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A03008 Summary:

BILL NO    A03008D

SAME AS    SAME AS UNI. S02608-D

SPONSOR    Budget

COSPNSR    

MLTSPNSR   

Amd Various Laws, generally

Authorizes funding for the Consolidated Local Street and Highway Improvement
Program (CHIPS) and Marchiselli program for state fiscal year 2013-2014 (Part
A); relates to the statewide transmission tax and amends part U1 of chapter 62
of the laws of 2003 amending the vehicle and traffic law and other laws
relating to increasing certain motor vehicle transaction fees, in relation to
the effectiveness thereof (Part B); imposes driver's license sanctions (Part
C); relates to the hours of operation of the department of motor vehicles; and
provides for the repeal of such provisions upon expiration thereof (Part D);
relates to enforcement assistance; and repeals section 357-a of the public
authorities law relating to payment by the New York state thruway authority for
services provided by the division of state police (Part E); establishes the
"Cleaner, Greener NY Act of 2013"; repeals section 27-1017 of the environmental
conservation law relating thereto; provides for the repeal of certain
provisions upon expiration thereof (Part F); relates to mandatory tire
acceptance (Part G); amends chapter 393 of the laws of 1994, amending the New
York state urban development corporation act, relating to the powers of the New
York state urban development corporation to make loans, in relation to the
effectiveness thereof (Part H); to amend chapter 58 of the laws of 2012
amending the public authorities law, relating to authorizing the dormitory
authority to enter into certain design and construction management agreements,
in relation to extending certain authority of the dormitory authority of the
state of New York and directing the dormitory authority to report on a design
and construction management agreement between such authority and the department
of environmental conservation and/or the office of parks, recreation and
historic preservation (Part I); authorizes and directs the New York state
energy research and development authority to make a payment to the general fund
of up to $913,000 (Part K); authorizes the New York state energy research and
development authority to finance a portion of its research, development and
demonstration and policy and planning programs from assessments on gas and
electric corporations (Part L); authorizes the department of health to finance
certain activities with revenues generated from an assessment on cable
television companies (Part M); amends 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, in
relation to extending the expiration date thereof (Part P); relates to the
issuance of hunting and fishing licenses; amends part AA of chapter 60 of the
laws of 2011, amending the environmental conservation law relating to saltwater
recreational fishing registrations, in relation to making the provisions of
such part permanent; and repeals certain provisions of such law relating
thereto (Part R); amends the agriculture and markets law and the public
authorities law, in relation to alternate generated power sources at retail
gasoline outlets (Part S); requires the New York state energy research and
development authority to develop recommendations regarding the establishment of
microgrids (Part T); relates to the use of ultra low sulfur diesel fuel and
best available technology by the state (Part U); relates to airport improvement
and revitalization grants and loans (Part V).
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A03008 Actions:

BILL NO    A03008D

01/22/2013 referred to ways and means
02/13/2013 amend (t) and recommit to ways and means
02/13/2013 print number 3008a
02/22/2013 amend (t) and recommit to ways and means
02/22/2013 print number 3008b
03/08/2013 amend (t) and recommit to ways and means
03/08/2013 print number 3008c
03/20/2013 amend (t) and recommit to ways and means
03/20/2013 print number 3008d
03/28/2013 reported referred to rules
03/28/2013 reported 
03/28/2013 rules report cal.47
03/28/2013 substituted by s2608d
           S02608  AMEND=D  BUDGET
           01/22/2013 REFERRED TO FINANCE
           02/13/2013 AMEND (T) AND RECOMMIT TO FINANCE
           02/13/2013 PRINT NUMBER 2608A
           02/22/2013 AMEND (T) AND RECOMMIT TO FINANCE
           02/22/2013 PRINT NUMBER 2608B
           03/09/2013 AMEND (T) AND RECOMMIT TO FINANCE
           03/09/2013 PRINT NUMBER 2608C
           03/20/2013 AMEND (T) AND RECOMMIT TO FINANCE
           03/20/2013 PRINT NUMBER 2608D
           03/24/2013 ORDERED TO THIRD READING CAL.272
           03/24/2013 PASSED SENATE
           03/24/2013 DELIVERED TO ASSEMBLY
           03/24/2013 referred to ways and means
           03/28/2013 substituted for a3008d
           03/28/2013 ordered to third reading rules cal.47
           03/28/2013 motion to amend lost
           03/28/2013 motion to amend lost
           03/28/2013 passed assembly
           03/28/2013 returned to senate
           03/29/2013 DELIVERED TO GOVERNOR
           03/29/2013 SIGNED CHAP.58
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A03008 Votes:

There are no votes for this bill in this legislative session.
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A03008 Memo:

Memo not available
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A03008 Text:

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

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

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

                                   January 22, 2013
                                      ___________

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

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

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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12573-06-3
       S. 2608--D                          2                         A. 3008--D

         the environmental conservation law relating thereto; and providing for
         the repeal of certain provisions upon expiration thereof (Part F);  to
         amend  the  environmental  conservation  law, in relation to mandatory
         tire  acceptance  (Part  G); to amend chapter 393 of the laws of 1994,
         amending the New York state urban development corporation act,  relat-
         ing  to the powers of the New York state urban development corporation
         to make loans, in relation to the effectiveness thereof (Part  H);  to
         amend  chapter  58 of the laws of 2012 amending the public authorities
         law, relating to authorizing the dormitory  authority  to  enter  into
         certain  design and construction management agreements, in relation to
         extending certain authority of the dormitory authority of the state of
         New York and directing the dormitory authority to report on  a  design
         and  construction  management agreement between such authority and the
         department of environmental conservation and/or the office  of  parks,
         recreation  and  historic preservation (Part I); intentionally omitted
         (Part J); to authorize and direct the New York state  energy  research
         and  development authority to make a payment to the general fund of up
         to $913,000 (Part K); to authorize the New York state energy  research
         and development authority to finance a portion of its research, devel-
         opment and demonstration and policy and planning programs from assess-
         ments  on  gas  and  electric  corporations (Part L); to authorize the
         department of health  to  finance  certain  activities  with  revenues
         generated  from  an assessment on cable television companies (Part M);
         intentionally omitted (Part N); intentionally  omitted  (Part  O);  to
         amend  chapter  21  of  the  laws  of 2003, amending the executive law
         relating to permitting the  secretary  of  state  to  provide  special
         handling  for  all documents filed or issued by the division of corpo-
         rations and to permit additional levels of such expedited service,  in
         relation  to  extending  the  expiration date thereof (Part P); inten-
         tionally omitted (Part Q); to  amend  the  environmental  conservation
         law,  in  relation to the issuance of hunting and fishing licenses; to
         amend part AA of chapter 60 of the laws of 2011, amending the environ-
         mental conservation law relating  to  saltwater  recreational  fishing
         registrations,  in  relation  to  making  the  provisions of such part
         permanent; and to repeal certain provisions of such law relating ther-
         eto (Part R); to amend the agriculture and markets law and the  public
         authorities  law,  in relation to alternate generated power sources at
         retail gasoline outlets (Part S); to require the New York state energy
         research and development authority to develop recommendations  regard-
         ing  the  establishment  of microgrids (Part T); to amend the environ-
         mental conservation law, in relation to the use of  ultra  low  sulfur
         diesel  fuel  and best available technology by the state (Part U); and
         to amend the transportation law, in relation  to  airport  improvement
         and revitalization grants and loans (Part V)

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. This act enacts into law major  components  of  legislation
    2  which are necessary to implement the state fiscal plan for the 2013-2014
    3  state  fiscal  year.  Each  component  is wholly contained within a Part
    4  identified as Parts A through V. The effective date for each  particular
    5  provision contained within such Part is set forth in the last section of
    6  such Part. Any provision in any section contained within a Part, includ-
    7  ing the effective date of the Part, which makes a reference to a section
       S. 2608--D                          3                         A. 3008--D

    1  "of  this  act", when used in connection with that particular component,
    2  shall be deemed to mean and refer to the corresponding  section  of  the
    3  Part  in  which  it  is  found. Section three of this act sets forth the
    4  general effective date of this act.

    5                                   PART A

    6    Section 1. The sum of four hundred seventy-seven million seven hundred
    7  ninety-seven  thousand  dollars  ($477,797,000),  or  so much thereof as
    8  shall be necessary, and in addition to amounts  previously  appropriated
    9  by  law,  is  hereby made available, in accordance with subdivision 1 of
   10  section 380 of the public authorities law as amended, according  to  the
   11  following schedule. Payments pursuant to subdivision (a) of this section
   12  shall  be  made  available as moneys become available for such payments.
   13  Payments pursuant to subdivisions (b) and (c) of this section  shall  be
   14  made  available  on  the  fifteenth day of June, September, December and
   15  March or  as  soon  thereafter  as  moneys  become  available  for  such
   16  payments.  No  moneys  of  the state in the state treasury or any of its
   17  funds shall be available for payments pursuant to this section:
   18                                  SCHEDULE
   19    (a) Thirty-nine million seven hundred thousand  dollars  ($39,700,000)
   20  to municipalities for repayment of eligible costs of federal aid munici-
   21  pal street and highway projects pursuant to section 15 of chapter 329 of
   22  the  laws  of  1991, as added by section 9 of chapter 330 of the laws of
   23  1991, as amended. The department of transportation  shall  provide  such
   24  information  to  the  municipalities as may be necessary to maintain the
   25  federal tax exempt status of any  bonds,  notes,  or  other  obligations
   26  issued  by  such  municipalities to provide for the non-federal share of
   27  the cost of projects pursuant to chapter 330 of  the  laws  of  1991  or
   28  section 80-b of the highway law.
   29    The  program  authorized  pursuant to section 15 of chapter 329 of the
   30  laws of 1991, as added by section 9 of chapter 330 of the laws of  1991,
   31  as amended, shall additionally make payments for reimbursement according
   32  to the following schedule:
   33                      State Fiscal Year     Amount
   34                      2013-14               $39,700,000
   35                      2014-15               $39,700,000
   36    (b)  Three hundred seventy-nine million three hundred thousand dollars
   37  ($379,300,000) to counties, cities, towns and villages for reimbursement
   38  of eligible costs of local  highway  and  bridge  projects  pursuant  to
   39  sections  16  and  16-a  of chapter 329 of the laws of 1991, as added by
   40  section 9 of chapter 330 of the  laws  of  1991,  as  amended.  For  the
   41  purposes of computing allocations to municipalities, the amount distrib-
   42  uted  pursuant to section 16 of chapter 329 of the laws of 1991 shall be
   43  deemed to be $125,540,000. The amount distributed  pursuant  to  section
   44  16-a  of  chapter  329  of  the  laws  of  1991  shall  be  deemed to be
   45  $253,760,000. Notwithstanding the provisions of any general  or  special
   46  law,  the  amounts  deemed  distributed in accordance with section 16 of
   47  chapter 329 of the laws of 1991 shall be adjusted so that  such  amounts
   48  will  not  be less than 86.579 percent of the "funding level" as defined
   49  in subdivision 5 of section 10-c of the highway law for each such  muni-
   50  cipality.  In  order  to achieve the objectives of section 16 of chapter
   51  329 of the laws of 1991, to the extent necessary, the amounts in  excess
   52  of  86.579 percent of the funding level to be deemed distributed to each
   53  municipality under this subdivision shall be reduced  in  equal  propor-
   54  tion.
       S. 2608--D                          4                         A. 3008--D

    1    (c)  Fifty-eight  million  seven hundred ninety-seven thousand dollars
    2  ($58,797,000) to municipalities for reimbursement of eligible  costs  of
    3  local  highway  and  bridge projects pursuant to sections 16 and 16-a of
    4  chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
    5  the  laws of 1991, as amended. For the purposes of computing allocations
    6  to municipalities, the amount distributed  pursuant  to  section  16  of
    7  chapter  329  of the laws of 1991 shall be deemed to be $19,460,000. The
    8  amount distributed pursuant to section 16-a of chapter 329 of  the  laws
    9  of   1991  shall  be  deemed  to  be  $39,337,000.  Notwithstanding  the
   10  provisions of any general or special law, the amounts deemed distributed
   11  in accordance with section 16 of chapter 329 of the laws of  1991  shall
   12  be adjusted so that such amounts will not be less than 13.421 percent of
   13  the  "funding  level" as defined in subdivision 5 of section 10-c of the
   14  highway law for each such municipality. In order to achieve  the  objec-
   15  tives  of  section  16 of chapter 329 of the laws of 1991, to the extent
   16  necessary, the amounts in excess of 13.421 percent of the funding  level
   17  to  be  deemed  distributed  to each municipality under this subdivision
   18  shall be reduced in equal proportion. To the extent that  the  total  of
   19  remaining payment allocations calculated herein varies from $58,797,000,
   20  the  payment  amounts  to  each  locality shall be adjusted by a uniform
   21  percentage so that the total payments equal $58,797,000.
   22    The program authorized pursuant to sections 16 and 16-a of chapter 329
   23  of the laws of 1991, as added by section 9 of chapter 330 of the laws of
   24  1991, as amended, shall additionally  make  payments  for  reimbursement
   25  according to the following schedule:
   26                      State Fiscal Year     Amount
   27                      2013-14               $438,097,000
   28                      2014-15               $438,097,000
   29    S 2. This act shall take effect immediately.

   30                                   PART B

   31    Section  1.  Subdivision  3 of section 205 of the tax law, as added by
   32  section 8 of part U1 of chapter 62 of the laws of 2003,  is  amended  to
   33  read as follows:
   34    3.  [From the] THE moneys collected from the taxes imposed by sections
   35  one hundred eighty-three and one hundred eighty-four of this article  on
   36  and  after  April  first,  two thousand [four] THIRTEEN, after reserving
   37  amounts for refunds or reimbursements, SHALL BE DISTRIBUTED AS  FOLLOWS:
   38  twenty  percent  of  such moneys shall be deposited to the credit of the
   39  dedicated highway and bridge trust fund established by  section  eighty-
   40  nine-b  of the state finance law[. The remainder], FIFTY-FOUR PERCENT OF
   41  SUCH MONEYS shall be deposited  in  the  mass  transportation  operating
   42  assistance  fund  to  the credit of the metropolitan mass transportation
   43  operating assistance account created pursuant to section  eighty-eight-a
   44  of  the state finance law AND TWENTY-SIX PERCENT OF SUCH MONEYS SHALL BE
   45  DEPOSITED IN THE MASS TRANSPORTATION OPERATING ASSISTANCE  FUND  TO  THE
   46  CREDIT OF THE PUBLIC TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT
   47  CREATED PURSUANT TO SECTION EIGHTY-EIGHT-A OF THE STATE FINANCE LAW.
   48    S  2. Section 13 of part U1 of chapter 62 of the laws of 2003 amending
   49  the vehicle and traffic  law  and  other  laws  relating  to  increasing
   50  certain  motor vehicle transaction fees, as amended by section 1 of part
   51  P of chapter 59 of the laws of 2009, is amended to read as follows:
   52    S 13. This act shall take effect immediately;  provided  however  that
   53  sections  one through SEVEN OF THIS ACT, THE AMENDMENTS TO SUBDIVISION 2
   54  OF SECTION 205 OF THE TAX LAW MADE BY SECTION EIGHT  OF  THIS  ACT,  AND
       S. 2608--D                          5                         A. 3008--D

    1  SECTION  nine  of  this act shall expire and be deemed repealed on March
    2  31, 2015; PROVIDED FURTHER, HOWEVER, THAT THE AMENDMENTS TO  SUBDIVISION
    3  3  OF SECTION 205 OF THE TAX LAW MADE BY SECTION EIGHT OF THIS ACT SHALL
    4  EXPIRE  AND  BE  DEEMED  REPEALED  ON  MARCH 31, 2018; provided further,
    5  however, that the provisions of section eleven of this  act  shall  take
    6  effect  April  1,  2004 and shall expire and be deemed repealed on March
    7  31, 2015.
    8    S 3. This act shall take effect on the  same  date  and  in  the  same
    9  manner  as  the expiration and repeal of subdivision 3 of section 205 of
   10  the tax law as provided in section 2 of part P of chapter 59 of the laws
   11  of 2012, as amended.

   12                                   PART C

   13    Section 1. Paragraph (a) of subdivision 4  of  section  510-a  of  the
   14  vehicle  and  traffic law, as amended by section 14 of part E of chapter
   15  60 of the laws of 2005, is amended to read as follows:
   16    (a) A serious traffic violation  shall  mean  operating  a  commercial
   17  motor  vehicle IN VIOLATION OF ANY PROVISION OF THIS CHAPTER OR THE LAWS
   18  OR ORDINANCES OF ANY OTHER STATE OR LOCALITY OUTSIDE OF THIS STATE  THAT
   19  RESTRICTS  OR  PROHIBITS  THE  USE  OF A HAND-HELD MOBILE TELEPHONE OR A
   20  PORTABLE ELECTRONIC DEVICE WHILE OPERATING A COMMERCIAL MOTOR VEHICLE OR
   21  in violation of any provision of this chapter or the laws of  any  other
   22  state,  the  District  of  Columbia  or  any Canadian province which (i)
   23  limits the speed of motor  vehicles,  provided  the  violation  involved
   24  fifteen or more miles per hour over the established speed limit; (ii) is
   25  defined  as  reckless driving by state or local law or regulation; (iii)
   26  prohibits improper or erratic lane change; (iv) prohibits following  too
   27  closely;  (v)  relates  to  motor  vehicle  traffic (other than parking,
   28  standing or stopping) and which arises in connection with a fatal  acci-
   29  dent;  (vi) operating a commercial motor vehicle without first obtaining
   30  a commercial driver's license as required by section five hundred one of
   31  this title; (vii) operating a commercial motor vehicle without a commer-
   32  cial driver's license in the driver's possession; or (viii) operating  a
   33  commercial motor vehicle without the proper class of commercial driver's
   34  license  and/or  endorsement  for the specific vehicle being operated or
   35  for the passengers or type of cargo being transported.
   36    S 2. Paragraphs (c) and (e) of subdivision 1 of section 1225-c of  the
   37  vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
   38  amended to read as follows:
   39    (c)  "Using"  shall  mean (I) holding a mobile telephone to, or in the
   40  immediate proximity of, the user's ear;  AND  (II)  WITH  RESPECT  TO  A
   41  PERSON  OPERATING A COMMERCIAL MOTOR VEHICLE, HOLDING A MOBILE TELEPHONE
   42  TO, OR IN THE IMMEDIATE PROXIMITY OF, THE  USER'S  EAR,  OR  DIALING  OR
   43  ANSWERING  A  MOBILE TELEPHONE BY PRESSING MORE THAN A SINGLE BUTTON, OR
   44  REACHING FOR A MOBILE TELEPHONE IN A MANNER THAT REQUIRES SUCH PERSON TO
   45  MANEUVER SO THAT HE OR SHE IS NO LONGER IN A  SEATED  DRIVING  POSITION,
   46  RESTRAINED  BY  A SEAT BELT THAT IS INSTALLED IN ACCORDANCE WITH SECTION
   47  393.93 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS  AND  ADJUSTED  IN
   48  ACCORDANCE WITH THE VEHICLE MANUFACTURER'S INSTRUCTIONS.
   49    (e)  "Hands-free  mobile telephone" shall mean a mobile telephone that
   50  has an internal feature or function, or that is equipped with an attach-
   51  ment or addition, whether or not permanently part of such  mobile  tele-
   52  phone, by which a user engages in a call without the use of either hand,
   53  whether  or not the use of either hand is necessary to activate, deacti-
   54  vate or initiate a function of such telephone.  PROVIDED, HOWEVER,  THAT
       S. 2608--D                          6                         A. 3008--D

    1  FOR  PURPOSES OF THIS SECTION, A MOBILE TELEPHONE USED BY A PERSON OPER-
    2  ATING A COMMERCIAL MOTOR VEHICLE  SHALL  NOT  BE  DEEMED  A  "HANDS-FREE
    3  MOBILE  TELEPHONE"  WHEN  SUCH PERSON DIALS OR ANSWERS SUCH MOBILE TELE-
    4  PHONE BY PRESSING MORE THAN A SINGLE BUTTON.
    5    S 3. Subdivision 1 of section 1225-c of the vehicle and traffic law is
    6  amended by adding two new paragraphs (h) and (i) to read as follows:
    7    (H)  "COMMERCIAL  MOTOR  VEHICLE"  SHALL HAVE THE SAME MEANING AS SUCH
    8  TERM IS DEFINED BY SUBDIVISION FOUR-A OF SECTION TWO OF THE  TRANSPORTA-
    9  TION LAW.
   10    (I)  "MOTOR  CARRIER"  SHALL  HAVE  THE  SAME  MEANING AS SUCH TERM IS
   11  DEFINED BY SUBDIVISION SEVENTEEN OF SECTION TWO  OF  THE  TRANSPORTATION
   12  LAW.
   13    S  4. Paragraphs (a) and (b) of subdivision 2 of section 1225-c of the
   14  vehicle and traffic law, as added by chapter 69 of the laws of 2001, are
   15  amended to read as follows:
   16    (a) Except as otherwise provided in  this  section,  no  person  shall
   17  operate a motor vehicle upon a public highway while using a mobile tele-
   18  phone  to  engage  in  a call while such vehicle is in motion; PROVIDED,
   19  HOWEVER, THAT NO PERSON SHALL OPERATE A COMMERCIAL MOTOR  VEHICLE  WHILE
   20  USING A MOBILE TELEPHONE TO ENGAGE IN A CALL ON A PUBLIC HIGHWAY INCLUD-
   21  ING  WHILE  TEMPORARILY STATIONARY BECAUSE OF TRAFFIC, A TRAFFIC CONTROL
   22  DEVICE, OR OTHER MOMENTARY DELAYS. PROVIDED  FURTHER,  HOWEVER,  THAT  A
   23  PERSON  SHALL  NOT  BE DEEMED TO BE OPERATING A COMMERCIAL MOTOR VEHICLE
   24  WHILE USING A MOBILE TELEPHONE TO ENGAGE IN A CALL ON A  PUBLIC  HIGHWAY
   25  WHEN SUCH VEHICLE IS STOPPED AT THE SIDE OF, OR OFF, A PUBLIC HIGHWAY IN
   26  A  LOCATION WHERE SUCH VEHICLE IS NOT OTHERWISE PROHIBITED FROM STOPPING
   27  BY LAW, RULE, REGULATION OR ANY LAWFUL ORDER OR DIRECTION  OF  A  POLICE
   28  OFFICER.
   29    (b)  An operator of [a] ANY motor vehicle who holds a mobile telephone
   30  to, or in the immediate proximity of, his or her ear while such  vehicle
   31  is  in motion is presumed to be engaging in a call within the meaning of
   32  this section; PROVIDED, HOWEVER, THAT AN OPERATOR OF A COMMERCIAL  MOTOR
   33  VEHICLE  WHO  HOLDS A MOBILE TELEPHONE TO, OR IN THE IMMEDIATE PROXIMITY
   34  OF, HIS OR HER EAR WHILE SUCH VEHICLE IS TEMPORARILY STATIONARY  BECAUSE
   35  OF  TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS IS ALSO
   36  PRESUMED TO BE ENGAGING IN A CALL WITHIN THE  MEANING  OF  THIS  SECTION
   37  EXCEPT  THAT A PERSON OPERATING A COMMERCIAL MOTOR VEHICLE WHILE USING A
   38  MOBILE TELEPHONE TO ENGAGE IN A CALL WHEN SUCH VEHICLE IS STOPPED AT THE
   39  SIDE OF, OR OFF, A PUBLIC HIGHWAY IN A LOCATION WHERE  SUCH  VEHICLE  IS
   40  NOT  OTHERWISE  PROHIBITED FROM STOPPING BY LAW, RULE, REGULATION OR ANY
   41  LAWFUL ORDER OR DIRECTION OF A POLICE OFFICER SHALL NOT BE  PRESUMED  TO
   42  BE  ENGAGING IN A CALL WITHIN THE MEANING OF THIS SECTION.  The presump-
   43  tion established by this subdivision is rebuttable by  evidence  tending
   44  to show that the operator was not engaged in a call.
   45    S 5. Subdivision 2 of section 1225-c of the vehicle and traffic law is
   46  amended by adding a new paragraph (d) to read as follows:
   47    (D)  NO  MOTOR  CARRIER  SHALL  ALLOW  OR REQUIRE ITS DRIVERS TO USE A
   48  HAND-HELD MOBILE TELEPHONE WHILE OPERATING A COMMERCIAL MOTOR VEHICLE AS
   49  PROVIDED IN THIS SECTION.
   50    S 6. Subdivision 1 of section 1225-d of the vehicle and  traffic  law,
   51  as  added  by  chapter  403  of  the laws of 2009, is amended to read as
   52  follows:
   53    1. Except as otherwise provided in this section, no person shall oper-
   54  ate a motor vehicle while using any  portable  electronic  device  while
   55  such vehicle is in motion; PROVIDED, HOWEVER, THAT NO PERSON SHALL OPER-
   56  ATE  A  COMMERCIAL  MOTOR  VEHICLE  WHILE  USING ANY PORTABLE ELECTRONIC
       S. 2608--D                          7                         A. 3008--D

