A03008 Summary:

BILL NO    A03008B

SAME AS    SAME AS UNI. S02008-B

SPONSOR    Budget

COSPNSR    

MLTSPNSR   

Amd Various Laws, generally

Relates to the effectiveness of motor vehicle transaction fees and certain
costs relating to the department of motor vehicles; relates to fees for motor
carriers; relates to mass transportation payments including Ontario county to
the Rochester-Genesee Regional Transportation District; creates a transit
assistance for capital investments fund; authorizes the department of
transportation to defer reductions in service payments for two years;
authorizes shared services agreements between the department of transportation
and the New York state thruway authority; relates to the issuance of commercial
learner's permits and the disqualification of commercial driver's licenses and
commercial learner's permits; decreases state responsibility for certain costs
incurred by the New York state thruway authority; extends certain provisions
relating to the empire state economic development fund; extends provisions
relating to the powers of the New York state urban development corporation to
make loans; extends provisions relating to the minority- and women-owned
business enterprise disparity study; relates to the effectiveness of article
15-A of the executive law; extends certain authority of the dormitory authority
of the state of New York; extends provisions 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; eliminates certain fees charged for an apartment information
vendor license; eliminates certain license fees in the agriculture and markets
law; relates to license fees and surcharges for the transfer of petroleum
between vessels, between facilities and vessels and between facilities, whether
onshore or offshore; relates to operating permit program fees, state air
quality control fees and state pollutant discharge elimination system program
fees; establishes a habitat conservation and access account; establishes a ten
year period of probable usefulness for municipally owned omnibus or surface
transit motor vehicles; directs the city of Buffalo to adjudicate traffic
infractions; relates to certain penalties and forfeited security collected by
the city of Buffalo and granting a traffic violations agency certain powers;
establishes the Buffalo traffic violations agency; relates to the justice court
fund; relates to a trial by a judicial officer; requires the executive director
of the Buffalo traffic violations agency to annually issue a report on the
progress, development and operations of such agency; extends the effectiveness
of the "Cleaner, Greener NY Act of 2013"; relates to a farm drain tile
revolving loan fund program; relates to the eligible use of the beginning
farmers NY fund; relates to the effectiveness of the New York state health
insurance continuation assistance demonstration project; relates to term
appointments for eligible, high-demand ITS positions without examination;
relates to retrofit technology for diesel-fueled vehicles; relates to the
effectiveness relating to the recovery of exempt income by the office of mental
health for community residences and family-based treatment programs; authorizes
contracts for the provision of special education and related services for
certain patients hospitalized in hospitals operated by the office of mental
health; relates to the effectiveness of certain provisions relating to the
receipt of federal and state benefits received by individuals receiving care in
facilities operated by an office of the department of mental hygiene; provides
professional services to individuals with developmental disabilities in
non-certified settings; relates to the exemption of the nurse practice act for
direct care staff in non-certified settings funded, authorized or approved by
the office for people with developmental disabilities; relates to services and
needs assessments; clarifies the authority of the commissioners in the
department of mental hygiene to design and implement time-limited demonstration
programs; eliminates the duplication of regulatory efforts between the
department of health and the office for people with developmental disabilities
associated with rates and fees received by OPWDD providers; establishes a
transportation assessment for people with developmental disabilities and other
populations; relates to the office for people with developmental disabilities
omnibus reporting; relates to NYSERDA reporting and Green Jobs NY.
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A03008 Actions:

BILL NO    A03008B

01/21/2015 referred to ways and means
03/27/2015 amend (t) and recommit to ways and means
03/27/2015 print number 3008a
03/27/2015 amend (t) and recommit to ways and means
03/27/2015 print number 3008b
03/30/2015 reported referred to rules
03/30/2015 reported 
03/30/2015 rules report cal.16
03/30/2015 ordered to third reading rules cal.16
03/30/2015 motion to amend lost
03/30/2015 motion to amend lost
03/30/2015 passed assembly
03/30/2015 delivered to senate
03/30/2015 REFERRED TO FINANCE
03/30/2015 SUBSTITUTED FOR S2008B
03/30/2015 PASSED SENATE
03/30/2015 RETURNED TO ASSEMBLY
04/01/2015 delivered to governor
04/13/2015 signed chap.58
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A03008 Votes:

A03008B03/30/2015 129/19
AbbateYClarkERGanttYKimYMorelleYRiveraYStecY
AbinantYColtonYGarbariNOKolbYMosleyYRobertsYSteckY
ArroyoYCookYGiglioYLalorNOMoyaYRobinsoYStirpeY
AubryYCorwinYGjonajYLavineYMurrayNORodriguYTediscoY
BarclayYCrespoYGlickYLawrencNONojayNORosenthYTenneyNO
BarrettYCrouchYGoldfedYLentolYNolanYRozicYThieleY
BarronYCurranYGoodellYLiftonYOaksNORussellYTitoneY
BenedetYCusickYGottfriYLinaresYO'DonneYRyanYTitusY
BichottYCymbrowYGrafNOLopezYOrtizYSaladinYWalkerY
BlakeYDavilaYGuntherYLupardoYOtisYSantabaYWalterY
BlankenYDenDekkYHawleyYLupinacYPalmesaNOScarborYWeinsteY
BorelliNODilanYHevesiYMageeYPalumboYSchimelYWeprinY
BrabeneYDinowitYHikindNOMagnareYPaulinYSchimmiYWoernerY
BraunstYDiPietrNOHooperYMalliotNOPeoplesYSeawrigYWozniakY
BrennanYDupreyYJaffeeYMarkeyYPerryYSepulveYWrightY
BrindisYEnglebrYJean-PiYMayerYPersaudYSilverYZebrowsY
BronsonYFahyYJohnsYMcDonalYPichardYSimanowYMr SpkrY
Brook-KYFarrellYJoynerYMcDonouNOPretlowYSimonY
BuchwalYFinchNOKaminskYMcKevitYQuartYSimotasY
ButlerNOFitzpatYKatzNOMcLaughYRaNOSkartadY
CahillYFriendNOKavanagYMillerYRaiaYSkoufisY
CerettoYGalefYKearnsYMontesaYRamosYSolagesY

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A03008 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3008B
 
SPONSOR: Budget
  TITLE OF BILL: An act to amend part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof; and to amend chapter 84 of the laws of 2002, amending the state finance law relating to the costs of the department of motor vehicles, in relation to extending the effectiveness thereof (Part A); intentionally omitted (Part B); to amend the transportation law, in relation to fees for motor carriers; and to repeal certain provisions of such law relating thereto (Part C); to amend chapter 413 of the laws of 1999, relating to providing for mass transportation payments, in relation to including Ontario county to the Rochester-Gene- see Regional Transportation District (Part D); to amend the state finance law, in relation to creating a transit assistance for capital investments fund (Part E); authorizing the department of transportation to defer reductions in service payments for two years (Part F); to amend the public authorities law, the highway law, and the public officers law, in relation to authorizing shared services agreements between the department of transportation and the New York state thruway authority (Part G); intentionally omitted (Part H); to amend the vehicle and traf- fic law, the criminal procedure law and the transportation law, in relation to the issuance of commercial learner's permits and the disqualification of commercial driver's licenses and commercial learner's permits (Part I); to amend the public authorities law, in relation to decreasing state responsibility for certain costs incurred by the New York state thruway authority (Part J); intentionally omitted (Part K); intentionally omitted (Part L); to amend the New York state urban development corporation act, in relation to extending certain provisions relating to the empire state economic development fund (Part M); to amend chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, in relation to the effectiveness thereof (Part N); to authorize and direct the New York state energy research and development authority to make a payment to the general fund of up to $913,000 (Part O); to authorize the New York state energy research and development authority to finance a portion of its research, development and demonstration and policy and planning programs, and to finance the department of environmental conservation's climate change program, from an assessment on gas and electric corporations (Part P); to amend the executive law, in relation to extending certain provisions relating to the minority- and women- owned business enterprise disparity study; and to amend chapter 261 of the laws of 1988 amending the state finance law and other laws relating to the New York infrastructure trust fund, in relation to the effective- ness of article 15-A of the executive law (Part Q); to authorize the department of health to finance certain activities with revenues gener- ated from an assessment on cable television companies (Part R); to amend chapter 58 of the laws of 2012 amending the public authorities law relating to authorizing the dormitory authority to enter into certain design and construction management agreements, in relation to extending certain authority of the dormitory authority of the state of New York (Part S); to amend chapter 21 of the laws of 2003, amending the execu- tive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part T); to amend the real property law, in relation to eliminating certain fees charged for an apartment information vendor license (Part U); to amend the agri- culture and markets law, in relation to eliminating certain license fees (Part V); to amend part B of chapter 173 of the laws of 2013 relating to the issuance of securitized restructuring bonds to refinance the outstanding debt of the Long Island power authority, in relation to the issuance of securitized restructuring bonds to refinance outstanding debt of the Long Island power authority; and to amend part A of chapter 173 of the laws of 2013, amending the public service law, the public authorities law, the executive law and the education law relating to the powers and duties of the department of public service and the Long Island power authority, in relation to repowering (Part W); to amend the navigation law and the state finance law, in relation to license fees and surcharges for the transfer of petroleum between vessels, between facilities and vessels, and between facilities, whether onshore or offshore (Part X); to amend the environmental conservation law, in relation to operating permit program fees, state air quality control fees and state pollutant discharge elimination system program fees (Part Y); intentionally omitted (Part Z); to amend the state finance law and the environmental conservation law, in relation to establishing a habi- tat conservation and access account; and to repeal certain provisions of the state finance law relating thereto (Part AA); to amend the local finance law, in relation to establishing a ten year period of probable usefulness for municipally owned omnibus or surface transit motor vehi- cles (Part BB); to amend the vehicle and traffic law, in relation to directing the city of Buffalo to adjudicate traffic infractions; and in relation to certain penalties and forfeited security collected by the city of Buffalo and granting a traffic violations agency certain powers; to amend the general municipal law, in relation to establishing the Buffalo traffic violations agency; to amend the state finance law, in relation to the justice court fund; to amend the criminal procedure law, in relation to a trial by judicial hearing officer; and requires the executive director of the Buffalo traffic violations agency to annually issue a report on the progress, development and operations of such agen- cy (Part CC); to amend part F of chapter 58 of the laws of 2013 amending the environmental conservation law and the state finance law relating to the "Cleaner, Greener NY Act of 2013", in relation to extending the effectiveness thereof (Part DD); to amend the soil and water conserva- tion districts law, in relation to a farm drain tile revolving loan fund program (Part EE); to amend the New York state urban development corpo- ration act, in relation to eligible use of the beginning farmers NY fund (Part FF); to amend chapter 495 of the laws of 2004 amending the insur- ance law and the public health law relating to the New York state health insurance continuation assistance demonstration project, in relation to the effectiveness thereof (Part GG); relating to term appointments for eligible, high-demand ITS positions without examination (Part HH); to amend the environmental conservation law, in relation to retrofit tech- nology for diesel-fueled vehicles (Part II); to amend part D of chapter 111 of the laws of 2010 relating to the recovery of exempt income by the office of mental health for community residences and family-based treat- ment programs, in relation to the effectiveness thereof (Part JJ); to amend the education law, in relation to authorizing contracts for the provision of special education and related services for certain patients hospitalized in hospitals operated by the office of mental health; and to amend part M of chapter 56 of the laws of 2012 amending the education law, relating to authorizing contracts for the provision of special education and related services for certain patients hospitalized in hospitals operated by the office of mental health, in relation to the effectiveness thereof (Part KK); to amend part A of chapter 111 of the laws of 2010 amending the mental hygiene law relating to the receipt of federal and state benefits received by individuals receiving care in facilities operated by an office of the department of mental hygiene, in relation to the effectiveness thereof (Part LL); to amend the social services law, the executive law and the mental hygiene law, in relation to providing professional services to individuals with developmental disabilities in non-certified settings; in relation to the exemption of the nurse practice act for direct care staff in non-certified settings funded, authorized or approved by the office for people with develop- mental disabilities; in relation to services and needs assessments; and to repeal certain provisions of the mental hygiene law relating thereto (Part MM); to amend the mental hygiene law, in relation to clarifying the authority of the commissioners in the department of mental hygiene to design and implement time-limited demonstration programs; and provid- ing for the repeal of such provisions upon expiration thereof (Part NN); to amend the mental hygiene law, in relation to eliminating the dupli- cation of regulatory efforts between the department of health and the office for people with developmental disabilities associated with rates and fees received by OPWDD providers; and to repeal certain provisions of such law relating thereto (Part OO); in relation to establishing a transportation assessment for people with developmental disabilities and other populations (Part PP); relating to the office for people with developmental disabilities omnibus reporting and providing for the repeal of such provision upon expiration thereof (Part QQ); to amend the public authorities law, in relation to semi-annual reports (Part RR); and requiring the New York state energy research and development author- ity to develop standards and/or criteria that will encourage and increase issuance of loans to low-to-moderate income households for qualified energy efficiency services (Part SS)   SUMMARY: This bill would enact into law major components of legis- lation that are necessary to implement the Transportation, Environment and Economic Development budgets for the 2015-16 State Fiscal Year. Among its provisions are the following proposals: A Modify to make permanent certain provisions of law relating to the revenues and expenses of the Dedicated Highway and Bridge Trust Fund and the Dedicated Mass Transportation Trust Fund. B Intentionally omitted. C Repeal the Intrastate Authority Application Fee and authorize the Department of Transportation to charge safety inspection fees for certain types of vehicles. D Include the Ontario County Transit System within the Rochester-Genesee Regional Transportation Authority district. E Create the Transit Assistance for Capital Investments Fund. F Authorize the Commissioner of Transportation to extend the "hold-harm- less" provision of the Statewide Mass Transportation Operating Assist- ance program for one additional year. G Modify to authorize the Department of Transportation and the New York State Thruway Authority to provide mutual aid and enter into shared services agreements with each other. H Intentionally omitted. I Modify to bring New York State into compliance with federal regu- lations regarding commercial learners' permits. J Reduce funding for State expenses previously paid by the Thruway Authority. K Intentionally omitted. L Intentionally omitted. M Extend the authorization of the New York State Urban Development Corporation to administer the Empire State Economic Development Fund. N Extend the general loan powers of the New York State Urban Development Corporation. O Authorize and direct the Comptroller to receive for deposit to the credit of the General Fund a payment of up to $913,000 from the New York State Energy Research and Development Authority. P Modify to authorize the New York State Energy Research and Development Authority to finance a portion of its research, development and demon- stration, and policy and planning programs, and to finance the Depart- ment of Environmental Conservation's climate change program, from an assessment on gas and electric corporations. Q Modify to extend the authorization for the Minority- and Women-owned Business Enterprise statutes and the due date of the Disparity Study. R Authorize the Department of Health to finance certain activities with revenues generated from an assessment on cable television companies. S Extend the authorization for the Dormitory Authority of the State of New York to enter into certain design and construction management agree- ments. T Extend for one year the authority of the Secretary of State to charge increased fees for expedited handling of documents. U Eliminate the fee associated with licensing apartment information vendors/sharing agents. V Repeal nuisance fees and restructure license periods for certain licenses administered by the Department of Agriculture and Markets. W Modify to reduce the cost of Long Island Power Authority's debt and a LI repowering study. X Modify to increase license fees and surcharges for major facilities which store or transfer petroleum and shift the administration of the Environmental Protection and Spill Compensation Fund from the Office of the State Comptroller to the Department of Environmental Conservation. Y Increase and simplify fees to ensure that sufficient funds are avail- able for Department of Environmental Conservation program management. Z Intentionally omitted. AA Modify to create a new Habitat Conservation and Access account to support fish and wildlife habitat management and public access projects. BB Increase the number of years a municipal transit system may finance bus purchases from five years to ten years. CC Establish the Buffalo Traffic Violations Agency. DD Extend the authority of certain counties to enforce certain provisions of the bottle bill law. EE Create the Farm Drain Tile Revolving Loan Program. FF Modify the Beginning Farmers NY Fund. GG Authorize the Entertainment Workers Insurance Program extender. HH Implement changes supporting the previous consolidation of informa- tion technology staff and services within the Office of Information Technology Services. II Delay for one year implementation of the Diesel Emissions Reduction Act (DERA). JJ Authorize the Office of Mental Health to continue to recover Medicaid exempt income from providers of community residences. KK Extend pilot program to restructure educational services for children and youth residing in Office of Mental Health hospitals. LL Authorize the Office of Mental Health facility directors who act as representative payees to continue to use funds for care and treatment consistent with federal law and regulations. MM Make technical amendments required to implement the expansion of the Nurse Practice Act exemption for direct care staff in non-certified settings funded, authorized or approved by the Office for People with Developmental Disabilities (OPWDD). NN Provide clarification to the authority of the Commissioners in the Department of Mental Hygiene to design and implement time limited demon- stration programs by specifying that the agencies are not required to adhere to provisions of current statutes pertaining to: services and commodities; accounting systems and approval of contracts; and procure- ment opportunities newsletter(s). OO Repeal sections of law related to payments and reimbursable services for community residential facilities licensed by OPWDD; authorizes DOH to certify rates or fees for services provided by any facility or program licensed, operated, or approved by OPWDD, PP Authorize a study on transportation needs and assessments for people with disabilities. QQ Require OPWDD to support a statewide assessment and analysis of hous- ing needs, employment opportunities, and other supports and services for individuals with developmental disabilities. RR Require NYSERDA to file semi-annual reports with the legislature detailing revenues, expenditures, fund balances related to programs administered by the authority. SS Require NYSERDA to continue offering financing for energy efficiency and solar projects through the Green Jobs-Green New York program to all classes of customers until April 1, 2016.   JUSTIFICATION: This bill is necessary for the enactment of portions of the SFY 2015-16 Transportation, Environment and Economic Development budget, as contained in the State Operations, Capital Projects and Aid to Localities appropriations bills.   FISCAL IMPACT: The provisions contained in this legislation are related to appropriations proposed for SFY 2015-16.   EFFECTIVE DATE: Effective April 1, 2015, with exceptions.
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A03008 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2008--B                                            A. 3008--B
 
                SENATE - ASSEMBLY
 
                                    January 21, 2015
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  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
 
        AN ACT to amend part U1 of chapter 62 of the laws of 2003  amending  the
          vehicle  and traffic law and other laws relating to increasing certain
          motor vehicle transaction fees, in relation to the effectiveness ther-
          eof; and to amend chapter 84 of the laws of 2002, amending  the  state
          finance law relating to the costs of the department of motor vehicles,
          in  relation  to  extending the effectiveness thereof (Part A); inten-
          tionally omitted  (Part  B);  to  amend  the  transportation  law,  in
          relation  to fees for motor carriers; and to repeal certain provisions
          of such law relating thereto (Part C); to amend  chapter  413  of  the
          laws  of 1999, relating to providing for mass transportation payments,
          in relation to  including  Ontario  county  to  the  Rochester-Genesee
          Regional  Transportation District (Part D); to amend the state finance
          law, in relation to creating a transit assistance for capital  invest-
          ments  fund  (Part E); authorizing the department of transportation to
          defer reductions in service payments for two years (Part F); to  amend
          the  public  authorities law, the highway law, and the public officers
          law, in relation to authorizing shared services agreements between the
          department of transportation and the New York state thruway  authority
          (Part  G);  intentionally  omitted  (Part H); to amend the vehicle and
          traffic law, the criminal procedure law and the transportation law, in
          relation to the issuance  of  commercial  learner's  permits  and  the
          disqualification   of  commercial  driver's  licenses  and  commercial
          learner's permits (Part I); to amend the public  authorities  law,  in
          relation to decreasing state responsibility for certain costs incurred
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12573-03-5

        S. 2008--B                          2                         A. 3008--B
 
          by  the New York state thruway authority (Part J); intentionally omit-
          ted (Part K); intentionally omitted (Part L); to amend  the  New  York
          state  urban  development  corporation  act,  in relation to extending
          certain  provisions  relating to the empire state economic development
          fund (Part M); to amend chapter 393 of the laws of 1994, amending  the
          New  York  state  urban  development  corporation act, relating to the
          powers of the New York state urban  development  corporation  to  make
          loans, in relation to the effectiveness thereof (Part N); to authorize
          and direct the New York state energy research and development authori-
          ty  to  make a payment to the general fund of up to $913,000 (Part O);
          to authorize the  New  York  state  energy  research  and  development
          authority to finance a portion of its research, development and demon-
          stration  and policy and planning programs, and to finance the depart-
          ment of environmental conservation's climate change program,  from  an
          assessment  on  gas  and  electric corporations (Part P); to amend the
          executive law, in relation to extending certain provisions relating to
          the minority- and women-owned business enterprise disparity study; and
          to amend chapter 261 of the laws of 1988 amending  the  state  finance
          law and other laws relating to the New York infrastructure trust fund,
          in  relation to the effectiveness of article 15-A of the executive law
          (Part Q); to authorize the department of  health  to  finance  certain
          activities  with  revenues generated from an assessment on cable tele-
          vision companies (Part R); to amend chapter 58 of  the  laws  of  2012
          amending the public authorities law relating to authorizing the dormi-
          tory  authority  to enter into certain design and construction manage-
          ment agreements, in relation to extending  certain  authority  of  the
          dormitory  authority of the state of New York (Part S); to amend chap-
          ter 21 of the laws of 2003, amending the  executive  law  relating  to
          permitting  the secretary of state to provide special handling for all
          documents filed or issued by  the  division  of  corporations  and  to
          permit  additional  levels  of  such expedited service, in relation to
          extending the expiration date thereof (Part  T);  to  amend  the  real
          property  law,  in relation to eliminating certain fees charged for an
          apartment information vendor license (Part U); to amend  the  agricul-
          ture  and markets law, in relation to eliminating certain license fees
          (Part V); to amend part B of chapter 173 of the laws of 2013  relating
          to  the  issuance  of securitized restructuring bonds to refinance the
          outstanding debt of the Long Island power authority,  in  relation  to
          the issuance of securitized restructuring bonds to refinance outstand-
          ing  debt  of  the Long Island power authority; and to amend part A of
          chapter 173 of the laws of 2013, amending the public service law,  the
          public authorities law, the executive law and the education law relat-
          ing  to  the powers and duties of the department of public service and
          the Long Island power authority, in relation to repowering  (Part  W);
          to  amend the navigation law and the state finance law, in relation to
          license fees and surcharges for  the  transfer  of  petroleum  between
          vessels,  between  facilities  and  vessels,  and  between facilities,
          whether onshore or offshore  (Part  X);  to  amend  the  environmental
          conservation  law, in relation to operating permit program fees, state
          air quality control fees and  state  pollutant  discharge  elimination
          system program fees (Part Y); intentionally omitted (Part Z); to amend
          the  state  finance  law  and  the  environmental conservation law, in
          relation to establishing a habitat conservation  and  access  account;
          and  to  repeal  certain  provisions of the state finance law relating
          thereto (Part AA); to amend the local  finance  law,  in  relation  to
          establishing  a ten year period of probable usefulness for municipally

        S. 2008--B                          3                         A. 3008--B
 
          owned omnibus or surface transit motor vehicles (Part  BB);  to  amend
          the  vehicle  and  traffic  law,  in relation to directing the city of
          Buffalo to adjudicate traffic infractions; and in relation to  certain
          penalties  and forfeited security collected by the city of Buffalo and
          granting a traffic violations agency  certain  powers;  to  amend  the
          general municipal law, in relation to establishing the Buffalo traffic
          violations  agency; to amend the state finance law, in relation to the
          justice court fund; to amend the criminal procedure law,  in  relation
          to  a  trial  by  judicial hearing officer; and requires the executive
          director of the Buffalo traffic violations agency to annually issue  a
          report  on  the  progress,  development  and operations of such agency
          (Part CC); to amend part F of chapter 58 of the laws of 2013  amending
          the  environmental conservation law and the state finance law relating
          to the "Cleaner, Greener NY Act of 2013", in relation to extending the
          effectiveness thereof (Part DD); to amend the soil and water conserva-
          tion districts law, in relation to a farm drain  tile  revolving  loan
          fund  program (Part EE); to amend the New York state urban development
          corporation act, in relation to eligible use of the beginning  farmers
          NY  fund  (Part FF); to amend chapter 495 of the laws of 2004 amending
          the insurance law and the public health law relating to the  New  York
          state  health insurance continuation assistance demonstration project,
          in relation to the effectiveness thereof (Part GG); relating  to  term
          appointments  for eligible, high-demand ITS positions without examina-
          tion (Part HH);  to  amend  the  environmental  conservation  law,  in
          relation  to retrofit technology for diesel-fueled vehicles (Part II);
          to amend part D of chapter 111 of the laws of  2010  relating  to  the
          recovery of exempt income by the office of mental health for community
          residences  and  family-based  treatment  programs, in relation to the
          effectiveness thereof (Part  JJ);  to  amend  the  education  law,  in
          relation  to authorizing contracts for the provision of special educa-
          tion and related services for certain patients hospitalized in  hospi-
          tals  operated  by the office of mental health; and to amend part M of
          chapter 56 of the laws of 2012 amending the education law, relating to
          authorizing contracts for  the  provision  of  special  education  and
          related  services for certain patients hospitalized in hospitals oper-
          ated by the office of mental health, in relation to the  effectiveness
          thereof  (Part KK); to amend part A of chapter 111 of the laws of 2010
          amending the mental hygiene law relating to the receipt of federal and
          state benefits received by individuals receiving  care  in  facilities
          operated by an office of the department of mental hygiene, in relation
          to  the  effectiveness thereof (Part LL); to amend the social services
          law, the executive law and the mental  hygiene  law,  in  relation  to
          providing  professional  services  to  individuals  with developmental
          disabilities in non-certified settings; in relation to  the  exemption
          of  the  nurse  practice  act  for  direct care staff in non-certified
          settings funded, authorized or approved by the office for people  with
          developmental  disabilities; in relation to services and needs assess-
          ments; and to repeal certain provisions  of  the  mental  hygiene  law
          relating  thereto  (Part  MM);  to  amend  the  mental hygiene law, in
          relation to clarifying the  authority  of  the  commissioners  in  the
          department  of  mental  hygiene  to  design and implement time-limited
          demonstration  programs;  and  providing  for  the  repeal   of   such
          provisions  upon  expiration  thereof  (Part  NN); to amend the mental
          hygiene law, in relation to eliminating the duplication of  regulatory
          efforts  between  the  department  of health and the office for people
          with  developmental  disabilities  associated  with  rates  and   fees

        S. 2008--B                          4                         A. 3008--B
 
          received  by OPWDD providers; and to repeal certain provisions of such
          law relating thereto (Part OO); in relation to establishing  a  trans-
          portation  assessment  for  people with developmental disabilities and
          other  populations  (Part  PP); relating to the office for people with
          developmental disabilities omnibus reporting  and  providing  for  the
          repeal  of  such provision upon expiration thereof (Part QQ); to amend
          the public authorities law, in relation to semi-annual  reports  (Part
          RR);  and requiring the New York state energy research and development
          authority to develop standards and/or criteria that will encourage and
          increase issuance of loans to low-to-moderate  income  households  for
          qualified energy efficiency services (Part SS)
 
          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 2015-2016
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through SS. 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
     8  "of this act", when used in connection with that  particular  component,
     9  shall  be  deemed  to mean and refer to the corresponding section of the
    10  Part in which it is found. Section three of  this  act  sets  forth  the
    11  general effective date of this act.
 
    12                                   PART A
 
    13    Section  1.    Section 13 of part U1 of chapter 62 of the laws of 2003
    14  amending the vehicle and traffic law and other laws relating to increas-
    15  ing certain motor vehicle transaction fees, as amended by section  1  of
    16  part C of chapter 57 of the laws of 2014, is amended to read as follows:
    17    §  13.  This  act shall take effect immediately; provided however that
    18  sections one through seven of this act, the amendments to subdivision  2
    19  of  section  205  of  the tax law made by section eight of this act, and
    20  section nine of this act shall expire and be deemed repealed on April 1,
    21  [2015] 2020; provided further, however, that the amendments to  subdivi-
    22  sion  3  of section 205 of the tax law made by section eight of this act
    23  shall expire and be deemed repealed on March 31, 2018; provided further,
    24  however, that the provisions of section eleven of this  act  shall  take
    25  effect April 1, 2004 and shall expire and be deemed repealed on April 1,
    26  [2015] 2020.
    27    §  2.  Section 2 of part B of chapter 84 of the laws of 2002, amending
    28  the state finance law relating to the costs of the department  of  motor
    29  vehicles, as amended by section 2 of part C of chapter 57 of the laws of
    30  2014, is amended to read as follows:
    31    §  2.  This act shall take effect April 1, 2002; provided, however, if
    32  this act shall become a law after such date it shall take  effect  imme-
    33  diately and shall be deemed to have been in full force and effect on and
    34  after  April  1,  2002;  provided  further, however, that this act shall
    35  expire and be deemed repealed on April 1, [2015] 2020.
    36    § 3. This act shall take effect immediately.
 
