S06408 Summary:

BILL NOS06408C
 
SAME ASSAME AS UNI. A09008-C
 
SPONSORBUDGET
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2016-2017 state fiscal year; intentionally omitted (Part A); intentionally omitted (Part B); intentionally omitted (Part C); amends the vehicle and traffic law and the state finance law, in relation to the dedication of revenues and the costs of the department of motor vehicles; amends chapter 751 of the laws of 2005 amending the insurance law and the vehicle and traffic law relating to establishing the accident prevention course internet technology pilot program, in relation to the effectiveness thereof; repeals subdivision 2 of section 89-g of the state finance law relating to funds to be placed into the accident prevention course internet, and other technology pilot program fund; and repeals certain provisions of the state finance law relating to the motorcycle safety fund (Part D); amends the vehicle and traffic law, in relation to covered farm vehicles and to expand the scope of the P endorsement; and repeals certain provisions of such law relating thereto (Part E); amends the New York state urban development corporation act, in relation to extending certain provisions relating to the empire state economic development fund (Part F); amends chapter 393 of the laws of 1994, amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make loans, in relation to the effectiveness thereof (Part G); establishes the Transformational Economic Development Infrastructure and Revitalization Projects act; and provides for the repeal of such provisions upon expiration thereof (Part H); authorizes and directs the New York state energy research and development authority to make a payment to the general fund of up to $913,000 (Part I); authorizes the New York state energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, zero emissions vehicle and electric vehicle rebate and Fuel NY programs, and to finance the department of environmental conservation's climate change program, from an assessment on gas and electric corporations (Part J); authorizes the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part K); amends the public service law, in relation to authorizing the department of public service to increase program efficiencies (Part L); amends chapter 21 of the laws of 2003, amending the executive law, relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part M); intentionally omitted (Part N); amends the general business law, in relation to authorized combative sports and to the costs of boxer medical examinations; and amends a chapter of the laws of 2016 amending the general business law and other laws relating to authorized combative sports, as proposed in legislative bill numbers S.5949-A and A.2604-C, in relation to the effectiveness thereof and the service of commissioners on the state athletic commission (Part O); amends chapter 584 of the laws of 2011, amending the public authorities law relating to the powers and duties of the dormitory authority of the state of New York relative to the establishment of subsidiaries for certain purposes, in relation to the effectiveness thereof (Part P); intentionally omitted (Part Q); intentionally omitted (Part R); amends the New York state urban development corporation act, in relation to transferring the statutory authority for the promulgation of marketing orders from the department of agriculture and markets to the New York state urban development corporation; repeals certain provisions of the agriculture and markets law relating to the marketing of agricultural products; and provides for the repeal of such provisions upon expiration thereof (Part S); amends the environmental conservation law, in relation to waste tire management (Part T); amends the state finance law, in relation to creating a new climate change mitigation and adaptation account in the environmental protection fund; amends the environmental conservation law, in relation to local waterfront revitalization programs; amends the environmental conservation law, in relation to climate smart community projects; and amends the executive law, in relation to payments for local waterfront revitalization programs (Part U); intentionally omitted (Part V); amends the New York state urban development corporation act, in relation to the criteria governing the award of grants from the beginning farmers NY fund (Part W); amends the environmental conservation law, in relation to retrofit technology for diesel-fueled vehicles (Part X); amends the vehicle and traffic law, in relation to the disposition of certain fees received from the registration of snowmobiles (Part Y); amends the public service law, in relation to operation of farm waste electric generating equipment (Part Z); relates to establishing a zero emissions vehicle and clean burning fuel vehicle rebate program (Part AA); and amends subpart H of part C of chapter 20 of the laws of 2015, appropriating money for certain municipal corporations and school districts, in relation to funding to local government entities from the urban development corporation; and repeals certain provisions of such law relating thereto (Part BB).
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S06408 Actions:

BILL NOS06408C
 
01/14/2016REFERRED TO FINANCE
02/16/2016AMEND (T) AND RECOMMIT TO FINANCE
02/16/2016PRINT NUMBER 6408A
03/12/2016AMEND (T) AND RECOMMIT TO FINANCE
03/12/2016PRINT NUMBER 6408B
03/30/2016AMEND (T) AND RECOMMIT TO FINANCE
03/30/2016PRINT NUMBER 6408C
03/31/2016ORDERED TO THIRD READING CAL.516
03/31/2016SUBSTITUTED BY A9008C
 A09008 AMEND=C Budget
 01/14/2016referred to ways and means
 02/16/2016amend and recommit to ways and means
 02/16/2016print number 9008a
 03/11/2016amend (t) and recommit to ways and means
 03/11/2016print number 9008b
 03/30/2016amend (t) and recommit to ways and means
 03/30/2016print number 9008c
 03/31/2016reported referred to rules
 03/31/2016reported
 03/31/2016rules report cal.24
 03/31/2016ordered to third reading rules cal.24
 03/31/2016motion to postpone lost
 03/31/2016message of necessity - 3 day message
 03/31/2016passed assembly
 03/31/2016delivered to senate
 03/31/2016REFERRED TO FINANCE
 03/31/2016SUBSTITUTED FOR S6408C
 03/31/2016MESSAGE OF NECESSITY - 3 DAY MESSAGE
 03/31/20163RD READING CAL.516
 03/31/2016PASSED SENATE
 03/31/2016RETURNED TO ASSEMBLY
 04/01/2016delivered to governor
 04/12/2016signed chap.58
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S06408 Memo:

Memo not available
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S06408 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6408--C                                            A. 9008--C
 
                SENATE - ASSEMBLY
 
                                    January 14, 2016
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN  ACT  intentionally omitted (Part A); intentionally omitted (Part B);
          intentionally omitted (Part C); to amend the vehicle and  traffic  law
          and  the  state finance law, in relation to the dedication of revenues
          and the costs of the department of motor vehicles;  to  amend  chapter
          751 of the laws of 2005 amending the insurance law and the vehicle and
          traffic  law  relating  to establishing the accident prevention course
          internet technology pilot program, in relation  to  the  effectiveness
          thereof;  to repeal subdivision 2 of section 89-g of the state finance
          law relating to funds to be placed into the accident prevention course
          internet, and other technology  pilot  program  fund;  and  to  repeal
          certain provisions of the state finance law relating to the motorcycle
          safety  fund  (Part  D);  to  amend  the  vehicle  and traffic law, in
          relation to covered farm vehicles and to expand the  scope  of  the  P
          endorsement;  and  to  repeal  certain provisions of such law relating
          thereto (Part E); to amend the New York state urban development corpo-
          ration act, in relation to extending certain  provisions  relating  to
          the  empire state economic development fund (Part F); 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 effective-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12673-05-6

        S. 6408--C                          2                         A. 9008--C
 
          ness thereof (Part G);  to  establish  the  Transformational  Economic
          Development   Infrastructure  and  Revitalization  Projects  act;  and
          providing for the repeal of such provisions  upon  expiration  thereof
          (Part  H);  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 I); to authorize the New York state energy research
          and development authority to finance a portion of its research, devel-
          opment and demonstration, policy and planning, zero emissions  vehicle
          and  electric  vehicle rebate and Fuel NY programs, and to finance the
          department of environmental  conservation's  climate  change  program,
          from  an  assessment  on  gas  and  electric corporations (Part J); to
          authorize the department of health to finance certain activities  with
          revenues  generated  from  an assessment on cable television companies
          (Part K); to amend the public service law, in relation to  authorizing
          the  department  of  public  service  to increase program efficiencies
          (Part L); to amend chapter 21 of the laws of 2003, amending the execu-
          tive law, relating to permitting the secretary  of  state  to  provide
          special  handling for all documents filed or issued by the division of
          corporations  and  to  permit  additional  levels  of  such  expedited
          service,  in  relation  to extending the expiration date thereof (Part
          M); intentionally omitted (Part N); to amend the general business law,
          in relation to authorized combative sports and to the costs  of  boxer
          medical  examinations;  and  to  amend  a  chapter of the laws of 2016
          amending the general business law and other laws relating  to  author-
          ized  combative  sports,  as  proposed  in  legislative  bill  numbers
          S.5949-A and A.2604-C, in relation to the  effectiveness  thereof  and
          the  service  of  commissioners on the state athletic commission (Part
          O); to amend chapter 584 of the laws  of  2011,  amending  the  public
          authorities  law  relating  to  the powers and duties of the dormitory
          authority of the state of New York relative to  the  establishment  of
          subsidiaries  for  certain  purposes, in relation to the effectiveness
          thereof (Part P); intentionally omitted (Part Q); intentionally  omit-
          ted  (Part  R);  to  amend the New York state urban development corpo-
          ration act, in relation to transferring the  statutory  authority  for
          the  promulgation  of marketing orders from the department of agricul-
          ture and markets to the New York state urban development  corporation;
          to repeal certain provisions of the agriculture and markets law relat-
          ing  to  the marketing of agricultural products; and providing for the
          repeal of such provisions upon expiration thereof (Part S);  to  amend
          the  environmental conservation law, in relation to waste tire manage-
          ment (Part T); to amend the state finance law, in relation to creating
          a new climate change mitigation and adaptation account in the environ-
          mental protection fund; to amend the environmental  conservation  law,
          in  relation to local waterfront revitalization programs; to amend the
          environmental conservation law, in relation to climate smart community
          projects; and to amend the executive law, in relation to payments  for
          local waterfront revitalization programs (Part U); intentionally omit-
          ted  (Part  V);  to  amend the New York state urban development corpo-
          ration act, in relation to the criteria governing the award of  grants
          from  the  beginning  farmers  NY fund (Part W); to amend the environ-
          mental conservation law, in relation to retrofit technology for  dies-
          el-fueled  vehicles (Part X); to amend the vehicle and traffic law, in
          relation to the disposition of certain fees received from  the  regis-
          tration  of  snowmobiles (Part Y); to amend the public service law, in
          relation to operation of  farm  waste  electric  generating  equipment
          (Part  Z); relating to establishing a zero emissions vehicle and clean

        S. 6408--C                          3                         A. 9008--C
 
          burning fuel vehicle rebate program (Part AA); and to amend subpart  H
          of  part  C of chapter 20 of the laws of 2015, appropriating money for
          certain municipal corporations and school districts,  in  relation  to
          funding to local government entities from the urban development corpo-
          ration;  and to repeal certain provisions of such law relating thereto
          (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 2016-2017
     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                            Intentionally Omitted
 
    14                                   PART B
 
    15                            Intentionally Omitted
 
    16                                   PART C
 
    17                            Intentionally Omitted
 
    18                                   PART D
 
    19    Section 1. Section 399-l of the vehicle and traffic law, as  added  by
    20  chapter 751 of the laws of 2005, is amended to read as follows:
    21    §  399-l.  Application.  Applicants  for  participation  in  the pilot
    22  program established pursuant to this article shall be among those  acci-
    23  dent  prevention  course sponsoring agencies that have a course approved
    24  by the commissioner pursuant to article twelve-B of this title prior  to
    25  the  effective date of this article and which deliver such course to the
    26  public.  Provided,  however,  the  commissioner  may,  in  his  or   her
    27  discretion,  approve  applications  after  such  date.  In  order  to be
    28  approved for participation in such pilot program, the course must comply
    29  with the provisions of law, rules and  regulations  applicable  thereto.
    30  The  commissioner  may,  in  his or her discretion, impose a fee for the
    31  submission of each application  to  participate  in  the  pilot  program
    32  established  pursuant  to  this article. Such fee shall not exceed seven
    33  thousand five hundred dollars. The  proceeds  from  such  fee  shall  be
    34  deposited  [in  the accident prevention course internet technology pilot
    35  program fund as  established  by  section  eighty-nine-g  of  the  state
    36  finance  law] by the comptroller into the special obligation reserve and
    37  payment account of the dedicated highway and bridge  trust  fund  estab-

        S. 6408--C                          4                         A. 9008--C
 
     1  lished  pursuant  to  section eighty-nine-b of the state finance law for
     2  the purposes established in this section.
     3    §  2.  Subdivision  2  of  section  89-g  of  the state finance law is
     4  REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3.
     5    § 3. Section 5 of chapter 751 of the laws of 2005, amending the insur-
     6  ance law and the vehicle and traffic law relating  to  establishing  the
     7  accident prevention course internet technology pilot program, as amended
     8  by  section 1 of part E of chapter 57 of the laws of 2014, is amended to
     9  read as follows:
    10    § 5. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law and shall expire and be deemed repealed  [May
    12  31,  2019] April 1, 2020; provided that any rules and regulations neces-
    13  sary to implement the provisions of this act on its effective  date  are
    14  authorized and directed to be completed on or before such date.
    15    §  4.  Paragraph  a of subdivision 5 of section 410 of the vehicle and
    16  traffic law, as amended by section 16 of part G of  chapter  59  of  the
    17  laws of 2009, is amended to read as follows:
    18    a.  The  annual fee for registration or reregistration of a motorcycle
    19  shall be eleven dollars and fifty cents.  Beginning April  first,  nine-
    20  teen hundred ninety-eight the annual fee for registration or reregistra-
    21  tion  of  a  motorcycle  shall  be seventeen dollars and fifty cents, of
    22  which two dollars and fifty cents shall be deposited by the  comptroller
    23  into  the  [motorcycle safety fund established pursuant to section nine-
    24  ty-two-g of the  state  finance  law]  special  obligation  reserve  and
    25  payment  account  of  the dedicated highway and bridge trust fund estab-
    26  lished pursuant to section eighty-nine-b of the state  finance  law  for
    27  the purposes established in this section.
    28    §  5.  Paragraph  (c-1) of subdivision 2 of section 503 of the vehicle
    29  and traffic law, as added by chapter 435 of the laws of 1997, is amended
    30  to read as follows:
    31    (c-1) In addition to the fees established in paragraphs (b) and (c) of
    32  this subdivision, a fee of fifty cents for each six  months  or  portion
    33  thereof of the period of validity shall be paid upon the issuance of any
    34  permit, license or renewal of a license which is valid for the operation
    35  of  a motorcycle, except a limited use motorcycle. Fees collected pursu-
    36  ant to this paragraph shall be deposited by  the  comptroller  into  the
    37  [motorcycle  safety fund established pursuant to section ninety-two-g of
    38  the state finance law] special obligation reserve and payment account of
    39  the dedicated highway and bridge  trust  fund  established  pursuant  to
    40  section  eighty-nine-b  of the state finance law for the purposes estab-
    41  lished in this section.
    42    § 6. Subdivision 2 of  section  92-g  of  the  state  finance  law  is
    43  REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3.
    44    § 7. Section 92-g of the state finance law is REPEALED.
    45    § 8. Section 317 of the vehicle and traffic law is amended by adding a
    46  new subdivision 5 to read as follows:
    47    5.  All assessments charged and collected by the commissioner pursuant
    48  to this section shall be deposited by the comptroller into  the  special
    49  obligation  reserve  and  payment  account  of the dedicated highway and
    50  bridge trust fund established pursuant to section eighty-nine-b  of  the
    51  state finance law.
    52    §  9.  Paragraph  (b) of subdivision 1-a of section 318 of the vehicle
    53  and traffic law, as amended by section 1-b of part A of  chapter  63  of
    54  the laws of 2005, is amended to read as follows:
    55    (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    56  sion, an order of suspension issued pursuant to paragraph (a) or (e)  of