    1  DEVICE ON  A  PUBLIC  HIGHWAY  INCLUDING  WHILE  TEMPORARILY  STATIONARY
    2  BECAUSE OF TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS.
    3  PROVIDED FURTHER, HOWEVER, THAT A PERSON SHALL NOT BE DEEMED TO BE OPER-
    4  ATING  A  COMMERCIAL  MOTOR  VEHICLE  WHILE  USING A PORTABLE ELECTRONIC
    5  DEVICE ON A PUBLIC HIGHWAY WHEN SUCH VEHICLE IS STOPPED AT THE SIDE  OF,
    6  OR  OFF, A PUBLIC HIGHWAY IN A LOCATION WHERE SUCH VEHICLE IS NOT OTHER-
    7  WISE PROHIBITED FROM STOPPING BY LAW, RULE,  REGULATION  OR  ANY  LAWFUL
    8  ORDER OR DIRECTION OF A POLICE OFFICER.
    9    S  7.  Section  1225-d  of  the  vehicle and traffic law is amended by
   10  adding a new subdivision 1-a to read as follows:
   11    1-A. NO MOTOR CARRIER SHALL ALLOW OR REQUIRE  ITS  DRIVERS  TO  USE  A
   12  PORTABLE ELECTRONIC DEVICE WHILE OPERATING A COMMERCIAL MOTOR VEHICLE AS
   13  PROVIDED IN THIS SECTION.
   14    S  8. Paragraphs (a) and (b) of subdivision 2 of section 1225-d of the
   15  vehicle and traffic law, as added by chapter 403 of the  laws  of  2009,
   16  are amended to read as follows:
   17    (a) "Portable electronic device" shall mean any hand-held mobile tele-
   18  phone,  as  defined by subdivision one of section twelve hundred twenty-
   19  five-c of this  article,  personal  digital  assistant  (PDA),  handheld
   20  device  with  mobile  data  access,  laptop  computer,  pager, broadband
   21  personal communication  device,  two-way  messaging  device,  electronic
   22  game,  or portable computing device, OR ANY OTHER ELECTRONIC DEVICE WHEN
   23  USED TO INPUT, WRITE, SEND, RECEIVE, OR READ TEXT FOR PRESENT OR  FUTURE
   24  COMMUNICATION.
   25    (b)  "Using"  shall  mean  holding  a portable electronic device while
   26  viewing, taking or transmitting  images,  playing  games,  or,  FOR  THE
   27  PURPOSE  OF  PRESENT  OR  FUTURE  COMMUNICATION: PERFORMING A COMMAND OR
   28  REQUEST TO ACCESS A WORLD WIDE WEB PAGE,  composing,  sending,  reading,
   29  viewing, accessing, browsing, transmitting, saving or retrieving e-mail,
   30  text messages, INSTANT MESSAGES, or other electronic data.
   31    S 9. Subdivision 2 of section 1225-d of the vehicle and traffic law is
   32  amended by adding two new paragraphs (c) and (d) to read as follows:
   33    (C)  "COMMERCIAL  MOTOR  VEHICLE"  SHALL HAVE THE SAME MEANING AS SUCH
   34  TERM IS DEFINED BY SUBDIVISION FOUR-A OF SECTION TWO OF THE  TRANSPORTA-
   35  TION LAW.
   36    (D)  "MOTOR  CARRIER"  SHALL  HAVE  THE  SAME  MEANING AS SUCH TERM IS
   37  DEFINED BY SUBDIVISION SEVENTEEN OF SECTION TWO  OF  THE  TRANSPORTATION
   38  LAW.
   39    S  10. Subdivision 4 of section 1225-d of the vehicle and traffic law,
   40  as amended by chapter 109 of the laws of 2011, is  amended  to  read  as
   41  follows:
   42    4.  A  person  who holds a portable electronic device in a conspicuous
   43  manner while operating a motor vehicle OR WHILE OPERATING  A  COMMERCIAL
   44  MOTOR VEHICLE ON A PUBLIC HIGHWAY INCLUDING WHILE TEMPORARILY STATIONARY
   45  BECAUSE  OF TRAFFIC, A TRAFFIC CONTROL DEVICE, OR OTHER MOMENTARY DELAYS
   46  BUT NOT INCLUDING WHEN SUCH COMMERCIAL MOTOR VEHICLE IS STOPPED  AT  THE
   47  SIDE  OF,  OR  OFF, A PUBLIC HIGHWAY IN A LOCATION WHERE SUCH VEHICLE IS
   48  NOT OTHERWISE PROHIBITED FROM STOPPING BY LAW, RULE, REGULATION  OR  ANY
   49  LAWFUL  ORDER  OR  DIRECTION OF A POLICE OFFICER is presumed to be using
   50  such device, EXCEPT THAT A PERSON OPERATING A COMMERCIAL  MOTOR  VEHICLE
   51  WHILE USING A PORTABLE ELECTRONIC DEVICE WHEN SUCH VEHICLE IS STOPPED AT
   52  THE  SIDE  OF, OR OFF, A PUBLIC HIGHWAY IN A LOCATION WHERE SUCH VEHICLE
   53  IS NOT OTHERWISE PROHIBITED FROM STOPPING BY LAW,  RULE,  REGULATION  OR
   54  ANY  LAWFUL ORDER OR DIRECTION OF A POLICE OFFICER SHALL NOT BE PRESUMED
   55  TO BE USING SUCH DEVICE. The presumption established by this subdivision
       S. 2608--D                          8                         A. 3008--D

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

    5                                   PART D

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

   37                                   PART E

   38    Section 1. Section 357-a of public authorities law is REPEALED  and  a
   39  new section 357-a is added to read as follows:
   40    S  357-A. STATE POLICE AND STATE PAYMENT FOR SERVICES.  1. ENFORCEMENT
   41  ASSISTANCE SHALL BE PROVIDED BY THE DIVISION OF STATE POLICE AT A  LEVEL
   42  CONSISTENT WITH HISTORICAL PRECEDENTS, AS A MATTER OF STATE INTEREST, ON
   43  ALL  SECTIONS  OF  THE  THRUWAY.  THE  AUTHORITY SHALL PROVIDE GOODS AND
   44  SERVICES TO THE DIVISION OF STATE POLICE IN CONNECTION WITH ITS ENFORCE-
   45  MENT ACTIVITY ON THE THRUWAY. THE  DIVISION  OF  STATE  POLICE  AND  THE
   46  AUTHORITY  SHALL  ENTER  INTO  AN  AGREEMENT IDENTIFYING THOSE GOODS AND
   47  SERVICES THAT THE AUTHORITY WILL PROVIDE TO THE DIVISION OF STATE POLICE
   48  AND DETERMINE REPORTING AND  OTHER  REQUIREMENTS  RELATED  THERETO.  ANY
   49  COSTS  BORNE  BY THE STATE POLICE OUTSIDE OF SUCH AGREEMENT SHALL NOT BE
   50  REIMBURSED BY THE AUTHORITY NOR  SHALL  THEY  BE  DEEMED  COSTS  OF  THE
   51  AUTHORITY.
       S. 2608--D                          9                         A. 3008--D

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

   25                                   PART F

   26    Section 1. This act shall be known and may be cited as  the  "Cleaner,
   27  Greener NY act of 2013."
   28    S 2. Subdivision 2-a of section 27-1003 of the environmental conserva-
   29  tion  law, as added by section 3 of part SS of chapter 59 of the laws of
   30  2009, is amended to read as follows:
   31    2-a. "Bottler" means a person, firm or corporation who:
   32    a. bottles, cans or otherwise packages beverages in beverage  contain-
   33  ers  except  that  if  such  packaging  is for [a distributor] ANY OTHER
   34  PERSON, FIRM OR CORPORATION having the right to bottle, can or otherwise
   35  package the same  brand  of  beverage,  then  such  [distributor]  OTHER
   36  PERSON, FIRM OR CORPORATION shall be the bottler; or
   37    b. imports filled beverage containers into the United States.
   38    S  3. Section 27-1007 of the environmental conservation law is amended
   39  by adding a new subdivision 12 to read as follows:
   40    12. NO PERSON SHALL INTENTIONALLY PROGRAM, TAMPER WITH, RENDER INACCU-
   41  RATE, OR CIRCUMVENT THE PROPER OPERATION OF A REVERSE VENDING MACHINE TO
   42  WRONGFULLY ELICIT DEPOSIT MONIES  WHEN  NO  VALID,  REDEEMABLE  BEVERAGE
   43  CONTAINER HAS BEEN PLACED IN AND PROPERLY PROCESSED BY THE REVERSE VEND-
   44  ING MACHINE.
   45    S 4. Section 27-1009 of the environmental conservation law, as amended
   46  by section 5 of part SS of chapter 59 of the laws of 2009, is amended to
   47  read as follows:
   48  S 27-1009. Refusal of acceptance.
   49    1.  A  dealer  or operator of a redemption center may refuse to accept
   50  from a redeemer, and a deposit initiator or distributor  may  refuse  to
   51  accept from a dealer or operator of a redemption center any empty bever-
   52  age container which does not state thereon a refund value as established
   53  by section 27-1005 and provided by section 27-1011 of this title.
       S. 2608--D                         10                         A. 3008--D

    1    2.  A  dealer  or  operator  of a redemption center may also refuse to
    2  accept  any  broken  bottle,  corroded,  CRUSHED  or  dismembered  [can]
    3  CONTAINER, or any beverage container which contains a significant amount
    4  of  foreign  material,  as  determined  in  rules  and regulations to be
    5  promulgated by the commissioner.
    6    S  5.  Subdivision 1 of section 27-1011 of the environmental conserva-
    7  tion law, as amended by chapter 149 of the laws of 1983, is  amended  to
    8  read as follows:
    9    1.  a. Every beverage container sold or offered for sale in this state
   10  [by a distributor or dealer] shall clearly indicate by permanently mark-
   11  ing or embossing the container or by printing as  part  of  the  product
   12  label  the refund value of the container and the words "New York" or the
   13  letters "NY"[; provided, however, in the case of private label beverages
   14  such information may be embossed or printed on a label which is securely
   15  or permanently affixed to the beverage container. Private label beverag-
   16  es shall be defined as beverages purchased from a beverage  manufacturer
   17  in  beverage  containers  bearing  a brand name or trademark for sale at
   18  retail directly by the owner or licensee of such brand  name  or  trade-
   19  mark;  or  through retail dealers affiliated with such owner or licensee
   20  by a cooperative or franchise agreement].
   21    b. Such embossing or permanent imprinting on  the  beverage  container
   22  shall  be  the  responsibility  of the person, firm or corporation which
   23  bottles, cans or otherwise fills or packages a beverage container  or  a
   24  brand  owner  for  whose  exclusive  account private label beverages are
   25  bottled, canned or otherwise packaged; provided, however, that the  duly
   26  authorized  agent  of  any such person, firm or corporation may indicate
   27  such refund value by a label securely affixed on any beverage  container
   28  containing  beverages  imported  into the United States.   PRIVATE LABEL
   29  BEVERAGES SHALL BE DEFINED AS BEVERAGES  PURCHASED  FROM  A  BOTTLER  IN
   30  BEVERAGE CONTAINERS BEARING A BRAND NAME OR TRADEMARK FOR SALE AT RETAIL
   31  DIRECTLY  BY  THE  OWNER OR LICENSEE OF SUCH BRAND NAME OR TRADEMARK; OR
   32  THROUGH RETAIL DEALERS AFFILIATED WITH SUCH OWNER OR LICENSEE BY A COOP-
   33  ERATIVE OR FRANCHISE AGREEMENT.
   34    S 6. Subdivision 5, paragraph b of subdivision 9 and subdivision 12 of
   35  section 27-1012 of the  environmental  conservation  law,  as  added  by
   36  section  8  of part SS of chapter 59 of the laws of 2009, are amended to
   37  read as follows:
   38    5. All monies collected or received by the department of taxation  and
   39  finance  pursuant  to this title shall be deposited to the credit of the
   40  comptroller with such responsible banks, banking houses or trust  compa-
   41  nies  as  may  be  designated by the comptroller. Such deposits shall be
   42  kept separate and apart from all other moneys in the possession  of  the
   43  comptroller.  The  comptroller  shall require adequate security from all
   44  such depositories. Of the total revenue collected, the comptroller shall
   45  retain the amount determined by the commissioner of taxation and finance
   46  to be necessary for refunds out of which the comptroller  must  pay  any
   47  refunds  to  which  a deposit initiator may be entitled. After reserving
   48  the amount to pay refunds, the comptroller must, by  the  tenth  day  of
   49  each  month,  pay  into  the state treasury to the credit of the general
   50  fund the revenue deposited under this subdivision during  the  preceding
   51  calendar month and remaining to the comptroller's credit on the last day
   52  of  that  preceding  month[.];  PROVIDED, HOWEVER, THAT, BEGINNING APRIL
   53  FIRST, TWO THOUSAND THIRTEEN, AND ALL FISCAL YEARS  THEREAFTER,  FIFTEEN
   54  MILLION  DOLLARS  PLUS  ALL  FUNDS  RECEIVED  FROM THE PAYMENTS DUE EACH
   55  FISCAL YEAR PURSUANT TO SUBDIVISION FOUR OF THIS SECTION  IN  EXCESS  OF
   56  THE  AMOUNT RECEIVED FROM APRIL FIRST, TWO THOUSAND TWELVE THROUGH MARCH
       S. 2608--D                         11                         A. 3008--D

    1  THIRTY-FIRST, TWO THOUSAND THIRTEEN, SHALL BE DEPOSITED TO THE CREDIT OF
    2  THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO SECTION  NINE-
    3  TY-TWO-S OF THE STATE FINANCE LAW.
    4    b.  Any  deposit  initiator  who fails to FILE REPORTS, MAKE QUARTERLY
    5  PAYMENTS OR maintain accounts  or  records  pursuant  to  this  section,
    6  unless it is shown that such failure was due to reasonable cause and not
    7  due  to  negligence or willful neglect, in addition to any other penalty
    8  imposed by this title, shall be subject to a penalty to be  assessed  by
    9  the  commissioner  of taxation and finance of not more than one thousand
   10  dollars for each quarter during which  such  failure  occurred,  and  an
   11  additional  penalty of not more than one thousand dollars for each quar-
   12  ter such failure continues.
   13    12. [Beginning on June first, two thousand nine each deposit initiator
   14  shall register the container label of any beverage offered for  sale  in
   15  the state on which it initiates a deposit. Any such registered container
   16  label  shall  bear a universal product code. Such universal product code
   17  shall be New York state specific, in  order  to  identify  the  beverage
   18  container  as  offered  for sale exclusively in New York state, and as a
   19  means of preventing illegal redemption of beverage containers  purchased
   20  out-of-state. Registration must be on forms as prescribed by the depart-
   21  ment and must include the universal product code for each combination of
   22  beverage  and  container manufactured. The commissioner may require that
   23  such forms be filed electronically. The deposit initiator shall renew  a
   24  label  registration  whenever  that  label  is  revised  by altering the
   25  universal product code or whenever the container on which it appears  is
   26  changed  in size, composition or glass color.] A. EACH DEPOSIT INITIATOR
   27  SHALL PROVIDE A REPORT TO THE DEPARTMENT DESCRIBING  ALL  THE  TYPES  OF
   28  BEVERAGE  CONTAINERS  ON  WHICH  IT INITIATES DEPOSITS. THE REPORT SHALL
   29  INCLUDE THE PRODUCT NAME, TYPE OF BEVERAGE, SIZE AND COMPOSITION OF  THE
   30  BEVERAGE  CONTAINER,  UNIVERSAL  PRODUCT CODE, AND ANY OTHER INFORMATION
   31  THE DEPARTMENT MAY REQUIRE. UPON REQUEST, A DEPOSIT INITIATOR SHALL ALSO
   32  PROVIDE TO THE DEPARTMENT A COPY OF THE CONTAINER LABEL OR A PICTURE  OF
   33  ANY  BEVERAGE  CONTAINER SOLD OR OFFERED FOR SALE IN THIS STATE ON WHICH
   34  IT INITIATES A DEPOSIT. SUCH INFORMATION SHALL BE PROVIDED IN A FORM  AS
   35  PRESCRIBED  BY  THE  DEPARTMENT.    THE DEPARTMENT MAY REQUIRE THAT SUCH
   36  FORMS BE FILED ELECTRONICALLY.
   37    B. A BOTTLER MAY PLACE ON A BEVERAGE  CONTAINER  A  UNIVERSAL  PRODUCT
   38  CODE  OR OTHER DISTINCTIVE MARKING THAT IS SPECIFIC TO THE STATE OR USED
   39  ONLY IN THE STATE AND ANY OTHER STATES WITH LAWS  SUBSTANTIALLY  SIMILAR
   40  TO  THIS TITLE AS A MEANS OF PREVENTING THE SALE OR REDEMPTION OF BEVER-
   41  AGE CONTAINERS ON WHICH NO DEPOSIT WAS INITIATED.
   42    C. A BOTTLER OR DEPOSIT INITIATOR SHALL NOTIFY THE  DEPARTMENT,  IN  A
   43  FORM  PRESCRIBED  BY  THE  DEPARTMENT,  WHENEVER A BEVERAGE CONTAINER OR
   44  BEVERAGE CONTAINER LABEL IS REVISED BY ALTERING  THE  UNIVERSAL  PRODUCT
   45  CODE,  OR  WHENEVER  THE  CONTAINER  ON  WHICH  A UNIVERSAL PRODUCT CODE
   46  APPEARS IS CHANGED IN SIZE, COMPOSITION OR GLASS COLOR, OR WHENEVER  THE
   47  CONTAINER  OR  CONTAINER LABEL ON WHICH A UNIVERSAL PRODUCT CODE APPEARS
   48  IS CHANGED TO INCLUDE A UNIVERSAL PRODUCT CODE THAT  IS  UNIQUE  TO  THE
   49  STATE  OR USED ONLY IN THE STATE AND ANY OTHER STATES WITH LAWS SUBSTAN-
   50  TIALLY SIMILAR TO THIS TITLE.
   51    S 7. Section 27-1013 of the environmental conservation law, as amended
   52  by section 9 of part SS of chapter 59 of the laws of 2009, is amended to
   53  read as follows:
   54  S 27-1013. Redemption centers.
   55    1. The commissioner is hereby empowered to promulgate rules and  regu-
   56  lations  governing  [(1)]  (A) the circumstances in which DEPOSIT INITI-
       S. 2608--D                         12                         A. 3008--D

    1  ATORS, dealers  and  distributors,  individually  or  collectively,  are
    2  required  to  accept  the return of empty beverage containers, INCLUDING
    3  BEVERAGE CONTAINERS PROCESSED THROUGH REVERSE VENDING MACHINES and  make
    4  payment therefor; [(2)] (B) the sorting of the containers which a depos-
    5  it  initiator  or  distributor  may  require  of  dealers and redemption
    6  centers; [(3)] (C) the collection of  returned  beverage  containers  by
    7  deposit  initiators  or  distributors,  including the party to whom such
    8  expense is to be charged, the frequency of such pick ups and the payment
    9  for refunds and handling fees thereon; [(4)] (D) the right of dealers to
   10  restrict or limit the number  of  containers  redeemed,  the  rules  for
   11  redemption  at  the  dealers'  place  of business, and the redemption of
   12  containers from a beverage for  which  sales  have  been  discontinued[,
   13  and];  (E)  to issue [permits] REGISTRATIONS to persons, firms or corpo-
   14  rations  which  establish  redemption  centers,  subject  to  applicable
   15  provisions  of  local and state laws, at which redeemers and dealers may
   16  return empty beverage containers and receive payment of the refund value
   17  of such beverage containers. SUCH REGISTRATIONS SHALL BE  ISSUED  AT  NO
   18  COST.   SHOULD THE DEPARTMENT REQUIRE BY REGULATIONS ADOPTED PURSUANT TO
   19  THIS PARAGRAPH THAT REDEMPTION CENTERS MUST OBTAIN A REGISTRATION  AS  A
   20  CONDITION  OF  OPERATION,  ANY REDEMPTION CENTER IN BUSINESS AS OF MARCH
   21  FIRST, TWO THOUSAND THIRTEEN THAT  PREVIOUSLY  PROVIDED  THE  DEPARTMENT
   22  WITH  THE  NOTIFICATION INFORMATION REQUIRED BY REGULATIONS IN EFFECT AS
   23  OF SUCH DATE MAY CONTINUE TO OPERATE AS IF  THE  DEPARTMENT  HAD  ISSUED
   24  SUCH  REDEMPTION  CENTER  A REGISTRATION REQUIRED BY REGULATIONS ADOPTED
   25  UNDER THIS PARAGRAPH; PROVIDED, HOWEVER,  THAT  SUCH  REDEMPTION  CENTER
   26  SHALL  PROVIDE  THE  DEPARTMENT  WITH  ANY OTHER INFORMATION REQUIRED BY
   27  REGULATIONS ADOPTED PURSUANT TO THIS PARAGRAPH.    THE  DEPARTMENT  MAY,
   28  AFTER  DUE NOTICE AND OPPORTUNITY OF HEARING, PURSUANT TO THE PROVISIONS
   29  OF SECTION 71-1709 OF THIS CHAPTER, DENY  AN  APPLICATION  OR  REVOKE  A
   30  REGISTRATION.    IN  DETERMINING WHETHER OR NOT TO REVOKE A REGISTRATION
   31  THE COMMISSIONER SHALL AT A MINIMUM, TAKE INTO CONSIDERATION THE COMPLI-
   32  ANCE HISTORY OF A VIOLATOR, GOOD FAITH EFFORTS OF A VIOLATOR TO  COMPLY,
   33  ANY  ECONOMIC  BENEFIT  FROM NONCOMPLIANCE AND WHETHER THE VIOLATION WAS
   34  PROCEDURAL IN NATURE.  THE  COMMISSIONER'S  DETERMINATION  TO  REVOKE  A
   35  REGISTRATION  IS  SUBJECT  TO  REVIEW UNDER ARTICLE SEVENTY-EIGHT OF THE
   36  CIVIL PRACTICE LAW AND RULES; AND (F) THE OPERATION OF MOBILE REDEMPTION
   37  CENTERS IN ORDER TO ENSURE THAT TO THE BEST EXTENT PRACTICABLE  CONTAIN-
   38  ERS ARE NOT PROFFERED FOR REDEMPTION TO A DEPOSIT INITIATOR OR DISTRIBU-
   39  TOR  OUTSIDE  OF  THE GEOGRAPHIC AREA WHERE SUCH DEPOSIT INITIATOR SELLS
   40  CONTAINERS AND INITIATES DEPOSITS.
   41    2. THE DEPARTMENT MAY REQUIRE A REDEMPTION CENTER TO OBTAIN A  PERMIT,
   42  AS  AN ALTERNATIVE TO REGISTRATION IF SUCH CENTER IS LOCATED AT THE SAME
   43  FACILITY OR SITE AS ANOTHER SOLID WASTE  MANAGEMENT  FACILITY  OTHERWISE
   44  SUBJECT  TO THE REQUIREMENTS OF TITLE SEVEN OF THIS ARTICLE OR THE REGU-
   45  LATIONS PROMULGATED PURSUANT THERETO.
   46    3. No dealer or distributor, as defined in  section  27-1003  of  this
   47  title,  shall  be  required  to  obtain a permit to operate a redemption
   48  center at the same location as the dealer's or  distributor's  place  of
   49  business.  Operators of such redemption centers shall receive payment of
   50  the refund value of each beverage container from the appropriate deposit
   51  initiator or distributor as  provided  under  section  27-1007  of  this
   52  title.
   53    4.  EACH DEALER AND REDEMPTION CENTER SHALL REQUIRE ANY PERSON TENDER-
   54  ING FOR REDEMPTION MORE THAN TWO THOUSAND FIVE HUNDRED CONTAINERS AT ONE
   55  TIME TO SUCH DEALER OR REDEMPTION CENTER TO PROVIDE SUCH  PERSON'S  NAME
   56  AND  ADDRESS  AND THE LICENSE PLATE OF THE VEHICLE USED TO TRANSPORT THE
       S. 2608--D                         13                         A. 3008--D

