A03008 Summary:

BILL NO    A03008 

SAME AS    SAME AS UNI. S02008

SPONSOR    Budget

COSPNSR    

MLTSPNSR   

Amd Various Laws, generally

Relates to the effectiveness of certain provisions of law relating to motor
vehicle fees and the payment of department of motor vehicle costs; relates to
decreasing the state responsibility for certain costs incurred by the NYS
thruway authority; relates to toll collections, regulations and violations;
relates to expanding the definition of authorized state entity and increases
the threshold amounts for projects utilizing design-build contracts; relates to
fees and charges for inspection or re-inspection of vehicles; provides that
such fees be deposited into the dedicated highways and bridges trust fund;
relates to mass transportation payments; authorizes payments to Oneida county;
includes Ontario county to the Rochester-Genesee Regional Transportation
District; creates the transit assistance for capital investments fund; relates
to deferring reductions in service payments to certain public transportation
systems; authorizes shared services agreements between the department of
transportation and the thruway authority; relates to permits for overweight
vehicles; relates to the issuance of commercial learner's permits; relates to
the disqualification of commercial driver's licenses and commercial learner's
permits; relates to procurements by the New York city transit authority and the
metropolitan transportation authority; relates to eliminating certain fees
charged for an apartment information license; eliminates certain license fees
imposed by the department of agriculture and markets; extends the expiration of
provisions relating to the state urban development corporation's participation
in the economic development fund; extends the expiration of provisions
authorizing the state urban development corporation to make loans for projects;
authorizes the New York state energy research and development authority to make
a payment to the general fund; authorizes the 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; extends certain provisions relating to the minority-
and women-owned business enterprise disparity study; authorizes the department
of health to finance certain activities with revenue generated from an
assessment on cable television companies; extends certain authority of the
dormitory authority to enter into certain design and construction management
agreements; relates 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; relates to restructuring
bonds; relates to license fees and surcharges for the transfer of petroleum
between vessels, between facilities and vessels, and between facilities,
whether onshore or offshore; increases the operating permit program fees for
sources subject to the federal Clean Air Act, state air quality control fees
and state pollutant discharge elimination system program fees; relates to
eliminating the fifteen dollar registration fee for water well driller
certification in New York state; establishes the habitat conservation and
access account; establishes a ten year period of probable usefulness for
municipally owned omnibus or surface transit motor vehicles.
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A03008 Actions:

BILL NO    A03008 

01/21/2015 referred to ways and means
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A03008 Votes:

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

BILL NUMBER:A3008

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 permanently authorizing payment of department
of  motor  vehicle  costs  from the dedicated highway and bridge trust
fund (Part A); to amend the infrastructure investment act, in relation
to expanding the definition of authorized state entity and  increasing
the  threshold  amounts  for projects utilizing design-build contracts
(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 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);  to  amend  the  vehicle  and  traffic  law, in relation to
overweight permits (Part H); to amend the vehicle and traffic law, the
criminal procedure law and the transportation law, in relation to  the
issuance  of  commercial learner's permits and the disqualification of
commercial driver's licenses and commercial  learner's  permits  (Part
I);  to  amend public authorities law, in relation to decreasing state
responsibility for certain  costs  incurred  by  the  New  York  state
thruway  authority  (Part  J); to amend the public authorities law, in
relation to toll collection regulations; to amend the public  officers
law,  in  relation  to  electronic  toll collection data; to amend the
vehicle and traffic law, in relation to liability  of  vehicle  owners
for  toll  collection violations; and to amend chapter 774 of the laws
of 1950, relating to agreeing  with  the  state  of  New  Jersey  with
respect  to  rules  and  regulations  governing  traffic  on vehicular
crossings operated by the port of New York authority, in  relation  to
tolls and other charges (Part K); to amend the public authorities law,
in relation to procurements by the New York city transit authority and
the  metropolitan  transportation authority (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 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 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
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 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
agriculture 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 (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); to amend the environmental conservation
law, in relation to eliminating the registration fee  for  water  well
driller certification (Part Z); to amend the state finance law and the
environmental  conservation law, in relation to establishing a habitat
conservation and access account; and to repeal certain  provisions  of
the  state  finance  law  relating thereto (Part AA); and to amend the
local finance law, in relation to establishing a ten  year  period  of
probable  usefulness  for municipally owned omnibus or surface transit
motor vehicles (Part BB)

PURPOSE:

This bill contains provisions needed to implement the  Transportation,
Economic  Development  and  Environmental Conservation portions of the
2015-16 Executive Budget.

This memorandum describes Parts  A  through  BB  the  bill  which  are
described wholly within the parts listed below.

Part  A  -  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

Purpose:


This  bill  would  permanently  extend  the authorizations for: 1) the
Dedicated Highway and Bridge Trust Fund  (DHBTF)  and  Dedicated  Mass
Transportation  Trust  Fund  (DMTTF)  to  receive  approximately  $235
million annually of Department  of  Motor  Vehicles  (DMV)  and  other
revenues;  and  2)  the  DHBTF  to  continue to disburse funds for the
expenses of the DMV.

Summary of Provisions and Statement in Support:

This bill would permanently extend authority for  the  DHBTF  and  the
DMTTF  to continue to receive various DMV and other revenues that were
initially increased and directed to the DHBTF and DMTTF  in  2003  and
2005,  and  most recently in 2009, to extend to 2015. This bill amends
Section 13 of Part U1 of Chapter 62 of the Laws of 2003,  as  amended,
to  extend  authority to receive these revenues. Absent this extender,
the DHBTF and DMTTF could lose $235 million in annual revenues.

The bill would also permanently extend  authority  for  the  DHBTF  to
continue  to  fund  DMV operations, which began in 2002. This was also
most recently extended in 2009 to 2015. This bill amends Section 2  of
Part  B  of Chapter 84 of the Laws of 2002, as amended, to extend this
ability to pay for DMV expenses.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget to permanently extend the dedication of certain revenues to the
DHBTF and the DMTTF, as well as extend the authorization to  fund  DMV
from the DHBTF.

Effective Date:

This bill would take effect immediately.

Part  B - Make the Infrastructure Investment Act permanent, expand the
definition of authorized state entity, and increase threshold  amounts
for projects utilizing design-build contracts

Purpose:

This  bill  would  make permanent the provisions of the Infrastructure
Investment Act of 2011 (the Act) and would expand  the  definition  of
authorized  State  entity.  In  addition,  the  threshold  amounts for
projects utilizing design-build contracts would be increased.

Summary of Provisions and Statement in Support:

This bill would expand the provisions of the Act to enable  all  State
agencies and public authorities to award a contract to a single entity
for  both  the  design  and  construction  (design-build) aspects of a
project  in  order  to  optimize  quality,  cost  and  efficiency.  In
addition, the threshold for projects utilizing a design-build contract
would  be  increased from a minimum of $1.2 million to a minimum of $5
million. Projects in excess  of  $50  million  would  be  required  to
prepare a project labor agreement feasibility study.


Since  2011, the Act has been used by the Department of Transportation
to procure eleven contracts for  bridge  and  deck  replacements,  and
highway,  bridge  and  rail station rehabilitation that resulted in 40
projects  totaling  $858  million.  The  Thruway  Authority  used  the
design-build procurement process for the $3.9 billion contract for the
New  NY  Bridge,  replacing  the  Tappan  Zee  Bridge,  and the Bridge
Authority awarded a $549,000  project  to  replace  HVAC  and  perform
asbestos  abatement  on  two  buildings  at  their  Mid-Hudson  Bridge
facility.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget because the Infrastructure Investment Act  allows  agencies  to
award  a  design  and  construction  contract to a single entity for a
project to optimize cost, quality and efficiency.

Effective Date:

This bill would take effect immediately.

Part C - Repeal the Intrastate Authority Application Fee and authorize
the Department of Transportation to charge safety inspection fees  for
certain types of vehicles

Purpose:

This  bill  would  repeal  the  Intrastate  Authority Application fee.
Additionally,   the   bill   would   authorize   the   Department   of
Transportation  (DOT)  to  charge  safety  inspection fees for certain
types of for-hire/for-profit passenger vehicles.

Summary of Provisions and Statement in Support:

Section 144 of Transportation Law would be repealed to  eliminate  the
Intrastate  Authority  Application  fee  for  carriers  of passengers,
property and household goods by motor vehicles.  By  eliminating  this
one-time  $50  fee  paid  by new trucking companies, movers, ambulette
providers and charter bus operators, a total of $40,000 will be  saved
annually  by  these operators beginning in FY 2016. Sections 153, 154,
155, 156, 173, 174, 175, 177, 192, 193 and 195 would also  be  amended
to remove the reference to the application fee.

A  new  Section  144 of Transportation Law would be added to authorize
DOT to charge for vehicle safety inspection fees to privately operated
for-hire/for-profit passenger carriers for each inspection  conducted.
Vehicles   used  for  school  transportation  or  public  transit  are
excluded. A new $100 fee would  be  charged  to  ambulette  providers,
motor  coach operators and companies with private transit vans, double
decker buses, limos and airport service vehicles for  each  inspection
conducted.  The  annualized  revenue  collected  of $3.5 million would
defray DOT's costs to conduct inspections.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget to eliminate a burdensome fee that generates  minimal  revenue.


Additionally,  a  new  fee will be charged to defray the Department of
Transportation's costs of maintaining the  vehicle  safety  inspection
program.

Effective Date:

This bill would take effect immediately.

Part  D  -  Include  the  Ontario  County  transit  system  within the
Rochester-Genesee Regional Transportation Authority district

Purpose:

This  bill  would  add  the  Ontario  County  transit  system  to  the
Rochester-Genesee  Regional Transportation Authority (RGRTA) district,
and thereby allow RGRTA to  receive  allocations  from  State  Transit
Operating Assistance (STOA) associated with the Ontario County transit
system.

Summary of Provisions and Statement in Support:

In  August  of 2014, RGRTA assumed transit services in Ontario County,
but was not eligible  to  receive  STOA  funds  associated  with  this
increased cost. This bill would allow RGRTA to receive essential State
assistance for transit services in Ontario County.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget  because  STOA  funding  is  intended  to provide state transit
operating aid to each provider within a transit  district.  Since  the
takeover  of  Ontario  County services, RGRTA has not yet been able to
receive this assistance.

Effective Date:

This bill would take effect April 1, 2015.

Part E - Create the Transit Assistance for Capital Investments Fund

Purpose:

This bill would establish the Downstate Capital  Account  for  capital
expenses  of  both  the Metropolitan Transportation Authority (MTA) as
well as non-MTA transit systems.

Summary of Provisions and Statement in Support:

Surplus operating aid available to MTA and non-MTA  downstate  systems
will  be in part allocated to this new capital account. Funding in the
first year for this account will total $121.5 million.

These funds will be available for capital expenses of the MTA and  the
non-MTA downstate transit systems for capital purposes, including, but
not    limited   to   the   reconstruction,   replacement,   purchase,
modernization,   improvement,   reconditioning,    preservation    and


maintenance  of  mass  transit facilities, vehicles and rolling stock,
pursuant to the operating aid allocation formula.

Budget Implications:

Enactment  of  this  bill  is  necessary  to implement portions of the
2015-16  Executive  Budget  related   to   transit   capital   project
expenditures.

Effective Date:

This bill would take effect immediately.

Part  F  -  Authorize the Commissioner of Transportation to extend the
"hold-harmless"  provision  of  the  Statewide   Mass   Transportation
Operating Assistance program for one additional year

Purpose:

This  bill  would  extend  the  provisions  implemented  in FY 2015 to
provide  a  "hold-harmless"  for  all  recipients  of  Statewide  Mass
Transportation  Operating  Assistance  (STOA)  funding, in relation to
changes in Medicaid reimbursement requirements.

Summary of Provisions and Statement in Support:

The  recommended  change  supports  the  transition  of  Non-Emergency
Medical     Transportation     (NEMT)     trip     assignment     from
municipally-sponsored upstate  Demand  Response  and  Route  Deviation
public  transportation  systems  to  regionally-administered  Medicaid
Transportation Management Services.

Demand Response and Route Deviation services  support  individuals  in
rural  areas  or  areas  of  lower  passenger  demands where regularly
scheduled public transportation  service  may  not  be  viable.  These
services  also  support individuals who, because of their temporary or
permanent disability, may be unable  to  independently  use  regularly
scheduled, accessible buses.

This transitional assistance is part of a longer-term statewide effort
underway   between  State  agencies  to  ensure  the  coordination  of
Medicaid-related transportation with other State and  community  based
transportation services.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget in order to offset the immediate impact of Medicaid redesign on
operating assistance to upstate public transportation systems.

Effective Date:

This bill would take effect April 1, 2014.

Part  G  - 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


Purpose:

This  bill  would  allow for mutual aid and shared services agreements
between the Department  of  Transportation  and  the  New  York  State
Thruway Authority.

Summary of Provisions and Statement in Support:

This  bill  would authorize the Department of Transportation (DOT) and
the  New  York  State  Thruway  Authority  (Thruway)  to  enter   into
agreements  to  provide  mutual  aid through the sharing of employees,
services and resources  where  appropriate.  The  bill  would  provide
indemnification  for  all  claims, damages and liabilities and clarify
the definition of employee as  it  relates  to  workers'  compensation
claims or other settlements.

This  will  enable DOT and the Thruway to achieve greater efficiencies
in  the  funding  and  operation  of  certain  governmental  functions
provided by the two entities.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget  in order to allow the Department of Transportation and the New
York State Thruway Authority to enter into shared service agreements.

Effective Date:

This bill takes effect immediately.

Part H - Eliminate  the  requirement  for  registrants  of  overweight
vehicles   to  amend  their  registration  after  having  received  an
overweight permit from the NYS Department of Transportation

Purpose:

This bill would eliminate  the  need  for  registrants  of  overweight
vehicles  to  make  a  second  visit to a Department of Motor Vehicles
(DMV) office to amend their  registration  after  having  received  an
overweight permit from the NYS Department of Transportation (DOT).

Summary of Provisions and Statement in Support:

Current  law  requires  commercial  carriers operating vehicles with a
maximum gross weight in excess of  80,000  pounds  to  first  register
their  vehicle  at  80,000 pounds with DMV, then to apply to DOT for a
temporary overweight permit, and then to return to DMV  to  obtain  an
amended  registration  that reflects the total allowed weight for that
vehicle as identified on the DOT permit. The carrier must then go back
to the DOT to receive a permanent overweight permit.

DMV estimates  that  approximately  3,500  carriers  enrolled  in  the
International  Registration  Plan (IRP) and 50,000 non-IRP registrants
currently go through this  multistep  process.  These  customers  must
return  to the IRP office in Albany or to a DMV issuing office to have
their registrations corrected. This is a time  consuming  process  for
both the customer and for DMV staff.


The bill would streamline this registration process by eliminating the
need  for the registrants of such vehicles to make an additional visit
to a DMV office to correct the registration after  having  received  a
DOT  overweight  permit. This bill will benefit commercial carriers by
saving  them the time and cost of having to make another trip to a DMV
office to have their registration document corrected.

Budget Implications:

Registrants returning to DMV to correct a registration are  charged  a
$2.00  amendment  fee. If these customers do not have to return to DMV
after going to NYSDOT,  DMV  will  lose  the  $2.00  per  registration
amendment totaling about $107,000 in registration fees. However, these
lost  revenues  are  offset by reduced DMV staff processing costs that
would otherwise result from multiple office visits.

Effective Date:

The bill would take effect 90 days after receiving Executive approval.

Part I - Bring New York State into compliance with federal regulations
regarding commercial learners' permits

Purpose:

This bill would align New York State  law  with  federal  requirements
regarding commercial learners' permits.

Summary of Provisions and Statement in Support:

On  May  9,  2011,  the  Federal  Motor  Carrier Safety Administration
adopted a final rule regarding the issuance  of  commercial  learners'
permits.

This  bill  would conform State law with federal regulations regarding
commercial learners' permits  related  to  record  retention  periods,
medical  certifications,  periods  of  validity and renewal, mandatory
revocations and suspensions, disqualifications  and  downgrading,  and
employer responsibilities.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget  because  if  not in compliance with federal funding, the State
will lose up to $43 million in federal highway funding.

Effective Date:

The bill would take effect on July 8, 2015.

Part J - Reduce funding for State  expenses  previously  paid  by  the
Thruway Authority

Purpose:

This   bill  would  reduce  a  $24  million  authorization  for  State
operations support to  the  Thruway  Authority  by  $2.5  million,  in


anticipation  of  management  improvements  and  cost  savings  at the
Authority.

Summary of Provisions and Statement in Support:

The  provisions  of  this bill would amend Section 357-a of the Public
Authorities Law to authorize the State  to  assume  $21.5  million  in
annual Thruway operating costs incurred on its behalf, as specified in
an  agreement  between the Thruway and the director of the Division of
the Budget, rather than the  $24  million  as  per  the  original  law
enacted in 2013.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget  by  allowing the State to share in management improvements and
cost savings at the Thruway.

Effective Date:

This bill would take effect immediately and shall be  deemed  to  have
been in full force and effect on and after January 1, 2015.

Part  K  - Increase fines and penalties for toll evasion on all roads,
bridges and tunnels operated by public authorities

Purpose:

This bill intends to capture  revenue  lost  to  all  tolling  systems
through  toll evasion across the State. The bill will help ensure that
the proper tolls are collected by increasing  the  monetary  penalties
and  other  consequences  of toll evasion and streamlining enforcement
procedures.

Summary of Provisions and Statement in Support:

This bill  allows  public  authorities  that  operate  toll  highways,
bridges,  and  tunnels to prosecute those who evade tolls, and thereby
cost these systems revenue. The bill sets  forth  penalties  for  toll
evasion as follows:

* first violation, no more than $100 (currently $50) or twice the toll
evaded, whichever is greater;

*  second  violation,  both  within eighteen months, no more than $200
(currently $100) or five times the toll evaded, whichever is  greater,
and

*  third  or subsequent violation thereof, all within eighteen months,
no more than $300 dollars (currently  $150)  or  ten  times  the  toll
evaded, whichever is greater.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget  as  it  allows  public authorities that collect tolls on their


facilities to receive revenues and increased penalties associated with
toll evasion.

Effective Date:

This  bill  take  would  take  effect on the one hundred twentieth day
after it shall have become a law.

Part L - Extend for  four  years  various  procurement  rules  of  the
Metropolitan  Transportation  Authority, and the New York City Transit
Authority

Purpose:

This bill  would  extend  for  four  years  statutes  that  allow  the
Metropolitan  Transportation  Authority  (MTA)  and  the New York City
Transit Authority (NYCT) to procure goods and services  in  ways  that
save  time and money and allow NYCT to consider, in certain cases, New
York State-content when procuring subway cars.

Summary of Provisions and Statement in Support:

This bill extends the sunset  dates  for  Public  Authorities  Law
1265-a  and  1209,  thereby permitting MTA and NYCT to continue to use
procurement methods, such as competitive Request for Proposals  (RFP),
to  procuring  systems  and  construction  contracts. MTA and NYCT use
competitive RFPs on a large scale.  RFPs  incorporate  new  technology
such   as   rolling   stock,  communications,  signaling  systems  and
communication based train control.  Continuing  innovations  in  these
fields  require  the  flexibility  provided by competitive negotiation
that is not available through sealed bidding.

This extension will maintain the existing threshold  above  which  MTA
and  NYCT  must  solicit purchases via sealed bids at $15,000. If this
law  were  not  extended,  the  threshold  would  revert  to  $10,000.
Permitting  the  threshold  to  be reduced would delay certain MTA and
NYCT procurements due to the additional administrative requirements of
procuring by sealed bid.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget as RFP procurement methods are vital to the  implementation  of
the 2015-2019 capital program.

Effective Date:

This bill would take effect immediately.

Part  M  -  Extend  the  authorization  of  the  New  York State Urban
Development  Corporation  to  administer  the  Empire  State  Economic
Development Fund

Purpose:


This  bill  would extend the authorization of the New York State Urban
Development Corporation (UDC) to administer the Empire State  Economic
Development Fund (EDF) for an additional year.

Summary of Provisions and Statement in Support:

Section  16-m  of  the  UDC  Act  authorizes  UDC to provide financial
assistance through  the  EDF.  This  authorization  has  been  renewed
annually since 2012 and is currently set to expire on July 1, 2015.

The bill would provide for the smooth administration of the EDF, UDC's
primary  economic development program. Extending the sunset date until
July 1, 2016 will permit UDC to fulfill prior commitments made through
the EDF and to make new assistance available to businesses  and  other
stakeholders throughout the State without interruption.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget,  which  includes  new  appropriations  and reappropriations to
support the EDF.

Effective Date:

This bill would take effect immediately.

Part N - Extend the general loan powers of the New  York  State  Urban
Development Corporation

Purpose:

This  bill  would extend the general loan powers of the New York State
Urban Development Corporation (UDC) for an additional year.

Summary of Provisions and Statement in Support:

Chapter 393 of the Laws of 1994 provides UDC with the general power to
make loans. This authorization has been renewed  annually  since  1997
and is currently set to expire on July 1, 2015.

Absent  enactment  of  this bill, UDC will be authorized to make loans
only in connection  with  certain  State-funded  economic  development
programs that grant statutory loan authorization.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget,   which   assumes  that  UDC  will  provide  certain  economic
development assistance through loans. Absent this legislation, the UDC
could not fund approved loans made through economic  programs  lacking
specific statutory authorization.

Effective Date:

This bill would take effect April 1, 2015.


Part  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

Purpose:

This  bill  would  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
(NYSERDA).

Statement in Support, Summary of Provisions:

This bill would authorize and direct the Comptroller  to  receive  for
deposit  to the credit of the General Fund a payment of up to $913,000
from NYSERDA from unrestricted corporate funds. The $913,000  transfer
would  help  offset New York State's debt service requirements related
to the Western New York Nuclear Service Center (West Valley).  Chapter
57 of the Laws of 2014 provided a similar one year authorization.

Budget Implications:

The  $913,000  transfer authorized by this legislation is necessary to
implement the 2015-16 Executive Budget and State Financial Plan.

Effective Date:

This bill would take effect immediately.

Part P - 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

Purpose:

This bill would authorize the  New  York  State  Energy  Research  and
Development Authority (NYSERDA) to obtain revenue for certain programs
from a special assessment on gas and electric corporations.

Statement in Support, Summary of Provisions:

The  bill would authorize NYSERDA to finance its research, development
and demonstration program, policy and planning program,  and  Fuel  NY
program, and to finance the Department of Environmental Conservation's
(DEC)  climate  change  program,  from  a  special  assessment  on gas
corporations and electric corporations. This special assessment is  in
addition  to  the  assessment under Section 18-a of the Public Service
Law which the Department of Public Service is authorized to assess gas
and electric corporations for expenses related to administering Public
Service Law programs A similar bill has been proposed annually  as  an
Article VII provision, and was last enacted as Part K of Chapter 57 of
the  Laws  of  2014. Without this authorization, NYSERDA and DEC could
not continue to implement necessary  programs  in  the  2015-16  State
Fiscal Year.


Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget  because  it  would  authorize  collection  of an amount not to
exceed $19.7  million  in  assessments  to  fund  NYSERDA's  research,
development  and  demonstration, and policy and planning programs, and
DEC's climate change program.

Effective Date:

This bill would take effect immediately.

Part Q - Extend the authorization for  the  Minority  and  Women-owned
Business Enterprise statutes and the due date of the Disparity Study

Purpose:

This  bill would extend for one year the authorization of Article 15-A
of the Executive Law and the due date of the Minority and  Women-owned
Business Enterprise (MWBE) Disparity Study.

Summary of Provisions and Statement in Support

Article  15-A,  Section  312-a  of  the  Executive  Law authorizes the
Department  of  Economic  Development's  Division  of   Minority   and
Women-owned   Business   Development  to  conduct  a  Disparity  Study
regarding the participation of MWBEs in State contracts. In  order  to
complete  a  legally  defensible study, this bill would extend the due
date of the Disparity Study  by  one  year.  In  connection  with  the
extension of the due date of the Disparity Study, this bill would also
extend  the  sunset  for  the  authorization  of  Article  15-A of the
Executive Law by one year.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget, which includes reappropriations to support the MWBE  Disparity
Study.

Effective Date:

This bill would take effect immediately.

Part  R  -  Authorize  the  Department  of  Health  to finance certain
activities  with  revenues  generated  from  an  assessment  on  cable
television companies

Purpose:

This  bill  would  authorize the Department of Health (DOH) to finance
public service education activities with revenues  generated  from  an
assessment on cable television companies.

Statement in Support, Summary of Provisions:

The  bill  would  authorize  certain  expenditures  of DOH as eligible
expenses of the Department of Public Service (DPS). Section 217 of the


Public Service Law authorizes DPS to assess cable television companies
for DPS costs associated  with  the  regulation  of  cable  television
companies.  This  Article  VII  bill  would  make  DOH  public service
education  expenses  that  are  charged  to  the special revenue cable
television account eligible for these funds. Chapter 57 of the Laws of
2014 provided similar authorization for State Fiscal Year 2014-15.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget  which  presumes  the  recovery  of  public  service  education
expenses incurred by DOH.

Effective Date:

This bill would take effect immediately.

Part  S  - Extend the authorization for the Dormitory Authority of the
State of New York  to  enter  into  certain  design  and  construction
management agreements

Purpose:

This  bill  would  extend for two years the authority of the Dormitory
Authority of the State of New York (DASNY) to enter into a design  and
construction management agreement with the Department of Environmental
Conservation  (DEC)  and  the Office of Parks, Recreation and Historic
Preservation (OPRHP).

Summary of Provisions and Statement in Support:

Currently, DASNY is authorized to  enter  into  management  agreements
with  DEC  and OPRHP to provide design and construction services. This
bill would extend the sunset for the authorization from April 1,  2015
to April 1, 2017.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget,  portions  of  which  appropriate funding to DEC and Parks for
capital purposes requiring DASNY services.

Effective Date:

This bill would take effect immediately.

Part T - Extend for one year the authority of the Secretary  of  State
to charge increased fees for expedited handling of documents

Purpose:

This  bill  would extend for one year provisions of law permitting the
Secretary of State to charge increased fees for the expedited handling
of documents issued by or requested from the Department's Division  of
Corporations.  The increased fees for expedited handling are necessary
to reimburse the Department  of  State  for  increased  administrative
costs associated with expedited handling.


Statement in Support, Summary of Provisions:

The  Executive  Law  currently  authorizing  the Secretary of State to
charge increased fees for expedited  handling  expires  on  March  31,
2015.  Historically,  this  statute  has  been  extended  annually  to
coincide with the enactment of the Budget.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget. The 2015-16 Executive Budget assumes that  expedited  handling
fees  will  be  enacted  since  the  costs  associated  with expedited
handling are greater than traditional requests Failure to  enact  this
legislation will result in annual revenue losses of approximately $4.5
million,  forcing  the Department to bear the additional costs related
to expedited services without supporting revenues.

Effective Date:

This bill would take effect immediately.

Part U  -  Eliminate  the  fee  associated  with  licensing  apartment
information vendors/sharing agents

Purpose:

This  bill  would  eliminate  the fee associated with the licensure of
apartment information vendors and sharing agents.

Summary of Provisions and Statement in Support:

An apartment information vendor is any person who collects an  advance
fee  from a customer in exchange for furnishing information concerning
the location and availability of properties. A sharing agent, however,
is a person who facilitates a meeting of  an  owner  of  an  available
property  with  a  potential  customer.  In  2014,  there were only 19
licensees registered through the Department  of  State's  Division  of
Licensing.  Repealing this fee would ease the burden on New York State
vendors.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget because this fee is part of an overall proposal  to  repeal  59
other  "nuisance"  fees,  which  would save taxpayers approximately $3
million annually while retaining the necessary licensing  requirements
associated  with  the  fee. Annual revenue losses to the Department of
State related to this fee total approximately $9,000.

Effective Date:

This bill would take effect immediately.

Part V - Repeal nuisance fees  and  restructure  license  periods  for
certain  licenses  administered  by  the Department of Agriculture and
Markets


Purpose:

This  bill  would  eliminate  nuisance  license  fees  and restructure
license periods associated with certain programs administered  by  the
Department of Agriculture and Markets (DAM) to minimize burdens on the
Department and regulated persons.

Summary of Provisions and Statement in Support:

This bill would eliminate fees associated with DAM's administration of
seven  licenses  (Food  Salvager, Refrigerated Warehouse and/or Locker
Plant, Disposal  Plant  or  Transportation  Service,  Commercial  Feed
Manufacturer;   Agricultural   Liming   Materials,   Soil   and  Plant
Inoculants, and Farm  Products  Dealer)  which  generate  very  little
revenue.  DAM would continue to license and inspect these persons, but
the corresponding fees would  be  eliminated.  This  bill  would  also
restructure the license period for two licenses (Commercial Fertilizer
and  Retail  Food  Stores) to minimize the burden on DAM and regulated
persons.

The collection of the license fees for the  seven  licenses  generates
little  revenue  for  DAM; therefore, the elimination of the fee would
not impact DAM's overall mission and core functions.  The  elimination
of  these  fees as well as the restructuring of certain licenses would
provide relief to applicants and licensees and create a more  business
friendly environment in the State.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget.  While  this  bill  would  have  little  State  fiscal impact,
eliminating these nuisance fees charged by DAM would save New  Yorkers
approximately $30,000 annually beginning in FY 2015-16.

