S06357 Summary:

BILL NOS06357D
 
SAME ASSAME AS UNI. A08557-D
 
SPONSORBUDGET
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the transportation, economic development and environmental conservation budget for the 2014-2015 state fiscal year; amends the highway law and chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the consolidated local street and highway improvement program (CHIPS), suburban highway improvement program (SHIPS), multi-modal and Marchiselli programs; repeals certain provisions of chapter 329 of the laws of 1991 relating thereto (Part A); amends part U1 of chapter 62 of the laws of 2003 amending the vehicle and traffic law and other laws relating to increasing certain motor vehicle transaction fees, in relation to the effectiveness thereof; amends chapter 84 of the laws of 2002, amending the state finance law relating to the costs of the department of motor vehicles, in relation to permanently authorizing payment of department of motor vehicle costs from the dedicated highway and bridge trust fund; amends the transportation law, in relation to disposition of revenues; amends the highway law, in relation to disposition of fees charged in connection with outdoor advertising on highways; amends the state finance law, in relation to the dedication of revenues and the costs of rail and truck regulation (Part C); 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 (Part E); amends the environmental conservation law, in relation to pesticide registration time frames and fees; amends chapter 67 of the laws of 1992, amending the environmental conservation law relating to pesticide product registration timetables and fees, in relation to the effectiveness thereof (Part H); authorizes the New York state energy research and development authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations (Part K); 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 L); amends the public authorities law, in relation to a grant program for power transfer switches on gas stations located within one-half mile from a strategic upstate highway (Part M); amends chapter 21 of the laws of 2003, amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to extending the expiration date thereof (Part N); amends the business corporation law and the not-for-profit corporation law, in relation to the transmission of incorporation certificates to county clerks (Part O); amends the executive law, in relation to the national registry fee (Part P); authorizes the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part Q); amends the public service law, in relation to transfers of cable franchises and providing for the repeal of such provisions upon expiration thereof (Part R); amends the public service law, in relation to the temporary state energy and utility service conservation assessment (Part S); amends the insurance law, in relation to the licensing of agents of authorized title insurance corporations; repeals certain provisions of the insurance law relating thereto (Part V); amends chapter 58 of the laws of 2012 amending the public authorities law relating to authorizing the dormitory authority to enter into certain design and construction management agreements, in relation to extending certain authority of the dormitory authority of the state of New York (Part W); 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 X); amends the public health law, in relation to fees in connection with certain health care facility financings; repeals section 2976-a of the public authorities law relating thereto (Part Y); amends the New York state urban development corporation act, in relation to extending certain provisions relating to the empire state economic development fund (Part Z); 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 AA); amends the agriculture and markets law, in relation to voluntary cattle health programs (Part BB); enacts the "Rockland Bergen Flood Mitigation act" and creates the Rockland Bergen Flood Mitigation Task Force; provides for the repeal of such provisions upon expiration thereof (Part CC); amends the environmental conservation law, in relation to retrofit technology for diesel-fueled vehicles (Part DD); directs the department of public service and the New York state energy research and development authority to review existing energy efficiency programs (Part EE); amends the state finance law, in relation to authorizing and directing the comptroller to transfer funds from the general fund for deposit into the public transportation system operating assistance account (Part FF); amends chapter 495 of the laws of 2004 amending the insurance law and the public health law relating to the New York state health insurance continuation assistance demonstration project, in relation to the effectiveness of such provisions (Part GG).
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S06357 Actions:

BILL NOS06357D
 
01/21/2014REFERRED TO FINANCE
02/12/2014AMEND AND RECOMMIT TO FINANCE
02/12/2014PRINT NUMBER 6357A
02/21/2014AMEND (T) AND RECOMMIT TO FINANCE
02/21/2014PRINT NUMBER 6357B
03/14/2014AMEND (T) AND RECOMMIT TO FINANCE
03/14/2014PRINT NUMBER 6357C
03/28/2014AMEND (T) AND RECOMMIT TO FINANCE
03/28/2014PRINT NUMBER 6357D
03/31/2014ORDERED TO THIRD READING CAL.374
03/31/2014PASSED SENATE
03/31/2014DELIVERED TO ASSEMBLY
03/31/2014referred to ways and means
03/31/2014substituted for a8557d
03/31/2014ordered to third reading rules cal.32
03/31/2014passed assembly
03/31/2014returned to senate
03/31/2014DELIVERED TO GOVERNOR
03/31/2014SIGNED CHAP.57
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S06357 Memo:

Memo not available
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S06357 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 6357--D                                            A. 8557--D
 
                SENATE - ASSEMBLY
 
                                    January 21, 2014
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered

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

          with  amendments, ordered reprinted as amended and recommitted to said
          committee
 
        AN ACT to amend the highway law and to amend chapter 329 of the laws  of
          1991,  amending  the  state finance law and other laws relating to the
          establishment of the dedicated  highway  and  bridge  trust  fund,  in
          relation  to  the  consolidated  local  street and highway improvement
          program (CHIPS), suburban highway improvement program (SHIPS),  multi-
          modal  and  Marchiselli  programs; and to repeal certain provisions of
          chapter 329 of the laws of 1991  relating  thereto  (Part  A);  inten-
          tionally  omitted (Part B); to amend part U1 of chapter 62 of the laws
          of 2003 amending the vehicle and traffic law and other  laws  relating
          to  increasing  certain motor vehicle transaction fees, in relation to
          the effectiveness thereof; to amend chapter 84 of the  laws  of  2002,

          amending the state finance law relating to the costs of the department
          of  motor  vehicles, in relation to permanently authorizing payment of
          department of motor vehicle  costs  from  the  dedicated  highway  and
          bridge  trust  fund;  to  amend the transportation law, in relation to
          disposition of revenues; to amend the  highway  law,  in  relation  to
          disposition  of fees charged in connection with outdoor advertising on
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12673-06-4

        S. 6357--D                          2                         A. 8557--D
 
          highways; and to amend the state finance law, in relation to the dedi-

          cation of revenues and the costs of rail and  truck  regulation  (Part
          C);  intentionally  omitted (Part D); 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 tech-
          nology pilot program, in relation to the effectiveness  thereof  (Part
          E); intentionally omitted (Part F); intentionally omitted (Part G); to
          amend  the  environmental  conservation  law, in relation to pesticide
          registration time frames and fees; and to amend chapter 67 of the laws
          of 1992 amending the environmental conservation law relating to pesti-
          cide product registration timetables and  fees,  in  relation  to  the
          effectiveness thereof (Part H); intentionally omitted (Part I); inten-
          tionally  omitted  (Part  J);  to  authorize the New York state energy

          research and  development  authority  to  finance  a  portion  of  its
          research,  development  and  demonstration  and  policy  and  planning
          programs from assessments on gas and electric corporations  (Part  K);
          to  authorize and direct the New York state energy research and devel-
          opment authority to make a payment  to  the  general  fund  of  up  to
          $913,000 (Part L); to amend the public authorities law, in relation to
          a  grant  program  for power transfer switches on gas stations located
          within one-half mile from a strategic upstate  highway  (Part  M);  to
          amend  chapter  21  of  the  laws  of 2003, amending the executive law
          relating to permitting the  secretary  of  state  to  provide  special
          handling  for  all documents filed or issued by the division of corpo-
          rations and to permit additional levels of such expedited service,  in

          relation  to  extending the expiration date thereof (Part N); to amend
          the business corporation law and the not-for-profit  corporation  law,
          in relation to the transmission of incorporation certificates to coun-
          ty  clerks  (Part  O);  to amend the executive law, in relation to the
          national registry fee (Part P); to authorize the department of  health
          to  finance certain activities with revenues generated from an assess-
          ment on cable television companies  (Part  Q);  to  amend  the  public
          service  law, in relation to transfers of cable franchises and provid-
          ing for the repeal of such provisions upon  expiration  thereof  (Part
          R);  to  amend  the  public  service law, in relation to the temporary
          state energy and utility service  conservation  assessment  (Part  S);
          intentionally  omitted  (Part  T);  intentionally omitted (Part U); to

          amend the insurance law, in relation to the  licensing  of  agents  of
          authorized   title  insurance  corporations;  and  to  repeal  certain
          provisions of the insurance law relating thereto (Part  V);  to  amend
          chapter  58  of  the  laws of 2012 amending the public authorities law
          relating to authorizing the dormitory authority to enter into  certain
          design  and construction management agreements, in relation to extend-
          ing certain authority of the dormitory authority of the state  of  New
          York  (Part W); to amend chapter 584 of the laws of 2011, amending the
          public authorities law relating to the powers and duties of the dormi-
          tory authority of the state of New York relative to the  establishment
          of subsidiaries for certain purposes, in relation to the effectiveness
          thereof  (Part X); to amend the public health law, in relation to fees

          in connection with certain health care  facility  financings;  and  to
          repeal  section  2976-a of the public authorities law relating thereto
          (Part Y); to amend the New York state  urban  development  corporation
          act,  in  relation  to  extending  certain  provisions relating to the
          empire state economic development fund (Part Z); 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

        S. 6357--D                          3                         A. 8557--D
 
          development  corporation  to make loans, in relation to the effective-
          ness thereof (Part AA); to amend the agriculture and markets  law,  in
          relation  to  voluntary cattle health programs (Part BB); enacting the

          "Rockland  Bergen  Flood  Mitigation  act"  and  creating the Rockland
          Bergen Flood Mitigation Task Force; and providing for  the  repeal  of
          such  provisions upon expiration thereof (Part CC); to amend the envi-
          ronmental conservation law, in relation  to  retrofit  technology  for
          diesel-fueled  vehicles  (Part DD); to direct the department of public
          service and the New York state energy research and development author-
          ity to review existing energy efficiency programs (Part EE); to  amend
          the  state  finance  law, in relation to authorizing and directing the
          comptroller to transfer funds from the general fund for  deposit  into
          the  public  transportation  system operating assistance account (Part
          FF); and to amend chapter 495 of the laws of 2004 amending the  insur-
          ance  law  and  the  public  health law relating to the New York state

          health insurance continuation  assistance  demonstration  project,  in
          relation to the effectiveness of such provisions (Part GG)
 
          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 2014-2015
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through GG. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-
     7  ing the effective date of the Part, which makes a reference to a section
     8  "of this act", when used in connection with that  particular  component,

     9  shall  be  deemed  to mean and refer to the corresponding section of the
    10  Part in which it is found. Section three of  this  act  sets  forth  the
    11  general effective date of this act.
 
    12                                   PART A
 
    13    Section 1. Subdivision (d) of section 11 of chapter 329 of the laws of
    14  1991  amending  the  state  finance  law  and other laws relating to the
    15  establishment of the dedicated highway and bridge trust fund, as amended
    16  by section 4 of part A of chapter 58 of the laws of 2012, is amended  to
    17  read as follows:
    18    (d) Any such service contract (i) shall provide that the obligation of
    19  the  director  of  the budget or the state to fund or to pay the amounts
    20  therein provided for shall not constitute a debt of the state within the
    21  meaning of any constitutional or statutory provisions in the  event  the

    22  thruway  authority assigns or pledges service contract payments as secu-
    23  rity for its bonds or notes, (ii) shall be deemed executory only to  the
    24  extent moneys are available and shall provide that no liability shall be
    25  incurred  by  the state beyond the moneys available for the purpose, and
    26  that such obligation is subject to annual appropriation by the  legisla-
    27  ture, and (iii) shall provide that no funds shall be made available from
    28  the  proceeds  of  bonds or notes issued pursuant to this chapter unless
    29  the commissioner of transportation has certified to the [chairman of the
    30  thruway authority] director of the budget that such funds shall be  used
    31  exclusively  for  the  purposes  authorized  by  subdivision (a) of this
    32  section, and/or construction, reconstruction  or  improvement  of  local


        S. 6357--D                          4                         A. 8557--D
 
     1  highways,  bridges and/or highway-railroad crossings, including right of
     2  way acquisition, preliminary engineering, and  construction  supervision
     3  and  inspection,  where  the service life of the project is at least ten
     4  years  or  where  the project is:   (1) microsurfacing, (2) paver placed
     5  surface treatment, (3) single course surface  treatment  involving  chip
     6  seals  and oil and stone and (4) double course surface treatment involv-
     7  ing chip seals and oil and stone, and unless [the director of the budget
     8  has certified to the chairman of the thruway authority that] a  spending
     9  plan  has  been  submitted by the commissioner of transportation and has
    10  been approved by the director of the budget.
    11    § 2. Subdivision (g) of section 15 of chapter 329 of the laws of 1991,

    12  as added by section 9 of chapter 330 of the laws of 1991,  is  REPEALED,
    13  and  subdivision  (f)  of section 15 of chapter 329 of the laws of 1991,
    14  amending the state finance law and other laws relating to the establish-
    15  ment of the dedicated highway and bridge trust fund, as added by section
    16  9 of chapter 330 of the laws of 1991, is amended to read as follows:
    17    (f) The commissioner of transportation shall certify to the [New  York
    18  state  thruway  authority]  director  of  the budget and the comptroller
    19  amounts eligible for repayments as specified herein. Such  certification
    20  shall  include  any such information as may be necessary to maintain the
    21  federal tax exempt status of bonds, notes or other obligations issued by
    22  the New York state thruway authority pursuant  to  section  380  of  the
    23  public authorities law.

    24    §  3.  Subdivision 1 of section 80-b of the highway law, as amended by
    25  chapter 161 of the laws of 2008, is amended to read as follows:
    26    1. In connection with the undertaking of any  project  for  which  the
    27  commissioner  is  authorized  to  use  moneys  of the federal government
    28  pursuant to the provisions of subdivision thirty-four-a of  section  ten
    29  and  section eighty of this chapter to assure the effective discharge of
    30  state responsibilities with respect to regional transportation needs, on
    31  highways, roads, streets, bicycle paths or pedestrian paths that are not
    32  on the state highway system, the commissioner shall submit such  project
    33  to  the governing body or bodies of the affected municipality or munici-
    34  palities together with estimates  of  costs  thereof.  If  such  project
    35  includes a municipal project, as that term is defined in accordance with

    36  article  thirteen  of  the  transportation  law, the state share of such
    37  municipal project shall also be included. If  such  project  includes  a
    38  project  affecting  a  highway, road, street, bicycle path or pedestrian
    39  path not on the state highway system, the state share shall be equal  to
    40  eighty  percent of the difference between the total project cost and the
    41  federal assistance, provided, however, the commissioner may increase the
    42  state share to an amount equal to one hundred percent of the  difference
    43  between  the  total  project  cost  and  the federal assistance where he
    44  determines that the need for  the  project  results  substantially  from
    45  actions undertaken pursuant to section ten of this chapter.  [Except for
    46  individual  projects  where  the  non-federal share of a federally aided

    47  municipal project is less than five thousand dollars, no state or  local
    48  shares  of municipal streets and highways projects shall be payable from
    49  the non-fiduciary funds of the capital projects budget  of  the  depart-
    50  ment.] No such project shall proceed without the approval of the govern-
    51  ing  body of a municipality. Such governing body may request the commis-
    52  sioner to undertake the provision of such project. If  the  commissioner
    53  agrees  to  such  undertaking  he  shall notify the local governing body
    54  which shall appropriate sufficient moneys to pay the estimated amount of
    55  the municipal share. Such moneys shall be deposited with the state comp-
    56  troller who is authorized  to  receive  and  accept  the  same  for  the

        S. 6357--D                          5                         A. 8557--D
 

     1  purposes  of  such  project,  subject to the draft or requisition of the
     2  commissioner. When the work of such  project  has  been  completed,  the
     3  commissioner  shall render to the governing body of such municipality an
     4  itemized statement showing in full (a) the amount of money that has been
     5  deposited  by  such municipality with the state comptroller as hereinbe-
     6  fore provided, and (b) all disbursements made pursuant to  this  section
     7  for  such project. Any surplus moneys shall be paid to such municipality
     8  on the warrant of the comptroller on vouchers therefor approved  by  the
     9  commissioner. When the work of such project has been completed and it is
    10  determined  by  the commissioner that the amount of the cost to be borne
    11  by the municipality is in excess of the amount deposited by such munici-
    12  pality with the state comptroller, the commissioner  shall  then  notify

    13  the municipality of the deficiency of funds. The municipality shall then
    14  within ninety days of the receipt of such notice, pay such amount to the
    15  state comptroller. For purposes of this section, the term "municipality"
    16  shall  include a city, county, town, village or two or more of the fore-
    17  going acting jointly.
    18    § 4. Subdivision (e) of section 16 of chapter 329 of the laws of 1991,
    19  amending the state finance law and other laws relating to the establish-
    20  ment of a dedicated highway and bridge trust fund, as added by section 9
    21  of chapter 330 of the laws of 1991, is REPEALED.
    22    § 5. Subdivision (e) of section 16-a of chapter 329  of  the  laws  of
    23  1991,  amending  the  state  finance  law and other laws relating to the
    24  establishment of a dedicated highway and bridge trust fund, as added  by
    25  section 9 of chapter 330 of the laws of 1991, is REPEALED.

