S T A T E O F N E W Y O R K
________________________________________________________________________
6008
2015-2016 Regular Sessions
I N A S S E M B L Y
March 9, 2015
___________
Introduced by COMMITTEE ON RULES -- read once and referred to the
Committee on Ways and Means
AN ACT to amend part U1 of chapter 62 of the laws of 2003 amending the
vehicle and traffic law and other laws relating to increasing certain
motor vehicle transaction fees, in relation to the effectiveness ther-
eof; and to amend chapter 84 of the laws of 2002, amending the state
finance law relating to the costs of the department of motor vehicles,
in relation to extending provisions relating to the payment of depart-
ment of motor vehicle costs from the dedicated highway and bridge
trust fund (Part A); intentionally omitted (Part B); to amend the
transportation law, in relation to fees for motor carriers; and to
repeal certain provisions of such law relating thereto (Part C); to
amend chapter 413 of the laws of 1999, relating to providing for mass
transportation payments, in relation to including Ontario county to
the Rochester-Genesee Regional Transportation District (Part D); to
amend the state finance law, in relation to creating a transit assist-
ance for capital investments fund (Part E); authorizing the department
of transportation to defer reductions in service payments for two
years (Part F); intentionally omitted (Part G); intentionally omitted
(Part H); to amend the vehicle and traffic law, the criminal procedure
law and the transportation law, in relation to the issuance of commer-
cial learner's permits and the disqualification of commercial driver's
licenses and commercial learner's permits (Part I); to amend public
authorities law, in relation to decreasing state responsibility for
certain costs incurred by the New York state thruway authority (Part
J); intentionally omitted (Part K); intentionally omitted (Part L); to
amend the New York state urban development corporation act, in
relation to extending certain provisions relating to the empire state
economic development fund (Part M); to amend chapter 393 of the laws
of 1994, amending the New York state urban development corporation
act, relating to the powers of the New York state urban development
corporation to make loans, in relation to the effectiveness thereof
(Part N); to authorize and direct the New York state energy research
and development authority to make a payment to the general fund of up
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD20006-01-5
A. 6008 2
to $913,000 (Part O); to authorize the New York state energy research
and development authority to finance a portion of its research, devel-
opment and demonstration and policy and planning programs, and to
finance the department of environmental conservation's climate change
program, from an assessment on gas and electric corporations (Part P);
to amend chapter 261 of the laws of 1988 amending the state finance
law and other laws relating to the New York infrastructure trust fund,
in relation to the effectiveness of article 15-A of the executive law
(Part Q); to authorize the department of health to finance certain
activities with revenues generated from an assessment on cable tele-
vision companies (Part R); to amend chapter 58 of the laws of 2012
amending the public authorities law relating to authorizing the dormi-
tory authority to enter into certain design and construction manage-
ment agreements, in relation to extending certain authority of the
dormitory authority of the state of New York (Part S); to amend chap-
ter 21 of the laws of 2003, amending the executive law relating to
permitting the secretary of state to provide special handling for all
documents filed or issued by the division of corporations and to
permit additional levels of such expedited service, in relation to
extending the expiration date thereof (Part T); to amend the real
property law, in relation to eliminating certain fees charged for an
apartment information vendor license (Part U); to amend the agricul-
ture and markets law, in relation to eliminating certain license fees
(Part V); to amend part B of chapter 173 of the laws of 2013 relating
to the issuance of securitized restructuring bonds to refinance the
outstanding debt of the Long Island power authority, in relation to
the issuance of securitized restructuring bonds to refinance outstand-
ing debt of the Long Island power authority (Part W); to amend the
navigation law and the state finance law, in relation to license fees
and surcharges for the transfer of petroleum between vessels, between
facilities and vessels, and between facilities, whether onshore or
offshore (Part X); to amend the environmental conservation law, in
relation to operating permit program fees, state air quality control
fees and state pollutant discharge elimination system program fees
(Part Y); intentionally omitted (Part Z); to amend the state finance
law and the environmental conservation law, in relation to establish-
ing a habitat conservation and access account; to repeal certain
provisions of the state finance law relating thereto; and providing
for the repeal of certain provisions upon the expiration thereof (Part
AA); to amend the local finance law, in relation to establishing a ten
year period of probable usefulness for municipally owned omnibus or
surface transit motor vehicles (Part BB); to amend the vehicle and
traffic law, in relation to directing the city of Buffalo to adjudi-
cate traffic infractions; and in relation to certain penalties and
forfeited security collected by the city of Buffalo and granting a
traffic violations agency certain powers; to amend the general munici-
pal law, in relation to establishing the Buffalo traffic violations
agency; to amend the state finance law, in relation to the justice
court fund; to amend the criminal procedure law, in relation to a
trial by judicial hearing officer; and requires the executive director
of the Buffalo traffic violations agency to annually issue a report on
the progress, development and operations of such agency (Part CC); to
amend the transportation law, in relation to establishing the tempo-
rary advisory board on upstate transit funding; and providing for the
repeal of such provisions upon expiration thereof (Part DD); to amend
the public authorities law, in relation to certain reports of the New
A. 6008 3
York state thruway authority relating to the New York state special
infrastructure account (Part EE); to amend the public authorities law,
in relation to establishing a multi-family emissions reduction program
(Part FF); and in relation to directing the New York state energy
research and development authority to develop incentive standards for
participation by certain households in energy efficiency services
(Part GG)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2015-2016
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through GG. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes a reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003
14 amending the vehicle and traffic law and other laws relating to increas-
15 ing certain motor vehicle transaction fees, as amended by section 1 of
16 part C of chapter 57 of the laws of 2014, is amended to read as follows:
17 S 13. This act shall take effect immediately; provided however that
18 sections one through seven of this act, the amendments to subdivision 2
19 of section 205 of the tax law made by section eight of this act, and
20 section nine of this act shall expire and be deemed repealed on April 1,
21 [2015] 2017; provided further, however, that the amendments to subdivi-
22 sion 3 of section 205 of the tax law made by section eight of this act
23 shall expire and be deemed repealed on March 31, 2018; provided further,
24 however, that the provisions of section eleven of this act shall take
25 effect April 1, 2004 and shall expire and be deemed repealed on April 1,
26 [2015] 2017.
27 S 2. Section 2 of part B of chapter 84 of the laws of 2002, amending
28 the state finance law relating to the costs of the department of motor
29 vehicles, as amended by section 2 of part C of chapter 57 of the laws of
30 2014, is amended to read as follows:
31 S 2. This act shall take effect April 1, 2002; provided, however, if
32 this act shall become a law after such date it shall take effect imme-
33 diately and shall be deemed to have been in full force and effect on and
34 after April 1, 2002; provided further, however, that this act shall
35 expire and be deemed repealed on April 1, [2015] 2017.
36 S 3. This act shall take effect immediately.
37 PART B
38 Intentionally Omitted
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1 PART C
2 Section 1. Section 144 of the transportation law is REPEALED and a new
3 section 144 is added to read as follows:
4 S 144. FEES AND CHARGES. THE COMMISSIONER OR THE COMMISSIONER'S DESIG-
5 NEE SHALL CHARGE AND COLLECT THE FOLLOWING FEES:
6 1. ONE HUNDRED DOLLARS FOR THE INSPECTION OR RE-INSPECTION OF ALL
7 MOTOR VEHICLES TRANSPORTING PASSENGERS SUBJECT TO THE DEPARTMENT'S
8 INSPECTION REQUIREMENTS PURSUANT TO SECTION ONE HUNDRED FORTY OF THIS
9 ARTICLE AND THE COMMISSIONER'S REGULATIONS, EXCEPT SUCH MOTOR VEHICLES
10 OPERATED UNDER CONTRACT WITH A MUNICIPALITY TO PROVIDE STATEWIDE MASS
11 TRANSPORTATION OPERATING ASSISTANCE ELIGIBLE SERVICE OR MOTOR VEHICLES
12 USED PRIMARILY TO TRANSPORT PASSENGERS PURSUANT TO SUBPARAGRAPHS (I),
13 (III) AND (V) OF PARAGRAPH A OF SUBDIVISION TWO OF SECTION ONE HUNDRED
14 FORTY OF THIS ARTICLE.
15 2. ALL FEES CHARGED AND COLLECTED BY THE COMMISSIONER UNDER SUBDIVI-
16 SION ONE OF THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE
17 DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION
18 EIGHTY-NINE-B OF THE STATE FINANCE LAW.
19 S 2. Subdivision 1 of section 153 of the transportation law is
20 REPEALED and subdivisions 2, 3, 4, 5, 6, 7, 8 and 9 are renumbered
21 subdivisions 1, 2, 3, 4, 5, 6, 7 and 8.
22 S 2-a. Subdivisions 1, 6 and 7 of section 153 of the transportation
23 law, as added by chapter 635 of the laws of 1983 and as renumbered by
24 section two of this act, are amended to read as follows:
25 1. A temporary certificate of public convenience and necessity to
26 operate as a common carrier of passengers may be issued by the commis-
27 sioner after public notice and with or without hearing, except as
28 provided in [paragraphs six and eight] SUBDIVISIONS FIVE AND SEVEN of
29 this section, to an applicant upon a finding that the applicant is fit,
30 willing and able to perform a service for which there is an immediate or
31 urgent need. Such a temporary certificate of public convenience and
32 necessity may also be issued on the commissioner's own motion for the
33 purpose of experiment or demonstration when the commissioner is of the
34 opinion that such action is required by the public interest.
35 6. Notwithstanding any other provision of law, on any application for
36 temporary authority to operate a bus line originating or terminating in
37 any city, the commissioner shall, in addition to the requirements speci-
38 fied in subdivision [two] ONE of this section, also consider and evalu-
39 ate the application and any objections to the application in accordance
40 with the following criteria:
41 (a) The adequacy of the existing mass transit and mass transportation
42 facilities to meet the transportation needs of any particular segment of
43 the general public for the proposed service; and
44 (b) The impact that the proposed operation may have on any existing
45 mass transit or mass transportation facilities.
46 7. If any application to operate a van service originating or termi-
47 nating within a city is protested by the governing body of such city, a
48 bus line operating in said city or a public transportation authority
49 created pursuant to titles nine, eleven, eleven-A, eleven-B, eleven-C
50 and eleven-D of article five of the public authorities law whose terri-
51 tory or district includes said city, and a hearing is requested, such
52 hearing shall be held. Based on the evidence submitted at such hearing
53 the commissioner shall, in addition to the requirements specified in
54 subdivision [two] ONE hereof, consider and evaluate the application and
A. 6008 5
1 the objections to the application in accordance with the following
2 criteria:
3 (a) The adequacy of the existing mass transit and mass transportation
4 facilities to meet the transportation needs of any particular segment of
5 the general public for the proposed service; and
6 (b) The impact that the proposed operation may have on any existing
7 mass transit or mass transportation facilities.
8 S 3. Subdivisions 1 and 6 of section 154 of the transportation law, as
9 added by chapter 635 of the laws of 1983, are amended to read as
10 follows:
11 1. The commissioner may issue a permanent certificate of public
12 convenience and necessity to operate as a common carrier of passengers
13 to an applicant with or without hearing, except as provided in subdivi-
14 sions two and seven of this section, but upon notice to all interested
15 parties. If any application for authority to operate a bus line through
16 a county, city, village or town or in or through a territory or district
17 served by a bus line or a public transportation authority created pursu-
18 ant to titles nine, eleven, eleven-A, eleven-B, eleven-C and eleven-D of
19 article five of the public authorities law is protested by any such
20 municipality, bus line, or public transportation authority, and hearing
21 on such application is requested then no permanent authority shall be
22 granted prior to a hearing held on such application. The commissioner
23 shall consider any reasonable conditions required of the applicant by
24 such municipality regarding routing and franchise requirements and, in
25 cities having a population of over one million persons the commissioner
26 shall adopt the intracity routing requirements to the proposed destina-
27 tion point or points that are established by any such city, provided
28 that such city furnishes the routing requirements to the commissioner
29 within sixty days of the filing of the application with the department.
30 In addition the commissioner shall adopt insurance requirements provided
31 for by any such city. Except for the routing and insurance requirements
32 in cities having a population of over one million persons, the commis-
33 sioner shall impose requirements on the applicant deemed to be reason-
34 able and in the public interest as a condition to any authority granted.
35 [Applications for a permanent certificate shall be accompanied by a
36 filing fee as prescribed in section one hundred forty-four of this chap-
37 ter.] The application for a permanent certificate shall be granted if
38 the commissioner finds that:
39 (a) the applicant is fit, willing and able to provide the transporta-
40 tion to be authorized by the certificate and to comply with this chapter
41 and the regulations of the commissioner; and
42 (b) the service proposed will be required by the present or future
43 public convenience and necessity.
44 6. Any person holding a permanent certificate to provide bus line
45 service shall not discontinue service on any route unless an application
46 is made to the commissioner and the commissioner approves such applica-
47 tion upon a finding that the public convenience and necessity no longer
48 requires such bus line service. [Applications for discontinuance shall
49 be accompanied by a filing fee as prescribed in section one hundred
50 forty-four of this chapter.]
51 S 4. Subdivision 1 of section 155 of the transportation law, as added
52 by chapter 635 of the laws of 1983, is amended to read as follows:
53 1. A permanent permit to operate as a contract carrier of passengers
54 may be issued by the commissioner to an applicant with or without a
55 hearing, but upon notice to all interested parties, authorizing such
56 applicant to provide transportation as a contract carrier of passengers.
A. 6008 6
1 [Applications for a permanent permit shall be accompanied by a filing
2 fee as prescribed in section one hundred forty-four of this chapter.]
3 The application for a permanent permit shall be granted if the commis-
4 sioner finds that:
5 (a) the applicant is fit, willing and able to provide the transporta-
6 tion to be authorized by the permit and to comply with this chapter and
7 the regulations of the commissioner; and
8 (b) the proposed service is or will be consistent with the public
9 interest and the policy declared in section one hundred thirty-seven of
10 this chapter.
11 S 5. Subdivision 3 of section 156 of the transportation law, as added
12 by chapter 635 of the laws of 1983, is amended to read as follows:
13 3. Certificates or permits shall not be assigned or transferred, in
14 any manner, nor shall the right to operate under any certificate or
15 permit be leased without prior approval of the commissioner upon such
16 notice as the commissioner shall deem appropriate. The assignment,
17 transfer or lease of certificates or permits or the right to operate
18 under any certificate or permit, shall not be approved unless the
19 commissioner shall find that it is in the public interest to do so. All
20 applications for transfer or lease must be in such form as prescribed by
21 the commissioner [and be accompanied by a filing fee as prescribed in
22 section one hundred forty-four of this chapter].
23 S 6. Subdivision 1 of section 173 of the transportation law, as added
24 by chapter 635 of the laws of 1983, is amended to read as follows:
25 1. A temporary certificate or permit to operate as a common or
26 contract carrier of property may be issued by the commissioner to a
27 qualified applicant with or without a hearing for the purpose of provid-
28 ing a service for which there is an immediate or urgent need from or to
29 a point or points or within a territory. Applications for temporary
30 authority shall contain such information as the commissioner by regu-
31 lation may prescribe [and shall be accompanied by a filing fee as
32 prescribed in section one hundred forty-four of this chapter].
33 S 7. Subdivision 1 of section 174 of the transportation law, as added
34 by chapter 635 of the laws of 1983, is amended to read as follows:
35 1. A permanent certificate to operate as a common carrier of property
36 may be issued by the commissioner to a qualified applicant with or with-
37 out hearing, but upon notice to all interested parties, authorizing such
38 applicant to provide transportation as a common carrier of property.
39 Applications for a permanent certificate shall contain such information
40 as the commissioner by regulation may prescribe [and shall be accompa-
41 nied by a filing fee as prescribed in section one hundred forty-four of
42 this chapter]. The application for a permanent certificate shall be
43 granted if the commissioner finds that:
44 (a) the applicant is fit, willing and able to provide the transporta-
45 tion to be authorized by the certificate and to comply with this chapter
46 and the regulations of the commissioner; and
47 (b) that the service proposed will be required by the present or
48 future public convenience and necessity.
49 S 8. Subdivision 1 of section 175 of the transportation law, as added
50 by chapter 635 of the laws of 1983, is amended to read as follows:
51 1. A permanent permit to operate as a contract carrier of property may
52 be issued by the commissioner to an applicant with or without hearing,
53 but upon notice to all interested parties authorizing such applicant to
54 provide transportation as a contract carrier of property. [Applications
55 for a permanent permit shall be accompanied by a filing fee as
56 prescribed in section one hundred forty-four of this chapter.] The
A. 6008 7
1 application for a permanent permit shall be granted if the commissioner
2 finds that:
3 (a) the applicant is fit, willing and able to provide the transporta-
4 tion to be authorized and to comply with this chapter and the regu-
5 lations of the commissioner; and
6 (b) the proposed service to the extent authorized will be consistent
7 with the public interest and the policy declared in section one hundred
8 thirty-seven of this chapter.
9 S 9. Subdivision 3 of section 177 of the transportation law, as added
10 by chapter 635 of the laws of 1983, is amended to read as follows:
11 3. Certificates or permits shall not be assigned, transferred or
12 leased in any manner nor shall the right to operate under any certif-
13 icate or permit be leased without prior approval of the commissioner,
14 upon such notice as the commissioner shall deem appropriate. The assign-
15 ment, transfer or lease of a certificate, or the right to operate under
16 any certificate, shall not be approved unless the commissioner shall
17 find that it is in the public interest to do so. All applications for
18 assignment, transfer or lease must be in such form as prescribed by the
19 commissioner [and shall be accompanied by a filing fee as prescribed in
20 section one hundred forty-four of this chapter].
21 S 10. Subdivision 1 of section 192 of the transportation law, as added
22 by chapter 635 of the laws of 1983, is amended to read as follows:
23 1. A probationary certificate to operate as a common carrier of house-
24 hold goods by motor vehicle may be issued by the commissioner to a qual-
25 ified applicant after public notice and with or without hearing. The
26 application shall contain such information as the commissioner by regu-
27 lation shall prescribe [and the application shall be accompanied by a
28 filing fee as prescribed in section one hundred forty-four of this chap-
29 ter]. A probationary certificate shall:
30 (a) create no presumption that a corresponding permanent certificate
31 will be granted;
32 (b) confer no proprietary or property rights in the use of the high-
33 ways;
34 (c) be granted for a period not to exceed one year, which may be
35 renewed for an additional one year period by the commissioner; and
36 (d) be subject to any conditions deemed appropriate by the commission-
37 er to be in the public interest.
38 S 11. Subdivision 6 of section 193 of the transportation law, as added
39 by chapter 635 of the laws of 1983, is amended to read as follows:
40 6. Permanent certificates issued pursuant to subdivision one of this
41 section shall have no application fee. [Applications for permanent
42 certificates issued pursuant to subdivision four of this section shall
43 be accompanied by a filing fee as prescribed in section one hundred
44 forty-four of this chapter.]
45 S 12. Subdivision 3 of section 195 of the transportation law, as added
46 by chapter 635 of the laws of 1983, is amended to read as follows:
47 3. Permanent certificates shall not be assigned, transferred or leased
48 in any manner nor shall the right to operate under any such certificate
49 be leased without prior approval of the commissioner upon such notice as
50 the commissioner shall deem appropriate. The assignment, transfer or
51 lease of a permanent certificate, shall not be approved unless the
52 commissioner shall find that it is in the public interest to do so. All
53 applications for transfer or lease must be in such form as prescribed by
54 the commissioner [and shall be accompanied by a filing fee as prescribed
55 in section one hundred forty-four of this chapter].
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1 S 13. This act shall take effect immediately and shall be deemed to
2 have been in full force and effect on and after April 1, 2015.
3 PART D
4 Section 1. Section 1 of part I of chapter 413 of the laws of 1999,
5 relating to providing for mass transportation payments, as amended by
6 section 1 of part L of chapter 59 of the laws of 2006, is amended to
7 read as follows:
8 Section 1. Notwithstanding any other law, rule or regulation to the
9 contrary, payment of mass transportation operating assistance pursuant
10 to section 18-b of the transportation law shall be subject to the
11 provisions contained herein and the amounts made available therefor by
12 appropriation.
13 In establishing service and usage formulas for distribution of mass
14 transportation operating assistance, the commissioner of transportation
15 may combine and/or take into consideration those formulas used to
16 distribute mass transportation operating assistance payments authorized
17 by separate appropriations in order to facilitate program administration
18 and to ensure an orderly distribution of such funds.
19 To improve the predictability in the level of funding for those
20 systems receiving operating assistance payments under service and usage
21 formulas, the commissioner of transportation is authorized with the
22 approval of the director of the budget, to provide service payments
23 based on service and usage statistics of the preceding year.
24 In the case of a service payment made, pursuant to section 18-b of the
25 transportation law, to a regional transportation authority on account of
26 mass transportation services provided to more than one county (consider-
27 ing the city of New York to be one county), the respective shares of the
28 matching payments required to be made by a county to any such authority
29 shall be as follows:
30 Percentage of matching payment required to be provided:
31 Percentage
32 of Matching
33 Local Jurisdiction Payment
34 --------------------------------------------
35 In the Metropolitan Commuter
36 Transportation District:
37 New York City ................ 6.40
38 Dutchess ..................... 1.30
39 Nassau ....................... 39.60
40 Orange ....................... 0.50
41 Putnam ....................... 1.30
42 Rockland ..................... 0.10
43 Suffolk ...................... 25.70
44 Westchester .................. 25.10
45 In the Capital District Trans-
46 portation District:
47 Albany ....................... 56.10
48 Rensselaer ................... 23.30
49 Saratoga ..................... 4.10
50 Schenectady .................. 16.50
51 In the Central New York Re-
52 gional Transportation Dis-
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1 trict:
2 Cayuga ....................... 5.11
3 Onondaga ..................... 75.83
4 Oswego ....................... 2.85
5 Oneida ....................... 16.21
6 In the Rochester-Genesee Re-
7 gional Transportation Dis-
8 trict:
9 Genesee ...................... [1.43] 1.36
10 Livingston ................... [0.94] .90
11 Monroe ....................... [94.58] 90.14
12 Wayne ........................ [1.03] .98
13 Wyoming ...................... [0.54] .51
14 Seneca ....................... [0.67] .64
15 Orleans ...................... [0.81] .77
16 ONTARIO ...................... 4.69
17 In the Niagara Frontier Trans-
18 portation District: Erie ......................... 89.20
19 Niagara ...................... 10.80
20 Notwithstanding any other inconsistent provisions of section 18-b of
21 the transportation law or any other law, any moneys provided to a public
22 benefit corporation constituting a transportation authority or to other
23 public transportation systems in payment of state operating assistance
24 or such lesser amount as the authority or public transportation system
25 shall make application for, shall be paid by the commissioner of trans-
26 portation to such authority or public transportation system in lieu, and
27 in full satisfaction, of any amounts which the authority would otherwise
28 be entitled to receive under section 18-b of the transportation law.
29 Notwithstanding the reporting date provision of section 17-a of the
30 transportation law, the reports of each regional transportation authori-
31 ty and other major public transportation systems receiving mass trans-
32 portation operating assistance shall be submitted on or before July 15
33 of each year in the format prescribed by the commissioner of transporta-
34 tion. Copies of such reports shall also be filed with the chairpersons
35 of the senate finance committee and the assembly ways and means commit-
36 tee and the director of the budget. The commissioner of transportation
37 may withhold future state operating assistance payments to public trans-
38 portation systems or private operators that do not provide such reports.
39 Payments may be made in quarterly installments as provided in subdivi-
40 sion 2 of section 18-b of the transportation law or in such other manner
41 and at such other times as the commissioner of transportation, with the
42 approval of the director of the budget, may provide; and where payment
43 is not made in the manner provided by such subdivision 2, the matching
44 payments required of any city, county, Indian tribe or intercity bus
45 company shall be made within 30 days of the payment of state operating
46 assistance pursuant to this section or on such other basis as may be
47 agreed upon by the commissioner of transportation, the director of the
48 budget, and the chief executive officer of such city, county, Indian
49 tribe or intercity bus company.