Effective Date:

This bill would take effect immediately.

Part W - Reduce the cost of Long Island Power Authority's debt

Purpose:

This  bill would amend Part B of Chapter 173 of the Laws of 2013 as it
relates to the issuance of securitized restructuring bonds by the Long
Island Power Authority (LIPA), to permit the  issuance  of  additional
securitized restructuring bonds.

Statement  in  Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

In  2013,  the  LIPA  Reform  Act  authorized  a  single  issuance  of
securitized  restructuring  bonds by LIPA. LIPA has approximately $7.5
billion of outstanding debt, including $2 billion of  debt  issued  in
December 2013 by the Utility Debt Securitization Authority (UDSA) that
refinanced  LIPA  bonds  at a lower cost which led to direct ratepayer
savings LIPA has up to $2.5 billion of additional bonds  that  may  be
refinanced for savings using securitization bonds by 2016.


This  bill  would  remove  the  provision in the LIPA Reform Act which
prohibits more than one issuance of  restructuring  bonds,  and  would
limit  the  aggregate  principal  amount  of outstanding restructuring
bonds at any time to $4.5 billion This bill would also create a second
UDSA  to  be  utilized  only  if  it  is determined that higher credit
ratings, and thus  increased  ratepayer  savings,  would  be  achieved
through its use.

If additional securitization bonds were authorized to be issued by the
UDSA,  these  bonds  would  have  the highest credit ratings and would
reduce the interest paid on LIPA's debt, thereby lowering the cost  of
electric  utility  service  from  what  would  otherwise  be  in place
starting in 2016.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget. Without this legislation, LIPA would not be  able  to  achieve
savings  from the lower cost of securitization debt that is authorized
by this bill in its three year rate plan for 2016, 2017 and 2018.

Effective Date:

This bill would take effect immediately.

Part X - 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

Purpose:

This bill  would  increase  license  fees  and  surcharges  for  major
petroleum   storage   facilities   and  authorize  the  Department  of
Environmental  Conservation  (DEC)  to  administer  the  Environmental
Protection and Spill Compensation Fund (Spill Fund).

Summary of Provisions and Statement in Support:

In recent years, the volume of crude oil being transported through New
York  by  trains and vessels has increased significantly, resulting in
increased risks of spills, damage to the environment, and  threats  to
public  health  and  safety.  To  increase  New York's capabilities to
properly manage the risks presented by  the  transportation  of  large
amounts  of  petroleum,  resources are needed to fund additional spill
response  staff,  implement  measures  to  prevent  releases,  provide
specialized  training and response equipment and supplies to state and
local responders, develop  contingency  plans,  and  conduct  response
drills and exercises.

This  bill  would  increase  the  per-barrel license fee for major oil
storage facilities (MOSFs) and increase  the  surcharge  on  petroleum
being  transshipped  out-of-state  through MOSFs, to support the Spill
Fund. The bill would also expand the purposes for which the Spill Fund
may be used to include oil spill planning  and  prevention,  training,
drills and equipment, including for local spill response agencies; and


development  of maps and response plans for sensitive environments and
resources Finally, the bill would shift administration  of  the  Spill
Fund  from  the  Office  of  the State Comptroller to DEC, which would
create  administrative  efficiencies and allow additional resources to
be dedicated to spill preparedness and response.

This bill would ensure there is adequate funding to address  potential
spills  and  increased  risks  associated  with  the  high  volume  of
petroleum being transported in the State The bill would  increase  the
license  fee  for MOSFs and the surcharge on barrels of petroleum that
are exported out-of-state, thereby increasing resources to  the  Spill
Fund  while making the total amount of fees and surcharges imposed the
same regardless of  whether  the  petroleum  remains  in-state  or  is
exported.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget. This bill would generate over $9 million in additional revenue
for  the Spill Fund annually, which would be used to support DEC staff
and state and local  training,  equipment,  and  response  activities,
including those necessary to implement Executive Order No.125.

Effective Date:

This  bill  would  take effect immediately; provided, that DEC and the
State Comptroller may have until  October  1,  2015  to  transfer  all
functions  associated  with  the  administration  of the Spill Fund to
allow for an orderly transition of work. Additionally the fee increase
would take effect on September 1, 2015 and would apply to  any  barrel
that is transferred on or after such date.

Part  Y  -  Increase and simplify fees to ensure that sufficient funds
are available for Department  of  Environmental  Conservation  program
management

Purpose:

This bill would increase operating permit program fees for all sources
subject  to the federal Clean Air Act (Title V facilities) and certain
State Pollutant Discharge  Elimination  System  (SPDES)  program  fees
related  to water pollution, and restructure state air quality control
program fees, to  ensure  that  sufficient  funds  are  available  for
Department  of  Environmental  Conservation  (DEC)  pollution  control
programs.

Summary of Provisions and Statement in Support:

For the operating permit program, the bill would establish  an  annual
base  fee  of $2,500 for all Title V facilities, increase per ton fees
on  emissions  of  regulated  air  contaminants,  and  authorize   fee
increases based on the consumer price index.

For the State air quality control program, the bill would simplify the
fee structure by establishing a flat fee structure for persons subject
to  the State air quality control program: $2,500 for a source subject
to state facility permit,  $250  for  a  source  subject  to  a  minor


facility  registration,  and  $2,500  for  a  facility  with any other
operating approval The bill would also authorize fee  increases  based
on the consumer price index.

Finally, for the SPDES program, the bill would increase certain annual
fees and authorize fee increases based on the consumer price index.

Increasing  the  fees associated with these programs would ensure that
DEC has adequate resources to oversee these regulated sources  of  air
and  water  pollution  and  protect  the environment. Further, for the
Title V program,  the  federal  Environmental  Protection  Agency  has
indicated  that  it  is  imperative  that  DEC  increase fees to cover
program expenses. Finally, this bill would establish a more  efficient
way  for DEC to assess annual air regulatory program fees, by aligning
the fee structure for facilities subject  to  the  state  air  quality
control  program  with  the  manner  in  which  these  facilities  are
regulated.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget because it would provide $8  million  in  revenues  to  support
critical DEC pollution control programs.

Effective Date:

This  bill  would take effect immediately and shall apply to all bills
issued on and after January 1, 2015.

Part Z - Repeal a nuisance fee  associated  with  water  well  driller
registrations   administered   by   the  Department  of  Environmental
Conservation

Purpose:

This  bill  would  repeal  the  fee  assessed  by  the  Department  of
Environmental Conservation (DEC) on water well drillers.

Summary of Provisions and Statement in Support:

This  bill  would  repeal  the  ten dollar annual fee for a water well
driller certificate of registration. DEC would  continue  to  register
these  entities,  but  the corresponding fee would be eliminated.  The
water well driller fee generates little revenue  for  DEC;  therefore,
the  elimination  of such fee would have no impact on the Department's
overall mission and core functions.

Budget Implications:

If enacted, this bill would result in the loss of $50,000 in recurring
revenue to the Financial Plan.

Effective Date:

This bill would take effect immediately.


Part AA - Create a new Habitat  Conservation  and  Access  account  to
support  fish  and  wildlife  habitat  management  and  public  access
projects

Purpose:

This bill would establish a Habitat Conservation and Access account to
support  Department  of  Environmental  Conservation  (DEC)  fish  and
wildlife habitat management and public access programs.

Summary of Provisions and Statement in Support:

This bill would direct up to $1.5 million annually from the State Fish
and Game Trust account and all proceeds from the sale of  the  Habitat
Stamp  to a new Habitat Conservation and Access account to ensure that
DEC  has  funds  available  for  capital  expenses   associated   with
management,  protection  and restoration of fish and wildlife habitat,
and for the improvement and development of public access for fish  and
wildlife  related  recreation  The  bill  would  also authorize DEC to
establish a fee for the Habitat Stamp of no less than five dollars.

This bill would ensure that funds  are  available  for  expanding  and
improving  habitat and access for outdoor recreation activities, while
continuing to protect and invest lifetime  license  revenue.  Further,
this  funding  would  aid  DEC  in  retaining federal funding for this
purpose.

Budget Implications:

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget because it provides $1.5 million in support of DEC capital  and
associated  personal  service  expenses, which are required to provide
the match for federal funding. Without this spending, federal  funding
could be at risk of redistribution to other states.

Effective Date:

This  bill  would  take effect immediately and shall be deemed to have
been in full force and effect on and after  April  1,  2015,  provided
that  all  funds in the habitat account of the Conservation Fund shall
be transferred to the Habitat Conservation and Access account.

Part BB - Increase the number of years a municipal transit system  may
finance bus purchases from five years to ten years

Purpose:

This  bill  extends from five years to ten years the maximum term that
local  governments  may  finance  transit  bus  purchases,  to   allow
financing that better aligns with vehicle probable useful life.

Summary of Provisions and Statement in Support:

Extending  the financing term from five years to ten years will better
align the debt service payment for municipal buses with their probable
useful life. This provision is currently available to  the  State  and
public transit authorities.


Budget Implications:

This  bill  will allow municipalities to better manage debt associated
with the purchase of buses by extending the  repayment  of  debt  from
five  years  to  ten years, thereby decreasing the yearly debt service
payment.

Effective Date:

This bill would take effect immediately.

The provisions of this act shall take  effect  immediately,  provided,
however,  that  the applicable effective date of each part of this act
shall be as specifically set forth in the last section of such part.
Go to top

A03008 Text:

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

           S. 2008                                                  A. 3008

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

                                   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

       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

       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 permanently authorizing payment of department of  motor
         vehicle  costs  from the dedicated highway and bridge trust fund (Part
         A); to amend the infrastructure investment act, in relation to expand-
         ing the definition of  authorized  state  entity  and  increasing  the
         threshold  amounts for projects utilizing design-build contracts (Part
         B); to amend the transportation law, in relation  to  fees  for  motor
         carriers; and to repeal certain provisions of such law relating there-
         to  (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 investments fund (Part E);
         authorizing the department of transportation to  defer  reductions  in
         service  payments for two years (Part F); to amend the public authori-
         ties 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); to
         amend the vehicle and traffic law, in relation to  overweight  permits
         (Part H); to amend the vehicle and traffic law, the criminal procedure
         law and the transportation law, in relation to the issuance of commer-
         cial learner's permits and the disqualification of commercial driver's
         licenses  and  commercial  learner's permits (Part I); to amend public
         authorities law, in relation to decreasing  state  responsibility  for
         certain  costs  incurred by the New York state thruway authority (Part
         J);  to  amend  the  public  authorities  law,  in  relation  to  toll

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12573-01-5
       S. 2008                             2                            A. 3008

         collection  regulations; to amend the public officers law, in relation
         to electronic toll collection data; to amend the vehicle  and  traffic
         law,  in  relation  to liability of vehicle owners for toll collection
         violations;  and to amend chapter 774 of the laws of 1950, relating to
         agreeing with the state of New Jersey with respect to rules and  regu-
         lations  governing traffic on vehicular crossings operated by the port
         of New York authority, in relation to tolls and  other  charges  (Part
         K);  to  amend the public authorities law, in relation to procurements
         by the New York city transit authority and the metropolitan  transpor-
         tation  authority (Part L); to amend the New York state urban develop-
         ment 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 ener-
         gy  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 conserva-
         tion'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
         generated from an assessment on cable television companies  (Part  R);
         to  amend  chapter 58 of the laws of 2012 amending the public authori-
         ties 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 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 expe-
         dited 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 agriculture and markets law, in relation to eliminat-
         ing 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
         (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 facili-
         ties, 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); to amend the environmental  conservation
         law,  in  relation  to eliminating the registration fee for water well
         driller certification (Part Z); to amend the state finance law and the
       S. 2008                             3                            A. 3008

         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);  and  to  amend  the
         local  finance  law,  in relation to establishing a ten year period of
         probable usefulness for municipally owned omnibus or  surface  transit
         motor vehicles (Part BB)

         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 BB. 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    S  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;] provided [further,] however, that the amendments to subdivision 3
   22  of section 205 of the tax law made by section eight of  this  act  shall
   23  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
   26  1, 2015].
   27    S 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    S 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].
   36    S 3. This act shall take effect immediately.

   37                                   PART B

   38    Section  1.  Paragraph  (e) of subdivision 6 of section 2 of part F of
   39  chapter 56 of the laws of 2011, constituting the infrastructure  invest-
   40  ment act, is amended to read as follows:
       S. 2008                             4                            A. 3008

    1    (e) assist the use of the most efficient and effective procurement and
    2  project  management  for  infrastructure projects in the transportation,
    3  energy, environment, public facilities,  PUBLIC  BUILDING  and  economic
    4  development sectors.
    5    S 2. Paragraph (a) of section 3 of part F of chapter 56 of the laws of
    6  2011, constituting the infrastructure investment act, is amended to read
    7  as follows:
    8    (a)  "authorized  state entity" shall mean [the New York state thruway
    9  authority, the department of transportation, the office of parks, recre-
   10  ation and historic preservation, the department of environmental conser-
   11  vation and the New York state bridge authority] ANY STATE AGENCY AS SUCH
   12  TERM IS DEFINED IN SECTION 160 OF  THE  STATE  FINANCE  LAW,  ANY  STATE
   13  AUTHORITY AS SUCH TERM IS DEFINED IN SECTION 2 OF THE PUBLIC AUTHORITIES
   14  LAW,  THE CITY UNIVERSITY OF NEW YORK, THE STATE UNIVERSITY OF NEW YORK,
   15  AND ANY AND ALL AFFILIATES OR SUBSIDIARIES OF SUCH ENTITIES.
   16    S 3. Section 4 of part F of chapter 56 of the laws of 2011, constitut-
   17  ing the infrastructure investment act, is amended to read as follows:
   18    S 4. Notwithstanding the provisions of section 38 of the highway  law,
   19  section  136-a  of  the state finance law, [section] SECTIONS 359, 1678,
   20  1680 AND 1680-A of the public authorities law, [section] SECTIONS 407-A,
   21  6281 AND 7210 of the education law, SECTIONS  8  AND  9  OF  THE  PUBLIC
   22  BUILDINGS LAW, SECTION 11 OF CHAPTER 795 OF THE LAWS OF 1967, SECTIONS 8
   23  AND  9  OF  SECTION  1  OF  CHAPTER  359 OF THE LAWS OF 1968 AS AMENDED,
   24  SECTION 29 OF CHAPTER 337 OF THE LAWS OF 1972, SECTION 21 OF CHAPTER 464
   25  OF THE LAWS OF 1972, and the provisions of any other law to the  contra-
   26  ry,  and  in conformity with the requirements of this act, an authorized
   27  state entity may utilize the alternative delivery method referred to  as
   28  design-build contracts for capital projects related to the state's phys-
   29  ical  infrastructure,  including,  but not limited to, the state's high-
   30  ways, bridges, BUILDINGS, dams,  flood  control  projects,  canals,  and
   31  parks, including, but not limited to, to repair damage caused by natural
   32  disaster,  to  correct health and safety defects, to comply with federal
   33  and state laws, standards, and regulations, to extend the useful life of
   34  or replace the state's highways, bridges, BUILDINGS, dams, flood control
   35  projects, canals, and parks or to improve or add to  the  state's  high-
   36  ways,  bridges,  BUILDINGS,  dams,  flood  control projects, canals, and
   37  parks; provided that for the contracts executed by  [the  department  of
   38  transportation,  the  office of parks, recreation and historic preserva-
   39  tion, or the department of environmental  conservation]  ANY  AUTHORIZED
   40  STATE AGENCY, the total cost of each such project shall not be less than
   41  [one  million  two  hundred  thousand dollars ($1,200,000)] FIVE MILLION
   42  DOLLARS ($5,000,000).
   43    S 4. Section 8 of part F of chapter 56 of the laws of 2011, constitut-
   44  ing the infrastructure investment act, is amended to read as follows:
   45    S 8. If otherwise  applicable,  capital  projects  undertaken  by  the
   46  authorized state entity pursuant to this act shall be subject to section
   47  135 of the state finance law and section 222 of the labor law; PROVIDED,
   48  HOWEVER, THAT AN AUTHORIZED STATE ENTITY THAT REQUIRES THE CONTRACTOR TO
   49  PREPARE  SEPARATE  SPECIFICATIONS  IN ACCORDANCE WITH SECTION 135 OF THE
   50  STATE FINANCE LAW SHALL BE DEEMED TO BE IN COMPLIANCE WITH PROVISIONS OF
   51  SUCH LAW. FOR ALL CAPITAL PROJECTS USING A  DESIGN-BUILD  CONTRACT  THAT
   52  ARE  ESTIMATED  TO COST IN EXCESS OF $50 MILLION, A PROJECT LABOR AGREE-
   53  MENT, AS DEFINED IN SECTION 222 OF THE LABOR LAW, SHALL BE  INCLUDED  IN
   54  THE  REQUEST  FOR PROPOSALS FOR THE CAPITAL PROJECT UNLESS, BASED UPON A
   55  FEASIBILITY STUDY EXAMINING THE POTENTIAL COST SAVING  AND  EFFICIENCIES
   56  OF  A PROJECT LABOR AGREEMENT, THE AUTHORIZED STATE ENTITY CANNOT DETER-
       S. 2008                             5                            A. 3008

    1  MINE THAT A PROJECT LABOR AGREEMENT WOULD RESULT IN LABOR  COST  SAVINGS
    2  OF  AT  LEAST  FIVE  PERCENT AND THAT ITS INTEREST IN OBTAINING THE BEST
    3  WORK AT THE LOWEST POSSIBLE  PRICE,  PREVENTING  FAVORITISM,  FRAUD  AND
    4  CORRUPTION,  AND  OTHER  CONSIDERATIONS SUCH AS THE IMPACT OF DELAY, THE
    5  POSSIBILITY OF COST SAVINGS ADVANTAGES, AND ANY HISTORY OF LABOR UNREST,
    6  ARE BEST MET BY REQUIRING A PROJECT LABOR AGREEMENT.
    7    S 5. Section 17 of part F of chapter 56 of the laws of  2011,  consti-
    8  tuting the infrastructure investment act, is amended to read as follows:
    9    S 17.  ANY CONTRACT AWARDED PURSUANT TO THIS ACT SHALL BE DEEMED TO BE
   10  AWARDED  PURSUANT  TO  A  COMPETITIVE PROCUREMENT FOR PURPOSES OF PUBLIC
   11  AUTHORITIES LAW SECTION 2879-A.
   12    S 18. This act shall take effect immediately [and shall expire and  be
   13  deemed  repealed  3  years after such date, provided that, projects with
   14  requests for qualifications issued prior to such repeal shall be permit-
   15  ted to continue under this act notwithstanding such repeal].
   16    S 6. Notwithstanding the  provisions  of  article  5  of  the  general
   17  construction  law, the provisions of part F of chapter 56 of the laws of
   18  2011, as amended by sections one, two, three, four and five of this act,
   19  are hereby revived and shall continue in full force and effect  as  such
   20  provisions existed on December 8, 2014.
   21    S 7. This act shall take effect immediately.

   22                                   PART C

   23    Section 1. Section 144 of the transportation law is REPEALED and a new
   24  section 144 is added to read as follows:
   25    S 144. FEES AND CHARGES. THE COMMISSIONER OR THE COMMISSIONER'S DESIG-
   26  NEE SHALL CHARGE AND COLLECT THE FOLLOWING FEES:
   27    1.  ONE  HUNDRED  DOLLARS  FOR  THE INSPECTION OR RE-INSPECTION OF ALL
   28  MOTOR VEHICLES  TRANSPORTING  PASSENGERS  SUBJECT  TO  THE  DEPARTMENT'S
   29  INSPECTION  REQUIREMENTS  PURSUANT  TO SECTION ONE HUNDRED FORTY OF THIS
   30  ARTICLE AND THE COMMISSIONER'S REGULATIONS, EXCEPT SUCH  MOTOR  VEHICLES
   31  OPERATED  UNDER  CONTRACT  WITH A MUNICIPALITY TO PROVIDE STATEWIDE MASS
   32  TRANSPORTATION OPERATING ASSISTANCE ELIGIBLE SERVICE OR  MOTOR  VEHICLES
   33  USED  PRIMARILY  TO  TRANSPORT PASSENGERS PURSUANT TO SUBPARAGRAPHS (I),
   34  (III) AND (V) OF PARAGRAPH A OF SUBDIVISION TWO OF SECTION  ONE  HUNDRED
   35  FORTY  OF THIS ARTICLE. THE DEPARTMENT MAY DENY FUTURE INSPECTION OF ANY
   36  MOTOR  VEHICLE  TRANSPORTING  PASSENGERS  SUBJECT  TO  THE  DEPARTMENT'S
   37  INSPECTION  REQUIREMENTS  AS  WELL  AS  ISSUANCE  OF  A  CERTIFICATE  OF
   38  INSPECTION, IF SUCH FEE IS NOT PAID WITHIN NINETY DAYS OF RECEIPT OF  AN
   39  INVOICE.
   40    2.  ALL  FEES CHARGED AND COLLECTED BY THE COMMISSIONER UNDER SUBDIVI-
   41  SION ONE OF THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO  THE
   42  DEDICATED  HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION
   43  EIGHTY-NINE-B OF THE STATE FINANCE LAW.
   44    S 2. Subdivision 1  of  section  153  of  the  transportation  law  is
   45  REPEALED  and  subdivisions  2,  3,  4,  5, 6, 7, 8 and 9 are renumbered
   46  subdivisions 1, 2, 3, 4, 5, 6, 7 and 8.
   47    S 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
   54  parties.  If any application for authority to operate a bus line through
       S. 2008                             6                            A. 3008

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

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

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

   43                                   PART D

   44    Section  1.  Section  1  of part I of chapter 413 of the laws of 1999,
   45  relating to providing for mass transportation payments,  as  amended  by
   46  section  1  of  part  L of chapter 59 of the laws of 2006, is amended to
   47  read as follows:
   48    Section 1. Notwithstanding any other law, rule or  regulation  to  the
   49  contrary,  payment  of mass transportation operating assistance pursuant
   50  to section 18-b of the  transportation  law  shall  be  subject  to  the
   51  provisions  contained  herein and the amounts made available therefor by
   52  appropriation.
   53    In establishing service and usage formulas for  distribution  of  mass
   54  transportation  operating assistance, the commissioner of transportation
       S. 2008                             9                            A. 3008

    1  may combine and/or  take  into  consideration  those  formulas  used  to
    2  distribute  mass transportation operating assistance payments authorized
    3  by separate appropriations in order to facilitate program administration
    4  and to ensure an orderly distribution of such funds.
    5    To  improve  the  predictability  in  the  level  of funding for those
    6  systems receiving operating assistance payments under service and  usage
    7  formulas,  the  commissioner  of  transportation  is authorized with the
    8  approval of the director of the  budget,  to  provide  service  payments
    9  based on service and usage statistics of the preceding year.
   10    In the case of a service payment made, pursuant to section 18-b of the
   11  transportation law, to a regional transportation authority on account of
   12  mass transportation services provided to more than one county (consider-
   13  ing the city of New York to be one county), the respective shares of the
   14  matching  payments required to be made by a county to any such authority
   15  shall be as follows:
   16    Percentage of matching payment required to be provided:

   17                                    Percentage
   18                                   of Matching
   19  Local Jurisdiction                 Payment
   20  --------------------------------------------
   21  In  the  Metropolitan Commuter
   22    Transportation District:
   23  New York City ................          6.40
   24  Dutchess .....................          1.30
   25  Nassau .......................         39.60
   26  Orange .......................          0.50
   27  Putnam .......................          1.30
   28  Rockland .....................          0.10
   29  Suffolk ......................         25.70
   30  Westchester ..................         25.10
   31  In the Capital District Trans-
   32    portation District:
   33  Albany .......................         56.10
   34  Rensselaer ...................         23.30
   35  Saratoga .....................          4.10
   36  Schenectady ..................         16.50
   37  In  the  Central  New York Re-
   38    gional  Transportation  Dis-
   39    trict:
   40  Cayuga .......................         5.11
   41  Onondaga .....................         75.83
   42  Oswego .......................         2.85
   43  Oneida .......................         16.21
   44  In  the  Rochester-Genesee Re-
   45    gional  Transportation  Dis-
   46    trict:
   47  Genesee ......................         [1.43] 1.36
   48  Livingston ...................         [0.94] .90
   49  Monroe .......................        [94.58] 90.14
   50  Wayne ........................         [1.03] .98
   51  Wyoming ......................         [0.54] .51
   52  Seneca .......................         [0.67] .64
   53  Orleans ......................         [0.81] .77
   54  ONTARIO ......................                4.69
   55    In the Niagara Frontier Trans-
       S. 2008                            10                            A. 3008

    1    portation District:  Erie .........................              89.20
    2  Niagara ......................         10.80

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

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

    1    S  2.  This  act  shall take effect immediately and shall be deemed to
    2  have been in full force and effect on and after April 1, 2015.

    3                                   PART E

    4    Section  1.  The  state finance law is amended by adding a new section
    5  99-w to read as follows:
    6    S 99-W. TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND. 1.  THERE  IS
    7  HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
    8  COMMISSIONER  OF TAXATION AND FINANCE A SPECIAL CAPITAL FUND TO BE KNOWN
    9  AS THE "TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND."
   10    2. THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND DISTINCT
   11  ACCOUNT WITHIN THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND:
   12    METROPOLITAN TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS ACCOUNT
   13    3. THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND  SHALL  CONSIST
   14  OF ALL MONEYS COLLECTED THEREFOR OR CREDITED OR TRANSFERRED THERETO FROM
   15  ANY  OTHER  FUND,  ACCOUNT OR SOURCE. ANY INTEREST RECEIVED BY THE COMP-
   16  TROLLER ON MONEYS ON DEPOSIT  IN  THE  TRANSIT  ASSISTANCE  FOR  CAPITAL
   17  INVESTMENTS FUND SHALL BE RETAINED IN AND BECOME A PART OF SUCH FUND.
   18    4.  MONEYS  IN  THE  TRANSIT  ASSISTANCE  FOR CAPITAL INVESTMENTS FUND
   19  SHALL, FOLLOWING APPROPRIATION BY THE LEGISLATURE, BE UTILIZED FOR CAPI-
   20  TAL PURPOSES, INCLUDING, BUT NOT LIMITED TO  THE  PLANNING  AND  DESIGN,
   21  ACQUISITION,  CONSTRUCTION,  RECONSTRUCTION,  REPLACEMENT,  IMPROVEMENT,
   22  RECONDITIONING, REHABILITATION AND PRESERVATION OF MASS TRANSIT  FACILI-
   23  TIES,  VEHICLES,  RELATED  EQUIPMENT  AND  ROLLING STOCK WITH AN AVERAGE
   24  SERVICE LIFE OF NO LESS THAN FIVE YEARS.
   25    5. MONEYS DEPOSITED INTO THE METROPOLITAN TRANSIT ASSISTANCE FOR CAPI-
   26  TAL INVESTMENTS ACCOUNT SHALL BE AVAILABLE TO THE METROPOLITAN TRANSPOR-
   27  TATION AUTHORITY (MTA) AND TO ALL OTHER  PUBLIC  TRANSPORTATION  SYSTEMS
   28  SERVING   PRIMARILY  WITHIN  THE  METROPOLITAN  COMMUTER  TRANSPORTATION
   29  DISTRICT, AS DEFINED IN SECTION TWELVE HUNDRED SIXTY-TWO OF  THE  PUBLIC
   30  AUTHORITIES  LAW,  ELIGIBLE  TO  RECEIVE  OPERATING ASSISTANCE UNDER THE
   31  PROVISIONS OF SECTION EIGHTEEN-B OF THE  TRANSPORTATION  LAW  CONSISTENT
   32  WITH THE USES OUTLINED IN SUBDIVISION FOUR OF THIS SECTION.
   33    6.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, NO CAPITAL ASSISTANCE
   34  PAYMENT AUTHORIZED UNDER  THIS  SECTION  MAY  BE  APPLIED  TO  OPERATING
   35  EXPENSES.
   36    7.  ALL  PAYMENTS  OF  MONEY  FROM  THE TRANSIT ASSISTANCE FOR CAPITAL
   37  INVESTMENTS FUND SHALL BE MADE IN ACCORDANCE WITH A FORMULA TO BE ESTAB-
   38  LISHED BY THE COMMISSIONER OF TRANSPORTATION WITH THE  APPROVAL  OF  THE
   39  DIRECTOR OF THE BUDGET.
   40    8.  ALL  PAYMENTS  OF  MONEYS  FROM THE TRANSIT ASSISTANCE FOR CAPITAL
   41  INVESTMENTS FUND SHALL BE MADE ON THE AUDIT AND  WARRANT  OF  THE  COMP-
   42  TROLLER.
   43    S 2. This act shall take effect immediately.

   44                                   PART F

   45    Section  1.  Notwithstanding  any other law, rule or regulation to the
   46  contrary, the commissioner of transportation may approve the deferral of
   47  any required reductions in service payments to unspecified public trans-
   48  portation systems, pursuant to the hold-harmless provision of the State-
   49  wide Mass Transportation Operating Assistance (STOA) program provided in
   50  17 N.Y.C.R.R. 975.18, on an annual basis for a period of  no  more  than
   51  two years.
       S. 2008                            13                            A. 3008

    1    S  2.  This  act  shall take effect immediately and shall be deemed to
    2  have been in full force and effect on and after April 1, 2014.