        S. 6408--C                          5                         A. 9008--C
 
     1  this subdivision may be terminated if the registrant pays to the commis-
     2  sioner a civil penalty in the amount of eight dollars for each day up to
     3  thirty  days  for  which  financial security was not in effect, plus ten
     4  dollars for each day from the thirty-first to the sixtieth day for which
     5  financial  security  was not in effect, plus twelve dollars for each day
     6  from the sixty-first to the ninetieth day for which  financial  security
     7  was  not  in  effect.  Of each eight dollar penalty, six dollars will be
     8  deposited in the general fund and  two  dollars  in  the  [miscellaneous
     9  special  revenue fund - compulsory insurance account] special obligation
    10  reserve and payment account of the dedicated highway  and  bridge  trust
    11  fund  established pursuant to section eighty-nine-b of the state finance
    12  law for the purposes established in this section.  Of  each  ten  dollar
    13  penalty  collected,  six  dollars will be deposited in the general fund,
    14  two dollars will be deposited in the [miscellaneous special revenue fund
    15  - compulsory insurance account] special obligation reserve  and  payment
    16  account  of  the  dedicated  highway  and  bridge trust fund established
    17  pursuant to section eighty-nine-b of  the  state  finance  law  for  the
    18  purposes established in this section, and two dollars shall be deposited
    19  in  the  dedicated highway and bridge trust fund established pursuant to
    20  section eighty-nine-b of the state finance law and  the  dedicated  mass
    21  transportation fund established pursuant to section eighty-nine-c of the
    22  state  finance law and distributed according to the provisions of subdi-
    23  vision (d) of section three hundred one-j of the tax law. Of each twelve
    24  dollar penalty collected, six dollars will be deposited into the general
    25  fund, two dollars will be  deposited  into  the  [miscellaneous  special
    26  revenue  fund - compulsory insurance account] special obligation reserve
    27  and payment account of the  dedicated  highway  and  bridge  trust  fund
    28  established  pursuant  to section eighty-nine-b of the state finance law
    29  for the purposes established in this section, and four dollars shall  be
    30  deposited  in  the  dedicated  highway and bridge trust fund established
    31  pursuant to section eighty-nine-b of the state finance law and the dedi-
    32  cated mass transportation fund established pursuant to  section  eighty-
    33  nine-c  of  the  state  finance  law  and  distributed  according to the
    34  provisions of subdivision (d) of section three hundred one-j of the  tax
    35  law. The foregoing provision shall apply only once during any thirty-six
    36  month  period  and only if the registrant surrendered the certificate of
    37  registration and number plates to the commissioner not more than  ninety
    38  days  from  the  date of termination of financial security or submits to
    39  the commissioner new proof of financial security which took  effect  not
    40  more than ninety days from the termination of financial security.
    41    §  10.  Section  423-a  of  the  vehicle and traffic law is amended by
    42  adding a new subdivision 6 to read as follows:
    43    6. All funds collected from the department's  share  of  the  sale  of
    44  assets  pursuant  to  this section shall be deposited by the comptroller
    45  into the special obligation reserve and payment account of the dedicated
    46  highway and bridge trust fund established pursuant  to  section  eighty-
    47  nine-b of the state finance law.
    48    §  11.  Paragraph  (a)  of  subdivision 3 of section 89-b of the state
    49  finance law, as amended by section 8 of part C of chapter 57 of the laws
    50  of 2014, is amended to read as follows:
    51    (a) The special obligation reserve and payment account  shall  consist
    52  (i)  of all moneys required to be deposited in the dedicated highway and
    53  bridge trust fund pursuant to the provisions  of  sections  two  hundred
    54  five,  two  hundred  eighty-nine-e,  three  hundred  one-j, five hundred
    55  fifteen and eleven hundred sixty-seven of  the  tax  law,  section  four
    56  hundred  one  of  the vehicle and traffic law, and section thirty-one of

        S. 6408--C                          6                         A. 9008--C
 
     1  chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
     2  fees, fines or penalties collected by the commissioner of transportation
     3  and the commissioner of motor vehicles pursuant  to  section  fifty-two,
     4  section  three  hundred  twenty-six, section eighty-eight of the highway
     5  law, subdivision fifteen of section three hundred  eighty-five,  section
     6  four  hundred  twenty-three-a,  section  four hundred ten, section three
     7  hundred seventeen, section three hundred eighteen, article twelve-C, and
     8  paragraph (c-1) of subdivision two of section five hundred three of  the
     9  vehicle  and  traffic law, section two of the chapter of the laws of two
    10  thousand three that amended this paragraph, subdivision (d)  of  section
    11  three  hundred  four-a, paragraph one of subdivision (a) and subdivision
    12  (d) of section three hundred five, subdivision  six-a  of  section  four
    13  hundred  fifteen and subdivision (g) of section twenty-one hundred twen-
    14  ty-five of the vehicle and traffic law, section fifteen of this chapter,
    15  excepting moneys deposited with the  state  on  account  of  betterments
    16  performed  pursuant  to  subdivision twenty-seven or subdivision thirty-
    17  five of section ten of the highway law, and  sections  ninety-four,  one
    18  hundred thirty-five, [one hundred forty-four] and one hundred forty-five
    19  of  the transportation law, (iii) any moneys collected by the department
    20  of transportation for services provided pursuant to  agreements  entered
    21  into  in  accordance with section ninety-nine-r of the general municipal
    22  law, and (iv) any other moneys collected therefor or credited or  trans-
    23  ferred thereto from any other fund, account or source.
    24    §  12.  Paragraph  (a)  of  subdivision 3 of section 89-b of the state
    25  finance law, as amended by section 9 of part C of chapter 57 of the laws
    26  of 2014, is amended to read as follows:
    27    (a) The special obligation reserve and payment account  shall  consist
    28  (i)  of all moneys required to be deposited in the dedicated highway and
    29  bridge trust fund pursuant to the provisions  of  sections  two  hundred
    30  eighty-nine-e,  three  hundred  one-j,  five  hundred fifteen and eleven
    31  hundred sixty-seven of the tax law, section  four  hundred  one  of  the
    32  vehicle  and traffic law, and section thirty-one of chapter fifty-six of
    33  the laws of nineteen hundred  ninety-three,  (ii)  all  fees,  fines  or
    34  penalties  collected  by  the  commissioner  of  transportation  and the
    35  commissioner of motor vehicles pursuant to  section  fifty-two,  section
    36  three  hundred  twenty-six,  section  eighty-eight  of  the highway law,
    37  subdivision fifteen of section three hundred eighty-five,  section  four
    38  hundred  twenty-three-a, section four hundred ten, section three hundred
    39  seventeen, section three hundred eighteen, article twelve-C,  and  para-
    40  graph  (c-1)  of  subdivision  two  of section five hundred three of the
    41  vehicle and traffic law, section  fifteen  of  this  chapter,  excepting
    42  moneys  deposited  with  the  state  on account of betterments performed
    43  pursuant to  subdivision  twenty-seven  or  subdivision  thirty-five  of
    44  section  ten  of  the highway law, and sections ninety-four, one hundred
    45  thirty-five, [one hundred forty-four] and one hundred forty-five of  the
    46  transportation  law,  (iii)  any  moneys  collected by the department of
    47  transportation for services provided pursuant to agreements entered into
    48  in accordance with section ninety-nine-r of the general  municipal  law,
    49  and  (iv) any other moneys collected therefor or credited or transferred
    50  thereto from any other fund, account or source.
    51    § 13. This act shall take effect immediately; provided, however,  that
    52  section  seven  of  this  act  shall take effect April 1, 2020; provided
    53  further, however, that the amendments to section 399-1  of  the  vehicle
    54  and  traffic  law  made  by section one of this act shall not affect the
    55  repeal of such section and  shall  be  deemed  repealed  therewith;  and
    56  provided  further,  however,  that  the  amendments  to paragraph (a) of

        S. 6408--C                          7                         A. 9008--C
 
     1  subdivision 3 of section 89-b of the state finance law made  by  section
     2  eleven  of  this act shall be subject to the expiration and reversion of
     3  such paragraph pursuant to section 13 of part U1 of chapter  62  of  the
     4  laws  of 2003, as amended, when upon such date the provisions of section
     5  twelve of this act shall take effect.
 
     6                                   PART E
 
     7    Section 1. Subparagraph (vi) of paragraph  (b)  of  subdivision  2  of
     8  section 501 of the vehicle and traffic law is REPEALED.
     9    §  2.  Subparagraph  (i)  of paragraph (b) of subdivision 4 of section
    10  501-a of the vehicle and traffic law, as amended by chapter  36  of  the
    11  laws of 2009, is amended to read as follows:
    12    (i)  a personal use vehicle or a covered farm vehicle or a combination
    13  of such vehicles;
    14    § 3. Subdivision 7 of section 501-a of the vehicle and traffic law  is
    15  REPEALED,  subdivision 8 is renumbered subdivision 7, and a new subdivi-
    16  sion 8 is added to read as follows:
    17    8. Covered farm vehicle. (a) A  vehicle  or  combination  of  vehicles
    18  registered  in  this  state,  which  (i) displays a covered farm vehicle
    19  designation issued by the commissioner, (ii) is operated by the owner or
    20  operator of a farm or ranch, or an employee or family member of an owner
    21  or operator of a farm or ranch, (iii) is used to transport  agricultural
    22  commodities,  livestock,  machinery  or  supplies  to  or from a farm or
    23  ranch, (iv) is not used in for-hire motor carrier operations,  exclusive
    24  of  operation  by a tenant pursuant to a crop share farm lease agreement
    25  to transport the landlord's portion of the crops under  that  agreement;
    26  and (v) is not used for the transportation of hazardous materials.
    27    (b)  A covered farm vehicle with a gross vehicle weight or gross vehi-
    28  cle weight rating, whichever is greater, of more than  twenty-six  thou-
    29  sand  pounds  may only be operated within one hundred fifty air miles of
    30  the farm or ranch.
    31    (c) The commissioner shall, by regulation, designate an endorsement or
    32  endorsements for the operation of covered farm  vehicles  with  a  gross
    33  vehicle  weight  or  gross vehicle weight rating of more than twenty-six
    34  thousand pounds. Such endorsement or endorsements shall be  required  to
    35  operate such a covered farm vehicle or combination of covered farm vehi-
    36  cles.  The  identification and scope of such endorsement or endorsements
    37  shall, at a minimum, include a distinction between the  operation  of  a
    38  covered  farm  vehicle  having  a  gross vehicle weight or gross vehicle
    39  weight rating of more than twenty-six thousand pounds and the  operation
    40  of  a combination of covered farm vehicles having a gross vehicle weight
    41  or gross vehicle weight rating of more than twenty-six thousand pounds.
    42    (d) For the purposes of this subdivision, the gross vehicle weight  of
    43  a vehicle shall mean the actual weight of the vehicle and the load.
    44    §  4.  Subparagraph  (iv) of paragraph (b) of subdivision 2 of section
    45  501 of the vehicle and traffic law, as added by chapter 173 of the  laws
    46  of 1990, is amended to read as follows:
    47    (iv)  P  endorsement. Shall be required to operate a bus as defined in
    48  sections one hundred four and five hundred nine-a of this chapter or any
    49  motor vehicle with a gross vehicle weight or gross vehicle weight rating
    50  of more than twenty-six thousand pounds which is designed  to  transport
    51  passengers  in commerce. For the purposes of this subparagraph the gross
    52  vehicle weight of a vehicle shall mean the actual weight of the  vehicle
    53  and the load.

        S. 6408--C                          8                         A. 9008--C
 
     1    §  5.  This  act shall take effect on the ninetieth day after it shall
     2  have become a law.
 
     3                                   PART F
 
     4    Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
     5  of the laws of 1968 constituting the New York  state  urban  development
     6  corporation  act, as amended by section 1 of part M of chapter 58 of the
     7  laws of 2015, is amended to read as follows:
     8    3. The provisions of this section shall  expire,  notwithstanding  any
     9  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
    10  the laws of 1996 or of any other law, on July 1, [2016] 2017.
    11    §  2.  This  act  shall take effect immediately and shall be deemed to
    12  have been in full force and effect on and after July 1, 2016.

    13                                   PART G
 
    14    Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
    15  New York state urban development corporation act, relating to the powers
    16  of  New  York  state  urban  development  corporation  to make loans, as
    17  amended by section 1 of part N of chapter 58 of the  laws  of  2015,  is
    18  amended to read as follows:
    19    §  2.  This  act shall take effect immediately provided, however, that
    20  section one of this act shall expire on July 1, [2016]  2017,  at  which
    21  time the provisions of subdivision 26 of section 5 of the New York state
    22  urban  development  corporation  act shall be deemed repealed; provided,
    23  however, that neither the expiration nor the repeal of such  subdivision
    24  as provided for herein shall be deemed to affect or impair in any manner
    25  any  loan  made  pursuant  to the authority of such subdivision prior to
    26  such expiration and repeal.
    27    § 2. This act shall take effect immediately and  shall  be  deemed  to
    28  have been in full force and effect on and after April 1, 2016.
 
    29                                   PART H
 
    30    Section  1. This act shall be known and may be cited as the "Transfor-
    31  mational Economic Development Infrastructure and Revitalization Projects
    32  act".
    33    § 2. Definitions. For the purposes of this act,  the  following  terms
    34  shall have the following meanings:
    35    1. "Transformational Economic Development Infrastructure and Revitali-
    36  zation  Projects act" or "projects" shall mean projects in the county of
    37  New York related to the Jacob K.  Javits Convention Center,  the  Empire
    38  Station  Complex, the James A. Farley Redevelopment, or the Pennsylvania
    39  Station New York Redevelopment. The term "project" shall refer to any of
    40  these construction projects.
    41    2. "Authorized entity" shall mean the New York State Urban Development
    42  Corporation, the New York  Convention  Center  Development  Corporation,
    43  and/or their subsidiaries.
    44    3.  "Best  value"  shall  mean  the  basis  for awarding contracts for
    45  services to the bidder that optimize quality, cost and efficiency, price
    46  and performance criteria, which may include, but is not limited to:
    47    (a) The quality of the contractor's performance on previous projects;
    48    (b)  The  timeliness  of  the  contractor's  performance  on  previous
    49  projects;

        S. 6408--C                          9                         A. 9008--C
 
     1    (c)  The level of customer satisfaction with the contractor's perform-
     2  ance on previous projects;
     3    (d)  The contractor's record of performing previous projects on budget
     4  and ability to minimize cost overruns;
     5    (e) The contractor's ability to limit change orders;
     6    (f) The contractor's ability to prepare appropriate project plans;
     7    (g) The contractor's technical capacities;
     8    (h) The individual qualifications of the contractor's key personnel;
     9    (i) The contractor's ability to assess and manage  risk  and  minimize
    10  risk impact; and
    11    (j)  The  contractor's  past record of encouraging women and minority-
    12  owned business enterprise participation and compliance with article 15-A
    13  of the executive law.
    14    Such basis shall reflect, wherever possible, objective  and  quantifi-
    15  able analysis.
    16    4. "Design-build contract" shall mean, in conformity with the require-
    17  ments  of  this  act,  a contract for the design and construction of the
    18  projects with a single entity, which may be a team comprised of separate
    19  entities.
    20    5. "Procurement record" shall mean documentation of the decisions made
    21  and the approach taken in the procurement process.
    22    6. "Project labor agreement" shall mean a pre-hire collective bargain-
    23  ing agreement  between  a  contractor  and  a  bona  fide  building  and
    24  construction  trade  labor organization establishing the labor organiza-
    25  tion as the collective bargaining representative  for  all  persons  who
    26  will  perform work on the project, and which provides that only contrac-
    27  tors and subcontractors who sign a  pre-negotiated  agreement  with  the
    28  labor organization can perform project work.
    29    §  3.  Notwithstanding  section  103  of  the general municipal law or
    30  section 135 of the state finance law or the provisions of any other  law
    31  to  the  contrary,  in conformity with the requirements of this act, and
    32  only when a project labor agreement is performed, the authorized  entity
    33  may  utilize  the  alternative  delivery method referred to as a design-
    34  build contract for the project. The authorized entity shall ensure  that
    35  its  procurement  record  reflects  the  design-build  contract  process
    36  authorized by this act if utilized and applicable.
    37    § 4. An entity selected by the  authorized  entity  to  enter  into  a
    38  design-build  contract  for the project shall be selected through a two-
    39  step method, as follows:
    40    1. Step one. Generation of a list of entities that  have  demonstrated
    41  the  general  capability  to  perform  a  design-build  contract for the
    42  project. Such list shall consist of a specified number of  entities,  as
    43  determined  by  the authorized entity, and shall be generated based upon
    44  the authorized entity's review of responses  to  a  publicly  advertised
    45  request  for  qualifications  for  the  project. The authorized entity's
    46  request for qualifications for  the  project  shall  include  a  general
    47  description  of  the  project,  the  maximum  number  of  entities to be
    48  included on the list, and the selection criteria to be used in  generat-
    49  ing  the  list. Such selection criteria shall include the qualifications
    50  and experience of the design and construction team, organization, demon-
    51  strated responsibility, ability of the team or of a member or members of
    52  the  team  to  comply  with  applicable  requirements,   including   the
    53  provisions  of  articles  145,  147  and  148 of the education law, past
    54  record of compliance  with  the  labor  law  including  prevailing  wage
    55  requirements  under state and federal law; the past record of compliance
    56  with  existing  labor  standards  and   maintaining   harmonious   labor