    1  CONTAINERS, OR, IN THE CASE OF AN AGENT OR EMPLOYEE OF A  NOT-FOR-PROFIT
    2  CORPORATION, A SALES TAX EXEMPTION CERTIFICATE. THE DEALER OR REDEMPTION
    3  CENTER  REDEEMING  THE BEVERAGE CONTAINERS SHALL KEEP THE INFORMATION ON
    4  FILE  FOR  A MINIMUM OF TWELVE MONTHS AND PROVIDE SAME TO THE DEPARTMENT
    5  UPON REQUEST.
    6    S 8. Section 27-1015 of the environmental conservation law, as amended
    7  by section 11 of part SS of chapter 59 of the laws of 2009,  is  amended
    8  to read as follows:
    9  S 27-1015. Violations.
   10    1.  [A  violation  of this title, except as otherwise provided in this
   11  section and section 27-1012 of this title, shall be a  public  nuisance.
   12  In  addition,  except]  EXCEPT as otherwise provided in this section and
   13  section 27-1012  of  this  title,  any  person  who  shall  violate  any
   14  provision  of  this title shall be liable to the state of New York for a
   15  civil penalty of not more than five hundred dollars, and  an  additional
   16  civil  penalty of not more than five hundred dollars for each day during
   17  which each such violation continues. Any civil penalty may  be  assessed
   18  following a hearing or opportunity to be heard.
   19    2. Any distributor [or], deposit initiator, REDEMPTION CENTER OR DEAL-
   20  ER  who  violates  any  provision  of  this title, except as provided in
   21  section 27-1012 of this title, shall be liable to the state of New  York
   22  for  a civil penalty of not more than one thousand dollars, and an addi-
   23  tional civil penalty of not more than one thousand dollars for each  day
   24  during  which  each  such  violation continues. Any civil penalty may be
   25  assessed following a hearing or opportunity to be heard.
   26    3. It shall be unlawful for a distributor or deposit initiator, acting
   27  alone or aided by another, to return any empty beverage container  to  a
   28  dealer  or  redemption center for its refund value if the distributor or
   29  deposit initiator had previously accepted such beverage  container  from
   30  any  dealer  or operator of a redemption center OR IF SUCH CONTAINER WAS
   31  PREVIOUSLY ACCEPTED BY A REVERSE VENDING MACHINE. A  violation  of  this
   32  subdivision shall be a misdemeanor punishable by a fine of not less than
   33  five  hundred  dollars  nor more than one thousand dollars and an amount
   34  equal to two times the amount of money received  as  a  result  of  such
   35  violation.
   36    4.  Any person who willfully tenders to a dealer, distributor, redemp-
   37  tion center or deposit initiator more than  forty-eight  empty  beverage
   38  containers for which such person knows or should reasonably know that no
   39  deposit  was  paid in New York state may be assessed by the department a
   40  civil penalty of up to one hundred dollars for each container or  up  to
   41  twenty-five thousand dollars for each such tender of containers. At each
   42  location  where  a person tenders containers for redemption, dealers and
   43  redemption centers must conspicuously display a sign in letters that are
   44  at least one inch in height with the  following  information:  "WARNING:
   45  Persons tendering for redemption containers on which a deposit was never
   46  paid  in  this  state  may  be  subject  to a civil penalty of up to one
   47  hundred dollars per container or up to twenty-five thousand dollars  for
   48  each  such  tender  of  containers."  Any  civil penalty may be assessed
   49  following a hearing or opportunity to be heard.
   50    5. The department, the department  of  agriculture  and  markets,  the
   51  department  of  taxation and finance and the attorney general are hereby
   52  authorized to enforce the  provisions  of  this  title  AND  ALL  MONIES
   53  COLLECTED  SHALL  BE  DEPOSITED  TO  THE  CREDIT  OF  THE  ENVIRONMENTAL
   54  PROTECTION FUND ESTABLISHED PURSUANT  TO  SECTION  NINETY-TWO-S  OF  THE
   55  STATE  FINANCE  LAW.  In  addition, the provisions of section 27-1005 of
   56  this title and subdivisions one, two, three, four, five, ten and  eleven
       S. 2608--D                         14                         A. 3008--D

    1  of section 27-1007 of this title may be enforced by a county, city, town
    2  or  village and the local legislative body thereof may adopt local laws,
    3  ordinances or regulations consistent with this title providing  for  the
    4  enforcement of such provisions.
    5    6. (A) ANY PERSON WHO WILLFULLY VIOLATES OR DIRECTS ANOTHER TO VIOLATE
    6  THE  REQUIREMENTS  TO  COLLECT  OR  CHARGE  THE  REFUND VALUE IMPOSED BY
    7  SECTION 27-1005 OR PARAGRAPH A OF SUBDIVISION NINE OF SECTION 27-1012 OF
    8  THIS TITLE ON FIVE THOUSAND OR MORE BEVERAGE CONTAINERS IN ONE  OR  MORE
    9  SEPARATE  TRANSACTIONS  WITHIN  ONE  YEAR  SHALL  BE GUILTY OF A CLASS B
   10  MISDEMEANOR.
   11    (B) ANY PERSON, HAVING PREVIOUSLY BEEN CONVICTED  OF  A  VIOLATION  OF
   12  PARAGRAPH (A) OF THIS SECTION WITHIN THE PAST THREE YEARS, WHO WILLFULLY
   13  VIOLATES  OR  DIRECTS  ANOTHER TO VIOLATE THE REQUIREMENTS TO COLLECT OR
   14  CHARGE THE REFUND VALUE IMPOSED BY SECTION 27-1005  OR  PARAGRAPH  A  OF
   15  SUBDIVISION  NINE  OF  SECTION 27-1012 OF THIS TITLE ON FIVE THOUSAND OR
   16  MORE BEVERAGE CONTAINERS IN ONE OR MORE SEPARATE TRANSACTIONS WITHIN ONE
   17  YEAR SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   18    (C) ANY PERSON WHO WILLFULLY VIOLATES OR DIRECTS  ANOTHER  TO  VIOLATE
   19  THE  REQUIREMENTS  TO  COLLECT  OR  CHARGE  THE  REFUND VALUE IMPOSED BY
   20  SECTION 27-1005 OR PARAGRAPH A OF SUBDIVISION NINE OF SECTION 27-1012 OF
   21  THIS TITLE ON TWENTY THOUSAND OR MORE BEVERAGE CONTAINERS IN ONE OR MORE
   22  SEPARATE TRANSACTIONS WITHIN ONE YEAR SHALL BE GUILTY OF A CLASS E FELO-
   23  NY.
   24    NOTHING IN THIS SUBDIVISION SHALL APPLY TO COMMON OR CONTRACT CARRIERS
   25  OR WAREHOUSEMEN WHILE ENGAGED IN LAWFULLY TRANSPORTING OR  STORING  SUCH
   26  CONTAINERS  AS MERCHANDISE, NOR TO ANY EMPLOYEE OF SUCH CARRIER OR WARE-
   27  HOUSEMAN ACTING WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT.
   28    7. A VIOLATION OF THIS TITLE, EXCEPT AS  OTHERWISE  PROVIDED  IN  THIS
   29  SECTION AND SECTION 27-1012 OF THIS TITLE, SHALL BE A PUBLIC NUISANCE.
   30    S  9. Section 27-1015 of the environmental conservation law is amended
   31  by adding a new subdivision 5-a to read as follows:
   32    5-A. THE CITY OF NEW YORK, NASSAU COUNTY AND SUFFOLK COUNTY ARE  ENTI-
   33  TLED  TO  RETAIN TWENTY-FIVE PERCENT OF ALL MONIES COLLECTED AS FINES OR
   34  PENALTIES PURSUANT TO ENFORCEMENT OF SECTION 27-1005 OF THIS CHAPTER.
   35    S 10.  Section  27-1017  of  the  environmental  conservation  law  is
   36  REPEALED.
   37    S  11.  Subdivision  3  of  section  92-s of the state finance law, as
   38  amended by section 2 of part T of chapter 59 of the  laws  of  2009,  is
   39  amended to read as follows:
   40    3.  Such  fund shall consist of the amount of revenue collected within
   41  the state from the amount of revenue, interest and  penalties  deposited
   42  pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
   43  amount of fees and penalties received from easements or leases  pursuant
   44  to  subdivision fourteen of section seventy-five of the public lands law
   45  and the money received as annual service  charges  pursuant  to  section
   46  four  hundred four-l of the vehicle and traffic law, all moneys required
   47  to be deposited therein from the contingency reserve  fund  pursuant  to
   48  section  two  hundred  ninety-four of chapter fifty-seven of the laws of
   49  nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
   50  pursuant  to  section thirteen of chapter six hundred ten of the laws of
   51  nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
   52  section  54-0511 of the environmental conservation law, all moneys to be
   53  deposited from the Northville settlement pursuant to section one hundred
   54  twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
   55  hundred  ninety-six,  provided  however,  that such moneys shall only be
   56  used for the cost of the purchase of private lands in the core  area  of
       S. 2608--D                         15                         A. 3008--D

    1  the  central  Suffolk  pine barrens pursuant to a consent order with the
    2  Northville industries signed on  October  thirteenth,  nineteen  hundred
    3  ninety-four  and  the related resource restoration and replacement plan,
    4  the  amount  of  penalties  required  to be deposited therein by section
    5  71-2724 of the environmental conservation law, all moneys required to be
    6  deposited pursuant to article thirty-three of the environmental  conser-
    7  vation  law, all fees collected pursuant to subdivision eight of section
    8  70-0117 of the environmental conservation law, [as added by a chapter of
    9  the laws of two thousand nine,] all moneys collected pursuant  to  title
   10  thirty-three  of  article fifteen of the environmental conservation law,
   11  [as added by a chapter of the laws of two thousand nine] BEGINNING  WITH
   12  THE  FISCAL  YEAR  COMMENCING ON APRIL FIRST, TWO THOUSAND THIRTEEN, AND
   13  ALL FISCAL YEARS THEREAFTER, FIFTEEN  MILLION  DOLLARS  PLUS  ALL  FUNDS
   14  RECEIVED  BY THE STATE EACH FISCAL YEAR IN EXCESS OF THE AMOUNT RECEIVED
   15  FROM APRIL FIRST, TWO THOUSAND TWELVE THROUGH  MARCH  THIRTY-FIRST,  TWO
   16  THOUSAND  THIRTEEN,  FROM THE PAYMENTS COLLECTED PURSUANT TO SUBDIVISION
   17  FOUR OF SECTION 27-1012 OF THE ENVIRONMENTAL CONSERVATION  LAW  AND  ALL
   18  FUNDS COLLECTED PURSUANT TO SECTION 27-1015 OF THE ENVIRONMENTAL CONSER-
   19  VATION  LAW,  PROVIDED  SUCH  FUNDS  SHALL NOT BE LESS THAN FOUR MILLION
   20  DOLLARS FOR THE FISCAL YEAR COMMENCING APRIL FIRST, TWO  THOUSAND  THIR-
   21  TEEN, AND NOT LESS THAN EIGHT MILLION DOLLARS FOR ALL FISCAL YEARS THER-
   22  EAFTER  and  all  other  moneys credited or transferred thereto from any
   23  other fund or source pursuant to law. All such revenue shall be initial-
   24  ly deposited into the environmental protection fund, for application  as
   25  provided in subdivision five of this section.
   26    S  12.  This  act shall take effect immediately and shall be deemed to
   27  have been in full force and effect on and after April 1, 2013; provided,
   28  however, that the amendments to subdivision 5-a of  section  27-1015  of
   29  the  environmental  conservation  law,  as added by section nine of this
   30  act, shall expire and be deemed repealed on April 1, 2015.

   31                                   PART G

   32    Section 1. Subdivisions 1 and 2 of section  27-1905  of  the  environ-
   33  mental  conservation  law, as amended by section 1 of part DD of chapter
   34  59 of the laws of 2010, are amended to read as follows:
   35    1. Until  December  thirty-first,  two  thousand  [thirteen]  SIXTEEN,
   36  accept  from  a customer, waste tires of approximately the same size and
   37  in a quantity equal to the number of new tires purchased or installed by
   38  the customer; and
   39    2. Until December thirty-first, two thousand [thirteen] SIXTEEN,  post
   40  written notice in a prominent location, which must be at least eight and
   41  one-half  inches  by  fourteen  inches in size and contain the following
   42  language:
   43    "New York State law requires us to accept and manage waste tires  from
   44  vehicles  in  exchange  for an equal number of new tires that we sell or
   45  install. Tire retailers are required to charge a separate  and  distinct
   46  waste tire management and recycling fee of $2.50 for each new tire sold.
   47    The retailers in addition are authorized, at their sole discretion, to
   48  pass  on  waste  tire management and recycling costs to tire purchasers.
   49  Such costs may be included as part of the advertised price  of  the  new
   50  tire,  or  charged  as  a  separate  per-tire charge in an amount not to
   51  exceed $2.50 on each new tire sold."
   52    The written notice shall also contain one of the following  statements
   53  at  the  end  of  the aforementioned language and as part of the notice,
   54  which shall accurately indicate the manner in  which  the  tire  service
       S. 2608--D                         16                         A. 3008--D

    1  charges for waste tire management and recycling costs, and the amount of
    2  any charges that are separately invoiced for such costs:
    3    "Our  waste  tire  management  and recycling costs are included in the
    4  advertised price of each new tire.", or
    5    "We charge a separate per-tire charge of $____ on each new  tire  sold
    6  that  will  be listed on your invoice to cover our waste tire management
    7  and recycling costs."
    8    S 2. Subdivisions 1, 2 and 3 and paragraph (a)  of  subdivision  6  of
    9  section  27-1913  of  the  environmental conservation law, as amended by
   10  section 2 of part E1 of chapter 63 of the laws of 2003 and  subdivisions
   11  1, 2, the opening paragraph of subdivision 3 and paragraph (a) of subdi-
   12  vision 6 as amended by section 4 of part DD of chapter 59 of the laws of
   13  2010, are amended to read as follows:
   14    1.  Until  December  thirty-first,  two thousand [thirteen] SIXTEEN, a
   15  waste tire management and recycling fee of two dollars and  fifty  cents
   16  shall  be  charged  on  each new tire sold. The fee shall be paid by the
   17  purchaser to the tire service at the time the  new  tire  or  new  motor
   18  vehicle is purchased.
   19    The waste tire management and recycling fee does not apply to:
   20    (a) recapped or resold tires;
   21    (b) mail-order sales; or
   22    (c)  the  sale  of  new motor vehicle tires to a person solely for the
   23  purpose of resale provided the subsequent retail sale in this  state  is
   24  subject to such fee.
   25    2.  Until  December thirty-first, two thousand [thirteen] SIXTEEN, the
   26  tire service shall collect the waste tire management and  recycling  fee
   27  from  the  purchaser at the time of the sale and shall remit such fee to
   28  the department of taxation and finance with the quarterly  report  filed
   29  pursuant to subdivision three of this section.
   30    (a)  The  fee  imposed shall be stated as an invoice item separate and
   31  distinct from the selling price of the tire.
   32    (b) The tire service shall be entitled to retain an allowance of twen-
   33  ty-five cents per tire from fees collected.
   34    3. Until March thirty-first, two thousand [fourteen]  SEVENTEEN,  each
   35  tire  service maintaining a place of business in this state shall make a
   36  return to the department of taxation and finance on a  quarterly  basis,
   37  with  the  return  for  December,  January, and February being due on or
   38  before the immediately following  March  thirty-first;  the  return  for
   39  March,  April,  and May being due on or before the immediately following
   40  June thirtieth; the return for June, July, and August being  due  on  or
   41  before the immediately following September thirtieth; and the return for
   42  September,  October, and November being due on or before the immediately
   43  following December thirty-first.
   44    (a) Each return shall include:
   45    (i) the name of the tire service;
   46    (ii) the address of the tire service's principal place of business and
   47  the address of the principal place of business (if that is  a  different
   48  address)  from  which the tire service engages in the business of making
   49  retail sales of tires;
   50    (iii) the name and signature of the person preparing the return;
   51    (iv) the total number of new tires sold at retail  for  the  preceding
   52  quarter and the total number of new tires placed on motor vehicles prior
   53  to original retail sale;
   54    (v) the amount of waste tire management and recycling fees due; and
   55    (vi)  such  other reasonable information as the department of taxation
   56  and finance may require.
       S. 2608--D                         17                         A. 3008--D

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

   21                                   PART H

   22    Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
   23  New York state urban development corporation act, relating to the powers
   24  of New York state  urban  development  corporation  to  make  loans,  as
   25  amended  by  section  1  of part R of chapter 58 of the laws of 2012, is
   26  amended to read as follows:
   27    S 2. This act shall take effect immediately  provided,  however,  that
   28  section  one  of  this act shall expire on July 1, [2013] 2014, at which
   29  time the provisions of subdivision 26 of section 5 of the New York state
   30  urban development corporation act shall be  deemed  repealed;  provided,
   31  however,  that neither the expiration nor the repeal of such subdivision
   32  as provided for herein shall be deemed to affect or impair in any manner
   33  any loan made pursuant to the authority of  such  subdivision  prior  to
   34  such expiration and repeal.
   35    S  2.  This  act  shall take effect immediately and shall be deemed to
   36  have been in full force and effect on and after April 1, 2013.

   37                                   PART I

   38    Section 1. Section 2 of part BB of chapter 58 of  the  laws  of  2012,
   39  amending the public authorities law relating to authorizing the dormito-
   40  ry  authority  to  enter into certain design and construction management
   41  agreements, is amended to read as follows:
   42    S 2. This act shall take effect immediately and shall  expire  and  be
   43  deemed repealed April 1, [2013] 2014.
   44    S  2.  Within 90 days of the effective date of this act, the dormitory
   45  authority of the state of New York  shall  provide  a  report  providing
   46  information  regarding  any  project undertaken pursuant to a design and
   47  construction management agreement, as authorized by part BB  of  chapter
   48  58  of the laws of 2012, between the dormitory authority of the state of
   49  New York and the department of  environmental  conservation  and/or  the
   50  office  of  parks, recreation and historic preservation to the governor,
   51  the temporary president of the senate and speaker of the assembly.  Such
   52  report  shall  include  but not be limited to a description of each such
       S. 2608--D                         18                         A. 3008--D

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

   11                                   PART J
   12                            Intentionally omitted

   13                                   PART K

   14    Section 1. Notwithstanding any law to the contrary, the comptroller is
   15  hereby authorized and directed to receive for deposit to the  credit  of
   16  the  general  fund  the amount of up to $913,000 from the New York state
   17  energy research and development authority.
   18    S 2. This act shall take effect immediately and  shall  be  deemed  to
   19  have been in full force and effect on and after April 1, 2013.

   20                                   PART L

   21    Section  1.  Expenditures  of  moneys appropriated in a chapter of the
   22  laws of 2013 to the energy research and development authority, under the
   23  research, development and demonstration program, from the special reven-
   24  ue funds - other/state operations, miscellaneous special revenue fund  -
   25  339,  energy  research and planning account, and special revenue funds -
   26  other/aid to localities, miscellaneous special revenue fund - 339, ener-
   27  gy research and planning account shall be subject to the  provisions  of
   28  this  section.  Notwithstanding  the  provisions  of  subdivision 4-a of
   29  section 18-a of the public service law, all moneys committed or expended
   30  shall be reimbursed by assessment against gas corporations and  electric
   31  corporations  as defined in section 2 of the public service law, and the
   32  total amount which may be charged to any gas corporation and  any  elec-
   33  tric  corporation  shall not exceed one cent per one thousand cubic feet
   34  of gas sold and .010 cent per kilowatt-hour of electricity sold by  such
   35  corporations  in  their  intrastate  utility operations in calendar year
   36  2011. Such  amounts  shall  be  excluded  from  the  general  assessment
   37  provisions  of  subdivision 2 of section 18-a of the public service law,
   38  but shall be billed and paid in the manner set forth in such subdivision
   39  and upon receipt shall be paid to the state comptroller for  deposit  in
   40  the state treasury for credit to the miscellaneous special revenue fund.
   41  The  director  of  the  budget shall not issue a certificate of approval
   42  with respect to the commitment and expenditure of moneys  hereby  appro-
   43  priated  until the chair of such authority shall have submitted, and the
   44  director of the budget shall have approved,  a  comprehensive  financial
   45  plan  encompassing  all  moneys available to and all anticipated commit-
   46  ments and expenditures by such authority from any source for  the  oper-
   47  ations of such authority. Copies of the approved comprehensive financial
   48  plan shall be immediately submitted by the director of the budget to the
   49  chairs and secretaries of the legislative fiscal committees.
       S. 2608--D                         19                         A. 3008--D

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

    3                                   PART M

    4    Section  1.  Notwithstanding  any other law, rule or regulation to the
    5  contrary, expenses of the department of health public service  education
    6  program  incurred  pursuant  to appropriations from the cable television
    7  account of the state miscellaneous special revenue funds shall be deemed
    8  expenses of the department of public service.
    9    S 2. This act shall take effect immediately and  shall  be  deemed  to
   10  have been in full force and effect on and after April 1, 2013.

   11                                   PART N
   12                            Intentionally omitted

   13                                   PART O
   14                            Intentionally omitted

   15                                   PART P

   16    Section  1.  Section 2 of chapter 21 of the laws of 2003, amending the
   17  executive law relating to permitting the secretary of state  to  provide
   18  special  handling  for  all documents filed or issued by the division of
   19  corporations and to permit additional levels of such expedited  service,
   20  as  amended by section 1 of part L of chapter 60 of the laws of 2011, is
   21  amended to read as follows:
   22    S 2. This act shall take effect immediately,  provided  however,  that
   23  section  one  of this act shall be deemed to have been in full force and
   24  effect on and after April 1, 2003 and  shall  expire  March  31,  [2013]
   25  2014.
   26    S  2.  This  act  shall take effect immediately and shall be deemed to
   27  have been in full force and effect on and after March 31, 2013.