    26    §  6.  Paragraph  (a)  of subdivision 5 of section 10-f of the highway
    27  law, as added by chapter 725 of the laws of 1993, is amended to read  as
    28  follows:
    29    (a)  Funding  of  municipal projects will be made upon the application
    30  for funding of prior expenditures in a format prescribed by the  commis-
    31  sioner.  [Funding  of qualifying municipal project expenditures shall be
    32  made from the proceeds of  bonds,  notes  or  other  obligations  issued
    33  pursuant to section three hundred eighty of the public authorities law.]
    34  Such funding of state projects may be pursuant to agreements between the
    35  commissioner  and  the  New York state thruway authority and may be from
    36  the proceeds of bonds, notes or other  obligations  issued  pursuant  to
    37  section three hundred eighty-five of the public authorities law.

    38    §  7.  Paragraph  (a)  of subdivision 5 of section 10-g of the highway
    39  law, as added by chapter 725 of the laws of 1993, is amended to read  as
    40  follows:
    41    (a)  Funding  of  municipal projects will be made upon the application
    42  for funding of prior expenditures in a format prescribed by the  commis-
    43  sioner.  [Funding  of qualifying municipal project expenditures shall be
    44  made from the proceeds of  bonds,  notes  or  other  obligations  issued
    45  pursuant to section three hundred eighty of the public authorities law.]
    46  Such funding of state projects may be pursuant to agreements between the
    47  commissioner  and  the  New York state thruway authority and may be from
    48  the proceeds of bonds, notes or other  obligations  issued  pursuant  to
    49  section three hundred eighty-five of the public authorities law.

    50    § 8. This act shall take effect immediately.
 
    51                                   PART B
 
    52                            Intentionally Omitted

        S. 6357--D                          6                         A. 8557--D
 
     1                                   PART C
 
     2    Section  1.    Section 13 of part U1 of chapter 62 of the laws of 2003
     3  amending the vehicle and traffic law and other laws relating to increas-
     4  ing certain motor vehicle transaction fees, as amended by section  2  of
     5  part B of chapter 58 of the laws of 2013, is amended to read as follows:
     6    §  13.  This  act shall take effect immediately; provided however that
     7  sections one through seven of this act, the amendments to subdivision  2
     8  of  section  205  of  the tax law made by section eight of this act, and

     9  section nine of this act shall expire and be deemed repealed  on  [March
    10  31]  April  1,  2015;  provided further, however, that the amendments to
    11  subdivision 3 of section 205 of the tax law made  by  section  eight  of
    12  this act shall expire and be deemed repealed on March 31, 2018; provided
    13  further,  however,  that  the  provisions  of section eleven of this act
    14  shall take effect April 1, 2004 and shall expire and be deemed  repealed
    15  on [March 31] April 1, 2015.
    16    §  2.  Section 2 of part B of chapter 84 of the laws of 2002, amending
    17  the state finance law relating to the costs of the department  of  motor
    18  vehicles, as amended by section 1 of part E of chapter 59 of the laws of
    19  2009, is amended to read as follows:
    20    §  2.  This act shall take effect April 1, 2002; provided, however, if

    21  this act shall become a law after such date it shall take  effect  imme-
    22  diately and shall be deemed to have been in full force and effect on and
    23  after  April  1,  2002;  provided  further, however, that this act shall
    24  expire and be deemed repealed on [March 31] April 1, 2015.
    25    § 3. Subdivision 4 of section 94 of the transportation law, as amended
    26  by section 1 of part D of chapter 101 of the laws of 2001, is amended to
    27  read as follows:
    28    4. All fees charged and collected by the commissioner hereunder  shall
    29  be deposited [to the miscellaneous special revenue fund - transportation
    30  regulation  account for the purposes established in this section] by the
    31  comptroller into the special obligation reserve and payment  account  of

    32  the  dedicated  highway  and  bridge  trust fund established pursuant to
    33  section eighty-nine-b of the state finance law for the  purposes  estab-
    34  lished in this section.
    35    §  4. Subdivision 4 of section 135 of the transportation law, as added
    36  by chapter 166 of the laws of 1991, is amended to read as follows:
    37    4. All revenues collected pursuant to this section shall be  deposited
    38  [to  the  miscellaneous  special  revenue  fund--rail  safety inspection
    39  account] by the comptroller into  the  special  obligation  reserve  and
    40  payment  account  of  the dedicated highway and bridge trust fund estab-
    41  lished pursuant to section eighty-nine-b of the state  finance  law  for
    42  the  purposes established in this section.  Fees will be based on reven-

    43  ues from the preceding calendar year and shall be assessed on or  before
    44  July first and are payable by September first of each year. On or before
    45  January first of each year following assessment of fees pursuant to this
    46  section,  the commissioner shall report to the railroad companies annual
    47  costs associated with this assessment.
    48    § 5. Subdivision 5 of section 144 of the transportation law, as  added
    49  by chapter 635 of the laws of 1983, is amended to read as follows:
    50    5.  For  furnishing  a  certification of any paper, record or official
    51  document, one dollar. No fees shall be charged or collected  for  copies
    52  of  papers,  records or official documents, furnished to public officers
    53  for use in their official capacity, or for the  annual  reports  of  the
    54  commissioner in the ordinary course of distribution, but the commission-

    55  er  may  fix  reasonable charges for copies of papers, records, official

        S. 6357--D                          7                         A. 8557--D
 
     1  documents and other publications furnished or  issued  to  others  under
     2  this  authority.  All  fees  charged  and  collected by the commissioner
     3  [shall belong to the people of the state  and  shall  be  paid  monthly,
     4  accompanied  by  a  detailed statement thereof, into the treasury of the
     5  state to the credit of the general fund] pursuant to this section  shall
     6  be  deposited by the comptroller into the special obligation reserve and
     7  payment account of the dedicated highway and bridge  trust  fund  estab-
     8  lished pursuant to section eighty-nine-b of the state finance law.

     9    §  6. Section 145 of the transportation law is amended by adding a new
    10  subdivision 8 to read as follows:
    11    8. All penalties charged and collected by the commissioner pursuant to
    12  this section shall be deposited by  the  comptroller  into  the  special
    13  obligation  reserve  and  payment  account  of the dedicated highway and
    14  bridge trust fund established pursuant to section  eight-nine-b  of  the
    15  state finance law.
    16    § 7. Section 88 of the highway law is amended by adding a new subdivi-
    17  sion 13 to read as follows:
    18    13.  All  fees  collected by the commissioner pursuant to this section
    19  shall be deposited  by  the  comptroller  into  the  special  obligation
    20  reserve  and  payment  account of the dedicated highway and bridge trust

    21  fund established pursuant to section eighty-nine-b of the state  finance
    22  law.
    23    §  8.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
    24  finance law, as amended by section 2 of part B of chapter 58 of the laws
    25  of 2012, is amended to read as follows:
    26    (a) The special obligation reserve and payment account  shall  consist
    27  (i)  of all moneys required to be deposited in the dedicated highway and
    28  bridge trust fund pursuant to the provisions  of  sections  two  hundred
    29  five,  two  hundred  eighty-nine-e,  three  hundred  one-j, five hundred
    30  fifteen and eleven hundred sixty-seven of  the  tax  law,  section  four
    31  hundred  one  of  the vehicle and traffic law, and section thirty-one of
    32  chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
    33  fees, fines or penalties collected by the commissioner of transportation

    34  pursuant to section fifty-two, section three  hundred  twenty-six,  [and
    35  subdivisions  five,  eight  and  twelve  of] section eighty-eight of the
    36  highway law, subdivision fifteen of section three hundred eighty-five of
    37  the vehicle and traffic law, section two of the chapter of the  laws  of
    38  two  thousand  three  that  amended  this  paragraph, subdivision (d) of
    39  section three hundred four-a,  paragraph  one  of  subdivision  (a)  and
    40  subdivision  (d)  of  section  three  hundred five, subdivision six-a of
    41  section four hundred fifteen and subdivision (g) of  section  twenty-one
    42  hundred  twenty-five  of the vehicle and traffic law, section fifteen of
    43  this chapter, excepting moneys deposited with the state  on  account  of
    44  betterments  performed  pursuant to subdivision twenty-seven or subdivi-

    45  sion thirty-five of section ten of the highway law, and  sections  nine-
    46  ty-four, one hundred thirty-five, one hundred forty-four and one hundred
    47  forty-five  of the transportation law, (iii) any moneys collected by the
    48  department of transportation for services provided  pursuant  to  agree-
    49  ments  entered  into  in  accordance  with  section ninety-nine-r of the
    50  general municipal law, and (iv) any other moneys collected  therefor  or
    51  credited or transferred thereto from any other fund, account or source.
    52    §  9.  Paragraph  (a)  of  subdivision  3 of section 89-b of the state
    53  finance law, as amended by section 3 of part B of chapter 58 of the laws
    54  of 2012, is amended to read as follows:
    55    (a) The special obligation reserve and payment account  shall  consist
    56  (i)  of all moneys required to be deposited in the dedicated highway and

        S. 6357--D                          8                         A. 8557--D
 
     1  bridge trust fund pursuant to the provisions  of  sections  two  hundred
     2  eighty-nine-e,  three  hundred  one-j,  five  hundred fifteen and eleven
     3  hundred sixty-seven of the tax law, section  four  hundred  one  of  the
     4  vehicle  and traffic law, and section thirty-one of chapter fifty-six of
     5  the laws of nineteen hundred  ninety-three,  (ii)  all  fees,  fines  or
     6  penalties  collected  by  the commissioner of transportation pursuant to
     7  section fifty-two, section three hundred twenty-six,  [and  subdivisions
     8  five,  eight  and  twelve  of]  section eighty-eight of the highway law,
     9  subdivision fifteen of section three hundred eighty-five of the  vehicle
    10  and  traffic  law,  section  fifteen  of  this chapter, excepting moneys

    11  deposited with the state on account of betterments performed pursuant to
    12  subdivision twenty-seven or subdivision thirty-five of  section  ten  of
    13  the  highway law, and sections ninety-four, one hundred thirty-five, one
    14  hundred forty-four and one hundred forty-five of the transportation  law
    15  (iii)  any  moneys  collected  by  the  department of transportation for
    16  services provided pursuant to agreements entered into in accordance with
    17  section ninety-nine-r of the general municipal law, and (iv)  any  other
    18  moneys  collected  therefor  or credited or transferred thereto from any
    19  other fund, account or source.
    20    § 10. Paragraph a of subdivision  5  of  section  89-b  of  the  state
    21  finance  law,  as  amended by section 60 of part HH of chapter 57 of the
    22  laws of 2013, is amended to read as follows:

    23    a. Moneys in the  dedicated  highway  and  bridge  trust  fund  shall,
    24  following  appropriation  by  the  legislature, be utilized for:  recon-
    25  struction, replacement, reconditioning, restoration, rehabilitation  and
    26  preservation  of  state, county, town, city and village roads, highways,
    27  parkways, and bridges thereon,  to  restore  such  facilities  to  their
    28  intended   functions;   construction,  reconstruction,  enhancement  and
    29  improvement of state, county, town, city, and village  roads,  highways,
    30  parkways, and bridges thereon, to address current and projected capacity
    31  problems  including  costs  for  traffic mitigation activities; aviation
    32  projects authorized pursuant to section fourteen-j of the transportation
    33  law and for payments to the general debt service fund of  amounts  equal
    34  to  amounts  required  for service contract payments related to aviation

    35  projects as provided and authorized by section three hundred  eighty-six
    36  of the public authorities law; programs to assist small and minority and
    37  women-owned  firms  engaged  in  transportation  construction and recon-
    38  struction projects, including  a  revolving  fund  for  working  capital
    39  loans,  and  a  bonding  guarantee assistance program in accordance with
    40  provisions of this chapter; matching federal grants or apportionments to
    41  the state for highway, parkway and bridge capital projects; the acquisi-
    42  tion of real property and interests therein required or expected  to  be
    43  required in connection with such projects; preventive maintenance activ-
    44  ities  necessary  to  ensure that highways, parkways and bridges meet or
    45  exceed their optimum useful life; expenses of control of snow and ice on
    46  state highways by the department of  transportation  including  but  not

    47  limited  to personal services, nonpersonal services and fringe benefits,
    48  payment of emergency aid for control of snow and ice  in  municipalities
    49  pursuant  to  section fifty-five of the highway law, expenses of control
    50  of snow and ice on state highways by municipalities pursuant to  section
    51  twelve  of  the  highway  law,  and for expenses of arterial maintenance
    52  agreements with cities pursuant to section three hundred  forty-nine  of
    53  the  highway  law;  personal  services, nonpersonal services, and fringe
    54  benefit costs  of  the  department  of  transportation  for  bus  safety
    55  inspection  activities,  rail  safety  inspection  activities, and truck
    56  safety inspection activities; costs of the department of motor vehicles,

        S. 6357--D                          9                         A. 8557--D
 

     1  including but not limited to personal and nonpersonal services; costs of
     2  engineering and administrative services of the department of transporta-
     3  tion, including  but  not  limited  to  fringe  benefits;  the  contract
     4  services  provided  by private firms in accordance with section fourteen
     5  of the transportation law; personal services and  nonpersonal  services,
     6  for  activities including but not limited to the preparation of designs,
     7  plans, specifications and estimates; construction management and  super-
     8  vision  activities;  costs  of appraisals, surveys, testing and environ-
     9  mental  impact  statements  for  transportation  projects;  expenses  in
    10  connection  with  buildings, equipment, materials and facilities used or
    11  useful in connection with the  maintenance,  operation,  and  repair  of
    12  highways,   parkways   and  bridges  thereon;  and  project  costs  for:

    13  construction, reconstruction, improvement, reconditioning and  preserva-
    14  tion  of rail freight facilities and intercity rail passenger facilities
    15  and equipment; construction, reconstruction, improvement, reconditioning
    16  and  preservation  of  state,  municipal  and  privately  owned   ports;
    17  construction,  reconstruction, improvement, reconditioning and preserva-
    18  tion of municipal airports; privately owned airports and aviation  capi-
    19  tal  facilities, excluding airports operated by the state or operated by
    20  a bi-state municipal corporate instrumentality for which federal funding
    21  is not available provided the project is  consistent  with  an  approved
    22  airport  layout  plan;  and  construction,  reconstruction, enhancement,
    23  improvement, replacement,  reconditioning,  restoration,  rehabilitation
    24  and  preservation  of state, county, town, city and village roads, high-

    25  ways, parkways and bridges; and construction,  reconstruction,  improve-
    26  ment,  reconditioning  and  preservation  of  fixed  ferry facilities of
    27  municipal and privately owned ferry lines for  transportation  purposes,
    28  and  the  payment  of debt service required on any bonds, notes or other
    29  obligations and  related  expenses  for  highway,  parkway,  bridge  and
    30  project  costs  for: construction, reconstruction, improvement, recondi-
    31  tioning and preservation of rail freight facilities and  intercity  rail
    32  passenger   facilities   and  equipment;  construction,  reconstruction,
    33  improvement, reconditioning and preservation  of  state,  municipal  and
    34  privately owned ports; construction, reconstruction, improvement, recon-
    35  ditioning  and  preservation  of  municipal  airports;  privately  owned
    36  airports and aviation capital facilities, excluding airports operated by

    37  the state or operated by a bi-state municipal corporate  instrumentality
    38  for  which  federal  funding  is  not  available provided the project is
    39  consistent with an approved airport layout  plan;  construction,  recon-
    40  struction, enhancement, improvement, replacement, reconditioning, resto-
    41  ration, rehabilitation and preservation of state, county, town, city and
    42  village  roads, highways, parkways and bridges; and construction, recon-
    43  struction, improvement, reconditioning and preservation of  fixed  ferry
    44  facilities  of municipal and privately owned ferry lines for transporta-
    45  tion purposes, purposes authorized on or after  the  effective  date  of
    46  this  section.  Beginning with disbursements made on and after the first
    47  day of April, nineteen hundred ninety-three, moneys in such  fund  shall
    48  be  available  to  pay such costs or expenses made pursuant to appropri-

    49  ations or reappropriations made during the state fiscal year which began
    50  on the first of April, nineteen hundred ninety-two. Beginning the  first
    51  day  of  April, nineteen hundred ninety-three, moneys in such fund shall
    52  also be used for transfers to the general  debt  service  fund  and  the
    53  revenue bond tax fund of amounts equal to that respectively required for
    54  service  contract  and  financing  agreement  payments  as  provided and
    55  authorized by section three hundred eighty  of  the  public  authorities
    56  law,  section eleven of chapter three hundred twenty-nine of the laws of

        S. 6357--D                         10                         A. 8557--D
 
     1  nineteen hundred ninety-one, as amended, and sections sixty-eight-c  and
     2  sixty-nine-o of this chapter.
     3    §  11.  Paragraph  a  of  subdivision  5  of section 89-b of the state

     4  finance law, as amended by section 60-a of part HH of chapter 57 of  the
     5  laws of 2013, is amended to read as follows:
     6    a.  Moneys  in  the  dedicated  highway  and  bridge trust fund shall,
     7  following appropriation by the legislature, be  utilized  for:    recon-
     8  struction,  replacement, reconditioning, restoration, rehabilitation and
     9  preservation of state, county, town, city and village  roads,  highways,
    10  parkways,  and  bridges  thereon,  to  restore  such facilities to their
    11  intended  functions;  construction,  reconstruction,   enhancement   and
    12  improvement  of  state, county, town, city, and village roads, highways,
    13  parkways, and bridges thereon, to address current and projected capacity
    14  problems including costs for  traffic  mitigation  activities;  aviation
    15  projects authorized pursuant to section fourteen-j of the transportation

    16  law  and  for payments to the general debt service fund of amounts equal
    17  to amounts required for service contract payments  related  to  aviation
    18  projects  as provided and authorized by section three hundred eighty-six
    19  of the public authorities law; programs to assist small and minority and
    20  women-owned firms engaged  in  transportation  construction  and  recon-
    21  struction  projects,  including  a  revolving  fund  for working capital
    22  loans, and a bonding guarantee assistance  program  in  accordance  with
    23  provisions of this chapter; matching federal grants or apportionments to
    24  the state for highway, parkway and bridge capital projects; the acquisi-
    25  tion  of  real property and interests therein required or expected to be
    26  required in connection with such projects; preventive maintenance activ-
    27  ities necessary to ensure that highways, parkways and  bridges  meet  or

    28  exceed their optimum useful life; expenses of control of snow and ice on
    29  state  highways  by  the  department of transportation including but not
    30  limited to personal services, nonpersonal services and fringe  benefits,
    31  payment  of  emergency aid for control of snow and ice in municipalities
    32  pursuant to section fifty-five of the highway law, expenses  of  control
    33  of  snow and ice on state highways by municipalities pursuant to section
    34  twelve of the highway law, and  for  expenses  of  arterial  maintenance
    35  agreements  with  cities pursuant to section three hundred forty-nine of
    36  the highway law; personal services,  nonpersonal  services,  and  fringe
    37  benefit  costs  of  the  department  of  transportation  for  bus safety
    38  inspection activities, rail  safety  inspection  activities,  and  truck

    39  safety  inspection  activities;  costs of engineering and administrative
    40  services of the department of transportation, including but not  limited
    41  to  fringe  benefits; the contract services provided by private firms in
    42  accordance with section fourteen of  the  transportation  law;  personal
    43  services  and  nonpersonal  services,  for  activities including but not
    44  limited to the preparation of designs, plans, specifications  and  esti-
    45  mates;  construction  management  and  supervision  activities; costs of
    46  appraisals, surveys, testing and  environmental  impact  statements  for
    47  transportation  projects;  expenses in connection with buildings, equip-
    48  ment, materials and facilities used or useful  in  connection  with  the
    49  maintenance,  operation,  and  repair  of highways, parkways and bridges
    50  thereon; and project costs for:  construction, reconstruction,  improve-

    51  ment,  reconditioning  and  preservation  of rail freight facilities and
    52  intercity rail passenger facilities and equipment; construction,  recon-
    53  struction, improvement, reconditioning and preservation of state, munic-
    54  ipal  and  privately owned ports; construction, reconstruction, improve-
    55  ment, reconditioning and preservation of municipal  airports;  privately
    56  owned airports and aviation capital facilities, excluding airports oper-

        S. 6357--D                         11                         A. 8557--D
 
     1  ated  by the state or operated by a bi-state municipal corporate instru-
     2  mentality for which  federal  funding  is  not  available  provided  the
     3  project  is  consistent  with  an  approved  airport  layout  plan;  and
     4  construction,  reconstruction,  enhancement,  improvement,  replacement,

     5  reconditioning, restoration, rehabilitation and preservation  of  state,
     6  county,  town,  city  and village roads, highways, parkways and bridges;
     7  and construction, reconstruction, improvement, reconditioning and  pres-
     8  ervation  of  fixed  ferry  facilities  of municipal and privately owned
     9  ferry lines for transportation purposes, and the payment of debt service
    10  required on any bonds, notes or other obligations and  related  expenses
    11  for highway, parkway, bridge and project costs for: construction, recon-
    12  struction,  improvement, reconditioning and preservation of rail freight
    13  facilities  and  intercity  rail  passenger  facilities  and  equipment;
    14  construction,  reconstruction, improvement, reconditioning and preserva-
    15  tion of state, municipal and privately owned ports; construction, recon-
    16  struction, improvement, reconditioning  and  preservation  of  municipal

    17  airports;  privately  owned  airports  and  aviation capital facilities,
    18  excluding airports operated by the  state  or  operated  by  a  bi-state
    19  municipal  corporate  instrumentality  for  which federal funding is not
    20  available provided the project is consistent with  an  approved  airport
    21  layout  plan;  construction,  reconstruction,  enhancement, improvement,
    22  replacement, reconditioning, restoration, rehabilitation  and  preserva-
    23  tion  of state, county, town, city and village roads, highways, parkways
    24  and bridges; and construction, reconstruction, improvement, recondition-
    25  ing and preservation of fixed ferry facilities of municipal and private-
    26  ly owned ferry lines for transportation purposes, purposes authorized on
    27  or after the effective date of this section.  Beginning  with  disburse-
    28  ments  made  on and after the first day of April, nineteen hundred nine-

    29  ty-three, moneys in such fund shall be available to pay  such  costs  or
    30  expenses made pursuant to appropriations or reappropriations made during
    31  the  state  fiscal  year  which  began  on  the first of April, nineteen
    32  hundred ninety-two. Beginning the first day of April,  nineteen  hundred
    33  ninety-three,  moneys  in  such fund shall also be used for transfers to
    34  the general debt service fund and the revenue bond tax fund  of  amounts
    35  equal  to  that respectively required for service contract and financing
    36  agreement payments as provided and authorized by section  three  hundred
    37  eighty  of  the  public authorities law, section eleven of chapter three
    38  hundred twenty-nine of the  laws  of  nineteen  hundred  ninety-one,  as
    39  amended, and sections sixty-eight-c and sixty-nine-o of this chapter.
    40    §  12.    This  act  shall  take effect immediately, provided that the

    41  amendments to paragraph (a) of subdivision 3  of  section  89-b  of  the
    42  state  finance law made by section eight of this act shall be subject to
    43  the expiration and reversion of such paragraph pursuant to section 13 of
    44  part U1 of chapter 62 of the laws of 2003, as amended,  when  upon  such
    45  date  the  provisions of section nine of this act shall take effect; and
    46  provided further that the amendments to paragraph a of subdivision 5  of
    47  section  89-b  of  the state finance law made by section ten of this act
    48  shall be subject to the  expiration  and  reversion  of  such  paragraph
    49  pursuant  to  section  2 of part B of chapter 84 of the laws of 2002, as
    50  amended, when upon such date the provisions of section  eleven  of  this
    51  act shall take effect.
 
    52                                   PART D
 
    53                            Intentionally Omitted


        S. 6357--D                         12                         A. 8557--D
 
     1                                   PART E
 
     2    Section 1.  Section 5 of chapter 751 of the laws of 2005, amending the
     3  insurance  law and the vehicle and traffic law, relating to establishing
     4  the accident prevention course internet  technology  pilot  program,  is
     5  amended to read as follows:
     6    § 5. This act shall take effect on the one hundred eightieth day after
     7  it shall have become a law and shall expire and be deemed repealed [five
     8  years  after  the date that the accident prevention course internet, and
     9  other technology pilot program is established  and  implemented  by  the
    10  commissioner  of  motor vehicles pursuant to article 12-C of the vehicle
    11  and traffic law, as added by section three of this act]  May  31,  2019;

    12  provided  that  any  rules  and  regulations  necessary to implement the
    13  provisions of this act on its effective date are authorized and directed
    14  to be completed on or before such date[; and provided, further, that the
    15  commissioner of motor vehicles shall notify the legislative bill  draft-
    16  ing  commission  of  the  date  he or she establishes and implements the
    17  accident prevention course internet technology pilot program pursuant to
    18  article 12-C of the vehicle and traffic law, as added by  section  three
    19  of  this act, in order that such commission may maintain an accurate and
    20  timely effective data base of the official text of the laws of the state
    21  of New York in furtherance of effecting the provisions of section 44  of

    22  the legislative law and section 70-b of the public officers law].
    23    § 2. This act shall take effect immediately.
 
    24                                   PART F
 
    25                            Intentionally Omitted
 
    26                                   PART G
 
    27                            Intentionally Omitted
 
    28                                   PART H
 
    29    Section  1.  Section 33-0705 of the environmental conservation law, as
    30  amended by section 2 of part S of chapter 60 of the  laws  of  2011,  is
    31  amended to read as follows:
    32  § 33-0705. Fee for registration.
    33    The applicant for registration shall pay a fee as follows:
    34    a.  On  or  before  July  1, [2014] 2017, six hundred dollars for each
    35  pesticide proposed to be registered, provided  that  the  applicant  has
    36  submitted  to  the  department proof in the form of a federal income tax

    37  return for the previous year showing gross  annual  sales,  for  federal
    38  income  tax  purposes, of three million five hundred thousand dollars or
    39  less;
    40    b. On or before July 1, [2014] 2017, for all others, six hundred twen-
    41  ty dollars for each pesticide proposed to be registered;
    42    c. After July  1,  [2014]  2017,  fifty  dollars  for  each  pesticide
    43  proposed to be registered.
    44    §  2.  Section 9 of chapter 67 of the laws of 1992, amending the envi-
    45  ronmental conservation law relating to  pesticide  product  registration
    46  timetables  and fees, as amended by section 1 of part S of chapter 60 of
    47  the laws of 2011, is amended to read as follows:

        S. 6357--D                         13                         A. 8557--D
 

     1    § 9. This act shall take effect April 1, 1992 provided, however,  that
     2  section  three  of  this  act  shall  take effect July 1, 1993 and shall
     3  expire and be deemed repealed on July 1, [2014] 2017.
     4    §  3.  This  act  shall take effect immediately and shall be deemed to
     5  have been in full force and effect on and after April 1, 2014.
 
     6                                   PART I
 
     7                            Intentionally Omitted
 
     8                                   PART J
 
     9                            Intentionally Omitted
 
    10                                   PART K
 
    11    Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
    12  laws of 2014 to the energy research and development authority, under the
    13  research, development and demonstration program, from the special reven-

    14  ue  funds - other/state operations, miscellaneous special revenue fund -
    15  339, energy research and planning account, and special revenue  funds  -
    16  other/aid to localities, miscellaneous special revenue fund - 339, ener-
    17  gy  research  and planning account shall be subject to the provisions of
    18  this section. Notwithstanding  the  provisions  of  subdivision  4-a  of
    19  section 18-a of the public service law, all moneys committed or expended
    20  shall  be reimbursed by assessment against gas corporations and electric
    21  corporations as defined in section 2 of the public service law, and  the
    22  total  amount  which may be charged to any gas corporation and any elec-
    23  tric corporation shall not exceed one cent per one thousand  cubic  feet
    24  of  gas sold and .010 cent per kilowatt-hour of electricity sold by such
    25  corporations in their intrastate utility  operations  in  calendar  year

    26  2012.  Such  amounts  shall  be  excluded  from  the  general assessment
    27  provisions of subdivision 2 of section 18-a of the public  service  law,
    28  but shall be billed and paid in the manner set forth in such subdivision
    29  and  upon  receipt shall be paid to the state comptroller for deposit in
    30  the state treasury for credit to the miscellaneous special revenue fund.
    31  The director of the budget shall not issue  a  certificate  of  approval
    32  with  respect  to the commitment and expenditure of moneys hereby appro-
    33  priated until the chair of such authority shall have submitted, and  the
    34  director  of  the  budget shall have approved, a comprehensive financial
    35  plan encompassing all moneys available to and  all  anticipated  commit-
    36  ments  and  expenditures by such authority from any source for the oper-
    37  ations of such authority. Copies of the approved comprehensive financial

    38  plan shall be immediately submitted by the director of the budget to the
    39  chairs and secretaries of the legislative fiscal committees.
    40    § 2. This act shall take effect immediately and  shall  be  deemed  to
    41  have been in full force and effect on and after April 1, 2014.
 
    42                                   PART L
 
    43    Section 1. Notwithstanding any law to the contrary, the comptroller is
    44  hereby  authorized  and directed to receive for deposit to the credit of
    45  the general fund the amount of up to $913,000 from the  New  York  state
    46  energy research and development authority.