        S. 6408--C                         10                         A. 9008--C
 
     1  relations;  the record of protecting the health and safety of workers on
     2  public works projects and job sites as demonstrated  by  the  experience
     3  modification  rate  for  each  of  the last three years; the prospective
     4  bidder's  ability  to  undertake  the  particular type and complexity of
     5  work; the financial capability, responsibility and  reliability  of  the
     6  prospective bidder for such type and complexity of work; the prospective
     7  bidder's  compliance  with equal employment opportunity requirements and
     8  anti-discrimination laws, and demonstrated commitment  to  working  with
     9  minority  and  women-owned  businesses through joint ventures or subcon-
    10  tractor relationships; whether or not the prospective bidder or a person
    11  or entity with an interest of at least ten per centum in the prospective
    12  bidder, is debarred for  having  disregarded  obligations  to  employees
    13  under  the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29 C.F.R. 5.12
    14  and such other qualifications the authorized  entity  deems  appropriate
    15  which  may  include but are not limited to project understanding, finan-
    16  cial capability and record of past performance.  The  authorized  entity
    17  shall evaluate and rate all entities responding to the request for qual-
    18  ifications.  Based  upon  such ratings, the authorized entity shall list
    19  the entities that shall receive a request for  proposals  in  accordance
    20  with  subdivision  two  of  this  section. To the extent consistent with
    21  applicable federal law,  the  authorized  entity  shall  consider,  when
    22  awarding  any  contract  pursuant to this section, the participation of:
    23  (a) firms certified pursuant to article 15-A of  the  executive  law  as
    24  minority  or  women-owned businesses and the ability of other businesses
    25  under consideration to work with minority and women-owned businesses  so
    26  as to promote and assist participation by such businesses; and (b) small
    27  business  concerns  identified  pursuant  to  subdivision (b) of section
    28  139-g of the state finance law.
    29    2. Step two. Selection of the proposal which is the best value to  the
    30  authorized  entity.  The  authorized  entity  shall  issue a request for
    31  proposals for the project to the entities listed pursuant to subdivision
    32  one of this section. If such an entity consists of a  team  of  separate
    33  entities,  the  entities that comprise such a team must remain unchanged
    34  from the entity as listed pursuant to subdivision one  of  this  section
    35  unless  otherwise  approved  by the authorized entity.   The request for
    36  proposals for the project shall set forth the project's scope  of  work,
    37  and  other  requirements, as determined by the authorized entity includ-
    38  ing, but not limited to, requiring either (a) a lump sum price or (b)  a
    39  fee  for  any preliminary professional services together with a specific
    40  methodology for determining a cost-plus not to exceed guaranteed maximum
    41  price for the balance of work that will be  completed  pursuant  to  the
    42  design-build  contract  following  the  completion  of  any  preliminary
    43  professional services related to the project as long as any construction
    44  work on the project is awarded by the contractor on a competitive  basis
    45  which  is  approved by the authorized entity.  The request for proposals
    46  shall specify the criteria to be used to evaluate the responses and  the
    47  relative  weight  of each such criteria. Such criteria shall include the
    48  proposal's cost, the quality of the proposal's solution, the  qualifica-
    49  tions  and  experience  of  the  design-build  entity, and other factors
    50  deemed pertinent by the authorized entity, which may include, but  shall
    51  not  be  limited  to,  the proposal's project implementation, ability to
    52  complete the work in a timely and satisfactory manner, maintenance costs
    53  of the completed project, maintenance of traffic approach, and community
    54  impact. Any contract awarded pursuant to this act shall be awarded to  a
    55  responsive  and  responsible entity that submits the proposal, which, in
    56  consideration of these and other specified criteria deemed pertinent  to

        S. 6408--C                         11                         A. 9008--C
 
     1  the  project,  offers the best value to the authorized entity, as deter-
     2  mined by the authorized entity. Nothing in this act shall  be  construed
     3  to  prohibit the authorized entity from negotiating final contract terms
     4  and conditions including cost.
     5    3. The design-build contract may be awarded to the contractor offering
     6  the best value:
     7    (a)  Utilizing a cost-plus not to exceed guaranteed maximum price form
     8  of contract in which the authorized entity shall be entitled to  monitor
     9  and  audit  all  project costs. In establishing the schedule and process
    10  for determining a guaranteed maximum price,  the  contract  between  the
    11  authorized entity and the contractor shall:
    12    (i)  describe  the  scope  of the work and the cost of performing such
    13  work;
    14    (ii) include a detailed line item cost breakdown;
    15    (iii) include a list of all drawings, specifications and other  infor-
    16  mation on which the guaranteed maximum price is based;
    17    (iv)  include  the dates for substantial and final completion on which
    18  the guaranteed maximum price is based; and
    19    (v) include a schedule of unit prices;
    20    (b) Utilizing a lump sum contract in which the  contractor  agrees  to
    21  accept  a  set dollar amount for a contract which comprises a single bid
    22  without providing a cost breakdown for all costs such as for  equipment,
    23  labor, materials, as well as such contractor's profit for completing all
    24  items of work comprising the project; or
    25    (c)  The design-build contract may include both lump sum and cost-plus
    26  not to exceed guaranteed maximum price, and also may provide for profes-
    27  sional services on a fee-for-service basis.
    28    4.  Notwithstanding the foregoing provisions of this section, an enti-
    29  ty selected by the  authorized  entity  to  enter  into  a  design-build
    30  contract for this project shall determine, before awarding any contracts
    31  authorized  by  this act, whether the bidder, or a person or entity with
    32  an interest of at least ten per centum in the bidder, is included in the
    33  published list of debarred contractors pursuant to 40 U.S.C. 3144 and 29
    34  C.F.R. 5.12, for having disregarded obligations to employees  under  the
    35  Davis  Bacon  Act, and the bidder's inclusion on such list must be taken
    36  into consideration  in  deciding  whether  the  bidder  is  awarded  any
    37  contract.
    38    §  5.  Any  contract entered into pursuant to this act shall include a
    39  clause requiring that any professional services  regulated  by  articles
    40  145, 147 and 148 of the education law shall be performed and stamped and
    41  sealed, where appropriate, by a professional licensed in accordance with
    42  such articles.
    43    §  6.  The construction, demolition, reconstruction, excavation, reha-
    44  bilitation, repair, renovation of the project undertaken by the  author-
    45  ized  entity  pursuant to this act shall be deemed a "public work" to be
    46  performed in accordance with the provisions of article 8  of  the  labor
    47  law,  as  well as subject to sections 200, 240, 241 and 242 of the labor
    48  law and enforcement of prevailing wage  requirements  by  the  New  York
    49  state department of labor.
    50    §  7.  A project labor agreement shall be included as a requirement in
    51  the request for proposals for the project, provided that, based  upon  a
    52  study done by or for the authorized entity, the authorized entity deter-
    53  mines  that  its  interests  are  best  met by requiring a project labor
    54  agreement. The authorized entity   shall conduct such a  study  and  the
    55  project   labor   agreement  shall  be  performed  consistent  with  the
    56  provisions of section 222 of the labor law.  If a project  labor  agree-

        S. 6408--C                         12                         A. 9008--C
 
     1  ment  is  performed  on  the project the authorized entity may utilize a
     2  design-build contract for the project  and  section  135  of  the  state
     3  finance  law  shall not apply to the project.  If a project labor agree-
     4  ment  is  not  performed  on the project the authorized entity shall not
     5  utilize a design-build contract for the project and sections 101 and 103
     6  of the general municipal law and section 135 of the  state  finance  law
     7  shall apply to the project.
     8    §  8.  Each contract entered into by the authorized entity pursuant to
     9  this act shall comply, whenever practical, with the objectives and goals
    10  of minority and women-owned business  enterprises  pursuant  to  article
    11  15-A of the executive law or, if the project receives federal aid, shall
    12  comply  with  applicable federal requirements for disadvantaged business
    13  enterprises.
    14    § 9. The project undertaken by the authorized entity pursuant to  this
    15  act  shall  be  subject to the requirements of article 8 of the environ-
    16  mental conservation law, and, where applicable, the requirements of  the
    17  national environmental policy act.
    18    § 10.  The submission of a proposal or responses or the execution of a
    19  design-build  contract pursuant to this act shall not be construed to be
    20  a violation of section 6512 of the education law.
    21    § 11. Nothing contained in this act shall limit  the  right  or  obli-
    22  gation  of  the  authorized  entity to comply with the provisions of any
    23  existing contract, including any existing contract with or for the bene-
    24  fit of the holders of the obligations of the authorized  entity,  or  to
    25  award contracts as otherwise provided by law.
    26    §  12.  This act shall take effect immediately and shall expire and be
    27  deemed repealed 3 years after such date, provided  that,  projects  with
    28  requests for qualifications issued prior to such repeal shall be permit-
    29  ted to continue under this act notwithstanding such repeal.
 
    30                                   PART I
 
    31    Section 1. Notwithstanding any law to the contrary, the comptroller is
    32  hereby  authorized  and directed to receive for deposit to the credit of
    33  the general fund the amount of up to $913,000 from the  New  York  state
    34  energy research and development authority.
    35    §  2.  This  act  shall take effect immediately and shall be deemed to
    36  have been in full force and effect on and after April 1, 2016.
 
    37                                   PART J
 
    38    Section 1. Expenditures  of  moneys  by  the  New  York  state  energy
    39  research  and  development  authority  for  services and expenses of the
    40  energy  research,  development  and  demonstration  program,   including
    41  grants, the energy policy and planning program, the zero emissions vehi-
    42  cle  and  electric vehicle rebate program, and the Fuel NY program shall
    43  be subject to  the  provisions  of  this  section.  Notwithstanding  the
    44  provisions of subdivision 4-a of section 18-a of the public service law,
    45  all  moneys committed or expended in an amount not to exceed $19,700,000
    46  shall be reimbursed by assessment against gas corporations,  as  defined
    47  in  subdivision  11  of section 2 of the public service law and electric
    48  corporations as defined in subdivision 13 of section  2  of  the  public
    49  service  law, where such gas corporations and electric corporations have
    50  gross revenues from intrastate utility operations in excess of  $500,000
    51  in  the  preceding  calendar  year,  and  the  total amount which may be
    52  charged to any gas corporation and any electric  corporation  shall  not

        S. 6408--C                         13                         A. 9008--C
 
     1  exceed  one  cent  per one thousand cubic feet of gas sold and .010 cent
     2  per kilowatt-hour of electricity sold  by  such  corporations  in  their
     3  intrastate  utility operations in calendar year 2014. Such amounts shall
     4  be  excluded  from the general assessment provisions of subdivision 2 of
     5  section 18-a of the public service law. The chair of the public  service
     6  commission  shall  bill  such  gas and/or electric corporations for such
     7  amounts on or before August 10, 2016 and such amounts shall be  paid  to
     8  the  New  York  state  energy  research  and development authority on or
     9  before September 10, 2016. Upon  receipt,  the  New  York  state  energy
    10  research and development authority shall deposit such funds in the ener-
    11  gy  research  and  development  operating  fund  established pursuant to
    12  section 1859 of the public authorities law. The New  York  state  energy
    13  research  and  development  authority is authorized and directed to: (1)
    14  transfer $1 million to the state general fund for services and  expenses
    15  of the department of environmental conservation and to transfer $750,000
    16  to  the University of Rochester laboratory for laser energetics from the
    17  funds received; and (2) commencing in 2016, provide to the chair of  the
    18  public  service commission and the director of the budget and the chairs
    19  and secretaries of the  legislative  fiscal  committees,  on  or  before
    20  August  first  of each year, an itemized record, certified by the presi-
    21  dent and chief executive officer of the authority, or his or her  desig-
    22  nee,  detailing  any  and all expenditures and commitments ascribable to
    23  moneys received as a result of this  assessment  by  the  chair  of  the
    24  department  of  public  service  pursuant  to section 18-a of the public
    25  service law.  This itemized record shall include an  itemized  breakdown
    26  of the programs being funded by this section and the amount committed to
    27  each  program.   The authority shall not commit for any expenditure, any
    28  moneys derived from the assessment provided for in this  section,  until
    29  the  chair  of  such authority shall have submitted, and the director of
    30  the budget shall have approved, a comprehensive  financial  plan  encom-
    31  passing  all  moneys  available  to  and all anticipated commitments and
    32  expenditures by such authority from any source  for  the  operations  of
    33  such  authority.    Copies  of the approved comprehensive financial plan
    34  shall be immediately submitted by the chair to  the  chairs  and  secre-
    35  taries  of  the  legislative  fiscal  committees.    Any such amount not
    36  committed by such authority to contracts or contracts to be  awarded  or
    37  otherwise  expended  by  the  authority  during the fiscal year shall be
    38  refunded by such authority on a pro-rata basis to such gas and/or  elec-
    39  tric  corporations,  in  a  manner to be determined by the department of
    40  public service.
    41    § 2. This act shall take effect immediately and  shall  be  deemed  to
    42  have been in full force and effect on and after April 1, 2016.

    43                                   PART K
 
    44    Section  1.  Notwithstanding  any other law, rule or regulation to the
    45  contrary, expenses of the department of health public service  education
    46  program  incurred  pursuant  to appropriations from the cable television
    47  account of the state miscellaneous special revenue funds shall be deemed
    48  expenses of the department of public service.
    49    § 2. This act shall take effect immediately and  shall  be  deemed  to
    50  have been in full force and effect on and after April 1, 2016.
 
    51                                   PART L

        S. 6408--C                         14                         A. 9008--C
 
     1    Section 1. Paragraph (c) of subdivision 12 of section 66 of the public
     2  service  law,  as amended by chapter 162 of the laws of 1998, is amended
     3  to read as follows:
     4    (c) For the purpose of this subdivision, "major changes" shall mean an
     5  increase  in  the  rates  and charges which would increase the aggregate
     6  revenues of the applicant more than the greater of three  hundred  thou-
     7  sand  dollars or two and one-half percent, but shall not include changes
     8  in rates, charges or rentals (i)  allowed  to  go  into  effect  by  the
     9  commission or made by the utility pursuant to an order of the commission
    10  after  hearings  held  upon  notice to the public, or (ii) proposed by a
    11  municipality.
    12    § 2. This act shall take effect immediately.
 
    13                                   PART M
 
    14    Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the
    15  executive  law  relating to permitting the secretary of state to provide
    16  special handling for all documents filed or issued by  the  division  of
    17  corporations  and to permit additional levels of such expedited service,
    18  as amended by section 1 of part T of chapter 58 of the laws of 2015,  is
    19  amended to read as follows:
    20    §  2.  This  act shall take effect immediately, provided however, that
    21  section one of this act shall be deemed to have been in full  force  and
    22  effect  on  and  after  April  1, 2003 and shall expire March 31, [2016]
    23  2017.
    24    § 2. This act shall take effect immediately and  shall  be  deemed  to
    25  have been in full force and effect on and after March 31, 2016.
 
    26                                   PART N
 
    27                            Intentionally Omitted
 
    28                                   PART O
 
    29    Section  1. Subdivision 2 of section 1010 of the general business law,
    30  as added by a chapter of the laws of 2016 amending the general  business
    31  law  and other laws relating to authorized combative sports, as proposed
    32  in legislative bill numbers S.5949-A and A.2604-C, is amended to read as
    33  follows:
    34    2. Any professional applying for a license or renewal of a license  to
    35  participate  in  combative  sports  under  this  article shall undergo a
    36  comprehensive physical examination including clinical neurological exam-
    37  inations by a physician approved by the commission.  If, at the time  of
    38  such  examination,  there  is any indication of brain injury, or for any
    39  other reason the physician deems it appropriate, the professional  shall
    40  be  required  to undergo further neurological examinations by a neurolo-
    41  gist including magnetic resonance imaging or other medically  equivalent
    42  procedures.  The  commission shall not issue a license to a professional
    43  until such examinations are completed and reviewed  by  the  commission.
    44  The results of all such examinations herein required shall become a part
    45  of  the  professional's  permanent  medical  record as maintained by the
    46  commission. The costs of all such examinations [for professional  boxers
    47  shall  be  assumed  by the state if such examinations are performed by a
    48  physician or neurologist approved by the commission; the  costs  of  all
    49  such  examinations  for  professional  mixed  martial arts participants]
    50  shall be assumed by the applicant or promoter  with  which  the  profes-

        S. 6408--C                         15                         A. 9008--C
 
     1  sional  [mixed  martial  arts  participant] is affiliated, regardless of
     2  provider.
     3    §  2. Section 11 of a chapter of the laws of 2016 amending the general
     4  business law and other laws relating to authorized combative sports,  as
     5  proposed  in  legislative bill numbers S.5949-A and A.2604-C, is amended
     6  to read as follows:
     7    § 11. This act shall take effect on the first day of the  first  month
     8  next succeeding the one hundred twentieth day after it shall have become
     9  a law and shall apply to gross receipts from combative sports held on or
    10  after that date; provided, however, that:
    11    (a) the addition, amendment and/or repeal of any rule or regulation of
    12  the  state  athletic commission necessary for the implementation of this
    13  act on its effective date is authorized to be made  on  or  before  such
    14  effective date;
    15    (b)  section 1003 of the general business law, as added by section two
    16  of this act, shall take effect immediately; and
    17    (c) notwithstanding section 1003 of the general business law, as added
    18  by section two of this act, the commissioners appointed to  the  commis-
    19  sion  repealed by this act may continue to serve as commissioners on the
    20  commission created by this act, and their terms shall continue  uninter-
    21  rupted by such repeal.
    22    §  3.  This  act shall take effect immediately, provided, however that
    23  section one of this act shall take effect on the same date  and  in  the
    24  same  manner as a chapter of the laws of 2016 amending the general busi-
    25  ness law and other laws relating  to  authorized  combative  sports,  as
    26  proposed  in legislative bill numbers S.5949-A and A.2604-C, as amended,
    27  takes effect.
 
    28                                   PART P
 
    29    Section 1. Section 2 of chapter 584 of the laws of 2011, amending  the
    30  public authorities law relating to the powers and duties of the dormito-
    31  ry  authority  of the state of New York relative to the establishment of
    32  subsidiaries for certain purposes, as amended by section 1 of part X  of
    33  chapter 57 of the laws of 2014, is amended to read as follows:
    34    §  2.  This  act shall take effect immediately and shall expire and be
    35  deemed repealed on July 1, [2016] 2018; provided however, that the expi-
    36  ration of this act shall not impair  or  otherwise  affect  any  of  the
    37  powers,  duties,  responsibilities,  functions, rights or liabilities of
    38  any subsidiary duly  created  pursuant  to  subdivision  twenty-five  of
    39  section 1678 of the public authorities law prior to such expiration.
    40    § 2. This act shall take effect immediately.
 