    37                                   PART B

        S. 2008--B                          5                         A. 3008--B
 
     1                            Intentionally Omitted
 
     2                                   PART C
 
     3    Section 1. Section 144 of the transportation law is REPEALED.
     4    §  2.  Subdivision  1  of  section  153  of  the transportation law is
     5  REPEALED and subdivisions 2, 3, 4, 5, 6,  7,  8  and  9  are  renumbered
     6  subdivisions 1, 2, 3, 4, 5, 6, 7 and 8.
     7    §  2-a.  Subdivisions  1, 6 and 7 of section 153 of the transportation
     8  law, as added by chapter 635 of the laws of 1983 and  as  renumbered  by
     9  section two of this act, are amended to read as follows:
    10    1.  A  temporary  certificate  of  public convenience and necessity to
    11  operate as a common carrier of passengers may be issued by  the  commis-
    12  sioner  after  public  notice  and  with  or  without hearing, except as
    13  provided in [paragraphs six and eight] subdivisions five  and  seven  of
    14  this  section, to an applicant upon a finding that the applicant is fit,
    15  willing and able to perform a service for which there is an immediate or
    16  urgent need. Such a temporary  certificate  of  public  convenience  and
    17  necessity  may  also  be issued on the commissioner's own motion for the
    18  purpose of experiment or demonstration when the commissioner is  of  the
    19  opinion that such action is required by the public interest.
    20    6.  Notwithstanding any other provision of law, on any application for
    21  temporary authority to operate a bus line originating or terminating  in
    22  any city, the commissioner shall, in addition to the requirements speci-
    23  fied  in subdivision [two] one of this section, also consider and evalu-
    24  ate the application and any objections to the application in  accordance
    25  with the following criteria:
    26    (a)  The adequacy of the existing mass transit and mass transportation
    27  facilities to meet the transportation needs of any particular segment of
    28  the general public for the proposed service; and
    29    (b) The impact that the proposed operation may have  on  any  existing
    30  mass transit or mass transportation facilities.
    31    7.  If  any application to operate a van service originating or termi-
    32  nating within a city is protested by the governing body of such city,  a
    33  bus  line  operating  in  said city or a public transportation authority
    34  created pursuant to titles nine, eleven,  eleven-A,  eleven-B,  eleven-C
    35  and  eleven-D of article five of the public authorities law whose terri-
    36  tory or district includes said city, and a hearing  is  requested,  such
    37  hearing  shall  be held. Based on the evidence submitted at such hearing
    38  the commissioner shall, in addition to  the  requirements  specified  in
    39  subdivision  [two] one hereof, consider and evaluate the application and
    40  the objections to the  application  in  accordance  with  the  following
    41  criteria:
    42    (a)  The adequacy of the existing mass transit and mass transportation
    43  facilities to meet the transportation needs of any particular segment of
    44  the general public for the proposed service; and
    45    (b) The impact that the proposed operation may have  on  any  existing
    46  mass transit or mass transportation facilities.
    47    § 3. Subdivisions 1 and 6 of section 154 of the transportation law, as
    48  added  by  chapter  635  of  the  laws  of  1983, are amended to read as
    49  follows:
    50    1. The commissioner  may  issue  a  permanent  certificate  of  public
    51  convenience  and  necessity to operate as a common carrier of passengers
    52  to an applicant with or without hearing, except as provided in  subdivi-
    53  sions  two  and seven of this section, but upon notice to all interested

        S. 2008--B                          6                         A. 3008--B
 
     1  parties. If any application for authority to operate a bus line  through
     2  a county, city, village or town or in or through a territory or district
     3  served by a bus line or a public transportation authority created pursu-
     4  ant to titles nine, eleven, eleven-A, eleven-B, eleven-C and eleven-D of
     5  article  five  of  the  public  authorities law is protested by any such
     6  municipality, bus line, or public transportation authority, and  hearing
     7  on  such  application  is requested then no permanent authority shall be
     8  granted prior to a hearing held on such  application.  The  commissioner
     9  shall  consider  any  reasonable conditions required of the applicant by
    10  such municipality regarding routing and franchise requirements  and,  in
    11  cities  having a population of over one million persons the commissioner
    12  shall adopt the intracity routing requirements to the proposed  destina-
    13  tion  point  or  points  that are established by any such city, provided
    14  that such city furnishes the routing requirements  to  the  commissioner
    15  within  sixty days of the filing of the application with the department.
    16  In addition the commissioner shall adopt insurance requirements provided
    17  for by any such city. Except for the routing and insurance  requirements
    18  in  cities  having a population of over one million persons, the commis-
    19  sioner shall impose requirements on the applicant deemed to  be  reason-
    20  able and in the public interest as a condition to any authority granted.
    21  [Applications  for  a  permanent  certificate  shall be accompanied by a
    22  filing fee as prescribed in section one hundred forty-four of this chap-
    23  ter.] The application for a permanent certificate shall  be  granted  if
    24  the commissioner finds that:
    25    (a)  the applicant is fit, willing and able to provide the transporta-
    26  tion to be authorized by the certificate and to comply with this chapter
    27  and the regulations of the commissioner; and
    28    (b) the service proposed will be required by  the  present  or  future
    29  public convenience and necessity.
    30    6.  Any  person  holding  a  permanent certificate to provide bus line
    31  service shall not discontinue service on any route unless an application
    32  is made to the commissioner and the commissioner approves such  applica-
    33  tion  upon a finding that the public convenience and necessity no longer
    34  requires such bus line service. [Applications for  discontinuance  shall
    35  be  accompanied  by  a  filing  fee as prescribed in section one hundred
    36  forty-four of this chapter.]
    37    § 4. Subdivision 1 of section 155 of the transportation law, as  added
    38  by chapter 635 of the laws of 1983, is amended to read as follows:
    39    1.  A  permanent permit to operate as a contract carrier of passengers
    40  may be issued by the commissioner to an  applicant  with  or  without  a
    41  hearing,  but  upon  notice  to all interested parties, authorizing such
    42  applicant to provide transportation as a contract carrier of passengers.
    43  [Applications for a permanent permit shall be accompanied  by  a  filing
    44  fee  as  prescribed  in section one hundred forty-four of this chapter.]
    45  The application for a permanent permit shall be granted if  the  commis-
    46  sioner finds that:
    47    (a)  the applicant is fit, willing and able to provide the transporta-
    48  tion to be authorized by the permit and to comply with this chapter  and
    49  the regulations of the commissioner; and
    50    (b)  the  proposed  service  is  or will be consistent with the public
    51  interest and the policy declared in section one hundred thirty-seven  of
    52  this chapter.
    53    §  5. Subdivision 3 of section 156 of the transportation law, as added
    54  by chapter 635 of the laws of 1983, is amended to read as follows:
    55    3. Certificates or permits shall not be assigned  or  transferred,  in
    56  any  manner,  nor  shall  the  right to operate under any certificate or

        S. 2008--B                          7                         A. 3008--B
 
     1  permit be leased without prior approval of the  commissioner  upon  such
     2  notice  as  the  commissioner  shall  deem  appropriate. The assignment,
     3  transfer or lease of certificates or permits or  the  right  to  operate
     4  under  any  certificate  or  permit,  shall  not  be approved unless the
     5  commissioner shall find that it is in the public interest to do so.  All
     6  applications for transfer or lease must be in such form as prescribed by
     7  the  commissioner  [and  be accompanied by a filing fee as prescribed in
     8  section one hundred forty-four of this chapter].
     9    § 6. Subdivision 1 of section 173 of the transportation law, as  added
    10  by chapter 635 of the laws of 1983, is amended to read as follows:
    11    1.  A  temporary  certificate  or  permit  to  operate  as a common or
    12  contract carrier of property may be issued  by  the  commissioner  to  a
    13  qualified applicant with or without a hearing for the purpose of provid-
    14  ing  a service for which there is an immediate or urgent need from or to
    15  a point or points or within a territory.    Applications  for  temporary
    16  authority  shall  contain  such information as the commissioner by regu-
    17  lation may prescribe [and shall  be  accompanied  by  a  filing  fee  as
    18  prescribed in section one hundred forty-four of this chapter].
    19    §  7. Subdivision 1 of section 174 of the transportation law, as added
    20  by chapter 635 of the laws of 1983, is amended to read as follows:
    21    1. A permanent certificate to operate as a common carrier of  property
    22  may be issued by the commissioner to a qualified applicant with or with-
    23  out hearing, but upon notice to all interested parties, authorizing such
    24  applicant  to  provide  transportation  as a common carrier of property.
    25  Applications for a permanent certificate shall contain such  information
    26  as  the  commissioner by regulation may prescribe [and shall be accompa-
    27  nied by a filing fee as prescribed in section one hundred forty-four  of
    28  this  chapter].  The  application  for  a permanent certificate shall be
    29  granted if the commissioner finds that:
    30    (a) the applicant is fit, willing and able to provide the  transporta-
    31  tion to be authorized by the certificate and to comply with this chapter
    32  and the regulations of the commissioner; and
    33    (b)  that  the  service  proposed  will  be required by the present or
    34  future public convenience and necessity.
    35    § 8. Subdivision 1 of section 175 of the transportation law, as  added
    36  by chapter 635 of the laws of 1983, is amended to read as follows:
    37    1. A permanent permit to operate as a contract carrier of property may
    38  be  issued  by the commissioner to an applicant with or without hearing,
    39  but upon notice to all interested parties authorizing such applicant  to
    40  provide  transportation as a contract carrier of property. [Applications
    41  for a  permanent  permit  shall  be  accompanied  by  a  filing  fee  as
    42  prescribed  in  section  one  hundred  forty-four  of this chapter.] The
    43  application for a permanent permit shall be granted if the  commissioner
    44  finds that:
    45    (a)  the applicant is fit, willing and able to provide the transporta-
    46  tion to be authorized and to comply with  this  chapter  and  the  regu-
    47  lations of the commissioner; and
    48    (b)  the  proposed service to the extent authorized will be consistent
    49  with the public interest and the policy declared in section one  hundred
    50  thirty-seven of this chapter.
    51    §  9. Subdivision 3 of section 177 of the transportation law, as added
    52  by chapter 635 of the laws of 1983, is amended to read as follows:
    53    3. Certificates or permits  shall  not  be  assigned,  transferred  or
    54  leased  in  any  manner nor shall the right to operate under any certif-
    55  icate or permit be leased without prior approval  of  the  commissioner,
    56  upon such notice as the commissioner shall deem appropriate. The assign-

        S. 2008--B                          8                         A. 3008--B
 
     1  ment,  transfer or lease of a certificate, or the right to operate under
     2  any certificate, shall not be approved  unless  the  commissioner  shall
     3  find  that  it is in the public interest to do so.  All applications for
     4  assignment,  transfer or lease must be in such form as prescribed by the
     5  commissioner [and shall be accompanied by a filing fee as prescribed  in
     6  section one hundred forty-four of this chapter].
     7    § 10. Subdivision 1 of section 192 of the transportation law, as added
     8  by chapter 635 of the laws of 1983, is amended to read as follows:
     9    1. A probationary certificate to operate as a common carrier of house-
    10  hold goods by motor vehicle may be issued by the commissioner to a qual-
    11  ified  applicant  after  public  notice and with or without hearing. The
    12  application shall contain such information as the commissioner by  regu-
    13  lation  shall  prescribe  [and the application shall be accompanied by a
    14  filing fee as prescribed in section one hundred forty-four of this chap-
    15  ter]. A probationary certificate shall:
    16    (a) create no presumption that a corresponding  permanent  certificate
    17  will be granted;
    18    (b)  confer  no proprietary or property rights in the use of the high-
    19  ways;
    20    (c) be granted for a period not to  exceed  one  year,  which  may  be
    21  renewed for an additional one year period by the commissioner; and
    22    (d) be subject to any conditions deemed appropriate by the commission-
    23  er to be in the public interest.
    24    § 11. Subdivision 6 of section 193 of the transportation law, as added
    25  by chapter 635 of the laws of 1983, is amended to read as follows:
    26    6.  Permanent  certificates issued pursuant to subdivision one of this
    27  section shall have  no  application  fee.  [Applications  for  permanent
    28  certificates  issued  pursuant to subdivision four of this section shall
    29  be accompanied by a filing fee as  prescribed  in  section  one  hundred
    30  forty-four of this chapter.]
    31    § 12. Subdivision 3 of section 195 of the transportation law, as added
    32  by chapter 635 of the laws of 1983, is amended to read as follows:
    33    3. Permanent certificates shall not be assigned, transferred or leased
    34  in  any manner nor shall the right to operate under any such certificate
    35  be leased without prior approval of the commissioner upon such notice as
    36  the commissioner shall deem appropriate.  The  assignment,  transfer  or
    37  lease  of  a  permanent  certificate,  shall  not be approved unless the
    38  commissioner shall find that it is in the public interest to do so.  All
    39  applications for transfer or lease must be in such form as prescribed by
    40  the commissioner [and shall be accompanied by a filing fee as prescribed
    41  in section one hundred forty-four of this chapter].
    42    §  13.  This  act shall take effect immediately and shall be deemed to
    43  have been in full force and effect on and after April 1, 2015.
 
    44                                   PART D
 
    45    Section 1. Section 1 of part I of chapter 413 of  the  laws  of  1999,
    46  relating  to  providing  for mass transportation payments, as amended by
    47  section 1 of part L of chapter 59 of the laws of  2006,  is  amended  to
    48  read as follows:
    49    Section  1.  Notwithstanding  any other law, rule or regulation to the
    50  contrary, payment of mass transportation operating  assistance  pursuant
    51  to  section  18-b  of  the  transportation  law  shall be subject to the
    52  provisions contained herein and the amounts made available  therefor  by
    53  appropriation.

        S. 2008--B                          9                         A. 3008--B
 
     1    In  establishing  service  and usage formulas for distribution of mass
     2  transportation operating assistance, the commissioner of  transportation
     3  may  combine  and/or  take  into  consideration  those  formulas used to
     4  distribute mass transportation operating assistance payments  authorized
     5  by separate appropriations in order to facilitate program administration
     6  and to ensure an orderly distribution of such funds.
     7    To  improve  the  predictability  in  the  level  of funding for those
     8  systems receiving operating assistance payments under service and  usage
     9  formulas,  the  commissioner  of  transportation  is authorized with the
    10  approval of the director of the  budget,  to  provide  service  payments
    11  based on service and usage statistics of the preceding year.
    12    In the case of a service payment made, pursuant to section 18-b of the
    13  transportation law, to a regional transportation authority on account of
    14  mass transportation services provided to more than one county (consider-
    15  ing the city of New York to be one county), the respective shares of the
    16  matching  payments required to be made by a county to any such authority
    17  shall be as follows:
    18    Percentage of matching payment required to be provided:
 
    19                                    Percentage
    20                                   of Matching
    21  Local Jurisdiction                 Payment
    22  --------------------------------------------
    23  In  the  Metropolitan Commuter
    24    Transportation District:
    25  New York City ................          6.40
    26  Dutchess .....................          1.30
    27  Nassau .......................         39.60
    28  Orange .......................          0.50
    29  Putnam .......................          1.30
    30  Rockland .....................          0.10
    31  Suffolk ......................         25.70
    32  Westchester ..................         25.10
    33  In the Capital District Trans-
    34    portation District:
    35  Albany .......................         56.10
    36  Rensselaer ...................         23.30
    37  Saratoga .....................          4.10
    38  Schenectady ..................         16.50
    39  In  the  Central  New York Re-
    40    gional  Transportation  Dis-
    41    trict:
    42  Cayuga .......................         5.11
    43  Onondaga .....................         75.83
    44  Oswego .......................         2.85
    45  Oneida .......................         16.21
    46  In  the  Rochester-Genesee Re-
    47    gional  Transportation  Dis-
    48    trict:
    49  Genesee ......................         [1.43] 1.36
    50  Livingston ...................         [0.94] .90
    51  Monroe .......................        [94.58] 90.14
    52  Wayne ........................         [1.03] .98
    53  Wyoming ......................         [0.54] .51
    54  Seneca .......................         [0.67] .64

        S. 2008--B                         10                         A. 3008--B
 
     1  Orleans ......................         [0.81] .77
     2  Ontario ......................                4.69
     3    In the Niagara Frontier Trans-
     4    portation  District:   Erie .........................            89.20
     5  Niagara ......................         10.80
 
     6    Notwithstanding any other inconsistent provisions of section  18-b  of
     7  the transportation law or any other law, any moneys provided to a public
     8  benefit  corporation constituting a transportation authority or to other
     9  public transportation systems in payment of state  operating  assistance
    10  or  such  lesser amount as the authority or public transportation system
    11  shall make application for, shall be paid by the commissioner of  trans-
    12  portation to such authority or public transportation system in lieu, and
    13  in full satisfaction, of any amounts which the authority would otherwise
    14  be entitled to receive under section 18-b of the transportation law.
    15    Notwithstanding  the  reporting  date provision of section 17-a of the
    16  transportation law, the reports of each regional transportation authori-
    17  ty and other major public transportation systems receiving  mass  trans-
    18  portation  operating  assistance shall be submitted on or before July 15
    19  of each year in the format prescribed by the commissioner of transporta-
    20  tion. Copies of such reports shall also be filed with  the  chairpersons
    21  of  the senate finance committee and the assembly ways and means commit-
    22  tee and the director of the budget. The commissioner  of  transportation
    23  may withhold future state operating assistance payments to public trans-
    24  portation systems or private operators that do not provide such reports.
    25    Payments may be made in quarterly installments as provided in subdivi-
    26  sion 2 of section 18-b of the transportation law or in such other manner
    27  and  at such other times as the commissioner of transportation, with the
    28  approval of the director of the budget, may provide; and  where  payment
    29  is  not  made in the manner provided by such subdivision 2, the matching
    30  payments required of any city, county, Indian  tribe  or  intercity  bus
    31  company  shall  be made within 30 days of the payment of state operating
    32  assistance pursuant to this section or on such other  basis  as  may  be
    33  agreed  upon  by the commissioner of transportation, the director of the
    34  budget, and the chief executive officer of  such  city,  county,  Indian
    35  tribe or intercity bus company.
    36    The commissioner of transportation shall be required to annually eval-
    37  uate the operating and financial performance of each major public trans-
    38  portation  system. Where the commissioner's evaluation process has iden-
    39  tified a problem related to system  performance,  the  commissioner  may
    40  request the system to develop plans to address the performance deficien-
    41  cies. The commissioner of transportation may withhold future state oper-
    42  ating  assistance  payments  to public transportation systems or private
    43  operators that do not provide such operating, financial, or other infor-
    44  mation as may be required by the commissioner to conduct the  evaluation
    45  process.
    46    Payments  shall  be  made  contingent upon compliance with regulations
    47  deemed necessary and appropriate, as prescribed by the  commissioner  of
    48  transportation  and  approved by the director of the budget, which shall
    49  promote the economy, efficiency, utility, effectiveness, and coordinated
    50  service delivery of public transportation systems. The  chief  executive
    51  officer  of  each public transportation system receiving a payment shall
    52  certify to the commissioner of transportation, in addition  to  informa-
    53  tion  required  by  section  18-b  of the transportation law, such other
    54  information as the commissioner of  transportation  shall  determine  is
    55  necessary to determine compliance and carry out the purposes herein.

        S. 2008--B                         11                         A. 3008--B
 
     1    Counties,  municipalities  or  Indian  tribes that propose to allocate
     2  service payments to operators on a basis other than the amount earned by
     3  the service payment formula shall be required to describe  the  proposed
     4  method  of  distributing  governmental  operating  aid and submit it one
     5  month  prior  to  the start of the operator's fiscal year to the commis-
     6  sioner of transportation in writing for review and approval prior to the
     7  distribution of state aid. The commissioner of transportation shall only
     8  approve alternate distribution methods which  are  consistent  with  the
     9  transportation  needs  of  the  people  to be served and ensure that the
    10  system of private operators does not exceed established maximum  service
    11  payment  limits.  Copies  of  such  approvals  shall be submitted to the
    12  chairpersons of the senate finance and assembly ways and  means  commit-
    13  tees.
    14    Notwithstanding the provisions of subdivision 4 of section 18-b of the
    15  transportation  law, the commissioner of transportation is authorized to
    16  continue to use prior quarter statistics to  determine  current  quarter
    17  payment  amounts,  as initiated in the April to June quarter of 1981. In
    18  the event that actual revenue passengers  and  actual  total  number  of
    19  vehicle, nautical or car miles are not available for the preceding quar-
    20  ter,  estimated  statistics  may  be  used  as the basis of payment upon
    21  approval by the commissioner  of  transportation.  In  such  event,  the
    22  succeeding  payment  shall be adjusted to reflect the difference between
    23  the actual and estimated total number of revenue passengers and vehicle,
    24  nautical or car miles used as the basis of the  estimated  payment.  The
    25  chief executive officer may apply for less aid than the system is eligi-
    26  ble  to receive. Each quarterly payment shall be attributable to operat-
    27  ing expenses incurred during the quarter in which it is received, unless
    28  otherwise specified by such commissioner.  In the event  that  a  public
    29  transportation  system  ceases  to participate in the program, operating
    30  assistance due for the final quarter that service is provided  shall  be
    31  based  upon the actual total number of revenue passengers and the actual
    32  total number of vehicle, nautical or car miles carried during that quar-
    33  ter.
    34    Payments shall be contingent on  compliance  with  audit  requirements
    35  determined by the commissioner of transportation.
    36    In  the  event  that  an  audit  of  a public transportation system or
    37  private operator receiving funds discloses the existence of an  overpay-
    38  ment  of state operating assistance, regardless of whether such an over-
    39  payment results from an audit  of  revenue  passengers  and  the  actual
    40  number of revenue vehicle miles statistics, or an audit of private oper-
    41  ators  in  cases  where more than a reasonable return based on equity or
    42  operating revenues and expenses has resulted, the commissioner of trans-
    43  portation, in addition to  recovering  the  amount  of  state  operating
    44  assistance  overpaid,  shall  also  recover  interest, as defined by the
    45  department of taxation and finance, on the amount of the overpayment.
    46    Notwithstanding any other law, rule or  regulation  to  the  contrary,
    47  whenever  the  commissioner  of  transportation is notified by the comp-
    48  troller that the amount  of  revenues  available  for  payment  from  an
    49  account is less than the total amount of money for which the public mass
    50  transportation  systems  are  eligible  pursuant  to  the  provisions of
    51  section 88-a of the state finance law and any appropriations enacted for
    52  these purposes, the commissioner of  transportation  shall  establish  a
    53  maximum payment limit which is proportionally lower than the amounts set
    54  forth in appropriations.
    55    Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
    56  of  the state finance law and any other general or special law, payments

        S. 2008--B                         12                         A. 3008--B
 
     1  may be made in quarterly installments or in such  other  manner  and  at
     2  such  other  times  as  the  commissioner  of  transportation,  with the
     3  approval of the director of the budget may prescribe.
     4    §  2.  This  act  shall take effect immediately and shall be deemed to
     5  have been in full force and effect on and after April 1, 2015.
 
     6                                   PART E
 
     7    Section 1. The state finance law is amended by adding  a  new  section
     8  99-w to read as follows:
     9    §  99-w.  Transit assistance for capital investments fund. 1. There is
    10  hereby established in the joint custody of the state comptroller and the
    11  commissioner of taxation and finance a special capital fund to be  known
    12  as the "transit assistance for capital investments fund."
    13    2. The comptroller shall establish the following separate and distinct
    14  account within the transit assistance for capital investments fund:
    15    Metropolitan transit assistance for capital investments account
    16    3.  The  transit assistance for capital investments fund shall consist
    17  of all moneys collected therefor or credited or transferred thereto from
    18  any other fund, account or source. Any interest received  by  the  comp-
    19  troller  on  moneys  on  deposit  in  the transit assistance for capital
    20  investments fund shall be retained in and become a part of such fund.
    21    4. Moneys in the  transit  assistance  for  capital  investments  fund
    22  shall, following appropriation by the legislature, be utilized for capi-
    23  tal  purposes,  including,  but  not limited to the planning and design,
    24  acquisition,  construction,  reconstruction,  replacement,  improvement,
    25  reconditioning,  rehabilitation and preservation of mass transit facili-
    26  ties, vehicles, related equipment and  rolling  stock  with  an  average
    27  service life of no less than five years.
    28    5. Moneys deposited into the metropolitan transit assistance for capi-
    29  tal investments account shall be available to the metropolitan transpor-
    30  tation  authority  (MTA)  and to all other public transportation systems
    31  serving  primarily  within  the  metropolitan  commuter   transportation
    32  district,  as  defined in section twelve hundred sixty-two of the public
    33  authorities law, eligible to  receive  operating  assistance  under  the
    34  provisions  of  section  eighteen-b of the transportation law consistent
    35  with the uses outlined in subdivision four of this section.
    36    6. Notwithstanding any other provision of law, no  capital  assistance
    37  payment  authorized  under  this  section  may  be  applied to operating
    38  expenses.
    39    7. All payments of money  from  the  transit  assistance  for  capital
    40  investments fund shall be made in accordance with a formula to be estab-
    41  lished  by  the  commissioner of transportation with the approval of the
    42  director of the budget.
    43    8. All payments of moneys from  the  transit  assistance  for  capital
    44  investments  fund  shall  be  made on the audit and warrant of the comp-
    45  troller.
    46    § 2. This act shall take effect immediately.
 
    47                                   PART F
 
    48    Section 1. Notwithstanding any other law, rule or  regulation  to  the
    49  contrary, the commissioner of transportation may approve the deferral of
    50  any required reductions in service payments to unspecified public trans-
    51  portation systems, pursuant to the hold-harmless provision of the State-
    52  wide Mass Transportation Operating Assistance (STOA) program provided in

        S. 2008--B                         13                         A. 3008--B
 
     1  17  N.Y.C.R.R.  975.18,  on an annual basis for a period of no more than
     2  two years.
     3    §  2.  This  act  shall take effect immediately and shall be deemed to
     4  have been in full force and effect on and after April 1, 2014.
 
     5                                   PART G
 
     6    Section 1. Section 351 of the public authorities  law  is  amended  by
     7  adding a new subdivision 14 to read as follows:
     8    14. The term "department" shall mean the department of transportation.
     9    §  2. The public authorities law is amended by adding two new sections
    10  357-b and 357-c to read as follows:
    11    § 357-b. Sharing employees, services and resources.  A shared services
    12  agreement may be executed between the authority and the department  only
    13  for  an  emergency  situation  or  extreme  weather conditions, to share
    14  employees, services or resources as deemed  appropriate  including,  but
    15  not  limited  to,  for  the  performance  of  work and activities by the
    16  department on the facilities and property under the jurisdiction of  the
    17  authority, and for the performance of work and activities by the author-
    18  ity on the facilities and property under the jurisdiction of the depart-
    19  ment.  Such  agreement or any project undertaken pursuant to such agree-
    20  ment shall not be deemed to impair the rights  of  bondholders  and  may
    21  provide  for,  but  not  be  limited to, the management, supervision and
    22  direction of such employees' performance of such services.  Such  agree-
    23  ment  shall provide that the term shall not be longer than ten days. All
    24  shared employees shall remain employees of  their  respective  employers
    25  and  all  applicable  collectively  bargained agreements shall remain in
    26  effect for the entire length of the shared service agreement.   Further,
    27  such  shared  services  agreement shall not amend, repeal or replace the
    28  terms of any  agreement  that  is  collectively  negotiated  between  an
    29  employer  and an employee organization, including an agreement or inter-
    30  est arbitration award made pursuant to article  fourteen  of  the  civil
    31  service law.
    32    §  357-c. Indemnification and defense under shared services agreement.
    33  1. The authority shall defend any unit, entity, officer or  employee  of
    34  the  department,  using  the forces of the department of law pursuant to
    35  section three hundred sixty-two of this title in any action, proceeding,
    36  claim, demand or the prosecution of any appeal  arising  from  or  occa-
    37  sioned  by  the acts or omissions to act in the performance of the func-
    38  tions of the authority pursuant to a shared services agreement.
    39    2. Defense pursuant to subdivision one of this section shall be condi-
    40  tioned upon the full cooperation of the department.
    41    3. The authority shall indemnify and hold harmless any  unit,  entity,
    42  officer  or  employee  of  the  department in the amount of any judgment
    43  obtained against the department or in the amount of any  settlement  the
    44  department enters into with the consent of the authority for any and all
    45  claims, damages or liabilities arising from or occasioned by the acts or
    46  omissions  to  act  of  the  authority or its subsidiaries pursuant to a
    47  shared services agreement; provided, however, that the act  or  omission
    48  from which such judgment or settlement arose occurred while the authori-
    49  ty  or  its  subsidiaries  was  acting within the scope of its functions
    50  pursuant to a shared services agreement.  No such settlement of any such
    51  action, proceeding, claim or demand shall be made without  the  approval
    52  of the board or its designee.
    53    4. Any claim or proceeding commenced against any unit, entity, officer
    54  or employee of the authority that arises pursuant to any shared services

        S. 2008--B                         14                         A. 3008--B
 
     1  agreement  shall  not  be  construed in any way to impair, alter, limit,
     2  modify, abrogate or restrict any immunity available to or conferred upon
     3  any unit, entity, officer or employee of the authority,  or  to  impair,
     4  alter,  limit,  modify,  abrogate  or  restrict any right to defense and
     5  indemnification provided for any governmental officer or employee by, in
     6  accordance with, or by reason of, any other provision of state or feder-
     7  al statutory or common law.
     8    5. This section shall not in any way  affect  the  obligation  of  any
     9  claimant to give notice to the state and the authority under section ten
    10  and  section eleven of the court of claims act or any other provision of
    11  law provided, however, that notice served upon the state or the authori-
    12  ty shall be valid notice on both parties to  the  agreement,  when  such
    13  claim arises out of such agreement. The state and authority shall notify
    14  each  other  when they receive a notice of claim, notice of intention to
    15  make a claim or a claim arising out of such agreement.
    16    6. The provisions of this section shall not be  construed  to  impair,
    17  alter,  limit  or modify the rights and obligations of any insurer under
    18  any insurance agreement.
    19    7. Notwithstanding any other provision of law, when employed  pursuant
    20  to  a  shared  services  agreement,  employees of the authority, and its
    21  subsidiaries and the department shall be deemed employees  of  all  such
    22  entities and the state for purposes of the workers' compensation law.
    23    § 3. Section 10-a of the highway law is amended by adding a new subdi-
    24  vision 13 to read as follows:
    25    13.  (a)  The state shall defend any unit, entity, officer or employee
    26  of the New York state thruway authority using the forces of the  depart-
    27  ment  of law in any action, proceeding, claim, demand or the prosecution
    28  of any appeal arising from or occasioned by the acts or omissions to act
    29  in the performance of the functions of  the  department  pursuant  to  a
    30  shared services agreement.
    31    (b)  Defense  pursuant  to  paragraph (a) of this subdivision shall be
    32  conditioned upon the full cooperation of  the  New  York  state  thruway
    33  authority.
    34    (c)  The  state  shall  indemnify  and hold harmless any unit, entity,
    35  officer or employee of the New  York  state  thruway  authority  in  the
    36  amount  of  any  judgment  obtained  against  the New York state thruway
    37  authority or in the amount of any settlement the New York state  thruway
    38  authority  enters  into  with  the  consent of the state for any and all
    39  claims, damages or liabilities arising from or occasioned by the acts or
    40  omissions to act of the department pursuant to a shared services  agree-
    41  ment,  provided, however, that the act or omission from which such judg-
    42  ment or settlement arose occurred while the department was acting within
    43  the scope of its functions pursuant to a shared services agreement.  Any
    44  such settlement shall be executed pursuant to section  twenty-a  of  the
    45  court of claims act.
    46    (d)  Any claim or proceeding commenced against any unit, entity, offi-
    47  cer or employee of the department pursuant to any shared services agree-
    48  ment shall not be construed in any way to impair, alter, limit,  modify,
    49  abrogate  or  restrict  any  immunity available to or conferred upon any
    50  unit, entity, officer or employee  of  the  department,  or  to  impair,
    51  alter,  limit,  modify,  abrogate  or  restrict any right to defense and
    52  indemnification provided for any governmental officer or employee by, in
    53  accordance with, or by reason of, any other provision of state or feder-
    54  al statutory or common law.
    55    (e) This subdivision shall not in any way affect the obligation of any
    56  claimant to give notice to the state under sections ten  and  eleven  of

        S. 2008--B                         15                         A. 3008--B
 
     1  the court of claims act or any other provision of law provided, however,
     2  that notice served upon the state or the authority shall be valid notice
     3  on  both  parties  to  the agreement, when such claim arises out of such
     4  agreement.  The  state  and  authority shall notify each other when they
     5  receive a notice of claim, notice of intention to  make  a  claim  or  a
     6  claim arising out of such agreement.
     7    (f)  The  provisions  of  this  subdivision  shall not be construed to
     8  impair, alter, limit or modify the rights and obligations of any insurer
     9  under any insurance agreement.
    10    (g) Notwithstanding any other provision of law, employees of the thru-
    11  way authority, its subsidiaries  and  the  department  shall  be  deemed
    12  employees  of  all such entities and the state for purposes of the work-
    13  ers' compensation law.
    14    (h) Any payment made pursuant to this subdivision or any  monies  paid
    15  for  a  claim  against or settlement with the department or the New York
    16  state thruway authority pursuant to  this  section  and  pursuant  to  a
    17  shared  services agreement shall be paid from appropriations for payment
    18  by the state pursuant to the court of claims act.
    19    § 4. Subdivision 1 of section 17 of the public officers law is amended
    20  by adding a new paragraph (y) to read as follows:
    21    (y) For purposes of this section, the term  "employee"  shall  include
    22  members of the board, officers and employees of the New York state thru-
    23  way authority or its subsidiaries.
    24    § 5. This act, being necessary for the prosperity of the state and its
    25  inhabitants,  shall  be  liberally  construed to effect the purposes and
    26  secure the beneficial intents hereof.
    27    § 6. If any provision of any section of this act  or  the  application
    28  thereof  to  any  person  or circumstance shall be adjudged invalid by a
    29  court of  competent  jurisdiction,  such  order  or  judgment  shall  be
    30  confined  in  its operation to the controversy in which it was rendered,
    31  and shall not affect or invalidate the remainder of any provision of any
    32  section of this act or the application thereof to any  other  person  or
    33  circumstance  and to this end the provisions of each section of this act
    34  are hereby declared to be severable.
    35    § 7. This act shall take effect immediately.
 