    3                                   PART G

    4    Section  1.  Section  351  of the public authorities law is amended by
    5  adding a new subdivision 14 to read as follows:
    6    14. THE TERM "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF TRANSPORTATION.
    7    S 2. The public authorities law is amended by adding two new  sections
    8  357-b and 357-c to read as follows:
    9    S 357-B. SHARING EMPLOYEES, SERVICES AND RESOURCES.  A SHARED SERVICES
   10  AGREEMENT  MAY  BE  EXECUTED BETWEEN THE AUTHORITY AND THE DEPARTMENT TO
   11  SHARE EMPLOYEES, SERVICES OR RESOURCES AS DEEMED APPROPRIATE  INCLUDING,
   12  BUT  NOT  LIMITED  TO, FOR THE PERFORMANCE OF WORK AND ACTIVITIES BY THE
   13  DEPARTMENT ON THE FACILITIES AND PROPERTY UNDER THE JURISDICTION OF  THE
   14  AUTHORITY, AND FOR THE PERFORMANCE OF WORK AND ACTIVITIES BY THE AUTHOR-
   15  ITY ON THE FACILITIES AND PROPERTY UNDER THE JURISDICTION OF THE DEPART-
   16  MENT.  SUCH  AGREEMENT OR ANY PROJECT UNDERTAKEN PURSUANT TO SUCH AGREE-
   17  MENT SHALL NOT BE DEEMED TO IMPAIR THE RIGHTS  OF  BONDHOLDERS  AND  MAY
   18  PROVIDE  FOR,  BUT  NOT  BE  LIMITED TO, THE MANAGEMENT, SUPERVISION AND
   19  DIRECTION OF SUCH EMPLOYEES' PERFORMANCE OF SUCH SERVICES.
   20    S 357-C. INDEMNIFICATION AND DEFENSE UNDER SHARED SERVICES  AGREEMENT.
   21  1.  THE  AUTHORITY SHALL DEFEND ANY UNIT, ENTITY, OFFICER OR EMPLOYEE OF
   22  THE DEPARTMENT, USING THE FORCES OF THE DEPARTMENT OF  LAW  PURSUANT  TO
   23  SECTION THREE HUNDRED SIXTY-TWO OF THIS TITLE IN ANY ACTION, PROCEEDING,
   24  CLAIM,  DEMAND  OR  THE  PROSECUTION OF ANY APPEAL ARISING FROM OR OCCA-
   25  SIONED BY THE ACTS OR OMISSIONS TO ACT IN THE PERFORMANCE OF  THE  FUNC-
   26  TIONS OF THE AUTHORITY PURSUANT TO A SHARED SERVICES AGREEMENT.
   27    2. DEFENSE PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL BE CONDI-
   28  TIONED UPON THE FULL COOPERATION OF THE DEPARTMENT.
   29    3.  THE  AUTHORITY SHALL INDEMNIFY AND HOLD HARMLESS ANY UNIT, ENTITY,
   30  OFFICER OR EMPLOYEE OF THE DEPARTMENT IN  THE  AMOUNT  OF  ANY  JUDGMENT
   31  OBTAINED  AGAINST  THE DEPARTMENT OR IN THE AMOUNT OF ANY SETTLEMENT THE
   32  DEPARTMENT ENTERS INTO WITH THE CONSENT OF THE AUTHORITY FOR ANY AND ALL
   33  CLAIMS, DAMAGES OR LIABILITIES ARISING FROM OR OCCASIONED BY THE ACTS OR
   34  OMISSIONS TO ACT OF THE AUTHORITY OR  ITS  SUBSIDIARIES  PURSUANT  TO  A
   35  SHARED  SERVICES  AGREEMENT; PROVIDED, HOWEVER, THAT THE ACT OR OMISSION
   36  FROM WHICH SUCH JUDGMENT OR SETTLEMENT AROSE OCCURRED WHILE THE AUTHORI-
   37  TY OR ITS SUBSIDIARIES WAS ACTING WITHIN  THE  SCOPE  OF  ITS  FUNCTIONS
   38  PURSUANT TO A SHARED SERVICES AGREEMENT.  NO SUCH SETTLEMENT OF ANY SUCH
   39  ACTION,  PROCEEDING,  CLAIM OR DEMAND SHALL BE MADE WITHOUT THE APPROVAL
   40  OF THE BOARD OR ITS DESIGNEE.
   41    4. ANY CLAIM OR PROCEEDING COMMENCED AGAINST ANY UNIT, ENTITY, OFFICER
   42  OR EMPLOYEE OF THE AUTHORITY THAT ARISES PURSUANT TO ANY SHARED SERVICES
   43  AGREEMENT SHALL NOT BE CONSTRUED IN ANY WAY  TO  IMPAIR,  ALTER,  LIMIT,
   44  MODIFY, ABROGATE OR RESTRICT ANY IMMUNITY AVAILABLE TO OR CONFERRED UPON
   45  ANY  UNIT,  ENTITY,  OFFICER OR EMPLOYEE OF THE AUTHORITY, OR TO IMPAIR,
   46  ALTER, LIMIT, MODIFY, ABROGATE OR RESTRICT  ANY  RIGHT  TO  DEFENSE  AND
   47  INDEMNIFICATION PROVIDED FOR ANY GOVERNMENTAL OFFICER OR EMPLOYEE BY, IN
   48  ACCORDANCE WITH, OR BY REASON OF, ANY OTHER PROVISION OF STATE OR FEDER-
   49  AL STATUTORY OR COMMON LAW.
   50    5.  THIS  SECTION  SHALL  NOT  IN ANY WAY AFFECT THE OBLIGATION OF ANY
   51  CLAIMANT TO GIVE NOTICE TO THE STATE AND THE AUTHORITY UNDER SECTION TEN
   52  AND SECTION ELEVEN OF THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION  OF
   53  LAW.
       S. 2008                            14                            A. 3008

    1    6.  THE  PROVISIONS  OF THIS SECTION SHALL NOT BE CONSTRUED TO IMPAIR,
    2  ALTER, LIMIT OR MODIFY THE RIGHTS AND OBLIGATIONS OF ANY  INSURER  UNDER
    3  ANY INSURANCE AGREEMENT.
    4    7.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN EMPLOYED PURSUANT
    5  TO A SHARED SERVICES AGREEMENT, EMPLOYEES  OF  THE  AUTHORITY,  AND  ITS
    6  SUBSIDIARIES  AND  THE  DEPARTMENT SHALL BE DEEMED EMPLOYEES OF ALL SUCH
    7  ENTITIES AND THE STATE FOR PURPOSES OF THE WORKERS' COMPENSATION LAW.
    8    S 3. Section 10-a of the highway law is amended by adding a new subdi-
    9  vision 13 to read as follows:
   10    13. (A) THE STATE SHALL DEFEND ANY UNIT, ENTITY, OFFICER  OR  EMPLOYEE
   11  OF  THE NEW YORK STATE THRUWAY AUTHORITY USING THE FORCES OF THE DEPART-
   12  MENT OF LAW IN ANY ACTION, PROCEEDING, CLAIM, DEMAND OR THE  PROSECUTION
   13  OF ANY APPEAL ARISING FROM OR OCCASIONED BY THE ACTS OR OMISSIONS TO ACT
   14  IN  THE  PERFORMANCE  OF  THE  FUNCTIONS OF THE DEPARTMENT PURSUANT TO A
   15  SHARED SERVICES AGREEMENT.
   16    (B) DEFENSE PURSUANT TO PARAGRAPH (A) OF  THIS  SUBDIVISION  SHALL  BE
   17  CONDITIONED  UPON  THE  FULL  COOPERATION  OF THE NEW YORK STATE THRUWAY
   18  AUTHORITY.
   19    (C) THE STATE SHALL INDEMNIFY AND  HOLD  HARMLESS  ANY  UNIT,  ENTITY,
   20  OFFICER  OR  EMPLOYEE  OF  THE  NEW  YORK STATE THRUWAY AUTHORITY IN THE
   21  AMOUNT OF ANY JUDGMENT OBTAINED  AGAINST  THE  NEW  YORK  STATE  THRUWAY
   22  AUTHORITY  OR IN THE AMOUNT OF ANY SETTLEMENT THE NEW YORK STATE THRUWAY
   23  AUTHORITY ENTERS INTO WITH THE CONSENT OF THE  STATE  FOR  ANY  AND  ALL
   24  CLAIMS, DAMAGES OR LIABILITIES ARISING FROM OR OCCASIONED BY THE ACTS OR
   25  OMISSIONS  TO ACT OF THE DEPARTMENT PURSUANT TO A SHARED SERVICES AGREE-
   26  MENT, PROVIDED, HOWEVER, THAT THE ACT OR OMISSION FROM WHICH SUCH  JUDG-
   27  MENT OR SETTLEMENT AROSE OCCURRED WHILE THE DEPARTMENT WAS ACTING WITHIN
   28  THE SCOPE OF ITS FUNCTIONS PURSUANT TO A SHARED SERVICES AGREEMENT.  ANY
   29  SUCH  SETTLEMENT  SHALL  BE EXECUTED PURSUANT TO SECTION TWENTY-A OF THE
   30  COURT OF CLAIMS ACT.
   31    (D) ANY CLAIM OR PROCEEDING COMMENCED AGAINST ANY UNIT, ENTITY,  OFFI-
   32  CER OR EMPLOYEE OF THE DEPARTMENT PURSUANT TO ANY SHARED SERVICES AGREE-
   33  MENT  SHALL NOT BE CONSTRUED IN ANY WAY TO IMPAIR, ALTER, LIMIT, MODIFY,
   34  ABROGATE OR RESTRICT ANY IMMUNITY AVAILABLE TO  OR  CONFERRED  UPON  ANY
   35  UNIT,  ENTITY,  OFFICER  OR  EMPLOYEE  OF  THE DEPARTMENT, OR TO IMPAIR,
   36  ALTER, LIMIT, MODIFY, ABROGATE OR RESTRICT  ANY  RIGHT  TO  DEFENSE  AND
   37  INDEMNIFICATION PROVIDED FOR ANY GOVERNMENTAL OFFICER OR EMPLOYEE BY, IN
   38  ACCORDANCE WITH, OR BY REASON OF, ANY OTHER PROVISION OF STATE OR FEDER-
   39  AL STATUTORY OR COMMON LAW.
   40    (E) THIS SUBDIVISION SHALL NOT IN ANY WAY AFFECT THE OBLIGATION OF ANY
   41  CLAIMANT  TO  GIVE  NOTICE TO THE STATE UNDER SECTIONS TEN AND ELEVEN OF
   42  THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF LAW.
   43    (F) THE PROVISIONS OF THIS  SUBDIVISION  SHALL  NOT  BE  CONSTRUED  TO
   44  IMPAIR, ALTER, LIMIT OR MODIFY THE RIGHTS AND OBLIGATIONS OF ANY INSURER
   45  UNDER ANY INSURANCE AGREEMENT.
   46    (G) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EMPLOYEES OF THE THRU-
   47  WAY  AUTHORITY,  ITS  SUBSIDIARIES  AND  THE  DEPARTMENT SHALL BE DEEMED
   48  EMPLOYEES OF ALL SUCH ENTITIES AND THE STATE FOR PURPOSES OF  THE  WORK-
   49  ERS' COMPENSATION LAW.
   50    (H)  ANY  PAYMENT MADE PURSUANT TO THIS SUBDIVISION OR ANY MONIES PAID
   51  FOR A CLAIM AGAINST OR SETTLEMENT WITH THE DEPARTMENT OR  THE  NEW  YORK
   52  STATE  THRUWAY  AUTHORITY  PURSUANT  TO  THIS  SECTION AND PURSUANT TO A
   53  SHARED SERVICES AGREEMENT SHALL BE PAID FROM APPROPRIATIONS FOR  PAYMENT
   54  BY THE STATE PURSUANT TO THE COURT OF CLAIMS ACT.
   55    S 4. Subdivision 1 of section 17 of the public officers law is amended
   56  by adding a new paragraph (y) to read as follows:
       S. 2008                            15                            A. 3008

    1    (Y)  FOR  PURPOSES  OF THIS SECTION, THE TERM "EMPLOYEE" SHALL INCLUDE
    2  MEMBERS OF THE BOARD, OFFICERS AND EMPLOYEES OF THE NEW YORK STATE THRU-
    3  WAY AUTHORITY OR ITS SUBSIDIARIES.
    4    S 5. This act, being necessary for the prosperity of the state and its
    5  inhabitants,  shall  be  liberally  construed to effect the purposes and
    6  secure the beneficial intents hereof.
    7    S 6. If any provision of any section of this act  or  the  application
    8  thereof  to  any  person  or circumstance shall be adjudged invalid by a
    9  court of  competent  jurisdiction,  such  order  or  judgment  shall  be
   10  confined  in  its operation to the controversy in which it was rendered,
   11  and shall not affect or invalidate the remainder of any provision of any
   12  section of this act or the application thereof to any  other  person  or
   13  circumstance  and to this end the provisions of each section of this act
   14  are hereby declared to be severable.
   15    S 7. This act shall take effect immediately.

   16                                   PART H

   17    Section 1. Subdivision 15 of section 385 of the  vehicle  and  traffic
   18  law is amended by adding a new paragraph (l) to read as follows:
   19    (L) WHEN AN ANNUAL PERMIT IS ISSUED, PURSUANT TO THIS SUBDIVISION, FOR
   20  THE  OPERATION  OF  A  VEHICLE  WITH A MAXIMUM GROSS WEIGHT IN EXCESS OF
   21  EIGHTY THOUSAND POUNDS, SUCH PERMIT SHALL SERVE AS PROOF OF THE  MAXIMUM
   22  GROSS  WEIGHT ALLOWED FOR SUCH VEHICLE NOTWITHSTANDING THE MAXIMUM GROSS
   23  WEIGHT FOR SUCH VEHICLE AS STATED ON THE  APPLICATION  FOR  REGISTRATION
   24  PROVIDED  THAT  THE  OPERATION OF SUCH VEHICLE IS IN COMPLIANCE WITH THE
   25  TERMS OF THE ANNUAL PERMIT ISSUED AND  ANY  REQUIREMENTS  OR  CONDITIONS
   26  APPLICABLE THERETO.
   27    S  2.  Paragraph  (b) of schedule F of subdivision 7 of section 401 of
   28  the vehicle and traffic law, as amended by chapter 55  of  the  laws  of
   29  1992, is amended to read as follows:
   30    (b)  As  used in this schedule, the term "snow plow" shall not include
   31  farm type tractors used exclusively for agricultural  purposes,  or  for
   32  snow  plowing  other  than  for  hire, as defined in section one hundred
   33  twenty-five of this chapter, when used for  plowing  or  removing  snow,
   34  provided such plowing or snow removal is not done for hire.
   35    No  person  shall  operate or move, or cause or knowingly permit to be
   36  operated or moved on any public highway in this state  any  auto  truck,
   37  agricultural  truck  or  light  delivery  car, registered in this state,
   38  having a combined weight of vehicle and load in excess  of  the  maximum
   39  gross weight for such vehicle as stated on the application for registra-
   40  tion.  Such  maximum  gross  weight  [cannot] SHALL NOT be more than the
   41  weight permitted under section three hundred eighty-five of this chapter
   42  or the weight permitted by the rules or regulations of the department of
   43  transportation of any city not wholly  included  within  one  county  or
   44  under  permits  that  may  be  issued pursuant to such section, rules or
   45  regulations whichever is the least restrictive.
   46    S 3. Paragraph b of subdivision 9 of section 401 of  the  vehicle  and
   47  traffic  law,  as amended by chapter 847 of the laws of 1968, is amended
   48  to read as follows:
   49    b. Where a vehicle registered under  the  provisions  of  subdivisions
   50  seven  or  eight  of  this  section on the basis of maximum gross weight
   51  requires a corrected registration because of a load  in  excess  of  the
   52  maximum  load  as  certified in the application for registration, or the
   53  registrant desires to register the vehicle  at  a  lower  gross  maximum
   54  weight, an application shall be made for correct registration; PROVIDED,
       S. 2008                            16                            A. 3008

    1  HOWEVER,  THAT  WHEN  AN ANNUAL PERMIT IS ISSUED PURSUANT TO SUBDIVISION
    2  FIFTEEN OF SECTION THREE HUNDRED EIGHTY-FIVE OF  THIS  CHAPTER  FOR  THE
    3  OPERATION  OF  A VEHICLE WITH A MAXIMUM GROSS WEIGHT IN EXCESS OF EIGHTY
    4  THOUSAND POUNDS, A CORRECTED REGISTRATION SHALL NOT BE REQUIRED PURSUANT
    5  TO THIS PARAGRAPH. Upon the surrendering of the certificate of registra-
    6  tion  and  the payment of a fee of two dollars together with the balance
    7  of the annual fee for the correct registration over the fee as previous-
    8  ly registered, such corrected registration may be issued. No  return  of
    9  any  part of the fee paid for the previous registration shall be made in
   10  case of a reduction of maximum gross weight certified in the application
   11  for a corrected registration.
   12    S 4. This act shall take effect on the ninetieth day  after  it  shall
   13  have become a law.

   14                                   PART I

   15    Section  1. Item 1 of clause (A) of subparagraph (ii) of paragraph (i)
   16  of subdivision 1 of section 201 of  the  vehicle  and  traffic  law,  as
   17  amended  by  section  1 of part CC of chapter 58 of the laws of 2011, is
   18  amended to read as follows:
   19    (1) fifty-five years where the conviction and suspension or revocation
   20  order relates to a conviction, suspension or revocation by the holder of
   21  any driver's license when  operating  a  commercial  motor  vehicle,  as
   22  defined  in subdivision four of section five hundred one-a of this chap-
   23  ter, or by the holder of a commercial  driver's  license  OR  COMMERCIAL
   24  LEARNER'S  PERMIT  when operating any motor vehicle, who: has refused to
   25  submit to a chemical test pursuant to section eleven hundred ninety-four
   26  of this chapter or has been convicted of any of the following  offenses:
   27  any violation of subdivision ONE, two, TWO-A, three [or], four OR FOUR-A
   28  of  section  eleven hundred ninety-two of this chapter, any violation of
   29  subdivision one or two of section six hundred of this chapter, any felo-
   30  ny involving the use of a motor vehicle, other than the use of  a  motor
   31  vehicle  in the commission of a felony involving manufacturing, distrib-
   32  uting, dispensing a controlled substance; or the conviction,  suspension
   33  or  revocation  involves any of the following offenses while operating a
   34  commercial motor vehicle: any violation of subdivision five  or  six  of
   35  section  eleven hundred ninety-two of this chapter, driving a commercial
   36  motor vehicle when as a result of prior violations committed while oper-
   37  ating a commercial  motor  vehicle,  the  driver's  commercial  driver's
   38  license  OR  COMMERCIAL LEARNER'S PERMIT is suspended or revoked, or has
   39  been convicted of causing a fatality through the negligent operation  of
   40  a  commercial  motor vehicle, including but not limited to the crimes of
   41  vehicular manslaughter and criminally negligent homicide as set forth in
   42  article one hundred twenty-five of the penal law;
   43    S 2. Subdivision 6 of section 501-a of the vehicle and traffic law, as
   44  added by chapter 173 of the laws of 1990, is amended to read as follows:
   45    6. Tank vehicle. Any commercial motor vehicle  designed  to  transport
   46  any  liquid  or  gaseous  material within [a]: (I) A tank that is either
   47  permanently or temporarily attached to the vehicle or  the  chassis  AND
   48  HAS  A  RATED CAPACITY OF ONE THOUSAND GALLONS OR MORE; OR (II) MULTIPLE
   49  TANKS EITHER PERMANENTLY OR TEMPORARILY ATTACHED OR  SECURED,  WHEN  THE
   50  AGGREGATE RATED CAPACITY OF THOSE TANKS IS ONE THOUSAND GALLONS OR MORE,
   51  AS  DETERMINED  BY  ADDING  THE  CAPACITY OF EACH INDIVIDUAL TANK WITH A
   52  CAPACITY OF MORE THAN ONE HUNDRED  NINETEEN  GALLONS.    [Such  vehicles
   53  include, but are not limited to, cargo and portable tanks, as defined in
   54  49  CFR  part  171.  However,  this definition does not include portable
       S. 2008                            17                            A. 3008

    1  tanks having a rated capacity under  one  thousand  gallons.]  PROVIDED,
    2  HOWEVER, IF A COMMERCIAL MOTOR VEHICLE TRANSPORTS ONE OR MORE TANKS THAT
    3  ARE MANIFESTED EITHER AS EMPTY OR AS RESIDUE AND THAT ARE ACTUALLY EMPTY
    4  OR  CONTAIN  ONLY RESIDUE, THOSE TANKS SHALL NOT BE CONSIDERED IN DETER-
    5  MINING WHETHER THE VEHICLE IS A TANK VEHICLE.
    6    S 3. Paragraph (b) of subdivision 1 of section 503 of the vehicle  and
    7  traffic law, as amended by section 2 of part D of chapter 58 of the laws
    8  of 2012, is amended to read as follows:
    9    (b)  An  application for a license shall be valid for a period of time
   10  specified by regulation of the commissioner not to exceed five years.  A
   11  learner's  permit  shall be valid from its issuance until the expiration
   12  of the application for a driver's  license  for  which  it  was  issued.
   13  PROVIDED,  HOWEVER,  A COMMERCIAL LEARNER'S PERMIT SHALL BE VALID FOR NO
   14  MORE THAN ONE HUNDRED EIGHTY  DAYS,  EXCEPT  THAT  SUCH  PERMIT  MAY  BE
   15  RENEWED, IN THE COMMISSIONER'S DISCRETION, FOR AN ADDITIONAL ONE HUNDRED
   16  EIGHTY  DAYS.  Provided,  however,  that  a  COMMERCIAL learner's permit
   17  issued by the commissioner in  connection  with  an  application  for  a
   18  commercial  driver's license shall be cancelled within sixty days of the
   19  holder's medical certification  status  becoming  "not-certified"  based
   20  upon:  (i)  the  expiration  of  the  holder's  medical certification or
   21  medical variance documentation required by  the  federal  motor  carrier
   22  safety  improvement  act  of  1999 and Part 383.71(h) of title 49 of the
   23  code of federal regulations; (ii) the holder's failure  to  submit  such
   24  medical  certification  or medical variance documentation at such inter-
   25  vals as required by the federal motor carrier safety improvement act  of
   26  1999  and  Part 383.71(h) of title 49 of the code of federal regulations
   27  and in a manner prescribed by the commissioner; or (iii) the receipt  by
   28  the commissioner of information from the issuing medical examiner or the
   29  federal motor carrier safety administration that a medical certification
   30  or  medical  variance was issued in error or rescinded. The commissioner
   31  shall, upon a holder's status becoming "not-certified", notify the hold-
   32  er of such COMMERCIAL learner's  permit  issued  in  connection  with  a
   33  commercial  driver's  license  application  by  first  class mail to the
   34  address of such person on file with the department  or  at  the  current
   35  address  provided  by  the  United  States  postal service of his or her
   36  "not-certified" medical certification status  and  that  the  commercial
   37  motor  vehicle  privileges  of  such COMMERCIAL learner's permit will be
   38  cancelled unless he or she submits a current medical certificate  and/or
   39  medical  variance  in  accordance with Part 383.71(h) of title 49 of the
   40  code of federal regulations or changes his or her self-certification  to
   41  driving  only  in  excepted  [or intrastate] commerce in accordance with
   42  Part 383.71(b)[(ii)(B), (C) or (D)](1) of title 49 of the code of feder-
   43  al regulations.
   44    S 4. Subdivision 6 of section 510 of the vehicle and  traffic  law  is
   45  amended by adding a new paragraph o to read as follows:
   46    O.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
   47  WHERE REVOCATION IS MANDATORY PURSUANT TO SUBPARAGRAPH  (III)  OF  PARA-
   48  GRAPH  A  OF  SUBDIVISION  TWO  OF THIS SECTION INVOLVING A VIOLATION OF
   49  SECTION THREE HUNDRED NINETY-TWO OF  THIS  CHAPTER  IN  RELATION  TO  AN
   50  APPLICATION  FOR A COMMERCIAL DRIVER'S LICENSE OR A COMMERCIAL LEARNER'S
   51  PERMIT, NO NEW  COMMERCIAL  DRIVER'S  LICENSE  OR  COMMERCIAL  LEARNER'S
   52  PERMIT  SHALL  BE ISSUED FOR AT LEAST ONE YEAR, NOR THEREAFTER EXCEPT IN
   53  THE DISCRETION OF THE COMMISSIONER.
   54    S 5. Paragraph (b) of subdivision 3 of section 510-a  of  the  vehicle
   55  and  traffic law, as amended by section 7 of part K of chapter 59 of the
       S. 2008                            18                            A. 3008

    1  laws of 2009, is amended, and two new subdivisions 9 and 10 are added to
    2  read as follows:
    3    (b)  A  commercial  driver's license shall be suspended by the commis-
    4  sioner for a period of one hundred  twenty  days  where  the  holder  is
    5  convicted  of three serious traffic violations as defined in subdivision
    6  four of this section committed within a three year period,  in  separate
    7  incidents  whether  such  convictions occurred within or outside of this
    8  state. [Such suspension shall take effect upon the  termination  of  any
    9  other  suspension  already  in  effect pursuant to paragraph (a) of this
   10  subdivision or this paragraph.]
   11    9.  APPLICATION  OF  DISQUALIFICATIONS  TO  HOLDERS  OF  A  COMMERCIAL
   12  LEARNER'S  PERMIT.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, ANY
   13  PROVISION OF THIS CHAPTER RELATING TO THE REVOCATION, SUSPENSION,  DOWN-
   14  GRADING,  DISQUALIFICATION  OR  CANCELLATION  OF  A  COMMERCIAL DRIVER'S
   15  LICENSE SHALL APPLY IN THE SAME MANNER TO A COMMERCIAL LEARNER'S PERMIT.
   16    10. CONSECUTIVE DISQUALIFICATION PERIODS.  NOTWITHSTANDING  ANY  OTHER
   17  PROVISION  OF LAW, ANY SUSPENSION, REVOCATION OR DISQUALIFICATION APPLI-
   18  CABLE TO THE HOLDER OF  A  COMMERCIAL  DRIVER'S  LICENSE  OR  COMMERCIAL
   19  LEARNER'S PERMIT THAT IS REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE
   20  OF  FEDERAL REGULATIONS AND BY THE PROVISIONS OF THIS CHAPTER SHALL TAKE
   21  EFFECT UPON THE EXPIRATION OF THE MINIMUM PERIOD OF  ANY  OTHER  SUSPEN-
   22  SION,  REVOCATION  OR DISQUALIFICATION OF SUCH LICENSE OR PERMIT THAT IS
   23  REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE OF  FEDERAL  REGULATIONS
   24  AND BY THE PROVISIONS OF THIS CHAPTER.
   25    S  6. Paragraph (d) of subdivision 1 of section 514 of the vehicle and
   26  traffic law, as added by section 7 of part CC of chapter 58 of the  laws
   27  of 2011, is amended to read as follows:
   28    (d)  Notwithstanding  the provisions of paragraphs (a), (b) and (c) of
   29  this subdivision, upon a judgment of conviction for a violation  of  any
   30  provisions of this chapter or of any local law, rule, ordinance or regu-
   31  lation  relating  to traffic (except one related to parking, stopping or
   32  standing), the court or the clerk thereof shall, within ninety-six hours
   33  of the imposition of the sentence,  file  the  certificate  required  by
   34  paragraph  (a)  of this subdivision, if the person convicted: (i) is the
   35  holder of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license
   36  issued by another state; or (ii) does not hold  a  COMMERCIAL  LEARNER'S
   37  PERMIT  OR  A commercial driver's license, but has been issued a license
   38  by another state and is convicted of a violation that was committed in a
   39  commercial motor vehicle, as defined in subdivision four of section five
   40  hundred one-a of this title.
   41    S 7. Subdivisions 1 and 2 of section 514-a of the vehicle and  traffic
   42  law, as added by chapter 173 of the laws of 1990, are amended to read as
   43  follows:
   44    1.  Each person who operates a commercial motor vehicle for a New York
   45  state employer who is convicted of violating within or outside  of  this
   46  state,  in  any  type of motor vehicle, a state or local law relating to
   47  motor vehicle traffic control (other than a  parking  violation),  shall
   48  notify  his/her  current  employer  of  such conviction. [Any person who
   49  holds a commercial driver's license issued by the commissioner who  does
   50  not  operate a commercial motor vehicle for a New York state employer or
   51  who operates a commercial  motor  vehicle  while  self-employed  who  is
   52  convicted  in  any  other  state, the District of Columbia or a Canadian
   53  province of violating any law relating to motor vehicle traffic  control
   54  (other  than  a  parking  violation)  while operating a commercial motor
   55  vehicle shall notify the commissioner of such conviction.] Such  notifi-
   56  cation  must  be  made within thirty days after the date that the person
       S. 2008                            19                            A. 3008