    41                                   PART Q
 
    42                            Intentionally Omitted

    43                                   PART R
 
    44                            Intentionally Omitted
 
    45                                   PART S
 
    46    Section  1.  Section  258-aa  and  article  25  of the agriculture and
    47  markets law are REPEALED.

        S. 6408--C                         16                         A. 9008--C
 
     1    § 2. Section 1 of chapter 174 of the laws of  1968,  constituting  the
     2  New  York  state urban development corporation act, is amended by adding
     3  three new sections 16-x, 16-y and 16-z to read as follows:
     4    § 16-x. Dairy promotion act. 1. Declaration of policy. (a) It is here-
     5  by declared that the mission of the corporation is to promote a vigorous
     6  and growing state economy. In implementing this mission, the corporation
     7  has  undertaken a vigorous campaign to market the state's assets and, by
     8  carrying out the provisions of this section, would further this  mission
     9  by promoting the state's dairy industry.
    10    (b)  It  is further declared that the continued existence of the state
    11  dairy industry, and the continued production of milk  on  the  farms  of
    12  this  state,  is  of  vast  economic  importance to the state and to the
    13  health and welfare of the inhabitants thereof; that it is essential,  in
    14  order  to  assure such continued production of milk and its handling and
    15  distribution, that prices to producers be such as to  return  reasonable
    16  costs  of  production, and at the same time to assure an adequate supply
    17  of milk and dairy products to consumers at  reasonable  prices;  and  to
    18  these  ends  it  is  essential  that  consumers and others be adequately
    19  informed as to the dietary  needs  and  advantages  of  milk  and  dairy
    20  products  and  as  to  the  economies resulting from the use of milk and
    21  dairy products, and to command for milk  and  dairy  products,  consumer
    22  attention  and  demand consistent with their importance and value. It is
    23  further declared that continued decline in the consumption of fluid milk
    24  and some other dairy products will jeopardize the production of adequate
    25  supplies of milk and dairy  products  because  of  increasing  surpluses
    26  necessarily  returning  less  to  producers; and that continued adequate
    27  supplies of milk and dairy products is a  matter  of  vital  concern  as
    28  affecting the health and general welfare of the people of this state. It
    29  is  therefore  declared  to  be the legislative intent and policy of the
    30  state:
    31    (i) To enable milk producers and others in the  dairy  industry,  with
    32  the  aid  of  the  state, to more effectively promote the consumption of
    33  milk and dairy products,
    34    (ii) To provide methods and means  for  the  development  of  new  and
    35  improved dairy products, and to promote their use, and
    36    (iii)  To  this  end,  to  eliminate  the  possible  impairment of the
    37  purchasing power of the milk producers of this state and  to  assure  an
    38  adequate supply of milk for consumers at reasonable prices.
    39    2. Definitions. As used in this section the following terms shall have
    40  the following meanings:
    41    (a) "President" means the president of the corporation.
    42    (b)  "Dairy  products"  means milk and products derived therefrom, and
    43  products of which milk or a portion thereof is a significant part.
    44    (c) "Producer" means any person in this state who is  engaged  in  the
    45  production  of  milk or who causes milk to be produced for any market in
    46  this or any other state.
    47    (d) "Advisory board" means the persons appointed by  the  commissioner
    48  from nominations from producers to assist the president in administering
    49  a dairy promotion order.
    50    (e)  "Milk  dealer"  means  any  person  who  purchases  or handles or
    51  receives or sells  milk,  including  individuals,  partnerships,  corpo-
    52  rations,  cooperative associations, and unincorporated cooperative asso-
    53  ciations.
    54    (f) "Dairy promotion order" means an order issued  by  the  president,
    55  pursuant to the provisions of this section.

        S. 6408--C                         17                         A. 9008--C
 
     1    (g) "Cooperative" means an association or federation or cooperative of
     2  milk  producers organized under the laws of New York state, or any other
     3  state, having agreements with their producer members to market,  bargain
     4  for  or  sell the milk of such producers, and is actually performing one
     5  or more of these services in the marketing of the milk produced by their
     6  members, through the cooperative or through a federation of milk cooper-
     7  atives in which the cooperative has membership.
     8    (h) "State" means the state of New York.
     9    (i)  "Department"  means  the New York state department of agriculture
    10  and markets.
    11    (j) "Commissioner" means  the  commissioner  of  the  New  York  state
    12  department of agriculture and markets.
    13    3.  Powers and duties of the president. (a) The president shall admin-
    14  ister and enforce the provisions of this section. In order to effectuate
    15  the declared policy of this section the president, in consultation  with
    16  the  commissioner and producers, may, after due notice and hearing, make
    17  and issue a dairy promotion order, or orders.
    18    (b) Such order or orders shall, in consultation with the  commissioner
    19  and  producers,  be  issued and amended or terminated in accordance with
    20  the following procedures:
    21    (i) Before any such order may become effective it must be approved  by
    22  fifty-one  per  centum of the producers of milk voting in the referendum
    23  for the area to be regulated by such order. Such  referendum  shall  not
    24  constitute  valid  approval  unless  fifty-one  per  centum  of all milk
    25  producers for the area to be regulated vote in the referendum. Producers
    26  may vote by individual ballot or through their cooperatives  in  accord-
    27  ance with the following procedures:
    28    (A)  Cooperatives  may  submit written approval of such order within a
    29  period of one hundred twenty days after the president  has  announced  a
    30  referendum  on  a  proposed order, for such producers who are listed and
    31  certified to the president as members  of  such  cooperative;  provided,
    32  however,  that  any  cooperative before submitting such written approval
    33  shall give at least sixty days prior written notice to each producer who
    34  is its member, of the intention  of  the  cooperative  to  approve  such
    35  proposed  order,  and  further provide that if such cooperative does not
    36  intend to approve such proposed order, it shall  likewise  give  written
    37  notice  to each such producer who is its member, of its intention not to
    38  approve of such proposed order.
    39    (B) Any producer may obtain a ballot from the president so that he  or
    40  she  may register his or her own approval or disapproval of the proposed
    41  order.
    42    (C) A producer who is a member of a cooperative which has notified him
    43  or her of its intent to approve or not to approve of a  proposed  order,
    44  and  who  obtains  a  ballot  and  with such ballot expresses his or her
    45  approval or disapproval of the proposed order, shall notify  the  presi-
    46  dent  as  to the name of the cooperative of which he or she is a member,
    47  and the president shall remove such producer's name from the list certi-
    48  fied by such cooperative.
    49    (D) In order to ensure that all milk producers are informed  regarding
    50  a  proposed order, the president shall notify all milk producers that an
    51  order is being considered and that each producer may register his or her
    52  approval or disapproval with the president either  directly  or  through
    53  his or her cooperative.
    54    (E)  The president shall consult with the milk producers and establish
    55  a referendum advisory committee to assist and advise him or her  in  the
    56  conduct of the referendum. Such committee shall review referendum proce-

        S. 6408--C                         18                         A. 9008--C
 
     1  dures  and  the tabulation of results, and shall advise the president of
     2  its findings. The final certification of the referendum results shall be
     3  made by the president. The committee shall be selected  by  the  commis-
     4  sioner in consultation with the president, and shall consist of not less
     5  than  three  members, none of whom shall be persons directly affected by
     6  the promotion order being voted upon.   Two members shall  be  represen-
     7  tatives of general farm organizations which are not directly affected by
     8  the  order  being  voted  upon.  The  members of the committee shall not
     9  receive a salary but shall be entitled to actual and reasonable expenses
    10  incurred in the performance of their duties.
    11    (ii) The president, in consultation with the  commissioner,  may,  and
    12  upon  written  petition of not less than ten per centum of the producers
    13  in the area, either as  individuals  or  through  cooperative  represen-
    14  tation,  shall, call a hearing to amend or terminate such order, and any
    15  such amendment or termination shall be effective only upon  approval  of
    16  fifty-one  per  centum  of  the producers of milk for the area regulated
    17  participating in a referendum vote as provided pursuant  to  this  para-
    18  graph.
    19    (c)  The president, consulting with and seeking the advice and consent
    20  of the advisory board, shall  administer  and  enforce  any  such  dairy
    21  promotion order while it is in effect, for the purpose of:
    22    (i)  Encouraging  the  consumption  of  milk  and  dairy  products  by
    23  acquainting consumers and others with  the  advantages  and  economy  of
    24  using more of such products,
    25    (ii)  Protecting  the  health  and welfare of consumers by assuring an
    26  adequate supply of milk and dairy products,
    27    (iii) Providing for research programs  designed  to  develop  new  and
    28  improved dairy products,
    29    (iv)  Providing  for  research programs designed to acquaint consumers
    30  and the public generally with the effects of the use of milk  and  dairy
    31  products on the health of such consumers,
    32    (v)  Carrying  out,  in  other ways, the declared policy and intent of
    33  this section.
    34    4. Provisions of dairy promotion orders. Any dairy promotion order  or
    35  orders may contain, among others, any or all of the following:
    36    (a)  Provision for levying an assessment against all producers subject
    37  to the regulation for the purpose of carrying out the provisions of such
    38  order and to pay the cost of administering and enforcing such order.  In
    39  order to collect any such assessments, provision shall be made for  each
    40  milk  dealer  who  receives  milk from producers to deduct the amount of
    41  assessment from moneys otherwise due to producers for the milk so deliv-
    42  ered. The rate of such assessment  shall  not  exceed  two  percent  per
    43  hundredweight  of  the gross value of the producers' milk, and there may
    44  be credited against any such assessment the  amounts  per  hundredweight
    45  otherwise  paid  by  any  producer  covered  by  the  order by voluntary
    46  contribution or otherwise pursuant to any other federal  or  state  milk
    47  market  order for any similar research promotion or advertising program.
    48  Notwithstanding the provisions of paragraph (b) of subdivision three  of
    49  this section, the president, upon written petition of no less than twen-
    50  ty-five  percent  of  producers  in  the  area, either as individuals or
    51  through cooperative representation, and in consultation with the commis-
    52  sioner, may call a hearing for the sole purpose of  establishing  a  new
    53  rate  of  assessment  hereunder  and may submit a proposed change in the
    54  rate of assessment to the producers for acceptance or rejection  without
    55  otherwise affecting the order. The producers in the area may vote on the
    56  proposed  rate  either  as  individuals or through cooperative represen-

        S. 6408--C                         19                         A. 9008--C
 
     1  tation. Notwithstanding the foregoing provisions of this  paragraph  and
     2  of paragraph (b) of subdivision three of this section, or the provisions
     3  of  any  order promulgated pursuant to this section, the rate of assess-
     4  ment,  for  any  period  during  which  a  dairy  products promotion and
     5  research order established pursuant to the  federal  dairy  and  tobacco
     6  adjustment  act  of  1983 is in effect, shall not be less than an amount
     7  equal to the  maximum  credit  which  producers  participating  in  this
     8  state's  dairy  products  promotion  or nutrition education programs may
     9  receive pursuant to subdivision (g) of Sec. 113 of said federal act.
    10    (b) Provision for payments to organizations engaged  in  campaigns  by
    11  advertisements or otherwise, including participation in similar regional
    12  or  national  plans or campaigns to promote the increased consumption of
    13  milk and dairy products, to acquaint the public with the dietary  advan-
    14  tages of milk and dairy products and with the economy of their inclusion
    15  in the diet and to command, for milk and dairy products, consumer atten-
    16  tion consistent with their importance and value.
    17    (c) Provision for payments to institutions or organizations engaged in
    18  research leading to the development of new or improved dairy products or
    19  research  with  respect  to  the value of milk and dairy products in the
    20  human diet.
    21    (d) Provision for requiring records to be kept and reports to be filed
    22  by milk dealers with respect to milk received from  producers  and  with
    23  respect to assessments on the milk of such producers.
    24    (e) Provision for the auditing of the records of such milk dealers for
    25  the purpose of verifying payment of producer assessments.
    26    (f) Provision for an advisory board pursuant to subdivision 10 of this
    27  section.
    28    (g)  Provision  for  the president to retain money collected under any
    29  marketing order issued pursuant to this section, to defray the costs and
    30  expenses in the administration thereof.
    31    (h) Such other provisions  as  may  be  necessary  to  effectuate  the
    32  declared policies of this section.
    33    5.  Matters  to  be considered. In carrying out the provisions of this
    34  section and particularly in determining whether or not a dairy promotion
    35  order shall be issued, the president, in consultation with  the  commis-
    36  sioner,  shall take into consideration, among others, facts available to
    37  him or her with respect to the following:
    38    (a) The total production of milk in the area  and  the  proportion  of
    39  such milk being utilized in fluid form and in other products,
    40    (b) The prices being received for milk by producers in the area,
    41    (c)  The  level  of consumption per capita for fluid milk and of other
    42  dairy products,
    43    (d) The purchasing power of consumers,
    44    (e) Other products which compete with  milk  and  dairy  products  and
    45  prices of such products.
    46    6.  Interstate  orders for compacts. The commissioner is authorized to
    47  confer and cooperate with the legally constituted authorities  of  other
    48  states  and of the United States with respect to the issuance and opera-
    49  tion of joint and concurrent dairy promotion orders or other  activities
    50  tending  to  carry  out the declared intent of the act. The commissioner
    51  may join with such other authorities in conducting joint investigations,
    52  holding joint hearings and issuing joint or concurrent order  or  orders
    53  complementary  to  those  of  the  federal government and the president,
    54  after consulting with the commissioner,  shall  have  the  authority  to
    55  employ  or  designate  a  joint agent or joint agencies to carry out and
    56  enforce such joint, concurrent or supplementary orders.

        S. 6408--C                         20                         A. 9008--C
 
     1    7. Prior assessments.  Prior  to  the  effective  date  of  any  dairy
     2  promotion order as provided in this section, the president, in consulta-
     3  tion  with  the  commissioner, may require that cooperative associations
     4  which have petitioned for such an order and that have  approved  of  the
     5  issuance of such an order, to deposit with the president such amounts as
     6  he  or she may deem necessary to defray the expense of administering and
     7  enforcing such order until such time as the assessments as herein before
     8  provided are adequate for that purpose. Such funds  shall  be  received,
     9  deposited  and  disbursed  by  the president in the same manner as other
    10  funds received by him or her pursuant to this section and the  president
    11  shall  reimburse those who paid these prior assessments from other funds
    12  received by him or her pursuant to this section.
    13    8. Status of funds. Any moneys collected under any market order issued
    14  pursuant to this section shall not be deemed to be state or  corporation
    15  funds and shall be deposited in a bank or other depository of the corpo-
    16  ration,  approved  by  the  president, allocated to each dairy promotion
    17  order under which they were collected, and shall  be  disbursed  by  the
    18  president only for the necessary expenses incurred by the president with
    19  respect  to  each  separate  order, all in accordance with the rules and
    20  regulations of the president. All such  expenses  shall  be  subject  to
    21  audits  by  the  state  comptroller.   Any moneys remaining in such fund
    22  allocable to a particular order, after the termination of such order and
    23  not required by the president to defray the expenses of  operating  such
    24  order,  may in the discretion of the president be refunded on a pro-rata
    25  basis to all persons from  whom  assessments  therefor  were  collected;
    26  provided,  however,  that  if  the  president  finds that the amounts so
    27  refundable are so small as to make  impracticable  the  computation  and
    28  refunding  of  such  moneys, the president may use such moneys to defray
    29  the expenses incurred by him  or  her  in  the  promulgation,  issuance,
    30  administration or enforcement of any other similar dairy promotion order
    31  or in the absence of any other such dairy promotion order, the president
    32  may  pay  such  moneys to any organization or institution as provided in
    33  paragraph (b) or (c) of subdivision four of this section.
    34    9. Budget. The commissioner, in consultation with the president, shall
    35  prepare a budget for the administration and operating costs and expenses
    36  including advertising and sales promotion when  required  in  any  dairy
    37  promotion  order executed hereunder and to provide for the collection of
    38  such necessary fees or assessments to defray costs and expenses,  in  no
    39  case  to exceed two percent per hundredweight of the gross value of milk
    40  marketed by producers in the area covered by the order.
    41    10. Advisory board.  (a) Any dairy promotion order issued pursuant  to
    42  this section shall provide for the establishment of an advisory board to
    43  advise  and  assist  the  president in the administration of such order.
    44  The president shall administer and  enforce  any  such  dairy  promotion
    45  order  while  it  is  in  effect, consulting with the advisory board and
    46  seeking its advice and consent.  This board shall consist  of  not  less
    47  than  five members and shall be appointed by the commissioner from nomi-
    48  nations submitted by producers marketing milk in the area to  which  the
    49  order  applies. Nominating procedure, qualification, representation, and
    50  size of the advisory board shall be prescribed in the  order  for  which
    51  such board was appointed.
    52    (b) No member of an advisory board shall receive a salary but shall be
    53  entitled  to  his  or  her actual and reasonable expenses incurred while
    54  performing his or her duties as authorized in this section.
    55    (c) The duties and responsibilities of the  advisory  board  shall  be
    56  prescribed  by the president, in consultation with the commissioner, and

