S. 6059 / A. 9559


                STATE OF NEW YORK
        ________________________________________________________________________

            S. 6059                                                  A. 9559

                SENATE - ASSEMBLY

                                    January 21, 2004
                                       ___________

        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when printed to be committed to the Committee on Finance
 
        IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
          article seven of the Constitution -- read once  and  referred  to  the
          Committee on Ways and Means
 
        AN  ACT to authorize the dormitory authority of the state of New York to
          provide funding for the Cornell University theory center (Part A);  in
          relation  to  appropriating  monies  for  transportation  projects and
          costs; to amend chapter 329 of the laws of  1991  amending  the  state
          finance  law and other laws relating to the establishment of the dedi-
          cated highway and bridge trust fund; to amend chapter 61 of  the  laws
          of  2000  amending  the  public authorities law and chapter 329 of the
          laws of 1991 amending the state finance law and other laws relating to
          the establishment of the dedicated highway and bridge trust  fund,  in
          relation  to the authorization of the state's five-year transportation
          plan (Part B); to amend the vehicle and traffic law,  in  relation  to
          increasing  the  allowable  number of divisible load permits, to amend
          current fine schedules for weight violations, and to impose new safety
          measures; and to repeal certain provisions of such law relating there-
          to (Part C); to amend part I of chapter 62 of the laws of 2003, amend-
          ing the vehicle and traffic law relating to requiring criminal history
          checks, in relation to license endorsements for the transportation  of
          hazardous materials (Part D); to amend the vehicle and traffic law, in
          relation  to  driver responsibility assessments (Part E); to amend the
          environmental conservation law, in relation to the waste tire  manage-
          ment  and  recycling act of 2003 (Part F); to provide for the utiliza-
          tion of utility assessment funds (Part G); to provide for the utiliza-
          tion of utility assessment funds (Part H); to amend the  environmental
          conservation  law,  the vehicle and traffic law, the parks, recreation
          and historic preservation law  and  the  real  property  tax  law,  in
          relation  to  the use of all terrain vehicles on certain public lands,
          the enforcement of the operation and registration  of  snowmobile  and
          all  terrain  vehicles,  the management and taxation of certain forest
          lands; and to repeal certain provisions of the vehicle and traffic law
          relating thereto (Part I); to amend the public  service  law  and  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12133-01-4
        S. 6059                             2                            A. 9559
 
          general  business  law,  in  relation  to the deposit of moneys to the
          general fund; and to repeal certain provisions of  the  state  finance
          law  relating  thereto  (Part J); to amend the agriculture and markets
          law,  in  relation to the powers and duties of the department of agri-
          culture and markets with respect to retail food stores and food estab-
          lishments and enacting a registration fee (Part K); to amend the envi-
          ronmental conservation law, in relation to state facility  permit  and
          registration  fees  and  operating  permit program fees; and to repeal
          section 72-0302 of the environmental  conservation  law,  relating  to
          state  air  quality control fees (Part L); to provide for the transfer
          of moneys from the New York  state  energy  research  and  development
          authority (Part M); to amend chapter 393 of the laws of 1994, amending
          the  New  York state urban development corporation act, in relation to
          the effectiveness thereof (Part N); to authorize the  New  York  state
          urban development corporation, the dormitory authority of the state of
          New York, the environmental facilities corporation, the New York state
          housing  finance  agency  and  the thruway authority to issue bonds or
          notes in support of economic development and high technology  projects
          and  to amend the New York state urban development corporation act, in
          relation to creating the regional economic growth program (Part O); to
          amend the state finance law and the environmental conservation law, in
          relation  to  expanding  the  purposes  for  which  the  environmental
          protection  fund  can  be  used; and in relation to municipal landfill
          closure projects and state assistance payments for beneficial end-uses
          and landfill gas management systems and to  provide  state  assistance
          for  municipal  landfill  gas management projects at active landfills;
          and in relation to establishing  an  environmental  justice  technical
          assistance  grant  program;  and  to  repeal certain provisions of the
          state finance law relating thereto (Part P);  to  amend  the  environ-
          mental conservation law, in relation to fees for stormwater discharges
          from  construction  activity  (Part  Q);  to  amend  the environmental
          conservation law and the navigation law, in relation to petroleum bulk
          storage fees and to amend chapter 83 of the laws of 1995, amending the
          environmental conservation law and other laws relating to  the  regis-
          tration  of  petroleum  bulk  storage  facilities,  in relation to the
          effectiveness of certain provisions of such chapter (Part R); to amend
          the agriculture and markets law, in relation to the powers and  duties
          of  the  department  of  agriculture  and  markets with respect to the
          inspection of pet dealers' facilities  (Part  S);  and  to  amend  the
          public  authorities  law, in relation to authorization of an increased
          voluntary contribution by the New York power authority  and  to  amend
          the  economic  development  law, in relation to the award of power for
          jobs electricity savings rebates (Part T)
 
          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 2004-2005
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified  as Parts A through T. 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 reference to  a  section
     8  "of  this  act", when used in connection with that particular component,
        S. 6059                             3                            A. 9559
 
     1  shall be deemed to mean and refer to the corresponding  section  of  the
     2  Part  in  which  it  is  found. Section three of this act sets forth the
     3  general effective date of this act.
 
     4                                   PART A
 
     5    Section 1. The dormitory authority of the state of New York is author-
     6  ized  to enter into an agreement with Cornell University for the support
     7  of operation of the parallel  computing  supercomputers  at  the  theory
     8  center  for supercomputers in connection with the business of the dormi-
     9  tory authority in an amount not to exceed $1,200,000 over amounts previ-
    10  ously authorized.
    11    § 2. This act shall take effect immediately and  shall  be  deemed  to
    12  have been in full force and effect on and after April 1, 2004.
 