50 The commissioner of transportation shall be required to annually eval-
51 uate the operating and financial performance of each major public trans-
52 portation system. Where the commissioner's evaluation process has iden-
53 tified a problem related to system performance, the commissioner may
54 request the system to develop plans to address the performance deficien-
55 cies. The commissioner of transportation may withhold future state oper-
A. 6008 10
1 ating assistance payments to public transportation systems or private
2 operators that do not provide such operating, financial, or other infor-
3 mation as may be required by the commissioner to conduct the evaluation
4 process.
5 Payments shall be made contingent upon compliance with regulations
6 deemed necessary and appropriate, as prescribed by the commissioner of
7 transportation and approved by the director of the budget, which shall
8 promote the economy, efficiency, utility, effectiveness, and coordinated
9 service delivery of public transportation systems. The chief executive
10 officer of each public transportation system receiving a payment shall
11 certify to the commissioner of transportation, in addition to informa-
12 tion required by section 18-b of the transportation law, such other
13 information as the commissioner of transportation shall determine is
14 necessary to determine compliance and carry out the purposes herein.
15 Counties, municipalities or Indian tribes that propose to allocate
16 service payments to operators on a basis other than the amount earned by
17 the service payment formula shall be required to describe the proposed
18 method of distributing governmental operating aid and submit it one
19 month prior to the start of the operator's fiscal year to the commis-
20 sioner of transportation in writing for review and approval prior to the
21 distribution of state aid. The commissioner of transportation shall only
22 approve alternate distribution methods which are consistent with the
23 transportation needs of the people to be served and ensure that the
24 system of private operators does not exceed established maximum service
25 payment limits. Copies of such approvals shall be submitted to the
26 chairpersons of the senate finance and assembly ways and means commit-
27 tees.
28 Notwithstanding the provisions of subdivision 4 of section 18-b of the
29 transportation law, the commissioner of transportation is authorized to
30 continue to use prior quarter statistics to determine current quarter
31 payment amounts, as initiated in the April to June quarter of 1981. In
32 the event that actual revenue passengers and actual total number of
33 vehicle, nautical or car miles are not available for the preceding quar-
34 ter, estimated statistics may be used as the basis of payment upon
35 approval by the commissioner of transportation. In such event, the
36 succeeding payment shall be adjusted to reflect the difference between
37 the actual and estimated total number of revenue passengers and vehicle,
38 nautical or car miles used as the basis of the estimated payment. The
39 chief executive officer may apply for less aid than the system is eligi-
40 ble to receive. Each quarterly payment shall be attributable to operat-
41 ing expenses incurred during the quarter in which it is received, unless
42 otherwise specified by such commissioner. In the event that a public
43 transportation system ceases to participate in the program, operating
44 assistance due for the final quarter that service is provided shall be
45 based upon the actual total number of revenue passengers and the actual
46 total number of vehicle, nautical or car miles carried during that quar-
47 ter.
48 Payments shall be contingent on compliance with audit requirements
49 determined by the commissioner of transportation.
50 In the event that an audit of a public transportation system or
51 private operator receiving funds discloses the existence of an overpay-
52 ment of state operating assistance, regardless of whether such an over-
53 payment results from an audit of revenue passengers and the actual
54 number of revenue vehicle miles statistics, or an audit of private oper-
55 ators in cases where more than a reasonable return based on equity or
56 operating revenues and expenses has resulted, the commissioner of trans-
A. 6008 11
1 portation, in addition to recovering the amount of state operating
2 assistance overpaid, shall also recover interest, as defined by the
3 department of taxation and finance, on the amount of the overpayment.
4 Notwithstanding any other law, rule or regulation to the contrary,
5 whenever the commissioner of transportation is notified by the comp-
6 troller that the amount of revenues available for payment from an
7 account is less than the total amount of money for which the public mass
8 transportation systems are eligible pursuant to the provisions of
9 section 88-a of the state finance law and any appropriations enacted for
10 these purposes, the commissioner of transportation shall establish a
11 maximum payment limit which is proportionally lower than the amounts set
12 forth in appropriations.
13 Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
14 of the state finance law and any other general or special law, payments
15 may be made in quarterly installments or in such other manner and at
16 such other times as the commissioner of transportation, with the
17 approval of the director of the budget may prescribe.
18 S 2. This act shall take effect immediately and shall be deemed to
19 have been in full force and effect on and after April 1, 2015.
20 PART E
21 Section 1. The state finance law is amended by adding a new section
22 99-w to read as follows:
23 S 99-W. TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND. 1. THERE IS
24 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
25 COMMISSIONER OF TAXATION AND FINANCE A SPECIAL CAPITAL FUND TO BE KNOWN
26 AS THE "TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND."
27 2. THE COMPTROLLER SHALL ESTABLISH THE FOLLOWING SEPARATE AND DISTINCT
28 ACCOUNT WITHIN THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND:
29 METROPOLITAN TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS ACCOUNT
30 3. THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND SHALL CONSIST
31 OF ALL MONEYS COLLECTED THEREFOR OR CREDITED OR TRANSFERRED THERETO FROM
32 ANY OTHER FUND, ACCOUNT OR SOURCE. ANY INTEREST RECEIVED BY THE COMP-
33 TROLLER ON MONEYS ON DEPOSIT IN THE TRANSIT ASSISTANCE FOR CAPITAL
34 INVESTMENTS FUND SHALL BE RETAINED IN AND BECOME A PART OF SUCH FUND.
35 4. MONEYS IN THE TRANSIT ASSISTANCE FOR CAPITAL INVESTMENTS FUND
36 SHALL, FOLLOWING APPROPRIATION BY THE LEGISLATURE, BE UTILIZED FOR CAPI-
37 TAL AND OPERATING PURPOSES, INCLUDING, BUT NOT LIMITED TO THE PLANNING
38 AND DESIGN, ACQUISITION, CONSTRUCTION, RECONSTRUCTION, REPLACEMENT,
39 IMPROVEMENT, RECONDITIONING, REHABILITATION AND PRESERVATION OF MASS
40 TRANSIT FACILITIES, VEHICLES, RELATED EQUIPMENT AND ROLLING STOCK WITH
41 AN AVERAGE SERVICE LIFE OF NO LESS THAN FIVE YEARS, AS WELL AS GENERAL
42 OPERATING COSTS.
43 5. MONEYS DEPOSITED INTO THE METROPOLITAN TRANSIT ASSISTANCE FOR CAPI-
44 TAL INVESTMENTS ACCOUNT SHALL BE AVAILABLE TO THE METROPOLITAN TRANSPOR-
45 TATION AUTHORITY (MTA) AND TO ALL OTHER PUBLIC TRANSPORTATION SYSTEMS
46 SERVING PRIMARILY WITHIN THE METROPOLITAN COMMUTER TRANSPORTATION
47 DISTRICT, AS DEFINED IN SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC
48 AUTHORITIES LAW, ELIGIBLE TO RECEIVE OPERATING ASSISTANCE UNDER THE
49 PROVISIONS OF SECTION EIGHTEEN-B OF THE TRANSPORTATION LAW CONSISTENT
50 WITH THE USES OUTLINED IN SUBDIVISION FOUR OF THIS SECTION.
51 6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, CAPITAL ASSISTANCE
52 PAYMENTS AUTHORIZED UNDER THIS SECTION MAY BE APPLIED TO OPERATING
53 EXPENSES.
A. 6008 12
1 7. ALL PAYMENTS OF MONEYS FROM THE TRANSIT ASSISTANCE FOR CAPITAL
2 INVESTMENTS FUND SHALL BE MADE ON THE AUDIT AND WARRANT OF THE COMP-
3 TROLLER. ALL PAYMENTS SHALL BE MADE IN ACCORDANCE WITH THE DISTRIBUTION
4 APPROPRIATED IN THE ENACTED STATE FISCAL YEAR TWO THOUSAND FIFTEEN--TWO
5 THOUSAND SIXTEEN CAPITAL PROJECTS BUDGET ON OR BEFORE DECEMBER
6 THIRTY-FIRST, TWO THOUSAND FIFTEEN, AT WHICH TIME THIS SECTION SHALL BE
7 DEEMED REPEALED.
8 8. (A) NONE OF THE FUNDS APPROPRIATED OR OTHERWISE MADE AVAILABLE BY
9 THIS SECTION MAY BE USED FOR A PROJECT FOR THE CONSTRUCTION, ALTERATION,
10 MAINTENANCE, OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK UNLESS ALL OF
11 THE IRON, STEEL, AND MANUFACTURED GOODS THAT ARE PERMANENTLY INCORPO-
12 RATED INTO THE PROJECT ARE PRODUCED IN THE UNITED STATES.
13 (B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY IN ANY CASE OR
14 CATEGORY OF CASES IN WHICH THE DEPARTMENT, AGENCY OR AUTHORITY INVOLVED
15 FINDS THAT:
16 (1) APPLYING PARAGRAPH (A) OF THIS SUBDIVISION WOULD BE INCONSISTENT
17 WITH THE PUBLIC INTEREST;
18 (2) IRON, STEEL, AND THE RELEVANT MANUFACTURED GOODS ARE NOT PRODUCED
19 IN THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES
20 AND OF A SATISFACTORY QUALITY; OR
21 (3) INCLUSION OF IRON, STEEL, AND MANUFACTURED GOODS PRODUCED IN THE
22 UNITED STATES WILL INCREASE THE COST OF THE OVERALL PROJECT BY MORE THAN
23 TWENTY-FIVE PERCENT.
24 (C) IF THE DEPARTMENT, AGENCY, OR AUTHORITY DETERMINES THAT IT IS
25 NECESSARY TO WAIVE THE APPLICATION OF PARAGRAPH (A) OF THIS SUBDIVISION
26 BASED ON A FINDING UNDER PARAGRAPH (B) OF THIS SUBDIVISION THE DEPART-
27 MENT, AGENCY, OR AUTHORITY SHALL DOCUMENT IN WRITING, AND POST ON ITS
28 WEBSITE, IF ONE EXISTS, A DETAILED DESCRIPTION OF ALL DECISIONS MADE
29 JUSTIFYING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION BEING
30 WAIVED.
31 (D) THIS SECTION SHALL BE APPLIED IN A MANNER CONSISTENT WITH UNITED
32 STATES OBLIGATIONS UNDER INTERNATIONAL AGREEMENTS INCLUDING BUT NOT
33 LIMITED TO THOSE SIGNED WITH THE GOVERNMENT OF CANADA.
34 (E) FOR PURPOSES OF THIS SECTION "PERMANENTLY INCORPORATED" SHALL MEAN
35 AN IRON, STEEL OR MANUFACTURED PRODUCT THAT IS REQUIRED TO REMAIN IN
36 PLACE AT THE END OF THE PROJECT CONTRACT, IN A FIXED LOCATION, AFFIXED
37 TO THE PUBLIC WORK OR PUBLIC BUILDING TO WHICH IT WAS INCORPORATED.
38 ELECTRONIC AND COMMUNICATIONS DEVICES AND MACHINERY THAT ARE NOT AFFIXED
39 TO THE PUBLIC WORK OR PUBLIC BUILDING THAT ARE CAPABLE OF BEING MOVED
40 FROM ONE LOCATION TO ANOTHER ARE NOT PERMANENTLY INCORPORATED INTO A
41 PUBLIC BUILDING OR PUBLIC WORK.
42 S 2. This act shall take effect immediately.
43 PART F
44 Section 1. Notwithstanding any other law, rule or regulation to the
45 contrary, the commissioner of transportation may approve the deferral of
46 any required reductions in service payments to unspecified public trans-
47 portation systems, pursuant to the hold-harmless provision of the State-
48 wide Mass Transportation Operating Assistance (STOA) program provided in
49 17 N.Y.C.R.R. 975.18, on an annual basis for a period of no more than
50 two years.
51 S 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, 2014.
53 PART G
A. 6008 13
1 Intentionally Omitted
2 PART H
3 Intentionally Omitted
4 PART I
5 Section 1. Item 1 of clause (A) of subparagraph (ii) of paragraph (i)
6 of subdivision 1 of section 201 of the vehicle and traffic law, as
7 amended by section 1 of part CC of chapter 58 of the laws of 2011, is
8 amended to read as follows:
9 (1) fifty-five years where the conviction and suspension or revocation
10 order relates to a conviction, suspension or revocation by the holder of
11 any driver's license when operating a commercial motor vehicle, as
12 defined in subdivision four of section five hundred one-a of this chap-
13 ter, or by the holder of a commercial driver's license OR COMMERCIAL
14 LEARNER'S PERMIT when operating any motor vehicle, who: has refused to
15 submit to a chemical test pursuant to section eleven hundred ninety-four
16 of this chapter or has been convicted of any of the following offenses:
17 any violation of subdivision two, three [or], four OR PARAGRAPH (A) OF
18 SUBDIVISION 2-A of section eleven hundred ninety-two of this chapter,
19 any violation of subdivision one or two of section six hundred of this
20 chapter, any felony involving the use of a motor vehicle, other than the
21 use of a motor vehicle in the commission of a felony involving manufac-
22 turing, distributing, dispensing a controlled substance; or the
23 conviction, suspension or revocation involves any of the following
24 offenses while operating a commercial motor vehicle: any violation of
25 subdivision five or six of section eleven hundred ninety-two of this
26 chapter, driving a commercial motor vehicle when as a result of prior
27 violations committed while operating a commercial motor vehicle, the
28 driver's commercial driver's license OR COMMERCIAL LEARNER'S PERMIT is
29 suspended or revoked, or has been convicted of causing a fatality
30 through the negligent operation of a commercial motor vehicle, including
31 but not limited to the crimes of vehicular manslaughter and criminally
32 negligent homicide as set forth in article one hundred twenty-five of
33 the penal law;
34 S 2. Paragraph (b) of subdivision 1 of section 503 of the vehicle and
35 traffic law, as amended by section 2 of part D of chapter 58 of the laws
36 of 2012, is amended to read as follows:
37 (b) An application for a license shall be valid for a period of time
38 specified by regulation of the commissioner not to exceed five years. A
39 learner's permit shall be valid from its issuance until the expiration
40 of the application for a driver's license for which it was issued.
41 PROVIDED, HOWEVER, A COMMERCIAL LEARNER'S PERMIT SHALL BE VALID FOR NO
42 MORE THAN ONE HUNDRED EIGHTY DAYS, EXCEPT THAT SUCH PERMIT MAY BE
43 RENEWED, IN THE COMMISSIONER'S DISCRETION, FOR AN ADDITIONAL ONE HUNDRED
44 EIGHTY DAYS. Provided, however, that a COMMERCIAL learner's permit
45 issued by the commissioner in connection with an application for a
46 commercial driver's license shall be cancelled within sixty days of the
47 holder's medical certification status becoming "not-certified" based
48 upon: (i) the expiration of the holder's medical certification or
49 medical variance documentation required by the federal motor carrier
50 safety improvement act of 1999 and Part 383.71(h) of title 49 of the
A. 6008 14
1 code of federal regulations; (ii) the holder's failure to submit such
2 medical certification or medical variance documentation at such inter-
3 vals as required by the federal motor carrier safety improvement act of
4 1999 and Part 383.71(h) of title 49 of the code of federal regulations
5 and in a manner prescribed by the commissioner; or (iii) the receipt by
6 the commissioner of information from the issuing medical examiner or the
7 federal motor carrier safety administration that a medical certification
8 or medical variance was issued in error or rescinded. The commissioner
9 shall, upon a holder's status becoming "not-certified", notify the hold-
10 er of such COMMERCIAL learner's permit issued in connection with a
11 commercial driver's license application by first class mail to the
12 address of such person on file with the department or at the current
13 address provided by the United States postal service of his or her
14 "not-certified" medical certification status and that the commercial
15 motor vehicle privileges of such COMMERCIAL learner's permit will be
16 cancelled unless he or she submits a current medical certificate and/or
17 medical variance in accordance with Part 383.71(h) of title 49 of the
18 code of federal regulations or changes his or her self-certification to
19 driving only in excepted or intrastate commerce in accordance with Part
20 383.71(b)[(ii)(B), (C) or (D)](1) (II), (III) OR (IV) of title 49 of the
21 code of federal regulations.
22 S 3. Subdivision 6 of section 510 of the vehicle and traffic law is
23 amended by adding a new paragraph o to read as follows:
24 O. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
25 WHERE REVOCATION IS MANDATORY PURSUANT TO SUBPARAGRAPH (III) OF PARA-
26 GRAPH A OF SUBDIVISION TWO OF THIS SECTION INVOLVING A VIOLATION OF
27 SECTION THREE HUNDRED NINETY-TWO OF THIS CHAPTER IN RELATION TO AN
28 APPLICATION FOR THE COMMERCIAL DRIVER'S LICENSE OR THE COMMERCIAL
29 LEARNER'S PERMIT BEING REVOKED, NO NEW COMMERCIAL DRIVER'S LICENSE OR
30 COMMERCIAL LEARNER'S PERMIT SHALL BE ISSUED FOR AT LEAST ONE YEAR, NOR
31 THEREAFTER EXCEPT IN THE DISCRETION OF THE COMMISSIONER.
32 S 4. Paragraph (b) of subdivision 3 of section 510-a of the vehicle
33 and traffic law, as amended by section 7 of part K of chapter 59 of the
34 laws of 2009, is amended, and two new subdivisions 9 and 10 are added to
35 read as follows:
36 (b) A commercial driver's license shall be suspended by the commis-
37 sioner for a period of one hundred twenty days where the holder is
38 convicted of three serious traffic violations as defined in subdivision
39 four of this section committed within a three year period, in separate
40 incidents whether such convictions occurred within or outside of this
41 state. [Such suspension shall take effect upon the termination of any
42 other suspension already in effect pursuant to paragraph (a) of this
43 subdivision or this paragraph.]
44 9. APPLICATION OF DISQUALIFICATIONS TO HOLDERS OF A COMMERCIAL
45 LEARNER'S PERMIT. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY
46 PROVISION OF THIS CHAPTER RELATING TO THE REVOCATION, SUSPENSION, DOWN-
47 GRADING, DISQUALIFICATION OR CANCELLATION OF A COMMERCIAL DRIVER'S
48 LICENSE SHALL APPLY IN THE SAME MANNER TO A COMMERCIAL LEARNER'S PERMIT.
49 10. CONSECUTIVE DISQUALIFICATION PERIODS. NOTWITHSTANDING ANY OTHER
50 PROVISION OF LAW, WHENEVER A SUSPENSION, REVOCATION OR DISQUALIFICATION
51 APPLICABLE TO A COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL LEARNER'S
52 PERMIT IS REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE OF FEDERAL
53 REGULATIONS AND THEREBY IMPOSED PURSUANT TO THIS SECTION OR SECTION
54 ELEVEN HUNDRED NINETY-THREE OR ELEVEN HUNDRED NINETY-FOUR OF THIS CHAP-
55 TER, SUCH SUSPENSION, REVOCATION OR DISQUALIFICATION SHALL TAKE EFFECT
56 UPON THE EXPIRATION OF THE MINIMUM PERIOD OF A SUSPENSION, REVOCATION OR
A. 6008 15
1 DISQUALIFICATION REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE OF
2 FEDERAL REGULATIONS AND THEREBY IMPOSED PURSUANT TO THIS SECTION OR
3 SECTION ELEVEN HUNDRED NINETY-THREE OR ELEVEN HUNDRED NINETY-FOUR OF
4 THIS CHAPTER WHICH IS CURRENTLY IN EFFECT FOR SUCH LICENSE OR PERMIT AND
5 AROSE FROM A SEPARATE INCIDENT. PROVIDED, HOWEVER, THAT THE TERM OR
6 TERMS OF ANY OTHER SUSPENSION, REVOCATION OR DISQUALIFICATION APPLICABLE
7 TO A COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL LEARNER'S PERMIT SHALL
8 RUN CONCURRENTLY IF: (A) SUCH SUSPENSION, REVOCATION OR DISQUALIFICATION
9 IS NOT REQUIRED BY PART 383.51 OF TITLE 49 OF THE CODE OF FEDERAL REGU-
10 LATIONS; OR (B) SUCH SUSPENSION, REVOCATION OR DISQUALIFICATION AROSE
11 FROM THE SAME INCIDENT.
12 S 5. Paragraph (d) of subdivision 1 of section 514 of the vehicle and
13 traffic law, as added by section 7 of part CC of chapter 58 of the laws
14 of 2011, is amended to read as follows:
15 (d) Notwithstanding the provisions of paragraphs (a), (b) and (c) of
16 this subdivision, upon a judgment of conviction for a violation of any
17 provisions of this chapter or of any local law, rule, ordinance or regu-
18 lation relating to traffic (except one related to parking, stopping or
19 standing), the court or the clerk thereof shall, within ninety-six hours
20 of the imposition of the sentence, file the certificate required by
21 paragraph (a) of this subdivision, if the person convicted: (i) is the
22 holder of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license
23 issued by another state; or (ii) does not hold a COMMERCIAL LEARNER'S
24 PERMIT OR A commercial driver's license, but has been issued a license
25 by another state and is convicted of a violation that was committed in a
26 commercial motor vehicle, as defined in subdivision four of section five
27 hundred one-a of this title.
28 S 6. Subdivisions 1 and 2 of section 514-a of the vehicle and traffic
29 law, as added by chapter 173 of the laws of 1990, are amended to read as
30 follows:
31 1. Each person who operates a commercial motor vehicle for a New York
32 state employer who is convicted of violating within or outside of this
33 state, in any type of motor vehicle, a state or local law relating to
34 motor vehicle traffic control (other than a parking violation), shall
35 notify his/her current employer of such conviction. Any person who holds
36 a commercial driver's license issued by the commissioner who does not
37 operate a commercial motor vehicle for a New York state employer or who
38 operates a commercial motor vehicle while self-employed who is convicted
39 in any other state WHICH HAS BEEN DECERTIFIED IN ACCORDANCE WITH PART
40 384.405 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS AND NOTICE OF
41 SUCH DECERTIFICATION HAS BEEN PUBLISHED IN THE FEDERAL REGISTER PURSUANT
42 TO PART 384.409 OF TITLE 49 OF THE CODE OF FEDERAL REGULATIONS, the
43 District of Columbia or a Canadian province of violating any law relat-
44 ing to motor vehicle traffic control (other than a parking violation)
45 while operating a commercial motor vehicle shall notify the commissioner
46 of such conviction. Such notification must be made within thirty days
47 after the date that the person has been convicted except that if a
48 person is a bus driver as defined in section five hundred nine-a of this
49 chapter, such notification must be made within five days after the date
50 the person has been convicted as required by section five hundred nine-i
51 of this chapter. The above notification must be made in writing and
52 contain the following information: (a) driver's full name; (b) driver's
53 license number; (c) date of conviction; (d) the specific criminal or
54 other offense(s), serious traffic violation(s) of state or local law
55 relating to motor vehicle traffic control, for which the person was
56 convicted and any suspension, revocation, cancellation of any driving
A. 6008 16
1 privileges or disqualification from operating a commercial motor vehicle
2 which resulted from such conviction(s); (e) indication whether the
3 violation was in a commercial motor vehicle; (f) location of offense;
4 (g) court or tribunal in which the conviction occurred; and (h) driver's
5 signature.
6 2. Each person who operates a commercial motor vehicle for a New York
7 state employer who has a COMMERCIAL LEARNER'S PERMIT OR A COMMERCIAL
8 driver's license suspended, revoked, or canceled by the commissioner or
9 by the appropriate authorities of any other state, District of Columbia
10 or Canadian province, or who loses the right to operate a commercial
11 motor vehicle in any state or jurisdiction for any period, or who is
12 disqualified from operating a commercial motor vehicle for any period,
13 shall notify his/her current employer of such suspension, revocation,
14 cancellation, lost privilege, or disqualification.
