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