Bill Text: NY S02810 | 2011-2012 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Authorizes funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2011-2012; extends or makes permanent various provisions of law; relates to the excelsior linked deposit act; relates to recovery of state governmental costs; relates to the community services block grant program; relates to the removal of statutory references to the governor's office of regulatory reform; authorizes and directs the New York state energy research and development authority to make a payment to the general fund of up to $913,000; authorizes the New York State Energy Research and Development Authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations; authorizes the department of health to finance certain activities with revenues generated from an assessment on cable television companies; relates to pesticide registration time frames and fees; relates to the healthy food/communities initiative; authorizes the establishment of a revolving loan fund; relates to state aid for farmers' markets; relates to disbursements from the tribal-state compact revenue account to certain municipalities; increases the term of licensure and registration from two to four years; relates to saltwater recreational fishing registrations; relates to the use of ultra low sulfur diesel fuel and best available technology by the state; relates to the creation of the recharge New York power program; extends the expiration of the power for jobs program and the energy cost savings benefit programs; requires the New York state urban development corporation to submit a comprehensive financial plan to the director of the budget and establishes accounts and subaccounts within the treasury of such corporation; relates to the new markets tax credits.
Spectrum: Committee Bill
Status: (Passed) 2011-03-31 - SIGNED CHAP.60 [S02810 Detail]
Download: New_York-2011-S02810-Amended.html
Bill Title: Authorizes funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2011-2012; extends or makes permanent various provisions of law; relates to the excelsior linked deposit act; relates to recovery of state governmental costs; relates to the community services block grant program; relates to the removal of statutory references to the governor's office of regulatory reform; authorizes and directs the New York state energy research and development authority to make a payment to the general fund of up to $913,000; authorizes the New York State Energy Research and Development Authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations; authorizes the department of health to finance certain activities with revenues generated from an assessment on cable television companies; relates to pesticide registration time frames and fees; relates to the healthy food/communities initiative; authorizes the establishment of a revolving loan fund; relates to state aid for farmers' markets; relates to disbursements from the tribal-state compact revenue account to certain municipalities; increases the term of licensure and registration from two to four years; relates to saltwater recreational fishing registrations; relates to the use of ultra low sulfur diesel fuel and best available technology by the state; relates to the creation of the recharge New York power program; extends the expiration of the power for jobs program and the energy cost savings benefit programs; requires the New York state urban development corporation to submit a comprehensive financial plan to the director of the budget and establishes accounts and subaccounts within the treasury of such corporation; relates to the new markets tax credits.
Spectrum: Committee Bill
Status: (Passed) 2011-03-31 - SIGNED CHAP.60 [S02810 Detail]
Download: New_York-2011-S02810-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2810--B I N S E N A T E February 1, 2011 ___________ A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to authorize funding for the Consolidated Local Street and High- way Improvement Program (CHIPS) and Marchiselli program for state fiscal year 2011-2012 and to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the estab- lishment of the dedicated highway and bridge trust fund; and providing for the repeal of certain provisions upon expiration thereof (Part A); to amend chapter 279 of the laws of 1998 amending the transportation law relating to enabling the commissioner of transportation to estab- lish a single audit pilot program, in relation to making such provisions permanent (Part B); to amend chapter 312 of the laws of 1994, amending the vehicle and traffic law relating to suspensions of licenses pending prosecution of certain alcohol-related charges, and authorizations for probationary and conditional drivers' licenses, in relation to the effectiveness thereof (Part C); to amend chapter 533 of the laws of 1993, amending the vehicle and traffic law and the correction law relating to suspension and revocation of driver's licenses upon conviction of certain drug-related offenses, in relation to the effectiveness thereof (Part D); to amend chapter 569 of the laws of 1981, amending the vehicle and traffic law relating to motor vehicle liability insurance, financial security, criminal acts and penalties for non-compliance, in relation to making provisions perma- nent; and to amend chapter 781 of the laws of 1983, amending the vehi- cle and traffic law and other laws relating to motor vehicle liability insurance, financial security, criminal acts and certain penalties for non-compliance, in relation to making provisions permanent (Part E); to amend the vehicle and traffic law and the criminal procedure law, in relation to governing operators of commercial motor vehicles and federal requirements for medical certification pertaining to such operators (Part F); to amend chapter 393 of the laws of 1994 amending the New York state urban development corporation act, relating to the powers of the New York state urban development corporation to make EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12573-04-1 S. 2810--B 2 loans, in relation to the effectiveness thereof (Part G); to amend the state finance law, in relation to the excelsior linked deposit act (Part H); to amend part U of chapter 57 of the laws of 2005 amending the labor law and other laws implementing the state fiscal plan for the 2005-2006 state fiscal year, relating to New York state higher education matching grant program for independent colleges, in relation to the effectiveness thereof (Part I); to amend the public authorities law, in relation to the state governmental cost recovery system; and to repeal section 2975-a of such law relating thereto (Part J); to amend the executive law, in relation to the community services block grant program; and to amend chapter 728 of the laws of 1982 and chap- ter 710 of the laws of 1983, amending the executive law relating to community services block grant programs, in relation to the effective- ness thereof (Part K); to amend chapter 21 of the laws of 2003, amend- ing 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 expe- dited service, in relation to the effectiveness thereof (Part L); Intentionally omitted (Part M); Intentionally omitted (Part N); to amend the executive law, the economic development law and the state administrative procedure act, in relation to the removal of statutory references to the governor's office of regulatory reform; and to repeal subdivision 8 of section 202-b of the state administrative procedure act, relating thereto (Part O); to authorize and direct the New York state energy research and development authority to make a payment to the general fund of up to $913,000 (Part P); to authorize the New York State Energy Research and Development Authority to finance a portion of its research, development and demonstration and policy and planning programs from assessments on gas and electric corporations (Part Q); to authorize the department of health to finance certain activities with revenues generated from an assessment on cable television companies (Part R); to amend the environmental conservation law and chapter 67 of the laws of 1992 amending the envi- ronmental conservation law relating to pesticide product registration timetables and fees, in relation to pesticide registration time frames and fees (Part S); Intentionally omitted (Part T); to amend the New York state urban development corporation act, in relation to the heal- thy food/communities initiative; to amend the agriculture and markets law, in relation to authorizing the establishment of a revolving loan fund; and to amend the agriculture and markets law, in relation to state aid for farmers' markets (Part U); Intentionally omitted (Part V); to amend the state finance law, in relation to the transfer of tribal compact revenue to the general fund and to the city of Niagara Falls (Part W); Intentionally omitted (Part X); to amend the general business law, in relation to increasing the term of licensure and registration from two to four years (Part Y); to amend the real prop- erty tax law, the general municipal law, the public officers law, the tax law and the administrative code of the city of New York, in relation to establishing standards for electronic real property tax administration, allowing the department of taxation and finance to use electronic communication means to furnish tax notices and other docu- ments, and mandatory electronic filing of tax documents (Part Z); to amend the transportation law, in relation to airport improvement and revitalization (Part AA); to amend the transportation law, in relation to requiring sign properties, in cities having a population of one million or more, to be licensed by the department of transportation S. 2810--B 3 (Part BB); to amend the environmental conservation law, in relation to the amount of sulfur content that may be in heating oil and the effec- tive date for sulfur reductions (Part CC); to amend the environmental conservation law, in relation to bottle collection and recycling (Part DD); directing the power authority of the state of New York to release requests for proposals on certain natural gas powered generating facilities in and around New York city (Part EE); to amend the envi- ronmental conservation law, in relation to establishing a registration system for saltwater recreational fishing; and to repeal part LL of chapter 59 of the laws of 2009 amending the environmental conservation law, relating to recreational marine fishing licenses, relating there- to (Part FF); to amend the environmental conservation law, in relation to the use of ultra low sulfur diesel fuel and best available technol- ogy by the state (Part GG); to amend the public authorities law, in relation to directing the metropolitan transportation authority to contract for the provision of an independent forensic audit of such authority; and providing for the repeal of such provisions upon the expiration thereof (Part HH); and to amend the public service law, in relation to authority of the public service commission over services of a telephone corporation or cable television company (Part II) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement the state fiscal plan for the 2011-2012 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through II. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, includ- 7 ing the effective date of the Part, which makes a reference to a section 8 "of this act", when used in connection with that particular component, 9 shall be deemed to mean and refer to the corresponding section of the 10 Part in which it is found. Section three of this act sets forth the 11 general effective date of this act. 12 PART A 13 Section 1. The sum of four hundred two million seven hundred ninety- 14 seven thousand dollars ($402,797,000), or so much thereof as shall be 15 necessary, and in addition to amounts previously appropriated by law, is 16 hereby made available, in accordance with subdivision 1 of section 380 17 of the public authorities law as amended, according to the following 18 schedule. Payments pursuant to subdivision (a) of this section shall be 19 made available as moneys become available for such payments. Payments 20 pursuant to subdivisions (b) and (c) of this section shall be made 21 available on the fifteenth day of June, September, December and March or 22 as soon thereafter as moneys become available for such payments. No 23 moneys of the state in the state treasury or any of its funds shall be 24 available for payments pursuant to this section: 25 SCHEDULE 26 (a) Thirty-nine million seven hundred thousand dollars ($39,700,000) 27 to municipalities for repayment of eligible costs of federal aid munici- 28 pal street and highway projects pursuant to section 15 of chapter 329 of 29 the laws of 1991, as added by section 9 of chapter 330 of the laws of S. 2810--B 4 1 1991, as amended. The department of transportation shall provide such 2 information to the municipalities as may be necessary to maintain the 3 federal tax exempt status of any bonds, notes, or other obligations 4 issued by such municipalities to provide for the non-federal share of 5 the cost of projects pursuant to chapter 330 of the laws of 1991 or 6 section 80-b of the highway law. 7 The program authorized pursuant to section 15 of chapter 329 of the 8 laws of 1991, as added by section 9 of chapter 330 of the laws of 1991, 9 as amended, shall additionally make payments for reimbursement according 10 to the following schedule: 11 State Fiscal Year Amount 12 2011-12 $39,700,000 13 (b) Three hundred four million three hundred thousand dollars 14 ($304,300,000) to counties, cities, towns and villages for reimbursement 15 of eligible costs of local highway and bridge projects pursuant to 16 sections 16 and 16-a of chapter 329 of the laws of 1991, as added by 17 section 9 of chapter 330 of the laws of 1991, as amended. For the 18 purposes of computing allocations to municipalities, the amount distrib- 19 uted pursuant to section 16 of chapter 329 of the laws of 1991 shall be 20 deemed to be $121,520,000. The amount distributed pursuant to section 21 16-a of chapter 329 of the laws of 1991 shall be deemed to be 22 $182,780,000. Notwithstanding the provisions of any general or special 23 law, the amounts deemed distributed in accordance with section 16 of 24 chapter 329 of the laws of 1991 shall be adjusted so that such amounts 25 will not be less than 83.807 percent of the "funding level" as defined 26 in subdivision 5 of section 10-c of the highway law for each such muni- 27 cipality. In order to achieve the objectives of section 16 of chapter 28 329 of the laws of 1991, to the extent necessary, the amounts in excess 29 of 83.807 percent of the funding level to be deemed distributed to each 30 municipality under this subdivision shall be reduced in equal propor- 31 tion. 32 (c) Fifty-eight million seven hundred ninety-seven thousand dollars 33 ($58,797,000) to municipalities for reimbursement of eligible costs of 34 local highway and bridge projects pursuant to sections 16 and 16-a of 35 chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of 36 the laws of 1991, as amended. For the purposes of computing allocations 37 to municipalities, the amount distributed pursuant to section 16 of 38 chapter 329 of the laws of 1991 shall be deemed to be $23,480,000. The 39 amount distributed pursuant to section 16-a of chapter 329 of the laws 40 of 1991 shall be deemed to be $35,317,000. Notwithstanding the 41 provisions of any general or special law, the amounts deemed distributed 42 in accordance with section 16 of chapter 329 of the laws of 1991 shall 43 be adjusted so that such amounts will not be less than 16.193 percent of 44 the "funding level" as defined in subdivision 5 of section 10-c of the 45 highway law for each such municipality. In order to achieve the objec- 46 tives of section 16 of chapter 329 of the laws of 1991, to the extent 47 necessary, the amounts in excess of 16.193 percent of the funding level 48 to be deemed distributed to each municipality under this subdivision 49 shall be reduced in equal proportion. To the extent that the total of 50 remaining payment allocations calculated herein varies from $58,797,000, 51 the payment amounts to each locality shall be adjusted by a uniform 52 percentage so that the total payments equal $58,797,000. 53 The program authorized pursuant to sections 16 and 16-a of chapter 329 54 of the laws of 1991, as added by section 9 of chapter 330 of the laws of 55 1991, as amended, shall additionally make payments for reimbursement 56 according to the following schedule: S. 2810--B 5 1 State Fiscal Year Amount 2 2011-12 $363,097,000 3 S 2. Section 16 of chapter 329 of the laws of 1991, amending the state 4 finance law and other laws relating to the establishment of the dedi- 5 cated highway and bridge trust fund, is amended by adding a new subdivi- 6 sion (f) to read as follows: 7 (F) FOR PURPOSES OF THIS SECTION AND SECTION 10-C OF THE HIGHWAY LAW, 8 FOR PROJECTS COMPLETED ON OR BEFORE MARCH 31, 2012 LOCAL HIGHWAY AND 9 BRIDGE PROJECTS MAY ALSO INCLUDE THE FOLLOWING WORK TYPES: (1) MICROSUR- 10 FACING, (2) PAVER PLACED SURFACE TREATMENT, (3) SINGLE COURSE SURFACE 11 TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE 12 SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, HOWEVER, NO 13 REIMBURSEMENT SHALL BE MADE FOR (1) MICROSURFACING, (2) PAVER PLACED 14 SURFACE TREATMENT, (3) SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP 15 SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV- 16 ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012. REIMBURSEMENT FOR 17 PROJECTS USING THESE TREATMENTS MAY BE MADE FROM THE PROCEEDS OF BONDS, 18 NOTES OR OTHER OBLIGATIONS ISSUED BY THE NEW YORK STATE THRUWAY AUTHORI- 19 TY PURSUANT TO SECTION 380 OF THE PUBLIC AUTHORITIES LAW OR OTHERWISE AS 20 DETERMINED BY THE DIRECTOR OF THE BUDGET. 21 S 3. Section 16-a of chapter 329 of the laws of 1991, amending the 22 state finance law and other laws relating to the establishment of the 23 dedicated highway and bridge trust fund, is amended by adding a new 24 subdivision (f) to read as follows: 25 (F) FOR PURPOSES OF THIS SECTION AND SECTION 10-C OF THE HIGHWAY LAW, 26 FOR PROJECTS COMPLETED ON OR BEFORE MARCH 31, 2012 LOCAL HIGHWAY AND 27 BRIDGE PROJECTS MAY ALSO INCLUDE THE FOLLOWING WORK TYPES: (1) MICROSUR- 28 FACING, (2) PAVER PLACED SURFACE TREATMENT, (3) SINGLE COURSE SURFACE 29 TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE 30 SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, HOWEVER, NO 31 REIMBURSEMENT SHALL BE MADE FOR (1) MICROSURFACING, (2) PAVER PLACED 32 SURFACE TREATMENT, (3) SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP 33 SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV- 34 ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012. REIMBURSEMENT FOR 35 PROJECTS USING THESE TREATMENTS MAY BE MADE FROM THE PROCEEDS OF BONDS, 36 NOTES OR OTHER OBLIGATIONS ISSUED BY THE NEW YORK STATE THRUWAY AUTHORI- 37 TY PURSUANT TO SECTION 380 OF THE PUBLIC AUTHORITIES LAW OR OTHERWISE AS 38 DETERMINED BY THE DIRECTOR OF THE BUDGET. 