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A05663 Summary:

BILL NO    A05663 

SAME AS    SAME AS S04056

SPONSOR    Sweeney (MS)

COSPNSR    Titone, Weisenberg, Jaffee, Thiele, Cahill, Jacobs, Englebright,
           Rivera P, Paulin, Lavine, Maisel, Schroeder, Reilly, Galef, Barron,
           Rosenthal, Lifton

MLTSPNSR   Abinanti, Boyland, Brennan, Castelli, Gabryszak, Gottfried, Lupardo,
           McEneny, Pheffer, Scarborough, Schimel

Amd S54-0103, En Con L

Requires that, for certain contracts, the public be made aware that the source
of funding for the contract is the environmental protection fund.
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A05663 Actions:

BILL NO    A05663 

02/24/2011 referred to environmental conservation
03/15/2011 reported 
03/17/2011 advanced to third reading cal.140
03/23/2011 passed assembly
03/23/2011 delivered to senate
03/23/2011 REFERRED TO ENVIRONMENTAL CONSERVATION
06/15/2011 SUBSTITUTED FOR S4056
06/15/2011 3RD READING CAL.964
06/15/2011 PASSED SENATE
06/15/2011 RETURNED TO ASSEMBLY
07/22/2011 delivered to governor
08/03/2011 signed chap.277
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A05663 Votes:

A05663 03/23/2011 127/19
AbbateYCastellYGabryszYJordanNOMcDonouNOPhefferYSimotasY
AbinantYCastroYGalefYKatzNOMcEnenyYPretlowYSmardzY
AmedoreYCerettoYGanttYKavanagYMcKevitYRaYSpanoY
ArroyoYClarkYGibsonYKellnerYMcLaughNORabbittNOStevensY
AubryYColtonYGiglioNOKirwanNOMengYRaiaYSweeneyY
BarclayYConteYGlickYKolbYMill D NORamosYTediscoY
BarronYCookERGoodellYLancmanYMill JMYReilichNOTenneyY
BenedetYCorwinYGottfriYLatimerYMill MGYReillyYThieleY
BingYCrespoYGrafNOLavineYMillmanYRive J YTitoneY
BlankenNOCrouchNOGuntherYLentolYMolinarYRive N YTitusY
BoylandERCurranYHannaYLiftonYMontesaYRive PMYTobaccoY
BoyleYCusickYHawleyNOLinaresYMorelleYRobertsYTownsY
BraunstYCymbrowYHayesYLope PDYMoyaYRobinsoYWeinsteY
BrennanYDenDekkYHeastieYLope VJYMurrayYRodriguYWeisenbY
BronsonYDestitoYHevesiYLosquadYNolanYRosenthYWeprinY
Brook KYDinowitYHikindYLupardoYOaksYRussellYWrightY
BurlingNODupreyNOHooperYMageeYO'DonneYSaladinYZebrowsY
ButlerNOEnglebrYHoytYMagnareYOrtizYSaywardNOMr SpkrY
CahillYFarrellYJacobsYMaiselYPalmesaNOScarborY
CalhounYFinchERJaffeeYMalliotYPaulinYSchimelY
CamaraYFitzpatYJeffrieYMarkeyYPeoplesYSchimmiY
CanestrYFriendNOJohnsYMayersoERPerryYSchroedY

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A05663 Memo:

BILL NUMBER:A5663

TITLE  OF BILL:   An act to amend the environmental conservation law, in
relation to the powers  and  duties  of  commissioner  of  environmental
conservation or secretary of state

Purpose  Or  General  Idea  Of  Bill:    The  purpose of this bill is to
increase awareness of expenditures  from  the  Environmental  Protection
Fund (EPF).

Summary  Of  Specific  Provisions:   This legislation would- require the
inclusion of contract provisions to maximize awareness that the EPF is a
source of funding; however, it would not require the expenditure of  any
additional funds.

Effects  Of  Present  Law  Which This Bill Would Alter:  This bill would
amend Section 54-0103 of the Environmental Conservation Law.

