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S02810 Summary:

S02810 Actions:

S02810 Floor Votes:

S02810 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2810--C                                            A. 4010--C
 
                SENATE - ASSEMBLY
 
                                    February 1, 2011
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when  printed to be committed to the Committee on Finance -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered

          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
          article  seven  of  the  Constitution -- read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN  ACT to authorize funding for the Consolidated Local Street and High-
          way Improvement Program (CHIPS)  and  Marchiselli  program  for  state

          fiscal  year  2011-2012  and to amend chapter 329 of the laws of 1991,
          amending the state finance law and other laws relating to  the  estab-
          lishment of the dedicated highway and bridge trust fund; and providing
          for the repeal of certain provisions upon expiration thereof (Part A);
          to  amend  chapter 279 of the laws of 1998 amending the transportation
          law relating to enabling the commissioner of transportation to  estab-
          lish  a  single  audit  pilot  program,  in  relation  to  making such
          provisions permanent (Part B); to amend chapter 312  of  the  laws  of
          1994,  amending the vehicle and traffic law relating to suspensions of
          licenses pending prosecution of certain alcohol-related  charges,  and
          authorizations  for probationary and conditional drivers' licenses, in
          relation to the effectiveness thereof (Part C); to amend  chapter  533

          of  the  laws  of  1993,  amending the vehicle and traffic law and the
          correction law relating  to  suspension  and  revocation  of  driver's
          licenses upon conviction of certain drug-related offenses, in relation
          to  the  effectiveness  thereof  (Part D); to amend chapter 569 of the
          laws of 1981, amending the vehicle and traffic law relating  to  motor
          vehicle  liability  insurance,  financial  security, criminal acts and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12573-05-1
        S. 2810--C                          2                         A. 4010--C
 
          penalties for non-compliance, in relation to making provisions  perma-

          nent; and to amend chapter 781 of the laws of 1983, amending the vehi-
          cle and traffic law and other laws relating to motor vehicle liability
          insurance, financial security, criminal acts and certain penalties for
          non-compliance,  in  relation to making provisions permanent (Part E);
          Intentionally omitted (Part F); to amend chapter 393 of  the  laws  of
          1994  amending  the  New York state urban development corporation act,
          relating to the powers of the New York state urban development  corpo-
          ration  to  make loans, in relation to the effectiveness thereof (Part
          G); to amend the state finance  law,  in  relation  to  the  excelsior
          linked deposit act (Part H); to amend part U of chapter 57 of the laws
          of  2005  amending the labor law and other laws implementing the state
          fiscal plan for the 2005-2006 state fiscal year, relating to New  York

          state   higher   education  matching  grant  program  for  independent
          colleges, in relation to the effectiveness thereof (Part I); to  amend
          the  public  authorities law, in relation to recovery of state govern-
          mental costs; and to repeal section 2975-a of such law relating there-
          to (Part J); to amend the executive law, in relation to the  community
          services  block grant program; and to amend chapter 728 of the laws of
          1982 and chapter 710 of the laws of 1983, amending the  executive  law
          relating  to  community  services block grant programs, in relation to
          the effectiveness thereof (Part K); to amend chapter 21 of the laws of
          2003, amending the executive law relating to permitting the  secretary
          of state to provide special handling for all documents filed or issued
          by  the  division  of  corporations and to permit additional levels of

          such expedited service, in relation to extending the  expiration  date
          thereof  (Part L); Intentionally omitted (Part M); Intentionally omit-
          ted (Part N); to amend the executive law, the economic development law
          and the state administrative procedure act, in relation to the removal
          of statutory references to the governor's office of regulatory reform;
          and to repeal subdivision 8 of section 202-b of the state  administra-
          tive procedure act, relating thereto (Part O); to authorize and direct
          the New York state energy research and development authority to make a
          payment  to  the general fund of up to $913,000 (Part P); 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  Q);  to  authorize  the  department  of health to
          finance certain activities with revenues generated from an  assessment
          on  cable  television  companies  (Part R); to amend the environmental
          conservation law and chapter 67 of the laws of 1992 amending the envi-
          ronmental conservation law relating to pesticide product  registration
          timetables and fees, in relation to pesticide registration time frames
          and  fees  (Part  S); Intentionally omitted (Part T); to amend the New
          York state urban development corporation act, in relation to the heal-
          thy food/communities initiative; to amend the agriculture and  markets
          law,  in relation to authorizing the establishment of a revolving loan
          fund; and to amend the agriculture and markets  law,  in  relation  to
          state  aid  for farmers' markets (Part U); Intentionally omitted (Part

          V); to amend the state finance law, in relation to disbursements  from
          the  tribal-state  compact  revenue account to certain municipalities;
          and providing for the repeal of certain provisions upon the expiration
          thereof (Part W); Intentionally omitted (Part X); to amend the general
          business law, in relation to increasing  the  term  of  licensure  and
          registration  from  two  to four years (Part Y); Intentionally omitted
          (Part Z); to amend the environmental conservation law, in relation  to
        S. 2810--C                          3                         A. 4010--C
 
          saltwater  recreational  fishing  registrations; and providing for the
          repeal of such provisions upon expiration thereof (Part AA); to  amend
          the  environmental  conservation  law, in relation to the use of ultra

          low  sulfur  diesel  fuel  and  best available technology by the state
          (Part BB); to amend  the  economic  development  law  and  the  public
          authorities  law, in relation to the creation of the recharge New York
          power program; and to amend the economic development law,  the  public
          authorities law, the tax law, chapter 316 of the laws of 1997 amending
          the public authorities law and other laws relating to the provision of
          low  cost  power to foster statewide economic development, and chapter
          645 of the laws of 2006 amending  the  economic  development  law  and
          other  laws relating to reauthorizing the power authority of the state
          of New York to make contributions to the general fund, in relation  to
          extending  the expiration of the power for jobs program and the energy
          cost savings benefit program; to amend chapter  477  of  the  laws  of

          2009, amending the public authorities law relating to energy efficien-
          cy and clean energy initiatives of the power authority of the state of
          New  York,  in  relation  to  making  such provisions permanent and to
          repeal subdivision 16 of section 1005 of the  public  authorities  law
          relating to energy audits (Part CC); in relation to the New York state
          urban  development  corporation  submitting  a comprehensive financial
          plan to the director of the budget and the establishment  of  accounts
          and subaccounts within the treasury of such corporation; and providing
          for  the  repeal  of such provisions upon the expiration thereof (Part
          DD); and to amend the New York  state  urban  development  corporation
          act, in relation to the new markets tax credits; and providing for the
          repeal of such provision upon expiration thereof (Part EE)
 

          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 2011-2012
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through EE. 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.  The sum of four hundred two million seven hundred ninety-
    14  seven thousand dollars ($402,797,000), or so much thereof  as  shall  be
    15  necessary, and in addition to amounts previously appropriated by law, is
    16  hereby  made  available, in accordance with subdivision 1 of section 380
    17  of the public authorities law as amended,  according  to  the  following
    18  schedule.  Payments pursuant to subdivision (a) of this section shall be
    19  made  available  as  moneys become available for such payments. Payments
    20  pursuant to subdivisions (b) and (c)  of  this  section  shall  be  made
    21  available on the fifteenth day of June, September, December and March or
    22  as  soon  thereafter  as  moneys  become available for such payments. No
        S. 2810--C                          4                         A. 4010--C
 

     1  moneys of the state in the state treasury or any of its funds  shall  be
     2  available for payments pursuant to this section:
     3                                  SCHEDULE
     4    (a)  Thirty-nine  million seven hundred thousand dollars ($39,700,000)
     5  to municipalities for repayment of eligible costs of federal aid munici-
     6  pal street and highway projects pursuant to section 15 of chapter 329 of
     7  the laws of 1991, as added by section 9 of chapter 330 of  the  laws  of
     8  1991,  as  amended.  The department of transportation shall provide such
     9  information to the municipalities as may be necessary  to  maintain  the
    10  federal  tax  exempt  status  of  any bonds, notes, or other obligations
    11  issued by such municipalities to provide for the  non-federal  share  of
    12  the  cost  of  projects  pursuant  to chapter 330 of the laws of 1991 or
    13  section 80-b of the highway law.

    14    The program authorized pursuant to section 15 of chapter  329  of  the
    15  laws  of 1991, as added by section 9 of chapter 330 of the laws of 1991,
    16  as amended, shall additionally make payments for reimbursement according
    17  to the following schedule:
    18                      State Fiscal Year        Amount
    19                      2011-12                  $39,700,000
    20    (b)  Three  hundred  four  million  three  hundred  thousand   dollars
    21  ($304,300,000) to counties, cities, towns and villages for reimbursement
    22  of  eligible  costs  of  local  highway  and bridge projects pursuant to
    23  sections 16 and 16-a of chapter 329 of the laws of  1991,  as  added  by
    24  section  9  of  chapter  330  of  the  laws of 1991, as amended. For the
    25  purposes of computing allocations to municipalities, the amount distrib-
    26  uted pursuant to section 16 of chapter 329 of the laws of 1991 shall  be

    27  deemed  to  be $121,520,000.  The amount distributed pursuant to section
    28  16-a of chapter  329  of  the  laws  of  1991  shall  be  deemed  to  be
    29  $182,780,000.   Notwithstanding the provisions of any general or special
    30  law, the amounts deemed distributed in accordance  with  section  16  of
    31  chapter  329  of the laws of 1991 shall be adjusted so that such amounts
    32  will not be less than 83.807 percent of the "funding level"  as  defined
    33  in  subdivision 5 of section 10-c of the highway law for each such muni-
    34  cipality. In order to achieve the objectives of section  16  of  chapter
    35  329  of the laws of 1991, to the extent necessary, the amounts in excess
    36  of 83.807 percent of the funding level to be deemed distributed to  each
    37  municipality  under  this  subdivision shall be reduced in equal propor-
    38  tion.
    39    (c) Fifty-eight million seven hundred  ninety-seven  thousand  dollars

    40  ($58,797,000)  to  municipalities for reimbursement of eligible costs of
    41  local highway and bridge projects pursuant to sections 16  and  16-a  of
    42  chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
    43  the  laws of 1991, as amended. For the purposes of computing allocations
    44  to municipalities, the amount distributed  pursuant  to  section  16  of
    45  chapter  329  of the laws of 1991 shall be deemed to be $23,480,000. The
    46  amount distributed pursuant to section 16-a of chapter 329 of  the  laws
    47  of   1991  shall  be  deemed  to  be  $35,317,000.  Notwithstanding  the
    48  provisions of any general or special law, the amounts deemed distributed
    49  in accordance with section 16 of chapter 329 of the laws of  1991  shall
    50  be adjusted so that such amounts will not be less than 16.193 percent of
    51  the  "funding  level" as defined in subdivision 5 of section 10-c of the

    52  highway law for each such municipality. In order to achieve  the  objec-
    53  tives  of  section  16 of chapter 329 of the laws of 1991, to the extent
    54  necessary, the amounts in excess of 16.193 percent of the funding  level
    55  to  be  deemed  distributed  to each municipality under this subdivision
    56  shall be reduced in equal proportion. To the extent that  the  total  of
        S. 2810--C                          5                         A. 4010--C
 
     1  remaining payment allocations calculated herein varies from $58,797,000,
     2  the  payment  amounts  to  each  locality shall be adjusted by a uniform
     3  percentage so that the total payments equal $58,797,000.
     4    The program authorized pursuant to sections 16 and 16-a of chapter 329
     5  of the laws of 1991, as added by section 9 of chapter 330 of the laws of
     6  1991,  as  amended,  shall  additionally make payments for reimbursement

     7  according to the following schedule:
     8                      State Fiscal Year        Amount
     9                      2011-12                  $363,097,000
    10    § 2. Section 16 of chapter 329 of the laws of 1991, amending the state
    11  finance law and other laws relating to the establishment  of  the  dedi-
    12  cated highway and bridge trust fund, is amended by adding a new subdivi-
    13  sion (f) to read as follows:
    14    (f)  For purposes of this section and section 10-c of the highway law,
    15  for projects completed on or before March 31,  2012  local  highway  and
    16  bridge projects may also include the following work types: (1) microsur-
    17  facing,  (2)  paver  placed surface treatment, (3) single course surface
    18  treatment involving chip seals and oil and stone, and (4) double  course

    19  surface  treatment  involving  chip seals and oil and stone, however, no
    20  reimbursement shall be made for (1)  microsurfacing,  (2)  paver  placed
    21  surface  treatment,  (3)  single course surface treatment involving chip
    22  seals and oil and stone, and (4) double course surface treatment involv-
    23  ing chip seals and oil and stone after March 31, 2012. Reimbursement for
    24  projects using these treatments may be made from the proceeds of  bonds,
    25  notes or other obligations issued by the New York state thruway authori-
    26  ty pursuant to section 380 of the public authorities law or otherwise as
    27  determined by the director of the budget.
    28    §  3.  Section  16-a  of chapter 329 of the laws of 1991, amending the
    29  state finance law and other laws relating to the  establishment  of  the

    30  dedicated  highway  and  bridge  trust  fund, is amended by adding a new
    31  subdivision (f) to read as follows:
    32    (f) For purposes of this section and section 10-c of the highway  law,
    33  for  projects  completed  on  or before March 31, 2012 local highway and
    34  bridge projects may also include the following work types: (1) microsur-
    35  facing, (2) paver placed surface treatment, (3)  single  course  surface
    36  treatment  involving chip seals and oil and stone, and (4) double course
    37  surface treatment involving chip seals and oil and  stone,  however,  no
    38  reimbursement  shall  be  made  for (1) microsurfacing, (2) paver placed
    39  surface treatment, (3) single course surface  treatment  involving  chip
    40  seals and oil and stone, and (4) double course surface treatment involv-

    41  ing chip seals and oil and stone after March 31, 2012. Reimbursement for
    42  projects  using these treatments may be made from the proceeds of bonds,
    43  notes or other obligations issued by the New York state thruway authori-
    44  ty pursuant to section 380 of the public authorities law or otherwise as
    45  determined by the director of the budget.
    46    § 4. Subdivision (d) of section 11 of chapter 329 of the laws of 1991,
    47  amending the state finance law and other laws relating to the establish-
    48  ment of the dedicated highway and bridge trust fund, as amended by chap-
    49  ter 432 of the laws of 1997, is amended to read as follows:
    50    (d) Any such service contract (i) shall provide that the obligation of
    51  the director of the budget or the state to fund or to  pay  the  amounts

    52  therein provided for shall not constitute a debt of the state within the
    53  meaning  of  any constitutional or statutory provisions in the event the
    54  thruway authority assigns or pledges service contract payments as  secu-
    55  rity  for its bonds or notes, (ii) shall be deemed executory only to the
    56  extent moneys are available and that no liability shall be  incurred  by
        S. 2810--C                          6                         A. 4010--C
 
     1  the  state  beyond  the  moneys available for the purpose, and that such
     2  obligation is subject to annual appropriation by  the  legislature,  and
     3  (iii)  shall  provide  that  no  funds  shall be made available from the
     4  proceeds  of  bonds  or notes issued pursuant to this chapter unless the
     5  commissioner of transportation has certified  to  the  chairman  of  the

     6  thruway  authority  that  such  funds  shall be used exclusively for the
     7  purposes  authorized  by  subdivision  (a)  of  this   section,   and/or
     8  construction,  reconstruction  or improvement of local highways, bridges
     9  and/or highway-railroad crossings, including right of  way  acquisition,
    10  preliminary  engineering,  and  construction supervision and inspection,
    11  where the service life of the project is  at  least  ten  years  or  for
    12  projects  completed  on  or  before March 31, 2012 where the project is:
    13  (1) microsurfacing, (2)  paver  placed  surface  treatment,  (3)  single
    14  course  surface treatment involving chip seals and oil and stone and (4)
    15  double course surface treatment involving chip seals and oil and  stone,
    16  and  unless  the director of the budget has certified to the chairman of

    17  the thruway authority that a spending plan has  been  submitted  by  the
    18  commissioner  of transportation and has been approved by the director of
    19  the budget. No reimbursement shall be made for (1)  microsurfacing,  (2)
    20  paver  placed  surface  treatment,  (3)  single course surface treatment
    21  involving chip seals and oil and stone, and (4)  double  course  surface
    22  treatment involving chip seals and oil and stone after March 31, 2012.
    23    § 5. Subdivision (b) of section 16 of chapter 329 of the laws of 1991,
    24  amending the state finance law and other laws relating to the establish-
    25  ment of the dedicated highway and bridge trust fund, as added by chapter
    26  330 of the laws of 1991, is amended to read as follows:
    27    (b)  Each  county, city, town and village shall certify to the commis-

    28  sioner  of  transportation  that  amounts  to  be  reimbursed  are   for
    29  construction,  reconstruction  or improvement of local highways, bridges
    30  and/or highway-railroad crossings, including right of  way  acquisition,
    31  preliminary  engineering,  and  construction  supervision and inspection
    32  where the service life of the project is  at  least  ten  years  or  for
    33  projects completed on or before March 31, 2012 where the project is: (1)
    34  microsurfacing,  (2)  paver  placed surface treatment, (3) single course
    35  surface treatment involving chip seals and oil and stone and (4)  double
    36  course  surface  treatment  involving  chip seals and oil and stone.  No
    37  reimbursement shall be made for (1)  microsurfacing,  (2)  paver  placed
    38  surface  treatment,  (3)  single course surface treatment involving chip

    39  seals and oil and stone, and (4) double course surface treatment involv-
    40  ing chip seals and oil and stone after March 31,  2012.    Such  certif-
    41  ication  shall include any such information as may be necessary to main-
    42  tain the federal tax exempt status of bonds, notes or other  obligations
    43  issued  by  the New York state thruway authority pursuant to section 380
    44  of the public authorities law. The commissioner of transportation  shall
    45  in writing request the municipalities to furnish such information as may
    46  be necessary to comply with this section.
    47    §  6.  Subdivision  (b)  of section 16-a of chapter 329 of the laws of
    48  1991, amending the state finance law and  other  laws  relating  to  the
    49  establishment  of  the dedicated highway and bridge trust fund, as added
    50  by chapter 330 of the laws of 1991, is amended to read as follows:

    51    (b) Each county, city, town and village shall certify to  the  commis-
    52  sioner   of  transportation  that  amounts  to  be  reimbursed  are  for
    53  construction, reconstruction or improvement of local  highways,  bridges
    54  and/or  highway-railroad  crossings, including right of way acquisition,
    55  preliminary engineering, and  construction  supervision  and  inspection
    56  where  the  service  life  of  the  project is at least ten years or for
        S. 2810--C                          7                         A. 4010--C
 
     1  projects completed on or before March 31, 2012 where the project is: (1)
     2  microsurfacing, (2) paver placed surface treatment,  (3)  single  course
     3  surface  treatment involving chip seals and oil and stone and (4) double

     4  course  surface  treatment  involving  chip seals and oil and stone.  No
     5  reimbursement shall be made for (1)  microsurfacing,  (2)  paver  placed
     6  surface  treatment,  (3)  single course surface treatment involving chip
     7  seals and oil and stone, and (4) double course surface treatment involv-
     8  ing chip seals and oil and stone after March 31,  2012.    Such  certif-
     9  ication  shall include any such information as may be necessary to main-
    10  tain the federal tax exempt status of bonds, notes or other  obligations
    11  issued  by  the New York state thruway authority pursuant to section 380
    12  of the public authorities law. The commissioner shall in writing request
    13  the municipalities to furnish such information as may  be  necessary  to
    14  comply with this section.
    15    §  7.  This act shall take effect immediately; provided, however, that

    16  sections two, three, four, five and six of this act shall expire and  be
    17  deemed repealed on April 1, 2012.
 