15 S 7. Section 514-c of the vehicle and traffic law, as added by chapter
16 251 of the laws of 2007, is amended to read as follows:
17 S 514-c. Notification of non-resident commercial operator convictions.
18 Within ten days of the conviction of: (a) any holder of a COMMERCIAL
19 LEARNER'S PERMIT OR A commercial driver's license issued by another
20 state for any violation of state or local law regulating traffic, other
21 than a parking, stopping or standing violation, committed while operat-
22 ing a motor vehicle in this state; or
23 (b) any holder of a driver's license issued by another state for any
24 violation of state or local law regulating traffic, other than a park-
25 ing, stopping or standing violation, committed while operating a commer-
26 cial motor vehicle in this state, the commissioner shall provide notice
27 of such conviction to the state which issued such holder's COMMERCIAL
28 LEARNER'S PERMIT, commercial driver's license or driver's license.
29 S 8. Subdivision 9 of section 170.55 of the criminal procedure law, as
30 added by section 8 of part CC of chapter 58 of the laws of 2011, is
31 amended to read as follows:
32 9. Notwithstanding any other provision of this section, a court may
33 not issue an order adjourning an action in contemplation of dismissal if
34 the offense is for a violation of the vehicle and traffic law related to
35 the operation of a motor vehicle (except one related to parking, stop-
36 ping or standing), or a violation of a local law, rule or ordinance
37 related to the operation of a motor vehicle (except one related to park-
38 ing, stopping or standing), if such offense was committed by the holder
39 of a COMMERCIAL LEARNER'S PERMIT OR A commercial driver's license or was
40 committed in a commercial motor vehicle, as defined in subdivision four
41 of section five hundred one-a of the vehicle and traffic law.
42 S 9. Paragraph c of subdivision 2 of section 140 of the transportation
43 law is amended by adding a new subparagraph (vii) to read as follows:
44 (VII) NO PERSON, CORPORATION, LIMITED LIABILITY COMPANY OR BUSINESS
45 ENTITY, JOINT STOCK ASSOCIATION, PARTNERSHIP, OR ANY OFFICER OR AGENT
46 THEREOF, SHALL KNOWINGLY ALLOW, REQUIRE, PERMIT OR AUTHORIZE ANY PERSON
47 TO OPERATE A COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SECTION FIVE
48 HUNDRED ONE-A OF THE VEHICLE AND TRAFFIC LAW, DURING ANY PERIOD IN WHICH
49 THE OPERATOR:
50 (A) DOES NOT HAVE A VALID COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL
51 DRIVER'S LICENSE; OR
52 (B) DOES NOT HAVE A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIVER'S
53 LICENSE WITH THE PROPER CLASS OR ENDORSEMENTS; OR
54 (C) VIOLATES ANY RESTRICTION ON SUCH OPERATOR'S COMMERCIAL LEARNER'S
55 PERMIT OR COMMERCIAL DRIVER'S LICENSE; OR
A. 6008 17
1 (D) HAS A COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIVER'S LICENSE
2 THAT IS SUSPENDED, REVOKED OR CANCELLED, OR SUCH OPERATOR HAS BEEN
3 OTHERWISE DISQUALIFIED BY THE COMMISSIONER OF MOTOR VEHICLES; OR
4 (E) HAS MORE THAN ONE COMMERCIAL LEARNER'S PERMIT OR COMMERCIAL DRIV-
5 ER'S LICENSE.
6 A VIOLATION OF THIS SUBPARAGRAPH SHALL BE PUNISHABLE BY A FINE OF NOT
7 LESS THAN TWO HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS.
8 S 10. This act shall take effect July 8, 2015 and shall apply to
9 violations committed on or after such date, and shall apply to permits
10 issued on or after such date.
11 PART J
12 Section 1. Subdivision 2 of section 357-a of the public authorities
13 law, as added by section 1 of part E of chapter 58 of the laws of 2013,
14 is amended to read as follows:
15 2. The state shall be responsible for additional goods and services
16 provided by the authority equal to [twenty-four million] TWENTY-ONE
17 MILLION FIVE HUNDRED THOUSAND dollars in each calendar year. Such goods
18 and services shall be deemed to be costs to the state and not operating
19 costs of the authority. The authority and the director of the division
20 of the budget shall enter into an agreement identifying any such state
21 costs and determine reporting and other requirements related thereto.
22 Such agreement and any amendments thereto shall be transmitted by the
23 authority, within ten business days of the execution of such agreement
24 and amendments thereto, to the chair of the senate finance committee,
25 the chair of the assembly ways and means committee, the chair of the
26 senate transportation committee and the chair of the assembly transpor-
27 tation committee. By February first of each year, a report identifying
28 all state costs paid pursuant to such agreement in the preceding calen-
29 dar year will be transmitted by the authority to the director of the
30 budget, the chair of the senate finance committee, the chair of the
31 assembly ways and means committee, the chair of the senate transporta-
32 tion committee and the chair of the assembly transportation committee.
33 S 2. This act shall take effect immediately and shall be deemed to
34 have been in full force and effect on and after January 1, 2015.
35 PART K
36 Intentionally Omitted
37 PART L
38 Intentionally Omitted
39 PART M
40 Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174
41 of the laws of 1968 constituting the New York state urban development
42 corporation act, as amended by section 1 of part Z of chapter 57 of the
43 laws of 2014, is amended to read as follows:
44 3. The provisions of this section shall expire, notwithstanding any
45 inconsistent provision of subdivision 4 of section 469 of chapter 309 of
46 the laws of 1996 or of any other law, on July 1, [2015] 2016.
A. 6008 18
1 S 2. This act shall take effect immediately and shall be deemed to
2 have been in full force and effect on and after July 1, 2015.
3 PART N
4 Section 1. Section 2 of chapter 393 of the laws of 1994, amending the
5 New York state urban development corporation act, relating to the powers
6 of the New York state urban development corporation to make loans, as
7 amended by section 1 of part AA of chapter 57 of the laws of 2014, is
8 amended to read as follows:
9 S 2. This act shall take effect immediately provided, however, that
10 section one of this act shall expire on July 1, [2015] 2016, at which
11 time the provisions of subdivision 26 of section 5 of the New York state
12 urban development corporation act shall be deemed repealed; provided,
13 however, that neither the expiration nor the repeal of such subdivision
14 as provided for herein shall be deemed to affect or impair in any manner
15 any loan made pursuant to the authority of such subdivision prior to
16 such expiration and repeal.
17 S 2. This act shall take effect immediately and shall be deemed to
18 have been in full force and effect on and after July 1, 2015.
19 PART O
20 Section 1. Notwithstanding any law to the contrary, the comptroller is
21 hereby authorized and directed to receive for deposit to the credit of
22 the general fund the amount of up to $913,000 from the New York state
23 energy research and development authority.
24 S 2. This act shall take effect immediately and shall be deemed to
25 have been in full force and effect on and after April 1, 2015.
26 PART P
27 Section 1. Expenditures of moneys by the New York state energy
28 research and development authority for services and expenses of the
29 energy research, development and demonstration program, including
30 grants, the energy policy and planning program, and the Fuel NY program
31 shall be subject to the provisions of this section. Notwithstanding the
32 provisions of subdivision 4-a of section 18-a of the public service law,
33 all moneys committed or expended in an amount not to exceed $19,700,000
34 shall be reimbursed by assessment against gas corporations, as defined
35 in subdivision 11 of section 2 of the public service law and electric
36 corporations as defined in subdivision 13 of section 2 of the public
37 service law, where such gas corporations and electric corporations have
38 gross revenues from intrastate utility operations in excess of $500,000
39 in the preceding calendar year, and the total amount which may be
40 charged to any gas corporation and any electric corporation shall not
41 exceed one cent per one thousand cubic feet of gas sold and .010 cent
42 per kilowatt-hour of electricity sold by such corporations in their
43 intrastate utility operations in calendar year 2013. Such amounts shall
44 be excluded from the general assessment provisions of subdivision 2 of
45 section 18-a of the public service law. The chair of the public service
46 commission shall bill such gas and/or electric corporations for such
47 amounts on or before August 10, 2015 and such amounts shall be paid to
48 the New York state energy research and development authority on or
49 before September 10, 2015. Upon receipt, the New York state energy
50 research and development authority shall deposit such funds in the ener-
A. 6008 19
1 gy research and development operating fund established pursuant to
2 section 1859 of the public authorities law. The New York state energy
3 research and development authority is authorized and directed to: (1)
4 transfer $1 million to the state general fund for services and expenses
5 of the department of environmental conservation and to transfer $691,000
6 to the University of Rochester laboratory for laser energetics from the
7 funds received; (2) the authority shall not commit for any expenditure,
8 any moneys derived from the assessment provided for in this section,
9 until the chair of such authority shall have submitted, and the director
10 of the budget shall have approved, a comprehensive financial plan encom-
11 passing all moneys available to and all anticipated commitments and
12 expenditures by such authority from any source for the operations of
13 such authority. Copies of the approved comprehensive financial plan
14 shall be immediately submitted by the chair to the chairs and secre-
15 taries of the legislative fiscal committees; and (3) commencing in 2016,
16 provide to the chair of the public service commission and the director
17 of the budget and the chairs and secretaries of the legislative fiscal
18 committees, on or before August first of each year, an itemized record,
19 certified by the president and chief executive officer of the authority,
20 or his or her designee, detailing any and all expenditures and commit-
21 ments ascribable to moneys received as a result of this assessment by
22 the chair of the department of public service pursuant to section 18-a
23 of the public service law. Any such amount not committed by such author-
24 ity to contracts or otherwise expended by the authority during the
25 fiscal year shall be refunded by such authority on a pro-rata basis to
26 such gas and/or electric corporations, in a manner to be determined by
27 the department of public service.
28 S 2. This act shall take effect immediately and shall be deemed to
29 have been in full force and effect on and after April 1, 2015.
30 PART Q
31 Section 1. The opening paragraph of subdivision (h) of section 121 of
32 chapter 261 of the laws of 1988, amending the state finance law and
33 other laws relating to the New York state infrastructure trust fund, as
34 amended by chapter 175 of the laws of 2010, is amended to read as
35 follows:
36 The provisions of section sixty-two through sixty-six of this act
37 shall expire on December thirty-first, two thousand [sixteen] SEVENTEEN,
38 except that:
39 S 2. This act shall take effect immediately.
40 PART R
41 Section 1. Notwithstanding any other law, rule or regulation to the
42 contrary, expenses of the department of health public service education
43 program incurred pursuant to appropriations from the cable television
44 account of the state miscellaneous special revenue funds shall be deemed
45 expenses of the department of public service.
46 S 2. This act shall take effect immediately and shall be deemed to
47 have been in full force and effect on and after April 1, 2015.
48 PART S
49 Section 1. Section 2 of part BB of chapter 58 of the laws of 2012,
50 amending the public authorities law relating to authorizing the dormito-
A. 6008 20
1 ry authority to enter into certain design and construction management
2 agreements, as amended by section 1 of part W of chapter 57 of the laws
3 of 2014, is amended to read as follows:
4 S 2. This act shall take effect immediately and shall expire and be
5 deemed repealed April 1, [2015] 2017.
6 S 2. Within 90 days of the effective date of this act, the dormitory
7 authority of the state of New York shall provide a report providing
8 information regarding any project undertaken pursuant to a design and
9 construction management agreement, as authorized by part BB of chapter
10 58 of the laws of 2012, between the dormitory authority of the state of
11 New York and the department of environmental conservation and/or the
12 office of parks, recreation and historic preservation to the governor,
13 the temporary president of the senate and speaker of the assembly. Such
14 report shall include but not be limited to a description of each such
15 project, the project identification number of each such project, if
16 applicable, the projected date of completion, the status of the project,
17 the total cost or projected cost of each such project, and the location,
18 including the names of any county, town, village or city, where each
19 such project is located or proposed. In addition, such a report shall be
20 provided to the aforementioned parties by the first day of March of each
21 year that the authority to enter into such agreements pursuant to part
22 BB of chapter 58 of the laws of 2012 is in effect.
23 S 3. This act shall take effect immediately and shall be deemed to
24 have been in effect on and after April 1, 2015.
25 PART T
26 Section 1. Section 2 of chapter 21 of the laws of 2003, amending the
27 executive law relating to permitting the secretary of state to provide
28 special handling for all documents filed or issued by the division of
29 corporations and to permit additional levels of such expedited service,
30 as amended by section 1 of part N of chapter 57 of the laws of 2014, is
31 amended to read as follows:
32 S 2. This act shall take effect immediately, provided however, that
33 section one of this act shall be deemed to have been in full force and
34 effect on and after April 1, 2003 and shall expire March 31, [2015]
35 2016.
36 S 2. This act shall take effect immediately and shall be deemed to
37 have been in full force and effect on and after March 31, 2015.
38 PART U
39 Section 1. Subdivision 2 of section 446-b of the real property law, as
40 amended by chapter 61 of the laws of 1989, is amended to read as
41 follows:
42 2. The application for such license shall be filed in the office of
43 the secretary of state on such forms as the secretary may prescribe [and
44 shall be accompanied by a fee of four hundred dollars].
45 S 2. Subdivision 3 of section 446-b of the real property law, as
46 amended by chapter 805 of the laws of 1980, is amended to read as
47 follows:
48 3. When the apartment information vendor maintains more than one place
49 of business, he shall apply for [and the secretary shall issue] a
50 supplemental license for each branch office so maintained [upon payment
51 of a fee of two hundred fifty dollars for each supplemental license so
52 issued]. Supplemental licenses shall be conspicuously displayed in each
A. 6008 21
1 branch office. The display of an expired license by any person, firm,
2 partnership or corporation is a violation of the provisions of this
3 article.
4 S 3. Subdivision 5 of section 446-b of the real property law, as
5 amended by chapter 805 of the laws of 1980, is amended to read as
6 follows:
7 5. Any license granted under the provisions hereof may be renewed for
8 one year by the secretary upon application therefor by the holder, in
9 such form as the secretary may prescribe[, and payment of a two hundred
10 fifty dollar fee for such license]. The secretary may dispense with the
11 requirement for the filing of such statements as was contained in the
12 original application for license.
13 S 4. Subdivision 2 of section 446-d of the real property law, as
14 amended by chapter 805 of the laws of 1980, is amended to read as
15 follows:
16 2. The secretary shall be notified in writing at his OR HER office in
17 Albany of any change of a licensee's business address or name, and the
18 secretary shall issue a license for the unexpired term, upon return of
19 the original license [and the payment of a fee of twenty dollars]. A
20 licensee who fails to notify the secretary of any change in business
21 address or name within ten days shall forfeit his OR HER license.
22 S 5. This act shall take effect immediately.
23 PART V
24 Section 1. Section 219 of the agriculture and markets law, as amended
25 by chapter 122 of the laws of 1988, is amended to read as follows:
26 S 219. Application [and fee]. Application for license as a food
27 salvager[,] SHALL BE MADE upon a form prescribed by the commissioner[,
28 shall be made on or before June first in every other year for the
29 license period beginning July first following]. The applicant shall
30 satisfy the commissioner of his OR HER character and that he OR SHE has
31 adequate physical facilities for salvaging food and food products. If so
32 satisfied, the commissioner shall [upon receipt of the license fee]
33 issue to the applicant a [license which shall be] non-transferable
34 LICENSE, WHICH WILL EXPIRE ON THE THIRTIETH OF JUNE OF THE NEXT EVEN
35 NUMBERED YEAR FOLLOWING ITS ISSUANCE. [The biennial license fee shall be
36 one hundred dollars.] APPLICATION FOR RENEWAL OF SUCH LICENSE FOR A
37 PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY, UPON A FORM PRESCRIBED BY
38 THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
39 EXPIRATION OF THE EXISTING LICENSE. Where a person operates more than
40 one salvage warehouse a separate license is required for each location.
41 S 2. Section 231 of the agriculture and markets law, as amended by
42 section 7 of part I1 of chapter 62 of the laws of 2003, is amended to
43 read as follows:
44 S 231. Licenses, issuance of. No person or corporation shall maintain
45 or operate any refrigerated warehouse and/or locker plant unless
46 licensed by the commissioner. Application[,] SHALL BE MADE upon a form
47 prescribed by the commissioner[, shall be made on or before September
48 first of every other year for the license period beginning October first
49 following]. The applicant shall satisfy the commissioner of his or [its]
50 HER character, financial responsibility, and competency to operate a
51 refrigerated warehouse or locker plant. The commissioner, if so satis-
52 fied, shall[, upon receipt of the license fee or fees,] issue to the
53 applicant a license or licenses [to operate the refrigerated warehouse
54 or warehouses or locker plant or locker plants described in the applica-
A. 6008 22
1 tion until the first day of October] WHICH WILL EXPIRE ON THE THIRTIETH
2 OF SEPTEMBER of the NEXT ODD NUMBERED year following [the year in which
3 such license was issued] ITS ISSUANCE. [The biennial license fee shall
4 be two hundred dollars for each refrigerated warehouse. If a locker
5 plant is operated as part of a refrigerated warehouse and upon the same
6 premises, no additional license fee shall be required.] APPLICATION FOR
7 RENEWAL OF SUCH LICENSE OR LICENSES FOR A PERIOD OF TWO YEARS SHALL BE
8 MADE BIENNIALLY, UPON A FORM PRESCRIBED BY THE COMMISSIONER AND SUBMIT-
9 TED NO LATER THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THE EXISTING
10 LICENSE OR LICENSES.
11 S 3. Section 96-z-2 of the agriculture and markets law, as added by
12 chapter 391 of the laws of 1968, is amended to read as follows:
13 S 96-z-2. Application [and fees]. Application for a license to operate
14 a disposal plant or transportation service[,] SHALL BE MADE upon a form
15 prescribed by the commissioner[, shall be made on or before September
16 first in each year for the license year beginning October first follow-
17 ing]. The applicant shall satisfy the commissioner of his OR HER charac-
18 ter and that he OR SHE has adequate physical facilities for the opera-
19 tion of a disposal plant or transportation service. If so satisfied, the
20 commissioner shall [upon payment of the license fee] issue to the appli-
21 cant a NON-TRANSFERABLE license which [shall be non-transferable] WILL
22 EXPIRE ON THE THIRTIETH DAY OF SEPTEMBER OF THE NEXT EVEN NUMBERED YEAR
23 FOLLOWING ITS ISSUANCE. APPLICATION FOR RENEWAL OF SUCH LICENSE FOR A
24 PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY UPON A FORM PRESCRIBED BY
25 THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
26 EXPIRATION OF THE EXISTING LICENSE. [The annual license fee for a
27 disposal plant shall be one hundred dollars, plus an inspection fee of
28 ten dollars for each vehicle. The annual license fee for a transporta-
29 tion service shall be twenty-five dollars, plus an inspection fee of ten
30 dollars for each vehicle.]
31 S 4. Section 128-a of the agriculture and markets law, as amended by
32 chapter 451 of the laws of 2008, subdivisions 4, 5, 6, 7, 8 and 9 as
33 renumbered by section 2 of part N of chapter 58 of the laws of 2012, is
34 amended to read as follows:
35 S 128-a. Licenses. 1. No person shall manufacture any commercial feed
36 in this state unless such person holds a license issued therefor by the
37 commissioner. [Notwithstanding the foregoing, a person, in operation on
38 or before the effective date of this section, who has filed an applica-
39 tion for an initial license under this section shall be authorized to
40 operate without such license until the commissioner grants or, after
41 notice and opportunity to be heard, declines to grant such license.]
42 Each application for a license shall be made on a form supplied by the
43 department and shall contain such information as may be required by the
44 department. A LICENSE ISSUED ON OR BEFORE THE THIRTIETH OF JUNE WILL
45 EXPIRE ON THE THIRTY-FIRST OF DECEMBER OF THE YEAR OF ITS ISSUANCE, AND
46 IF ISSUED BETWEEN JULY FIRST AND DECEMBER THIRTY-FIRST, WILL EXPIRE ON
47 THE THIRTY-FIRST DAY OF DECEMBER IN THE YEAR FOLLOWING ITS ISSUANCE.
48 Renewal applications shall be [submitted to] MADE ANNUALLY ON A FORM
49 PRESCRIBED BY the commissioner [at least] AND SUBMITTED NO LATER THAN
50 thirty days prior to the [commencement of the next license year] EXPIRA-
51 TION OF THE EXISTING LICENSE.
52 2. The commissioner may deny any application for a license or revoke
53 any license when granted, after written notice to the applicant and an
54 opportunity to be heard, when:
55 (a) any statement in the application or upon which it was issued is or
56 was false or misleading;
A. 6008 23
1 (b) facilities of the applicant are not maintained in a manner as
2 required by rules and regulations duly promulgated by the commissioner;
3 (c) the maintenance and operation of the establishment of the appli-
4 cant is such that the commercial feed produced therein is or may be
5 adulterated, misbranded, or not maintained in any manner as required by
6 this article;
7 (d) the applicant or licensee, or an officer, director, partner or
8 holder of ten per centum or more of the voting stock of the applicant or
9 licensee, has failed to comply with any of the provisions of this arti-
10 cle or rules and regulations promulgated pursuant thereto; or
11 (e) the applicant or licensee is a partnership or corporation and any
12 individual holding any position or interest or power of control therein
13 has previously been responsible in whole or in part for any act on
14 account of which an application for licensure may be denied or a license
15 revoked pursuant to the provisions of this article.
16 3. [Each application for an initial license shall be accompanied by a
17 non-refundable fee of one hundred dollars. The commissioner shall
18 prorate the license fee for any person applying for an initial license
19 after the commencement of the licensing period. Licenses shall be renew-
20 able annually thereafter, together with the payment of a non-refundable
21 fee of fifty dollars.
22 4.] Inspection in accordance with section one hundred thirty-five-a of
23 this article, the results of which establish compliance with the
24 provisions of this article, shall precede issuance of a license or
25 renewal thereof under this section.
26 [5.] 4. Upon validation by the commissioner, the application shall
27 become the license of the person.
28 [6.] 5. The commissioner shall provide a copy of the license to the
29 [person] LICENSEE. The commissioner shall also retain a copy of the
30 license.
31 [7.] 6. No licensee shall publish or advertise the sale of any commer-
32 cial feed unless the publication or advertisement is accompanied by such
33 licensee's license number. [Notwithstanding the foregoing, a person, in
34 operation on or before the effective date of this section, who has filed
35 an application for an initial license under this section may publish or
36 advertise the sale or availability of any commercial feed without the
37 publication or advertisement being accompanied by the person's license
38 number until the commissioner grants or, after notice and opportunity to
39 be heard, declines to grant such license.
40 8.] 7. Commercial feed licenses shall be conspicuously displayed on
41 the premises so that they may be readily seen by officers and employees
42 of the department.
43 [9.] 8. Notwithstanding the definition of commercial feed under subdi-
44 vision seven of section one hundred twenty-eight of this article, the
45 provisions of this section shall not apply to a person who conducts a
46 business of selling pet food and specialty pet food.