    36                                   PART H
 
    37                            Intentionally Omitted
 
    38                                   PART I
 
    39    Section 1. Item 1 of clause (A) of subparagraph (ii) of paragraph  (i)
    40  of  subdivision  1  of  section  201  of the vehicle and traffic law, as
    41  amended by section 1 of part CC of chapter 58 of the laws  of  2011,  is
    42  amended to read as follows:
    43    (1) fifty-five years where the conviction and suspension or revocation
    44  order relates to a conviction, suspension or revocation by the holder of
    45  any  driver's  license  when  operating  a  commercial motor vehicle, as
    46  defined in subdivision four of section five hundred one-a of this  chap-
    47  ter,  or  by  the  holder of a commercial driver's license or commercial
    48  learner's permit when operating any motor vehicle, who: has  refused  to
    49  submit to a chemical test pursuant to section eleven hundred ninety-four
    50  of  this chapter or has been convicted of any of the following offenses:
    51  any violation of subdivision two, two-a, three [or], four or  four-a  of

        S. 2008--B                         16                         A. 3008--B
 
     1  section  eleven  hundred  ninety-two  of  this chapter, any violation of
     2  subdivision one or two of section six hundred of this chapter, any felo-
     3  ny involving the use of a motor vehicle, other than the use of  a  motor
     4  vehicle  in the commission of a felony involving manufacturing, distrib-
     5  uting, dispensing a controlled substance; or the conviction,  suspension
     6  or  revocation  involves any of the following offenses while operating a
     7  commercial motor vehicle: any violation of subdivision five  or  six  of
     8  section  eleven hundred ninety-two of this chapter, driving a commercial
     9  motor vehicle when as a result of prior violations committed while oper-
    10  ating a commercial  motor  vehicle,  the  driver's  commercial  driver's
    11  license  or  commercial learner's permit is suspended or revoked, or has
    12  been convicted of causing a fatality through the negligent operation  of
    13  a  commercial  motor vehicle, including but not limited to the crimes of
    14  vehicular manslaughter and criminally negligent homicide as set forth in
    15  article one hundred twenty-five of the penal law;
    16    § 2.  Subdivision 6 of section 501-a of the vehicle and  traffic  law,
    17  as  added  by  chapter  173  of  the laws of 1990, is amended to read as
    18  follows:
    19    6. Tank vehicle. Any commercial motor vehicle  designed  to  transport
    20  any liquid or gaseous material within a tank or tanks having an individ-
    21  ual  rated  capacity  of  more  than one hundred nineteen gallons and an
    22  aggregate rated capacity of one thousand gallons or more that is  either
    23  permanently or temporarily attached to the vehicle or the chassis. [Such
    24  vehicles  include,  but are not limited to, cargo and portable tanks, as
    25  defined in 49 CFR part 171. However, this definition  does  not  include
    26  portable tanks having a rated capacity under one thousand gallons.] Such
    27  term  shall not include a commercial motor vehicle transporting an empty
    28  storage container tank, not designed for transportation,  with  a  rated
    29  capacity of one thousand gallons or more that is temporarily attached to
    30  a flatbed trailer.
    31    §  3. Paragraph (b) of subdivision 1 of section 503 of the vehicle and
    32  traffic law, as amended by section 2 of part D of chapter 58 of the laws
    33  of 2012, is amended to read as follows:
    34    (b) An application for a license shall be valid for a period  of  time
    35  specified  by regulation of the commissioner not to exceed five years. A
    36  learner's permit shall be valid from its issuance until  the  expiration
    37  of  the  application  for  a  driver's  license for which it was issued.
    38  Provided, however, a commercial learner's permit shall be valid  for  no
    39  more  than  one  hundred  eighty  days,  except  that such permit may be
    40  renewed, in the commissioner's discretion, for an additional one hundred
    41  eighty days. Provided,  however,  that  a  commercial  learner's  permit
    42  issued  by  the  commissioner  in  connection  with an application for a
    43  commercial driver's license shall be cancelled within sixty days of  the
    44  holder's  medical  certification  status  becoming "not-certified" based
    45  upon: (i) the  expiration  of  the  holder's  medical  certification  or
    46  medical  variance  documentation  required  by the federal motor carrier
    47  safety improvement act of 1999 and Part 383.71(h) of  title  49  of  the
    48  code  of  federal  regulations; (ii) the holder's failure to submit such
    49  medical certification or medical variance documentation at  such  inter-
    50  vals  as required by the federal motor carrier safety improvement act of
    51  1999 and Part 383.71(h) of title 49 of the code of  federal  regulations
    52  and  in a manner prescribed by the commissioner; or (iii) the receipt by
    53  the commissioner of information from the issuing medical examiner or the
    54  federal motor carrier safety administration that a medical certification
    55  or medical variance was issued in error or rescinded.  The  commissioner
    56  shall, upon a holder's status becoming "not-certified", notify the hold-

        S. 2008--B                         17                         A. 3008--B
 
     1  er  of  such  commercial  learner's  permit  issued in connection with a
     2  commercial driver's license application  by  first  class  mail  to  the
     3  address  of  such  person  on file with the department or at the current
     4  address  provided  by  the  United  States  postal service of his or her
     5  "not-certified" medical certification status  and  that  the  commercial
     6  motor  vehicle  privileges  of  such commercial learner's permit will be
     7  cancelled unless he or she submits a current medical certificate  and/or
     8  medical  variance  in  accordance with Part 383.71(h) of title 49 of the
     9  code of federal regulations or changes his or her self-certification  to
    10  driving  only in excepted or intrastate commerce in accordance with Part
    11  383.71(b)[(ii)(B), (C) or (D)](1) (ii), (iii) or (iv) of title 49 of the
    12  code of federal regulations.
    13    § 4. Subdivision 6 of section 510 of the vehicle and  traffic  law  is
    14  amended by adding a new paragraph o to read as follows:
    15    o.  Notwithstanding the provisions of paragraph a of this subdivision,
    16  where revocation is mandatory pursuant to subparagraph  (iii)  of  para-
    17  graph  a  of  subdivision  two  of this section involving a violation of
    18  section three hundred ninety-two of  this  chapter  in  relation  to  an
    19  application  for  the  commercial  driver's  license  or  the commercial
    20  learner's permit being revoked, no new commercial  driver's  license  or
    21  commercial  learner's  permit shall be issued for at least one year, nor
    22  thereafter except in the discretion of the commissioner.
    23    § 5. Paragraph (b) of subdivision 3 of section 510-a  of  the  vehicle
    24  and  traffic law, as amended by section 7 of part K of chapter 59 of the
    25  laws of 2009, is amended, and two new subdivisions 9 and 10 are added to
    26  read as follows:
    27    (b) A commercial driver's license shall be suspended  by  the  commis-
    28  sioner  for  a  period  of  one  hundred twenty days where the holder is
    29  convicted of three serious traffic violations as defined in  subdivision
    30  four  of  this section committed within a three year period, in separate
    31  incidents whether such convictions occurred within or  outside  of  this
    32  state.  [Such  suspension  shall take effect upon the termination of any
    33  other suspension already in effect pursuant to  paragraph  (a)  of  this
    34  subdivision or this paragraph.]
    35    9.  Application  of  disqualifications  to  holders  of  a  commercial
    36  learner's permit.  Notwithstanding  any  other  provision  of  law,  any
    37  provision  of this chapter relating to the revocation, suspension, down-
    38  grading, disqualification  or  cancellation  of  a  commercial  driver's
    39  license shall apply in the same manner to a commercial learner's permit.
    40    10.  Consecutive  disqualification  periods. Notwithstanding any other
    41  provision of law, whenever a suspension, revocation or  disqualification
    42  applicable  to  a  commercial  driver's  license or commercial learner's
    43  permit is required by Part 383.51 of title 49 of  the  code  of  federal
    44  regulations  and thereby imposed pursuant to this section or paragraph b
    45  or c of subdivision six of section five hundred ten  or  section  eleven
    46  hundred ninety-three or eleven hundred ninety-four of this chapter, such
    47  suspension,  revocation  or  disqualification shall take effect upon the
    48  expiration of the minimum period of a suspension, revocation or disqual-
    49  ification required by Part 383.51 of title 49 of  the  code  of  federal
    50  regulations  and thereby imposed pursuant to this section or paragraph b
    51  or c of subdivision six of section five hundred ten  or  section  eleven
    52  hundred ninety-three or eleven hundred ninety-four of this chapter which
    53  is currently in effect for such license or permit and arose from a sepa-
    54  rate  incident.  Provided,  however, that the term or terms of any other
    55  suspension, revocation or disqualification applicable  to  a  commercial
    56  driver's  license  or commercial learner's permit shall run concurrently

        S. 2008--B                         18                         A. 3008--B
 
     1  if: (a) such suspension, revocation or disqualification is not  required
     2  by  Part  383.51  of title 49 of the code of federal regulations; or (b)
     3  such suspension, revocation or  disqualification  arose  from  the  same
     4  incident.
     5    §  6. Paragraph (d) of subdivision 1 of section 514 of the vehicle and
     6  traffic law, as added by section 7 of part CC of chapter 58 of the  laws
     7  of 2011, is amended to read as follows:
     8    (d)  Notwithstanding  the provisions of paragraphs (a), (b) and (c) of
     9  this subdivision, upon a judgment of conviction for a violation  of  any
    10  provisions of this chapter or of any local law, rule, ordinance or regu-
    11  lation  relating  to traffic (except one related to parking, stopping or
    12  standing), the court or the clerk thereof shall, within ninety-six hours
    13  of the imposition of the sentence,  file  the  certificate  required  by
    14  paragraph  (a)  of this subdivision, if the person convicted: (i) is the
    15  holder of a commercial learner's permit or a commercial driver's license
    16  issued by another state; or (ii) does not hold  a  commercial  learner's
    17  permit  or  a commercial driver's license, but has been issued a license
    18  by another state and is convicted of a violation that was committed in a
    19  commercial motor vehicle, as defined in subdivision four of section five
    20  hundred one-a of this title.
    21    § 7. Subdivisions 1 and 2 of section 514-a of the vehicle and  traffic
    22  law, as added by chapter 173 of the laws of 1990, are amended to read as
    23  follows:
    24    1.  Each person who operates a commercial motor vehicle for a New York
    25  state employer who is convicted of violating within or outside  of  this
    26  state,  in  any  type of motor vehicle, a state or local law relating to
    27  motor vehicle traffic control (other than a  parking  violation),  shall
    28  notify his/her current employer of such conviction. Any person who holds
    29  a  commercial  driver's  license issued by the commissioner who does not
    30  operate a commercial motor vehicle for a New York state employer or  who
    31  operates a commercial motor vehicle while self-employed who is convicted
    32  in  any  other  state which has been decertified in accordance with Part
    33  384.405 of title 49 of the code of federal  regulations  and  notice  of
    34  such decertification has been published in the federal register pursuant
    35  to  Part  384.409  of  title  49 of the code of federal regulations, the
    36  District of Columbia or a Canadian province of violating any law  relat-
    37  ing  to  motor  vehicle traffic control (other than a parking violation)
    38  while operating a commercial motor vehicle shall notify the commissioner
    39  of such conviction. Such notification must be made  within  thirty  days
    40  after  the  date  that  the  person  has been convicted except that if a
    41  person is a bus driver as defined in section five hundred nine-a of this
    42  chapter, such notification must be made within five days after the  date
    43  the person has been convicted as required by section five hundred nine-i
    44  of  this  chapter.  The  above  notification must be made in writing and
    45  contain the following information: (a) driver's full name; (b)  driver's
    46  license  number;  (c)  date  of conviction; (d) the specific criminal or
    47  other offense(s), serious traffic violation(s) of  state  or  local  law
    48  relating  to  motor  vehicle  traffic  control, for which the person was
    49  convicted and any suspension, revocation, cancellation  of  any  driving
    50  privileges or disqualification from operating a commercial motor vehicle
    51  which  resulted  from  such  conviction(s);  (e)  indication whether the
    52  violation was in a commercial motor vehicle; (f)  location  of  offense;
    53  (g) court or tribunal in which the conviction occurred; and (h) driver's
    54  signature.
    55    2.  Each person who operates a commercial motor vehicle for a New York
    56  state employer who has a commercial learner's  permit  or  a  commercial

        S. 2008--B                         19                         A. 3008--B
 
     1  driver's  license suspended, revoked, or canceled by the commissioner or
     2  by the appropriate authorities of any other state, District of  Columbia
     3  or  Canadian  province,  or  who loses the right to operate a commercial
     4  motor  vehicle  in  any  state or jurisdiction for any period, or who is
     5  disqualified from operating a commercial motor vehicle for  any  period,
     6  shall  notify  his/her  current employer of such suspension, revocation,
     7  cancellation, lost privilege, or disqualification.
     8    § 8. Section 514-c of the vehicle and traffic law, as added by chapter
     9  251 of the laws of 2007, is amended to read as follows:
    10    § 514-c. Notification of non-resident commercial operator convictions.
    11  Within ten days of the conviction of: (a) any  holder  of  a  commercial
    12  learner's  permit  or  a  commercial  driver's license issued by another
    13  state for any violation of state or local law regulating traffic,  other
    14  than  a parking, stopping or standing violation, committed while operat-
    15  ing a motor vehicle in this state; or
    16    (b) any holder of a driver's license issued by another state  for  any
    17  violation  of  state or local law regulating traffic, other than a park-
    18  ing, stopping or standing violation, committed while operating a commer-
    19  cial motor vehicle in this state, the commissioner shall provide  notice
    20  of  such  conviction  to the state which issued such holder's commercial
    21  learner's permit, commercial driver's license or driver's license.
    22    § 9. Subdivision 9 of section 170.55 of the criminal procedure law, as
    23  added by section 8 of part CC of chapter 58 of  the  laws  of  2011,  is
    24  amended to read as follows:
    25    9.  Notwithstanding  any  other provision of this section, a court may
    26  not issue an order adjourning an action in contemplation of dismissal if
    27  the offense is for a violation of the vehicle and traffic law related to
    28  the operation of a motor vehicle (except one related to  parking,  stop-
    29  ping  or  standing),  or  a  violation of a local law, rule or ordinance
    30  related to the operation of a motor vehicle (except one related to park-
    31  ing, stopping or standing), if such offense was committed by the  holder
    32  of a commercial learner's permit or a commercial driver's license or was
    33  committed  in a commercial motor vehicle, as defined in subdivision four
    34  of section five hundred one-a of the vehicle and traffic law.
    35    § 10. Paragraph c of subdivision 2 of section 140 of  the  transporta-
    36  tion  law  is  amended  by  adding  a  new subparagraph (vii) to read as
    37  follows:
    38    (vii) No person, corporation, limited liability  company  or  business
    39  entity,  joint  stock  association, partnership, or any officer or agent
    40  thereof, shall knowingly allow, require, permit or authorize any  person
    41  to  operate  a  commercial  motor  vehicle,  as  defined in section five
    42  hundred one-a of the vehicle and traffic law, during any period in which
    43  the operator:
    44    (a) does not have a valid commercial learner's  permit  or  commercial
    45  driver's license; or
    46    (b) does not have a commercial learner's permit or commercial driver's
    47  license with the proper class or endorsements; or
    48    (c)  violates  any restriction on such operator's commercial learner's
    49  permit or commercial driver's license; or
    50    (d) has a commercial learner's permit or commercial  driver's  license
    51  that  is  suspended,  revoked  or  cancelled,  or such operator has been
    52  otherwise disqualified by the commissioner of motor vehicles; or
    53    (e) has more than one commercial learner's permit or commercial  driv-
    54  er's license.
    55    A  violation of this subparagraph shall be punishable by a fine of not
    56  less than two hundred dollars nor more than one thousand dollars.

        S. 2008--B                         20                         A. 3008--B
 
     1    § 11. This act shall take effect July  8,  2015  and  shall  apply  to
     2  violations  committed  on or after such date, and shall apply to permits
     3  issued on or after such date.
 
     4                                   PART J
 
     5    Section  1.  Subdivision  2 of section 357-a of the public authorities
     6  law, as added by section 1 of part E of chapter 58 of the laws of  2013,
     7  is amended to read as follows:
     8    2.  The  state  shall be responsible for additional goods and services
     9  provided by the authority  equal  to  [twenty-four  million]  twenty-one
    10  million  five hundred thousand dollars in each calendar year. Such goods
    11  and services shall be deemed to be costs to the state and not  operating
    12  costs  of  the authority. The authority and the director of the division
    13  of the budget shall enter into an agreement identifying any  such  state
    14  costs and determine reporting and other requirements related thereto.
    15    Such  agreement and any amendments thereto shall be transmitted by the
    16  authority, within ten business days of the execution of  such  agreement
    17  and  amendments  thereto,  to the chair of the senate finance committee,
    18  the chair of the assembly ways and means committee,  the  chair  of  the
    19  senate  transportation committee and the chair of the assembly transpor-
    20  tation committee. By February first of each year, a  report  identifying
    21  all  state costs paid pursuant to such agreement in the preceding calen-
    22  dar year will be transmitted by the authority to  the  director  of  the
    23  budget,  the  chair  of  the  senate finance committee, the chair of the
    24  assembly ways and means committee, the chair of the  senate  transporta-
    25  tion committee and the chair of the assembly transportation committee.
    26    §  2.  This  act  shall take effect immediately and shall be deemed to
    27  have been in full force and effect on and after January 1, 2015.
 
    28                                   PART K
 
    29                            Intentionally Omitted
 
    30                                   PART L
 
    31                            Intentionally Omitted
 
    32                                   PART M
 
    33    Section 1. Subdivision 3 of section 16-m of section 1 of  chapter  174
    34  of  the  laws  of 1968 constituting the New York state urban development
    35  corporation act, as amended by section 1 of part Z of chapter 57 of  the
    36  laws of 2014, is amended to read as follows:
    37    3.  The  provisions  of this section shall expire, notwithstanding any
    38  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
    39  the laws of 1996 or of any other law, on July 1, [2015] 2016.
    40    § 2. This act shall take effect immediately and  shall  be  deemed  to
    41  have been in full force and effect on and after July 1, 2015.
 
    42                                   PART N
 
    43    Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
    44  New York state urban development corporation act, relating to the powers

        S. 2008--B                         21                         A. 3008--B
 
     1  of the New York state urban development corporation to  make  loans,  as
     2  amended  by  section  1 of part AA of chapter 57 of the laws of 2014, is
     3  amended to read as follows:
     4    §  2.  This  act shall take effect immediately provided, however, that
     5  section one of this act shall expire on July 1, [2015]  2016,  at  which
     6  time the provisions of subdivision 26 of section 5 of the New York state
     7  urban  development  corporation  act shall be deemed repealed; provided,
     8  however, that neither the expiration nor the repeal of such  subdivision
     9  as provided for herein shall be deemed to affect or impair in any manner
    10  any  loan  made  pursuant  to the authority of such subdivision prior to
    11  such expiration and repeal.
    12    § 2. This act shall take effect immediately and  shall  be  deemed  to
    13  have been in full force and effect on and after July 1, 2015.
 
    14                                   PART O
 
    15    Section 1. Notwithstanding any law to the contrary, the comptroller is
    16  hereby  authorized  and directed to receive for deposit to the credit of
    17  the general fund the amount of up to $913,000 from the  New  York  state
    18  energy research and development authority.
    19    §  2.  This  act  shall take effect immediately and shall be deemed to
    20  have been in full force and effect on and after April 1, 2015.
 
    21                                   PART P
 
    22    Section 1. Expenditures  of  moneys  by  the  New  York  state  energy
    23  research  and  development  authority  for  services and expenses of the
    24  energy  research,  development  and  demonstration  program,   including
    25  grants,  the energy policy and planning program, and the Fuel NY program
    26  shall be subject to the provisions of this section. Notwithstanding  the
    27  provisions of subdivision 4-a of section 18-a of the public service law,
    28  all  moneys committed or expended in an amount not to exceed $19,700,000
    29  shall be reimbursed by assessment against gas corporations,  as  defined
    30  in  subdivision  11  of section 2 of the public service law and electric
    31  corporations as defined in subdivision 13 of section  2  of  the  public
    32  service  law, where such gas corporations and electric corporations have
    33  gross revenues from intrastate utility operations in excess of  $500,000
    34  in  the  preceding  calendar  year,  and  the  total amount which may be
    35  charged to any gas corporation and any electric  corporation  shall  not
    36  exceed  one  cent  per one thousand cubic feet of gas sold and .010 cent
    37  per kilowatt-hour of electricity sold  by  such  corporations  in  their
    38  intrastate  utility operations in calendar year 2013. Such amounts shall
    39  be excluded from the general assessment provisions of subdivision  2  of
    40  section  18-a of the public service law. The chair of the public service
    41  commission shall bill such gas and/or  electric  corporations  for  such
    42  amounts  on  or before August 10, 2015 and such amounts shall be paid to
    43  the New York state energy  research  and  development  authority  on  or
    44  before  September  10,  2015.  Upon  receipt,  the New York state energy
    45  research and development authority shall deposit such funds in the ener-
    46  gy research and  development  operating  fund  established  pursuant  to
    47  section  1859  of  the public authorities law. The New York state energy
    48  research and development authority is authorized and  directed  to:  (1)
    49  transfer  $1 million to the state general fund for services and expenses
    50  of the department of environmental conservation and to transfer $750,000
    51  to the University of Rochester laboratory for laser energetics from  the
    52  funds  received; (2) the authority shall not commit for any expenditure,

        S. 2008--B                         22                         A. 3008--B
 
     1  any moneys derived from the assessment provided  for  in  this  section,
     2  until the chair of such authority shall have submitted, and the director
     3  of the budget shall have approved, a comprehensive financial plan encom-
     4  passing  all  moneys  available  to  and all anticipated commitments and
     5  expenditures by such authority from any source  for  the  operations  of
     6  such  authority.    Copies  of the approved comprehensive financial plan
     7  shall be immediately submitted by the chair to  the  chairs  and  secre-
     8  taries of the legislative fiscal committees; and (3) commencing in 2016,
     9  provide  to  the chair of the public service commission and the director
    10  of the budget and the chairs and secretaries of the  legislative  fiscal
    11  committees,  on or before August first of each year, an itemized record,
    12  certified by the president and chief executive officer of the authority,
    13  or his or her designee, detailing any and all expenditures  and  commit-
    14  ments  ascribable  to  moneys received as a result of this assessment by
    15  the chair of the department of public service pursuant to  section  18-a
    16  of  the public service law.  This itemized record shall include an item-
    17  ized breakdown of the programs being funded  by  this  section  and  the
    18  amount committed to each program.  Any such amount not committed by such
    19  authority to contracts or otherwise expended by the authority during the
    20  fiscal  year  shall be refunded by such authority on a pro-rata basis to
    21  such gas and/or electric corporations, in a manner to be  determined  by
    22  the department of public service.
    23    §  2.  This  act  shall take effect immediately and shall be deemed to
    24  have been in full force and effect on and after April 1, 2015.
 
    25                                   PART Q
 
    26    Section 1. Section 312-a of the executive law, as amended  by  chapter
    27  175 of the laws of 2010, is amended to read as follows:
    28    §  312-a.  Study  of  minority  and  women-owned  business  enterprise
    29  programs. 1. The director of the division of  minority  and  women-owned
    30  business  development  in  the  department  of  economic  development is
    31  authorized and directed to  recommission  a  statewide  disparity  study
    32  regarding  the participation of minority and women-owned business enter-
    33  prises in state contracts since the amendment  of  this  article  to  be
    34  delivered  to  the  governor  and  legislature  no later than [February]
    35  August fifteenth, two thousand sixteen.  The study shall be prepared  by
    36  an  entity  independent of the department and selected through a request
    37  for proposal process. The purpose of such study is:
    38    (a) to determine whether there is a disparity between  the  number  of
    39  qualified minority and women-owned businesses ready, willing and able to
    40  perform  state contracts for commodities, services and construction, and
    41  the  number  of  such  contractors  actually  engaged  to  perform  such
    42  contracts,  and  to  determine  what  changes, if any, should be made to
    43  state policies affecting minority and women-owned business  enterprises;
    44  and  (b) to determine whether there is a disparity between the number of
    45  qualified minorities and women ready, willing and able, with respect  to
    46  labor markets, qualifications and other relevant factors, to participate
    47  in  contractor  employment, management level bodies, including boards of
    48  directors, and as senior executive officers within contracting  entities
    49  and  the  number  of  such group members actually employed or affiliated
    50  with state contractors in the aforementioned capacities, and  to  deter-
    51  mine  what  changes,  if any, should be made to state policies affecting
    52  minority and women group populations with regard to  state  contractors'
    53  employment  and appointment practices relative to diverse group members.
    54  Such study shall include, but not be limited  to,  an  analysis  of  the

        S. 2008--B                         23                         A. 3008--B
 
     1  history  of  minority  and  women-owned business enterprise programs and
     2  their effectiveness as a means of securing and ensuring participation by
     3  minorities and women, and a disparity analysis by market area and region
     4  of  the  state.  Such  study  shall  distinguish between minority males,
     5  minority females and non-minority females in the statistical analysis.
     6    2. The director of the division of minority and  women-owned  business
     7  development  is directed to transmit the disparity study to the governor
     8  and the legislature not later  than  [February]  August  fifteenth,  two
     9  thousand sixteen, and to post the study on the website of the department
    10  of economic development.
    11    §  2. The opening paragraph of subdivision (h) of section 121 of chap-
    12  ter 261 of the laws of 1988, amending the state finance  law  and  other
    13  laws  relating  to  the  New  York  state  infrastructure trust fund, as
    14  amended by chapter 175 of the laws  of  2010,  is  amended  to  read  as
    15  follows:
    16    The  provisions  of  section  sixty-two  through sixty-six of this act
    17  shall expire on December thirty-first, two thousand [sixteen] seventeen,
    18  except that:
    19    § 3. This act shall take effect immediately; provided,  however,  that
    20  the amendments to section 312-a of the executive law made by section one
    21  of this act shall not affect the expiration of such section and shall be
    22  deemed to expire therewith.
 
    23                                   PART R
 
    24    Section  1.  Notwithstanding  any other law, rule or regulation to the
    25  contrary, expenses of the department of health public service  education
    26  program  incurred  pursuant  to appropriations from the cable television
    27  account of the state miscellaneous special revenue funds shall be deemed
    28  expenses of the department of public service.
    29    § 2. This act shall take effect immediately and  shall  be  deemed  to
    30  have been in full force and effect on and after April 1, 2015.
 
    31                                   PART S
 
    32    Section  1.  Section  2  of part BB of chapter 58 of the laws of 2012,
    33  amending the public authorities law relating to authorizing the dormito-
    34  ry authority to enter into certain design  and  construction  management
    35  agreements,  as amended by section 1 of part W of chapter 57 of the laws
    36  of 2014, is amended to read as follows:
    37    § 2. This act shall take effect immediately and shall  expire  and  be
    38  deemed repealed April 1, [2015] 2017.
    39    §  2.  Within 90 days of the effective date of this act, the dormitory
    40  authority of the state of New York  shall  provide  a  report  providing
    41  information  regarding  any  project undertaken pursuant to a design and
    42  construction management agreement, as authorized by part BB  of  chapter
    43  58  of the laws of 2012, between the dormitory authority of the state of
    44  New York and the department of  environmental  conservation  and/or  the
    45  office  of  parks, recreation and historic preservation to the governor,
    46  the temporary president of the senate and speaker of the assembly.  Such
    47  report  shall  include  but not be limited to a description of each such
    48  project, the project identification number  of  each  such  project,  if
    49  applicable, the projected date of completion, the status of the project,
    50  the total cost or projected cost of each such project, and the location,
    51  including  the  names  of  any county, town, village or city, where each
    52  such project is located or proposed. In addition, such a report shall be

        S. 2008--B                         24                         A. 3008--B
 
     1  provided to the aforementioned parties by the first day of March of each
     2  year that the authority to enter into such agreements pursuant  to  part
     3  BB of chapter 58 of the laws of 2012 is in effect.
     4    §  3.  This  act  shall take effect immediately and shall be deemed to
     5  have been in effect on and after April 1, 2015.
 
     6                                   PART T
 
     7    Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
     8  executive  law  relating to permitting the secretary of state to provide
     9  special handling for all documents filed or issued by  the  division  of
    10  corporations  and to permit additional levels of such expedited service,
    11  as amended by section 1 of part N of chapter 57 of the laws of 2014,  is
    12  amended to read as follows:
    13    §  2.  This  act shall take effect immediately, provided however, that
    14  section one of this act shall be deemed to have been in full  force  and
    15  effect  on  and  after  April  1, 2003 and shall expire March 31, [2015]
    16  2016.
    17    § 2. This act shall take effect immediately and  shall  be  deemed  to
    18  have been in full force and effect on and after March 31, 2015.
 
    19                                   PART U
 
    20    Section 1. Subdivision 2 of section 446-b of the real property law, as
    21  amended  by  chapter  61  of  the  laws  of  1989, is amended to read as
    22  follows:
    23    2. The application for such license shall be filed in  the  office  of
    24  the secretary of state on such forms as the secretary may prescribe [and
    25  shall be accompanied by a fee of four hundred dollars].
    26    §  2.  Subdivision  3  of  section  446-b of the real property law, as
    27  amended by chapter 805 of the laws  of  1980,  is  amended  to  read  as
    28  follows:
    29    3. When the apartment information vendor maintains more than one place
    30  of  business,  he  shall  apply  for  [and  the secretary shall issue] a
    31  supplemental license for each branch office so maintained [upon  payment
    32  of  a  fee of two hundred fifty dollars for each supplemental license so
    33  issued]. Supplemental licenses shall be conspicuously displayed in  each
    34  branch  office.  The  display of an expired license by any person, firm,
    35  partnership or corporation is a violation  of  the  provisions  of  this
    36  article.
    37    §  3.  Subdivision  5  of  section  446-b of the real property law, as
    38  amended by chapter 805 of the laws  of  1980,  is  amended  to  read  as
    39  follows:
    40    5.  Any license granted under the provisions hereof may be renewed for
    41  one year by the secretary upon application therefor by  the  holder,  in
    42  such  form as the secretary may prescribe[, and payment of a two hundred
    43  fifty dollar fee for such license]. The secretary may dispense with  the
    44  requirement  for  the  filing of such statements as was contained in the
    45  original application for license.
    46    § 4. Subdivision 2 of section 446-d  of  the  real  property  law,  as
    47  amended  by  chapter  805  of  the  laws  of 1980, is amended to read as
    48  follows:
    49    2. The secretary shall be notified in writing at his or her office  in
    50  Albany  of  any change of a licensee's business address or name, and the
    51  secretary shall issue a license for the unexpired term, upon  return  of
    52  the  original  license  [and  the payment of a fee of twenty dollars]. A

        S. 2008--B                         25                         A. 3008--B
 
     1  licensee who fails to notify the secretary of  any  change  in  business
     2  address or name within ten days shall forfeit his or her license.
     3    § 5. This act shall take effect immediately.
 