    1  has been convicted except that if a person is a bus driver as defined in
    2  section five hundred nine-a of this chapter, such notification  must  be
    3  made  within  five  days after the date the person has been convicted as
    4  required  by  section  five  hundred  nine-i  of this chapter. The above
    5  notification must be made in writing and contain the following  informa-
    6  tion:  (a)  driver's full name; (b) driver's license number; (c) date of
    7  conviction; (d) the specific criminal or other offense(s), serious traf-
    8  fic violation(s) of state or local law relating to motor vehicle traffic
    9  control, for which the person was convicted and any suspension,  revoca-
   10  tion,  cancellation  of  any driving privileges or disqualification from
   11  operating  a  commercial  motor  vehicle  which   resulted   from   such
   12  conviction(s);  (e) indication whether the violation was in a commercial
   13  motor vehicle; (f) location of offense; (g) court or tribunal  in  which
   14  the conviction occurred; and (h) driver's signature.
   15    2.  Each person who operates a commercial motor vehicle for a New York
   16  state employer who has a  COMMERCIAL  LEARNER'S  PERMIT  OR  A  driver's
   17  license  suspended,  revoked,  or canceled by the commissioner or by the
   18  appropriate authorities of any other  state,  District  of  Columbia  or
   19  Canadian  province, or who loses the right to operate a commercial motor
   20  vehicle in any state or jurisdiction for any period, or who is disquali-
   21  fied from operating a commercial motor vehicle  for  any  period,  shall
   22  notify  his/her current employer of such suspension, revocation, cancel-
   23  lation, lost privilege, or disqualification.
   24    S 8. Section 514-c of the vehicle and traffic law, as added by chapter
   25  251 of the laws of 2007, is amended to read as follows:
   26    S 514-c. Notification of non-resident commercial operator convictions.
   27  Within ten days of the conviction of: (a) any  holder  of  a  COMMERCIAL
   28  LEARNER'S  PERMIT  OR  A  commercial  driver's license issued by another
   29  state for any violation of state or local law regulating traffic,  other
   30  than  a parking, stopping or standing violation, committed while operat-
   31  ing a motor vehicle in this state; or
   32    (b) any holder of a driver's license issued by another state  for  any
   33  violation  of  state or local law regulating traffic, other than a park-
   34  ing, stopping or standing violation, committed while operating a commer-
   35  cial motor vehicle in this state, the commissioner shall provide  notice
   36  of  such  conviction  to the state which issued such holder's COMMERCIAL
   37  LEARNER'S PERMIT, commercial driver's license or driver's license.
   38    S 9. Subdivision 9 of section 170.55 of the criminal procedure law, as
   39  added by section 8 of part CC of chapter 58 of  the  laws  of  2011,  is
   40  amended to read as follows:
   41    9.  Notwithstanding  any  other provision of this section, a court may
   42  not issue an order adjourning an action in contemplation of dismissal if
   43  the offense is for a violation of the vehicle and traffic law related to
   44  the operation of a motor vehicle (except one related to  parking,  stop-
   45  ping  or  standing),  or  a  violation of a local law, rule or ordinance
   46  related to the operation of a motor vehicle (except one related to park-
   47  ing, stopping or standing), if such offense was committed by the  holder
   48  of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license or was
   49  committed  in a commercial motor vehicle, as defined in subdivision four
   50  of section five hundred one-a of the vehicle and traffic law.
   51    S 10. Paragraph c of subdivision 2 of section 140 of  the  transporta-
   52  tion  law  is  amended  by  adding  a  new subparagraph (vii) to read as
   53  follows:
   54    (VII) NO PERSON, CORPORATION, LIMITED LIABILITY  COMPANY  OR  BUSINESS
   55  ENTITY,  JOINT  STOCK  ASSOCIATION, PARTNERSHIP, OR ANY OFFICER OR AGENT
   56  THEREOF, SHALL KNOWINGLY ALLOW, REQUIRE, PERMIT OR AUTHORIZE ANY  PERSON
       S. 2008                            20                            A. 3008

    1  TO  OPERATE  A  COMMERCIAL  MOTOR  VEHICLE,  AS  DEFINED IN SECTION FIVE
    2  HUNDRED ONE-A OF THE VEHICLE AND TRAFFIC LAW, DURING ANY PERIOD IN WHICH
    3  THE OPERATOR:
    4    (A)  DOES  NOT  HAVE A VALID COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL
    5  DRIVER'S LICENSE; OR
    6    (B) DOES NOT HAVE A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIVER'S
    7  LICENSE WITH THE PROPER CLASS OR ENDORSEMENTS; OR
    8    (C) VIOLATES ANY RESTRICTION ON SUCH OPERATOR'S  COMMERCIAL  LEARNER'S
    9  PERMIT OR COMMERCIAL DRIVER'S LICENSE; OR
   10    (D)  HAS  A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIVER'S LICENSE
   11  THAT IS SUSPENDED, REVOKED OR  CANCELLED,  OR  SUCH  OPERATOR  HAS  BEEN
   12  OTHERWISE DISQUALIFIED BY THE COMMISSIONER OF MOTOR VEHICLES; OR
   13    (E)  HAS MORE THAN ONE COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIV-
   14  ER'S LICENSE.
   15    A VIOLATION OF THIS SUBPARAGRAPH SHALL BE PUNISHABLE BY A FINE OF  NOT
   16  LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS.
   17    S  11.  This  act  shall  take  effect July 8, 2015 and shall apply to
   18  violations committed on or after such date, and shall apply  to  permits
   19  issued on or after such date.

   20                                   PART J

   21    Section  1.  Subdivision  2 of section 357-a of the public authorities
   22  law, as added by section 1 of part E of chapter 58 of the laws of  2013,
   23  is amended to read as follows:
   24    2.  The  state  shall be responsible for additional goods and services
   25  provided by the authority  equal  to  [twenty-four  million]  TWENTY-ONE
   26  MILLION  FIVE HUNDRED THOUSAND dollars in each calendar year. Such goods
   27  and services shall be deemed to be costs to the state and not  operating
   28  costs  of  the authority. The authority and the director of the division
   29  of the budget shall enter into an agreement identifying any  such  state
   30  costs and determine reporting and other requirements related thereto.
   31    Such  agreement and any amendments thereto shall be transmitted by the
   32  authority, within ten business days of the execution of  such  agreement
   33  and  amendments  thereto,  to the chair of the senate finance committee,
   34  the chair of the assembly ways and means committee,  the  chair  of  the
   35  senate  transportation committee and the chair of the assembly transpor-
   36  tation committee. By February first of each year, a  report  identifying
   37  all  state costs paid pursuant to such agreement in the preceding calen-
   38  dar year will be transmitted by the authority to  the  director  of  the
   39  budget,  the  chair  of  the  senate finance committee, the chair of the
   40  assembly ways and means committee, the chair of the  senate  transporta-
   41  tion committee and the chair of the assembly transportation committee.
   42    S  2.  This  act  shall take effect immediately and shall be deemed to
   43  have been in full force and effect on and after January 1, 2015.

   44                                   PART K

   45    Section 1. Section 2985 of title 11 of article 9 of the public author-
   46  ities law is designated title 11-A and such title is amended by adding a
   47  new title heading to read as follows:
   48                              TOLL COLLECTIONS
   49    S 2. Subdivision 1 of section 2985 of the public authorities  law,  as
   50  added by chapter 379 of the laws of 1992, is amended to read as follows:
   51    1.  Notwithstanding any other provision of law, every public authority
   52  which operates a toll highway bridge and/or tunnel  facility  is  hereby
       S. 2008                            21                            A. 3008

    1  authorized and empowered to impose monetary liability [on the owner of a
    2  vehicle]  for  failure  [of an operator thereof] to comply with the toll
    3  collection regulations of such public authority in accordance  with  the
    4  provisions of this section.
    5    S  3.  Subdivision 3 of section 2985 of the public authorities law, as
    6  added by chapter 379 of the laws of 1992, is amended to read as follows:
    7    3. For purposes of this section,  the  term  "owner"  shall  mean  any
    8  person,  corporation,  partnership, firm, agency, association, lessor or
    9  organization who, [at the time of the violation] WHEN THE OBLIGATION  TO
   10  PAY  THE  TOLL IS INCURRED and with respect to the vehicle identified in
   11  the notice of liability: (a) is the beneficial  or  equitable  owner  of
   12  such vehicle; or (b) has title to such vehicle; or (c) is the registrant
   13  or co-registrant of such vehicle which is registered with the department
   14  of motor vehicles of this state or any other state, territory, district,
   15  province,  nation  or  other jurisdiction; or (d) subject to the limita-
   16  tions set forth in subdivision ten of this section, uses such vehicle in
   17  its vehicle renting and/or leasing business; and includes (e)  a  person
   18  entitled  to  the  use and possession of a vehicle subject to a security
   19  interest in another person. For  purposes  of  this  section,  the  term
   20  "photo-monitoring  system" shall mean a vehicle sensor installed to work
   21  in conjunction with  a  toll  collection  facility  which  automatically
   22  produces  one or more photographs, one or more microphotographs, a vide-
   23  otape or other recorded images of each vehicle at the time it is used or
   24  operated in [violation of toll collection regulations] OR  UPON  A  TOLL
   25  FACILITY.  For purposes of this section, the term "toll collection regu-
   26  lations"  shall  mean: those rules and regulations of a public authority
   27  providing  for  and  requiring  the  payment  of  tolls  and/or  charges
   28  prescribed  by  such public authority for the use of bridges, tunnels or
   29  highways under its jurisdiction or those  rules  and  regulations  of  a
   30  public  authority  making it unlawful to refuse to pay or to evade or to
   31  attempt to evade the payment of all or part of any  toll  and/or  charge
   32  for  the  use  of bridges, tunnels or highways under the jurisdiction of
   33  such public authority. For purposes of this section, the term  "vehicle"
   34  shall  mean every device in, upon or by which a person or property is or
   35  may be transported or drawn upon a highway, except devices  used  exclu-
   36  sively upon stationary rails or tracks.
   37    S  4.  Subdivision 4 of section 2985 of the public authorities law, as
   38  added by chapter 379 of the laws of 1992, is amended to read as follows:
   39    4. A certificate, sworn to or affirmed  by  an  agent  of  the  public
   40  authority  which  charged  that  the  violation occurred, or a facsimile
   41  thereof, based upon inspection of [photographs, microphotographs,  vide-
   42  otape or other recorded images] DATA OR IMAGES produced by [a photo-mon-
   43  itoring]  AN  ELECTRONIC  TOLL  COLLECTION system OR OTHER RECORDS MAIN-
   44  TAINED BY OR ON BEHALF OF THE PUBLIC AUTHORITY REGARDING TOLL VIOLATIONS
   45  shall be prima facie evidence of the facts contained therein  and  shall
   46  be  admissible in any proceeding charging a violation of toll collection
   47  regulations, provided that any [photographs, microphotographs, videotape
   48  or other recorded images] SUCH DATA, IMAGES, OR RECORDS evidencing  such
   49  a  violation  shall  be  available  for  inspection  and  admission into
   50  evidence  in  any  proceeding  to  adjudicate  the  liability  for  such
   51  violation.
   52    S  5.  Subdivision 5 of section 2985 of the public authorities law, as
   53  added by chapter 379 of the laws of 1992, is amended to read as follows:
   54    5. An owner found liable for a  violation  of  toll  collection  regu-
   55  lations  pursuant to this section shall for a first violation thereof be
   56  liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER  CHARGES  AND
       S. 2008                            22                            A. 3008

    1  FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED
    2  dollars  or two times the toll evaded whichever is greater; for a second
    3  violation thereof both within eighteen months be  liable  for  THE  FULL
    4  AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
    5  monetary  penalty  not to exceed [one] TWO hundred dollars or five times
    6  the toll  evaded  whichever  is  greater;  for  a  third  or  subsequent
    7  violation  thereof  all  within  eighteen  months be liable for THE FULL
    8  AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
    9  monetary penalty not to exceed [one] THREE hundred  [fifty]  dollars  or
   10  ten times the toll evaded whichever is greater.
   11    S  6.  Paragraphs (a), (b) and (d) of subdivision 7 of section 2985 of
   12  the public authorities law, as added by chapter 379 of the laws of 1992,
   13  are amended to read as follows:
   14    (a) A notice of liability shall be sent by first class  mail  to  each
   15  person  alleged  to  be  liable  as  an  owner  for  a violation of toll
   16  collection regulations. Such notice shall be mailed no later than [thir-
   17  ty] ONE HUNDRED TWENTY days after the alleged violation. Personal deliv-
   18  ery on the owner shall not be required. A manual or automatic record  of
   19  mailing prepared in the ordinary course of business shall be prima facie
   20  evidence of the mailing of the notice.
   21    (b)  A  notice  of liability shall contain the name and address of the
   22  person alleged to be  liable  as  an  owner  for  a  violation  of  toll
   23  collection regulations pursuant to this section, the registration number
   24  AND STATE OF REGISTRATION of the vehicle involved in such violation, the
   25  [location where such violation took place, the date and time] LOCATIONS,
   26  DATES AND TIMES of EACH USE OF THE FACILITY THAT FORMS THE BASIS OF such
   27  violation,  THE AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES,
   28  and the identification number of the [photo-monitoring] ELECTRONIC  TOLL
   29  COLLECTION  system  which recorded the [violation] VEHICLE BEING USED OR
   30  OPERATED ON THE TOLL FACILITY or other document locator number.
   31    (d) The notice of liability shall be prepared  and  mailed  by  OR  ON
   32  BEHALF OF the public authority having jurisdiction over the toll facili-
   33  ty where the violation of toll collection regulations occurred.
   34    S  7.  Subdivision 8 of section 2985 of the public authorities law, as
   35  added by chapter 379 of the laws of 1992, is amended to read as follows:
   36    8. Adjudication of the liability imposed upon owners by  this  section
   37  shall  be by the entity having jurisdiction over violations of the rules
   38  and regulations of the public authority serving the notice of  liability
   39  or  where  authorized  by  an administrative tribunal and all violations
   40  shall be heard and determined in the county in which  the  violation  is
   41  alleged  to  have  occurred, or in New York city and upon the consent of
   42  both parties, in any county within New York city  in  which  the  public
   43  authority  operates  or  maintains a facility, and in the same manner as
   44  charges of other regulatory  violations  of  such  public  authority  or
   45  pursuant to the rules and regulations of such administrative tribunal as
   46  the  case may be. THE ENTITY OR ADMINISTRATIVE TRIBUNAL THAT ADJUDICATES
   47  LIABILITY FOR A VIOLATION SHALL COLLECT THE FULL AMOUNT OF THE  ASSESSED
   48  TOLLS  AND  OTHER  CHARGES  AND FEES IN ADDITION TO THE MONETARY PENALTY
   49  OWED, AND SHALL PAY TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION  REGU-
   50  LATIONS  WERE  VIOLATED  THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER
   51  CHARGES AND FEES AND ONE-HALF OF THE MONETARY PENALTY.
   52    S 8. Subdivision 10 of section 2985 of the public authorities law,  as
   53  amended  by  chapter  666  of  the  laws  of 1993, is amended to read as
   54  follows:
   55    10. An owner who is a lessor  of  a  vehicle  to  which  a  notice  of
   56  [liability]  USE OF THE TOLL FACILITY BY SUCH VEHICLE was issued [pursu-
       S. 2008                            23                            A. 3008

    1  ant to subdivision seven of this section] shall not be liable  for  [the
    2  violation]  PAYMENT  of the [toll collection regulation] TOLLS AND OTHER
    3  CHARGES AND FEES provided that he or she sends to the  public  authority
    4  [serving  the    notice  of  liability  and to the court or other entity
    5  having jurisdiction] OR ITS DULY AUTHORIZED AGENT  FOR  THIS  PURPOSE  a
    6  copy  of the rental, lease or other such contract document covering such
    7  vehicle on the date of [the violation] USE OF THE  TOLL  FACILITY,  with
    8  the  name  and address of the lessee clearly legible, within thirty days
    9  after receiving the [original] FIRST notice of [liability]  USE  OF  THE
   10  TOLL  FACILITY BY SUCH VEHICLE.  Failure to send such information within
   11  such thirty day time period shall render the lessor liable  for  PAYMENT
   12  OF  the  TOLLS  AND OTHER CHARGES AND FEES AND ANY penalty prescribed by
   13  this section. Where the lessor complies  with  the  provisions  of  this
   14  subdivision,  the lessee of such vehicle on the date of such [violation]
   15  USE OF THE TOLL FACILITY shall be deemed to be the owner of such vehicle
   16  for purposes of this section and shall be [subject to liability for  the
   17  violation  of  toll  collection  regulations,  provided that] LIABLE FOR
   18  PAYMENT OF THE TOLLS AND OTHER CHARGES AND FEES, AND the public authori-
   19  ty [mails a] OR ITS DULY AUTHORIZED AGENT FOR THIS  PURPOSE  SHALL  SEND
   20  ANY  notice of liability to the lessee within [ten days after the court,
   21  or other entity having jurisdiction, deems the lessee to be  the  owner]
   22  ONE HUNDRED TWENTY DAYS AFTER THE VIOLATION IN ACCORDANCE WITH PARAGRAPH
   23  (A) OF SUBDIVISION SEVEN OF THIS SECTION.  FOR PURPOSES OF THIS SUBDIVI-
   24  SION  THE  TERM "NOTICE OF USE OF THE TOLL FACILITY" SHALL MEAN A NOTICE
   25  OF DELINQUENCY ISSUED PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION, OR
   26  A NOTICE OF VIOLATION ISSUED PURSUANT TO SUBDIVISION SEVENTEEN  OF  THIS
   27  SECTION,  OR  A  TOLL INVOICE SEEKING TO COLLECT TOLLS AND OTHER CHARGES
   28  ISSUED PURSUANT TO A TOLL COLLECTION REGULATION. For  purposes  of  this
   29  subdivision  the term "lessor" shall mean any person, corporation, firm,
   30  partnership, agency, association or organization engaged in the business
   31  of renting or leasing vehicles to any lessee under a  rental  agreement,
   32  lease or otherwise wherein the said lessee has the exclusive use of said
   33  vehicle  for  any  period of time. For purposes of this subdivision, the
   34  term "lessee" shall mean any  person,  corporation,  firm,  partnership,
   35  agency,  association or organization that rents, leases or contracts for
   36  the use of one or more vehicles and has exclusive use  thereof  for  any
   37  period of time.
   38    S  9. Subdivision 11 of section 2985 of the public authorities law, as
   39  added by chapter 379 of the laws of 1992, is amended to read as follows:
   40    11. Except as provided in subdivision ten of this section, if a person
   41  receives a notice of liability pursuant to this section it  shall  be  a
   42  valid  defense  to  an  allegation  of liability for a violation of toll
   43  collection regulations that the individual who received  the  notice  of
   44  liability  pursuant  to this section was not the owner of the vehicle at
   45  the time the [violation occurred] OBLIGATION FOR PAYMENT OF THE TOLL AND
   46  OTHER CHARGES WAS INCURRED.  If the owner liable for a violation of toll
   47  collection regulations pursuant to this section was not the operator  of
   48  the  vehicle  at  the  time  of the violation, the owner may maintain an
   49  action for indemnification against the operator.
   50    S 10. Subdivision 12 of section 2985 of the public authorities law, as
   51  added by chapter 379 of the laws of 1992, is amended to read as follows:
   52    12. "Electronic  toll  collection  system"  shall  mean  a  system  of
   53  collecting  tolls  or  OTHER  charges  [which  is capable of charging an
   54  account holder the appropriate toll or charge by transmission of  infor-
   55  mation  from  an  electronic device on a motor vehicle to the toll lane,
   56  which information is used to charge the account the appropriate toll  or
       S. 2008                            24                            A. 3008

    1  charge]  USING  ELECTRONIC  DATA AND IMAGES.  In adopting procedures for
    2  the preparation and mailing of a notice of liability, the public author-
    3  ity having jurisdiction over the toll facility shall adopt guidelines to
    4  ensure  adequate  and  timely  notice  to all electronic toll collection
    5  system account holders to inform them when  their  accounts  are  delin-
    6  quent.  An  owner  who  is  an  account holder under the electronic toll
    7  collection system shall not be found liable  for  a  violation  of  this
    8  section  unless such authority has first sent a notice of delinquency to
    9  such account holder and the account holder was in fact delinquent at the
   10  time of the violation.
   11    S 11. Section 2985 of the public authorities law is amended  by adding
   12  four new subdivisions 15, 16, 17 and 18 to read as follows:
   13    15.  IN ADDITION TO ANY MONETARY LIABILITY THAT MAY BE IMPOSED  PURSU-
   14  ANT  TO  THIS  SECTION, A PUBLIC AUTHORITY THAT OPERATES A TOLL HIGHWAY,
   15  BRIDGE OR TUNNEL FACILITY IS HEREBY AUTHORIZED AND EMPOWERED  TO  IMPOSE
   16  AN  ADMINISTRATIVE  FEE  OR  FEES ON AN OWNER, AN OPERATOR OR AN ACCOUNT
   17  HOLDER THAT HAS VIOLATED TOLL COLLECTION REGULATIONS.
   18    16. ANY NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION  BY  FIRST
   19  CLASS  MAIL  MAY  INSTEAD  BE SENT, WITH CONSENT, BY ELECTRONIC MEANS OF
   20  COMMUNICATION. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS
   21  PREPARED IN THIS ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE  EVIDENCE
   22  OF ELECTRONIC NOTICE.
   23    17. IN ADOPTING PROCEDURES FOR THE PREPARATION AND SENDING OF A NOTICE
   24  OF  LIABILITY,  THE  PUBLIC  AUTHORITY HAVING JURISDICTION OVER THE TOLL
   25  FACILITY SHALL ADOPT GUIDELINES TO ENSURE ADEQUATE AND TIMELY NOTICE  TO
   26  OWNERS  TO  INFORM  AN  OWNER  THAT  THE OWNER'S VEHICLE HAS USED A TOLL
   27  FACILITY WITHOUT PAYING THE TOLL IN VIOLATION OF  THE  RULES  AND  REGU-
   28  LATIONS  OF THE PUBLIC AUTHORITY. AN OWNER SHALL NOT BE FOUND LIABLE FOR
   29  A VIOLATION OF THIS SECTION UNLESS  SUCH  AUTHORITY  HAS  FIRST  SENT  A
   30  NOTICE OF VIOLATION TO SUCH OWNER.
   31    18. THE NEW YORK STATE THRUWAY AUTHORITY AND THE NEW YORK STATE BRIDGE
   32  AUTHORITY  ARE AUTHORIZED TO ADOPT RULES AND REGULATIONS TO ESTABLISH AN
   33  ADMINISTRATIVE TRIBUNAL  TO  ADJUDICATE  THE  LIABILITY  OF  OWNERS  FOR
   34  VIOLATION OF TOLL COLLECTION REGULATIONS AS DEFINED IN AND IN ACCORDANCE
   35  WITH  THE PROVISIONS OF THIS SECTION AND THE APPLICABLE TOLL REGULATIONS
   36  OF SUCH AUTHORITIES. SUCH TRIBUNAL SHALL HAVE, WITH RESPECT TO VIOLATION
   37  OF TOLL COLLECTION REGULATIONS OF SUCH AUTHORITIES, NON-EXCLUSIVE JURIS-
   38  DICTION OVER VIOLATIONS OF THE RULES AND REGULATIONS WHICH MAY FROM TIME
   39  TO TIME BE ESTABLISHED  BY  SUCH  AUTHORITIES  IN  ACCORDANCE  WITH  THE
   40  PROVISIONS  OF THIS SECTION. VIOLATIONS SHALL BE HEARD AND DETERMINED IN
   41  THE COUNTY IN WHICH THE VIOLATION IS ALLEGED TO HAVE OCCURRED OR IN  THE
   42  COUNTY  IN WHICH THE PUBLIC AUTHORITY HAS ITS PRIMARY OR REGIONAL ADMIN-
   43  ISTRATIVE OFFICES AND REGULATIONS MAY PROVIDE FOR THE CONDUCT  OF  HEAR-
   44  INGS VIA VIDEOCONFERENCING.
   45    S  12.  Subdivision  2  of  section  87  of the public officers law is
   46  amended by adding a new paragraph (o) to read as follows:
   47    (O) ARE DATA OR IMAGES  PRODUCED  BY  AN  ELECTRONIC  TOLL  COLLECTION
   48  SYSTEM  UNDER AUTHORITY OF SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE
   49  OF THE PUBLIC AUTHORITIES LAW.
   50    S 13. Subdivision 4-d of section 510 of the vehicle and  traffic  law,
   51  as  added  by  chapter  379  of  the laws of 1992, is amended to read as
   52  follows:
   53    4-d. Suspension of registration for failure to answer or pay penalties
   54  with respect to certain violations. Upon the receipt of a  notification,
   55  IN  THE  MANNER  AND  FORM  PRESCRIBED BY THE COMMISSIONER, from a court
   56  [or], an administrative tribunal,  A  PUBLIC  AUTHORITY,  OR  ANY  OTHER
       S. 2008                            25                            A. 3008

    1  PUBLIC  ENTITY  IMPOSING  VIOLATIONS,  that  an owner of a motor vehicle
    2  failed to appear on the  return  date  or  dates  or  a  new  subsequent
    3  adjourned  date or dates or failed to pay any penalty imposed by a court
    4  or  failed to comply with the rules and regulations of an administrative
    5  tribunal following entry of a final decision or decisions,  in  response
    6  to  [five]  THREE  or more notices of liability or other process, issued
    7  within an eighteen month period FROM ANY AND ALL JURISDICTIONS  charging
    8  such owner with a violation of toll collection regulations in accordance
    9  with  the provisions of section two thousand nine hundred eighty-five of
   10  the  public  authorities  law  or  sections  sixteen-a,  sixteen-b   and
   11  sixteen-c  of chapter seven hundred seventy-four of the laws of nineteen
   12  hundred fifty, AND THAT THE OWNER HAS BEEN GIVEN WRITTEN NOTICE THAT THE
   13  COURT, ADMINISTRATIVE TRIBUNAL, PUBLIC AUTHORITY  OR  ANY  OTHER  PUBLIC
   14  ENTITY  IS  SEEKING  TO  HAVE  THE COMMISSIONER OR HIS OR HER AGENT TAKE
   15  ACTION HEREUNDER, the commissioner or his OR HER agent shall suspend the
   16  registration of the vehicle or vehicles involved in the violation or the
   17  privilege of operation of any motor vehicle  owned  by  the  registrant.
   18  Such suspension shall take effect no less than thirty days from the date
   19  on  which notice thereof is sent by the commissioner to the person whose
   20  registration or privilege is suspended and shall remain in effect  until
   21  such registrant has appeared in response to such notices of liability or
   22  has  paid such penalty or in the case of an administrative tribunal, the
   23  registrant has complied with the rules  and  regulations  following  the
   24  entry of a final decision or decisions.
   25    S  14. Subdivision 8 of section 402 of the vehicle and traffic law, as
   26  amended by chapter 61 of the laws of 1989 and as renumbered  by  chapter
   27  648  of the laws of 2006, is amended and a new subdivision 9 is added to
   28  read as follows:
   29    8. [The] EXCEPT AS PROVIDED IN SUBDIVISION NINE OF THIS  SECTION,  THE
   30  violation of this section shall be punishable by a fine of not less than
   31  twenty-five nor more than two hundred dollars.
   32    9.  THE  VIOLATION  OF  THIS  SECTION ON A TOLL HIGHWAY, BRIDGE AND/OR
   33  TUNNEL FACILITY SHALL BE PUNISHABLE BY A  FINE  OF  NOT  LESS  THAN  ONE
   34  HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS.
   35    S 15. Subdivision 5-a of section 401 of the vehicle and traffic law is
   36  amended by adding a new paragraph b-1 to read as follows:
   37    B-1. IF AT THE TIME OF APPLICATION FOR A REGISTRATION OR RENEWAL THER-
   38  EOF  THERE  IS A CERTIFICATION, IN THE MANNER AND FORM PRESCRIBED BY THE
   39  COMMISSIONER, FROM A COURT, AN ADMINISTRATIVE TRIBUNAL, A PUBLIC AUTHOR-
   40  ITY OR ANY OTHER PUBLIC ENTITY IMPOSING VIOLATIONS, THAT THE  REGISTRANT
   41  OR  HIS  OR  HER  REPRESENTATIVE  FAILED TO APPEAR ON THE RETURN DATE OR
   42  DATES OR A NEW SUBSEQUENT ADJOURNED DATE OR DATES OR FAILED TO  PAY  ANY
   43  PENALTY  IMPOSED BY A COURT OR FAILED TO COMPLY WITH THE RULES AND REGU-
   44  LATIONS OF AN ADMINISTRATIVE TRIBUNAL FOLLOWING ENTRY OF A  FINAL  DECI-
   45  SION  OR DECISIONS, IN RESPONSE TO THREE OR MORE NOTICES OF LIABILITY OR
   46  OTHER PROCESS, ISSUED WITHIN AN EIGHTEEN MONTH PERIOD FROM ANY  AND  ALL
   47  JURISDICTIONS   CHARGING  SUCH  REGISTRANT  WITH  A  VIOLATION  OF  TOLL
   48  COLLECTION REGULATIONS IN ACCORDANCE WITH THE PROVISIONS OF SECTION  TWO
   49  THOUSAND  NINE  HUNDRED  EIGHTY-FIVE  OF  THE  PUBLIC AUTHORITIES LAW OR
   50  SECTIONS SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C  OF  CHAPTER  SEVEN  HUNDRED
   51  SEVENTY-FOUR  OF THE LAWS OF NINETEEN HUNDRED FIFTY, AND THAT THE REGIS-
   52  TRANT HAS BEEN GIVEN  WRITTEN  NOTICE  THAT  THE  COURT,  ADMINISTRATIVE
   53  TRIBUNAL, PUBLIC AUTHORITY OR ANY OTHER PUBLIC ENTITY IS SEEKING TO HAVE
   54  THE  COMMISSIONER OR HIS OR HER AGENT TAKE ACTION HEREUNDER, THE COMMIS-
   55  SIONER OR HIS OR HER AGENT SHALL DENY THE REGISTRATION OR RENEWAL APPLI-
   56  CATION UNTIL THE APPLICANT PROVIDES PROOF FROM THE COURT OR  ADMINISTRA-
       S. 2008                            26                            A. 3008