    18                                   PART B
 
    19    Section  1. Section 2 of chapter 279 of the laws of 1998, amending the
    20  transportation law relating to enabling the commissioner of  transporta-
    21  tion  to establish a single audit pilot program, as amended by section 1
    22  of part E of chapter 59 of the laws of  2010,  is  amended  to  read  as
    23  follows:
    24    §  2. This act shall take effect on December 31, 1998, except that the
    25  commissioner of transportation is immediately authorized  to  promulgate
    26  rules  and regulations necessary for the implementation of this act [and
    27  shall expire December 31, 2011 when upon such  date  the  provisions  of
    28  this act shall be deemed repealed].
    29    § 2. This act shall take effect immediately.
 

    30                                   PART C
 
    31    Section 1.  Section 7 of chapter 312 of the laws of 1994, amending the
    32  vehicle  and  traffic  law  relating  to suspensions of licenses pending
    33  prosecution of certain alcohol-related charges, and  authorizations  for
    34  probationary  and conditional drivers' licenses, as amended by section 1
    35  of part C of chapter 59 of the laws of  2009,  is  amended  to  read  as
    36  follows:
    37    §  7.  This  act  shall take effect immediately; provided however that
    38  sections three, four, five and six of this act shall take effect on  the
    39  first  day  of  November next succeeding the date on which it shall have
    40  become a law and shall apply to offenses  committed  on  or  after  such
    41  date;  provided further, however, that the amendment to paragraph (c) of
    42  subdivision 2 of section 1193 of the vehicle and  traffic  law  made  by

    43  section two of this act shall take effect on the same date as such para-
    44  graph  takes  effect pursuant to section 9 of chapter 533 of the laws of
    45  1993, as amended[, provided, further, that  the  provisions  of  section
    46  four  of this act shall remain in full force and effect until October 1,
    47  2011 when upon such date the provisions of such section shall be  deemed
    48  repealed  and the provisions of law amended by such section shall revert
    49  to and be read as if  the  provisions  of  such  section  had  not  been
    50  enacted].
    51    §  2.  This  act shall take effect immediately, and shall be deemed to
    52  have been in full force and effect on and after April 1, 2011.
        S. 2810--C                          8                         A. 4010--C
 
     1                                   PART D
 

     2    Section  1. Section 9 of chapter 533 of the laws of 1993, amending the
     3  vehicle and traffic law and the correction law  relating  to  suspension
     4  and  revocation of driver's licenses upon conviction of certain drug-re-
     5  lated offenses, as amended by section 1 of part D of chapter 59  of  the
     6  laws of 2009, is amended to read as follows:
     7    §  9. This act shall take effect September 30, 1993 and shall apply to
     8  convictions based on offenses which occurred on or after such date  [and
     9  shall  remain  in  full force and effect until October 1, 2011 when upon
    10  such date the provisions of this act shall be deemed  repealed  and  the
    11  provisions  of law amended by this act shall revert to and be read as if
    12  the provisions of this act had not been enacted].

    13    § 2. This act shall take effect immediately and  shall  be  deemed  to
    14  have been in full force and effect on and after April 1, 2011.
 
    15                                   PART E
 
    16    Section 1. Section 12 of chapter 569 of the laws of 1981, amending the
    17  vehicle  and  traffic law relating to motor vehicle liability insurance,
    18  financial security, criminal acts and penalties for  non-compliance,  as
    19  amended  by  section  1  of part J of chapter 59 of the laws of 2009, is
    20  amended to read as follows:
    21    § 12. This act shall take effect on the first day of  September,  1982
    22  [and  the  amendments  made to the provisions of the vehicle and traffic
    23  law by sections one through nine of this act shall expire  on  June  30,
    24  2011  and  shall apply to the use and operation of motor vehicles during

    25  such period. Upon such expiration date the provisions of  such  sections
    26  of  such  law  shall revert to and be read as set out in law on the date
    27  immediately preceding the effective date of this act.  The  commissioner
    28  shall  widely  publicize the provisions of this act and take all actions
    29  necessary to prepare for  its  implementation  prior  to  the  effective
    30  date].
    31    § 2. Section 15 of chapter 781 of the laws of 1983, amending the vehi-
    32  cle  and  traffic law and other laws relating to motor vehicle liability
    33  insurance, financial security, criminal acts and certain  penalties  for
    34  non-compliance,  as  amended by section 2 of part J of chapter 59 of the
    35  laws of 2009, is amended to read as follows:
    36    § 15. This act shall take effect immediately except that sections  ten

    37  and eleven hereof shall not take effect [on June 30,  2011;  the  amend-
    38  ments  made  to  the  provisions  of the vehicle and traffic law and the
    39  insurance law by sections one through seven of  this  act  shall  expire
    40  June  30,  2011;  upon such date the provisions of such sections of such
    41  laws shall revert to and be read as set out in law  on  the  date  imme-
    42  diately  preceding  the  effective  date  of  this  act]  and are hereby
    43  repealed.
    44    § 3. This act shall take effect immediately.
 
    45                                   PART F
 
    46    Intentionally omitted.
 
    47                                   PART G
 
    48    Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
    49  New  York state urban development corporation act relating to the powers

        S. 2810--C                          9                         A. 4010--C
 
     1  of the New York state urban development corporation to  make  loans,  as
     2  amended  by  section  1  of part P of chapter 59 of the laws of 2010, is
     3  amended to read as follows:
     4    §  2.  This  act shall take effect immediately provided, however, that
     5  section one of this act shall expire on July 1, [2011]  2012,  at  which
     6  time the provisions of subdivision 26 of section 5 of the New York state
     7  urban  development  corporation  act shall be deemed repealed; provided,
     8  however, that neither the expiration nor the repeal of such  subdivision
     9  as provided for herein shall be deemed to affect or impair in any manner
    10  any  loan  made  pursuant  to the authority of such subdivision prior to
    11  such expiration and repeal.

    12    § 2. This act shall take effect immediately and  shall  be  deemed  to
    13  have been in full force and effect on and after April 1, 2011.
 
    14                                   PART H
 
    15    Section 1. Section 217 of the state finance law, as amended by chapter
    16  291 of the laws of 2004, is amended to read as follows:
    17    § 217. Linked loans. Linked loans shall be made by lenders pursuant to
    18  the  program  only  to  eligible  businesses in connection with eligible
    19  projects. A linked loan shall be limited to a maximum  amount  of  [one]
    20  two  million  dollars.  An  eligible  business may receive more than one
    21  linked loan. During the life of  the  linked  loan  program,  the  total
    22  amount  of  money  that a business can borrow from the linked program is
    23  [one] two million dollars. The credit decision for making a linked  loan

    24  shall  be  made  solely by the lender. Notwithstanding the length of the
    25  term of a linked loan, the linked deposit relating to  the  linked  loan
    26  shall be for a period of not more than four years.
    27    §  2.  The state finance law is amended by adding a new section 220 to
    28  read as follows:
    29    § 220. Renewal of linked deposit. A lender may, on behalf of a borrow-
    30  er, apply to the commissioner  of  economic  development  to  request  a
    31  renewal  of  the  linked  deposit  for an additional four year period to
    32  correspond with a second four year period of a borrower's  linked  loan.
    33  The  commissioner  may grant such application if the commissioner deter-
    34  mines that the borrower, during the  second  four  year  period  of  the

    35  linked loan, will create additional industrial modernization benefits or
    36  additional export trade benefits or additional jobs. If the commissioner
    37  of  economic development grants such application, the commissioner shall
    38  notify the authorized depositor who made the  linked  deposit  that  the
    39  commissioner  has determined that the application satisfies the require-
    40  ments of this article and shall  request  the  authorized  depositor  to
    41  continue  the linked deposit with the lender for an additional four year
    42  period in accordance with section ninety-eight-a  of  this  chapter  and
    43  with  the  authorized  depositor's  established  procedures. Such linked
    44  deposit shall continue to be secured in accordance with  the  provisions

    45  of  section one hundred five of this chapter. The fixed interest rate on
    46  the continued linked deposit shall be the linked deposit  interest  rate
    47  in  effect  on  the first day of the continuation of the linked deposit.
    48  The authorized depositor and the  lender  shall  enter  into  a  written
    49  deposit  agreement governing the continuation of the linked deposit. The
    50  interest rate payable on the linked loan for the second four year period
    51  shall be, in the case of a certified business in an economic development
    52  zone or an eligible business located in an economically distressed  area
    53  or  federal  empowerment  zone  or  enterprise or renewal community or a
    54  minority or women-owned business  enterprise,  three  percentage  points

        S. 2810--C                         10                         A. 4010--C
 
     1  below  the  interest  rate the lender would have charged for the loan in
     2  effect on the first day of the continuation of the linked deposit; or in
     3  the case of a business not located in an economic  development  zone  or
     4  economically  distressed  area or federal empowerment zone or enterprise
     5  or renewal community or which is not a minority or women-owned  business
     6  enterprise,  two  percentage  points  below the interest rate the lender
     7  would have charged for the loan in the absence of a  linked  deposit  in
     8  effect on the first day of the continuation of the linked deposit.
     9    § 3. This act shall take effect immediately.
 
    10                                   PART I
 

    11    Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
    12  chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
    13  implementing  the state fiscal plan for the 2005-2006 state fiscal year,
    14  relating to the New York state higher education capital  matching  grant
    15  program  for independent colleges, as amended by part M of chapter 59 of
    16  the laws of 2010, is amended to read as follows:
    17    (a) The New York state higher education capital matching  grant  board
    18  is  hereby  created to have and exercise the powers, duties and preroga-
    19  tives provided by the provisions of this section and any other provision
    20  of law. The board shall remain in existence during the period of the New
    21  York state higher education capital  matching  grant  program  from  the
    22  effective  date  of  this  section through March 31, [2011] 2012, or the

    23  date on which the last of the funds  available  for  grants  under  this
    24  section  shall  have  been  disbursed,  whichever  is earlier; provided,
    25  however, that the termination of the existence of the  board  shall  not
    26  [effect]  affect  the  power and authority of the dormitory authority to
    27  perform its obligations with respect  to  any  bonds,  notes,  or  other
    28  indebtedness  issued  or  incurred pursuant to authority granted in this
    29  section.
    30    § 2. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
    31  section 1 of part U of chapter 57 of the laws of 2005 amending the labor
    32  law and other laws implementing the state fiscal plan for the  2005-2006
    33  state  fiscal year, relating to New York state higher education matching
    34  grant program for independent colleges, as amended by section 3 of  part

    35  M of chapter 59 of the laws of 2010, is amended to read as follows:
    36    (A) Notwithstanding the provision of any general or special law to the
    37  contrary,  and  subject  to  the provisions of chapter 59 of the laws of
    38  2000 and to the making of annual appropriations therefor by the legisla-
    39  ture, in order to assist the dormitory authority in providing such high-
    40  er education capital matching grants, the  director  of  the  budget  is
    41  authorized  in  any  state  fiscal  year commencing April 1, 2005 or any
    42  state fiscal year thereafter for a period ending  on  March  31,  [2011]
    43  2012,  to  enter into one or more service contracts, none of which shall
    44  exceed 30 years in duration, with the  dormitory  authority,  upon  such
    45  terms as the director of the budget and the dormitory authority agree.
    46    §  3. Paragraph (b) of subdivision 7 of section 1 of part U of chapter

    47  57 of the laws of 2005 amending the labor law and other laws  implement-
    48  ing  the state fiscal plan for the 2005-2006 state fiscal year, relating
    49  to New York state higher education matching grant program for  independ-
    50  ent  colleges,  as  amended  by section 4 of part M of chapter 59 of the
    51  laws of 2010, is amended to read as follows:
    52    (b) Any eligible institution receiving a grant pursuant to this  arti-
    53  cle shall report to the dormitory authority no later than June 1, [2011]
    54  2012,  on  the use of funding received and its programmatic and economic
        S. 2810--C                         11                         A. 4010--C
 
     1  impact. The dormitory authority shall submit  a  report  no  later  than
     2  November  1, [2011] 2012 to the board, the governor, the director of the

     3  budget, the temporary president of the senate, and the  speaker  of  the
     4  assembly  on the aggregate impact of the higher education capital match-
     5  ing grant program. Such report shall provide information on the progress
     6  and economic impact of such project.
     7    § 4. This act shall take effect immediately and  shall  be  deemed  to
     8  have been in full force and effect on and after April 1, 2011.
 
     9                                   PART J
 
    10    Section  1.  Paragraph  (b)  of  subdivision  2 of section 2975 of the
    11  public authorities law, as amended by section 1 of part O of chapter  59
    12  of the laws of 2008, is amended to read as follows:
    13    (b)  On  or before November first, two thousand three and on or before
    14  November first of each year thereafter, the director of the budget shall
    15  determine the amount owed under this  section  by  each  public  benefit

    16  corporation.  The  director  of the budget may reduce, in whole or part,
    17  the amount of such assessment if the payment thereof would necessitate a
    18  state appropriation for  the  purpose,  or  would  otherwise  impose  an
    19  extraordinary hardship upon the affected public benefit corporation. The
    20  aggregate  amount  assessed under this section in any given state fiscal
    21  year may not exceed [fifty-five million dollars] sixty million dollars.
    22    § 2.  Section 2975-a of the public authorities law is REPEALED.
    23    § 3. All monies paid by or on behalf  of  any  industrial  development
    24  agency or authority as of the effective date of this act to reimburse to
    25  New  York state an allocable share of state governmental costs attribut-
    26  able to the provision of services to industrial development agencies  as

    27  determined  pursuant  to  section  2975-a  of the public authorities law
    28  shall be reimbursed to the paying  entity  within  ninety  days  of  the
    29  effective date of this act.
    30    §  4.  This act shall take effect immediately provided however section
    31  two of this act shall be deemed to have been in full force and effect on
    32  and after April 1, 2009.
 
    33                                   PART K
 
    34    Section 1. Section 159-i of the executive law, as amended by section 1
    35  of part Y of chapter 59 of the laws of  2010,  is  amended  to  read  as
    36  follows:
    37    §  159-i. Distribution of funds. [For federal fiscal year two thousand
    38  eleven at] At least ninety percent of the community services block grant
    39  funds received by the state shall be distributed pursuant to a  contract
    40  by  the  secretary to eligible entities as defined in subdivision one of

    41  section one hundred fifty-nine-e of this  article.  Each  such  eligible
    42  entity  shall  receive  the  same proportion of community services block
    43  grant funds as was the proportion of funds received in  the  immediately
    44  preceding federal fiscal year under the federal community services block
    45  grant  program  as compared to the total amount received by all eligible
    46  entities in the state, under the federal community services block  grant
    47  program.
    48    [For federal fiscal year two thousand eleven the] The secretary shall,
    49  pursuant to section one hundred fifty-nine-h of this article, retain not
    50  more  than  five percent of the community services block grant funds for
    51  administration at the state level.
        S. 2810--C                         12                         A. 4010--C
 

     1    [For federal fiscal year two thousand eleven the] The remainder of the
     2  community services block grant funds received  by  the  state  shall  be
     3  distributed  pursuant  to  a  contract by the secretary in the following
     4  order of preference: a sum of up to  one-half  of  one  percent  of  the
     5  community  services  block  grant  funds received by the state to Indian
     6  tribes and tribal organizations as defined in this article, on the basis
     7  of need; and to community  based  organizations.  Such  remainder  funds
     8  received  by  eligible  entities will not be included in determining the
     9  proportion of funds received by  any  such  entity  in  the  immediately
    10  preceding federal fiscal year under the federal community services block
    11  grant program.
    12    § 2. Section 5 of chapter 728 of the laws of 1982, amending the execu-

    13  tive law relating to community services block grant programs, as amended
    14  by  section 2 of part Y of chapter 59 of the laws of 2010, is amended to
    15  read as follows:
    16    § 5. This act shall take effect immediately  provided,  however,  that
    17  section  four  hereof  shall  take  effect  October 1, 1982 and provided
    18  further, however, that the provisions of sections two, three and four of
    19  this act shall be in full force and effect only until September 30, 1983
    20  [and section one of this act shall be in full  force  and  effect  until
    21  September  30,  2011,  provided, however, that the distribution of funds
    22  pursuant to section 159-i of the executive law shall be limited  to  the
    23  federal fiscal year expressly set forth in such section].
    24    § 3. Section 7 of chapter 710 of the laws of 1983, amending the execu-

    25  tive law relating to community services block grant programs, as amended
    26  by  section 3 of part Y of chapter 59 of the laws of 2010, is amended to
    27  read as follows:
    28    § 7. This act shall take effect September 30, 1983 [and  shall  be  in
    29  full  force  and  effect only until September 30, 2011 at which time the
    30  amendments and additions made pursuant to the  provisions  of  this  act
    31  shall be deemed to be repealed, provided, however, that the distribution
    32  of funds pursuant to section 159-i of the executive law shall be limited
    33  to the federal fiscal year expressly set forth in such section].
    34    § 4. This act shall take effect immediately.
 
    35                                   PART L
 
    36    Section  1.  Section 2 of chapter 21 of the laws of 2003, amending the

    37  executive law relating to permitting the secretary of state  to  provide
    38  special  handling  for  all documents filed or issued by the division of
    39  corporations and to permit additional levels of such expedited  service,
    40  as  amended by section 1 of part B of chapter 19 of the laws of 2010, is
    41  amended to read as follows:
    42    § 2. This act shall take effect immediately,  provided  however,  that
    43  section  one  of this act shall be deemed to have been in full force and
    44  effect on and after April 1, 2003 and  shall  expire  March  31,  [2011]
    45  2013.
    46    §  2.  This  act  shall take effect immediately and shall be deemed to
    47  have been in full force and effect on and after March 31, 2011.
 