47 S 5. Section 142-ee of the agriculture and markets law, as amended by
48 chapter 251 of the laws of 1999, is amended to read as follows:
49 S 142-ee. License [and fee]. Each certificate filed pursuant to
50 section one hundred forty-two-dd OF THIS ARTICLE shall be accompanied by
51 an application, upon forms supplied by the commissioner, for a license
52 to supply such material under the brand name specified therein, and
53 there shall be transmitted therewith a copy of the label and of the
54 statement proposed to accompany such material in compliance with section
55 one hundred forty-two-cc[, together with a license fee of forty dollars
56 for each such brand] OF THIS ARTICLE. Such application shall incorpo-
A. 6008 24
1 rate by reference the data contained in the accompanying certificate for
2 the brand for which the license is sought. Upon compliance with the
3 provisions of this article, the applicant shall be issued a license for
4 the supplying of such qualifying brand of agricultural liming material,
5 which license shall expire on the thirty-first day of December of the
6 NEXT EVEN NUMBERED year following the year in which it is issued, but no
7 such license shall be issued for the supplying of any such material
8 which does not meet the minimum standards herein provided for, nor for
9 the supplying thereof under a brand descriptive designation or with a
10 label or accompanying statement which is or tends to be misleading or
11 deceptive as to quality, analysis or composition. APPLICATION FOR A
12 RENEWAL OF THE LICENSE FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIAL-
13 LY, UPON A FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER
14 THAN THIRTY DAYS PRIOR TO THE EXPIRATION OF THE EXISTING LICENSE. Any
15 such license so issued may be revoked by the commissioner, after notice
16 to the licensee by mail or otherwise and opportunity to be heard, when
17 it appears that any statement or representation upon which it is issued
18 is false or misleading. The action of the commissioner in refusing to
19 grant a license, or in revoking a license, shall be subject to review by
20 a proceeding under article seventy-eight of the civil practice law and
21 rules, but the decision of the commissioner shall be final unless within
22 thirty days from the date of the order embodying such action such
23 proceeding to review has been instituted.
24 Whenever a manufacturer, producer or distributor shall have been
25 licensed to supply a particular brand of material hereunder, no agent,
26 seller or retailer of such brand shall be required to file a certificate
27 or obtain a license for such brand during a period for which such
28 license is in effect, nor upon such goods which were acquired during a
29 period for which a license was in effect and remaining undistributed in
30 subsequent years.
31 S 6. Subdivision (a) of section 146 of the agriculture and markets
32 law, as amended by chapter 251 of the laws of 1999, is amended to read
33 as follows:
34 (a) No person shall distribute in this state any type of fertilizer
35 until a [biennial] license to distribute the same has been obtained from
36 the commissioner by the person whose labelling is applied to such ferti-
37 lizer upon payment of a one hundred fifty dollar fee. [All licenses
38 shall expire on a date to be set by the commissioner in regulations.]
39 THE INITIAL LICENSE ISSUED HEREUNDER SHALL EXPIRE ON DECEMBER
40 THIRTY-FIRST OF THE NEXT EVEN NUMBERED YEAR FOLLOWING THE YEAR IN WHICH
41 IT WAS ISSUED AND EACH RENEWAL OF THAT LICENSE SHALL BE FOR A TWO YEAR
42 PERIOD, ENDING ON DECEMBER THIRTY-FIRST. APPLICATION FOR A RENEWAL OF
43 SUCH LICENSE SHALL BE MADE BIENNIALLY, UPON A FORM PRESCRIBED BY THE
44 COMMISSIONER AND BE SUBMITTED NO LATER THAN THIRTY DAYS PRIOR TO THE
45 EXPIRATION OF THE EXISTING LICENSE.
46 S 7. Section 147-b of the agriculture and markets law, as amended by
47 chapter 122 of the laws of 1988, is amended to read as follows:
48 S 147-b. License. No person shall sell, offer or expose for sale in
49 this state any soil or plant inoculant unless licensed as provided in
50 this section. Application for a license SHALL BE MADE upon a form
51 prescribed by the commissioner [shall be made biennially. The applica-
52 tion] AND shall include a statement as to whether the inoculant is
53 represented as effective for inoculating legumes or for some other
54 purpose, and, if represented as effective for the inoculation of
55 legumes, for which legume or legumes it is so represented. With the
56 application, the applicant shall present a representative sample of the
A. 6008 25
1 soil or plant inoculant described in the application. The commissioner,
2 if satisfied that the inoculant may be depended upon to produce an
3 effective inoculation for the purpose represented, shall issue to such
4 applicant a license for the sale of such inoculant, expiring on December
5 thirty-first of the NEXT EVEN NUMBERED year following [the year in which
6 it is issued] ITS ISSUANCE. [The applicant shall pay biennially, at the
7 time of presenting the application, to the commissioner for remittance
8 to the state treasury, a license fee of twenty dollars for each brand of
9 inoculants as defined in the rules and regulations adopted by the
10 commissioner as provided in this article.] APPLICATION FOR RENEWAL OF
11 SUCH LICENSE FOR A PERIOD OF TWO YEARS SHALL BE MADE BIENNIALLY UPON A
12 FORM PRESCRIBED BY THE COMMISSIONER AND SUBMITTED NO LATER THAN THIRTY
13 DAYS PRIOR TO THE EXPIRATION OF THE EXISTING LICENSE.
14 S 8. Paragraph (a) of subdivision 1 of section 248 of the agriculture
15 and markets law, as amended by chapter 490 of the laws of 2005, is
16 amended to read as follows:
17 (a) No person shall act as a dealer unless licensed as provided in
18 this article. Application shall be made upon such forms and at such
19 times as prescribed by the commissioner. Renewal applications shall be
20 submitted to the commissioner at least thirty days prior to the
21 [commencement of the next] EXPIRATION OF THE EXISTING license [year]. No
22 action will be taken on applications deemed incomplete by the commis-
23 sioner. The applicant shall furnish evidence of his or her good charac-
24 ter, financial statements, prepared and certified by a certified public
25 accountant when required by the commissioner, and evidence that he or
26 she has adequate physical facilities for receiving and handling farm
27 products or processing farm products if he or she is to act as a dealer.
28 The commissioner, if so satisfied, shall issue to such applicant, [upon
29 payment of twenty dollars, and] upon the filing of a bond or letter of
30 credit and upon payment of a fee to be deposited into the agricultural
31 producers security fund as hereinafter provided, a license entitling the
32 applicant to conduct the business of a dealer in farm products for a
33 period of one year. Notwithstanding any other provision of this section,
34 an applicant who intends to pay and a licensee who pays upon delivery
35 for purchases of farm products from producers, in cash, or cash equiv-
36 alent, including only certified or bank check, money order, electronic
37 funds transfer, or by debit card, shall be exempt from filing a bond or
38 letter of credit. In the event that a licensee who has been so exempted
39 from filing a bond or letter of credit fails to pay cash or a cash
40 equivalent upon delivery for any purchase of farm products from a
41 producer, such licensee shall file a bond or letter of credit as other-
42 wise required by this section with the commissioner no later than ten
43 business days from the date the commissioner notifies the licensee that
44 such bond or letter of credit is required.
45 S 9. Subdivision 5 of section 500 of the agriculture and markets law,
46 as amended by section 3 of part II of chapter 59 of the laws of 2009, is
47 amended to read as follows:
48 5. Licensure. No person shall maintain or operate a retail food store,
49 food service establishment or food warehouse unless such establishment
50 is licensed pursuant to the provisions of this article, provided, howev-
51 er, that establishments registered, permitted or licensed by the depart-
52 ment pursuant to other provisions of this chapter, under permit and
53 inspection by the state department of health or by a local health agency
54 which maintains a program certified and approved by the state commis-
55 sioner of health, or subject to inspection by the United States depart-
56 ment of agriculture pursuant to the federal meat, poultry or egg
A. 6008 26
1 inspection programs, shall be exempt from licensure under this article.
2 Application for licensure of a retail food store, food service estab-
3 lishment or food warehouse shall be made, upon a form prescribed by the
4 commissioner, on or before December first of every other year for the
5 registration period beginning January first following. Upon submission
6 of a completed application, together with the applicable licensing fee,
7 the commissioner shall ISSUE A license TO the retail food store, food
8 service establishment or food warehouse described in the application for
9 two years from the [applicable registration commencement period set
10 forth in this section] DATE OF ISSUANCE. The [licensing] LICENSE fee
11 shall be two hundred fifty dollars provided, however, that food ware-
12 houses shall pay a [licensing] LICENSE fee of four hundred dollars.
13 NOTWITHSTANDING THE PRECEDING SENTENCE, THE COMMISSIONER SHALL, UPON
14 SUBMISSION OF A COMPLETED APPLICATION FOR A NEW LICENSE BY AN APPLICANT
15 THAT IS A CHAIN STORE, AS DEFINED BY SUBDIVISION FIVE OF SECTION TWO
16 HUNDRED FIFTY-ONE-Z-TWO OF THIS CHAPTER, ISSUE SUCH LICENSE FOR A PERIOD
17 ENDING ON THE SAME DATE AS THE LICENSES OF THE OTHER CHAIN STORES THAT
18 ARE A PART OF THE SAME NETWORK.
19 S 10. Subdivision 1 of section 133-a of the agriculture and markets
20 law is amended by adding a new paragraph (c) to read as follows:
21 (C) NO FEE SHALL BE PAID BY ANY PERSON FOR ANY YEAR IN WHICH SUCH
22 PERSON DISTRIBUTED LESS THAN ONE HUNDRED TONS OF FEED INGREDIENTS AND
23 COMMERCIAL FEEDS IN THIS STATE.
24 S 11. This act shall take effect immediately.
25 PART W
26 Section 1. Legislative findings. The legislature hereby finds and
27 determines that the establishment of the utility debt securitization
28 authority under part B of chapter 173 of the laws of 2013 permitted the
29 issuance of securitized restructuring bonds on favorable terms which
30 resulted in lower aggregate distribution, transmission and transition
31 charges to Long Island ratepayers, compared to other available alterna-
32 tives, and the purposes of such act will be further advanced by amending
33 such act to permit the issuance of additional such bonds subject to a
34 limit on the outstanding principal amount thereof, including the poten-
35 tial issuance of such bonds by a newly created restructuring bond
36 issuer.
37 S 2. Subdivision 10 of section 2 of part B of chapter 173 of the laws
38 of 2013 relating to the issuance of securitized restructuring bonds to
39 refinance the outstanding debt of the Long Island power authority is
40 amended to read as follows:
41 10. "Restructuring bond issuer" means the corporate municipal instru-
42 mentality of the state created under PARAGRAPH A OR B OF SUBDIVISION ONE
43 OF section four of this act.
44 S 2-a. Subdivision 11 of section 2 of part B of chapter 173 of the
45 laws of 2013 relating to the issuance of securitized restructuring bonds
46 to refinance the outstanding debt of the Long Island power authority is
47 amended to read as follows:
48 11. "Restructuring bonds" means bonds or other evidences of indebt-
49 edness that are issued pursuant to an indenture or other agreement of
50 the restructuring bond issuer under a restructuring cost financing order
51 (a) the proceeds of which are used, directly or indirectly, to recover,
52 finance, or refinance approved restructuring costs, (b) that are direct-
53 ly or indirectly secured by, or payable from, restructuring property,
54 and (c) that have a term no longer than THE LIPA BONDS OR OTHER
A. 6008 27
1 EVIDENCES OF INDEBTEDNESS THAT ARE BEING RESTRUCTURED AND NO LONGER THAN
2 thirty years.
3 S 3. Subdivision 6 of section 3 of part B of chapter 173 of the laws
4 of 2013 relating to the issuance of securitized restructuring bonds to
5 refinance the outstanding debt of the Long Island power authority is
6 amended to read as follows:
7 6. Issuance of restructuring bonds. Within ninety days after receiving
8 notice of confirmation from the authority, the restructuring bond issuer
9 shall issue the restructuring bonds, in one or more series or tranches
10 and at one or more times, pursuant to the agreement to sell the restruc-
11 turing bonds. The restructuring bond issuer shall purchase the restruc-
12 turing property from the authority for a purchase price equal to the net
13 proceeds from the sale of the restructuring bonds less any amounts of
14 such proceeds required to fund or pay upfront financing costs. THE
15 AGGREGATE PRINCIPAL AMOUNT OF RESTRUCTURING BONDS AUTHORIZED TO BE
16 ISSUED PURSUANT TO THIS SECTION SHALL NOT EXCEED FOUR BILLION FIVE
17 HUNDRED MILLION DOLLARS.
18 S 4. The section heading and subdivision 1 of section 4 of part B of
19 chapter 173 of the laws of 2013 relating to the issuance of securitized
20 restructuring bonds to refinance the outstanding debt of the Long Island
21 power authority is amended to read as follows:
22 Creation of restructuring bond [issuer] ISSUERS. 1. Creation of
23 restructuring bond [issuer] ISSUERS. (A) For the purpose of effectuat-
24 ing the purposes declared in section one of this act, there is hereby
25 created a special purpose corporate municipal instrumentality of the
26 state to be known as "utility debt securitization authority", which
27 shall be a body corporate and politic, a political subdivision of the
28 state, and a public benefit corporation, exercising essential govern-
29 mental and public powers for the good of the public. [The] SUCH restruc-
30 turing bond issuer shall not be created or organized, and its operations
31 shall not be conducted, for the purpose of making a profit. No part of
32 the revenues or assets of [the] SUCH restructuring bond issuer shall
33 inure to the benefit of or be distributable to its trustees or officers
34 or any other private persons, except as herein provided for actual
35 services rendered.
36 (B) FOR THE PURPOSE OF EFFECTUATING THE PURPOSES DECLARED IN SECTION
37 ONE OF THIS ACT, AND IN CONTEMPLATION OF SATISFACTION OF THE CONDITIONS
38 SET FORTH IN THE LAST SENTENCE OF THIS PARAGRAPH, THERE IS HEREBY
39 CREATED A SPECIAL PURPOSE CORPORATE MUNICIPAL INSTRUMENTALITY OF THE
40 STATE TO BE KNOWN AS "UTILITY DEBT SECURITIZATION AUTHORITY NO. 2",
41 WHICH SHALL BE A BODY CORPORATE AND POLITIC, A POLITICAL SUBDIVISION OF
42 THE STATE, AND A PUBLIC BENEFIT CORPORATION, EXERCISING ESSENTIAL
43 GOVERNMENTAL AND PUBLIC POWERS FOR THE GOOD OF THE PUBLIC. SUCH RESTRUC-
44 TURING BOND ISSUER SHALL NOT BE CREATED OR ORGANIZED, AND ITS OPERATIONS
45 SHALL NOT BE CONDUCTED, FOR THE PURPOSE OF MAKING A PROFIT. NO PART OF
46 THE REVENUES OR ASSETS OF SUCH RESTRUCTURING BOND ISSUER SHALL INURE TO
47 THE BENEFIT OF OR BE DISTRIBUTABLE TO ITS TRUSTEES OR OFFICERS OR ANY
48 OTHER PRIVATE PERSONS, EXCEPT AS HEREIN PROVIDED FOR ACTUAL SERVICES
49 RENDERED. SUCH RESTRUCTURING BOND ISSUER SHALL ISSUE NO RESTRUCTURING
50 BONDS UNLESS AND UNTIL THE AUTHORITY BY RESOLUTION SHALL HAVE FOUND AND
51 DETERMINED THAT ON THE BASIS OF THE DOCUMENTS AND OPINIONS PRESENTED TO
52 IT, THE TERMS OF SALE OF SUCH BONDS ARE, AT SUCH TIME, REASONABLY
53 EXPECTED TO BE MORE FAVORABLE THAN SUCH TERMS WOULD BE IF SUCH RESTRUC-
54 TURING BONDS WERE TO BE ISSUED BY THE RESTRUCTURING BOND ISSUER CREATED
55 BY PARAGRAPH (A) OF THIS SUBDIVISION.
A. 6008 28
1 (C) NOTWITHSTANDING SUBDIVISION FOUR OF THIS SECTION, IF THE AUTHORITY
2 BY SUCH RESOLUTION PASSED IN THE LAST SENTENCE OF PARAGRAPH (B) OF THIS
3 SUBDIVISION, CREATES THE RESTRUCTURING BOND ISSUER CREATED BY PARAGRAPH
4 (B) OF THIS SUBDIVISION, THE LEGISLATURE SHALL HAVE TWO ADDITIONAL
5 APPOINTEES ON SUCH RESTRUCTURING BOND ISSUER'S BOARD, ONE OF WHOM SHALL
6 E APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, AND ONE OF WHOM
7 SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, THESE TWO APPOINTEES
8 ARE IN ADDITION TO THE THREE TRUSTEES APPOINTED BY THE GOVERNOR IN
9 SUBDIVISION FOUR OF THIS SECTION. THE APPOINTEE OF THE TEMPORARY PRESI-
10 DENT OF THE SENATE SHALL SERVE AN INITIAL TERM OF THREE YEARS; THE
11 APPOINTEE OF THE SPEAKER OF THE ASSEMBLY SHALL SERVE AN INITIAL TERM OF
12 SIX YEARS. THEIR SUCCESSORS SHALL SERVE FOR TERMS OF SIX YEARS EACH. THE
13 APPOINTING OFFICER MAY REMOVE ANY TRUSTEE FOR INEFFICIENCY, NEGLECT OF
14 DUTY OR MISCONDUCT IN OFFICE AFTER GIVING HIM OR HER A COPY OF THE
15 CHARGES AGAINST HIM OR HER AND AN OPPORTUNITY TO BE HEARD, IN PERSON OR
16 BY COUNSEL, IN HIS OR HER DEFENSE, UPON NOT LESS THAN TEN DAYS NOTICE.
17 IF ANY TRUSTEE SHALL BE SO REMOVED, THE APPOINTING OFFICER SHALL FILE IN
18 THE OFFICE OF THE DEPARTMENT OF STATE A COMPLETE STATEMENT OF THE CHARG-
19 ES MADE AGAINST SUCH TRUSTEE AND HIS OR HER FINDINGS THEREON, TOGETHER
20 WITH A COMPLETE RECORD OF THE PROCEEDINGS. TRUSTEES APPOINTED PURSUANT
21 TO THIS PARAGRAPH SHALL BE SUBJECT TO PARAGRAPHS (B), (C), (D), (E), (G)
22 AND (H) OF SUBDIVISION FOUR OF THIS SECTION.
23 S 5. Subparagraph (i) of paragraph (a) of subdivision 2 of section 4
24 of part B of chapter 173 of the laws of 2013 relating to the issuance of
25 securitized restructuring bonds to refinance the outstanding debt of the
26 Long Island power authority is amended to read as follows:
27 (i) issue the restructuring bonds contemplated by a restructuring cost
28 financing order, and use the proceeds thereof to purchase or acquire,
29 and to own, hold and use restructuring property or to pay or fund
30 upfront financing costs provided, however, that the restructuring bond
31 issuer shall only issue and sell restructuring bonds [once] THE TERM OF
32 WHICH DO NOT MATURE AT A DATE LATER THAN THE DEBT OR OTHER EVIDENCES OF
33 INDEBTEDNESS THAT ARE BEING RESTRUCTURED;
34 S 6. This act shall take effect immediately.
35 PART X
36 Section 1. Intentionally omitted.
37 S 2. Intentionally omitted.
38 S 3. Paragraphs (a), (b) and (d) of subdivision 4 of section 174 of
39 the navigation law, paragraph (a) as amended by section 1 of part E of
40 chapter 413 of the laws of 1999, paragraph (b) as amended by chapter 512
41 of the laws of 1986 and paragraph (d) as added by section 21 of part A
42 of chapter 58 of the laws of 1998, are amended to read as follows:
43 (a) The license fee shall be [one cent] NINE AND ONE-HALF CENTS per
44 barrel transferred [until the balance in such account established by
45 paragraph (a) of subdivision two of section one hundred seventy-nine of
46 this article equals or exceeds twenty-five million dollars], provided,
47 however, that the fee on any barrel, including any products derived
48 therefrom, subject to multiple transfer, shall be imposed only once at
49 the point of first transfer. In each fiscal year following any year in
50 which the balance of [such] THE account ESTABLISHED BY PARAGRAPH (A) OF
51 SUBDIVISION TWO OF SECTION ONE HUNDRED SEVENTY-NINE OF THIS ARTICLE
52 equals or exceeds [twenty-five] FORTY million dollars, no license fee
53 shall be imposed unless (a) the current balance in such account is less
54 than [twenty] THIRTY-FIVE million dollars or (b) pending claims against
A. 6008 29
1 such account exceed fifty percent of the existing balance of such
2 account. [The provisions of the foregoing notwithstanding, should claims
3 paid from such account not exceed five million dollars within three
4 years after the license fee is first imposed, the license fee shall be
5 one cent per barrel transferred until the balance in such account equals
6 or exceeds eighteen million dollars, and thereafter shall not be imposed
7 unless: (1) the current balance in such account is less than fifteen
8 million dollars or (2) pending claims against such account exceed fifty
9 percent of the existing balance of such account.] In the event of either
10 such occurrence and upon certification thereof by the state comptroller,
11 the administrator shall within ten days of the date of such certif-
12 ication reimpose the license fee, which shall take effect on the first
13 day of the month following such relevy. [In the event of a major
14 discharge or series of discharges resulting in claims against such
15 account exceeding the existing balance of such account, the license fee
16 shall be imposed at the rate of eight cents per barrel transferred until
17 the balance in such account equals pending claims against such account;
18 provided, however, that the] THE rate may be set at less than [eight]
19 NINE AND ONE-HALF cents per barrel transferred if the administrator
20 determines that the revenue produced by such lower rate shall be suffi-
21 cient to pay outstanding claims against such account within one year of
22 such imposition of the license fee. Should such account exceed eighteen
23 million dollars or twenty-five million dollars, as herein provided, as a
24 result of interest, the administrator and the commissioner of environ-
25 mental conservation shall report to the legislature and the governor
26 concerning the options for the use of such interest. The fee established
27 by this paragraph shall not be imposed upon any barrel which is trans-
28 ferred to a land based facility but thereafter exported from this state
29 for use outside the state and is shipped to facilities outside the state
30 regardless of whether the delivery or sale of such petroleum occurs in
31 this state.
32 (b) The surcharge on the license fee shall be [two and one-half cents
33 per barrel for each barrel transferred on or after June first, nineteen
34 hundred eighty-five but before February first, nineteen hundred eighty-
35 eight. Such surcharge shall be three and one-half cents per barrel for
36 each barrel transferred on or after February first, nineteen hundred
37 eighty-eight, but before February first, nineteen hundred ninety. Such
38 surcharge shall be] four and one-quarter cents per barrel for each
39 barrel transferred on or after February first, nineteen hundred ninety.
40 (d) The surcharge established by paragraph (b) of this subdivision
41 shall be [one and one-half] THIRTEEN AND THREE QUARTERS cents per barrel
42 for any barrel that is transferred but thereafter exported from this
43 state for use outside the state as described by paragraph (a) of this
44 subdivision. TWELVE AND ONE-QUARTER CENTS OF SUCH SURCHARGE SHALL BE
45 CREDITED TO THE ACCOUNT ESTABLISHED BY PARAGRAPH (A) OF SUBDIVISION TWO
46 OF SECTION ONE HUNDRED SEVENTY-NINE OF THIS ARTICLE.
47 S 4. The opening paragraph and paragraph (a) of subdivision 2 of
48 section 179 of the navigation law, the opening paragraph as amended by
49 chapter 38 of the laws of 1985 and paragraph (a) as amended by section
50 2 of part I of chapter 577 of the laws of 2004, are amended and a new
51 paragraph (c) is added to read as follows:
52 [Two] THREE separate accounts are hereby established within the fund
53 established by subdivision one of this section:
54 (a) An account which shall be credited with all license fees and
55 penalties collected pursuant to paragraph (b) of subdivision one and
56 paragraph (a) of subdivision four of section one hundred seventy-four of
A. 6008 30
1 this article, THE PORTION OF THE SURCHARGE COLLECTED PURSUANT TO PARA-
2 GRAPH (D) OF SUBDIVISION FOUR OF SECTION ONE HUNDRED SEVENTY-FOUR OF
3 THIS ARTICLE NOT CREDITED TO THE ACCOUNT ESTABLISHED BY PARAGRAPH (A) OF
4 SUBDIVISION TWO OF SECTION ONE HUNDRED SEVENTY-NINE OF THIS ARTICLE,
5 penalties collected pursuant to paragraph (b) of subdivision four of
6 section one hundred seventy-four-a of this article, money collected
7 pursuant to section one hundred eighty-seven of this article, all penal-
8 ties collected pursuant to section one hundred ninety-two of this arti-
9 cle, and registration fees collected pursuant to subdivision two of
10 section 17-1009 of the environmental conservation law.