        S. 6357--D                         14                         A. 8557--D
 
     1    §  2.  This  act  shall take effect immediately and shall be deemed to
     2  have been in full force and effect on and after April 1, 2014.
 
     3                                   PART M
 

     4    Section  1.  Subdivision  20 of section 1854 of the public authorities
     5  law, as added by section 3 of part S of chapter 58 of the laws of  2013,
     6  is amended to read as follows:
     7    20. To administer a program, using funds provided for such purpose, to
     8  provide  a  grant  based  on standards and guidelines established by the
     9  authority for costs as follows:
    10    (a) for each retail outlet that is in operation  before  April  first,
    11  two  thousand  fourteen  and is subject to the requirements of paragraph
    12  (a) of subdivision three of section  one  hundred  ninety-two-h  of  the
    13  agriculture and markets law:
    14    (i)  no  greater  than  ten  thousand dollars required to prewire such
    15  retail outlet with an appropriate transfer switch for using an alternate
    16  generated power source as defined in section one hundred ninety-two-h of
    17  the agriculture and markets law; or

    18    (ii) no greater than thirteen thousand  dollars  required  to  prewire
    19  such  retail  outlet  with  an  appropriate transfer switch for using an
    20  alternate generated power source as defined in section one hundred nine-
    21  ty-two-h of the agriculture and markets  law  and  purchase  such  power
    22  source to be permanently affixed at the site.
    23    (b)  for  each  retail outlet that is in operation before April first,
    24  two thousand fourteen and is subject to the  requirements  of  paragraph
    25  (b)  of  subdivision  three  of  section one hundred ninety-two-h of the
    26  agriculture and markets  law,  no  greater  than  ten  thousand  dollars
    27  required  to:  (i) prewire an existing retail outlet with an appropriate
    28  transfer switch for using an alternate generated power source as defined
    29  in section one hundred ninety-two-h of the agriculture and markets  law;

    30  and/or  (ii) purchase such power source to be permanently affixed at the
    31  site.
    32    (c) to the extent funds are available, for retail outlets that  become
    33  operational  on or after April first, two thousand fourteen, or to which
    34  subdivision two of section one hundred ninety-two-h of  the  agriculture
    35  and  markets  law  becomes  applicable  after the effective date of this
    36  subdivision, which  grants  shall  otherwise  be  subject  to  the  same
    37  amounts,  purposes  and  restrictions  as paragraphs (a) and (b) of this
    38  subdivision.
    39    (d) to the extent funds are available, for retail outlets that  volun-
    40  tarily apply before April first, two thousand fifteen and are located on
    41  a strategic upstate highway as defined in paragraph (e) of this subdivi-
    42  sion  or within one-half mile by road measurement from an exit road on a

    43  strategic upstate highway, in such amounts and for such purposes as  set
    44  forth  in  subparagraphs  (i) and (ii) of paragraph (a) of this subdivi-
    45  sion.
    46    (e) "Strategic upstate highway" means the following:
    47    (i) I-87 beginning at the Rockland-Orange county line thence northerly
    48  passing through or in the vicinity of Albany to  the  intersection  with
    49  I-90, the foregoing route being a portion of the New York state thruway;
    50  thence continuing northerly to the New York-Canada border;
    51    (ii)  I-90 beginning at I-87 in the vicinity of Albany thence westerly
    52  passing through or in the  vicinity  of  Schenectady,  Utica,  Syracuse,
    53  Rochester, and Buffalo; thence continuing southwesterly to the New York-


        S. 6357--D                         15                         A. 8557--D
 
     1  Pennsylvania border, the foregoing route being a portion of the New York
     2  state thruway;
     3    (iii) the Berkshire section of the New York state thruway beginning at
     4  I-87  thence  easterly  to  the intersection with I-90 and continuing on
     5  I-90 to the New York-Massachusetts border;
     6    (iv) I-84 beginning at the New York-New Jersey border thence  easterly
     7  passing  through or in the vicinity of Newburgh, thence continuing east-
     8  erly and southeasterly to the New York-Connecticut border;
     9    (v) I-88 beginning at  I-81  in  the  vicinity  of  Binghamton  thence
    10  northeasterly to I-90 in the vicinity of Schenectady;

    11    (vi) I-86/State Route 17 beginning at I-87 in the vicinity of Woodbury
    12  thence  westerly and northwesterly passing through or in the vicinity of
    13  Binghamton, Elmira, and Jamestown, continuing to the New York-Pennsylva-
    14  nia border;
    15    (vii) I-81 beginning at the New York-Pennsylvania border thence north-
    16  erly passing through or in  the  vicinity  of  Syracuse  and  Watertown,
    17  continuing to the New York-Canada border;
    18    (viii)  I-390  beginning  at  I-86  in  the  vicinity  of Avoca thence
    19  northwesterly and northerly to I-490 in the vicinity of Rochester; and
    20    (ix) I-190 beginning at  I-90  in  the  vicinity  of  Buffalo,  thence
    21  westerly,  northwesterly,  and  northerly  through Buffalo, across Grand

    22  Island, the foregoing route being a portion of the New York state  thru-
    23  way, and thence generally westerly to the United States-Canada border in
    24  the vicinity of Lewiston.
    25    The  authority  may  offer any funds provided for such purpose and not
    26  expended to retail outlets that are not [required  to  comply  with  the
    27  requirements  of  subdivision two of section one hundred ninety-two-h of
    28  the agriculture and markets law] included in paragraphs (a) through  (d)
    29  of  this  subdivision  but  that voluntarily seek to participate in such
    30  program.
    31    § 2. This act shall take effect immediately.
 
    32                                   PART N
 
    33    Section 1. Section 2 of chapter 21 of the laws of 2003,  amending  the

    34  executive  law  relating to permitting the secretary of state to provide
    35  special handling for all documents filed or issued by  the  division  of
    36  corporations  and to permit additional levels of such expedited service,
    37  as amended by section 1 of part P of chapter 58 of the laws of 2013,  is
    38  amended to read as follows:
    39    §  2.  This  act shall take effect immediately, provided however, that
    40  section one of this act shall be deemed to have been in full  force  and
    41  effect  on  and  after  April  1, 2003 and shall expire March 31, [2014]
    42  2015.
    43    § 2. This act shall take effect immediately and  shall  be  deemed  to
    44  have been in full force and effect on and after March 31, 2014.
 
    45                                   PART O
 
    46    Section  1.  Paragraph  (g) of section 104 of the business corporation

    47  law, as amended by chapter 375 of the laws of 1998, is amended  to  read
    48  as follows:
    49    (g)  The  department shall make, certify and transmit electronically a
    50  copy of each such instrument to the clerk of the  county  in  which  the
    51  office  of  the  domestic or foreign corporation is or is to be located.
    52  The county clerk shall file and index such copy.

        S. 6357--D                         16                         A. 8557--D
 
     1    § 2.  Paragraph (g) of section 104 of the  not-for-profit  corporation
     2  law,  as  amended by chapter 375 of the laws of 1998, is amended to read
     3  as follows:
     4    (g)   The department shall make, certify and transmit electronically a
     5  copy of each such instrument to the clerk of the  county  in  which  the
     6  office  of  the  domestic or foreign corporation is or is to be located.

     7  The county clerk shall file and index such copy.
     8    § 3. This act shall take effect immediately.
 
     9                                   PART P
 
    10    Section 1. Subdivision 2 of section 160-f of  the  executive  law,  as
    11  amended  by  chapter  397  of  the  laws  of 1991, is amended to read as
    12  follows:
    13    2. Notwithstanding any other law, the department may transmit an annu-
    14  al registry fee [of not more than twenty-five dollars]  as  set  by  the
    15  federal  appraisal  subcommittee  in  accordance  with  12  U.S.C.  3338
    16  (a)(4)(A)  from  such  individuals  who  perform  or  seek  to   perform
    17  appraisals in federally related transactions and to transmit a roster of
    18  such  individuals to the Appraisal Subcommittee of the Federal Financial
    19  Institutions Examination Council as required by Title XI of  the  Finan-

    20  cial Institutions Reform, Recovery, and Enforcement Act of 1989.
    21    § 2. This act shall take effect immediately.
 
    22                                   PART Q
 
    23    Section  1.  Notwithstanding  any other law, rule or regulation to the
    24  contrary, expenses of the department of health public service  education
    25  program  incurred  pursuant  to appropriations from the cable television
    26  account of the state miscellaneous special revenue funds shall be deemed
    27  expenses of the department of public service.
    28    § 2. This act shall take effect immediately and  shall  be  deemed  to
    29  have been in full force and effect on and after April 1, 2014.
 
    30                                   PART R
 
    31    Section  1. Subdivision 3 of section 222 of the public service law, as
    32  added by chapter 83 of the laws of 1995, is amended to read as follows:

    33    3. (a) The commission shall approve the  application  for  renewal  or
    34  amendment  of  a  franchise  unless  it  finds  that the applicant[, the
    35  proposed transferee] or the cable television system does not conform  to
    36  the  standards established in the regulations promulgated by the commis-
    37  sion pursuant to section two hundred fifteen of  this  article  or  that
    38  approval  would  be  in  violation  of  law,  any regulation or standard
    39  promulgated by the commission or the public interest, provided  however,
    40  that  a  failure  to  conform  to the standards established in the regu-
    41  lations promulgated by the commission shall not preclude approval of any
    42  such application if the commission finds that such approval would  serve
    43  the public interest.

    44    (b) The commission shall not approve the application for a transfer of
    45  a  franchise,  any  transfer of control of a franchise or certificate of
    46  confirmation, or of facilities constituting a significant  part  of  any
    47  cable  television  system  unless  the  applicant  demonstrates that the
    48  proposed transferee and the cable television system conform to the stan-
    49  dards established in  the  regulations  promulgated  by  the  commission
    50  pursuant  to  section two hundred fifteen of this article, that approval

        S. 6357--D                         17                         A. 8557--D
 
     1  would not be be in violation of  law,  or  any  regulation  or  standard
     2  promulgated by the commission, and that the transfer is otherwise in the

     3  public  interest;  provided,  however,  that a failure to conform to the
     4  standards  established  in the regulations promulgated by the commission
     5  shall not preclude approval of any such application  if  the  commission
     6  finds that such approval would serve the public interest.
     7    §  2.  This  act  shall take effect immediately and shall apply to any
     8  application pending before the public service commission  on  such  date
     9  and shall expire and be deemed repealed April 1, 2017.
 
    10                                   PART S
 
    11    Section  1.  Paragraph  (b)  of  subdivision  6 of section 18-a of the
    12  public service law, as amended by section 2 of part A of chapter 173  of
    13  the laws of 2013, is amended to read as follows:
    14    (b)  The  temporary  state  energy  and  utility  service conservation

    15  assessment shall be based upon the following percentum  of  the  utility
    16  entity's  gross operating revenues derived from intrastate utility oper-
    17  ations in the last preceding calendar year, minus the  amount,  if  any,
    18  that  such  utility  entity is assessed pursuant to subdivisions one and
    19  two of this section for the corresponding state fiscal year period:  (1)
    20  two percentum for the state fiscal year beginning April first, two thou-
    21  sand thirteen [and]; (2) 1.63 percentum for the state fiscal year begin-
    22  ning April first, two thousand fourteen; [(2)  one  and  three-quarters]
    23  (3)  1.00 percentum for the state fiscal year beginning April first, two
    24  thousand fifteen; and [(3) one and one-half] (4) .73 percentum  for  the
    25  state  fiscal  year  beginning  April first, two thousand sixteen.  With

    26  respect to the temporary state energy and utility  service  conservation
    27  assessment  to  be paid for the state fiscal year beginning April first,
    28  two thousand seventeen and notwithstanding clause (i) of  paragraph  (d)
    29  of  this  subdivision, on or before March tenth, two thousand seventeen,
    30  utility entities shall make a payment equal to one-half of  the  assess-
    31  ment  paid  by  such  entities  pursuant to this paragraph for the state
    32  fiscal year beginning on April first, two  thousand  sixteen;  provided,
    33  further  that  such  assessment  for  state  fiscal year beginning April
    34  first, two thousand seventeen shall not be  reflected  in  a  customer's
    35  rate  after December thirty-first, two thousand seventeen.  With respect
    36  to the Long Island power authority, the temporary state energy and util-

    37  ity service conservation assessment shall be based  upon  the  following
    38  percentum  of  such  authority's  gross  operating revenues derived from
    39  intrastate utility operations in the last preceding calendar year, minus
    40  the amount, if any, that such authority is assessed pursuant to subdivi-
    41  sions one-a and two of this section for the corresponding  state  fiscal
    42  year period: (1) one percentum for the state fiscal year beginning April
    43  first,  two  thousand  thirteen  [and] ; (2) .84 percentum for the state
    44  fiscal year beginning April first, two thousand  fourteen;  [(2)  three-
    45  quarters  of  one] (3) .50 percentum for the state fiscal year beginning
    46  April first, two thousand fifteen; and [(3) one-half] (4) .34  percentum
    47  for  the  state fiscal year beginning April first, two thousand sixteen;

    48  provided, however, that should the amount assessed by the department for
    49  costs and expenses pursuant to such subdivisions equal  or  exceed  such
    50  authority's  temporary  state  energy  and  utility service conservation
    51  assessment for a particular fiscal year, the amount  to  be  paid  under
    52  this  subdivision  by such authority shall be zero.  With respect to the
    53  temporary state energy and utility service conservation assessment to be
    54  paid for the state fiscal  year  beginning  April  first,  two  thousand

        S. 6357--D                         18                         A. 8557--D
 
     1  seventeen and notwithstanding clause (i) of paragraph (d) of this subdi-
     2  vision,  on  or  before  March  tenth,  two thousand seventeen, the Long
     3  Island power authority shall make a payment equal  to  one-half  of  the

     4  assessment  it  paid for the state fiscal year beginning on April first,
     5  two thousand sixteen; provided, further that such assessment  for  state
     6  fiscal  year  beginning April first, two thousand seventeen shall not be
     7  reflected in a customer's rate after December thirty-first, two thousand
     8  seventeen.  No corporation or person subject to the jurisdiction of  the
     9  commission  only  with  respect to safety, or the power authority of the
    10  state of New York, shall be subject to the temporary  state  energy  and
    11  utility service conservation assessment provided for under this subdivi-
    12  sion.  Utility  entities  whose gross operating revenues from intrastate
    13  utility operations are five hundred thousand  dollars  or  less  in  the
    14  preceding  calendar  year  shall  not  be subject to the temporary state

    15  energy and utility service conservation assessment. The  minimum  tempo-
    16  rary  state  energy  and  utility  service conservation assessment to be
    17  billed to any utility entity whose gross revenues from intrastate utili-
    18  ty operations are in excess of five  hundred  thousand  dollars  in  the
    19  preceding calendar year shall be two hundred dollars.
    20    §  2.  This  act  shall take effect immediately and shall be deemed to
    21  have been in full force and effect on and after April 1, 2014; provided,
    22  however, that the amendments to subdivision 6 of  section  18-a  of  the
    23  public  service law made by section one of this act shall not affect the
    24  repeal of such subdivision and shall be deemed to be repealed therewith.
 