    48                                   PART M
 
    49    Intentionally omitted.
 
    50                                   PART N

        S. 2810--C                         13                         A. 4010--C
 
     1    Intentionally omitted.
 
     2                                   PART O
 
     3    Section  1.  Subdivision  3  of section 164-d of the executive law, as
     4  added by chapter 65 of the laws of 2005, is amended to read as follows:
     5    3. The office for technology[, in  consultation  with  the  governor's
     6  office  of regulatory reform,] shall promulgate rules and regulations to
     7  implement the provisions of this section.  Such  rules  shall  at  least
     8  provide  for  the prioritization and timing for making application forms
     9  available on the internet.
    10    § 2. Subdivision 46 of section 100 of the economic development law, as
    11  added by chapter 427 of the laws of 2008, is amended to read as follows:
    12    46. to prepare[, in cooperation with the governor's office of  regula-

    13  tory  reform,] an annual summary for the small business community of the
    14  key legislative, budgetary and regulatory changes impacting small  busi-
    15  nesses. Agencies shall cooperate with the department [and the governor's
    16  office  of  regulatory  reform]  in developing the annual summary.   The
    17  annual summary shall be written in  plain  language  and  shall  provide
    18  specific contact information within the appropriate agency for inquiries
    19  regarding  implementation  and  compliance.  The annual summary shall be
    20  posted on the department website on or before September  first  of  each
    21  year.
    22    § 3. Section 102-a of the state administrative procedure act, as added
    23  by chapter 419 of the laws of 2007, is amended to read as follows:
    24    § 102-a.  Small  business regulation guides. For each rule or group of

    25  related rules which significantly impact a substantial number  of  small
    26  businesses,  the agency which adopted the rule shall post on its website
    27  one or more guides explaining the actions a small business may  take  to
    28  comply  with  such  rule or group of rules if the agency determines[, in
    29  conjunction with the governor's office of regulatory reform,] that  such
    30  guide or guides will assist small businesses in complying with the rule,
    31  and  shall  designate  each such posting as a "small business regulation
    32  guide". The guide shall explain the actions a small business may take to
    33  comply with a rule or group of rules. The  agency  shall,  in  its  sole
    34  discretion,  taking  into account the subject matter of the rule and the
    35  language of relevant statutes, ensure that the guide  is  written  using
    36  sufficiently  plain  language  that  it  is  likely  to be understood by

    37  affected small businesses. Agencies shall cooperate with [the governor's
    38  office of regulatory reform and] other state agencies in developing such
    39  guides. [The governor's office of regulatory reform  shall  oversee  and
    40  coordinate  the  preparation of such small business regulation guides by
    41  agencies.]
    42    § 4. Subparagraph (iii) of paragraph (b) of subdivision 9  of  section
    43  202  of  the state administrative procedure act, as added by chapter 230
    44  of the laws of 2006, is amended to read as follows:
    45    (iii) The secretary of  state  shall  provide  that  the  direct  link
    46  between  the  electronic  copy  of the state register and the electronic
    47  mail address provided by an agency [shall also deliver to the governor's
    48  office of regulatory reform a copy of all comments submitted].

    49    § 5. Subdivision 8 of section 202-b of the state administrative proce-
    50  dure act is REPEALED.
    51    § 6. Paragraph (d) of subdivision 1 of  section  202-d  of  the  state
    52  administrative  procedure  act,  as  added by chapter 193 of the laws of
    53  2008, is amended to read as follows:
        S. 2810--C                         14                         A. 4010--C
 
     1    (d) An agency shall identify each rule  described  in  its  regulatory
     2  agenda for which a regulatory flexibility analysis or a rural area flex-
     3  ibility  analysis  may be required, and shall provide outreach as appro-
     4  priate to potentially affected small businesses, local  governments  and
     5  public  and  private interests in rural areas. Such outreach may include
     6  solicitation of input from potentially affected  parties  through  elec-

     7  tronic  means or through any of the activities listed in subdivision six
     8  of section two hundred  two-b  and  subdivision  seven  of  section  two
     9  hundred two-bb of this article. [In addition, the agency shall provide a
    10  copy  of  the description of each rule subject to the provisions of this
    11  paragraph to the governor's office of regulatory reform,  which  may  in
    12  its discretion include the description and additional information on the
    13  rule  in  the  quarterly  report issued pursuant to subdivision eight of
    14  section two hundred two-b of this article.]
    15    § 7. This act shall take effect immediately; provided, that the amend-
    16  ment to paragraph (d) of subdivision 1 of section  202-d  of  the  state
    17  administrative  procedure  act made by section six of this act shall not

    18  affect the expiration of such paragraph and shall be  deemed  to  expire
    19  therewith.
 
    20                                   PART P
 
    21    Section 1. Notwithstanding any law to the contrary, the comptroller is
    22  hereby  authorized  and directed to receive for deposit to the credit of
    23  the general fund the amount of up to $913,000 from the  New  York  state
    24  energy research and development authority.
    25    §  2.  This  act  shall take effect immediately and shall be deemed to
    26  have been in full force and effect on and after April 1, 2011.
 
    27                                   PART Q
 
    28    Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
    29  laws of 2011 to the energy research and development authority, under the
    30  research, development and demonstration program, from the special reven-
    31  ue  funds - other/state operations, miscellaneous special revenue fund -

    32  339, energy research and planning account, and special revenue  funds  -
    33  other/aid to localities, miscellaneous special revenue fund - 339, ener-
    34  gy  research  and planning account shall be subject to the provisions of
    35  this section. Notwithstanding  the  provisions  of  subdivision  4-a  of
    36  section 18-a of the public service law, all moneys committed or expended
    37  shall  be reimbursed by assessment against gas corporations and electric
    38  corporations as defined in section 2 of the public service law, and  the
    39  total  amount  which may be charged to any gas corporation and any elec-
    40  tric corporation shall not exceed one cent per one thousand  cubic  feet
    41  of  gas sold and .010 cent per kilowatt-hour of electricity sold by such
    42  corporations in their intrastate utility  operations  in  calendar  year
    43  2009.  Such  amounts  shall  be  excluded  from  the  general assessment

    44  provisions of subdivision 2 of section 18-a of the public  service  law,
    45  but shall be billed and paid in the manner set forth in such subdivision
    46  and  upon  receipt shall be paid to the state comptroller for deposit in
    47  the state treasury for credit to the miscellaneous special revenue fund.
    48  The director of the budget shall not issue  a  certificate  of  approval
    49  with  respect  to the commitment and expenditure of moneys hereby appro-
    50  priated until the chair of such authority shall have submitted, and  the
    51  director  of  the  budget shall have approved, a comprehensive financial
    52  plan encompassing all moneys available to and  all  anticipated  commit-
        S. 2810--C                         15                         A. 4010--C
 
     1  ments  and  expenditures by such authority from any source for the oper-

     2  ations of such authority. Copies of the approved comprehensive financial
     3  plan shall be immediately submitted by the director of the budget to the
     4  chairs and secretaries of the legislative fiscal committees.
     5    §  2.  This  act  shall take effect immediately and shall be deemed to
     6  have been in full force and effect on and after April 1, 2011.
 
     7                                   PART R
 
     8    Section 1. Notwithstanding any other law, rule or  regulation  to  the
     9  contrary,  expenses of the department of health public service education
    10  program incurred pursuant to appropriations from  the  cable  television
    11  account of the state miscellaneous special revenue funds shall be deemed
    12  expenses of the department of public service.
    13    §  2.  This  act  shall take effect immediately and shall be deemed to
    14  have been in full force and effect on and after April 1, 2011.
 

    15                                   PART S
 
    16    Section 1. Section 9 of chapter 67 of the laws of 1992,  amending  the
    17  environmental  conservation  law relating to pesticide product registra-
    18  tion timetables and fees, as amended by section 1 of part FF of  chapter
    19  59 of the laws of 2008, is amended to read as follows:
    20    §  9. This act shall take effect April 1, 1992 provided, however, that
    21  section [3] three of this act shall take effect July 1, 1993  and  shall
    22  expire and be deemed repealed on July 1, [2011]2014.
    23    §  2.  Section    33-0705  of  the  environmental conservation law, as
    24  amended by section 2 of part FF of chapter  59  of  the  laws  of  2008,
    25  subdivisions a and b as amended by section 5 of part YY of chapter 59 of
    26  the laws of 2009, is amended to read as follows:
    27  § 33-0705. Fee for registration.

    28    The applicant for registration shall pay a fee as follows:
    29    a.  On  or  before  July  1, [2011] 2014, six hundred dollars for each
    30  pesticide proposed to be registered, provided  that  the  applicant  has
    31  submitted  to  the  department proof in the form of a federal income tax
    32  return for the previous year showing gross  annual  sales,  for  federal
    33  income  tax  purposes, of three million five hundred thousand dollars or
    34  less;
    35    b. On or before July 1, [2011] 2014, for all others, six hundred twen-
    36  ty dollars for each pesticide proposed to be registered;
    37    c. After July  1,  [2011]  2014,  fifty  dollars  for  each  pesticide
    38  proposed to be registered.
    39    §  3.  This  act  shall take effect immediately and shall be deemed to
    40  have been in full force and effect on and after April 1, 2011.
 

    41                                   PART T
 
    42    Intentionally omitted.
 
    43                                   PART U
 
    44    Section 1. Subparagraph (i) of paragraph c of subdivision 3 of section
    45  16-s of section 1 of chapter 174 of the laws of 1968,  constituting  the
    46  urban development corporation act, as amended by section 1 of part XX of
    47  chapter 59 of the laws of 2009, is amended to read as follows:
        S. 2810--C                         16                         A. 4010--C
 
     1    (i)  An  eligible  food  market applicant may be a for-profit business
     2  enterprise (including a corporation,  limited  liability  company,  sole
     3  proprietor,  cooperative  or  partnership),  [a  nonprofit organization]
     4  not-for-profit corporation, agricultural cooperative corporation, public

     5  benefit corporation, municipal corporation, regional market facility, or
     6  a food cooperative.
     7    §  2.  Section  16  of  the  agriculture and markets law is amended by
     8  adding new subdivision  46 to read as follows:
     9    46. Within the amount of monies appropriated or otherwise made  avail-
    10  able  therefor,  establish,  administer  and operate, or provide for the
    11  administration and operation of, a program, which may include establish-
    12  ment of a revolving loan fund, to assist in the development, implementa-
    13  tion and operation of agricultural programs.
    14    § 3. Section 260 of the agriculture and  markets  law  is  amended  by
    15  adding a new subdivision 9 to read as follows:
    16    9.  "Food desert" shall mean an area with limited access to affordable

    17  and nutritious food, particularly such  an  area  that  is  composed  of
    18  predominately lower-income neighborhoods and communities.
    19    §  4. Subdivision 1 of section 262 of the agriculture and markets law,
    20  as amended by chapter 612 of the laws of  2006,  and  paragraph  (b)  as
    21  amended  by  chapter  126  of  the  laws  of 2007, is amended to read as
    22  follows:
    23    1. There is hereby created within the department a program  of  grants
    24  for  the  purpose of providing state assistance for farmer's markets. In
    25  administering such program, the commissioner, to  the  extent  feasible,
    26  shall  ensure  an  equitable  distribution  of awards to rural areas and
    27  other areas of the state.  State assistance provided  pursuant  to  this
    28  section may be awarded for:
    29    (a)  the construction, reconstruction, improvement, expansion or reha-

    30  bilitation of farmers' markets. Grants provided pursuant to  this  para-
    31  graph  shall  not  exceed the lesser of fifty percent of project cost or
    32  fifty thousand dollars per project in any fiscal year.
    33    (b) the purpose of providing promotional support for farmer's markets.
    34  Grants provided pursuant to this paragraph shall not exceed  the  lesser
    35  of  fifty  percent of project cost or [five] seven thousand five hundred
    36  dollars per applicant in any fiscal year.
    37    (c) equipment costs associated with improving  farmers'  market  func-
    38  tions, including but not limited to expanding access to electronic bene-
    39  fit  transfer  technology for farmers' markets and other non-traditional
    40  food access points in food deserts in the state.
    41    § 5. This act shall take effect immediately.
 

    42                                   PART V
 
    43    Intentionally omitted.
 
    44                                   PART W
 
    45    Section 1. Subdivision 3 of section 99-h of the state finance law,  as
    46  amended  by  section  1 of part QQ of chapter 59 of the laws of 2009, is
    47  amended to read as follows:
    48    3. Moneys of the account, following [appropriation] the segregation of
    49  appropriations enacted  by  the  legislature,  shall  be  available  for
    50  purposes including but not limited to: (a) reimbursements or payments to
    51  municipal  governments  that  host  tribal casinos pursuant to a tribal-
    52  state compact for costs incurred in connection with services provided to
        S. 2810--C                         17                         A. 4010--C
 
     1  such casinos or arising as a result thereof,  for  economic  development

     2  opportunities  and  job  expansion  programs authorized by the executive
     3  law; provided, however, that for any gaming facility located in the city
     4  of  Buffalo,  the city of Buffalo shall receive a minimum of twenty-five
     5  percent of the negotiated percentage of the  net  drop  from  electronic
     6  gaming  devices the state receives pursuant to the compact, and provided
     7  further that for any gaming facility located  in  the  city  of  Niagara
     8  Falls, county of Niagara a minimum of twenty-five percent of the negoti-
     9  ated percentage of the net drop from electronic gaming devices the state
    10  receives pursuant to the compact shall be distributed in accordance with
    11  subdivision  four  of  this  section,  and provided further that for any
    12  gaming facility located in the county or counties of Cattaraugus,  Chau-
    13  tauqua  or  Allegany, the municipal governments of the state hosting the

    14  facility shall collectively receive a minimum of twenty-five percent  of
    15  the negotiated percentage of the net drop from electronic gaming devices
    16  the  state  receives  pursuant to the compact; and provided further that
    17  pursuant to chapter five hundred ninety of  the  laws  of  two  thousand
    18  four,  a  minimum of twenty-five percent of the revenues received by the
    19  state pursuant to the state's compact with the St.  Regis  Mohawk  tribe
    20  shall  be  made  available to the counties of Franklin and St. Lawrence,
    21  and affected towns in such counties. Each such county and  its  affected
    22  towns  shall  receive  fifty percent of the moneys made available by the
    23  state; and (b) support and services of treatment  programs  for  persons
    24  suffering from gambling addictions. Moneys not [appropriated] segregated
    25  for  such  purposes  shall  be  transferred  to the general fund for the

    26  support of government during the fiscal year in which they are received.
    27    § 2.  Paragraph (a) of subdivision 4 of  section  99-h  of  the  state
    28  finance  law,  as  amended  by section 2 of part QQ of chapter 59 of the
    29  laws of 2009, is amended to read as follows:
    30    (a) Monies which are appropriated and received each year by the  state
    31  as a portion of the negotiated percentage of the net drop from electron-
    32  ic  gaming  devices the state receives in relation to the operation of a
    33  gaming facility in the city of Niagara Falls, county  of  Niagara  which
    34  subdivision  three  of  this section requires to be a minimum of twenty-
    35  five percent, shall be budgeted and disbursed by  the  city  of  Niagara
    36  Falls in the following manner:
    37    (i)  [seventy-five]  seventy-three  and  one-half percent of the total

    38  annual amount received shall be available for expenditure by the city of
    39  Niagara Falls for such public purposes as are determined, by  the  city,
    40  to be necessary and desirable to accommodate and enhance economic devel-
    41  opment,  neighborhood  revitalization,  public  health  and  safety, and
    42  infrastructure improvement in the city,  shall  be  deposited  into  the
    43  tribal  revenue  account of the city and any and all interest and income
    44  derived from the deposit and investment of such monies shall be deposit-
    45  ed into the general operating fund of the city; provided  however,  that
    46  any  amount allocated to the Niagara Falls Underground Railroad Heritage
    47  Commission, to the extent that its share pursuant to the formula  estab-
    48  lished in clause five of subparagraph (ii) of this paragraph exceeds one

    49  percent,  such  amounts shall be distributed from the funds available to
    50  the city for its public purposes pursuant to this paragraph; and
    51    (ii) the remaining [twenty-five] twenty-six and  one-half  percent  of
    52  the  total  annual  amount  received  shall be allocated for the city of
    53  Niagara Falls to be available for expenditure in the following manner:
    54    (1) within thirty-five days upon receipt of such funds by  such  city,
    55  five  and  one-half  percent of the total annual amount received in each
    56  year, not to exceed seven hundred fifty thousand dollars annually, shall
        S. 2810--C                         18                         A. 4010--C
 
     1  be transferred to Niagara Falls memorial medical center to be  used  for
     2  capital construction projects; and

     3    (2)  within  thirty-five days upon receipt of such funds by such city,
     4  five and one-half percent of the total annual amount  received  in  each
     5  year, not to exceed seven hundred fifty thousand dollars annually, shall
     6  be  transferred  to  the  Niagara Falls city school district for capital
     7  construction projects; and
     8    (3) within thirty-five days upon receipt of such funds by  such  city,
     9  [six]  seven  percent  in  each year shall be transferred to the Niagara
    10  tourism and convention center  corporation  for  marketing  and  tourism
    11  promotion  in the county of Niagara including the city of Niagara Falls;
    12  and
    13    (4) an amount equal to the lesser of  one  million  dollars  or  seven
    14  percent  of  the  total  amount in each year shall be transferred to the
    15  city of Niagara Falls and held in an escrow account  maintained  by  the

    16  city of Niagara Falls and, if additional funding has been secured by the
    17  Niagara  frontier  transportation authority to finance construction of a
    18  new terminal at Niagara Falls, such  amount  held  in  escrow  shall  be
    19  transferred  to  the  Niagara frontier transportation authority for such
    20  purpose provided however that if such additional funding  has  not  been
    21  secured  or  construction of a new terminal has not commenced within two
    22  years of the date which such monies were received by the city of Niagara
    23  Falls such amounts held in escrow by the city of Niagara Falls shall  be
    24  distributed pursuant to subparagraph (iii) of this paragraph; and
    25    (5)  within  thirty-five days upon receipt of such funds by such city,
    26  one percent or three hundred fifty thousand dollars, whichever is great-
    27  er, of the total annual amount received in each  year  shall  be  trans-

    28  ferred  to  the  Niagara Falls Underground Railroad Heritage Commission,
    29  established pursuant to article forty-three of the parks, recreation and
    30  historic preservation law to be used for, but not limited  to,  develop-
    31  ment,  capital  improvements, acquisition of real property, and acquisi-
    32  tion of personal property within  the  heritage  area  in  the  city  of
    33  Niagara Falls as established pursuant to the commission; provided in the
    34  event  the  distribution  available  pursuant to this clause exceeds one
    35  percent, it shall be distributed from the moneys available  pursuant  to
    36  subparagraph (i) of this paragraph; and
    37    (iii)  all  other  monies  appropriated  or  received for distribution
    38  pursuant to this subdivision after the transfer  of  money  pursuant  to
    39  this  subparagraph  and  subparagraphs (i) and (ii) of this paragraph in

    40  each year shall be allocated to the city of Niagara  Falls  for  infras-
    41  tructure and road improvement projects.
    42    § 3. This act shall take effect immediately; provided that:
    43    (a)  the  amendments  to  subdivision  3  of section 99-h of the state
    44  finance law made by section one of this act shall expire and  be  deemed
    45  repealed March 31, 2013; and
    46    (b)  the  amendments to paragraph (a) of subdivision 4 of section 99-h
    47  of the state finance law made by section  two  of  this  act  shall  not
    48  affect  the  expiration  of  such  section and shall be deemed to expire
    49  therewith.
 