39 S 4. Subdivision (d) of section 11 of chapter 329 of the laws of 1991, 40 amending the state finance law and other laws relating to the establish- 41 ment of the dedicated highway and bridge trust fund, as amended by chap- 42 ter 432 of the laws of 1997, is amended to read as follows: 43 (d) Any such service contract (i) shall provide that the obligation of 44 the director of the budget or the state to fund or to pay the amounts 45 therein provided for shall not constitute a debt of the state within the 46 meaning of any constitutional or statutory provisions in the event the 47 thruway authority assigns or pledges service contract payments as secu- 48 rity for its bonds or notes, (ii) shall be deemed executory only to the 49 extent moneys are available and that no liability shall be incurred by 50 the state beyond the moneys available for the purpose, and that such 51 obligation is subject to annual appropriation by the legislature, and 52 (iii) shall provide that no funds shall be made available from the 53 proceeds of bonds or notes issued pursuant to this chapter unless the 54 commissioner of transportation has certified to the chairman of the 55 thruway authority that such funds shall be used exclusively for the 56 purposes authorized by subdivision (a) of this section, and/or S. 2810--B 6 1 construction, reconstruction or improvement of local highways, bridges 2 and/or highway-railroad crossings, including right of way acquisition, 3 preliminary engineering, and construction supervision and inspection, 4 where the service life of the project is at least ten years OR FOR 5 PROJECTS COMPLETED ON OR BEFORE MARCH 31, 2012 WHERE THE PROJECT IS: 6 (1) MICROSURFACING, (2) PAVER PLACED SURFACE TREATMENT, (3) SINGLE 7 COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE AND (4) 8 DOUBLE COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE, 9 and unless the director of the budget has certified to the chairman of 10 the thruway authority that a spending plan has been submitted by the 11 commissioner of transportation and has been approved by the director of 12 the budget. NO REIMBURSEMENT SHALL BE MADE FOR (1) MICROSURFACING, (2) 13 PAVER PLACED SURFACE TREATMENT, (3) SINGLE COURSE SURFACE TREATMENT 14 INVOLVING CHIP SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE 15 TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012. 16 S 5. Subdivision (b) of section 16 of chapter 329 of the laws of 1991, 17 amending the state finance law and other laws relating to the establish- 18 ment of the dedicated highway and bridge trust fund, as added by chapter 19 330 of the laws of 1991, is amended to read as follows: 20 (b) Each county, city, town and village shall certify to the commis- 21 sioner of transportation that amounts to be reimbursed are for 22 construction, reconstruction or improvement of local highways, bridges 23 and/or highway-railroad crossings, including right of way acquisition, 24 preliminary engineering, and construction supervision and inspection 25 where the service life of the project is at least ten years OR FOR 26 PROJECTS COMPLETED ON OR BEFORE MARCH 31, 2012 WHERE THE PROJECT IS: (1) 27 MICROSURFACING, (2) PAVER PLACED SURFACE TREATMENT, (3) SINGLE COURSE 28 SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE AND (4) DOUBLE 29 COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE. NO 30 REIMBURSEMENT SHALL BE MADE FOR (1) MICROSURFACING, (2) PAVER PLACED 31 SURFACE TREATMENT, (3) SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP 32 SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV- 33 ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012. Such certif- 34 ication shall include any such information as may be necessary to main- 35 tain the federal tax exempt status of bonds, notes or other obligations 36 issued by the New York state thruway authority pursuant to section 380 37 of the public authorities law. The commissioner of transportation shall 38 in writing request the municipalities to furnish such information as may 39 be necessary to comply with this section. 40 S 6. Subdivision (b) of section 16-a of chapter 329 of the laws of 41 1991, amending the state finance law and other laws relating to the 42 establishment of the dedicated highway and bridge trust fund, as added 43 by chapter 330 of the laws of 1991, is amended to read as follows: 44 (b) Each county, city, town and village shall certify to the commis- 45 sioner of transportation that amounts to be reimbursed are for 46 construction, reconstruction or improvement of local highways, bridges 47 and/or highway-railroad crossings, including right of way acquisition, 48 preliminary engineering, and construction supervision and inspection 49 where the service life of the project is at least ten years OR FOR 50 PROJECTS COMPLETED ON OR BEFORE MARCH 31, 2012 WHERE THE PROJECT IS: (1) 51 MICROSURFACING, (2) PAVER PLACED SURFACE TREATMENT, (3) SINGLE COURSE 52 SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE AND (4) DOUBLE 53 COURSE SURFACE TREATMENT INVOLVING CHIP SEALS AND OIL AND STONE. NO 54 REIMBURSEMENT SHALL BE MADE FOR (1) MICROSURFACING, (2) PAVER PLACED 55 SURFACE TREATMENT, (3) SINGLE COURSE SURFACE TREATMENT INVOLVING CHIP 56 SEALS AND OIL AND STONE, AND (4) DOUBLE COURSE SURFACE TREATMENT INVOLV- S. 2810--B 7 1 ING CHIP SEALS AND OIL AND STONE AFTER MARCH 31, 2012. Such certif- 2 ication shall include any such information as may be necessary to main- 3 tain the federal tax exempt status of bonds, notes or other obligations 4 issued by the New York state thruway authority pursuant to section 380 5 of the public authorities law. The commissioner shall in writing request 6 the municipalities to furnish such information as may be necessary to 7 comply with this section. 8 S 7. This act shall take effect immediately; provided, however, that 9 sections two, three, four, five and six of this act shall expire and be 10 deemed repealed on April 1, 2012. 11 PART B 12 Section 1. Section 2 of chapter 279 of the laws of 1998, amending the 13 transportation law relating to enabling the commissioner of transporta- 14 tion to establish a single audit pilot program, as amended by section 1 15 of part E of chapter 59 of the laws of 2010, is amended to read as 16 follows: 17 S 2. This act shall take effect on December 31, 1998, except that the 18 commissioner of transportation is immediately authorized to promulgate 19 rules and regulations necessary for the implementation of this act [and 20 shall expire December 31, 2011 when upon such date the provisions of 21 this act shall be deemed repealed]. 22 S 2. This act shall take effect immediately. 23 PART C 24 Section 1. Section 7 of chapter 312 of the laws of 1994, amending the 25 vehicle and traffic law relating to suspensions of licenses pending 26 prosecution of certain alcohol-related charges, and authorizations for 27 probationary and conditional drivers' licenses, as amended by section 1 28 of part C of chapter 59 of the laws of 2009, is amended to read as 29 follows: 30 S 7. This act shall take effect immediately; provided however that 31 sections three, four, five and six of this act shall take effect on the 32 first day of November next succeeding the date on which it shall have 33 become a law and shall apply to offenses committed on or after such 34 date; provided further, however, that the amendment to paragraph (c) of 35 subdivision 2 of section 1193 of the vehicle and traffic law made by 36 section two of this act shall take effect on the same date as such para- 37 graph takes effect pursuant to section 9 of chapter 533 of the laws of 38 1993, as amended[, provided, further, that the provisions of section 39 four of this act shall remain in full force and effect until October 1, 40 2011 when upon such date the provisions of such section shall be deemed 41 repealed and the provisions of law amended by such section shall revert 42 to and be read as if the provisions of such section had not been 43 enacted]. 44 S 2. This act shall take effect immediately, and shall be deemed to 45 have been in full force and effect on and after April 1, 2011. 46 PART D 47 Section 1. Section 9 of chapter 533 of the laws of 1993, amending the 48 vehicle and traffic law and the correction law relating to suspension 49 and revocation of driver's licenses upon conviction of certain drug-re- S. 2810--B 8 1 lated offenses, as amended by section 1 of part D of chapter 59 of the 2 laws of 2009, is amended to read as follows: 3 S 9. This act shall take effect September 30, 1993 and shall apply to 4 convictions based on offenses which occurred on or after such date [and 5 shall remain in full force and effect until October 1, 2011 when upon 6 such date the provisions of this act shall be deemed repealed and the 7 provisions of law amended by this act shall revert to and be read as if 8 the provisions of this act had not been enacted]. 9 S 2. This act shall take effect immediately and shall be deemed to 10 have been in full force and effect on and after April 1, 2011. 11 PART E 12 Section 1. Section 12 of chapter 569 of the laws of 1981, amending the 13 vehicle and traffic law relating to motor vehicle liability insurance, 14 financial security, criminal acts and penalties for non-compliance, as 15 amended by section 1 of part J of chapter 59 of the laws of 2009, is 16 amended to read as follows: 17 S 12. This act shall take effect on the first day of September, 1982 18 [and the amendments made to the provisions of the vehicle and traffic 19 law by sections one through nine of this act shall expire on June 30, 20 2011 and shall apply to the use and operation of motor vehicles during 21 such period. Upon such expiration date the provisions of such sections 22 of such law shall revert to and be read as set out in law on the date 23 immediately preceding the effective date of this act. The commissioner 24 shall widely publicize the provisions of this act and take all actions 25 necessary to prepare for its implementation prior to the effective 26 date]. 27 S 2. Section 15 of chapter 781 of the laws of 1983, amending the vehi- 28 cle and traffic law and other laws relating to motor vehicle liability 29 insurance, financial security, criminal acts and certain penalties for 30 non-compliance, as amended by section 2 of part J of chapter 59 of the 31 laws of 2009, is amended to read as follows: 32 S 15. This act shall take effect immediately except that sections ten 33 and eleven hereof shall NOT take effect [on June 30, 2011; the amend- 34 ments made to the provisions of the vehicle and traffic law and the 35 insurance law by sections one through seven of this act shall expire 36 June 30, 2011; upon such date the provisions of such sections of such 37 laws shall revert to and be read as set out in law on the date imme- 38 diately preceding the effective date of this act] AND ARE HEREBY 39 REPEALED. 40 S 3. This act shall take effect immediately. 41 PART F 42 Section 1. Item 1 of clause (A) of subparagraph ii of paragraph (i) of 43 subdivision 1 of section 201 of the vehicle and traffic law, as amended 44 by section 2 of part E of chapter 60 of the laws of 2005, is amended to 45 read as follows: 46 (1) fifty-five years where the conviction and suspension or revocation 47 order relates to a conviction, suspension or revocation by the holder OF 48 ANY DRIVER'S LICENSE WHEN OPERATING A COMMERCIAL MOTOR VEHICLE, AS 49 DEFINED IN SUBDIVISION FOUR OF SECTION FIVE HUNDRED ONE-A OF THIS CHAP- 50 TER, OR BY THE HOLDER of a commercial driver's license who, when operat- 51 ing any motor vehicle, has refused to submit to a chemical test pursuant 52 to section eleven hundred ninety-four of this chapter, or has been S. 2810--B 9 1 convicted of any of the following offenses while operating any motor 2 vehicle: any violation of subdivision two, three or four of section 3 eleven hundred ninety-two of this chapter, any violation of subdivision 4 one or two of section six hundred of this chapter, any felony involving 5 the use of a motor vehicle, other than the use of a motor vehicle in the 6 commission of a felony involving manufacturing, distributing, dispensing 7 a controlled substance; or the conviction, suspension or revocation 8 involves any of the following offenses while operating a commercial 9 motor vehicle: any violation of subdivision five or six of section elev- 10 en hundred ninety-two of this chapter, driving a commercial motor vehi- 11 cle when as a result of prior violations committed while operating a 12 commercial motor vehicle, the driver's commercial driver's license is 13 suspended or revoked, or has been convicted of causing a fatality 14 through the negligent operation of a commercial motor vehicle, including 15 but not limited to the crimes of vehicular manslaughter and criminally 16 negligent homicide as set forth in article one hundred twenty-five of 17 the penal law; 18 S 2. Subdivision 1 of section 502 of the vehicle and traffic law, as 19 amended by chapter 639 of the laws of 2006, is amended to read as 20 follows: 21 1. Application for license. Application for a driver's license shall 22 be made to the commissioner. The fee prescribed by law may be submitted 23 with such application. The applicant shall furnish such proof of identi- 24 ty, age, and fitness as may be required by the commissioner. The commis- 25 sioner may also provide that the application procedure shall include the 26 taking of a photo image or images of the applicant in accordance with 27 rules and regulations prescribed by the commissioner. In addition, the 28 commissioner also shall require that the applicant provide his or her 29 social security number and provide space on the application so that the 30 applicant may register in the New York state organ and tissue donor 31 registry under section forty-three hundred ten of the public health law. 32 In addition, an applicant for a commercial driver's license who will 33 operate a commercial motor vehicle in interstate commerce shall certify 34 that such applicant meets the requirements to operate a commercial motor 35 vehicle, as set forth in public law 99-570, title XII, and title 49 of 36 the code of federal regulations, and all regulations promulgated by the 37 United States secretary of transportation under the hazardous materials 38 transportation act. IN ADDITION, AN APPLICANT FOR A COMMERCIAL DRIVER'S 39 LICENSE SHALL SUBMIT MEDICAL CERTIFICATION AT SUCH INTERVALS AS REQUIRED 40 BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND REGU- 41 LATIONS ADOPTED PURSUANT THERETO RELATING TO MEDICAL CERTIFICATION AND 42 IN A MANNER PRESCRIBED BY THE COMMISSIONER. Upon a determination that 43 the holder of a commercial driver's license has made any false state- 44 ment, with respect to the application for such license, the commissioner 45 shall revoke such license. 46 S 3. Paragraph (b) of subdivision 1 of section 503 of the vehicle and 47 traffic law, as amended by chapter 435 of the laws of 1997, is amended 48 to read as follows: 49 (b) An application for a license shall be valid for a period of time 50 specified by regulation of the commissioner not to exceed five years. A 51 learner's permit shall be valid from its issuance until the expiration 52 of the application for a driver's license for which it was issued. 53 PROVIDED, HOWEVER, THAT IF THE MEDICAL CERTIFICATION SUBMITTED IN 54 ACCORDANCE WITH THE REQUIREMENTS OF THE FEDERAL MOTOR CARRIER SAFETY 55 IMPROVEMENT ACT OF 1999 AND REGULATIONS ADOPTED PURSUANT THERETO RELAT- 56 ING TO MEDICAL CERTIFICATION BY AN APPLICANT FOR A COMMERCIAL DRIVER'S S. 2810--B 10 1 LICENSE EXPIRES, ANY LEARNER'S PERMIT THAT MAY HAVE BEEN ISSUED BY THE 2 COMMISSIONER IN CONNECTION WITH THE APPLICATION SHALL BE SUSPENDED. 3 S 4. Subdivision 1 of section 510-a of the vehicle and traffic law, as 4 amended by section 13 of part E of chapter 60 of the laws of 2005, is 5 amended to read as follows: 6 1. Revocation. A commercial driver's license shall be revoked by the 7 commissioner whenever the holder is convicted within or outside of this 8 state (a) of a felony involving the use of a motor vehicle except a 9 felony as described in paragraph (b) of this subdivision; (b) of a felo- 10 ny involving manufacturing, distributing or dispensing a drug as defined 11 in section one hundred fourteen-a of this chapter or possession of any 12 such drug with intent to manufacture, distribute or dispense such drug 13 in which a motor vehicle was used; (c) of a violation of subdivision one 14 or two of section six hundred of this chapter; (d) of operating a 15 commercial motor vehicle when, as a result of prior violations committed 16 while operating a commercial motor vehicle, the driver's commercial 17 driver's license is revoked, suspended, or canceled, or the driver is 18 disqualified from operating a commercial motor vehicle; (e) [or] has 19 been convicted of causing a fatality through the negligent operation of 20 a commercial motor vehicle, including but not limited to the crimes of 21 vehicular manslaughter or criminally negligent homicide; OR (F) THE 22 COMMISSIONER DETERMINES THAT THE HOLDER FALSIFIED INFORMATION: (I) 23 REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND 24 REGULATIONS ADOPTED PURSUANT THERETO RELATING TO COMMERCIAL DRIVER'S 25 LICENSE DOCUMENT IN AN APPLICATION FOR A COMMERCIAL DRIVER'S LICENSE; 26 (II) REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 27 1999 AND REGULATIONS ADOPTED PURSUANT THERETO RELATING TO INITIAL 28 COMMERCIAL DRIVER'S LICENSE OR EXISTING COMMERCIAL DRIVER'S LICENSE 29 HOLDER'S SELF-CERTIFICATION IN ANY OF THE SELF-CERTIFICATIONS REGARDING 30 THE TYPE OF DRIVING ENGAGED OR TO BE ENGAGED IN BY THE HOLDER OR REGARD- 31 ING THE NON-APPLICABILITY OF THE PHYSICAL QUALIFICATION REQUIREMENTS OF 32 THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND REGULATIONS 33 ADOPTED PURSUANT THERETO RELATING TO QUALIFICATIONS OF DRIVERS TO THE 34 HOLDER; OR (III) REQUIRED BY THE FEDERAL MOTOR CARRIER SAFETY IMPROVE- 35 MENT ACT OF 1999 AND REGULATIONS ADOPTED PURSUANT THERETO RELATING TO 36 COMMERCIAL DRIVER'S LICENSE REQUIREMENTS IN ANY MEDICAL CERTIFICATION. 37 FOR PURPOSES OF PARAGRAPH (F) OF THIS SUBDIVISION THE TERM FALSIFY 38 SHALL INCLUDE ADDING OR INSERTING FALSE INFORMATION ON A WRITTEN INSTRU- 39 MENT, FALSELY MAKING, COMPLETING, OR ALTERING A WRITTEN INSTRUMENT, AND 40 CAUSING A FALSE WRITTEN INSTRUMENT OR A WRITTEN INSTRUMENT CONTAINING 41 FALSE INFORMATION TO BE MADE. 42 S 5. Paragraph (a) of subdivision 2 of section 510-a of the vehicle 43 and traffic law, as amended by section 6 of part K of chapter 59 of the 44 laws of 2009, is amended to read as follows: 45 (a) Except as otherwise provided in paragraph (b) of this subdivision, 46 where revocation of a commercial driver's license is mandatory pursuant 47 to paragraph (a), (c), (d) [or], (e) OR (F) of subdivision one of this 48 section no new commercial driver's license shall be issued for at least 49 one year nor thereafter except in the discretion of the commissioner, 50 except that FOR REVOCATIONS PURSUANT TO PARAGRAPH (A), (C), (D) OR (E) 51 OF SUBDIVISION ONE OF THIS SECTION, if such person has previously been 52 found to have refused a chemical test pursuant to section eleven hundred 53 ninety-four of this chapter or has a prior conviction of any of the 54 following offenses: any violation of section eleven hundred ninety-two 55 of this chapter, any violation of subdivision one or two of section six 56 hundred of this chapter, or any felony involving the use of a motor S. 2810--B 11 1 vehicle pursuant to paragraph (a) of subdivision one of this section, or 2 has been convicted of operating a commercial motor vehicle when, as a 3 result of prior violations committed while operating a commercial motor 4 vehicle, the driver's commercial driver's license is revoked, suspended, 5 or canceled, or the driver is disqualified from operating a commercial 6 motor vehicle, or has been convicted of causing a fatality through the 7 negligent operation of a commercial motor vehicle, including but not 8 limited to the crimes of vehicular manslaughter or criminally negligent 9 homicide, then such commercial driver's license revocation shall be 10 permanent. 