     4                                   PART V
 
     5    Section  1. Section 219 of the agriculture and markets law, as amended
     6  by chapter 122 of the laws of 1988, is amended to read as follows:
     7    § 219. Application [and  fee].  Application  for  license  as  a  food
     8  salvager[,]  shall  be made upon a form prescribed by the commissioner[,
     9  shall be made on or before June  first  in  every  other  year  for  the
    10  license  period  beginning  July  first  following]. The applicant shall
    11  satisfy the commissioner of his or her character and that he or she  has
    12  adequate physical facilities for salvaging food and food products. If so
    13  satisfied,  the  commissioner  shall  [upon  receipt of the license fee]
    14  issue to the applicant  a  [license  which  shall  be]  non-transferable
    15  license,  which  will  expire  on the thirtieth of June of the next even
    16  numbered year following its issuance. [The biennial license fee shall be
    17  one hundred dollars.] Application for renewal  of  such  license  for  a
    18  period  of two years shall be made biennially, upon a form prescribed by
    19  the commissioner and submitted no later than thirty days  prior  to  the
    20  expiration  of  the  existing license. Where a person operates more than
    21  one salvage warehouse a separate license is required for each location.
    22    § 2. Section 231 of the agriculture and markets  law,  as  amended  by
    23  section  7  of  part I1 of chapter 62 of the laws of 2003, is amended to
    24  read as follows:
    25    § 231. Licenses, issuance of. No person or corporation shall  maintain
    26  or  operate  any  refrigerated  warehouse  and/or  locker  plant  unless
    27  licensed by the commissioner. Application[,] shall be made upon  a  form
    28  prescribed  by  the  commissioner[, shall be made on or before September
    29  first of every other year for the license period beginning October first
    30  following]. The applicant shall satisfy the commissioner of his or [its]
    31  her character, financial responsibility, and  competency  to  operate  a
    32  refrigerated  warehouse  or locker plant. The commissioner, if so satis-
    33  fied, shall[, upon receipt of the license fee or  fees,]  issue  to  the
    34  applicant  a  license or licenses [to operate the refrigerated warehouse
    35  or warehouses or locker plant or locker plants described in the applica-
    36  tion until the first day of October] which will expire on the  thirtieth
    37  of  September of the next odd numbered year following [the year in which
    38  such license was issued] its issuance.  [The biennial license fee  shall
    39  be  two  hundred  dollars  for  each refrigerated warehouse. If a locker
    40  plant is operated as part of a refrigerated warehouse and upon the  same
    41  premises,  no additional license fee shall be required.] Application for
    42  renewal of such license or licenses for a period of two years  shall  be
    43  made  biennially, upon a form prescribed by the commissioner and submit-
    44  ted no later than thirty days prior to the expiration  of  the  existing
    45  license or licenses.
    46    §  3.  Section  96-z-2 of the agriculture and markets law, as added by
    47  chapter 391 of the laws of 1968, is amended to read as follows:
    48    § 96-z-2. Application [and fees]. Application for a license to operate
    49  a disposal plant or transportation service[,] shall be made upon a  form
    50  prescribed  by  the  commissioner[, shall be made on or before September
    51  first in each year for the license year beginning October first  follow-
    52  ing]. The applicant shall satisfy the commissioner of his or her charac-
    53  ter  and  that he or she has adequate physical facilities for the opera-
    54  tion of a disposal plant or transportation service. If so satisfied, the

        S. 2008--B                         26                         A. 3008--B
 
     1  commissioner shall [upon payment of the license fee] issue to the appli-
     2  cant a non-transferable license which [shall be  non-transferable]  will
     3  expire  on the thirtieth day of September of the next even numbered year
     4  following  its issuance.   Application for renewal of such license for a
     5  period of two years shall be made biennially upon a form  prescribed  by
     6  the  commissioner  and  submitted no later than thirty days prior to the
     7  expiration of the existing  license.  [The  annual  license  fee  for  a
     8  disposal  plant  shall be one hundred dollars, plus an inspection fee of
     9  ten dollars for each vehicle. The annual license fee for  a  transporta-
    10  tion service shall be twenty-five dollars, plus an inspection fee of ten
    11  dollars for each vehicle.]
    12    §  4.  Section 128-a of the agriculture and markets law, as amended by
    13  chapter 451 of the laws of 2008, subdivisions 4, 5, 6, 7,  8  and  9  as
    14  renumbered  by section 2 of part N of chapter 58 of the laws of 2012, is
    15  amended to read as follows:
    16    § 128-a. Licenses. 1. No person shall manufacture any commercial  feed
    17  in  this state unless such person holds a license issued therefor by the
    18  commissioner. [Notwithstanding the foregoing, a person, in operation  on
    19  or  before the effective date of this section, who has filed an applica-
    20  tion for an initial license under this section shall  be  authorized  to
    21  operate  without  such  license  until the commissioner grants or, after
    22  notice and opportunity to be heard, declines  to  grant  such  license.]
    23  Each  application  for a license shall be made on a form supplied by the
    24  department and shall contain such information as may be required by  the
    25  department.  A  license  issued  on or before the thirtieth of June will
    26  expire on the thirty-first of December of the year of its issuance,  and
    27  if  issued  between July first and December thirty-first, will expire on
    28  the thirty-first day of December in the  year  following  its  issuance.
    29  Renewal  applications  shall  be  [submitted to] made annually on a form
    30  prescribed by the commissioner [at least] and submitted  no  later  than
    31  thirty days prior to the [commencement of the next license year] expira-
    32  tion of the existing license.
    33    2.  The  commissioner may deny any application for a license or revoke
    34  any license when granted, after written notice to the applicant  and  an
    35  opportunity to be heard, when:
    36    (a) any statement in the application or upon which it was issued is or
    37  was false or misleading;
    38    (b)  facilities  of  the  applicant  are not maintained in a manner as
    39  required by rules and regulations duly promulgated by the commissioner;
    40    (c) the maintenance and operation of the establishment of  the  appli-
    41  cant  is  such  that  the  commercial feed produced therein is or may be
    42  adulterated, misbranded, or not maintained in any manner as required  by
    43  this article;
    44    (d)  the  applicant  or  licensee, or an officer, director, partner or
    45  holder of ten per centum or more of the voting stock of the applicant or
    46  licensee, has failed to comply with any of the provisions of this  arti-
    47  cle or rules and regulations promulgated pursuant thereto; or
    48    (e)  the applicant or licensee is a partnership or corporation and any
    49  individual holding any position or interest or power of control  therein
    50  has  previously  been  responsible  in  whole  or in part for any act on
    51  account of which an application for licensure may be denied or a license
    52  revoked pursuant to the provisions of this article.
    53    3. [Each application for an initial license shall be accompanied by  a
    54  non-refundable  fee  of  one  hundred  dollars.  The  commissioner shall
    55  prorate the license fee for any person applying for an  initial  license
    56  after the commencement of the licensing period. Licenses shall be renew-

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

     1  able  annually thereafter, together with the payment of a non-refundable
     2  fee of fifty dollars.
     3    4.] Inspection in accordance with section one hundred thirty-five-a of
     4  this  article,  the  results  of  which  establish  compliance  with the
     5  provisions of this article, shall  precede  issuance  of  a  license  or
     6  renewal thereof under this section.
     7    [5.]  4.  Upon  validation  by the commissioner, the application shall
     8  become the license of the person.
     9    [6.] 5. The commissioner shall provide a copy of the  license  to  the
    10  [person]  licensee.  The  commissioner  shall  also retain a copy of the
    11  license.
    12    [7.] 6. No licensee shall publish or advertise the sale of any commer-
    13  cial feed unless the publication or advertisement is accompanied by such
    14  licensee's license number. [Notwithstanding the foregoing, a person,  in
    15  operation on or before the effective date of this section, who has filed
    16  an  application for an initial license under this section may publish or
    17  advertise the sale or availability of any commercial  feed  without  the
    18  publication  or  advertisement being accompanied by the person's license
    19  number until the commissioner grants or, after notice and opportunity to
    20  be heard, declines to grant such license.
    21    8.] 7. Commercial feed licenses shall be  conspicuously  displayed  on
    22  the  premises so that they may be readily seen by officers and employees
    23  of the department.
    24    [9.] 8. Notwithstanding the definition of commercial feed under subdi-
    25  vision seven of section one hundred twenty-eight of  this  article,  the
    26  provisions  of  this  section shall not apply to a person who conducts a
    27  business of selling pet food and specialty pet food.
    28    § 5. Section 142-ee of the agriculture and markets law, as amended  by
    29  chapter 251 of the laws of 1999, is amended to read as follows:
    30    §  142-ee.  License  [and  fee].  Each  certificate  filed pursuant to
    31  section one hundred forty-two-dd of this article shall be accompanied by
    32  an application, upon forms supplied by the commissioner, for  a  license
    33  to  supply  such  material  under  the brand name specified therein, and
    34  there shall be transmitted therewith a copy of  the  label  and  of  the
    35  statement proposed to accompany such material in compliance with section
    36  one  hundred forty-two-cc[, together with a license fee of forty dollars
    37  for each such brand] of this article.  Such application  shall  incorpo-
    38  rate by reference the data contained in the accompanying certificate for
    39  the  brand  for  which  the  license is sought. Upon compliance with the
    40  provisions of this article, the applicant shall be issued a license  for
    41  the  supplying of such qualifying brand of agricultural liming material,
    42  which license shall expire on the thirty-first day of  December  of  the
    43  next even numbered year following the year in which it is issued, but no
    44  such  license  shall  be  issued  for the supplying of any such material
    45  which does not meet the minimum standards herein provided for,  nor  for
    46  the  supplying  thereof  under a brand descriptive designation or with a
    47  label or accompanying statement which is or tends to  be  misleading  or
    48  deceptive  as  to  quality,  analysis  or composition. Application for a
    49  renewal of the license for a period of two years shall be made biennial-
    50  ly, upon a form prescribed by the commissioner and  submitted  no  later
    51  than  thirty  days  prior to the expiration of the existing license. Any
    52  such license so issued may be revoked by the commissioner, after  notice
    53  to  the  licensee by mail or otherwise and opportunity to be heard, when
    54  it appears that any statement or representation upon which it is  issued
    55  is  false  or  misleading. The action of the commissioner in refusing to
    56  grant a license, or in revoking a license, shall be subject to review by

        S. 2008--B                         28                         A. 3008--B
 
     1  a proceeding under article seventy-eight of the civil practice  law  and
     2  rules, but the decision of the commissioner shall be final unless within
     3  thirty  days  from  the  date  of  the  order embodying such action such
     4  proceeding to review has been instituted.
     5    Whenever  a  manufacturer,  producer  or  distributor  shall have been
     6  licensed to supply a particular brand of material hereunder,  no  agent,
     7  seller or retailer of such brand shall be required to file a certificate
     8  or  obtain  a  license  for  such  brand  during a period for which such
     9  license is in effect, nor upon such goods which were acquired  during  a
    10  period  for which a license was in effect and remaining undistributed in
    11  subsequent years.
    12    § 6. Subdivision (a) of section 146 of  the  agriculture  and  markets
    13  law,  as  amended by chapter 251 of the laws of 1999, is amended to read
    14  as follows:
    15    (a) No person shall distribute in this state any  type  of  fertilizer
    16  until a [biennial] license to distribute the same has been obtained from
    17  the commissioner by the person whose labelling is applied to such ferti-
    18  lizer  upon  payment  of  a  one hundred fifty dollar fee. [All licenses
    19  shall expire on a date to be set by the  commissioner  in  regulations.]
    20  The  initial  license  issued hereunder shall expire on December thirty-
    21  first of the next even numbered year following the year in which it  was
    22  issued  and each renewal of that license shall be for a two year period,
    23  ending on December thirty-first.  Application  for  a  renewal  of  such
    24  license  shall be made biennially, upon a form prescribed by the commis-
    25  sioner and be submitted no later than thirty days prior to  the  expira-
    26  tion of the existing license.
    27    §  7.  Section 147-b of the agriculture and markets law, as amended by
    28  chapter 122 of the laws of 1988, is amended to read as follows:
    29    § 147-b. License. No person shall sell, offer or expose  for  sale  in
    30  this  state  any  soil or plant inoculant unless licensed as provided in
    31  this section. Application for a  license  shall  be  made  upon  a  form
    32  prescribed  by  the commissioner [shall be made biennially. The applica-
    33  tion] and shall include a statement  as  to  whether  the  inoculant  is
    34  represented  as  effective  for  inoculating  legumes  or for some other
    35  purpose, and,  if  represented  as  effective  for  the  inoculation  of
    36  legumes,  for  which  legume  or  legumes it is so represented. With the
    37  application, the applicant shall present a representative sample of  the
    38  soil  or plant inoculant described in the application. The commissioner,
    39  if satisfied that the inoculant may  be  depended  upon  to  produce  an
    40  effective  inoculation  for the purpose represented, shall issue to such
    41  applicant a license for the sale of such inoculant, expiring on December
    42  thirty-first of the next even numbered year following [the year in which
    43  it is issued] its issuance.  [The applicant shall pay biennially, at the
    44  time of presenting the application, to the commissioner  for  remittance
    45  to the state treasury, a license fee of twenty dollars for each brand of
    46  inoculants  as  defined  in  the  rules  and  regulations adopted by the
    47  commissioner as provided in this article.] Application  for  renewal  of
    48  such  license  for a period of two years shall be made biennially upon a
    49  form prescribed by the commissioner and submitted no later  than  thirty
    50  days prior to the expiration of the existing license.
    51    §  8. Paragraph (a) of subdivision 1 of section 248 of the agriculture
    52  and markets law, as amended by chapter 490  of  the  laws  of  2005,  is
    53  amended to read as follows:
    54    (a)  No  person  shall  act as a dealer unless licensed as provided in
    55  this article. Application shall be made upon  such  forms  and  at  such
    56  times  as  prescribed by the commissioner. Renewal applications shall be

        S. 2008--B                         29                         A. 3008--B
 
     1  submitted to  the  commissioner  at  least  thirty  days  prior  to  the
     2  [commencement of the next] expiration of the existing license [year]. No
     3  action  will  be  taken on applications deemed incomplete by the commis-
     4  sioner.  The applicant shall furnish evidence of his or her good charac-
     5  ter, financial statements, prepared and certified by a certified  public
     6  accountant  when  required  by the commissioner, and evidence that he or
     7  she has adequate physical facilities for  receiving  and  handling  farm
     8  products or processing farm products if he or she is to act as a dealer.
     9  The  commissioner, if so satisfied, shall issue to such applicant, [upon
    10  payment of twenty dollars, and] upon the filing of a bond or  letter  of
    11  credit  and  upon payment of a fee to be deposited into the agricultural
    12  producers security fund as hereinafter provided, a license entitling the
    13  applicant to conduct the business of a dealer in  farm  products  for  a
    14  period of one year. Notwithstanding any other provision of this section,
    15  an  applicant  who  intends to pay and a licensee who pays upon delivery
    16  for purchases of farm products from producers, in cash, or  cash  equiv-
    17  alent,  including  only certified or bank check, money order, electronic
    18  funds transfer, or by debit card, shall be exempt from filing a bond  or
    19  letter of credit.  In the event that a licensee who has been so exempted
    20  from  filing  a  bond  or  letter  of credit fails to pay cash or a cash
    21  equivalent upon delivery for  any  purchase  of  farm  products  from  a
    22  producer,  such licensee shall file a bond or letter of credit as other-
    23  wise required by this section with the commissioner no  later  than  ten
    24  business  days from the date the commissioner notifies the licensee that
    25  such bond or letter of credit is required.
    26    § 9. Subdivision 5 of section 500 of the agriculture and markets  law,
    27  as amended by section 3 of part II of chapter 59 of the laws of 2009, is
    28  amended to read as follows:
    29    5. Licensure. No person shall maintain or operate a retail food store,
    30  food  service  establishment or food warehouse unless such establishment
    31  is licensed pursuant to the provisions of this article, provided, howev-
    32  er, that establishments registered, permitted or licensed by the depart-
    33  ment pursuant to other provisions of  this  chapter,  under  permit  and
    34  inspection by the state department of health or by a local health agency
    35  which  maintains  a  program certified and approved by the state commis-
    36  sioner of health, or subject to inspection by the United States  depart-
    37  ment  of  agriculture  pursuant  to  the  federal  meat,  poultry or egg
    38  inspection programs, shall be exempt from licensure under this  article.
    39  Application  for  licensure  of a retail food store, food service estab-
    40  lishment or food warehouse shall be made, upon a form prescribed by  the
    41  commissioner,  on  or  before December first of every other year for the
    42  registration period beginning January first following.  Upon  submission
    43  of  a completed application, together with the applicable licensing fee,
    44  the commissioner shall issue a license to the retail  food  store,  food
    45  service establishment or food warehouse described in the application for
    46  two  years  from  the  [applicable  registration commencement period set
    47  forth in this section] date of issuance.  The  [licensing]  license  fee
    48  shall  be  two  hundred fifty dollars provided, however, that food ware-
    49  houses shall pay a [licensing] license  fee  of  four  hundred  dollars.
    50  Notwithstanding  the  preceding  sentence,  the commissioner shall, upon
    51  submission of a completed application for a new license by an  applicant
    52  that  is  a  chain  store, as defined by subdivision five of section two
    53  hundred fifty-one-z-two of this chapter, issue such license for a period
    54  ending on the same date as the licenses of the other chain  stores  that
    55  are a part of the same network.

        S. 2008--B                         30                         A. 3008--B
 
     1    §  10.  Subdivision  1 of section 133-a of the agriculture and markets
     2  law is amended by adding a new paragraph (c) to read as follows:
     3    (c)  No  fee  shall  be  paid by any person for any year in which such
     4  person distributed less than one hundred tons of  feed  ingredients  and
     5  commercial feeds in this state.
     6    § 11. This act shall take effect immediately.
 
     7                                   PART W
 
     8    Section  1.  Legislative  findings.  The  legislature hereby finds and
     9  determines that the establishment of  the  utility  debt  securitization
    10  authority  under part B of chapter 173 of the laws of 2013 permitted the
    11  issuance of securitized restructuring bonds  on  favorable  terms  which
    12  resulted  in  lower  aggregate distribution, transmission and transition
    13  charges to Long Island ratepayers, compared to other available  alterna-
    14  tives, and the purposes of such act will be further advanced by amending
    15  such  act  to  permit the issuance of additional such bonds subject to a
    16  limit on the outstanding principal amount thereof, including the  poten-
    17  tial  issuance  of  such  bonds  by  a  newly created restructuring bond
    18  issuer.
    19    § 2. Subdivision 10 of section 2 of part B of chapter 173 of the  laws
    20  of  2013  relating to the issuance of securitized restructuring bonds to
    21  refinance the outstanding debt of the Long  Island  power  authority  is
    22  amended to read as follows:
    23    10.  "Restructuring bond issuer" means the corporate municipal instru-
    24  mentality of the state created under paragraph (a) or (b) of subdivision
    25  one of section four of this act.
    26    § 2-a. Subdivision 11 of section 2 of part B of  chapter  173  of  the
    27  laws of 2013 relating to the issuance of securitized restructuring bonds
    28  to  refinance the outstanding debt of the Long Island power authority is
    29  amended to read as follows:
    30    11. "Restructuring bonds" means bonds or other  evidences  of  indebt-
    31  edness  that  are  issued pursuant to an indenture or other agreement of
    32  the restructuring bond issuer under a restructuring cost financing order
    33  (a) the proceeds of which are used, directly or indirectly, to  recover,
    34  finance, or refinance approved restructuring costs, (b) that are direct-
    35  ly  or  indirectly  secured by, or payable from, restructuring property,
    36  [and] (c) that have a term no longer than thirty years and (d) that have
    37  a final scheduled maturity date no later than the final scheduled  matu-
    38  rity  date  of  the authority bonds purchased, redeemed or defeased with
    39  the proceeds of such restructuring bonds.
    40    § 3. The section heading and subdivision 1 of section 4 of part  B  of
    41  chapter  173 of the laws of 2013 relating to the issuance of securitized
    42  restructuring bonds to refinance the outstanding debt of the Long Island
    43  power authority is amended to read as follows:
    44    Creation of restructuring bond  [issuer]  issuers.    1.  Creation  of
    45  restructuring  bond [issuer] issuers.  (a) For the purpose of effectuat-
    46  ing the purposes declared in section one of this act,  there  is  hereby
    47  created  a  special  purpose  corporate municipal instrumentality of the
    48  state to be known as  "utility  debt  securitization  authority",  which
    49  shall  be  a  body corporate and politic, a political subdivision of the
    50  state, and a public benefit corporation,  exercising  essential  govern-
    51  mental and public powers for the good of the public. [The] Such restruc-
    52  turing bond issuer shall not be created or organized, and its operations
    53  shall  not  be conducted, for the purpose of making a profit. No part of
    54  the revenues or assets of [the] such  restructuring  bond  issuer  shall

        S. 2008--B                         31                         A. 3008--B
 
     1  inure  to the benefit of or be distributable to its trustees or officers
     2  or any other private persons,  except  as  herein  provided  for  actual
     3  services  rendered.    The  aggregate  principal amount of restructuring
     4  bonds  authorized  to  be  issued  by restructuring bond issuers created
     5  pursuant to this act shall not exceed four billion five hundred  million
     6  dollars.
     7    (b)  For  the purpose of effectuating the purposes declared in section
     8  one of this act, and in contemplation of satisfaction of the  conditions
     9  set  forth  in  the  last  sentence  of  this paragraph, there is hereby
    10  created a special purpose corporate  municipal  instrumentality  of  the
    11  state  to  be  known  as  "utility debt securitization authority no. 2",
    12  which shall be a body corporate and politic, a political subdivision  of
    13  the  state,  and  a  public  benefit  corporation,  exercising essential
    14  governmental and public powers for the good of the public. Such restruc-
    15  turing bond issuer shall not be created or organized, and its operations
    16  shall not be conducted, for the purpose of making a profit. No  part  of
    17  the  revenues or assets of such restructuring bond issuer shall inure to
    18  the benefit of or be distributable to its trustees or  officers  or  any
    19  other  private  persons,  except  as herein provided for actual services
    20  rendered. Such restructuring bond issuer shall  issue  no  restructuring
    21  bonds  unless and until the authority by resolution shall have found and
    22  determined that on the basis of the documents and opinions presented  to
    23  it,  the  terms  of  sale  of  such  bonds are, at such time, reasonably
    24  expected to be more favorable than such terms would be if such  restruc-
    25  turing  bonds were to be issued by the restructuring bond issuer created
    26  by paragraph (a) of this subdivision.
    27    (c) Notwithstanding subdivision four of this section, if the authority
    28  by such resolution passed in the last sentence of paragraph (b) of  this
    29  subdivision,  creates the restructuring bond issuer created by paragraph
    30  (b) of this subdivision,  the  legislature  shall  have  two  additional
    31  appointees  on such restructuring bond issuer's board, one of whom shall
    32  be appointed by the temporary president of the senate, and one  of  whom
    33  shall  be appointed by the speaker of the assembly, these two appointees
    34  are in addition to the three  trustees  appointed  by  the  governor  in
    35  subdivision  four of this section. The appointee of the temporary presi-
    36  dent of the senate shall serve an  initial  term  of  three  years;  the
    37  appointee  of the speaker of the assembly shall serve an initial term of
    38  six years. Their successor shall serve for terms of six years each.  The
    39  appointing  officer  may remove any trustee for inefficiency, neglect of
    40  duty or misconduct in office after giving him  or  her  a  copy  of  the
    41  charges  against him or her and an opportunity to be heard, in person or
    42  by counsel, in his or her defense, upon not less than ten  days  notice.
    43  If any trustee shall be so removed, the appointing officer shall file in
    44  the office of the department of state a complete statement of the charg-
    45  es  made  against such trustee and his or her findings thereon, together
    46  with a complete record of the proceedings. Trustees  appointed  pursuant
    47  to this paragraph shall be subject to paragraphs (b), (c), (d), (e), (g)
    48  and (h) of subdivision four of this section.
    49    § 4. Subparagraphs (i), (ii) and (iii) of paragraph (a) of subdivision
    50  2  of section 4 of part B of chapter 173 of the laws of 2013 relating to
    51  the  issuance  of  securitized  restructuring  bonds  to  refinance  the
    52  outstanding  debt  of  the Long Island power authority are amended and a
    53  new subparagraph (iv) is added to read as follows:
    54    (i) issue the restructuring bonds contemplated by a restructuring cost
    55  financing order, and use the proceeds thereof to  purchase  or  acquire,
    56  and  to  own,  hold  and  use  restructuring  property or to pay or fund

        S. 2008--B                         32                         A. 3008--B
 
     1  upfront financing costs provided, however, that the  restructuring  bond
     2  issuer  shall [only] not issue [and sell] restructuring bonds [once] for
     3  the purpose of refunding other restructuring bond;
     4    (ii)  contract for servicing of restructuring property and restructur-
     5  ing bonds and for administrative services; [and]
     6    (iii) pledge the restructuring property to  secure  the  restructuring
     7  bonds  and  the  payment  of  ongoing  financing  costs, all pursuant to
     8  section seven of this act[.]; and
     9    (iv) only issue restructuring bonds of which the final scheduled matu-
    10  rity date of any series of restructuring bonds shall be  no  later  than
    11  the  final  scheduled  maturity  date  of  the  authority  bonds  to  be
    12  purchased, redeemed or defeased with the proceeds of such  restructuring
    13  bonds.
    14    § 5. Section 16 of part A of chapter 173 of the laws of 2013, amending
    15  the  public  service  law, the public authorities law, the executive law
    16  and the education law relating to the powers and duties of  the  depart-
    17  ment  of  public service and the Long Island power authority, is amended
    18  to read as follows:
    19    § 16. Repowering. The Long Island power authority, in cooperation with
    20  its service provider, as defined under section 3-b of the public service
    21  law, and the owner of the legacy LILCO power generating facilities  will
    22  perform  an  engineering,  environmental permitting and cost feasibility
    23  analysis and study  of  repowering  the  Port  Jefferson  power  station
    24  located  in  the  town  of Brookhaven in the county of Suffolk, the E.F.
    25  Barrett power station located in the town of Hempstead in the county  of
    26  Nassau, and the Northport power station located in the village of North-
    27  port  in  the  county  of  Suffolk.  Such study will focus on repowering
    28  utilizing greater efficiency and environmentally friendly  technologies,
    29  and  shall  have  been  commenced  no later than October 1, 2015 for the
    30  power stations in the town of Brookhaven and the town of Hempstead,  and
    31  no  later  than  October 1, 2018 for the power station in the village of
    32  Northport. These analyses shall be completed and presented to the  board
    33  of  the  Long  Island  power authority and the Long Island branch of the
    34  department of public service no later than  eighteen  months  after  the
    35  analysis commencement date. If after the Long Island power authority, or
    36  its  successor,  determines, in accordance with the feasibility determi-
    37  nations resulting from the studies and analyses  authorized  under  this
    38  section,  and  in  accordance with the terms and conditions contained in
    39  the amended and restated power supply agreement ("A&R PSA"), dated Octo-
    40  ber 10, 2012, between the authority and the owner of  the  legacy  LILCO
    41  power generating facilities, that repowering any such generating facili-
    42  ty  is  in  the  best  interests  of its ratepayers and will enhance the
    43  authority's ability to provide a more efficient, reliable and economical
    44  supply of electric energy in its service territory, consistent with  the
    45  goal of improving environmental quality, the authority will exercise its
    46  rights  under  the  A&R  PSA  related to repowering any such facility or
    47  facilities, and shall enter into an agreement  related  to  payments  in
    48  lieu-of-taxes  for a term commensurate with any power purchase agreement
    49  entered into related to such repowered facility, consistent  with  other
    50  such  agreements  related to generating facilities under contract to the
    51  authority in the service territory.
    52    § 6. This act shall take effect immediately.
 
    53                                   PART X

        S. 2008--B                         33                         A. 3008--B
 
     1    Section 1.  Paragraphs (a), (b) and (d) of subdivision  4  of  section
     2  174 of the navigation law, paragraph (a) as amended by section 1 of part
     3  E  of chapter 413 of the laws of 1999, paragraph (b) as amended by chap-
     4  ter 512 of the laws of 1986 and paragraph (d) as added by section 21  of
     5  part  A  of  chapter  58  of  the  laws  of 1998, are amended to read as
     6  follows:
     7    (a) The license fee shall be [one cent] nine and  one-half  cents  per
     8  barrel  transferred  [until  the  balance in such account established by
     9  paragraph (a) of subdivision two of section one hundred seventy-nine  of
    10  this  article  equals or exceeds twenty-five million dollars], provided,
    11  however, that the fee on any  barrel,  including  any  products  derived
    12  therefrom,  subject  to multiple transfer, shall be imposed only once at
    13  the point of first transfer.   Provided further,  the  license  fee  for
    14  major  facilities  that (i) transfer barrels for their own use, and (ii)
    15  do not sell or transfer the product subject to such license  fee,  shall
    16  be  eight  cents.  In  each  fiscal year following any year in which the
    17  balance of [such] the account established by paragraph (a)  of  subdivi-
    18  sion  two  of section one hundred seventy-nine of this article equals or
    19  exceeds [twenty-five] forty million dollars, no  license  fee  shall  be
    20  imposed  unless  (a)  the  current  balance in such account is less than
    21  [twenty] thirty-five million dollars or (b) pending claims against  such
    22  account  exceed  fifty  percent of the existing balance of such account.
    23  [The provisions of the foregoing  notwithstanding,  should  claims  paid
    24  from  such  account  not  exceed five million dollars within three years
    25  after the license fee is first imposed, the license  fee  shall  be  one
    26  cent  per barrel transferred until the balance in such account equals or
    27  exceeds eighteen million dollars, and thereafter shall  not  be  imposed
    28  unless:  (1)  the  current  balance in such account is less than fifteen
    29  million dollars or (2) pending claims against such account exceed  fifty
    30  percent of the existing balance of such account.] In the event of either
    31  such occurrence and upon certification thereof by the state comptroller,
    32  the  administrator  shall  within  ten  days of the date of such certif-
    33  ication reimpose the license fee, which shall take effect on  the  first
    34  day  of  the  month  following  such  relevy.  [In  the event of a major
    35  discharge or series of  discharges  resulting  in  claims  against  such
    36  account  exceeding the existing balance of such account, the license fee
    37  shall be imposed at the rate of eight cents per barrel transferred until
    38  the balance in such account equals pending claims against such  account;
    39  provided,  however,  that  the] The rate may be set at less than [eight]
    40  nine and one-half cents per  barrel  transferred  if  the  administrator
    41  determines  that the revenue produced by such lower rate shall be suffi-
    42  cient to pay outstanding claims against such account within one year  of
    43  such imposition of the license fee. Should such account exceed [eighteen
    44  million  dollars  or  twenty-five]  forty  million  dollars,  [as herein
    45  provided,] as a result of interest, the administrator  and  the  commis-
    46  sioner of environmental conservation shall report to the legislature and
    47  the  governor  concerning  the options for the use of such interest. The
    48  fee established by this paragraph shall not be imposed upon  any  barrel
    49  which  is  transferred  to a land based facility but thereafter exported
    50  from this state for use outside the state and is shipped  to  facilities
    51  outside  the  state  regardless  of whether the delivery or sale of such
    52  petroleum occurs in this state.
    53    (b) The surcharge on the license fee shall be [two and one-half  cents
    54  per  barrel for each barrel transferred on or after June first, nineteen
    55  hundred eighty-five but before February first, nineteen hundred  eighty-
    56  eight.  Such  surcharge shall be three and one-half cents per barrel for

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

     1  each barrel transferred on or after  February  first,  nineteen  hundred
     2  eighty-eight,  but  before February first, nineteen hundred ninety. Such
     3  surcharge shall be] four and  one-quarter  cents  per  barrel  for  each
     4  barrel transferred on or after February first, nineteen hundred ninety.
     5    (d)  The  surcharge  established  by paragraph (b) of this subdivision
     6  shall be [one and one-half] thirteen and three quarters cents per barrel
     7  for any barrel that is transferred but  thereafter  exported  from  this
     8  state  for  use  outside the state as described by paragraph (a) of this
     9  subdivision. Twelve and one-quarter cents of  such  surcharge  shall  be
    10  credited  to the account established by paragraph (a) of subdivision two
    11  of section one hundred seventy-nine of this article.
    12    § 2. Paragraph (a) of subdivision 2 of section 179 of  the  navigation
    13  law,  as  amended   by section 2 of part I of chapter 577 of the laws of
    14  2004, is amended to read as follows:
    15    (a) An account which shall be  credited  with  all  license  fees  and
    16  penalties  collected  pursuant  to  paragraph (b) of subdivision one and
    17  paragraph (a) of subdivision four of section one hundred seventy-four of
    18  this article, the portion of the surcharge collected pursuant  to  para-
    19  graph  (d)  of  subdivision  four of section one hundred seventy-four of
    20  this article, penalties collected pursuant to paragraph (b) of  subdivi-
    21  sion  four  of section one hundred seventy-four-a of this article, money
    22  collected pursuant to section one hundred eighty-seven of this  article,
    23  all  penalties  collected  pursuant to section one hundred ninety-two of
    24  this article, and registration fees collected  pursuant  to  subdivision
    25  two of section 17-1009 of the environmental conservation law.
    26    §  3.  Subdivision 7 of section 185 of the navigation law, as added by
    27  chapter 672 of the laws of 1991, is amended to read as follows:
    28    7. Within sixty calendar days from the close of such hearing and after
    29  due consideration of the written and oral statements and  testimony  and
    30  arguments filed pursuant to this section, or on default in appearance on
    31  said  return  day,  the  administrator shall make [his] a final determi-
    32  nation on the validity or amount of the  damage  claims  or  claims  for
    33  cleanup  and removal costs filed by the injured persons. The administra-
    34  tor shall notify the claimant and,  if  known,  the  alleged  discharger
    35  thereof in writing by registered mail.
    36    §  4. Paragraph a of subdivision 1 and subdivisions 3 and 4 of section
    37  186 of the navigation law, paragraph a of subdivision  1  as  separately
    38  amended by chapters 35 and 38 of the laws of 1985 and subdivisions 3 and
    39  4  as  amended by chapter 38 of the laws of 1985, are amended to read as
    40  follows:
    41    (a) Moneys in the account established by paragraph (a) of  subdivision
    42  two  of section one hundred seventy-nine of this part shall be disbursed
    43  by the administrator, upon certification by the  commissioner,  for  the
    44  purpose  of costs incurred under section one hundred seventy-six of this
    45  article. (i) Beginning in state fiscal year  two  thousand  fifteen--two
    46  thousand  sixteen,  up  to  two million one hundred thousand dollars per
    47  year shall be appropriated to the department for use only  for  the  oil
    48  spill  prevention  and training purposes authorized in subdivision three
    49  of this section.
    50    3. Moneys appropriated to the department pursuant to subparagraph  (i)
    51  of  paragraph  (a) of subdivision one of this section, up to two million
    52  one hundred thousand dollars, shall be disbursed only for the  following
    53  purposes:
    54    (a)  Such sums as may be necessary for the acquisition and maintenance
    55  of petroleum spill prevention, response or personal safety equipment and

        S. 2008--B                         35                         A. 3008--B
 
     1  supplies and training for state and local government entities, including
     2  emergency services agencies and personnel.
     3    (b)  Such sums as may be necessary for petroleum spill response drills
     4  and exercises.
     5    (c) Such sums as may be necessary  for  identification,  mapping,  and
     6  analysis  of populations, environmentally sensitive areas, and resources
     7  at risk from spills of petroleum and related impacts; and  the  develop-
     8  ment,  implementation,  and  updating  of  contingency  plans, including
     9  geographic response plans, to protect those populations, sensitive envi-
    10  ronments, and resources in the event of a spill of petroleum or  related
    11  impacts.
    12    (d)  Spending  pursuant  to  this subdivision shall be included in the
    13  annual report required by section one hundred ninety-six of  this  arti-
    14  cle.
    15    4.  Moneys  shall be disbursed from the fund only for the purposes set
    16  forth in subdivisions one [and], two and three of this section.
    17    [4.] 5. The state comptroller may invest and reinvest  any  moneys  in
    18  said  fund  in  obligations  in  which  the comptroller is authorized to
    19  invest pursuant to the provisions of section ninety-eight-a of the state
    20  finance law.  Any income or interest derived from such investment  shall
    21  be included in the fund.
    22    §  5.  Subdivision  2  of  section  97-b  of the state finance law, as
    23  amended by section 4 of part I of chapter 1 of  the  laws  of  2003,  is
    24  amended to read as follows:
    25    2. Such fund shall consist of all of the following:
    26    (a)  moneys appropriated for transfer to the fund's site investigation
    27  and construction account; (b) all fines and other  sums  accumulated  in
    28  the fund prior to April first, nineteen hundred eighty-eight pursuant to
    29  section 71-2725 of the environmental conservation law for deposit in the
    30  fund's  site  investigation  and  construction  account;  (c) all moneys
    31  collected or received by the department of taxation and finance pursuant
    32  to section 27-0923 of the environmental conservation law for deposit  in
    33  the  fund's  industry fee transfer account; (d) all moneys paid into the
    34  fund pursuant to section 72-0201 of the environmental  conservation  law
    35  which  shall  be  deposited in the fund's industry fee transfer account;
    36  (e) all moneys paid into the fund pursuant to paragraph (b) of  subdivi-
    37  sion  one  of section one hundred eighty-six of the navigation law which
    38  shall be deposited in the fund's industry fee transfer account; [(f) all
    39  moneys paid into the fund by municipalities for  repayment  of  landfill
    40  closure  loans  made  pursuant to title five of article fifty-two of the
    41  environmental conservation law for deposit in the fund's  site  investi-
    42  gation  and  construction  account;  (g)] (f) all monies recovered under
    43  sections 56-0503, 56-0505 and 56-0507 of the environmental  conservation
    44  law into the fund's environmental restoration project account; [(h)] (g)
    45  all fees paid into the fund pursuant to section [72-0403] 72-0402 of the
    46  environmental  conservation  law  which shall be deposited in the fund's
    47  industry fee transfer account; [(i)] (h) payments received for all state
    48  costs incurred in  negotiating  and  overseeing  the  implementation  of
    49  brownfield site cleanup agreements pursuant to title fourteen of article
    50  twenty-seven of the environmental conservation law shall be deposited in
    51  the  hazardous  waste  remediation oversight and assistance account; and
    52  [(j)] (i) other moneys credited or transferred thereto  from  any  other
    53  fund  or  source  for  deposit  in  the  fund's  site  investigation and
    54  construction account.
    55    § 6. Section 196 of the navigation law, as amended by  chapter  35  of
    56  the laws of 1985, is amended to read as follows:

        S. 2008--B                         36                         A. 3008--B
 
     1    § 196. Reports.  The  commissioner and the administrator shall make an
     2  annual report to the legislature and the governor which  shall  describe
     3  the  quality  and quantity of spills of petroleum, the costs and damages
     4  paid by and recovered for the fund, and moneys spent pursuant to  subdi-
     5  vision three of section one hundred eighty-six of this article including
     6  amounts   spent   for  oil  spill  prevention  and  training  activities
     7  conducted, and equipment purchased, and the economic  and  environmental
     8  impact on the state as a result of the administration of this article.
     9    §  7.  This  act  shall take effect immediately, provided however, the
    10  increased fees authorized in section one of this act shall  take  effect
    11  September  1,  2015 and shall apply to any barrel that is transferred on
    12  and after such date.
 