    50                                   PART X
 
    51    Intentionally omitted.
 
    52                                   PART Y
        S. 2810--C                         19                         A. 4010--C
 

     1    Section 1. Subdivisions 1 and 6 of section 408 of the general business
     2  law, as added by chapter 509 of the laws of 1992, are amended to read as
     3  follows:
     4    1.  All  licenses shall expire [two] four years from the date of issu-
     5  ance.
     6    6. Any license, which has not been suspended or revoked, may, upon the
     7  payment of the renewal fee, be renewed for additional periods  of  [two]
     8  four  years  from its application, without further examination, upon the
     9  filing of an application for such renewal, on a form to be prescribed by
    10  the secretary.
    11    § 2. Subdivisions 1, 2 and 7 of section 409 of  the  general  business
    12  law,  subdivision  1  as  amended by chapter 341 of the laws of 1998 and
    13  subdivisions 2 and 7 as added by chapter 509 of the laws  of  1992,  are
    14  amended to read as follows:

    15    1.  The  non-refundable fee for an application for a license to engage
    16  in the practice of nail specialty, waxing, natural hair styling, esthet-
    17  ics or cosmetology, shall be [twenty] forty dollars  initially  and  for
    18  each  renewal  thereof  the fee shall be [twenty] forty dollars; the fee
    19  for a temporary license and each renewal shall be ten dollars.
    20    2. The fee for an appearance enhancement  business  license  shall  be
    21  [thirty]  sixty  dollars  initially  and [thirty] sixty dollars for each
    22  renewal thereof.
    23    7. The fees herein set forth shall be those for  licenses  issued  for
    24  the license period of [two] four years.
    25    §  3. Subdivisions 2 and 4 of section 437 of the general business law,

    26  subdivision 2 as amended by chapter 497 of the laws of 1985 and subdivi-
    27  sion 4 as added by chapter 801 of the laws of 1946 and as renumbered  by
    28  chapter 263 of the laws of 1949, are amended to read as follows:
    29    2. A certificate of registration as an apprentice shall be for a peri-
    30  od of [two] four years.
    31    4.  A  certificate of registration expiring in any year, which has not
    32  been revoked, may, upon payment of the fee prescribed by  this  article,
    33  be  renewed  for  additional  periods of [two] four years upon filing an
    34  application therefor and the certificate mentioned in subdivision two on
    35  condition, however, that no certificate of registration  may  be  issued
    36  after  one  renewal, unless the applicant for such certificate of regis-
    37  tration has complied with all the provisions of this article relating to
    38  apprentices.

    39    § 4. Subdivisions 1 and 4 of section 439 of the general business  law,
    40  subdivision 1 as amended by chapter 497 of the laws of 1985 and subdivi-
    41  sion  4  as  amended  by chapter 243 of the laws of 1999, are amended to
    42  read as follows:
    43    1. All licenses, except temporary licenses, shall be for a  period  of
    44  [two] four years.
    45    4.  Any  license or certificate, except a temporary license, which has
    46  not been suspended or revoked, may, upon the payment of the renewal  fee
    47  prescribed  by  this article, be renewed for additional periods of [two]
    48  four years from its expiration, without further  examination,  upon  the
    49  filing  of  any application for such renewal, on a form to be prescribed
    50  by the secretary of state, accompanied by the  certificate  required  by

    51  paragraph  (c)  and  the certificate of completion required by paragraph
    52  (e-1) of subdivision one of section four  hundred  thirty-four  of  this
    53  article.
    54    § 5. Subdivisions 1, 2, 4 and 8 of section 440 of the general business
    55  law,  as  amended by chapter 61 of the laws of 1989, are amended to read
    56  as follows:
        S. 2810--C                         20                         A. 4010--C
 
     1    1. The fee for a license to engage in the practice of barbering  shall
     2  be  [twenty] forty dollars and for each renewal thereof the fee shall be
     3  [twenty] forty dollars.
     4    2.  The  fee  for a license to conduct a barber shop shall be [thirty]
     5  sixty dollars and for each renewal thereof the  fee  shall  be  [thirty]
     6  sixty dollars.

     7    4.  The fee for the registration or the renewal of the registration of
     8  an apprentice shall be [ten] twenty dollars.
     9    8. The fees hereinabove set forth shall be those for  licenses  issued
    10  for  the  license  period  of  [two]  four  years.   Notwithstanding the
    11  provisions of subdivision one of section  four  hundred  thirty-nine  of
    12  this  article,  after [January first, nineteen hundred eighty-six] April
    13  first, two thousand eleven, the secretary of state  shall  assign  stag-
    14  gered expiration dates for outstanding licenses that have been previous-
    15  ly  renewed  [on  June  thirtieth  of each year] and such licenses shall
    16  thereafter expire  [two]  four  years  from  the  assigned  date  unless

    17  renewed.  [If  the  assigned date results in a term that exceeds twenty-
    18  four months, the applicant shall pay an additional  prorated  adjustment
    19  together  with  the  regular  renewal fee.] The secretary of state shall
    20  assign dates to existing licenses in a manner which shall  result  in  a
    21  term of not less than [two] four years.
    22    § 6. This act shall take effect immediately.
 
    23                                   PART Z
 
    24    Intentionally omitted.
 
    25                                   PART AA
 
    26    Section  1.  Section 13-0355 of the environmental conservation law, as
    27  added by section 6 of part LL of chapter 59 of  the  laws  of  2009,  is
    28  amended to read as follows:
    29  § 13-0355. Recreational marine fishing [license] registration.

    30    1.  Definitions of [licenses] registrations; privileges. [a.] A recre-
    31  ational marine fishing [license] registration entitles the holder who is
    32  sixteen years of age or older to take fish from the waters of the marine
    33  and coastal district and to take migratory fish  of  the  sea  from  all
    34  waters  of the state, except as provided in sections 13-0333 and 13-0335
    35  of this title. A recreational marine fishing [license]  registration  is
    36  effective  for a [license] registration year beginning January first and
    37  ending December thirty-first.
    38    [b. A seven-day recreational marine fishing license
    39   entitles the holder to exercise the privileges of a recreational marine
    40  fishing license  for  the  seven  consecutive  days  specified  in  such

    41  license.
    42    c.  A  one-day recreational marine fishing license entitles the holder
    43  to exercise the privileges of a recreational marine fishing  license  on
    44  the day specified on such license.]
    45    2.  General  provisions.  a.  The  privileges of a recreational marine
    46  fishing [license] registration may be exercised only at  the  times  and
    47  places,  and  in the manner and to the extent, permitted by the fish and
    48  wildlife law and applicable regulations of the department.
    49    b. Recreational marine fishing [licenses] registrations are not trans-
    50  ferable. No person shall  alter,  change,  lend  to  another  person  or
    51  attempt  to  transfer  to another person any recreational marine fishing
    52  [license] registration.

        S. 2810--C                         21                         A. 4010--C
 
     1    c. A [license] registration issued in lieu  of  a  lost  or  destroyed
     2  [license]  registration is void if it is obtained: (i) by fraud; or (ii)
     3  by a person who is not authorized to hold it or who makes a false state-
     4  ment in applying for it.
     5    d.  No  [license]  registration  authorizes the holder (a) to trespass
     6  upon private lands or waters or to interfere with property belonging  to
     7  another  person;  (b) to take fish or wildlife on an Indian reservation;
     8  (c) to enter upon, or to take or disturb fish or  wildlife  upon,  state
     9  lands  or  waters  posted  by the department except in accordance with a
    10  written permit from the department or an order adopted  by  the  depart-

    11  ment;  (d) to take any fish or wildlife in any area closed to the taking
    12  of fish or wildlife, or  to  take  any  species  of  fish,  wildlife  or
    13  protected insect in an area closed to the taking of such species.
    14    3. Failure to carry [license] registration.  a. The holder of a recre-
    15  ational marine fishing [license] registration shall:
    16    (i)  at  all  times  have  such [license] registration on the holder's
    17  person while exercising any privilege of  that  [license]  registration;
    18  and
    19    (ii) shall exhibit such [license] registration on demand to any police
    20  officer,  peace  officer, or owner, lessee or other person in control of
    21  the lands or waters or the designees of the owner, lessee or  person  in

    22  control of the lands or waters on which the [license] registration hold-
    23  er is present and is exercising the privileges thereof.
    24    b.  Failure  to have a recreational marine fishing [license] registra-
    25  tion on one's person while exercising any privilege  of  that  [license]
    26  registration is presumptive evidence that such person is fishing without
    27  holding the [license] registration required by this section.
    28    4.  Fees.  [Each]  No  applicant  for  a  recreational  marine fishing
    29  [license] registration shall [pay to the issuing officer a fee according
    30  to the license issued and the residence or other  qualification  of  the
    31  applicant, as follows:

    32    a.  In  the  case  of persons who have been residents of the state for
    33  thirty days or more immediately preceding the date of application or who
    34  are enrolled in a full-time course at a college or university within the
    35  state and who are in residence in the state for the school year, Indians
    36  residing off reservations in the state and members of the United  States
    37  armed  forces  in  active  service stationed in this state regardless of
    38  place of residence at the time of entry into service:
    39       License                              Fee
    40       (1) Recreational marine fishing    $10.00
    41       (2) Seven-day recreational marine
    42       fishing                            $ 8.00
    43       (3) One-day recreational marine

    44       fishing                             $ 4.00
    45    b. In the case of a non-resident and persons resident in the state for
    46  less than thirty days, other than persons who are enrolled  in  a  full-
    47  time  course  at a college or university within the state and who are in
    48  residence in the state for the school year  and  those  members  of  the
    49  United  States armed forces as to whom fees are specified in paragraph a
    50  of this subdivision:
    51       License                              Fee
    52       (1) Recreational marine fishing    $15.00
    53       (2) Seven-day recreational marine
    54       fishing                            $10.00
    55       (3) One-day recreational marine
    56       fishing                            $ 5.00

        S. 2810--C                         22                         A. 4010--C

     1    c. A person eligible for any free license pursuant to subdivision 2 of
     2  section 11-0715 of this chapter shall be eligible for a free recreation-
     3  al marine fishing license.
     4    d.  License  issuing  officers  may  retain  5.5  percent of the gross
     5  proceeds from the sale of all recreational marine fishing  licenses]  be
     6  required to pay a fee for such registration.
     7    5. Exemption from requirement of recreational marine fishing [license]
     8  registration.  a.    Minors under the age of sixteen may take fish as if
     9  they held a recreational marine fishing [license] registration.

    10    b. Recreational fishing passengers on a marine  and  coastal  district
    11  party  or  charter  boat  licensed  and  registered  pursuant to section
    12  13-0336 of this title may take fish  as  if  they  held  a  recreational
    13  marine fishing [license] registration.
    14    6.  Recreational  marine fishing [licenses] registration data. a.  The
    15  department is authorized to collect  data  on  holders  of  recreational
    16  marine  fishing [licenses] registrations, which shall include but not be
    17  limited to, a [licensee's] registrant's name, address and date of birth.
    18    b. [License] Registration holder data collected by the  department  or
    19  available  to  the  department  shall  be  confidential and shall not be

    20  disclosed except as required to comply with section 401(g) of the Magnu-
    21  son-Stevens fisheries management and conservation act (16 U.S.C.  1881),
    22  as  may be amended from time to time, or by court order, except that the
    23  department may release or make public any statistics in an aggregate  or
    24  summary  form which does not make it possible to identify any person who
    25  submits such data. The department may prescribe such procedures  as  may
    26  be necessary to preserve such confidentiality.
    27    7.  Reciprocity  in  boundary  waters. If persons holding recreational
    28  marine fishing [licenses] registrations issued under the New  York  fish
    29  and  wildlife  law  are  not  required to have licenses or registrations
    30  issued by a state named in paragraph a, b or c of this subdivision  when
    31  fishing  in  that part of the waters, specified in such paragraph, which

    32  lies within that state then, in such case, a person  holding  a  similar
    33  license or registration issued by such state may, without a recreational
    34  marine fishing [license] registration issued under the New York fish and
    35  wildlife  law,  take  fish  as provided in this title, from that part of
    36  such waters specified in paragraph a, b or c of this  subdivision  which
    37  lies within this state:
    38    a.  License or registration issued by Connecticut: those parts of Long
    39  Island Sound lying between New York and Connecticut.
    40    b. License or registration issued by New Jersey: those  parts  of  New
    41  York  Harbor,  Hudson River, Kill Van Kull, Arthur Kill, Raritan Bay and
    42  Atlantic Ocean lying between New York and New Jersey.
    43    c. License or registration issued by Rhode Island: those parts of Long

    44  Island Sound, Block Island Sound and Atlantic Ocean  lying  between  New
    45  York and Rhode Island.
    46    §  2.  Subdivision 1 of section 11-0702 of the environmental conserva-
    47  tion law, as amended by chapter 507 of the laws of 2010, is  amended  to
    48  read as follows:
    49    1.  There  are hereby created the following lifetime hunting, fishing,
    50  trapping, archery and muzzle-loading licenses and fees therefor  subject
    51  to  the  same  privileges  and  obligations  of  a comparable short term
    52  license:
 
    53               Licenses                               Fees
    54        a. Lifetime sportsman
    55       license and turkey
        S. 2810--C                         23                         A. 4010--C
 
     1       permit. If purchased,
     2       for a  child four years
     3       of age or younger                              $380.00
 

     4        for a child age five through
     5       eleven years of age                            $535.00
 
     6        for a person age twelve through
     7       sixty-nine years of age                        $765.00
 
     8        for a person age seventy
     9        and over.                                     $65.00
 
    10        b. Lifetime small and
    11       big game license.                              $535.00
 
    12        c. Lifetime fishing
    13       license for a person age
    14       sixty-nine or younger.                         $460.00
 
    15        d. Lifetime fishing license
    16       for a person age seventy
    17       and over.                                      $ 65.00
 
    18        e. Lifetime trapping
    19       license.                                       $395.00
 
    20        f. Lifetime archery
    21       stamp.                                         $235.00
 
    22        g. Lifetime muzzle-

    23       loading stamp.                                 $235.00
 
    24        [h. Lifetime recreational
    25       marine fishing license.                        $150.00

    26        i. Lifetime combination fishing
    27       and recreational marine fishing
    28       license.                                       $450.00]
 
    29        j. For transfer to a person pursuant
    30       to section 11-0704 of this title                $50.00
 
    31    The holder of a lifetime small and big game license or fishing license
    32  may,  at  any time, convert such license to a lifetime sportsman license
    33  and turkey permit for an additional fee equal to the existing  differen-
    34  tial.
    35    §  3.  Subdivision 1 of section 11-0713 of the environmental conserva-
    36  tion law, as amended by section 4 of part LL of chapter 59 of  the  laws

    37  of 2009, is amended to read as follows:
    38    1. a. All licenses, stamps, tags, buttons, permits, registrations, and
    39  permit  applications authorized by this title or section 13-0355 of this
    40  chapter, and any additional  privileges  authorized  by  the  department
    41  shall be issued by:
    42    (1)  clerks  of  a  county, town or city, except a city having a popu-
    43  lation of one million or more, although such clerks may request authori-
        S. 2810--C                         24                         A. 4010--C
 
     1  zation from the department to cease issuing such licenses  or  registra-
     2  tions,
     3    (2)  clerks  of  a  village  having more than one thousand inhabitants
     4  according to the last preceding federal census, or of  a  village  in  a
     5  county  of less than five hundred thousand inhabitants, adjoining a city

     6  of over one million inhabitants, both according to such census, although
     7  such clerks may request authorization from the department to cease issu-
     8  ing such licenses or registrations, and
     9    (3) license issuing officers as may be appointed by the  commissioner.
    10  Applicants for designation as license issuing officers shall be over the
    11  age  of  eighteen years and shall meet such other requirements of eligi-
    12  bility, including posting bond, as  the  department  may  by  regulation
    13  specify. Such issuing officers shall be entitled to receive and keep the
    14  same  fees for issuing licenses and stamps that are specified in section
    15  11-0715 of this title for issuing clerks [and section  13-0355  of  this
    16  chapter], and shall file reports and remit license fees to the appropri-
    17  ate  regional  environmental  conservation  officer or the department as

    18  required by regulation.
    19    b. Special antlerless deer licenses shall be issued by the  department
    20  as provided in subdivision 6 of section 11-0903 of this article.
    21    c.  One-day  fishing licenses [and one-day recreational marine fishing
    22  licenses] may be issued by any person who has never been convicted of or
    23  pleaded guilty to a misdemeanor under this chapter within the past three
    24  years, and has not been convicted of a crime under any other  law.  Such
    25  licenses  shall  be  issued  to any such person following payment of the
    26  applicable license fee for each license. One-day fishing  licenses  [and
    27  one-day recreational marine fishing licenses] may be sold by the initial
    28  purchaser  for  no more than the applicable license fee, plus one dollar
    29  for the person selling such license. In the case of misuse or  fraud  in

    30  handling  the  fishing licenses, the department shall have the authority
    31  to revoke the privilege to buy and sell the licenses.
    32    § 4. Subdivision 1 of section 13-0336 of the  environmental  conserva-
    33  tion  law,  as amended by section 5 of part LL of chapter 59 of the laws
    34  of 2009, is amended to read as follows:
    35    1. No owner or operator of a party boat or charter  boat  shall  carry
    36  recreational  fishing  passengers  in the marine and coastal district or
    37  land fish taken outside the territorial  waters  of  the  state  without
    38  holding  a party or charter boat license issued by the department for an
    39  annual fee of two hundred fifty dollars and a recreational marine  fish-
    40  ing  [license]  registration issued by the department [for an annual fee

    41  of four hundred dollars]. Such [licenses] license and registration shall
    42  be issued only to persons domiciled in the state or  in  a  state  which
    43  affords  reciprocal fishing privileges to persons domiciled in New York.
    44  Such [licenses] license and  registration  shall  be  available  on  the
    45  vessel  at  all times. For purposes of this subdivision, party boats and
    46  charter boats are vessels used to carry passengers for  hire  wherein  a
    47  fee is charged, either directly or indirectly, for the purpose of taking
    48  or attempting to take marine fish for recreational purposes.
    49    §  5. Paragraphs (c), (d), and (e) of subdivision 2 of section 13-0503
    50  of the environmental conservation law, paragraphs (c) and (d)  as  added
    51  and  paragraph  (e)  as amended by section 7 of part LL of chapter 59 of

    52  the laws of 2009, are amended to read as follows:
    53    (c) review the allocations and expenditures of the department  related
    54  to  the marine resources account. To assist the board in its review, the
    55  department shall by September first of each year make available  to  the
    56  board,  the  governor and the legislature current and anticipated income
        S. 2810--C                         25                         A. 4010--C
 
     1  and expenditures for the account, including planned expenditures by time
     2  and activity code for the next fiscal year; and
     3    (d)  consult with marine fish and wildlife interests and render annual
     4  reports to the commissioner on fiscal needs and make recommendations  on
     5  expenditures and how such needs shall be met[; and
     6    (e)  make  recommendations  regarding  the maximum fees for the recre-

     7  ational marine fishing licenses identified in section  13-0355  of  this
     8  article.    In recommending such fees, the board shall consider economic
     9  indicators, the general financial condition of the saltwater recreation-
    10  al fishing industry and the status  of  the  marine  resources  account,
    11  including  the viability of the marine resources program, as it may deem
    12  appropriate].
    13    § 6. Any person who holds a recreational marine  fishing  license  for
    14  the  2011  calendar year shall be deemed to have satisfied the registra-
    15  tion requirements of sections 13-0355 and 13-0336 of  the  environmental
    16  conservation law for the calendar year 2011.
    17    §  7.  Any  person who holds a lifetime combination fishing and recre-
    18  ational marine fishing  license  shall  be  issued  a  lifetime  fishing

    19  license  without  paying the additional ten dollars that would otherwise
    20  be charged for the lifetime fishing license.
    21    § 8. Any person who purchased a lifetime recreational  marine  fishing
    22  license shall be entitled to a refund from the state fish and game trust
    23  account.  All refunds must be provided by December 31, 2011.
    24    §  9.  This  act shall take effect immediately and shall expire and be
    25  deemed repealed December 31, 2013.
 