   28                                   PART Q
   29                            Intentionally omitted

   30                                   PART R

   31    Section 1. Subdivision 1  of  section  11-0701  of  the  environmental
   32  conservation  law  is REPEALED and subdivision 12 is renumbered subdivi-
   33  sion 1.
   34    S 1-a.  Section 11-0701 of the environmental conservation law,  subdi-
   35  visions  1,  3  and  11  as  amended by chapter 344 of the laws of 2008,
   36  subdivision 1 as renumbered by section one of this act, paragraph  a  of
   37  subdivision  2  as amended and subdivision 7-a as added by chapter 57 of
   38  the laws of 1993, subparagraph 1 of paragraph  a  of  subdivision  2  as
   39  added  by  section 5, paragraph b of subdivision 2 as amended by section
   40  6, subdivision 5 as amended by section 10, subdivision 6 as  amended  by
   41  section  11, subdivision 8 as amended by section 12, subdivisions 13, 14
   42  and 15 as amended by section 16 and subdivision 17 as added  by  section
   43  17  of part F of chapter 82 of the laws of 2002, paragraph c of subdivi-
   44  sion 2 as amended by chapter 25 of the laws of 2011, subdivisions 4  and
       S. 2608--D                         20                         A. 3008--D

    1  16  as  amended by section 1 of part LL and paragraph c of subdivision 5
    2  as added by section 1 of part KK of chapter 59  of  the  laws  of  2009,
    3  subdivision  9-a as added by chapter 237 of the laws of 1993, and subdi-
    4  vision 10 as amended by chapter 57 of the laws of 1993 and as renumbered
    5  by chapter 470 of the laws of 1994, is amended to read as follows:
    6  S 11-0701. Definitions of licenses and privileges of licensees.
    7    1. A [junior] hunting license:
    8    a.  entitles  a  holder who is twelve or thirteen years of age to hunt
    9  wildlife, except big game, as  provided  in  title  9  of  this  article
   10  subject,  specifically,  to  the  provisions  of section 11-0929 of this
   11  article. It entitles such holder to  possess  firearms  as  provided  in
   12  section 265.05 of the penal law.
   13    b.  entitles  a holder who is fourteen or fifteen years of age to hunt
   14  wildlife, including wild deer and bear, as provided in title 9  of  this
   15  article,  subject, specifically, to the provisions of section 11-0929 of
   16  this article. It entitles such holder to possess firearms as provided in
   17  section 265.05 of the penal law.
   18    2. a. [(1)] A [small and big game] HUNTING license entitles the [resi-
   19  dent] holder to hunt wildlife subject to the following:
   20    [(i)] (1) a holder who is eighteen years of  age  or  older  may  hunt
   21  wildlife as provided in title 9 of this article,
   22    [(ii)]  (2)  a  holder  who  is sixteen years of age or older may hunt
   23  wildlife, except big game, as provided in title 9 of this article, and
   24    [(iii)] (3) a holder who is between the ages of sixteen  and  eighteen
   25  may  hunt big game pursuant to the provisions of title 9 of this article
   26  while the holder is accompanied by a parent, guardian or person over the
   27  age of eighteen as required by section 11-0929 of this article.
   28    A holder may take fish with a [gun or] longbow as provided in titles 9
   29  and 13 of this article.
   30    [(2) A non-resident big game license entitles a  person  who  has  not
   31  been a resident of the state for more than thirty days to hunt wild deer
   32  as  provided in title 9. It entitles such person to hunt bear during the
   33  regular open bear season or in an open season fixed by regulation pursu-
   34  ant to subdivision eight of section 11-0903  of  this  article  if  such
   35  person  is  also  the  holder  of a non-resident bear tag. It entitles a
   36  person who is between the ages of sixteen and eighteen years to exercise
   37  the privileges of a big  game  license  subject  to  the  provisions  of
   38  section 11-0929.]
   39    b.  A  special antlerless deer license is applicable to the hunting of
   40  wild antlerless deer in a special open season fixed pursuant to subdivi-
   41  sion 6 of section 11-0903 of this article in a tract within a Wilderness
   42  Hunting Area and entitles the holder of a HUNTING license [which author-
   43  izes the holder to hunt big  game]  to  hunt  antlerless  deer  in  such
   44  special open season, as provided in title 9 of this article if he OR SHE
   45  has  on  his  OR  HER  person  while  so hunting both his OR HER HUNTING
   46  license [which authorizes the holder to hunt big game] and  his  OR  HER
   47  special antlerless deer license.
   48    [c.]  3. A [junior archery license] BOWHUNTING PRIVILEGE WHEN INCLUDED
   49  ON A HUNTING LICENSE entitles a [resident] holder:
   50    (1) who is between the ages of twelve and sixteen years to  hunt  wild
   51  deer  and  bear  with  a  longbow  during the special archery season and
   52  during the regular season, as provided in title 9 of this  article,  [as
   53  if  such  person  held a license which authorizes the holder to hunt big
   54  game with a bowhunting stamp affixed,]  subject  to  the  provisions  of
   55  section  11-0929  and subdivision 3 of section 11-0713 of this article[.
   56  It entitles a non-resident holder who is between the ages of twelve  and
       S. 2608--D                         21                         A. 3008--D

    1  sixteen  years  to  hunt  wild  deer  and bear with a longbow during the
    2  special archery season and during the regular  season,  as  provided  in
    3  title  9 of this article, as if such person held a non-resident bowhunt-
    4  ing  license, a non-resident license which authorizes the holder to hunt
    5  deer and a non-resident bear tag, subject to the provisions  of  section
    6  11-0929 and subdivision 3 of section 11-0713 of this article.
    7    3. A bowhunting stamp when affixed to a resident license which author-
    8  izes the holder to hunt big game entitles a holder];
    9    (2)  who  is eighteen years of age or older to hunt wild deer and bear
   10  with a longbow, as provided in title 9 of this  article,  in  a  special
   11  longbow season[, and it entitles a holder]; AND
   12    (3)  who  is  sixteen  or  seventeen years of age to exercise the same
   13  privileges subject to the provisions of section 11-0929 and  subdivision
   14  3 of section 11-0713 of this article.
   15    4.  A  fishing  license  entitles  the holder to take fish by angling,
   16  spearing, hooking, longbow and tipups, to take frogs by spearing, catch-
   17  ing with the hands or by use of a club or hook, and to  take  bait  fish
   18  for personal use, as provided in titles 9 and 13 of this article, except
   19  that such license shall not entitle the holder to take migratory fish of
   20  the sea or to take fish from the waters of the marine district.
   21    [5.  a.  A  combined  resident  fishing and small and big game license
   22  hereinafter in this article referred to as a sportsman license, entitles
   23  the holder to the privileges the holder would have if  the  holder  held
   24  separately a fishing license and a small and big game license.
   25    b.  A  combined  resident  fishing, small and big game, bowhunting and
   26  muzzle-loading license, hereinafter in this article  referred  to  as  a
   27  resident  super-sportsman license, entitles the holder to the privileges
   28  the holder would have if the holder held separately a fishing license, a
   29  small and big game license, a bowhunting stamp, a muzzle-loading  stamp,
   30  and a turkey permit.
   31    c.  A  combined  resident  fishing, small and big game, muzzle-loading
   32  stamp and trapping license, hereinafter in this article referred to as a
   33  resident trapper super-sportsman license, entitles  the  holder  to  the
   34  privileges the holder would have if the holder held separately a fishing
   35  license,  a  small and big game license, a muzzle-loading stamp, a trap-
   36  ping license, and a turkey permit.
   37    6. A free sportsman license entitles the holder to the privileges  the
   38  holder  would  have  if  the holder held separately a small and big game
   39  license and a fishing license.
   40    7-a.] 5. A non-resident bear tag entitles a person who has not been  a
   41  resident  of  the  state  for more than thirty days who also possesses a
   42  [non-resident big game] HUNTING license to hunt bear during the  regular
   43  open  season  therefor or in an open season fixed by regulation pursuant
   44  to subdivision eight of section 11-0903 of this article. It  entitles  a
   45  NON-RESIDENT  holder who also possesses a [non-resident] HUNTING LICENSE
   46  WITH bowhunting [license] PRIVILEGE to hunt bear with a  longbow  during
   47  the  open  bear  season.  It  entitles  a  NON-RESIDENT  holder who also
   48  possesses a [non-resident] HUNTING LICENSE WITH muzzle-loading [license]
   49  PRIVILEGE to hunt bear with a muzzleloader during the open bear season.
   50    [8.] 6. A seven-day fishing license entitles the  holder  to  exercise
   51  the privileges of a fishing license for the seven consecutive days spec-
   52  ified in the license.
   53    [9-a.]  7. A one-day fishing license entitles the [resident or non-re-
   54  sident] holder to exercise the privileges of a fishing  license  on  the
   55  day specified on the license.
       S. 2608--D                         22                         A. 3008--D

    1    [10.] 8. A trapping license entitles the holder to trap beaver, otter,
    2  fisher,  mink,  muskrat,  skunk,  raccoon, bobcat, coyote, fox, opossum,
    3  weasel, pine marten and unprotected wildlife except birds,  as  provided
    4  in  title  11,  subject  to the provisions of [subdivision 6 of] section
    5  11-0713 of this article.
    6    [11.] 9. A muzzle-loading [stamp] PRIVILEGE when [affixed to] INCLUDED
    7  ON a [resident] HUNTING license [which authorizes the holder to hunt big
    8  game]  entitles  a  holder who is fourteen years of age or older to hunt
    9  wild deer and bear with a muzzle-loading firearm, as provided in title 9
   10  of this article, in a special muzzle-loading firearm season.
   11    [13. A non-resident bowhunting license entitles a person who  has  not
   12  been a resident of the state for more than thirty days to hunt wild deer
   13  with  a  longbow  in  a special longbow season as provided in title 9 of
   14  this article and, when accompanied by a non-resident bear tag,  entitles
   15  the holder to hunt bear with a longbow during the open bear season.
   16    14.  A  non-resident  muzzle-loading license entitles a person who has
   17  not been a resident of the state for more than thirty days to hunt  wild
   18  deer with a muzzle-loading firearm in a special muzzle-loading season as
   19  provided in title 9 of this article and, when accompanied by a non-resi-
   20  dent  bear  tag,  entitles  the  holder to hunt bear with a muzzleloader
   21  during the open bear season.
   22    15. A non-resident combined hunting, fishing, big game, bowhunting and
   23  muzzle-loading license, hereinafter in this article  referred  to  as  a
   24  non-resident super-sportsman license, entitles a person who has not been
   25  a resident of the state for more than thirty days to the privileges that
   26  the holder would have if the holder held separately a non-resident hunt-
   27  ing  license,  a  non-resident  fishing license, a non-resident big game
   28  license, a non-resident bowhunting license, a non-resident  muzzle-load-
   29  ing license and a non-resident turkey permit.
   30    16.  A conservation legacy license entitles the holder to fish, except
   31  for migratory fish of the sea or from the waters of the marine district,
   32  hunt wildlife, hunt big game with a longbow and a muzzle-loading firearm
   33  during special seasons therefor, hunt turkey, enjoy the  benefits  of  a
   34  voluntary habitat stamp and receive the "New York State Conservationist"
   35  magazine  as  if  the  holder of such license held separately a resident
   36  super-sportsman license, a voluntary habitat stamp and a subscription to
   37  the "New York State Conservationist" magazine.
   38    17. A conservation patron license entitles the holder to the  benefits
   39  of  a  voluntary  habitat  stamp  and  a subscription to "New York State
   40  Conservationist" magazine as if the holder of such  license  held  sepa-
   41  rately  a  voluntary  habitat  stamp and a subscription to the "New York
   42  State Conservationist" magazine.]
   43    S 2. Subdivisions 2, 4, 5 and 6 of section  11-0703  of  the  environ-
   44  mental  conservation law, subdivision 2 as amended by chapter 507 of the
   45  laws of 2010, subdivision 4 as amended by section 21 and paragraph a  of
   46  subdivision  5  as  amended by section 22 of part F of chapter 82 of the
   47  laws of 2002, paragraph b of subdivision 4 as amended by chapter 178  of
   48  the  laws of 2011, paragraphs d and e of subdivision 4 and subdivision 6
   49  as amended by chapter 344 of the laws of 2008, subdivision 5 as  amended
   50  by  chapter  450 of the laws of 1991 and paragraph d of subdivision 5 as
   51  relettered by chapter 470 of the laws of 1994, are amended  to  read  as
   52  follows:
   53    2.  Except  as  provided in section 11-0704 of this title, no license,
   54  permit, tag or [stamp] PRIVILEGE is transferable. No person shall alter,
   55  change, lend to another or attempt to transfer to another any license or
   56  any [button,] permit, tag or  [stamp]  PRIVILEGE  issued  therewith.  No
       S. 2608--D                         23                         A. 3008--D

    1  person, while hunting, shall possess a license, [button,] permit, tag or
    2  [stamp]  PRIVILEGE  which  was  issued to another person unless actually
    3  accompanied by the person to whom such license, [button,] permit, tag or
    4  [stamp]  PRIVILEGE  was issued. No person shall purchase, possess or use
    5  more than one [junior archery, junior hunting, small and big  game,  big
    6  game, bowhunting, muzzle-loading, sportsman, or resident super-sportsman
    7  license  or  stamp,  non-resident  bowhunting or muzzle-loading license,
    8  non-resident super-sportsman license,  non-resident  bear  tag]  HUNTING
    9  LICENSE,  TRAPPING  LICENSE, BOWHUNTING PRIVILEGE, MUZZLE-LOADING PRIVI-
   10  LEGE or special permit for the current license year, except as permitted
   11  by  regulation  of  the  department.  Notwithstanding  the  prohibitions
   12  contained  in  this subdivision, the department may authorize by rule or
   13  regulation the transfer of deer management permits, issued  pursuant  to
   14  section  11-0913  of  this  article, to any person licensed to hunt deer
   15  pursuant to this title.
   16    4. a. Non-resident [fishing, non-resident  super-sportsman,  non-resi-
   17  dent bowhunting or muzzle-loading, or non-resident trapping licenses, or
   18  non-resident]  bear  tags are issuable only to non-residents and persons
   19  who have been residents for less than thirty days immediately  preceding
   20  the date of application.
   21    b.  [A  person  under  the age of fourteen years is ineligible for any
   22  license, other than a junior archery license, which authorizes the hold-
   23  er to hunt big game. A person under the age of sixteen years is ineligi-
   24  ble for a small and big game,  sportsman  or  resident  super-sportsman,
   25  non-resident   super-sportsman,   non-resident  big  game,  non-resident
   26  bowhunting license, or bowhunting stamp.] A person is ineligible  for  a
   27  [small  game, small and big game, junior hunting, big game, junior arch-
   28  ery, sportsman and resident super-sportsman, non-resident  super-sports-
   29  man,  or  non-resident]  HUNTING  LICENSE,  TRAPPING LICENSE, bowhunting
   30  PRIVILEGE or muzzle-loading [license] PRIVILEGE unless such person meets
   31  the requirements of subdivision 3 of section 11-0713 of this title.
   32    c.  Only the following persons are eligible  for  resident  [licenses]
   33  FEES:  (1)  persons who have been residents in the state for [more than]
   34  thirty days immediately [preceding] PRIOR TO the date of application for
   35  the licenses, or who are enrolled [in a] AS full-time [course]  STUDENTS
   36  at  a college or university within the state and who are in residence in
   37  the state for the school year, or  who  are  out  of  state  or  foreign
   38  exchange  high  school  students  enrolled  [in a] AS full-time [course]
   39  STUDENTS in a high school within the state and who are in  residence  in
   40  the  state  for  the school year; (2) Indian residents or members of the
   41  six nations residing on any reservation  wholly  or  partly  within  the
   42  state;  AND  (3)  members  of  the  United States armed forces in active
   43  service, stationed in this state, regardless of the place  of  residence
   44  at the time of entry into the service[; and (4) persons privileged under
   45  subdivision 5 of section 11-0707 of this article to take wildlife, other
   46  than deer and bear, as if they held hunting licenses].
   47    d.   Only persons who possess a [small and big game] HUNTING license[,
   48  the big game license portion of the free sportsman, a sportsman  license
   49  or resident super-sportsman license] are eligible for a bowhunting PRIV-
   50  ILEGE or muzzle-loading [stamp, except that the holder of a junior hunt-
   51  ing  license,  who is a resident and who is at least fourteen years old,
   52  is eligible for a muzzle-loading stamp] PRIVILEGE.
   53    e. A person under the age of twelve years is ineligible for a [junior]
   54  hunting license.
   55    5. a. One-day and seven-day fishing licenses expire on the date stated
   56  on them.
       S. 2608--D                         24                         A. 3008--D

    1    b. A fishing license issued without charge to a resident  as  formerly
    2  provided in subdivision 2 of section 11-0715, shall remain effective for
    3  the life of the licensee.
    4    c.  A  special antlerless deer license is effective during the special
    5  open season for which it is issued.
    6    d. All other licenses  and  [stamps]  PRIVILEGES  defined  in  section
    7  11-0701 are effective for a license year beginning [October] SEPTEMBER 1
    8  and  ending  [September  30]  AUGUST  31;  PROVIDED,  HOWEVER, A FISHING
    9  LICENSE SHALL REMAIN EFFECTIVE ONE YEAR FROM THE DATE ON  WHICH  IT  WAS
   10  ISSUED.
   11    6.  a.  Except  as  provided in section 11-0707 and section 11-0709 of
   12  this title, no person shall (1) hunt wildlife[, other than deer or bear,
   13  or take fish with a gun,] unless such person holds and  is  entitled  to
   14  exercise  the privileges of a [small game, junior hunting, small and big
   15  game, free sportsman, sportsman or resident super-sportsman, or  non-re-
   16  sident  super-sportsman]  HUNTING license; (2) hunt antlerless deer in a
   17  special open season  therefor  pursuant  to  subdivision  6  of  section
   18  11-0903  of  this  article  unless  such person holds and is entitled to
   19  exercise the privileges of and has on his or her person while so hunting
   20  a [small and big game, big game, junior archery, free sportsman, junior]
   21  hunting [if the licensee is at  least  fourteen  years  old,  sportsman,
   22  resident  super-sportsman, non-resident super-sportsman or non-resident]
   23  LICENSE, bowhunting PRIVILEGE or muzzle-loading [license] PRIVILEGE, and
   24  a special antlerless deer license; (3) take fish or frogs in the  manner
   25  described  in subdivision 4 of section 11-0701 of this title unless such
   26  person is entitled to exercise the privileges of a fishing license;  (4)
   27  trap wildlife unless such person holds a trapping license.
   28    b.  Except  as provided in section 11-0707 and section 11-0709 of this
   29  title, no [resident] PERSON shall (1) hunt wild deer or bear unless such
   30  person holds and is entitled to exercise the privileges of a [small  and
   31  big  game,  junior  archery,  junior hunting if the licensee is at least
   32  fourteen years old, free sportsman, sportsman, or resident super-sports-
   33  man] HUNTING license, and meets the requirements of  this  article;  (2)
   34  hunt wild deer or bear with a longbow in a special longbow season unless
   35  such person holds and is entitled to exercise the privileges of a [small
   36  and  big  game,  junior  archery, free sportsman, sportsman, or resident
   37  super-sportsman] HUNTING license with a bowhunting [stamp affixed] PRIV-
   38  ILEGE and meets the requirements of this article; or (3) hunt wild  deer
   39  or  bear  with  a  muzzle-loading  firearm  in  a special muzzle-loading
   40  firearm season unless such person IS AT LEAST  FOURTEEN  YEARS  OLD  AND
   41  holds  a  [small and big game, free sportsman, sportsman, junior hunting
   42  if the licensee is at least  fourteen  years  old,  or  resident  super-
   43  sportsman]  HUNTING license with a muzzle-loading [stamp affixed] PRIVI-
   44  LEGE and meets the requirements of this article.
   45    c. [Except as provided in section 11-0707 and section 11-0709 of  this
   46  title,  no] NO non-resident shall [(1) hunt wild deer unless such person
   47  holds and is entitled to exercise the privileges of a big  game,  junior
   48  archery,  junior hunting if the licensee is at least fourteen years old,
   49  non-resident super-sportsman, or non-resident bowhunting or muzzle-load-
   50  ing license; (2) hunt wild deer with a  longbow  in  a  special  longbow
   51  season  unless  such person holds and is entitled to exercise the privi-
   52  leges of a non-resident  super-sportsman,  non-resident  bowhunting,  or
   53  junior archery license; (3) hunt wild deer with a muzzle-loading firearm
   54  in  a  special  muzzle-loading firearm season unless such person holds a
   55  non-resident super-sportsman  or  non-resident  muzzle-loading  license;
   56  (4)]  hunt wild bear unless such person holds a [junior] hunting license
       S. 2608--D                         25                         A. 3008--D

    1  [if the licensee is at  least  fourteen  years  old,  a  junior  archery
    2  license, or] AND a non-resident bear tag [in combination with one of the
    3  non-resident  deer  licenses  listed  in  subparagraph 1, 2 or 3 of this
    4  paragraph] AND MEETS THE REQUIREMENTS OF THIS ARTICLE.
    5    S  3.  The opening paragraph of paragraph a of subdivision 1, subdivi-
    6  sion 2, subdivision 3 and paragraphs a and b of subdivision 4 of section
    7  11-0713 of the environmental conservation law, the opening paragraph  of
    8  paragraph a of subdivision 1 as amended by section 3 of part AA of chap-
    9  ter  60  of  the laws of 2011, subdivision 2 as amended by chapter 25 of
   10  the laws of 2011, subdivision 3 as amended by chapter 450 of the laws of
   11  1991, paragraphs a, b and d of subdivision 3 as amended by section 27 of
   12  part F of chapter 82 of the laws of 2002, paragraph c of  subdivision  3
   13  as  amended  by  chapter  344  of  the laws of 2008, such subdivision as
   14  renumbered by section 5 of part D of chapter 61 of the laws of 2000  and
   15  paragraphs  a  and b of subdivision 4 as amended by section 28 of part F
   16  of chapter 82 of the laws of 2002, are amended to read as follows:
   17    All licenses, [stamps] BOWHUNTING  PRIVILEGES,  MUZZLE-LOADING  PRIVI-
   18  LEGES,  tags, [buttons,] permits, registrations, and permit applications
   19  authorized by this title or section 13-0355 of  this  chapter,  and  any
   20  additional privileges authorized by the department shall be issued by:
   21    2.  The issuing officer shall not issue a [junior archery license to a
   22  person between the ages of twelve  and  sixteen  or  a  junior]  hunting
   23  license  OR BOWHUNTING PRIVILEGE OR MUZZLE-LOADING PRIVILEGE to a person
   24  between the ages of twelve and sixteen years  unless,  at  the  time  of
   25  issuance,  THE  applicant  is  accompanied by his or her parent or legal
   26  guardian who shall consent to the issuance of the license and  shall  so
   27  signify  by  signing his or her name in ink across the face of it. At no
   28  time shall such licenses be issued by mail to persons between  the  ages
   29  of twelve and sixteen years.
   30    3. a. Subject to the provisions of [paragraphs] PARAGRAPH b [and c] of
   31  this subdivision, the issuing officer shall not issue a license, [stamp]
   32  PRIVILEGE, tag, [button,] permit, or permit application which authorizes
   33  the  holder  to  hunt  wildlife,  to  any  person  unless  the applicant
   34  presents:
   35    (1) a license which authorizes the holder to hunt wildlife  issued  to
   36  him previously; or
   37    (2) an affidavit from a license issuing officer stating that applicant
   38  previously has been issued a license which authorizes the holder to hunt
   39  wildlife; or
   40    (3) a certificate of qualification in responsible hunting, responsible
   41  bowhunting  and responsible trapping practices, including safety, ethics
   42  and landowner-hunter relations, issued or  honored  by  the  department,
   43  pursuant to this subdivision.
   44    b.  (1)  The issuing officer shall not issue a [license or stamp which
   45  authorizes the holder to exercise the] BOW HUNTING privilege [of hunting
   46  big game with a longbow] to any person unless the applicant  presents  a
   47  HUNTING LICENSE ISSUED TO THAT PERSON FOR THE CORRESPONDING LICENSE YEAR
   48  AND  A  New York state license [or stamp] which authorizes the holder to
   49  exercise the privilege of hunting [big game] with a  longbow  issued  in
   50  1980 or later, an affidavit as provided in subparagraph 2 of paragraph a
   51  of  this  subdivision  or  a certificate of qualification in responsible
   52  bowhunting practices issued or honored by the department.
   53    (2) The issuing officer shall not issue  a  trapping  license  to  any
   54  person unless the applicant presents a trapping license issued to him OR
   55  HER  previously, an affidavit as provided in subparagraph 2 of paragraph
       S. 2608--D                         26                         A. 3008--D