11 S 6. Subdivision 3 of section 510-a of the vehicle and traffic law is 12 amended by adding a new paragraph (f) to read as follows: 13 (F) A COMMERCIAL DRIVER'S LICENSE SHALL BE SUSPENDED BY THE COMMIS- 14 SIONER UPON THE HOLDER'S FAILURE TO SUBMIT MEDICAL CERTIFICATION OR 15 MEDICAL VARIANCE DOCUMENTATION, AT SUCH INTERVALS AS ARE REQUIRED BY THE 16 FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND REGULATIONS 17 ADOPTED PURSUANT THERETO RELATING TO COMMERCIAL DRIVER'S LICENSE 18 REQUIREMENTS AND IN A MANNER PRESCRIBED BY THE COMMISSIONER. A COMMER- 19 CIAL DRIVER'S LICENSE SHALL ALSO BE SUSPENDED BY THE COMMISSIONER UPON 20 RECEIPT OF INFORMATION FROM THE ISSUING MEDICAL EXAMINER OR THE FEDERAL 21 MOTOR CARRIER SAFETY ADMINISTRATION THAT A MEDICAL CERTIFICATION OR 22 MEDICAL VARIANCE WAS ISSUED IN ERROR. SUCH SUSPENSION SHALL BE TERMI- 23 NATED UPON: (I) THE HOLDER'S SUBMISSION OF THE REQUIRED VALID MEDICAL 24 EXAMINER'S CERTIFICATE OR MEDICAL VARIANCE DOCUMENTATION; (II) THE HOLD- 25 ER'S SELF-CERTIFICATION SPECIFYING THE TYPE OF COMMERCIAL MOTOR VEHICLE 26 OPERATION HE OR SHE ENGAGES IN, OR EXPECTS TO ENGAGE IN, AND THAT THE 27 HOLDER IS NOT SUBJECT TO THE PHYSICAL QUALIFICATION REQUIREMENTS OF THE 28 FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT OF 1999 AND REGULATIONS 29 ADOPTED PURSUANT THERETO RELATING TO DISQUALIFICATION OF DRIVERS; (III) 30 THE HOLDER'S SURRENDER OF HIS OR HER COMMERCIAL DRIVER'S LICENSE TO THE 31 DEPARTMENT OR TO THE APPROPRIATE LICENSING AUTHORITY OF ANOTHER JURIS- 32 DICTION; OR (IV) THE HOLDER'S DOWNGRADE OF HIS OR HER COMMERCIAL DRIV- 33 ER'S LICENSE TO A NON-COMMERCIAL DRIVER'S LICENSE. 34 S 7. Subdivision 1 of section 514 of the vehicle and traffic law is 35 amended by adding a new paragraph (d) to read as follows: 36 (D) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A), (B) AND (C) OF 37 THIS SUBDIVISION, UPON A JUDGMENT OF CONVICTION FOR A VIOLATION OF ANY 38 PROVISIONS OF THIS CHAPTER OR OF ANY LOCAL LAW, RULE, ORDINANCE OR REGU- 39 LATION RELATING TO TRAFFIC, THE COURT OR THE CLERK THEREOF SHALL, WITHIN 40 NINETY-SIX HOURS OF THE IMPOSITION OF THE SENTENCE, FILE THE CERTIFICATE 41 REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION, IF THE PERSON CONVICTED: 42 (I) IS THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE ISSUED BY ANOTHER 43 STATE; OR (II) DOES NOT HOLD A COMMERCIAL DRIVER'S LICENSE, BUT HAS BEEN 44 ISSUED A LICENSE BY ANOTHER STATE AND IS CONVICTED OF A VIOLATION THAT 45 WAS COMMITTED IN A COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SUBDIVISION 46 FOUR OF SECTION FIVE HUNDRED ONE-A OF THIS TITLE. 47 S 8. Section 170.55 of the criminal procedure law is amended by adding 48 a new subdivision 9 to read as follows: 49 9. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A COURT MAY 50 NOT ISSUE AN ORDER ADJOURNING AN ACTION IN CONTEMPLATION OF DISMISSAL IF 51 THE OFFENSE IS FOR A VIOLATION OF THE VEHICLE AND TRAFFIC LAW RELATED TO 52 THE OPERATION OF A MOTOR VEHICLE, OR A VIOLATION OF A LOCAL LAW, RULE OR 53 ORDINANCE RELATED TO THE OPERATION OF A MOTOR VEHICLE, IF SUCH OFFENSE 54 WAS COMMITTED BY THE HOLDER OF A COMMERCIAL DRIVER'S LICENSE OR WAS 55 COMMITTED IN A COMMERCIAL MOTOR VEHICLE, AS DEFINED IN SUBDIVISION FOUR 56 OF SECTION FIVE HUNDRED ONE-A OF THE VEHICLE AND TRAFFIC LAW. S. 2810--B 12 1 S 9. This act shall take effect on the sixtieth day after it shall 2 have become a law; provided, however, that sections two, three, four, 3 five and six of this act shall take effect January 30, 2012, provided, 4 however, that the addition, amendment and/or repeal of any rule or regu- 5 lation necessary for the implementation of this act on its effective 6 date are authorized and directed to be made and completed on or before 7 such effective date. 8 PART G 9 Section 1. Section 2 of chapter 393 of the laws of 1994, amending the 10 New York state urban development corporation act relating to the powers 11 of the New York state urban development corporation to make loans, as 12 amended by section 1 of part P of chapter 59 of the laws of 2010, is 13 amended to read as follows: 14 S 2. This act shall take effect immediately provided, however, that 15 section one of this act shall expire on July 1, [2011] 2012, at which 16 time the provisions of subdivision 26 of section 5 of the New York state 17 urban development corporation act shall be deemed repealed; provided, 18 however, that neither the expiration nor the repeal of such subdivision 19 as provided for herein shall be deemed to affect or impair in any manner 20 any loan made pursuant to the authority of such subdivision prior to 21 such expiration and repeal. 22 S 2. This act shall take effect immediately and shall be deemed to 23 have been in full force and effect on and after April 1, 2011. 24 PART H 25 Section 1. Section 217 of the state finance law, as amended by chapter 26 291 of the laws of 2004, is amended to read as follows: 27 S 217. Linked loans. Linked loans shall be made by lenders pursuant to 28 the program only to eligible businesses in connection with eligible 29 projects. A linked loan shall be limited to a maximum amount of [one] 30 TWO million dollars. An eligible business may receive more than one 31 linked loan. During the life of the linked loan program, the total 32 amount of money that a business can borrow from the linked program is 33 [one] TWO million dollars. The credit decision for making a linked loan 34 shall be made solely by the lender. Notwithstanding the length of the 35 term of a linked loan, the linked deposit relating to the linked loan 36 shall be for a period of not more than four years. 37 S 2. The state finance law is amended by adding a new section 220 to 38 read as follows: 39 S 220. RENEWAL OF LINKED DEPOSIT. A LENDER MAY, ON BEHALF OF A BORROW- 40 ER, APPLY TO THE COMMISSIONER OF ECONOMIC DEVELOPMENT TO REQUEST A 41 RENEWAL OF THE LINKED DEPOSIT FOR AN ADDITIONAL FOUR YEAR PERIOD TO 42 CORRESPOND WITH A SECOND FOUR YEAR PERIOD OF A BORROWER'S LINKED LOAN. 43 THE COMMISSIONER MAY GRANT SUCH APPLICATION IF THE COMMISSIONER DETER- 44 MINES THAT THE BORROWER, DURING THE SECOND FOUR YEAR PERIOD OF THE 45 LINKED LOAN, WILL CREATE ADDITIONAL INDUSTRIAL MODERNIZATION BENEFITS OR 46 ADDITIONAL EXPORT TRADE BENEFITS OR ADDITIONAL JOBS. IF THE COMMISSIONER 47 OF ECONOMIC DEVELOPMENT GRANTS SUCH APPLICATION, THE COMMISSIONER SHALL 48 NOTIFY THE AUTHORIZED DEPOSITOR WHO MADE THE LINKED DEPOSIT THAT THE 49 COMMISSIONER HAS DETERMINED THAT THE APPLICATION SATISFIES THE REQUIRE- 50 MENTS OF THIS ARTICLE AND SHALL REQUEST THE AUTHORIZED DEPOSITOR TO 51 CONTINUE THE LINKED DEPOSIT WITH THE LENDER FOR AN ADDITIONAL FOUR YEAR 52 PERIOD IN ACCORDANCE WITH SECTION NINETY-EIGHT-A OF THIS CHAPTER AND S. 2810--B 13 1 WITH THE AUTHORIZED DEPOSITOR'S ESTABLISHED PROCEDURES. SUCH LINKED 2 DEPOSIT SHALL CONTINUE TO BE SECURED IN ACCORDANCE WITH THE PROVISIONS 3 OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER. THE FIXED INTEREST RATE ON 4 THE CONTINUED LINKED DEPOSIT SHALL BE THE LINKED DEPOSIT INTEREST RATE 5 IN EFFECT ON THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT. 6 THE AUTHORIZED DEPOSITOR AND THE LENDER SHALL ENTER INTO A WRITTEN 7 DEPOSIT AGREEMENT GOVERNING THE CONTINUATION OF THE LINKED DEPOSIT. THE 8 INTEREST RATE PAYABLE ON THE LINKED LOAN FOR THE SECOND FOUR YEAR PERIOD 9 SHALL BE, IN THE CASE OF A CERTIFIED BUSINESS IN AN ECONOMIC DEVELOPMENT 10 ZONE OR AN ELIGIBLE BUSINESS LOCATED IN AN ECONOMICALLY DISTRESSED AREA 11 OR FEDERAL EMPOWERMENT ZONE OR ENTERPRISE OR RENEWAL COMMUNITY OR A 12 MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE, THREE PERCENTAGE POINTS 13 BELOW THE INTEREST RATE THE LENDER WOULD HAVE CHARGED FOR THE LOAN IN 14 EFFECT ON THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT; OR IN 15 THE CASE OF A BUSINESS NOT LOCATED IN AN ECONOMIC DEVELOPMENT ZONE OR 16 ECONOMICALLY DISTRESSED AREA OR FEDERAL EMPOWERMENT ZONE OR ENTERPRISE 17 OR RENEWAL COMMUNITY OR WHICH IS NOT A MINORITY OR WOMEN-OWNED BUSINESS 18 ENTERPRISE, TWO PERCENTAGE POINTS BELOW THE INTEREST RATE THE LENDER 19 WOULD HAVE CHARGED FOR THE LOAN IN THE ABSENCE OF A LINKED DEPOSIT IN 20 EFFECT ON THE FIRST DAY OF THE CONTINUATION OF THE LINKED DEPOSIT. 21 S 3. This act shall take effect immediately. 22 PART I 23 Section 1. Paragraph (a) of subdivision 1 of section 1 of part U of 24 chapter 57 of the laws of 2005 amending the labor law and other laws 25 implementing the state fiscal plan for the 2005-2006 state fiscal year, 26 relating to the New York state higher education capital matching grant 27 program for independent colleges, as amended by part M of chapter 59 of 28 the laws of 2010, is amended to read as follows: 29 (a) The New York state higher education capital matching grant board 30 is hereby created to have and exercise the powers, duties and preroga- 31 tives provided by the provisions of this section and any other provision 32 of law. The board shall remain in existence during the period of the New 33 York state higher education capital matching grant program from the 34 effective date of this section through March 31, [2011] 2012, or the 35 date on which the last of the funds available for grants under this 36 section shall have been disbursed, whichever is earlier; provided, 37 however, that the termination of the existence of the board shall not 38 [effect] AFFECT the power and authority of the dormitory authority to 39 perform its obligations with respect to any bonds, notes, or other 40 indebtedness issued or incurred pursuant to authority granted in this 41 section. 42 S 2. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of 43 section 1 of part U of chapter 57 of the laws of 2005 amending the labor 44 law and other laws implementing the state fiscal plan for the 2005-2006 45 state fiscal year, relating to New York state higher education matching 46 grant program for independent colleges, as amended by section 3 of part 47 M of chapter 59 of the laws of 2010, is amended to read as follows: 48 (A) Notwithstanding the provision of any general or special law to the 49 contrary, and subject to the provisions of chapter 59 of the laws of 50 2000 and to the making of annual appropriations therefor by the legisla- 51 ture, in order to assist the dormitory authority in providing such high- 52 er education capital matching grants, the director of the budget is 53 authorized in any state fiscal year commencing April 1, 2005 or any 54 state fiscal year thereafter for a period ending on March 31, [2011] S. 2810--B 14 1 2012, to enter into one or more service contracts, none of which shall 2 exceed 30 years in duration, with the dormitory authority, upon such 3 terms as the director of the budget and the dormitory authority agree. 4 S 3. Paragraph (b) of subdivision 7 of section 1 of part U of chapter 5 57 of the laws of 2005 amending the labor law and other laws implement- 6 ing the state fiscal plan for the 2005-2006 state fiscal year, relating 7 to New York state higher education matching grant program for independ- 8 ent colleges, as amended by section 4 of part M of chapter 59 of the 9 laws of 2010, is amended to read as follows: 10 (b) Any eligible institution receiving a grant pursuant to this arti- 11 cle shall report to the dormitory authority no later than June 1, [2011] 12 2012, on the use of funding received and its programmatic and economic 13 impact. The dormitory authority shall submit a report no later than 14 November 1, [2011] 2012 to the board, the governor, the director of the 15 budget, the temporary president of the senate, and the speaker of the 16 assembly on the aggregate impact of the higher education capital match- 17 ing grant program. Such report shall provide information on the progress 18 and economic impact of such project. 19 S 4. This act shall take effect immediately and shall be deemed to 20 have been in full force and effect on and after April 1, 2011. 21 PART J 22 Section 1. Paragraph (b) of subdivision 2 of section 2975 of the 23 public authorities law, as amended by section 1 of part O of chapter 59 24 of the laws of 2008, is amended to read as follows: 25 (b) On or before November first, two thousand three and on or before 26 November first of each year thereafter, the director of the budget shall 27 determine the amount owed under this section by each public benefit 28 corporation. The director of the budget may reduce, in whole or part, 29 the amount of such assessment if the payment thereof would necessitate a 30 state appropriation for the purpose, or would otherwise impose an 31 extraordinary hardship upon the affected public benefit corporation. The 32 aggregate amount assessed under this section in any given state fiscal 33 year may not exceed [fifty-five million dollars] SIXTY MILLION DOLLARS. 34 S 2. Section 2975-a of the public authorities law is REPEALED. 35 S 3. Notwithstanding any other provision of law, liabilities incurred 36 on or before March 31, 2011 pursuant to section 2975-a of the public 37 authorities law as repealed by section two of this act, shall continue 38 as legal liabilities of industrial development agencies or authorities 39 created pursuant to title one of article eighteen-A of the general 40 municipal law or any other provision of law. 41 S 4. This act shall take effect immediately. 42 PART K 43 Section 1. Section 159-i of the executive law, as amended by section 1 44 of part Y of chapter 59 of the laws of 2010, is amended to read as 45 follows: 46 S 159-i. Distribution of funds. [For federal fiscal year two thousand 47 eleven at] AT least ninety percent of the community services block grant 48 funds received by the state shall be distributed pursuant to a contract 49 by the secretary to eligible entities as defined in subdivision one of 50 section one hundred fifty-nine-e of this article. Each such eligible 51 entity shall receive the same proportion of community services block 52 grant funds as was the proportion of funds received in the immediately S. 2810--B 15 1 preceding federal fiscal year under the federal community services block 2 grant program as compared to the total amount received by all eligible 3 entities in the state, under the federal community services block grant 4 program. 5 [For federal fiscal year two thousand eleven the] THE secretary shall, 6 pursuant to section one hundred fifty-nine-h of this article, retain not 7 more than five percent of the community services block grant funds for 8 administration at the state level. 9 [For federal fiscal year two thousand eleven the] THE remainder of the 10 community services block grant funds received by the state shall be 11 distributed pursuant to a contract by the secretary in the following 12 order of preference: a sum of up to one-half of one percent of the 13 community services block grant funds received by the state to Indian 14 tribes and tribal organizations as defined in this article, on the basis 15 of need; and to community based organizations. Such remainder funds 16 received by eligible entities will not be included in determining the 17 proportion of funds received by any such entity in the immediately 18 preceding federal fiscal year under the federal community services block 19 grant program. 20 S 2. Section 5 of chapter 728 of the laws of 1982, amending the execu- 21 tive law relating to community services block grant programs, as amended 22 by section 2 of part Y of chapter 59 of the laws of 2010, is amended to 23 read as follows: 24 S 5. This act shall take effect immediately provided, however, that 25 section four hereof shall take effect October 1, 1982 and provided 26 further, however, that the provisions of sections two, three and four of 27 this act shall be in full force and effect only until September 30, 1983 28 [and section one of this act shall be in full force and effect until 29 September 30, 2011, provided, however, that the distribution of funds 30 pursuant to section 159-i of the executive law shall be limited to the 31 federal fiscal year expressly set forth in such section]. 32 S 3. Section 7 of chapter 710 of the laws of 1983, amending the execu- 33 tive law relating to community services block grant programs, as amended 34 by section 3 of part Y of chapter 59 of the laws of 2010, is amended to 35 read as follows: 36 S 7. This act shall take effect September 30, 1983 [and shall be in 37 full force and effect only until September 30, 2011 at which time the 38 amendments and additions made pursuant to the provisions of this act 39 shall be deemed to be repealed, provided, however, that the distribution 40 of funds pursuant to section 159-i of the executive law shall be limited 41 to the federal fiscal year expressly set forth in such section]. 42 S 4. This act shall take effect immediately. 43 PART L 44 Section 1. Section 2 of chapter 21 of the laws of 2003, amending the 45 executive law relating to permitting the secretary of state to provide 46 special handling for all documents filed or issued by the division of 47 corporations and to permit additional levels of such expedited service, 48 as amended by section 1 of part B of chapter 19 of the laws of 2010, is 49 amended to read as follows: 50 S 2. This act shall take effect immediately[, provided however, that 51 section one of this act shall be deemed to have been in full force and 52 effect on and after April 1, 2003 and shall expire March 31, 2011]. 53 S 2. This act shall take effect immediately and shall be deemed to 54 have been in full force and effect on and after March 31, 2011. S. 2810--B 16 1 PART M 2 Intentionally omitted. 3 PART N 4 Intentionally omitted. 5 PART O 6 Section 1. Subdivision 3 of section 164-d of the executive law, as 7 added by chapter 65 of the laws of 2005, is amended to read as follows: 8 3. The office for technology[, in consultation with the governor's 9 office of regulatory reform,] shall promulgate rules and regulations to 10 implement the provisions of this section. Such rules shall at least 11 provide for the prioritization and timing for making application forms 12 available on the internet. 