    26                                   PART BB
 
    27    Section 1. Subdivision 3  of  section  19-0323  of  the  environmental
    28  conservation  law,  as  added  by  chapter  629  of the laws of 2006, is
    29  amended to read as follows:
    30    3. Any diesel powered heavy duty vehicle that is owned by, operated by
    31  or on behalf of, or leased by a state  agency  and  state  and  regional
    32  public  authority with more than half of its governing body appointed by

    33  the governor shall utilize the best available  retrofit  technology  for
    34  reducing  the  emission of pollutants. The commissioner shall promulgate
    35  regulations  for  the  implementation  of  this  subdivision  specifying
    36  [procedures for compliance according to the following schedule:
    37    a. Not less than 33% of the vehicles covered by this subdivision shall
    38  have best available retrofit technology on or before December 31, 2008.
    39    b. Not less than 66% of the vehicles covered by this subdivision shall
    40  have best available retrofit technology on or before December 31, 2009.
    41    c.  All] that all vehicles covered by this subdivision shall have best
    42  available retrofit technology on or before December 31, [2010] 2012.
    43    § 2. This act shall take effect immediately.
 

    44                                   PART CC
 
    45    Section 1. Short title. This act shall be known and may  be  cited  as
    46  the "recharge New York power program act."
    47    §  2.  The economic development law is amended by adding a new section
    48  188-a to read as follows:
    49    § 188-a. Recharge New York power program.   (a) Definitions.  For  the
    50  purposes  of  this section, the following terms shall have the following
    51  meanings:
        S. 2810--C                         26                         A. 4010--C
 
     1    (1) "Applicable criteria" shall mean the criteria specified in  subdi-
     2  vision (c) of this section.
     3    (2)  "Authority"  shall  mean  the power authority of the state of New
     4  York.

     5    (3) "Recharge New York power allocation" or "allocation" shall mean an
     6  allocation of recharge New York power by  the  power  authority  of  the
     7  state  of  New  York pursuant to section one thousand five of the public
     8  authorities law to an eligible applicant recommended  by  the  New  York
     9  state  economic  development  power  allocation board in accordance with
    10  this section.
    11    (4) "Eligible applicant" shall mean  an  eligible  business,  eligible
    12  small  business,  or  eligible  not-for-profit corporation as defined in
    13  this section, provided however, that an  eligible  applicant  shall  not
    14  include  retail  businesses  as defined by the board, including, without
    15  limitation, sports venues, gaming  or  entertainment-related  establish-

    16  ments or places of overnight accommodation.
    17    (5)  "Eligible  business"  shall mean a business other than a not-for-
    18  profit corporation which  normally  utilizes  a  minimum  peak  electric
    19  demand in excess of four hundred kilowatts.
    20    (6)  "Eligible  not-for-profit  corporation"  shall mean a corporation
    21  defined in subdivision five of paragraph (a) of section one hundred  two
    22  of the not-for-profit corporation law.
    23    (7)  "Eligible small business" shall mean a business other than a not-
    24  for-profit corporation which normally utilizes a minimum  peak  electric
    25  demand equal to or less than four hundred kilowatts.
    26    (8)  "Recharge New York power" shall mean and consist of equal amounts

    27  of (i) four hundred fifty-five megawatts  of  firm  hydroelectric  power
    28  from  the  Niagara and Saint Lawrence hydroelectric projects to be with-
    29  drawn from utility corporations that, prior to  the  effective  date  of
    30  this section, purchased such power for the benefit of their domestic and
    31  rural  consumers  ("recharge  New  York  hydropower"),  and  (ii)  power
    32  procured by the authority through  a  competitive  procurement  process,
    33  authority  sources  (other than the Niagara and Saint Lawrence projects)
    34  or through an alternate  method  ("recharge  New  York  market  power");
    35  provided,  however,  that  if  such recharge New York market power comes
    36  from authority sources, the use of  that  power  shall  not  reduce  the

    37  availability of, or cause an increase in the price of, power provided by
    38  the authority for any other program authorized in this article or pursu-
    39  ant to any other statute.
    40    (b)  Applications  for  recharge  New York power allocations.  (1) The
    41  board may solicit applications for recharge New York  power  allocations
    42  under  the program created by this section by public notice beginning no
    43  later than February first, two thousand twelve.  Such notice may include
    44  newspaper advertisements, press releases,  website  postings,  paper  or
    45  electronic  mailing, and/or such other form of notice as the board finds
    46  appropriate in consultation with the authority.
    47    (2) Applications for recharge New York power allocations shall  be  in

    48  the  form  and contain such information, exhibits and supporting data as
    49  the board prescribes in consultation with the authority. A copy of  each
    50  application  received  shall  be made available for review by each board
    51  member, and a copy shall be provided to the authority.
    52    (3) An applicant who is a recipient of  a  hydroelectric  power  allo-
    53  cation  or  benefits  supported by the sale of hydroelectric power under
    54  another program administered in whole or part by the authority shall  be
    55  eligible  to  apply  for an allocation under the recharge New York power
    56  program only if it is in substantial  compliance  with  its  contractual
        S. 2810--C                         27                         A. 4010--C
 

     1  commitments made in connection with such other program, provided however
     2  that an applicant shall not receive a recharge New York power allocation
     3  and  any other authority power program benefits with respect to the same
     4  quantity of electricity consumed at a facility.
     5    (4)  Subject  to  confidentiality  requirements,  upon receipt of each
     6  application from the board, the authority shall promptly notify by elec-
     7  tronic means, including website postings  and  such  other  methods  the
     8  board  deems  appropriate in consultation with the authority, the gover-
     9  nor, the speaker of the assembly, the minority leader of  the  assembly,
    10  the  temporary  president  of  the  senate,  the  minority leader of the

    11  senate, and each member of the state legislature in whose  district  any
    12  portion of the facility for which an allocation is requested is located.
    13  Such  notice  shall provide the name and a description of the applicant,
    14  and the address of the facility for which the allocation  is  requested.
    15  The authority shall also develop a listing which contains the name and a
    16  description of each applicant, the recharge New York power program allo-
    17  cation  sought  by  each  applicant, and the address of the facility for
    18  which the applicant requests the allocation, and shall make the  listing
    19  available for public review on the authority's website.
    20    (c)  Review  applicable  criteria and recommendations.   (1) The board

    21  shall review applications submitted under the recharge  New  York  power
    22  program.  The  board  shall make an initial determination of whether the
    23  applicant is an eligible applicant. In the case of  an  eligible  appli-
    24  cant,  the  board  may  recommend to the authority that an allocation of
    25  recharge New York power be  awarded  to  an  applicant  for  a  facility
    26  located in the state of New York based on consideration of the following
    27  criteria  which shall be considered in the aggregate and no one of which
    28  shall be presumptively determinative:
    29    (i) the significance of the cost of  electricity  to  the  applicant's
    30  overall  cost of doing business, and the impact that a recharge New York
    31  power allocation will have on the applicant's operating costs;

    32    (ii) the extent to which a recharge New  York  power  allocation  will
    33  result in new capital investment in the state by the applicant;
    34    (iii)  the  extent  to  which  a recharge New York power allocation is
    35  consistent with any regional economic development council strategies and
    36  priorities;
    37    (iv) the type and cost of buildings, equipment and  facilities  to  be
    38  constructed,  enlarged  or installed if the applicant were to receive an
    39  allocation;
    40    (v) the applicant's payroll, salaries, benefits and number of jobs  at
    41  the  facility  for  which  a  recharge  New  York  power  allocation  is
    42  requested;
    43    (vi) the number of jobs that will be created or  retained  within  the

    44  state  in  relation to the requested recharge New York power allocation,
    45  and the extent to which the applicant will agree to commit  to  creating
    46  or  retaining  such jobs as a condition to receiving a recharge New York
    47  power allocation;
    48    (vii) whether the applicant, due to the cost  of  electricity,  is  at
    49  risk  of  closing  or  curtailing facilities or operations in the state,
    50  relocating facilities or operations  out  of  the  state,  or  losing  a
    51  significant  number  of  jobs in the state, in the absence of a recharge
    52  New York power allocation;
    53    (viii) the significance of the applicant's facility that would receive
    54  the recharge New York power allocation to the economy  of  the  area  in
    55  which such facility is located;

        S. 2810--C                         28                         A. 4010--C
 
     1    (ix)  the  extent  to which the applicant has invested in energy effi-
     2  ciency measures, will agree to participate in or perform  energy  audits
     3  of  its  facilities,  will  agree  to  participate  in energy efficiency
     4  programs of the authority, or will commit to implement or otherwise make
     5  tangible  investments  in  energy  efficiency measures as a condition to
     6  receiving a recharge New York power allocation;
     7    (x) whether the applicant receives a hydroelectric power allocation or
     8  benefits supported by the sale  of  hydroelectric  power  under  another
     9  program administered in whole or in part by the authority;

    10    (xi)  the  extent  to  which a recharge New York power allocation will
    11  result in an advantage for an applicant in relation to  the  applicant's
    12  competitors within the state; and
    13    (xii) in addition to the foregoing criteria, in the case of a not-for-
    14  profit  corporation, whether the applicant provides critical services or
    15  substantial benefits to the local community in which  the  facility  for
    16  which the allocation is requested is located.
    17    (2)  A  recommendation  by  the  board  that  the  authority provide a
    18  recharge New York  power  allocation  to  an  eligible  applicant  shall
    19  include, but need not be limited to:
    20    (i) the amount of the recharge New York power allocation the board has

    21  determined should be awarded to such eligible applicant, provided howev-
    22  er, that the board may recommend a recharge New York power allocation in
    23  an amount that is less than the amount requested by such applicant;
    24    (ii)  an effective initial term of the allocation and contract between
    25  the eligible applicant and the authority which shall  not  exceed  seven
    26  years,  provided  however  that  the  term  of  any  such allocation and
    27  contract shall not become effective  before  July  first,  two  thousand
    28  twelve;
    29    (iii)  provisions for effective periodic audits of the recipient of an
    30  allocation for the purpose of determining contract and  program  compli-
    31  ance, and for the partial or complete withdrawal of an allocation if the

    32  recipient  fails  to maintain mutually agreed upon commitments, relating
    33  to, among other things, employment levels,  power  utilization,  capital
    34  investments, and/or energy efficiency measures;
    35    (iv)  a requirement for an agreement by the recipient of an allocation
    36  to (A) undertake at its own expense an energy audit of its facilities at
    37  which the allocation is consumed at least once during the  term  of  the
    38  allocation  but  in  any  event  not  less  than  once every five years,
    39  provided, however, that such requirement may be waived  or  modified  by
    40  the  authority  on  a  showing  of  good cause by the recipient, and (B)
    41  provide the authority with a copy of any such audit or, at the  authori-

    42  ty's  option, a report describing the results of such audit, and provide
    43  documentation requested by the authority relating to the  implementation
    44  of any efficiency measures at the facilities; and
    45    (v)  a  requirement for an agreement by the recipient of an allocation
    46  to (A) make its facilities available at reasonable times  and  intervals
    47  for  energy audits and related assessments that the authority desires to
    48  perform, if any, at the authority's own expense, and (B) provide  infor-
    49  mation  requested by the authority or its designee in surveys, question-
    50  naires and other information requests relating to energy efficiency  and
    51  energy-related projects, programs and services.
    52    (3)  The  board's  recommendation  shall  require  that  if the actual

    53  metered load at the facility where the allocation is  utilized  is  less
    54  than  the  allocation,  such  allocation  will  be  reduced accordingly,
    55  provided that, under its contract  with  the  authority,  the  recipient
    56  shall  be afforded a reasonable period within which to fully utilize the
        S. 2810--C                         29                         A. 4010--C
 
     1  allocation, taking into  account  construction  schedules  and  economic
     2  conditions. The authority shall reallocate any withdrawn or relinquished
     3  power  for the recharge New York power program consistent with paragraph
     4  four of this subdivision.
     5    (4) The board may base its recommendation on which eligible applicants

     6  it determines best meet the applicable criteria; provided, however, that
     7  the  board  shall  dedicate  recharge  New York power as follows: (i) at
     8  least three hundred fifty megawatts for use at facilities located within
     9  the service territories of the utility corporations that, prior  to  the
    10  effective  date  of  this  section, purchased Niagara and Saint Lawrence
    11  hydroelectric power for the benefit of their domestic and rural  consum-
    12  ers;  (ii) at least two hundred megawatts for the purposes of attracting
    13  new business to the state, creating new business within  the  state,  or
    14  encouraging  the expansion of existing businesses within the state, that
    15  create new jobs or leverage new capital investment; and (iii) an  amount

    16  not  to  exceed  one hundred megawatts for eligible small businesses and
    17  eligible not-for-profit corporations.
    18    (5) The board shall issue a written  statement  of  its  findings  and
    19  conclusions  with  respect  to every application and the reasons for its
    20  recommendation to the authority.
    21    (6) A recommendation for a recharge New York  power  allocation  shall
    22  qualify  an applicant to enter into a contract with the authority pursu-
    23  ant to the terms and conditions of the recommendation by the  board  and
    24  on such other terms as the authority determines to be appropriate.
    25    (7)  The  board shall not recommend a total of recharge New York power
    26  allocations in excess of nine hundred ten megawatts.

    27    (d) The authority shall work  cooperatively  with  the  department  of
    28  public  service  to  recommend  to the public service commission reduced
    29  rates or an equivalent mechanism for  the  delivery  by  utility  corpo-
    30  rations  of recharge New York power program allocations. Any such recom-
    31  mendation for reduced delivery rates shall be at such level as to  allow
    32  the  utility  to  (i) recover the incremental cost of providing delivery
    33  service to such customers, and (ii) contribute to  the  common  delivery
    34  and related costs which otherwise would be borne by other customers.
    35    (e)  The  authority shall, at a minimum, report quarterly to the board
    36  on the availability of  recharge  New  York  power  for  the  subsequent

    37  twelve-month  period, the amount of such power allocated and other rele-
    38  vant information.
    39    (f) After an award of a recharge New York power allocation, the  board
    40  shall  accept  requests  from recipients who at the time of such request
    41  are eligible applicants who are in substantial compliance with  contrac-
    42  tual  commitments  made  in  connection with the recharge New York power
    43  program for an extension of an existing allocation (i) during the  twen-
    44  ty-four month period immediately preceding the expiration of the term of
    45  the  allocation,  or  (ii)  at such earlier time with the consent of the
    46  authority in writing. Requests for extensions shall  be  reviewed  using
    47  the  criteria  set  forth  in  paragraph  one of subdivision (c) of this

    48  section.
    49    (g) Transfers of recharge New York power.  Notwithstanding  any  other
    50  approval  required by statute, regulation or contract, the transfer of a
    51  recharge New York power  allocation  to  a  different  recipient,  to  a
    52  different owner or operator of a facility, or to a different facility is
    53  prohibited  unless specifically approved by the board as consistent with
    54  the criteria and requirements of this section. Any transfer that  occurs
    55  without  the  board's  approval  shall  be invalid and such transfer may
        S. 2810--C                         30                         A. 4010--C
 
     1  subject the transferor to revocation or modification of  its  allocation
     2  and contract.