    1  TIVE  TRIBUNAL  WHEREIN  THE  CHARGES  ARE PENDING THAT AN APPEARANCE OR
    2  ANSWER HAS BEEN MADE OR IN THE CASE OF AN ADMINISTRATIVE  TRIBUNAL  THAT
    3  HE  OR  SHE HAS COMPLIED WITH THE RULES AND REGULATIONS OF SAID TRIBUNAL
    4  FOLLOWING  ENTRY  OF  A  FINAL  DECISION. WHERE AN APPLICATION IS DENIED
    5  PURSUANT  TO  THIS  SECTION,  THE  COMMISSIONER  MAY,  IN  HIS  OR   HER
    6  DISCRETION,  DENY  A  REGISTRATION  OR  RENEWAL APPLICATION TO ANY OTHER
    7  PERSON FOR THE SAME VEHICLE AND  MAY  DENY  A  REGISTRATION  OR  RENEWAL
    8  APPLICATION  FOR  ANY  OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE
    9  APPLICANT WHERE THE COMMISSIONER HAS DETERMINED THAT  SUCH  REGISTRANT'S
   10  INTENT  HAS BEEN TO EVADE THE PURPOSES OF THIS SUBDIVISION AND WHERE THE
   11  COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR
   12  RENEWAL WILL HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS  SUBDIVI-
   13  SION.  SUCH  DENIAL SHALL ONLY REMAIN IN EFFECT AS LONG AS THE SUMMONSES
   14  REMAIN UNANSWERED, OR IN THE CASE OF  AN  ADMINISTRATIVE  TRIBUNAL,  THE
   15  REGISTRANT  FAILS  TO  COMPLY  WITH  THE RULES AND REGULATIONS FOLLOWING
   16  ENTRY OF A FINAL DECISION.
   17    S 16. The vehicle and traffic law is amended by adding a  new  section
   18  518 to read as follows:
   19    S 518. RECIPROCAL AGREEMENTS CONCERNING SUSPENSION OR DENIAL OF REGIS-
   20  TRATION  OF  A  MOTOR  VEHICLE  FOR  VIOLATIONS OF TOLL COLLECTION REGU-
   21  LATIONS. 1. THE COMMISSIONER MAY EXECUTE A RECIPROCAL COMPACT OR  AGREE-
   22  MENT  REGARDING  TOLL  COLLECTION  VIOLATIONS  WITH  THE  MOTOR  VEHICLE
   23  ADMINISTRATOR OR OTHER AUTHORIZED OFFICIAL OF ANOTHER STATE  NOT  INCON-
   24  SISTENT  WITH  THE PROVISIONS OF THIS CHAPTER. SUCH COMPACT OR AGREEMENT
   25  SHALL PROVIDE THAT IF  A  REGISTRATION  OF  A  MOTOR  VEHICLE  WOULD  BE
   26  SUSPENDED  PURSUANT TO SUBDIVISION FOUR-D OF SECTION FIVE HUNDRED TEN OF
   27  THIS ARTICLE, OR PURSUANT TO A COMPARABLE LAW OR REGULATION  OF  ANOTHER
   28  STATE,  OR  IF  THE  REGISTRATION OR RENEWAL OF A MOTOR VEHICLE WOULD BE
   29  DENIED PURSUANT TO SUBDIVISION FIVE-A OF SECTION  FOUR  HUNDRED  ONE  OF
   30  THIS  CHAPTER,  OR PURSUANT TO A COMPARABLE LAW OR REGULATION OF ANOTHER
   31  STATE, BECAUSE AN OWNER OF A MOTOR VEHICLE (A)  FAILED  TO  APPEAR,  (B)
   32  FAILED  TO  PAY  ANY PENALTY IMPOSED BY A COURT, OR (C) FAILED TO COMPLY
   33  WITH THE RULES AND REGULATIONS OF AN ADMINISTRATIVE  TRIBUNAL  FOLLOWING
   34  ENTRY  OF  A  FINAL  DECISION  IN  RESPONSE  TO THREE OR MORE NOTICES OF
   35  LIABILITY OF OTHER PROCESS ISSUED WITHIN  AN  EIGHTEEN-MONTH  PERIOD  IN
   36  ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION TWO THOUSAND NINE HUNDRED
   37  EIGHTY-FIVE OF THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  ONE  THROUGH
   38  SIXTEEN  AND SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN HUNDRED
   39  SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, OR WITH ANY COMPARA-
   40  BLE LAW OR REGULATION OF ANOTHER  STATE,  THEN  THE  STATE  ISSUING  THE
   41  REGISTRATION  SHALL LIKEWISE SUSPEND THE REGISTRATION OR DENY THE REGIS-
   42  TRATION OR RENEWAL, UNTIL SUCH REGISTRANT OR APPLICANT HAS  APPEARED  IN
   43  RESPONSE  TO SUCH NOTICES OF LIABILITY, OR HAS PAID SUCH PENALTY, OR, IN
   44  THE CASE OF AN ADMINISTRATIVE TRIBUNAL, THE REGISTRANT OR APPLICANT  HAS
   45  COMPLIED  WITH  THE RULES AND REGULATIONS FOLLOWING THE ENTRY OF A FINAL
   46  DECISION OR DECISIONS.
   47    2. SUCH COMPACT OR AGREEMENT SHALL ALSO PROVIDE SUCH TERMS AND  PROCE-
   48  DURES AS ARE NECESSARY AND PROPER TO FACILITATE ITS ADMINISTRATION.  ANY
   49  SUCH  COMPACT  OR  AGREEMENT SHALL SPECIFY THE VIOLATIONS SUBJECT TO THE
   50  COMPACT OR AGREEMENT, AND SHALL INCLUDE A  DETERMINATION  OF  COMPARABLE
   51  VIOLATIONS  IN  EACH STATE IF ANY SUCH VIOLATIONS ARE OF A SUBSTANTIALLY
   52  SIMILAR NATURE BUT ARE NOT DENOMINATED OR  DESCRIBED  IN  PRECISELY  THE
   53  SAME WORDS IN EACH PARTY STATE.
   54    3.  THE  WORD  "STATE" WHEN USED IN THIS SECTION SHALL MEAN ANY STATE,
   55  TERRITORY, A POSSESSION OF THE UNITED STATES, DISTRICT  OF  COLUMBIA  OR
   56  ANY PROVINCE OF CANADA.
       S. 2008                            27                            A. 3008

    1    S  17.  Paragraph b of subdivision 2 of section 240 of the vehicle and
    2  traffic law, as added by chapter 715 of the laws of 1972, is amended  to
    3  read as follows:
    4    b.  No  charge  may  be  established  except upon proof by substantial
    5  evidence; EXCEPT THAT FOR AN ALLEGATION OF LIABILITY IN ACCORDANCE  WITH
    6  SECTION  TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES
    7  LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B  AND  SIXTEEN-C  OF  CHAPTER  SEVEN
    8  HUNDRED  SEVENTY-FOUR  OF  THE LAWS OF NINETEEN HUNDRED FIFTY, NO CHARGE
    9  MAY BE ESTABLISHED EXCEPT UPON PROOF BY  PREPONDERANCE  OF  EVIDENCE  AS
   10  SUBMITTED.
   11    S  18. Subdivision 10 of section 1209-a of the public authorities law,
   12  as amended by chapter 379 of the laws of 1992, is  amended  to  read  as
   13  follows:
   14    10.  Funds. [All] EXCEPT FOR PENALTIES, EVADED TOLLS AND OTHER CHARGES
   15  COLLECTED AND PAID TO THE TRIBOROUGH  BRIDGE  AND  TUNNEL  AUTHORITY  IN
   16  ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION TWO THOUSAND NINE HUNDRED
   17  EIGHTY-FIVE OF THIS CHAPTER, ALL penalties  collected  pursuant  to  the
   18  provisions  of this section shall be paid to the authority to the credit
   19  of a transit crime fund which the authority shall establish. Any sums in
   20  this fund shall be used to pay for programs selected by the board of the
   21  authority, in its discretion, to reduce  the  incidence  of  crimes  and
   22  infractions on transit facilities, or to improve the enforcement of laws
   23  against  such crimes and infractions. Such funds shall be in addition to
   24  and not in substitution for any funds provided by the state or the  city
   25  of New York for such purposes.
   26    S  19.  Section  1209-a  of  the  public authorities law is amended by
   27  adding a new subdivision 11 to read as follows:
   28    11. NOTICE. ANY NOTICE OR COMMUNICATION REQUIRED TO BE  SENT  PURSUANT
   29  TO THIS SECTION BY REGISTERED MAIL OR CERTIFIED MAIL MAY INSTEAD BE SENT
   30  BY  FIRST  CLASS  MAIL OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNI-
   31  CATION.
   32    S 20. Section 2 of chapter 774 of the laws of 1950, relating to agree-
   33  ing with the state of New Jersey with respect to rules  and  regulations
   34  governing  traffic  on  vehicular  crossings operated by the port of New
   35  York authority, is amended to read as follows:
   36    S 2. No traffic shall be permitted  in  or  upon  vehicular  crossings
   37  except upon the payment of such tolls and other charges as may from time
   38  to time be prescribed by the port authority. It is hereby declared to be
   39  unlawful  for  any person to refuse to pay, or to evade or to attempt to
   40  evade the payment of such tolls or other charges.  THE OBLIGATION TO PAY
   41  SUCH TOLLS AND OTHER CHARGES IS INCURRED AT THE TIME OF  ENTRY  INTO  OR
   42  USE OF THE PARTICULAR VEHICULAR CROSSING.
   43    S  21.  Section  16-a  of chapter 774 of the laws of 1950, relating to
   44  agreeing with the state of New Jersey with respect to  rules  and  regu-
   45  lations governing traffic on vehicular crossings operated by the port of
   46  New  York  authority,  as  added  by chapter 379 of the laws of 1992, is
   47  amended to read as follows:
   48    S 16-a. Owner liability for failure of operator to  comply  with  toll
   49  collection  regulations of the port authority. Notwithstanding any other
   50  provision of law and in accordance  with  the  provisions  of  [section]
   51  SECTIONS  16-b  AND  16-C of this act, an owner of a vehicle may be held
   52  liable for failure of an  operator  thereof  to  comply  with  the  toll
   53  collection  regulations of the port authority of New York and New Jersey
   54  (hereinafter called port authority). The owner of  a  vehicle  shall  be
   55  liable  pursuant  to  this  section if such vehicle was used or operated
   56  with the permission of the owner, express or implied,  in  violation  of
       S. 2008                            28                            A. 3008

    1  the  toll  collection  regulations  of  the  port  authority,  and  such
    2  violation is evidenced by information obtained from  a  photo-monitoring
    3  system,  provided,  however,  that no owner of a vehicle shall be liable
    4  where  the operator of such vehicle has been convicted of a violation of
    5  those toll collection regulations for the same incident.
    6    S 22. Section 16-b of chapter 774 of the laws  of  1950,  relating  to
    7  agreeing  with  the  state of New Jersey with respect to rules and regu-
    8  lations governing traffic on vehicular crossings operated by the port of
    9  New York authority, as added by chapter 379 of the laws of 1992,  subdi-
   10  vision  f  as  amended by chapter 666 of the laws of 1993, is amended to
   11  read as follows:
   12    S 16-b. Imposition of liability for failure of operator to comply with
   13  toll collection regulations of the port  authority.  The  liability  set
   14  forth  in section 16-a of this act, shall be imposed upon an owner for a
   15  violation by an operator of the toll collection regulations of the  port
   16  authority  occurring  within  the territorial limits of the state of New
   17  York in accordance with the following:
   18    a. For the purposes of this section AND SECTIONS 16-A AND 16-C OF THIS
   19  ACT, the term "owner" shall mean any person,  corporation,  partnership,
   20  firm,  agency, association, lessor, or organization who, [at the time of
   21  the violation in any city in which a vehicle is operated] WHEN THE OBLI-
   22  GATION TO PAY THE TOLL IS INCURRED:  (i) is the beneficial or  equitable
   23  owner  of  such  vehicle; or (ii) has title to such vehicle; or (iii) is
   24  the registrant or co-registrant of such vehicle which is registered with
   25  the department of motor vehicles of  this  state  or  any  other  state,
   26  territory,  district,  province,  nation  or other jurisdiction; or (iv)
   27  subject to the limitations set forth in subdivision f of  this  section,
   28  uses  such  vehicle  in its vehicle renting and/or leasing business; and
   29  includes (v) a person entitled to the use and possession  of  a  vehicle
   30  subject  to  a  security interest in another person. For the purposes of
   31  this section, the term "operator" shall mean  any  person,  corporation,
   32  firm, partnership, agency, association, organization or lessee that uses
   33  or  operates  a vehicle with or without the permission of the owner, and
   34  an owner who operates his or her own vehicle.    FOR  PURPOSES  OF  THIS
   35  SECTION  AND  SECTION  16-A  OF  THIS  ACT,  THE  TERM  "ELECTRONIC TOLL
   36  COLLECTION SYSTEM" SHALL MEAN A SYSTEM FOR  COLLECTING  TOLLS  OR  OTHER
   37  CHARGES  USING ELECTRONIC DATA AND IMAGES. For purposes of this section,
   38  the term "photo-monitoring system" shall mean a vehicle sensor installed
   39  to work in conjunction with a toll collection  facility  which  automat-
   40  ically produces one or more photographs, one or more microphotographs, a
   41  videotape,  or  other  recorded images of each vehicle at the time it is
   42  used or operated in [violation of the toll collection regulations of the
   43  port authority] OR UPON VEHICULAR CROSSINGS OPERATED BY THE PORT AUTHOR-
   44  ITY. For purposes of this section AND SECTIONS 16-A  AND  16-C  OF  THIS
   45  ACT,  the term "toll collection regulations of the port authority" shall
   46  refer to the traffic  regulations  for  interstate  vehicular  crossings
   47  operated by the port authority as set forth in this chapter and in chap-
   48  ter 192 of the laws of New Jersey of 1950, and specifically that section
   49  of the laws which prohibits traffic in or upon vehicular crossings oper-
   50  ated  by  the  port  authority except upon the payment of such tolls and
   51  other charges as may from time to time be prescribed by the port author-
   52  ity and which further makes it unlawful for any person to refuse to pay,
   53  or to evade or to attempt to evade the payment of such  tolls  or  other
   54  charges.  For purposes of this section AND SECTION 16-A OF THIS ACT, the
   55  term "vehicle" shall mean every device in, upon, or by which a person or
       S. 2008                            29                            A. 3008

    1  property  is  or  may  be  transported  or drawn upon a highway[, except
    2  devices used exclusively upon stationary rails or tracks].
    3    b. A certificate, sworn to or affirmed by an agent of the port author-
    4  ity,  or  a  facsimile  thereof,  based upon inspection of [photographs,
    5  microphotographs, videotape or other recorded  images]  DATA  OR  IMAGES
    6  produced  by  [a photo-monitoring system] ITS ELECTRONIC TOLL COLLECTION
    7  SYSTEM OR OTHER RECORDS MAINTAINED BY OR ON BEHALF OF THE PORT AUTHORITY
    8  REGARDING TOLL VIOLATIONS shall be prima facie  evidence  of  the  facts
    9  contained  therein  and shall be admissible in any proceeding charging a
   10  violation of toll collection regulations of the port authority, provided
   11  that any [photographs, microphotographs,  videotape  or  other  recorded
   12  images]  SUCH DATA, IMAGES, OR RECORDS evidencing such a violation shall
   13  be available for inspection and admission into evidence in any  proceed-
   14  ing to adjudicate the liability for such violation.
   15    c.  An imposition of liability pursuant to this section shall be based
   16  upon a preponderance of evidence as submitted. An imposition of  liabil-
   17  ity  pursuant  to  this  section  shall not be deemed a conviction of an
   18  operator and shall not be made  part  of  the  motor  vehicle  operating
   19  record,  furnished  pursuant  to  section 354 of the vehicle and traffic
   20  law, of the person upon whom such liability is imposed nor shall  it  be
   21  used  for insurance purposes in the provision of motor vehicle insurance
   22  coverage.
   23    d. (i) A notice of liability shall be sent by  first  class  mail  OR,
   24  WITH  CONSENT,  BY  ELECTRONIC  MEANS  OF  COMMUNICATION  to each person
   25  alleged to be liable [as an owner] for  a  violation  pursuant  to  this
   26  section  of  the toll collection regulations of the port authority. Such
   27  notice shall be [mailed] SENT no later than [thirty] ONE HUNDRED  TWENTY
   28  days after the alleged violation. Personal delivery [on the owner] shall
   29  not  be  required. A manual or automatic record of [mailing] SENDING THE
   30  NOTICE prepared in the ordinary course of business shall be prima  facie
   31  evidence of the [mailing] SENDING of the notice.
   32    (ii)  A  notice of liability shall contain the name and address of the
   33  person alleged to be liable [as an owner] for a violation  of  the  toll
   34  collection  regulations  of the port authority pursuant to this section,
   35  the registration  number  AND  STATE  OF  REGISTRATION  of  the  vehicle
   36  involved  in  such  violation,  the  [location where such violation took
   37  place, the date and time] LOCATIONS, DATES AND TIMES OF EACH USE OF  THE
   38  VEHICULAR CROSSING THAT FORMS THE BASIS of such violation, THE AMOUNT OF
   39  THE  ASSESSED  TOLLS AND OTHER CHARGES, and the identification number of
   40  the [photo-monitoring system] ELECTRONIC TOLL  COLLECTION  SYSTEM  which
   41  recorded the [violation] USE or other document locator number.
   42    (iii)  The  notice of liability shall contain information advising the
   43  person charged of the manner and the time in which he  may  contest  the
   44  liability  alleged  in  the  notice. Such notice of liability shall also
   45  contain a warning to advise the persons charged that failure to  contest
   46  in  the manner and time provided shall be deemed an admission of liabil-
   47  ity and that a default judgment may be entered thereon.
   48    (iv) The notice of liability shall be prepared and  [mailed]  SENT  by
   49  the port authority or its duly authorized agent.
   50    e. If an owner receives a notice of liability pursuant to this section
   51  for  any time period during which the vehicle was reported to the police
   52  department as having been stolen, it shall be  a  valid  defense  to  an
   53  allegation  of  liability  for  a violation of the toll collection regu-
   54  lations of the port authority that the vehicle had been reported to  the
   55  police  as  stolen  prior to the time the violation occurred and had not
   56  been recovered by such time. If an owner receives a notice of  liability
       S. 2008                            30                            A. 3008

    1  pursuant  to  this  section for any time period during which the vehicle
    2  was stolen, but not as yet reported to the police as having been stolen,
    3  it shall be a  valid  defense  to  an  allegation  of  liability  for  a
    4  violation  of toll collection regulations of the port authority pursuant
    5  to this section that the vehicle was reported as stolen within two hours
    6  after discovery of the theft by the owner. For purposes of asserting the
    7  defense provided by this subdivision, it  shall  be  sufficient  that  a
    8  certified  copy  of  the  police report on the stolen vehicle be sent by
    9  first class mail to the court or other entity having jurisdiction.
   10    f. An owner, as defined in subdivision a of this  section,  who  is  a
   11  lessor  of a vehicle to which a notice of [liability] USE OF THE VEHICU-
   12  LAR CROSSING BY SUCH VEHICLE was issued [pursuant to  subdivision  d  of
   13  this  section]  shall  not be liable [pursuant to this section] for [the
   14  violation of the toll collection  regulations  of  the  port  authority]
   15  PAYMENT  OF THE TOLLS AND OTHER CHARGES AND FEES provided that he or she
   16  sends to the port authority [serving the notice of liability and to  the
   17  court  or other entity having jurisdiction] OR ITS DULY AUTHORIZED AGENT
   18  FOR THIS PURPOSE a copy of the rental,  lease  or  other  such  contract
   19  document covering such vehicle on the date of the [violation] USE OF THE
   20  VEHICULAR  CROSSING,  with  the  name  and address of the lessee clearly
   21  legible, within thirty days after receiving from the port  authority  or
   22  its  duly  authorized  agent  [the  original] FOR THIS PURPOSE THE FIRST
   23  notice of [liability] USE OF THE VEHICULAR  CROSSING  BY  SUCH  VEHICLE.
   24  Failure  to  send  such  information  within such thirty day time period
   25  shall render the lessor liable for PAYMENT OF the TOLLS AND OTHER CHARG-
   26  ES AND FEES AND ANY penalty prescribed by this section. Where the lessor
   27  complies with the provisions of this subdivision,  the  lessee  of  such
   28  vehicle  on  the  date of such [violation] USE OF THE VEHICULAR CROSSING
   29  shall be deemed to be the owner of such vehicle  for  purposes  of  this
   30  section  and  shall  be  [subject to liability for the violation of toll
   31  collection regulations of the port authority provided that]  LIABLE  FOR
   32  PAYMENT  OF THE TOLLS AND OTHER CHARGES AND FEES, AND the port authority
   33  or its duly authorized agent [mails a] SHALL SEND ANY notice of  liabil-
   34  ity  to  the  lessee  within  [ten days after the court, or other entity
   35  having jurisdiction, deems the lessee to be the owner] ONE HUNDRED TWEN-
   36  TY DAYS AFTER THE VIOLATION IN ACCORDANCE WITH  SUBDIVISION  D  OF  THIS
   37  SECTION.    FOR  PURPOSES OF THIS SUBDIVISION THE TERM "NOTICE OF USE OF
   38  THE VEHICULAR CROSSING" SHALL MEAN A NOTICE OF DELINQUENCY OR  A  NOTICE
   39  OF  VIOLATION ISSUED PURSUANT TO SUBDIVISION H OF THIS SECTION OR A TOLL
   40  INVOICE SEEKING TO COLLECT TOLLS AND OTHER CHARGES  ISSUED  PURSUANT  TO
   41  TOLL  COLLECTION REGULATIONS OF THE PORT AUTHORITY. For purposes of this
   42  subdivision the term "lessor" shall mean any person, corporation,  firm,
   43  partnership, agency, association or organization engaged in the business
   44  of  renting  or leasing vehicles to any lessee under a rental agreement,
   45  lease or otherwise wherein the said lessee has the exclusive use of said
   46  vehicle for any period of time. For the purposes  of  this  subdivision,
   47  the term "lessee" shall mean any person, corporation, firm, partnership,
   48  agency,  association or organization that rents, leases or contracts for
   49  the use of one or more vehicles and has exclusive use  thereof  for  any
   50  period of time.
   51    g.  Except  as  provided in subdivision f of this section, if a person
   52  receives a notice of liability pursuant to this section it  shall  be  a
   53  valid  defense  to  an  allegation  of liability for a violation of toll
   54  collection regulations of the port authority  that  the  individual  who
   55  received  the  notice  of liability pursuant to this section was not the
   56  owner of the vehicle at the time the [violation] USE  OF  THE  VEHICULAR
       S. 2008                            31                            A. 3008

    1  CROSSING  occurred.  If  the  owner  liable  for a violation of the toll
    2  collection regulations of the port authority pursuant  to  this  section
    3  was  not  the operator of the vehicle at the time of the [violation] USE
    4  OF THE VEHICULAR CROSSING, the owner may maintain an action for indemni-
    5  fication  against the operator. The operator of the vehicle may apply to
    6  the court or other entity having jurisdiction to adjudicate the  liabil-
    7  ity  imposed  under  this  section  to  accept  responsibility  for  the
    8  violation and satisfactorily discharge all  applicable  tolls,  charges,
    9  FEES, and penalties related to the violation.
   10    h.  ["Electronic  toll  collection  system"  shall  mean  a  system of
   11  collecting tolls or charges which is  capable  of  charging  an  account
   12  holder  the  appropriate  toll  or charge by transmission of information
   13  from an electronic device on a motor vehicle to  the  toll  lane,  which
   14  information  is  used  to  charge  the  account  the appropriate toll or
   15  charge.] In adopting procedures for the preparation and [mailing]  SEND-
   16  ING  of a notice of liability, the port authority or its duly authorized
   17  agent shall adopt guidelines [to ensure] FOR SENDING BY FIRST CLASS MAIL
   18  OR, WITH CONSENT, BY ELECTRONIC MEANS  OF  COMMUNICATION,  adequate  and
   19  timely  notice  to all electronic toll collection system account holders
   20  to inform them when their accounts are delinquent AS  WELL  AS  ADEQUATE
   21  AND  TIMELY NOTICE TO OWNERS TO INFORM AN OWNER THAT THE OWNER'S VEHICLE
   22  HAS USED A VEHICULAR CROSSING WITHOUT PAYING THE TOLL  IN  VIOLATION  OF
   23  THE  TOLL  COLLECTION  REGULATIONS OF THE PORT AUTHORITY. AN OWNER SHALL
   24  NOT BE FOUND LIABLE FOR A VIOLATION OF THIS SECTION UNLESS SUCH AUTHORI-
   25  TY OR ITS DULY AUTHORIZED AGENT HAS FIRST SENT A NOTICE OF VIOLATION  TO
   26  SUCH  OWNER. An owner who is an account holder under the electronic toll
   27  collection system shall not be found liable  for  a  violation  of  this
   28  section  unless such authority has first sent a notice of delinquency to
   29  such account holder and the account holder was in fact delinquent at the
   30  time of the violation.
   31    i. Nothing in this section shall be construed to limit  the  liability
   32  of  an  operator  of OR THE ACCOUNT HOLDER ASSOCIATED WITH a vehicle for
   33  any violation of the toll collection regulations of the port  authority.
   34  Nothing  in  this section shall authorize or preclude the port authority
   35  from excluding from any of its facilities, in its sole  discretion,  any
   36  or  all  vehicles found liable under this section as well as other vehi-
   37  cles owned or operated by the owner or operator  of  OR  ACCOUNT  HOLDER
   38  ASSOCIATED WITH such vehicle.
   39    j. Notwithstanding any other provision of law, all photographs, micro-
   40  photographs,  videotape  or  other  recorded images prepared pursuant to
   41  this section shall be for the exclusive use of the port authority in the
   42  discharge of its duties under this section and shall not be open to  the
   43  public  nor  be  used  in  any court in any action or proceeding pending
   44  therein unless such action or proceeding relates to the imposition of or
   45  indemnification for liability pursuant to this section. The port author-
   46  ity or its duly authorized agent shall  not  sell,  distribute  or  make
   47  available  in  any  way,  the  names  and  addresses  of electronic toll
   48  collection system account holders,  or  any  information  compiled  from
   49  transactions  with  such  account holders, without such account holders'
   50  consent to any entity that will use such information for any  commercial
   51  purpose  provided  that the foregoing restriction shall not be deemed to
   52  preclude the exchange of such  information  between  any  entities  with
   53  jurisdiction  over  and or operating a toll highway bridge and/or tunnel
   54  facility.
   55    S 23. Section 16-c of chapter 774 of the laws  of  1950,  relating  to
   56  agreeing  with  the  state of New Jersey with respect to rules and regu-
       S. 2008                            32                            A. 3008

    1  lations governing traffic on vehicular crossings operated by the port of
    2  New York authority, as added by chapter 379 of  the  laws  of  1992,  is
    3  amended to read as follows:
    4    S  16-c.  Adjudication  of  liability.  Adjudication  of the liability
    5  imposed upon an owner by section 16-a of this act for a violation of the
    6  toll collection regulations of the port authority occurring  within  the
    7  territorial  limits of the state of New York shall be in accordance with
    8  the vehicle and traffic law of New York as set forth  in  sections  235,
    9  236,  237, 239, 240, 241, 242, 401, 402, 510 and 1809 of such law, or by
   10  such entity having jurisdiction over violations of the  toll  collection
   11  regulations  of  the  port  authority  occurring  within the territorial
   12  limits of the state of New York, provided that all violations  shall  be
   13  heard and determined in the county in which [the violation is alleged to
   14  have occurred, or by consent of both parties,] OBLIGATION FOR PAYMENT OF
   15  THE  TOLLS  OR OTHER CHARGES WAS INCURRED, OR in any county in the state
   16  of New York in which the port authority operates or maintains a  facili-
   17  ty. An owner found liable for a violation of toll collection regulations
   18  pursuant  to  this section shall for a first violation thereof be liable
   19  for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND  FEES  IN
   20  ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED dollars
   21  or  two  times  the  toll  evaded  whichever  is  greater;  for a second
   22  violation thereof both within eighteen months be  liable  for  THE  FULL
   23  AMOUNT  OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
   24  monetary penalty not to exceed [one] TWO hundred dollars or  five  times
   25  the  toll  evaded  whichever  is  greater;  for  a  third  or subsequent
   26  violation thereof all within eighteen months  be  liable  for  THE  FULL
   27  AMOUNT  OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
   28  monetary penalty not to exceed [one] THREE hundred  [fifty]  dollars  or
   29  ten  times the toll evaded whichever is greater.  THE FULL AMOUNT OF THE
   30  ASSESSED TOLLS AND OTHER CHARGES AND FEES AND ONE-HALF OF SUCH  MONETARY
   31  PENALTIES  COLLECTED  SHALL BE PAID TO THE PORT AUTHORITY; THE REMAINING
   32  HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL BE RETAINED OR  DISTRIB-
   33  UTED  BY THE TRIBUNAL OR ENTITY ADJUDICATING THE VIOLATION IN ACCORDANCE
   34  WITH EXISTING LAW.
   35    S 24. This act shall take effect on  the  one  hundred  twentieth  day
   36  after it shall have become a law.