11 (C) AN OIL SPILL PREVENTION AND TRAINING ACCOUNT WHICH SHALL BE CRED-
12 ITED WITH TWO MILLION ONE HUNDRED THOUSAND DOLLARS IN STATE FISCAL YEAR
13 2015-16 AND ONE MILLION DOLLARS IN EACH SUBSEQUENT FISCAL YEAR FROM THE
14 PORTION OF THE SURCHARGE COLLECTED PURSUANT TO PARAGRAPH (D) OF SUBDIVI-
15 SION FOUR OF SECTION ONE HUNDRED SEVENTY-FOUR FOR USE ONLY FOR THE
16 PURPOSES AUTHORIZED IN SUBDIVISION THREE OF SECTION ONE HUNDRED EIGHTY-
17 SIX OF THIS PART. IF THE BALANCE IN THE OIL SPILL PREVENTION AND TRAIN-
18 ING ACCOUNT EXCEEDS THREE MILLION DOLLARS AT THE START OF ANY FISCAL
19 YEAR THEN ANY MONEYS TO BE CREDITED TO THE ACCOUNT FOR THAT FISCAL YEAR
20 SHALL BE CREDITED TO THE ACCOUNT ESTABLISHED BY PARAGRAPH (A) OF SUBDI-
21 VISION FOUR OF SECTION ONE HUNDRED SEVENTY-FOUR.
22 S 5. Intentionally omitted.
23 S 6. Subdivision 7 of section 185 of the navigation law, as added by
24 chapter 672 of the laws of 1991, is amended to read as follows:
25 7. Within sixty calendar days from the close of such hearing and after
26 due consideration of the written and oral statements and testimony and
27 arguments filed pursuant to this section, or on default in appearance on
28 said return day, the administrator shall make [his] A final determi-
29 nation on the validity or amount of the damage claims or claims for
30 cleanup and removal costs filed by the injured persons. The administra-
31 tor shall notify the claimant and, if known, the alleged discharger
32 thereof in writing by registered mail.
33 S 7. Subdivisions 3 and 4 of section 186 of the navigation law, as
34 amended by chapter 38 of the laws of 1985, are amended to read as
35 follows:
36 3. MONEYS IN THE ACCOUNT ESTABLISHED BY PARAGRAPH (C) OF SUBDIVISION
37 TWO OF SECTION ONE HUNDRED SEVENTY-NINE OF THIS PART SHALL BE DISBURSED
38 BY THE ADMINISTRATOR FOR THE FOLLOWING PURPOSES:
39 (A) SUCH SUMS AS MAY BE NECESSARY FOR THE ACQUISITION AND MAINTENANCE
40 OF PETROLEUM SPILL PREVENTION, RESPONSE OR PERSONAL SAFETY EQUIPMENT AND
41 SUPPLIES AND TRAINING FOR STATE AND LOCAL GOVERNMENT ENTITIES, INCLUDING
42 EMERGENCY SERVICES AGENCIES AND PERSONNEL.
43 (B) SUCH SUMS AS MAY BE NECESSARY FOR PETROLEUM SPILL RESPONSE DRILLS
44 AND EXERCISES.
45 (C) SUCH SUMS AS MAY BE NECESSARY FOR IDENTIFICATION, MAPPING, AND
46 ANALYSIS OF POPULATIONS, ENVIRONMENTALLY SENSITIVE AREAS, AND RESOURCES
47 AT RISK FROM SPILLS OF PETROLEUM AND RELATED IMPACTS; AND THE DEVELOP-
48 MENT, IMPLEMENTATION, AND UPDATING OF CONTINGENCY PLANS, INCLUDING
49 GEOGRAPHIC RESPONSE PLANS, TO PROTECT THOSE POPULATIONS, SENSITIVE ENVI-
50 RONMENTS, AND RESOURCES IN THE EVENT OF A SPILL OF PETROLEUM OR RELATED
51 IMPACTS.
52 PRIOR TO DISBURSEMENT OF SUCH MONIES, A SPENDING PLAN SHALL BE PREPARED
53 BY THE COMMISSIONER AND POSTED ON THE DEPARTMENT OF ENVIRONMENTAL
54 CONSERVATION WEBSITE.
55 4. Moneys shall be disbursed from the fund only for the purposes set
56 forth in subdivisions one and two of this section; PROVIDED HOWEVER, FOR
A. 6008 31
1 THE PURPOSES OF SUBDIVISION THREE OF THIS SECTION ONLY MONIES FROM THE
2 ACCOUNT ESTABLISHED PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF
3 SECTION ONE HUNDRED SEVENTY-NINE OF THIS PART MAY BE DISBURSED FOR SUCH
4 PURPOSES.
5 [4.] 5. The state comptroller may invest and reinvest any moneys in
6 said fund in obligations in which the comptroller is authorized to
7 invest pursuant to the provisions of section ninety-eight-a of the state
8 finance law. Any income or interest derived from such investment shall
9 be included in the fund.
10 S 8. Intentionally omitted.
11 S 9. Intentionally omitted.
12 S 10. Intentionally omitted.
13 S 11. Intentionally omitted.
14 S 12. Subdivision 2 of section 97-b of the state finance law, as
15 amended by section 4 of part I of chapter 1 of the laws of 2003, is
16 amended to read as follows:
17 2. Such fund shall consist of all of the following:
18 (a) moneys appropriated for transfer to the fund's site investigation
19 and construction account; (b) all fines and other sums accumulated in
20 the fund prior to April first, nineteen hundred eighty-eight pursuant to
21 section 71-2725 of the environmental conservation law for deposit in the
22 fund's site investigation and construction account; (c) all moneys
23 collected or received by the department of taxation and finance pursuant
24 to section 27-0923 of the environmental conservation law for deposit in
25 the fund's industry fee transfer account; (d) all moneys paid into the
26 fund pursuant to section 72-0201 of the environmental conservation law
27 which shall be deposited in the fund's industry fee transfer account;
28 (e) all moneys paid into the fund pursuant to PARAGRAPH (B) OF SUBDIVI-
29 SION ONE OF section one hundred eighty-six of the navigation law which
30 shall be deposited in the fund's industry fee transfer account; (f) all
31 moneys paid into the fund by municipalities for repayment of landfill
32 closure loans made pursuant to title five of article fifty-two of the
33 environmental conservation law for deposit in the fund's site investi-
34 gation and construction account; (g) all monies recovered under sections
35 56-0503, 56-0505 and 56-0507 of the environmental conservation law into
36 the fund's environmental restoration project account; (h) all fees paid
37 into the fund pursuant to section 72-0403 of the environmental conserva-
38 tion law which shall be deposited in the fund's industry fee transfer
39 account; (i) payments received for all state costs incurred in negotiat-
40 ing and overseeing the implementation of brownfield site cleanup agree-
41 ments pursuant to title fourteen OF ARTICLE TWENTY-SEVEN of the environ-
42 mental conservation law shall be deposited in the hazardous waste
43 remediation oversight and assistance account; and (j) other moneys cred-
44 ited or transferred thereto from any other fund or source for deposit in
45 the fund's site investigation and construction account.
46 S 13. Intentionally omitted.
47 S 14. This act shall take effect immediately, provided however, the
48 increased fees authorized in section three of this act shall take effect
49 September 1, 2015 and shall apply to any barrel that is transferred on
50 and after such date.
51 PART Y
52 Section 1. The opening paragraph of subdivision 1 of section 72-0303
53 of the environmental conservation law, as amended by section 1 of part
54 BBB of chapter 59 of the laws of 2009, is amended to read as follows:
A. 6008 32
1 COMMENCING JANUARY FIRST, TWO THOUSAND FIFTEEN AND EVERY YEAR THERE-
2 AFTER, ALL SOURCES OF REGULATED AIR CONTAMINANTS IDENTIFIED PURSUANT TO
3 SUBDIVISION ONE OF SECTION 19-0311 OF THIS CHAPTER SHALL SUBMIT TO THE
4 DEPARTMENT AN ANNUAL BASE FEE OF TWO THOUSAND FIVE HUNDRED DOLLARS. THIS
5 BASE FEE SHALL BE IN ADDITION TO THE FEES LISTED BELOW. Commencing Janu-
6 ary first, nineteen hundred ninety-four and every year thereafter all
7 sources of regulated air contaminants identified pursuant to subdivision
8 one of section 19-0311 of this chapter shall submit to the department an
9 annual fee [of forty-five dollars per ton] NOT TO EXCEED THE PER TON
10 FEES DESCRIBED BELOW. THE PER TON FEE IS ASSESSED ON EACH TON OF EMIS-
11 SIONS up to seven thousand tons annually of each regulated air contam-
12 inant as follows: [forty-five] SIXTY dollars per ton for facilities
13 with total emissions less than one thousand tons annually; [fifty]
14 SEVENTY dollars per ton for facilities with total emissions of one thou-
15 sand or more but less than two thousand tons annually; [fifty-five]
16 EIGHTY dollars per ton for facilities with total emissions of two thou-
17 sand or more but less than five thousand tons annually; and [sixty-five]
18 NINETY dollars per ton for facilities with total emissions of five thou-
19 sand or more tons annually. Such fee shall be sufficient to support an
20 appropriation approved by the legislature for the direct and indirect
21 costs associated with the operating permit program established in
22 section 19-0311 of this chapter. Such fee shall be established by the
23 department and shall be calculated by dividing the amount of the current
24 year appropriation from the operating permit program account of the
25 clean air fund by the total tons of emissions of regulated air contam-
26 inants that are subject to the operating permit program fees from sourc-
27 es subject to the operating permit program pursuant to section 19-0311
28 of this chapter up to seven thousand tons annually of each regulated air
29 contaminant from each source; provided that, in making such calculation,
30 the department shall adjust their calculation to account for any deficit
31 or surplus in the operating permit program account of the clean air fund
32 established pursuant to section ninety-seven-oo of the state finance
33 law; any loan repayment from the mobile source account of the clean air
34 fund established pursuant to section ninety-seven-oo of the state
35 finance law; and the rate of collection by the department of the bills
36 issued for the fee for the prior year.
37 S 2. Intentionally omitted.
38 S 3. Subdivisions a, b, c, d, e, f, g, h, i, j, k, l, m, n, q and t of
39 section 72-0602 of the environmental conservation law, paragraphs a, b,
40 c, d, e, f, g, h, q and t as amended by section 1 of part JJ of chapter
41 59 of the laws of 2009, subdivision i as amended by section 1 of part T1
42 of chapter 62 of the laws of 2003, and subdivisions j, k, l, m and n as
43 amended by chapter 62 of the laws of 1989, are amended to read as
44 follows:
45 a. [$300.00] $375.00 for any P/C/I facilities having a permit to
46 discharge or discharging at an average daily rate of less than 100,000
47 gallons;
48 b. [$600.00] $750.00 for P/C/I facilities having a permit to discharge
49 or discharging at an average daily rate of 100,000 gallons or more;
50 c. [$600.00] $750.00 for industrial facilities having a permit to
51 discharge or discharging at an average daily rate of less than 10,000
52 gallons;
53 d. [$2,000.00] $2,300.00 for industrial facilities having a permit to
54 discharge or discharging at an average daily rate of between 10,000
55 gallons and 99,999 gallons;
A. 6008 33
1 e. [$6,000.00] $7,250.00 for industrial facilities having a permit to
2 discharge or discharging at an average daily rate of between 100,000
3 gallons and 499,999 gallons;
4 f. [$20,000.00] $25,000.00 for industrial facilities having a permit
5 to discharge or discharging at an average daily rate of between 500,000
6 and 999,999 gallons;
7 g. [$30,000.00] $37,000.00 for industrial facilities having a permit
8 to discharge or discharging at an average daily rate of between
9 1,000,000 and 9,999,999 gallons;
10 h. [$50,000.00] $58,000.00 for industrial facilities having a permit
11 to discharge or discharging at an average daily rate of 10,000,000
12 gallons or more;
13 i. [$50,000.00] $58,000.00 for any power plant;
14 j. [$375.00] $450.00 for municipal facilities having a permit to
15 discharge or discharging at an average daily rate of less than 200,000
16 gallons;
17 k. [$1,875.00] $2,000.00 for municipal facilities having a permit to
18 discharge or discharging at an average daily rate of between 200,000 and
19 999,999 gallons;
20 l. [$7,500.00] $8,000.00 for municipal facilities having a permit to
21 discharge or discharging at an average daily rate of between 1,000,000
22 and 4,999,999 gallons;
23 m. [$15,000.00] $15,500.00 for municipal facilities having a permit to
24 discharge or discharging at an average daily rate of between 5,000,000
25 and 39,999,999 gallons;
26 n. [$37,500.00] $38,500.00 for municipal facilities having a permit to
27 discharge or discharging at an average daily rate of 40,000,000 gallons
28 or more;
29 q. [$100.00] $125.00 per acre disturbed plus [$600.00] $700.00 per
30 future impervious acre for any facility, not owned or managed by a local
31 government or a state department, agency, or authority, discharging or
32 authorized to discharge pursuant to a SPDES permit for stormwater
33 discharges from construction activity. For the purposes of this subdivi-
34 sion, acres disturbed are acres subject to clearing, grading, or exca-
35 vating subject to SPDES permitting and future impervious acres are acres
36 that will be newly paved or roofed during construction;
37 t. [$100.00] $150.00 for any facility, other than a municipal separate
38 storm sewer as defined by 40 CFR S122.26 (b) (8), discharging or author-
39 ized to discharge pursuant to a general permit unless a specific fee is
40 imposed pursuant to subdivisions a through s of this section for such
41 discharge or authorization to discharge.
42 S 4. Intentionally omitted.
43 S 5. This act shall take effect immediately and shall apply to all
44 bills issued on and after January 1, 2015.
45 PART Z
46 Intentionally Omitted
47 PART AA
48 Section 1. Paragraph 4 of subdivision (a) of section 83 of the state
49 finance law, as amended by chapter 512 of the laws of 1994, is amended
50 to read as follows:
A. 6008 34
1 4. (i) There is hereby created a special account within the conserva-
2 tion fund to be known as the state fish and game trust account to
3 consist of all moneys received by the state from the sale of ALL life-
4 time hunting, fishing[,] AND trapping[,] LICENSES AND LIFETIME archery
5 and muzzle-loading [licenses] PRIVILEGES pursuant to section 11-0702 of
6 the environmental conservation law. The state comptroller shall invest
7 the moneys in such account in securities as defined by section ninety-
8 eight-a of this article, EXCEPT AS PROVIDED IN SUBPARAGRAPH (IV) OF THIS
9 PARAGRAPH. Any income earned by the investment of such moneys, except
10 income transferred to the conservation fund pursuant to subparagraph
11 (iii) of this paragraph, shall be added to and become a part of, and
12 shall be used for the purposes of such account.
13 (ii) The state comptroller shall provide an annual report of the trust
14 account which lists the amount of the principal, THE AMOUNT TRANSFERRED
15 TO THE HABITAT CONSERVATION AND ACCESS ACCOUNT PURSUANT TO SUBPARAGRAPH
16 (IV) OF THIS PARAGRAPH, the earned income, the earned income accrued to
17 the principal, and the earned income transferred to the conservation
18 fund pursuant to subparagraph (iii) of this paragraph not later than
19 April tenth of each year for the state fiscal year ending the immediate-
20 ly preceding March thirty-first. A copy of such report shall be trans-
21 mitted, forthwith, to the director of the division of the budget, the
22 chairman of the senate finance committee, the chairman of the assembly
23 ways and means committee, the commissioner of the department of environ-
24 mental conservation and each of the eleven members of the conservation
25 fund advisory [council] BOARD, created pursuant to section [seven
26 hundred] 11-0327 of the [executive] ENVIRONMENTAL CONSERVATION law.
27 (iii) Earned income from the sale of all lifetime licenses, except
28 income earned on the proceeds of the sale of a lifetime license during
29 the period from sale of such license until April first of the year
30 following one full year of deposit of the proceeds of the sale of such
31 lifetime license, shall be available for deposit within the conservation
32 fund pursuant to paragraph one of this subdivision in an amount equal to
33 the cost of the appropriate annual license. The earned income which
34 exceeds the current cost of each annual license comparable to the life-
35 time license, shall be added to the trust account as principal. The
36 earned income from lifetime licenses issued to persons who are under the
37 legal age to implement such licenses shall be added to the trust account
38 as principal until such person becomes of legal age to hunt, fish or
39 trap.
40 (IV) BEGINNING APRIL FIRST, TWO THOUSAND FIFTEEN, THE LESSER OF (A)
41 ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ANNUALLY FROM THE STATE FISH
42 AND GAME TRUST ACCOUNT OR (B) AN AMOUNT EQUIVALENT TO FIFTY PERCENT OF
43 THE MONEYS RECEIVED BY THE STATE IN ONE YEAR FROM THE SALE OF ALL LIFE-
44 TIME HUNTING, FISHING AND TRAPPING LICENSES AND LIFETIME ARCHERY AND
45 MUZZLE-LOADING PRIVILEGES PURSUANT TO SECTION 11-0702 OF THE ENVIRON-
46 MENTAL CONSERVATION LAW SHALL BE AVAILABLE FOR DEPOSIT WITHIN THE HABI-
47 TAT CONSERVATION AND ACCESS ACCOUNT ESTABLISHED PURSUANT TO SECTION
48 EIGHTY-THREE-A OF THIS ARTICLE.
49 S 2. Subdivision (h) of section 83 of the state finance law is
50 REPEALED.
51 S 3. The state finance law is amended by adding a new section 83-a to
52 read as follows:
53 S 83-A. HABITAT CONSERVATION AND ACCESS ACCOUNT. (A) THE HABITAT
54 CONSERVATION AND ACCESS ACCOUNT IS CREATED WITHIN THE MISCELLANEOUS
55 CAPITAL PROJECTS FUND. THE HABITAT CONSERVATION AND ACCESS ACCOUNT SHALL
56 CONSIST OF ALL MONEYS FROM SUBPARAGRAPH (IV) OF PARAGRAPH FOUR OF SUBDI-
A. 6008 35
1 VISION (A) OF SECTION EIGHTY-THREE OF THIS ARTICLE, AND ALL MONEYS,
2 REVENUES AND INTEREST THEREON RECEIVED AS A RESULT OF THE APPLICATION OF
3 SUBDIVISION SEVENTEEN OF SECTION 11-0305 OF THE ENVIRONMENTAL CONSERVA-
4 TION LAW AUTHORIZING THE ISSUANCE AND SALE OF VOLUNTARY HABITAT STAMPS,
5 OTHER THAN THE AMOUNT RETAINED BY THE ISSUING AGENT OR OFFICER. THE
6 HABITAT CONSERVATION AND ACCESS ACCOUNT SHALL BE SUBJECT TO THE SAME
7 RESTRICTIONS AND PROTECTIONS AS THE CONSERVATION FUND.
8 (B) THESE MONEYS, AFTER APPROPRIATION BY THE LEGISLATURE, AND WITHIN
9 THE AMOUNTS SET FORTH AND FOR THE SEVERAL PURPOSES SPECIFIED, SHALL BE
10 AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION EXCLUSIVELY
11 FOR THE CAPITAL EXPENSES ASSOCIATED WITH FISH AND WILDLIFE HABITAT
12 MANAGEMENT, PROTECTION, AND RESTORATION, IMPROVEMENT AND DEVELOPMENT OF
13 PUBLIC ACCESS FOR FISH AND WILDLIFE RELATED RECREATION.
14 (C) ALL PAYMENTS MADE FROM THE HABITAT CONSERVATION AND ACCESS ACCOUNT
15 SHALL BE MADE BY THE DEPARTMENT OF TAXATION AND FINANCE AFTER AUDIT AND
16 UPON WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSIONER
17 OF ENVIRONMENTAL CONSERVATION. AFTER APPROPRIATIONS MADE AVAILABLE FROM
18 THE HABITAT CONSERVATION AND ACCESS ACCOUNT SHALL CEASE TO HAVE FORCE
19 AND EFFECT, ANY BALANCES REMAINING UNEXPENDED SHALL REVERT TO THE STATE
20 FISH AND GAME TRUST ACCOUNT ESTABLISHED PURSUANT TO PARAGRAPH FOUR OF
21 SUBDIVISION (A) OF SECTION EIGHTY-THREE OF THIS ARTICLE.
22 (D) NO FUNDS MAY BE TRANSFERRED OR USED IN ANY WAY WHICH WOULD RESULT
23 IN THE LOSS OF ELIGIBILITY FOR FEDERAL BENEFITS OR FEDERAL FUNDS PURSU-
24 ANT TO FEDERAL LAW, RULE, OR REGULATION AS ASSENTED TO IN CHAPTER SIX
25 HUNDRED EIGHTY-THREE OF THE LAWS OF NINETEEN HUNDRED THIRTY-EIGHT AND
26 CHAPTER SEVEN HUNDRED OF THE LAWS OF NINETEEN HUNDRED FIFTY-ONE.
27 S 4. Subdivision 17 of section 11-0305 of the environmental conserva-
28 tion law, as added by section 3 of part F of chapter 82 of the laws of
29 2002, is amended to read as follows:
30 17. To prepare or cause to be prepared voluntary habitat stamps and
31 furnish such stamps annually to license issuing agents and officers for
32 sale and issuance in the same manner as licenses and other types of
33 stamps. The department shall, by rule, establish the fee for the habitat
34 stamp which shall [not exceed] BE NO LESS THAN five dollars plus an
35 additional amount for the issuing agent or officer. The purchase of a
36 stamp is voluntary and a stamp need not be possessed in order to take
37 fish or wildlife.
38 S 5. This act shall take effect immediately and shall be deemed to
39 have been in full force and effect on and after April 1, 2015; provided,
40 however, that all funds in the habitat account of the conservation fund,
41 established pursuant to subdivision (h) of section 83 of the state
42 finance law, on the effective date of this act shall be transferred to
43 the habitat conservation and access account established pursuant to
44 section 83-a of the state finance law as added by section three of this
45 act; and provided further that section one of this act shall expire and
46 be deemed repealed April 1, 2017.
47 PART BB
48 Section 1. Paragraph a of section 11.00 of the local finance law is
49 amended by adding a new subdivision 29-a to read as follows:
50 29-A. TRANSIT MOTOR VEHICLES. THE PURCHASE OF MUNICIPALLY OWNED OMNI-
51 BUS OR SIMILAR SURFACE TRANSIT MOTOR VEHICLES, TEN YEARS.
52 S 2. This act shall take effect immediately.
53 PART CC
A. 6008 36
1 Section 1. Section 155 of the vehicle and traffic law, as amended by
2 chapter 628 of the laws of 2002, is amended to read as follows:
3 S 155. Traffic infraction. The violation of any provision of this
4 chapter, except articles forty-seven and forty-eight, or of any law,
5 ordinance, order, rule or regulation regulating traffic which is not
6 declared by this chapter or other law of this state to be a misdemeanor
7 or a felony. A traffic infraction is not a crime and the punishment
8 imposed therefor shall not be deemed for any purpose a penal or criminal
9 punishment and shall not affect or impair the credibility as a witness
10 or otherwise of any person convicted thereof. This definition shall be
11 retroactive and shall apply to all acts and violations heretofore
12 committed where such acts and violations would, if committed subsequent
13 to the taking effect of this section, be included within the meaning of
14 the term "traffic infraction" as herein defined. Except in those
15 portions of Suffolk county for which a district court has been estab-
16 lished, outside of cities having a population in excess of two hundred
17 thousand BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which administra-
18 tive tribunals have heretofore been established AND OUTSIDE OF CITIES
19 HAVING A POPULATION IN EXCESS OF ONE MILLION IN WHICH ADMINISTRATIVE
20 TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, courts and judicial officers
21 heretofore having jurisdiction over such violations shall continue to do
22 so and for such purpose such violations shall be deemed misdemeanors and
23 all provisions of law relating to misdemeanors except as provided in
24 section eighteen hundred five of this chapter and except as herein
25 otherwise expressly provided shall apply except that no jury trial shall
26 be allowed for traffic infractions. In those portions of Suffolk county
27 for which a district court has been established, and in cities having a
28 population in excess of two hundred thousand BUT LESS THAN TWO HUNDRED
29 TWENTY THOUSAND in which administrative tribunals have heretofore been
30 established AND IN CITIES HAVING A POPULATION IN EXCESS OF ONE MILLION
31 IN WHICH ADMINISTRATIVE TRIBUNALS HAVE HERETOFORE BEEN ESTABLISHED, the
32 criminal courts of such cities or portions of Suffolk county in which a
33 district court has been established shall have jurisdiction to hear and
34 determine any complaint alleging a violation constituting a traffic
35 infraction, except that administrative tribunals heretofore established
36 in such cities or portions of Suffolk county in which a district court
37 has been established shall have jurisdiction to hear and determine any
38 charge of an offense which is a traffic infraction, except parking,
39 standing or stopping. In cities having a population in excess of two
40 hundred thousand in which administrative tribunals have heretofore been
41 established, and any such administrative tribunal established by the
42 city of Yonkers, the city of Peekskill, or the city of Syracuse, such
43 tribunals shall have jurisdiction to hear and determine any charge of an
44 offense which is a parking, standing or stopping violation. Any fine
45 imposed by an administrative tribunal shall be a civil penalty. For
46 purposes of arrest without a warrant, pursuant to article one hundred
47 forty of the criminal procedure law, a traffic infraction shall be
48 deemed an offense.