    25                                   PART T
 
    26                            Intentionally Omitted
 
    27                                   PART U
 

    28                            Intentionally Omitted
 
    29                                   PART V
 
    30    Section 1.  The opening paragraph of subsection (k) of section 2101 of
    31  the insurance law, as added by chapter 687  of  the  laws  of  2003,  is
    32  amended to read as follows:
    33    In  this article, "insurance producer" means an insurance agent, title
    34  insurance agent,  insurance  broker,  reinsurance  intermediary,  excess
    35  lines broker, or any other person required to be licensed under the laws
    36  of  this  state to sell, solicit or negotiate insurance. Such term shall
    37  not include:
    38    § 2. Paragraph 4 of subsection (k) of section 2101  of  the  insurance
    39  law  is REPEALED and paragraphs 5, 6, 7, 8, 9, 10, 11, and 12 are renum-
    40  bered paragraphs 4, 5, 6, 7, 8, 9, 10, and 11.
    41    § 3. Section 2101 of the insurance law is  amended  by  adding  a  new

    42  subsection (y) to read as follows:
    43    (y)(1)  In  this chapter, "title insurance agent" means any authorized
    44  or acknowledged agent of a title insurance corporation, and any subagent
    45  or other representative of such an agent, who or which  for  commission,
    46  compensation,  or  any other thing of value, performs the following acts
    47  in conjunction with the issuance of a title insurance policy:
    48    (A) sells, or negotiates the sale of a title insurance policy;

        S. 6357--D                         19                         A. 8557--D
 
     1    (B) evaluates the insurability of title, based upon the performance or
     2  review of a title search; and
     3    (C) performs one or more of the following functions:

     4    (i) collects, remits or disburses title insurance premiums, escrows or
     5  other related funds;
     6    (ii)  prepares, amends, marks up or delivers a title insurance commit-
     7  ment or certificate of title for the purpose of the issuance of a  title
     8  insurance policy by a title insurance corporation;
     9    (iii)  prepares, amends or delivers a title insurance policy on behalf
    10  of a title insurance corporation; or
    11    (iv) negotiates the clearance of title exceptions, in connection  with
    12  the issuance of a title insurance policy.
    13    (2)  Such  term  shall  not  include  any  regular salaried officer or
    14  employee of an authorized title insurance corporation or of  a  licensed
    15  title  insurance  agent,  who  does  not  receive  a commission or other

    16  compensation for services, which commission  or  other  compensation  is
    17  directly dependent upon the amount of title insurance business done.
    18    §  4. Subsection (a) of section 2109 of the insurance law, paragraph 3
    19  as amended by chapter 687 of the laws of 2003, is  amended  to  read  as
    20  follows:
    21    (a)  The  superintendent  may  issue  a  temporary  insurance  agent's
    22  license, title insurance agent's license or insurance broker's  license,
    23  or  both  an  insurance  agent's and insurance broker's license, without
    24  requiring the applicant to pass a written examination or to satisfy  the
    25  requirements  of subsection (c) of section two thousand one hundred four
    26  of this article except as to age, in the case of a license issued pursu-
    27  ant to paragraph two [hereof]  of  this  subsection,  in  the  following

    28  cases:
    29    (1)  in the case of the death of a person who at the time of his death
    30  was a licensed accident and health insurance agent under subsection  (a)
    31  of  section  two  thousand one hundred three of this article, a licensed
    32  insurance agent or licensed title insurance agent under  subsection  (b)
    33  of such section or a licensed insurance broker:
    34    (A)  to  the  executor or administrator of the estate of such deceased
    35  agent or broker;
    36    (B) to a surviving next of kin of such deceased agent or broker, where
    37  no administrator of his estate has been appointed and  no  executor  has
    38  qualified under his duly probated will;
    39    (C) to the surviving member or members of a firm or association, which
    40  at  the  time  of  the  death  of a member was such a licensed insurance
    41  agent, licensed title insurance agent or licensed insurance broker; or

    42    (D) to an officer or director of a corporation upon the death  of  the
    43  only  officer  or director who was qualified as a sub-licensee or to the
    44  executor or administrator of the estate  of  such  deceased  officer  or
    45  director;
    46    (2)  to any person who may be designated by a person licensed pursuant
    47  to this chapter as an insurance  agent,  title  insurance  agent  or  an
    48  insurance  broker,  or both an insurance agent and insurance broker, and
    49  who is absent because of service in any branch of the  armed  forces  of
    50  the  United  States, including a partnership or corporation [which] that
    51  is licensed pursuant to this chapter as an insurance agent, title insur-
    52  ance agent or as an insurance broker, or both  an  insurance  agent  and

    53  insurance broker, in a case where the sub-licensee or all sub-licensees,
    54  if  more than one, named in the license or licenses issued to such part-
    55  nership or corporation is or are absent because of service in any branch
    56  of the armed forces of the United States; and

        S. 6357--D                         20                         A. 8557--D
 
     1    (3) to the next of kin of a person who has become totally disabled and
     2  prevented from pursuing any of the duties of his or her occupation,  and
     3  who at the commencement of his or her disability was a licensed accident
     4  and  health insurance agent under subsection (a) of section two thousand
     5  one  hundred  three  of  this  article, a licensed insurance agent under
     6  subsection (b) of such section, a licensed title insurance  agent  or  a
     7  licensed insurance broker.

     8    § 5. Subsection (c) of section 2109 of the insurance law is amended to
     9  read as follows:
    10    (c)  Such  license  or  licenses shall authorize the person or persons
    11  named therein to renew the business of the deceased, absent or  disabled
    12  insurance  agent, title insurance agent, or insurance broker, or both an
    13  insurance agent and insurance broker, as the case may be, or of the firm
    14  or, in the case of a license issued pursuant to paragraph one  or  three
    15  of  subsection (a) [hereof] of this section, the association whose busi-
    16  ness is being continued thereunder, each such agent[,] or broker[,  firm
    17  or  association]  being  referred to in this section as "original licen-
    18  see", expiring during the period in  which  such  temporary  license  or

    19  licenses  are  in  force,  to  collect  premiums  due and payable to the
    20  original licensee or, in the case of a license issued pursuant to  para-
    21  graph  one  of  subsection  (a)  [hereof] of this section, to his or her
    22  estate, and to perform such other acts as an insurance  agent,  a  title
    23  insurance  agent or [as] an insurance broker, or both an insurance agent
    24  or insurance broker, as the case  may  be,  as  are  incidental  to  the
    25  continuance of the insurance business of such original licensee.
    26    §  6.  Section  2109  of  the insurance law is amended by adding a new
    27  subsection (h) to read as follows:
    28    (h) (1) In the case of a person seeking a temporary license to act  as
    29  a  title insurance agent pursuant to subsection (a) of this section, the

    30  superintendent may issue a license for a term not to exceed one  hundred
    31  eighty days to such person provided the person:
    32    (A)  demonstrates  to  the  satisfaction  of the superintendent that a
    33  title insurance corporation is willing to appoint him or her;
    34    (B) submits to the next available title insurance  agent  examination;
    35  and
    36    (C)  demonstrates to the satisfaction of the superintendent that he or
    37  she is qualified, competent, experienced and trustworthy  to  act  as  a
    38  title insurance agent.
    39    (2)  Any person issued a license pursuant to this subsection shall, by
    40  virtue of such license, be authorized to solicit, negotiate or sell  new
    41  policies of title insurance.

    42    §  7.  Subsections  (a), (c), and (d) of section 2112 of the insurance
    43  law, subsection (a) as amended by chapter  540  of  the  laws  of  1996,
    44  subsection  (c)  as  amended  by  chapter  647  of  the laws of 1992 and
    45  subsection (d) as amended by chapter  687  of  the  laws  of  2003,  are
    46  amended to read as follows:
    47    (a)  Every  insurer,  fraternal  benefit society or health maintenance
    48  organization doing business in this state shall file  a  certificate  of
    49  appointment in such form as the superintendent may prescribe in order to
    50  appoint  insurance  agents  or,  in the case of a title insurance corpo-
    51  ration, title insurance agents, to  represent  such  insurer,  fraternal
    52  benefit society or health maintenance organization.
    53    (c)  Certificates of appointment shall be valid until [(i)] (1) termi-

    54  nated by the appointing insurer or title insurance agent after a  termi-
    55  nation  in accordance with the provisions of the agency contract; [(ii)]

        S. 6357--D                         21                         A. 8557--D
 
     1  (2) the license is  suspended  or  revoked  by  the  superintendent;  or
     2  [(iii)] (3) the license expires and is not renewed.
     3    (d)  Every  insurer,  fraternal  benefit society or health maintenance
     4  organization or insurance producer or the authorized  representative  of
     5  the  insurer, fraternal benefit society, health maintenance organization
     6  or insurance producer doing business in this state  shall,  upon  termi-
     7  nation  of the certificate of appointment as set forth in subsection (a)
     8  of this section  of  any  insurance  agent,  or  title  insurance  agent

     9  licensed  in this state, or upon termination for cause for activities as
    10  set forth in subsection (a) of section two thousand one hundred  ten  of
    11  this  article,  of  the  certificate of appointment, of employment, of a
    12  contract or other insurance business  relationship  with  any  insurance
    13  producer,  file  with the superintendent within thirty days a statement,
    14  in such form as the superintendent may prescribe, of the facts  relative
    15  to  such  termination for cause. The insurer, fraternal benefit society,
    16  health maintenance organization, insurance producer  or  the  authorized
    17  representative of the insurer, fraternal benefit society, health mainte-
    18  nance  organization  or insurance producer shall provide, within fifteen
    19  days after notification has been sent to the superintendent, a  copy  of
    20  the statement filed with the superintendent to the insurance producer at

    21  his,  or her or its last known address by certified mail, return receipt
    22  requested, postage prepaid or by overnight delivery using  a  nationally
    23  recognized  carrier.    Every statement made pursuant to this subsection
    24  shall be deemed a privileged communication.
    25    § 8. The insurance law is amended by adding a new section 2113 to read
    26  as follows:
    27    § 2113. Title insurance agent commissions; disclosure. (a) No  insurer
    28  doing business in this state, and no agent or other representative ther-
    29  eof, shall pay any commission or other compensation to any person, firm,
    30  association or corporation for acting as a title insurance agent in this
    31  state, except to a licensed title insurance agent.
    32    (b)  At  the  time  of  the application, a title insurance agent shall

    33  provide to every applicant for insurance, a written good faith  estimate
    34  of the premium on the policy or policies to be issued and a breakdown of
    35  the  amount  of  all  fees and service costs, including all filing fees,
    36  recording charges, and closing costs, and any other ancillary or discre-
    37  tionary charges to be incurred, and the  amount  of  any  commission  or
    38  other  compensation  to  be  paid  to  such agent by the title insurance
    39  corporation. If no title insurance agent is utilized, the title  insurer
    40  shall  provide  the  disclosures.  If the applicant is represented by an
    41  attorney, the written good faith  estimate  shall  be  provided  to  the
    42  attorney.
    43    (c)  Nothing  in  this chapter shall be deemed to or be construed in a

    44  manner to authorize or permit any activity or practice, with respect  to
    45  the  business  of  title  insurance,  that is prohibited by section four
    46  hundred eighty-four or four hundred ninety-five of the judiciary law, or
    47  otherwise prohibited by law, including the unauthorized practice of law.
    48    (d) Except as provided in subsection (f) of this section, no person or
    49  entity who acts as an agent, representative, attorney,  or  employee  of
    50  the owner, lessee, or mortgagee, or of the prospective owner, lessee, or
    51  mortgagee  of the real property or any interest therein and who or whose
    52  spouse also is a member, employee, or  director  of  a  title  insurance
    53  agent,  owns any interest in a title insurance agent, or is a subsidiary

    54  or affiliate of any title insurance agent, shall refer an applicant  for
    55  insurance  to such agent, and no such title insurance agent shall accept
    56  any such referral of title insurance business, unless  the  referral  is

        S. 6357--D                         22                         A. 8557--D
 
     1  made  in  accordance with section six thousand four hundred nine of this
     2  chapter and such person or entity, at the time  of  making  a  referral,
     3  provides,  at  a minimum, the following written disclosure to the appli-
     4  cant:
     5    (1)  the  nature  of the relationship between the person or entity and
     6  the title insurance agent;
     7    (2) that the applicant is not required to  use  the  services  of  the

     8  title  insurance  agent  or the title insurance corporation to which the
     9  applicant is being referred;
    10    (3) that any money or other thing of value directly or indirectly paid
    11  by the title insurance agent  or  title  insurance  corporation  to  the
    12  person  or  entity is based on the person or entity's financial interest
    13  in the title insurance agent, and is not related to the amount of  title
    14  insurance  business  the  person or entity refers to the title insurance
    15  agent;
    16    (4) that the person or entity is not required  to  refer  a  specified
    17  amount of title insurance business to the title insurance agency;
    18    (5)  the  amount  or value of any compensation or other thing of value

    19  that the person or entity expects to  receive  in  connection  with  the
    20  services to be provided by the title insurance agent or the title insur-
    21  ance corporation to which the party is being referred; and
    22    (6)  any  relevant  disclosures  required  by  the federal real estate
    23  settlement procedures act of 1974, as amended.
    24    (e) For the purposes of this chapter, an attorney or his  or  her  law
    25  firm  may  represent  a  client  in a matter and may also act as a title
    26  insurance agent in such matter subject to applicable law.
    27    (f) Where a licensed attorney represents an applicant in a real estate
    28  transaction and the applicant also retains the  attorney  as  the  title
    29  insurance  agent, the attorney shall not be required to make the written

    30  disclosure required by subsection  (d)  of  this  section  provided  the
    31  attorney  advises  the client that the client is not required to use the
    32  attorney as the title insurance agent.
    33    (g) As used in this  section,  "applicant"  means  the  person,  firm,
    34  limited  liability  company  or corporation for whom the purchase of the
    35  property that is the subject of the title insurance policy  is  financed
    36  or  to  whom  a  mortgage loan is made or who owns the property, or to a
    37  person who is an attorney-in-fact for such person.
    38    (h) The superintendent shall promulgate  regulations  to  enforce  the
    39  disclosure  requirements of subdivision (d) of this section and in doing
    40  so shall consider the relevant standards  of  the  federal  real  estate

    41  settlement procedures act of 1974, as amended.
    42    §  9.  The  section  heading  of section 2119 of the insurance law, as
    43  amended by chapter 499 of the  laws  of  2009,  is  amended  and  a  new
    44  subsection (f) is added to read as follows:
    45    Insurance agents, brokers, consultants, [and] life settlement brokers,
    46  and  title  insurance  agents; written contract for compensation; excess
    47  charges prohibited.
    48    (f) No title insurance agent may  receive  any  compensation  or  fee,
    49  direct  or  indirect,  for  or  on  account  of  services  performed  in
    50  connection with the issuance of a title insurance  policy,  unless  such
    51  compensation  is: (1) for ancillary services not encompassed in the rate
    52  of premium approved by the superintendent; and (2) based upon a  written

    53  memorandum  signed by the party to be charged, and specifying or clearly
    54  defining the amount or extent of such compensation  to  be  charged  for
    55  each  ancillary  service  as  well  as the total amount or extent of the
    56  compensation to be charged. A copy of every  such  memorandum  shall  be

        S. 6357--D                         23                         A. 8557--D
 
     1  retained  by  the  licensee  for  not  less  than three years after such
     2  services have been fully performed. For  purposes  of  this  subsection,
     3  legal  services  performed  by a New York state licensed attorney who is
     4  also  engaged  as a title insurance agent shall not be considered ancil-
     5  lary services.