   37                                   PART L

   38    Section  1.  Subdivision  6  of section 1209 of the public authorities
   39  law, as amended by chapter 98 of the laws of 2011, is amended to read as
   40  follows:
   41    6. The provisions of subdivisions one, two, three  and  four  of  this
   42  section  shall  not  be  applicable  to any procurement by the authority
   43  commenced during the period from the effective date of this  subdivision
   44  until  December  thirty-first, nineteen hundred ninety-one or during the
   45  period from December sixteenth, nineteen hundred ninety-three until June
   46  thirtieth, two thousand [fifteen] NINETEEN; and the provisions of subdi-
   47  visions seven, eight, nine, ten, eleven, twelve  and  thirteen  of  this
   48  section  shall  only  apply  to  procurements by the authority commenced
   49  during such periods. The provisions of such subdivisions one, two, three
   50  and four shall apply to procurements by the authority  commenced  during
   51  the period from December thirty-first, nineteen hundred ninety-one until
   52  December  sixteenth,  nineteen hundred ninety-three, and to procurements
   53  by the authority  commenced  on  and  after  July  first,  two  thousand
   54  [fifteen]  NINETEEN.  Notwithstanding  the  foregoing, the provisions of
       S. 2008                            33                            A. 3008

    1  such subdivisions one, two, three and four shall apply to (i) the  award
    2  of  any contract of the authority if the bid documents for such contract
    3  so provide and such bid documents are issued within sixty  days  of  the
    4  effective  date  of  this  subdivision  or within sixty days of December
    5  sixteenth, nineteen hundred ninety-three, or (ii) for a  period  of  one
    6  hundred eighty days after the effective date of this subdivision, or for
    7  a  period  of one hundred eighty days after December sixteenth, nineteen
    8  hundred ninety-three, the award of any contract for which an  invitation
    9  to  bid, solicitation, request for proposal, or any similar document has
   10  been issued by the authority prior to the effective date of this  subdi-
   11  vision  or  during the period from January first, nineteen hundred nine-
   12  ty-two until December fifteenth, nineteen hundred ninety-three.
   13    S 2. Subdivision 1 of section 1265-a of the public authorities law, as
   14  amended by chapter 98 of the  laws  of  2011,  is  amended  to  read  as
   15  follows:
   16    1.  The provisions of this section shall only apply to procurements by
   17  the authority commenced during the period  from  April  first,  nineteen
   18  hundred eighty-seven until December thirty-first, nineteen hundred nine-
   19  ty-one,  and during the period from December sixteenth, nineteen hundred
   20  ninety-three until June  thirtieth,  two  thousand  [fifteen]  NINETEEN;
   21  provided,  however,  that the provisions of this section shall not apply
   22  to (i) the award of any contract of the authority if the  bid  documents
   23  for  such  contract  so provide and such bid documents are issued within
   24  sixty days of the effective date of this section or within sixty days of
   25  December sixteenth, nineteen hundred ninety-three, or (ii) for a  period
   26  of  one  hundred eighty days after the effective date of this section or
   27  for a period of one hundred eighty days after December sixteenth,  nine-
   28  teen  hundred ninety-three, the award of any contract for which an invi-
   29  tation to bid, solicitation, request for proposal, or any similar  docu-
   30  ment  has  been  issued  by the authority prior to the effective date of
   31  this section or during the period from January first,  nineteen  hundred
   32  ninety-two until December sixteenth, nineteen hundred ninety-three.
   33    S 3. This act shall take effect immediately.

   34                                   PART M

   35    Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
   36  of the laws of 1968 constituting the New York  state  urban  development
   37  corporation  act, as amended by section 1 of part Z of chapter 57 of the
   38  laws of 2014, is amended to read as follows:
   39    3. The provisions of this section shall  expire,  notwithstanding  any
   40  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
   41  the laws of 1996 or of any other law, on July 1, [2015] 2016.
   42    S  2.  This  act  shall take effect immediately and shall be deemed to
   43  have been in full force and effect on and after July 1, 2015.

   44                                   PART N

   45    Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
   46  New York state urban development corporation act, relating to the powers
   47  of  the  New  York state urban development corporation to make loans, as
   48  amended by section 1 of part AA of chapter 57 of the laws  of  2014,  is
   49  amended to read as follows:
   50    S  2.  This  act shall take effect immediately provided, however, that
   51  section one of this act shall expire on July 1, [2015]  2016,  at  which
   52  time the provisions of subdivision 26 of section 5 of the New York state
       S. 2008                            34                            A. 3008

    1  urban  development  corporation  act shall be deemed repealed; provided,
    2  however, that neither the expiration nor the repeal of such  subdivision
    3  as provided for herein shall be deemed to affect or impair in any manner
    4  any  loan  made  pursuant  to the authority of such subdivision prior to
    5  such expiration and repeal.
    6    S 2. This act shall take effect immediately and  shall  be  deemed  to
    7  have been in full force and effect on and after July 1, 2015.

    8                                   PART O

    9    Section 1. Notwithstanding any law to the contrary, the comptroller is
   10  hereby  authorized  and directed to receive for deposit to the credit of
   11  the general fund the amount of up to $913,000 from the  New  York  state
   12  energy research and development authority.
   13    S  2.  This  act  shall take effect immediately and shall be deemed to
   14  have been in full force and effect on and after April 1, 2015.

   15                                   PART P

   16    Section 1. Expenditures of moneys by the energy research and  develop-
   17  ment  authority for services and expenses of the energy research, devel-
   18  opment and demonstration program, including grants,  the  energy  policy
   19  and  planning  program,  and the Fuel NY program shall be subject to the
   20  provisions of this section. Notwithstanding the provisions  of  subdivi-
   21  sion 4-a of section 18-a of the public service law, all moneys committed
   22  or  expended  in an amount not to exceed $19,700,000 shall be reimbursed
   23  by assessment against gas corporations, as defined in subdivision 11  of
   24  section 2 of the public service law and electric corporations as defined
   25  in subdivision 13 of section 2 of the public service law, where such gas
   26  corporations  and  electric corporations have gross revenues from intra-
   27  state utility operations in excess of $500,000 in the preceding calendar
   28  year, and the total amount which may be charged to any  gas  corporation
   29  and  any electric corporation shall not exceed one cent per one thousand
   30  cubic feet of gas sold and .010 cent per  kilowatt-hour  of  electricity
   31  sold  by  such  corporations  in  their intrastate utility operations in
   32  calendar year 2013. Such amounts shall  be  excluded  from  the  general
   33  assessment  provisions  of  subdivision  2 of section 18-a of the public
   34  service law. The chair of the public service commission shall bill  such
   35  gas  and/or  electric  corporations for such amounts on or before August
   36  10, 2015 and such amounts shall be  paid  to  the  energy  research  and
   37  development authority on or before September 10, 2015. Upon receipt, the
   38  energy  research  and  development authority shall deposit such funds in
   39  the energy research and development operating fund established  pursuant
   40  to  section  1859 of the public authorities law. The energy research and
   41  development authority is authorized and directed  to:  (1)  transfer  $1
   42  million  to  the  state  general  fund  for services and expenses of the
   43  department of environmental conservation and to transfer $691,000 to the
   44  University of Rochester laboratory for laser energetics from  the  funds
   45  received; and (2) commencing in 2016, provide to the chair of the public
   46  service  commission  and the director of the budget, on or before August
   47  first of each year, an itemized record, certified by the  president  and
   48  chief  executive  officer  of  the  authority,  or  his or her designee,
   49  detailing any and all expenditures and commitments ascribable to  moneys
   50  received  as  a result of this assessment by the chair of the department
   51  of public service pursuant to section 18-a of the  public  service  law.
   52  Any  such  amount not committed by such authority to contracts or other-
       S. 2008                            35                            A. 3008

    1  wise expended by the authority during the fiscal year shall be  refunded
    2  by such authority on a pro-rata basis to such gas and/or electric corpo-
    3  rations,  in  a  manner  to  be  determined  by the department of public
    4  service.
    5    S  2.  This  act  shall take effect immediately and shall be deemed to
    6  have been in full force and effect on and after April 1, 2015.

    7                                   PART Q

    8    Section 1. Section 312-a of the executive law, as amended  by  chapter
    9  175 of the laws of 2010, is amended to read as follows:
   10    S  312-a.  Study  of  minority  and  women-owned  business  enterprise
   11  programs. 1. The director of the division of  minority  and  women-owned
   12  business  development  in  the  department  of  economic  development is
   13  authorized and directed to  recommission  a  statewide  disparity  study
   14  regarding  the participation of minority and women-owned business enter-
   15  prises in state contracts since the amendment  of  this  article  to  be
   16  delivered  to  the  governor  and  legislature  no  later  than February
   17  fifteenth, two  thousand  [sixteen]  SEVENTEEN.    The  study  shall  be
   18  prepared by an entity independent of the department and selected through
   19  a request for proposal process. The purpose of such study is:
   20    (a)  to  determine  whether there is a disparity between the number of
   21  qualified minority and women-owned businesses ready, willing and able to
   22  perform state contracts for commodities, services and construction,  and
   23  the  number  of  such  contractors  actually  engaged  to  perform  such
   24  contracts, and to determine what changes, if  any,  should  be  made  to
   25  state  policies affecting minority and women-owned business enterprises;
   26  and (b) to determine whether there is a disparity between the number  of
   27  qualified  minorities and women ready, willing and able, with respect to
   28  labor markets, qualifications and other relevant factors, to participate
   29  in contractor employment, management level bodies, including  boards  of
   30  directors,  and as senior executive officers within contracting entities
   31  and the number of such group members  actually  employed  or  affiliated
   32  with  state  contractors in the aforementioned capacities, and to deter-
   33  mine what changes, if any, should be made to  state  policies  affecting
   34  minority  and  women group populations with regard to state contractors'
   35  employment and appointment practices relative to diverse group  members.
   36  Such  study  shall  include,  but  not be limited to, an analysis of the
   37  history of minority and women-owned  business  enterprise  programs  and
   38  their effectiveness as a means of securing and ensuring participation by
   39  minorities and women, and a disparity analysis by market area and region
   40  of  the  state.  Such  study  shall  distinguish between minority males,
   41  minority females and non-minority females in the statistical analysis.
   42    2. The director of the division of minority and  women-owned  business
   43  development  is directed to transmit the disparity study to the governor
   44  and the legislature not later  than  February  fifteenth,  two  thousand
   45  [sixteen] SEVENTEEN, and to post the study on the website of the depart-
   46  ment of economic development.
   47    S  2. The opening paragraph of subdivision (h) of section 121 of chap-
   48  ter 261 of the laws of 1988, amending the state finance  law  and  other
   49  laws  relating  to  the  New  York  state  infrastructure trust fund, as
   50  amended by chapter 175 of the laws  of  2010,  is  amended  to  read  as
   51  follows:
   52    The  provisions  of  section  sixty-two  through sixty-six of this act
   53  shall expire on December thirty-first, two thousand [sixteen] SEVENTEEN,
   54  except that:
       S. 2008                            36                            A. 3008

    1    S 3. This act shall take effect immediately; provided,  however,  that
    2  the amendments to section 312-a of the executive law made by section one
    3  of this act shall not affect the expiration of such section and shall be
    4  deemed to expire therewith.

    5                                   PART R

    6    Section  1.  Notwithstanding  any other law, rule or regulation to the
    7  contrary, expenses of the department of health public service  education
    8  program  incurred  pursuant  to appropriations from the cable television
    9  account of the state miscellaneous special revenue funds shall be deemed
   10  expenses of the department of public service.
   11    S 2. This act shall take effect immediately and  shall  be  deemed  to
   12  have been in full force and effect on and after April 1, 2015.

   13                                   PART S

   14    Section  1.  Section  2  of part BB of chapter 58 of the laws of 2012,
   15  amending the public authorities law relating to authorizing the dormito-
   16  ry authority to enter into certain design  and  construction  management
   17  agreements,  as amended by section 1 of part W of chapter 57 of the laws
   18  of 2014, is amended to read as follows:
   19    S 2. This act shall take effect immediately and shall  expire  and  be
   20  deemed repealed April 1, [2015] 2017.
   21    S  2.  Within 90 days of the effective date of this act, the dormitory
   22  authority of the state of New York  shall  provide  a  report  providing
   23  information  regarding  any  project undertaken pursuant to a design and
   24  construction management agreement, as authorized by part BB  of  chapter
   25  58  of the laws of 2012, between the dormitory authority of the state of
   26  New York and the department of  environmental  conservation  and/or  the
   27  office  of  parks, recreation and historic preservation to the governor,
   28  the temporary president of the senate and speaker of the assembly.  Such
   29  report  shall  include  but not be limited to a description of each such
   30  project, the project identification number  of  each  such  project,  if
   31  applicable, the projected date of completion, the status of the project,
   32  the total cost or projected cost of each such project, and the location,
   33  including  the  names  of  any county, town, village or city, where each
   34  such project is located or proposed. In addition, such a report shall be
   35  provided to the aforementioned parties by the first day of March of each
   36  year that the authority to enter into such agreements pursuant  to  part
   37  BB of chapter 58 of the laws of 2012 is in effect.
   38    S  3.  This  act  shall take effect immediately and shall be deemed to
   39  have been in effect on and after April 1, 2015.

   40                                   PART T

   41    Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
   42  executive  law  relating to permitting the secretary of state to provide
   43  special handling for all documents filed or issued by  the  division  of
   44  corporations  and to permit additional levels of such expedited service,
   45  as amended by section 1 of part N of chapter 57 of the laws of 2014,  is
   46  amended to read as follows:
   47    S  2.  This  act shall take effect immediately, provided however, that
   48  section one of this act shall be deemed to have been in full  force  and
   49  effect  on  and  after  April  1, 2003 and shall expire March 31, [2015]
   50  2016.
       S. 2008                            37                            A. 3008

    1    S 2. This act shall take effect immediately and  shall  be  deemed  to
    2  have been in full force and effect on and after March 31, 2015.

    3                                   PART U

    4    Section 1. Subdivision 2 of section 446-b of the real property law, as
    5  amended  by  chapter  61  of  the  laws  of  1989, is amended to read as
    6  follows:
    7    2. The application for such license shall be filed in  the  office  of
    8  the secretary of state on such forms as the secretary may prescribe [and
    9  shall be accompanied by a fee of four hundred dollars].
   10    S 2. Subdivision 3 of section 446-b of the real property law, as added
   11  by chapter 805 of the laws of 1980, is amended to read as follows:
   12    3. When the apartment information vendor maintains more than one place
   13  of  business,  he  shall  apply  for  [and  the secretary shall issue] a
   14  supplemental license for each branch office so maintained [upon  payment
   15  of  a  fee of two hundred fifty dollars for each supplemental license so
   16  issued]. Supplemental licenses shall be conspicuously displayed in  each
   17  branch  office.  The  display of an expired license by any person, firm,
   18  partnership or corporation is a violation  of  the  provisions  of  this
   19  article.
   20    S  3.  Subdivision  5  of  section  446-b of the real property law, as
   21  amended by chapter 805 of the laws  of  1980,  is  amended  to  read  as
   22  follows:
   23    5.  Any license granted under the provisions hereof may be renewed for
   24  one year by the secretary upon application therefor by  the  holder,  in
   25  such  form as the secretary may prescribe[, and payment of a two hundred
   26  fifty dollar fee for such license]. The secretary may dispense with  the
   27  requirement  for  the  filing of such statements as was contained in the
   28  original application for license.
   29    S 4. Subdivision 2 of section 446-d  of  the  real  property  law,  as
   30  amended  by  chapter  805  of  the  laws  of 1980, is amended to read as
   31  follows:
   32    2. The secretary shall be notified in writing at his OR HER office  in
   33  Albany  of  any change of a licensee's business address or name, and the
   34  secretary shall issue a license for the unexpired term, upon  return  of
   35  the  original  license  [and  the payment of a fee of twenty dollars]. A
   36  licensee who fails to notify the secretary of  any  change  in  business
   37  address or name within ten days shall forfeit his OR HER license.
   38    S 5. This act shall take effect immediately.

   39                                   PART V

   40    Section  1. Section 219 of the agriculture and markets law, as amended
   41  by chapter 122 of the laws of 1988, is amended to read as follows:
   42    S 219. Application [and  fee].  Application  for  license  as  a  food
   43  salvager[,]  SHALL  BE MADE upon a form prescribed by the commissioner[,
   44  shall be made on or before June  first  in  every  other  year  for  the
   45  license  period  beginning  July  first  following]. The applicant shall
   46  satisfy the commissioner of his OR HER character and that he OR SHE  has
   47  adequate physical facilities for salvaging food and food products. If so
   48  satisfied,  the  commissioner  shall  [upon  receipt of the license fee]
   49  issue to the applicant  a  [license  which  shall  be]  non-transferable
   50  LICENSE,  WHICH  WILL  EXPIRE  ON THE THIRTIETH OF JUNE OF THE NEXT EVEN
   51  NUMBERED YEAR FOLLOWING ITS ISSUANCE. [The biennial license fee shall be
   52  one hundred dollars.] APPLICATION FOR RENEWAL  OF  SUCH  LICENSE  FOR  A
       S. 2008                            38                            A. 3008

    1  PERIOD  OF TWO YEARS SHALL BE MADE BIENNIALLY, UPON A FORM PRESCRIBED BY
    2  THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY DAYS  PRIOR  TO  THE
    3  EXPIRATION  OF  THE  EXISTING LICENSE. Where a person operates more than
    4  one salvage warehouse a separate license is required for each location.
    5    S  2.  Section  231  of the agriculture and markets law, as amended by
    6  section 7 of part I1 of chapter 62 of the laws of 2003,  is  amended  to
    7  read as follows:
    8    S 231. Licenses,  issuance of. No person or corporation shall maintain
    9  or  operate  any  refrigerated  warehouse  and/or  locker  plant  unless
   10  licensed  by  the commissioner. Application[,] SHALL BE MADE upon a form
   11  prescribed by the commissioner[, shall be made on  or  before  September
   12  first of every other year for the license period beginning October first
   13  following]. The applicant shall satisfy the commissioner of his or [its]
   14  HER  character,  financial  responsibility,  and competency to operate a
   15  refrigerated warehouse or locker plant. The commissioner, if  so  satis-
   16  fied,  shall[,  upon  receipt  of the license fee or fees,] issue to the
   17  applicant a license or licenses [to operate the  refrigerated  warehouse
   18  or warehouses or locker plant or locker plants described in the applica-
   19  tion  until the first day of October] WHICH WILL EXPIRE ON THE THIRTIETH
   20  OF SEPTEMBER of the NEXT ODD NUMBERED year following [the year in  which
   21  such  license was issued] ITS ISSUANCE.  [The biennial license fee shall
   22  be two hundred dollars for each  refrigerated  warehouse.  If  a  locker
   23  plant  is operated as part of a refrigerated warehouse and upon the same
   24  premises, no additional license fee shall be required.] APPLICATION  FOR
   25  RENEWAL  OF  SUCH LICENSE OR LICENSES FOR A PERIOD OF TWO YEARS SHALL BE
   26  MADE BIENNIALLY, UPON A FORM PRESCRIBED BY THE COMMISSIONER AND  SUBMIT-
   27  TED  NO  LATER  THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THE EXISTING
   28  LICENSE OR LICENSES.
   29    S 3. Section 96-z-2 of the agriculture and markets law,  as  added  by
   30  chapter 391 of the laws of 1968, is amended to read as follows:
   31    S 96-z-2. Application [and fees]. Application for a license to operate
   32  a  disposal plant or transportation service[,] SHALL BE MADE upon a form
   33  prescribed by the commissioner[, shall be made on  or  before  September
   34  first  in each year for the license year beginning October first follow-
   35  ing]. The applicant shall satisfy the commissioner of his OR HER charac-
   36  ter and that he OR SHE has adequate physical facilities for  the  opera-
   37  tion of a disposal plant or transportation service. If so satisfied, the
   38  commissioner shall [upon payment of the license fee] issue to the appli-
   39  cant  a  NON-TRANSFERABLE license which [shall be non-transferable] WILL
   40  EXPIRE ON THE THIRTIETH DAY OF SEPTEMBER OF THE NEXT EVEN NUMBERED  YEAR
   41  FOLLOWING  ITS ISSUANCE.   APPLICATION FOR RENEWAL OF SUCH LICENSE FOR A
   42  PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY UPON A FORM  PRESCRIBED  BY
   43  THE  COMMISSIONER  AND  SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
   44  EXPIRATION OF THE EXISTING  LICENSE.  [The  annual  license  fee  for  a
   45  disposal  plant  shall be one hundred dollars, plus an inspection fee of
   46  ten dollars for each vehicle. The annual license fee for  a  transporta-
   47  tion service shall be twenty-five dollars, plus an inspection fee of ten
   48  dollars for each vehicle.]
   49    S  4.  Section 128-a of the agriculture and markets law, as amended by
   50  chapter 451 of the laws of 2008, subdivisions 4, 5, 6, 7,  8  and  9  as
   51  renumbered  by section 2 of part N of chapter 58 of the laws of 2012, is
   52  amended to read as follows:
   53    S 128-a. Licenses. 1. No person shall manufacture any commercial  feed
   54  in  this state unless such person holds a license issued therefor by the
   55  commissioner. [Notwithstanding the foregoing, a person, in operation  on
   56  or  before the effective date of this section, who has filed an applica-
       S. 2008                            39                            A. 3008

    1  tion for an initial license under this section shall  be  authorized  to
    2  operate  without  such  license  until the commissioner grants or, after
    3  notice and opportunity to be heard, declines  to  grant  such  license.]
    4  Each  application  for a license shall be made on a form supplied by the
    5  department and shall contain such information as may be required by  the
    6  department.  A  LICENSE  ISSUED  ON OR BEFORE THE THIRTIETH OF JUNE WILL
    7  EXPIRE ON THE THIRTY-FIRST OF DECEMBER OF THE YEAR OF ITS ISSUANCE,  AND
    8  IF  ISSUED  BETWEEN JULY FIRST AND DECEMBER THIRTY-FIRST, WILL EXPIRE ON
    9  THE THIRTY-FIRST DAY OF DECEMBER IN THE  YEAR  FOLLOWING  ITS  ISSUANCE.
   10  Renewal  applications  shall  be  [submitted to] MADE ANNUALLY ON A FORM
   11  PRESCRIBED BY the commissioner [at least] AND SUBMITTED  NO  LATER  THAN
   12  thirty days prior to the [commencement of the next license year] EXPIRA-
   13  TION OF THE EXISTING LICENSE.
   14    2.  The  commissioner may deny any application for a license or revoke
   15  any license when granted, after written notice to the applicant  and  an
   16  opportunity to be heard, when:
   17    (a) any statement in the application or upon which it was issued is or
   18  was false or misleading;
   19    (b)  facilities  of  the  applicant  are not maintained in a manner as
   20  required by rules and regulations duly promulgated by the commissioner;
   21    (c) the maintenance and operation of the establishment of  the  appli-
   22  cant  is  such  that  the  commercial feed produced therein is or may be
   23  adulterated, misbranded, or not maintained in any manner as required  by
   24  this article;
   25    (d)  the  applicant  or  licensee, or an officer, director, partner or
   26  holder of ten per centum or more of the voting stock of the applicant or
   27  licensee, has failed to comply with any of the provisions of this  arti-
   28  cle or rules and regulations promulgated pursuant thereto; or
   29    (e)  the applicant or licensee is a partnership or corporation and any
   30  individual holding any position or interest or power of control  therein
   31  has  previously  been  responsible  in  whole  or in part for any act on
   32  account of which an application for licensure may be denied or a license
   33  revoked pursuant to the provisions of this article.
   34    3. [Each application for an initial license shall be accompanied by  a
   35  non-refundable  fee  of  one  hundred  dollars.  The  commissioner shall
   36  prorate the license fee for any person applying for an  initial  license
   37  after the commencement of the licensing period. Licenses shall be renew-
   38  able  annually thereafter, together with the payment of a non-refundable
   39  fee of fifty dollars.
   40    4.] Inspection in accordance with section one hundred thirty-five-a of
   41  this article,  the  results  of  which  establish  compliance  with  the
   42  provisions  of  this  article,  shall  precede  issuance of a license or
   43  renewal thereof under this section.
   44    [5.] 4. Upon validation by the  commissioner,  the  application  shall
   45  become the license of the person.
   46    [6.]  5.  The  commissioner shall provide a copy of the license to the
   47  [person] LICENSEE. The commissioner shall also  retain  a  copy  of  the
   48  license.
   49    [7.] 6. No licensee shall publish or advertise the sale of any commer-
   50  cial feed unless the publication or advertisement is accompanied by such
   51  licensee's  license number. [Notwithstanding the foregoing, a person, in
   52  operation on or before the effective date of this section, who has filed
   53  an application for an initial license under this section may publish  or
   54  advertise  the  sale  or availability of any commercial feed without the
   55  publication or advertisement being accompanied by the  person's  license
       S. 2008                            40                            A. 3008

    1  number until the commissioner grants or, after notice and opportunity to
    2  be heard, declines to grant such license.
    3    8.]  7.  Commercial  feed licenses shall be conspicuously displayed on
    4  the premises so that they may be readily seen by officers and  employees
    5  of the department.
    6    [9.] 8. Notwithstanding the definition of commercial feed under subdi-
    7  vision  seven  of  section one hundred twenty-eight of this article, the
    8  provisions of this section shall not apply to a person  who  conducts  a
    9  business of selling pet food and specialty pet food.
   10    S  5. Section 142-ee of the agriculture and markets law, as amended by
   11  chapter 251 of the laws of 1999, is amended to read as follows:
   12    S 142-ee. License  [and  fee].  Each  certificate  filed  pursuant  to
   13  section one hundred forty-two-dd OF THIS ARTICLE shall be accompanied by
   14  an  application,  upon forms supplied by the commissioner, for a license
   15  to supply such material under the  brand  name  specified  therein,  and
   16  there  shall  be  transmitted  therewith  a copy of the label and of the
   17  statement proposed to accompany such material in compliance with section
   18  one hundred forty-two-cc[, together with a license fee of forty  dollars
   19  for  each  such brand] OF THIS ARTICLE.  Such application shall incorpo-
   20  rate by reference the data contained in the accompanying certificate for
   21  the brand for which the license is  sought.  Upon  compliance  with  the
   22  provisions  of this article, the applicant shall be issued a license for
   23  the supplying of such qualifying brand of agricultural liming  material,
   24  which  license  shall  expire on the thirty-first day of December of the
   25  NEXT EVEN NUMBERED year following the year in which it is issued, but no
   26  such license shall be issued for the  supplying  of  any  such  material
   27  which  does  not meet the minimum standards herein provided for, nor for
   28  the supplying thereof under a brand descriptive designation  or  with  a
   29  label  or  accompanying  statement which is or tends to be misleading or
   30  deceptive as to quality, analysis  or  composition.  APPLICATION  FOR  A
   31  RENEWAL OF THE LICENSE FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIAL-
   32  LY,  UPON  A  FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER
   33  THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THE  EXISTING  LICENSE.  Any
   34  such  license so issued may be revoked by the commissioner, after notice
   35  to the licensee by mail or otherwise and opportunity to be  heard,  when
   36  it  appears that any statement or representation upon which it is issued
   37  is false or misleading. The action of the commissioner  in  refusing  to
   38  grant a license, or in revoking a license, shall be subject to review by
   39  a  proceeding  under article seventy-eight of the civil practice law and
   40  rules, but the decision of the commissioner shall be final unless within
   41  thirty days from the date  of  the  order  embodying  such  action  such
   42  proceeding to review has been instituted.
   43    Whenever  a  manufacturer,  producer  or  distributor  shall have been
   44  licensed to supply a particular brand of material hereunder,  no  agent,
   45  seller or retailer of such brand shall be required to file a certificate
   46  or  obtain  a  license  for  such  brand  during a period for which such
   47  license is in effect, nor upon such goods which were acquired  during  a
   48  period  for which a license was in effect and remaining undistributed in
   49  subsequent years.
   50    S 6. Subdivision (a) of section 146 of  the  agriculture  and  markets
   51  law,  as  amended by chapter 251 of the laws of 1999, is amended to read
   52  as follows:
   53    (a) No person shall distribute in this state any  type  of  fertilizer
   54  until a [biennial] license to distribute the same has been obtained from
   55  the commissioner by the person whose labelling is applied to such ferti-
   56  lizer  upon  payment  of  a  one hundred fifty dollar fee. [All licenses
       S. 2008                            41                            A. 3008