    13                                   PART Y
 
    14    Section 1. The opening paragraph of subdivision 1 of  section  72-0303
    15  of  the  environmental conservation law, as amended by section 1 of part
    16  BBB of chapter 59 of the laws of 2009, is amended to read as follows:
    17    Commencing January first, two thousand fifteen and every  year  there-
    18  after,  all sources of regulated air contaminants identified pursuant to
    19  subdivision one of section 19-0311 of this chapter shall submit  to  the
    20  department an annual base fee of two thousand five hundred dollars. This
    21  base fee shall be in addition to the fees listed below. Commencing Janu-
    22  ary  first,  nineteen  hundred ninety-four and every year thereafter all
    23  sources of regulated air contaminants identified pursuant to subdivision
    24  one of section 19-0311 of this chapter shall submit to the department an
    25  annual fee [of forty-five dollars per ton] not to  exceed  the  per  ton
    26  fees  described  below. The per ton fee is assessed on each ton of emis-
    27  sions up to seven thousand tons annually of each regulated  air  contam-
    28  inant  as  follows:    [forty-five] sixty dollars per ton for facilities
    29  with total emissions less  than  one  thousand  tons  annually;  [fifty]
    30  seventy dollars per ton for facilities with total emissions of one thou-
    31  sand  or  more  but  less  than two thousand tons annually; [fifty-five]
    32  eighty dollars per ton for facilities with total emissions of two  thou-
    33  sand or more but less than five thousand tons annually; and [sixty-five]
    34  ninety dollars per ton for facilities with total emissions of five thou-
    35  sand  or  more tons annually. Such fee shall be sufficient to support an
    36  appropriation approved by the legislature for the  direct  and  indirect
    37  costs  associated  with  the  operating  permit  program  established in
    38  section 19-0311 of this chapter. Such fee shall be  established  by  the
    39  department and shall be calculated by dividing the amount of the current
    40  year  appropriation  from  the  operating  permit program account of the
    41  clean air fund by the total tons of emissions of regulated  air  contam-
    42  inants that are subject to the operating permit program fees from sourc-
    43  es  subject  to the operating permit program pursuant to section 19-0311
    44  of this chapter up to seven thousand tons annually of each regulated air
    45  contaminant from each source; provided that, in making such calculation,
    46  the department shall adjust their calculation to account for any deficit
    47  or surplus in the operating permit program account of the clean air fund
    48  established pursuant to section ninety-seven-oo  of  the  state  finance
    49  law;  any loan repayment from the mobile source account of the clean air
    50  fund established  pursuant  to  section  ninety-seven-oo  of  the  state
    51  finance  law;  and the rate of collection by the department of the bills
    52  issued for the fee for the prior year.
    53    § 2. Intentionally omitted.

        S. 2008--B                         37                         A. 3008--B
 
     1    § 3. Subdivisions a, b, c, d, e, f, g, h, i, j, k, l, m, n, q and t of
     2  section 72-0602 of the environmental conservation law, paragraphs a,  b,
     3  c,  d, e, f, g, h, q and t as amended by section 1 of part JJ of chapter
     4  59 of the laws of 2009, subdivision i as amended by section 1 of part T1
     5  of  chapter 62 of the laws of 2003, and subdivisions j, k, l, m and n as
     6  amended by chapter 62 of the laws  of  1989,  are  amended  to  read  as
     7  follows:
     8    a.  [$300.00]  $330.00  for  any  P/C/I  facilities having a permit to
     9  discharge or discharging at an average daily rate of less  than  100,000
    10  gallons;
    11    b. [$600.00] $675.00 for P/C/I facilities having a permit to discharge
    12  or discharging at an average daily rate of 100,000 gallons or more;
    13    c.  [$600.00]  $675.00  for  industrial  facilities having a permit to
    14  discharge or discharging at an average daily rate of  less  than  10,000
    15  gallons;
    16    d.  [$2,000.00] $2,300.00 for industrial facilities having a permit to
    17  discharge or discharging at an average  daily  rate  of  between  10,000
    18  gallons and 99,999 gallons;
    19    e.  [$6,000.00] $6,700.00 for industrial facilities having a permit to
    20  discharge or discharging at an average daily  rate  of  between  100,000
    21  gallons and 499,999 gallons;
    22    f.  [$20,000.00]  $22,500.00 for industrial facilities having a permit
    23  to discharge or discharging at an average daily rate of between  500,000
    24  and 999,999 gallons;
    25    g.  [$30,000.00]  $33,500.00 for industrial facilities having a permit
    26  to discharge  or  discharging  at  an  average  daily  rate  of  between
    27  1,000,000 and 9,999,999 gallons;
    28    h.  [$50,000.00]  $56,000.00 for industrial facilities having a permit
    29  to discharge or discharging at  an  average  daily  rate  of  10,000,000
    30  gallons or more;
    31    i. [$50,000.00] $56,000.00 for any power plant;
    32    j.  [$375.00]  $425.00  for  municipal  facilities  having a permit to
    33  discharge or discharging at an average daily rate of less  than  200,000
    34  gallons;
    35    k.  [$1,875.00]  $2,000.00 for municipal facilities having a permit to
    36  discharge or discharging at an average daily rate of between 200,000 and
    37  999,999 gallons;
    38    l. [$7,500.00] $8,000.00 for municipal facilities having a  permit  to
    39  discharge  or  discharging at an average daily rate of between 1,000,000
    40  and 4,999,999 gallons;
    41    m. [$15,000.00] $15,500.00 for municipal facilities having a permit to
    42  discharge or discharging at an average daily rate of  between  5,000,000
    43  and 39,999,999 gallons;
    44    n. [$37,500.00] $38,500.00 for municipal facilities having a permit to
    45  discharge  or discharging at an average daily rate of 40,000,000 gallons
    46  or more;
    47    q. [$100.00] $110.00 per acre disturbed  plus  [$600.00]  $675.00  per
    48  future impervious acre for any facility, not owned or managed by a local
    49  government  or  a state department, agency, or authority, discharging or
    50  authorized to discharge  pursuant  to  a  SPDES  permit  for  stormwater
    51  discharges from construction activity. For the purposes of this subdivi-
    52  sion,  acres  disturbed are acres subject to clearing, grading, or exca-
    53  vating subject to SPDES permitting and future impervious acres are acres
    54  that will be newly paved or roofed during construction;
    55    t. [$100.00] $110.00 for any facility, other than a municipal separate
    56  storm sewer as defined by 40 CFR §122.26 (b) (8), discharging or author-

        S. 2008--B                         38                         A. 3008--B
 
     1  ized to discharge pursuant to a general permit unless a specific fee  is
     2  imposed  pursuant  to  subdivisions a through s of this section for such
     3  discharge or authorization to discharge.
     4    § 4. Intentionally omitted.
     5    §  5.  This  act  shall take effect immediately and shall apply to all
     6  bills issued on and after January 1, 2015.
 
     7                                   PART Z
 
     8                            Intentionally Omitted
 
     9                                   PART AA
 
    10    Section 1. Paragraph 4 of subdivision (a) of section 83 of  the  state
    11  finance  law,  as amended by chapter 512 of the laws of 1994, is amended
    12  to read as follows:
    13    4. (i) There is hereby created a special account within the  conserva-
    14  tion  fund  to  be  known  as  the  state fish and game trust account to
    15  consist of all moneys received by the state from the  sale  of  lifetime
    16  hunting,  fishing,  and  trapping  licenses,  and  lifetime  archery and
    17  muzzle-loading [licenses] privileges pursuant to section 11-0702 of  the
    18  environmental  conservation  law  except  those  moneys deposited in the
    19  habitat conservation and access  account  pursuant  to  section  eighty-
    20  three-a  of  this chapter. The state comptroller shall invest the moneys
    21  in such account in securities as defined by  section  ninety-eight-a  of
    22  this  article.    Any  income  earned  by the investment of such moneys,
    23  except income transferred to the conservation fund pursuant to  subpara-
    24  graph  (iii)  of this paragraph, shall be added to and become a part of,
    25  and shall be used for the purposes of such account.
    26    (ii) The state comptroller shall provide an annual report of the trust
    27  account which lists the amount of the principal, the earned income,  the
    28  earned  income  accrued  to  the principal, and the earned income trans-
    29  ferred to the conservation fund pursuant to subparagraph (iii)  of  this
    30  paragraph  not  later than April tenth of each year for the state fiscal
    31  year ending the immediately preceding March thirty-first. A copy of such
    32  report shall be transmitted, forthwith, to the director of the  division
    33  of  the budget, the chairman of the senate finance committee, the chair-
    34  man of the assembly ways and means committee, the  commissioner  of  the
    35  department  of environmental conservation and each of the eleven members
    36  of the conservation fund advisory [council] board, created  pursuant  to
    37  section [seven hundred] 11-0327 of the [executive] environmental conser-
    38  vation law.
    39    (iii)  Earned income from the sale of all lifetime licenses and privi-
    40  leges, except income earned on the proceeds of the sale  of  a  lifetime
    41  license  or  privilege  during  the  period from sale of such license or
    42  privilege until April first of the  year  following  one  full  year  of
    43  deposit  of  the proceeds of the sale of such lifetime license or privi-
    44  lege, shall be available for deposit within the conservation fund pursu-
    45  ant to paragraph one of this subdivision in an amount equal to the  cost
    46  of the appropriate annual license or privilege.  The earned income which
    47  exceeds  the current cost of each annual license or privilege comparable
    48  to the lifetime license or  privilege,  shall  be  added  to  the  trust
    49  account as principal. The earned income from lifetime licenses or privi-
    50  leges  issued  to  persons who are under the legal age to implement such

        S. 2008--B                         39                         A. 3008--B
 
     1  licenses or privileges shall be added to the trust account as  principal
     2  until such person becomes of legal age to hunt, fish or trap.
     3    §  2.  Subdivision  (h)  of  section  83  of  the state finance law is
     4  REPEALED.
     5    § 3. The state finance law is amended by adding a new section 83-a  to
     6  read as follows:
     7    §  83-a.  Habitat conservation and access account. (a) There is hereby
     8  created an account within the miscellaneous capital projects  fund,  the
     9  habitat  conservation  and  access account. The habitat conservation and
    10  access account shall consist of up to one million five hundred  thousand
    11  dollars  annually  from  moneys  received  by the state from the sale of
    12  lifetime licenses for hunting, trapping, and fishing, and lifetime priv-
    13  ileges for archery and muzzle-loading pursuant to section 11-0702 of the
    14  environmental conservation law and all  moneys,  revenues  and  interest
    15  thereon received as a result of the application of subdivision seventeen
    16  of section 11-0305 of the environmental conservation law authorizing the
    17  issuance  and  sale  of  voluntary habitat stamps, other than the amount
    18  retained by the issuing agent or officer.  The habitat conservation  and
    19  access account shall be subject to the same restrictions and protections
    20  as the conservation fund.
    21    (b)  These  moneys, after appropriation by the legislature, and within
    22  the amounts set forth and for the several purposes specified,  shall  be
    23  available  to the department of environmental conservation for the capi-
    24  tal expenses associated with management, protection, and restoration  of
    25  fish  and  wildlife  habitats, and improvement and development of public
    26  access for fish and wildlife related recreation.
    27    (c) All payments made from the habitat conservation and access account
    28  shall be made by the department of taxation and finance after audit  and
    29  upon warrant of the comptroller on vouchers approved by the commissioner
    30  of  environmental conservation. After appropriations made available from
    31  the habitat conservation and access account shall cease  to  have  force
    32  and  effect,  any balances remaining unexpended and not required to meet
    33  the proper and necessary expenses of the division of fish  and  wildlife
    34  shall revert to the state fish and game trust account established pursu-
    35  ant to paragraph four of subdivision (a) of section eighty-three of this
    36  article.
    37    (d)  No funds may be transferred or used in any way which would result
    38  in the loss of eligibility for federal benefits or federal funds  pursu-
    39  ant  to  federal  law, rule, or regulation as assented to in chapter six
    40  hundred eighty-three of the laws of nineteen  hundred  thirty-eight  and
    41  chapter seven hundred of the laws of nineteen hundred fifty-one.
    42    §  4. Subdivision 17 of section 11-0305 of the environmental conserva-
    43  tion law, as added by section 3 of part F of chapter 82 of the  laws  of
    44  2002, is amended to read as follows:
    45    17.  To  prepare  or cause to be prepared voluntary habitat stamps and
    46  furnish such stamps annually to license issuing agents and officers  for
    47  sale  and  issuance  in  the  same manner as licenses and other types of
    48  stamps. The department shall, by rule, establish the fee for the habitat
    49  stamp which shall [not exceed] be no less  than  five  dollars  plus  an
    50  additional  amount  for  the issuing agent or officer. The purchase of a
    51  stamp is voluntary and a stamp need not be possessed in  order  to  take
    52  fish or wildlife.
    53    §  5.  This  act  shall take effect immediately and shall be deemed to
    54  have been in full force and effect on and after April 1, 2015; provided,
    55  however, that all funds in the habitat account of the conservation fund,
    56  established pursuant to subdivision (h)  of  section  83  of  the  state

        S. 2008--B                         40                         A. 3008--B
 
     1  finance  law,  on the effective date of this act shall be transferred to
     2  the habitat conservation and  access  account  established  pursuant  to
     3  section  83-a of the state finance law as added by section three of this
     4  act.
 
     5                                   PART BB
 
     6    Section  1.  Paragraph  a of section 11.00 of the local finance law is
     7  amended by adding a new subdivision 29-a to read as follows:
     8    29-a. Transit motor vehicles. The purchase of municipally owned  omni-
     9  bus or similar surface transit motor vehicles, ten years.
    10    § 2. This act shall take effect immediately.
 
    11                                   PART CC
 
    12    Section  1.  Section 155 of the vehicle and traffic law, as amended by
    13  chapter 628 of the laws of 2002, is amended to read as follows:
    14    § 155. Traffic infraction. The violation  of  any  provision  of  this
    15  chapter,  except  articles  forty-seven  and forty-eight, or of any law,
    16  ordinance, order, rule or regulation regulating  traffic  which  is  not
    17  declared  by this chapter or other law of this state to be a misdemeanor
    18  or a felony. A traffic infraction is not  a  crime  and  the  punishment
    19  imposed therefor shall not be deemed for any purpose a penal or criminal
    20  punishment  and  shall not affect or impair the credibility as a witness
    21  or otherwise of any person convicted thereof. This definition  shall  be
    22  retroactive  and  shall  apply  to  all  acts  and violations heretofore
    23  committed where such acts and violations would, if committed  subsequent
    24  to  the taking effect of this section, be included within the meaning of
    25  the term  "traffic  infraction"  as  herein  defined.  Except  in  those
    26  portions  of  Suffolk  county for which a district court has been estab-
    27  lished, outside of cities having a population in excess of  two  hundred
    28  thousand  but less than two hundred twenty thousand in which administra-
    29  tive tribunals have heretofore been established and  outside  of  cities
    30  having  a  population  in  excess of one million in which administrative
    31  tribunals have heretofore been established, courts and judicial officers
    32  heretofore having jurisdiction over such violations shall continue to do
    33  so and for such purpose such violations shall be deemed misdemeanors and
    34  all provisions of law relating to misdemeanors  except  as  provided  in
    35  section  eighteen  hundred  five  of  this  chapter and except as herein
    36  otherwise expressly provided shall apply except that no jury trial shall
    37  be allowed for traffic infractions. In those portions of Suffolk  county
    38  for  which a district court has been established, and in cities having a
    39  population in excess of two hundred thousand but less than  two  hundred
    40  twenty  thousand  in which administrative tribunals have heretofore been
    41  established and in cities having a population in excess of  one  million
    42  in  which administrative tribunals have heretofore been established, the
    43  criminal courts of such cities or portions of Suffolk county in which  a
    44  district  court has been established shall have jurisdiction to hear and
    45  determine any complaint alleging  a  violation  constituting  a  traffic
    46  infraction,  except that administrative tribunals heretofore established
    47  in such cities or portions of Suffolk county in which a  district  court
    48  has  been  established shall have jurisdiction to hear and determine any
    49  charge of an offense which is  a  traffic  infraction,  except  parking,
    50  standing  or  stopping.  In  cities having a population in excess of two
    51  hundred thousand in which administrative tribunals have heretofore  been
    52  established,  and  any  such  administrative tribunal established by the

        S. 2008--B                         41                         A. 3008--B
 
     1  city of Yonkers, the city of Peekskill, or the city  of  Syracuse,  such
     2  tribunals shall have jurisdiction to hear and determine any charge of an
     3  offense  which  is  a  parking, standing or stopping violation. Any fine
     4  imposed  by  an  administrative  tribunal  shall be a civil penalty. For
     5  purposes of arrest without a warrant, pursuant to  article  one  hundred
     6  forty  of  the  criminal  procedure  law,  a traffic infraction shall be
     7  deemed an offense.
     8    § 2.  Subdivision 1 of section 225 of the vehicle and traffic law,  as
     9  amended  by  chapter  388  of  the  laws  of 2012, is amended to read as
    10  follows:
    11    1. Notwithstanding any inconsistent provision of law,  all  violations
    12  of this chapter or of a law, ordinance, order, rule or regulation relat-
    13  ing  to  traffic,  except  parking,  standing,  stopping  or  pedestrian
    14  offenses, which occur within a city having a population of  two  hundred
    15  thousand  or  more  but  less  than two hundred twenty thousand in which
    16  administrative tribunals have heretofore been established, or  within  a
    17  city  having a population of one million or more in which administrative
    18  tribunals have heretofore, been established, and which are classified as
    19  traffic infractions, may be heard and determined pursuant to  the  regu-
    20  lations  of  the  commissioner  as  provided in this article. Whenever a
    21  crime and a traffic infraction arise out  of  the  same  transaction  or
    22  occurrence,  a  charge  alleging  both  offenses  may be made returnable
    23  before the court having jurisdiction  over  the  crime.  Nothing  herein
    24  provided shall be construed to prevent a court, having jurisdiction over
    25  a  criminal  charge  relating  to  traffic or a traffic infraction, from
    26  lawfully entering a judgment of conviction, whether or not  based  on  a
    27  plea of guilty, for any offense classified as a traffic infraction.
    28    §  3.  Subdivision 5 of section 227 of the vehicle and traffic law, as
    29  amended by chapter 690 of the laws  of  1996,  is  amended  to  read  as
    30  follows:
    31    5.  All  penalties  and  forfeited  security collected pursuant to the
    32  provisions of this article shall be paid to the department of audit  and
    33  control  to the credit of the justice court fund and shall be subject to
    34  the applicable provisions of section  eighteen  hundred  three  of  this
    35  chapter.  After  such audit as shall reasonably be required by the comp-
    36  troller, such penalties and forfeited security shall be  paid  quarterly
    37  or,  in  the  discretion of the comptroller, monthly, to the appropriate
    38  jurisdiction in which the violation  occurred  in  accordance  with  the
    39  provisions  of  section  ninety-nine-a  of the state finance law, except
    40  that the sum of four dollars for each violation occurring in such juris-
    41  diction for which a complaint has been  filed  with  the  administrative
    42  tribunal  established  pursuant to this article shall be retained by the
    43  state. The amount distributed during the first  three  quarters  to  the
    44  [cities]  city of Rochester [and Buffalo] in any given fiscal year shall
    45  not exceed seventy percent of the amount which will be  otherwise  paya-
    46  ble.  Provided,  however,  that  if the full costs of administering this
    47  article shall exceed the amounts received and retained by the state  for
    48  any  period  specified by the commissioner, then such additional sums as
    49  shall be required to offset such costs shall be retained  by  the  state
    50  out  of  the penalties and forfeited security collected pursuant to this
    51  article.
    52    § 4. Section 370 of the general municipal law is amended by  adding  a
    53  new subdivision 4 to read as follows:
    54    4.  There shall be an executive department of the Buffalo city govern-
    55  ment known as the Buffalo traffic violations agency, which shall operate
    56  under the direction and control of the mayor.

        S. 2008--B                         42                         A. 3008--B
 
     1    § 5. Subdivision 2 of section 370-a of the general municipal  law,  as
     2  amended  by chapter 388 of the laws of 2012, is amended and a new subdi-
     3  vision 1-a is added to read as follows:
     4    1-a. "Traffic violations agency" shall mean an executive department of
     5  the  city of Buffalo established pursuant to subdivision four of section
     6  three hundred seventy of this article to administer and dispose of traf-
     7  fic infractions as authorized pursuant to this article.
     8    2. "Traffic prosecutor" shall mean an attorney duly admitted to  prac-
     9  tice  law in the state of New York who, having been appointed and either
    10  hired or retained pursuant to section three hundred seventy-four of this
    11  article, has the responsibility of prosecuting any traffic  and  parking
    12  infractions  returnable  before  the Nassau county district court or the
    13  Suffolk county district court  or  any  traffic  infractions  returnable
    14  before the Buffalo city court pursuant to the jurisdictional limitations
    15  of section three hundred seventy-one of this article.
    16    §  6.  Section 371 of the general municipal law is amended by adding a
    17  new subdivision 2-a to read as follows:
    18    2-a. The Buffalo traffic violations agency, as established in subdivi-
    19  sion four of section three hundred  seventy  of  this  article,  may  be
    20  authorized  to  assist  the  Buffalo  city  court in the disposition and
    21  administration of infractions of traffic  laws,  ordinances,  rules  and
    22  regulations except that such agency shall not have jurisdiction over (a)
    23  the  traffic  infraction defined under subdivision one of section eleven
    24  hundred ninety-two of the vehicle  and  traffic  law;  (b)  the  traffic
    25  infraction  defined  under  subdivision  five  of section eleven hundred
    26  ninety-two of the vehicle and traffic law;  (c)  the  violation  defined
    27  under  paragraph  (b)  of  subdivision four of section fourteen-f of the
    28  transportation law and the violation defined under clause (b) of subpar-
    29  agraph (iii) of paragraph c of subdivision two of  section  one  hundred
    30  forty  of  the  transportation  law;  (d) the traffic infraction defined
    31  under section three hundred ninety-seven-a of the  vehicle  and  traffic
    32  law  and the traffic infraction defined under subdivision (g) of section
    33  eleven hundred eighty of  the  vehicle  and  traffic  law;  (e)  traffic
    34  infractions  constituting  parking,  standing,  stopping  or  pedestrian
    35  offenses; (f) any misdemeanor or felony; or (g) any offense that is part
    36  of the same criminal transaction, as that term is defined in subdivision
    37  two of section 40.10 of the criminal procedure law, as  a  violation  of
    38  subdivision  one of section eleven hundred ninety-two of the vehicle and
    39  traffic law, a violation of subdivision five of section  eleven  hundred
    40  ninety-two  of the vehicle and traffic law, a violation of paragraph (b)
    41  of subdivision four of section fourteen-f of the transportation  law,  a
    42  violation of clause (b) of subparagraph (iii) of paragraph c of subdivi-
    43  sion  two  of  section  one  hundred  forty of the transportation law, a
    44  violation of section three hundred ninety-seven-a  of  the  vehicle  and
    45  traffic  law,  a violation constituting a parking, stopping, standing or
    46  pedestrian offense, a violation of subdivision  (g)  of  section  eleven
    47  hundred  eighty  of  the  vehicle  and traffic law or any misdemeanor or
    48  felony.
    49    § 7. Section 371 of the general municipal law is amended by  adding  a
    50  new subdivision 3-a to read as follows:
    51    3-a. A person charged with an infraction which shall be disposed of by
    52  the Buffalo traffic violations agency may be permitted to answer, within
    53  a  specified  time, at the traffic violations agency either in person or
    54  by written power of attorney in such form as may be  prescribed  in  the
    55  ordinance  or local law creating the agency, by paying a prescribed fine
    56  and, in writing, waiving a hearing in  court,  pleading  guilty  to  the

        S. 2008--B                         43                         A. 3008--B
 
     1  charge  or  a  lesser charge agreeable to the traffic prosecutor and the
     2  person charged with an infraction, and authorizing the person in  charge
     3  of  the  agency  to  enter  such a plea and accept payment of said fine.
     4  Acceptance  of  the  prescribed fine and power of attorney by the agency
     5  shall be deemed complete satisfaction for the violation, and the  viola-
     6  tor shall be given a receipt which so states. If a person charged with a
     7  traffic  violation  does not answer as hereinbefore prescribed, within a
     8  designated time, the agency may cause a complaint to be entered  against
     9  him  forthwith  and a warrant to be issued for his arrest and appearance
    10  before the court, such  summons  to  be  predicated  upon  the  personal
    11  service of said summons upon the person charged with the infraction. Any
    12  person  who  shall have been, within the preceding twelve months, guilty
    13  of three or more violations, shall not be permitted to appear and answer
    14  to a subsequent violation at the agency, but must appear in court  at  a
    15  time  specified  by  the  agency. Such agency shall not be authorized to
    16  deprive a person of his right to counsel or to prevent him from exercis-
    17  ing his right to appear in court to answer to, explain,  or  defend  any
    18  charge of a violation of any traffic law, ordinance, rule or regulation.
    19    §  8.  Section 371 of the general municipal law is amended by adding a
    20  new subdivision 4-a to read as follows:
    21    4-a. Notwithstanding any inconsistent provision of law, fines,  penal-
    22  ties  and forfeitures collected by the Buffalo traffic violations agency
    23  shall be distributed as provided in section eighteen  hundred  three  of
    24  the  vehicle  and  traffic law. All fines, penalties and forfeitures for
    25  violations adjudicated by the Buffalo traffic violations agency pursuant
    26  to subdivision two-a of this section except as provided  in  subdivision
    27  three  of  section ninety-nine-a of the state finance law, shall be paid
    28  by such agency to the state comptroller within the first ten days of the
    29  month following collection.  Each such payment shall be accompanied by a
    30  true and complete report in such form  and  detail  as  the  comptroller
    31  shall prescribe.
    32    §  9.  The  general  municipal  law is amended by adding a new section
    33  374-a to read as follows:
    34    § 374-a. Traffic prosecutor selection and oversight. (a) The executive
    35  director of the Buffalo traffic violations agency, appointed pursuant to
    36  subdivision (b) of this section, shall select and may contract  with  or
    37  hire  one  or more persons who are attorneys, duly admitted to the prac-
    38  tice of law in New York state for the prosecution of any traffic infrac-
    39  tion, except those described in paragraphs (a), (b), (c), (d), (e),  (f)
    40  and  (g)  of  subdivision  two-a of section three hundred seventy-one of
    41  this article, to be heard, tried or otherwise disposed of by the Buffalo
    42  city court. Such persons shall be known  as  "traffic  prosecutors",  as
    43  that term is defined in section three hundred seventy-a of this article.
    44  Traffic  prosecutors  shall  have  the same power as a district attorney
    45  would otherwise have in the prosecution of any traffic infraction  which
    46  may,  pursuant to the jurisdictional provisions of section three hundred
    47  seventy-one of this article, be prosecuted before the Buffalo city court
    48  if the traffic violation occurred in the city of Buffalo. The  executive
    49  director  shall give active consideration to requiring that such traffic
    50  prosecutors serve on a full-time basis.  Traffic prosecutors are prohib-
    51  ited from appearing in any capacity other than as a  traffic  prosecutor
    52  in  any part of the Buffalo city court on any matter relating to traffic
    53  violations and are further prohibited from  appearing  in  any  capacity
    54  other  than as a traffic prosecutor in any other court or administrative
    55  tribunal on any matter relating to traffic violations.