13 S 2. Subdivision 46 of section 100 of the economic development law, as 14 added by chapter 427 of the laws of 2008, is amended to read as follows: 15 46. to prepare[, in cooperation with the governor's office of regula- 16 tory reform,] an annual summary for the small business community of the 17 key legislative, budgetary and regulatory changes impacting small busi- 18 nesses. Agencies shall cooperate with the department [and the governor's 19 office of regulatory reform] in developing the annual summary. The 20 annual summary shall be written in plain language and shall provide 21 specific contact information within the appropriate agency for inquiries 22 regarding implementation and compliance. The annual summary shall be 23 posted on the department website on or before September first of each 24 year. 25 S 3. Section 102-a of the state administrative procedure act, as added 26 by chapter 419 of the laws of 2007, is amended to read as follows: 27 S 102-a. Small business regulation guides. For each rule or group of 28 related rules which significantly impact a substantial number of small 29 businesses, the agency which adopted the rule shall post on its website 30 one or more guides explaining the actions a small business may take to 31 comply with such rule or group of rules if the agency determines[, in 32 conjunction with the governor's office of regulatory reform,] that such 33 guide or guides will assist small businesses in complying with the rule, 34 and shall designate each such posting as a "small business regulation 35 guide". The guide shall explain the actions a small business may take to 36 comply with a rule or group of rules. The agency shall, in its sole 37 discretion, taking into account the subject matter of the rule and the 38 language of relevant statutes, ensure that the guide is written using 39 sufficiently plain language that it is likely to be understood by 40 affected small businesses. Agencies shall cooperate with [the governor's 41 office of regulatory reform and] other state agencies in developing such 42 guides. [The governor's office of regulatory reform shall oversee and 43 coordinate the preparation of such small business regulation guides by 44 agencies.] 45 S 4. Subparagraph (iii) of paragraph (b) of subdivision 9 of section 46 202 of the state administrative procedure act, as added by chapter 230 47 of the laws of 2006, is amended to read as follows: 48 (iii) The secretary of state shall provide that the direct link 49 between the electronic copy of the state register and the electronic 50 mail address provided by an agency [shall also deliver to the governor's 51 office of regulatory reform a copy of all comments submitted]. S. 2810--B 17 1 S 5. Subdivision 8 of section 202-b of the state administrative proce- 2 dure act is REPEALED. 3 S 6. Paragraph (d) of subdivision 1 of section 202-d of the state 4 administrative procedure act, as added by chapter 193 of the laws of 5 2008, is amended to read as follows: 6 (d) An agency shall identify each rule described in its regulatory 7 agenda for which a regulatory flexibility analysis or a rural area flex- 8 ibility analysis may be required, and shall provide outreach as appro- 9 priate to potentially affected small businesses, local governments and 10 public and private interests in rural areas. Such outreach may include 11 solicitation of input from potentially affected parties through elec- 12 tronic means or through any of the activities listed in subdivision six 13 of section two hundred two-b and subdivision seven of section two 14 hundred two-bb of this article. [In addition, the agency shall provide a 15 copy of the description of each rule subject to the provisions of this 16 paragraph to the governor's office of regulatory reform, which may in 17 its discretion include the description and additional information on the 18 rule in the quarterly report issued pursuant to subdivision eight of 19 section two hundred two-b of this article.] 20 S 6-a. Every director, counsel, or other staff position established 21 pursuant to the creation, continued management or function of the gover- 22 nor's office of regulatory reform shall be abolished. All aforementioned 23 positions shall not be transferred, reassigned or otherwise moved to the 24 New York state division of the budget or any other administrative unit 25 of state government, including, but not limited to, any agency, board, 26 bureau, commission, department, division, institution, office, state 27 public authority, state task force, or other body. 28 S 7. This act shall take effect immediately; provided, that the amend- 29 ment to paragraph (d) of subdivision 1 of section 202-d of the state 30 administrative procedure act made by section six of this act shall not 31 affect the expiration of such paragraph and shall be deemed to expire 32 therewith. 33 PART P 34 Section 1. Notwithstanding any law to the contrary, the comptroller is 35 hereby authorized and directed to receive for deposit to the credit of 36 the general fund the amount of up to $913,000 from the New York state 37 energy research and development authority. 38 S 2. This act shall take effect immediately and shall be deemed to 39 have been in full force and effect on and after April 1, 2011. 40 PART Q 41 Section 1. Expenditures of moneys appropriated in a chapter of the 42 laws of 2011 to the energy research and development authority, under the 43 research, development and demonstration program, from the special reven- 44 ue funds - other/state operations, miscellaneous special revenue fund - 45 339, energy research and planning account, and special revenue funds - 46 other/aid to localities, miscellaneous special revenue fund - 339, ener- 47 gy research and planning account shall be subject to the provisions of 48 this section. Notwithstanding the provisions of subdivision 4-a of 49 section 18-a of the public service law, all moneys committed or expended 50 shall be reimbursed by assessment against gas corporations and electric 51 corporations as defined in section 2 of the public service law, and the 52 total amount which may be charged to any gas corporation and any elec- S. 2810--B 18 1 tric corporation shall not exceed one cent per one thousand cubic feet 2 of gas sold and .010 cent per kilowatt-hour of electricity sold by such 3 corporations in their intrastate utility operations in calendar year 4 2009. Such amounts shall be excluded from the general assessment 5 provisions of subdivision 2 of section 18-a of the public service law, 6 but shall be billed and paid in the manner set forth in such subdivision 7 and upon receipt shall be paid to the state comptroller for deposit in 8 the state treasury for credit to the miscellaneous special revenue fund. 9 The director of the budget shall not issue a certificate of approval 10 with respect to the commitment and expenditure of moneys hereby appro- 11 priated until the chair of such authority shall have submitted, and the 12 director of the budget shall have approved, a comprehensive financial 13 plan encompassing all moneys available to and all anticipated commit- 14 ments and expenditures by such authority from any source for the oper- 15 ations of such authority. Copies of the approved comprehensive financial 16 plan shall be immediately submitted by the director of the budget to the 17 chairs and secretaries of the legislative fiscal committees. 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, 2011. 20 PART R 21 Section 1. Notwithstanding any other law, rule or regulation to the 22 contrary, expenses of the department of health public service education 23 program incurred pursuant to appropriations from the cable television 24 account of the state miscellaneous special revenue funds shall be deemed 25 expenses of the department of public service. 26 S 2. This act shall take effect immediately and shall be deemed to 27 have been in full force and effect on and after April 1, 2011. 28 PART S 29 Section 1. Section 9 of chapter 67 of the laws of 1992, amending the 30 environmental conservation law relating to pesticide product registra- 31 tion timetables and fees, as amended by section 1 of part FF of chapter 32 59 of the laws of 2008, is amended to read as follows: 33 S 9. This act shall take effect April 1, 1992 provided, however, that 34 section [3] THREE of this act shall take effect July 1, 1993 and shall 35 expire and be deemed repealed on July 1, [2011] 2014. 36 S 2. Section 33-0705 of the environmental conservation law, as 37 amended by section 2 of part FF of chapter 59 of the laws of 2008, 38 subdivisions a and b as amended by section 5 of part YY of chapter 59 of 39 the laws of 2009, is amended to read as follows: 40 S 33-0705. Fee for registration. 41 The applicant for registration shall pay a fee as follows: 42 a. On or before July 1, [2011] 2014, six hundred dollars for each 43 pesticide proposed to be registered, provided that the applicant has 44 submitted to the department proof in the form of a federal income tax 45 return for the previous year showing gross annual sales, for federal 46 income tax purposes, of three million five hundred thousand dollars or 47 less; 48 b. On or before July 1, [2011] 2014, for all others, six hundred twen- 49 ty dollars for each pesticide proposed to be registered; 50 c. After July 1, [2011] 2014, fifty dollars for each pesticide 51 proposed to be registered. S. 2810--B 19 1 S 3. This act shall take effect immediately and shall be deemed to 2 have been in full force and effect on and after April 1, 2011. 3 PART T 4 Intentionally omitted. 5 PART U 6 Section 1. Subparagraph (i) of paragraph c of subdivision 3 of section 7 16-s of section 1 of chapter 174 of the laws of 1968, constituting the 8 urban development corporation act, as amended by section 1 of part XX of 9 chapter 59 of the laws of 2009, is amended to read as follows: 10 (i) An eligible food market applicant may be a for-profit business 11 enterprise (including a corporation, limited liability company, sole 12 proprietor, cooperative or partnership), [a nonprofit organization] 13 NOT-FOR-PROFIT CORPORATION, AGRICULTURAL COOPERATIVE CORPORATION, PUBLIC 14 BENEFIT CORPORATION, MUNICIPAL CORPORATION, REGIONAL MARKET FACILITY, or 15 a food cooperative. 16 S 2. Section 16 of the agriculture and markets law is amended by 17 adding new subdivision 46 to read as follows: 18 46. WITHIN THE AMOUNT OF MONIES APPROPRIATED OR OTHERWISE MADE AVAIL- 19 ABLE THEREFOR, ESTABLISH, ADMINISTER AND OPERATE, OR PROVIDE FOR THE 20 ADMINISTRATION AND OPERATION OF, A PROGRAM, WHICH MAY INCLUDE ESTABLISH- 21 MENT OF A REVOLVING LOAN FUND, TO ASSIST IN THE DEVELOPMENT, IMPLEMENTA- 22 TION AND OPERATION OF AGRICULTURAL PROGRAMS. 23 S 3. Section 260 of the agriculture and markets law is amended by 24 adding a new subdivision 9 to read as follows: 25 9. "FOOD DESERT" SHALL MEAN AN AREA WITH LIMITED ACCESS TO AFFORDABLE 26 AND NUTRITIOUS FOOD, PARTICULARLY SUCH AN AREA THAT IS COMPOSED OF 27 PREDOMINATELY LOWER-INCOME NEIGHBORHOODS AND COMMUNITIES. 28 S 4. Subdivision 1 of section 262 of the agriculture and markets law, 29 as amended by chapter 612 of the laws of 2006, and paragraph (b) as 30 amended by chapter 126 of the laws of 2007, is amended to read as 31 follows: 32 1. There is hereby created within the department a program of grants 33 for the purpose of providing state assistance for farmer's markets. In 34 administering such program, the commissioner, to the extent feasible, 35 shall ensure an equitable distribution of awards to rural areas and 36 other areas of the state. State assistance provided pursuant to this 37 section may be awarded for: 38 (a) the construction, reconstruction, improvement, expansion or reha- 39 bilitation of farmers' markets. Grants provided pursuant to this para- 40 graph shall not exceed the lesser of fifty percent of project cost or 41 fifty thousand dollars per project in any fiscal year. 42 (b) the purpose of providing promotional support for farmer's markets. 43 Grants provided pursuant to this paragraph shall not exceed the lesser 44 of fifty percent of project cost or [five] SEVEN thousand FIVE HUNDRED 45 dollars per applicant in any fiscal year. 46 (C) EQUIPMENT COSTS ASSOCIATED WITH IMPROVING FARMERS' MARKET FUNC- 47 TIONS, INCLUDING BUT NOT LIMITED TO EXPANDING ACCESS TO ELECTRONIC BENE- 48 FIT TRANSFER TECHNOLOGY FOR FARMERS' MARKETS AND OTHER NON-TRADITIONAL 49 FOOD ACCESS POINTS IN FOOD DESERTS IN THE STATE. 50 S 5. This act shall take effect immediately. 51 PART V S. 2810--B 20 1 Intentionally omitted. 2 PART W 3 Section 1. Subdivision 3 of section 99-h of the state finance law, as 4 amended by section 1 of part QQ of chapter 59 of the laws of 2009, is 5 amended to read as follows: 6 3. Moneys of the account, following [appropriation] THE SEGREGATION OF 7 APPROPRIATIONS ENACTED by the legislature, shall be available for 8 purposes including but not limited to: (a) reimbursements or payments to 9 municipal governments that host tribal casinos pursuant to a tribal- 10 state compact for costs incurred in connection with services provided to 11 such casinos or arising as a result thereof, for economic development 12 opportunities and job expansion programs authorized by the executive 13 law; provided, however, that for any gaming facility located in the city 14 of Buffalo, the city of Buffalo shall receive a minimum of twenty-five 15 percent of the negotiated percentage of the net drop from electronic 16 gaming devices the state receives pursuant to the compact, and provided 17 further that for any gaming facility located in the city of Niagara 18 Falls, county of Niagara a minimum of twenty-five percent of the negoti- 19 ated percentage of the net drop from electronic gaming devices the state 20 receives pursuant to the compact shall be distributed in accordance with 21 subdivision four of this section, and provided further that for any 22 gaming facility located in the county or counties of Cattaraugus, Chau- 23 tauqua or Allegany, the municipal governments of the state hosting the 24 facility shall collectively receive a minimum of twenty-five percent of 25 the negotiated percentage of the net drop from electronic gaming devices 26 the state receives pursuant to the compact; and provided further that 27 pursuant to chapter five hundred ninety of the laws of two thousand 28 four, a minimum of twenty-five percent of the revenues received by the 29 state pursuant to the state's compact with the St. Regis Mohawk tribe 30 shall be made available to the counties of Franklin and St. Lawrence, 31 and affected towns in such counties. Each such county and its affected 32 towns shall receive fifty percent of the moneys made available by the 33 state; and (b) support and services of treatment programs for persons 34 suffering from gambling addictions. Moneys not [appropriated] SEGREGATED 35 for such purposes shall be transferred to the general fund for the 36 support of government during the fiscal year in which they are received. 37 S 2. Subdivision 3 of section 99-h of the state finance law, as 38 amended by section 1 of part V of chapter 59 of the laws of 2006, is 39 amended to read as follows: 40 3. Moneys of the account, following [appropriation] THE SEGREGATION OF 41 APPROPRIATIONS ENACTED by the legislature, shall be available for 42 purposes including but not limited to: (a) reimbursements or payments to 43 municipal governments that host tribal casinos pursuant to a tribal- 44 state compact for costs incurred in connection with services provided to 45 such casinos or arising as a result thereof, for economic development 46 opportunities and job expansion programs authorized by the executive 47 law; provided, however, that for any gaming facility located in the 48 county of Erie or Niagara, the municipal governments hosting the facili- 49 ty shall collectively receive a minimum of twenty-five percent of the 50 negotiated percentage of the net drop from electronic gaming devices the 51 state receives pursuant to the compact and provided further that for any 52 gaming facility located in the county or counties of Cattaraugus, Chau- 53 tauqua or Allegany, the municipal governments of the state hosting the 54 facility shall collectively receive a minimum of twenty-five percent of S. 2810--B 21 1 the negotiated percentage of the net drop from electronic gaming devices 2 the state receives pursuant to the compact; and provided further that 3 pursuant to chapter five hundred ninety of the laws of two thousand 4 four, a minimum of twenty-five percent of the revenues received by the 5 state pursuant to the state's compact with the St. Regis Mohawk tribe 6 shall be made available to the counties of Franklin and St. Lawrence, 7 and affected towns in such counties. Each such county and its affected 8 towns shall receive fifty percent of the moneys made available by the 9 state; and (b) support and services of treatment programs for persons 10 suffering from gambling addictions. Moneys not [appropriated] SEGREGATED 11 for such purposes shall be transferred to the general fund for the 12 support of government during the fiscal year in which they are received. 13 S 3. Clause 5 of subparagraph (ii) of paragraph (a) of subdivision 4 14 of section 99-h of the state finance law, as amended by section 2 of 15 part QQ of chapter 59 of the laws of 2009, is amended to read as 16 follows: 17 (5) within thirty-five days upon receipt of such funds by such city, 18 one percent [or three hundred fifty thousand dollars, whichever is 19 greater,] of the total annual amount received in each year, NOT TO 20 EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS ANNUALLY shall be trans- 21 ferred to the Niagara Falls Underground Railroad Heritage Commission, 22 established pursuant to article forty-three of the parks, recreation and 23 historic preservation law to be used for, but not limited to, develop- 24 ment, capital improvements, acquisition of real property, and acquisi- 25 tion of personal property within the heritage area in the city of 26 Niagara Falls as established pursuant to the commission; and 27 S 4. This act shall take effect immediately; provided that: 28 (a) the amendments to subdivision 3 of section 99-h of the state 29 finance law made by section one of this act shall be subject to the 30 expiration and reversion of such section pursuant to section 2 of chap- 31 ter 747 of the laws of 2006, as amended, when upon such date the 32 provisions of section two of this act shall take effect; and 33 (b) the amendments to clause 5 of subparagraph (ii) of paragraph (a) 34 of subdivision 4 of section 99-h of the state finance law made by 35 section three of this act shall not affect the expiration of such 36 section and shall be deemed to expire therewith. 37 PART X 38 Intentionally omitted. 39 PART Y 40 Section 1. Subdivisions 1 and 6 of section 408 of the general business 41 law, as added by chapter 509 of the laws of 1992, are amended to read as 42 follows: 43 1. All licenses shall expire [two] FOUR years from the date of issu- 44 ance. 45 6. Any license, which has not been suspended or revoked, may, upon the 46 payment of the renewal fee, be renewed for additional periods of [two] 47 FOUR years from its application, without further examination, upon the 48 filing of an application for such renewal, on a form to be prescribed by 49 the secretary. 50 S 2. Subdivisions 1, 2 and 7 of section 409 of the general business 51 law, subdivision 1 as amended by chapter 341 of the laws of 1998 and S. 2810--B 22 1 subdivisions 2 and 7 as added by chapter 509 of the laws of 1992, are 2 amended to read as follows: 3 1. The non-refundable fee for an application for a license to engage 4 in the practice of nail specialty, waxing, natural hair styling, esthet- 5 ics or cosmetology, shall be [twenty] FORTY dollars initially and for 6 each renewal thereof the fee shall be [twenty] FORTY dollars; the fee 7 for a temporary license and each renewal shall be ten dollars. 8 2. The fee for an appearance enhancement business license shall be 9 [thirty] SIXTY dollars initially and [thirty] SIXTY dollars for each 10 renewal thereof. 11 7. The fees herein set forth shall be those for licenses issued for 12 the license period of [two] FOUR years. 13 S 3. Subdivisions 2 and 4 of section 437 of the general business law, 14 subdivision 2 as amended by chapter 497 of the laws of 1985 and subdivi- 15 sion 4 as added by chapter 801 of the laws of 1946 and as renumbered by 16 chapter 263 of the laws of 1949, are amended to read as follows: 17 2. A certificate of registration as an apprentice shall be for a peri- 18 od of [two] FOUR years. 