        S. 6408--C                         21                         A. 9008--C
 
     1  he or she shall specifically delegate to the advisory board,  by  inclu-
     2  sion  in the dairy promotion order the following duties and responsibil-
     3  ities:
     4    (i)  The  recommendation  to the president of administrative rules and
     5  regulations relating to the order.
     6    (ii) Recommending to the president such amendments  to  the  order  as
     7  deemed advisable.
     8    (iii) The preparation and submission to the commissioner, in consulta-
     9  tion  with the president, of an estimated budget required for the proper
    10  operation of the order.
    11    (iv) Recommending to the president methods for assessing producers and
    12  methods for collecting the necessary funds.
    13    (v) Assisting the president in the collection and assembly of informa-
    14  tion and data necessary for the proper administration of the order.
    15    (vi) The performance of such other duties in connection with the order
    16  as the president shall designate.
    17    11. Rules and regulations; enforcement.  (a) The president  may,  with
    18  the  advice and consent of the advisory board, make and issue such rules
    19  and regulations as may be necessary to  effectuate  the  provisions  and
    20  intent  of  this  section  and  to  enforce  the provisions of any dairy
    21  promotion order, all of which shall have the force and effect of law.
    22    (b) The president, in consultation with the commissioner may institute
    23  such action at law or in equity  as  may  appear  necessary  to  enforce
    24  compliance  with  any  provision  of  this section, or any rule or regu-
    25  lation, or dairy promotion order committed to his or her administration,
    26  and may apply for relief by  injunction  if  necessary  to  protect  the
    27  public  interest  without  being  compelled  to  allege or prove that an
    28  adequate remedy at law does not exist. Such application shall be made to
    29  the supreme court in any district or county provided in the civil  prac-
    30  tice  law  and  rules,  or  to  the  supreme court in the third judicial
    31  district.
    32    12. Cooperation by the department.   The  president  may  request  and
    33  receive,  within  ninety  days  of such request from the department such
    34  assistance, information and cooperation as  may  be  necessary  for  the
    35  corporation  to  provide  services with respect to the administration of
    36  the procedures set forth for the issuance, termination or  amendment  of
    37  any  dairy  promotion order and/or the administration of any such order.
    38  The corporation shall retain an amount equal to the expenses incurred by
    39  the corporation in performing its duties pursuant to  this  section  and
    40  reimburse the department an amount equal to the expenses incurred by the
    41  department  in  supplying  such  services,  subsequent to submission and
    42  audit of a voucher therefor.  Such reimbursement shall  not  exceed  the
    43  total  amount  of  funds  collected  by the corporation pursuant to this
    44  section less the reasonable expenses  incurred  by  the  corporation  in
    45  performing its duties pursuant to this section.
    46    13.  Indemnification. The state shall defend, indemnify and hold harm-
    47  less the corporation, its directors, officers, and employees,  from  and
    48  against  any  and  all claims, demands, causes of action, damages, costs
    49  and expenses whatsoever arising directly or indirectly from, or relating
    50  to, the administration of a dairy promotion order issued or administered
    51  pursuant to this section.  In connection with the foregoing, the  corpo-
    52  ration  shall  give  the  state (a) prompt written notice of any action,
    53  claim or threat of suit, (b) the opportunity to  take  over,  settle  or
    54  defend  such  action, claim or suit at the state's sole expense, and (c)
    55  assistance in the defense of any such  action  at  the  expense  of  the
    56  state.

        S. 6408--C                         22                         A. 9008--C
 
     1    14.  Contractual provisions. The corporation may contract for services
     2  with respect to the implementation of this section  in  accordance  with
     3  the  corporation's  policies, procedures and guidelines. Notwithstanding
     4  section 2879 of the public authorities law  or  any  other  law  to  the
     5  contrary,  any  such  contract  may  be procured by the corporation on a
     6  sole-source basis, and shall  not  be  subject  to  competitive  bid  or
     7  competitive request for proposal requirements.
     8    § 16-y. Marketing of agricultural products. Declaration of policy. (a)
     9  It  is hereby declared that the mission of the corporation is to promote
    10  a vigorous and growing state economy. In implementing this mission,  the
    11  corporation  has  undertaken  a  vigorous campaign to market the state's
    12  assets and by carrying out the provisions of this section, would further
    13  this mission by promoting the development of  markets  for  agricultural
    14  products grown and produced in the state.
    15    (b)  It is further declared that the marketing of agricultural commod-
    16  ities and aquatic products in this state, in excess  of  reasonable  and
    17  normal  market  demands  therefor;  disorderly marketing of such commod-
    18  ities; improper preparation for market and lack of uniform  grading  and
    19  classification  of agricultural commodities and aquatic products; unfair
    20  methods of competition in the marketing  of  such  commodities  and  the
    21  inability  of individual producers to develop new and larger markets for
    22  agricultural commodities and aquatic products, result in an unreasonable
    23  and unnecessary economic waste of the agricultural wealth of this state.
    24  Such conditions and the accompanying waste jeopardize the future contin-
    25  ued production of adequate food supplies for  the  people  of  this  and
    26  other  states.  These  conditions vitally concern the health, safety and
    27  general welfare of the people of this state.
    28    It is therefore declared the legislative purpose  and  the  policy  of
    29  this state:
    30    (i)  To  enable  agricultural  producers and aquatic producers of this
    31  state, with the aid of the state,  more  effectively  to  correlate  the
    32  marketing  of  their  agricultural commodities and aquatic products with
    33  market demands therefor.
    34    (ii) To establish orderly, efficient and equitable marketing of  agri-
    35  cultural commodities and aquatic products.
    36    (iii)  To  provide for uniform grading and proper preparation of agri-
    37  cultural commodities and aquatic products for market.
    38    (iv) To provide methods and means for the development of new and larg-
    39  er markets for agricultural commodities and aquatic products produced in
    40  New York.
    41    (v) To eliminate or reduce the economic  waste  in  the  marketing  of
    42  agricultural commodities and aquatic products.
    43    (vi) To eliminate unjust impairment of the purchasing power of aquatic
    44  producers and the agricultural producers of this state; and
    45    (vii)  To  aid  agricultural  and  aquatic producers in maintaining an
    46  income at an adequate and equitable level.
    47    2. Definitions. (a) "Agricultural commodity" means any and  all  agri-
    48  cultural, horticultural, vineyard products, corn for grain, oats, soybe-
    49  ans,  barley,  wheat,  poultry  or poultry products, bees, maple sap and
    50  pure maple products  produced  therefrom,  christmas  trees,  livestock,
    51  including  swine,  and  honey, sold in the state either in their natural
    52  state or as processed by the producer thereof but does not include milk,
    53  timber or timber products, other than christmas trees, all hay, rye  and
    54  legumes except for soybeans.
    55    (b) "Aquaculture" means the culture, cultivation and harvest of aquat-
    56  ic plants and animals.

        S. 6408--C                         23                         A. 9008--C
 
     1    (c)  "Aquatic  products"  means  any  food  or fiber products obtained
     2  through the  practice  of  aquaculture,  including  mariculture;  or  by
     3  harvest  from  the sea when such products are cultured or landed in this
     4  state.  Such products include but are not limited  to  fish,  shellfish,
     5  seaweed or other water based plant life.
     6    (d) "Producer" means any person engaged within this state in the busi-
     7  ness  of  producing, or causing to be produced for any market, any agri-
     8  cultural commodity or aquatic product.
     9    (e) "Handler" means any person engaged in the  operation  of  packing,
    10  grading, selling, offering for sale or marketing any marketable agricul-
    11  tural  commodities or aquatic products, who as owner, agent or otherwise
    12  ships or causes an agricultural commodity to be shipped.
    13    (f) "Processor" means any person engaged within this state in process-
    14  ing, or in the operation of receiving, grading, packing, canning, freez-
    15  ing, dehydrating, fermenting, distilling, extracting, preserving, grind-
    16  ing, crushing, or in any other way preserving or changing the form of an
    17  agricultural product or aquatic product for  the  purpose  of  marketing
    18  such  commodity  but shall not include a person engaged in manufacturing
    19  from an agricultural commodity or aquatic product another and  different
    20  product.
    21    (g) "Distributor" means any person engaged within this state, in sell-
    22  ing,  offering  for  sale,  marketing  or  distributing  an agricultural
    23  commodity or aquatic product which he or she has purchased  or  acquired
    24  from  a  producer  or  other  person  or which he or she is marketing on
    25  behalf of a producer or other person, whether as owner, agent, employee,
    26  broker or otherwise, but shall  not  include  a  retailer,  except  such
    27  retailer  who  purchases  or  acquires from, or handles on behalf of any
    28  producer or other person, an agricultural commodity or  aquatic  product
    29  subject  to regulation by the marketing agreement or order covering such
    30  commodity.
    31    (h) "President" means the president of the corporation.
    32    (i) "Marketing agreement" means an agreement entered  into,  with  the
    33  approval  of  the  president, by producers with distributors, processors
    34  and handlers regulating the preparation, sale and handling  of  agricul-
    35  tural commodities or aquatic products.
    36    (j)  "Marketing order" means an order issued by the president pursuant
    37  to this section, prescribing rules and regulations governing the market-
    38  ing for processing, the distributing, the sale of, or  the  handling  in
    39  any manner of any agricultural commodity or aquatic product sold in this
    40  state during any specified period or periods.
    41    (k)  "Commissioner"  means  the  commissioner  of  the  New York state
    42  department of agriculture and markets.
    43    (l) "Department" means the New York state  department  of  agriculture
    44  and markets.
    45    3.  Powers and duties of the president. (a) In order to effectuate the
    46  declared policy of this section, the president, in consultation with the
    47  commissioner, may, after due notice and opportunity for hearing, approve
    48  marketing agreements, which  marketing  agreements  shall  thereupon  be
    49  binding upon the signatories thereto exclusively.
    50    (b)  The  president,  in  consultation  with  the commissioner and the
    51  producers, may make and issue marketing orders,  after  due  notice  and
    52  opportunity for hearing, subject to:
    53    (i)  approval  of not less than sixty-six and two-thirds per centum of
    54  the producers participating in a referendum in the area affected, or
    55    (ii) approval of not less than sixty-five per centum of the  producers
    56  participating  in  a  referendum  vote, in the area affected, and having

        S. 6408--C                         24                         A. 9008--C
 
     1  marketed not less than fifty-one per centum of the total quantity of the
     2  commodity which was marketed in the next preceding,  ordinary  marketing
     3  season by all producers that voted in the referendum, or
     4    (iii)  approval of not less than fifty-one per centum of the producers
     5  participating in a referendum vote, in the  area  affected,  and  having
     6  marketed  not  less  than sixty-five per centum of the total quantity of
     7  the commodity which was marketed in the next preceding, ordinary market-
     8  ing season by all producers that voted in the referendum. The  president
     9  may,  and upon written petition duly signed by twenty-five per centum of
    10  the producers in the area amend or terminate such order after due notice
    11  and opportunity for hearing, but subject to the  approval  of  not  less
    12  than  fifty  per  centum of such producers participating in a referendum
    13  vote.
    14    (c) The president, consulting with and seeking the advice and  consent
    15  of  the advisory board shall administer and enforce any marketing order,
    16  while it is in effect, to:
    17    (i) Encourage and maintain stable prices  received  by  producers  for
    18  such  agricultural  commodity  and  aquatic  product at a level which is
    19  consistent with the provisions and aims of this act.
    20    (ii) Prevent the unreasonable or unnecessary waste of  land  or  water
    21  based wealth.
    22    (iii)  Protect  the interests of consumers of such commodity, by exer-
    23  cising the powers of this section to such  extent  as  is  necessary  to
    24  effectuate the purposes of this act.
    25    (iv) Provide consultation to the commissioner who shall budget for the
    26  administration  and operating costs and expenses, seeking the advice and
    27  consent of the advisory board, including advertising and sales promotion
    28  when required in any marketing  agreement  or  order  executed  in  this
    29  section  and  to provide for the collection and retention of such neces-
    30  sary fees to defray such costs and expenses, in no case to  exceed  five
    31  percent  of  the  gross  dollar  volume  of  sales  or  dollar volume of
    32  purchases or amounts handled, to be collected from each  person  engaged
    33  in the production, processing, distributing or the handling of any mark-
    34  etable  agricultural commodity and aquatic product produced or landed in
    35  this state and directly affected by any marketing order issued  pursuant
    36  to this section for such commodity.
    37    (v)  Confer  and cooperate with the legally constituted authorities of
    38  other states and the United States.
    39    (d) Any marketing agreement or order issued by the president  pursuant
    40  to  this section, in consultation with the commissioner, may contain any
    41  or all of the following:
    42    (i) Provisions for determining the existence and extent of the surplus
    43  of any agricultural commodity, or of any grade, size or quality thereof,
    44  and providing for the regulation and disposition of such surplus.
    45    (ii) Provisions for limiting the total quantity  of  any  agricultural
    46  product,  or  of  any  grade  or  grades,  size  or sizes, or quality or
    47  portions or combinations thereof, which may be marketed during any spec-
    48  ified period or periods. Such total quantity of any  such  commodity  so
    49  regulated  shall not be less than the quantity which the president shall
    50  find is reasonably necessary to supply the market  demand  of  consumers
    51  for such commodity.
    52    (iii)  Provisions  regulating  to the period, or periods, during which
    53  any agricultural commodity, or any grade or grades,  size  or  sizes  or
    54  quality or portions or combinations of such commodity, may be marketed.
    55    (iv)  Provisions  for the establishment of uniform grading, standards,
    56  and inspection of any agricultural commodity delivered by  producers  or

        S. 6408--C                         25                         A. 9008--C
 
     1  other  persons  to handlers, processors, distributors or others engaging
     2  in the handling thereof, and for the establishment of grading or  stand-
     3  ards  of quality, condition, size, maturity or pack for any agricultural
     4  commodity,  and  the inspection and grading of such commodity in accord-
     5  ance with such grading or standards so established; and  for  provisions
     6  that  no producer, handler, processor or distributor of any agricultural
     7  commodity for which grading or standards are so established may,  except
     8  as  otherwise provided in such marketing agreement or order, sell, offer
     9  for sale, process, distribute or otherwise  handle  any  such  commodity
    10  whether produced within or without this state, not meeting and complying
    11  with  such  established  grading  or standards. For the purposes of this
    12  section,  the  federal-state  inspection  service  shall   perform   all
    13  inspections made necessary by such provisions.
    14    (v)  Provisions for the establishment of research programs designed to
    15  benefit a specified commodity or New York agriculture in general.
    16    (vi) Provisions for the president to retain money collected under  any
    17  marketing  order issued pursuant to this section to defray the costs and
    18  expenses in the administration thereof.
    19    (vii) Such other provisions as may  be  necessary  to  effectuate  the
    20  declared policies of this section.
    21    (viii)  Provisions  to  establish  marketing  promotion  and  research
    22  programs for  aquatic  products  which  may  include  subparagraphs  (i)
    23  through (vii) of this paragraph.
    24    (e)  The president, seeking the advice and the consent of the advisory
    25  board, may temporarily suspend the operation of an  effective  marketing
    26  order for a continuing period of not longer than one growing and market-
    27  ing  season,  if  the  purposes  of  this section are deemed unnecessary
    28  during such season.
    29    (f) In carrying out the purposes of this section,  the  president,  in
    30  consultation  with  the commissioner and consulting with and seeking the
    31  advice and consent of the advisory board, shall take into  consideration
    32  any  and all facts available to him or her with respect to the following
    33  economic factors:
    34    (i) The quantity of such agricultural commodity available for distrib-
    35  ution.
    36    (ii) The quantity of such agricultural commodity normally required  by
    37  consumers.
    38    (iii) The cost of producing such agricultural commodity.
    39    (iv) The purchasing power of consumers.
    40    (v)  The  level  of prices of commodities, services and sections which
    41  the farmers commonly buy.
    42    (vi) The level of prices of other commodities which  compete  with  or
    43  are utilized as substitutes for such agricultural commodity.
    44    (g)  The  execution  of  such  marketing agreements shall in no manner
    45  affect the issuance, administration  or  enforcement  of  any  marketing
    46  order  provided for in this section. The president, in consultation with
    47  the commissioner, may issue such marketing  order  without  executing  a
    48  marketing agreement or may execute a marketing agreement without issuing
    49  a  marketing order covering the same commodity. The president, in his or
    50  her discretion, in consultation with the commissioner may hold a concur-
    51  rent hearing upon a proposed marketing agreement and a proposed  market-
    52  ing  order  in the manner provided for giving due notice and opportunity
    53  for hearing for a marketing order as provided in this section.
    54    (h) Prior to the issuance, amendment or termination of  any  marketing
    55  order,  the  president  may  require  the  applicants for such issuance,
    56  amendment or termination to deposit with him or her such amount as he or