    1  a of this subdivision or a certificate of qualification  in  responsible
    2  trapping practices.
    3    [c.]  (3)  The issuing officer shall not issue a [bowhunting stamp or]
    4  muzzle-loading [stamp] PRIVILEGE to any  [resident]  PERSON  unless  the
    5  applicant  presents  a [junior] hunting license [if the licensee] ISSUED
    6  TO THAT PERSON FOR THE CORRESPONDING LICENSE YEAR AND SUCH PERSON is  at
    7  least  fourteen  years old[, or a small and big game, free sportsman, or
    8  sportsman or resident super-sportsman license issued to that person  for
    9  the corresponding license year].
   10    [d.]  C.  Certifications  of  qualification  in  responsible  hunting,
   11  responsible bowhunting and responsible trapping practices may be made by
   12  duly  qualified  and  designated  persons,   whose   fitness   to   give
   13  instructions  in  said  practices has been determined by an agent of the
   14  department. The department may designate any person it  deems  qualified
   15  to  act  as  its  agent  in  the giving of instruction and the making of
   16  certification. No charge shall be made for any certificate  or  instruc-
   17  tion  given  to  a  person  to qualify him or her to obtain a license or
   18  [stamp] PRIVILEGE other  than  for  certain  instruction  and  materials
   19  accredited  by  the department to provide preparation for final instruc-
   20  tion and testing by agents of the department or for  replacement  educa-
   21  tion  certificates  for a commission of one dollar to the issuing agent.
   22  The department shall make available to the public courses without charge
   23  which do not require additional preparation at the expense of  students,
   24  and  may  also offer optional courses which require preparatory instruc-
   25  tion which may be at the expense of the student. The department may make
   26  rules and regulations which in its opinion effectuate better the purpose
   27  of this subdivision.
   28    a. A person who has  lost  or  accidentally  destroyed  a  license  or
   29  [stamp]  PRIVILEGE  authorizing  the  holder  to hunt, fish, or trap may
   30  apply to the officer who issued it for a certificate  in  lieu  thereof.
   31  Such  officer  shall issue a certificate stating the name and address of
   32  the applicant, the type of license issued and the fee, if any, paid  for
   33  it.  Applications  and certificates furnished by the department shall be
   34  used for this purpose.
   35    b. A person who has lost or accidentally destroyed a [button  or]  tag
   36  issued with such a license or [stamp] PRIVILEGE may apply to any license
   37  issuing  officer for a duplicate and the department shall issue a dupli-
   38  cate [button or] tag when satisfied that the application is made in good
   39  faith.  [A duplicate free sportsman tag shall be issued free of charge.]
   40    S 4. Subdivisions 1 and 2, and the opening paragraph of subdivision  3
   41  of  section 11-0715 of the environmental conservation law, subdivision 2
   42  as amended by section 3 and the opening paragraph of  subdivision  3  as
   43  amended  by  section 4 of part KK of chapter 59 of the laws of 2009, are
   44  amended to read as follows:
   45    1. When any license or [stamp] PRIVILEGE listed  in  this  section  is
   46  issued  by  the  department or an officer or employee of the department,
   47  the license fee is the amount specified in this section plus the amount,
   48  if any, specified as a fee to the issuing clerk.
   49    2. A member of the Shinnecock tribe  or  the  Poospatuck  tribe  or  a
   50  member  of the six nations, residing on any reservation wholly or partly
   51  within the state, is entitled  to  receive  free  of  charge  a  fishing
   52  license,  a [small and big game license, a sportsman] HUNTING license, a
   53  muzzle-loading [stamp] PRIVILEGE, a trapping license, and a [bow hunting
   54  stamp] BOWHUNTING PRIVILEGE; a resident of the state who is a member  of
   55  the  United  States  armed forces in active service who is not stationed
   56  within the state and has not been herein  longer  than  thirty  days  on
       S. 2608--D                         27                         A. 3008--D

    1  leave  or  furlough,  is  entitled  to  receive free of charge a fishing
    2  license, a [small and big game] HUNTING license, and a trapping license;
    3  a resident of the state who is an active member of the organized militia
    4  of  the state of New York as defined by section one of the military law,
    5  or the reserve components of the armed forces of the United States,  and
    6  excluding  members  of  the inactive national guard and individual ready
    7  reserve, is entitled to receive free of  charge  a  fishing  license,  a
    8  [small  and  big  game]  HUNTING  license, and a trapping license; and a
    9  resident who is blind is entitled to receive a fishing license  free  of
   10  charge.  For  the purposes of this subdivision a person is blind only if
   11  either: (a) his or her central visual acuity does not exceed  20/200  in
   12  the  better  eye with correcting lenses, or (b) his or her visual acuity
   13  is greater than 20/200 but is accompanied by a limitation of  the  field
   14  of  vision such that the widest diameter of the visual field subtends an
   15  angle no greater than 20 degrees.
   16    [A resident in the state for a period of thirty days immediately prior
   17  to the date of application who has attained the age of seventy is  enti-
   18  tled  to  receive  a  sportsman  license at the cost of ten dollars as a
   19  license fee.]
   20    A resident in the state for a period of thirty days immediately  prior
   21  to  the date of application who has attained the age of seventy is enti-
   22  tled to receive a fishing license, [and] a trapping LICENSE, AND A HUNT-
   23  ING license, at a cost of five dollars for each license.
   24    A resident in the state for a period of thirty days immediately  prior
   25  to  the date of application who has attained the age of seventy is enti-
   26  tled to receive free of charge a  bowhunting  [stamp]  PRIVILEGE  and  a
   27  muzzle-loading [stamp] PRIVILEGE.
   28    Each applicant for a license, permit or [stamp] PRIVILEGE shall pay to
   29  the  issuing  officer a fee, according to the license, permit or [stamp]
   30  PRIVILEGE issued and the residence or other qualification of the  appli-
   31  cant.
   32    S 5. Paragraphs a, b, and c of subdivision 3 of section 11-0715 of the
   33  environmental  conservation  law,  as amended by section 4 of part KK of
   34  chapter 59 of the laws of 2009, are amended to read as follows:
   35    a. In the case of persons who [have been residents of  the  state  for
   36  more  than  thirty days immediately preceding the date of application or
   37  who are enrolled in a full-time course at a college or university within
   38  the state and who are in residence in the state  for  the  school  year,
   39  Indians residing off reservations in the state and members of the United
   40  States armed forces in active service stationed in this state regardless
   41  of place of residence at the time of entry into service] MEET THE CRITE-
   42  RIA  SET  FORTH IN PARAGRAPH C OF SUBDIVISION FOUR OF SECTION 11-0703 OF
   43  THIS TITLE:
   44          License                                   Fee
   45          (1) [Super-sportsman                      $88.00
   46          (2) Trapper Super-sportsman               $88.00
   47          (3) Sportsman                             $47.00
   48          (4) Small and big game                    $29.00]
   49          (A) HUNTING                               $22.00
   50          (B) HUNTING AGES FIFTEEN
   51          AND UNDER                                 $5.00
   52          [(5)] (2) Fishing                         [$29.00] $25.00
   53          [(6)] (3)(A) Trapping                     [$21.00] $20.00
   54          [(7) Small game                           $26.00]
   55          [(8) Junior trapping]
   56          (B) TRAPPING AGES FIFTEEN AND UNDER       [$ 6.00]  $5.00
       S. 2608--D                         28                         A. 3008--D

    1          [(9)] (4) Muzzle-loading [stamp]          [$21.00] $15.00
    2          PRIVILEGE
    3          [(10)] (5)(A) Bowhunting [stamp]          [$21.00] $15.00
    4          PRIVILEGE
    5          (B) BOWHUNTING PRIVILEGE
    6          AGES FIFTEEN AND UNDER                    $5.00
    7          [(11)] (6) Turkey permit                  $10.00
    8          [(12)] (7) Seven-day fishing              [$15.00] $13.00
    9          [(13) Conservation legacy                 $96.00
   10          (14)] (8) One-day fishing                 $ 5.00
   11    b. In the case of a non-resident and persons resident in the state for
   12  less  than  thirty days[, other than persons who are enrolled in a full-
   13  time course at a college or university within the state and who  are  in
   14  residence  in  the  state  for  the school year and those members of the
   15  United States armed forces as to whom fees are specified in paragraph  a
   16  of this subdivision]:
   17          License                                   Fee
   18          (1) [Big game](A) HUNTING                 [$140.00] $100.00
   19          (B) HUNTING AGES FIFTEEN AND UNDER        $5.00
   20          (2) [Small game                           $85.00
   21          (3)] Fishing                              [$70.00] $50.00
   22          [(4)] (3) Seven-day fishing               [$35.00] $31.00
   23          [(5)] (4)(A) Trapping                     [$310.00] $275.00
   24          [(6) Super-sportsman                      $280.00
   25          (7)](B) TRAPPING AGES FIFTEEN AND UNDER   $5.00
   26          (5)(A) Bowhunting PRIVILEGE               [$140.00] $30.00
   27          (B) BOWHUNTING PRIVILEGE AGES
   28          FIFTEEN AND UNDER                         $5.00
   29          [(8)] (6) Muzzle-loading                  [$140.00] $30.00
   30          [(9) Bear tag                             $50.00]
   31          [(10)] (7) Turkey permit                  [$50.00] $20.00
   32          [(11)] (8) One-day fishing                [$15.00] $10.00
   33    c. In all cases:
   34          (1) Certificates in lieu of
   35          lost license or [stamp] PRIVILEGE or tag            $5.00
   36          (2) Duplicate for lost or
   37          destroyed permit[, button] or tag                   $10.00
   38          [(3) Junior hunting license                         $ 5.00
   39          (4) Junior archery license                          $ 9.00
   40          (5) One-day fishing license                         $15.00
   41          (6) Conservation patron license                     $12.00]
   42    S  6.  Subdivisions  4  and  6 of section 11-0715 of the environmental
   43  conservation law, subdivision 4 as amended by section 5 of  part  KK  of
   44  chapter  59 of the laws of 2009, subdivision 6 as added by section 32 of
   45  part F of chapter 82 of the laws of 2002, paragraph a of  subdivision  6
   46  as  amended  by  chapter 344 of the laws of 2008, are amended to read as
   47  follows:
   48    4. A person, resident in the state for at least thirty days immediate-
   49  ly prior to the date of application, who has been  honorably  discharged
   50  from  service  in the armed forces of the United States and certified as
   51  having a forty percent or greater service-connected disability is  enti-
   52  tled  to receive all licenses, [stamps] PRIVILEGES, tags, [buttons,] and
   53  permits authorized by this title for which he or she is eligible, except
   54  turkey permits, renewable each year for a five dollar fee.
   55    6. a. License issuing officers may retain 1.1  percent  of  the  gross
   56  proceeds from the sale of [the following:
       S. 2608--D                         29                         A. 3008--D

    1    (1) non-resident small game license
    2    (2) non-resident big game license
    3    (3) non-resident trapping license
    4    (4) bear tag
    5    (5) non-resident bowhunting license
    6    (6) non-resident muzzle-loading license
    7    (7) non-resident super-sportsman license
    8    (8) non-resident turkey permit
    9    (9)] all lifetime licenses listed in section 11-0702 of this title.
   10    b.  License  issuing  officers  may  retain  5.5  percent of the gross
   11  proceeds from sale of all other license,  [stamps]  PRIVILEGES,  certif-
   12  icates  and permits, including any application fees associated with such
   13  licenses, [stamps,] PRIVILEGES, certificates and permits.
   14    S 7. Paragraphs c, d and e of subdivision 1 of section 11-0907 of  the
   15  environmental conservation law, paragraph c as amended by section 38 and
   16  paragraphs d and e as added by section 40 of part F of chapter 82 of the
   17  laws of 2002, are amended to read as follows:
   18    c.  The  limit  for wild deer is one deer per person in a license year
   19  except that (1) a person  entitled  to  exercise  the  privileges  of  a
   20  special  antlerless deer license may take an antlerless deer while hunt-
   21  ing pursuant to such license in addition to the limit of one deer  in  a
   22  license  year  otherwise  applicable,  (2) a person who is a member of a
   23  hunting group holding a deer management permit or permits issued  pursu-
   24  ant  to  section  11-0913 of this article may take additional deer while
   25  hunting in accordance with the conditions of the permit or permits,  (3)
   26  the  holder  of  a  bowhunting [license or stamp] PRIVILEGE or a muzzle-
   27  loading [license or stamp] PRIVILEGE may take up to two additional deer,
   28  pursuant to regulations promulgated by the department, and (4) an eligi-
   29  ble non-ambulatory person, pursuant to subdivision 2 of section  11-0931
   30  of this article may take a deer of either sex in any wildlife management
   31  unit  area where deer management permits have been issued by the depart-
   32  ment, while in possession of a valid HUNTING license  [which  authorizes
   33  the holder to hunt big game]. Nothing contained in this section shall be
   34  construed  to  limit  the  power of the department to designate by regu-
   35  lation an area or areas of the state consisting of a county or part of a
   36  county where such season shall apply and  whether  the  number  of  such
   37  special permits shall be limited.
   38    d.  (1) A person who holds licenses [or stamps] AND PRIVILEGES author-
   39  izing the holder to hunt deer during a special archery  season  and  the
   40  regular  open  season  and  who has taken a deer by longbow in a special
   41  archery season and who has not taken a deer in  a  regular  open  season
   42  may,  in  addition  to the limit of one deer in a license year otherwise
   43  applicable, take during the same license year additional deer as  speci-
   44  fied  by department regulation in a special archery season following the
   45  close of the regular open deer season.
   46    (2) A person who holds licenses [or stamps] AND PRIVILEGES authorizing
   47  the holder to hunt deer during a special archery season and the  regular
   48  open  season  and  who  has  taken a deer by longbow in the regular open
   49  season for deer in Westchester or Suffolk counties may, in  addition  to
   50  the  limit  of  one  deer  in  a license year otherwise applicable, take
   51  during the same license year additional deer as specified by  department
   52  regulation  during  such Westchester or Suffolk county regular open deer
   53  season.
   54    e. A person who holds licenses [or stamps] AND PRIVILEGES  authorizing
   55  the  holder  to hunt deer during a special muzzle-loading season and the
   56  regular open season and who has taken a deer by  muzzle-loading  firearm
       S. 2608--D                         30                         A. 3008--D

    1  in  a  muzzle-loading  season  and who has not taken a deer in a regular
    2  open season may, in addition to the limit of one deer in a license  year
    3  otherwise applicable, take during the same year additional deer as spec-
    4  ified  by  department  regulation  in  a  special  muzzle-loading season
    5  following the close of the regular deer season.
    6    S 8. Paragraph c of subdivision 1 of section 11-0907 of  the  environ-
    7  mental  conservation  law, as amended by section 39 of part F of chapter
    8  82 of the laws of 2002, is amended to read as follows:
    9    c. The limit for wild deer and bear is  one  deer  and  one  bear  per
   10  person  in  a license year except that (1) a person entitled to exercise
   11  the privileges of a special antlerless deer license may take an  antler-
   12  less  deer  while  hunting  pursuant  to such license in addition to the
   13  limit of one deer in a license year otherwise applicable, (2)  a  person
   14  who  is  a member of a hunting group holding a deer management permit or
   15  permits issued pursuant to section 11-0913  of  this  article  may  take
   16  additional  deer  while hunting in accordance with the conditions of the
   17  permit or permits, (3) the holder of a  bowhunting  [license  or  stamp]
   18  PRIVILEGE  or  a muzzle-loading [license or stamp] PRIVILEGE may take up
   19  to two additional deer,  pursuant  to  regulations  promulgated  by  the
   20  department,  and  (4)  an  eligible  non-ambulatory  person, pursuant to
   21  subdivision 2 of section 11-0931 of this article  may  take  a  deer  of
   22  either  sex  in  any wildlife management unit area where deer management
   23  permits have been issued by the department, while  in  possession  of  a
   24  valid  HUNTING  license  [which authorizes the holder to hunt big game].
   25  Nothing contained in this section shall be construed to limit the  power
   26  of  the  department  to  designate by regulation an area or areas of the
   27  state consisting of a county or part of a county where such season shall
   28  apply and whether the number of such special permits shall be limited.
   29    S 9.  Paragraph a of subdivision 3 of section 11-0907 of the  environ-
   30  mental  conservation  law, as amended by section 41 of part F of chapter
   31  82 of the laws of 2002, is amended to read as follows:
   32    a. In every area identified in column one of the table  set  forth  in
   33  subdivision  2  of this section, except Westchester and Suffolk Counties
   34  in which a regular open season for taking deer  by  firearms  is  estab-
   35  lished  and  effective,  a special open season is established for taking
   36  deer of either sex, by the use of a long bow only by holders of a [small
   37  and big game, sportsman, or free sportsman] HUNTING license  [to  which]
   38  WITH  a  valid  bowhunting  [stamp  is affixed or to holders of a junior
   39  archery,  resident  or  non-resident  super-sportsman,  or  non-resident
   40  bowhunting license] PRIVILEGE.
   41    S 10.  Paragraph a of subdivision 3 of section 11-0907 of the environ-
   42  mental  conservation  law, as amended by section 42 of part F of chapter
   43  82 of the laws of 2002, is amended to read as follows:
   44    a. In every area identified in column one of the table  set  forth  in
   45  subdivision  2  of this section, except Westchester and Suffolk Counties
   46  in which a regular open season for taking deer  by  firearms  is  estab-
   47  lished  and  effective,  a special open season is established for taking
   48  deer of either sex, and bear, by the use of a long bow only  by  holders
   49  of  a [small and big game, sportsman, or free sportsman] HUNTING license
   50  [to which] WITH a valid bowhunting [stamp is affixed or to holders of  a
   51  junior  archery,  resident or non-resident super-sportsman, or non-resi-
   52  dent bowhunting license] PRIVILEGE.
   53    S 11. Paragraph a of subdivision 8 of section 11-0907 of the  environ-
   54  mental  conservation  law, as amended by section 45 of part F of chapter
   55  82 of the laws of 2002, is amended to read as follows:
       S. 2608--D                         31                         A. 3008--D

    1    a. In every area identified in column one of the table  set  forth  in
    2  subdivision  2 of this section, except those areas restricted to special
    3  seasons for taking deer by longbow only, special  open  seasons  may  be
    4  established  by  regulation  for  taking deer and/or bear, by the use of
    5  muzzle-loading  firearms, of not less than .44 caliber shooting a single
    6  projectile, by the holders of a [small and big game, sportsman  or  free
    7  sportsman] HUNTING license [to which] WITH a valid muzzle-loading [stamp
    8  is  affixed or to holders of a resident or non-resident super-sportsman,
    9  or non-resident muzzle-loading license] PRIVILEGE.
   10    S 12. Subdivision 7 of section 11-0913 of the environmental  conserva-
   11  tion  law,  as amended by section 6 of part KK of chapter 59 of the laws
   12  of 2009, is amended to read as follows:
   13    7. The department shall charge and receive a fee of  ten  dollars  for
   14  the application and the processing of such permit or permits. Applicants
   15  who  are  successful  in  the  computerized  selection shall receive the
   16  permit or permits free of any additional  charge.  The  application  fee
   17  shall  be  non-refundable.  The department may waive the application fee
   18  for holders of a lifetime  sportsman  license  existing  as  of  October
   19  first,  two  thousand  nine[,  junior  archery  license, resident super-
   20  sportsman license, or junior hunting license] AND HOLDERS OF  A  HUNTING
   21  LICENSE LESS THAN SIXTEEN YEARS OF AGE.
   22    S  13.  Section  11-0929  of  the  environmental  conservation law, as
   23  amended by chapter 344 of the laws of 2008, subdivision 5  as  added  by
   24  chapter 25 of the laws of 2011, is amended to read as follows:
   25  S 11-0929. Hunting by minors.
   26    1.  A  licensee  who is twelve or thirteen years of age shall not hunt
   27  wildlife with a gun or a longbow unless he or she is accompanied by  his
   28  or  her parent or legal guardian, or by a person twenty-one years of age
   29  or older designated in writing by his or her parent or legal guardian on
   30  a form prescribed by the department, who holds a HUNTING license  [which
   31  authorizes the holder to hunt wildlife].
   32    2. A licensee who is fourteen or fifteen years of age shall not:
   33    a.  hunt  wildlife with a gun or longbow, other than wild deer or bear
   34  as provided in paragraph b of this subdivision,  unless  he  or  she  is
   35  accompanied  by  his  or  her parent or legal guardian holding a HUNTING
   36  license [which authorizes the holder to hunt wildlife], or by  a  person
   37  eighteen  years  of  age  or  older, designated in writing by his or her
   38  parent or legal guardian, holding such license;
   39    b. hunt wild deer or bear with a gun unless:
   40    (1) he or she is accompanied by his or her parent or a legal guardian,
   41  or a youth mentor who is twenty-one years of age or older designated  in
   42  writing  by  the  parent  or  legal  guardian  of the licensee on a form
   43  prescribed by the department; and
   44    (2) such parent, guardian or youth mentor has had at least three years
   45  of experience in hunting big game; and
   46    (3) such parent, guardian or youth  mentor  holds  a  HUNTING  license
   47  [which authorizes the holder to hunt big game]; and
   48    (4)  such  parent, guardian or youth mentor maintains physical control
   49  over the minor he or she is accompanying at all times while hunting; and
   50    (5) such parent, guardian or youth mentor and the minor he or  she  is
   51  accompanying remain at ground level at all times while hunting; and
   52    (6)  such  parent, guardian or youth mentor and the minor he or she is
   53  accompanying shall each display either a minimum total  of  two  hundred
   54  fifty square inches of solid fluorescent orange or patterned fluorescent
   55  orange consisting of no less than fifty percent fluorescent orange mate-
   56  rial  worn  above the waist and visible from all directions, or a hat or
       S. 2608--D                         32                         A. 3008--D

    1  cap with no less than fifty percent of the exterior consisting of  solid
    2  fluorescent  orange  material  and  visible  from  all  directions.  For
    3  purposes of this paragraph, "physical control" shall mean that the phys-
    4  ical  proximity  of the minor to the parent, guardian or youth mentor is
    5  such that the parent, guardian or youth mentor  is  reasonably  able  to
    6  issue  verbal  directions  and  instructions,  maintain  constant visual
    7  contact, and otherwise provide guidance and supervision to the minor.
    8    3. A licensee who is sixteen or seventeen years of age and who has not
    9  previously had a license which authorizes the holder to  hunt  big  game
   10  issued  to  him  or  her and engaged in hunting pursuant to it shall not
   11  hunt deer or bear unless he or she is accompanied by his or  her  parent
   12  or  legal  guardian,  or by a person designated in writing by his or her
   13  parent or legal guardian on a form prescribed by the department and  who
   14  is  eighteen  years  of age or older and who has had at least one year's
   15  experience in hunting deer or bear, and such accompanying parent, guard-
   16  ian or person holds a HUNTING license [which authorizes  the  holder  to
   17  hunt big game].
   18    4.  A  [junior  archery] HUNTING licensee WITH A BOWHUNTING PRIVILEGE,
   19  who is fourteen or fifteen years of age, shall not  hunt  deer  or  bear
   20  unless  he or she is accompanied by his or her parent or legal guardian,
   21  or by a person designated in writing by his or her parent or legal guar-
   22  dian on a form prescribed by the department who is eighteen years of age
   23  or older and who has had at least one year's experience in hunting  deer
   24  or  bear  by  longbow,  and such accompanying parent, guardian or person
   25  holds a HUNTING license [which authorizes the holder to  hunt  big  game
   26  during  a  special  archery  season  and the regular open season] WITH A
   27  BOWHUNTING PRIVILEGE.
   28    5. A [junior archery] HUNTING licensee WITH  A  BOWHUNTING  PRIVILEGE,
   29  who  is  twelve  or  thirteen  years of age, shall not hunt deer or bear
   30  unless:
   31    (a) he or she is accompanied by his or her parent or  legal  guardian,
   32  or by a person designated in writing by his or her parent or legal guar-
   33  dian  on  a form prescribed by the department who is twenty-one years of
   34  age or older and
   35    (b) such parent, guardian or person has  had  at  least  three  year's
   36  experience in hunting deer or bear by longbow and
   37    (c)  such  parent,  guardian  or  person holds a HUNTING license [that
   38  authorizes the holder to hunt big game] and
   39    (d) such parent, guardian or person maintains  physical  control  over
   40  the  minor he or she is accompanying at all times while hunting. For the
   41  purposes of this paragraph "physical control" shall mean that the  phys-
   42  ical  proximity  of  the minor to the parent, guardian or person is such
   43  that the parent, guardian or person is reasonably able to  issue  verbal
   44  directions  and  instructions,  maintain  constant  visual  contact, and
   45  otherwise provide guidance and supervision to the minor.
   46    S 14. Subdivision 1 of section 13-0355 of the environmental  conserva-
   47  tion  law,  as amended by section 1 of part AA of chapter 60 of the laws
   48  of 2011, is amended to read as follows:
   49    1. Definitions of registrations;  privileges.  A  recreational  marine
   50  fishing  registration entitles the holder who is sixteen years of age or
   51  older to take fish from the waters of the marine  and  coastal  district
   52  and  to  take  migratory  fish  of the sea from all waters of the state,
   53  except as provided in sections 13-0333 and  13-0335  of  this  title.  A
   54  recreational  marine  fishing registration is effective for [a registra-
   55  tion year beginning January first and ending December thirty-first]  ONE
   56  YEAR FROM THE DATE IT WAS ISSUED.
       S. 2608--D                         33                         A. 3008--D