        S. 2008--B                         44                         A. 3008--B
 
     1    (b) The mayor of the city of Buffalo shall appoint a person  to  serve
     2  as  the  executive  director  of  the  Buffalo traffic violations agency
     3  subject to the confirmation  of  the  common  council  of  the  city  of
     4  Buffalo.  The  executive director shall be responsible for the oversight
     5  and  administration  of the agency. The executive director is prohibited
     6  from appearing in any capacity in any part of the Buffalo city court  on
     7  any matter relating to traffic violations and is further prohibited from
     8  appearing  in any capacity in any other court or administrative tribunal
     9  on any matter relating to traffic violations.
    10    (c) It shall be a misdemeanor for the executive director, any  traffic
    11  prosecutor  or  any  judicial  hearing  officer assigned to hear traffic
    12  violations cases pursuant to section sixteen hundred ninety of the vehi-
    13  cle and  traffic  law  to  establish  any  quota  of  traffic  violation
    14  convictions which must be obtained by any traffic prosecutor or judicial
    15  hearing  officer.  Nothing contained herein shall prohibit the taking of
    16  any job action against a traffic prosecutor or judicial hearing  officer
    17  for failure to satisfactorily perform such prosecutor's or officer's job
    18  assignment except that the employment productivity of such prosecutor or
    19  officer  shall not be measured by the attainment or nonattainment of any
    20  conviction quota. For the purposes of this section  a  conviction  quota
    21  shall mean a specific number of convictions which must be obtained with-
    22  in a specific time period.
    23    (d)  Pursuant  to  article 20 of the Buffalo City Charter, the city of
    24  Buffalo may appropriate those monies which, in its sole discretion,  are
    25  necessary  for  the  compensation  of those persons selected to serve as
    26  executive director and  traffic  prosecutors  and  to  cover  all  other
    27  expenses  associated  with  the  administration  of  the Buffalo traffic
    28  violations agency.
    29    § 10. Subdivision 3 of section 99-a  of  the  state  finance  law,  as
    30  amended  by  chapter  388  of  the  laws  of 2012, is amended to read as
    31  follows:
    32    3. The comptroller  is  hereby  authorized  to  implement  alternative
    33  procedures,  including  guidelines in conjunction therewith, relating to
    34  the remittance of fines, penalties, forfeitures and other moneys by town
    35  and village justice courts, and by the Nassau and Suffolk counties traf-
    36  fic and parking violations agencies, and by the city of Buffalo  traffic
    37  violations agency, to the justice court fund and for the distribution of
    38  such  moneys  by the justice court fund.  Notwithstanding any law to the
    39  contrary, the alternative procedures utilized may include:
    40    a. electronic funds transfer;
    41    b. remittance of funds by the justice court to the chief fiscal office
    42  of the town or village, or, in the case of the Nassau and Suffolk  coun-
    43  ties  traffic  and parking violations agencies, to the county treasurer,
    44  or, in the case of the Buffalo traffic violations agency, to the city of
    45  Buffalo comptroller, for distribution in accordance with instructions by
    46  the comptroller; and/or
    47    c. monthly, rather than quarterly, distribution of funds.
    48    The comptroller may require such reporting and record keeping as he or
    49  she deems necessary to ensure  the  proper  distribution  of  moneys  in
    50  accordance  with  applicable  laws.  A  justice  court or the Nassau and
    51  Suffolk counties traffic and parking violations agencies or the city  of
    52  Buffalo traffic violations agency may utilize these procedures only when
    53  permitted  by  the  comptroller,  and  such  permission, once given, may
    54  subsequently be withdrawn by the comptroller on due notice.

        S. 2008--B                         45                         A. 3008--B
 
     1    § 11. Paragraph (c) of subdivision 4-a of section 510 of  the  vehicle
     2  and  traffic  law, as added by section 10 of part J of chapter 62 of the
     3  laws of 2003, is amended to read as follows:
     4    (c) Upon receipt of notification from a traffic and parking violations
     5  agency  or  a  traffic  violations  agency of the failure of a person to
     6  appear within sixty days of the return date or new subsequent  adjourned
     7  date,  pursuant  to  an  appearance  ticket  charging said person with a
     8  violation of:
     9    (i) any of the provisions of this  chapter  except  one  for  parking,
    10  stopping or standing and except those violations described in paragraphs
    11  (a),  (b),  (d),  (e)  and (f) of subdivision two and in paragraphs (a),
    12  (b), (d), (e), (f) and (g) of subdivision two-a of section three hundred
    13  seventy-one of the general municipal law;
    14    (ii) section five hundred two or subdivision (a) of  section  eighteen
    15  hundred fifteen of the tax law;
    16    (iii)  section fourteen-f (except paragraph (b) of subdivision four of
    17  section fourteen-f), two hundred eleven or two  hundred  twelve  of  the
    18  transportation law; or
    19    (iv)  any  lawful  ordinance  or  regulation made by a local or public
    20  authority relating to traffic  (except  one  for  parking,  stopping  or
    21  standing) or the failure to pay a fine imposed for such a violation by a
    22  traffic  and  parking  violations agency or a traffic violations agency,
    23  the commissioner or his or her agent may suspend the driver's license or
    24  privileges of such person pending receipt of notice from the agency that
    25  such person has appeared in response to such appearance  ticket  or  has
    26  paid  such  fine.  Such suspension shall take effect no less than thirty
    27  days from the day upon which notice thereof is sent by the  commissioner
    28  to  the person whose driver's license or privileges are to be suspended.
    29  Any suspension issued pursuant to this paragraph shall be subject to the
    30  provisions of paragraph (j-1) of subdivision two of section five hundred
    31  three of this chapter.
    32    § 12. Paragraph (b) of subdivision 3 of section 514 of the vehicle and
    33  traffic law, as amended by section 11 of part J of  chapter  62  of  the
    34  laws of 2003, is amended to read as follows:
    35    (b)  Upon  the  failure  of a person to appear or answer, within sixty
    36  days of the return date or any subsequent adjourned date, or the failure
    37  to pay a fine imposed by a traffic and parking violations  agency  or  a
    38  traffic violations agency pursuant to a summons charging him or her with
    39  a violation of:
    40    (1)  any  of  the  provisions  of this chapter except one for parking,
    41  stopping or standing and except those violations described in paragraphs
    42  (a), (b), (d), (e) and (f) of subdivision two  and  in  paragraphs  (a),
    43  (b), (d), (e), (f) and (g) of subdivision two-a of section three hundred
    44  seventy-one of the general municipal law;
    45    (2)  section  five  hundred two or subdivision (a) of section eighteen
    46  hundred fifteen of the tax law;
    47    (3) section fourteen-f (except paragraph (b) of  subdivision  four  of
    48  section  fourteen-f),  two  hundred  eleven or two hundred twelve of the
    49  transportation law; or
    50    (4) any lawful ordinance or regulation  made  by  a  local  or  public
    51  authority  relating  to  traffic  (except  one  for parking, stopping or
    52  standing);
    53  the clerk thereof shall within ten days certify that fact to the commis-
    54  sioner, in the manner and form prescribed by the commissioner, who shall
    55  record the same in his or her office. Thereafter and upon the appearance
    56  of any such person in response to such summons or  the  receipt  of  the

        S. 2008--B                         46                         A. 3008--B
 
     1  fine by the agency, the traffic and parking violations agency, the traf-
     2  fic  violations agency or the clerk thereof shall forthwith certify that
     3  fact to the commissioner, in the  manner  and  form  prescribed  by  the
     4  commissioner;  provided,  however,  no  such certification shall be made
     5  unless  the  traffic  and  parking  violations  agency  or  the  traffic
     6  violations  agency  has  collected  the  termination  of  suspension fee
     7  required to be paid pursuant to paragraph (j-1) of  subdivision  two  of
     8  section five hundred three of this chapter.
     9    §  13.  The article heading of article 44-A of the vehicle and traffic
    10  law, as amended by chapter 388 of the laws of 2012, is amended  to  read
    11  as follows:
    12                      AUTHORITY OF THE NASSAU AND SUFFOLK
    13                COUNTY DISTRICT COURT AND BUFFALO CITY COURT
    14                          JUDICIAL HEARING OFFICERS
    15    §  14.  The section heading of section 1690 of the vehicle and traffic
    16  law, as amended by chapter 388 of the laws of 2012, is amended  to  read
    17  as follows:
    18    Authority of the Nassau county and Suffolk county district court judi-
    19  cial hearing officers and the city of Buffalo judicial hearing officers.
    20    § 15. Section 1690 of the vehicle and traffic law is amended by adding
    21  two new subdivisions 1-a and 4-a to read as follows:
    22    1-a.  Notwithstanding any other provision of law, where the trial of a
    23  traffic infraction is authorized or required  to  be  tried  before  the
    24  Buffalo  city  court,  and such traffic infraction does not constitute a
    25  misdemeanor, felony, violation of  subdivision  one  of  section  eleven
    26  hundred  ninety-two,  subdivision five of section eleven hundred ninety-
    27  two, section three hundred ninety-seven-a, or subdivision (g) of section
    28  eleven hundred eighty of this chapter, or a violation of  paragraph  (b)
    29  of  subdivision four of section fourteen-f or clause (b) of subparagraph
    30  (iii) of paragraph c of subdivision two of section one hundred forty  of
    31  the transportation law, or any parking, stopping, standing or pedestrian
    32  offense,  or  any offense that is part of the same criminal transaction,
    33  as that term is defined in subdivision two of section 40.10 of the crim-
    34  inal procedure law, as such a misdemeanor, felony, violation of subdivi-
    35  sion one of  section  eleven  hundred  ninety-two,  subdivision  two  of
    36  section  eleven hundred ninety-two, section three hundred ninety-seven-a
    37  or subdivision (g) of section eleven hundred eighty of this chapter,  or
    38  a  violation  of paragraph (b) of subdivision four of section fourteen-f
    39  or clause (b) of subparagraph (iii) of paragraph d of subdivision two of
    40  section one hundred forty of the transportation  law,  or  any  parking,
    41  stopping,  standing  or  pedestrian offense, the administrative judge of
    42  the eighth judicial district may assign  judicial  hearing  officers  to
    43  conduct such a trial. Such judicial hearing officers shall: (i) be resi-
    44  dents  of  the  city  of  Buffalo;  and  (ii)  be  village or town court
    45  justices, city court judges or retired judges or justices all  of  which
    46  shall have at least two years of experience conducting trials of traffic
    47  violations  cases;  and (iii) be admitted to practice law in this state;
    48  and (iv) be selected from a list of recommendations of the mayor of  the
    49  city of Buffalo provided that the mayor shall give at least three recom-
    50  mendations  for  each  judicial  hearing  officer assignment. Where such
    51  assignment is made, the judicial hearing  officer  shall  entertain  the
    52  case in the same manner as a court and shall:
    53    (a) determine all questions of law;
    54    (b) act as the exclusive trier of all issues of fact;
    55    (c) render a verdict;
    56    (d) impose sentence; or

        S. 2008--B                         47                         A. 3008--B
 
     1    (e) dispose of the case in any manner provided by law.
     2    4-a.  Judicial  hearing  officers are prohibited from appearing in any
     3  capacity other than as a judicial hearing officer in any part of Buffalo
     4  city court on any matter relating to traffic violations and are  further
     5  prohibited from appearing in any capacity other than as a judicial hear-
     6  ing  officer in any other court or administrative tribunal on any matter
     7  relating to traffic violations.
     8    § 16. Subdivision 5 of section 350.20 of the criminal  procedure  law,
     9  as  amended  by  chapter  388 of the laws of 2012, is amended to read as
    10  follows:
    11    5. Notwithstanding the provisions of subdivision one of this  section,
    12  for  all  proceedings  before  the  district  court of Nassau county the
    13  administrative judge of Nassau  county  may,  and  for  all  proceedings
    14  before the district court of Suffolk county, the administrative judge of
    15  Suffolk  county  may, without the consent of the parties, assign matters
    16  involving traffic and parking  infractions  except  those  described  in
    17  paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
    18  three  hundred  seventy-one  of  the general municipal law to a judicial
    19  hearing officer in accordance with the  provisions  of  section  sixteen
    20  hundred  ninety  of  the vehicle and traffic law and for all proceedings
    21  before the Buffalo city court the administrative  judge  of  the  eighth
    22  judicial  district  may,  without  the  consent  of  the parties, assign
    23  matters involving traffic infractions except those  described  in  para-
    24  graphs  (a),  (b),  (c),  (d),  (e), (f) and (g) of subdivision two-a of
    25  section three hundred seventy-one of the  general  municipal  law  to  a
    26  judicial  hearing  officer  in accordance with the provisions of section
    27  sixteen hundred ninety of the vehicle and traffic law.
    28    § 17. Pending actions and proceedings. (a) No proceeding  involving  a
    29  charge  of  a  traffic  infraction pending at such time when an existing
    30  administrative tribunal shall cease to exist shall be affected or abated
    31  by the passage of this act or by anything herein  contained  or  by  the
    32  cessation  of  the  existence  of  any administrative tribunal. All such
    33  proceedings are hereby transferred to the court of appropriate jurisdic-
    34  tion in the city where such traffic infractions allegedly occurred.
    35    (b)(i) The agency, department, office,  or  person  charged  with  the
    36  custody  of  the records of an existing administrative tribunal which is
    37  about to cease existing under, or in connection  with,  this  act  shall
    38  arrange  for  the  transfer of the records of pending proceedings to the
    39  court of appropriate jurisdiction to  which  the  proceedings  shall  be
    40  transferred.  The  presiding  judge  of  such court shall enter an order
    41  providing for adequate notice consistent with  due  process  of  law  to
    42  respondents  in  such pending proceedings regarding the transfer of such
    43  proceedings.
    44    (ii) In no event shall any difficulty  or  delay  resulting  from  the
    45  transfer  process,  not  caused  by the respondent, increase the penalty
    46  required of the respondent appearing before the court due to a  transfer
    47  of  the  traffic  infraction  proceeding  or  otherwise  prejudice  such
    48  respondent. Respondents before the court due to a transfer of the  traf-
    49  fic  infraction  proceeding from an administrative tribunal to the court
    50  that fail to appear shall be permitted at least one  adjournment  before
    51  the penalties and procedures pursuant to subdivision 3 of section 226 of
    52  the  vehicle  and traffic law shall be available. The presiding judge of
    53  such court shall enter an order providing for adequate notice consistent
    54  with due process of law to respondents, including notice of  the  penal-
    55  ties  and  procedures available pursuant to subdivision 3 of section 226
    56  of the vehicle and traffic law.

        S. 2008--B                         48                         A. 3008--B
 
     1    § 18. The executive director of the Buffalo traffic violations  agency
     2  shall  issue on an annual basis, beginning eighteen months following the
     3  creation of the Buffalo traffic violations agency pursuant  to  city  of
     4  Buffalo  local  law,  a  report  detailing the progress, development and
     5  operations  of  the  traffic  violations  agency.    The report shall be
     6  provided to the governor, the temporary president  of  the  senate,  the
     7  speaker  of  the  assembly,  the mayor of Buffalo, the common council of
     8  Buffalo, the presiding judge of the Buffalo  city  court  and  the  Erie
     9  county district attorney.
    10    §  19.  This  act shall take effect on May 1, 2015; provided, however,
    11  that effective immediately the city of Buffalo is authorized to enact  a
    12  local  law  establishing  a  traffic  violations  agency  in the city of
    13  Buffalo; provided, however, that the provisions  of  sections  four  and
    14  five  of this act shall take effect on the same date as the enactment of
    15  such local law, herein authorized,  establishing  a  traffic  violations
    16  agency; provided, further, that if established, such agency and the city
    17  of Buffalo shall comply with all the provisions of law set forth in this
    18  act;  provided,  however, that the amendments made to section 371 of the
    19  general municipal law, made by sections six, seven  and  eight  of  this
    20  act,  shall  not  affect the expiration of such section and be deemed to
    21  expire therewith; and provided, further, that the city of Buffalo  shall
    22  notify  the  legislative bill drafting commission upon the occurrence of
    23  the enactment of the local law provided for in  this  section  in  order
    24  that  the  commission may maintain an accurate and timely effective data
    25  base of the official text of the laws of the state of New York in furth-
    26  erance of effectuating the provisions of section 44 of  the  legislative
    27  law and section 70-b of the public officers law.
 
    28                                   PART DD
 
    29    Section  1.  Section  12  of  part F of chapter 58 of the laws of 2013
    30  amending the environmental conservation law and the  state  finance  law
    31  relating to the "Cleaner, Greener NY Act of 2013", is amended to read as
    32  follows:
    33    §  12.  This  act shall take effect immediately and shall be deemed to
    34  have been in full force and effect on and after April 1, 2013; provided,
    35  however, that the amendments to subdivision 5-a of  section  27-1015  of
    36  the  environmental  conservation  law,  as added by section nine of this
    37  act, shall expire and be deemed repealed on April 1, [2015] 2017.
    38    § 2. This act shall take effect immediately.
 
    39                                   PART EE
 
    40    Section 1. The soil and water conservation districts law is amended by
    41  adding a new section 4-a to read as follows:
    42    § 4-a. Farm drain tile revolving loan program. (1) Definitions.    (a)
    43  "Farm drain tile project." A specific work or improvement that is under-
    44  taken by an agricultural producer for the construction or improvement of
    45  drain tile for the purpose of enhancing farm fields.
    46    (b)  "Local loan administrator." A farm credit bureau or member of the
    47  farm credit system or a banking institution or  non-governmental  organ-
    48  ization  with a demonstrated ability to provide financial assistance and
    49  service to agricultural rural areas, that have  entered  into  a  master
    50  servicing  agreement  prescribed  pursuant  to  subdivision  two of this
    51  section.

        S. 2008--B                         49                         A. 3008--B
 
     1    (2) Master servicing agreement. (a) The state soil and water conserva-
     2  tion committee ("committee") is hereby authorized to use the monies held
     3  in the farm drain tile revolving loan fund to make advances to  a  local
     4  loan  administrator  that  has  entered  into a written master servicing
     5  agreement  prescribed by the committee pursuant to paragraph (b) of this
     6  subdivision.
     7    (b)  The  committee,  in  consultation  with  the  comptroller,  shall
     8  prescribe  a  master servicing agreement to be executed by the committee
     9  and local loan administrators. Such agreement shall  provide  that:  (i)
    10  any advances made to a local loan administrator shall be used solely for
    11  the purpose of providing loans to agricultural producers for undertaking
    12  farm  drain  tile  projects;  (ii) the total amount of loans made to any
    13  single agricultural producer shall not exceed fifty thousand dollars per
    14  annum; (iii) the term of any loan shall not exceed ten years  and  equal
    15  payments  of principal payable no less frequently than annually shall be
    16  required to be made on such loan during the term such loan is  outstand-
    17  ing  which  payments  will liquidate the entire principal balance of the
    18  loan over its term; (iv) the local loan administrator is required to pay
    19  to the committee for deposit into the farm  drain  tile  revolving  loan
    20  fund  all repayments including interest, if any, received from any agri-
    21  cultural producers on account of such  loan,  except  for  that  portion
    22  permitted to be retained by the local loan administrator as a fee pursu-
    23  ant  to  the  master servicing agreement. The master servicing agreement
    24  shall also set forth: (i) the form of any note and security agreement to
    25  be executed by the agricultural producer in connection  with  any  loan;
    26  (ii)  the rate of interest, if any, to be charged on any loan; (iii) the
    27  amount of any fee to be retained by the  local  loan  administrator  for
    28  servicing  any  loan;  (iv)  the  form  of  application  required  to be
    29  completed by an agricultural producer for any  loan;  (v)  the  form  of
    30  requisition  and certification to be required from a local loan adminis-
    31  trator to obtain an advance of funds from the committee; (vi) any  other
    32  conditions to be imposed upon an agricultural producer as a condition of
    33  receiving  a  loan;  (vii)  the  responsibilities to be performed by the
    34  local loan administrator in connection  with  reviewing,  approving  and
    35  servicing  the  loan and the circumstances under which the committee may
    36  terminate a master servicing agreement; (viii) conditions  necessary  to
    37  insure  prompt  closing on loans for which funds are advanced, including
    38  payment of interest of funds from the time advanced until utilized;  and
    39  (ix)  such  other  requirements  as  the committee may from time to time
    40  establish by rules and regulations consistent with the purposes of  this
    41  section.
    42    (3)  (a)  The committee shall, subject to the availability of funds as
    43  appropriated by the  legislature,  advance  from  the  farm  drain  tile
    44  revolving  loan  fund  to a local loan administrator the amount of funds
    45  requested in any requisition within fifteen business days after  receipt
    46  of  all  of  the  following:  a  completed requisition for an advance of
    47  funds; copies of any applications and any  supporting  documentation  to
    48  which such requisition pertains; and a certification from the local loan
    49  administrator  with respect to such requisition in addition to any other
    50  representation and statement required  by  the  committee.  The  certif-
    51  ication from the local loan administrator shall state that: (i) the loan
    52  administrator  has  performed  its  responsibilities  in connection with
    53  review and approval of applications to which such requisition  pertains,
    54  (ii)  to the best of the local loan administrator's knowledge the loans,
    55  to which the advances pertain, comply with the master  servicing  agree-
    56  ment  and  the  provisions of this section, and (iii) the borrowers have

        S. 2008--B                         50                         A. 3008--B
 
     1  demonstrated their ability to make the  repayments  required  under  the
     2  loan.  In the event that funds are not available or the committee deter-
     3  mines that the requisition, application or certification  is  defective,
     4  it  shall so notify the local loan administrator within fifteen business
     5  days after receipt of the requisition.
     6    (b) The committee  shall  establish  criteria  for  prioritizing  loan
     7  applications in the event that the requisitions submitted to the commit-
     8  tee  by  one  or  more  local loan administrators exceed the amount then
     9  available for the purposes of this section. In determining priority, the
    10  committee shall take into account:  (i)  whether  the  farm  drain  tile
    11  project  to  which  the  application pertains is the most cost effective
    12  approach to enable the agricultural producer  to  construct  or  improve
    13  farm  drain  tile  on  the  farm; (ii) whether the agricultural producer
    14  making application lacks the financial resources to undertake  the  farm
    15  drain  tile  project  without obtaining a loan pursuant to this section;
    16  and (iii) such other factors as the committee deems relevant. In  apply-
    17  ing  the  criteria  to be utilized for prioritizing loans, the committee
    18  shall be entitled to rely on the information contained in the copies  of
    19  the applications submitted with the requisition.
    20    (4) Examination by comptroller. The comptroller, or his or her legally
    21  authorized  representative, is hereby authorized and empowered from time
    22  to time to examine the books and accounts of the committee  relating  to
    23  the  farm  drain  tile fund, and from time to time, to examine the books
    24  and accounts of any local loan administrator which has received advances
    25  from such fund pursuant to this section, but only insofar as those books
    26  and accounts relate to such advances and to the local  loan  administra-
    27  tor's compliance with the master servicing agreement entered into pursu-
    28  ant to this section.
    29    (5) Establishment of fund. (a) There is hereby created and established
    30  in  the  committee  a revolving loan fund to be known as the "farm drain
    31  tile revolving loan fund."
    32    (b) There shall be paid into such farm drain tile revolving loan  fund
    33  (i)  any  moneys  appropriated  and  made available by the state for the
    34  purposes of such fund, (ii) notwithstanding the provisions of the  state
    35  finance  law or any other provision of law, any moneys which the commit-
    36  tee shall receive in repayment of advances  made  from  such  fund,  and
    37  (iii)  any other moneys which may be made available to the committee for
    38  the purpose of such fund from any other source or sources.
    39    (c) All moneys paid into the fund from repayments of loans  authorized
    40  by subdivision three of this section shall continue to be made available
    41  for the purpose of providing loans pursuant to such subdivision.
    42    (d)  Any  moneys  held in such farm drain tile revolving loan fund not
    43  required for immediate disbursement may be invested, at  the  discretion
    44  of  the  committee,  in  obligations  of  the state or the United States
    45  government or obligations the principal and interest of which are  guar-
    46  anteed  by  the  state  or  the  United States government. Any income or
    47  interest earned by, or increment to, such farm drain tile revolving loan
    48  fund shall be added to the moneys held in such  fund  for  the  purposes
    49  herein provided.
    50    (6)  Rules  and  regulations. The committee is empowered to promulgate
    51  such rules and regulations and to prescribe such forms as it shall  deem
    52  necessary to effectuate the purposes of this section.
    53    §  2.  Subject  to  appropriation,  "five  hundred  thousand  dollars"
    54  ($500,000) shall be allocated from the farm drain  tile  revolving  loan
    55  fund  for loans pursuant to subdivision 3 of section 4-a of the soil and
    56  water conservation districts law.

        S. 2008--B                         51                         A. 3008--B
 
     1    § 3. This act shall take effect immediately  provided,  however,  that
     2  the  provisions  of  subdivision  3 of section 4-a of the soil and water
     3  conservation districts law as added by section one  of  this  act  shall
     4  apply  to requisitions which are submitted commencing one hundred twenty
     5  days after the effective date of this act.
 
     6                                   PART FF
 
     7    Section  1.  Section  16-w  of section 1 of chapter 174 of the laws of
     8  1968, constituting the New York state urban development corporation act,
     9  as added by section 1 of part Z of chapter 55 of the laws  of  2014,  is
    10  amended to read as follows:
    11    § 16-w. Beginning farmers NY fund. 1. The beginning farmers NY fund is
    12  hereby  created. The purpose of the beginning farmers NY fund is to make
    13  grants to eligible applicants, to support beginning farmers and  encour-
    14  age  them  to  consider  farming as a career, resulting in the growth of
    15  agribusiness within the state and the concomitant tax revenues  for  the
    16  state.
    17    2.  The  corporation  shall consult with the department of agriculture
    18  and markets in order to establish such criteria governing the  award  of
    19  grants as authorized herein, as the corporation and such department deem
    20  necessary. Such criteria shall include, but not be limited to:
    21    (a) farmers who have not produced an "agricultural product" as defined
    22  [in]  by  section  three  hundred  twenty-eight  of  the agriculture and
    23  markets law, for more than ten consecutive years,  and  who  will  mate-
    24  rially  and  substantially  participate in the production of an agricul-
    25  tural product within a region of the state.
    26    [(b)  farmers  who  demonstrate  innovative  agricultural   techniques
    27  including, but not limited to, organic farming and specialty crops.
    28    (c)] (b) farms of one hundred fifty acres or less.
    29    3. Appropriations to the beginning farmers NY fund may be used for the
    30  following purposes:
    31    (a)  to  assist farmers in demonstrating innovative agricultural tech-
    32  niques including, but not limited  to,  organic  farming  and  specialty
    33  crops.
    34    (b)  capital grants in accordance with a business plan to improve farm
    35  profitability. Upon completion of such business plan,  recipients  shall
    36  be  eligible  for capital grants to enhance the profitability of farming
    37  operations. Such grants may be used  for  purposes  including,  but  not
    38  limited to, the purchase of machinery or the construction or improvement
    39  of physical structures. Any capital grant shall be issued with a one-to-
    40  one match between the state and recipient.
    41    [3]  4.  The corporation shall establish a competitive process for the
    42  evaluation of applicants for the beginning farmers NY fund. When  award-
    43  ing  funds  pursuant  to this section, the corporation shall ensure that
    44  applicants meet the criteria and requirements determined by  the  corpo-
    45  ration pursuant to this section.
    46    [4] 5. The beginning farmers NY fund shall not invest an amount in any
    47  single  beneficiary  that exceeds fifty thousand dollars, subject to any
    48  exceptions to be established by guidelines of the corporation.
    49    [5] 6. Notwithstanding any provision  of  law  to  the  contrary,  the
    50  corporation  may  establish  a program fund for program use and pay into
    51  such fund any eligible funds  available  to  the  corporation  from  any
    52  source, including moneys appropriated by the state.
    53    [6]  7.  The  corporation  shall  submit a report annually on December
    54  thirty-first to the director of the budget, the temporary  president  of

        S. 2008--B                         52                         A. 3008--B
 
     1  the  senate,  the  speaker  of  the assembly, the minority leader of the
     2  senate and the minority leader of the assembly detailing (a)  the  total
     3  amount  of  funds  committed to each applicant; (b) the location of each
     4  applicant;  and  (c)  such  other  information  as the corporation deems
     5  necessary.
     6    [7] 8. The corporation is hereby authorized  to  establish  guidelines
     7  for  the administration of the program, including application procedures
     8  and disbursement terms, and  to  provide  for  the  repayment  of  funds
     9  received  by the beneficiary if the beneficiary leaves New York state or
    10  otherwise ceases farming activity within a period of time to  be  estab-
    11  lished by the corporation.
    12    § 2. This act shall take effect immediately.
 
    13                                   PART GG
 
    14    Section  1. Section 4 of chapter 495 of the laws of 2004, amending the
    15  insurance law and the public health law relating to the New  York  state
    16  health  insurance  continuation  assistance  demonstration  project,  as
    17  amended by section 1 of part GG of chapter 57 of the laws  of  2014,  is
    18  amended to read as follows:
    19    §  4.  This  act  shall take effect on the sixtieth day after it shall
    20  have become a law; provided, however, that  this  act  shall  remain  in
    21  effect  until  July 1, [2015] 2016 when upon such date the provisions of
    22  this act shall expire and be deemed repealed; provided, further, that  a
    23  displaced  worker shall be eligible for continuation assistance retroac-
    24  tive to July 1, 2004.
    25    § 2. This act shall take effect immediately.
 
    26                                   PART HH
 
    27    Section 1.  (a) Notwithstanding any provision of law to the  contrary,
    28  the  civil  service department may re-classify the person employed in an
    29  exempt or non-competitive class position of special office assistant  by
    30  the  division  of  budget  or director of wagering systems by the gaming
    31  commission or research scientist by the department of health or critical
    32  infrastructure analyst by the division of homeland security and emergen-
    33  cy services immediately prior to being  transferred  to  the  office  of
    34  information  technology services pursuant to subdivision 2 of section 70
    35  of the civil service law to align with the duties  and  responsibilities
    36  of  their  positions upon transfer.  Permanent employees whose positions
    37  are subsequently re-classified to align with the duties and responsibil-
    38  ities of their positions upon being transferred to the office of  infor-
    39  mation  technology  services  pursuant to subdivision 2 of section 70 of
    40  the civil service law shall hold such positions without further examina-
    41  tion or qualification.
    42    (b) No employee whose  position  is  re-classified  pursuant  to  this
    43  section  shall  suffer  a  reduction in basic salary as a result of such
    44  re-classification and shall continue to receive, at a minimum, the sala-
    45  ry that such employee received while employed at their prior agency.
    46    § 2. This act shall take effect immediately.
 