49 S 2. Subdivision 1 of section 225 of the vehicle and traffic law, as
50 amended by chapter 388 of the laws of 2012, is amended to read as
51 follows:
52 1. Notwithstanding any inconsistent provision of law, all violations
53 of this chapter or of a law, ordinance, order, rule or regulation relat-
54 ing to traffic, except parking, standing, stopping or pedestrian
55 offenses, which occur within a city having a population of two hundred
56 thousand or more BUT LESS THAN TWO HUNDRED TWENTY THOUSAND in which
A. 6008 37
1 administrative tribunals have heretofore been established, OR WITHIN A
2 CITY HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH ADMINISTRATIVE
3 TRIBUNALS HAVE HERETOFORE, BEEN ESTABLISHED, and which are classified as
4 traffic infractions, may be heard and determined pursuant to the regu-
5 lations of the commissioner as provided in this article. Whenever a
6 crime and a traffic infraction arise out of the same transaction or
7 occurrence, a charge alleging both offenses may be made returnable
8 before the court having jurisdiction over the crime. Nothing herein
9 provided shall be construed to prevent a court, having jurisdiction over
10 a criminal charge relating to traffic or a traffic infraction, from
11 lawfully entering a judgment of conviction, whether or not based on a
12 plea of guilty, for any offense classified as a traffic infraction.
13 S 3. Subdivision 5 of section 227 of the vehicle and traffic law, as
14 amended by chapter 690 of the laws of 1996, is amended to read as
15 follows:
16 5. All penalties and forfeited security collected pursuant to the
17 provisions of this article shall be paid to the department of audit and
18 control to the credit of the justice court fund and shall be subject to
19 the applicable provisions of section eighteen hundred three of this
20 chapter. After such audit as shall reasonably be required by the comp-
21 troller, such penalties and forfeited security shall be paid quarterly
22 or, in the discretion of the comptroller, monthly, to the appropriate
23 jurisdiction in which the violation occurred in accordance with the
24 provisions of section ninety-nine-a of the state finance law, except
25 that the sum of four dollars for each violation occurring in such juris-
26 diction for which a complaint has been filed with the administrative
27 tribunal established pursuant to this article shall be retained by the
28 state. The amount distributed during the first three quarters to the
29 [cities] CITY of Rochester [and Buffalo] in any given fiscal year shall
30 not exceed seventy percent of the amount which will be otherwise paya-
31 ble. Provided, however, that if the full costs of administering this
32 article shall exceed the amounts received and retained by the state for
33 any period specified by the commissioner, then such additional sums as
34 shall be required to offset such costs shall be retained by the state
35 out of the penalties and forfeited security collected pursuant to this
36 article.
37 S 4. Section 370 of the general municipal law is amended by adding a
38 new subdivision 4 to read as follows:
39 4. THERE SHALL BE AN EXECUTIVE DEPARTMENT OF THE BUFFALO CITY GOVERN-
40 MENT KNOWN AS THE BUFFALO TRAFFIC VIOLATIONS AGENCY, WHICH SHALL OPERATE
41 UNDER THE DIRECTION AND CONTROL OF THE MAYOR.
42 S 5. Subdivision 2 of section 370-a of the general municipal law, as
43 amended by chapter 388 of the laws of 2012, is amended and a new subdi-
44 vision 1-a is added to read as follows:
45 1-A. "TRAFFIC VIOLATIONS AGENCY" SHALL MEAN AN EXECUTIVE DEPARTMENT OF
46 THE CITY OF BUFFALO ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION
47 THREE HUNDRED SEVENTY OF THIS ARTICLE TO ADMINISTER AND DISPOSE OF TRAF-
48 FIC INFRACTIONS AS AUTHORIZED PURSUANT TO THIS ARTICLE.
49 2. "Traffic prosecutor" shall mean an attorney duly admitted to prac-
50 tice law in the state of New York who, having been appointed and either
51 hired or retained pursuant to section three hundred seventy-four of this
52 article, has the responsibility of prosecuting any traffic and parking
53 infractions returnable before the Nassau county district court or the
54 Suffolk county district court OR ANY TRAFFIC INFRACTIONS RETURNABLE
55 BEFORE THE BUFFALO CITY COURT pursuant to the jurisdictional limitations
56 of section three hundred seventy-one of this article.
A. 6008 38
1 S 6. Section 371 of the general municipal law is amended by adding a
2 new subdivision 2-a to read as follows:
3 2-A. THE BUFFALO TRAFFIC VIOLATIONS AGENCY, AS ESTABLISHED IN SUBDIVI-
4 SION FOUR OF SECTION THREE HUNDRED SEVENTY OF THIS ARTICLE, MAY BE
5 AUTHORIZED TO ASSIST THE BUFFALO CITY COURT IN THE DISPOSITION AND
6 ADMINISTRATION OF INFRACTIONS OF TRAFFIC LAWS, ORDINANCES, RULES AND
7 REGULATIONS EXCEPT THAT SUCH AGENCY SHALL NOT HAVE JURISDICTION OVER (A)
8 THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION ONE OF SECTION ELEVEN
9 HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW; (B) THE TRAFFIC
10 INFRACTION DEFINED UNDER SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
11 NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW; (C) THE VIOLATION DEFINED
12 UNDER PARAGRAPH (B) OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE
13 TRANSPORTATION LAW AND THE VIOLATION DEFINED UNDER CLAUSE (B) OF SUBPAR-
14 AGRAPH (III) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION ONE HUNDRED
15 FORTY OF THE TRANSPORTATION LAW; (D) THE TRAFFIC INFRACTION DEFINED
16 UNDER SECTION THREE HUNDRED NINETY-SEVEN-A OF THE VEHICLE AND TRAFFIC
17 LAW AND THE TRAFFIC INFRACTION DEFINED UNDER SUBDIVISION (G) OF SECTION
18 ELEVEN HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW; (E) TRAFFIC
19 INFRACTIONS CONSTITUTING PARKING, STANDING, STOPPING OR PEDESTRIAN
20 OFFENSES; (F) ANY MISDEMEANOR OR FELONY; OR (G) ANY OFFENSE THAT IS PART
21 OF THE SAME CRIMINAL TRANSACTION, AS THAT TERM IS DEFINED IN SUBDIVISION
22 TWO OF SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW, AS A VIOLATION OF
23 SUBDIVISION ONE OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND
24 TRAFFIC LAW, A VIOLATION OF SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
25 NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, A VIOLATION OF PARAGRAPH (B)
26 OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OF THE TRANSPORTATION LAW, A
27 VIOLATION OF CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH C OF SUBDIVI-
28 SION TWO OF SECTION ONE HUNDRED FORTY OF THE TRANSPORTATION LAW, A
29 VIOLATION OF SECTION THREE HUNDRED NINETY-SEVEN-A OF THE VEHICLE AND
30 TRAFFIC LAW, A VIOLATION CONSTITUTING A PARKING, STOPPING, STANDING OR
31 PEDESTRIAN OFFENSE, A VIOLATION OF SUBDIVISION (G) OF SECTION ELEVEN
32 HUNDRED EIGHTY OF THE VEHICLE AND TRAFFIC LAW OR ANY MISDEMEANOR OR
33 FELONY.
34 S 7. Section 371 of the general municipal law is amended by adding a
35 new subdivision 3-a to read as follows:
36 3-A. A PERSON CHARGED WITH AN INFRACTION WHICH SHALL BE DISPOSED OF BY
37 THE BUFFALO TRAFFIC VIOLATIONS AGENCY MAY BE PERMITTED TO ANSWER, WITHIN
38 A SPECIFIED TIME, AT THE TRAFFIC VIOLATIONS AGENCY EITHER IN PERSON OR
39 BY WRITTEN POWER OF ATTORNEY IN SUCH FORM AS MAY BE PRESCRIBED IN THE
40 ORDINANCE OR LOCAL LAW CREATING THE AGENCY, BY PAYING A PRESCRIBED FINE
41 AND, IN WRITING, WAIVING A HEARING IN COURT, PLEADING GUILTY TO THE
42 CHARGE OR A LESSER CHARGE AGREEABLE TO THE TRAFFIC PROSECUTOR AND THE
43 PERSON CHARGED WITH AN INFRACTION, AND AUTHORIZING THE PERSON IN CHARGE
44 OF THE AGENCY TO ENTER SUCH A PLEA AND ACCEPT PAYMENT OF SAID FINE.
45 ACCEPTANCE OF THE PRESCRIBED FINE AND POWER OF ATTORNEY BY THE AGENCY
46 SHALL BE DEEMED COMPLETE SATISFACTION FOR THE VIOLATION, AND THE VIOLA-
47 TOR SHALL BE GIVEN A RECEIPT WHICH SO STATES. IF A PERSON CHARGED WITH A
48 TRAFFIC VIOLATION DOES NOT ANSWER AS HEREINBEFORE PRESCRIBED, WITHIN A
49 DESIGNATED TIME, THE AGENCY MAY CAUSE A COMPLAINT TO BE ENTERED AGAINST
50 HIM FORTHWITH AND A WARRANT TO BE ISSUED FOR HIS ARREST AND APPEARANCE
51 BEFORE THE COURT, SUCH SUMMONS TO BE PREDICATED UPON THE PERSONAL
52 SERVICE OF SAID SUMMONS UPON THE PERSON CHARGED WITH THE INFRACTION. ANY
53 PERSON WHO SHALL HAVE BEEN, WITHIN THE PRECEDING TWELVE MONTHS, GUILTY
54 OF THREE OR MORE VIOLATIONS, SHALL NOT BE PERMITTED TO APPEAR AND ANSWER
55 TO A SUBSEQUENT VIOLATION AT THE AGENCY, BUT MUST APPEAR IN COURT AT A
56 TIME SPECIFIED BY THE AGENCY. SUCH AGENCY SHALL NOT BE AUTHORIZED TO
A. 6008 39
1 DEPRIVE A PERSON OF HIS RIGHT TO COUNSEL OR TO PREVENT HIM FROM EXERCIS-
2 ING HIS RIGHT TO APPEAR IN COURT TO ANSWER TO, EXPLAIN, OR DEFEND ANY
3 CHARGE OF A VIOLATION OF ANY TRAFFIC LAW, ORDINANCE, RULE OR REGULATION.
4 S 8. Section 371 of the general municipal law is amended by adding a
5 new subdivision 4-a to read as follows:
6 4-A. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, FINES, PENAL-
7 TIES AND FORFEITURES COLLECTED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY
8 SHALL BE DISTRIBUTED AS PROVIDED IN SECTION EIGHTEEN HUNDRED THREE OF
9 THE VEHICLE AND TRAFFIC LAW. ALL FINES, PENALTIES AND FORFEITURES FOR
10 VIOLATIONS ADJUDICATED BY THE BUFFALO TRAFFIC VIOLATIONS AGENCY PURSUANT
11 TO SUBDIVISION TWO-A OF THIS SECTION EXCEPT AS PROVIDED IN SUBDIVISION
12 THREE OF SECTION NINETY-NINE-A OF THE STATE FINANCE LAW, SHALL BE PAID
13 BY SUCH AGENCY TO THE STATE COMPTROLLER WITHIN THE FIRST TEN DAYS OF THE
14 MONTH FOLLOWING COLLECTION. EACH SUCH PAYMENT SHALL BE ACCOMPANIED BY A
15 TRUE AND COMPLETE REPORT IN SUCH FORM AND DETAIL AS THE COMPTROLLER
16 SHALL PRESCRIBE.
17 S 9. The general municipal law is amended by adding a new section
18 374-a to read as follows:
19 S 374-A. TRAFFIC PROSECUTOR SELECTION AND OVERSIGHT. (A) THE EXECUTIVE
20 DIRECTOR OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, APPOINTED PURSUANT TO
21 SUBDIVISION (B) OF THIS SECTION, SHALL SELECT AND MAY CONTRACT WITH OR
22 HIRE ONE OR MORE PERSONS WHO ARE ATTORNEYS, DULY ADMITTED TO THE PRAC-
23 TICE OF LAW IN NEW YORK STATE FOR THE PROSECUTION OF ANY TRAFFIC INFRAC-
24 TION, EXCEPT THOSE DESCRIBED IN PARAGRAPHS (A), (B), (C), (D), (E), (F)
25 AND (G) OF SUBDIVISION TWO-A OF SECTION THREE HUNDRED SEVENTY-ONE OF
26 THIS ARTICLE, TO BE HEARD, TRIED OR OTHERWISE DISPOSED OF BY THE BUFFALO
27 CITY COURT. SUCH PERSONS SHALL BE KNOWN AS "TRAFFIC PROSECUTORS", AS
28 THAT TERM IS DEFINED IN SECTION THREE HUNDRED SEVENTY-A OF THIS ARTICLE.
29 TRAFFIC PROSECUTORS SHALL HAVE THE SAME POWER AS A DISTRICT ATTORNEY
30 WOULD OTHERWISE HAVE IN THE PROSECUTION OF ANY TRAFFIC INFRACTION WHICH
31 MAY, PURSUANT TO THE JURISDICTIONAL PROVISIONS OF SECTION THREE HUNDRED
32 SEVENTY-ONE OF THIS ARTICLE, BE PROSECUTED BEFORE THE BUFFALO CITY COURT
33 IF THE TRAFFIC VIOLATION OCCURRED IN THE CITY OF BUFFALO. THE EXECUTIVE
34 DIRECTOR SHALL GIVE ACTIVE CONSIDERATION TO REQUIRING THAT SUCH TRAFFIC
35 PROSECUTORS SERVE ON A FULL-TIME BASIS. TRAFFIC PROSECUTORS ARE PROHIB-
36 ITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A TRAFFIC PROSECUTOR
37 IN ANY PART OF THE BUFFALO CITY COURT ON ANY MATTER RELATING TO TRAFFIC
38 VIOLATIONS AND ARE FURTHER PROHIBITED FROM APPEARING IN ANY CAPACITY
39 OTHER THAN AS A TRAFFIC PROSECUTOR IN ANY OTHER COURT OR ADMINISTRATIVE
40 TRIBUNAL ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
41 (B) THE MAYOR OF THE CITY OF BUFFALO SHALL APPOINT A PERSON TO SERVE
42 AS THE EXECUTIVE DIRECTOR OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY
43 SUBJECT TO THE CONFIRMATION OF THE COMMON COUNCIL OF THE CITY OF
44 BUFFALO. THE EXECUTIVE DIRECTOR SHALL BE RESPONSIBLE FOR THE OVERSIGHT
45 AND ADMINISTRATION OF THE AGENCY. THE EXECUTIVE DIRECTOR IS PROHIBITED
46 FROM APPEARING IN ANY CAPACITY IN ANY PART OF THE BUFFALO CITY COURT ON
47 ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND IS FURTHER PROHIBITED FROM
48 APPEARING IN ANY CAPACITY IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL
49 ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS.
50 (C) IT SHALL BE A MISDEMEANOR FOR THE EXECUTIVE DIRECTOR, ANY TRAFFIC
51 PROSECUTOR OR ANY JUDICIAL HEARING OFFICER ASSIGNED TO HEAR TRAFFIC
52 VIOLATIONS CASES PURSUANT TO SECTION SIXTEEN HUNDRED NINETY OF THE VEHI-
53 CLE AND TRAFFIC LAW TO ESTABLISH ANY QUOTA OF TRAFFIC VIOLATION
54 CONVICTIONS WHICH MUST BE OBTAINED BY ANY TRAFFIC PROSECUTOR OR JUDICIAL
55 HEARING OFFICER. NOTHING CONTAINED HEREIN SHALL PROHIBIT THE TAKING OF
56 ANY JOB ACTION AGAINST A TRAFFIC PROSECUTOR OR JUDICIAL HEARING OFFICER
A. 6008 40
1 FOR FAILURE TO SATISFACTORILY PERFORM SUCH PROSECUTOR'S OR OFFICER'S JOB
2 ASSIGNMENT EXCEPT THAT THE EMPLOYMENT PRODUCTIVITY OF SUCH PROSECUTOR OR
3 OFFICER SHALL NOT BE MEASURED BY THE ATTAINMENT OR NONATTAINMENT OF ANY
4 CONVICTION QUOTA. FOR THE PURPOSES OF THIS SECTION A CONVICTION QUOTA
5 SHALL MEAN A SPECIFIC NUMBER OF CONVICTIONS WHICH MUST BE OBTAINED WITH-
6 IN A SPECIFIC TIME PERIOD.
7 (D) PURSUANT TO ARTICLE 20 OF THE BUFFALO CITY CHARTER, THE CITY OF
8 BUFFALO MAY APPROPRIATE THOSE MONIES WHICH, IN ITS SOLE DISCRETION, ARE
9 NECESSARY FOR THE COMPENSATION OF THOSE PERSONS SELECTED TO SERVE AS
10 EXECUTIVE DIRECTOR AND TRAFFIC PROSECUTORS AND TO COVER ALL OTHER
11 EXPENSES ASSOCIATED WITH THE ADMINISTRATION OF THE BUFFALO TRAFFIC
12 VIOLATIONS AGENCY.
13 S 10. Subdivision 3 of section 99-a of the state finance law, as
14 amended by chapter 388 of the laws of 2012, is amended to read as
15 follows:
16 3. The comptroller is hereby authorized to implement alternative
17 procedures, including guidelines in conjunction therewith, relating to
18 the remittance of fines, penalties, forfeitures and other moneys by town
19 and village justice courts, and by the Nassau and Suffolk counties traf-
20 fic and parking violations agencies, AND BY THE CITY OF BUFFALO TRAFFIC
21 VIOLATIONS AGENCY, to the justice court fund and for the distribution of
22 such moneys by the justice court fund. Notwithstanding any law to the
23 contrary, the alternative procedures utilized may include:
24 a. electronic funds transfer;
25 b. remittance of funds by the justice court to the chief fiscal office
26 of the town or village, or, in the case of the Nassau and Suffolk coun-
27 ties traffic and parking violations agencies, to the county treasurer,
28 OR, IN THE CASE OF THE BUFFALO TRAFFIC VIOLATIONS AGENCY, TO THE CITY OF
29 BUFFALO COMPTROLLER, for distribution in accordance with instructions by
30 the comptroller; and/or
31 c. monthly, rather than quarterly, distribution of funds.
32 The comptroller may require such reporting and record keeping as he or
33 she deems necessary to ensure the proper distribution of moneys in
34 accordance with applicable laws. A justice court or the Nassau and
35 Suffolk counties traffic and parking violations agencies OR THE CITY OF
36 BUFFALO TRAFFIC VIOLATIONS AGENCY may utilize these procedures only when
37 permitted by the comptroller, and such permission, once given, may
38 subsequently be withdrawn by the comptroller on due notice.
39 S 11. Paragraph (c) of subdivision 4-a of section 510 of the vehicle
40 and traffic law, as added by section 10 of part J of chapter 62 of the
41 laws of 2003, is amended to read as follows:
42 (c) Upon receipt of notification from a traffic and parking violations
43 agency OR A TRAFFIC VIOLATIONS AGENCY of the failure of a person to
44 appear within sixty days of the return date or new subsequent adjourned
45 date, pursuant to an appearance ticket charging said person with a
46 violation of:
47 (i) any of the provisions of this chapter except one for parking,
48 stopping or standing and except those violations described in paragraphs
49 (a), (b), (d), (e) and (f) of subdivision two AND IN PARAGRAPHS (A),
50 (B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
51 seventy-one of the general municipal law;
52 (ii) section five hundred two or subdivision (a) of section eighteen
53 hundred fifteen of the tax law;
54 (iii) section fourteen-f (except paragraph (b) of subdivision four of
55 section fourteen-f), two hundred eleven or two hundred twelve of the
56 transportation law; or
A. 6008 41
1 (iv) any lawful ordinance or regulation made by a local or public
2 authority relating to traffic (except one for parking, stopping or
3 standing) or the failure to pay a fine imposed for such a violation by a
4 traffic and parking violations agency OR A TRAFFIC VIOLATIONS AGENCY,
5 the commissioner or his or her agent may suspend the driver's license or
6 privileges of such person pending receipt of notice from the agency that
7 such person has appeared in response to such appearance ticket or has
8 paid such fine. Such suspension shall take effect no less than thirty
9 days from the day upon which notice thereof is sent by the commissioner
10 to the person whose driver's license or privileges are to be suspended.
11 Any suspension issued pursuant to this paragraph shall be subject to the
12 provisions of paragraph (j-1) of subdivision two of section five hundred
13 three of this chapter.
14 S 12. Paragraph (b) of subdivision 3 of section 514 of the vehicle and
15 traffic law, as amended by section 11 of part J of chapter 62 of the
16 laws of 2003, is amended to read as follows:
17 (b) Upon the failure of a person to appear or answer, within sixty
18 days of the return date or any subsequent adjourned date, or the failure
19 to pay a fine imposed by a traffic and parking violations agency OR A
20 TRAFFIC VIOLATIONS AGENCY pursuant to a summons charging him or her with
21 a violation of:
22 (1) any of the provisions of this chapter except one for parking,
23 stopping or standing and except those violations described in paragraphs
24 (a), (b), (d), (e) and (f) of subdivision two AND IN PARAGRAPHS (A),
25 (B), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A of section three hundred
26 seventy-one of the general municipal law;
27 (2) section five hundred two or subdivision (a) of section eighteen
28 hundred fifteen of the tax law;
29 (3) section fourteen-f (except paragraph (b) of subdivision four of
30 section fourteen-f), two hundred eleven or two hundred twelve of the
31 transportation law; or
32 (4) any lawful ordinance or regulation made by a local or public
33 authority relating to traffic (except one for parking, stopping or
34 standing);
35 the clerk thereof shall within ten days certify that fact to the commis-
36 sioner, in the manner and form prescribed by the commissioner, who shall
37 record the same in his or her office. Thereafter and upon the appearance
38 of any such person in response to such summons or the receipt of the
39 fine by the agency, the traffic and parking violations agency, THE TRAF-
40 FIC VIOLATIONS AGENCY or the clerk thereof shall forthwith certify that
41 fact to the commissioner, in the manner and form prescribed by the
42 commissioner; provided, however, no such certification shall be made
43 unless the traffic and parking violations agency OR THE TRAFFIC
44 VIOLATIONS AGENCY has collected the termination of suspension fee
45 required to be paid pursuant to paragraph (j-1) of subdivision two of
46 section five hundred three of this chapter.