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

   15               Licenses                               Fees
   16        a. Lifetime [sportsman] license
   17        INCLUDING A HUNTING LICENSE,
   18        FISHING LICENSE and turkey
   19       permit. If purchased,
   20       for a  child four years
   21       of age or younger                              $380.00
   22        for a child age five through
   23       eleven years of age                            $535.00
   24        for a person age twelve through
   25       sixty-nine years of age                        $765.00
   26        for a person age seventy
   27        and over.                                     $65.00
   28        b. Lifetime [small and
   29       big game] HUNTING license.                     $535.00
   30        c. Lifetime fishing
   31       license for a person age
   32       sixty-nine or younger.                         $460.00
   33        d. Lifetime fishing license
   34       for a person age seventy
   35       and over.                                      $ 65.00
   36        e. Lifetime trapping
   37       license.                                       $395.00
   38        f. Lifetime archery
   39       [stamp] PRIVILEGE.                             $235.00
   40        g. Lifetime muzzle-
   41       loading [stamp] PRIVILEGE.                     $235.00
   42        [j.] H. For transfer to a person pursuant
   43       to section 11-0704 of this title                $50.00
   44    The holder of a lifetime [small and big game] HUNTING license or LIFE-
   45  TIME  fishing  license may, at any time, convert such license to a life-
   46  time [sportsman] license [and turkey permit] PURSUANT TO PARAGRAPH A  OF
   47  THIS  SUBDIVISION for an additional fee equal to the [existing differen-
   48  tial] DIFFERENCE BETWEEN THE CURRENT FEE FOR THE NEW LICENSE AND THE FEE
   49  ORIGINALLY PAID FOR THE LICENSE.
   50    2. Legal residency within the state of New York shall be  a  prerequi-
   51  site  for  persons  to  obtain,  or have obtained for them, any lifetime
   52  licenses included within this section.  Lifetime  licenses  so  obtained
   53  shall  continue  to  be  valid for use within the state by the person to
   54  whom the lifetime license was issued, regardless of a change in residen-
   55  cy of that lifetime license holder. Holders of lifetime HUNTING licenses
       S. 2608--D                         34                         A. 3008--D

    1  [which include lifetime big game privileges] who become non-residents of
    2  the state may continue to obtain resident bowhunting and  muzzle-loading
    3  [stamps]  PRIVILEGES,  including  lifetime  archery  and  muzzle-loading
    4  [stamps]  PRIVILEGES.    Holders  of  lifetime  [licenses which include]
    5  bowhunting and muzzle-loading privileges who become non-residents of the
    6  state may continue to obtain resident  [big  game]  HUNTING  privileges,
    7  including  ANY  lifetime  [sportsman or small and big game licenses.  An
    8  annual turkey permit will be granted at no additional fee  as  an  addi-
    9  tional  privilege of all existing lifetime sportsman licenses.] LICENSES
   10  THAT INCLUDE ANY HUNTING PRIVILEGES. Possession of lifetime licenses  is
   11  nontransferable.
   12    S  17.  The  section  heading  of section 11-0707 of the environmental
   13  conservation law is amended to read as follows:
   14  Exemptions from requirement of hunting, [big game,] fishing and trapping
   15               licenses.
   16    S 18. Subdivision 5 of section 11-1911 of the environmental  conserva-
   17  tion  law,  as  amended by chapter 57 of the laws of 1993, is amended to
   18  read as follows:
   19    5. The holder of [a] ANY TYPE OF fishing[, three-day or five-day fish-
   20  ing, combination free hunting-big game hunting-fishing or combined resi-
   21  dent hunting, fishing and big  game  license  or  combined  non-resident
   22  hunting, fishing, big game, bowhunting and muzzle-loading] license, or a
   23  person  entitled to exercise the privileges of such a license, may, with
   24  the permission of the licensee, take fish by angling from  the  licensed
   25  pond provided the holder complies with the provisions of title 13 of the
   26  Fish and Wildlife Law, with respect to open seasons, minimum size limits
   27  and daily and seasonal possession limits.
   28    S  19. Subdivision 8 of section 71-0921 of the environmental conserva-
   29  tion law, as amended by chapter 595 of the laws of 1984, is  amended  to
   30  read as follows:
   31    8.  Making a false statement in applying for a license, [stamp] PRIVI-
   32  LEGE or permit under the Fish and Wildlife Law, or for a certificate  in
   33  lieu  of  a  lost license or [stamp] PRIVILEGE or a duplicate [big game]
   34  HUNTING license tag under title 7 of article 11 of  this  chapter.  Each
   35  such  misdemeanor  shall be punishable by imprisonment for not more than
   36  three months, or by a fine of not more than two hundred dollars,  or  by
   37  both  such  imprisonment and fine. In addition, the department may imme-
   38  diately revoke the license, [stamp] PRIVILEGE, permit or certificate for
   39  which application was made for the remainder of its effective term.
   40    S 20. Paragraph (a) of subdivision 3 of section 11-0327 of  the  envi-
   41  ronmental conservation law, as amended by section 4 of part F of chapter
   42  82 of the laws of 2002, is amended to read as follows:
   43    (a)  To  review the allocations and expenditures of the department for
   44  fish and wildlife purposes as provided in section 11-0303 of this  title
   45  and  report  to  the commissioner by November fifteenth of each year. To
   46  assist the board in its review, the department shall by September  first
   47  of  each year make available to the board, the governor and the legisla-
   48  ture current and anticipated income and expenditures for  the  fish  and
   49  wildlife  programs,  including planned expenditures by time and activity
   50  code for the next fiscal year. Such report shall include the findings of
   51  the advisory board regarding such allocations and expenditures,  includ-
   52  ing  expenditures  and appropriations from the conservation fund and the
   53  extent to which such expenditures and appropriations are consistent with
   54  the requirements of state law. The report shall also include recommended
   55  maximum annual fees for the  licenses  and  [stamps]  BOWHUNTING  AND/OR
   56  MUZZLE-LOADING PRIVILEGES identified in subdivision 3 of section 11-0715
       S. 2608--D                         35                         A. 3008--D

    1  of  this  article.  In  recommending  such fees the board shall consider
    2  economic indicators, the status  of  the  conservation  fund,  and  such
    3  program  indicators  as  it may deem appropriate. The commissioner shall
    4  submit  such  report,  in its entirety, to the governor and the legisla-
    5  ture.
    6    S 21. Section 11-0705  of  the  environmental  conversation  law,  the
    7  section  heading,  paragraph  a  of  subdivision  1 and subdivision 3 as
    8  amended by chapter 57 of the laws of 1993, paragraph b of subdivision  1
    9  as  amended by chapter 189 of the laws of 1992, paragraphs a, b and d of
   10  subdivision 2 as amended by section 24 of part F of chapter  82  of  the
   11  laws of 2002, is amended to read as follows:
   12  S 11-0705. Failure  to  carry  license, tag or [stamp] BOWHUNTING AND/OR
   13               MUZZLE-LOADING PRIVILEGES.
   14    1. a. The holder of a license, tag [or stamp], BOWHUNTING PRIVILEGE OR
   15  MUZZLE-LOADING PRIVILEGE defined in section 11-0701 OF THIS TITLE shall:
   16    (1) have such license, tag or [stamp] PRIVILEGE on the holder's person
   17  while exercising any privilege of that license stated in section 11-0701
   18  OF THIS TITLE, or while assisting or accompanying a minor in hunting  as
   19  provided in section 11-0929 OF THIS ARTICLE, and
   20    (2)  [if  a stamp is required to be affixed to the license it shall be
   21  so affixed; and
   22    b.] shall exhibit it on demand to any police officer, peace officer or
   23  owner, lessee or person in control of the lands or waters or the  desig-
   24  nees of the owner, lessee or person in control of the lands or waters on
   25  which the license holder is present[; and
   26    c.  if  a button was issued with the license he shall wear such button
   27  in plain sight].
   28    2.  a. Holders of a HUNTING license [which authorizes  the  holder  to
   29  hunt  wildlife  other than big game,] while exercising the privileges of
   30  such license, shall have the back tag issued with their license attached
   31  to and displayed on the back of the outer garment between the  shoulders
   32  in such manner that all figures are plainly visible at all times.
   33    b. [Holders of a license which authorizes the holder to hunt big game,
   34  while  hunting  wild  deer  or bear, shall have the back tag issued with
   35  their license so attached and displayed.
   36    c.] The license tag for the current year only shall be displayed.
   37    [d.] C. Notwithstanding the provisions of paragraphs a[,] AND  b  [and
   38  c]  of  this  subdivision,  a  license  holder  shall not be required to
   39  display such license tag in the Northern Zone or the Catskill Park.
   40    3. Failure of a licensee to have the holder's license, tag or  license
   41  with   [stamp   affixed]   BOWHUNTING  AND/OR  MUZZLE-LOADING  PRIVILEGE
   42  INCLUDED, on the holder's person while [exercising any privilege of  the
   43  license, tag or license and stamp, and to wear in plain sight any button
   44  issued with the license while so doing] HUNTING, FISHING OR TRAPPING, is
   45  presumptive evidence that the holder is hunting, fishing or trapping, as
   46  the case may be, without holding the license, tag or license and [stamp]
   47  BOWHUNTING  OR  MUZZLE-LOADING  PRIVILEGE  required  by subdivision 6 of
   48  section 11-0703 OF THIS TITLE.
   49    S 22. Section 11-0706 of the environmental conservation law, as  added
   50  by section 1 of part FF of chapter 58 of the laws of 2012, is amended to
   51  read as follows:
   52  S 11-0706. Gift cards for hunting and fishing licenses.
   53    1.  The  commissioner  is  authorized  to establish gift cards for the
   54  licenses and [stamps] BOWHUNTING AND MUZZLE-LOADING PRIVILEGES set forth
   55  in section 11-0701 of this title.
       S. 2608--D                         36                         A. 3008--D

    1    2. For the purposes of this title, the term "gift card" shall  mean  a
    2  restricted  monetary  equivalent  or  voucher that, when redeemed by the
    3  holder, entitles such person to a valid license  or  [stamp]  BOWHUNTING
    4  AND/OR  MUZZLE-LOADING PRIVILEGE as set forth in section 11-0701 of this
    5  title.
    6    S 23. Subdivision 13 of section 11-0901 of the environmental conserva-
    7  tion  law,  as  added  by chapter 486 of the laws of 1985, is amended to
    8  read as follows:
    9    13. Persons engaged in hunting deer and/or bear with  a  longbow  must
   10  possess a current bowhunting [stamp] PRIVILEGE or a valid certificate of
   11  qualification  in  responsible bowhunting practices issued or honored by
   12  the department.
   13    S 24. Subdivision 6 of section 11-0931 of the environmental  conserva-
   14  tion  law,  as  amended by chapter 97 of the laws of 1978, is amended to
   15  read as follows:
   16    6. No person while engaged in hunting  deer  or  bear  pursuant  to  a
   17  bowhunting [stamp] PRIVILEGE, and no person accompanying him OR HER or a
   18  member  of  his  OR  HER  party,  while he OR SHE is so engaged during a
   19  special longbow season, shall have in his OR HER possession a firearm of
   20  any kind, and no person while engaged in hunting deer or  bear  pursuant
   21  to a muzzle-loading [stamp] PRIVILEGE, and no person accompanying him OR
   22  HER  or  a  member  of  his  OR HER party, while he OR SHE is so engaged
   23  during a special muzzle-loading firearm season, shall have in his OR HER
   24  possession a firearm of any kind other than a muzzle-loading firearm.
   25    S 25. Subdivision 4 of section 11-1201 of the environmental  conserva-
   26  tion  law,  as amended by section 52 of part F of chapter 82 of the laws
   27  of 2002, is amended to read as follows:
   28    4. "License to hunt", ["stamp to hunt",] or "permit to hunt" means any
   29  license, permit, or other privilege granted pursuant to section  11-0701
   30  of this article which authorizes the holder to hunt wildlife.
   31    S  26. Paragraph a of subdivision 1 of section 11-0719 of the environ-
   32  mental conservation law, as amended by chapter 176 of the laws of  1987,
   33  is amended to read as follows:
   34    a.  In  the circumstances described in paragraph b OF THIS SUBDIVISION
   35  the department may revoke any license [or stamp], BOWHUNTING  PRIVILEGE,
   36  OR  MUZZLE-LOADING  PRIVILEGE,  of  any  person,  to hunt, fish or trap,
   37  defined in section 11-0701 OF THIS  TITLE  or  issued  pursuant  to  any
   38  provision  of  the  Fish  and Wildlife Law, or it may revoke all of such
   39  licenses [or stamps], BOWHUNTING PRIVILEGES,  OR  MUZZLE-LOADING  PRIVI-
   40  LEGES.    It  may also deny such person, for a period not exceeding five
   41  years, the privilege of obtaining such license or licenses [or stamp  or
   42  stamps],  BOWHUNTING PRIVILEGE, OR MUZZLE-LOADING PRIVILEGE, or of hunt-
   43  ing, trapping or fishing, anywhere in the state with or without  license
   44  [or stamp], BOWHUNTING PRIVILEGE, OR MUZZLE-LOADING PRIVILEGE, except as
   45  provided in subdivision 1 of section 11-0707 OF THIS TITLE or in section
   46  11-0523  OF  THIS ARTICLE. It may also require that such person success-
   47  fully complete a department-sponsored course and obtain a certificate of
   48  qualification in responsible hunting, responsible bowhunting or  respon-
   49  sible trapping practices before being issued another license.
   50    S  27. Subdivision 2 of section 11-0719 of the environmental conserva-
   51  tion law, paragraph a as amended by chapter 119 of the laws of 1999, the
   52  opening paragraph of paragraph a as amended by section 33 of part  F  of
   53  chapter 82 of the laws of 2002, paragraph b as amended by chapter 269 of
   54  the  laws  of 1975, paragraph c as amended by chapter 176 of the laws of
   55  1987, and paragraph d as amended by chapter 595 of the laws of 1984,  is
   56  amended to read as follows:
       S. 2608--D                         37                         A. 3008--D

    1    2.  a.  The  department  may  revoke  the licenses, tags, [and stamps]
    2  BOWHUNTING PRIVILEGES, OR MUZZLE-LOADING PRIVILEGES, which authorize the
    3  holder to hunt and/or trap wildlife,  and  may  deny  the  privilege  of
    4  obtaining  such  licenses,  tags, [and stamps] BOWHUNTING PRIVILEGES, OR
    5  MUZZLE-LOADING PRIVILEGES, and may deny the privileges of hunting and/or
    6  trapping with or without a license.
    7    (1) of any person who, while engaged in hunting or trapping,
    8    (i)  causes  death  or  injury  to another by discharging a firearm or
    9  longbow, or
   10    (ii) so negligently discharges a firearm or longbow as to endanger the
   11  life or safety of another, or
   12    (iii) so negligently and wantonly discharges a firearm or  longbow  as
   13  to destroy or damage public or private property; or
   14    (2) of any agent of the department authorized to issue certificates of
   15  qualification  in responsible hunting, bowhunting, or trapping practices
   16  who improperly issues any such certification to a person whom he has not
   17  trained, or whom he knows has not satisfactorily completed  all  of  the
   18  requirements necessary for such certification.
   19    b.  Action  by  the  department  resulting  in  the revocation of such
   20  license or denial of the privilege to hunt and trap as provided in  this
   21  subdivision  shall  be  only after a hearing held by the department upon
   22  notice to the offender, at which proof of facts indicating the violation
   23  is established to the satisfaction of the commissioner or of the hearing
   24  officer designated by him and concurred in by the commissioner. Provided
   25  that where a person, while hunting, causes death or injury to any person
   26  by discharge of a firearm or  longbow,  the  commissioner  may,  in  his
   27  discretion,  suspend  such  person's  license  or  licenses  to hunt and
   28  suspend such person's right to hunt without a license for a period of up
   29  to sixty days pending a hearing as provided for in this subdivision.
   30    c. In case such discharge of a firearm  or  longbow  causes  death  or
   31  injury  to  another,  the license or licenses, BOWHUNTING PRIVILEGE, AND
   32  MUZZLE-LOADING PRIVILEGE shall be revoked and the [privilege of  obtain-
   33  ing]  ABILITY  TO  OBTAIN any such license and of hunting or of trapping
   34  anywhere in the state with or without a license denied, for a period not
   35  exceeding ten years, except that no revocation shall be made in cases in
   36  which facts established at the hearing indicate to the  satisfaction  of
   37  the commissioner that there was no negligence on the part of the shooter
   38  or bowman. In all other cases the license or licenses, BOWHUNTING PRIVI-
   39  LEGE, OR MUZZLE-LOADING PRIVILEGE, shall be revoked and the privilege of
   40  obtaining  such  license, BOWHUNTING PRIVILEGE, OR MUZZLE-LOADING PRIVI-
   41  LEGE, and of hunting or of trapping anywhere in the state with or  with-
   42  out  a license denied for a period not exceeding five years. The depart-
   43  ment may also require that the  person  causing  such  death  or  injury
   44  successfully complete a department-sponsored course and obtain a certif-
   45  icate  of  qualification  in responsible hunting or bowhunting practices
   46  before being issued another hunting license.
   47    d. Every person injuring himself, herself or another person in a hunt-
   48  ing accident, as such term is  defined  in  subdivision  25  of  section
   49  11-0103 of this [chapter] ARTICLE, and the investigating law enforcement
   50  officer  summoned  to  or  arriving  at the scene of such accident shall
   51  within ten days from the occurrence of such accident file  a  report  of
   52  the  accident  in  writing with the department. Every such person or law
   53  enforcement officer shall make such other and additional reports as  the
   54  department  shall  require.    Failure to report such accident as herein
   55  provided by the person causing injury or to furnish relevant information
   56  required by the department shall be a  violation  and  shall  constitute
       S. 2608--D                         38                         A. 3008--D

    1  grounds  for  suspension or revocation of such person's hunting licenses
    2  AND BOWHUNTING AND MUZZLE-LOADING PRIVILEGES and denial of  the  [privi-
    3  lege  of  obtaining]  ABILITY  TO OBTAIN any such license and of hunting
    4  with  or  without  a  license  following  a hearing or opportunity to be
    5  heard. In addition, the department may temporarily suspend  the  license
    6  of  the  person  failing  to report a hunting accident within the period
    7  prescribed herein until such report has been filed. In  the  case  of  a
    8  non-resident, the failure to report an accident as herein provided shall
    9  constitute grounds for suspension or revocation of his or her privileges
   10  of  hunting within this state. The report required by this section shall
   11  be made in such form and number as the department may prescribe.
   12    S 28. Subdivisions 3 and 5 of section  11-0719  of  the  environmental
   13  conservation  law, subdivision 3 as amended by chapter 25 of the laws of
   14  2011, are amended to read as follows:
   15    3. A [junior] hunting license issued to  a  person  who  is  at  least
   16  twelve  and less than sixteen years of age or a [junior archery license]
   17  HUNTING LICENSE WITH BOWHUNTING PRIVILEGE issued  to  a  person  who  is
   18  between  the  ages  of  twelve  and  sixteen years may be revoked by the
   19  department upon proof satisfactory to the department that  such  person,
   20  while  under  the age of sixteen, has engaged in hunting wildlife with a
   21  gun or longbow, in circumstances in which a license AND/OR BOWHUNTING OR
   22  MUZZLE-LOADING PRIVILEGE is required, while not accompanied  by  his  or
   23  her  parent,  guardian  or other adult as provided in section 11-0929 of
   24  this article. If such license or privilege  is  revoked  the  department
   25  shall  fix  the  period  of  such revocation, which is not to exceed six
   26  years. The department may require that such person successfully complete
   27  a department sponsored course and obtain a certificate of  qualification
   28  in  responsible hunting or responsible bowhunting practices before being
   29  issued another hunting or bowhunting license.
   30    5. When the department has revoked a license, or  has  denied  to  any
   31  person  the  [privilege of obtaining] ABILITY TO OBTAIN a license, or of
   32  hunting, trapping or fishing without a license, it shall cause the  fact
   33  of such revocation or denial, or both, as the case may be, and the terms
   34  and  extent thereof, to be entered in the minutes of the department, and
   35  shall forthwith send a written notice of its action as so entered in the
   36  minutes to the person affected, at his last  known  address,  either  by
   37  registered  or  certified  mail or by delivery personally by a represen-
   38  tative of the department. Within five days after service of such notice,
   39  such person shall deliver to the  department  the  license  or  licenses
   40  revoked,  together  with any [buttons or] tags issued in connection with
   41  them. If the license was one entitling the holder to [the  privilege  of
   42  several  licenses,]  A  BOWHUNTING  OR  MUZZLE-LOADING PRIVILEGE and the
   43  revocation concerned some but not all of such privileges,  any  license,
   44  [button]  or tag so delivered shall be returned by the department to the
   45  person to whom it was issued, appropriately marked or  stamped  to  show
   46  the extent to which it is revoked.
   47    S 29. Subdivisions 3, 4, and 5 of section 11-1205 of the environmental
   48  conservation  law,  as  added  by  chapter  726 of the laws of 1977, are
   49  amended to read as follows:
   50    3. If such person, having been placed under arrest or after  a  breath
   51  test  indicates  the presence of alcohol in his system and having there-
   52  after been requested to submit to chemical test, refuses  to  submit  to
   53  such  chemical  test,  the test shall not be given, and a report of such
   54  refusal shall be forwarded by the officer under whose direction the test
   55  was requested to the department  of  environmental  conservation  within
   56  seventy-two hours and the department shall revoke all licenses, [stamps]
       S. 2608--D                         39                         A. 3008--D

    1  BOWHUNTING  PRIVILEGES,  MUZZLE-LOADING  PRIVILEGES, and permits to hunt
    2  which such person may possess; provided, however, that  such  revocation
    3  shall  become effective only after a hearing held by the department upon
    4  notice to such person, unless such hearing is waived by such person.
    5    4.  A license, [stamp] BOWHUNTING PRIVILEGE, MUZZLE-LOADING PRIVILEGE,
    6  or permit to hunt may, upon the basis of a report, verified  as  herein-
    7  after  provided,  of  the  administering  officer that he had reasonable
    8  grounds to believe such person  to  have  been  engaged  in  conduct  in
    9  violation  of  any subdivision of section 11-1203 of this title and that
   10  said person had refused to submit to such test, be temporarily suspended
   11  without notice pending the determination upon  any  such  hearing.  Such
   12  report  may be verified by having the report sworn to, or by affixing to
   13  such report a form notice that false statements made therein are punish-
   14  able as a class A misdemeanor pursuant to section 210.45  of  the  penal
   15  law  and  such  form  notice together with the signature of the deponent
   16  shall constitute a verification of the report.
   17    5. No license, [stamp] BOWHUNTING PRIVILEGE, MUZZLE-LOADING PRIVILEGE,
   18  or permit to hunt shall be revoked because of a  refusal  to  submit  to
   19  such  chemical  test if the hearing officer is satisfied that the person
   20  requested to submit to such chemical test had not been warned  prior  to
   21  such  refusal  to  the  effect that a refusal to submit to such chemical
   22  test may result in the revocation of such  license,  [stamp]  BOWHUNTING
   23  PRIVILEGE, MUZZLE-LOADING PRIVILEGE, or permit to hunt whether or not he
   24  is found guilty of the charge for which he has been arrested.
   25    S  30. Subdivision 3 of section 11-1209 if the environmental conserva-
   26  tion law, as added by chapter 726 of the laws of  1977,  is  amended  to
   27  read as follows:
   28    3. Notwithstanding any provision in section 11-1205 of this title, the
   29  department  [of environmental conservation] may revoke, for a period not
   30  exceeding two years, any or all  licenses,  [stamps]  BOWHUNTING  PRIVI-
   31  LEGES,  MUZZLE-LOADING  PRIVILEGES, or permits to hunt of any person who
   32  violates any subdivision of section 11-1203 of this title. Action by the
   33  department resulting in such  revocation  shall  become  effective  only
   34  after  a  hearing  held by the department upon notice to such person, at
   35  which proof of facts indicating the  violation  is  established  to  the
   36  satisfaction  of  the  commissioner,  or  of  the  hearing  officer  and
   37  concurred in by the commissioner. A person whose  license  to  hunt  has
   38  been  revoked  as  provided  in  this subdivision is ineligible for such
   39  license during the period determined by the department  as  provided  in
   40  this  section.  No  such  person  shall, during such period, procure any
   41  license for which he is ineligible. No person shall without license hunt
   42  or trap during any period in which the  privilege  to  do  so  has  been
   43  denied  him  by  the  department  as  provided in this section. When the
   44  department has revoked a license, or has denied to any person the [priv-
   45  ilege of obtaining] ABILITY TO OBTAIN a license, it shall cause the fact
   46  of such revocation or denial, or both, as the case may be, and the terms
   47  and extent thereof, to be entered in the minutes of the department,  and
   48  shall forthwith send a written notice of its action as so entered in the
   49  minutes  to  the  person  affected, at his last known address, either by
   50  registered or certified mail or by delivery personally  by  a  represen-
   51  tative of the department. Within five days after service of such notice,
   52  such  person  shall  deliver  to  the department the license or licenses
   53  revoked, together with any [buttons] BOWHUNTING PRIVILEGES, MUZZLE-LOAD-
   54  ING PRIVILEGES or tags issued in connection with them.  If  the  license
   55  was  one  entitling the holder to the privilege of several licenses, and
   56  the revocation concerned some  but  not  all  of  such  privileges,  any
       S. 2608--D                         40                         A. 3008--D

    1  license,  [button] BOWHUNTING PRIVILEGE, MUZZLE-LOADING PRIVILEGE or tag
    2  so delivered shall be returned by the department to the person  to  whom
    3  it  was  issued,  appropriately  marked or stamped to show the extent to
    4  which it is revoked.
    5    S  31. Paragraph d of subdivision 1 of section 71-0919 of the environ-
    6  mental conservation law, as amended by chapter 640 of the laws of  1977,
    7  is amended to read as follows:
    8    d. In the cases provided in sections 11-0719 and 11-2115, is liable to
    9  revocation of licenses to hunt, fish or trap OR FOR BOWHUNTING PRIVILEGE
   10  OR  MUZZLE-LOADING  PRIVILEGE, disqualification for such licenses AND/OR
   11  FOR BOWHUNTING PRIVILEGE OR MUZZLE-LOADING PRIVILEGE and denial  of  the
   12  [privilege  of]  ABILITY  TO  OBTAIN  ANY  hunting,  fishing or trapping
   13  LICENSE  AND  BOWHUNTING  PRIVILEGE  AND  MUZZLE-LOADING  PRIVILEGE,  as
   14  provided in those sections; and
   15    S  32. This act shall take effect February 1, 2014; provided, however,
   16  that the amendments to paragraph c of subdivision 1 of  section  11-0907
   17  of  the environmental conservation law made by section seven of this act
   18  and the amendments to paragraph a of subdivision 3 of section 11-0907 of
   19  the environmental conservation law made by  section  nine  of  this  act
   20  shall  not  affect the expiration of such paragraphs pursuant to section
   21  13 of chapter 600 of the laws of 1993, as amended, when upon  such  date
   22  sections  eight  and  ten  of  this  act shall take effect, and provided
   23  further, that the amendments to section 9 of part AA of  chapter  60  of
   24  the  laws  of 2011 made by section fifteen of this act shall take effect
   25  immediately.