    13                                   PART B
 
    14    Section  1.    The  sum of two hundred eighty-one million four hundred
    15  eighty-eight thousand dollars ($281,488,000),  or  so  much  thereof  as
    16  shall  be  necessary, and in addition to amounts previously appropriated
    17  by law, is hereby made available, in accordance with  subdivision  1  of
    18  section  380  of the public authorities law as amended, according to the
    19  following schedule.   Payments  pursuant  to  subdivision  (a)  of  this
    20  section  shall  be  made  available  as moneys become available for such
    21  payments. Payments pursuant to subdivisions (b) and (c) of this  section
    22  shall  be made available on the fifteenth day of June, September, Decem-
    23  ber and March or as soon thereafter as moneys become available for  such
    24  payments.  No  moneys  of  the state in the state treasury or any of its
    25  funds shall be available for payments pursuant to this section:
    26                                  SCHEDULE
    27    (a) Thirty-nine million seven hundred thousand  dollars  ($39,700,000)
    28  to municipalities for repayment of eligible costs of federal aid munici-
    29  pal street and highway projects pursuant to section 15 of chapter 329 of
    30  the  laws  of  1991, as added by section 9 of chapter 330 of the laws of
    31  1991, as amended. The department of transportation  shall  provide  such
    32  information  to  the  municipalities as may be necessary to maintain the
    33  federal tax exempt status of any  bonds,  notes,  or  other  obligations
    34  issued  by  such  municipalities to provide for the non-federal share of
    35  the cost of projects pursuant to chapter 330 of  the  laws  of  1991  or
    36  section 80-b of the highway law.
    37    (b)  Two  hundred  seventeen  million  nine  hundred  thousand dollars
    38  ($217,900,000) to counties, cities, towns and villages for reimbursement
    39  of eligible costs of local  highway  and  bridge  projects  pursuant  to
    40  sections  16  and  16-a  of chapter 329 of the laws of 1991, as added by
    41  section 9 of chapter 330 of the  laws  of  1991,  as  amended.  For  the
    42  purposes of computing allocations to municipalities, the amount distrib-
    43  uted  pursuant to section 16 of chapter 329 of the laws of 1991 shall be
    44  deemed to be $114,188,000.  The amount distributed pursuant  to  section
    45  16-a  of  chapter  329  of  the  laws  of  1991  shall  be  deemed to be
    46  $103,712,000.  Notwithstanding the provisions of any general or  special
    47  law,  the  amounts  deemed  distributed in accordance with section 16 of
    48  chapter 329 of the laws of 1991 shall be adjusted so that  such  amounts
    49  will  not  be less than 78.750 percent of the "funding level" as defined
    50  in subdivision 5 of section 10-c of the highway law for each such  muni-
    51  cipality.  In  order  to achieve the objectives of section 16 of chapter
    52  329 of the laws of 1991, to the extent necessary, the amounts in  excess
        S. 6059                             4                            A. 9559
 
     1  of  78.750 percent of the funding level to be deemed distributed to each
     2  municipality under this subdivision shall be reduced  in  equal  propor-
     3  tion.
     4    (c)  Twenty-three  million eight hundred eighty-eight thousand dollars
     5  ($23,888,000) to municipalities for reimbursement of eligible  costs  of
     6  local  highway  and  bridge projects pursuant to sections 16 and 16-a of
     7  chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
     8  the laws of 1991, as amended. For the purposes of computing  allocations
     9  to  municipalities,  the  amount  distributed  pursuant to section 16 of
    10  chapter 329 of the laws of 1991 shall be deemed to be  $30,812,000.  The
    11  amount  distributed  pursuant to section 16-a of chapter 329 of the laws
    12  of  1991  shall  be  deemed  to  be  $27,985,000.  Notwithstanding   the
    13  provisions of any general or special law, the amounts deemed distributed
    14  in  accordance  with section 16 of chapter 329 of the laws of 1991 shall
    15  be adjusted so that such amounts will not be less than 21.250 percent of
    16  the "funding level" as defined in subdivision 5 of section 10-c  of  the
    17  highway  law  for each such municipality. In order to achieve the objec-
    18  tives of section 16 of chapter 329 of the laws of 1991,  to  the  extent
    19  necessary,  the amounts in excess of 21.250 percent of the funding level
    20  to be deemed distributed to each municipality under this paragraph shall
    21  be reduced in equal proportion.   Finally,  amounts  deemed  distributed
    22  under  this  paragraph  shall not be paid to counties or the city of New
    23  York.  To the extent that the total  of  remaining  payment  allocations
    24  calculated  herein  varies from $23,888,000, the payment amounts to each
    25  locality shall be adjusted by a uniform percentage  so  that  the  total
    26  payments equal $23,888,000.
    27    § 2. Subdivision (b) of section 11 of chapter 329 of the laws of 1991,
    28  amending the state finance law and other laws relating to the establish-
    29  ment  of  the  dedicated  highway  and  bridge trust fund, as amended by
    30  section 2 of part A1 of chapter 62 of the laws of 2003,  is  amended  to
    31  read as follows:
    32    (b) Any service contract or contracts for projects authorized pursuant
    33  to  sections  10-c,  10-f,  10-g and 80-b of the highway law and section
    34  14-k of the transportation law, and entered into pursuant to subdivision
    35  (a) of this section, shall provide  for  state  commitments  to  provide
    36  annually  to  the  thruway  authority a sum or sums, upon such terms and
    37  conditions as shall be deemed appropriate by the director of the budget,
    38  to fund, or fund the debt service requirements of any bonds or any obli-
    39  gations of the thruway authority issued to fund such projects  having  a
    40  cost  not in excess of [$3,870.24] $3,894.13 million cumulatively by the
    41  end of fiscal year 2004-05.
    42    § 3. Section 3 of part K of chapter 61 of the laws of  2000,  amending
    43  the  public authorities law and chapter 329 of the laws of 1991 amending
    44  the state finance law and other laws relating to  the  establishment  of
    45  the  dedicated highway and bridge trust fund, as amended by section 3 of
    46  part A1 of chapter 62 of the  laws  of  2003,  is  amended  to  read  as
    47  follows:
    48    §  3.  The sum of two hundred fifty-seven million six hundred thousand
    49  dollars ($257,600,000), or so much thereof as shall be necessary, and in
    50  addition to amounts previously  appropriated  by  law,  is  hereby  made
    51  available, in accordance with subdivision 1 of section 380 of the public
    52  authorities  law  as  amended,  according  to  the  following  schedule.
    53  Payments pursuant to subdivision (a)  of  this  section  shall  be  made
    54  available  as moneys become available for such payments. Payments pursu-
    55  ant to subdivision (b) of this section shall be made  on  the  fifteenth
    56  day  of  June,  September,  December  and March or as soon thereafter as
        S. 6059                             5                            A. 9559
 