47 S 13. The article heading of article 44-A of the vehicle and traffic
48 law, as amended by chapter 388 of the laws of 2012, is amended to read
49 as follows:
50 AUTHORITY OF THE NASSAU AND SUFFOLK
51 COUNTY DISTRICT COURT AND BUFFALO CITY COURT
52 JUDICIAL HEARING OFFICERS
53 S 14. The section heading of section 1690 of the vehicle and traffic
54 law, as amended by chapter 388 of the laws of 2012, is amended to read
55 as follows:
A. 6008 42
1 Authority of the Nassau county and Suffolk county district court judi-
2 cial hearing officers AND THE CITY OF BUFFALO JUDICIAL HEARING OFFICERS.
3 S 15. Section 1690 of the vehicle and traffic law is amended by adding
4 two new subdivisions 1-a and 4-a to read as follows:
5 1-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE THE TRIAL OF A
6 TRAFFIC INFRACTION IS AUTHORIZED OR REQUIRED TO BE TRIED BEFORE THE
7 BUFFALO CITY COURT, AND SUCH TRAFFIC INFRACTION DOES NOT CONSTITUTE A
8 MISDEMEANOR, FELONY, VIOLATION OF SUBDIVISION ONE OF SECTION ELEVEN
9 HUNDRED NINETY-TWO, SUBDIVISION FIVE OF SECTION ELEVEN HUNDRED
10 NINETY-TWO, SECTION THREE HUNDRED NINETY-SEVEN-A, OR SUBDIVISION (G) OF
11 SECTION ELEVEN HUNDRED EIGHTY OF THIS CHAPTER, OR A VIOLATION OF PARA-
12 GRAPH (B) OF SUBDIVISION FOUR OF SECTION FOURTEEN-F OR CLAUSE (B) OF
13 SUBPARAGRAPH (III) OF PARAGRAPH C OF SUBDIVISION TWO OF SECTION ONE
14 HUNDRED FORTY OF THE TRANSPORTATION LAW, OR ANY PARKING, STOPPING,
15 STANDING OR PEDESTRIAN OFFENSE, OR ANY OFFENSE THAT IS PART OF THE SAME
16 CRIMINAL TRANSACTION, AS THAT TERM IS DEFINED IN SUBDIVISION TWO OF
17 SECTION 40.10 OF THE CRIMINAL PROCEDURE LAW, AS SUCH A MISDEMEANOR,
18 FELONY, VIOLATION OF SUBDIVISION ONE OF SECTION ELEVEN HUNDRED
19 NINETY-TWO, SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-TWO,
20 SECTION THREE HUNDRED NINETY-SEVEN-A OR SUBDIVISION (G) OF SECTION ELEV-
21 EN HUNDRED EIGHTY OF THIS CHAPTER, OR A VIOLATION OF PARAGRAPH (B) OF
22 SUBDIVISION FOUR OF SECTION FOURTEEN-F OR CLAUSE (B) OF SUBPARAGRAPH
23 (III) OF PARAGRAPH D OF SUBDIVISION TWO OF SECTION ONE HUNDRED FORTY OF
24 THE TRANSPORTATION LAW, OR ANY PARKING, STOPPING, STANDING OR PEDESTRIAN
25 OFFENSE, THE ADMINISTRATIVE JUDGE OF THE EIGHTH JUDICIAL DISTRICT MAY
26 ASSIGN JUDICIAL HEARING OFFICERS TO CONDUCT SUCH A TRIAL. SUCH JUDICIAL
27 HEARING OFFICERS SHALL: (I) BE RESIDENTS OF THE CITY OF BUFFALO; AND
28 (II) BE VILLAGE OR TOWN COURT JUSTICES, CITY COURT JUDGES OR RETIRED
29 JUDGES OR JUSTICES ALL OF WHICH SHALL HAVE AT LEAST TWO YEARS OF EXPERI-
30 ENCE CONDUCTING TRIALS OF TRAFFIC VIOLATIONS CASES; AND (III) BE ADMIT-
31 TED TO PRACTICE LAW IN THIS STATE; AND (IV) BE SELECTED FROM A LIST OF
32 RECOMMENDATIONS OF THE MAYOR OF THE CITY OF BUFFALO PROVIDED THAT THE
33 MAYOR SHALL GIVE AT LEAST THREE RECOMMENDATIONS FOR EACH JUDICIAL HEAR-
34 ING OFFICER ASSIGNMENT. WHERE SUCH ASSIGNMENT IS MADE, THE JUDICIAL
35 HEARING OFFICER SHALL ENTERTAIN THE CASE IN THE SAME MANNER AS A COURT
36 AND SHALL:
37 (A) DETERMINE ALL QUESTIONS OF LAW;
38 (B) ACT AS THE EXCLUSIVE TRIER OF ALL ISSUES OF FACT;
39 (C) RENDER A VERDICT;
40 (D) IMPOSE SENTENCE; OR
41 (E) DISPOSE OF THE CASE IN ANY MANNER PROVIDED BY LAW.
42 4-A. JUDICIAL HEARING OFFICERS ARE PROHIBITED FROM APPEARING IN ANY
43 CAPACITY OTHER THAN AS A JUDICIAL HEARING OFFICER IN ANY PART OF BUFFALO
44 CITY COURT ON ANY MATTER RELATING TO TRAFFIC VIOLATIONS AND ARE FURTHER
45 PROHIBITED FROM APPEARING IN ANY CAPACITY OTHER THAN AS A JUDICIAL HEAR-
46 ING OFFICER IN ANY OTHER COURT OR ADMINISTRATIVE TRIBUNAL ON ANY MATTER
47 RELATING TO TRAFFIC VIOLATIONS.
48 S 16. Subdivision 5 of section 350.20 of the criminal procedure law,
49 as amended by chapter 388 of the laws of 2012, is amended to read as
50 follows:
51 5. Notwithstanding the provisions of subdivision one of this section,
52 for all proceedings before the district court of Nassau county the
53 administrative judge of Nassau county may, and for all proceedings
54 before the district court of Suffolk county, the administrative judge of
55 Suffolk county may, without the consent of the parties, assign matters
56 involving traffic and parking infractions except those described in
A. 6008 43
1 paragraphs (a), (b), (c), (d), (e) and (f) of subdivision two of section
2 three hundred seventy-one of the general municipal law to a judicial
3 hearing officer in accordance with the provisions of section sixteen
4 hundred ninety of the vehicle and traffic law AND FOR ALL PROCEEDINGS
5 BEFORE THE BUFFALO CITY COURT THE ADMINISTRATIVE JUDGE OF THE EIGHTH
6 JUDICIAL DISTRICT MAY, WITHOUT THE CONSENT OF THE PARTIES, ASSIGN
7 MATTERS INVOLVING TRAFFIC INFRACTIONS EXCEPT THOSE DESCRIBED IN PARA-
8 GRAPHS (A), (B), (C), (D), (E), (F) AND (G) OF SUBDIVISION TWO-A OF
9 SECTION THREE HUNDRED SEVENTY-ONE OF THE GENERAL MUNICIPAL LAW TO A
10 JUDICIAL HEARING OFFICER IN ACCORDANCE WITH THE PROVISIONS OF SECTION
11 SIXTEEN HUNDRED NINETY OF THE VEHICLE AND TRAFFIC LAW.
12 S 17. Pending actions and proceedings. (a) No proceeding involving a
13 charge of a traffic infraction pending at such time when an existing
14 administrative tribunal shall cease to exist shall be affected or abated
15 by the passage of this act or by anything herein contained or by the
16 cessation of the existence of any administrative tribunal. All such
17 proceedings are hereby transferred to the court of appropriate jurisdic-
18 tion in the city where such traffic infractions allegedly occurred.
19 (b)(i) The agency, department, office, or person charged with the
20 custody of the records of an existing administrative tribunal which is
21 about to cease existing under, or in connection with, this act shall
22 arrange for the transfer of the records of pending proceedings to the
23 court of appropriate jurisdiction to which the proceedings shall be
24 transferred. The presiding judge of such court shall enter an order
25 providing for adequate notice consistent with due process of law to
26 respondents in such pending proceedings regarding the transfer of such
27 proceedings.
28 (ii) In no event shall any difficulty or delay resulting from the
29 transfer process, not caused by the respondent, increase the penalty
30 required of the respondent appearing before the court due to a transfer
31 of the traffic infraction proceeding or otherwise prejudice such
32 respondent. Respondents before the court due to a transfer of the traf-
33 fic infraction proceeding from an administrative tribunal to the court
34 that fail to appear shall be permitted at least one adjournment before
35 the penalties and procedures pursuant to subdivision 3 of section 226 of
36 the vehicle and traffic law shall be available. The presiding judge of
37 such court shall enter an order providing for adequate notice consistent
38 with due process of law to respondents, including notice of the penal-
39 ties and procedures available pursuant to subdivision 3 of section 226
40 of the vehicle and traffic law.
41 S 18. The executive director of the Buffalo traffic violations agency
42 shall issue on an annual basis, beginning eighteen months following the
43 creation of the Buffalo traffic violations agency pursuant to city of
44 Buffalo local law, a report detailing the progress, development and
45 operations of the traffic violations agency. The report shall be
46 provided to the governor, the temporary president of the senate, the
47 speaker of the assembly, the mayor of Buffalo, the common council of
48 Buffalo, the presiding judge of the Buffalo city court and the Erie
49 county district attorney.
50 S 19. This act shall take effect on May 1, 2015; provided, however,
51 that effective immediately the city of Buffalo is authorized to enact a
52 local law establishing a traffic violations agency in the city of
53 Buffalo; provided, however, that the provisions of sections four and
54 five of this act shall take effect on the same date as the enactment of
55 such local law, herein authorized, establishing a traffic violations
56 agency; provided, further, that if established, such agency and the city
A. 6008 44
1 of Buffalo shall comply with all the provisions of law set forth in this
2 act; provided, however, that the amendments made to section 371 of the
3 general municipal law, made by sections six, seven and eight of this
4 act, shall not affect the expiration of such section and be deemed to
5 expire therewith; and provided, further, that the city of Buffalo shall
6 notify the legislative bill drafting commission upon the occurrence of
7 the enactment of the local law provided for in this section in order
8 that the commission may maintain an accurate and timely effective data
9 base of the official text of the laws of the state of New York in furth-
10 erance of effectuating the provisions of section 44 of the legislative
11 law and section 70-b of the public officers law.
12 PART DD
13 Section 1. The transportation law is amended by adding a new article
14 2-G to read as follows:
15 ARTICLE 2-G
16 TEMPORARY ADVISORY BOARD ON UPSTATE TRANSIT FUNDING
17 SECTION 74-A. TEMPORARY ADVISORY BOARD ON UPSTATE FUNDING.
18 74-B. ASSISTANCE OF OTHER AGENCIES.
19 S 74-A. TEMPORARY ADVISORY BOARD ON UPSTATE TRANSIT FUNDING.
20 1. THERE IS HEREBY CREATED IN THE DEPARTMENT A BOARD, TO BE KNOWN AS
21 THE TEMPORARY ADVISORY BOARD ON UPSTATE TRANSIT FUNDING. SUCH BOARD
22 SHALL STUDY, DEVELOP AND MAKE SPECIFIC RECOMMENDATIONS WITH RESPECT TO
23 SUSTAINABLE STATE FUNDING OPTIONS FOR THE GROWTH AND STABILITY OF THE
24 PUBLIC TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT, HEREINAFTER
25 REFERRED TO AS "PTSOA ACCOUNT," OF THE MASS TRANSPORTATION OPERATING
26 ASSISTANCE FUND. AS PART OF SUCH STUDY, THE BOARD MAY PROVIDE AN OPPOR-
27 TUNITY FOR PUBLIC COMMENT INCLUDING PUBLIC HEARINGS.
28 2. SUCH BOARD SHALL CONSIST OF THE COMMISSIONER AND NINE OTHER MEMBERS
29 TO BE APPOINTED BY THE GOVERNOR AS FOLLOWS: TWO UPON THE RECOMMENDATION
30 OF THE TEMPORARY PRESIDENT OF THE SENATE, TWO UPON THE RECOMMENDATION OF
31 THE SPEAKER OF THE ASSEMBLY, ONE UPON THE RECOMMENDATION OF THE MINORITY
32 LEADER OF THE SENATE, ONE UPON THE RECOMMENDATION OF THE MINORITY LEADER
33 OF THE ASSEMBLY, AND THREE WITHOUT RECOMMENDATION FROM ANY OTHER PERSON.
34 OF THE NINE MEMBERS APPOINTED BY THE GOVERNOR, AT LEAST TWO SHALL BE
35 REPRESENTATIVES OF LOCAL GOVERNMENTS RECEIVING PTSOA ACCOUNT FUNDS, AT
36 LEAST TWO SHALL BE REPRESENTATIVES OF PUBLIC TRANSPORTATION AUTHORITIES
37 RECEIVING PTSOA ACCOUNT FUNDS, AT LEAST TWO SHALL BE REPRESENTATIVES OF
38 LABOR UNIONS AFFILIATED WITH PUBLIC TRANSPORTATION SYSTEMS RECEIVING
39 PTSOA ACCOUNT FUNDS, AND AT LEAST TWO SHALL BE REPRESENTATIVES OF RIDERS
40 OF PUBLIC TRANSPORTATION SYSTEMS RECEIVING PTSOA ACCOUNT FUNDS.
41 3. THE COMMISSIONER SHALL SERVE AS CHAIR OF THE BOARD, AND PERSONNEL
42 OF THE DEPARTMENT SHALL PROVIDE, FROM EXISTING STAFF, SERVICES TO THE
43 BOARD SO THAT IT MAY PERFORM ITS DUTIES.
44 4. BOARD MEMBERS SHALL BE APPOINTED WITHIN THIRTY DAYS AFTER THE
45 EFFECTIVE DATE OF THIS ARTICLE; PROVIDED, HOWEVER, THAT AFTER THE EXPI-
46 RATION OF THE THIRTY DAY PERIOD, THE APPOINTMENT OF A MAJORITY OF THE
47 MEMBERS SHALL CONSTITUTE A QUORUM. BOARD MEMBERS SHALL SERVE WITHOUT
48 COMPENSATION.
49 5. THE BOARD SHALL PREPARE A REPORT ON OR BEFORE DECEMBER FIRST, TWO
50 THOUSAND FIFTEEN ON ITS FINDINGS AND SPECIFIC RECOMMENDATIONS FOR
51 SUSTAINABLE FUNDING OPTIONS FOR THE GROWTH AND STABILITY OF THE PTSOA
52 ACCOUNT. SUCH REPORT SHALL BE DELIVERED BY SUCH DATE TO THE GOVERNOR,
53 THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE
54 CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS
A. 6008 45
1 AND MEANS COMMITTEE, THE CHAIR OF THE SENATE TRANSPORTATION COMMITTEE,
2 THE CHAIR OF THE ASSEMBLY TRANSPORTATION COMMITTEE AND THE CHAIR OF THE
3 ASSEMBLY CORPORATIONS, AUTHORITIES AND COMMISSIONS COMMITTEE.
4 S 74-B. ASSISTANCE OF OTHER AGENCIES. TO EFFECTUATE THE PURPOSES OF
5 THIS ARTICLE, THE BOARD MAY REQUEST AND SHALL RECEIVE FROM ANY DEPART-
6 MENT, DIVISION, BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE
7 OR ANY STATE PUBLIC AUTHORITY SUCH ASSISTANCE, INFORMATION AND DATA AS
8 WILL ENABLE THE BOARD PROPERLY TO CONDUCT ITS STUDY AND MAKE ITS RECOM-
9 MENDATIONS.
10 S 2. This act shall take effect immediately and shall expire and be
11 deemed repealed on the one hundred twentieth day after the temporary
12 advisory board on upstate transit funding has submitted its completed
13 report as required by section one of this act, provided that the commis-
14 sioner of transportation of the state of New York shall notify the
15 legislative bill drafting commission upon the occurrence of the
16 submission of the completed report as required by section one of this
17 act in order that the commission may maintain an accurate and timely
18 effective data base of the official text of the laws of the state of New
19 York in furtherance of effectuating the provisions of section 44 of the
20 legislative law and section 70-b of the public officers law.
21 PART EE
22 Section 1. Section 363 of the public authorities law, as amended by
23 chapter 766 of the laws of 1992, is amended to read as follows:
24 S 363. Annual [report] REPORTS AND SPENDING PLAN. 1. The authority
25 shall submit to the governor, to the legislature, to the comptroller and
26 to the director of the budget on or before the first day of February of
27 each year a detailed report setting forth its operations and fiscal
28 transactions during the preceding calendar year with a statement of its
29 financial condition as of the end of such year and a statement of all
30 receipts and expenditures during such year. Such report shall include
31 detailed information relating to additional expenditures incurred by the
32 authority as a result of the amendments made to subdivision four of
33 section three hundred fifty-nine of this [chapter] TITLE pursuant to
34 [the] chapter SEVEN HUNDRED SIXTY-SIX of the laws of nineteen hundred
35 ninety-two [which enacted this sentence].
36 2. (A) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, NO FUNDING
37 FROM THE NEW YORK STATE SPECIAL INFRASTRUCTURE ACCOUNT SHALL BE RELEASED
38 TO THE NEW YORK STATE THRUWAY AUTHORITY UNLESS:
39 (I) A SPENDING PLAN IS SUBMITTED TO THE DIRECTOR OF THE BUDGET, THE
40 CHAIR OF THE SENATE FINANCE COMMITTEE AND THE CHAIR OF THE ASSEMBLY WAYS
41 AND MEANS COMMITTEE. SUCH A PLAN SHALL INCLUDE:
42 (1) AN EXPENDITURE PLAN FOR ALL FUNDS BEING APPROPRIATED TO THE NEW
43 YORK STATE THRUWAY AUTHORITY FROM THE NEW YORK STATE SPECIAL INFRASTRUC-
44 TURE ACCOUNT WHICH SHALL, AT A MINIMUM, PROVIDE A DETAILED DESCRIPTION
45 OF THE PROJECTS THAT WILL BE FUNDED INCLUDING, FOR EACH SUCH PROJECT: A
46 DESCRIPTION OF THE WORK TO BE COMPLETED; A PROJECT IDENTIFICATION
47 NUMBER; THE LOCATION OF THE PROJECT; THE ENGINEERING, ADMINISTRATION AND
48 CONSTRUCTION COSTS OF THE PROJECT; THE AMOUNT OF FUNDING TO BE RECEIVED
49 BY THE PROJECT FROM THE SPECIAL INFRASTRUCTURE ACCOUNT; THE ESTIMATED
50 TOTAL COST OF THE PROJECT; AND THE ESTIMATED START AND COMPLETION DATES
51 OF THE PROJECT; AND
52 (2) A FINANCING REPORT FOR THE NEW NY BRIDGE INCLUDING THE SOURCES OF
53 FUNDING AS WELL AS THE SOURCES OF REVENUE TO BE USED TO MAKE DEBT
54 SERVICE PAYMENTS FOR SUCH BRIDGE. FOR THE PURPOSES OF THIS SECTION, THE
A. 6008 46
1 TERM "NEW NY BRIDGE" SHALL MEAN THE BRIDGE THAT, WHEN COMPLETED, WILL
2 CARRY THE THRUWAY OVER THE HUDSON RIVER BETWEEN WESTCHESTER AND ROCKLAND
3 COUNTIES AND REPLACE THE BRIDGE KNOWN AS "THE GOVERNOR MALCOLM WILSON
4 TAPPAN ZEE BRIDGE" AS DEFINED BY SECTION THREE HUNDRED FIFTY-SIX OF THIS
5 TITLE; AND
6 (II) NONE OF THE FOLLOWING HAS NOTIFIED THE AUTHORITY IN WRITING OF
7 THEIR DISAPPROVAL WITHIN A FIFTEEN DAY PERIOD AFTER RECEIVING THE SPEND-
8 ING PLAN REQUIRED BY SUBDIVISION (A) OF THIS SECTION: THE DIRECTOR OF
9 THE BUDGET, THE CHAIR OF THE SENATE FINANCE COMMITTEE, OR THE CHAIR OF
10 THE ASSEMBLY WAYS AND MEANS COMMITTEE.
11 (B) IF THE PLAN REQUIRED PURSUANT TO SUBDIVISION (A) OF THIS SECTION
12 IS NOT APPROVED, THE AUTHORITY MAY THEREAFTER REFORMULATE AND RESUBMIT
13 SUCH PLAN AT ANY TIME. FOLLOWING SUCH RESUBMISSION, NO FUNDING SHALL BE
14 RELEASED FROM THE NEW YORK STATE SPECIAL INFRASTRUCTURE ACCOUNT TO THE
15 NEW YORK STATE THRUWAY AUTHORITY UNLESS NONE OF THE FOLLOWING HAS NOTI-
16 FIED THE AUTHORITY IN WRITING OF THEIR DISAPPROVAL OF THE RESUBMITTED
17 PLAN WITHIN A FIFTEEN DAY PERIOD: THE DIRECTOR OF THE BUDGET, THE CHAIR
18 OF THE SENATE FINANCE COMMITTEE, OR THE CHAIR OF THE ASSEMBLY WAYS AND
19 MEANS COMMITTEE.
20 (C) IN ADDITION, THE AUTHORITY SHALL ANNUALLY PROVIDE, ON OR BEFORE
21 APRIL FIFTEENTH OF EACH YEAR, A REPORT DETAILING THE AMOUNT OF NEW YORK
22 STATE SPECIAL INFRASTRUCTURE ACCOUNT FUNDING USED FOR EACH PROJECT
23 DETAILED IN THE SPENDING PLAN IN THE PREVIOUS CALENDAR YEAR, THE TOTAL
24 AMOUNT OF NEW YORK STATE SPECIAL INFRASTRUCTURE ACCOUNT FUNDING SPENT ON
25 EACH PROJECT UP TO THE END OF THE PREVIOUS CALENDAR YEAR, AND THE STATUS
26 OF EACH PROJECT IN THE PLAN, INCLUDING ANY CHANGES IN TOTAL COST ESTI-
27 MATES AND START AND COMPLETION DATES.
28 S 2. This act shall take effect immediately.
29 PART FF
30 Section 1. Legislative intent and findings. The Legislature hereby
31 finds that there are significant environmental and public health costs
32 associated with the burning of number six and number four heating oil in
33 buildings throughout the City of New York. These costs are borne by all
34 New Yorkers through the need to comply with federal air regulations and
35 public health programs to treat respiratory illnesses, including asthma.
36 In 2010, the City of New York passed Local Law 43, requiring that build-
37 ings cease burning number six heating oil by 2015 and transition to
38 number 2 heating oil, gas, steam or a cleaner alternative by 2030. As of
39 2014, there were more than 4,000 buildings citywide burning number six
40 heating oil or number four heating oil. The Legislature finds that a
41 steady source of funding will help to accelerate conversions throughout
42 the city and improve air quality.