        S. 6408--C                         26                         A. 9008--C
 
     1  she may deem necessary to defray the expenses of  preparing  and  making
     2  effective amending or terminating a marketing order. Such funds shall be
     3  received, deposited and disbursed by the president in the same manner as
     4  other  fees  received by him or her under this section and, in the event
     5  the application for adoption, amendment or termination  of  a  marketing
     6  order  is  approved  in  a referendum, the president shall reimburse any
     7  such applicant in the amount of any such  deposit  from  any  unexpended
     8  monies collected under the marketing order affected by such referendum.
     9    (i)  Any  moneys  collected  by the president pursuant to this section
    10  shall not be deemed state or corporation funds and shall be deposited in
    11  a bank or other depository of the corporation, approved  by  the  presi-
    12  dent,  allocated to each marketing order under which they are collected,
    13  and shall be disbursed by the president only for the necessary  expenses
    14  incurred  by  the president with respect to each such separate marketing
    15  order, all in accordance with the rules and regulations  of  the  presi-
    16  dent.  All  such  expenditures  shall  be subject to audits by the state
    17  comptroller.  Any moneys remaining in such fund allocable to any partic-
    18  ular commodity affected by a marketing order may, in the  discretion  of
    19  the  president,  be refunded at the close of any marketing season upon a
    20  pro-rata basis to  all  persons  from  whom  assessments  therefor  were
    21  collected  or,  whenever  the  president  finds  that such moneys may be
    22  necessary to defray the cost of operating  such  marketing  order  in  a
    23  succeeding marketing season, he or she may carry over all or any portion
    24  of  such  moneys  into  the next such succeeding season. Upon the termi-
    25  nation by the president of any marketing order, all moneys remaining and
    26  not required by the president to defray the expenses of  operating  such
    27  marketing  order,  shall  be  refunded  by the president upon a pro-rata
    28  basis to all persons from  whom  assessments  therefor  were  collected;
    29  provided,  however,  that  if  the  president  finds that the amounts so
    30  refundable are so small as to make  impracticable  the  computation  and
    31  refunding  of  such refunds, the president may use such moneys to defray
    32  the expenses incurred by him or her in the formulation, issuance, admin-
    33  istration or enforcement of any  subsequent  marketing  order  for  such
    34  commodity.
    35    (j)  Advisory board.   (i) Any marketing order issued pursuant to this
    36  section shall provide for the establishment of  an  advisory  board,  to
    37  consist  of  not  less  than five members nor more than nine members, to
    38  advise the president in the administration of such  marketing  order  in
    39  accordance with its terms and provisions. The president shall administer
    40  and  enforce  any  such order while it is in effect, consulting with the
    41  advisory board and seeking its advice and consent.  The members of  said
    42  board  shall  be appointed by the commissioner from nominations received
    43  from the commodity group for which the marketing order  is  established.
    44  Nominating  procedure,  qualification,  representation  and  size of the
    45  advisory board shall be prescribed in each  marketing  order  for  which
    46  such  board  is appointed. Each advisory board shall be composed of such
    47  producers and handlers or processors as are  directly  affected  by  the
    48  marketing  order in such proportion of representation as the order shall
    49  prescribe. The commissioner may appoint one  person  who  is  neither  a
    50  producer,  processor  or  other  handler  to represent the department of
    51  agriculture and markets, the corporation, or the public generally.
    52    (ii) No member of an advisory board shall receive a salary,  but  each
    53  shall  be  entitled to his or her actual expenses incurred while engaged
    54  in performing his or her duties herein authorized.
    55    (iii) The duties and responsibilities of each advisory board shall  be
    56  prescribed  by the president, in consultation with the commissioner, and

        S. 6408--C                         27                         A. 9008--C
 
     1  he or she shall specifically delegate to the advisory board,  by  inclu-
     2  sion in the marketing order, the following duties and responsibilities:
     3    (A)  The  recommendation  to the president of administrative rules and
     4  regulations relating to the marketing order.
     5    (B) Recommending to the president such  amendments  to  the  marketing
     6  order as deemed advisable.
     7    (C)  The  preparation and submission to the commissioner, in consulta-
     8  tion with the president, of the estimated budget required for the proper
     9  operation of the marketing order.
    10    (D) Recommending to the president methods for assessing members of the
    11  industry and methods for collecting the necessary funds.
    12    (E) Assisting the president in the collection and assembling of infor-
    13  mation and data necessary to the proper administration of the order.
    14    (F) The performance of  such  other  duties  in  connection  with  the
    15  marketing order as the president shall designate.
    16    4.  Rules and regulations; enforcement. The president, with the advice
    17  and consent of the advisory board, may make and  promulgate  such  rules
    18  and  regulations  as  may  be necessary to effectuate the provisions and
    19  intent of this section and to enforce the  provision  of  any  marketing
    20  agreement or order, all of which shall have the force and effect of law.
    21    The  president,  in  consultation  with the commissioner may institute
    22  such action at law or in equity  as  may  appear  necessary  to  enforce
    23  compliance  with  any  provision  of  this section, or any rule or regu-
    24  lation, marketing agreement or order, committed to his or  her  adminis-
    25  tration, and in addition may apply for relief by injunction if necessary
    26  to  protect  the  public  interest  without being compelled to allege or
    27  prove that an adequate remedy at law does not  exist.  Such  application
    28  may  be  made to the supreme court in any district or county as provided
    29  in the civil practice law and rules, or to  the  supreme  court  in  the
    30  third judicial district.
    31    5.  Cooperation  by the department.   The president of the corporation
    32  may request and receive, within ninety days of such  request,  from  the
    33  department such assistance, information and cooperation as may be neces-
    34  sary  for the corporation to provide services with respect to the admin-
    35  istration of the procedures set forth for the issuance,  termination  or
    36  amendment  of  any agricultural, commodities or aquatic order and/or the
    37  administration of any such order.    The  corporation  shall  retain  an
    38  amount  equal  to the expenses incurred by the corporation in performing
    39  its duties pursuant to this section  and  reimburse  the  department  an
    40  amount  equal  to  the  expenses incurred by the department in supplying
    41  such services, subsequent to submission and audit of a voucher therefor.
    42  Such reimbursement shall not exceed the total amount of funds  collected
    43  by the corporation pursuant to this section less the reasonable expenses
    44  incurred  by  the  corporation in performing its duties pursuant to this
    45  section.
    46    6. Indemnification. The state shall defend, indemnify and  hold  harm-
    47  less  the  corporation, its directors, officers, and employees, from and
    48  against any and all claims, demands, causes of  action,  damages,  costs
    49  and expenses whatsoever arising directly or indirectly from, or relating
    50  to,  the  administration  of  any  agricultural,  commodities or aquatic
    51  promotion order issued or administered pursuant to  this  section.    In
    52  connection  with the foregoing, the corporation shall give the state (a)
    53  prompt written notice of any action, claim or threat of  suit,  (b)  the
    54  opportunity to take over, settle or defend such action, claim or suit at
    55  the  state's sole expense, and (c) assistance in the defense of any such
    56  action at the expense of the state.

        S. 6408--C                         28                         A. 9008--C
 
     1    7. Contractual provisions. The corporation may contract  for  services
     2  with  respect  to  the implementation of this section in accordance with
     3  the corporation's policies, procedures and  guidelines.  Notwithstanding
     4  section  2879  of  the  public  authorities  law or any other law to the
     5  contrary,  any  such  contract  may  be procured by the corporation on a
     6  sole-source basis, and shall  not  be  subject  to  competitive  bid  or
     7  competitive request for proposal requirements.
     8    §  16-z.  Marketing  orders.    The  marketing  orders, the regulatory
     9  provisions relating thereto, set forth in  title  one  of  the  official
    10  compilation  of  codes,  rules  and regulations of the state of New York
    11  parts 40, 200, 201, 202, 203, 204, and 205, and the  contracts  relating
    12  thereto  shall remain in full force and effect until amended or repealed
    13  pursuant to the statutory authority set forth in sections 16-x and  16-y
    14  of  this  act  except  that:  (a)  such marketing orders, the regulatory
    15  provisions relating thereto, and the contracts relating thereto shall be
    16  administered by and under the supervision of the president of the corpo-
    17  ration as of the effective date of sections 16-x and 16-y of  this  act;
    18  (b)  all  undisbursed funds under the control of the department of agri-
    19  culture and markets shall be transferred to the corporation on or before
    20  such effective date; and (c) any assessments due and payable under  such
    21  marketing  orders  shall be remitted to the corporation starting 30 days
    22  after the effective date of this section.
    23    § 3. This act shall take effect on the ninetieth day  after  it  shall
    24  have  become  a  law  and  shall expire and be deemed repealed two years
    25  after such date; provided, however, that any assessment due and  payable
    26  under  such  marketing orders shall be remitted to the urban development
    27  corporation starting 30 days after such effective date.
 
    28                                   PART T
 
    29    Section 1. Subdivisions 1 and 2 of section  27-1905  of  the  environ-
    30  mental conservation law, as amended by section 1 of part G of chapter 58
    31  of the laws of 2013, are amended to read as follows:
    32    1.  Until  December  thirty-first,  two  thousand  [sixteen] nineteen,
    33  accept from a customer, waste tires of approximately the same  size  and
    34  in a quantity equal to the number of new tires purchased or installed by
    35  the customer; and
    36    2.  Until December thirty-first, two thousand [sixteen] nineteen, post
    37  written notice in a prominent location, which must be at least eight and
    38  one-half inches by fourteen inches in size  and  contain  the  following
    39  language:
    40    "New  York State law requires us to accept and manage waste tires from
    41  vehicles in exchange for an equal number of new tires that  we  sell  or
    42  install.  Tire  retailers are required to charge a separate and distinct
    43  waste tire management and recycling fee of $2.50 for each new tire sold.
    44    The retailers in addition are authorized, at their sole discretion, to
    45  pass on waste tire management and recycling costs  to  tire  purchasers.
    46  Such  costs  may  be included as part of the advertised price of the new
    47  tire, or charged as a separate per-tire  charge  in  an  amount  not  to
    48  exceed $2.50 on each new tire sold."
    49    The  written notice shall also contain one of the following statements
    50  at the end of the aforementioned language and as  part  of  the  notice,
    51  which  shall  accurately  indicate  the manner in which the tire service
    52  charges for waste tire management and recycling costs, and the amount of
    53  any charges that are separately invoiced for such costs:

        S. 6408--C                         29                         A. 9008--C
 
     1    "Our waste tire management and recycling costs  are  included  in  the
     2  advertised price of each new tire.", or
     3    "We  charge  a separate per-tire charge of $____ on each new tire sold
     4  that will be listed on your invoice to cover our waste  tire  management
     5  and recycling costs."
     6    §  2.  Subdivisions  1,  2 and 3 and paragraph (a) of subdivision 6 of
     7  section 27-1913 of the environmental conservation  law,  as  amended  by
     8  section  2  of  part G of chapter 58 of the laws of 2013, are amended to
     9  read as follows:
    10    1. Until December thirty-first, two  thousand  [sixteen]  nineteen,  a
    11  waste  tire  management and recycling fee of two dollars and fifty cents
    12  shall be charged on each new tire sold. The fee shall  be  paid  by  the
    13  purchaser  to  the  tire  service  at the time the new tire or new motor
    14  vehicle is purchased.
    15    The waste tire management and recycling fee does not apply to:
    16    (a) recapped or resold tires;
    17    (b) mail-order sales; or
    18    (c) the sale of new motor vehicle tires to a  person  solely  for  the
    19  purpose  of  resale provided the subsequent retail sale in this state is
    20  subject to such fee.
    21    2. Until December thirty-first, two thousand [sixteen]  nineteen,  the
    22  tire  service  shall collect the waste tire management and recycling fee
    23  from the purchaser at the time of the sale and shall remit such  fee  to
    24  the  department  of taxation and finance with the quarterly report filed
    25  pursuant to subdivision three of this section.
    26    (a) The fee imposed shall be stated as an invoice  item  separate  and
    27  distinct from the selling price of the tire.
    28    (b) The tire service shall be entitled to retain an allowance of twen-
    29  ty-five cents per tire from fees collected.
    30    3.  Until  March  thirty-first, two thousand [seventeen] twenty,  each
    31  tire service maintaining a place of business in this state shall make  a
    32  return  to  the department of taxation and finance on a quarterly basis,
    33  with the return for December, January, and  February  being  due  on  or
    34  before  the  immediately  following  March  thirty-first; the return for
    35  March, April, and May being due on or before the  immediately  following
    36  June  thirtieth;  the  return for June, July, and August being due on or
    37  before the immediately following September thirtieth; and the return for
    38  September, October, and November being due on or before the  immediately
    39  following December thirty-first.
    40    (a) Each return shall include:
    41    (i) the name of the tire service;
    42    (ii) the address of the tire service's principal place of business and
    43  the  address  of the principal place of business (if that is a different
    44  address) from which the tire service engages in the business  of  making
    45  retail sales of tires;
    46    (iii) the name and signature of the person preparing the return;
    47    (iv)  the  total  number of new tires sold at retail for the preceding
    48  quarter and the total number of new tires placed on motor vehicles prior
    49  to original retail sale;
    50    (v) the amount of waste tire management and recycling fees due; and
    51    (vi) such other reasonable information as the department  of  taxation
    52  and finance may require.
    53    (b)  Copies  of  each report shall be retained by the tire service for
    54  three years.

        S. 6408--C                         30                         A. 9008--C
 
     1    If a tire service ceases business, it shall file a  final  return  and
     2  remit  all fees due under this title with the department of taxation and
     3  finance not more than one month after discontinuing that business.
     4    (a)  Until December thirty-first, two thousand [sixteen] nineteen, any
     5  additional waste tire management and recycling costs of the tire service
     6  in excess of the amount authorized to be retained pursuant to  paragraph
     7  (b)  of subdivision two of this section may be included in the published
     8  selling price of the new tire, or charged as a separate per-tire  charge
     9  on  each  new  tire sold. When such costs are charged as a separate per-
    10  tire charge: (i) such charge shall be stated as an invoice item separate
    11  and distinct from the selling price of the tire; (ii) the invoice  shall
    12  state  that  the  charge  is  imposed at the sole discretion of the tire
    13  service; and (iii) the amount of such charge shall  reflect  the  actual
    14  cost to the tire service for the management and recycling of waste tires
    15  accepted  by the tire service pursuant to section 27-1905 of this title,
    16  provided however, that in no event shall such charge exceed two  dollars
    17  and fifty cents on each new tire sold.
    18    §  3.  Subdivision 6 of section 27-1915 of the environmental conserva-
    19  tion law, as added by section 3 of part V-1 of chapter 62 of the laws of
    20  2003, is amended to read as follows:
    21    6. costs of the department of health for the following:
    22    (a) recommendations to protect public health; [and]
    23    (b) administration of requirements of this section[.]; and
    24    (c) prevention or  control  of  on-site  populations  of  vectors,  as
    25  defined  in  subdivision  ten  of section 27-2301 of this article, using
    26  techniques appropriate for protection of human health and  the  environ-
    27  ment to prevent the site from being a vector breeding area.
    28    § 4. This act shall take effect immediately.
 