19 4. A certificate of registration expiring in any year, which has not 20 been revoked, may, upon payment of the fee prescribed by this article, 21 be renewed for additional periods of [two] FOUR years upon filing an 22 application therefor and the certificate mentioned in subdivision two on 23 condition, however, that no certificate of registration may be issued 24 after one renewal, unless the applicant for such certificate of regis- 25 tration has complied with all the provisions of this article relating to 26 apprentices. 27 S 4. Subdivisions 1 and 4 of section 439 of the general business law, 28 subdivision 1 as amended by chapter 497 of the laws of 1985 and subdivi- 29 sion 4 as amended by chapter 243 of the laws of 1999, are amended to 30 read as follows: 31 1. All licenses, except temporary licenses, shall be for a period of 32 [two] FOUR years. 33 4. Any license or certificate, except a temporary license, which has 34 not been suspended or revoked, may, upon the payment of the renewal fee 35 prescribed by this article, be renewed for additional periods of [two] 36 FOUR years from its expiration, without further examination, upon the 37 filing of any application for such renewal, on a form to be prescribed 38 by the secretary of state, accompanied by the certificate required by 39 paragraph (c) and the certificate of completion required by paragraph 40 (e-1) of subdivision one of section four hundred thirty-four of this 41 article. 42 S 5. Subdivisions 1, 2, 4 and 8 of section 440 of the general business 43 law, as amended by chapter 61 of the laws of 1989, are amended to read 44 as follows: 45 1. The fee for a license to engage in the practice of barbering shall 46 be [twenty] FORTY dollars and for each renewal thereof the fee shall be 47 [twenty] FORTY dollars. 48 2. The fee for a license to conduct a barber shop shall be [thirty] 49 SIXTY dollars and for each renewal thereof the fee shall be [thirty] 50 SIXTY dollars. 51 4. The fee for the registration or the renewal of the registration of 52 an apprentice shall be [ten] TWENTY dollars. 53 8. The fees hereinabove set forth shall be those for licenses issued 54 for the license period of [two] FOUR years. Notwithstanding the 55 provisions of subdivision one of section four hundred thirty-nine of 56 this article, after [January first, nineteen hundred eighty-six] APRIL S. 2810--B 23 1 FIRST, TWO THOUSAND ELEVEN, the secretary of state shall assign stag- 2 gered expiration dates for outstanding licenses that have been previous- 3 ly renewed [on June thirtieth of each year] and such licenses shall 4 thereafter expire [two] FOUR years from the assigned date unless 5 renewed. [If the assigned date results in a term that exceeds twenty- 6 four months, the applicant shall pay an additional prorated adjustment 7 together with the regular renewal fee.] The secretary of state shall 8 assign dates to existing licenses in a manner which shall result in a 9 term of not less than [two] FOUR years. 10 S 6. This act shall take effect immediately. 11 PART Z 12 Section 1. The real property tax law is amended by adding a new 13 section 104 to read as follows: 14 S 104. ELECTRONIC REAL PROPERTY TAX ADMINISTRATION. 1. NOTWITHSTAND- 15 ING ANY PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER IS HEREBY 16 AUTHORIZED TO ESTABLISH STANDARDS FOR ELECTRONIC REAL PROPERTY TAX 17 ADMINISTRATION (E-RPT). SUCH STANDARDS SHALL SET FORTH THE TERMS AND 18 CONDITIONS UNDER WHICH THE VARIOUS TASKS ASSOCIATED WITH REAL PROPERTY 19 TAX ADMINISTRATION MAY BE EXECUTED ELECTRONICALLY, DISPENSING WITH THE 20 NEED FOR PAPER DOCUMENTS. SUCH TASKS SHALL INCLUDE BUT NOT BE LIMITED 21 TO: 22 (A) THE FILING OF EXEMPTION APPLICATIONS; 23 (B) THE FILING OF PETITIONS FOR ADMINISTRATIVE REVIEW OF ASSESSMENTS; 24 (C) THE FILING OF PETITIONS FOR JUDICIAL REVIEW OF ASSESSMENTS; 25 (D) THE FILING OF APPLICATIONS FOR ADMINISTRATIVE CORRECTIONS OF 26 ERRORS; 27 (E) THE ISSUANCE OF STATEMENTS OF TAXES; 28 (F) THE PAYMENT OF TAXES, SUBJECT TO THE PROVISIONS OF SECTIONS FIVE 29 AND FIVE-B OF THE GENERAL MUNICIPAL LAW; 30 (G) THE PROVISION OF RECEIPTS FOR THE PAYMENT OF TAXES; 31 (H) THE ISSUANCE OF TAXPAYER NOTICES REQUIRED BY LAW, INCLUDING 32 SECTIONS FIVE HUNDRED EIGHT, FIVE HUNDRED TEN, FIVE HUNDRED TEN-A, FIVE 33 HUNDRED ELEVEN, FIVE HUNDRED TWENTY-FIVE AND FIVE HUNDRED FIFTY-ONE-A 34 THROUGH FIVE HUNDRED FIFTY-SIX-B OF THIS CHAPTER; AND 35 (I) THE FURNISHING OF NOTICES AND CERTIFICATES UNDER THIS CHAPTER 36 RELATING TO STATE EQUALIZATION RATES, RESIDENTIAL ASSESSMENT RATIOS, 37 SPECIAL FRANCHISE ASSESSMENTS, RAILROAD CEILINGS, TAXABLE STATE LANDS, 38 ADVISORY APPRAISALS, AND THE CERTIFICATION OF ASSESSORS AND COUNTY 39 DIRECTORS OR REAL PROPERTY TAX SERVICES. 40 2. SUCH STANDARDS SHALL BE DEVELOPED AFTER CONSULTATION WITH LOCAL 41 GOVERNMENT OFFICIALS, THE OFFICE OF COURT ADMINISTRATION AND THE OFFICE 42 OF THE STATE COMPTROLLER. 43 3. (A) TAXPAYERS SHALL NOT BE OBLIGED TO ACCEPT NOTICES, STATEMENTS OF 44 TAXES, RECEIPTS FOR THE PAYMENT OF TAXES, OR OTHER DOCUMENTS ELECTRON- 45 ICALLY UNLESS THEY HAVE SO ELECTED. TAXPAYERS WHO HAVE NOT SO ELECTED 46 SHALL BE SENT SUCH COMMUNICATIONS IN THE MANNER OTHERWISE PROVIDED BY 47 LAW. 48 (B) THE GOVERNING BOARD OF ANY LOCAL GOVERNMENT MAY, BY LOCAL LAW, 49 ORDINANCE OR RESOLUTION, DETERMINE THAT IT IS IN THE PUBLIC INTEREST AND 50 AUTHORIZE SUCH LOCAL GOVERNMENT TO PROVIDE FOR ELECTRONIC REAL PROPERTY 51 TAX ADMINISTRATION. UPON AUTHORIZATION SUCH LOCAL GOVERNMENT SHALL 52 COMPLY WITH REGULATIONS AND PROCEDURES SET FORTH BY THE COMMISSIONER. 53 (C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ASSESSORS 54 AND OTHER MUNICIPAL OFFICIALS, SPECIAL FRANCHISE OWNERS AND RAILROAD S. 2810--B 24 1 COMPANIES SHALL BE OBLIGED, UPON THEIR OPTION, TO ACCEPT AND RESPOND TO 2 COMMUNICATIONS FROM THE COMMISSIONER ELECTRONICALLY. 3 (D) THE STANDARDS PRESCRIBED BY THE COMMISSIONER PURSUANT TO THIS 4 SECTION SHALL PROVIDE FOR THE COLLECTION OF ELECTRONIC CONTACT INFORMA- 5 TION, SUCH AS E-MAIL ADDRESSES AND/OR SOCIAL NETWORK USERNAMES, FROM 6 TAXPAYERS WHO HAVE ELECTED TO RECEIVE ELECTRONIC COMMUNICATIONS IN 7 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH INFORMATION SHALL 8 BE EXEMPT FROM PUBLIC DISCLOSURE IN ACCORDANCE WITH SECTION EIGHTY-NINE 9 OF THE PUBLIC OFFICERS LAW. 10 4. WHEN A DOCUMENT HAS BEEN TRANSMITTED ELECTRONICALLY IN ACCORDANCE 11 WITH THE PROVISIONS OF THIS SECTION AND THE STANDARDS ADOPTED BY THE 12 COMMISSIONER HEREUNDER, IT SHALL BE DEEMED TO SATISFY THE APPLICABLE 13 LEGAL REQUIREMENTS TO THE SAME EXTENT AS IF IT HAD BEEN MAILED VIA THE 14 UNITED STATES POSTAL SERVICE. 15 S 2. Subdivision 1 of section 500 of the real property tax law, as 16 amended by chapter 479 of the laws of 2008, is amended to read as 17 follows: 18 1. The assessors in each city and town shall maintain an inventory of 19 all the real property located therein including the names of the owners 20 thereof and complete an annual update thereto on or before the first day 21 of March. The physical characteristics of real property included in such 22 inventory shall constitute a public record and shall be available for 23 public inspection and copying in accordance with paragraph (b) of subdi- 24 vision two of section eighty-seven of the public officers law except as 25 provided in paragraphs (d) and (f) of subdivision two of section eight- 26 y-seven of the public officers law. Disclosure of the inventory data 27 shall not be considered an unwarranted invasion of personal privacy as 28 defined in subdivision two of section eighty-nine of the public officers 29 law. FOR ASSESSMENT ROLLS WITH TAXABLE STATUS DATES OCCURRING ON AND 30 AFTER MARCH FIRST, TWO THOUSAND TWELVE, ALL SUCH RECORDS MAY BE MAIN- 31 TAINED ELECTRONICALLY, AT LOCAL GOVERNMENT OPTION, IN A FORMAT 32 PRESCRIBED OR APPROVED BY THE COMMISSIONER. 33 S 3. The opening paragraph of paragraph (a) of subdivision 1 of 34 section 922 of the real property tax law, as amended by section 5 of 35 part B of chapter 389 of the laws of 1997, is amended to read as 36 follows: 37 Upon receipt of the tax roll and warrant, the collecting officer shall 38 mail OR, SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED FOUR OF THIS 39 CHAPTER, TRANSMIT ELECTRONICALLY to each owner of real property at the 40 tax billing address listed thereon a statement showing the amount of 41 taxes due on the property. The statement must contain: 42 S 4. Subdivision 1 of section 925 of the real property tax law, as 43 separately amended by chapters 513 and 568 of the laws of 2002, is 44 amended to read as follows: 45 1. (A) Notwithstanding any contrary provision of this chapter, or of 46 any general, special or local law, code or charter, if payment for the 47 amount of any taxes on real property, accompanied by the statement of 48 such taxes, is enclosed in a postpaid wrapper properly addressed to the 49 appropriate collecting officer and is deposited in a post office or 50 official depository under the exclusive care and custody of the United 51 States [post office] POSTAL SERVICE, such payment shall, upon delivery, 52 be deemed to have been made to such officer on the date of the United 53 States postmark on such wrapper. If the postmark does not appear on such 54 wrapper or the postmark is illegible such payment shall be deemed to 55 have been made on the date of delivery to such collecting officer. As S. 2810--B 25 1 used in this section, "taxes on real property" includes special ad valo- 2 rem levies and special assessments. 3 (B) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO A PAYMENT 4 THAT HAS BEEN MADE ELECTRONICALLY PURSUANT TO SECTION FIVE-B OF THE 5 GENERAL MUNICIPAL LAW, BUT SHALL APPLY TO A PAYMENT THAT HAS BEEN MAILED 6 VIA THE UNITED STATES POSTAL SERVICE BY A FINANCIAL INSTITUTION ACTING 7 PURSUANT TO INSTRUCTIONS GIVEN TO IT BY A TAXPAYER ELECTRONICALLY. 8 S 5. Section 925-c of the real property tax law, as added by section 9 11 of part X of chapter 62 of the laws of 2003, is amended to read as 10 follows: 11 S 925-c. Payment of real property taxes via the internet. [1.] 12 Notwithstanding any contrary provision of this chapter, or of any gener- 13 al[,] OR special [or local] law, [code or charter, if payment for the 14 amount of any taxes on real property, accompanied by sufficient language 15 to identify the property and tax levy, is received via the internet, 16 such payment is considered received by the appropriate officer and paid 17 by the taxpayer at the time the internet transaction is completed and 18 sent by the taxpayer. 19 2. Any local government authorizing the payment of taxes via the 20 internet pursuant to section five-b of the general municipal law shall 21 provide a confirmation page to the taxpayer following the completion of 22 the internet transaction. Such confirmation page shall include, at 23 least, the following: 24 (a) the date the transaction was completed and sent by the taxpayer; 25 and 26 (b) a notice to the taxpayer to print out and retain the confirmation 27 page as his or her receipt] REAL PROPERTY TAXES MAY BE PAID VIA THE 28 INTERNET UNDER THE TERMS AND CONDITIONS SET FORTH IN SECTION FIVE-B OF 29 THE GENERAL MUNICIPAL LAW. 30 S 6. Subdivisions 3 and 3-a of section 955 of the real property tax 31 law, subdivision 3 as amended by section 7 of part B of chapter 389 of 32 the laws of 1997 and subdivision 3-a as added by chapter 365 of the laws 33 of 2010, are amended to read as follows: 34 3. No later than three weeks after a tax has been paid by a mortgage 35 investing institution pursuant to this title, the collecting officer 36 shall deliver [or], mail, OR, SUBJECT TO THE PROVISIONS OF SECTION ONE 37 HUNDRED FOUR OF THIS CHAPTER, TRANSMIT ELECTRONICALLY a receipt to the 38 mortgagor for whom the real property tax escrow account is maintained. 39 Each such receipt shall be in the same format as a statement of taxes, 40 except that the word "Paid" (or an equivalent word or words) and the 41 date of payment shall be clearly displayed thereon. The receipt may 42 also display, if the collecting officer so elects, the name, title and 43 signature (or initials) of the collecting officer or of the authorized 44 subordinate who received the payment. 45 [3-a. (a) The collecting officer shall deliver or mail the receipt 46 required under subdivision three of this section unless a taxpayer 47 requests to receive such receipt electronically, in which case the 48 collecting officer shall make an electronic receipt available to the 49 taxpayer. The collecting officer shall notify all taxpayers that any 50 availability of electronic receipts does not preclude a taxpayer from 51 electing to receive a copy of his or her tax receipt in the mail or in 52 person. 53 (b) The provisions of paragraph (a) of this subdivision shall apply 54 only to a city, town, or village which by local law provides that elec- 55 tronic availability of such receipts shall be an authorized means of 56 delivery.] S. 2810--B 26 1 S 7. Subdivision 1 of section 986 of the real property tax law, as 2 amended by section 8 of part B of chapter 389 of the laws of 1997, is 3 amended to read as follows: 4 1. The collecting officer shall upon request or by notice on the tax 5 bill of a person paying a tax, deliver [or], forward by mail, OR, 6 SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED FOUR OF THIS CHAPTER, 7 TRANSMIT ELECTRONICALLY a receipt to such person specifying the date of 8 such payment, the name of such person, the description of the property 9 as shown on the tax roll, the name of the person to whom the same is 10 assessed, the amount of such tax and the date of delivery to such offi- 11 cer of the tax roll on account of which such tax was paid, except that 12 the collecting officer of the city of New York shall not be required to 13 give such a receipt unless payment of a tax is made in money or unless 14 the person paying the tax makes a request therefor in writing. Nothing 15 contained in this subdivision shall prevent the collecting officer from 16 delivering [or], forwarding by mail, OR TRANSMITTING ELECTRONICALLY a 17 receipt to any person paying a tax who does not request such a receipt 18 or make a proper notation on the tax bill. Provided, however, if a tax 19 is paid by a mortgage investing institution pursuant to title three-A of 20 this article, a receipt for each paid tax bill shall be delivered [or], 21 mailed, OR TRANSMITTED ELECTRONICALLY to the mortgagor pursuant to the 22 provisions of section nine hundred fifty-five of this article. 23 S 8. Subdivision 1 of section 1590 of the real property tax law, as 24 amended by section 3 of part X of chapter 56 of the laws of 2010, and as 25 further amended by subdivision (b) of section 1 of part W of chapter 56 26 of the laws of 2010, is amended to read as follows: 27 1. (A) A municipal corporation, other than a school district or a 28 village, which prepares assessment rolls by means of electronic data 29 processing, shall annually submit to the commissioner the data files 30 used in the preparation of each tentative and final assessment roll and 31 summaries of the information from the final assessment roll including as 32 a minimum the number of parcels, the total assessed value thereof, and 33 the total taxable assessed value thereof. Such information shall be 34 submitted within ten days of the time of filing the tentative or final 35 assessment roll, as provided for pursuant to section five hundred six or 36 five hundred sixteen of this chapter or such other law as may be appli- 37 cable. 38 (B)(I) In addition, if the assessing unit maintains a website, then 39 within ten days of the filing of the tentative assessment roll, it shall 40 post a copy of such roll on its website, with a link thereto prominently 41 displayed on its home page, and shall not remove the same before the 42 final assessment roll has been filed. In lieu of posting a copy of such 43 roll on its website, the assessing unit may cause such copy to be posted 44 on the website of the county in which it is located for the same period 45 of time as otherwise required by this subdivision, provided that a link 46 thereto shall be prominently displayed on the website of the assessing 47 unit. 48 (II) IF THE ASSESSING UNIT DOES NOT MAINTAIN A WEBSITE, THEN, WITHIN 49 TEN DAYS OF THE FILING OF THE TENTATIVE ASSESSMENT ROLL, IT SHALL CAUSE 50 A COPY OF SUCH ROLL TO BE POSTED ON THE WEBSITE OF THE COUNTY IN WHICH 51 IT IS LOCATED FOR THE SAME PERIOD OF TIME AS OTHERWISE REQUIRED BY THIS 52 SUBDIVISION. 53 (C) WITHIN TEN DAYS OF THE FILING OF THE FINAL ASSESSMENT ROLL, THE 54 ASSESSING UNIT SHALL CAUSE A COPY OF SUCH FINAL ROLL TO BE POSTED EITHER 55 ON ITS OWN WEBSITE OR ON THE COUNTY'S WEBSITE, IN THE SAME MANNER AND S. 2810--B 27 1 SUBJECT TO THE SAME CONDITIONS AS PROVIDED IN PARAGRAPH (B) OF THIS 2 SUBDIVISION. 3 S 9. The real property tax law is amended by adding a new section 1591 4 to read as follows: 5 S 1591. PARCEL-BASED E-GOVERNMENT DATA SYSTEM. 1. THE COMMISSIONER IS 6 HEREBY AUTHORIZED TO IMPLEMENT A PARCEL-BASED ELECTRONIC GOVERNMENT 7 (E-GOVERNMENT) SYSTEM AS PROVIDED HEREIN; PROVIDED HOWEVER THAT PRIOR TO 8 THE IMPLEMENTATION OF SUCH A PARCEL-BASED E-GOVERNMENT DATA SYSTEM, THE 9 COMMISSIONER SHALL SUBMIT TO THE LEGISLATURE A PLAN THAT SHALL INCLUDE 10 AND DOCUMENT ALL ESTIMATED NECESSARY COSTS ASSOCIATED WITH THE IMPLEMEN- 11 TATION AND ADMINISTRATION OF SUCH A SYSTEM. LEGISLATIVE APPROVAL OF THIS 12 PLAN SHALL BE REQUIRED BEFORE ANY STATE FUNDS ARE USED FOR THE IMPLEMEN- 13 TATION AND ADMINISTRATION OF SUCH A PARCEL-BASED E-GOVERNMENT DATA 14 SYSTEM. 15 2. THE SYSTEM SHALL COMPILE ALL ASSESSMENT-RELATED DATA, INCLUDING 16 ASSESSMENT ROLLS, INVENTORY, AND SALES DATA. 17 3. THE SYSTEM SHALL, AT A MINIMUM: (A) MAKE AVAILABLE TO ALL ASSESSING 18 UNITS AND COUNTIES THE LATEST VERSION OF THE SOFTWARE DEVELOPED BY THE 19 COMMISSIONER FOR PROCESSING ASSESSMENT DATA, PROVIDED THAT SOFTWARE 20 UPDATES SHALL BE INCORPORATED AS NEEDED THROUGH AN ELECTRONIC MEANS THAT 21 SHALL REQUIRE NO ACTION ON THE PART OF THE USER; 22 (B) REDUCE OR ELIMINATE THE INEFFICIENCIES AND REDUNDANCIES IN THE 23 EXISTING SYSTEM, SUCH AS BY ENABLING ASSESSORS TO FILE REPORTS WITH THE 24 COMMISSIONER ELECTRONICALLY; 25 (C) BE A SECURE SYSTEM THAT IS ACCESSIBLE ONLY TO AUTHORIZED USERS OF 26 GEOGRAPHICALLY REFERENCED PARCEL-LEVEL INFORMATION, PROVIDED THAT 27 DIFFERENT CLASSES OF USERS SHALL BE GIVEN DIFFERENT LEVELS OF ACCESS, AS 28 DEFINED BY THE COMMISSIONER, LOCAL GOVERNMENTS SHALL HAVE UNRESTRICTED 29 ACCESS TO THE DATA RELATING TO THE PROPERTY WITHIN THEIR BORDERS, AND 30 THE COMMISSIONER SHALL HAVE UNLIMITED ACCESS TO ALL DATA; 31 (D) ENABLE ALL DATA QUERIES TO BE MADE IN A UNIFORM MANNER, REGARDLESS 32 OF WHERE THE DATA MAY RESIDE; AND 33 (E) ENSURE THAT ALL DATA IS REGULARLY BACKED UP FOR SECURITY PURPOSES. 34 4. THE COMMISSIONER IS AUTHORIZED TO ENTER INTO SERVICE AGREEMENTS 35 WITH LOCAL OFFICIALS TO ENSURE THAT THE SYSTEM MAINTAINS ITS FUNCTIONAL- 36 ITY AND THAT THE DATA THEREON IS KEPT CURRENT AND ACCESSIBLE. 37 S 10. Section 5-b of the general municipal law, as added by section 10 38 of part X of chapter 62 of the laws of 2003, subdivision 1 as amended by 39 chapter 741 of the laws of 2005, is amended to read as follows: 40 S 5-b. Collection of fines, civil penalties, rent, rates, taxes, fees, 41 charges and other amounts via the internet. 