43 S 2. The public authorities law is amended by adding a new section
44 1899-b to read as follows:
45 S 1899-B. MULTI-FAMILY EMISSIONS REDUCTION PROGRAM. 1. DEFINITIONS.
46 AS USED IN THIS ACT, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
47 INGS:
48 (A) "APPLICANT" MEANS A PERSON WHO OWNS A MULTI-FAMILY STRUCTURE AND
49 WHO HAS THE AUTHORITY TO CONTRACT FOR FINANCING FOR AN ELIGIBLE PROJECT
50 UNDER THIS SECTION.
51 (B) "AUTHORITY" SHALL MEAN THE NEW YORK STATE ENERGY RESEARCH AND
52 DEVELOPMENT AUTHORITY.
53 (C) "DISTRIBUTION UTILITY" MEANS CONSOLIDATED EDISON OR NIAGARA MOHAWK
54 D/B/A NATIONAL GRID.
A. 6008 47
1 (D) "DISTRICT ENERGY SYSTEM" SHALL MEAN FACILITIES FURNISHED,
2 INSTALLED AND MAINTAINED BY A DISTRICT ENERGY CUSTOMER REQUIRED FOR THE
3 UTILIZATION OF DISTRICT SERVICE INCLUDING, BUT NOT LIMITED TO, SERVICE
4 STOP VALVES, METER STOP VALVES, PRIMARY AND SECONDARY SERVICE PRESSURE
5 REDUCING VALVES, METER SUPPORTS AND ALL PIPING BETWEEN THE POINT OF
6 SERVICE TERMINATION AND THE CUSTOMER'S UTILIZATION EQUIPMENT, AND ANY
7 OTHER IMPROVEMENT TO A HEATING SYSTEM THAT SATISFIES THE CRITERIA SET
8 FORTH IN THIS SECTION.
9 (E) "ELIGIBLE PROJECT" SHALL MEAN A HEATING SYSTEM CONVERSION TO BE
10 PERFORMED IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE AUTHORITY FOR
11 THE MULTI-FAMILY EMISSIONS REDUCTION PROGRAM PURSUANT TO THIS SECTION.
12 (F) "MULTI-FAMILY STRUCTURE" OR "STRUCTURE" SHALL MEAN A RESIDENTIAL
13 BUILDING WITH FIVE OR MORE UNITS LOCATED WITHIN THE CITY OF NEW YORK.
14 (G) "MULTI-FAMILY EMISSIONS REDUCTION PROGRAM" OR "PROGRAM" SHALL MEAN
15 A PROGRAM ADMINISTERED BY THE AUTHORITY TO PROVIDE LOW-INTEREST LOANS TO
16 OWNERS OF MULTI-FAMILY STRUCTURES WITH LESS EFFICIENT HEATING SYSTEMS
17 FOR THE COMPLETION OF ELIGIBLE PROJECTS.
18 (H) "LESS EFFICIENT HEATING SYSTEM" SHALL MEAN A SYSTEM THAT GENERATES
19 HEAT, HOT AIR, HOT WATER OR STEAM BY THE COMBUSTION OF NUMBER SIX HEAT-
20 ING OIL OR NUMBER FOUR HEATING OIL AND DISTRIBUTES SUCH HEAT WITHIN A
21 MULTI-FAMILY STRUCTURE.
22 (I) "HEATING SYSTEM CONVERSION" SHALL MEAN A CONVERSION OF A LESS
23 EFFICIENT HEATING SYSTEM TO A HEATING SYSTEM UTILIZING NUMBER TWO FUEL
24 OIL, GAS OR TO A DISTRICT ENERGY SYSTEM THAT MEETS THE REQUIREMENTS OF
25 LOCAL LAW 43 OF 2010. A HEATING SYSTEM CONVERSION, WHETHER COMPLETED
26 UNDER THE PROGRAM OR OTHERWISE, SHALL NOT BE CONSIDERED A MAJOR CAPITAL
27 IMPROVEMENT PURSUANT TO SUBPARAGRAPH (G) OF PARAGRAPH ONE OF SUBDIVISION
28 G OF SECTION 26-405 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK,
29 SUBPARAGRAPH (K) OF PARAGRAPH ONE OF SUBDIVISION G OF SECTION 26-405 OF
30 THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, PARAGRAPH SIX OF SUBDI-
31 VISION C OF SECTION 26-511 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
32 YORK, PARAGRAPH THREE OF SUBDIVISION D OF SECTION SIX OF SECTION FOUR OF
33 CHAPTER FIVE HUNDRED SEVENTY-SIX OF THE LAWS OF NINETEEN HUNDRED SEVEN-
34 TY-FOUR, AND THE SECOND UNDESIGNATED PARAGRAPH OF PARAGRAPH (A) OF
35 SUBDIVISION FOUR OF SECTION FOUR OF CHAPTER TWO HUNDRED SEVENTY-FOUR OF
36 THE LAWS OF NINETEEN HUNDRED FORTY-SIX.
37 2. PROGRAM IMPLEMENTATION. IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF
38 THIS SECTION, THE AUTHORITY SHALL ESTABLISH A MULTI-FAMILY EMISSIONS
39 REDUCTION PROGRAM. THE PROGRAM SHALL INCLUDE:
40 (A) A REVOLVING LOAN FUND TO PROVIDE INTEREST-FREE LOANS, PAID TO
41 QUALIFIED APPLICANTS, TO OFFSET THE COSTS OF AN ELIGIBLE PROJECT.
42 (B) A TIERED PREFERENCE SYSTEM TO PRIORITIZE THE ISSUANCE OF LOANS TO
43 APPLICANTS WHO OWN A MULTI-FAMILY STRUCTURE WITH A LESS EFFICIENT HEAT-
44 ING SYSTEM WHICH (I) HAS THE POTENTIAL TO EMIT THE HIGHEST LEVELS OF
45 SULFUR DIOXIDE, NITROGEN OXIDE, PARTICULATE MATTER THAT IS TWO AND ONE-
46 HALF MICRONS IN WIDTH (COMMONLY REFERRED TO AS PM 2.5 EMISSIONS) AND
47 CARBON DIOXIDE AND (II) IS LOCATED IN A LOW INCOME CENSUS TRACT.
48 (C) SELECTION OF CONTRACTORS BY THE AUTHORITY WHICH WOULD BE RESPONSI-
49 BLE FOR PERFORMING ELIGIBLE PROJECTS;
50 (D) OUTREACH TO BUILDING OWNERS WITH LESS EFFICIENT HEATING SYSTEMS;
51 AND
52 (E) APPLICATION PROCEDURES.
53 3. MULTI-FAMILY EMISSIONS REDUCTION REVOLVING LOAN FUND. (A) THERE IS
54 HEREBY CREATED A MULTI-FAMILY EMISSIONS REDUCTION REVOLVING LOAN FUND.
55 THE REVOLVING LOAN FUND SHALL CONSIST OF:
A. 6008 48
1 (I) ALL MONIES MADE AVAILABLE, AT A MINIMUM OF FIFTEEN MILLION DOLLARS
2 OF AUTHORITY RESOURCES, FOR THE PURPOSE OF THE REVOLVING LOAN FUND
3 PURSUANT TO THIS SECTION;
4 (II) PAYMENTS OF PRINCIPAL, INCLUDING ANY LATE PAYMENT CHARGES, MADE
5 PURSUANT TO LOAN OR FINANCING AGREEMENTS ENTERED INTO WITH THE AUTHORITY
6 OR ITS DESIGNEE PURSUANT TO THIS SECTION;
7 (III) ANY INTEREST EARNED BY THE INVESTMENT OF MONIES IN THE REVOLVING
8 LOAN FUND.
9 (B) THE AUTHORITY SHALL NOT COMMINGLE REVOLVING LOAN FUND MONIES OR
10 EXPEND SUCH MONIES, EXCEPT IN ACCORDANCE WITH THE REQUIREMENTS OF THIS
11 SECTION.
12 (C) THE REVOLVING LOAN FUND SHALL BE MAINTAINED TO PROVIDE LOANS TO
13 FINANCE THE COST OF ELIGIBLE PROJECTS FOR MULTI-FAMILY STRUCTURES WITH
14 LESS EFFICIENT HEATING SYSTEMS.
15 (D) LOANS MADE BY THE AUTHORITY PURSUANT TO THIS SECTION SHALL BE
16 SUBJECT TO THE FOLLOWING LIMITATIONS:
17 (I) LOANS SHALL NOT EXCEED ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS
18 OR EIGHTY PERCENT OF THE COSTS OF AN ELIGIBLE PROJECT, WHICHEVER IS THE
19 LESSER;
20 (II) NO FEES OR PENALTIES SHALL BE CHARGED OR COLLECTED FOR PREPAYMENT
21 OF ANY SUCH LOAN; AND
22 (III) ALL LOANS SHALL BE INTEREST-FREE.
23 (E) PAYMENT SHALL BE MADE TO ELIGIBLE APPLICANTS UPON CERTIFICATION BY
24 THE AUTHORITY THAT COMPLETION OF THE HEATING SYSTEM CONVERSION MEETS THE
25 REQUIREMENTS OF THIS SECTION.
26 4. TIERED PREFERENCE SYSTEM. (A) IMMEDIATELY FOLLOWING THE EFFECTIVE
27 DATE OF THIS ACT, THE NEW YORK CITY DEPARTMENT OF ENVIRONMENTAL
28 PROTECTION ("DEPARTMENT OF ENVIRONMENTAL PROTECTION") SHALL PRODUCE A
29 COMPREHENSIVE DATABASE OF MULTI-FAMILY STRUCTURES WHICH AS OF THE EFFEC-
30 TIVE DATE OF THIS SECTION OPERATE LESS EFFICIENT HEATING SYSTEMS. THE
31 DATABASE SHALL INCLUDE: (I) MULTI-FAMILY STRUCTURE ADDRESS, (II) OWNER
32 ADDRESS; (III) THE TYPE; (IV) CAPACITY; AND INFORMATION CONCERNING THE
33 EMISSION CAPABILITY OF EACH LESS EFFICIENT HEATING SYSTEM; AND (V) ANY
34 OTHER INFORMATION DEEMED NECESSARY BY THE AUTHORITY.
35 (B) THE DEPARTMENT OF ENVIRONMENTAL PROTECTION SHALL SUBMIT THIS LIST
36 TO AND COORDINATE WITH THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
37 CONSERVATION TO ASSIGN EACH LESS EFFICIENT HEATING SYSTEM A RATING BASED
38 ON ITS POTENTIAL TO EMIT THE FOLLOWING: (I) PM 2.5; (II) SULFUR DIOXIDE;
39 (III) NITROGEN OXIDE AND (IV) CARBON DIOXIDE.
40 (C) AFTER COMPLETION OF THE RATING SYSTEM REQUIRED PURSUANT TO THIS
41 PARAGRAPH, THE DEPARTMENT OF ENVIRONMENTAL PROTECTION AND DEPARTMENT OF
42 ENVIRONMENTAL CONSERVATION SHALL SUBMIT THEIR EMISSION RATING DATA
43 COLLECTED TO THE AUTHORITY NO LATER THAN NINETY DAYS FOLLOWING THE
44 EFFECTIVE DATE OF THIS SECTION.
45 (D) THE AUTHORITY SHALL OVERLAY THE EMISSION RATING DATA COLLECTED
46 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION WITH THE MOST RECENT DATA
47 PROVIDED BY THE UNITED STATES BUREAU OF CENSUS' AMERICAN COMMUNITY
48 SURVEY INDICATING MEDIAN HOUSEHOLD INCOME BY CENSUS TRACT.
49 (E) THE TIERED PREFERENCE SYSTEM CREATED UNDER THIS SUBDIVISION SHALL
50 RANK HEATING SYSTEM CONVERSIONS IN THE FOLLOWING MANNER: FROM HIGHEST TO
51 LOWEST BASED ON EMISSION RATING DATA, PROVIDED THAT, IF THERE ARE TWO OR
52 MORE STRUCTURES WITH IDENTICAL POTENTIAL EMISSION RATINGS, THE STRUCTURE
53 OR STRUCTURES LOCATED IN THE CENSUS TRACTS WITH THE LOWEST MEDIAN HOUSE-
54 HOLD INCOME SHALL BE RANKED HIGHER.
55 (F) THE AUTHORITY SHALL UPDATE ITS DATABASE ON AN ANNUAL BASIS AS TO
56 REFLECT COMPLETED ELIGIBLE PROJECTS.
A. 6008 49
1 5. SELECTION OF CONTRACTORS. (A) IMMEDIATELY FOLLOWING THE EFFECTIVE
2 DATE OF THIS SECTION, THE AUTHORITY SHALL ISSUE A PROGRAM OPPORTUNITY
3 NOTICE TO SELECT ELIGIBLE CONTRACTORS TO PERFORM HEATING SYSTEM CONVER-
4 SIONS IN THE MULTI-FAMILY REDUCTION PROGRAM.
5 (B) THE AUTHORITY SHALL ESTABLISH GUIDELINES FOR THE SELECTION OF
6 ELIGIBLE CONTRACTORS REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
7 SION, PROVIDED THAT (I) THE AUTHORITY SHALL REQUIRE CONTRACTORS TO HAVE
8 A RECORD OF MAINTAINING HARMONIOUS LABOR RELATIONS AND A COMMITMENT TO
9 WORKING WITH MINORITY- AND WOMEN-OWNED BUSINESSES THROUGH JOINT VENTURES
10 OR SUBCONTRACTOR RELATIONSHIPS; (II) THE AUTHORITY SHALL REQUIRE
11 CONTRACTORS TO HAVE EXISTING APPRENTICESHIP AGREEMENTS APPROPRIATE FOR
12 THE TYPE AND SCOPE OF WORK TO BE PERFORMED THAT HAVE BEEN REGISTERED
13 WITH AND APPROVED BY THE COMMISSIONER OF THE DEPARTMENT OF LABOR, AND
14 THAT HAVE BEEN IN SUCCESSFUL OPERATION FOR A PERIOD OF NOT LESS THAN
15 THREE YEARS; (III) THE AUTHORITY SHALL ESTABLISH A PRICE RANGE FOR THE
16 HEATING SYSTEM CONVERSIONS TO BE PUBLISHED IN THE PROGRAM OPPORTUNITY
17 NOTICE; AND (IV) CONTRACTORS MUST AGREE TO CHARGE BUILDING OWNERS A
18 PRICE WITHIN SUCH RANGE FOR HEATING SYSTEM CONVERSIONS.
19 (C) THE AUTHORITY SHALL SELECT A MINIMUM OF THIRTY CONTRACTORS TO
20 PERFORM ELIGIBLE CONVERSIONS, PROVIDED THAT (I) NO LESS THAN FIVE
21 CONTRACTORS SHALL BE QUALIFIED TO PERFORM CONVERSIONS TO DISTRICT ENERGY
22 SYSTEMS AND (II) NO LESS THAN FIVE CONTRACTORS SHALL BE QUALIFIED TO
23 PERFORM CONVERSIONS TO GAS.
24 (D) NO LATER THAN NINETY DAYS IMMEDIATELY FOLLOWING ISSUANCE OF THE
25 PROGRAM OPPORTUNITY NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS
26 SUBDIVISION, THE AUTHORITY SHALL FINALIZE ITS SELECTION OF CONTRACTORS,
27 PROVIDED THAT, IF AFTER FINALIZATION, A CONTRACTOR DEEMED ELIGIBLE TO
28 PERFORM WORK UNDER THE MULTI-FAMILY PROGRAM SHALL OPT OUT OF THE
29 PROGRAM, THE AUTHORITY SHALL SELECT FROM AMONG THE RESPONSES A CONTRAC-
30 TOR IT DEEMS COMPETENT TO PERFORM THE WORK REQUIRED UNDER THIS SECTION.
31 (E) THE AUTHORITY SHALL MAINTAIN ON ITS WEBSITE THE LIST OF ITS ELIGI-
32 BLE CONTRACTORS UNDER THE MULTI-FAMILY EMISSIONS REDUCTION PROGRAM. SUCH
33 LIST SHALL INCLUDE THE NAME, ADDRESS AND CONTACT INFORMATION FOR EACH
34 CONTRACTOR'S BUSINESS.
35 6. PROGRAM RULES. IMMEDIATELY FOLLOWING THE EFFECTIVE DATE OF THIS
36 SECTION, THE AUTHORITY SHALL DEVELOP MULTI-FAMILY EMISSIONS REDUCTION
37 PROGRAM GUIDELINES, WHICH SHALL INCLUDE:
38 (A) A STANDARDIZED JOINT APPLICATION TO BE COMPLETED BY OWNERS OF
39 MULTI-FAMILY STRUCTURES WITH LESS EFFICIENT HEATING SYSTEMS AND ELIGIBLE
40 CONTRACTORS WHICH SHALL REQUIRE: (I) A DESCRIPTION OF THE PROPOSED HEAT-
41 ING SYSTEM CONVERSION AGREED UPON BETWEEN THE OWNER OF A MULTI-FAMILY
42 STRUCTURE WITH A LESS EFFICIENT HEATING SYSTEM AND THE ELIGIBLE CONTRAC-
43 TOR; (II) A PLAN FOR THE DECOMMISSIONING OF THE LESS EFFICIENT HEATING
44 SYSTEM; (III) SUBMISSION OF ANY FINANCIAL AGREEMENT BETWEEN THE OWNER OF
45 THE MULTI-FAMILY STRUCTURE WITH THE LESS EFFICIENT HEATING SYSTEM AND
46 THE ELIGIBLE CONTRACTOR; (IV) IN THE CASE OF A CONVERSION TO NATURAL GAS
47 OR A DISTRICT ENERGY SYSTEM, VERIFICATION BY THE DISTRIBUTION UTILITY
48 WHICH WOULD FURNISH GAS OR STEAM TO SUCH STRUCTURE, THAT SUCH DISTRIB-
49 UTION UTILITY WILL ACCOMMODATE THE CONVERSION; AND (V) ANY OTHER INFOR-
50 MATION THE AUTHORITY SHALL DEEM NECESSARY FOR DETERMINING POTENTIAL
51 ELIGIBLE PROJECTS;
52 (B) SELECTION CRITERIA WHICH SHALL PRIORITIZE THE AWARD OF LOANS TO
53 OWNERS OF MULTI-FAMILY STRUCTURES WITH LESS EFFICIENT HEATING SYSTEMS
54 WHO HAVE SUBMITTED COMPLETED APPLICATIONS, PROVIDED THAT SUCH CRITERIA
55 SHALL PRIORITIZE PROJECTS IN CONFORMITY WITH THE TIERED PREFERENCE
56 SYSTEM DESCRIBED IN PARAGRAPH (E) OF SUBDIVISION FOUR OF THIS SECTION;
A. 6008 50
1 (C) CRITERIA FOR CERTIFYING WORK WHICH MAY PROVIDE FOR POST-INSTALLA-
2 TION SITE VISITS BY AUTHORITY PERSONNEL TO VERIFY THAT A HEATING SYSTEM
3 CONVERSION MEETS STANDARDS ESTABLISHED UNDER THIS ACT;
4 (D) A STANDARDIZED PROCEDURE FOR AWARDING LOANS FOR ELIGIBLE PROJECTS,
5 PROVIDED THAT LOANS AWARDED THROUGH THE MULTI-FAMILY EMISSIONS REDUCTION
6 PROGRAM SHALL SUPPLEMENT AND NOT SUPPLANT TARIFF FUNDS COMMITTED TO GAS
7 CONVERSION PROJECTS BY A DISTRIBUTION UTILITY.
8 7. OUTREACH. (A) IMMEDIATELY FOLLOWING THE SELECTION OF CONTRACTORS
9 PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, THE AUTHORITY SHALL
10 COMMENCE OUTREACH TO OWNERS OF MULTI-FAMILY STRUCTURES WITH LESS EFFI-
11 CIENT HEATING SYSTEMS AS DEFINED IN SUBDIVISION TWO OF THIS SECTION;
12 (B) IN FULFILLING THE REQUIREMENTS PURSUANT TO PARAGRAPH (A) OF THIS
13 SUBDIVISION, THE AUTHORITY SHALL MAIL TO EACH OWNER OF A MULTI-FAMILY
14 STRUCTURE WITH A LESS EFFICIENT HEATING SYSTEM A WRITTEN COMMUNICATION,
15 DETAILING THE MULTI-FAMILY EMISSIONS REDUCTION PROGRAM AND THE PROCESS
16 FOR APPLYING FOR FINANCIAL ASSISTANCE UNDER SUCH PROGRAM;
17 (C) THE COMMUNICATION REQUIRED PURSUANT TO PARAGRAPH (B) OF THIS
18 SUBDIVISION SHALL INCLUDE: (I) DIRECTIONS FOR OBTAINING A PROGRAM APPLI-
19 CATION; (II) A DESCRIPTION OF HEATING SYSTEM CONVERSIONS THAT COULD
20 QUALIFY AS AN ELIGIBLE PROJECT; (III) THE WEBSITE ADDRESS LISTING ELIGI-
21 BLE CONTRACTORS REQUIRED PURSUANT TO PARAGRAPH (E) OF SUBDIVISION FIVE
22 OF THIS ACT; (IV) ALL RELEVANT APPLICATION DEADLINES NECESSARY TO ENSURE
23 TIMELY CONSIDERATION OF HEATING SYSTEM CONVERSIONS AS ELIGIBLE PROJECTS;
24 AND (V) ANY OTHER INFORMATION DEEMED NECESSARY BY THE AUTHORITY.
25 8. AWARD SOLICITATIONS. (A) THE AUTHORITY SHALL ESTABLISH AN ANNUAL
26 DEADLINE FOR APPLICATIONS FOR LOANS UNDER THE MULTI-FAMILY EMISSIONS
27 REDUCTION PROGRAM.
28 (B) NO LATER THAN NINETY DAYS FOLLOWING THE CLOSING OF THE ANNUAL
29 DEADLINE PROVIDED FOR PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE
30 AUTHORITY SHALL CONTACT OWNERS OF MULTI-FAMILY STRUCTURES WITH LESS
31 EFFICIENT HEATING SYSTEMS AND THE RESPECTIVE CONTRACTOR WHO HAVE SUBMIT-
32 TED A COMPLETED APPLICATION WHICH IS DETERMINED BY THE AUTHORITY TO BE
33 AN ELIGIBLE PROJECT TO INFORM THE PARTIES THAT THE HEATING SYSTEM
34 CONVERSION CAN COMMENCE.
35 S 3. Report required. No later than December 31, 2016 and annually
36 thereafter, the authority shall submit a report to the governor, the
37 temporary president of the senate, the speaker of the assembly, the
38 chair of the senate committee on energy and telecommunications and the
39 chair of the assembly committee on energy describing the status of the
40 multi-family emissions reduction program. Such report shall include: (i)
41 the number of applicants in the previous year; (ii) the total amount of
42 loans issued for eligible projects; (iii) the amount of money expended
43 under the program; (iv) the number of less efficient boilers remaining;
44 and (v) the balance of the revolving loan fund.
45 S 4. This act shall take effect immediately.
46 PART GG
47 Section 1. 1. No later than six months after the effective date of
48 this act, the New York state energy research and development authority
49 ("NYSERDA") shall develop standards and/or criteria that will encourage
50 and increase participation of and issuance of loans to low-to-moderate
51 income households statewide for qualified energy efficiency services
52 under the green jobs - green New York program. For purposes of this
53 section, "low-to-moderate income households" shall be defined as house-
A. 6008 51
1 holds with an income less than or equal to eighty percent of the area
2 median income.
3 2. Immediately following the effective date of this act, NYSERDA shall
4 create a working group to develop standards required pursuant to subdi-
5 vision one of this section. NYSERDA shall consult with and solicit
6 information and recommendations from such working group as to how to
7 increase financing eligibility for low-to-moderate income households
8 seeking qualified energy efficiency services, including, but not limited
9 to, services described in paragraph (n) of subdivision 12 of section
10 1891 of the public authorities law. NYSERDA shall report the results of
11 such consultations and solicitations to the governor, the senate majori-
12 ty leader and the speaker of the assembly no later than six months
13 following the effective date of this act.
14 3. The working group established pursuant to subdivision two of this
15 section shall include, but not be limited to constituency-based organ-
16 izations, as such term is defined in subdivision 3 of section 1891 of
17 the public authorities law and organizations advocating for the inter-
18 ests of low-to-moderate income residents.
19 4. NYSERDA shall continue the green jobs - green New York program as
20 it existed prior to January 1, 2015 while and until the requirements of
21 the provisions of subdivisions 1 and 2 of this section have been satis-
22 fied.
23 S 2. This act shall take effect immediately.
24 S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
25 sion, section or part of this act shall be adjudged by any court of
26 competent jurisdiction to be invalid, such judgment shall not affect,
27 impair, or invalidate the remainder thereof, but shall be confined in
28 its operation to the clause, sentence, paragraph, subdivision, section
29 or part thereof directly involved in the controversy in which such judg-
30 ment shall have been rendered. It is hereby declared to be the intent of
31 the legislature that this act would have been enacted even if such
32 invalid provisions had not been included herein.
33 S 3. This act shall take effect immediately provided, however, that
34 the applicable effective date of Parts A through GG of this act shall be
35 as specifically set forth in the last section of such Parts.