    47                                   PART II
 
    48    Section 1. Subdivisions 3 and 5 of section  19-0323  of  the  environ-
    49  mental  conservation  law, as amended by section 1 of part DD of chapter
    50  57 of the laws of 2014, are amended to read as follows:

        S. 2008--B                         53                         A. 3008--B
 
     1    3. Any diesel powered heavy duty vehicle that is owned by, operated by
     2  or on behalf of, or leased by a state  agency  and  state  and  regional
     3  public  authority with more than half of its governing body appointed by
     4  the governor shall utilize the best available  retrofit  technology  for
     5  reducing  the  emission of pollutants. The commissioner shall promulgate
     6  regulations for the implementation of this subdivision  specifying  that
     7  all  vehicles  covered  by  this  subdivision  shall have best available
     8  retrofit technology on or before December 31, [2015] 2016.
     9    This subdivision shall not apply to any vehicle subject to a lease  or
    10  public  works  contract  entered  into or renewed prior to the effective
    11  date of this section.
    12    5. In addition to any waiver which may be issued pursuant to  subdivi-
    13  sion  four  of  this  section,  the department shall issue a waiver to a
    14  state agency, a state or regional public authority, or a person  operat-
    15  ing  any  diesel-powered heavy duty vehicle on behalf of a state agency,
    16  state or regional public authority, upon a request in a form  acceptable
    17  to  the department for a waiver from the provisions of subdivision three
    18  of this section for a vehicle engine provided that such  vehicle  engine
    19  will  cease  to be used in the state on or before December thirty-first,
    20  two thousand [sixteen] seventeen. Any waiver  issued  pursuant  to  this
    21  subdivision shall expire when a state agency, a state or regional public
    22  authority,  or  a person operating any diesel-powered heavy duty vehicle
    23  on behalf of a state agency, state or regional public  authority  ceases
    24  to use the engine in the state but not later than December thirty-first,
    25  two thousand [sixteen] seventeen.
    26    §  2.  Subdivision 7 of section 19-0323 of the environmental conserva-
    27  tion law, as amended by section 2 of part DD of chapter 57 of  the  laws
    28  of 2014, is amended to read as follows:
    29    7. On or before January 1, 2008 and every year thereafter, the commis-
    30  sioner  shall report to the governor and legislature on the use of ultra
    31  low sulfur diesel fuel. On or before January 1, [2016]  2017  and  every
    32  year  thereafter,  the  commissioner  shall include in the report to the
    33  governor and legislature the use of the best available retrofit technol-
    34  ogy as required under this section. The information  contained  in  this
    35  report  shall  include, but not be limited to, for each state agency and
    36  public authority covered by this section: (a) the total number of diesel
    37  fuel-powered motor vehicles owned or operated by such agency and author-
    38  ity; (b) the number of such motor vehicles that were  powered  by  ultra
    39  low  sulfur  diesel  fuel;  (c)  the total number of diesel fuel-powered
    40  motor vehicles owned or operated by such agency and authority  having  a
    41  gross vehicle weight rating of more than 8,500 pounds; (d) the number of
    42  such  motor vehicles that utilized the best available retrofit technolo-
    43  gy, including a breakdown by motor vehicle model, engine  year  and  the
    44  type  of  technology used for each vehicle; (e) the number of such motor
    45  vehicles that are equipped with an engine certified  to  the  applicable
    46  2007 United States environmental protection agency standard for particu-
    47  late matter as set forth in section 86.007-11 of title 40 of the code of
    48  federal  regulations  or  to  any subsequent United States environmental
    49  protection agency standard for particulate matter that is  at  least  as
    50  stringent; and (f) all waivers, findings, and renewals of such findings,
    51  which,  for each waiver, shall include, but not be limited to, the quan-
    52  tity of diesel fuel needed to power diesel fuel-powered  motor  vehicles
    53  owned  or  operated  by  such agency and authority; specific information
    54  concerning the availability of ultra low sulfur diesel fuel.
    55    § 3. This act shall take effect immediately.

        S. 2008--B                         54                         A. 3008--B
 
     1                                   PART JJ
 
     2    Section  1.  Section  1  of  part D of chapter 111 of the laws of 2010
     3  relating to the recovery of exempt income by the office of mental health
     4  for community residences and family-based treatment programs as  amended
     5  by  section 1 of part C of chapter 58 of the laws of 2014, is amended to
     6  read as follows:
     7    Section 1. The office of mental health is authorized to recover  fund-
     8  ing  from  community  residences  and  family-based  treatment providers
     9  licensed by the office of mental  health,  consistent  with  contractual
    10  obligations  of such providers, and notwithstanding any other inconsist-
    11  ent provision of law to the contrary, in an amount equal to  50  percent
    12  of  the income received by such providers which exceeds the fixed amount
    13  of annual Medicaid revenue limitations, as established  by  the  commis-
    14  sioner of mental health. Recovery of such excess income shall be for the
    15  following  fiscal  periods:  for programs in counties located outside of
    16  the city of New York, the applicable fiscal periods shall be January  1,
    17  2003  through December 31, 2009 and January 1, 2011 through December 31,
    18  [2015] 2016; and for programs located within the city of New  York,  the
    19  applicable  fiscal  periods  shall be July 1, 2003 through June 30, 2010
    20  and July 1, 2011 through June 30, [2015] 2016.
    21    § 2. This act shall take effect immediately.
 
    22                                   PART KK
 
    23    Section 1. Subparagraph 9 of paragraph h of subdivision 4  of  section
    24  1950 of the education law, as added by section 1 of part M of chapter 56
    25  of the laws of 2012, is amended to read as follows:
    26    (9)  To  enter  into  contracts with the commissioner of the office of
    27  mental health, to provide special education [and], related services  and
    28  any alternative education programs approved by the commissioner pursuant
    29  to  regulations  promulgated  under  section  one hundred twelve of this
    30  chapter where the board of  cooperative  educational  services  provides
    31  alternative education programs to component school districts, in accord-
    32  ance  with  subdivision  six-b of section thirty-two hundred two of this
    33  chapter to patients hospitalized in hospitals operated by the office  of
    34  mental  health  who are between the ages of five and twenty-one who have
    35  not received a high school diploma. Any such proposed contract shall  be
    36  subject  to the review by the commissioner and his [and] or her determi-
    37  nation that it is an approved cooperative educational service.  Services
    38  provided pursuant to such  contracts  shall  be  provided  at  cost  and
    39  approved  by  the  commissioner  of  the office of mental health and the
    40  director of the division of the budget, and  the  board  of  cooperative
    41  educational  services  shall  not  be  authorized  to  charge  any costs
    42  incurred in providing such services to its component school districts.
    43    § 2. Subdivision 6-b of section 3202 of the education law, as added by
    44  section 2 of part M of chapter 56 of the laws of  2012,  is  amended  to
    45  read as follows:
    46    6-b. The commissioner of mental health may meet his or her obligations
    47  under section 33.11 of the mental hygiene law by contracting pursuant to
    48  this  subdivision for educational services for children between the ages
    49  of five and twenty-one who do not hold a high school diploma and who are
    50  hospitalized in hospitals operated by the office of mental  health  with
    51  the  trustees  or  board  of education of any school district for educa-
    52  tional services or with a board of cooperative educational services  for
    53  the  provision  of  special  education  [and],  related services and any

        S. 2008--B                         55                         A. 3008--B
 
     1  alternative education programs approved by the commissioner pursuant  to
     2  regulations promulgated under section one hundred twelve of this chapter
     3  where the board of cooperative educational services provides alternative
     4  education  programs  to  component  school districts to such children in
     5  accordance with their individualized education programs.  The  costs  of
     6  such  education shall not be a charge upon a school district pursuant to
     7  section 33.11 of the mental hygiene law.
     8    (1) The [education department] commissioner  of  mental  health  shall
     9  reimburse  the  school  district  or  board  of  cooperative educational
    10  services providing educational services pursuant to this subdivision for
    11  the full cost of all services pursuant to the terms of such contract.
    12    (2) The commissioner of mental health, with the approval of the direc-
    13  tor of the division of the budget, shall be authorized to transfer fund-
    14  ing to [the commissioner of education to the extent necessary  to  reim-
    15  burse]  school  districts and boards of cooperative educational services
    16  for services and educational programming provided under such contracts.
    17    (3) Notwithstanding any provision of law to the contrary,  nothing  in
    18  this subdivision or subparagraph nine of paragraph h of subdivision four
    19  of  section nineteen hundred fifty of this chapter shall be construed as
    20  requiring participation by any local school district or board of cooper-
    21  ative educational services.
    22    § 3. The commissioner of  mental  health,  in  consultation  with  the
    23  commissioner  of  education,  shall  submit  to the governor, and to the
    24  temporary president of the senate and the speaker  of  the  assembly,  a
    25  report and recommendations by December 15, 2015 and annually thereafter,
    26  on  the  number  of  children  hospitalized in hospitals operated by the
    27  office of mental health who received educational  services  from  school
    28  districts and boards of cooperative educational services pursuant to the
    29  provisions  of this act in the most recent school year and the projected
    30  number to be served in the subsequent school year, the services provided
    31  to these children, and the actual or projected cost  of  such  services.
    32  Such  report  shall  also  provide  detailed proposals regarding whether
    33  additional actions should be taken to ensure that children  hospitalized
    34  in hospitals operated by the office of mental health continue to receive
    35  education programming and services as required by state and federal law.
    36    §  4.  Section  4 of part M of chapter 56 of the laws of 2012 amending
    37  the education law, relating to authorizing contracts for  the  provision
    38  of special education and related services for certain patients hospital-
    39  ized in hospitals operated by the office of mental health, is amended to
    40  read as follows:
    41    § 4. This act shall take effect July 1, 2012 and shall expire June 30,
    42  [2015]  2018,  when  upon  such date the provisions of this act shall be
    43  deemed repealed.
    44    § 5. This act shall take effect immediately and  shall  be  deemed  to
    45  have been in full force and effect on and after April 1, 2015, provided,
    46  however, that:
    47    a. The amendments to subparagraph 9 of paragraph h of subdivision 4 of
    48  section  1950 of the education law made by section one of this act shall
    49  not affect the repeal of such subparagraph and shall be deemed  repealed
    50  therewith; and
    51    b.  The amendments to subdivision 6-b of section 3202 of the education
    52  law made by section two of this act shall not affect the repeal of  such
    53  subdivision and shall be deemed repealed therewith.
 
    54                                   PART LL

        S. 2008--B                         56                         A. 3008--B
 
     1    Section  1.  Section  3  of  part A of chapter 111 of the laws of 2010
     2  amending the mental hygiene law relating to the receipt of  federal  and
     3  state  benefits  received  by  individuals  receiving care in facilities
     4  operated by an office of the department of mental hygiene, as amended by
     5  section  1  of  part  B of chapter 58 of the laws of 2014, is amended to
     6  read as follows:
     7    § 3. This act shall take effect immediately; and shall expire  and  be
     8  deemed repealed June 30, [2015] 2018.
     9    § 2. This act shall take effect immediately.
 
    10                                   PART MM
 
    11    Section 1. Section 366 of the social services law is amended by adding
    12  a new subdivision 7-a to read as follows:
    13    7-a.  a.  The  commissioner of health in consultation with the commis-
    14  sioner of developmental disabilities shall apply for a home and communi-
    15  ty-based waiver, pursuant to subdivision (c) of section nineteen hundred
    16  fifteen of the federal social security act, in order to provide home and
    17  community-based services for a population of persons with  developmental
    18  disabilities,  as  such  term  is  defined in section 1.03 of the mental
    19  hygiene law.
    20    b. Persons eligible for participation in the waiver program shall:
    21    (i) have a developmental disability as such term is defined in  subdi-
    22  vision twenty-two of section 1.03 of the mental hygiene law;
    23    (ii)  meet the level of care criteria provided by an intermediate care
    24  facility for the developmentally disabled;
    25    (iii) be eligible for Medicaid;
    26    (iv) live at home or in  an  individualized  residential  alternative,
    27  community  residence  or  family  care home, operated or licensed by the
    28  office for people with developmental disabilities;
    29    (v) be capable of being cared for in the community  if  provided  with
    30  such  services as respite, home adaptation, or other home and community-
    31  based services, other than room and board, as may  be  approved  by  the
    32  secretary  of  the  federal  department of health and human services, in
    33  addition to other services provided under this title, as  determined  by
    34  the assessment required by paragraph c of this subdivision;
    35    (vi)  have  a  demonstrated  need  for home and community based waiver
    36  services; and
    37    (vii) meet such other criteria as may be established  by  the  commis-
    38  sioner  of health and the commissioner of developmental disabilities, as
    39  may be necessary to administer the provisions of this subdivision.
    40    c. The commissioner of developmental  disabilities  shall  assess  the
    41  eligibility  of  persons  enrolled,  or seeking to enroll, in the waiver
    42  program. The assessment shall include, but need not be  limited  to,  an
    43  evaluation of the health, psycho-social, developmental, habilitation and
    44  environmental  needs  of the person and shall serve as the basis for the
    45  development and provision of an appropriate person centered plan of care
    46  for such person.
    47    d. The office for people with developmental disabilities shall  under-
    48  take or arrange for the development of a written person centered plan of
    49  care  for  each person enrolled in the waiver. Such person centered plan
    50  of care shall describe the provision of home and community based  waiver
    51  services consistent with the assessment for each person.
    52    e.  The office for people with developmental disabilities shall review
    53  the person centered plan of care and authorize those home and  community
    54  based  services  to  be  included  in  the person centered plan of care,

        S. 2008--B                         57                         A. 3008--B
 
     1  taking into account the person's assessed  needs,  valued  outcomes  and
     2  available resources.
     3    f.  The  commissioners  of developmental disabilities and health shall
     4  determine quality standards for organizations providing  services  under
     5  such  waiver  and shall authorize organizations that meet such standards
     6  to provide such services.
     7    g. The  commissioner  of  developmental  disabilities  or  health  may
     8  promulgate   rules  and  regulations  as  necessary  to  effectuate  the
     9  provisions of this section.
    10    h. This subdivision shall be effective only if, and as long as, feder-
    11  al financial participation is available for expenditures incurred  under
    12  this subdivision.
    13    §  2.  Paragraph  (a)  of  subdivision  4 of section 488 of the social
    14  services law, as added by section 1 of part B of chapter 501 of the laws
    15  of 2012, is amended to read as follows:
    16    (a) a facility or program in which services are provided and which  is
    17  operated,  licensed  or  certified  by  the office of mental health, the
    18  office for people with developmental disabilities or the office of alco-
    19  holism and substance  abuse  services,  including  but  not  limited  to
    20  psychiatric  centers, inpatient psychiatric units of a general hospital,
    21  developmental centers, intermediate  care  facilities,  community  resi-
    22  dences,  group homes and family care homes, provided, however, that such
    23  term shall not include a secure treatment facility as defined in section
    24  10.03 of the mental hygiene law, services defined in  subparagraph  four
    25  of  subdivision  (a)  of  section  16.03  of  the mental hygiene law, or
    26  services provided in programs or facilities that  are  operated  by  the
    27  office  of  mental  health  and located in state correctional facilities
    28  under the jurisdiction of the department of  corrections  and  community
    29  supervision;
    30    §  3.  Subdivision  2 of section 550 of the executive law, as added by
    31  section 3 of part A of chapter 501 of the laws of 2012,  is  amended  to
    32  read as follows:
    33    2.  "Mental  hygiene  facility"  shall  mean  a facility as defined in
    34  subdivision six of section 1.03 of the mental hygiene law and facilities
    35  for the operation of which an operating certificate is required pursuant
    36  to article sixteen or thirty-one of the mental hygiene law and including
    37  family care homes. "Mental hygiene facility" also means a secure  treat-
    38  ment facility as defined by article ten of the mental hygiene law.  This
    39  term shall not include services defined in subparagraph four of subdivi-
    40  sion (a) of section 16.03 of the mental hygiene law.
    41    § 4. Subdivisions 3, 4, 5 and 22 of section 1.03 of the mental hygiene
    42  law, subdivision 3 as amended by chapter 223 of the laws of 1992, subdi-
    43  vision  4  as added by chapter 978 of the laws of 1977, subdivision 5 as
    44  amended by chapter 75 of the laws of 2006, and subdivision 22 as amended
    45  by chapter 255 of the laws of 2002, are amended to read as follows:
    46    3. "Mental disability"  means  mental  illness,  [mental  retardation]
    47  intellectual disability, developmental disability, alcoholism, substance
    48  dependence,  or  chemical dependence. [A mentally disabled person is one
    49  who has a mental disability.]
    50    4. "Services for [the mentally disabled] persons with a  mental  disa-
    51  bility"  means  examination, diagnosis, care, treatment, rehabilitation,
    52  supports, habilitation or training of the mentally disabled.
    53    5. "Provider of services" means  an  individual,  association,  corpo-
    54  ration,  partnership,  limited  liability  company, or public or private
    55  agency, other than an agency or department of the state, which  provides
    56  services  for  [the mentally disabled] persons with a mental disability.

        S. 2008--B                         58                         A. 3008--B
 
     1  It shall not include any part of a hospital as defined in article  twen-
     2  ty-eight  of  the  public health law which is not being operated for the
     3  purpose of providing services for the mentally disabled. No provider  of
     4  services shall be subject to the regulation or control of the department
     5  or  one  of its offices except as such regulation or control is provided
     6  for by other provisions of this chapter.
     7    22. "Developmental disability" means a disability of a person which:
     8    (a) (1) is attributable to [mental retardation] intellectual disabili-
     9  ty, cerebral palsy, epilepsy, neurological impairment, familial dysauto-
    10  nomia or autism;
    11    (2) is attributable to any other condition of a  person  found  to  be
    12  closely  related to [mental retardation] intellectual disability because
    13  such condition results in similar  impairment  of  general  intellectual
    14  functioning  or  adaptive behavior to that of [mentally retarded] intel-
    15  lectually disabled persons or requires treatment and services similar to
    16  those required for such person; or
    17    (3) is attributable to dyslexia resulting from a disability  described
    18  in subparagraph [(1)] one or [(2)] two of this paragraph;
    19    (b) originates before such person attains age twenty-two;
    20    (c) has continued or can be expected to continue indefinitely; and
    21    (d)  constitutes  a  substantial  handicap to such person's ability to
    22  function normally in society.
    23    § 5. Intentionally omitted.
    24    § 6. Subdivision (a) of section 16.03 of the  mental  hygiene  law  is
    25  amended by adding a new paragraph 4 to read as follows:
    26    (4)  The provision of home and community based services approved under
    27  a waiver program authorized pursuant to subdivision (c) of section nine-
    28  teen hundred fifteen of the federal social security act and subdivisions
    29  seven and seven-a of section  three  hundred  sixty-six  of  the  social
    30  services  law, provided that an operating certificate issued pursuant to
    31  this paragraph shall only authorize services  in  a  home  or  community
    32  setting.
    33    §  7.  Section  16.03 of the mental hygiene law is amended by adding a
    34  new subdivision (f) to read as follows:
    35    (f) Any provider of  services  that  holds  an  operating  certificate
    36  pursuant  to paragraph four of subdivision (a) of this section, shall be
    37  authorized to employ or contract with persons licensed to practice nurs-
    38  ing pursuant to article one hundred thirty-nine of  the  education  law;
    39  employ  or  contract with exempt individuals authorized to perform tasks
    40  pursuant to subparagraph (v)  of  paragraph  a  of  subdivision  one  of
    41  section  sixty-nine hundred eight of the education law; or contract with
    42  entities legally authorized to employ persons licensed to practice nurs-
    43  ing pursuant to article one hundred thirty-nine of the education law  or
    44  exempt  individuals authorized to perform tasks pursuant to subparagraph
    45  (v) of paragraph a of subdivision  one  of  section  sixty-nine  hundred
    46  eight  of the education law; provided that such exempt individuals shall
    47  only be authorized to provide those tasks delegated pursuant to subpara-
    48  graph (v) of paragraph  a  of  subdivision  one  of  section  sixty-nine
    49  hundred eight of the education law.
    50    § 8. Subdivision (a), paragraphs 2, 3, and 6 of subdivision (c), para-
    51  graphs  1 and 4 of subdivision (d), subdivision (e), and subdivision (i)
    52  of section 16.05 of the mental hygiene law, subdivision (a),  paragraphs
    53  2,  3,  and  6 of subdivision (c), paragraphs 1 and 4 of subdivision (d)
    54  and subdivision (e) as added by chapter 786 of the laws of  1983,  para-
    55  graph  6 of subdivision (c) and paragraph 4 of subdivision (d) as renum-

        S. 2008--B                         59                         A. 3008--B
 
     1  bered by chapter 618 of the laws of 1990, and subdivision (i) as amended
     2  by chapter 37 of the laws of 2011, are amended to read as follows:
     3    (a)(1)  Application  for  an  operating certificate shall be made upon
     4  forms prescribed by the commissioner.
     5    (2) Application shall be made by the person or entity responsible  for
     6  operation of the facility or provider of services as described in subdi-
     7  vision  four of section 16.03 of this article.  Applications shall be in
     8  writing, shall  be  verified  and  shall  contain  such  information  as
     9  required by the commissioner.
    10    (2)  The  character,  competence  and standing in the community of the
    11  person or entity responsible for operating  the  facility  or  providing
    12  services;
    13    (3)  The  financial  resources of the proposed facility or provider of
    14  services and its sources of future revenues;
    15    (6) In the case of residential facilities, that arrangements have been
    16  made with other providers of  services  for  the  provision  of  health,
    17  habilitation,  day treatment, education, sheltered workshop, transporta-
    18  tion or other services  as  may  be  necessary  to  meet  the  needs  of
    19  [clients] individuals who will reside in the facility; and
    20    (1)  the  financial  resources of the proposed facility or provider of
    21  services and its sources of future revenues;
    22    (4) in the case of residential facilities, that arrangements have been
    23  made with other providers of  services  for  the  provision  of  health,
    24  habilitation,  day treatment, education, sheltered workshop, transporta-
    25  tion or other services  as  may  be  necessary  to  meet  the  needs  of
    26  [clients] individuals who will reside in the facility; and
    27    (e)  The  commissioner  may disapprove an application for an operating
    28  certificate, may authorize fewer services  than  applied  for,  and  may
    29  place  limitations or conditions on the operating certificate including,
    30  but not limited to compliance with a time limited plan of correction  of
    31  any  deficiency  which does not threaten the health or well-being of any
    32  [client] individuals.  In such cases the applicant  shall  be  given  an
    33  opportunity  to be heard, at a public hearing if requested by the appli-
    34  cant.
    35    (i) In the event that the holder of an  operating  certificate  for  a
    36  residential facility issued by the commissioner pursuant to this article
    37  wishes  to  cease  the operation or conduct of any of the activities, as
    38  defined in paragraph one or four of subdivision (a) of section 16.03  of
    39  this  article,  for  which  such certificate has been issued or to cease
    40  operation of any one or more of facilities for  which  such  certificate
    41  has  been  issued; wishes to transfer ownership, possession or operation
    42  of the premises and facilities upon  which  such  activities  are  being
    43  conducted  or  to transfer ownership, possession or operation of any one
    44  or more of the premises or facilities for  which  such  certificate  has
    45  been  issued; or elects not to apply to the commissioner for re-certifi-
    46  cation upon the expiration of any current period  of  certification,  it
    47  shall be the duty of such certificate holder to give to the commissioner
    48  written  notice  of such intention not less than sixty days prior to the
    49  intended effective date of such transaction. Such notice shall set forth
    50  a detailed plan which makes provision for the safe and orderly  transfer
    51  of  each  person  with a developmental disability served by such certif-
    52  icate holder pursuant to such certificate into  a  program  of  services
    53  appropriate  to  such  person's on-going needs and/or for the continuous
    54  provision of a lawfully operated program of such activities and services
    55  at the premises and facilities to be conveyed by the certificate holder.
    56  Such certificate holder shall not cease to provide any such services  to

        S. 2008--B                         60                         A. 3008--B
 
     1  any such person with a developmental disability under any of the circum-
     2  stances  described  in  this  section until the notice and plan required
     3  hereby are received, reviewed and approved by the commissioner. For  the
     4  purposes  of this paragraph, the requirement of prior notice and contin-
     5  uous provision of programs and services by the certificate holder  shall
     6  not  apply  to  those  situations  and changes in circumstances directly
     7  affecting the certificate holder that are not reasonably foreseeable  at
     8  the  time  of  occurrence, including, but not limited to, death or other
     9  sudden incapacitating disability or infirmity. Written notice  shall  be
    10  given  to  the commissioner as soon as reasonably possible thereafter in
    11  the manner set forth within this subdivision.
    12    § 8-a. Subdivision (c) of section 16.05 of the mental hygiene  law  is
    13  amended by adding a new paragraph 6-a to read as follows:
    14    (6-a)  In the case of a  provider of services seeking to provide nurs-
    15  ing tasks by non-licensed  persons  authorized  to  provide  such  tasks
    16  pursuant  to  subparagraph  (v)  of  paragraph  a  of subdivision one of
    17  section sixty-nine hundred eight of the education law, that such provid-
    18  er will provide services and perform  tasks  in  a  safe  and  competent
    19  manner  and will fully comply with the requirements of such subparagraph
    20  and any memorandum of understanding between the  office  and  the  state
    21  education  department  pursuant  to  such  subparagraph.   Any operating
    22  certificate subject to this paragraph shall specify that the provider of
    23  services is authorized to provide these nursing services.
    24    § 9. Paragraph 1 of subdivision (a) of section  16.09  of  the  mental
    25  hygiene  law, as added by chapter 786 of the laws of 1983, is amended to
    26  read as follows:
    27    (1) "Facility" is limited to a facility in which services are  offered
    28  for  which an operating certificate is required by this article. For the
    29  purposes of this section facility shall include family  care  homes  but
    30  shall  not  include  the  provision of services, as defined in paragraph
    31  four of subdivision (a) of section 16.03 of this article, outside  of  a
    32  facility.
    33    §  10. The section heading and subdivision (a) of section 16.11 of the
    34  mental hygiene law are REPEALED and a new section heading  and  subdivi-
    35  sion (a) are added to read as follows:
    36    Oversight  of  facilities  and  services.   (a) The commissioner shall
    37  provide for the oversight of facilities and providers of services  hold-
    38  ing operating certificates pursuant to section 16.03 of this article and
    39  shall  provide for the annual review of such facilities and providers in
    40  implementing the requirements of the office  and  in  providing  quality
    41  care and person centered and community based services.
    42    (1)  The review of facilities issued an operating certificate pursuant
    43  to this article shall include periodic visitation  and  review  of  each
    44  facility.  Reviews  shall  be made as frequently as the commissioner may
    45  deem necessary but in any event such inspections shall  be  made  on  at
    46  least  two  occasions  during  each calendar year which shall be without
    47  prior notice, provided, however, that where, in the  discretion  of  the
    48  commissioner, an operating certificate has been issued to a program with
    49  a  history  of  compliance  and  a record of providing a high quality of
    50  care, the periodic inspection and visitation required by  this  subdivi-
    51  sion shall be made at least once during each calendar year provided such
    52  visit shall be without prior notice.  Areas of review shall include, but
    53  not be limited to, a review of a facility's: physical plant, fire safety
    54  procedures,   health  care,  protective  oversight,  abuse  and  neglect
    55  prevention, and reporting procedures.

        S. 2008--B                         61                         A. 3008--B
 
     1    (2) The review of providers of services, as defined in paragraph  four
     2  of  subdivision  (a) of section 16.03 of this article, shall ensure that
     3  the provider of services complies  with  all  the  requirements  of  the
     4  applicable  federal home and community based services waiver program and
     5  applicable federal regulation, subdivisions seven and seven-a of section
     6  three  hundred  sixty-six of the social services law and rules and regu-
     7  lations adopted by the commissioner.
     8    § 11. Subdivisions (b), (c), (d), and (e)  of  section  16.11  of  the
     9  mental hygiene law, subdivision (b) as amended by chapter 37 of the laws
    10  of  2011,  and  subdivisions (c), (d) and (e) as added by chapter 786 of
    11  the laws of 1983, are amended to read as follows:
    12    (b) The commissioner shall have the power  to  conduct  investigations
    13  into  the  operations of any provider of service, person or entity which
    14  holds an operating certificate issued by the office, into the  operation
    15  of  any  facility, service or program issued an operating certificate by
    16  the office and into the operations, related to the provision of services
    17  regulated by this chapter, of any person or entity providing a residence
    18  for one or more unrelated persons with developmental disabilities.
    19    (c) In conducting [an  inspection]  a  review  or  investigation,  the
    20  commissioner  or  his  or  her  authorized representative shall have the
    21  power to inspect facilities, conduct interviews  of  clients,  interview
    22  personnel, examine and copy all records, including financial and medical
    23  records  of  the facility or provider of services, and obtain such other
    24  information as may be required in order to carry out his or her  respon-
    25  sibilities under this chapter.
    26    (d)  In conducting any [inspection] review or investigation under this
    27  chapter, the commissioner or his or  her  authorized  representative  is
    28  empowered  to  subpoena  witnesses,  compel their attendance, administer
    29  oaths to witnesses,  examine  witnesses  under  oath,  and  require  the
    30  production  of any books or papers deemed relevant to the investigation,
    31  inspection, or hearing. A subpoena issued under this  section  shall  be
    32  regulated by the civil practice law and rules.
    33    (e)  The  supreme  court  may  enjoin  persons  or entities subject to
    34  [inspection] review or investigation pursuant to this article to cooper-
    35  ate with the commissioner  and  to  allow  the  commissioner  access  to
    36  providers  of  services,  facilities,  records, clients and personnel as
    37  necessary to enable the commissioner to conduct the [inspection]  review
    38  or investigation.
    39    § 12. Section 16.17 of the mental hygiene law, as added by chapter 786
    40  of  the laws of 1983, subdivision (a) and paragraph 2 and subparagraph b
    41  of paragraph 1 of subdivision (b) as amended and subparagraph d of para-
    42  graph 1 of subdivision (b) as relettered by chapter 169 of the  laws  of
    43  1992, subdivision (b) as amended by chapter 856 of the laws of 1985, the
    44  opening  paragraph  and subparagraph c of paragraph 1 of subdivision (b)
    45  as amended by chapter 37 of the laws of 2011, subparagraph  d  of  para-
    46  graph  1 of subdivision (b) as added by chapter 618 of the laws of 1990,
    47  paragraph 4 of subdivision (b) as amended by chapter 168 of the laws  of
    48  2010,  paragraph  1  of subdivision (f) as amended by chapter 601 of the
    49  laws of 2007, subdivision (g) as amended by chapter 24 of  the  laws  of
    50  2007, and subdivision (h) as amended by chapter 306 of the laws of 1995,
    51  is amended to read as follows:
    52  § 16.17 Suspension,  revocation,  or  limitation of an operating certif-
    53            icate.
    54    (a) The commissioner  may  revoke,  suspend,  or  limit  an  operating
    55  certificate or impose the penalties described in subparagraph a, b, c or
    56  d  of  paragraph  one  of  subdivision (b) or in subdivision (g) of this

        S. 2008--B                         62                         A. 3008--B
 
     1  section upon a determination that the  holder  of  the  certificate  has
     2  failed to comply with the terms of its operating certificate or with the
     3  provisions  of any applicable statute, rule or regulation. The holder of
     4  the  certificate  shall  be  given notice and an opportunity to be heard
     5  prior to any such determination except that no such notice and  opportu-
     6  nity  to be heard shall be necessary prior to an emergency suspension or
     7  limitation of the facility's or provider of services' operating  certif-
     8  icate  imposed  pursuant  to  paragraph  one  of subdivision (b) of this
     9  section, nor shall such notice and opportunity to be heard be  necessary
    10  should the commissioner, in his or her discretion, decide to issue sepa-
    11  rate  operating  certificates  to  each facility or provider of services
    12  formerly included under the services authorized by one operating certif-
    13  icate to the provider of services.
    14    (b) (1) An operating  certificate  may  be  temporarily  suspended  or
    15  limited without a prior hearing for a period not in excess of sixty days
    16  upon  written notice to the facility or provider of services following a
    17  finding by the office for people with developmental disabilities that  a
    18  [client's]  individual's  health  or  safety is in imminent danger. Upon
    19  such finding and notice, the power of the  commissioner  temporarily  to
    20  suspend  or  limit an operating certificate shall include, but shall not
    21  be limited to, the power to:
    22    a. Prohibit or limit the placement of new [clients] individuals in the
    23  facility or services;
    24    b. Remove or cause to be removed some or all of the [clients] individ-
    25  uals in the facility or services;
    26    c. Suspend or limit or cause to be suspended or limited the payment of
    27  any governmental funds to the facility or provider of services  provided
    28  that  such action shall not in any way jeopardize the health, safety and
    29  welfare of any person with a developmental disability in such program or
    30  facility or services;
    31    d. Prohibit or limit  the  placement  of  new  [clients]  individuals,
    32  remove  or  cause  to  be  removed some or all [clients] individuals, or
    33  suspend or limit or cause to be suspended or limited the payment of  any
    34  governmental  funds,  in  or  to  any  one  or more of the facilities or
    35  provider of services authorized pursuant  to  an  operating  certificate
    36  [issued to a provider of services].
    37    (2)  At  any  time  subsequent  to the suspension or limitation of any
    38  operating certificate pursuant to  paragraph  one  of  this  subdivision
    39  where  said  suspension or limitation is the result of correctable phys-
    40  ical plant, staffing or program deficiencies, the facility  or  provider
    41  of services may request the office to [reinspect] review the facility or
    42  provider  of  services to redetermine whether a physical plant, staffing
    43  or program deficiency continues to exist. After the receipt  of  such  a
    44  request, the office shall [reinspect] review the facility or provider of
    45  services  within  ten  days  and  in the event that the previously found
    46  physical plant, staffing or program deficiency has been  corrected,  the
    47  suspension  or  limitation  shall  be  withdrawn. If the physical plant,
    48  staffing or program deficiency has not been corrected, the  commissioner
    49  shall  not  thereafter be required to [reinspect] review the facility or
    50  provider of services during the emergency period of suspension or  limi-
    51  tation.
    52    (3)  During the sixty day suspension or limitation period provided for
    53  in paragraph one of this subdivision the  commissioner  shall  determine
    54  whether  to  reinstate  or  remove  the limitations on the facility's or
    55  provider of services' operating certificate or  to  revoke,  suspend  or
    56  limit  the  operating  certificate  pursuant  to subdivision (a) of this

        S. 2008--B                         63                         A. 3008--B
 
     1  section. Should the commissioner choose to revoke, suspend or limit  the
     2  operating  certificate,  then  the  emergency  suspension  or limitation
     3  provided for in this subdivision shall  remain  in  effect  pending  the
     4  outcome  of  an  administrative hearing on the revocation, suspension or
     5  limitation.
     6    (4) The facility operator or provider of services, within ten days  of
     7  the  date  when the emergency suspension or limitation pursuant to para-
     8  graph one of this subdivision is first imposed, may request an evidenti-
     9  ary hearing to contest the validity of the emergency suspension or limi-
    10  tation. Such an evidentiary hearing shall commence within  ten  days  of
    11  the  facility  operator's  or  provider's  request and no request for an
    12  adjournment shall be granted without the  concurrence  of  the  facility
    13  operator  or  provider  of service, office for people with developmental
    14  disabilities, and the hearing officer. The evidentiary hearing shall  be
    15  limited  to  those  violations  of federal and state law and regulations
    16  that existed at the time of the emergency suspension or  limitation  and
    17  which gave rise to the emergency suspension or limitation. The emergency
    18  suspension  or  limitation shall be upheld upon a determination that the
    19  office for people with developmental disabilities had  reasonable  cause
    20  to  believe that a [client's] individual's health or safety was in immi-
    21  nent danger. A record of such hearing shall be  made  available  to  the
    22  facility  operator  or  provider  of  service  upon  request. Should the
    23  commissioner determine to revoke, suspend or limit [the  facility's]  an
    24  operating  certificate  pursuant  to subdivision (a) of this section, no
    25  administrative hearing on  that  action  shall  commence  prior  to  the
    26  conclusion  of  the  evidentiary hearing. The commissioner shall issue a
    27  ruling within ten days  after  the  receipt  of  the  hearing  officer's
    28  report.
    29    (c)  When  the  holder  of  an  operating certificate shall request an
    30  opportunity to be heard, the commissioner shall fix a time and place for
    31  the hearing. A copy of the charges, together with the notice of the time
    32  and place of the hearing, shall be served in person or mailed by  regis-
    33  tered or certified mail to the facility or provider of services at least
    34  ten days before the date fixed for the hearing. The facility or provider
    35  of  services  shall file with the office, not less than three days prior
    36  to the hearing, a written answer to the charges.
    37    (d) (1) When a hearing must be afforded pursuant to  this  section  or
    38  other  provisions  of  this article, the commissioner, acting as hearing
    39  officer, or any person designated by him  or  her  as  hearing  officer,
    40  shall have power to:
    41    a. administer oaths and affirmations;
    42    b. issue subpoenas, which shall be regulated by the civil practice law
    43  and rules;
    44    c. take testimony; or
    45    d. control the conduct of the hearing.
    46    (2)  The  rules  of  evidence  observed by courts need not be observed
    47  except that the rules of privilege recognized by law shall be respected.
    48  Irrelevant or unduly repetitious evidence may be excluded.
    49    (3) All parties shall have the right of counsel  and  be  afforded  an
    50  opportunity to present evidence and cross-examine witnesses.
    51    (4)  If evidence at the hearing relates to the identity, condition, or
    52  clinical record of [a client] an individual,  the  hearing  officer  may
    53  exclude  all  persons  from  the  room except parties to the proceeding,
    54  their counsel and the witness. The record of such proceeding  shall  not
    55  be  available  to  anyone  outside the office, other than a party to the
    56  proceeding or his counsel, except by order of a court of record.