     1  moneys become available for such payments. No moneys of the state in the
     2  state treasury or any of its  funds  shall  be  available  for  payments
     3  pursuant to this section:
     4                                  SCHEDULE
     5    (a)  Thirty-nine  million seven hundred thousand dollars ($39,700,000)
     6  to municipalities for repayment of eligible costs of federal aid munici-
     7  pal street and highway projects pursuant to section 15 of chapter 329 of
     8  the laws of 1991, as added by section 9 of chapter 330 of  the  laws  of
     9  1991,  as amended.   The department of transportation shall provide such
    10  information to the municipalities as may be necessary  to  maintain  the
    11  federal  tax  exempt  status  of  any bonds, notes, or other obligations
    12  issued by such municipalities to provide for the  non-federal  share  of
    13  the  cost  of  projects  pursuant  to chapter 330 of the laws of 1991 or
    14  section 80-b of the highway law.
    15    The program authorized pursuant to section 15 of chapter  329  of  the
    16  laws  of 1991, as added by section 9 of chapter 330 of the laws of 1991,
    17  as amended, shall additionally make payments for reimbursement according
    18  to the following schedule:
    19                 State Fiscal Year             Amount
    20                 2001-02                       $39,700,000
    21                 2002-03                       $39,700,000
    22                 2003-04                       $39,700,000
    23                 2004-05                       $39,700,000
    24    (b) Two  hundred  seventeen  million  nine  hundred  thousand  dollars
    25  ($217,900,000) to counties, cities, towns and villages for reimbursement
    26  of  eligible  costs  of  local  highway  and bridge projects pursuant to
    27  sections 16 and 16-a of chapter 329 of the laws of  1991,  as  added  by
    28  section  9  of  chapter  330  of  the  laws of 1991, as amended. For the
    29  purposes of computing allocations to municipalities, the amount distrib-
    30  uted pursuant to section 16 of chapter 329 of the laws of 1991 shall  be
    31  deemed  to  be $114,188,000.  The amount distributed pursuant to section
    32  16-a of chapter  329  of  the  laws  of  1991  shall  be  deemed  to  be
    33  $103,712,000.  Notwithstanding  the provisions of any general or special
    34  law, the amounts deemed distributed in accordance  with  section  16  of
    35  chapter  329  of the laws of 1991 shall be adjusted so that such amounts
    36  will not be less than 78.750 percent of the "funding level"  as  defined
    37  in  subdivision 5 of section 10-c of the highway law for each such muni-
    38  cipality. In order to achieve the objectives of section  16  of  chapter
    39  329  of the laws of 1991, to the extent necessary, the amounts in excess
    40  of 78.750 percent of the funding level to be deemed distributed to  each
    41  municipality under this paragraph shall be reduced in equal proportion.
    42    The program authorized pursuant to sections 16 and 16-a of chapter 329
    43  of the laws of 1991, as added by section 9 of chapter 330 of the laws of
    44  1991,  as  amended,  shall  additionally make payments for reimbursement
    45  according to the following schedule:
    46                 State Fiscal Year             Amount
    47                 2001-02                       $217,900,000
    48                 2002-03                       $241,788,000
    49                 2003-04                       $276,697,000
    50                 2004-05                       $[217,900,000] $241,788,000
    51    § 4. This act shall take effect immediately and  shall  be  deemed  to
    52  have been in full force and effect on and after April 1, 2004.
 
    53                                   PART C
        S. 6059                             6                            A. 9559
 
     1    Section 1. Paragraph (a) of subdivision 15 of section 385 of the vehi-
     2  cle  and  traffic law, as amended by chapter 659 of the laws of 1995, is
     3  amended to read as follows:
     4    (a) The commissioner of transportation is hereby authorized to contin-
     5  ue  to  grant permits, and to charge fees therefor, for the operation or
     6  movement of a vehicle or  combination  of  vehicles  having  weights  or
     7  dimensions  which  exceed  the  limitations provided for in this section
     8  upon any highway under his or her jurisdiction except in  any  city  not
     9  wholly  included  within  one  county.  Such  permits shall be issued in
    10  accordance with the terms and conditions contained in  rules  and  regu-
    11  lations  governing  special  hauling permits which have been or shall be
    12  promulgated by the commissioner of transportation and which may include,
    13  but not be limited to, a requirement that a vehicle  or  combination  of
    14  vehicles  being  issued  a  permit  shall  be accompanied by one or more
    15  escort vehicles which is being operated by an individual having a  valid
    16  escort  certificate  issued  by  the  commissioner.  The commissioner of
    17  transportation is authorized to promulgate rules and regulations govern-
    18  ing the operation, use and equipment of escort vehicles and  the  duties
    19  and  responsibilities  of the operator of an escort vehicle. Any finding
    20  by the commissioner of transportation that an  individual  has  violated
    21  such  rules  and regulations shall be grounds for the cancellation of an
    22  individual's escort certificate and a penalty not to exceed five hundred
    23  dollars per occurrence for the first violation and  not  to  exceed  one
    24  thousand  dollars per occurrence for each subsequent violation. Prior to
    25  issuing such a finding, the commissioner of transportation shall  afford
    26  an  individual  the  right  to a hearing pursuant to section one hundred
    27  forty-five of the transportation law.  Such rules and regulations  shall
    28  take  into consideration, but shall not be limited to, the safety of the
    29  traveling public and the protection of the highways and the environment.
    30  Such rules and regulations shall also contain a schedule of fees  to  be
    31  charged  for  the  issuance  of such permits which fees shall cover, but
    32  shall not be limited to, the costs to the department  of  transportation
    33  for  the  administration  of  the  permit  program, and shall permit the
    34  commissioner of transportation to levy  a  surcharge  of  up  to  twenty
    35  dollars  for the issuance and distribution of special hauling permits at
    36  regional offices of the department of transportation. The annual vehicle
    37  fee for a permit issued pursuant to subparagraphs (i), (ii), (ii-a)  and
    38  (iii)  of paragraph (f) of this subdivision shall be three hundred sixty
    39  dollars for vehicles with less than  five  axles  [and],  seven  hundred
    40  fifty  dollars  for  vehicles  with  five  or  [more] six axles and nine
    41  hundred dollars for vehicles with seven or more axles.  The annual vehi-
    42  cle fee for a permit issued pursuant to  subparagraphs  (iv),  (v),  and
    43  (vi)  of  paragraph (f) of this subdivision shall be four hundred eighty
    44  dollars for vehicles with less than five axles and one thousand  dollars
    45  for  vehicles  with  five or more axles.  Additionally, the commissioner
    46  shall establish a fee schedule for the  permitting  of  extra  non-power
    47  combination  units  that  may not exceed twenty-five dollars per vehicle
    48  and may offer discounts for multi-trailer registrations. Such fees shall
    49  not be charged to municipalities in this state. If the permit has  rout-
    50  ing  requirements,  such rules and regulations shall provide that if the
    51  routing anticipates the use of highways not under  the  jurisdiction  of
    52  the  commissioner  of  transportation,  then he or she shall immediately
    53  notify the municipality or municipalities, having jurisdiction over such
    54  highway that an application for a permit has been received  and  request
    55  comment  thereon.    Said  municipality or municipalities shall not have
    56  less than fifteen days to comment. Such rules and regulations shall also
        S. 6059                             7                            A. 9559
 