    29                                   PART U
 
    30    Section  1.  Paragraph a of subdivision 2 of section 92-s of the state
    31  finance law, as added by chapter 610 of the laws of 1993, is amended  to
    32  read as follows:
    33    a. The comptroller shall establish the following separate and distinct
    34  accounts within the environmental protection fund:
    35    (i) solid waste account;
    36    (ii) parks, recreation and historic preservation account;
    37    (iii) open space account; [and]
    38    (iv) climate change mitigation and adaptation account; and
    39    (v) environmental protection transfer account.
    40    § 2. Subdivision 6 of section 92-s of the state finance law is amended
    41  by adding a new paragraph (f) to read as follows:
    42    (f)  Moneys from the climate change account shall be available, pursu-
    43  ant to appropriation and upon certificate of approval of availability by
    44  the director of the  budget,  for  climate  smart  communities  projects
    45  pursuant  to  title  fifteen  of article fifty-four of the environmental
    46  conservation law.
    47    § 3. Paragraph (b) of subdivision 6  of  section  92-s  of  the  state
    48  finance  law,  as amended by chapter 432 of the laws of 1997, is amended
    49  to read as follows:
    50    (b) Moneys from the solid waste account shall be  available,  pursuant
    51  to appropriation and upon certificate of approval of availability by the
    52  director of the budget, for any non-hazardous municipal landfill closure
    53  project;  municipal  waste reduction or recycling project, as defined in
    54  article fifty-four  of  the  environmental  conservation  law;  for  the

        S. 6408--C                         31                         A. 9008--C
 
     1  purposes  of  section  two  hundred  sixty-one  and  section two hundred
     2  sixty-four of the economic development law; any project for the develop-
     3  ment, updating or revision of local solid waste management plans  pursu-
     4  ant  to  sections  27-0107 and 27-0109 of the environmental conservation
     5  law; environmental justice projects and grants and for  the  development
     6  of  the  pesticide  sales and use data base [in conjunction with Cornell
     7  University] pursuant to title twelve  of  article  thirty-three  of  the
     8  environmental conservation law.
     9    §  4.  Subdivisions  1  and  2 of section 54-1101 of the environmental
    10  conservation law, subdivision 1 as amended by chapter 355 of the laws of
    11  2014 and subdivision 2 as amended by chapter 309 of the  laws  of  1996,
    12  are amended to read as follows:
    13    1.  The  secretary  is  authorized  to provide on a competitive basis,
    14  within amounts appropriated, state assistance payments and/or  technical
    15  assistance as defined in section nine hundred seventeen of the executive
    16  law, to municipalities toward the [cost] development of any local water-
    17  front revitalization program, pursuant to article forty-two of the exec-
    18  utive  law  including  planning  projects  to  mitigate  future physical
    19  climate risks and updates to existing  local  waterfront  revitalization
    20  program plans to mitigate future physical climate risks.  Eligible costs
    21  include  planning,  studies, preparation of local laws, and construction
    22  projects.
    23    2. State assistance payments and/or technical assistance,  as  defined
    24  in section nine hundred seventeen of the executive law, shall not exceed
    25  fifty  percent of the cost of the program.  For the purpose of determin-
    26  ing the amount of state assistance payments, costs  shall  not  be  more
    27  than  the  amount  set  forth  in  the  application for state assistance
    28  payments approved by the secretary. The state assistance payments  shall
    29  be  paid  on audit and warrant of the state comptroller on a certificate
    30  of availability of the director of the budget.
    31    § 5. Article 54 of the environmental conservation law  is  amended  by
    32  adding a new title 15 to read as follows:
 
    33                                  TITLE 15
    34                      CLIMATE SMART COMMUNITY PROJECTS
    35  Section 54-1501. Definition.
    36          54-1503. Climate smart community projects.
    37          54-1505. Eligibility  to  receive  state assistance payments for
    38                     climate smart community projects.
    39          54-1507. Criteria for climate smart community projects.
    40          54-1509. State assistance application procedure.
    41          54-1511. State assistance payments for climate  smart  community
    42                     projects.
    43          54-1513. Climate change mitigation easements.
    44          54-1515. Contracts  for  state  assistance  payments for climate
    45                     smart community projects.
    46          54-1517. Powers and duties of the commissioner.
    47          54-1519. Powers and duties of a municipality.
    48          54-1521. Clean vehicle projects.
    49          54-1523. Climate adaptation and mitigation projects.
    50  § 54-1501. Definition.
    51    For purposes of this title, "climate smart community  projects"  shall
    52  mean  adaptation and mitigation projects, including flood mitigation and
    53  coastal and riparian resiliency, greenhouse gas reductions  outside  the
    54  power  sector  and climate change adaptation planning, and clean vehicle
    55  projects.

        S. 6408--C                         32                         A. 9008--C
 
     1  § 54-1503. Climate smart community projects.
     2    The commissioner, pursuant to appropriation therefor, is authorized to
     3  undertake climate smart community projects.
     4  § 54-1505. Eligibility  to receive state assistance payments for climate
     5               smart community projects.
     6    Any municipality may apply for state assistance  payments  toward  the
     7  cost  of  a climate smart community project. Any application must comply
     8  with all applicable rules and regulations determined by the department.
     9  § 54-1507. Criteria for climate smart community projects.
    10    Costs incurred prior to April first, two thousand sixteen,  shall  not
    11  be eligible for state assistance payments funded pursuant to this title.
    12  Projects  must demonstrate an ability to identify, mitigate and/or adapt
    13  to climate change vulnerability and risk  or  demonstrate  potential  to
    14  reduce greenhouse gas emissions outside the power sector.
    15  § 54-1509. State assistance application procedure.
    16    1. A municipality, upon the approval of its governing body, may submit
    17  an  application  to  the  commissioner, in such form and containing such
    18  information as  the  commissioner  may  require,  for  state  assistance
    19  payments  toward  the cost of a project which is within the state of New
    20  York and which is eligible for state assistance pursuant to this title.
    21    2. The commissioner shall review  such  project  application  and  may
    22  approve,  disapprove  or recommend modifications thereto consistent with
    23  applicable law, criteria, standards or rules and regulations relative to
    24  such projects. In reviewing applications for projects pursuant  to  this
    25  section, the commissioner shall give due consideration to:
    26    a.  the  urgency  of need to provide state assistance payments for the
    27  project in relation to the provision of monies for other  project  needs
    28  in the state known at the time such application is made;
    29    b. the project's contribution to the state's climate goals; and
    30    c. the ability of the municipality to pay for the costs of the climate
    31  smart community project.
    32  § 54-1511. State   assistance   payments  for  climate  smart  community
    33               projects.
    34    1. Unless otherwise specified by law, the commissioner  is  authorized
    35  to  provide  on  a competitive basis, within amounts appropriated, state
    36  assistance payments to a municipality toward the  cost  of  any  climate
    37  smart  community  project approved by the commissioner provided that the
    38  commissioner determines that future physical climate  risk  due  to  sea
    39  level rise, and/or storm surges and/or flooding, based on available data
    40  predicting  the  likelihood  of future extreme weather events, including
    41  hazard risk analysis data if applicable,  has  been  considered,  except
    42  that  such  determination  shall  not  apply  to  rebates  for  eligible
    43  purchases pursuant to section 54-1521 of this title.
    44    2. The commissioner and a municipality may enter into a  contract  for
    45  the undertaking of a climate smart community project. Such project shall
    46  be  recommended to the commissioner by the governing body of the munici-
    47  pality, and when approved by the commissioner, undertaken by the munici-
    48  pality pursuant to this article and any other applicable  provisions  of
    49  law.
    50    3.  State  assistance  payments  shall not exceed fifty percent of the
    51  project cost or two million dollars, whichever is less. Such  costs  are
    52  subject  to final computation and determination by the commissioner upon
    53  completion of the project, and shall not  exceed  the  maximum  eligible
    54  cost set forth in the contract.
    55    4. The commissioner shall promulgate rules and regulations which shall
    56  include  criteria  for  determining eligible expenditures and procedures

        S. 6408--C                         33                         A. 9008--C

     1  for governing the commitment and disbursement of funds  appropriated  in
     2  accordance with this title. The commissioner shall also promulgate rules
     3  and regulations which shall include application procedures, review proc-
     4  esses, and project approval guidelines and criteria.
     5  § 54-1513. Climate change mitigation easements.
     6    A  municipality  which  develops,  improves, restores or rehabilitates
     7  real property that is not owned by the  municipality  pursuant  to  this
     8  title  with  funds  made available pursuant to this title shall obtain a
     9  climate change mitigation easement from the owner of the real  property.
    10  Climate  change  mitigation  easements shall be enforced as conservation
    11  easements are enforced in section 49-0305 of this chapter.
    12  § 54-1515. Contracts for state assistance  payments  for  climate  smart
    13               community projects.
    14    1.  After  approval  of  the application, the commissioner may, in the
    15  name of the state, enter into contracts with municipalities, to  provide
    16  state  assistance  payments  toward  the cost of climate smart community
    17  projects, which shall include the following provisions:
    18    a. an estimate of the costs  of  the  project  as  determined  by  the
    19  commissioner;
    20    b.  an agreement by the commissioner to make state assistance payments
    21  toward the cost of the project by periodically reimbursing  the  munici-
    22  pality   during   the  progress  of  project  development  or  following
    23  completion of the project as may be agreed upon by the  parties,  in  an
    24  amount  not  to  exceed the amounts established elsewhere in this title;
    25  and
    26    c. an agreement by the municipality:
    27    (i) to proceed expeditiously with and complete the project as approved
    28  by the commissioner;
    29    (ii) to undertake and maintain the climate smart community project  in
    30  accordance with applicable law and rules and regulations;
    31    (iii)  to  provide  for the payment of the municipality's share of the
    32  cost of the project;
    33    (iv) to assume the full cost of any additional elements  or  continued
    34  operation of the project;
    35    (v)  to repay within one year of notification by the commissioner, any
    36  state assistance payments made toward the cost  of  the  project  or  an
    37  equitable portion of such monies declared appropriate by the commission-
    38  er,  if  the  municipality fails to complete the project as approved. No
    39  repayment, however, shall be required where  the  commission  determines
    40  that  such  failure, disposition or change of use was immediately neces-
    41  sary to protect public health and safety; and
    42    (vi) to apply for  and  make  reasonable  efforts  to  secure  federal
    43  assistance for the project.
    44    2.  In  connection  with  each  contract,  the commissioner shall keep
    45  adequate records of the amount of the payment  by  the  state,  if  any,
    46  received  by  the  municipality.   Such records shall be retained by the
    47  commissioner and shall establish the  basis  for  recalculation  of  the
    48  state payment as required herein.
    49    3.  The  commissioner  shall  impose such contractual requirements and
    50  conditions  upon  any  municipality  which  receives  state   assistance
    51  payments  pursuant  to this title as may be necessary and appropriate to
    52  ensure that a public benefit shall accrue from the use of  public  funds
    53  by  such municipality.  Such conditions shall include limitations on the
    54  right  of  the  municipality  to  demolish  or  convey  such   property,
    55  provisions  for  public  access  or use where appropriate, a requirement
    56  that all plans for restoration, rehabilitation, improvement,  demolition

        S. 6408--C                         34                         A. 9008--C
 
     1  or other physical change must be subject to the commissioner's approval,
     2  and  such  other  conditions  which  shall  assure  the preservation and
     3  protection of the project.
     4  § 54-1517. Powers and duties of the commissioner.
     5    In administering the provisions of this title the commissioner:
     6    1.  shall  make  an  itemized  estimate  of  funds  or  appropriations
     7  requested annually for inclusion in the executive budget;
     8    2. may, in the name of the state,  as  further  provided  within  this
     9  article,  contract  to  make,  within  the  limitations of appropriation
    10  available therefor, state assistance payments toward  the  costs  of  an
    11  approved  project.  Such  contracts  shall be subject to approval by the
    12  state comptroller and, as to form, by the attorney general;
    13    3. shall approve vouchers for the payments  pursuant  to  an  approved
    14  contract.  All  such  payments shall be paid on the audit and warrant of
    15  the state comptroller; and
    16    4. may perform such other and further acts as may be necessary, proper
    17  or desirable to carry out the provisions of this article.
    18  § 54-1519. Powers and duties of a municipality.
    19    A municipality shall have the power and authority to:
    20    1. undertake and carry out any  project  for  which  state  assistance
    21  payments  pursuant to contract are received or are to be received pursu-
    22  ant to this article and maintain and operate such project;
    23    2. expend money received from the state pursuant to this  article  for
    24  costs incurred in conjunction with the approved project; and
    25    3.  perform such other and further acts as may be necessary, proper or
    26  desirable to carry out a project or obligation, duty or function related
    27  thereto.
    28  § 54-1521. Clean vehicle projects.
    29    1. As used in this section, the following terms shall have the follow-
    30  ing meanings:
    31    a. "eligible infrastructure project"  shall  mean  any  facility  (not
    32  including  a building and its structural components) that is used prima-
    33  rily for the public charging and/or fueling of vehicles which  meet  the
    34  eligible  vehicle  definition  that has received required federal, state
    35  and local permits and authorizations complies with zoning.
    36    b. "eligible purchase" shall mean the purchase by  a  municipality  to
    37  own  or  lease  for  a  period  of not less than thirty-six months of an
    38  eligible vehicle placed into service on or after April first, two  thou-
    39  sand sixteen at a dealer located within New York.
    40    c.  "eligible vehicle" means and includes a new motor vehicle that:
    41    (i) has four wheels;
    42    (ii)  was  manufactured for use primarily on public streets, roads and
    43  highways;
    44    (iii) the powertrain of which has not been modified from the  original
    45  manufacturer's specifications;
    46    (iv)  is  rated  at  not  more than eight thousand five hundred pounds
    47  gross vehicle weight;
    48    (v) has a maximum speed capability of at least  fifty-five  miles  per
    49  hour; and
    50    (vi) is propelled at least in part by an electric motor and associated
    51  power  electronics which provide acceleration torque to the drive wheels
    52  sometime during normal vehicle operation,  and  that  draws  electricity
    53  from a hydrogen fuel cell or from a battery that:
    54    (A) has a capacity of not less than four kilowatt hours; and
    55    (B) is capable of being recharged from an external source of electric-
    56  ity.

        S. 6408--C                         35                         A. 9008--C

     1    2. a.  Until April 1, 2023, the commissioner, in consultation with the
     2  New  York  state energy research development authority, is authorized to
     3  issue rebates until the annual allocation is exhausted to municipalities
     4  toward the cost of any eligible infrastructure  projects  which  support
     5  the development of clean vehicles.
     6    b.  The  department,  in  consultation  with the New York state energy
     7  research and development authority, shall determine the  amount  of  the
     8  rebate  for eligible infrastructure projects, provided that an applicant
     9  for such eligible infrastructure project rebate may  receive  a  maximum
    10  rebate of two hundred fifty thousand dollars per facility.
    11    3.  a. Until April 1, 2023, the commissioner, in consultation with the
    12  New York state energy research and development authority, is  authorized
    13  to  issue  rebates  until  the annual allocation is exhausted to munici-
    14  palities toward the cost of eligible purchases of clean vehicles.
    15    b. The department, in consultation with  the  New  York  state  energy
    16  research  and  development  authority, shall determine the amount of the
    17  rebate taking into consideration the  electric  range  of  the  vehicle,
    18  provided  that  a  rebate of an eligible purchase shall be not less than
    19  seven hundred fifty dollars per vehicle and not more than five  thousand
    20  dollars per vehicle.
    21    4.  The  department,  in  consultation  with the New York state energy
    22  research and development authority, shall promulgate rules to  implement
    23  and administer this title including rules relating to the forms required
    24  to claim a rebate, the required documentation for establishing eligibil-
    25  ity  for  a rebate, procedures and guidelines for claiming a rebate, and
    26  the collection of economic impact data from  applicants  and  any  other
    27  requirements  the  department  and  New  York  state energy research and
    28  development authority deem necessary. The department shall determine and
    29  publish on its website on an ongoing basis the amount of available fund-
    30  ing for rebates remaining in each fiscal year.
    31    5. No later than April first, two thousand eighteen and annually ther-
    32  eafter, the department shall issue a report to the  temporary  president
    33  of  the  senate  and the speaker of the assembly detailing the status of
    34  its program to encourage the deployment of clean vehicles.  Such  report
    35  shall include:
    36    a.  the  amount of funding dedicated by the department for the program
    37  in the preceding year;
    38    b. the  amount  of  eligible  purchases  and  eligible  infrastructure
    39  projects for which a rebate was awarded;
    40    c. the amount and geographic distribution of rebates; and
    41    d. any other information the department deems necessary.
    42  § 54-1523. Climate adaptation and mitigation projects.
    43    1.  The  commissioner is authorized to provide on a competitive basis,
    44  within amounts appropriated, state assistance payments to a municipality
    45  toward the cost of any climate adaptation or mitigation  projects.  Such
    46  projects shall include:
    47    a.  the  construction  of natural resiliency measures, conservation or
    48  restoration of riparian areas and tidal marsh migration areas;
    49    b. nature-based solutions such as wetland protections to address phys-
    50  ical climate risk due to sea level  rise,  and/or  storm  surges  and/or
    51  flooding,  based  on  available data predicting the likelihood of future
    52  extreme weather events, including hazard risk analysis data if  applica-
    53  ble;
    54    c.  relocation  or  retrofit of facilities to address physical climate
    55  risk due to sea level rise, and/or storm surges and/or flooding based on

        S. 6408--C                         36                         A. 9008--C
 
     1  available data predicting  the  likelihood  of  future  extreme  weather
     2  events, including hazard risk analysis data if applicable;
     3    d. flood risk reduction;
     4    e. greenhouse gas emission reductions outside the power sector;
     5    f.  enabling  communities  to become certified under the climate smart
     6  communities program, including by developing natural resources  invento-
     7  ries, right sizing of municipal fleets and developing climate adaptation
     8  strategies; and
     9    g.  climate change adaptation planning and supporting studies, includ-
    10  ing but not limited to vulnerability assessment  and  risk  analysis  of
    11  municipal drinking water, wastewater, and transportation infrastructure.
    12    2. To the fullest extent practicable, it is the policy of the state to
    13  promote  an  equitable  regional  distribution of climate adaptation and
    14  mitigation projects, consistent with the purpose of this  title,  taking
    15  into account regional differences in climate change risks, socioeconomic
    16  conditions and ecological resources.
    17    3. No monies shall be expended for land acquisition.
    18    § 6. Paragraph (a) of subdivision 1 of section 33-1201 of the environ-
    19  mental conservation law, as added by chapter 279 of the laws of 1996, is
    20  amended to read as follows:
    21    a.  The  department  shall  develop a pesticide sales and use computer
    22  data base [in conjunction with Cornell University].  The data base shall
    23  be maintained at the department.
    24    § 7. Paragraph b of subdivision 1 of section 918 of the executive law,
    25  as added by chapter 840 of the laws of  1981,  is  amended  to  read  as
    26  follows:
    27    b.    To any local government or local government agency for research,
    28  design, and other activities  which  serve  to  facilitate  construction
    29  projects  provided for in an approved waterfront revitalization program;
    30  provided, however, that such projects shall take into account the future
    31  physical climate risk due to sea level rise, and/or storm surges  and/or
    32  flooding,  based  on  available data predicting the likelihood of future
    33  extreme weather events including hazard risk analysis data if applicable
    34  and provided, further, that such grants or payments shall not exceed ten
    35  percent of the estimated cost of such construction project.
    36    § 8. Until January 1, 2018 or such time  as  regulations  are  adopted
    37  pursuant  to  section  54-1521  of  the  environmental conservation law,
    38  whichever is sooner, the department of  environmental  conservation,  in
    39  consultation  with  the  New  York state energy research and development
    40  authority, is authorized to issue rebates  pursuant  to  a  request  for
    41  proposal which shall specify rules relating to the forms, procedures and
    42  guidelines  for  claiming a rebate for the purchase of eligible vehicles
    43  and eligible infrastructure projects.   Until January 1,  2018  or  such
    44  time as regulations are adopted pursuant to section 54-1511 of the envi-
    45  ronmental conservation law, whichever is sooner, the department of envi-
    46  ronmental  conservation  is  authorized  to  provide state assistance to
    47  municipalities pursuant to one or more request for proposal which  shall
    48  include  criteria for determining scoring of projects, eligible expendi-
    49  tures and procedures governing the commitment and disbursement of  funds
    50  pursuant  to  section 54-1523 of the environmental conservation law. The
    51  department shall make all information  required  to  be  included  in  a
    52  request for proposal pursuant to this section publicly available.
    53    § 9. Paragraph (h) of subdivision 1 of section 56-0303 of the environ-
    54  mental conservation law, as added by chapter 413 of the laws of 1996, is
    55  amended to read as follows:

        S. 6408--C                         37                         A. 9008--C
 
     1    (h)  For  state  assistance  payments  for  the  cost of water quality
     2  improvement projects intended for any waters of the state  for  projects
     3  to  support  a study of groundwater quality in Long Island or open space
     4  land conservation projects which have been (a) approved by  the  commis-
     5  sioner,  (b) identified in plans in accordance with section 1455b of the
     6  federal [costal] coastal zone management act or article forty-two of the
     7  executive law and approved by the secretary of state, or  (c)  developed
     8  in  accordance  with title eleven-b of article two of the soil and water
     9  conservation districts law and approved by  the  state  soil  and  water
    10  conservation committee and commissioner of agriculture and markets.
    11    §  10. This act shall take effect immediately, provided, however, that
    12  section six of this act shall take effect on April 1, 2018.
 