   26                                   PART S

   27    Section 1. Legislative findings.  The  legislature  hereby  finds  and
   28  determines:
   29    1.  In  2011  and 2012, three storms of enormous magnitude - Hurricane
   30  Irene, Tropical Storm Lee and Superstorm Sandy - each battered New York,
   31  causing billions of dollars of damage  to  roads,  buildings  and  other
   32  infrastructure.  The  three  storms collectively resulted in millions of
   33  residential, business and industrial  customers  of  electric  utilities
   34  losing electricity for extended periods of time.
   35    2.  Each  of  these storms caused, among other things, a disruption in
   36  the distribution and supply of motor fuels, and in the  case  of  Super-
   37  storm  Sandy, downstate motorists were unable to obtain routine supplies
   38  of fuel for several weeks.
   39    3. In addition, temporary  fuel  distribution  disruptions  associated
   40  with  the  aftermath  of  a  storm  can result in emergency vehicles and
   41  responders unable to adequately address ongoing public safety and health
   42  emergencies, delay an appropriate  response  to  infrastructure  damages
   43  caused  by  a  storm, and otherwise disrupt commerce in the state due to
   44  difficulty to obtain readily available motor fuels.
   45    4. On November 15, 2012, in response  to  Superstorm  Sandy,  Governor
   46  Andrew  M.  Cuomo announced the creation of the NYS Ready Commission and
   47  tasked it with finding ways to ensure critical systems and services  are
   48  prepared  for future natural disasters and other emergencies. As related
   49  to this act, the Commission was tasked with  addressing  vulnerabilities
   50  in the state's energy systems.
   51    5.  The  NYS  Ready  Commission  recommended,  among  other things, to
   52  require that retail gasoline outlets located in strategic locations have
   53  on-site back-up power capacity to ensure that such outlets can  continue
   54  fuel sales operations during a long-term electric outage. The purpose of
       S. 2608--D                         41                         A. 3008--D

    1  this act is to ensure that the state is better situated in the future to
    2  address the temporary disruption of retail fuel supplies.
    3    S  2.  The  agriculture  and  markets  law  is amended by adding a new
    4  section 192-h to read as follows:
    5    S 192-H. ALTERNATE GENERATED POWER SOURCE AT RETAIL GASOLINE  OUTLETS.
    6  1. DEFINITIONS. WHEN USED IN THIS SECTION:
    7    (A)  "ALTERNATE  GENERATED  POWER  SOURCE"  MEANS  ELECTRIC GENERATING
    8  EQUIPMENT THAT IS OF A CAPACITY THAT IS CAPABLE  OF  PROVIDING  ADEQUATE
    9  ELECTRICITY TO OPERATE ALL DISPENSERS, DISPENSING EQUIPMENT, LIFE SAFETY
   10  SYSTEMS  AND PAYMENT-ACCEPTANCE EQUIPMENT LOCATED AT A RETAIL OUTLET AND
   11  WHICH CAN OPERATE INDEPENDENT OF THE LOCAL ELECTRIC UTILITY DISTRIBUTION
   12  SYSTEM AND PROVIDE ELECTRICITY DURING A GENERAL POWER OUTAGE OR DECLARED
   13  ENERGY OR FUEL SUPPLY EMERGENCY TO OPERATE THE SYSTEMS NAMED HEREIN.
   14    (B) "CHAIN OF RETAIL OUTLETS"  MEANS  A  NETWORK  OF  SUBSIDIARIES  OR
   15  AFFILIATES, UNDER DIRECT OR INDIRECT COMMON CONTROL, THAT OPERATE TEN OR
   16  MORE  RETAIL  OUTLETS  LOCATED  IN  A SINGLE DOWNSTATE REGION; PROVIDED,
   17  HOWEVER THAT THIS TERM DOES NOT INCLUDE ANY FRANCHISOR OF THE  BRAND  OF
   18  MOTOR  FUEL  BEING  SOLD  AT SUCH OUTLET, EXCEPT IF SUCH FRANCHISOR OWNS
   19  SUCH OUTLET.
   20    (C) "CONTROLLED ACCESS HIGHWAY" MEANS EVERY HIGHWAY, STREET, OR  ROAD-
   21  WAY  IN RESPECT TO WHICH OWNERS OR OCCUPANTS OF ABUTTING LANDS AND OTHER
   22  PERSONS HAVE NO LEGAL RIGHT OF ACCESS TO OR FROM THE SAME EXCEPT AT SUCH
   23  POINTS ONLY AND IN SUCH MANNER  AS  MAY  BE  DETERMINED  BY  THE  PUBLIC
   24  AUTHORITY HAVING JURISDICTION OVER SUCH HIGHWAY, STREET, OR ROADWAY.
   25    (D)  "DIESEL MOTOR FUEL" MEANS ANY FUEL SOLD IN THIS STATE AND FOR USE
   26  IN DIESEL ENGINES WHICH IS COMMERCIALLY KNOWN OR  OFFERED  FOR  SALE  AS
   27  DIESEL MOTOR FUEL.
   28    (E) "DISPENSER" MEANS A DEVICE LOCATED AT A RETAIL OUTLET THAT IS USED
   29  TO PUMP MOTOR FUEL FROM AN ABOVE-GROUND OR UNDERGROUND STORAGE TANK INTO
   30  A MOTOR VEHICLE.
   31    (F)  "DOWNSTATE  REGION"  MEANS  EACH  OF THE FOLLOWING REGIONS OF THE
   32  STATE:
   33    (I) LONG ISLAND REGION: INCLUDES NASSAU AND SUFFOLK COUNTIES.
   34    (II) LOWER MID-HUDSON REGION: INCLUDES ROCKLAND AND WESTCHESTER  COUN-
   35  TIES.
   36    (III)  NEW  YORK  CITY REGION: INCLUDES BRONX, KINGS, NEW YORK, QUEENS
   37  AND RICHMOND COUNTIES.
   38    (G) "EVACUATION ROUTE" MEANS THOSE ROADS  DESIGNATED  BY  EACH  COUNTY
   39  THAT ARE TO BE USED BY MOTORISTS IN CASE OF A HURRICANE OR OTHER NATURAL
   40  DISASTER.
   41    (H)  "FRANCHISOR" MEANS A PERSON OR COMPANY THAT GRANTS A FRANCHISE TO
   42  A FRANCHISEE.
   43    (I) "GASOLINE" MEANS ANY FUEL SOLD IN THIS STATE FOR USE  IN  INTERNAL
   44  COMBUSTION  ENGINES  WHICH  IS COMMERCIALLY KNOWN OR OFFERED FOR SALE AS
   45  GASOLINE, WHETHER OR NOT BLENDED WITH ETHANOL OR OTHER CHEMICALS.
   46    (J) "MOTOR FUEL" MEANS ANY PETROLEUM PRODUCT, INCLUDING  ANY  GASOLINE
   47  OR  DIESEL  MOTOR  FUEL, WHICH IS USED FOR THE PROPULSION OF MOTOR VEHI-
   48  CLES.
   49    (K) "RETAILER" MEANS ANY PERSON WHO   OWNS, OPERATES,  OR  CONTROLS  A
   50  RETAIL  OUTLET THAT IS SUBJECT TO THE REQUIREMENTS OF SUBDIVISION TWO OF
   51  THIS SECTION.
   52    (L) "RETAIL OUTLET" MEANS A FACILITY, INCLUDING ALL LAND, IMPROVEMENTS
   53  AND ASSOCIATED STRUCTURES AND EQUIPMENT, THAT DISPENSES MOTOR  FUEL  FOR
   54  SALE TO THE GENERAL PUBLIC.
       S. 2608--D                         42                         A. 3008--D

    1    2.  PREWIRING AND TRANSFER SWITCH. (A) RETAIL OUTLETS IN THE DOWNSTATE
    2  REGION SHALL BE PREWIRED WITH AN APPROPRIATE TRANSFER SWITCH  FOR  USING
    3  AN ALTERNATE GENERATED POWER SOURCE AT SUCH RETAIL OUTLETS AS FOLLOWS:
    4    (I)  EACH  RETAIL  OUTLET  IN  OPERATION ON THE EFFECTIVE DATE OF THIS
    5  SECTION THAT IS LOCATED WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN
    6  EXIT ROAD ON A CONTROLLED ACCESS HIGHWAY OR  FROM  AN  EVACUATION  ROUTE
    7  SHALL BE PREWIRED BY NO LATER THAN APRIL FIRST, TWO THOUSAND FOURTEEN;
    8    (II)  EACH  RETAIL OUTLET BEGINNING OPERATION AFTER THE EFFECTIVE DATE
    9  OF THIS SECTION AND BEFORE APRIL FIRST, TWO THOUSAND  FOURTEEN  THAT  IS
   10  LOCATED  WITHIN ONE-HALF MILE BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A
   11  CONTROLLED ACCESS HIGHWAY OR FROM AN EVACUATION ROUTE SHALL BE  PREWIRED
   12  BY NO LATER THAN APRIL FIRST, TWO THOUSAND FIFTEEN;
   13    (III)  EACH RETAIL OUTLET THAT IS LOCATED WITHIN ONE-HALF MILE BY ROAD
   14  MEASUREMENT FROM AN EVACUATION ROUTE THAT IS DESIGNATED  AS  SUCH  AFTER
   15  THE EFFECTIVE DATE OF THIS SECTION OR WITHIN ONE-HALF MILE BY ROAD MEAS-
   16  UREMENT  FROM  AN EXIT ROAD THAT IS ESTABLISHED AFTER THE EFFECTIVE DATE
   17  OF THIS SECTION SHALL BE PREWIRED WITHIN ONE YEAR OF SUCH DESIGNATION OR
   18  ESTABLISHMENT PROVIDED THAT FUNDING IS AVAILABLE AT SUCH  TIME  FOR  THE
   19  PROGRAM ESTABLISHED UNDER SUBDIVISION TWENTY OF SECTION EIGHTEEN HUNDRED
   20  FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW; AND
   21    (IV)  THIRTY PERCENT OF ALL RETAIL OUTLETS THAT ARE PART OF A CHAIN OF
   22  RETAIL OUTLETS, EXCLUSIVE OF THOSE INCLUDED IN SUBPARAGRAPHS  (I),  (II)
   23  AND  (III)  OF THIS PARAGRAPH, SHALL BE PREWIRED BY NO LATER THAN AUGUST
   24  FIRST, TWO THOUSAND FIFTEEN, PROVIDED, HOWEVER, IN THE CASE OF AN EXIST-
   25  ING RETAIL OUTLET THAT BECOMES PART OF A CHAIN OF RETAIL  OUTLETS  AFTER
   26  THE  EFFECTIVE  DATE OF THIS SECTION AND THAT HAS BEEN DESIGNATED BY THE
   27  CHAIN AS AN OUTLET COMPRISING SUCH THIRTY  PERCENT,  BY  NO  LATER  THAN
   28  AUGUST  FIRST,  TWO  THOUSAND FIFTEEN OR ONE YEAR AFTER BECOMING PART OF
   29  SUCH CHAIN, WHICHEVER IS LATER, AND PROVIDED FURTHER, IN THE CASE  OF  A
   30  RETAIL OUTLET THAT IS PART OF A CHAIN OF RETAIL OUTLETS, IS PART OF SUCH
   31  THIRTY  PERCENT  AND  IS SUBJECT TO PARAGRAPH (B) OF THIS SUBDIVISION AS
   32  REQUIRED IN PARAGRAPH (B) OF THIS SUBDIVISION.
   33    (B) EACH RETAIL OUTLET FOR WHICH A BUILDING PERMIT  IS  ISSUED  ON  OR
   34  AFTER  APRIL  FIRST,  TWO  THOUSAND FOURTEEN FOR NEW CONSTRUCTION OR FOR
   35  SUBSTANTIAL DEMOLITION AND RECONSTRUCTION, SHALL  BE  PREWIRED  WITH  AN
   36  APPROPRIATE  TRANSFER  SWITCH  FOR  USING  AN  ALTERNATE GENERATED POWER
   37  SOURCE.
   38    (C) SUCH TRANSFER SWITCH AND ALL ASSOCIATED ELECTRICAL WIRING SHALL BE
   39  INSTALLED, OPERATED, AND MAINTAINED IN COMPLIANCE  WITH  ALL  APPLICABLE
   40  PROVISIONS  OF  THE  NEW YORK STATE UNIFORM FIRE PREVENTION AND BUILDING
   41  CODE OR ANY APPLICABLE LOCAL BUILDING CODE OR STANDARD. INSTALLATION  OF
   42  APPROPRIATE  WIRING  AND  TRANSFER  SWITCHES  SHALL  BE  PERFORMED  BY A
   43  LICENSED ELECTRICAL CONTRACTOR.
   44    (D) EACH RETAILER SHALL KEEP ON FILE AT THE RETAIL  OUTLET  A  WRITTEN
   45  STATEMENT  IN A FORM APPROVED BY THE DEPARTMENT AND CONTAINING AN ATTES-
   46  TATION BY A LICENSED ELECTRICIAN THAT THE  WIRING  AND  TRANSFER  SWITCH
   47  WERE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S SPECIFICATIONS.  IN
   48  ADDITION,  EACH  SUCH  RETAILER  SHALL  MAINTAIN THE WIRING AND TRANSFER
   49  SWITCH IN ACCORDANCE WITH THE MANUFACTURER'S SPECIFICATIONS.
   50    (E) EACH RETAIL OUTLET IN OPERATION ON  THE  EFFECTIVE  DATE  OF  THIS
   51  SECTION  THAT SOLD LESS THAN SEVENTY-FIVE THOUSAND GALLONS OF MOTOR FUEL
   52  PER MONTH ON AVERAGE FOR THE PERIOD THEY WERE IN  OPERATION  DURING  THE
   53  TWELVE  MONTHS  PRIOR  TO  THE  EFFECTIVE  DATE SHALL BE EXEMPT FROM THE
   54  REQUIREMENTS OF THIS SUBDIVISION.
   55    3. EMERGENCY DEPLOYMENT. IN THE EVENT THAT A DECLARATION OF AN  ENERGY
   56  OR FUEL SUPPLY EMERGENCY ISSUED BY THE GOVERNOR, THE COUNTY EXECUTIVE OF
       S. 2608--D                         43                         A. 3008--D

    1  A  COUNTY  IN  THE  DOWNSTATE REGION OR THE MAYOR OF A CITY WITH A POPU-
    2  LATION IN EXCESS OF ONE MILLION INHABITANTS IS IN EFFECT, A RETAILER  OF
    3  A  RETAIL  OUTLET WITHIN ANY SUCH COUNTY OR CITY FOR WHICH SUCH DECLARA-
    4  TION  WAS  ISSUED  SHALL DEPLOY AND INSTALL AN ALTERNATE GENERATED POWER
    5  SOURCE AS FOLLOWS:
    6    (A) FOR A RETAIL OUTLET SUBJECT TO THE REQUIREMENTS OF:  (I)  SUBPARA-
    7  GRAPHS  (I),  (II)  OR (III) OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS
    8  SECTION OR (II) PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION THAT IS
    9  LOCATED IN THE DOWNSTATE REGION AND THAT IS LOCATED WITHIN ONE-HALF MILE
   10  BY ROAD MEASUREMENT FROM AN EXIT ROAD ON A CONTROLLED ACCESS HIGHWAY  OR
   11  FROM  AN EVACUATION ROUTE, WITHIN TWENTY-FOUR HOURS OF SUCH DECLARATION,
   12  IF SUCH OUTLET IS  WITHOUT  POWER  AT  THE  TIME  OF  SUCH  DECLARATION.
   13  PROVIDED,  HOWEVER, IF ANY SUCH OUTLET LOSES POWER FOLLOWING SUCH DECLA-
   14  RATION AND WHILE THE DECLARATION IS STILL IN EFFECT, THEN THE  ALTERNATE
   15  GENERATED   POWER   SOURCE   SHALL  BE  DEPLOYED  AND  INSTALLED  WITHIN
   16  TWENTY-FOUR HOURS OF SUCH LOSS OF POWER.
   17    (B) FOR A RETAIL OUTLET  PREWIRED  PURSUANT  TO  THE  REQUIREMENTS  OF
   18  SUBPARAGRAPH  (IV)  OF PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION,
   19  WITHIN FORTY-EIGHT HOURS OF SUCH DECLARATION, IF SUCH OUTLET IS  WITHOUT
   20  POWER  AT  THE  TIME OF SUCH DECLARATION. PROVIDED, HOWEVER, IF ANY SUCH
   21  OUTLET LOSES POWER FOLLOWING SUCH DECLARATION AND WHILE THE  DECLARATION
   22  IS  STILL  IN EFFECT, THEN THE ALTERNATE GENERATED POWER SOURCE SHALL BE
   23  DEPLOYED AND INSTALLED WITHIN FORTY-EIGHT HOURS OF THE LOSS OF POWER.
   24    3-A. DECLARATION OF ENERGY OR FUEL SUPPLY EMERGENCY.  UPON ISSUANCE OF
   25  A DECLARATION OF AN ENERGY OR FUEL SUPPLY  EMERGENCY  PURSUANT  TO  THIS
   26  SUBDIVISION,  A  COUNTY EXECUTIVE OF A COUNTY IN THE DOWNSTATE REGION OR
   27  MAYOR OF A CITY WITH A POPULATION IN EXCESS OF ONE  MILLION  INHABITANTS
   28  WHO  DECLARED  SUCH EMERGENCY SHALL PROMPTLY NOTIFY THE PRESIDENT OF THE
   29  NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY,  THE  COMMIS-
   30  SIONER  OF  HOMELAND SECURITY AND EMERGENCY SERVICES, AND IMPACTED RESI-
   31  DENTS USING SUCH MEANS AS ARE PRACTICABLE AND EFFICIENT.
   32    4. PLAN FOR ALTERNATE GENERATED POWER SOURCE. EACH RETAILER SUBJECT TO
   33  SUBDIVISION THREE OF THIS SECTION SHALL BY THE DATE OF THE  INSTALLATION
   34  OF  THE  PREWIRING AND TRANSFER SWITCH REQUIRED UNDER SUBDIVISION TWO OF
   35  THIS SECTION HAVE IN PLACE AT EACH APPLICABLE RETAIL  OUTLET  DOCUMENTA-
   36  TION IN A FORM APPROVED BY THE DEPARTMENT DEMONSTRATING A PLAN TO DEPLOY
   37  AND  INSTALL  AN ALTERNATE GENERATED POWER SOURCE LOCATED AT SUCH RETAIL
   38  OUTLET AS REQUIRED UNDER SUBDIVISION THREE OF THIS  SECTION.  SUCH  PLAN
   39  SHALL TAKE ONE OF THE FOLLOWING FORMS:
   40    (A)  A  RECEIPT OR OTHER DOCUMENTATION SHOWING OWNERSHIP OF SUCH POWER
   41  SOURCE;
   42    (B) FOR A RETAILER SUBJECT TO PARAGRAPH (A) OF  SUBDIVISION  THREE  OF
   43  THIS  SECTION,  DOCUMENTATION  ATTESTING TO PARTICIPATION IN THE PROGRAM
   44  ESTABLISHED UNDER SUBDIVISION TWENTY-ONE  OF  SECTION  EIGHTEEN  HUNDRED
   45  FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW; OR
   46    (C)  A  CONTRACT  WITH  A  SUPPLIER OF SUCH POWER SOURCE PROVIDING FOR
   47  DEPLOYMENT AND INSTALLATION OF SUCH POWER SOURCE IN COMPLIANCE WITH  THE
   48  REQUIREMENTS  OF  THIS SECTION, OR OTHER DOCUMENTATION DEMONSTRATING THE
   49  RETAILER'S ABILITY TO COMPLY WITH  THE  REQUIREMENTS  OF  THIS  SECTION,
   50  WHICH  MAY  INCLUDE  THE GENERATOR DEPLOYMENT AND INSTALLATION PLAN OF A
   51  CHAIN OF RETAIL OUTLETS.
   52    5. INSPECTION;  RECORDKEEPING;  REPORTING.  THE  COMMISSIONER  OR  THE
   53  COMMISSIONER'S  DESIGNEE  SHALL  BE  AUTHORIZED  TO ENTER DURING REGULAR
   54  BUSINESS HOURS UPON A RETAIL  OUTLET  SUBJECT  TO  THE  REQUIREMENTS  OF
   55  SUBDIVISION  TWO  OF THIS SECTION FOR THE PURPOSE OF DETERMINING COMPLI-
   56  ANCE WITH THE PROVISIONS OF THIS SECTION AND ANY  RULES  OR  REGULATIONS
       S. 2608--D                         44                         A. 3008--D