     1  contain any other requirements deemed necessary by the  commissioner  of
     2  transportation.
     3    § 2. Paragraph (f) of subdivision 15 of section 385 of the vehicle and
     4  traffic law, as amended by chapter 656 of the laws of 1993 and the open-
     5  ing  paragraph  as amended by chapter 83 of the laws of 2000, is amended
     6  to read as follows:
     7    (f) The department of transportation, or other issuing authority,  may
     8  issue  an  annual permit for a vehicle designed and constructed to carry
     9  loads that are not of one piece or item, which  is  registered  in  this
    10  state.   Motor carriers having apportioned vehicles registered under the
    11  international registration plan  must  either  have  a  currently  valid
    12  permit at the time this provision becomes effective or shall have desig-
    13  nated New York as its base state or one of the eligible jurisdictions of
    14  operation  under  the  international  registration  plan  in order to be
    15  eligible to receive a permit issued pursuant to subparagraph  (i)  [or],
    16  (ii) or (ii-a) of this paragraph.
    17    Effective  January first, two thousand five, no vehicle or combination
    18  of vehicles issued a permit pursuant to this  paragraph  shall  cross  a
    19  bridge designated as an R-posted bridge by the commissioner of transpor-
    20  tation  or  any other permit issuing authority absent a determination by
    21  such commissioner or permit issuing authority that the permit  applicant
    22  has  demonstrated  special circumstances warranting the crossing of such
    23  bridge or bridges and a determination by  such  commissioner  or  permit
    24  issuing  authority  that  such  bridge or bridges may be crossed safely,
    25  provided, however, that in no event shall a vehicle  or  combination  of
    26  vehicles  issued  a  permit under this paragraph be permitted to cross a
    27  bridge designated as an R-posted bridge if such vehicle  or  combination
    28  of  vehicles  has a maximum gross weight exceeding one hundred two thou-
    29  sand pounds.
    30    No vehicle having a model year of two thousand five or newer shall  be
    31  issued  a  permit  pursuant  to  this paragraph unless each axle of such
    32  vehicle or combination of vehicles, other than  steerable  or  trackable
    33  axles,  is  equipped  with  two  tires on each side of the axle, any air
    34  pressure controls for lift axles are located  outside  the  cab  of  the
    35  vehicle and are beyond the reach of occupants of the cab while the vehi-
    36  cle  is  in  motion,  the weight on any grouping of two or more axles is
    37  distributed such that no axle in the grouping carries less  than  eighty
    38  percent  of  any  other  axle  in  the grouping and any liftable axle is
    39  steerable or trackable; and, further provided,  after  December  thirty-
    40  first, two thousand fourteen, no permit shall be issued pursuant to this
    41  paragraph to a vehicle of any model year that does not meet the require-
    42  ments of this provision, except that such permits may be issued prior to
    43  January  first,  two thousand twenty to a vehicle that does not meet the
    44  requirement concerning axle grouping weight distribution, but meets  all
    45  other requirements of this section.
    46    A divisible load permit may only be transferred to a replacement vehi-
    47  cle  by the same registrant or transferred with the permitted vehicle as
    48  part of the sale or transfer of the permit holder's business; or, if the
    49  divisible load permit is issued pursuant to subparagraph  (iv),  (v)  or
    50  (vi) of this paragraph and has been effective for the five years preced-
    51  ing  a  transfer  of such permit, the permit may be transferred with the
    52  permitted vehicle in the sale of the permitted vehicle to the holder  of
    53  a permit issued pursuant to subparagraph (iv), (v) or (vi) of this para-
    54  graph.
    55    If  a  permit  holder operates a vehicle or combination of vehicles in
    56  violation of any posted weight restriction, the permit  issued  to  such
        S. 6059                             8                            A. 9559
 