    1  shall expire on a date to be set by the  commissioner  in  regulations.]
    2  THE   INITIAL   LICENSE   ISSUED  HEREUNDER  SHALL  EXPIRE  ON  DECEMBER
    3  THIRTY-FIRST OF THE NEXT EVEN NUMBERED YEAR FOLLOWING THE YEAR IN  WHICH
    4  IT  WAS  ISSUED AND EACH RENEWAL OF THAT LICENSE SHALL BE FOR A TWO YEAR
    5  PERIOD, ENDING ON DECEMBER THIRTY-FIRST. APPLICATION FOR  A  RENEWAL  OF
    6  SUCH  LICENSE  SHALL  BE  MADE BIENNIALLY, UPON A FORM PRESCRIBED BY THE
    7  COMMISSIONER AND BE SUBMITTED NO LATER THAN THIRTY  DAYS  PRIOR  TO  THE
    8  EXPIRATION OF THE EXISTING LICENSE.
    9    S  7.  Section 147-b of the agriculture and markets law, as amended by
   10  chapter 122 of the laws of 1988, is amended to read as follows:
   11    S 147-b. License. No person shall sell, offer or expose  for  sale  in
   12  this  state  any  soil or plant inoculant unless licensed as provided in
   13  this section. Application for a  license  SHALL  BE  MADE  upon  a  form
   14  prescribed  by  the commissioner [shall be made biennially. The applica-
   15  tion] AND shall include a statement  as  to  whether  the  inoculant  is
   16  represented  as  effective  for  inoculating  legumes  or for some other
   17  purpose, and,  if  represented  as  effective  for  the  inoculation  of
   18  legumes,  for  which  legume  or  legumes it is so represented. With the
   19  application, the applicant shall present a representative sample of  the
   20  soil  or plant inoculant described in the application. The commissioner,
   21  if satisfied that the inoculant may  be  depended  upon  to  produce  an
   22  effective  inoculation  for the purpose represented, shall issue to such
   23  applicant a license for the sale of such inoculant, expiring on December
   24  thirty-first of the NEXT EVEN NUMBERED year following [the year in which
   25  it is issued] ITS ISSUANCE.  [The applicant shall pay biennially, at the
   26  time of presenting the application, to the commissioner  for  remittance
   27  to the state treasury, a license fee of twenty dollars for each brand of
   28  inoculants  as  defined  in  the  rules  and  regulations adopted by the
   29  commissioner as provided in this article.] APPLICATION  FOR  RENEWAL  OF
   30  SUCH  LICENSE  FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY UPON A
   31  FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER  THAN  THIRTY
   32  DAYS PRIOR TO THE EXPIRATION OF THE EXISTING LICENSE.
   33    S  8. Paragraph (a) of subdivision 1 of section 248 of the agriculture
   34  and markets law, as amended by chapter 490  of  the  laws  of  2005,  is
   35  amended to read as follows:
   36    (a)  No  person  shall  act as a dealer unless licensed as provided in
   37  this article. Application shall be made upon  such  forms  and  at  such
   38  times  as  prescribed by the commissioner. Renewal applications shall be
   39  submitted to  the  commissioner  at  least  thirty  days  prior  to  the
   40  [commencement of the next] EXPIRATION OF THE EXISTING license [year]. No
   41  action  will  be  taken on applications deemed incomplete by the commis-
   42  sioner. The applicant shall furnish evidence of his or her good  charac-
   43  ter,  financial statements, prepared and certified by a certified public
   44  accountant when required by the commissioner, and evidence  that  he  or
   45  she  has  adequate  physical  facilities for receiving and handling farm
   46  products or processing farm products if he or she is to act as a dealer.
   47  The commissioner, if so satisfied, shall issue to such applicant,  [upon
   48  payment  of  twenty dollars, and] upon the filing of a bond or letter of
   49  credit and upon payment of a fee to be deposited into  the  agricultural
   50  producers security fund as hereinafter provided, a license entitling the
   51  applicant  to  conduct  the  business of a dealer in farm products for a
   52  period of one year. Notwithstanding any other provision of this section,
   53  an applicant who intends to pay and a licensee who  pays  upon  delivery
   54  for  purchases  of farm products from producers, in cash, or cash equiv-
   55  alent, including only certified or bank check, money  order,  electronic
   56  funds  transfer, or by debit card, shall be exempt from filing a bond or
       S. 2008                            42                            A. 3008

    1  letter of credit.  In the event that a licensee who has been so exempted
    2  from filing a bond or letter of credit fails  to  pay  cash  or  a  cash
    3  equivalent  upon  delivery  for  any  purchase  of  farm products from a
    4  producer,  such licensee shall file a bond or letter of credit as other-
    5  wise required by this section with the commissioner no  later  than  ten
    6  business  days from the date the commissioner notifies the licensee that
    7  such bond or letter of credit is required.
    8    S 9. Subdivision 5 of section 500 of the agriculture and markets  law,
    9  as amended by section 3 of part II of chapter 59 of the laws of 2009, is
   10  amended to read as follows:
   11    5. Licensure. No person shall maintain or operate a retail food store,
   12  food  service  establishment or food warehouse unless such establishment
   13  is licensed pursuant to the provisions of this article, provided, howev-
   14  er, that establishments registered, permitted or licensed by the depart-
   15  ment pursuant to other provisions of  this  chapter,  under  permit  and
   16  inspection by the state department of health or by a local health agency
   17  which  maintains  a  program certified and approved by the state commis-
   18  sioner of health, or subject to inspection by the United States  depart-
   19  ment  of  agriculture  pursuant  to  the  federal  meat,  poultry or egg
   20  inspection programs, shall be exempt from licensure under this  article.
   21  Application  for  licensure  of a retail food store, food service estab-
   22  lishment or food warehouse shall be made, upon a form prescribed by  the
   23  commissioner,  on  or  before December first of every other year for the
   24  registration period beginning January first following.  Upon  submission
   25  of  a completed application, together with the applicable licensing fee,
   26  the commissioner shall ISSUE A license TO the retail  food  store,  food
   27  service establishment or food warehouse described in the application for
   28  two  years  from  the  [applicable  registration commencement period set
   29  forth in this section] DATE OF ISSUANCE.  The  [licensing]  LICENSE  fee
   30  shall  be  two  hundred fifty dollars provided, however, that food ware-
   31  houses shall pay a [licensing] LICENSE  fee  of  four  hundred  dollars.
   32  NOTWITHSTANDING  THE  PRECEDING  SENTENCE,  THE COMMISSIONER SHALL, UPON
   33  SUBMISSION OF A COMPLETED APPLICATION FOR A NEW LICENSE BY AN  APPLICANT
   34  THAT  IS  A  CHAIN  STORE, AS DEFINED BY SUBDIVISION FIVE OF SECTION TWO
   35  HUNDRED FIFTY-ONE-Z-TWO OF THIS CHAPTER, ISSUE SUCH LICENSE FOR A PERIOD
   36  ENDING ON THE SAME DATE AS THE LICENSES OF THE OTHER CHAIN  STORES  THAT
   37  ARE A PART OF THE SAME NETWORK.
   38    S 10. This act shall take effect immediately.

   39                                   PART W

   40    Section  1.  Legislative  findings.  The  legislature hereby finds and
   41  determines that the establishment of  the  utility  debt  securitization
   42  authority  under part B of chapter 173 of the laws of 2013 permitted the
   43  issuance of securitized restructuring bonds  on  favorable  terms  which
   44  resulted  in  lower  aggregate distribution, transmission and transition
   45  charges to Long Island ratepayers, compared to other available  alterna-
   46  tives, and the purposes of such act will be further advanced by amending
   47  such  act  to  permit the issuance of additional such bonds subject to a
   48  limit on the outstanding principal amount thereof, including the  poten-
   49  tial  issuance  of  such  bonds  by  a  newly created restructuring bond
   50  issuer.
   51    S 2. Subdivision 10 of section 2 of part B of chapter 173 of the  laws
   52  of  2013  relating to the issuance of securitized restructuring bonds to
   53  refinance the outstanding debt of the Long  Island  power  authority  is
   54  amended to read as follows:
       S. 2008                            43                            A. 3008

    1    10.  "Restructuring bond issuer" means the corporate municipal instru-
    2  mentality of the state created under PARAGRAPH A OR B OF SUBDIVISION ONE
    3  OF section four of this act.
    4    S  3.  Subdivision 6 of section 3 of part B of chapter 173 of the laws
    5  of 2013 relating to the issuance of securitized restructuring  bonds  to
    6  refinance  the  outstanding  debt  of the Long Island power authority is
    7  amended to read as follows:
    8    6. Issuance of restructuring bonds. Within ninety days after receiving
    9  notice of confirmation from the authority, the restructuring bond issuer
   10  shall issue the restructuring bonds, in one or more series  or  tranches
   11  and at one or more times, pursuant to the agreement to sell the restruc-
   12  turing  bonds. The restructuring bond issuer shall purchase the restruc-
   13  turing property from the authority for a purchase price equal to the net
   14  proceeds from the sale of the restructuring bonds less  any  amounts  of
   15  such  proceeds  required  to  fund  or pay upfront financing costs.  THE
   16  AGGREGATE PRINCIPAL AMOUNT OF OUTSTANDING  RESTRUCTURING  BONDS  AT  ANY
   17  TIME SHALL NOT EXCEED FOUR BILLION FIVE HUNDRED MILLION DOLLARS.
   18    S  4.  The section heading and subdivision 1 of section 4 of part B of
   19  chapter 173 of the laws of 2013 relating to the issuance of  securitized
   20  restructuring bonds to refinance the outstanding debt of the Long Island
   21  power authority is amended to read as follows:
   22    Creation  of  restructuring  bond  [issuer]  ISSUERS.   1. Creation of
   23  restructuring bond [issuer] ISSUERS.  (A) For the purpose of  effectuat-
   24  ing  the  purposes  declared in section one of this act, there is hereby
   25  created a special purpose corporate  municipal  instrumentality  of  the
   26  state  to  be  known  as  "utility debt securitization authority", which
   27  shall be a body corporate and politic, a political  subdivision  of  the
   28  state,  and  a  public benefit corporation, exercising essential govern-
   29  mental and public powers for the good of the public. [The] SUCH restruc-
   30  turing bond issuer shall not be created or organized, and its operations
   31  shall not be conducted, for the purpose of making a profit. No  part  of
   32  the  revenues  or  assets  of [the] SUCH restructuring bond issuer shall
   33  inure to the benefit of or be distributable to its trustees or  officers
   34  or  any  other  private  persons,  except  as herein provided for actual
   35  services rendered.
   36    (B) FOR THE PURPOSE OF EFFECTUATING THE PURPOSES DECLARED  IN  SECTION
   37  ONE  OF THIS ACT, AND IN CONTEMPLATION OF SATISFACTION OF THE CONDITIONS
   38  SET FORTH IN THE LAST SENTENCE OF  THIS  SUBDIVISION,  THERE  IS  HEREBY
   39  CREATED  A  SPECIAL  PURPOSE  CORPORATE MUNICIPAL INSTRUMENTALITY OF THE
   40  STATE TO BE KNOWN AS "UTILITY  DEBT  SECURITIZATION  AUTHORITY  NO.  2",
   41  WHICH  SHALL BE A BODY CORPORATE AND POLITIC, A POLITICAL SUBDIVISION OF
   42  THE STATE,  AND  A  PUBLIC  BENEFIT  CORPORATION,  EXERCISING  ESSENTIAL
   43  GOVERNMENTAL AND PUBLIC POWERS FOR THE GOOD OF THE PUBLIC. SUCH RESTRUC-
   44  TURING BOND ISSUER SHALL NOT BE CREATED OR ORGANIZED, AND ITS OPERATIONS
   45  SHALL  NOT  BE CONDUCTED, FOR THE PURPOSE OF MAKING A PROFIT. NO PART OF
   46  THE REVENUES OR ASSETS OF SUCH RESTRUCTURING BOND ISSUER SHALL INURE  TO
   47  THE  BENEFIT  OF  OR BE DISTRIBUTABLE TO ITS TRUSTEES OR OFFICERS OR ANY
   48  OTHER PRIVATE PERSONS, EXCEPT AS HEREIN  PROVIDED  FOR  ACTUAL  SERVICES
   49  RENDERED.  SUCH  RESTRUCTURING  BOND ISSUER SHALL ISSUE NO RESTRUCTURING
   50  BONDS UNLESS AND UNTIL THE AUTHORITY BY RESOLUTION SHALL HAVE FOUND  AND
   51  DETERMINED  THAT ON THE BASIS OF THE DOCUMENTS AND OPINIONS PRESENTED TO
   52  IT, THE TERMS OF SALE OF  SUCH  BONDS  ARE,  AT  SUCH  TIME,  REASONABLY
   53  EXPECTED  TO BE MORE FAVORABLE THAN SUCH TERMS WOULD BE IF SUCH RESTRUC-
   54  TURING BONDS WERE TO BE ISSUED BY THE RESTRUCTURING BOND ISSUER  CREATED
   55  BY PARAGRAPH (A) OF THIS SUBDIVISION.
       S. 2008                            44                            A. 3008

    1    S  5.  Subparagraph (i) of paragraph (a) of subdivision 2 of section 4
    2  of part B of chapter 173 of the laws of 2013 relating to the issuance of
    3  securitized restructuring bonds to refinance the outstanding debt of the
    4  Long Island power authority is amended to read as follows:
    5    (i) issue the restructuring bonds contemplated by a restructuring cost
    6  financing  order,  and  use the proceeds thereof to purchase or acquire,
    7  and to own, hold and use  restructuring  property  or  to  pay  or  fund
    8  upfront  financing costs [provided, however, that the restructuring bond
    9  issuer shall only issue and sell restructuring bonds once];
   10    S 6. This act shall take effect immediately.

   11                                   PART X

   12    Section 1. Section 171 of the navigation law, as amended by chapter 35
   13  of the laws of 1985, is amended to read as follows:
   14    S 171. Purposes. It is the purpose of this article to ensure  a  clean
   15  environment  and healthy economy for the state by preventing the unregu-
   16  lated discharge of petroleum which may result in damage to lands, waters
   17  or natural resources of the state by authorizing the department of envi-
   18  ronmental conservation to  PREPARE  FOR  AND  respond  quickly  to  such
   19  discharges  and  effect  prompt  cleanup and removal of such discharges,
   20  giving first priority to minimizing environmental damage, and by provid-
   21  ing for liability for damage sustained within the state as a  result  of
   22  such discharges.
   23    S  2.  Subdivision 1 of section 172 of the navigation law, as added by
   24  chapter 845 of the laws of 1977, is amended to read as follows:
   25    1. "Administrator" means the [chief executive, within]  PERSON  DESIG-
   26  NATED  BY the [department] COMMISSIONER of [audit and control, of] ENVI-
   27  RONMENTAL  CONSERVATION  TO  ADMINISTER  the  New   York   environmental
   28  protection and spill compensation fund;
   29    S  3.  Paragraphs  (a), (b) and (d) of subdivision 4 of section 174 of
   30  the navigation law, paragraph (a) as amended by section 1 of part  E  of
   31  chapter 413 of the laws of 1999, paragraph (b) as amended by chapter 512
   32  of  the  laws of 1986 and paragraph (d) as added by section 21 of part A
   33  of chapter 58 of the laws of 1998, are amended to read as follows:
   34    (a) The license fee shall be [one cent] NINE AND  ONE-HALF  CENTS  per
   35  barrel  transferred  [until  the  balance in such account established by
   36  paragraph (a) of subdivision two of section one hundred seventy-nine  of
   37  this  article  equals or exceeds twenty-five million dollars], provided,
   38  however, that the fee on any  barrel,  including  any  products  derived
   39  therefrom,  subject  to multiple transfer, shall be imposed only once at
   40  the point of first transfer. In each fiscal year following any  year  in
   41  which  the balance of [such] THE account ESTABLISHED BY PARAGRAPH (A) OF
   42  SUBDIVISION TWO OF SECTION ONE  HUNDRED  SEVENTY-NINE  OF  THIS  ARTICLE
   43  equals  or  exceeds  [twenty-five] FORTY million dollars, no license fee
   44  shall be imposed unless (a) the current balance in such account is  less
   45  than  [twenty] THIRTY-FIVE million dollars or (b) pending claims against
   46  such account exceed fifty  percent  of  the  existing  balance  of  such
   47  account. [The provisions of the foregoing notwithstanding, should claims
   48  paid  from  such  account  not  exceed five million dollars within three
   49  years after the license fee is first imposed, the license fee  shall  be
   50  one cent per barrel transferred until the balance in such account equals
   51  or exceeds eighteen million dollars, and thereafter shall not be imposed
   52  unless:  (1)  the  current  balance in such account is less than fifteen
   53  million dollars or (2) pending claims against such account exceed  fifty
   54  percent of the existing balance of such account.] In the event of either
       S. 2008                            45                            A. 3008

    1  such  occurrence  and  upon  certification  thereof  [by the state comp-
    2  troller], the administrator shall within ten days of the  date  of  such
    3  certification  reimpose  the license fee, which shall take effect on the
    4  first  day  of the month following such relevy. [In the event of a major
    5  discharge or series of  discharges  resulting  in  claims  against  such
    6  account  exceeding the existing balance of such account, the license fee
    7  shall be imposed at the rate of eight cents per barrel transferred until
    8  the balance in such account equals pending claims against such  account;
    9  provided,  however,  that  the] THE rate may be set at less than [eight]
   10  NINE AND ONE-HALF cents per  barrel  transferred  if  the  administrator
   11  determines  that the revenue produced by such lower rate shall be suffi-
   12  cient to pay outstanding claims against such account within one year  of
   13  such imposition of the license fee. [Should such account exceed eighteen
   14  million dollars or twenty-five million dollars, as herein provided, as a
   15  result  of  interest, the administrator and the commissioner of environ-
   16  mental conservation shall report to the  legislature  and  the  governor
   17  concerning  the  options  for  the use of such interest.] The fee estab-
   18  lished by this paragraph shall not be imposed upon any barrel  which  is
   19  transferred  to  a land based facility but thereafter exported from this
   20  state for use outside the state and is shipped to facilities outside the
   21  state regardless of whether the  delivery  or  sale  of  such  petroleum
   22  occurs in this state.
   23    (b)  The surcharge on the license fee shall be [two and one-half cents
   24  per barrel for each barrel transferred on or after June first,  nineteen
   25  hundred  eighty-five but before February first, nineteen hundred eighty-
   26  eight. Such surcharge shall be three and one-half cents per  barrel  for
   27  each  barrel  transferred  on  or after February first, nineteen hundred
   28  eighty-eight, but before February first, nineteen hundred  ninety.  Such
   29  surcharge  shall  be]  four  and  one-quarter  cents per barrel for each
   30  barrel transferred on or after February first, nineteen hundred ninety.
   31    (d) The surcharge established by paragraph  (b)  of  this  subdivision
   32  shall be [one and one-half] THIRTEEN AND THREE QUARTERS cents per barrel
   33  for  any  barrel  that  is transferred but thereafter exported from this
   34  state for use outside the state as described by paragraph  (a)  of  this
   35  subdivision.  TWELVE  AND  ONE-QUARTER  CENTS OF SUCH SURCHARGE SHALL BE
   36  CREDITED TO THE ACCOUNT ESTABLISHED BY PARAGRAPH (A) OF SUBDIVISION  TWO
   37  OF SECTION ONE HUNDRED SEVENTY-NINE OF THIS ARTICLE.
   38    S  4.  Paragraph (a) of subdivision 2 of section 179 of the navigation
   39  law, as amended  by section 2 of part I of chapter 577 of  the  laws  of
   40  2004, is amended to read as follows:
   41    (a)  An  account  which  shall  be  credited with all license fees and
   42  penalties collected pursuant to paragraph (b)  of  subdivision  one  and
   43  paragraph (a) of subdivision four of section one hundred seventy-four of
   44  this  article,  THE PORTION OF THE SURCHARGE COLLECTED PURSUANT TO PARA-
   45  GRAPH (D) OF SUBDIVISION FOUR OF SECTION  ONE  HUNDRED  SEVENTY-FOUR  OF
   46  THIS  SECTION, penalties collected pursuant to paragraph (b) of subdivi-
   47  sion four of section one hundred seventy-four-a of this  article,  money
   48  collected  pursuant to section one hundred eighty-seven of this article,
   49  all penalties collected pursuant to section one  hundred  ninety-two  of
   50  this  article,  and  registration fees collected pursuant to subdivision
   51  two of section 17-1009 of the environmental conservation law.
   52    S 5. The opening paragraph and subdivisions 4 and 5 of section 180  of
   53  the  navigation law, the opening paragraph and subdivision 4 as added by
   54  chapter 845 of the laws of 1977 and subdivision 5 as amended by  chapter
   55  35 of the laws of 1985, are amended to read as follows:
       S. 2008                            46                            A. 3008

    1    The  [state  comptroller]  COMMISSIONER shall appoint and supervise an
    2  administrator of the fund. The administrator shall be the  chief  execu-
    3  tive of the fund and shall have the following powers and duties:
    4    4.  To  certify  the  amount  of claims and names of claimants [to the
    5  state comptroller];
    6    5. To disburse moneys from the fund  for  cleanup  and  removal  costs
    7  pursuant to a certification of claims [by the commissioner].
    8    S  6.  Subdivisions  7  and 9 of section 185 of the navigation law, as
    9  added by chapter 672 of the  laws  of  1991,  are  amended  to  read  as
   10  follows:
   11    7. Within sixty calendar days from the close of such hearing and after
   12  due  consideration  of the written and oral statements and testimony and
   13  arguments filed pursuant to this section, or on default in appearance on
   14  said return day, the administrator shall make  [his]  A  final  determi-
   15  nation  on  the  validity  or  amount of the damage claims or claims for
   16  cleanup and removal costs filed by the injured persons. The  administra-
   17  tor  shall  notify  the  claimant  and, if known, the alleged discharger
   18  thereof in writing by registered mail.
   19    9. Upon a determination by the  administrator  that  provides  for  an
   20  award  to  the claimants, the administrator [shall certify the amount of
   21  the award and the name of the claimant to the  state  comptroller,  who]
   22  shall pay the award from the fund. In any case in which a person respon-
   23  sible  for  the  discharge  seeks judicial review, reasonable attorney's
   24  fees and costs shall be awarded to the claimant if the determination  of
   25  the administrator is affirmed.
   26    S  7.  Subdivisions  1  and 2 of section 186 of the navigation law, as
   27  amended by chapter 38 of the laws of 1985, subdivision 1  as  separately
   28  amended  by chapter 35 of the laws of 1985, paragraph (c) of subdivision
   29  2 as amended by chapter 672 of the laws of 1991  and  paragraph  (e)  of
   30  subdivision  2 as added by chapter 83 of the law of 1995, are amended to
   31  read as follows:
   32    1. (a) Moneys in the account established by paragraph (a) of  subdivi-
   33  sion  two  of  section  one  hundred  seventy-nine of this part shall be
   34  disbursed by the administrator[, upon certification by  the  commission-
   35  er,]  for the purpose of costs incurred under section one hundred seven-
   36  ty-six of this article.
   37    (b) Moneys in the account established by paragraph (b) of  subdivision
   38  two  of  section  one  hundred  seventy-nine  of this part shall, within
   39  forty-five days of the close of each license fee period, be deposited by
   40  the administrator[,] in the hazardous waste remedial fund created pursu-
   41  ant to section ninety-seven-b of the state finance law  for  expenditure
   42  pursuant to such section[; provided, however, that the state comptroller
   43  shall  cause  the  administrator  to  reimburse the commissioner for the
   44  reasonable costs of collecting the surcharge during those times when the
   45  license fee is not imposed].
   46    2. Moneys in the account established by paragraph (a)  of  subdivision
   47  two  of  section one hundred seventy-nine of this part, AS MAY BE APPRO-
   48  PRIATED BY THE LEGISLATURE, shall be  disbursed  by  the  administrator,
   49  upon certification by him OR HER, for the following purposes:
   50    (a) Damages as defined in section one hundred eighty-one of this arti-
   51  cle;
   52    (b)  Such  sums as may be necessary for research on the prevention and
   53  the effects of spills of petroleum on the environment and on the  devel-
   54  opment  AND  TESTING  of improved cleanup, CONTAINMENT and removal oper-
   55  ations [as may be appropriated by the  legislature;  provided,  however,
   56  that such sums shall not exceed the amount of interest which is credited
       S. 2008                            47                            A. 3008

    1  to  the  account  established  by  paragraph  (a)  of subdivision two of
    2  section one hundred seventy-nine of this part];
    3    (c)  Such  sums  as may be necessary for the general administration of
    4  the fund, equipment and personnel costs of the department  [of  environ-
    5  mental  conservation] and any other state agency related to the enforce-
    6  ment of this article [as may be appropriated by the legislature];
    7    (d) Such sums as may be [appropriated by  the  legislature]  NECESSARY
    8  for research and demonstration programs concerning the causes and abate-
    9  ment  of  ocean  pollution[; provided, however, that such sums shall not
   10  exceed the amount of interest which is credited to  the  account  estab-
   11  lished by paragraph (a) of subdivision two of section one hundred seven-
   12  ty-nine of this part].
   13    (e)  Such  sums  as  may  be necessary for the general administration,
   14  equipment and  personnel  costs  of  the  department  [of  environmental
   15  conservation]  related  to  the  administration  and  enforcement of the
   16  petroleum bulk storage program established  pursuant  to  title  ten  of
   17  article seventeen of the environmental conservation law.
   18    (F)  SUCH SUMS AS MAY BE NECESSARY FOR THE ACQUISITION AND MAINTENANCE
   19  OF PETROLEUM SPILL PREVENTION, RESPONSE OR PERSONAL SAFETY EQUIPMENT AND
   20  SUPPLIES AND TRAINING FOR STATE AND LOCAL GOVERNMENT ENTITIES, INCLUDING
   21  EMERGENCY SERVICES AGENCIES AND PERSONNEL.
   22    (G) SUCH SUMS AS MAY BE NECESSARY FOR PETROLEUM SPILL RESPONSE  DRILLS
   23  AND EXERCISES.
   24    (H)  SUCH  SUMS  AS  MAY BE NECESSARY FOR IDENTIFICATION, MAPPING, AND
   25  ANALYSIS OF POPULATIONS, ENVIRONMENTALLY SENSITIVE AREAS, AND  RESOURCES
   26  AT  RISK  FROM SPILLS OF PETROLEUM AND RELATED IMPACTS; AND THE DEVELOP-
   27  MENT, IMPLEMENTATION,  AND  UPDATING  OF  CONTINGENCY  PLANS,  INCLUDING
   28  GEOGRAPHIC RESPONSE PLANS, TO PROTECT THOSE POPULATIONS, SENSITIVE ENVI-
   29  RONMENTS,  AND RESOURCES IN THE EVENT OF A SPILL OF PETROLEUM OR RELATED
   30  IMPACTS.
   31    S 8. Section 191 of the navigation law, as amended by  chapter  35  of
   32  the laws of 1985, is amended to read as follows:
   33    S 191. [Joint  rules and regulations] RULES. The commissioner [and the
   34  state comptroller are]  IS  authorized  to  adopt,  amend,  repeal,  and
   35  enforce  such rules and regulations pursuant to the state administrative
   36  procedure act[, as they] THAT THE COMMISSIONER  may  deem  necessary  to
   37  accomplish the purposes of this article.
   38    S 9. Section 192 of the navigation law, as added by chapter 845 of the
   39  laws of 1977, is amended to read as follows:
   40    S 192. Enforcement  of  article;  penalties.  Any person who knowingly
   41  gives or causes to be given any false information as a part  of,  or  in
   42  response  to,  any  claim  made pursuant to this article for cleanup and
   43  removal costs, direct or indirect damages resulting from a discharge, or
   44  who otherwise violates any of the provisions of this article or any rule
   45  promulgated thereunder or who fails to comply with any duty  created  by
   46  this  article  shall be liable to a penalty of not more than twenty-five
   47  thousand dollars for each offense. SUCH PENALTY MAY BE ASSESSED  BY  THE
   48  COMMISSIONER AFTER A HEARING OR AN OPPORTUNITY TO BE HEARD OR in a court
   49  of  competent  jurisdiction.  If the violation is of a continuing nature
   50  each day during which it continues shall constitute an additional, sepa-
   51  rate and distinct offense.
   52    S 10. Section 196 of the navigation law, as amended by chapter  35  of
   53  the laws of 1985, is amended to read as follows:
   54    S 196. Reports. The commissioner [and the administrator] shall make an
   55  annual  report  to the legislature and the governor which shall describe
   56  the quality and quantity of spills of petroleum, the costs  and  damages
       S. 2008                            48                            A. 3008

    1  paid  by  and recovered for the fund, and the economic and environmental
    2  impact on the state as a result of the administration of this article.
    3    S 11. Subdivision 6 of section 200 of the navigation law, such section
    4  as renumbered by chapter 845 of the laws of 1977, is renumbered subdivi-
    5  sion 7 and a new subdivision 6 is added to read as follows:
    6    6. THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION MAY, AFTER A HEARING
    7  OR  AN  OPPORTUNITY  TO  BE HEARD, ASSESS A PENALTY OF UP TO TWENTY-FIVE
    8  THOUSAND DOLLARS PER DAY FOR ANY VIOLATION OF OR  A  FAILURE  TO  COMPLY
    9  WITH  ANY  PROVISION CONTAINED IN ARTICLE TWELVE OF THIS CHAPTER, OR ANY
   10  LAWFUL NOTICE, ORDER OR REGULATION PRESCRIBED  BY  THE  COMMISSIONER  OF
   11  ENVIRONMENTAL CONSERVATION UNDER SUCH PROVISION.
   12    S  12.  Subdivision  2  of  section  97-b of the state finance law, as
   13  amended by section 4 of part I of chapter 1 of  the  laws  of  2003,  is
   14  amended to read as follows:
   15    2. Such fund shall consist of all of the following:
   16    (a)  moneys appropriated for transfer to the fund's site investigation
   17  and construction account; (b) all fines and other  sums  accumulated  in
   18  the fund prior to April first, nineteen hundred eighty-eight pursuant to
   19  section 71-2725 of the environmental conservation law for deposit in the
   20  fund's  site  investigation  and  construction  account;  (c) all moneys
   21  collected or received by the department of taxation and finance pursuant
   22  to section 27-0923 of the environmental conservation law for deposit  in
   23  the  fund's  industry fee transfer account; (d) all moneys paid into the
   24  fund pursuant to section 72-0201 of the environmental  conservation  law
   25  which  shall  be  deposited in the fund's industry fee transfer account;
   26  (e) all moneys paid into the fund pursuant to PARAGRAPH (B) OF  SUBDIVI-
   27  SION  ONE  OF section one hundred eighty-six of the navigation law which
   28  shall be deposited in the fund's industry fee transfer account; (f)  all
   29  moneys  paid  into  the fund by municipalities for repayment of landfill
   30  closure loans made pursuant to title five of article  fifty-two  of  the
   31  environmental  conservation  law for deposit in the fund's site investi-
   32  gation and construction account; (g) all monies recovered under sections
   33  56-0503, 56-0505 and 56-0507 of the environmental conservation law  into
   34  the  fund's environmental restoration project account; (h) all fees paid
   35  into the fund pursuant to section 72-0403 of the environmental conserva-
   36  tion law which shall be deposited in the fund's  industry  fee  transfer
   37  account; (i) payments received for all state costs incurred in negotiat-
   38  ing  and overseeing the implementation of brownfield site cleanup agree-
   39  ments pursuant to title fourteen OF ARTICLE TWENTY-SEVEN of the environ-
   40  mental conservation law  shall  be  deposited  in  the  hazardous  waste
   41  remediation oversight and assistance account; and (j) other moneys cred-
   42  ited or transferred thereto from any other fund or source for deposit in
   43  the fund's site investigation and construction account.
   44    S 13. Continuation of rules and regulations pertaining to the adminis-
   45  tration  of the New York environmental protection and spill compensation
   46  fund. Upon the transfer of the functions and powers possessed by the New
   47  York state comptroller in regard to the administration of the  New  York
   48  environmental  protection  and  spill  compensation fund pursuant to the
   49  navigation law  to  the  department  of  environmental  conservation  as
   50  prescribed  by  this act, all rules, regulations, acts, orders, determi-
   51  nations and decisions, pertaining to the functions transferred  by  this
   52  act  to  the  department of environmental conservation shall continue in
   53  force and effect as rules, regulations, acts, determinations  and  deci-
   54  sions of the department of environmental conservation, unless duly modi-
   55  fied or repealed.
       S. 2008                            49                            A. 3008

    1    S  14. This act shall take effect immediately; provided, however, that
    2  to allow for an orderly transition of work the  department  of  environ-
    3  mental  conservation and the state comptroller may have until October 1,
    4  2015 to transfer all functions associated with the administration of the
    5  environmental  protection  and  spill  compensation  fund as required by
    6  sections two and five of this act; provided further that  the  increased
    7  fees  established pursuant to paragraphs (a) and (d) of subdivision 4 of
    8  section 174 of the navigation law as amended by section  three  of  this
    9  act shall take effect on September 1, 2015 and shall apply to any barrel
   10  that is transferred on and after such date.