    1  PROMULGATED  HEREUNDER.  ALL DOCUMENTS REQUIRED PURSUANT TO SUBDIVISIONS
    2  TWO AND FOUR OF THIS SECTION  SHALL  BE  MAINTAINED  AT  THE  APPLICABLE
    3  RETAIL  OUTLET AND MADE AVAILABLE TO THE COMMISSIONER OR THE COMMISSION-
    4  ER'S  DESIGNEE  UPON  REQUEST.  IN  ADDITION,  EACH RETAILER OF A RETAIL
    5  OUTLET, EXCEPT FOR RETAIL OUTLETS GRANTED EXEMPTIONS UNDER PARAGRAPH (E)
    6  OF SUBDIVISION TWO OF THIS SECTION, SHALL PROVIDE TO THE  DEPARTMENT  BY
    7  APRIL  FIRST, TWO THOUSAND FOURTEEN AND EVERY TWO YEARS THEREAFTER WRIT-
    8  TEN DOCUMENTATION IN A FORM APPROVED BY THE DEPARTMENT  CERTIFYING  THAT
    9  SUCH  RETAIL  OUTLET  IS  IN  COMPLIANCE  WITH  THE REQUIREMENTS OF THIS
   10  SECTION, AND ANY OTHER REQUIREMENT SPECIFIED BY ANY RULES OR REGULATIONS
   11  PROMULGATED HEREUNDER; PROVIDED, HOWEVER, THAT, FOR EACH  RETAIL  OUTLET
   12  THAT  IS PART OF A CHAIN OF RETAIL OUTLETS OR TO WHICH SUBPARAGRAPH (II)
   13  OR (III) OF PARAGRAPH (A) OR PARAGRAPH (B) OF SUBDIVISION  TWO  APPLIES,
   14  SUCH  WRITTEN  DOCUMENTATION  SHALL BE PROVIDED TO THE DEPARTMENT WITHIN
   15  TEN DAYS AFTER THE DATE OF INSTALLATION OF THE  PREWIRING  AND  TRANSFER
   16  SWITCH  REQUIRED  TO  BE INSTALLED UNDER SUBDIVISION TWO OF THIS SECTION
   17  AND EVERY TWO YEARS THEREAFTER.
   18    6. RULES AND REGULATIONS; NOTIFICATION OF APPLICABILITY.  THE  COMMIS-
   19  SIONER SHALL HAVE THE AUTHORITY, WITH THE ASSISTANCE OF THE COMMISSIONER
   20  OF  TRANSPORTATION,  THE COMMISSIONER OF HOMELAND SECURITY AND EMERGENCY
   21  SERVICES, THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
   22  OPMENT AUTHORITY, THE SECRETARY OF STATE AND THE  CHAIR  OF  THE  PUBLIC
   23  SERVICE  COMMISSION,  TO  PROMULGATE  SUCH  RULES AND REGULATIONS AS THE
   24  COMMISSIONER SHALL DEEM NECESSARY TO EFFECTUATE  THE  PURPOSES  OF  THIS
   25  SECTION.  THE  COMMISSIONER  SHALL BY JUNE FIRST, TWO THOUSAND THIRTEEN:
   26  (A) NOTIFY BY FIRST CLASS MAIL ALL EXISTING RETAIL OUTLETS  THAT  APPEAR
   27  TO MEET THE CRITERIA SPECIFIED IN SUBDIVISION TWO OF THIS SECTION OF THE
   28  REQUIREMENTS  OF  THIS  SECTION  AND  INCLUDE WITH SUCH NOTIFICATION ANY
   29  OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER, INCLUDING INFOR-
   30  MATION REGARDING APPLICABILITY CRITERIA, COMPLIANCE MEASURES AND  POTEN-
   31  TIAL  GRANT ASSISTANCE; (B) PROVIDE A LIST OF ALL SUCH RETAIL OUTLETS TO
   32  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE  SPEAKER  OF
   33  THE  ASSEMBLY;  AND  (C) POST SUCH LIST ON THE DEPARTMENT'S WEBSITE.  IF
   34  APPROVAL OF FEDERAL MITIGATION FUNDS OR OTHER APPROVED RESOURCES FOR THE
   35  PROGRAM ESTABLISHED UNDER SUBDIVISION TWENTY OF SECTION EIGHTEEN HUNDRED
   36  FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW OCCURS AFTER  JUNE  FIRST,  TWO
   37  THOUSAND  THIRTEEN,  THE COMMISSIONER SHALL PROVIDE ADDITIONAL NOTIFICA-
   38  TION OF SUCH APPROVAL WITHIN THIRTY DAYS.   ANY  RETAILER  OF  A  RETAIL
   39  OUTLET  SPECIFIED  ON  SUCH LIST SHALL BE SUBJECT TO THE REQUIREMENTS OF
   40  THIS SECTION UNLESS HE OR SHE  PROVIDES  WRITTEN  DOCUMENTATION  TO  THE
   41  DEPARTMENT  BY  AUGUST  FIRST,  TWO  THOUSAND THIRTEEN PROVING THAT SUCH
   42  OUTLET DOES NOT QUALIFY, OR IS ELIGIBLE FOR  AN  EXEMPTION  PURSUANT  TO
   43  PARAGRAPH (E) OF SUBDIVISION TWO OF THIS SECTION. THE COMMISSIONER SHALL
   44  UPDATE  SUCH  LIST EVERY FIVE YEARS THEREAFTER AND NOTIFY ALL NEW RETAIL
   45  OUTLETS THAT  BECOME  SUBJECT  TO  THE  REQUIREMENTS  OF  THIS  SECTION;
   46  PROVIDED, HOWEVER, THAT COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION
   47  IS NOT CONDITIONED ON SUCH NOTIFICATION.
   48    7.  VIOLATIONS  AND PENALTIES. ANY RETAILER WHO VIOLATES ANY PROVISION
   49  OF THIS SECTION, OR ANY RULE OR REGULATION PROMULGATED HEREUNDER,  SHALL
   50  BE  LIABLE  TO  THE PEOPLE OF THE STATE FOR A CIVIL PENALTY OF UP TO ONE
   51  THOUSAND FIVE HUNDRED DOLLARS PER DAY FOR EVERY SUCH  VIOLATION,  TO  BE
   52  ASSESSED BY THE COMMISSIONER, AFTER A HEARING OR OPPORTUNITY TO BE HEARD
   53  UPON  DUE  NOTICE  AND  WITH THE RIGHT TO REPRESENTATION BY COUNSEL.  IN
   54  DETERMINING THE AMOUNT OF CIVIL PENALTY,  THE  COMMISSIONER  SHALL  TAKE
   55  INTO CONSIDERATION MITIGATING FACTORS, SUCH AS THE AVAILABILITY OF GASO-
   56  LINE  AT  THE  RETAIL  OUTLET, PROVIDED THAT THE RETAILER DID NOT REFUSE
       S. 2608--D                         45                         A. 3008--D

    1  SUCH DELIVERY, AND THE EXTENT TO WHICH THE RETAILER'S ACTION OR INACTION
    2  CONTRIBUTED TO THE VIOLATION.   SUCH PENALTY  MAY  BE  RECOVERED  IN  AN
    3  ACTION BROUGHT BY THE ATTORNEY GENERAL AT THE REQUEST AND IN THE NAME OF
    4  THE  COMMISSIONER  IN  ANY  COURT  OF COMPETENT JURISDICTION. SUCH CIVIL
    5  PENALTY MAY BE RELEASED OR COMPROMISED BY THE  COMMISSIONER  BEFORE  THE
    6  MATTER  HAS  BEEN  REFERRED TO THE ATTORNEY GENERAL. ADDITIONALLY, AFTER
    7  SUCH  HEARING  AND  A  FINDING  THAT  SUCH  RETAILER  HAS  VIOLATED  THE
    8  PROVISIONS  OF  THIS  SECTION,  OR OF ANY RULE OR REGULATION PROMULGATED
    9  THEREUNDER, THE COMMISSIONER MAY ISSUE AND CAUSE TO BE SERVED UPON  SUCH
   10  PERSON AN ORDER ENJOINING SUCH PERSON FROM VIOLATING SUCH PROVISIONS AND
   11  TAKING  ALL  NECESSARY  ACTIONS  FOR SUCH PERSON TO COME INTO COMPLIANCE
   12  WITH SUCH PROVISIONS.   ANY  SUCH  ORDER  OF  THE  COMMISSIONER  MAY  BE
   13  ENFORCED IN AN ACTION BROUGHT BY THE ATTORNEY GENERAL AT THE REQUEST AND
   14  IN THE NAME OF THE COMMISSIONER IN ANY COURT OF COMPETENT JURISDICTION.
   15    NOTWITHSTANDING THE FOREGOING, SUCH RETAILER SHALL NOT BE IN VIOLATION
   16  OF  SUBDIVISION  THREE OF THIS SECTION IF HE OR SHE IS UNABLE TO DEPLOY,
   17  INSTALL OR OPERATE AN ALTERNATE GENERATED POWER SOURCE BECAUSE OF UNCON-
   18  TROLLABLE CIRCUMSTANCES, INCLUDING  BUT  NOT  LIMITED  TO,  RESTRICTIONS
   19  IMPOSED  BY  PUBLIC SAFETY OFFICERS TO ADDRESS AN EMERGENCY SITUATION OR
   20  THAT SUCH RETAIL STATION IS MADE UNSAFE OR UNABLE TO OPERATE DUE TO ACTS
   21  OF GOD, FIRES, FLOODS, EXPLOSIONS OR THE SAFETY OF PERSONNEL  NEEDED  TO
   22  OPERATE SUCH RETAIL OUTLET.  ADDITIONALLY, SUCH RETAILER SHALL NOT BE IN
   23  VIOLATION OF SUBDIVISION THREE OF THIS SECTION IF HE OR SHE IS A PARTIC-
   24  IPANT IN THE PROGRAM ESTABLISHED UNDER SUBDIVISION TWENTY-ONE OF SECTION
   25  EIGHTEEN  HUNDRED FIFTY-FOUR OF THE PUBLIC AUTHORITIES LAW AND A GENERA-
   26  TOR IS NOT PROVIDED TO THE RETAILER DUE TO  THE  PRIORITIZATION  ALLOWED
   27  UNDER SUCH SUBDIVISION OR THROUGH NO FAULT OF THE RETAILER.
   28    8.  THIS  SECTION  SHALL  NOT  BE CONSTRUED TO REQUIRE ANY RETAILER TO
   29  MAINTAIN SET BUSINESS HOURS IN THE EVENT OF AN  ENERGY  OR  FUEL  SUPPLY
   30  EMERGENCY.
   31    9.  THE  PROVISIONS  OF THIS SECTION SHALL SUPERSEDE ALL LOCAL LAWS OR
   32  ORDINANCES IN THE DOWNSTATE REGION  RELATING  TO  THE  INSTALLATION  AND
   33  DEPLOYMENT  OF  AN ALTERNATE GENERATED POWER SOURCE OR ANY RELATED ELEC-
   34  TRICAL OR OTHER EQUIPMENT AT ANY RETAIL OUTLET.
   35    10. THE REQUIREMENTS OF  THIS  SECTION  SHALL  BE  CONTINGENT  ON  THE
   36  APPROVAL OF FEDERAL MITIGATION FUNDS OR OTHER APPROVED RESOURCES FOR THE
   37  PROGRAM ESTABLISHED UNDER SUBDIVISION TWENTY OF SECTION EIGHTEEN HUNDRED
   38  FIFTY-FOUR  OF  THE  PUBLIC AUTHORITIES LAW.  IN THE EVENT SUCH APPROVAL
   39  DOES NOT OCCUR AS OF JUNE FIRST, TWO THOUSAND  THIRTEEN,  ALL  DEADLINES
   40  WITH  A  DATE  OF APRIL FIRST, TWO THOUSAND FOURTEEN SHALL BE DELAYED BY
   41  THE AMOUNT OF TIME SUCH APPROVAL IS DELAYED PAST JUNE FIRST,  TWO  THOU-
   42  SAND THIRTEEN.
   43    S  3.  Section 1854 of the public authorities law is amended by adding
   44  two new subdivisions 20 and 21 to read as follows:
   45    20. TO ADMINISTER A PROGRAM, USING FUNDS PROVIDED FOR SUCH PURPOSE, TO
   46  PROVIDE A GRANT BASED ON STANDARDS AND  GUIDELINES  ESTABLISHED  BY  THE
   47  AUTHORITY FOR COSTS AS FOLLOWS:
   48    (A)  FOR  EACH  RETAIL OUTLET THAT IS IN OPERATION BEFORE APRIL FIRST,
   49  TWO THOUSAND FOURTEEN AND IS SUBJECT TO THE  REQUIREMENTS  OF  PARAGRAPH
   50  (A)  OF  SUBDIVISION  THREE  OF  SECTION ONE HUNDRED NINETY-TWO-H OF THE
   51  AGRICULTURE AND MARKETS LAW:
   52    (I) NO GREATER THAN TEN THOUSAND  DOLLARS  REQUIRED  TO  PREWIRE  SUCH
   53  RETAIL OUTLET WITH AN APPROPRIATE TRANSFER SWITCH FOR USING AN ALTERNATE
   54  GENERATED POWER SOURCE AS DEFINED IN SECTION ONE HUNDRED NINETY-TWO-H OF
   55  THE AGRICULTURE AND MARKETS LAW; OR
       S. 2608--D                         46                         A. 3008--D

    1    (II)  NO  GREATER  THAN  THIRTEEN THOUSAND DOLLARS REQUIRED TO PREWIRE
    2  SUCH RETAIL OUTLET WITH AN APPROPRIATE  TRANSFER  SWITCH  FOR  USING  AN
    3  ALTERNATE GENERATED POWER SOURCE AS DEFINED IN SECTION ONE HUNDRED NINE-
    4  TY-TWO-H  OF  THE  AGRICULTURE  AND  MARKETS LAW AND PURCHASE SUCH POWER
    5  SOURCE TO BE PERMANENTLY AFFIXED AT THE SITE.
    6    (B)  FOR  EACH  RETAIL OUTLET THAT IS IN OPERATION BEFORE APRIL FIRST,
    7  TWO THOUSAND FOURTEEN AND IS SUBJECT TO THE  REQUIREMENTS  OF  PARAGRAPH
    8  (B)  OF  SUBDIVISION  THREE  OF  SECTION ONE HUNDRED NINETY-TWO-H OF THE
    9  AGRICULTURE AND MARKETS  LAW,  NO  GREATER  THAN  TEN  THOUSAND  DOLLARS
   10  REQUIRED  TO:  (I) PREWIRE AN EXISTING RETAIL OUTLET WITH AN APPROPRIATE
   11  TRANSFER SWITCH FOR USING AN ALTERNATE GENERATED POWER SOURCE AS DEFINED
   12  IN SECTION ONE HUNDRED NINETY-TWO-H OF THE AGRICULTURE AND MARKETS  LAW;
   13  AND/OR  (II) PURCHASE SUCH POWER SOURCE TO BE PERMANENTLY AFFIXED AT THE
   14  SITE.
   15    (C) TO THE EXTENT FUNDS ARE AVAILABLE, FOR RETAIL OUTLETS THAT  BECOME
   16  OPERATIONAL  ON OR AFTER APRIL FIRST, TWO THOUSAND FOURTEEN, OR TO WHICH
   17  SUBDIVISION TWO OF SECTION ONE HUNDRED NINETY-TWO-H OF  THE  AGRICULTURE
   18  AND  MARKETS  LAW  BECOMES  APPLICABLE  AFTER THE EFFECTIVE DATE OF THIS
   19  SUBDIVISION, WHICH  GRANTS  SHALL  OTHERWISE  BE  SUBJECT  TO  THE  SAME
   20  AMOUNTS,  PURPOSES  AND  RESTRICTIONS  AS PARAGRAPHS (A) AND (B) OF THIS
   21  SUBDIVISION.
   22    THE AUTHORITY MAY OFFER ANY FUNDS PROVIDED FOR SUCH  PURPOSE  AND  NOT
   23  EXPENDED  TO  RETAIL  OUTLETS  THAT  ARE NOT REQUIRED TO COMPLY WITH THE
   24  REQUIREMENTS OF SUBDIVISION TWO OF SECTION ONE HUNDRED  NINETY-TWO-H  OF
   25  THE  AGRICULTURE  AND  MARKETS  LAW BUT THAT SEEK TO PARTICIPATE IN SUCH
   26  PROGRAM.
   27    21. TO ADMINISTER A PROGRAM TO ESTABLISH  A  POOL  OF  GENERATORS  FOR
   28  RETAIL  OUTLETS  AS  DEFINED  IN SECTION ONE HUNDRED NINETY-TWO-H OF THE
   29  AGRICULTURE AND MARKETS LAW. THE AUTHORITY MAY ENTER INTO OR  FACILITATE
   30  CONTRACTS,  LEASE  AGREEMENTS  AND  ANY OTHER INSTRUMENTS SUBJECT TO THE
   31  PROVISIONS OF LAW, WITH COMPANIES  PROVIDING  GENERATORS  AND  GENERATOR
   32  SERVICES TO PROVIDE FOR SUCH POOL AND THE DEPLOYMENT AND INSTALLATION OF
   33  GENERATORS  IN THE POOL. RETAIL OUTLETS THAT ELECT TO PARTICIPATE IN THE
   34  PROGRAM AND ARE SUBJECT TO THE REQUIREMENTS OF PARAGRAPH (A) OF SUBDIVI-
   35  SION THREE OF SECTION ONE HUNDRED NINETY-TWO-H OF  THE  AGRICULTURE  AND
   36  MARKETS  LAW  SHALL BE REQUIRED ONLY TO PAY THE ACTUAL COST OF GENERATOR
   37  RENTAL, DEPLOYMENT AND INSTALLATION IN THE EVENT THAT EMERGENCY  DEPLOY-
   38  MENT  IS  REQUIRED, PROVIDED, THAT A PARTICIPANT MUST ABIDE BY THE TERMS
   39  OF ANY CONTRACT OR WRITTEN AGREEMENT COVERING THE RENTAL, DEPLOYMENT AND
   40  INSTALLATION OF SUCH GENERATOR.   IN  THE  EVENT  THAT  AN  INSUFFICIENT
   41  NUMBER OF GENERATORS IS AVAILABLE TO MEET REQUIRED EMERGENCY DEPLOYMENT,
   42  THE AUTHORITY IN CONSULTATION WITH THE COMMISSIONER OF HOMELAND SECURITY
   43  AND  EMERGENCY SERVICES SHALL PRIORITIZE SUCH RETAIL OUTLETS AS ARE MOST
   44  ESSENTIAL TO PUBLIC SAFETY AND WELL-BEING  DURING  THE  ENERGY  OR  FUEL
   45  SUPPLY  EMERGENCY.  WHEN  GENERATORS FROM SUCH PROGRAM ARE DEPLOYED, THE
   46  AUTHORITY SHALL PROVIDE PUBLIC NOTICE ON ITS WEBSITE, TO THE  MEDIA  AND
   47  THROUGH OTHER MEANS PRACTICABLE OF THOSE RETAIL OUTLETS WHERE GENERATORS
   48  ARE DEPLOYED.
   49    S  4.  The  New  York  state energy research and development authority
   50  shall conduct a study evaluating the  efficacy  of  potential  alternate
   51  generated  power  source  provisions at retail gasoline outlets that are
   52  located outside of the downstate region as defined in section  192-h  of
   53  the agriculture and markets law.  In conducting such study, the authori-
   54  ty shall solicit public input and consult with residents of such region,
   55  local  elected  officials,  emergency preparedness and response experts,
   56  retail gasoline outlet owners and operators, members of  other  affected
       S. 2608--D                         47                         A. 3008--D

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

   12                                   PART T

   13    Section 1.  The New York state energy research and development author-
   14  ity, in consultation with the department of public service and the divi-
   15  sion  of  homeland security and emergency services, shall develop recom-
   16  mendations regarding the establishment of microgrids in the state of New
   17  York. For purposes of this act, the term "microgrid" shall mean a  group
   18  of  interconnected loads and distributed energy resources within clearly
   19  defined electrical boundaries that acts as a single controllable  entity
   20  with respect to the grid and can connect and disconnect from the grid to
   21  enable  it  to  operate  in both grid-connected or island-mode.  Specif-
   22  ically, the authority shall develop recommendations which  include,  but
   23  are not limited to, the following:
   24    (a)  Whether  hospitals,  first responder headquarters, such as police
   25  and fire stations, emergency shelters, schools, water filtration plants,
   26  sewage treatment plants, municipalities, commercial entities, and  other
   27  locations in the state of New York may desire to collaborate on success-
   28  ful microgrids;
   29    (b) The geographic areas in the state of New York where the establish-
   30  ment  of  such  microgrids should be a priority, based upon severe storm
   31  damage during the two years prior to the effective date of this act;
   32    (c) the regulatory structure under which microgrid systems would oper-
   33  ate;
   34    (d) how the operation of microgrids would  conform  with  the  current
   35  requirements  of utilities to provide safe and adequate service to rate-
   36  payers;
   37    (e) the type of microgrid projects that may be implemented, including,
   38  but not limited to, distributed generation, combined heat and power;  or
   39  utilizing renewable technologies such as fuel cells, wind, solar, energy
   40  storage, or other energy systems;
   41    (f)  the  technical  and  regulatory aspect of how a microgrid will be
   42  interconnected to the power grid;
   43    (g) the adequacy of a microgrid system to operate in  emergency  situ-
   44  ations  and  that proper protections are in place to ensure operation in
   45  the event of an emergency situation; and
   46    (h) funding mechanisms that should be considered in order to  pay  for
   47  the establishment, operation and maintenance of such microgrids, includ-
   48  ing  a  cost  benefit analysis for the development and implementation of
   49  microgrids.
   50    S 2. The authority shall submit a final report of  recommendations  to
   51  the  governor,  the temporary president of the senate and the speaker of
   52  the assembly within one year after the effective date of this act.
   53    S 3. This act shall take effect immediately.
       S. 2608--D                         48                         A. 3008--D

    1                                   PART U

    2    Section  1.  Subdivisions  3  and 5 of section 19-0323 of the environ-
    3  mental conservation law, subdivision 3 as amended by section 1  of  part
    4  EE  of  chapter  58  of  the  laws of 2012 and subdivision 5 as added by
    5  section 1 of part C of chapter 59 of the laws of 2010,  are  amended  to
    6  read as follows:
    7    3. Any diesel powered heavy duty vehicle that is owned by, operated by
    8  or  on  behalf  of,  or  leased by a state agency and state and regional
    9  public authority with more than half of its governing body appointed  by
   10  the  governor  shall  utilize the best available retrofit technology for
   11  reducing the emission of pollutants. The commissioner  shall  promulgate
   12  regulations  for  the implementation of this subdivision specifying that
   13  all vehicles covered by  this  subdivision  shall  have  best  available
   14  retrofit technology on or before December 31, [2013] 2014.
   15    This  subdivision shall not apply to any vehicle subject to a lease or
   16  public works contract entered into or renewed  prior  to  the  effective
   17  date of this section.
   18    5.  In addition to any waiver which may be issued pursuant to subdivi-
   19  sion four of this section, the department shall  issue  a  waiver  to  a
   20  state  agency, a state or regional public authority, or a person operat-
   21  ing any diesel-powered heavy duty vehicle on behalf of a  state  agency,
   22  state  or regional public authority, upon a request in a form acceptable
   23  to the department for a waiver from the provisions of subdivision  three
   24  of  this  section for a vehicle engine provided that such vehicle engine
   25  will cease to be used in the state on or before  December  thirty-first,
   26  two  thousand  [thirteen] FOURTEEN.   Any waiver issued pursuant to this
   27  subdivision shall expire when a state agency, a state or regional public
   28  authority, or a person operating any diesel-powered heavy  duty  vehicle
   29  on  behalf  of a state agency, state or regional public authority ceases
   30  to use the engine in the state but not later than December thirty-first,
   31  two thousand [thirteen] FOURTEEN.
   32    S 2. This act shall take effect immediately.

   33                                   PART V

   34    Section 1.  Paragraph (f) of subdivision 2  of  section  14-l  of  the
   35  transportation  law,  as  added by section 2 of part H of chapter 413 of
   36  the laws of 1999, is amended to read as follows:
   37    (f) No grant or loan to any eligible applicant shall exceed the sum of
   38  [three hundred thousand] ONE MILLION dollars, and no part  of  any  such
   39  grant  or  loan  shall  be  used  for salaries or for services regularly
   40  provided by the applicant for administrative costs  in  connection  with
   41  such grant or loan.
   42    S 2. This act shall take effect immediately.
   43    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   44  sion,  section  or  part  of  this act shall be adjudged by any court of
   45  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   46  impair,  or  invalidate  the remainder thereof, but shall be confined in
   47  its operation to the clause, sentence, paragraph,  subdivision,  section
   48  or part thereof directly involved in the controversy in which such judg-
   49  ment shall have been rendered. It is hereby declared to be the intent of
   50  the  legislature  that  this  act  would  have been enacted even if such
   51  invalid provisions had not been included herein.
       S. 2608--D                         49                         A. 3008--D

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