     1  vehicle  or  combination of vehicles shall be deemed void as of the next
     2  day and shall not be reissued for a period of twelve calendar months.
     3    Until  June  thirtieth,  nineteen  hundred  ninety-four,  no more than
     4  sixteen thousand power units shall  be  issued  annual  permits  by  the
     5  department  for  any  twelve-month  period in accordance with this para-
     6  graph. After June thirtieth, nineteen hundred ninety-four, no more  than
     7  sixteen thousand five hundred power units shall be issued annual permits
     8  by  the  department  for any twelve-month period. After December thirty-
     9  first, nineteen hundred ninety-five, no  more  than  seventeen  thousand
    10  power  units  shall  be  issued annual permits by the department for any
    11  twelve-month period.  After December thirty-first, two  thousand  three,
    12  no  more  than  twenty-one  thousand  power units shall be issued annual
    13  permits by the department for any twelve-month  period.  After  December
    14  thirty-first,  two thousand five, no more than twenty-two thousand power
    15  units shall be issued annual permits by the department for  any  twelve-
    16  month  period.    After December thirty-first, two thousand six, no more
    17  than twenty-three thousand power units shall be issued annual permits by
    18  the department for any twelve-month period. After December thirty-first,
    19  two thousand seven, no more than twenty-four thousand power units  shall
    20  be  issued annual permits by the department for any twelve-month period.
    21  After December thirty-first, two thousand eight, no  more  than  twenty-
    22  five  thousand power units shall be issued annual permits by the depart-
    23  ment for any twelve-month period.
    24    Whenever permit application requests exceed permit  availability,  the
    25  department  shall  renew  annual permits that have been expired for less
    26  than four years which meet program requirements, and  then  shall  issue
    27  permit  applicants  having  less  than three divisible load permits such
    28  additional permits as the applicant  may  request,  providing  that  the
    29  total  of  existing  and  new  permits does not exceed three.  Remaining
    30  permits shall be allocated by  lottery  in  accordance  with  procedures
    31  established by the commissioner in rules and regulations.
    32    The  department  of  transportation  may issue a seasonal agricultural
    33  permit in accordance with subparagraphs (i),  (ii)  and  (iii)  of  this
    34  paragraph  that  will  be  valid  for four consecutive months with a fee
    35  equal to one-half the annual permit fees established under this subdivi-
    36  sion.
    37    For a vehicle issued a permit in accordance with subparagraphs  (iii),
    38  (iv),  (v)  and  (vi)  of  this paragraph, such a vehicle must have been
    39  registered in this state prior to January first, nineteen hundred eight-
    40  y-six or be a vehicle or combination of vehicles which replace such type
    41  of vehicle which was  registered  in  this  state  prior  to  such  date
    42  provided that the manufacturer's recommended maximum gross weight of the
    43  replacement  vehicle  or  combination  of  vehicles  does not exceed the
    44  weight for which a permit may be issued  and  the  maximum  load  to  be
    45  carried  on  the replacement vehicle or combination of vehicles does not
    46  exceed the maximum load which could have been  carried  on  the  vehicle
    47  being  replaced  or  the registered weight of such vehicle, whichever is
    48  lower, in accordance with the following subparagraphs:
    49    (i) A permit may be issued for a vehicle having at least  three  axles
    50  and  a  wheelbase  not  less  than sixteen feet and for a vehicle with a
    51  trailer not exceeding forty-eight feet. The maximum gross weight of such
    52  a vehicle shall not exceed forty-two thousand five hundred  pounds  plus
    53  one  thousand  two hundred fifty pounds for each foot and major fraction
    54  of a foot of the distance from the center of the foremost  axle  to  the
    55  center  of the rearmost axle, or one hundred two thousand pounds, which-
    56  ever is more restrictive provided, however, that  any  four  axle  group
        S. 6059                             9                            A. 9559
 
     1  weight shall not exceed sixty-two thousand pounds, any tridem axle group
     2  weight  shall  not  exceed  fifty-seven thousand pounds, any tandem axle
     3  weight does not exceed forty-seven thousand pounds and any  single  axle
     4  weight shall not exceed twenty-five thousand pounds.
     5    Any  additional  special authorizations contained in a currently valid
     6  annual permit shall cease upon the expiration  of  such  current  annual
     7  permit.
     8    (ii) A permit may be issued subject to bridge restrictions for a vehi-
     9  cle  or  a combination of vehicles having at least six axles and a wheel
    10  base of at least thirty-six and one-half feet. The maximum gross  weight
    11  of  such vehicle or combination of vehicles shall not exceed one hundred
    12  seven thousand pounds and any tridem axle group weight shall not  exceed
    13  fifty-eight  thousand  pounds and any tandem axle group weight shall not
    14  exceed forty-eight thousand pounds.
    15    (ii-a) A permit may be issued subject to  bridge  restrictions  for  a
    16  combination  of  vehicles having at least seven axles and a wheelbase of
    17  at least forty-three feet. The maximum gross weight of such  combination
    18  of  vehicles shall not exceed one hundred seventeen thousand pounds, any
    19  four axle group weight shall not exceed sixty-three thousand pounds, any
    20  tridem axle group weight shall not exceed fifty-eight  thousand  pounds,
    21  any  tandem  axle  group  weight  shall  not exceed forty-eight thousand
    22  pounds, and any single axle weight shall not exceed twenty-five thousand
    23  pounds.
    24    Each axle of such combination of vehicles,  other  than  steerable  or
    25  trackable  axles,  shall  be equipped with two tires on each side of the
    26  axle, any air pressure controls for lift axles shall be located  outside
    27  the  cab of the combination of vehicles and shall be beyond the reach of
    28  occupants of the cab while the combination of vehicles is in motion, the
    29  weight on any grouping of two or more axles shall  be  distributed  such
    30  that  no  axle  in  the grouping carries less than eighty percent of any
    31  other axle in the grouping, and any liftable axle of such combination of
    32  vehicles shall be steerable or trackable.
    33    (iii) A permit may be issued for a vehicle  having  two  axles  and  a
    34  wheelbase  not  less than ten feet, with the maximum gross weight not in
    35  excess of one hundred twenty-five percent of the total weight limitation
    36  as set forth in subdivision ten  of  this  section.  Furthermore,  until
    37  December  thirty-first,  nineteen  hundred  ninety-four, any single rear
    38  axle weight shall not exceed twenty-eight thousand pounds. After  Decem-
    39  ber  thirty-first,  nineteen  hundred ninety-four, any axle weight shall
    40  not exceed twenty-seven thousand pounds.
    41    (iv) Within a city not wholly included within one county and the coun-
    42  ties of Westchester,  Rockland,  Nassau,  Suffolk,  Putnam,  Orange  and
    43  Dutchess,  a  permit  may  be issued for a vehicle having at least three
    44  axles and a wheelbase not exceeding forty-four feet nor less than seven-
    45  teen feet or for a vehicle with a trailer not exceeding forty feet.
    46    Until December thirty-first, nineteen hundred  ninety-four,  a  permit
    47  may  only be issued for such a vehicle having a maximum gross weight not
    48  exceeding eighty-two thousand pounds and any tandem  axle  group  weight
    49  shall not exceed sixty-two thousand pounds.
    50    After  January  first,  nineteen hundred ninety-five, the operation of
    51  such a vehicle shall be further limited and a permit may only be  issued
    52  for  such a vehicle having a maximum gross weight not exceeding seventy-
    53  nine thousand pounds and any tandem axle group weight shall  not  exceed
    54  fifty-nine  thousand  pounds, and any tridem shall not exceed sixty-four
    55  thousand pounds.
        S. 6059                            10                            A. 9559
 