     3    (h) (1) The board, in consultation with the authority, shall submit to
     4  the  governor,  temporary president of the senate, speaker of the assem-
     5  bly, minority leader of the senate and minority leader of  the  assembly
     6  an  evaluation  of  the  effectiveness  of  the  recharge New York power
     7  program.   Such evaluation shall focus on  how  the  program  has  aided
     8  recipients of power allocations, and may include recommendations for how
     9  the  program can be made more effective, and shall be based, in part, on
    10  the relative costs of power for recipients in comparison to the cost  of
    11  power  for non-recipients.  Such evaluation shall be submitted by Decem-
    12  ber thirty-first, two thousand  fifteen  and  by  December  thirty-first

    13  every five years thereafter.
    14    (2)  The board, with assistance from the authority, shall maintain the
    15  necessary records and data  required  to  perform  such  evaluation  and
    16  respond  to  requests  for  information  pursuant  to article six of the
    17  public officers law.
    18    § 3. Section 1005 of the public authorities law is amended by adding a
    19  new subdivision 13-a to read as follows:
    20    13-a. Recharge New York power program.  (a) Notwithstanding any  other
    21  provision  of  law  to the contrary, but subject to the terms and condi-
    22  tions of federal energy regulatory  commission  licenses,  to  allocate,
    23  reallocate or extend, directly or by sale for resale, up to nine hundred
    24  ten  megawatts of recharge New York power to eligible applicants located

    25  within the state of New York upon the recommendation  of  the  New  York
    26  state  economic  development  power allocation board pursuant to section
    27  one hundred eighty-eight-a of the economic development law.
    28    (b) Recharge New York power shall mean and consist of equal amounts of
    29  (1) four hundred fifty-five megawatts of firm hydroelectric  power  from
    30  the  Niagara  and Saint Lawrence hydroelectric projects to be withdrawn,
    31  as of the earliest date such power  may  be  withdrawn  consistent  with
    32  contractual  requirements,  from utility corporations that, prior to the
    33  effective date of this subdivision, purchased such power for the benefit
    34  of their domestic and rural consumers ("recharge New York  hydropower"),

    35  and  (2)  power  procured  by  the  authority  through market sources, a
    36  competitive procurement process, or authority sources  (other  than  the
    37  Niagara  and  Saint  Lawrence  projects)  (collectively or individually,
    38  "recharge New York market  power");  provided,  however,  that  if  such
    39  recharge  New York market power comes from authority sources, the use of
    40  that power shall not reduce the availability of, or cause an increase in
    41  the price of, power provided by the  authority  for  any  other  program
    42  authorized in this article or pursuant to any other statute.
    43    (c)  Notwithstanding  section  one  thousand nine of this title or any
    44  other provision of law to the contrary,  the  authority  is  authorized,

    45  beginning  July  first, two thousand twelve, to make available, contract
    46  with and sell to such eligible applicants  as  are  recommended  by  the
    47  economic development power allocation board up to nine hundred ten mega-
    48  watts  of  recharge  New  York  power  for recharge New York power allo-
    49  cations. A recharge New York power allocation  shall  consist  of  equal
    50  parts of recharge New York hydropower and recharge New York market power
    51  as  such  terms  are  defined  in  paragraph  (b)  of  this subdivision;
    52  provided, however, that prior to entering into a contract with an eligi-
    53  ble applicant for the sale of recharge New York power, and prior to  the
    54  provision  of  electric  service relating to the recharge New York power

    55  allocation, the authority shall offer each eligible applicant the option
    56  to decline to purchase the recharge New York market power  component  of
        S. 2810--C                         31                         A. 4010--C
 
     1  such  allocation.  If  an  eligible  applicant declines to purchase such
     2  market power from the authority, the authority shall have  no  responsi-
     3  bility for supplying such market power to the eligible applicant.
     4    § 4. Section 1005 of the public authorities law is amended by adding a
     5  new subdivision 13-b to read as follows:
     6    13-b. Residential consumer discount programs.  (a) Residential consum-
     7  er  electricity  cost  discount.   Notwithstanding any provision of this

     8  title or article six of the economic development law  to  the  contrary,
     9  the  authority  is  authorized,  as deemed feasible and advisable by the
    10  trustees, to use revenues from the sale of hydroelectric power, and such
    11  other funds of the authority as deemed feasible  and  advisable  by  the
    12  trustees,  to  fund  monthly payments to be made for the benefit of such
    13  classes of electricity consumers as enjoyed the  benefits  of  authority
    14  hydroelectric power withdrawn pursuant to subdivision thirteen-a of this
    15  section, for the purpose of mitigating price impacts associated with the
    16  reallocation  of such power in the manner described in this subdivision.
    17  Such monthly payments shall commence after such hydroelectric  power  is

    18  withdrawn.   The total annual amount of monthly payments for each of the
    19  three twelve month periods following withdrawal  of  such  hyrdoelectric
    20  power  shall  be one hundred million dollars. The total annual amount of
    21  monthly payments for each of the two  subsequent  twelve  month  periods
    22  shall  be seventy million dollars and fifty million dollars, respective-
    23  ly.  Thereafter, the total annual amount of monthly  payments  for  each
    24  twelve  month  period shall be thirty million dollars.  The total amount
    25  of monthly payments shall be apportioned  by  the  authority  among  the
    26  utility  corporations that, prior to the effective date of this subdivi-
    27  sion, purchased such hydroelectric power for the benefit of their domes-

    28  tic and rural consumers according to the relative amounts of such  power
    29  purchased  by  such corporations. The monthly payments shall be credited
    30  to the electricity  bills  of  such  corporations'  domestic  and  rural
    31  consumers  in a manner to be determined by the public service commission
    32  of the state of New York.   The monthly  credit  provided  by  any  such
    33  corporation to any one consumer shall not exceed the total monthly elec-
    34  tric utility cost incurred by such consumer.
    35    (b)  Agricultural  consumer  electricity cost discount.  (1) Beginning
    36  with the second twelve month period after such  hydroelectric  power  is
    37  withdrawn, up to eight million dollars of the residential consumer elec-

    38  tricity  cost  discount established by paragraph (a) of this subdivision
    39  shall be dedicated for monthly payments to  agricultural  producers  who
    40  receive  electric  service at the residential rate.  The total amount of
    41  monthly payments shall be apportioned by the authority among the utility
    42  corporations in the same manner as they are apportioned in paragraph (a)
    43  of this subdivision. Monthly payments shall be credited to the electric-
    44  ity bills of such corporations' agricultural consumers in a manner to be
    45  determined by the public service commission of the state  of  New  York.
    46  The  combined  monthly credit, under this paragraph and paragraph (a) of
    47  this subdivision, provided by any such corporation to any  one  consumer

    48  shall  not  exceed  the  total monthly electric utility cost incurred by
    49  such consumer.
    50    (2) The authority shall work  cooperatively  with  the  department  of
    51  public  service  to  evaluate the agricultural consumer electricity cost
    52  discount, which shall include an assessment of the benefits  to  recipi-
    53  ents  compared to the benefits the recipients received from the authori-
    54  ty's hydroelectric power, withdrawn pursuant to  subdivision  thirteen-a
    55  of  this section, during the twelve month period ending December thirty-
        S. 2810--C                         32                         A. 4010--C
 
     1  first, two thousand ten, and compared to  other  agricultural  consumers
     2  that did not choose to receive the discount.

     3    (c)  Energy  efficiency  program. (1) Beginning with the withdrawal of
     4  such hydroelectric power, the authority or the  New  York  state  energy
     5  research  and  development authority, shall conduct an energy efficiency
     6  program for five years to provide energy efficiency improvements for the
     7  purpose of reducing energy consumption for domestic and rural consumers.
     8  Such energy efficiency program may be  undertaken  in  cooperation  with
     9  other  energy efficiency programs offered by utility corporations, state
    10  agencies and authorities including but not limited to the New York state
    11  energy research and development authority; provided however that  energy
    12  savings  attributable to such other energy efficiency programs shall not

    13  be included in determining the amount of energy saved  pursuant  to  the
    14  program established by this paragraph;
    15    (2)  The  authority or the New York state energy research and develop-
    16  ment authority shall annually post on their website a report  evaluating
    17  the  energy efficiency program, including but not limited to, the number
    18  of domestic and rural consumers who opted to participate in the  program
    19  and,  if  practicable,  the  estimated  savings  the  domestic and rural
    20  consumers received by participating in the energy efficiency program.
    21    § 5. Section 1005 of the public authorities law is amended by adding a
    22  new subdivision 18 to read as follows:
    23    18. For the purpose of furnishing the state with  systematic  informa-

    24  tion  regarding  the  status  and  the  activities of the authority, the
    25  authority shall submit to the governor, the temporary president  of  the
    26  senate,  speaker  of the assembly, the minority leader of the senate and
    27  the minority leader of the assembly, within ninety days after the end of
    28  its fiscal year, a complete and detailed annual report on each  economic
    29  development  power  program  it  administers.  Such  annual report shall
    30  include, but not be limited to, the following information:
    31    a. the number of recipients of economic power  program  benefits,  the
    32  economic  region in which each recipient is located, the type and amount
    33  of assistance provided, megawatts of power awarded,  length  of  current

    34  contract, current contract compliance status, last audit, number of jobs
    35  retained  and/or added in the fiscal year, approximate energy efficiency
    36  savings and amount of power  reallocated  from  previous  years  due  to
    37  forfeited benefits; and
    38    b.  cost  to  the  authority  to  provide  economic  development power
    39  programs during the previous fiscal year.
    40    § 6. Transitional electricity discount. Notwithstanding any  provision
    41  of  title  1  of article 5 of the public authorities law or article 6 of
    42  the economic development law to the contrary, with respect to applicants
    43  who are in substantial compliance with all contractual  commitments  and
    44  receiving  benefits  under the power for jobs, energy cost savings bene-
    45  fit, economic development, high load factor  or  municipal  distribution

    46  agency  programs,  but do not receive a recommendation from the New York
    47  state economic development power allocation board  for  a  recharge  New
    48  York power allocation pursuant to section 188-a of the economic develop-
    49  ment  law,  such  board  shall recommend that the power authority of the
    50  state of New York provide for a  transitional  electricity  discount  to
    51  such applicants. The power authority of the state of New York is author-
    52  ized,  as deemed feasible and advisable by the trustees, to provide such
    53  transitional electricity discounts as recommended by the New York  state
    54  economic  development power allocation board. The power authority of the
    55  state of New York shall identify and advise such  board  whether  suffi-
    56  cient funds are available for the funding of such transitional electric-

        S. 2810--C                         33                         A. 4010--C
 
     1  ity  discounts  through  June 30, 2016.   The amount of the transitional
     2  electricity discount for the period July 1, 2012 through June  30,  2014
     3  shall  be equivalent to 66 percent of the unit (per kilowatt-hour) value
     4  of  the  savings  received  by the applicant under the power for jobs or
     5  energy cost savings benefit programs during  the  12  months  ending  on
     6  December  31,  2010. The amount of the transitional electricity discount
     7  for the period July 1, 2014 through June 30, 2016 shall be equivalent to
     8  33 percent of the unit (per kilowatt-hour) value of the savings received
     9  by the applicant under the power for jobs or energy cost savings benefit
    10  programs during the 12 months ending on December 31, 2010.
    11    § 7. Section 9 of chapter 316 of the laws of 1997 amending the  public

    12  authorities  law  and  other  laws relating to the provision of low cost
    13  power to foster statewide economic development, as  amended  by  chapter
    14  311 of the laws of 2010, is amended to read as follows:
    15    §  9.  This  act shall take effect immediately and shall expire and be
    16  deemed repealed [May 15, 2011] June 30, 2012.
    17    § 8. Section 11 of chapter 645  of  the  laws  of  2006  amending  the
    18  economic  development  law  and other laws relating to reauthorizing the
    19  New York power authority to make contributions to the general  fund,  as
    20  amended  by  chapter  311  of  the  laws  of 2010, is amended to read as
    21  follows:
    22    § 11.  This act shall take effect immediately and shall be  deemed  to
    23  have been in full force and effect on and after April 1, 2006; provided,
    24  however,  that the amendments to section 183 of the economic development

    25  law and subparagraph 2 of paragraph g of the  ninth  undesignated  para-
    26  graph of section 1005 of the public authorities law made by sections two
    27  and  six of this act shall not affect the expiration of such section and
    28  subparagraph, respectively, and shall be  deemed  to  expire  therewith;
    29  provided  further,  however,  that  the amendments to section 189 of the
    30  economic development law and subdivision 9 of section 186-a of  the  tax
    31  law  made  by  sections  three, four, five and ten of this act shall not
    32  affect the repeal of such section  and  subdivision,  respectively,  and
    33  shall  be  deemed  to  be repealed therewith; provided further, however,
    34  that section seven of this act shall expire and be deemed repealed  [May
    35  15, 2011] June 30, 2012.
    36    §  9.  Paragraphs  2  and  4  of subdivision (h) of section 183 of the

    37  economic development law, as amended by chapter 311 of the laws of 2010,
    38  are amended to read as follows:
    39    2. During the period commencing on November first, two  thousand  five
    40  and  ending  on [May fifteenth, two thousand eleven] June thirtieth, two
    41  thousand twelve eligible businesses shall only include customers  served
    42  under  the  power authority of the state of New York's high load factor,
    43  economic development power and other business customers served by  poli-
    44  tical  subdivisions  of  the  state  authorized  by law to engage in the
    45  distribution of electric power that were authorized to be served by  the
    46  authority from the authority's former James A. Fitzpatrick nuclear power
    47  plant  as  of  the effective date of this subdivision whose power prices
    48  may be subject to increase before [May fifteenth, two  thousand  eleven]

    49  June  thirtieth, two thousand twelve.  Provided, however, that the total
    50  amount of megawatts of replacement and preservation power which, due  to
    51  the  extension of the energy cost savings benefits, are not relinquished
    52  by or withdrawn from a recipient shall be deemed to be  relinquished  or
    53  withdrawn  for  purposes of offering such megawatts by the authority for
    54  reallocation pursuant to subdivision thirteen of  section  one  thousand
    55  five of the public authorities law. Provided, further, that for any such
    56  reallocation,  the authority shall maintain the same energy cost savings
        S. 2810--C                         34                         A. 4010--C
 
     1  benefit level for all eligible businesses using any available  authority
     2  resources  as  deemed feasible and advisable by the trustees pursuant to

     3  section seven of part U of chapter fifty-nine of the laws of  two  thou-
     4  sand six.
     5    4.  Applications  for  an  energy cost savings benefit shall be in the
     6  form and contain such information, exhibits and supporting data  as  the
     7  board  may  prescribe.  The board shall review the applications received
     8  and shall determine the applications which best meet the criteria estab-
     9  lished for the benefits pursuant to this subdivision and it shall recom-
    10  mend such applications to the power authority of the state of  New  York
    11  with such terms and conditions as it deems appropriate; provided, howev-
    12  er,  that  for  energy  cost  savings benefits granted on or after [June
    13  thirtieth, two thousand nine] May fifteenth, two thousand eleven through
    14  [May fifteenth,  two  thousand  eleven]  June  thirtieth,  two  thousand

    15  twelve, the board shall expedite the awarding of such benefits and shall
    16  defer the review of compliance with such criteria until after the appli-
    17  cant  has  been  awarded  an energy cost savings benefit. Such terms and
    18  conditions shall include reasonable provisions providing for the partial
    19  or complete withdrawal of the energy cost savings benefit in  the  event
    20  the  recipient  fails  to maintain mutually agreed upon commitments that
    21  may include, but are not  limited  to,  levels  of  employment,  capital
    22  investment  and  power  utilization.  Recommendation  for approval of an
    23  energy cost savings benefit shall qualify an  applicant  to  receive  an
    24  energy cost savings benefit from the power authority of the state of New
    25  York pursuant to the terms and conditions of the recommendation.
    26    §  10.  The  opening  paragraph  of  paragraph 5 of subdivision (a) of

    27  section 189 of the economic development law, as amended by  chapter  311
    28  of the laws of 2010, is amended to read as follows:
    29    "Power   for  jobs  electricity  savings  reimbursements"  shall  mean
    30  payments made by the power authority of the state of New York as  recom-
    31  mended  by  the board to recipients of allocations of power under phases
    32  four and five of the power for jobs program for a period of  time  until
    33  November  thirtieth,  two thousand four, subsequent to the expiration of
    34  their phase four or five power for jobs contract provided  however  that
    35  any  power  for  jobs  recipient  may  choose  to receive an electricity
    36  savings reimbursement as a substitute for a contract extension  for  the
    37  period  from  the  date  the  recipient's  contract expires through [May

    38  fifteenth] June thirtieth, two thousand [eleven]  twelve.    The  "basic
    39  reimbursement"  is  an amount that when credited against the recipient's
    40  actual "unit cost of electricity" during a quarter (meaning the cost for
    41  commodity and delivery per kilowatt-hour for the quantity of electricity
    42  purchased and delivered under the power for jobs program during a  simi-
    43  lar period in the final year of the recipient's contract), results in an
    44  effective unit cost of electricity during the quarter equal to the aver-
    45  age  unit  cost of electricity such recipient paid during the final year
    46  of the contract for power allocated under phase  four  or  five  of  the
    47  power  for jobs program, provided however that notwithstanding the fore-
    48  going, for the period July first, two thousand eleven through June thir-

    49  tieth, two thousand twelve, the basic reimbursement shall be  an  amount
    50  such  that  the  recipient receives unit (per kilowatt-hour) electricity
    51  savings equivalent to the  average  unit  electricity  savings  received
    52  during  the  twelve months ending on December thirty-first, two thousand
    53  ten.
    54    § 11. Subdivisions (f) and (l) of section 189 of the economic develop-
    55  ment law, as amended by chapter 311 of the laws of 2010, are amended  to
    56  read as follows:
        S. 2810--C                         35                         A. 4010--C
 
     1    (f)  Eligibility.  The  board  shall  recommend applications for allo-
     2  cations of power under the power for jobs program to or for the  use  of
     3  businesses  which  normally  utilize  a  minimum peak electric demand in

     4  excess of four hundred kilowatts; provided,  however,  that  up  to  one
     5  hundred  megawatts  of power available for allocation during the initial
     6  three phases of the power for jobs program may be recommended for  allo-
     7  cations  to  not-for-profit  corporations  and to small businesses; and,
     8  provided, further that up to seventy-five megawatts of  power  available
     9  for allocation during the fourth phase of the program may be recommended
    10  for  allocations to not-for-profit corporations and to small businesses.
    11  The board may require small businesses that normally utilize  a  minimum
    12  peak  electric  demand  of  less than one hundred kilowatts to aggregate
    13  their electric demand in amounts of no less than one hundred  kilowatts,
    14  for  the  purposes  of applying to the board for an allocation of power.
    15  The board shall recommend allocations of the  additional  three  hundred

    16  megawatts  available  during the fourth phase of the program to any such
    17  eligible applicant, including any recipient of  power  allocated  during
    18  the first phase of the program. The board shall recommend allocations of
    19  the  additional  one hundred eighty-three megawatts available during the
    20  fifth phase of the program to  any  eligible  applicant,  including  any
    21  recipient  of  power allocated during the second and third phases of the
    22  program; provided, however, that the term of contracts  for  allocations
    23  under the fifth phase of the program shall in no case extend beyond [May
    24  fifteenth,  two  thousand  eleven]  June thirtieth, two thousand twelve.
    25  Notwithstanding any provision of law to the contrary,  and,  in  partic-
    26  ular,  the  provisions of this chapter concerning the terms of contracts

    27  for allocations under the power for  jobs  program,  the  terms  of  any
    28  contract  with  a  recipient  of  power allocated under phase two of the
    29  power for jobs program that has expired or will expire on or before  the
    30  thirty-first  day  of  August,  two thousand two, may be extended by the
    31  power authority of the state of New York for  an  additional  period  of
    32  three  months  effective  on  the  date  of such expiration, pending the
    33  filing and approval of an application by such  recipient  for  an  allo-
    34  cation  under  the  fifth  phase  of  the  program.  The term of any new
    35  contract with such recipient under the fifth phase of the program  shall
    36  be deemed to include any three month contract extension made pursuant to
    37  this subdivision and the termination date of any such new contract under
    38  phase  five  shall  be  no later than if such new contract had commenced