        S. 2008--B                         64                         A. 3008--B
 
     1    (5) The commissioner may establish regulations to govern  the  hearing
     2  procedure and the process of determination of the proceeding.
     3    (6)  The  commissioner  shall issue a ruling within ten days after the
     4  termination of the hearing or, if a hearing officer has been designated,
     5  within ten days from the hearing officer's report.
     6    (e) All orders or determinations hereunder shall be subject to  review
     7  as  provided  in  article  seventy-eight  of  the civil practice law and
     8  rules.
     9    (f) (1) Except as provided  in  paragraph  two  of  this  subdivision,
    10  anything  contained  in this section to the contrary notwithstanding, an
    11  operating certificate of a facility or  provider  of  service  shall  be
    12  revoked  upon  a  finding by the office that any individual, member of a
    13  partnership or shareholder of a corporation to whom or to which an oper-
    14  ating certificate has been issued, has been convicted of a class A, B or
    15  C felony or a felony related in any  way  to  any  activity  or  program
    16  subject to the regulations, supervision, or administration of the office
    17  or  of the office of temporary and disability assistance, the department
    18  of health, or another office of the department of mental hygiene, or  in
    19  violation  of  the public officers law in a court of competent jurisdic-
    20  tion of the state, or in a court in  another  jurisdiction  for  an  act
    21  which would have been a class A, B or C felony in this state or a felony
    22  in  any way related to any activity or program which would be subject to
    23  the regulations, supervision, or administration of the office or of  the
    24  office of temporary and disability assistance, the department of health,
    25  or  another  office  of  the department of mental hygiene, or for an act
    26  which would be in violation of the public officers law. The commissioner
    27  shall not revoke or limit the operating certificate of any  facility  or
    28  provider  of  service,  solely because of the conviction, whether in the
    29  courts of this state or in the courts of another jurisdiction, more than
    30  ten years prior to the effective date of such revocation or  limitation,
    31  of any person of a felony, or what would amount to a felony if committed
    32  within  the  state,  unless  the commissioner makes a determination that
    33  such conviction was related to an activity or  program  subject  to  the
    34  regulations,  supervision,  and  administration  of the office or of the
    35  office of temporary and disability assistance, the department of health,
    36  or another office of the department of mental hygiene, or  in  violation
    37  of the public officers law.
    38    (2)  In the event one or more members of a partnership or shareholders
    39  of a corporation shall have been convicted of a felony as  described  in
    40  paragraph  one  of this subdivision, the commissioner shall, in addition
    41  to his or her other powers, limit the existing operating certificate  of
    42  such  partnership  or  corporation  so  that  it shall apply only to the
    43  remaining partner or shareholders, as the case  may  be,  provided  that
    44  every  such convicted person immediately and completely ceases and with-
    45  draws from participation in the management and operation of the facility
    46  or provider of services and further provided that a change of  ownership
    47  or  transfer of stock is completed without delay, and provided that such
    48  partnership or corporation shall immediately reapply for  a  certificate
    49  of  operation pursuant to subdivision (a) of section 16.05 of this arti-
    50  cle.
    51    (g) The commissioner may impose a fine upon a finding that the  holder
    52  of  the certificate has failed to comply with the terms of the operating
    53  certificate or with the provisions of any applicable  statute,  rule  or
    54  regulation.  The  maximum  amount  of  such  fine  shall be one thousand
    55  dollars per day or fifteen thousand dollars per violation.

        S. 2008--B                         65                         A. 3008--B
 
     1    Such penalty may be recovered by an action brought by the commissioner
     2  in any court of competent jurisdiction.
     3    Such penalty may be released or compromised by the commissioner before
     4  the  matter  has been referred to the attorney general. Any such penalty
     5  may be released or compromised and any action commenced to  recover  the
     6  same  may  be  settled  or discontinued by the attorney general with the
     7  consent of the commissioner.
     8    (h) Where a proceeding has been brought pursuant to section  16.27  of
     9  this article, and a receiver appointed pursuant thereto, the commission-
    10  er  may  assume  operation of the facility subject to such receivership,
    11  upon termination of such receivership, and upon  showing  to  the  court
    12  having  jurisdiction  over  such  receivership that no voluntary associ-
    13  ation, not-for-profit corporation or other appropriate provider is will-
    14  ing to assume operation of the facility subject to receivership  and  is
    15  capable  of  meeting the requirements of this article; provided that the
    16  commissioner notifies the  chairman  of  the  assembly  ways  and  means
    17  committee, the chairman of the senate finance committee and the director
    18  of the budget of his intention to assume operation of such facility upon
    19  service  of  the  order  to show cause upon the owner or operator of the
    20  facility, pursuant to subdivision (b) of section 16.27 of this article.
    21    § 13. Paragraph 5 of subdivision (a) of section 16.29  of  the  mental
    22  hygiene  law,  as  amended  by section 9 of part C of chapter 501 of the
    23  laws of 2012, is amended to read as follows:
    24    (5) removing a service recipient when it is determined that there is a
    25  risk to such person if he or she continues to remain in  a  facility  or
    26  service program; and
    27    § 14. Paragraph (ii) of subdivision (c) of section 16.29 of the mental
    28  hygiene  law,  as  amended  by section 9 of part C of chapter 501 of the
    29  laws of 2012, is amended to read as follows:
    30    (ii) development and implementation of a plan of prevention and  reme-
    31  diation, in the event an investigation of a report of an alleged report-
    32  able  incident  exists and such reportable incident may be attributed in
    33  whole or in part  to  noncompliance  by  the  facility  or  provider  of
    34  services  with  the  provisions  of  this  chapter or regulations of the
    35  office applicable to the operation  of  such  facility  or  provider  of
    36  services.   Any plan of prevention and remediation required to be devel-
    37  oped pursuant to this subdivision by a facility supervised by the office
    38  shall be submitted to and approved by such  office  in  accordance  with
    39  time limits established by regulations of such office. Implementation of
    40  the  plan  shall be monitored by such office. In reviewing the continued
    41  qualifications of a residential facility  or  provider  of  services  or
    42  program  for  an  operating  certificate, the office shall evaluate such
    43  facility's or provider of service's compliance with plans of  prevention
    44  and remediation developed and implemented pursuant to this subdivision.
    45    §  14-a. Section 366 of the social services law is amended by adding a
    46  new subdivision 7-b to read as follows:
    47    7-b. Services and needs assessment.  The assessment completed pursuant
    48  to subdivision seven-a of this section shall be based upon a  valid  and
    49  reliable  assessment tool.   The assessment shall also include an evalu-
    50  ation of the individual's home environment, including  but  not  limited
    51  to,  the ability of family and/or caregivers to provide supports outside
    52  of those within the waiver, including but not limited to, activities  of
    53  daily living.
    54    § 15. This act shall take effect immediately.
 
    55                                   PART NN

        S. 2008--B                         66                         A. 3008--B
 
     1    Section 1. Subdivision (a) of section 41.35 of the mental hygiene law,
     2  as  amended  by  chapter  658 of the laws of 1977, is amended to read as
     3  follows:
     4    (a)  The commissioners of the offices in the department shall cause to
     5  be  developed  plans  for  three  or  more  time-limited   demonstration
     6  programs, the purpose of which shall be to test and evaluate new methods
     7  or  arrangements  for  organizing,  financing,  staffing  and  providing
     8  services for the mentally disabled in order to determine the  desirabil-
     9  ity  of such methods or arrangements. Subject to regulations established
    10  by the commissioners and notwithstanding section one hundred sixty-three
    11  of the state finance law  and  section  one  hundred  forty-two  of  the
    12  economic  development  law, or any other provision of law, such programs
    13  may include but shall not be  limited  to  comprehensive  organizational
    14  structures  to serve all mentally disabled persons within the purview of
    15  a local governmental unit, innovative financing  and  staffing  arrange-
    16  ments  and specific programs to serve the mentally disabled. Such demon-
    17  stration programs shall be consistent with established  statewide  goals
    18  and  objectives  and  local  comprehensive  plans, shall be developed in
    19  conjunction with the local comprehensive planning process, and shall  be
    20  submitted to the single agent jointly designated by the commissioners of
    21  the  department  for  review and approval by the commissioner or commis-
    22  sioners having jurisdiction of the services.
    23    § 2. This act shall take effect immediately and shall  expire  and  be
    24  deemed repealed March 31, 2018.
 
    25                                   PART OO
 
    26    Section  1.  Subdivisions (a), (b), (c), (d), (e), (f), (g), (h), (i),
    27  (j), (k), (l), (m) and (o) of section 41.36 of the  mental  hygiene  law
    28  are REPEALED.
    29    §  2.  Subdivision  (n) of section 41.36 of the mental hygiene law, as
    30  amended by chapter 525 of the laws  of  1985,  is  amended  to  read  as
    31  follows:
    32    [(n)] The commissioner of developmental disabilities shall establish a
    33  procedure,  subject  to  the  approval of the state comptroller, whereby
    34  payments in addition to the [client's] personal allowance of an individ-
    35  ual living in a community residential facility may be made to  providers
    36  of services for one or more of the following needs of [clients] individ-
    37  uals  residing  in such facilities, limited to two hundred fifty dollars
    38  per [client] individual per year and paid semi-annually  in  the  manner
    39  specified by such procedures:
    40    [1.] (a) Replacement of necessary clothing;
    41    [2.] (b) Personal requirements and incidental needs of [clients] indi-
    42  viduals residing in the facility;
    43    [3.] (c) Recreational and cultural activities of [clients] individuals
    44  residing  in  the facility. Such payments may be made from monies appro-
    45  priated to the office for this purpose. Such payments shall  be  audited
    46  by the office pursuant to an audit plan approved by the comptroller.
    47    §  3.  Section  43.02 of the mental hygiene law, as amended by chapter
    48  168 of the laws of 2010, is amended to read as follows:
    49  § 43.02 Rates or methods of payment for services at  facilities  subject
    50             to licensure or certification by the office of mental health,
    51             the  office for people with developmental disabilities or the
    52             office of alcoholism and substance abuse services.
    53    (a) Notwithstanding any inconsistent provision of law, payment made by
    54  government agencies pursuant to title eleven  of  article  five  of  the

        S. 2008--B                         67                         A. 3008--B
 
     1  social  services  law  for services provided by any facility licensed by
     2  the office of mental health pursuant to article thirty-one of this chap-
     3  ter [or licensed or operated by the office for people with developmental
     4  disabilities  pursuant  to article sixteen of this chapter] or certified
     5  by the office of alcoholism and substance  abuse  services  pursuant  to
     6  this  chapter  to  provide  inpatient  chemical  dependence services, as
     7  defined in section 1.03 of this chapter,  shall  be  at  rates  or  fees
     8  certified  by  the commissioner of the respective office and approved by
     9  the director of the division  of  the  budget,  provided,  however,  the
    10  commissioner  of mental health shall annually certify such rates or fees
    11  which may vary  for  distinct  geographical  areas  of  the  state  and,
    12  provided,  further, that rates or fees for service for inpatient psychi-
    13  atric services or inpatient chemical dependence services,  at  hospitals
    14  otherwise licensed pursuant to article twenty-eight of the public health
    15  law  shall  be established in accordance with section two thousand eight
    16  hundred seven of the public health  law  and,  provided,  further,  that
    17  rates or fees for services provided by any facility or program licensed,
    18  operated  or  approved by the office for people with developmental disa-
    19  bilities, shall be certified by the commissioner  of  health;  provided,
    20  however,  that  such  methodologies  shall be subject to approval by the
    21  office for people with developmental disabilities and  shall  take  into
    22  account the policies and goals of such office.
    23    (b)  Operators  of  facilities licensed by the office of mental health
    24  pursuant to article thirty-one of this chapter, licensed by  the  office
    25  for  people  with developmental disabilities pursuant to article sixteen
    26  of this chapter or certified by the office of alcoholism  and  substance
    27  abuse  services  pursuant  to this chapter to provide inpatient chemical
    28  dependence services shall provide to the commissioner of the  respective
    29  office  such  financial,  statistical  and  program  information  as the
    30  commissioner may determine to be  necessary.  The  commissioner  of  the
    31  appropriate  office  shall  have  the power to conduct on-site audits of
    32  books and records of such facilities.
    33    (c) The commissioner of the office of mental health, the  commissioner
    34  of the office for people with developmental disabilities and the commis-
    35  sioner  of  the  office of alcoholism and substance abuse services shall
    36  adopt rules  and  regulations  to  effectuate  the  provisions  of  this
    37  section.  Such  rules  and regulations shall include, but not be limited
    38  to, provisions relating to:
    39    (i) the establishment of a uniform statewide  system  of  reports  and
    40  audits  relating  to  the quality of care provided, facility utilization
    41  and costs of providing services; such a  uniform  statewide  system  may
    42  provide  for  appropriate  variation in the application of the system to
    43  different classes or subclasses of facilities licensed by the office  of
    44  mental health pursuant to article thirty-one of this chapter or licensed
    45  or  operated  by  the  office for people with developmental disabilities
    46  pursuant to article sixteen of this chapter, or certified by the  office
    47  of  alcoholism  and substance abuse services pursuant to this chapter to
    48  provide inpatient chemical dependence services; and
    49    (ii) methodologies used in the establishment of the schedules of rates
    50  or fees pursuant to this section provided, however, that the commission-
    51  er of health shall adopt rules and regulations  including  methodologies
    52  developed by him or her for services provided by any facility or program
    53  licensed,  operated  or  approved by the office for people with develop-
    54  mental disabilities; provided, however, that such rules and  regulations
    55  shall  be subject to the approval of the office for people with develop-

        S. 2008--B                         68                         A. 3008--B
 
     1  mental disabilities and shall take into account the policies  and  goals
     2  of such office.
     3    § 4. This act shall take effect immediately.
 
     4                                   PART PP
 
     5    Section  1.  Transportation  assessment  for people with developmental
     6  disabilities and other populations.
     7    (a) The Office for People With Developmental Disabilities  is  author-
     8  ized  to contract with one or more entities, such entities shall be not-
     9  for-profit entities to the extent possible, to conduct an assessment  of
    10  the  mobility  and transportation needs of persons with disabilities and
    11  other special populations including but not limited to  those  receiving
    12  behavioral health services.
    13    (b) The assessment shall include, but not be limited to: the identifi-
    14  cation  of  locally  based  transportation  providers and transportation
    15  systems equipped  to  participate  in  a  possible  pilot  demonstration
    16  program; considerations regarding the availability of public transporta-
    17  tion,  public  safety  concerns,  and duplication of services; reporting
    18  requirements for cost savings and evaluation of whether specialized care
    19  needs are being met; recommendations for the  implementation  of  shared
    20  software  to  enable  entities  to  track  services,  manage costs among
    21  providers, consolidate routes and provide a registry identifying partic-
    22  ipating clients and any specialized care needs that must be met in order
    23  to effectively provide transportation; recommendations for rate  adjust-
    24  ments  or reimbursement changes; and identification of any legal, statu-
    25  tory or regulatory, and funding barriers.
    26    (c) Following the assessment, the contractor shall develop recommenda-
    27  tions regarding a pilot demonstration program to coordinate medical  and
    28  non-medical  transportation  services, maximize funding sources, enhance
    29  community integration and any other related tasks.
    30    (d) During the assessment process and in  developing  its  recommenda-
    31  tions,  the  contractor  shall  consult  with  the office, department of
    32  transportation, department of health, office for the  aging,  office  of
    33  mental  health,  office  of alcoholism and substance abuse services, and
    34  stakeholders including consumer groups, transportation service providers
    35  and transportation systems operators.
    36    (e) The contractor shall report on its assessment and  recommendations
    37  regarding  the  creation of a transportation pilot demonstration program
    38  pursuant to subdivision (a) of this section to the governor, the  tempo-
    39  rary  president  of  the senate and the speaker of the assembly no later
    40  than December 31, 2016. Any transportation pilot  demonstration  program
    41  resulting  from the assessment authorized pursuant to this section shall
    42  be subject to legislative approval.
    43    § 2. This act shall take effect immediately.
 
    44                                   PART QQ
 
    45    Section 1. Residential registration list.  (a) The office  for  people
    46  with  developmental disabilities shall issue a report as a result of its
    47  statewide review of individuals with developmental disabilities current-
    48  ly on the residential registration list, including information regarding
    49  services currently provided  to  such  individuals,  and  any  available
    50  regional  information on priority placement approaches and housing needs
    51  for such individuals. The report shall  include  an  update  as  to  the
    52  progress  the  office has made in meeting the following transformational

        S. 2008--B                         69                         A. 3008--B
 
     1  housing goals as it relates to the individuals with developmental  disa-
     2  bilities currently on the residential registration list:
     3    (1) expanding housing alternatives;
     4    (2) increasing access to rental housing;
     5    (3)  building understanding and awareness of housing options for inde-
     6  pendent living among people with developmental  disabilities,  families,
     7  public  and private organizations, developers and direct support profes-
     8  sionals;
     9    (4) assisting with the creation of a  sustainable  living  environment
    10  through funding for home modifications, down payment assistance and home
    11  repairs; and
    12    (5) providing recommendations that can improve housing alternatives.
    13    (b)  Using data collected during the statewide review required by this
    14  section, the commissioner of the office for  people  with  developmental
    15  disabilities,  in  consultation  with state agencies, local governmental
    16  units, stakeholders, including individuals with developmental  disabili-
    17  ties,  parents and guardians of individuals with developmental disabili-
    18  ties, advocates and providers of services for individuals with  develop-
    19  mental  disabilities,  and  others  as  determined  appropriate  by such
    20  commissioner, shall establish a plan to  increase  housing  alternatives
    21  for  such  individuals.  To  the  extent  possible,  the plan shall also
    22  address the housing needs of individuals not currently on  the  residen-
    23  tial registration list. The plan shall advance the five transformational
    24  housing goals listed in this section.
    25    (c)  The  report  including  the  plan  shall be made available to the
    26  temporary president of the senate and the speaker of  the  assembly  and
    27  posted on the website of the office, no later than February 15, 2016.
    28    §  2.  Development  of  a  plan to provide choice of work settings for
    29  individuals with developmental disabilities. (a) The office  for  people
    30  with  developmental disabilities shall develop a plan to assist individ-
    31  uals currently working in sheltered workshop programs to  transition  to
    32  integrated  community  work  settings,  which  must  be submitted to the
    33  governor, the temporary president of the senate, and the speaker of  the
    34  assembly by February 15, 2016.
    35    (b)  Such  plan  shall  solicit and analyze input from stakeholders of
    36  sheltered workshops, including, but not limited to, individuals current-
    37  ly working in sheltered workshops, providers of workshops, families, and
    38  guardians. The plan shall:
    39    (1) include outreach and education to individuals  with  developmental
    40  disabilities  and  their families or guardians throughout the transition
    41  process;
    42    (2) set forth a detailed analysis of options  available  to  meet  the
    43  needs  and goals of those individuals who currently cannot or choose not
    44  to transition to integrated community work settings;
    45    (3) maximize the ability of an individual to participate in meaningful
    46  community-based activities as part of the  individual's  person-centered
    47  plan; and
    48    (4) provide for ongoing review of employment goals for each individual
    49  as part of the person-centered planning process.
    50    §  3.  Transformation  panel.  (a)  The commissioner of the office for
    51  people with developmental disabilities shall establish a  transformation
    52  panel  for  the  purpose  of developing a transformation plan which will
    53  include  recommendations  and  strategies  for  maintaining  the  fiscal
    54  viability of service and support delivery system for persons with devel-
    55  opmental disabilities and include strategies that will enable the office

        S. 2008--B                         70                         A. 3008--B
 
     1  to  comply  with  federal  and  state  service delivery requirements and
     2  provide appropriate levels of care.
     3    (b) The panel shall be comprised of the commissioner of the office for
     4  people with developmental disabilities or his or her designee; organiza-
     5  tions  or  associations  which  represent  the interests of persons with
     6  disabilities, which may include providers of services,  consumer  repre-
     7  sentatives,  advocacy groups, persons with developmental disabilities or
     8  their parents or guardians; and at the discretion of  such  commissioner
     9  any  other individual, entity, or state agency able to support the panel
    10  in completing its tasks described under this section.  The  panel  shall
    11  collaborate with local governmental units.
    12    (c)  Panel members shall receive no compensation for their services as
    13  members of the workgroup, but may be reimbursed for actual and necessary
    14  expenses incurred in the performance of their duties.
    15    (d) Transformation plan. The panel shall assist in the development  of
    16  a  transformation plan by the commissioner of the office for people with
    17  developmental disabilities, as well  as  make  recommendations  for  the
    18  execution  of  such plan. The plan will include but not be limited to an
    19  analysis of the following:
    20    (1) increasing and supporting access to self-directed models of care;
    21    (2) enhancing opportunities for individuals to access community  inte-
    22  grated housing;
    23    (3) increasing integrated employment opportunities; and
    24    (4)  examining the program design and fiscal model for managed care to
    25  appropriately address the needs of individuals with disabilities.
    26    (e) The commissioner of the office for people with developmental disa-
    27  bilities shall publish and submit a report to the governor,  the  tempo-
    28  rary  president of the senate, and the speaker of the assembly by Febru-
    29  ary 15, 2016.   The office  shall  post  such  report  on  its  official
    30  website. The report shall include a summary of recommendations and stra-
    31  tegies  developed by the panel including any policy, rule, or regulation
    32  change and estimated dates and timeframe to implement any recommendation
    33  or strategy.
    34    §  4.  Office  for  people  with  developmental  disabilities  monthly
    35  reports.  (a)  The  commissioner  of the office for people with develop-
    36  mental disabilities shall provide monthly status reports to  the  chairs
    37  of  the senate and assembly fiscal committees. Such report shall include
    38  but not be limited to:
    39    (1) current developmental center census by facility;
    40    (2) the number of admissions and discharges to  developmental  centers
    41  in the prior month;
    42    (3)  an  explanation  of  any  significant developmental center census
    43  reductions; and
    44    (4) community services provided to individuals  leaving  developmental
    45  centers,  including  services provided to individuals with complex needs
    46  as well as the number of individuals receiving community  services  from
    47  state and from not-for-profit providers.
    48    (b)  Such  report  shall not contain any information made confidential
    49  under federal and/or state law.
    50    § 5. The front door process. (a) The commissioner of  the  office  for
    51  people  with  developmental  disabilities  shall  make  available on the
    52  office website, information regarding the front door process,  including
    53  the  approach  for  determining  priority residential placements and the
    54  process for individuals to seek access to services.
    55    (b) No later than February 15, 2016, the commissioner  of  the  office
    56  for people with developmental disabilities shall report on the extent to

        S. 2008--B                         71                         A. 3008--B
 
     1  which  the  front  door policy, as it has been implemented, has improved
     2  community education and available service options, connected  individual
     3  needs  to available services, and enhanced opportunities for self-direc-
     4  tion.
     5    §  6.  This  act shall take effect immediately and shall be subject to
     6  appropriations made specifically available for this  purpose;  provided,
     7  however that this act shall expire and be deemed repealed April 1, 2016.
 
     8                                   PART RR
 
     9    Section  1.  Section  1867 of the public authorities law is amended by
    10  adding a new subdivision 7 to read as follows:
    11    7. (a) The authority shall submit to the governor, the  chair  of  the
    12  senate  finance  committee, and the chair of the assembly ways and means
    13  committee, and publish on the authority's public website  a  semi-annual
    14  report  for the time period ending March thirty-first no later than June
    15  first and for the time period ending September thirtieth no  later  than
    16  December first of each year detailing the authority's activities for the
    17  previous six month reporting period.
    18    (b)  The semi-annual report required pursuant to paragraph (a) of this
    19  subdivision shall include  information  with  respect  to  all  proceeds
    20  collected  and administered by the authority pursuant to an order of the
    21  public service commission, including assessments,  fees,  taxes,  trans-
    22  fers,  corporate  income  or  surcharges  imposed on energy consumers or
    23  power generators. The semi-annual report shall include,  at  a  minimum,
    24  the following:
    25    1. total revenues collected by the authority in the reporting period;
    26    2.  a  list of requests for proposals, program opportunity notices, or
    27  similar solicitations, that have been issued in the reporting period;
    28    3. a description of the criteria and standards utilized for awarding a
    29  request for proposal, a program opportunity notice, or similar solicita-
    30  tion;
    31    4. a regional report on all  projects  selected  for  funding  by  the
    32  authority  during the reporting period, including the county and utility
    33  service territory in which the project is located, and the  total  value
    34  of these projects statewide and by region;
    35    5. all disbursements or expenditures of revenues pursuant to a request
    36  for proposal, a program opportunity notice, or similar solicitation; and
    37    6. a list of all contracts executed and completed during the reporting
    38  period including a description of each project.
    39    (c)  The  president and chief executive officer of the authority shall
    40  provide notice to the director of the division of the budget, the chair-
    41  man of the senate finance committee and the  chairman  of  the  assembly
    42  ways  and  means  committee  of  any report that is more than sixty days
    43  delinquent. Should the authority be delinquent in submitting its  report
    44  by  more than one hundred eighty days, the president and chief executive
    45  officer shall provide notice of such delinquency to the director of  the
    46  division  of  the  budget, the chairman of the senate finance committee,
    47  the chairman of the assembly ways and means  committee,  and  the  state
    48  comptroller.
    49    (d)  Reporting  requirements.  The information for the report required
    50  under this subdivision shall be current to  within  sixty  days  of  the
    51  actual release of the report.
    52    §  2.  This  act shall take effect immediately; provided, however, the
    53  first semi-annual report required by this act shall be submitted by  the

        S. 2008--B                         72                         A. 3008--B
 
     1  New  York state energy research and development authority on December 1,
     2  2015.
 
     3                                   PART SS
 
     4    Section 1. 1. No later than six months following the effective date of
     5  this act, the New York state energy and research and development author-
     6  ity  ("authority")  shall  develop  standards  and/or criteria that will
     7  encourage and increase participation of and issuance of loans to low-to-
     8  moderate income households statewide  for  qualified  energy  efficiency
     9  services  under the green jobs - green New York program. For purposes of
    10  this section, "low-to-moderate income households" shall  be  defined  as
    11  households  with  an  income less than or equal to eighty percent of the
    12  area median income.
    13    2. No later than thirty days following the effective date of this act,
    14  the authority shall convene a working group  to  develop  the  standards
    15  and/or  criteria  required  pursuant to subdivision one of this section.
    16  The working group shall include individual representatives of the const-
    17  ituency-based organizations as defined in subdivision 3 of section  1891
    18  of  the  public  authorities  law.  The authority shall consult with and
    19  solicit information and recommendations from the working group as to how
    20  to increase participation  and  issuance  of  loans  to  low-to-moderate
    21  income households seeking qualified energy efficiency services including
    22  services described in paragraph (n) of subdivision 12 of section 1891 of
    23  the public authorities law.
    24    3.  No later than six months following the effective date of this act,
    25  the authority shall report the results of consultations with and  solic-
    26  itations of the working group to the governor, the senate majority lead-
    27  er and the speaker of the assembly.
    28    4.  The  authority  shall  continue  to  offer  financing, pursuant to
    29  section 1896 of the public authorities law, through  the  green  jobs  -
    30  green  New  York program for qualified energy efficiency services to all
    31  classes and types of persons and entities which were eligible  to  apply
    32  for the program prior to January 1, 2015 through March 31, 2016.
    33    5. No later than thirty days following the effective date of this act,
    34  the  authority shall provide a report to the executive, temporary presi-
    35  dent of the senate, speaker of the assembly, the  chair  of  the  senate
    36  committee on energy and telecommunications and the chair of the assemble
    37  committee  on  energy regarding the financial status of the green jobs -
    38  green New York program. The report required under this subdivision shall
    39  detail the current fund balance, total expenditures, and encumbered  and
    40  committed funds since the program's inception.
    41    § 2. This act shall take effect immediately.
    42    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    43  sion,  section  or  part  of  this act shall be adjudged by any court of
    44  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    45  impair,  or  invalidate  the remainder thereof, but shall be confined in
    46  its operation to the clause, sentence, paragraph,  subdivision,  section
    47  or part thereof directly involved in the controversy in which such judg-
    48  ment shall have been rendered. It is hereby declared to be the intent of
    49  the  legislature  that  this  act  would  have been enacted even if such
    50  invalid provisions had not been included herein.
    51    § 3. This act shall take effect immediately  provided,  however,  that
    52  the applicable effective date of Parts A through SS of this act shall be
    53  as specifically set forth in the last section of such Parts.
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