   11                                   PART Y

   12    Section 1. The opening paragraph of subdivision 1 and subdivision 3 of
   13  section 72-0303 of the environmental conservation law, the opening para-
   14  graph of subdivision 1 as amended by section 1 of part BBB of chapter 59
   15  of  the laws of 2009 and subdivision 3 as amended by section 1 of part D
   16  of chapter 413 of the laws of 1999, are 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    3. Effective January first,  [nineteen  hundred  ninety-seven  through
   54  December  thirty-first, nineteen hundred ninety-eight, and notwithstand-
       S. 2008                            50                            A. 3008

    1  ing the requirements of the state administrative procedure act, the  cap
    2  of twenty-five dollars per ton] TWO THOUSAND SIXTEEN AND ANNUALLY THERE-
    3  AFTER,  THE BASE FEES AND PER TON FEES LISTED IN SUBDIVISION ONE OF THIS
    4  SECTION  shall increase by the percentage, if any, by which the consumer
    5  price index exceeds the consumer price index for the PRIOR calendar year
    6  [nineteen hundred eighty-nine].
    7    [a.] The consumer price index for any calendar year is the average  of
    8  the consumer price index for all urban consumers published by the United
    9  States  department  of labor, as of the close of the twelve-month period
   10  ending on August thirty-first of each calendar year.
   11    [b. The revision of the consumer price index  for  the  calendar  year
   12  nineteen  hundred  eighty-nine shall be used in the event the department
   13  of labor revises its method of determining the consumer price index.]
   14    S 2. Section 72-0302 of the environmental conservation law, as amended
   15  by chapter 608 of the laws of 1993, the opening paragraph of subdivision
   16  1 and the closing paragraph as amended by chapter 432  of  the  laws  of
   17  1997,  paragraph e as amended and paragraphs f and g of subdivision 1 as
   18  relettered by chapter 170 of the laws of 1994, is  amended  to  read  as
   19  follows:
   20  S 72-0302. State air quality control fees.
   21    1.  All  persons,  except  those  required  to pay a fee under section
   22  72-0303 of this [article] TITLE, who are required to  obtain  a  permit,
   23  [certificate] REGISTRATION or approval pursuant to the state air quality
   24  control  program  shall  submit to the department a [per emission point]
   25  fee in an amount established as follows:
   26    a. [$11,000.00] $2,500.00 for a  stationary  [combustion  installation
   27  having  a  maximum  operating  heat input equal to or greater than fifty
   28  million British thermal units per hour as  stated  on  the  most  recent
   29  application  for  a permit to construct or application for a certificate
   30  to operate and which emits or has the potential  to  emit  equal  to  or
   31  greater than any one of the following:
   32    (i)  one hundred tons per year of oxides of nitrogen, or if located in
   33  a severe ozone nonattainment area, twenty-five tons per year; or
   34    (ii) one hundred tons per year of sulfur dioxide; or
   35    (iii) one hundred tons per year of particulates] SOURCE SUBJECT  TO  A
   36  STATE FACILITY PERMIT.
   37    b.  [$2,000.00]  $250.00  for [all] A stationary [combustion installa-
   38  tions which are not included under paragraph a of this  subdivision  and
   39  which  have  a  maximum  operating heat input greater than fifty million
   40  British thermal units per hour as stated on the most recent  application
   41  for  a certificate to operate] SOURCE SUBJECT TO A MINOR FACILITY REGIS-
   42  TRATION FROM THE DEPARTMENT.
   43    c. [$100.00]  $2,500.00  for  a  [stationary  combustion  installation
   44  having  a  maximum  operating heat input less than fifty million British
   45  thermal units per hour as stated on the most recent  application  for  a
   46  certificate to operate] FACILITY WITH ANY OTHER OPERATING APPROVAL.
   47    [d.  $2,000.00  for  a  process air contamination source for an annual
   48  emission rate equal to or greater than twenty-five tons per year of  any
   49  one  of  the following: sulfur dioxide, nitrogen dioxide, total particu-
   50  lates, carbon monoxide,  total  volatile  organic  compounds  and  other
   51  specific  air contaminants. The annual emission rate shall be the actual
   52  annual emission rate as stated on the  most  recent  application  for  a
   53  permit to construct or application for a certificate to operate.  In the
   54  event  that  hours  of operation have not been specified on the applica-
   55  tions then maximum possible hours of operation (8760 hours) will be used
   56  to calculate actual annual emissions.
       S. 2008                            51                            A. 3008

    1    e. $160.00 for a process air contamination source, except  a  gasoline
    2  dispencing  site, for an annual emission rate less than twenty-five tons
    3  per year of any one of the following: sulfur dioxide, nitrogen  dioxide,
    4  total  particulates,  carbon  monoxide, total volatile organic compounds
    5  and  other  specific air contaminants. The annual emission rate shall be
    6  the actual annual emission rate as applied for on the most recent appli-
    7  cation for a permit to construct or application  for  a  certificate  to
    8  operate. In the event that hours of operation have not been specified on
    9  the  applications  then maximum possible hours of operation (8760 hours)
   10  will be used to calculate actual annual emissions.
   11    f. $2,000.00 for an  incinerator  capable  of  charging  two  thousand
   12  pounds  of  refuse  per  hour  or greater. The charging capacity will be
   13  established in accordance with  the  application  for  the  most  recent
   14  permit  to  construct  or  application  for a certificate to operate the
   15  incinerator source and will be calculated on an emission point basis.
   16    g. $160.00 for an incinerator with a maximum  design  charge  rate  of
   17  less  than two thousand pounds of refuse per hour. The charging capacity
   18  will be established in accordance with  the  application  for  the  most
   19  recent  permit  to construct or application for a certificate to operate
   20  the incinerator source and will  be  calculated  on  an  emission  point
   21  basis.]
   22    Provided,  however,  that  where  a  city  or  county is delegated the
   23  authority to administer the state air quality control  program,  or  any
   24  portion  thereof,  pursuant to paragraph p of subdivision two of section
   25  3-0301 of this chapter and  such  city  or  county  collects  a  fee  in
   26  connection with the issuance of a permit, [certificate] REGISTRATION, or
   27  approval  for  a  [combustion  installation,  incinerator or process air
   28  contamination] STATIONARY source SUBJECT TO  A  STATE  FACILITY  PERMIT,
   29  MINOR  FACILITY  REGISTRATION OR OTHER OPERATING APPROVAL, no additional
   30  liability for fees under this section shall accrue for  the  [particular
   31  combustion  installation,  incinerator  or  process  air  contamination]
   32  source that is subject to the delegation.
   33    2. NOTWITHSTANDING THE REQUIREMENTS OF THE STATE ADMINISTRATIVE PROCE-
   34  DURE ACT, BEGINNING JANUARY FIRST, TWO  THOUSAND  SIXTEEN  AND  ANNUALLY
   35  THEREAFTER,  THE  FEES  LISTED  IN SUBDIVISION ONE OF THIS SECTION SHALL
   36  INCREASE BY THE PERCENTAGE, IF ANY, BY WHICH THE  CONSUMER  PRICE  INDEX
   37  EXCEEDS  THE  CONSUMER  PRICE  INDEX  FOR  THE  PRIOR CALENDAR YEAR. THE
   38  CONSUMER PRICE INDEX FOR ANY CALENDAR YEAR IS THE AVERAGE OF THE CONSUM-
   39  ER PRICE INDEX FOR ALL URBAN CONSUMERS PUBLISHED BY  THE  UNITED  STATES
   40  DEPARTMENT  OF  LABOR, AS OF THE CLOSE OF THE TWELVE-MONTH PERIOD ENDING
   41  ON AUGUST THIRTY-FIRST OF EACH CALENDAR YEAR. SUCH CALCULATIONS AND FEES
   42  SHALL BE ESTABLISHED AS A  RULE  BY  PUBLICATION  IN  THE  ENVIRONMENTAL
   43  NOTICE  BULLETIN NO LATER THAN THIRTY DAYS AFTER THE BUDGET BILLS MAKING
   44  APPROPRIATIONS FOR THE SUPPORT OF GOVERNMENT ARE ENACTED OR JULY  FIRST,
   45  WHICHEVER IS LATER, OF THE YEAR SUCH FEE WILL BE EFFECTIVE.
   46    S 3. Subdivisions a, b, c, d, e, f, g, h, i, j, k, l, m, n, q and t of
   47  section  72-0602 of the environmental conservation law, paragraphs a, b,
   48  c, d, e, f, g, h, q and t as amended by section 1 of part JJ of  chapter
   49  59 of the laws of 2009, subdivision i as amended by section 1 of part T1
   50  of  chapter 62 of the laws of 2003, and subdivisions j, k, l, m and n as
   51  amended by chapter 62 of the laws  of  1989,  are  amended  to  read  as
   52  follows:
   53    a.  [$300.00]  $375.00  for  any  P/C/I  facilities having a permit to
   54  discharge or discharging at an average daily rate of less  than  100,000
   55  gallons;
       S. 2008                            52                            A. 3008

    1    b. [$600.00] $750.00 for P/C/I facilities having a permit to discharge
    2  or discharging at an average daily rate of 100,000 gallons or more;
    3    c.  [$600.00]  $750.00  for  industrial  facilities having a permit to
    4  discharge or discharging at an average daily rate of  less  than  10,000
    5  gallons;
    6    d.  [$2,000.00] $2,300.00 for industrial facilities having a permit to
    7  discharge or discharging at an average  daily  rate  of  between  10,000
    8  gallons and 99,999 gallons;
    9    e.  [$6,000.00] $7,250.00 for industrial facilities having a permit to
   10  discharge or discharging at an average daily  rate  of  between  100,000
   11  gallons and 499,999 gallons;
   12    f.  [$20,000.00]  $25,000.00 for industrial facilities having a permit
   13  to discharge or discharging at an average daily rate of between  500,000
   14  and 999,999 gallons;
   15    g.  [$30,000.00]  $37,000.00 for industrial facilities having a permit
   16  to discharge  or  discharging  at  an  average  daily  rate  of  between
   17  1,000,000 and 9,999,999 gallons;
   18    h.  [$50,000.00]  $58,000.00 for industrial facilities having a permit
   19  to discharge or discharging at  an  average  daily  rate  of  10,000,000
   20  gallons or more;
   21    i. [$50,000.00] $58,000.00 for any power plant;
   22    j.  [$375.00]  $450.00  for  municipal  facilities  having a permit to
   23  discharge or discharging at an average daily rate of less  than  200,000
   24  gallons;
   25    k.  [$1,875.00]  $2,000.00 for municipal facilities having a permit to
   26  discharge or discharging at an average daily rate of between 200,000 and
   27  999,999 gallons;
   28    l. [$7,500.00] $8,000.00 for municipal facilities having a  permit  to
   29  discharge  or  discharging at an average daily rate of between 1,000,000
   30  and 4,999,999 gallons;
   31    m. [$15,000.00] $15,500.00 for municipal facilities having a permit to
   32  discharge or discharging at an average daily rate of  between  5,000,000
   33  and 39,999,999 gallons;
   34    n. [$37,500.00] $38,500.00 for municipal facilities having a permit to
   35  discharge  or discharging at an average daily rate of 40,000,000 gallons
   36  or more;
   37    q. [$100.00] $125.00 per acre disturbed  plus  [$600.00]  $700.00  per
   38  future impervious acre for any facility, not owned or managed by a local
   39  government  or  a state department, agency, or authority, discharging or
   40  authorized to discharge  pursuant  to  a  SPDES  permit  for  stormwater
   41  discharges from construction activity. For the purposes of this subdivi-
   42  sion,  acres  disturbed are acres subject to clearing, grading, or exca-
   43  vating subject to SPDES permitting and future impervious acres are acres
   44  that will be newly paved or roofed during construction;
   45    t. [$100.00] $150.00 for any facility, other than a municipal separate
   46  storm sewer as defined by 40 CFR S122.26 (b) (8), discharging or author-
   47  ized to discharge pursuant to a general permit unless a specific fee  is
   48  imposed  pursuant  to  subdivisions a through s of this section for such
   49  discharge or authorization to discharge.
   50    S 4. Section 72-0602 of the environmental conservation law is  amended
   51  by adding a new closing paragraph to read as follows:
   52    NOTWITHSTANDING  THE  PROVISIONS OF THE STATE ADMINISTRATIVE PROCEDURE
   53  ACT, BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN AND  ANNUALLY  THERE-
   54  AFTER,  THE  FEES LISTED ABOVE SHALL INCREASE BY THE PERCENTAGE, IF ANY,
   55  BY WHICH THE CONSUMER PRICE INDEX EXCEEDS THE CONSUMER PRICE  INDEX  FOR
   56  THE  PRIOR CALENDAR YEAR. THE CONSUMER PRICE INDEX FOR ANY CALENDAR YEAR
       S. 2008                            53                            A. 3008

    1  IS THE AVERAGE OF THE CONSUMER  PRICE  INDEX  FOR  ALL  URBAN  CONSUMERS
    2  PUBLISHED  BY  THE UNITED STATES DEPARTMENT OF LABOR, AS OF THE CLOSE OF
    3  THE TWELVE-MONTH PERIOD ENDING ON AUGUST THIRTY-FIRST OF  EACH  CALENDAR
    4  YEAR.  SUCH  CALCULATIONS  AND  FEES  SHALL  BE ESTABLISHED AS A RULE BY
    5  PUBLICATION IN THE ENVIRONMENTAL NOTICE BULLETIN NO  LATER  THAN  THIRTY
    6  DAYS  AFTER  THE  BUDGET  BILLS MAKING APPROPRIATIONS FOR THE SUPPORT OF
    7  GOVERNMENT ARE ENACTED OR JULY FIRST, WHICHEVER IS LATER,  OF  THE  YEAR
    8  SUCH FEE WILL BE EFFECTIVE.
    9    S  5.  This  act  shall take effect immediately and shall apply to all
   10  bills issued on and after January 1, 2015.

   11                                   PART Z

   12    Section 1. Subdivision 3  of  section  15-1525  of  the  environmental
   13  conservation law, as amended by section 2 of part F of chapter 59 of the
   14  laws of 2006, is amended to read as follows:
   15    3.  The  certificate  of  registration  shall require that, before the
   16  commencement of drilling of any well or wells, the  water  well  driller
   17  shall  file  a  preliminary  notice  with  the department; it shall also
   18  provide that upon the completion of the drilling of any  water  well  or
   19  water  wells,  a  completion report be filed with the department, giving
   20  the log of the well, the size and depth thereof,  the  capacity  of  the
   21  pump  or pumps attached or to be attached thereto, and such other infor-
   22  mation pertaining to the withdrawal of water and operation of such water
   23  well or water wells as the department by its rules and  regulations  may
   24  require.  The water well driller shall provide a copy of such completion
   25  report to the water well owner. The number of the certificate of  regis-
   26  tration  must  be displayed on the well drilling machinery of the regis-
   27  trant. The certificate of registration shall also contain  a  notice  to
   28  the  certificate  holder that the business activities authorized by such
   29  certificate are subject to the provisions of article thirty-six-A of the
   30  general business law. [The fee  for  such  certificate  of  registration
   31  shall  be  ten  dollars  annually.]  The commissioner shall promulgate a
   32  water well completion report form which shall be utilized by  all  water
   33  well  drillers  in  satisfying  the requirements of this section and any
   34  other provision of state or local law which requires the submission of a
   35  water well completion report or water well log.
   36    S 2. This act shall take effect immediately.

   37                                   PART AA

   38    Section 1. Paragraph 4 of subdivision (a) of section 83 of  the  state
   39  finance  law,  as amended by chapter 512 of the laws of 1994, is amended
   40  to read as follows:
   41    4. (i) There is hereby created a special account within the  conserva-
   42  tion  fund  to  be  known  as  the  state fish and game trust account to
   43  consist of all moneys received by the state from the  sale  of  lifetime
   44  hunting, fishing, trapping, archery and muzzle-loading licenses pursuant
   45  to  section  11-0702  of  the  environmental conservation law. The state
   46  comptroller shall invest the moneys in such  account  in  securities  as
   47  defined by section ninety-eight-a of this article, EXCEPT AS PROVIDED IN
   48  SUBPARAGRAPH  (III)  OF THIS PARAGRAPH. Any income earned by the invest-
   49  ment of such moneys, except income transferred to the conservation  fund
   50  pursuant  to subparagraph (iii) of this paragraph, shall be added to and
   51  become a part of, and shall be used for the purposes of such account.
       S. 2008                            54                            A. 3008

    1    (ii) The state comptroller shall provide an annual report of the trust
    2  account which lists the amount of the principal,  THE  PRINCIPAL  TRANS-
    3  FERRED  TO  THE  HABITAT  CONSERVATION  AND  ACCESS  ACCOUNT PURSUANT TO
    4  SUBPARAGRAPH (III) OF THIS PARAGRAPH,  the  earned  income,  the  earned
    5  income  accrued  to  the principal, and the earned income transferred to
    6  the conservation fund pursuant to subparagraph (iii) of  this  paragraph
    7  not later than April tenth of each year for the state fiscal year ending
    8  the  immediately  preceding  March  thirty-first.  A copy of such report
    9  shall be transmitted, forthwith, to the director of the division of  the
   10  budget,  the  chairman  of the senate finance committee, the chairman of
   11  the assembly ways and means committee, the commissioner of  the  depart-
   12  ment of environmental conservation and each of the eleven members of the
   13  conservation  fund advisory [council] BOARD, created pursuant to section
   14  [seven hundred] 11-0327 of the  [executive]  ENVIRONMENTAL  CONSERVATION
   15  law.
   16    (iii)  Earned  income  from  the sale of all lifetime licenses, except
   17  income earned on the proceeds of the sale of a lifetime  license  during
   18  the  period  from  sale  of  such  license until April first of the year
   19  following one full year of deposit of the proceeds of the sale  of  such
   20  lifetime license, shall be available for deposit within the conservation
   21  fund pursuant to paragraph one of this subdivision in an amount equal to
   22  the  cost  of  the  appropriate  annual license. The earned income which
   23  exceeds the current cost of each annual license comparable to the  life-
   24  time  license,  shall  be  added  to the trust account as principal. The
   25  earned income from lifetime licenses issued to persons who are under the
   26  legal age to implement such licenses shall be added to the trust account
   27  as principal until such person becomes of legal age  to  hunt,  fish  or
   28  trap.  BEGINNING  APRIL  FIRST,  TWO THOUSAND FIFTEEN, UP TO ONE MILLION
   29  FIVE HUNDRED THOUSAND DOLLARS ANNUALLY FROM  THE  STATE  FISH  AND  GAME
   30  TRUST  ACCOUNT SHALL BE AVAILABLE FOR DEPOSIT WITHIN THE HABITAT CONSER-
   31  VATION AND ACCESS ACCOUNT ESTABLISHED PURSUANT TO SECTION EIGHTY-THREE-A
   32  OF THIS ARTICLE.
   33    S 2. Subdivision (h) of  section  83  of  the  state  finance  law  is
   34  REPEALED.
   35    S  3. The state finance law is amended by adding a new section 83-a to
   36  read as follows:
   37    S 83-A. HABITAT CONSERVATION AND ACCESS ACCOUNT. (A) THERE  IS  HEREBY
   38  CREATED  AN  ACCOUNT WITHIN THE MISCELLANEOUS CAPITAL PROJECTS FUND, THE
   39  HABITAT CONSERVATION AND ACCESS ACCOUNT. THE  HABITAT  CONSERVATION  AND
   40  ACCESS  ACCOUNT SHALL CONSIST OF ALL MONEYS FROM FUNDS OF THE STATE FISH
   41  AND GAME TRUST ACCOUNT AUTHORIZED TO BE DEPOSITED PURSUANT  TO  SUBPARA-
   42  GRAPH (III) OF PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
   43  OF THIS ARTICLE RECEIVED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
   44  FROM  THE  SALE OF LIFETIME LICENSES FOR HUNTING, TRAPPING, AND FISHING,
   45  AND ALL MONEYS, REVENUES AND INTEREST THEREON RECEIVED AS  A  RESULT  OF
   46  THE APPLICATION OF SUBDIVISION SEVENTEEN OF SECTION 11-0305 OF THE ENVI-
   47  RONMENTAL  CONSERVATION  LAW AUTHORIZING THE ISSUANCE AND SALE OF VOLUN-
   48  TARY HABITAT STAMPS, OTHER THAN THE AMOUNT RETAINED BY THE ISSUING AGENT
   49  OR OFFICER.   THE HABITAT  CONSERVATION  AND  ACCESS  ACCOUNT  SHALL  BE
   50  SUBJECT  TO  THE  SAME  RESTRICTIONS AND PROTECTIONS AS THE CONSERVATION
   51  FUND.
   52    (B) THESE MONEYS, AFTER APPROPRIATION BY THE LEGISLATURE,  AND  WITHIN
   53  THE  AMOUNTS  SET FORTH AND FOR THE SEVERAL PURPOSES SPECIFIED, SHALL BE
   54  AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FOR THE  CAPI-
   55  TAL  EXPENSES ASSOCIATED WITH MANAGEMENT, PROTECTION, AND RESTORATION OF
       S. 2008                            55                            A. 3008

    1  FISH AND WILDLIFE HABITATS, AND IMPROVEMENT AND  DEVELOPMENT  OF  PUBLIC
    2  ACCESS FOR FISH AND WILDLIFE RELATED RECREATION.
    3    (C) ALL PAYMENTS MADE FROM THE HABITAT CONSERVATION AND ACCESS ACCOUNT
    4  SHALL  BE MADE BY THE DEPARTMENT OF TAXATION AND FINANCE AFTER AUDIT AND
    5  UPON WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSIONER
    6  OF ENVIRONMENTAL CONSERVATION. AFTER APPROPRIATIONS MADE AVAILABLE  FROM
    7  THE  HABITAT  CONSERVATION  AND ACCESS ACCOUNT SHALL CEASE TO HAVE FORCE
    8  AND EFFECT, ANY BALANCES REMAINING UNEXPENDED AND NOT REQUIRED  TO  MEET
    9  THE  PROPER  AND NECESSARY EXPENSES OF THE DIVISION OF FISH AND WILDLIFE
   10  SHALL REVERT TO THE STATE FISH AND GAME TRUST ACCOUNT ESTABLISHED PURSU-
   11  ANT TO PARAGRAPH FOUR OF SUBDIVISION (A) OF SECTION EIGHTY-THREE OF THIS
   12  ARTICLE.
   13    (D) NO FUNDS MAY BE TRANSFERRED OR USED IN ANY WAY WHICH WOULD  RESULT
   14  IN  THE LOSS OF ELIGIBILITY FOR FEDERAL BENEFITS OR FEDERAL FUNDS PURSU-
   15  ANT TO FEDERAL LAW, RULE, OR REGULATION AS ASSENTED TO  IN  CHAPTER  SIX
   16  HUNDRED  EIGHTY-THREE  OF  THE LAWS OF NINETEEN HUNDRED THIRTY-EIGHT AND
   17  CHAPTER SEVEN HUNDRED OF THE LAWS OF NINETEEN HUNDRED FIFTY-ONE.
   18    S 4. Subdivision 17 of section 11-0305 of the environmental  conserva-
   19  tion  law,  as added by section 3 of part F of chapter 82 of the laws of
   20  2002, is amended to read as follows:
   21    17. To prepare or cause to be prepared voluntary  habitat  stamps  and
   22  furnish  such stamps annually to license issuing agents and officers for
   23  sale and issuance in the same manner as  licenses  and  other  types  of
   24  stamps. The department shall, by rule, establish the fee for the habitat
   25  stamp  which  shall  [not  exceed]  BE NO LESS THAN five dollars plus an
   26  additional amount for the issuing agent or officer. The  purchase  of  a
   27  stamp  is  voluntary  and a stamp need not be possessed in order to take
   28  fish or wildlife.
   29    S 5. 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; provided,
   31  however, that all funds in the habitat account of the conservation fund,
   32  established  pursuant  to  subdivision  (h)  of  section 83 of the state
   33  finance law, on the effective date of this act shall be  transferred  to
   34  the  habitat  conservation  and  access  account established pursuant to
   35  section 83-a of the state finance law as added by section three of  this
   36  act.

   37                                   PART BB

   38    Section  1.  Paragraph  a of section 11.00 of the local finance law is
   39  amended by adding a new subdivision 29-a to read as follows:
   40    29-A. TRANSIT MOTOR VEHICLES. THE PURCHASE OF MUNICIPALLY OWNED  OMNI-
   41  BUS OR SIMILAR SURFACE TRANSIT MOTOR VEHICLES, TEN YEARS.
   42    S 2. This act shall take effect immediately.
   43    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   44  sion,  section  or  part  of  this act shall be adjudged by any court of
   45  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   46  impair,  or  invalidate  the remainder thereof, but shall be confined in
   47  its operation to the clause, sentence, paragraph,  subdivision,  section
   48  or part thereof directly involved in the controversy in which such judg-
   49  ment shall have been rendered. It is hereby declared to be the intent of
   50  the  legislature  that  this  act  would  have been enacted even if such
   51  invalid provisions had not been included herein.
   52    S 3. This act shall take effect immediately  provided,  however,  that
   53  the applicable effective date of Parts A through BB of this act shall be
   54  as specifically set forth in the last section of such Parts.
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