     6    § 10. The section heading and subsections (a) and (c) of section  2120
     7  of the insurance law are amended to read as follows:
     8    Fiduciary capacity of insurance agents, title insurance agents, insur-
     9  ance  brokers and reinsurance intermediaries. (a) Every insurance agent,
    10  title insurance agent, and [every] insurance broker acting  as  such  in
    11  this  state  shall  be responsible in a fiduciary capacity for all funds
    12  received or collected as insurance agent or insurance broker, and  shall
    13  not,  without  the  express consent of his, her or its principal, mingle
    14  any such funds with his, her or its own funds or with funds held by him,
    15  her or it in any other capacity.
    16    (c) This section shall not require any  such  insurance  agent,  title

    17  insurance  agent,  insurance broker or reinsurance intermediary to main-
    18  tain a separate bank deposit for the funds of each  such  principal,  if
    19  and  as long as the funds so held for each such principal are reasonably
    20  ascertainable from the books of  account  and  records  of  such  agent,
    21  broker or reinsurance intermediary, as the case may be.
    22    §  11.  The  section heading and subsection (a) of section 2122 of the
    23  insurance law are amended to read as follows:
    24    Advertising by insurance [agents and brokers] producers.  (a)  (1)  No
    25  insurance  [agent  or  insurance broker] producer shall make or issue in
    26  this state any advertisement, sign, pamphlet, circular,  card  or  other
    27  public  announcement purporting to make known the financial condition of

    28  any insurer, unless the  same  shall  conform  to  the  requirements  of
    29  section one thousand three hundred thirteen of this chapter.
    30    (2)  No  insurance [agent, insurance broker] producer or other person,
    31  shall, by any advertisement or public announcement in this  state,  call
    32  attention to any unauthorized insurer or insurers.
    33    §  12.  Subsections  (a) and (b) of section 2128 of the insurance law,
    34  subsection (b) as further amended by section 104 of part A of chapter 62
    35  of the laws of 2011, are amended to read as follows:
    36    (a) Notwithstanding the provisions  of  sections  two  thousand  three
    37  hundred  twenty-four  and  four thousand two hundred twenty-four of this
    38  chapter, no [insurance agent, insurance  broker,  insurance  consultant,
    39  excess  line  broker,  reinsurance  intermediary  or insurance adjuster]

    40  licensee subject to this article shall receive any commissions  or  fees
    41  or  shares  thereof in connection with insurance coverages placed for or
    42  insurance services rendered to the state, its agencies and  departments,
    43  public  benefit  corporations,  municipalities  and  other  governmental
    44  subdivisions in this state,  unless  such  [insurance  agent,  insurance
    45  broker,  insurance  consultant, excess line broker, reinsurance interme-
    46  diary or insurance adjuster] licensee actually placed  insurance  cover-
    47  ages on behalf of or rendered insurance services to the state, its agen-
    48  cies  and  departments,  public benefit corporations, municipalities and
    49  other governmental subdivisions in this state.
    50    (b)  The  superintendent  shall,  by  regulation,  require  [insurance

    51  agents,  insurance  brokers, insurance consultants, excess line brokers,
    52  reinsurance intermediaries and insurance adjusters] licensees subject to
    53  this article to file disclosure statements with the department of finan-
    54  cial services and the most senior  official  of  the  governmental  unit
    55  involved,  with  respect to any insurance coverages placed for or insur-
    56  ance services rendered to  the  state,  its  agencies  and  departments,

        S. 6357--D                         24                         A. 8557--D
 
     1  public  benefit  corporations,  municipalities  and  other  governmental
     2  subdivisions in this state, except that neither a title insurance corpo-
     3  ration nor a title insurance agent shall be required to file  a  disclo-

     4  sure  statement  if  an industrial development agency, state of New York
     5  mortgage agency or its successor, or any similar type of entity, is  the
     6  named  insured  under  the policy and is a mortgagee with respect to the
     7  property insured.
     8    § 13. Subsections (a) and (b) of section 2132 of the insurance law, as
     9  amended by chapter 499 of the laws of  2009,  are  amended  to  read  as
    10  follows:
    11    (a)  This  section  shall  apply  to resident and non-resident persons
    12  licensed pursuant to this article with respect to:
    13    (1) life insurance, annuity contracts, variable annuity contracts  and
    14  variable life insurance;
    15    (2) sickness, accident and health insurance;
    16    (3) all lines of property and casualty insurance; [and]
    17    (4) life settlements[.]; and

    18    (5) title insurance.
    19    (b) This section shall not apply to:
    20    (1)  those  persons  holding  licenses for which an examination is not
    21  required by the laws of this state;
    22    (2) any limited licensees or any other licensees as the superintendent
    23  may exempt subject  to  any  continuing  education  requirements  deemed
    24  appropriate by the superintendent; [or]
    25    (3)  for  purposes  of  the continuing education requirements for life
    26  settlements, an insurance producer with a life line of authority who  is
    27  acting  as a life settlement broker pursuant to section two thousand one
    28  hundred thirty-seven of this article; or
    29    (4) for purposes of a  title  insurance  agent  license,  an  attorney
    30  licensed  to  practice law in this state, provided that such attorney is

    31  in good standing with the New York state office of court administration.
    32    § 14. The insurance law is amended by adding a  new  section  2139  to
    33  read as follows:
    34    § 2139. Title insurance agents; licensing.  (a) The superintendent may
    35  issue a license to any person, firm, association or corporation that has
    36  complied with the requirements of this chapter, authorizing the licensee
    37  to  act  as  a  title  insurance agent of any authorized title insurance
    38  corporation.
    39    (b) Any such license issued to a firm or association  shall  authorize
    40  only the members thereof, named in such license as sub-licensees, to act
    41  individually  as title insurance agents thereunder, and any such license

    42  issued to a corporation shall authorize only the officers and  directors
    43  thereof,  named in such license as sub-licensees, to act individually as
    44  title insurance agents thereunder. Every sub-licensee  acting  as  title
    45  insurance agent pursuant to such a license shall be authorized so to act
    46  only  in the name of the licensee.  At least one designated sub-licensee
    47  must have a financial or other beneficial interest in the licensee.
    48    (c) Every individual applicant for a license under  this  section  and
    49  every  proposed  licensee shall be eighteen years of age or older at the
    50  time of the issuance of such license.
    51    (d) Before any original title insurance  agent's  license  is  issued,

    52  there  shall  be on file in the office of the superintendent an applica-
    53  tion by the prospective licensee in such form or forms  and  supplements
    54  thereto,  along  with a fee in the amount of forty dollars for each year
    55  or fraction of a year in which the license shall be valid, and  contain-
    56  ing information the superintendent prescribes.

        S. 6357--D                         25                         A. 8557--D
 
     1    (e)  The superintendent shall, in order to determine the competency of
     2  every individual applicant and of every proposed  sub-licensee  for  the
     3  title  insurance  agent  license, require such individual to submit to a
     4  personal written examination and to pass the same to the satisfaction of

     5  the  superintendent.  The  examination  shall  be held at such times and
     6  places as the superintendent shall from time to  time  determine.  Every
     7  individual  applying  to take any written examination shall, at the time
     8  of applying therefor, pay to the superintendent or, at the discretion of
     9  the superintendent, directly to any organization that is under  contract
    10  to provide examination services, an examination fee of an amount that is
    11  the  actual documented administrative cost of conducting said qualifying
    12  examination as certified by the superintendent from  time  to  time.  An
    13  examination  fee  represents  an administrative expense and shall not be
    14  refundable. The superintendent may accept, in lieu of any such  examina-

    15  tion,  the  result  of  any  previous  written examination, given by the
    16  superintendent, which in the superintendent's judgment, is equivalent to
    17  the examination for which it is substituted.
    18    (f) Every individual seeking to qualify  to  obtain  a  license  under
    19  subsection  (b)  of  this  section shall be required to pass the type or
    20  types of examination prescribed by  the  superintendent.  An  individual
    21  shall  not  be deemed qualified to take the examination unless the indi-
    22  vidual has successfully completed a course or courses,  approved  as  to
    23  method  and  content by the superintendent, covering the title insurance
    24  business and requiring not less than twenty hours of classroom  work  or

    25  the  equivalent  in  correspondence  work  or  similar instruction. Such
    26  course or courses shall have been given by an  institution  meeting  the
    27  standards  prescribed by subparagraph (A) of paragraph one of subsection
    28  (c) of section two thousand one hundred four of this article.
    29    (g) No such written examination or pre-licensing  education  shall  be
    30  required of any:
    31    (1)  applicant  who files an application under this section within one
    32  year after the effective date of this subsection and who demonstrates to
    33  the satisfaction of  the  superintendent  that  such  applicant  or  its
    34  prospective   sub-licensee  has,  without  interruption,  regularly  and
    35  continuously performed the functions of a title insurance  agent  for  a

    36  period  of  at least five years immediately preceding the filing of such
    37  application and is competent and trustworthy to act as a title insurance
    38  agent;
    39    (2) applicant who has passed the  written  examination  given  by  the
    40  superintendent for a title insurance agent's license and was licensed as
    41  such, or of an applicant who was licensed as a title insurance agent but
    42  did  not pass such an examination, provided the applicant applies within
    43  two years following the date of termination of the applicant's  license;
    44  or
    45    (3)  applicant seeking to obtain a license as a title insurance agent,
    46  when such applicant is a licensed attorney-at-law in this state provided

    47  that such attorney is in good standing with the New York state office of
    48  court administration.
    49    (h) The superintendent may refuse to issue to  an  applicant  a  title
    50  insurance  agent's  license  if,  in  the superintendent's judgment, the
    51  proposed licensee or any sub-licensee:
    52    (1) is not trustworthy and competent to act as such agent;
    53    (2) has given cause  for  the  revocation  or  suspension  of  such  a
    54  license; or
    55    (3)  has  failed  to  comply with any prerequisite for the issuance of
    56  such license.

        S. 6357--D                         26                         A. 8557--D
 
     1    (i) (1)  Every  license  issued  to  a  business  entity  pursuant  to

     2  subsection  (a)  of  this section shall expire on June thirtieth of odd-
     3  numbered years.
     4    (2) Every license issued to an individual born in an odd-numbered year
     5  shall  expire  on  the  individual's birthday in each odd-numbered year.
     6  Licenses issued to individuals born in even-numbered years shall  expire
     7  on the individual's birthday in each even-numbered year.
     8    (3) Every license may be renewed for the ensuing period of twenty-four
     9  months  upon  the  filing  of  an  application  in  conformity with this
    10  subsection.
    11    (4) The license may be issued for all of such two year terms, or  upon
    12  application made during any such term, for the balance thereof.
    13    (5)  Any  license  shall  be  considered  in  good standing within the

    14  license term unless:
    15    (A) revoked or suspended by the superintendent pursuant to this  arti-
    16  cle; or
    17    (B)  if at the expiration date of the license term, the licensee fails
    18  to file a renewal application, provided the license was in good standing
    19  during the term.
    20    (6) Before the renewal of any title insurance agent's license shall be
    21  issued, the licensee shall have:
    22    (A) filed a completed renewal application in such form or  forms,  and
    23  supplements  thereto, and containing such information as the superinten-
    24  dent may prescribe; and
    25    (B) paid such fees as are prescribed in this section.
    26    (7) If an application for a renewal license shall have been filed with

    27  the superintendent before the  expiration  of  such  license,  then  the
    28  license  sought  to  be  renewed shall continue in full force and effect
    29  either until the issuance by the superintendent of the  renewal  license
    30  applied  for  or  until  five  days  after the superintendent shall have
    31  refused to issue such renewal license and shall  have  given  notice  of
    32  such  refusal to the applicant and to each proposed sub-licensee. Before
    33  refusing to renew any such license, except on the ground of  failure  to
    34  pass  a  written examination, the superintendent shall notify the appli-
    35  cant of the superintendent's intention to  do  so  and  shall  give  the
    36  applicant a hearing.
    37    (8)  The  superintendent  may,  in issuing a renewal license, dispense

    38  with the requirements of a verified application by any individual licen-
    39  see or sub-licensee who, by reason of  being  engaged  in  any  military
    40  service  for  the  United States, is unable to make personal application
    41  for such renewal license, upon the filing of an application on behalf of
    42  such individual, in such form as the superintendent shall prescribe,  by
    43  some  person or persons who in his or her judgment have knowledge of the
    44  facts and who make affidavit  showing  such  military  service  and  the
    45  inability of such title insurance agent to make personal application.
    46    (9)  An  individual  licensee  or sub-licensee who is unable to comply
    47  with license renewal procedures due to other extenuating  circumstances,

    48  such  as  a  long-term  medical disability, may request a waiver of such
    49  procedures, in such form as  the  superintendent  shall  prescribe.  The
    50  licensee  or  sub-licensee  may also request a waiver of any examination
    51  requirement or any other fine or sanction imposed for failure to  comply
    52  with renewal procedures.
    53    (10)  An  application for the renewal of a license shall be filed with
    54  the superintendent not less than  sixty  days  prior  to  the  date  the
    55  license  expires  or  the applicant shall be subject to a further fee of
    56  ten dollars for late filing.

        S. 6357--D                         27                         A. 8557--D
 
     1    (11) No license fee shall be required of any person who  served  as  a

     2  member  of  the  armed  forces of the United States at any time, and who
     3  shall  have  been  discharged  therefrom  under  conditions  other  than
     4  dishonorable,  in  a  current  licensing period for the duration of such
     5  period.
     6    (12)  Except  where  a  corporation, association or firm licensed as a
     7  title insurance agent is applying to add a sub-licensee or the  date  of
     8  the expiration of the license is changed, there shall be no fee required
     9  for the issuance of an amended license.
    10    (13) The superintendent may issue a replacement license for a current-
    11  ly  in-force  license  that  has  been  lost  or  destroyed. Before such
    12  replacement license shall be issued, there  shall  be  on  file  in  the

    13  office  of the superintendent a written application for such replacement
    14  license, affirming under penalty of perjury that  the  original  license
    15  has been lost or destroyed, together with a fee of fifteen dollars.
    16    (j)  The  superintendent  may  refuse  to  issue  a license or renewal
    17  license, as the case may be, to  any  applicant  if  the  superintendent
    18  finds that the applicant has been or will be:
    19    (1)  receiving  any  benefit  or advantage in violation of section six
    20  thousand four hundred nine of this chapter; or
    21    (2) acting in a manner inconsistent with:
    22    (A) regulations by the superintendent which are promulgated in accord-
    23  ance with the relevant provisions of the federal real estate  settlement

    24  procedures act of 1974, as amended; or
    25    (B) section twenty-one hundred thirteen of this article.
    26    (k)  For the purposes of this chapter, any person or entity performing
    27  any activity related to the procurement or issuance of a title insurance
    28  policy, as the result of an authorization or  request  from  a  licensed
    29  title  agent  or  title  insurance  corporation, shall be presumed to be
    30  acting under the authority of such licensed  agent  or  title  insurance
    31  corporation,  for  the purpose of performing such activity so authorized
    32  or requested.
    33    § 15. Section 2314 of the insurance law is amended to read as follows:
    34    § 2314. Charging  of  rates.  No  authorized  insurer  shall,  and  no

    35  licensed insurance agent, no title insurance agent, no employee or other
    36  representative  of  an  authorized  insurer,  and  no licensed insurance
    37  broker shall knowingly, charge or demand a rate  or  receive  a  premium
    38  [which]  that  departs  from  the  rates, rating plans, classifications,
    39  schedules, rules and standards in effect on behalf of  the  insurer,  or
    40  shall  issue or make any policy or contract involving a violation there-
    41  of.
    42    § 16. Subsection (a) of section 107 of the insurance law is amended by
    43  adding a new paragraph 54 to read as follows:
    44    (54) "Title insurance agent" shall be deemed to have the same  meaning
    45  as  paragraph  one of subsection (y) of section two thousand one hundred
    46  one of this chapter.
    47    § 17. Section 6409 of the insurance law, subsection (c)  as  added  by