1. The governing board of 42 any local government, as that term is defined in section ten of this 43 article, may, by local law, ordinance or resolution, determine that it 44 is in the public interest and authorize such local government to provide 45 for the acceptance of penalties, rents, rates, taxes, fees, charges, 46 revenue, financial obligations or other amounts, including penalties, 47 special assessments or interest via a municipal internet website OR THE 48 WEBSITE OF A THIRD-PARTY VENDOR THAT HAS CONTRACTED WITH THE LOCAL 49 GOVERNMENT TO RECEIVE SUCH PAYMENTS ON ITS BEHALF. Submission via the 50 internet may not, however, be required as the sole method for the 51 collection of fines, civil penalties, rent, rates, taxes, fees, charges 52 and other amounts. Such payments shall be accepted via the internet in a 53 manner and condition defined by such local government. Any method used 54 to receive internet payments shall comply with article three of the 55 state technology law and any rules and regulations promulgated and 56 guidelines developed thereunder and, at a minimum must (a) authenticate S. 2810--B 28 1 the identity of the sender; and (b) ensure the security of the informa- 2 tion transmitted. 3 2. Any local government authorizing the payment of taxes via the 4 internet shall provide OR DIRECT ITS VENDOR TO PROVIDE a confirmation 5 page to the taxpayer following the completion of the internet trans- 6 action. Such confirmation page shall include, at least, the following: 7 (a) the date the internet transaction was completed and sent by the 8 taxpayer; [and] 9 (b) THE AMOUNT PAID; 10 (C) A UNIQUE CONFIRMATION NUMBER; AND 11 (D) a notice [to] ADVISING the taxpayer to print out and retain the 12 confirmation page as his or her receipt. 13 3. Payments received via the internet shall be considered received by 14 the appropriate officer and paid by the taxpayer at the time the inter- 15 net transaction is completed and sent by the taxpayer. 16 4. The underlying debt, lien, obligation, bill, account or other 17 amount owed to the local government for which payment by internet is 18 accepted by the local government shall not be expunged, cancelled, 19 released, discharged or satisfied, and any receipt or other evidence of 20 payment shall be deemed conditional, until the local government has 21 received final and unconditional payment of the full amount due. 22 5. The governing board, in enacting a local law, ordinance or resol- 23 ution pursuant to this section, shall designate which of its officers, 24 charged with the duty of collecting or receiving moneys on behalf of the 25 local government, shall be authorized to accept such payments via the 26 internet. 27 6. THE STATE COMPTROLLER MAY ISSUE SUCH GUIDELINES AS HE OR SHE DEEMS 28 APPROPRIATE GOVERNING THE USE OF THIRD PARTY VENDORS FOR THIS PURPOSE. 29 S 11. Subdivision 2 of section 89 of the public officers law, as added 30 by chapter 933 of the laws of 1977, subparagraph (iii) of paragraph (b) 31 and subparagraph (iii) of paragraph (c) as amended and subparagraph (iv) 32 of paragraph (c) as added by chapter 223 of the laws of 2008, subpara- 33 graph (v) of paragraph (b) as amended and subparagraph (vi) of paragraph 34 (b) as added by chapter 545 of the laws of 1998, is amended to read as 35 follows: 36 2. (a) The committee on public access to records may promulgate guide- 37 lines regarding deletion of identifying details or withholding of 38 records otherwise available under this article to prevent unwarranted 39 invasions of personal privacy. In the absence of such guidelines, an 40 agency may delete identifying details when it makes records available. 41 (b) An unwarranted invasion of personal privacy includes, but shall 42 not be limited to: 43 i. disclosure of employment, medical or credit histories or personal 44 references of applicants for employment; 45 ii. disclosure of items involving the medical or personal records of a 46 client or patient in a medical facility; 47 iii. sale or release of lists of names and addresses if such lists 48 would be used for solicitation or fund-raising purposes; 49 iv. disclosure of information of a personal nature when disclosure 50 would result in economic or personal hardship to the subject party and 51 such information is not relevant to the work of the agency requesting or 52 maintaining it; [or] 53 v. disclosure of information of a personal nature reported in confi- 54 dence to an agency and not relevant to the ordinary work of such agency; 55 [or] S. 2810--B 29 1 vi. information of a personal nature contained in a workers' compen- 2 sation record, except as provided by section one hundred ten-a of the 3 workers' compensation law; OR 4 VII. DISCLOSURE OF ELECTRONIC CONTACT INFORMATION, SUCH AS AN E-MAIL 5 ADDRESS OR A SOCIAL NETWORK USERNAME, THAT HAS BEEN COLLECTED FROM A 6 TAXPAYER UNDER SECTION ONE HUNDRED FOUR OF THE REAL PROPERTY TAX LAW. 7 (c) Unless otherwise provided by this article, disclosure shall not be 8 construed to constitute an unwarranted invasion of personal privacy 9 pursuant to paragraphs (a) and (b) of this subdivision: 10 i. when identifying details are deleted; 11 ii. when the person to whom a record pertains consents in writing to 12 disclosure; 13 iii. when upon presenting reasonable proof of identity, a person seeks 14 access to records pertaining to him or her; or 15 iv. when a record or group of records relates to the right, title or 16 interest in real property, or relates to the inventory, status or char- 17 acteristics of real property, in which case disclosure and providing 18 copies of such record or group of records shall not be deemed an unwar- 19 ranted invasion of personal privacy, PROVIDED THAT NOTHING HEREIN SHALL 20 BE CONSTRUED TO AUTHORIZE THE DISCLOSURE OF ELECTRONIC CONTACT INFORMA- 21 TION, SUCH AS AN E-MAIL ADDRESS OR A SOCIAL NETWORK USERNAME, THAT HAS 22 BEEN COLLECTED FROM A TAXPAYER UNDER SECTION ONE HUNDRED FOUR OF THE 23 REAL PROPERTY TAX LAW. 24 S 12. The tax law is amended by adding a new section 35 to read as 25 follows: 26 S 35. USE OF ELECTRONIC MEANS OF COMMUNICATION. NOTWITHSTANDING ANY 27 OTHER PROVISION OF NEW YORK STATE LAW, WHERE THE DEPARTMENT HAS OBTAINED 28 AUTHORIZATION OF AN ONLINE SERVICES ACCOUNT HOLDER, IN SUCH FORM AS MAY 29 BE PRESCRIBED BY THE COMMISSIONER, THE DEPARTMENT MAY USE ELECTRONIC 30 MEANS OF COMMUNICATION TO FURNISH ANY DOCUMENT IT IS REQUIRED TO MAIL 31 PER LAW OR REGULATION. IF THE DEPARTMENT FURNISHES SUCH DOCUMENT IN 32 ACCORDANCE WITH THIS SECTION, DEPARTMENT RECORDS OF SUCH TRANSACTION 33 SHALL CONSTITUTE APPROPRIATE AND SUFFICIENT PROOF OF DELIVERY THEREOF 34 AND BE ADMISSIBLE IN ANY ACTION OR PROCEEDING. 35 S 13. Subdivision (b) of section 29 of the tax law, as added by 36 section 1 of part UU1 of chapter 57 of the laws of 2008, is amended to 37 read as follows: 38 (b)(I) If a tax return preparer prepared more than one hundred 39 original tax documents during any calendar year beginning on or after 40 January first, two thousand seven, and if, in any succeeding calendar 41 year that tax return preparer prepares one or more authorized tax docu- 42 ments using tax software, then, for that succeeding calendar year and 43 for each subsequent calendar year thereafter, all authorized tax docu- 44 ments prepared by that tax return preparer must be filed electronically, 45 in accordance with instructions prescribed by the commissioner. 46 (II) IF A TAX RETURN PREPARER PREPARED MORE THAN TEN ORIGINAL TAX 47 DOCUMENTS DURING ANY CALENDAR YEAR BEGINNING ON OR AFTER JANUARY FIRST, 48 TWO THOUSAND ELEVEN, AND IF, IN ANY SUCCEEDING CALENDAR YEAR THAT TAX 49 RETURN PREPARER PREPARES ONE OR MORE AUTHORIZED TAX DOCUMENTS USING TAX 50 SOFTWARE, THEN, FOR THAT SUCCEEDING CALENDAR YEAR AND FOR EACH SUBSE- 51 QUENT CALENDAR YEAR THEREAFTER, ALL AUTHORIZED TAX DOCUMENTS PREPARED BY 52 THAT TAX RETURN PREPARER MUST BE FILED ELECTRONICALLY, IN ACCORDANCE 53 WITH INSTRUCTIONS PRESCRIBED BY THE COMMISSIONER. 54 S 14. Subparagraph (A) of paragraph 10 of subsection (g) of section 55 658 of the tax law is amended by adding a new clause (iii) to read as 56 follows: S. 2810--B 30 1 (III) IF A TAX RETURN PREPARER PREPARED MORE THAN TEN ORIGINAL RETURNS 2 DURING ANY CALENDAR YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOU- 3 SAND ELEVEN, AND IF, IN ANY SUCCEEDING CALENDAR YEAR SUCH TAX RETURN 4 PREPARER PREPARES ONE OR MORE AUTHORIZED RETURNS USING TAX SOFTWARE, 5 THEN, FOR SUCH SUCCEEDING CALENDAR YEAR AND FOR EACH SUBSEQUENT CALENDAR 6 YEAR THEREAFTER, ALL AUTHORIZED RETURNS PREPARED BY SUCH TAX RETURN 7 PREPARER SHALL BE FILED ELECTRONICALLY, IN ACCORDANCE WITH INSTRUCTIONS 8 PRESCRIBED BY THE COMMISSIONER. 9 S 15. Subparagraph (A) of paragraph 10 of subdivision (g) of section 10 11-1758 of the administrative code of the city of New York is amended by 11 adding a new clause (iii) to read as follows: 12 (III) IF A TAX RETURN PREPARER PREPARED MORE THAN TEN ORIGINAL RETURNS 13 DURING ANY CALENDAR YEAR BEGINNING ON OR AFTER JANUARY FIRST, TWO THOU- 14 SAND ELEVEN, AND IF, IN ANY SUCCEEDING CALENDAR YEAR SUCH TAX RETURN 15 PREPARER PREPARES ONE OR MORE AUTHORIZED RETURNS USING TAX SOFTWARE, 16 THEN, FOR SUCH SUCCEEDING CALENDAR YEAR AND FOR EACH SUBSEQUENT CALENDAR 17 YEAR THEREAFTER, ALL AUTHORIZED RETURNS PREPARED BY SUCH TAX RETURN 18 PREPARER SHALL BE FILED ELECTRONICALLY, IN ACCORDANCE WITH INSTRUCTIONS 19 PRESCRIBED BY THE COMMISSIONER OF TAXATION AND FINANCE. 20 S 16. Subparagraph (A) of paragraph 3 of subsection (c) of section 658 21 of the tax law, as amended by section 1 of part H-1 of chapter 57 of the 22 laws of 2009, is amended to read as follows: 23 (A) Every subchapter K limited liability company, every limited 24 liability company that is a disregarded entity for federal income tax 25 purposes, and every partnership which has any income derived from New 26 York sources, determined in accordance with the applicable rules of 27 section six hundred thirty-one of this article as in the case of a 28 nonresident individual, shall, within [thirty] SIXTY days after the last 29 day of the taxable year, make a payment of a filing fee. The amount of 30 the filing fee is the amount set forth in subparagraph (B) of this para- 31 graph. The minimum filing fee is twenty-five dollars for taxable years 32 beginning in two thousand eight and thereafter. Limited liability compa- 33 nies that are disregarded entities for federal income tax purposes must 34 pay a filing fee of twenty-five dollars for taxable years beginning on 35 or after January first, two thousand eight. 36 S 17. This act shall take effect immediately. 37 PART AA 38 Section 1. Subdivision 2 of section 14-1 of the transportation law is 39 amended by adding a new paragraph (j) to read as follows: 40 (J) ANY FUNDS APPROPRIATED FOR STATE AID TO MUNICIPAL CORPORATIONS, 41 PRIVATE AIRPORTS AS AUTHORIZED BY SECTION FOURTEEN-H OF THIS ARTICLE AND 42 FOR PAYMENT OF THE COST OF PROJECTS AT STEWART AND REPUBLIC AIRPORTS MAY 43 ALSO BE UTILIZED FOR GRANTS TO MUNICIPAL CORPORATIONS AND PRIVATE 44 AIRPORTS FOR THE COST OF PROJECTS AUTHORIZED BY THIS SECTION, INCLUDING 45 THE ACQUISITION OF REAL PROPERTY AND LIABILITIES INCURRED PRIOR TO APRIL 46 FIRST, TWO THOUSAND ELEVEN; PROVIDED, HOWEVER, THAT FUNDS AVAILABLE FOR 47 THIS PURPOSE SHALL NOT EXCEED THE AMOUNT BY WHICH FOUR MILLION DOLLARS 48 EXCEEDS THE SUM OF THE AMOUNT IN STATE FISCAL YEAR TWO THOUSAND ELEVEN- 49 -TWO THOUSAND TWELVE NECESSARY FOR THE STATE SHARE OF FEDERAL PROJECTS 50 PROVIDED PURSUANT TO SECTION FOURTEEN-H OF THIS ARTICLE AND THE AMOUNT 51 IN SUCH STATE FISCAL YEAR REQUIRED FOR PAYMENT OF THE COSTS OF PROJECTS 52 AT STEWART AND REPUBLIC AIRPORTS, UPON CERTIFICATION BY THE COMMISSIONER 53 AT THE END OF THE CALENDAR YEAR. 54 S 2. This act shall take effect immediately. S. 2810--B 31 1 PART BB 2 Section 1. The transportation law is amended by adding a new section 3 23 to read as follows: 4 S 23. SIGN PROPERTY LICENSING; CERTAIN CITIES. 1. AS USED IN THIS 5 SECTION, THE FOLLOWING TERMS SHALL MEAN: 6 (A) "CITY" MEANS A CITY HAVING A POPULATION OF ONE MILLION OR MORE. 7 (B) "MAINTAIN" MEANS THE MAINTENANCE OF A SIGN PROPERTY INCLUDING, BUT 8 NOT LIMITED TO, THE INSTALLATION, MAINTENANCE AND REMOVAL OF ON-PREMISES 9 AND OFF-PREMISES ADVERTISING COPY ON A SIGN PROPERTY. 10 (C) "SIGN PROPERTY" MEANS AND INCLUDES BILLBOARDS, BULLETINS, WALLS- 11 CAPES, OR ANY OTHER LARGE FORMAT STATIC OR DIGITAL SIGN. 12 2. NO OUTDOOR ADVERTISING COMPANY SHALL MAINTAIN A SIGN PROPERTY IN A 13 CITY UNLESS THE DEPARTMENT HAS ISSUED AN OUTDOOR ADVERTISING LICENSE TO 14 THE COMPANY FOR EACH SUCH PROPERTY MAINTAINED. FURTHERMORE, THE MAINTE- 15 NANCE OF A SIGN PROPERTY IN A CITY SHALL ONLY BE AUTHORIZED DURING THE 16 TERM OF THE OUTDOOR ADVERTISING LICENSE ISSUED THEREFOR. NO CITY SHALL 17 IMPOSE ANY ADDITIONAL LICENSING REQUIREMENT FOR SIGN PROPERTIES OTHER 18 THAN THOSE CONTAINED IN THIS SECTION, AND THE PROVISIONS OF THIS SECTION 19 SHALL PREEMPT AND SUPERSEDE ANY LOCAL LAW, CODE OR ORDINANCE. 20 3. AN OUTDOOR ADVERTISING LICENSE MAY BE ISSUED FOR A SIGN PROPERTY 21 UPON THE APPLICATION OF THE OUTDOOR ADVERTISING COMPANY SUBMITTED TO THE 22 DEPARTMENT. THE APPLICATION SHALL BE IN SUCH FORM AND INCLUDE SUCH 23 INFORMATION AS THE DEPARTMENT SHALL DETERMINE. IN ADDITION, EACH SUCH 24 APPLICATION SHALL BE SUBMITTED WITH THE APPROPRIATE ANNUAL LICENSING FEE 25 AS FOLLOWS: 26 (A) FOR STATIC SIGN FACES: 27 (I) WITH A SURFACE AREA OF LESS THAN TWO HUNDRED TWENTY SQUARE FEET: 28 THREE DOLLARS AND FIFTY CENTS PER SQUARE FOOT OF SURFACE AREA; 29 (II) WITH A SURFACE AREA OF TWO HUNDRED TWENTY OR MORE SQUARE FEET, 30 BUT LESS THAN SIX HUNDRED SEVENTY-TWO SQUARE FEET: THREE DOLLARS AND 31 SEVENTY-FIVE CENTS PER SQUARE FOOT OF SURFACE AREA; 32 (III) WITH A SURFACE AREA OF SIX HUNDRED SEVENTY-TWO OR MORE SQUARE 33 FEET, BUT NOT MORE THAN ONE THOUSAND ONE HUNDRED SQUARE FEET: FOUR 34 DOLLARS PER SQUARE FOOT OF SURFACE AREA; 35 (IV) WITH A SURFACE AREA OF MORE THAN ONE THOUSAND ONE HUNDRED SQUARE 36 FEET: FOUR DOLLARS AND TWENTY-FIVE CENTS PER SQUARE FOOT OF SURFACE 37 AREA; OR 38 (B) FOR DIGITAL SIGN FACES: EIGHT DOLLARS AND FIFTY CENTS PER SQUARE 39 FOOT OF SURFACE AREA; AND 40 (C) AN ADDITIONAL FEE OF ONE HUNDRED DOLLARS FOR EACH LATE APPLICATION 41 FOR AN OUTDOOR ADVERTISING LICENSE OR RENEWAL THEREOF, IF ACCEPTED BY 42 THE DEPARTMENT. 43 4. UPON RECEIPT OF AN APPLICATION AND THE APPROPRIATE FEE PURSUANT TO 44 THIS SECTION, THE DEPARTMENT SHALL MARK SUCH APPLICATION WITH THE DATE 45 AND TIME THE APPLICATION WAS RECEIVED. THE DEPARTMENT SHALL MAKE A 46 DETERMINATION OF WHETHER TO APPROVE OR DENY EACH APPLICATION WITHIN ONE 47 HUNDRED EIGHTY DAYS OF THE RECEIPT THEREOF. ANY DETERMINATION WHICH 48 EXCEEDS SUCH PERIOD OF TIME SHALL BE DEEMED AN APPROVAL. 49 5. IN THE EVENT OF THE LOSS, MUTILATION OR DESTRUCTION OF AN OUTDOOR 50 ADVERTISING LICENSE, UPON THE FILING OF A STATEMENT OF THE HOLDER OF 51 SUCH LICENSE, PROOF OF SUCH FACTS AS THE DEPARTMENT MAY REQUIRE AND A 52 FEE OF FIFTY DOLLARS, THE DEPARTMENT SHALL ISSUE A DUPLICATE OR SUBSTI- 53 TUTE LICENSE. 54 6. ANY OUTDOOR ADVERTISING COMPANY WHICH UTILIZES A SIGN PROPERTY 55 WHICH WAS ERECTED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION PURSUANT S. 2810--B 32 1 TO ANY PERMITS ISSUED BY THE DEPARTMENT OF BUILDINGS OF A CITY, SHALL BE 2 ENTITLED TO THE ISSUANCE OF A LICENSE PURSUANT TO THIS SECTION FOR SUCH 3 SIGN PROPERTY AS A MATTER OF RIGHT AND RENEWALS THEREOF IN ACCORDANCE 4 WITH THIS SECTION. FURTHERMORE, DURING THE PENDENCY OF THE DETERMINATION 5 BY THE DEPARTMENT UPON AN APPLICATION FOR A LICENSE RELATING TO A SIGN 6 PROPERTY IN EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, THE 7 OUTDOOR ADVERTISING COMPANY MAINTAINING SUCH SIGN PROPERTY SHALL CONTIN- 8 UE TO MAINTAIN THE SIGN PROPERTY. 9 S 2. This act shall take effect on the thirtieth day after it shall 10 have become a law. 11 PART CC 12 Section 1. Subdivision 1 of section 19-0325 of the environmental 13 conservation law, as added by chapter 203 of the laws of 2010, is 14 amended to read as follows: 15 (1) On or after July first, two thousand [twelve] FOURTEEN, all number 16 two heating oil sold for use in residential, commercial, or industrial 17 heating within the state shall not have a sulfur content greater than 18 fifteen parts per million. 19 S 2. This act shall take effect immediately. 20 PART DD 21 Section 1. Subdivisions 5, 6, 7 and 8 of section 27-1007 of the envi- 22 ronmental conservation law, as added by section 4 of part SS of chapter 23 59 of the laws of 2009, are amended and a new subdivision 12 is added to 24 read as follows: 25 5. A deposit initiator's or distributor's failure to pick up empty 26 beverage containers[, including containers processed in a reverse vend- 27 ing machine,] from a redemption center, dealer or the operator of a 28 reverse vending machine, shall be a violation of this title. 29 6. In addition to the refund value of a beverage container as estab- 30 lished by section 27-1005 of this title, a deposit initiator shall pay 31 to any dealer or operator of a redemption center a handling fee of three 32 and one-half cents for each beverage container accepted by the deposit 33 initiator from such dealer or operator of a redemption center. Payment 34 of the handling fee shall be as compensation for collecting, sorting, 35 SEPARATING PLASTIC CONTAINERS FROM GLASS AND SEPARATING GLASS CONTAINERS 36 BY COLOR, and packaging of empty beverage containers for transport back 37 to the deposit initiator or its designee. Payment of the handling fee 38 may not be conditioned on the purchase of any goods or services[, nor 39 may such payment be made out of the refund value account established 40 pursuant to section 27-1012 of this title]. A distributor who does not 41 initiate deposits on a type of beverage container is considered a dealer 42 only for the purpose of receiving a handling fee from a deposit initi- 43 ator. 44 7. A deposit initiator on a brand shall accept from a distributor who 45 does not initiate deposits on that brand any empty beverage containers 46 of that brand accepted by the distributor from a dealer or operator of a 47 redemption center and shall reimburse the distributor the refund value 48 of each such beverage container, as established by section 27-1005 of 49 this title. In addition, the deposit initiator shall reimburse such 50 distributor for each such beverage container the handling fee estab- 51 lished under subdivision six of this section. [Without limiting the 52 rights of the department or any person, firm or corporation under this S. 2810--B 33 1 subdivision or any other provision of this section, a distributor shall 2 have a civil right of action to enforce this subdivision, including, 3 upon three days notice, the right to apply for temporary and preliminary 4 injunctive relief against continuing violations, and until arrangements 5 for collection and return of empty containers or reimbursement of such 6 distributor for such deposits and handling fees are made.] 7 8. [It shall be the responsibility of the deposit initiator or 8 distributor to provide to a dealer or redemption center a sufficient 9 number of bags, cartons, or other suitable containers, at no cost, for 10 the packaging, handling and pickup of empty beverage containers that are 11 not redeemed through a reverse vending machine. The bags, cartons, or 12 containers must be provided by the deposit initiator or distributor on a 13 schedule that allows the dealer or redemption center sufficient time to 14 sort the empty beverage containers prior to pick up by the deposit 15 initiator or distributor. In addition:] 16 (a) [When picking up empty beverage containers, a deposit initiator or 17 distributor shall not require a dealer or redemption center to load 18 their own bags, cartons or containers onto or into the deposit initi- 19 ator's or distributor's vehicle or vehicles or provide the staff or 20 equipment needed to do so. 21 (b)] A deposit initiator or distributor [shall not] MAY require empty 22 containers to be counted at a location other than the redemption center 23 or dealer's place of business. The dealer or redemption center shall 24 have the right to be present at the count. 