    39  upon the expiration of the recipient's original phase two contract.  The
    40  terms  of  any  contract with a recipient of power allocated under phase
    41  four and/or phase five of the power for jobs program that has expired or
    42  will expire on or before the thirty-first day of December, two  thousand
    43  five,  may  be  extended by the power authority of the state of New York
    44  from a date beginning no earlier than the first  day  of  December,  two
    45  thousand four and extending through [May fifteenth, two thousand eleven]
    46  June thirtieth, two thousand twelve.
    47    (l)  The board shall solicit and review applications for the power for
    48  jobs electricity savings reimbursements  and  contract  extensions  from
    49  recipients  of  power for jobs allocations under phases four and five of
    50  the program for the award of such reimbursements and/or contract  exten-

    51  sions.  The  board  may  prescribe  a simplified form and content for an
    52  application for such reimbursements or extensions. An applicant shall be
    53  eligible for such reimbursements and/or extensions  only  if  it  is  in
    54  compliance  with  and  agrees  to continue to meet the job retention and
    55  creation commitments set forth in its prior power for jobs contract,  or
    56  such other commitments as the board deems reasonable; provided, however,
        S. 2810--C                         36                         A. 4010--C
 
     1  that  for  the  power  for  jobs  electricity savings reimbursements and
     2  contract extensions granted on or after [June  thirtieth,  two  thousand
     3  nine]  May  fifteenth,  two  thousand eleven through [May fifteenth, two

     4  thousand  eleven]  June  thirtieth, two thousand twelve, the board shall
     5  expedite the awarding of such reimbursements and/or extensions and shall
     6  defer the review of compliance with such  commitments  until  after  the
     7  applicant  has  been  awarded  a  power  for  jobs  electricity  savings
     8  reimbursement and/or contract extension. The  board  shall  review  such
     9  applications  and  make  recommendations  for  the  award:  1.  of  such
    10  reimbursements through the power authority of the state of New York  for
    11  a  period of time up to November thirtieth, two thousand four, and 2. of
    12  such contract extensions or reimbursements as applied for by the recipi-
    13  ent for a period of time beginning December first, two thousand four and
    14  ending [May fifteenth, two thousand eleven] June thirtieth, two thousand

    15  twelve.  At no time shall a recipient receive both a  reimbursement  and
    16  extension  after  December first, two thousand four. The power authority
    17  of the state of New York  shall  receive  notification  from  the  board
    18  regarding the award of power for jobs electricity savings reimbursements
    19  and/or contract extensions.
    20    §  12.  Subdivision  9  of section 186-a of the tax law, as amended by
    21  chapter 217 of the laws of 2009, is amended to read as follows:
    22    9. Notwithstanding any other provision of this chapter  or  any  other
    23  law  to  the contrary, for taxable periods nineteen hundred ninety-seven
    24  through and including two  thousand  [ten]  twelve,  any  utility  which
    25  delivers  power  under  the  power  for  jobs program, as established by
    26  section one hundred eighty-nine of the economic development  law,  shall

    27  be  allowed  a  credit,  subject to the limitations thereon contained in
    28  this subdivision, against the tax imposed under this  section  equal  to
    29  net  lost  revenues from the delivery of power under such power for jobs
    30  program. Net lost revenues means the "net receipts"  less  "net  utility
    31  revenue"  from such delivery of power. For purposes of this subdivision,
    32  "net receipts" shall mean the amount that the utility would have  other-
    33  wise  received from customers receiving power pursuant to allocations by
    34  the New York  state  economic  development  power  allocation  board  in
    35  accordance with section one hundred eighty-nine of the economic develop-
    36  ment  law, or from customers whose allocation has been transferred to an
    37  energy service company, or from energy service companies to  which  such
    38  allocation  has  been  transferred, pursuant to its tariff supervised by

    39  the public  service  commission  for  substantially  comparable  service
    40  otherwise  applicable  to  such customers or energy service companies in
    41  the absence of such  designation,  less  the  utility's  annual  average
    42  incremental  short-term  variable  and  capacity costs of providing such
    43  power in the absence of such purchase. For the purposes of this subdivi-
    44  sion, "net utility revenue" shall mean the revenues the utility actually
    45  receives in accordance with such section one  hundred  eighty-nine  from
    46  such  customers so designated by the New York state economic development
    47  power allocation board or  from  customers  whose  allocation  has  been
    48  transferred  to  an  energy  service company, or from the energy service
    49  companies to which a power for jobs  allocation  has  been  transferred,
    50  less  the  utility's  cost  of  such power under such program. Provided,

    51  however, that any credit under this section  shall  be  used  only  with
    52  respect  to  the  same  taxable  year during which such credit arose and
    53  shall not be capable of being carried forward or backward to  any  other
    54  taxable  period.  Nor shall any credit be allowed to any utility for the
    55  total amount of power, expressed in kilowatt  hours,  purchased  by  the
    56  customers  of  such utility under such program during the taxable period
        S. 2810--C                         37                         A. 4010--C
 
     1  that exceeds the prorated "baseline energy use" by all customers of that
     2  utility purchasing power under such program during the  taxable  period.
     3  "Baseline energy use" with respect to each customer shall mean the larg-
     4  est  amount of kilowatt hours of energy used by such customer during any

     5  twelve consecutive month period occurring during  the  preceding  thirty
     6  months  immediately  preceding  the  New York state economic development
     7  power allocation board's recommendation of such customer's  application,
     8  prorated  to  reflect the length of time of the customer's participation
     9  in such program during the taxable period.  Provided  further,  however,
    10  that  in  accordance with subdivision (k) of section one hundred eighty-
    11  nine of the economic development law no tax credit  shall  be  available
    12  for  any  revenue  losses  when a utility has declined to purchase power
    13  allocated for sale under such program. No electric corporation shall  be
    14  allowed  the  tax  credit  authorized by this subdivision until it shall
    15  file a certificate from the department of public service for the  period
    16  covered  by the return verifying that the calculation of such tax credit

    17  complies with this subdivision and the department of public service  has
    18  approved  such certificate and forwarded a copy of such approved certif-
    19  icate to the commissioner or any amended certificate resulting from  the
    20  need for correction. The credit allowed by this subdivision shall not be
    21  applicable  in  calculating  any  other  tax imposed or authorized to be
    22  imposed by this chapter or any other law, and  the  amount  of  the  tax
    23  surcharge imposed under section one hundred eighty-six-c of this article
    24  shall  be  calculated  and payable as if the credit provided for by this
    25  subdivision were not allowed.
    26    § 13. Subparagraph 2 of paragraph g of the  ninth  undesignated  para-
    27  graph of section 1005 of the public authorities law, as amended by chap-
    28  ter 217 of the laws of 2009, is amended to read as follows:

    29    2. The authority, as deemed feasible and advisable by the trustees, is
    30  authorized  to  make  payments to recipients of the power for jobs elec-
    31  tricity savings reimbursements and additional annual voluntary  contrib-
    32  utions  into  the state treasury to the credit of the general fund.  The
    33  authority shall make such contributions to the state treasury  no  later
    34  than  ninety  days  after the end of the calendar year in which a credit
    35  under subdivision nine of section one hundred eighty-six-a  of  the  tax
    36  law  is  available:  (a)  for  the additional three hundred megawatts of
    37  power under the fourth phase  of  the  program  provided  under  chapter
    38  sixty-three  of  the  laws of two thousand and under the fifth phase for
    39  the additional one hundred eighty-three megawatts provided under chapter
    40  two hundred twenty-six of the laws of two thousand two; and (b) for  any

    41  extension  of any contract for allocations under the fourth phase of the
    42  program and under the fifth phase of the program. Payments for any elec-
    43  tricity savings reimbursement under section one hundred  eighty-nine  of
    44  the  economic  development  law  shall be made pursuant to such section.
    45  Such annual contributions shall be equal to fifty percent of  the  total
    46  amount  of such credits available each year to all local distributors of
    47  electricity. In addition, such authorization for contribution  in  state
    48  fiscal  year  two thousand two--two thousand three shall be equal to the
    49  total amount of credit available in two thousand one  and  two  thousand
    50  two;  and  such  authorization for contribution in state fiscal year two
    51  thousand three--two thousand four shall be equal to the total amount  of
    52  credit  available  in  two  thousand  three;  under  subdivision nine of

    53  section one hundred eighty-six-a of the tax law under the  fourth  phase
    54  of the program for the additional three hundred megawatts provided under
    55  chapter  sixty-three  of  the  laws  of two thousand and under the fifth
    56  phase for the additional one  hundred  eighty-three  megawatts  provided
        S. 2810--C                         38                         A. 4010--C
 
     1  under chapter two hundred twenty-six of the laws of two thousand two. In
     2  state  fiscal year two thousand four--two thousand five, such authorized
     3  annual contribution shall be equal to one hundred percent of  the  total
     4  amount  of such credits available each year to all local distributors of
     5  electricity. Such authorization for contribution in state  fiscal  years
     6  two  thousand  four  and  two  thousand five shall be equal to the total

     7  amount of credit available in two thousand four and two  thousand  five;
     8  under  subdivision  nine  of section one hundred eighty-six-a of the tax
     9  law under the fourth phase of  the  program  for  the  additional  three
    10  hundred  megawatts provided under chapter sixty-three of the laws of two
    11  thousand and under the fifth phase for the additional one hundred eight-
    12  y-three megawatts provided under chapter two hundred twenty-six  of  the
    13  laws  of  two thousand two. In addition, such authorization for contrib-
    14  ution for any extension of any contract for allocations under the fourth
    15  phase of the program and under the fifth phase of the  program  in  each
    16  state  fiscal  year  shall  be  equal  to  the total amount of credit or
    17  reimbursement available in state  fiscal  year  two  thousand  four--two
    18  thousand five, state fiscal year two thousand five--two thousand six and

    19  two  thousand six--two thousand seven. Additionally, notwithstanding any
    20  other section of law, the authority is authorized to make a contribution
    21  in an amount related to total amounts of credit  received  under  phases
    22  one,  two,  three,  four  and  five of the program. In no case shall the
    23  contribution for state fiscal year two thousand five--two  thousand  six
    24  be  less  than  seventy-five million dollars. The contribution for state
    25  fiscal year two thousand six--two thousand seven shall  be  one  hundred
    26  million  dollars.  The  contribution  for state fiscal year two thousand
    27  seven--two thousand eight shall be thirty million dollars. The  contrib-
    28  ution  for state fiscal year two thousand eight--two thousand nine shall
    29  be twenty-five million dollars. The contribution for state  fiscal  year
    30  two thousand nine--two thousand ten shall be twelve million five hundred

    31  thousand  dollars.  The  contribution for state fiscal year two thousand
    32  ten--two thousand eleven shall be seven and  one-half  million  dollars.
    33  The contribution for state fiscal year two thousand eleven--two thousand
    34  twelve  shall  be  six million dollars. The department of public service
    35  shall estimate the payment due by the end of the calendar year in  which
    36  the credit is available. In no case shall the amount of the total annual
    37  contributions  for  the  years  during  which delivery and sale of power
    38  associated with all power for jobs phases  and  any  extensions  thereof
    39  takes  place  exceed  the  aggregate  total  of four hundred [sixty-one]
    40  seventy-five million [five hundred thousand] dollars.
    41    § 14. The opening paragraph of subdivision 5 of section  1005  of  the

    42  public  authorities  law, as amended by chapter 294 of the laws of 1968,
    43  is amended to read as follows:
    44    To develop, maintain, manage and operate those parts  of  the  Niagara
    45  and  Saint  Lawrence hydroelectric projects owned or controlled by it in
    46  such manner as to give effect to the policy  hereby  declared  (and  all
    47  plans  and  acts,  and all contracts for the use, sale, transmission and
    48  distribution of the power generated by such projects, shall be  made  in
    49  the  light of, consistent with and subject to this policy), namely, that
    50  such projects shall be in all respects for  the  aid,  improvement,  and
    51  benefit  of  commerce  and  navigation  in,  through, along and past the
    52  Niagara river, the Saint Lawrence river  and  the  international  rapids
    53  section  thereof,  and  that  in the development of hydro-electric power

    54  therefrom such projects shall be considered primarily as for the benefit
    55  of the people of the state as a whole [and particularly the domestic and
    56  rural consumers to whom the power can economically  be  made  available,
        S. 2810--C                         39                         A. 4010--C

     1  and  accordingly  that  sale to and use by industry shall be a secondary
     2  purpose, to be utilized principally to secure a sufficiently  high  load
     3  factor  and  revenue  returns  to  permit  domestic and rural use at the
     4  lowest  possible  rates  and  in  such  manner as to encourage increased
     5  domestic and rural use of electricity]. In furtherance  of  this  policy
     6  and to secure a wider distribution of such power and use of the greatest

     7  value  to  the general public of the state, the authority shall in addi-
     8  tion to other methods which it may find advantageous make  provision  so
     9  that  municipalities  and other political sub-divisions of the state now
    10  or hereafter authorized by law to engage in the distribution of electric
    11  power may secure a reasonable share  of  the  power  generated  by  such
    12  projects,  and  shall sell the same or cause the same to be sold to such
    13  municipalities and political subdivisions at prices representing cost of
    14  generation, plus capital and operating charges,  plus  a  fair  cost  of
    15  transmission,  all  as determined by the trustees, and subject to condi-
    16  tions which shall assure the resale of such power [to domestic and rural
    17  consumers] at the lowest possible  price,  provided,  however,  that  in
    18  disposing  of hydro-electric power pursuant to and in furtherance of the

    19  aforementioned policy and purposes, appropriate provision  may  also  be
    20  made to allocate a reasonable share of project power to agencies created
    21  or  designated  by  other  states  and authorized to resell the power to
    22  users under the same terms and conditions as power is disposed of in New
    23  York state. To that end, the authority may provide in  any  contract  or
    24  contracts  which it may make for the sale, transmission and distribution
    25  of the power  that  the  purchaser,  transmitter  or  distributor  shall
    26  construct, maintain and operate, on such terms as the authority may deem
    27  proper,  such  connecting  lines as may be necessary for transmission of
    28  the power from main transmission lines to such municipalities  or  poli-
    29  tical subdivisions.
    30    § 15. Subdivision 16 of section 1005 of the public authorities law, as
    31  added by chapter 217 of the laws of 2009, is REPEALED.

    32    § 16. Subdivision 16 of section 1005 of the public authorities law, as
    33  added  by chapter 477 of the laws of 2009, is renumbered subdivision 17,
    34  and paragraph (a) of such subdivision is amended to read as follows:
    35    (a) As deemed feasible and advisable by the trustees, to  finance  and
    36  design, develop, construct, implement, provide and administer energy-re-
    37  lated  projects,  programs  and  services  for any public entity and any
    38  recipient of the economic development power, expansion  power,  replace-
    39  ment  power,  preservation  power,  high  load  factor  power, municipal
    40  distribution agency power, [and the] power for jobs,  and  recharge  New
    41  York  power  programs administered by the authority. In establishing and
    42  providing  high  performance  and  sustainable  building  programs   and

    43  services  authorized by this subdivision, the authority is authorized to
    44  consult standards, guidelines, rating systems,  and/or  criteria  estab-
    45  lished  or  adopted by other organizations, including but not limited to
    46  the United States green building council under its leadership in  energy
    47  and  environmental  design  (LEED)  programs,  the green building initi-
    48  ative's green globes rating system, and the American National  Standards
    49  Institute.  The  source  of  any  financing and/or loans provided by the
    50  authority for the purposes of this subdivision may be  the  proceeds  of
    51  notes  issued pursuant to section one thousand nine-a of this title, the
    52  proceeds of bonds issued pursuant to section one thousand  ten  of  this
    53  title, or any other available authority funds.
    54    §  17.  Section  2  of  chapter  477 of the laws of 2009, amending the

    55  public authorities law relating to energy efficiency  and  clean  energy
        S. 2810--C                         40                         A. 4010--C
 
     1  initiatives  of the power authority of the state of New York, is amended
     2  to read as follows:
     3    §  2.  This  act shall take effect immediately [and shall expire three
     4  years after it shall have become a law; provided  that  such  expiration
     5  shall not affect the validity of any energy services contract authorized
     6  by this act and entered into prior to its expiration].
     7    §  18.  The  opening paragraph of subdivision 6 of section 1005 of the
     8  public authorities law, as amended by chapter 294 of the laws  of  1968,
     9  is amended to read as follows:
    10    To  develop,  maintain, manage and operate its projects other than the

    11  Niagara and Saint Lawrence hydroelectric projects so as (i)  to  provide
    12  an  adequate  supply of energy for optimum utilization of its hydroelec-
    13  tric projects, (ii) to attract and expand  high  load  factor  industry,
    14  (iii)  to provide for the additional needs of its municipal electric and
    15  rural electric cooperative customers, (iv) to provide a supply of  power
    16  and  energy  for  use in the recharge New York power program as recharge
    17  New York market power, and  [(iv)]  (v)  to  assist  in  maintaining  an
    18  adequate, dependable electric power supply for the state.
    19    §  19. Severability clause. If any clause, sentence, paragraph, subdi-
    20  vision, section or part of this act shall be adjudged by  any  court  of
    21  competent  jurisdiction  to  be invalid, such judgment shall not affect,

    22  impair, or invalidate the remainder thereof, but shall  be  confined  in
    23  its  operation  to the clause, sentence, paragraph, subdivision, section
    24  or part thereof directly involved in the controversy in which such judg-
    25  ment shall have been rendered. It is hereby declared to be the intent of
    26  the legislature that this act would  have  been  enacted  even  if  such
    27  invalid provisions had not been included therewith.
    28    § 20. This act shall take effect immediately; provided that:
    29    a.  the amendments to section 183 of the economic development law made
    30  by section nine of this act shall not  affect  the  expiration  of  such
    31  section and shall be deemed to expire therewith;
    32    b.  the amendments to section 189 of the economic development law made
    33  by sections ten and eleven of this act shall not affect  the  repeal  of
    34  such section and shall be deemed repealed therewith;

    35    c.  the  amendments  to  subdivision 9 of section 186-a of the tax law
    36  made by section twelve of this act shall not affect the repeal  of  such
    37  subdivision and shall be deemed repealed therewith; and
    38    d. the amendments to subparagraph 2 of paragraph g of the 9th undesig-
    39  nated  paragraph  of  section 1005 of the public authorities law made by
    40  section thirteen of this act shall not affect  the  expiration  of  such
    41  subparagraph and shall be deemed to expire therewith.
 