    48  chapter 955 of the laws of 1984, is amended to read as follows:
    49    §  6409.  Filing  of  policy  forms;  rates;  classification of risks;
    50  commissions and rebates prohibited. (a) No title insurance policy  shall
    51  be  issued  or  delivered in this state, unless [and until a copy of the
    52  form thereof shall have] it has been filed with the superintendent  [for
    53  his  information]  in  accordance  with  article  twenty-three  of  this
    54  chapter.
    55    (b) [Every title insurance corporation shall file with the superinten-
    56  dent its rate manual, if any, its basic schedule of  rates  and  classi-

        S. 6357--D                         28                         A. 8557--D


     1  fication  of  risks,  its  rating  plan and rules in connection with the
     2  writing or issuance of policies of title insurance and shall  thereafter
     3  likewise  file any changes therein. After any such filing no such corpo-
     4  ration  shall,  in  connection  with the writing or issuance of any such
     5  policy, deviate from the rates, classifications of risks and rules  last
     6  filed  by  it,  either  by  making any reduction in rates without having
     7  filed the same as herein provided, or by way of any  discriminations  in
     8  favor  of  or  against  any  insured.  The superintendent shall have the
     9  powers specified in article twenty-three of this chapter  applicable  to
    10  title insurers.] Title insurance rates and rate filings shall be subject

    11  to article twenty-three of this chapter.
    12    (c)  Notwithstanding  any other provision of this article, every title
    13  insurance [company] corporation shall [be  required  to]  offer,  at  or
    14  prior to title closing, an optional policy form [which will insure] that
    15  insures the title of owner-occupied real property used predominantly for
    16  residential  purposes [which] that consists of not more than four dwell-
    17  ing units for an amount equal to the market value of the property at the
    18  time a loss is discovered. Such policy form shall  be  filed  with,  and
    19  approved  by,  the  superintendent  [pursuant  to subsection (a) of this
    20  section] in accordance with article twenty-three of this chapter.  Rates

    21  for  such  coverage  shall be filed and approved pursuant to [subsection
    22  (b) of this section] article twenty-three of this chapter.
    23    (d) No title insurance corporation,  title  insurance  agent,  or  any
    24  other  person acting for or on behalf of [it] the title insurance corpo-
    25  ration or title insurance agent, shall offer or make, directly or  indi-
    26  rectly, any rebate of any portion of the fee, premium or charge made, or
    27  pay or give to any applicant [for insurance], or to any person, firm, or
    28  corporation  acting  as  agent, representative, attorney, or employee of
    29  the owner, lessee, mortgagee or the prospective owner, lessee, or  mort-
    30  gagee [or the prospective owner, lessee, or mortgagee] of the real prop-

    31  erty or any interest therein, either directly or indirectly, any commis-
    32  sion,  any  part  of  its fees or charges, or any other consideration or
    33  valuable thing, as an inducement for, or as compensation for, any  title
    34  insurance  business,  nor  shall  any applicant, or any person, firm, or
    35  corporation acting as agent, representative, attorney,  or  employee  of
    36  the  owner,  lessee,  mortgagee  or of the prospective owner, lessee, or
    37  mortgagee of the real property or anyone having  any  interest  in  real
    38  property  knowingly  receive, directly or indirectly, any such rebate or
    39  other consideration or  valuable  thing.    Any  person  or  entity  who
    40  [accepts  or receives such a commission or rebate] violates this section

    41  shall be subject to a penalty [equal to  the  greater  of  one  thousand
    42  dollars  or five times the amount thereof] of (1) five thousand dollars;
    43  or (2) up to ten times the amount of any compensation or rebate received
    44  or paid in the case of a title insurance corporation or title  insurance
    45  agent;  or (3) up to five times the amount of any compensation or rebate
    46  received or paid; or (4) in the case of an applicant for title insurance
    47  that covers real property used predominantly for  residential  purposes,
    48  and  which  consists  of  not  more than four dwelling units, other than
    49  hotels and motels, an amount not to exceed the  compensation  or  rebate
    50  received  or  paid,  when such applicant knew that it was a violation to

    51  receive such rebate, or other consideration or valuable thing; provided,
    52  however, if such applicant did not know  that  it  was  a  violation  to
    53  receive such rebate, or other consideration or valuable thing, he or she
    54  shall not be assessed a penalty under this subdivision.
    55    (e)  Premium  rates  for  coverage  shall  fully reflect the foregoing
    56  prohibitions of subsection (d) [hereof] of this section.

        S. 6357--D                         29                         A. 8557--D
 
     1    § 18. This act shall take effect on  the  one  hundred  eightieth  day
     2  after  it  shall  have  become  a law, provided, however, that effective
     3  immediately:
     4    (1)  the  addition,  amendment,  or  repeal  of any rule or regulation

     5  necessary for the implementation of this act on its  effective  date  is
     6  authorized  and  directed  to  be  made  and completed on or before such
     7  effective date;
     8    (2) the superintendent of financial services shall promulgate applica-
     9  tion forms for persons, firms, associations, and corporations seeking to
    10  obtain a license as a title insurance agent; and
    11    (3) each person, firm, association, or corporation that has  filed  an
    12  application for a license as a title insurance agent, on or before Janu-
    13  ary  1,  2015  or  within  90 days after the superintendent of financial
    14  services has promulgated application forms pursuant to this act,  which-
    15  ever  date  is  later, may act as such licensee without a license issued
    16  pursuant to section 2139 of the insurance law, as added by section four-
    17  teen of this act, until the superintendent  of  financial  services  has

    18  made  a final determination on the application for such license filed by
    19  such person, firm, association, or corporation.
 
    20                                   PART W
 
    21    Section 1. Section 2 of part BB of chapter 58 of  the  laws  of  2012,
    22  amending the public authorities law relating to authorizing the dormito-
    23  ry  authority  to  enter into certain design and construction management
    24  agreements, as amended by section 1 of part I of chapter 58 of the  laws
    25  of 2013, is amended to read as follows:
    26    §  2.  This  act shall take effect immediately and shall expire and be
    27  deemed repealed April 1, [2014] 2015.
    28    § 2. Within 90 days of the effective date of this act,  the  dormitory
    29  authority  of  the  state  of  New York shall provide a report providing
    30  information regarding any project undertaken pursuant to  a  design  and

    31  construction  management  agreement, as authorized by part BB of chapter
    32  58 of the laws of 2012, between the dormitory authority of the state  of
    33  New  York  and  the  department of environmental conservation and/or the
    34  office of parks, recreation and historic preservation to  the  governor,
    35  the  temporary president of the senate and speaker of the assembly. Such
    36  report shall include but not be limited to a description  of  each  such
    37  project,  the  project  identification  number  of each such project, if
    38  applicable, the projected date of completion, the status of the project,
    39  the total cost or projected cost of each such project, and the location,
    40  including the names of any county, town, village  or  city,  where  each
    41  such project is located or proposed. In addition, such a report shall be
    42  provided to the aforementioned parties by the first day of March of each

    43  year  that  the authority to enter into such agreements pursuant to part
    44  BB of chapter 58 of the laws of 2012 is in effect.
    45    § 3. This act shall take effect immediately and  shall  be  deemed  to
    46  have been in effect on and after April 1, 2014.
 
    47                                   PART X
 
    48    Section  1. Section 2 of chapter 584 of the laws of 2011, amending the
    49  public authorities law relating to the powers and duties of the dormito-
    50  ry authority of the state of New York relative to the  establishment  of
    51  subsidiaries for certain purposes, as amended by section 28 of part D of
    52  chapter 56 of the laws of 2012, is amended to read as follows:

        S. 6357--D                         30                         A. 8557--D
 
     1    §  2.  This  act shall take effect immediately and shall expire and be

     2  deemed repealed on July 1, [2014] 2016; provided however, that the expi-
     3  ration of this act shall not impair  or  otherwise  affect  any  of  the
     4  powers,  duties,  responsibilities,  functions, rights or liabilities of
     5  any  subsidiary  duly  created  pursuant  to  subdivision twenty-five of
     6  section 1678 of the public authorities law prior to such expiration.
     7    § 2. This act shall take effect immediately.
 
     8                                   PART Y
 
     9    Section 1. Section 2976-a of the public authorities law is REPEALED.
    10    § 2. Section 2868 of the public health law, as amended by section 43-a
    11  of part B of chapter 58 of the laws of  2008,  is  amended  to  read  as
    12  follows:
    13    § 2868. Fees and charges. The commissioner may by regulation establish
    14  and charge to any nursing home company, for the period of occupancy date

    15  to mortgage discharge, a fee for inspection, regulation, supervision and
    16  audit  not  to annually exceed two-tenths of one percent of the mortgage
    17  loan to recover the departmental costs in performing these functions  in
    18  relation  to  any  nursing home project financed or refinanced by a loan
    19  made under this article prior to April  first,  two  thousand  fourteen.
    20  Notwithstanding  the  foregoing, no such fee shall be charged or payable
    21  pursuant to this section with respect to a nursing home project financed
    22  or refinanced with bonds issued on or after April  first,  two  thousand
    23  fourteen.
    24    § 3. Section 2881 of the public health law, as amended by section 43-b
    25  of  part  B  of  chapter  58  of the laws of 2008, is amended to read as
    26  follows:

    27    § 2881. Fees and charges. The commissioner may, by regulation,  estab-
    28  lish  and  charge  to  eligible borrowers, for the period from occupancy
    29  date to mortgage discharge, a fee  for  inspection,  regulation,  super-
    30  vision and audit not to annually exceed two-tenths of one percent of the
    31  mortgage  loan  to  recover  the  departmental costs in performing these
    32  functions in relation to any hospital project financed or refinanced  by
    33  a  loan made under this article prior to April first, two thousand four-
    34  teen.  Notwithstanding the foregoing, no such fee shall  be  charged  or
    35  payable  pursuant  to  this  section  with respect to a hospital project
    36  financed or refinanced with bonds issued on or after  April  first,  two
    37  thousand fourteen.
    38    § 4. This act shall take effect immediately.
 

    39                                   PART Z
 
    40    Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
    41  of the laws of 1968 constituting the New York  state  urban  development
    42  corporation  act,  as  amended  by  chapter  81  of the laws of 2013, is
    43  amended to read as follows:
    44    3. The provisions of this section shall  expire,  notwithstanding  any
    45  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
    46  the laws of 1996 or of any other law, on July 1, [2014] 2015.
    47    §  2.  This  act  shall take effect immediately and shall be deemed to
    48  have been in full force and effect on and after July 1, 2014.
 
    49                                   PART AA

        S. 6357--D                         31                         A. 8557--D
 
     1    Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the

     2  New York state urban development corporation act, relating to the powers
     3  of  the  New  York state urban development corporation to make loans, as
     4  amended by section 1 of part H of chapter 58 of the  laws  of  2013,  is
     5  amended to read as follows:
     6    §  2.  This  act shall take effect immediately provided, however, that
     7  section one of this act shall expire on July 1, [2014]  2015,  at  which
     8  time the provisions of subdivision 26 of section 5 of the New York state
     9  urban  development  corporation  act shall be deemed repealed; provided,
    10  however, that neither the expiration nor the repeal of such  subdivision
    11  as provided for herein shall be deemed to affect or impair in any manner
    12  any  loan  made  pursuant  to the authority of such subdivision prior to
    13  such expiration and repeal.

    14    § 2. This act shall take effect immediately and  shall  be  deemed  to
    15  have been in full force and effect on and after April 1, 2014.
 
    16                                   PART BB
 
    17    Section 1. Subdivision 41 of section 16 of the agriculture and markets
    18  law,  as  amended by chapter 361 of the laws of 2003, is amended to read
    19  as follows:
    20    41. (a) Establish and maintain New York state domestic  animal  health
    21  assurance  programs,  voluntary,  on-farm, integrated disease prevention
    22  programs, directed at improving animal health and promoting a  safe  and
    23  wholesome  food supply. Such programs may include but are not limited to
    24  the New York state cattle and horse health assurance programs. To  carry
    25  out  such programs, the department may contract with public, private and
    26  academic entities and shall encourage such entities to seek federal  and

    27  private sources of funds for such programs.
    28    (b)  Any proprietary farm protocol, animal or herd testing information
    29  and/or producer herd  data  maintained  in  confidence  and  voluntarily
    30  provided  by  an  owner  or  operator  of a farm operation as defined in
    31  section three hundred one of this chapter to participate in a  voluntary
    32  cattle  health program established pursuant to this subdivision shall be
    33  exempt from public disclosure. The submission of any such information or
    34  records by the owner or operator of a farm operation does not constitute
    35  a waiver of any applicable privilege  or  protection  under  federal  or
    36  state law.
    37    (c) The exemption described in paragraph (b) of this subdivision shall

    38  not apply to: (1) information collected or created as part of a federal,
    39  state,  or local health agency investigation or official action taken in
    40  connection with a public health risk; and (2) records that do not  iden-
    41  tify  and  cannot  be  used to discern the identity of any participating
    42  farm.
    43    § 2. This act  shall  take  effect  immediately  and  shall  apply  to
    44  requests for disclosures made after the effective date of this act.
 