    13                                   PART V
 
    14                            Intentionally Omitted

    15                                   PART W
 
    16    Section 1. Subdivision 2 of section 16-w of section 1 of  chapter  174
    17  of  the  laws of 1968, constituting the New York state urban development
    18  corporation act, as amended by section 1 of part FF of chapter 58 of the
    19  laws of 2015, is amended to read as follows:
    20    2. The corporation shall consult with the  department  of  agriculture
    21  and  markets  in order to establish such criteria governing the award of
    22  grants as authorized herein, as the corporation and such department deem
    23  necessary. Such criteria shall include, but not be limited to[:
    24    (a)], farmers who have  not  produced  an  "agricultural  product"  as
    25  defined  by  section  three  hundred twenty-eight of the agriculture and
    26  markets law, for more than ten consecutive years,  and  who  will  mate-
    27  rially  and  substantially  participate in the production of an agricul-
    28  tural product within a region of the state.
    29    [(b) farms of one hundred fifty acres or less.]
    30    § 2. This act shall take effect immediately.
 
    31                                   PART X
 
    32    Section 1. Subdivisions 3, 5 and 7 of section 19-0323 of the  environ-
    33  mental  conservation  law,  subdivisions 3 and 5 as amended by section 1
    34  and subdivision 7 as amended by section 2 of part II of  chapter  58  of
    35  the laws of 2015, are amended to read as follows:
    36    3. Any diesel powered heavy duty vehicle that is owned by, operated by
    37  or  on  behalf  of,  or  leased by a state agency and state and regional
    38  public authority with more than half of its governing body appointed  by
    39  the  governor  shall  utilize the best available retrofit technology for
    40  reducing the emission of pollutants. The commissioner  shall  promulgate
    41  regulations  for  the implementation of this subdivision specifying that
    42  all vehicles covered by  this  subdivision  shall  have  best  available
    43  retrofit technology on or before December 31, [2016] 2017.
    44    This  subdivision shall not apply to any vehicle subject to a lease or
    45  public works contract entered into or renewed  prior  to  the  effective
    46  date of this section.
    47    5.  In addition to any waiver which may be issued pursuant to subdivi-
    48  sion four of this section, the department shall  issue  a  waiver  to  a
    49  state  agency, a state or regional public authority, or a person operat-
    50  ing any diesel-powered heavy duty vehicle on behalf of a  state  agency,

        S. 6408--C                         38                         A. 9008--C

     1  state  or regional public authority, upon a request in a form acceptable
     2  to the department for a waiver from the provisions of subdivision  three
     3  of  this  section for a vehicle engine provided that such vehicle engine
     4  will  cease  to be used in the state on or before December thirty-first,
     5  two thousand [seventeen] eighteen.  Any waiver issued pursuant  to  this
     6  subdivision shall expire when a state agency, a state or regional public
     7  authority,  or  a person operating any diesel-powered heavy duty vehicle
     8  on behalf of a state agency, state or regional public  authority  ceases
     9  to use the engine in the state but not later than December thirty-first,
    10  two thousand [seventeen] eighteen.
    11    7. On or before January 1, 2008 and every year thereafter, the commis-
    12  sioner  shall report to the governor and legislature on the use of ultra
    13  low sulfur diesel fuel. On or before January 1, [2017]  2018  and  every
    14  year  thereafter,  the  commissioner  shall include in the report to the
    15  governor and legislature the use of the best available retrofit technol-
    16  ogy as required under this section. The information  contained  in  this
    17  report  shall  include, but not be limited to, for each state agency and
    18  public authority covered by this section: (a) the total number of diesel
    19  fuel-powered motor vehicles owned or operated by such agency and author-
    20  ity; (b) the number of such motor vehicles that were  powered  by  ultra
    21  low  sulfur  diesel  fuel;  (c)  the total number of diesel fuel-powered
    22  motor vehicles owned or operated by such agency and authority  having  a
    23  gross vehicle weight rating of more than 8,500 pounds; (d) the number of
    24  such  motor vehicles that utilized the best available retrofit technolo-
    25  gy, including a breakdown by motor vehicle model, engine  year  and  the
    26  type  of  technology used for each vehicle; (e) the number of such motor
    27  vehicles that are equipped with an engine certified  to  the  applicable
    28  2007 United States environmental protection agency standard for particu-
    29  late matter as set forth in section 86.007-11 of title 40 of the code of
    30  federal  regulations  or  to  any subsequent United States environmental
    31  protection agency standard for particulate matter that is  at  least  as
    32  stringent; and (f) all waivers, findings, and renewals of such findings,
    33  which,  for each waiver, shall include, but not be limited to, the quan-
    34  tity of diesel fuel needed to power diesel fuel-powered  motor  vehicles
    35  owned  or  operated  by  such agency and authority; specific information
    36  concerning the availability of ultra low sulfur diesel fuel.
    37    § 2. This act shall take effect immediately.
 
    38                                   PART Y
 
    39    Section 1. The opening paragraph of section 2231 of  the  vehicle  and
    40  traffic law is designated subdivision 1 and a new subdivision 2 is added
    41  to read as follows:
    42    2.  Notwithstanding  subdivision one of this section, the commissioner
    43  shall also deposit five dollars of the fees collected pursuant to  para-
    44  graphs  (a), (b) and (c) of subdivision four of section two thousand two
    45  hundred twenty-two of this article, to  the  credit  of  the  snowmobile
    46  trail development and maintenance fund.
    47    § 2. This act shall take effect October 1, 2016.
 
    48                                   PART Z
 
    49    Section  1.  Paragraph  (e)  of  subdivision  1 of section 66-j of the
    50  public service law, as amended by chapter 355 of the laws of  2009,  and
    51  the  opening paragraph as amended by chapter 336 of the laws of 2010, is
    52  amended to read as follows:

        S. 6408--C                         39                         A. 9008--C
 
     1    (e) "Farm waste electric generating equipment"  means  equipment  that
     2  generates   electric  energy  from  biogas  produced  by  the  anaerobic
     3  digestion of agricultural  waste,  such  as  livestock  manure,  farming
     4  wastes and food processing wastes with a rated capacity of not more than
     5  [one] two thousand kilowatts, that is:
     6    (i)  manufactured, installed, and operated in accordance with applica-
     7  ble government and industry standards;
     8    (ii) connected to the electric system and operated in conjunction with
     9  an electric corporation's transmission and distribution facilities;
    10    (iii) operated in  compliance  with  any  standards  and  requirements
    11  established under this section;
    12    (iv)  fueled  at  a  minimum  of  ninety percent on an annual basis by
    13  biogas produced from the anaerobic digestion of agricultural waste  such
    14  as livestock manure materials, crop residues, and food processing waste;
    15  and
    16    (v)  fueled  by  biogas generated by anaerobic digestion with at least
    17  fifty percent by weight of its feedstock being livestock manure  materi-
    18  als on an annual basis.
    19    § 2. This act shall take effect immediately.
 
    20                                   PART AA
 
    21    Section 1. Zero emissions vehicle and electric vehicle rebate program.
    22  1.    Definitions.  For  purposes of this act, the following terms shall
    23  have the following meanings:
    24    a. "Authority" shall mean the  New  York  state  energy  research  and
    25  development authority.
    26    b. "Eligible vehicle" means and includes a new motor vehicle that:
    27    (i) has four wheels;
    28    (ii)  was  manufactured for use primarily on public streets, roads and
    29  highways;
    30    (iii) the powertrain of which has not been modified from the  original
    31  manufacturer's specifications;
    32    (iv)  is  rated  at  not  more than eight thousand five hundred pounds
    33  gross vehicle weight;
    34    (v) has a maximum speed capability of at least  fifty-five  miles  per
    35  hour; and
    36    (vi) is propelled at least in part by an electric motor and associated
    37  power  electronics which provide acceleration torque to the drive wheels
    38  sometime during normal vehicle operation,  and  that  draws  electricity
    39  from a hydrogen fuel cell or from a battery that:
    40    (A) has a capacity of not less than four kilowatt hours; and
    41    (B) is capable of being recharged from an external source of electric-
    42  ity.
    43    2.  No  later  than one year after the effective date of this act, the
    44  authority shall develop a program to encourage the  deployment  of  zero
    45  emissions vehicles and electric vehicles.
    46    3.  The program created pursuant to this act shall include rebates for
    47  eligible purchases, provided that a  rebate  for  an  eligible  purchase
    48  shall not exceed two thousand dollars.
    49    4.  Within  one  year of the effective date of this act, the authority
    50  shall implement and administer this act including rules relating to  the
    51  forms  required to claim a rebate, the required documentation for estab-
    52  lishing eligibility for a rebate, procedures and guidelines for claiming
    53  a rebate, and the collection of economic impact data from applicants and
    54  any other requirements the authority deems necessary.

        S. 6408--C                         40                         A. 9008--C
 
     1    The authority shall determine and publish on its website on an ongoing
     2  basis the amount of available funding  for  rebates  remaining  in  each
     3  fiscal year.
     4    5.  No later than April 1, 2018 and annually thereafter, the authority
     5  shall issue a report to the  temporary  president  of  the  senate,  the
     6  speaker of the assembly, the chair of the senate committee on energy and
     7  telecommunications  and  the  chair  of the assembly committee on energy
     8  detailing the status of its program to encourage the deployment of  zero
     9  emissions vehicles and electric vehicles. Such report shall include:
    10    a. the amount of funding dedicated by the authority for the program in
    11  the preceding year;
    12    b. the amount of eligible purchases for which a rebate was awarded;
    13    c. the amount and geographic distribution of rebates; and
    14    d. any other information the authority deems necessary.
    15    § 2. This act shall take effect immediately.
 
    16                                   PART BB
 
    17    Section  1.  Sections  1 and 2 of subpart H of part C of chapter 20 of
    18  the laws of 2015, appropriating money for certain municipal corporations
    19  and school districts are REPEALED and two new sections 1 and 2 are added
    20  to read as follows:
    21    Section 1. Contingent  upon  available  funding,  and  not  to  exceed
    22  $30,000,000,  moneys  from  the  urban  development corporation shall be
    23  available for a local government entity, which for the purposes of  this
    24  section  shall  mean  a  county, city, town, village, school district or
    25  special district, where (i) on or  after  June  25,  2015,  an  electric
    26  generating  facility  located  within  such  local government entity has
    27  ceased operations, and (ii) the closing of such facility  has  caused  a
    28  reduction  in  the  real property tax collections or payments in lieu of
    29  taxes of at least twenty percent owed by such electric generating facil-
    30  ity. Such moneys attributable to the cessation of operations,  shall  be
    31  paid  annually on a first come, first served basis by the urban develop-
    32  ment corporation to such local government  entity  within  a  reasonable
    33  time  upon  confirmation  from  the  state  office  of real property tax
    34  services or  the  local  industrial  development  authority  established
    35  pursuant  to  titles  eleven  and fifteen of article eight of the public
    36  authorities law, or the local industrial development agency  established
    37  pursuant  to  article  eighteen-A of the general municipal law that such
    38  cessation  has  resulted  in  a  reduction  in  the  real  property  tax
    39  collections  or  payments  in lieu of taxes, provided, however, that the
    40  urban development corporation shall not provide assistance to such local
    41  government entity for more than five years, and shall not award  in  the
    42  first  year  more than eighty percent of the loss of revenues due to the
    43  cessation of operations. A local government entity shall be eligible for
    44  only one payment of funds hereunder per year.  A local government entity
    45  may seek assistance under the  electric  generation  facility  cessation
    46  mitigation  fund once a generator has submitted its notice to the feder-
    47  ally designated electric bulk system operator (BSO) serving the state of
    48  New York of its intent to retire the facility or of its intent to volun-
    49  tarily remove the facility from service subject to any return-to-service
    50  provisions of any tariff, and that the facility also  is  ineligible  to
    51  participate  in  the markets operated by the BSO. The date of submission
    52  of a local government entity's application for assistance  shall  estab-
    53  lish the order in which assistance is paid to program applicants, except
    54  that  in  no event shall assistance be paid to a local government entity

        S. 6408--C                         41                         A. 9008--C
 
     1  until such time that an electric  generating  facility  has  retired  or
     2  become ineligible to participate in the markets operated by the BSO. For
     3  purposes of this section, any local government entity seeking assistance
     4  under  the  electric  generation facility cessation mitigation fund must
     5  submit an attestation to the department of public service that a facili-
     6  ty is no longer producing electricity and is no longer participating  in
     7  markets  operated  by  the  BSO.  After receipt of such attestation, the
     8  department of public service shall confirm  such  information  with  the
     9  BSO.  In  the  case  that  the  BSO confirms to the department of public
    10  service that the facility is no longer producing electricity and partic-
    11  ipating in markets operated by such BSO, it shall  be  deemed  that  the
    12  electric  generating facility located within the local government entity
    13  has ceased operation. The department of  public  service  shall  provide
    14  such confirmation to the urban development corporation upon receipt. The
    15  determination  of  the amount of such annual payment shall be determined
    16  by the president of the  urban  development  corporation  based  on  the
    17  amount  of  the  differential between the annual real property taxes and
    18  payments in lieu of taxes imposed upon the facility, exclusive of inter-
    19  est and penalties, during the last year of operations  and  the  current
    20  real  property  taxes  and  payments  in  lieu of taxes imposed upon the
    21  facility, exclusive of interest and penalties. The total amount  awarded
    22  from this program shall not exceed $30,000,000.
    23    §  2. Notwithstanding any provision of law, rule, or regulation to the
    24  contrary the New York state energy research  and  development  authority
    25  (authority)  is  authorized  and  directed to make a contribution to the
    26  urban development corporation for the purposes of this  act,  an  amount
    27  not  to exceed $30,000,000 for the state fiscal year commencing April 1,
    28  2016 from proceeds collected by the authority from the auction  or  sale
    29  of  carbon  dioxide  emission  allowances allocated by the department of
    30  environmental conservation.
    31    § 2. This act shall take effect immediately  provided,  however,  that
    32  the  amendments to subpart H of part C of chapter 20 of the laws of 2015
    33  made by section one of this act shall not  affect  the  repeal  of  such
    34  subpart and shall be deemed repealed therewith.
    35    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    36  sion,  section  or  part  of  this act shall be adjudged by any court of
    37  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    38  impair,  or  invalidate  the remainder thereof, but shall be confined in
    39  its operation to the clause, sentence, paragraph,  subdivision,  section
    40  or part thereof directly involved in the controversy in which such judg-
    41  ment shall have been rendered. It is hereby declared to be the intent of
    42  the  legislature  that  this  act  would  have been enacted even if such
    43  invalid provisions had not been included herein.
    44    § 3. This act shall take effect immediately  provided,  however,  that
    45  the applicable effective date of Parts A through BB of this act shall be
    46  as specifically set forth in the last section of such Parts.
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