     1    A permit may be issued  only  until  December  thirty-first,  nineteen
     2  hundred  ninety-four  for  a  vehicle  having at least three axles and a
     3  wheelbase between fifteen and seventeen feet. The maximum  gross  weight
     4  of  such  a  vehicle shall not exceed seventy-three thousand two hundred
     5  eighty  pounds  and any tandem axle group weight shall not exceed fifty-
     6  four thousand pounds.
     7    No vehicle having a model year of two thousand six or newer  shall  be
     8  issued a permit pursuant to this subparagraph unless it is equipped with
     9  at  least four axles, and further provided, after December thirty-first,
    10  two thousand fourteen, no  permit  shall  be  issued  pursuant  to  this
    11  subparagraph  to  a  vehicle  of  any  model  year unless the vehicle is
    12  equipped with at least four axles.
    13    (v) Within a city not wholly included within one county and the  coun-
    14  ties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange or Dutch-
    15  ess,  a  permit may be issued only until December thirty-first, nineteen
    16  hundred ninety-nine for a vehicle or combination of  vehicles  that  has
    17  been permitted within the past four years having five axles and a wheel-
    18  base  of at least thirty-six and one-half feet. The maximum gross weight
    19  of such a vehicle or  combination  of  vehicles  shall  not  exceed  one
    20  hundred  five thousand pounds and any tandem axle group weight shall not
    21  exceed fifty-one thousand pounds.
    22    Within a city not wholly included within one county and  the  counties
    23  of  Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess,
    24  a permit may be issued for a vehicle or combination of  vehicles  having
    25  at least five axles and a wheelbase of at least thirty feet. The maximum
    26  gross weight of such vehicle or combination of vehicles shall not exceed
    27  ninety-three  thousand pounds and any tridem axle group weight shall not
    28  exceed fifty-seven thousand pounds and  any  tandem  axle  group  weight
    29  shall not exceed forty-five thousand pounds.
    30    (vi) Within a city not wholly included within one county and the coun-
    31  ties  of  Westchester,  Rockland,  Nassau,  Suffolk,  Putnam, Orange and
    32  Dutchess, a permit may be issued for a vehicle or combination  of  vehi-
    33  cles  having  at  least  five  axles or more and a wheelbase of at least
    34  thirty-six and one-half feet,  provided  such  permit  contains  routing
    35  restrictions.
    36    Until December thirty-first, nineteen hundred ninety-four, the maximum
    37  gross  weight  of  a  vehicle or combination of vehicles permitted under
    38  this subparagraph shall not exceed one hundred  twenty  thousand  pounds
    39  and  any  tandem or tridem axle group weight shall not exceed sixty-nine
    40  thousand pounds, provided, however,  that  any  replacement  vehicle  or
    41  combination  of  vehicles  permitted  after  the  effective date of this
    42  subparagraph shall have at least six axles, any tandem axle group  shall
    43  not  exceed  fifty  thousand  pounds and any tridem axle group shall not
    44  exceed sixty-nine thousand pounds.
    45    After December thirty-first, nineteen hundred ninety-four, the  tridem
    46  axle  group  weight  of  any vehicle or combination of vehicles issued a
    47  permit under this subparagraph shall  not  exceed  sixty-seven  thousand
    48  pounds,  any  tandem  axle  group weight shall not exceed fifty thousand
    49  pounds and any single axle weight shall not exceed twenty-five  thousand
    50  seven hundred fifty pounds.
    51    After  December  thirty-first, nineteen hundred ninety-nine, all vehi-
    52  cles issued a permit under this subparagraph  must  have  at  least  six
    53  axles.
    54    After  December  thirty-first, two thousand fourteen, all combinations
    55  of vehicles issued a permit under this subparagraph must have  at  least
    56  seven axles and a wheelbase of at least forty-three feet.
        S. 6059                            11                            A. 9559
 