    45                                   PART CC
 
    46    Section  1.  This act shall be known and may be cited as the "Rockland
    47  Bergen Flood Mitigation act".
    48    § 2. The legislature finds and declares that the states  of  New  York
    49  and  New  Jersey and their respective citizens share a common concern to
    50  protect their personal safety and property  through  the  identification

    51  and  remediation  of  potential  flood hazards along the tributaries and
    52  watersheds of the Hackensack River, Mahwah River, Ramapo  River,  Saddle

        S. 6357--D                         32                         A. 8557--D
 
     1  River, and Sparkill Brook/Creek that cross the interstate border region.
     2  The identification and remediation of potential flood hazards requires a
     3  bi-state   comprehensive   approach.   A  bi-state  comprehensive  flood
     4  prevention  approach  will also help ensure the preservation and mainte-
     5  nance of the environmentally beneficial impacts of the  tributaries  and
     6  watersheds  of  the Hackensack River, Mahwah River, Ramapo River, Saddle
     7  River, and Sparkill Brook/Creek. A bi-state approach will encourage open
     8  space  and  recreational  opportunities  along   the   tributaries   and

     9  watersheds  of  the Hackensack River, Mahwah River, Ramapo River, Saddle
    10  River, and Sparkill Brook/Creek.  The  legislature  further  finds  that
    11  there  has  been  a  long  history  of cooperation among state and local
    12  governmental entities and various private organizations and  individuals
    13  in  the  vicinity  of  the  tributaries and watersheds of the Hackensack
    14  River,  Mahwah  River,  Ramapo  River,  Saddle   River,   and   Sparkill
    15  Brook/Creek.
    16    The  legislature  therefore determines that there is a need to endorse
    17  and formalize that bi-state cooperative effort to identify and remediate
    18  potential flood hazards and to protect the natural,  scenic  and  recre-
    19  ational  opportunities  of the tributaries and watersheds of the Hacken-
    20  sack River, Mahwah River,  Ramapo  River,  Saddle  River,  and  Sparkill
    21  Brook/Creek.  The  legislature further determines that the creation of a

    22  bi-state task force is an appropriate means  to  accomplish  these  very
    23  important goals.
    24    § 3. As used in this act, "Bi-state region" shall mean the tributaries
    25  and  watersheds  of  the  Hackensack  River, Mahwah River, Ramapo River,
    26  Saddle River, and Sparkill Brook/Creek, within the counties of  Rockland
    27  in  New  York  and  Bergen in New Jersey. "Resident voter" shall mean an
    28  individual registered to vote within the county of Rockland in New  York
    29  or the county of Bergen, Essex, or Hudson in New Jersey.
    30    §  4.  a. There is hereby created the Rockland Bergen Flood Mitigation
    31  Task Force, which shall be  comprised  of  twelve  voting  members.  Six
    32  members  shall  be  from New York and shall be appointed as follows: one
    33  each, by the governor, the temporary president of the senate, the speak-
    34  er of the assembly, the minority leader of the senate and  the  minority

    35  leader  of the assembly, of New York, and of the county executive of the
    36  county of Rockland in New York, all of whom shall be resident voters  of
    37  the  county  of Rockland, New York. Six members shall be from New Jersey
    38  and shall be appointed as follows: one each, by the governor, the tempo-
    39  rary president of the senate, the speaker of the assembly, the  minority
    40  leader  of  the  senate, and the minority leader of the assembly, of New
    41  Jersey, and the county executive of the county of Bergen in New  Jersey,
    42  all  of  whom shall be resident voters from either the county of Bergen,
    43  Essex, or Hudson. Additionally, the task force shall include three  non-
    44  voting  members,  as  follows:  the  commissioner  of the New York state
    45  department of environmental conservation or a designee thereof who shall
    46  serve ex-officio; the commissioner of the New Jersey department of envi-

    47  ronmental protection or a designee thereof who shall  serve  ex-officio;
    48  and a representative of United Water Inc. or its successor.
    49    b.  Vacancies  in  the  appointed positions on the task force shall be
    50  filled in the same manner as the original appointments were made.
    51    c. Members of the task  force  shall  serve  voluntarily  and  without
    52  compensation.
    53    d.  Members of the task force shall serve at the pleasure of the rele-
    54  vant appointing authority.
    55    § 5. a. The task force shall organize as soon as  may  be  practicable
    56  after  the appointment of its members, and shall select two co-chairper-

        S. 6357--D                         33                         A. 8557--D
 
     1  sons from its members, one from each state, and a secretary who need not
     2  be a member.
     3    b.  The task force shall meet regularly as it may determine.  Meetings

     4  of the task force shall be at such times and places as the  co-chairper-
     5  sons of the task force deem appropriate, but to the maximum extent prac-
     6  ticable  and  feasible,  shall  be  rotated between the two states on an
     7  alternating basis. Meetings held in New Jersey shall be subject  to  the
     8  provisions  and  requirements  of the "Senator Byron M. Baer Open Public
     9  Meetings Act," P.L. 1975, c. 231 (C.10:4-6 et seq.).  Meetings  held  in
    10  New  York  shall  be  subject to the provisions and requirements of that
    11  state's open meetings law, article 7 of the  public  officers  law.  The
    12  task force shall also meet at the call of either co-chairperson.
    13    c. A majority of the voting membership of the task force shall consti-
    14  tute  a quorum for the transaction of task force business. Action may be
    15  taken and motions and resolutions adopted by the task force at any meet-

    16  ing thereof by the affirmative vote of seven members of the task force.
    17    d. The task force may request assistance, and  the  services  of,  any
    18  municipalities  that are within the bi-state watershed region, as it may
    19  require and as may be made available to it for the purpose  of  carrying
    20  out  its  duties  under  this  act.  Nothing  in  this  section shall be
    21  construed to require assistance from any municipality in New York or New
    22  Jersey.
    23    § 6. The duties of the task force shall be to:
    24    a. assess present  and  projected  development,  land  use,  and  land
    25  management  practices  and  patterns,  and identify actual and potential
    26  flood hazards, around the bi-state region, and determine the effects  of
    27  those  practices  and patterns, threats, and problems upon the property,
    28  public safety, and natural, and recreational resources of  the  bi-state
    29  region;

    30    b.  develop  recommended  regulations,  procedures, policies, planning
    31  strategies, and model  ordinances  and  resolutions  pertaining  to  the
    32  protection,  preservation,  maintenance,  management, and enhancement of
    33  the bi-state region which would  be  implemented  as  appropriate  on  a
    34  voluntary basis by those municipalities within the bi-state region;
    35    c.  coordinate  communication  of  stream  cleanup,  maintenance,  and
    36  protection efforts undertaken, for the benefit of the bi-state region by
    37  municipalities within the bi-state region;
    38    d. coordinate with all municipalities within the bi-state region;
    39    e. recommend appropriate state legislation and  administrative  action
    40  pertaining to the protection, preservation, maintenance, management, and
    41  enhancement of the bi-state region;
    42    f.  advocate for federal, state, or private funding of stream cleanup,

    43  maintenance, protection projects, flood prevention  projects  and  flood
    44  hazard remediation for the bi-state region;
    45    g.  identify  existing  and  projected  flood  hazards in the bi-state
    46  region; and
    47    h. recommend, propose and coordinate a bi-state comprehensive plan  to
    48  remediate existing and projected flood hazards in the bi-state region.
    49    §  7. The task force shall, within 24 months of the date it organizes,
    50  prepare a report on its activities, and submit  it,  together  with  any
    51  recommendations  for  legislation,  administrative  action, or action by
    52  local governments, to the governors and legislatures of  the  states  of
    53  New Jersey and New York.
    54    §  8.  This  act  shall take effect upon the enactment into law by the
    55  state of New Jersey of legislation having substantially  similar  effect

    56  with this act, but if the state of New Jersey shall have already enacted

        S. 6357--D                         34                         A. 8557--D
 
     1  such  legislation,  this  act  shall  take  effect immediately and shall
     2  expire and be deemed repealed on June 30, 2016; provided that the  Rock-
     3  land  Bergen bi-state river task force shall notify the legislative bill
     4  drafting  commission  upon the occurrence of the enactment of the legis-
     5  lation provided for in this act  in  order  that  the  legislative  bill
     6  drafting  commission  may maintain an accurate and timely effective data
     7  base of the official text of the laws of the state of New York in furth-
     8  erance of effecting the provisions of section 44 of the legislative  law
     9  and section 70-b of the public officers law.
 
    10                                   PART DD
 

    11    Section  1.  Subdivisions  3  and 5 of section 19-0323 of the environ-
    12  mental conservation law, as amended by section 1 of part U of chapter 58
    13  of the laws of 2013, are amended to read as follows:
    14    3. Any diesel powered heavy duty vehicle that is owned by, operated by
    15  or on behalf of, or leased by a state  agency  and  state  and  regional
    16  public  authority with more than half of its governing body appointed by
    17  the governor shall utilize the best available  retrofit  technology  for
    18  reducing  the  emission of pollutants. The commissioner shall promulgate
    19  regulations for the implementation of this subdivision  specifying  that
    20  all  vehicles  covered  by  this  subdivision  shall have best available
    21  retrofit technology on or before December 31, [2014] 2015.
    22    This subdivision shall not apply to any vehicle subject to a lease  or

    23  public  works  contract  entered  into or renewed prior to the effective
    24  date of this section.
    25    5. In addition to any waiver which may be issued pursuant to  subdivi-
    26  sion  four  of  this  section,  the department shall issue a waiver to a
    27  state agency, a state or regional public authority, or a person  operat-
    28  ing  any  diesel-powered heavy duty vehicle on behalf of a state agency,
    29  state or regional public authority, upon a request in a form  acceptable
    30  to  the department for a waiver from the provisions of subdivision three
    31  of this section for a vehicle engine provided that such  vehicle  engine
    32  will  cease  to be used in the state on or before December thirty-first,
    33  two thousand [fourteen] sixteen.   Any waiver issued  pursuant  to  this
    34  subdivision shall expire when a state agency, a state or regional public

    35  authority,  or  a person operating any diesel-powered heavy duty vehicle
    36  on behalf of a state agency, state or regional public  authority  ceases
    37  to use the engine in the state but not later than December thirty-first,
    38  two thousand [fourteen] sixteen.
    39    §  2.  Subdivision 7 of section 19-0323 of the environmental conserva-
    40  tion law, as added by chapter 629 of the laws of 2006, and as renumbered
    41  by section 1 of part C of chapter 59 of the laws of 2010, is amended  to
    42  read as follows:
    43    7. On or before January 1, 2008 and every year thereafter, the commis-
    44  sioner  shall report to the governor and legislature on the use of ultra
    45  low sulfur diesel fuel [and the use of the best available retrofit tech-
    46  nology as required under this section]. On or before January 1, 2016 and

    47  every year thereafter, the commissioner shall include in the  report  to
    48  the  governor  and  legislature  the  use of the best available retrofit
    49  technology as required under this section. The information contained  in
    50  this  report shall include, but not be limited to, for each state agency
    51  and public authority covered by this section: (a) the  total  number  of
    52  diesel  fuel-powered motor vehicles owned or operated by such agency and
    53  authority; (b) the number of such motor vehicles that  were  powered  by
    54  ultra  low  sulfur diesel fuel; (c) the total number of diesel fuel-pow-

        S. 6357--D                         35                         A. 8557--D
 
     1  ered motor vehicles owned or  operated  by  such  agency  and  authority
     2  having  a gross vehicle weight rating of more than 8,500 pounds; (d) the

     3  number of such motor vehicles that utilized the best available  retrofit
     4  technology,  including  a  breakdown by motor vehicle model, engine year
     5  and the type of technology used for each vehicle; (e) the number of such
     6  motor vehicles that are equipped with an engine certified to the  appli-
     7  cable  2007  United  States environmental protection agency standard for
     8  particulate matter as set forth in section 86.007-11 of title 40 of  the
     9  code  of federal regulations or to any subsequent United States environ-
    10  mental protection agency standard for  particulate  matter  that  is  at
    11  least  as stringent; and (f) all waivers, findings, and renewals of such
    12  findings, which, for each waiver, shall include, but not be limited  to,
    13  the  quantity  of  diesel fuel needed to power diesel fuel-powered motor
    14  vehicles owned or operated by such agency and authority; specific infor-

    15  mation concerning the availability of ultra low sulfur diesel fuel.
    16    § 3. This act shall take effect immediately.
 
    17                                   PART EE
 
    18    Section 1. Legislative intent. The legislature recognizes the environ-
    19  mental health and energy benefits of increasing the efficiency of  resi-
    20  dential  heating and cooling systems, and converting to cleaner fuel and
    21  more efficient heating and cooling systems that can reduce emissions  of
    22  carbon  and  particulate matter that is two and one-half microns or less
    23  in width (commonly referred to as PM  2.5  emissions).  The  legislature
    24  also  recognizes  the  need  to  use funds from public purpose programs,
    25  including those administered by the New York state energy  research  and
    26  development  authority  and  utilities,  in  order  to provide financial
    27  assistance to building owners seeking to install and improve heating and

    28  cooling retrofits. The legislature  finds  that  no  less  than  fifteen
    29  million  dollars  is required to assist residential building owners with
    30  the installation of cleaner, more efficient heating and cooling technol-
    31  ogies.
    32    § 2. The department of public service and the New  York  state  energy
    33  research  and  development  authority shall review existing energy effi-
    34  ciency programs administered  by  utilities  and/or  such  authority  to
    35  determine  the extent to which funding or financing support is available
    36  to assist installing any improvement to a heating or cooling  system  in
    37  residential and multi-family buildings which will increase efficiency by
    38  at  least  ten  percent over the equipment currently installed or reduce
    39  fuel usage  by  at  least  ten  percent  over  the  equipment  currently
    40  installed,  and  lead  to  a  significant reduction in carbon emissions.

    41  Such improvements shall include, but are not limited to,  the  installa-
    42  tion  of  a  high efficiency boiler or furnace, an improvement to and/or
    43  replacement of a burner in a boiler, and  any  other  improvement  to  a
    44  heating  system.  Such review shall determine whether the existing effi-
    45  ciency programs would provide support for the replacement or improvement
    46  of boilers regulated by the New York city  department  of  environmental
    47  protection.
    48    §  3.  The  department  of  public  service  and New York state energy
    49  research and development authority shall report  the  findings  of  such
    50  review  to  the  governor  and  to the legislature no later than 45 days
    51  after the effective date of this act.
    52    § 4. This act shall take effect immediately.
 
    53                                   PART FF


        S. 6357--D                         36                         A. 8557--D
 
     1    Section 1. Subdivision 5 of section 88-a of the state finance  law  is
     2  amended by adding a new paragraph (c) to read as follows:
     3    (c) Notwithstanding any law to the contrary, the comptroller is hereby
     4  authorized  and  directed  to transfer from the general fund for deposit
     5  into the public transportation system operating assistance account, upon
     6  request of the director of the budget, on or before  March  31  of  each
     7  year, an amount equal to the following:
     8    (i) For the state fiscal year ending March 31, 2015, two million eight
     9  hundred eight thousand ninety-six dollars;
    10    (ii)  In  each  succeeding state fiscal year, the transfer shall equal

    11  the product of the dollar amount in (i)  and  one  plus  the  sales  tax
    12  growth  factor.  For  the  purposes  of this subparagraph, the sales tax
    13  growth factor is the percentage, if any, by which the  aggregate  amount
    14  of sales and compensating use taxes imposed pursuant to the authority of
    15  subpart  B  of  part  I of article twenty-nine of the tax law, excluding
    16  such sales and compensating use taxes collected in the  twelve  counties
    17  that  comprise the metropolitan transportation commuter district created
    18  and established pursuant to section  twelve  hundred  sixty-two  of  the
    19  public  authorities  law, for the twelve month period ending on December
    20  thirty-first of the immediately  preceding  calendar  year  exceeds  the

    21  aggregate amount of such sales and compensating use taxes for the twelve
    22  month  period ending on December thirty-first, two thousand thirteen. In
    23  no year will the amount of the deposit authorized under this section  be
    24  less than the amount made in the prior year.
    25    § 2. This act shall take effect immediately.
 
    26                                   PART GG
 
    27    Section 1.  Section 4 of chapter 495 of the laws of 2004, amending the
    28  insurance  law  and the public health law relating to the New York state
    29  health  insurance  continuation  assistance  demonstration  project,  as
    30  amended  by  section  25 of part C of chapter 59 of the laws of 2011, is
    31  amended to read as follows:
    32    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    33  have  become  a  law;  provided,  however, that this act shall remain in

    34  effect until July 1, [2014] 2015 when upon such date the  provisions  of
    35  this  act shall expire and be deemed repealed; provided, further, that a
    36  displaced worker shall be eligible for continuation assistance  retroac-
    37  tive to July 1, 2004.
    38    § 2. This act shall take effect immediately.
    39    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    40  sion,  section  or  part  of  this act shall be adjudged by any court of
    41  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    42  impair,  or  invalidate  the remainder thereof, but shall be confined in
    43  its operation to the clause, sentence, paragraph,  subdivision,  section
    44  or part thereof directly involved in the controversy in which such judg-
    45  ment shall have been rendered. It is hereby declared to be the intent of

    46  the  legislature  that  this  act  would  have been enacted even if such
    47  invalid provisions had not been included herein.
    48    § 3. This act shall take effect immediately  provided,  however,  that
    49  the applicable effective date of Parts A through GG of this act shall be
    50  as specifically set forth in the last section of such Parts.
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