25 [(c)] (B) A deposit initiator or distributor shall pick up empty 26 beverage containers from the dealer or redemption center at reasonable 27 times and intervals as determined in rules or regulations promulgated by 28 the department. 29 12. NOTWITHSTANDING ANYTHING CONTAINED IN THIS SECTION TO THE CONTRA- 30 RY, WITH RESPECT TO EMPTY BEVERAGE CONTAINERS OF BEVERAGES SOLD OR 31 CONSUMED ON-PREMISES OR AT OUTDOOR OR INDOOR GATHERINGS, FUNCTIONS, 32 OCCASIONS OR EVENTS, NO HANDLING FEE SHALL BE PAYABLE TO ANY DISTRIBU- 33 TOR, DEALER OR OPERATOR OF A REDEMPTION CENTER. 34 S 2. Section 27-1012 of the environmental conservation law, as added 35 by section 8 of part SS of chapter 59 of the laws of 2009, is amended to 36 read as follows: 37 S 27-1012. [Deposit and disposition] DISPOSITION of refund values; 38 registration; reports. 39 1. [Each deposit initiator shall deposit in a refund value account an 40 amount equal to the refund value initiated under section 27-1005 of this 41 title which is received with respect to each beverage container sold by 42 such deposit initiator. Such deposit initiator shall hold the amounts in 43 the refund value account in trust for the state. A refund value account 44 shall be an interest-bearing account established in a banking institu- 45 tion located in this state, the deposits in which are insured by an 46 agency of the federal government. Deposits of such amounts into the 47 refund value account shall be made not less frequently than every five 48 business days. All interest, dividends and returns earned on the refund 49 value account shall be paid directly into said account. The monies in 50 such accounts shall be kept separate and apart from all other monies in 51 the possession of the deposit initiator. The commissioner of taxation 52 and finance may specify a system of accounts and records to be main- 53 tained with respect to accounts established under this subdivision. 54 2. Payments of refund values pursuant to section 27-1007 of this title 55 shall be paid from each deposit initiator's refund value account. No S. 2810--B 34 1 other payment or withdrawal from such account may be made except as 2 prescribed by this section. 3 3.] Each deposit initiator shall file quarterly reports with the 4 commissioner of taxation and finance on a form and in the manner 5 prescribed by such commissioner. The commissioner of taxation and 6 finance may require such reports to be filed electronically. The quar- 7 terly reports required by this subdivision shall be filed for the quar- 8 terly periods ending on the last day of May, August, November and Febru- 9 ary of each year, and each such report shall be filed within twenty days 10 after the end of the quarterly period covered thereby. Each such report 11 shall include all information such commissioner shall determine appro- 12 priate including but not limited to the following information: 13 a. [the balance in the refund value account at the beginning of the 14 quarter for which the report is prepared; 15 b. all such deposits credited to the refund value account and all 16 interest, dividends or returns received on such account, during such 17 quarter; 18 c. all withdrawals from the refund value account during such quarter, 19 including all reimbursements paid pursuant to subdivision two of this 20 section, all service charges on the account, and all payments made 21 pursuant to subdivision four of this section; and 22 d. the balance in the refund value account at the close of such quar- 23 ter.] THE NUMBER OF CONTAINERS REQUIRED TO HAVE A REFUND VALUE SOLD BY 24 THE DEPOSIT INITIATOR DURING THE QUARTERLY PERIOD; 25 B. THE NUMBER OF CONTAINERS THAT WERE REDEEMED BY THE DEPOSIT INITI- 26 ATOR DURING THE QUARTERLY PERIOD; 27 C. THE NUMBER OF CONTAINERS THAT WERE UNREDEEMED BY THE DEPOSIT INITI- 28 ATOR DURING THE QUARTERLY PERIOD; AND 29 D. THE AMOUNTS PAID TO ANY DISTRIBUTOR, DEALER OR OPERATOR OF A 30 REDEMPTION CENTER FOR HANDLING FEES DURING THE QUARTER. 31 [4.] 2. a. Quarterly payments. [An] PAYMENTS OF REFUND VALUES PURSUANT 32 TO SECTION 27-1007 OF THIS TITLE, IN AN amount equal to eighty percent 33 of the [balance outstanding in the refund value account] UNREDEEMED 34 DEPOSITS HELD BY A DEPOSIT INITIATOR at the close of each quarter shall 35 be paid to the commissioner of taxation and finance at the time the 36 report provided for in subdivision [three] ONE of this section is 37 required to be filed. The commissioner of taxation and finance may 38 require that the payments be made electronically. The remaining twenty 39 percent of the balance outstanding at the close of each quarter shall be 40 the monies of the deposit initiator [and may be withdrawn from such 41 account by the deposit initiator]. If the provisions of this section 42 with respect to such account have not been fully complied with, each 43 deposit initiator shall pay to such commissioner at such time, in lieu 44 of the amount described in the preceding sentence, an amount equal to 45 the balance which would have been outstanding on such date had such 46 provisions been fully complied with. The commissioner of taxation and 47 finance may require that the payments be made electronically. 48 b. [Refund value account shortfall] OVER REDEMPTION. In the event a 49 deposit initiator pays out more in refund values than it collects in 50 deposits of refund values during the course of a quarterly period as 51 described in subdivision [three] ONE of this section, the deposit initi- 52 ator may apply to the commissioner of taxation and finance for a refund 53 of the amount of such excess payment of refund values [from sources 54 other than the refund value account], in the manner as provided by the 55 commissioner of taxation and finance. A deposit initiator must apply for 56 a refund no later than twelve months after the due date for filing the S. 2810--B 35 1 quarterly report for the quarterly period for which the refund claim is 2 made. No interest shall be payable for any refund paid pursuant to this 3 paragraph. 4 c. Final report. A deposit initiator who ceases to do business in this 5 state as a deposit initiator shall file a final report and remit payment 6 of eighty percent of all [amounts remaining in the refund value account] 7 REFUND VALUES HELD BY THE DEPOSIT INITIATOR as of the close of the 8 deposit initiator's last day of business. The commissioner of taxation 9 and finance may require that the payments be made electronically. The 10 deposit initiator shall indicate on the report that it is a "final 11 report". The final report is due to be filed with payment twenty days 12 after the close of the quarterly period in which the deposit initiator 13 ceases to do business. In the event the deposit initiator pays out more 14 in refund values than it collects in such final quarterly period, the 15 deposit initiator may apply to the commissioner of taxation and finance 16 for a refund of the amount of such excess payment of refund values [from 17 sources other than the refund value account,] in the manner as provided 18 by the commissioner of taxation and finance. 19 [5.] 3. All monies collected or received by the department of taxation 20 and finance pursuant to this title shall be deposited to the credit of 21 the comptroller with such responsible banks, banking houses or trust 22 companies as may be designated by the comptroller. Such deposits shall 23 be kept separate and apart from all other moneys in the possession of 24 the comptroller. The comptroller shall require adequate security from 25 all such depositories. Of the total revenue collected, the comptroller 26 shall retain the amount determined by the commissioner of taxation and 27 finance to be necessary for refunds out of which the comptroller must 28 pay any refunds to which a deposit initiator may be entitled. After 29 reserving the amount to pay refunds, the comptroller must, by the tenth 30 day of each month, pay into the state treasury to the credit of the 31 general fund the revenue deposited under this subdivision during the 32 preceding calendar month and remaining to the comptroller's credit on 33 the last day of that preceding month. 34 [6.] 4. The commissioner and the commissioner of taxation and finance 35 shall promulgate, and shall consult each other in promulgating, such 36 rules and regulations as may be necessary to effectuate the purposes of 37 this title. The commissioner and the commissioner of taxation and 38 finance shall provide all necessary aid and assistance to each other, 39 including the sharing of any information that is necessary to their 40 respective administration and enforcement responsibilities pursuant to 41 the provisions of this title. 42 [7. a.] 5. Any person who is a deposit initiator under this title 43 before April first, two thousand nine, must apply by June first, two 44 thousand nine to the commissioner of taxation and finance for registra- 45 tion as a deposit initiator. Any person who becomes a deposit initiator 46 on or after April first, two thousand nine shall apply for registration 47 prior to collecting any deposits as such a deposit initiator. Such 48 application shall be in a form prescribed by the commissioner of taxa- 49 tion and finance and shall require such information deemed to be neces- 50 sary for proper administration of this title. The commissioner of taxa- 51 tion and finance may require that applications for registration must be 52 submitted electronically. The commissioner of taxation and finance shall 53 electronically issue a deposit initiator registration certificate in a 54 form prescribed by the commissioner of taxation and finance within 55 fifteen days of receipt of such application or may take an additional 56 ten days if the commissioner of taxation and finance deems it necessary S. 2810--B 36 1 to consult with the commissioner before issuing such registration 2 certificate. A registration certificate issued pursuant to this subdivi- 3 sion may be issued for a specified term of not less than three years and 4 shall be subject to renewal in accordance with procedures specified by 5 the commissioner of taxation and finance. The commissioner of taxation 6 and finance shall furnish to the commissioner a complete list of regis- 7 tered deposit initiators and shall continually update such list as 8 warranted. The commissioner shall share any information with the commis- 9 sioner of taxation and finance that is necessary for the administration 10 of this subdivision. 11 [b. The commissioner of taxation and finance shall have the authority 12 to revoke or refuse to renew any registration issued pursuant to this 13 subdivision when he or she has determined or has been informed by the 14 commissioner that any of the provisions of this title or rules and regu- 15 lations promulgated thereunder have been violated. Such violations shall 16 include, but not be limited to, the failure to file quarterly reports, 17 the failure to make payments pursuant to this subdivision, the providing 18 of false or fraudulent information to either the department of taxation 19 and finance or the department, or knowingly aiding or abetting another 20 person in violating any of the provisions of this title. A notice of 21 proposed revocation or non-renewal shall be given to the deposit initi- 22 ator in the manner prescribed for a notice of deficiency of tax and all 23 the provisions applicable to a notice of deficiency under article twen- 24 ty-seven of the tax law shall apply to a notice issued pursuant to this 25 paragraph, insofar as such provisions can be made applicable to a notice 26 authorized by this paragraph, with such modifications as may be neces- 27 sary in order to adapt the language of such provisions to the notice 28 authorized by this paragraph. All such notices issued by the commission- 29 er of taxation and finance pursuant to this paragraph shall contain a 30 statement advising the deposit initiator that the revocation or non-re- 31 newal of registration may be challenged through a hearing process and 32 the petition for such a challenge must be filed with the commissioner of 33 taxation and finance within ninety days after such notice is issued. A 34 deposit initiator whose registration has been so revoked or not renewed 35 shall cease to do business as a deposit initiator in this state, until 36 this title has been complied with and a new registration has been 37 issued. Any deposit initiator whose registration has been so revoked may 38 not apply for registration for two years from the date such revocation 39 takes effect. 40 8.] 6. The commissioner of taxation and finance may require the main- 41 tenance of such [accounts,] records or documents relating to the sale of 42 beverage containers, by any deposit initiator, bottler, distributor, 43 dealer or redemption center as such commissioner may deem appropriate 44 for the administration of this section. Such commissioner may make exam- 45 inations, including the conduct of facility inspections during regular 46 business hours, with respect to the [accounts,] records or documents 47 required to be maintained under this subdivision. Such [accounts,] 48 records and documents shall be preserved for a period of three years, 49 except that such commissioner may consent to their destruction within 50 that period or may require that they be kept longer. Such [accounts,] 51 records and documents may be kept within the meaning of this subdivision 52 when reproduced by any photographic, photostatic, microfilm, micro-card, 53 miniature photographic or other process which actually reproduces the 54 original [accounts,] records or documents. 55 [9.] 7. a. Any person required to be registered under this section 56 who, without being so registered, sells or offers for sale beverage S. 2810--B 37 1 containers in this state, in addition to any other penalty imposed by 2 this title, shall be subject to a penalty to be assessed by the commis- 3 sioner of taxation and finance in an amount not to exceed five hundred 4 dollars for the first day on which such sales or offers for sale are 5 made, plus an amount not to exceed five hundred dollars for each subse- 6 quent day on which such sales or offers for sale are made, not to exceed 7 twenty-five thousand dollars in the aggregate. 8 b. Any deposit initiator who fails to maintain [accounts or] records 9 pursuant to this section, unless it is shown that such failure was due 10 to reasonable cause and not due to negligence or willful neglect, in 11 addition to any other penalty imposed by this title, shall be subject to 12 a penalty to be assessed by the commissioner of taxation and finance of 13 not more than one thousand dollars for each quarter during which such 14 failure occurred, and an additional penalty of not more than one thou- 15 sand dollars for each quarter such failure continues. 16 [10.] 8. The provisions of article twenty-seven of the tax law shall 17 apply to the provisions of this title for which the commissioner of 18 taxation and finance is responsible[, including collection of refund 19 value amounts,] in the same manner and with the same force and effect as 20 if the language of such article had been incorporated in full into this 21 section except to the extent that any provision of such article is 22 either inconsistent with a provision of this section or is not relevant 23 to this section as determined by the commissioner of taxation and 24 finance. [Furthermore, for purposes of applying the provisions of arti- 25 cle twenty-seven of the tax law, where the terms "tax" and "taxes" 26 appear in such article, such terms shall be construed to mean "refund 27 value" or "balance in the refund value account". 28 11.] 9. If any deposit initiator fails or refuses to file a report or 29 furnish any information requested in writing by the department of taxa- 30 tion and finance or the department, the department of taxation and 31 finance with the assistance of the department may, from any information 32 in its possession, make an estimate of the deficiency and collect such 33 deficiency from such deposit initiator. 34 [12.] 10. Beginning on June first, two thousand [nine each deposit 35 initiator] TEN ALL SUPPLIERS AND MANUFACTURES shall register the 36 container label of any beverage offered for sale in the state on which 37 it initiates a deposit. Any such registered container label shall bear a 38 universal product code. [Such universal product code shall be New York 39 state specific, in order to identify the beverage container as offered 40 for sale exclusively in New York state, and as a means of preventing 41 illegal redemption of beverage containers purchased out-of-state.] 42 Registration must be on forms as prescribed by the department and must 43 include the universal product code for each combination of beverage and 44 container manufactured. The commissioner may require that such forms be 45 filed electronically. The deposit initiator shall renew a label regis- 46 tration whenever that label is revised by altering the universal product 47 code or whenever the container on which it appears is changed in size, 48 composition or glass color. 49 S 3. This act shall take effect on the forty-fifth day after it shall 50 have become a law. 51 PART EE 52 Section 1. (a) The power authority of the state of New York shall 53 within 90 days of the effective date of this act, issue a request for 54 proposals to purchase from the authority one or more of the ten gas S. 2810--B 38 1 turbine electric generating facilities with a nameplate capacity of less 2 than 80 megawatts each, owned by the authority as of the effective date 3 of this act and located in and around the city of New York. Such request 4 for proposals to sell such generators shall be put out for bid for a 5 maximum of 90 days and shall include the following sites and generating 6 facilities: 7 (1) Two units at Harlem river yard plant, located in the Harlem River 8 Yards, at E. 132nd street, Bronx, New York 10454; 9 (2) Two units at Vernon Boulevard, located at 41-98, 42-02, 42-16 10 Vernon boulevard, Long Island City, Queens, New York 11101; 11 (3) Two units at the Hell Gate plant, located at Locust Avenue, E. 12 132nd street to E. 134th street, Bronx, New York 10454; 13 (4) Two units at the Windsor Terrace power plant, located at 3rd 14 avenue and 23rd street, Brooklyn, New York 11232; 15 (5) One unit at Pouch terminal; located at 1 Edgewater street, Staten 16 Island, New York 10305; and 17 (6) One unit at North First avenue and River street, located at 47-79 18 River street, Brooklyn, New York 11211. 