     1    After  December  thirty-first,  two  thousand six, no permits shall be
     2  issued under this subparagraph for a vehicle or combination of  vehicles
     3  having  less  than seven axles or having a wheelbase of less than forty-
     4  three feet, provided, however, that permits may be issued  for  vehicles
     5  or combinations of vehicles where the permit applicant demonstrates that
     6  the  applicant  acquired the vehicle or combination of vehicles prior to
     7  December thirty-first, two thousand six, and  that  if  the  vehicle  or
     8  combination  of  vehicles was acquired by the applicant after the effec-
     9  tive date of this provision, such vehicle or combination of vehicles  is
    10  less than fifteen years old. In instances where the application is for a
    11  combination  of vehicles, the applicant shall demonstrate that the power
    12  unit of such combination satisfies the conditions of this  subparagraph.
    13  In no event shall a permit be issued under this subparagraph for a vehi-
    14  cle  or combination of vehicles having less than seven axles or having a
    15  wheelbase of less than forty-three feet after December thirty-first, two
    16  thousand fourteen.
    17    Except as otherwise provided  by  this  subparagraph  for  the  period
    18  ending  December  thirty-first,  two  thousand  fourteen, after December
    19  thirty-first, two thousand three, any combination of vehicles  issued  a
    20  permit under this subparagraph shall not exceed one hundred twenty thou-
    21  sand  pounds, shall have at least seven axles, shall have a wheelbase of
    22  at least forty-three feet, and single axle weight shall not exceed twen-
    23  ty-five thousand seven hundred  fifty  pounds,  any  tandem  axle  group
    24  weight  shall  not  exceed  forty-eight thousand pounds, any tridem axle
    25  group weight shall not exceed sixty-three thousand pounds and  any  four
    26  axle group shall not exceed sixty-five thousand pounds.
    27    From  the  date  of  enactment  of this paragraph, permit applications
    28  under subparagraphs (i), (ii), (ii-a), (iii), (iv), (v) and (vi)  [here-
    29  of]  of  this  paragraph  for  vehicles  registered in this state may be
    30  honored by the  commissioner  of  transportation  or  other  appropriate
    31  authority.  The  commissioner  of  transportation  and other appropriate
    32  authorities may confer and develop a  system  through  rules  and  regu-
    33  lations to assure compliance herewith.
    34    §  3.  Subdivision 15 of section 385 of the vehicle and traffic law is
    35  amended by adding two new paragraphs (j) and (k) to read as follows:
    36    (j) The commissioner of transportation is authorized to conduct  hear-
    37  ings  with  regard to the issuance or revocation of any permit issued by
    38  the commissioner of transportation pursuant to this section and relating
    39  to the violation of any condition applicable to such permit as  provided
    40  in  subdivision three of section one hundred forty-five of the transpor-
    41  tation law. If a permit issued by the department  of  transportation  is
    42  seized  and  the  holder  of  the  permit makes a written request to the
    43  department of transportation for a hearing, the commissioner  of  trans-
    44  portation  shall schedule a hearing within twenty days of the receipt of
    45  such request.
    46    (k) Any permit issued pursuant to this section that is seized shall be
    47  forwarded to the issuing authority as soon as practicable.
    48    § 4. Subdivision 19 of section 385 of the vehicle and traffic  law  is
    49  REPEALED and a new subdivision 19 is added to read as follows:
    50    19.  (a) (i) A violation of the provisions of subdivision eight, nine,
    51  or ten of this section by any vehicle or combination of  vehicles  whose
    52  weight exceeds the weight limitations as set forth in this section, or a
    53  violation  of  such  rules  and  regulations,  or  a  violation  of  the
    54  provisions of the rules or regulations of the city department of  trans-
    55  portation  in a city not wholly included within one county setting forth
    56  the maximum allowable gross weight, axle weight, or axle grouping weight
        S. 6059                            12                            A. 9559
 
     1  for the operation of a vehicle in such city without a  permit  for  such
     2  vehicle,  by any vehicle or combination of vehicles whose weight exceeds
     3  the weight limitations as set forth in this section or  such  rules  and
     4  regulations,  or  a  violation  of  the  weight limitations specified by
     5  permit issued pursuant to subdivision fifteen of this section  shall  be
     6  punishable  by  fines  levied  on the registered owner of the vehicle or
     7  vehicles, whether at the time of the violation the vehicle  was  in  the
     8  charge  of  the  registered  owner,  or the owner's agent, or lessee, in
     9  accordance with the following schedule:
 
    10    Percent of excess weight                                Amount of fine
    11    (percentage)                                                (dollars)
    12    greater than                  less than or equal to
    13          0                            2.0                            150
    14          2.0                          4.0                            300
    15          4.0                          6.0                            450
    16          6.0                          7.0                            525
    17          7.0                          8.0                            600
    18          8.0                         10.0                            750
    19         10.0                         12.0                            950
    20         12.0                         14.0                          1,150
    21         14.0                         16.0                          1,350
    22         16.0                         18.0                          1,550
    23         18.0                         20.0                          1,750
    24         20.0                         22.0                          1,950
    25         22.0                         24.0                          2,150
    26         24.0                         26.0                          2,350
    27         26.0                         28.0                          2,550
    28         28.0                         30.0                          2,750
    29         30.0                         32.0                          2,950
    30         32.0                         34.0                          3,150
    31         34.0                         36.0                          3,350
    32         36.0                         38.0                          3,550
    33         38.0                         40.0                          3,750
    34         40.0                                                       3,750
    35         or greater                                         plus $125 for
    36                                                             each percent
    37                                                          over 40 percent
 
    38  (NOTE: Where the total weight or axle or axle grouping weight is greater
    39  than four percent including any applicable enforcement  scale  tolerance
    40  in  excess  of  the  limits  specified  by a permit in a city not wholly
    41  included in  one  county  or  seven  percent  including  any  applicable
    42  enforcement  scale  tolerance  in  excess  of  the limits specified by a
    43  permit in areas outside such a city, the permit shall be  deemed  voided
    44  and  then  the amount of fine shall be determined in accordance with the
    45  maximum weight which would have been in effect for the operation of such
    46  vehicle if the permit  to  exceed  such  maximum  weight  had  not  been
    47  issued.)
    48    (ii)  Notwithstanding  subparagraph (i) of this paragraph and only for
    49  violations by a vehicle having three or fewer axles and issued a  permit
    50  pursuant to subparagraph (iv) of paragraph (f) of subdivision fifteen of
    51  this  section  or  by a vehicle or combination of vehicles having six or
    52  fewer axles and issued a permit pursuant to subparagraph (vi)  of  para-
    53  graph  (f)  of  subdivision  fifteen of this section, a violation of the
    54  provisions of subdivision ten of this  section  in  a  city  not  wholly
        S. 6059                            13                            A. 9559
 
     1  included  within  one  county or of the provisions of the rules or regu-
     2  lations of the city department of transportation of  such  city  setting
     3  forth the maximum allowable gross weight for the operation of such vehi-
     4  cle  or  combination  of vehicles in such city without a permit for such
     5  vehicle or combination of vehicles, by such vehicle  or  combination  of
     6  vehicles whose weight exceeds the weight limitations (excluding enforce-
     7  ment scale tolerance as certified by the state department of agriculture
     8  and  markets)  as  set  forth  in  this section, or such rules and regu-
     9  lations, or the weight limitations specified by permit  issued  pursuant
    10  to  subdivision  fifteen  of  this  section shall be punishable by fines
    11  levied on the registered owner of the vehicle or  vehicles,  whether  at
    12  the  time  of  the violation the vehicle was in the charge of the regis-
    13  tered owner, or his or her agent, or  lessee,  in  accordance  with  the
    14  following schedule:
 