Justification:  Since its inception in 1993, the EPF has  provided  more
than  $1  billion  for environmental projects. These funds support local
programs that protect an area's natural  heritage,  public  health,  and
industries  such  as  tourism and agriculture. The funding has helped to
provide for important environmental projects in  communities  throughout
the State. Despite the many successes achieved by the EPF in areas rang-
ing from open space acquisition, water quality improvements, maintaining
parks,  historic structures and recycling, many people remain unaware of
the impact the EPF has had in their neighborhoods.  This legislation  is
intended  to  increase  awareness of the importance of the EPF and would
require contracts to include provisions to maximize awareness that fund-
ing is from the EPF; however, this legislation  would  not  require  the
expenditure  of  any additional expenditures. There is precedent for the
inclusion of similar contract provisions - the New York State Council on
the Arts contracts require "an acknowledgment of  NYSCA  support  to  be
conspicuously displayed in any communication to the public."

Prior Legislative History: This is a new bill.

Fiscal Implications For State And Local Governments:  None to the State.

Effective Date:  This act shall take effect on April 1, 2012.
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A05663 Text:

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

                                         5663

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 24, 2011
                                      ___________

       Introduced  by  M.  of  A.  SWEENEY, TITONE, WEISENBERG, JAFFEE, THIELE,
         CAHILL,  JACOBS,  ENGLEBRIGHT,  P. RIVERA,  PAULIN,  LAVINE,   MAISEL,
         SCHROEDER, REILLY -- Multi-Sponsored by -- M. of A. ABINANTI, BOYLAND,
         GABRYSZAK,  GOTTFRIED,  McENENY,  PHEFFER -- read once and referred to
         the Committee on Environmental Conservation

       AN ACT to amend the environmental conservation law, in relation  to  the
         powers  and  duties  of  commissioner of environmental conservation or
         secretary of state

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

    1    Section  1.  Section 54-0103 of the environmental conservation law, as
    2  added by chapter 610 of the laws of 1993, the section heading as amended
    3  by chapter 309 of the laws of 1996, is amended to read as follows:
    4  S 54-0103. Powers and duties of the commissioner or secretary.
    5    In administering the provisions of this article the respective commis-
    6  sioner or the secretary:
    7    1.  shall  make  an  itemized  estimate  of  funds  or  appropriations
    8  requested annually for inclusion in the executive budget;
    9    2.  may,  in  the  name  of the state, as further provided within this
   10  article, contract to make,  within  the  limitations  of  appropriations
   11  available  therefor,  state assistance payments to a municipality toward
   12  the cost of a project approved and to be  undertaken  pursuant  to  this
   13  article,  or  to  a  not-for-profit  corporation  toward  the costs of a
   14  project approved and to be undertaken pursuant to titles three and  nine
   15  of  this  article.   SUCH CONTRACTS SHALL INCLUDE PROVISIONS TO MAXIMIZE
   16  AWARENESS FOR THE PUBLIC THAT A SOURCE OF FUNDING FOR  SUCH  PROJECT  IS
   17  THE  NEW YORK STATE ENVIRONMENTAL PROTECTION FUND. SUCH PROVISIONS SHALL
   18  NOT REQUIRE ANY EXPENDITURE OF FUNDS BEYOND THAT WHICH THE  MUNICIPALITY
   19  MAY  DECIDE IF IT COMMUNICATES TO THE PUBLIC REGARDING THE PROJECT. Such
   20  contracts shall be subject to approval by the state comptroller and,  as
   21  to form, by the attorney general;

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06887-01-1
       A. 5663                             2

    1    3.  may,  in  the  name of the state, enter into contracts, within the
    2  limitations of appropriations available  therefor,  with  not-for-profit
    3  corporations,  public  benefit corporations, and private contractors for
    4  services contemplated by this article to  be  funded  hereunder.    SUCH
    5  CONTRACTS  SHALL INCLUDE PROVISIONS TO MAXIMIZE AWARENESS FOR THE PUBLIC
    6  THAT A SOURCE OF FUNDING FOR SUCH SERVICES IS THE NEW YORK  STATE  ENVI-
    7  RONMENTAL PROTECTION FUND. SUCH PROVISIONS SHALL NOT REQUIRE ANY EXPEND-
    8  ITURE OF FUNDS BEYOND THAT WHICH THE NOT-FOR-PROFIT CORPORATIONS, PUBLIC
    9  BENEFIT  CORPORATIONS, AND PRIVATE CONTRACTORS MAY DECIDE IF IT COMMUNI-
   10  CATES TO THE PUBLIC REGARDING  THE  PROJECT.  Such  contracts  shall  be
   11  subject  to  approval  by  the state comptroller and, as to form, by the
   12  attorney general;
   13    4. 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    5. may perform such other and further acts as may be necessary, proper
   17  or desirable to carry out the provisions of this article.
   18    S 2. This act shall take effect April 1, 2012.
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