19 (b) The authority shall issue such request to determine, among other 20 things the likely value to New York state for the sale of such generat- 21 ing facilities. The authority shall, within 30 days of the end of the 22 solicitation period, report on the range of solicited bids to the gover- 23 nor, the temporary president of the senate and the speaker of the assem- 24 bly, subject to all appropriate and applicable confidentiality require- 25 ments with respect to individual bids and information contained therein. 26 (c) On or before March 31, 2012, the authority is required to make a 27 report to the governor, the temporary president of the senate and the 28 speaker of the assembly as to the amount of revenue that could be 29 collected by the authority from the sale of facilities pursuant to this 30 section. The authority may not effectuate such sale until authorized by 31 law. 32 S 2. This act shall take effect immediately. 33 PART FF 34 Section 1. Part LL of chapter 59 of the laws of 2009, amending the 35 environmental conservation law relating to recreational marine fishing 36 licenses, is REPEALED. 37 S 2. The environmental conservation law is amended by a adding a new 38 section 13-0355 to read as follows: 39 S 13-0355. SALTWATER RECREATIONAL FISHING REGISTRY. 40 1. DEFINITIONS OF REGISTRATION; PRIVILEGES. REGISTRATION WITH THE 41 SALTWATER RECREATIONAL FISHING REGISTRY ENTITLES THE PERSON SO REGIS- 42 TERED WHO IS SIXTEEN YEARS OF AGE OR OLDER TO TAKE FISH FROM THE WATERS 43 OF THE MARINE AND COASTAL DISTRICT AND TO TAKE MIGRATORY FISH OF THE SEA 44 FROM ALL WATERS OF THE STATE, EXCEPT AS PROVIDED IN SECTIONS 13-0333 AND 45 13-0335 OF THIS TITLE. 46 2. SALTWATER RECREATIONAL FISHING REGISTRY ESTABLISHED. A. THE COMMIS- 47 SIONER SHALL ADMINISTER AND MAINTAIN A REGISTRY OF PERSONS WHO ENGAGE IN 48 SALTWATER RECREATIONAL FISHING. THE COMMISSIONER MAY DESIGNATE BY RULE 49 THE METHODS OF FISHING OR THE SALTWATER AREAS FOR WHICH REGISTRATION IS 50 REQUIRED UNDER THIS SECTION. THE REGISTRY SHALL CONTAIN THE NAME, 51 ADDRESS, DATE OF BIRTH AND TELEPHONE NUMBER FOR EACH PERSON REGISTERED. 52 B. EACH PERSON REGISTERED SHALL BE ASSIGNED A UNIQUE IDENTIFICATION 53 NUMBER. SUCH UNIQUE IDENTIFICATION NUMBER SHALL CONTAIN AN EMBEDDED 54 YEAR CODE, TO BE DETERMINED BY THE COMMISSIONER, DISCRETELY DESIGNATING S. 2810--B 39 1 THE YEAR OF REGISTRATION OR RENEWAL OF REGISTRATION, TO ENSURE COMPLI- 2 ANCE WITH ANNUAL RENEWAL REQUIREMENTS PURSUANT TO PARAGRAPH A OF SUBDI- 3 VISION THREE OF THIS SECTION. 4 3. REGISTRY PROCEDURES. A. AN INDIVIDUAL'S SALTWATER RECREATIONAL 5 FISHING REGISTRATION SHALL EXPIRE AT THE END OF EACH CALENDAR YEAR, AND 6 MAY BE RENEWED FOR EACH SUBSEQUENT CALENDAR YEAR PURSUANT TO PARAGRAPH C 7 OF THIS SUBDIVISION. 8 B. A PERSON MAY INITIALLY REGISTER TO ENGAGE IN SALTWATER RECREATION- 9 AL FISHING: 10 (I) BY APPEARING BEFORE A REGISTRATION AGENT, AS ESTABLISHED BY THE 11 COMMISSIONER; OR 12 (II) THROUGH A PUBLICLY ACCESSIBLE ONLINE REGISTRATION SYSTEM ON THE 13 DEPARTMENT WEBSITE; OR 14 (III) THROUGH A PUBLICLY ACCESSIBLE TELEPHONIC REGISTRATION SYSTEM 15 OPERATED BY THE DEPARTMENT. THE COMMISSIONER SHALL ESTABLISH A TOLL-FREE 16 TELEPHONE NUMBER OR A DEDICATED NUMBER FOR USE TO REGISTER PURSUANT TO 17 THIS SECTION. 18 C. A PERSON MAY RENEW HIS OR HER REGISTRATION UNDER THIS SECTION: 19 (I) BY APPEARING BEFORE A REGISTRATION AGENT, AS ESTABLISHED BY THE 20 COMMISSIONER; OR 21 (II) THROUGH A PUBLICLY ACCESSIBLE ONLINE REGISTRATION SYSTEM ON THE 22 DEPARTMENT WEBSITE; OR 23 (III) THROUGH A PUBLICLY ACCESSIBLE TELEPHONIC REGISTRATION SYSTEM 24 OPERATED BY THE DEPARTMENT. THE COMMISSIONER SHALL ESTABLISH A TOLL-FREE 25 TELEPHONE NUMBER OR A DEDICATED NUMBER FOR USE TO RENEW REGISTRATIONS ON 26 THE REGISTRY. 27 D. A PERSON PURCHASING A FISHING LICENSE UNDER SECTION 11-0701 OF THIS 28 CHAPTER SHALL BE ASKED IF THE PERSON INTENDS TO FISH IN SALTWATER FOR 29 THE CALENDAR YEAR. IF THE PERSON ANSWERS IN THE AFFIRMATIVE, THE PERSON 30 SHALL BE INFORMED OF THE REQUIREMENTS UNDER THIS SECTION. 31 4. UNIQUE IDENTIFICATION NUMBER REQUIRED. A. EACH PERSON REGISTERED 32 SHALL AT ALL TIMES HAVE THEIR UNIQUE IDENTIFICATION NUMBER ON THE HOLD- 33 ER'S PERSON WHILE EXERCISING ANY PRIVILEGE OF THE REGISTRATION. 34 B. FAILURE TO HAVE A UNIQUE IDENTIFICATION NUMBER ON ONE'S PERSON 35 WHILE EXERCISING ANY PRIVILEGE OF THE REGISTRATION IS PRESUMPTIVE 36 EVIDENCE THAT SUCH PERSON IS FISHING WITHOUT BEING REGISTERED AS 37 REQUIRED BY THIS SECTION. 38 5. FEES. A FEE FOR REGISTERING ON THE REGISTRY MAY NOT BE ESTABLISHED 39 OR LEVIED. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A PERSON REGIS- 40 TERING THROUGH AN ONLINE OR TELEPHONIC REGISTRATION SYSTEM MAY NOT BE 41 CHARGED A FEE FOR REGISTERING. 42 6. EXEMPTION FROM REQUIREMENT OF SALTWATER RECREATIONAL FISHING REGIS- 43 TRATION. A. MINORS UNDER THE AGE OF SIXTEEN MAY TAKE FISH AS IF THEY 44 WERE REGISTERED WITH THE SALTWATER RECREATIONAL FISHING REGISTRY. 45 B. RECREATIONAL FISHING PASSENGERS ON A MARINE AND COASTAL DISTRICT 46 PARTY OR CHARTER BOAT LICENSED PURSUANT TO SECTION 13-0336 OF THIS TITLE 47 MAY TAKE FISH AS IF THEY HELD A RECREATIONAL MARINE FISHING LICENSE. 48 7. FEDERAL REGISTRATION REQUIREMENTS. A. THE REGISTRY ESTABLISHED 49 PURSUANT TO THIS SECTION SHALL COMPLY WITH THE PROVISIONS OF THE REGIS- 50 TRY PROGRAM TO BE ESTABLISHED PURSUANT TO THE MAGNUSON-STEVENS FISHERY 51 CONSERVATION AND MANAGEMENT REAUTHORIZATION ACT, 16 U.S.C. SS 1801 ET 52 SEQ. 53 B. UPON ESTABLISHMENT OF THE REGISTRY PURSUANT TO THIS SECTION, THE 54 COMMISSIONER SHALL APPLY TO THE NATIONAL MARINE FISHERIES SERVICE OF THE 55 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION FOR EXEMPTED STATE 56 DESIGNATION FROM THE FEDERAL REGISTRATION REQUIREMENTS. S. 2810--B 40 1 8. RECIPROCITY IN BOUNDARY WATERS. IF PERSONS REGISTERED PURSUANT TO 2 THIS SECTION IN THE SALTWATER RECREATIONAL FISHING REGISTRY ARE NOT 3 REQUIRED TO HAVE LICENSES ISSUED BY A STATE NAMED IN PARAGRAPH A, B OR C 4 OF THIS SUBDIVISION WHEN FISHING IN THAT PART OF THE WATERS, SPECIFIED 5 IN SUCH PARAGRAPH, WHICH LIES WITHIN THAT STATE THEN, IN SUCH CASE, A 6 PERSON SIMILARLY REGISTERED OR LICENSED BY SUCH STATE MAY, WITHOUT BEING 7 REGISTERED PURSUANT TO THIS SECTION IN THE SALTWATER RECREATIONAL FISH- 8 ING REGISTRY, TAKE FISH AS PROVIDED IN THIS TITLE, FROM THAT PART OF 9 SUCH WATERS SPECIFIED IN PARAGRAPH A, B OR C OF THIS SUBDIVISION WHICH 10 LIES WITHIN THIS STATE: 11 A. LICENSE ISSUED BY CONNECTICUT: THOSE PARTS OF THE LONG ISLAND SOUND 12 LYING BETWEEN NEW YORK AND CONNECTICUT. 13 B. LICENSE ISSUED BY NEW JERSEY: THOSE PARTS OF NEW YORK HARBOR, 14 HUDSON RIVER, KILL VAN KULL, ARTHUR KILL, RARITAN BAY AND ATLANTIC OCEAN 15 LYING BETWEEN NEW YORK AND NEW JERSEY. 16 C. LICENSE ISSUED BY RHODE ISLAND: THOSE PARTS OF THE LONG ISLAND 17 SOUND, BLOCK ISLAND SOUND AND ATLANTIC OCEAN LYING BETWEEN NEW YORK AND 18 RHODE ISLAND. 19 S 3. Any person who purchased a lifetime recreational marine fishing 20 license shall be refunded the amount of the fee he or she paid in excess 21 of a single season license. 22 S 4. This act shall take effect on the one hundred eightieth day after 23 it shall have become a law, provided, however, that effective immediate- 24 ly, any regulations necessary for the timely implementation of this act 25 on its effective date are authorized to be promulgated before such date. 26 PART GG 27 Section 1. Section 19-0323 of the environmental conservation law, as 28 added by chapter 629 of the laws of 2006, subdivision 5 as added and 29 subdivisions 6, 7 and 8 as renumbered by section 1 of part C of chapter 30 59 of the laws of 2010, is amended to read as follows: 31 S 19-0323. Use of ultra low sulfur diesel fuel and best available tech- 32 nology by the state. 33 1. As used in this section, the terms: 34 a. "Ultra low sulfur diesel fuel" means diesel fuel having sulfur 35 content of 0.0015 per cent of sulfur or less. 36 b. "Heavy duty vehicle" or "vehicle" means any on and off-road vehicle 37 powered by diesel fuel and having a gross vehicle weight of greater than 38 8,500 pounds, except that those vehicles defined in section 101 of the 39 vehicle and traffic law, paragraph 2 of schedule E and paragraph (a) of 40 schedule F of subdivision 7 of section 401 of such law, and vehicles 41 specified in subdivision 13 of section 401 of such law, and farm type 42 tractors and all terrain type vehicles used exclusively for agricultural 43 or mowing purposes, or for snow plowing, other than for hire, farm 44 equipment, including self-propelled machines used exclusively in grow- 45 ing, harvesting or handling farm produce, and self-propelled caterpillar 46 or crawler-type equipment while being operated on the contract site, and 47 timber harvesting equipment such as harvesters, wood chippers, forward- 48 ers, log skidders, and other processing equipment used exclusively off 49 highway for timber harvesting and logging purposes, shall not be deemed 50 heavy duty vehicles for purposes of this section. This term shall not 51 include vehicles that are specially equipped for emergency response by 52 the department, office of emergency management, sheriff's office of the 53 department of finance, police department or fire department. S. 2810--B 41 1 c. "Best available retrofit technology" means technology, verified by 2 the United States environmental protection agency for reducing the emis- 3 sion of pollutants that achieves reductions in particulate matter emis- 4 sions at the highest classification level for diesel emission control 5 strategies that is applicable to the particular engine and application. 6 Such technology shall also, at a reasonable cost, achieve the greatest 7 reduction in emissions of nitrogen oxides at such particulate matter 8 reduction level and shall in no event result in a net increase in the 9 emissions of either particulate matter or nitrogen oxides. 10 d. "Reasonable cost" means that such technology does not cost greater 11 than 30 percent more than other technology applicable to the particular 12 engine and application that falls within the same classification level 13 for diesel emission control strategies, as set forth in paragraph c of 14 this subdivision, when considering the cost of the strategies, them- 15 selves, and the cost of installation. 16 2. Any diesel powered heavy duty vehicle that is owned by, operated by 17 [or on behalf of,] or leased by a state agency and state and regional 18 public authority shall be powered by ultra low sulfur diesel fuel. 19 3. Any diesel powered heavy duty vehicle that is owned by, operated by 20 [or on behalf of,] or leased by a state agency and state and regional 21 public authority with more than half of its governing body appointed by 22 the governor shall utilize the best available retrofit technology for 23 reducing the emission of pollutants. The commissioner shall promulgate 24 regulations for the implementation of this subdivision specifying proce- 25 dures for compliance according to the following schedule: 26 a. [Not less than 33% of the vehicles covered by this subdivision 27 shall have best available retrofit technology on or before December 31, 28 2008. 29 b.] Not less than 66% of the vehicles covered by this subdivision 30 shall have best available retrofit technology on or before December 31, 31 [2009] 2012. 32 [c.] B. All vehicles covered by this subdivision shall have best 33 available retrofit technology on or before December 31, [2010] 2014. 34 This subdivision shall not apply to any vehicle subject to a lease or 35 public works contract entered into or renewed prior to the effective 36 date of this section. 37 4. In addition to other provisions for regulations in this section, 38 the commissioner shall promulgate regulations as necessary and appropri- 39 ate to carry out the provisions of this act including but not limited to 40 provision for waivers upon written finding by the commissioner that (a) 41 best available retrofit technology for reducing the emissions of pollu- 42 tants as required by subdivision 3 of this section is not available for 43 a particular vehicle or class of vehicles and (b) that ultra low sulfur 44 diesel fuel is not available. 45 5. In addition to any waiver which may be issued pursuant to subdivi- 46 sion four of this section, the department shall issue a waiver to a 47 state agency, a state or regional public authority, [or a person operat- 48 ing any diesel-powered heavy duty vehicle on behalf of a state agency,] 49 state or regional public authority, upon a request in a form acceptable 50 to the department for a waiver from the provisions of subdivision three 51 of this section for a vehicle engine provided that such vehicle engine 52 will cease to be used in the state on or before December thirty-first, 53 two thousand thirteen. Any waiver issued pursuant to this subdivision 54 shall expire when a state agency, a state or regional public authority, 55 [or a person operating any diesel-powered heavy duty vehicle on behalf 56 of a state agency,] state or regional public authority ceases to use the S. 2810--B 42 1 engine in the state but not later than December thirty-first, two thou- 2 sand [thirteen] FOURTEEN. 3 6. This section shall not apply where federal law or funding precludes 4 the state from imposing the requirements of this section. 5 7. On or before January 1, 2008 and every year thereafter, the commis- 6 sioner shall report to the governor and legislature on the use of ultra 7 low sulfur diesel fuel and the use of the best available retrofit tech- 8 nology as required under this section. The information contained in this 9 report shall include, but not be limited to, for each state agency and 10 public authority covered by this section: (a) the total number of diesel 11 fuel-powered motor vehicles owned or operated by such agency and author- 12 ity; (b) the number of such motor vehicles that were powered by ultra 13 low sulfur diesel fuel; (c) the total number of diesel fuel-powered 14 motor vehicles owned or operated by such agency and authority having a 15 gross vehicle weight rating of more than 8,500 pounds; (d) the number of 16 such motor vehicles that utilized the best available retrofit technolo- 17 gy, including a breakdown by motor vehicle model, engine year and the 18 type of technology used for each vehicle; (e) the number of such motor 19 vehicles that are equipped with an engine certified to the applicable 20 2007 United States environmental protection agency standard for particu- 21 late matter as set forth in section 86.007-11 of title 40 of the code of 22 federal regulations or to any subsequent United States environmental 23 protection agency standard for particulate matter that is at least as 24 stringent; and (f) all waivers, findings, and renewals of such findings, 25 which, for each waiver, shall include, but not be limited to, the quan- 26 tity of diesel fuel needed to power diesel fuel-powered motor vehicles 27 owned or operated by such agency and authority; specific information 28 concerning the availability of ultra low sulfur diesel fuel. 29 8. The department shall, to the extent practicable, coordinate with 30 regions which have proposed or adopted heavy duty emission inspection 31 programs to promote regional consistency in such programs. 32 S 2. This act shall take effect immediately. 33 PART HH 34 Section 1. The public authorities law is amended by adding a new 35 section 1265-c to read as follows: 36 S 1265-C. INDEPENDENT FORENSIC AUDIT. 1. NOTWITHSTANDING ANY OTHER 37 PROVISION OF LAW, THE AUTHORITY SHALL, WITHIN SIXTY DAYS OF THE EFFEC- 38 TIVE DATE OF THIS SECTION, CONTRACT WITH A CERTIFIED PUBLIC ACCOUNTING 39 FIRM FOR THE PROVISION OF AN INDEPENDENT, COMPREHENSIVE, FORENSIC AUDIT 40 OF THE AUTHORITY. SUCH AUDIT SHALL BE PERFORMED IN ACCORDANCE WITH 41 GENERALLY ACCEPTED GOVERNMENT AUDITING STANDARDS. SUCH AUDIT SHALL BE 42 INDEPENDENT OF AND IN ADDITION TO THE INDEPENDENT AUDIT OF THE AUTHORITY 43 CONDUCTED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED TWO OF THIS CHAPTER. 44 2. THE CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM PROVIDING THE 45 AUTHORITY'S INDEPENDENT, COMPREHENSIVE, FORENSIC AUDIT SHALL BE PROHIB- 46 ITED IN PROVIDING AUDIT SERVICES IF THE LEAD (OR COORDINATING) AUDIT 47 PARTNER (HAVING PRIMARY RESPONSIBILITY FOR THE AUDIT), OR THE AUDIT 48 PARTNER RESPONSIBLE FOR REVIEWING THE AUDIT, HAS PERFORMED AUDIT 49 SERVICES FOR THE AUTHORITY WITHIN ANY OF THE TEN PREVIOUS FISCAL YEARS 50 OF THE AUTHORITY. 51 3. THE CERTIFIED INDEPENDENT ACCOUNTING FIRM PERFORMING THE AUDIT 52 PURSUANT TO THIS SECTION SHALL BE PROHIBITED FROM PERFORMING ANY NON-AU- 53 DIT SERVICES FOR THE AUTHORITY CONTEMPORANEOUSLY WITH THE AUDIT. S. 2810--B 43 1 4. IT SHALL BE PROHIBITED FOR THE CERTIFIED INDEPENDENT PUBLIC 2 ACCOUNTING FIRM TO PERFORM FOR THE AUTHORITY ANY AUDIT SERVICE IF THE 3 CHIEF EXECUTIVE OFFICER, COMPTROLLER, CHIEF FINANCIAL OFFICER, CHIEF 4 ACCOUNTING OFFICER OR ANY OTHER PERSON SERVING IN AN EQUIVALENT POSITION 5 IN THE AUTHORITY WAS AN EMPLOYEE, CONSULTANT OR INDEPENDENT CONTRACTOR 6 OF THAT CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM AND PARTICIPATED IN 7 ANY CAPACITY IN THE AUDIT OF THE AUTHORITY AT ANY TIME IN THE PAST. 8 5. THE CERTIFIED INDEPENDENT PUBLIC ACCOUNTING FIRM CONTRACTED TO 9 PERFORM THE INDEPENDENT COMPREHENSIVE, FORENSIC AUDIT OF THE AUTHORITY 10 SHALL, ON OR BEFORE JANUARY FIRST, TWO THOUSAND THIRTEEN, REPORT ITS 11 FINDINGS, CONCLUSIONS AND RECOMMENDATIONS TO THE GOVERNOR, THE STATE 12 COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE 13 ASSEMBLY, THE CHAIR AND RANKING MINORITY MEMBER OF THE SENATE FINANCE 14 COMMITTEE, THE CHAIR AND RANKING MINORITY MEMBER OF THE ASSEMBLY WAYS 15 AND MEANS COMMITTEE, THE CHAIRS AND RANKING MINORITY MEMBERS OF THE 16 SENATE AND THE ASSEMBLY CORPORATIONS, AUTHORITIES AND COMMISSIONS 17 COMMITTEES, AND THE CHAIRS AND RANKING MINORITY MEMBERS OF THE SENATE 18 AND THE ASSEMBLY TRANSPORTATION COMMITTEES. 19 S 2. This act shall take effect immediately, and shall expire and be 20 deemed repealed January 2, 2013. 21 PART II 22 Section 1. Section 5 of the public service law is amended by adding a 23 new subdivision 7 to read as follows: 24 7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSION SHALL 25 HAVE NO AUTHORITY OVER ANY SERVICE, CLASS OF SERVICES OR TECHNOLOGY 26 OFFERED OR USED BY A TELEPHONE CORPORATION AS DEFINED IN SECTION TWO OF 27 THIS ARTICLE OR BY A CABLE TELEVISION COMPANY AS DEFINED IN SECTION TWO 28 HUNDRED TWELVE OF THIS CHAPTER THAT IT DID NOT ACTIVELY REGULATE AS OF 29 JANUARY FIRST, TWO THOUSAND ELEVEN. THE COMMISSION SHALL HAVE NO AUTHOR- 30 ITY TO PROHIBIT, REQUIRE OR OTHERWISE DIRECT ANY ENTITY'S CHOICE OF 31 TECHNOLOGY FOR ANY PURPOSE. 32 S 2. This act shall take effect immediately. 33 S 2. Severability clause. If any clause, sentence, paragraph, subdivi- 34 sion, section or part of this act shall be adjudged by any court of 35 competent jurisdiction to be invalid, such judgment shall not affect, 36 impair, or invalidate the remainder thereof, but shall be confined in 37 its operation to the clause, sentence, paragraph, subdivision, section 38 or part thereof directly involved in the controversy in which such judg- 39 ment shall have been rendered. It is hereby declared to be the intent of 40 the legislature that this act would have been enacted even if such 41 invalid provisions had not been included herein. 42 S 3. This act shall take effect immediately provided, however, that 43 the applicable effective date of Parts A through II of this act shall be 44 as specifically set forth in the last section of such Parts.