    42                                   PART DD
 
    43    Section  1.  The  New  York  state urban development corporation shall
    44  submit for approval to the director of the budget a comprehensive finan-
    45  cial plan for the corporation and  its  subsidiaries  for  expenditures,
    46  regardless  of  source, including but not limited to those from the debt
    47  service account, the excess debt service account, the housing repair and

    48  modernization fund account, the interest income account, and the econom-
    49  ic development income account, in such detail as  the  director  of  the
    50  budget may require. The director of the budget shall file copies of such
    51  financial  plan with the senate finance committee, the assembly ways and
    52  means committee and the department of audit and control  in  both  paper
    53  and electronic format.
        S. 2810--C                         41                         A. 4010--C
 
     1    §  2. 1. Notwithstanding any provision of law to the contrary, the New
     2  York state urban development corporation shall  establish  accounts  and
     3  subaccounts  within the treasury of such corporation which shall reflect
     4  and consist of all funds made available  to  such  corporation,  at  any
     5  time,  from  any  sources for its corporate purposes. Such account shall

     6  consist of, but not be limited to, the following:
     7    (i) general and administrative accounts, which shall  consist  of  all
     8  funds made available for the operational expenses of such corporation;
     9    (ii)  general and administrative accounts of certain subsidiary corpo-
    10  rations, which shall consist of all funds made available for the  opera-
    11  tional  expenses  of  the  mortgage  loan enforcement and administration
    12  corporation and  the  42nd  street  development  project,  incorporated,
    13  provided,  however, that such subsidiary shall be established as a sepa-
    14  rate account;
    15    (iii) debt service account, which shall  consist  of  all  funds  made
    16  available  for  debt  service  payments on the outstanding general obli-
    17  gations of the corporation where the original issue  of  such  bonds  or
    18  notes  was  prior  to  April  1,  1976, and including any refinancing or

    19  renewal of such bonds and notes, provided such account shall not, in any
    20  manner, reduce any debt service reserve fund below  a  level  agreed  to
    21  pursuant  to  a  statute,  covenant or other contract between the corpo-
    22  ration and such bondholders or noteholders;
    23    (iv) excess debt service account, which shall  consist  of  all  funds
    24  made  available from the net savings achieved as a result of the refund-
    25  ing of the corporation's general purpose bonds  authorized  pursuant  to
    26  resolution number 96-ud-526 of the public authorities control board. Net
    27  savings  shall  be  determined  by  the  difference  between annual debt
    28  service payments which would have been required pursuant to the refunded
    29  bonds and the annual debt service payments for the corporation's  corpo-
    30  rate purpose bonds issued to accomplish such refunding;

    31    (v) housing repair and modernization fund account, which shall consist
    32  of  funds  made available from the excess debt service account to assist
    33  in maintaining the residential and commercial portfolios of  the  corpo-
    34  ration as determined by the chairman of the corporation or his designee;
    35    (vi) buildout account, which shall consist of all funds made available
    36  for the payment of expenses associated with final settlements on remain-
    37  ing issues of construction costs and mortgage amounts on residential and
    38  nonresidential projects financed by the corporation;
    39    (vii)  project  repair  account, which shall consist of all funds made
    40  available for the maintenance, servicing or repairing of  real  property
    41  in  the residential, industrial and commercial portfolios of such corpo-
    42  rations;
    43    (viii) economic development income account, which shall consist of all

    44  payments, including payments to compensate for any funds, time or  other
    45  costs provided by the corporation in relation to nonresidential projects
    46  and all other reimbursable corporate service income from economic devel-
    47  opment  projects and payments which are provided to such corporation for
    48  purposes of repayment of funds in  respect  to  any  contract  or  other
    49  agreements entered into by the corporation which are attributable to any
    50  economic development project of the corporation, provided, however, that
    51  such  account  shall not include funds representing repayments which are
    52  to be returned to the  development  of  such  project  pursuant  to  any
    53  contract or other agreement entered into by the corporation;
    54    (ix)  economic  development  program and project accounts, which shall
    55  consist of all funds made available for  specific  economic  development

    56  programs  and  projects excluding any program or project authorized by a
        S. 2810--C                         42                         A. 4010--C
 
     1  resolution or other action of the corporation prior to  April  1,  1976,
     2  and  excluding  any  residential  project,  provided, however, that each
     3  specified program and project shall be established as a separate account
     4  unless otherwise authorized pursuant to an appropriation;
     5    (x) new communities and community support account, which shall consist
     6  of  all funds made available for, and all income received from the Audu-
     7  bon and Radisson communities;
     8    (xi) Roosevelt  Island  operating  corporation  account,  which  shall
     9  consist  of  all  funds made available for, and all income received from
    10  the Roosevelt Island community;
    11    (xii) interest income account,  which  shall  consist  of  all  moneys

    12  earned  by the corporation from investment of any funds available in the
    13  accounts and subaccounts within the treasury of the corporation; and
    14    (xiii) mortgage servicing fee account,  which  shall  consist  of  all
    15  funds made available to the mortgage loan enforcement and administration
    16  corporation  for  the  payment  of  fees  to the housing special revenue
    17  account of the miscellaneous special revenue fund  associated  with  the
    18  provision  of  mortgage  servicing activities by the division of housing
    19  and community renewal.
    20    2. The amounts deposited in any such account may be interchanged  with
    21  any  other  account  for  purposes  of investment and may be commingled,
    22  provided, however, that such interchange may not  increase  or  decrease
    23  any  account,  other  than  the  debt  service account, and the interest
    24  income account, by more than five percent in the aggregate in the entire

    25  period of any fiscal year of the corporation. Provided further, that  in
    26  addition  to  any other specific exception provided for in this section,
    27  the following exemptions to the above interchange provision shall  apply
    28  for  the  purposes  of  the  debt  service  account, the interest income
    29  account, the project repair account, the mortgage servicing fee account,
    30  the general and administrative account of the mortgage loan  enforcement
    31  and  administration  corporation,  excess  debt service account, housing
    32  repair and modernization fund account, Roosevelt Island operating corpo-
    33  ration account and the economic development income account:
    34    (i) Interchange from the debt service account  to  any  other  account
    35  shall be unlimited, but all such transfers from the debt service account
    36  shall  be  repaid  quarterly to such account on or before June 30, 2011,

    37  September 30, 2011, December 31, 2011 and March 31,  2012,  except  for:
    38  (A)  $30,762,000  which shall be transferred to the general and adminis-
    39  trative account from the debt service account during  the  state  fiscal
    40  year  commencing April 1, 2011, and such amount of $30,762,000 shall not
    41  be repaid to the debt service account; (B)  $2,000,000  which  shall  be
    42  transferred to the general and administrative account of the 42nd street
    43  development  project, incorporated and which shall be repaid pursuant to
    44  a repayment agreement as set out in paragraph (vi) of this subdivision.
    45    (ii) Interchange from the excess debt service account shall be  unlim-
    46  ited,  but all such transfers from the excess debt service account shall
    47  be repaid quarterly to such account on or before June 30, 2011,  Septem-
    48  ber 30, 2011, December 31, 2011, and March 31, 2012, except for:  (A) an

    49  amount  sufficient  to  fund  the  housing repair and modernization fund
    50  account to assist in maintaining the residential and commercial  portfo-
    51  lios of the corporation as determined by the chairman of the corporation
    52  or  his  designee; (B) an amount necessary to invest in the job develop-
    53  ment authority, as certified by the chairman of  the  authority  or  his
    54  designee, to provide funds in order to pay lawful debts of the authority
    55  provided  that  the corporation shall not make any payment or investment
    56  for the benefit of the authority unless and until it  has  independently
        S. 2810--C                         43                         A. 4010--C
 
     1  verified  that the authority does not have sufficient funds available to
     2  pay its lawfully incurred  debts  and  obligations,  and  with  any  net

     3  savings  which  remain  and are available; (C) all remaining balances of
     4  funds  contained in the excess debt service account shall be remitted to
     5  the credit of the state of New York general fund not  later  than  March
     6  31, 2011.
     7    (iii)  Interchange from the interest income account, other than to the
     8  general and administrative account of the mortgage loan enforcement  and
     9  administration corporation, may be unlimited.
    10    (iv) Interchange to the project repair account from any account may be
    11  unlimited,  and the corporation shall transfer up to $10,000,000 to such
    12  account from any account during the  fiscal  year  commencing  April  1,
    13  2011, and such amount up to $10,000,000 shall not be repaid.
    14    (v)  Interchange between the general and administrative account of the
    15  mortgage loan enforcement and administration corporation and  any  other

    16  account  shall  comply with the provisions specified herein, except that
    17  up to $1,700,000 shall be transferred  to  such  subsidiary  corporation
    18  during  the  fiscal  year  commencing  April 1, 2011 and any such amount
    19  shall not be repaid.
    20    (vi) An advance up to $2,000,000 may be made  from  the  debt  service
    21  account  to  the  general  and administrative account of the 42nd street
    22  development project, incorporated, provided, however, that  before  such
    23  advance  is  made the New York state urban development corporation shall
    24  enter into an agreement with the director of the  budget  providing  for
    25  repayment  of  such  advance. Subject to the approval of the director of
    26  the budget, and notification of the chairs  of  the  assembly  ways  and
    27  means  and  the  senate  finance committees in both paper and electronic

    28  format, the corporation is hereby authorized to expend revenues  of  the
    29  project  for  services and expenses of the corporation. The total amount
    30  expended by the 42nd street development project, incorporated shall  not
    31  exceed  $2,000,000  and any unexpended project revenues shall be used to
    32  reduce the total advance provided to the project from the  debt  service
    33  account.
    34    (vii)  Interchange  from  the  debt  service  account  to the mortgage
    35  servicing fee account of the  mortgage  loan  enforcement  and  adminis-
    36  tration  corporation  shall comply with the provisions specified herein,
    37  except that up to $2,838,000  shall  be  transferred  to  such  mortgage
    38  servicing  fee  account  during the fiscal year commencing April 1, 2011
    39  and such amount shall not be repaid. Prior  to  the  allocation  of  any
    40  moneys  from  the  debt  service  account to the 42nd street development

    41  project, incorporated, and the mortgage loan  enforcement  and  adminis-
    42  tration  corporation  for the fiscal year commencing April 1, 2011, each
    43  corporation shall submit for approval to the director of the  budget,  a
    44  comprehensive  financial plan for each corporation for such fiscal year,
    45  in such detail as the director of the budget shall require in both paper
    46  and electronic format. The financial plan  shall  be  submitted  to  the
    47  budget  director  on  or before May 15, 2011. A report for each plan and
    48  any plan update, if necessary, shall be submitted to the director of the
    49  budget on or before August 15, 2011, November 15, 2011 and February  15,
    50  2012. Each such report shall provide the actual revenue and expenditures
    51  for  the preceding quarters ending June 30, 2011, September 30, 2011 and
    52  December 31, 2011, in such detail as the director of  the  budget  shall

    53  require.  Further,  any  plan  update shall revise, where necessary, the
    54  revenue and expenditure plan for each corporation for the  remainder  of
    55  the  fiscal  year  beginning  April  1, 2011. No transfer to the general
    56  administrative account of the  corporation  shall  occur  prior  to  the
        S. 2810--C                         44                         A. 4010--C
 
     1  approval  of  the  financial  plan  and  unless  in  compliance with the
     2  approved financial plan.
     3    The  director of the budget shall file copies of such financial plans,
     4  quarterly reports and any plan updates with the department of audit  and
     5  control and the senate finance committee and the assembly ways and means
     6  committee  in  both paper and electronic format. Interchange made to the
     7  debt service account shall not be repaid if such  payment  would  reduce

     8  any  debt  service or debt service reserve requirements below any amount
     9  required pursuant to a covenant, contract or other agreements  with  the
    10  bondholders  and noteholders. No payments or deposits shall be made from
    11  any debt service reserve fund established pursuant to the provisions  of
    12  section  20  of  the New York state urban development corporation act to
    13  any account of the corporation other than the debt service account;  and
    14  such payment or deposit shall only occur if deemed necessary to meet the
    15  payments specified in the debt service account described herein.
    16    Provided  further,  (a) that such investment shall be made pursuant to
    17  the provisions of subdivision 22 of section 5  of  the  New  York  state
    18  urban  development  corporation  act;  (b) that such investment shall be
    19  made in a fashion which shall enable the corporation to timely meet  its

    20  obligations; (c) that such investment shall be specified in each account
    21  in  respect to the amount contributed, and that upon termination of such
    22  investment each account shall be reimbursed. Such account and subaccount
    23  shall be included in  detailed  quarterly  reports  of  the  corporation
    24  commencing  with the quarterly report for the period immediately preced-
    25  ing April 1, 2011 which set forth  the  status  of  all  such  accounts,
    26  including for each account and subaccount the amount in such accounts at
    27  the  beginning  of such quarter (from and including the entire period of
    28  the first day of the operative calendar  year),  the  payments  of  such
    29  accounts,  the  payments  from  such  accounts  and  the  amount in such
    30  accounts at the close of such quarter (to and including the entire peri-
    31  od of the last day of the operative calendar year). Such detailed  quar-

    32  terly report shall be prepared and submitted within 30 days of the close
    33  of each fiscal quarter of the corporation to the director of the budget,
    34  and  the  chair  of  the  senate  finance committee and the chair of the
    35  assembly ways and means committee in both paper and  electronic  format.
    36  Such  accounts and subaccounts shall be detailed in the annual report of
    37  the corporation.
    38    No disbursements or payments shall be made from the economic  develop-
    39  ment income account or the interest income account except upon a request
    40  for  the  transfer of such funds to the director of the budget who shall
    41  file such request and approval thereof with the department of audit  and
    42  control  and  copies  thereof  with the senate finance committee and the
    43  assembly ways and means committee in both paper and  electronic  format,
    44  except  that  such  prior  approval  shall not be required in respect to

    45  repayments to the state. Any amounts in any debt service reserve  funds,
    46  any  inconsistent  provisions of law notwithstanding, established by the
    47  corporation pursuant to the provisions of section 20  of  the  New  York
    48  state  urban  development  corporation  act,  which would not reduce the
    49  amount of such fund or funds to less than  (1)  the  maximum  amount  of
    50  principal  and  interest  maturing  and  becoming due in 2011 or (2) any
    51  amount required pursuant to a covenant, contract or other agreement with
    52  bondholders and noteholders shall be paid  by  the  corporation  to  the
    53  state  comptroller  for deposit to the credit of the general fund of the
    54  state on or before March 1, 2012.   In the event  that  the  corporation
    55  shall fail to make such payment, the comptroller shall withhold from any
    56  appropriations otherwise available to the corporation, the amount suffi-

        S. 2810--C                         45                         A. 4010--C
 
     1  cient  to pay to the general fund the amounts required to be paid by the
     2  corporation pursuant to the foregoing provisions. The state  comptroller
     3  shall create accounts for each item of appropriation.
     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,  2011;  and
     6  provided  further that sections one and two of this act shall expire and
     7  be deemed repealed March 31, 2012.
 
     8                                   PART EE
 
     9    Section 1. Subdivision 1 of section 12 of section 1 of chapter 174  of
    10  the  laws  of  1968  constituting  the  New York state urban development
    11  corporation act is amended by adding a  new  undesignated  paragraph  to
    12  read as follows:

    13    The empire state new market corporation, a community development enti-
    14  ty  certified  by the United States Department of the Treasury Community
    15  Development Financial Institutions Fund and a  corporate  subsidiary  of
    16  the  corporation,  by resolution, may direct any of its directors, offi-
    17  cers, or employees to  form  limited  liability  companies  pursuant  to
    18  section 203 of the limited liability company law for the sole purpose of
    19  certifying  and  performing as community development entities that would
    20  be eligible to receive an  allocation  of  tax  credits  under  the  new
    21  markets  tax credit program.  No limited liability company formed pursu-
    22  ant to this section shall merge or consolidate.  Each limited  liability

    23  company  shall act solely in relation to projects selected by the corpo-
    24  ration, or a corporate  subsidiary  of  the  corporation.  Each  limited
    25  liability  company  shall  be  empowered to receive an allocation of tax
    26  credits from a federal allocation to the  corporation,  or  a  corporate
    27  subsidiary  of the corporation, under the new markets tax credit program
    28  and to do any other act or things incidental to or  connected  with  the
    29  foregoing  purposes  or  in advancement thereof.   The corporation, or a
    30  corporate subsidiary of the corporation, shall be the managing member of
    31  each limited liability company created by the corporation. In  determin-
    32  ing  which projects to allocate tax credits to under the new markets tax

    33  credit program, the corporation shall prioritize projects  demonstrating
    34  one or more of the following goals or benefits:  (a) creating or retain-
    35  ing  jobs  in  low  income  communities; (b) increasing the provision of
    36  goods and services for low income community residents which would other-
    37  wise not be available at the  same  price  or  quality;  (c)  supporting
    38  minority and women-owned or controlled businesses; (d) expanding housing
    39  opportunities  for low income community persons; (e) supporting environ-
    40  mentally sustainable outcomes; and (f) supporting efforts that otherwise
    41  benefit low income community residents by leveraging further  investment
    42  in  their communities.  Provided further, such projects shall be limited

    43  to projects that would be authorized under this act and shall be subject
    44  to approval by the board of the  urban  development  corporation.    The
    45  corporation  shall  publish  information  regarding  the process used to
    46  select projects to receive the new markets tax  credits  and  provide  a
    47  copy to the temporary president of the senate, the speaker of the assem-
    48  bly,  the  minority  leader of the senate and the minority leader of the
    49  assembly. The corporation shall strive for  regional  diversity  in  the
    50  allocation of tax credits under the new markets tax credit program.  The
    51  corporation  shall  include  in the information required to be submitted
    52  annually in accordance with the provisions of subdivision 1  of  section

    53  2800  of  the  public  authorities  law information regarding assistance
    54  provided by it or its  subsidiary  under  the  new  markets  tax  credit
        S. 2810--C                         46                         A. 4010--C
 
     1  program,  and  shall  provide  financial information with respect to any
     2  subsidiary administering the  program  in  the  corporation's  financial
     3  reports, including its certified audited financial statements.
     4    §  2.  This  act shall take effect immediately and shall expire and be
     5  deemed repealed 5 years after such effective date.
     6    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     7  sion, section or part of this act shall be  adjudged  by  any  court  of
     8  competent  jurisdiction  to  be invalid, such judgment shall not affect,

     9  impair, or invalidate the remainder thereof, but shall  be  confined  in
    10  its  operation  to the clause, sentence, paragraph, subdivision, section
    11  or part thereof directly involved in the controversy in which such judg-
    12  ment shall have been rendered. It is hereby declared to be the intent of
    13  the legislature that this act would  have  been  enacted  even  if  such
    14  invalid provisions had not been included herein.
    15    §  3.  This  act shall take effect immediately provided, however, that
    16  the applicable effective date of Parts A through EE of this act shall be
    17  as specifically set forth in the last section of such Parts.