    15            Excess total weight                          Amount of fine
    16            (pounds)                                     (dollars)
    17            greater than        less than or equal to
    18                 0               2,000                      50
    19             2,000               3,000                      75
    20             3,000               4,000                     100
    21             4,000               5,000                     200
    22             5,000               6,000                     300
    23             6,000               7,000                     400
    24             7,000               8,000                     500
    25             8,000               9,000                     600
    26             9,000              10,000                     700
    27            10,000              15,000                   1,200
    28            15,000              20,000                   1,700
    29            20,000              25,000                   2,200
    30            25,000              30,000                   2,700
    31            30,000              35,000                   3,200
    32            35,000              40,000                   3,700
    33            40,000              45,000                   4,200
    34            45,000              50,000 or greater        4,700
    35    (NOTE:  Where  the total weight (excluding enforcement scale tolerance
    36  as certified by the state department  of  agriculture  and  markets)  is
    37  greater  than  the  limits  specified  by  a permit, the permit shall be
    38  deemed voided and then the amount of fine shall be determined in accord-
    39  ance with the maximum weight which would have been  in  effect  for  the
    40  operation  of  such  vehicle if the permit to exceed such maximum weight
    41  had not been issued.)
    42    (iii) Notwithstanding subparagraph (i) of this paragraph and only  for
    43  violations  by a vehicle having three or fewer axles and issued a permit
    44  pursuant to subparagraph (iv) of paragraph (f) of subdivision fifteen of
    45  this section or by a vehicle or combination of vehicles  having  six  or
    46  fewer  axles  and issued a permit pursuant to subparagraph (vi) of para-
    47  graph (f) of subdivision fifteen of this section,  a  violation  of  the
    48  provisions  of subdivisions eight and nine of this section in a city not
    49  wholly included within one county or of the provisions of the  rules  or
    50  regulations  of  the  city  department  of  transportation  of such city
    51  setting forth the maximum allowable axle or tandem axle weight  for  the
    52  operation  of such vehicle or combination of vehicles in such city with-
    53  out a permit for such vehicle or combination of vehicles, by such  vehi-
    54  cle  or  combination of vehicles whose weight exceeds the weight limita-
    55  tions (excluding enforcement scale tolerance as certified by  the  state
        S. 6059                            14                            A. 9559
 
     1  department  of agriculture and markets) as set forth in this section, or
     2  such rules or regulations, or the weight limitations specified by permit
     3  issued pursuant to subdivision fifteen of this section shall be punisha-
     4  ble  by fines levied on the registered owner of the vehicle or vehicles,
     5  whether at the time of the violation the vehicle was in  the  charge  of
     6  the registered owner, or his or her agent, or lessee, in accordance with
     7  the following schedule:
 
     8  Percentage of excess                            Amount of fine
     9  weight (percentage)                             (dollars)
    10  greater than            less than or equal to
 
    11          0.0                        5.0                 100
    12          5.0                       10.0                 200
    13         10.0                       15.0                 350
    14         15.0                       20.0                 600
    15         20.0                       25.0               1,000
    16         25.0                       30.0               1,600
    17         30.0                       35.0               2,450
    18         35.0                       40.0               3,600
    19         40.0                       45.0               5,100
    20         45.0                                          7,000
 
    21    (NOTE:  Where  the  axle  or axles weight (excluding enforcement scale
    22  tolerance as certified  by  the  state  department  of  agriculture  and
    23  markets)  is  greater  than the limits specified by a permit, the permit
    24  shall be deemed voided and then the amount of fine shall  be  determined
    25  in  accordance  with  the maximum weight which would have been in effect
    26  for the operation of such vehicle if the permit to exceed  such  maximum
    27  weight had not been issued.)
    28    (b) In addition to the fines imposed by paragraph (a) of this subdivi-
    29  sion,  the registration of the vehicle may be suspended for a period not
    30  to exceed one year, whether at the time of the violation of this section
    31  the vehicle was in charge of the owner or the owner's agent, or  lessee.
    32  The  provisions  of section five hundred ten of this chapter shall apply
    33  to such suspension, except as otherwise provided herein.
    34    (c) If the vehicle is the subject of a permit issued pursuant to para-
    35  graph (f) of subdivision fifteen of this section and if  the  registered
    36  owner  of  a  vehicle  fails  to appear on the return date or subsequent
    37  adjourned date of a summons, appearance ticket or  notice  of  violation
    38  issued  pursuant  to  this  subdivision  or  fails to pay a fine imposed
    39  pursuant to this subdivision, the registration of  the  vehicle  or  the
    40  privilege  of operating the vehicle in this state shall be suspended for
    41  a period not to exceed one year. The suspension shall remain  in  effect
    42  until  the  registered  owner's  appearance  or payment of the fine. The
    43  commissioner or the commissioner's agent may deny a registration  appli-
    44  cation  of  any other person for the same vehicle where the commissioner
    45  has reasonable grounds to believe that such registration will  have  the
    46  effect of defeating the purpose of this paragraph.
    47    (d) Except for violations to which the penalties set forth in subpara-
    48  graph  (ii)  or  (iii)  of  paragraph  (a) of this subdivision apply, in
    49  connection with the weighing of a vehicle or combination of vehicles, if
    50  it is found that there is a violation of subdivision ten of this section
    51  and also of subdivision eight or nine of this section, or both  subdivi-
    52  sions  eight  and  nine  of  this  section, there shall be a single fine
        S. 6059                            15                            A. 9559
 
     1  imposed and the maximum amount of such fine shall not exceed the highest
     2  fine that could be imposed under this subdivision.
     3    §  5.    This act shall take effect immediately and shall be deemed to
     4  have been in full force and effect on and after April 1, 2004; provided,
     5  further, that sections three and four of this act shall take  effect  on
     6  the ninetieth day after this act shall have become a law.
 
     7                                   PART D
 
     8    Section  1.  Section  3  of  part I of chapter 62 of the laws of 2003,
     9  amending the vehicle and traffic  law  relating  to  requiring  criminal
    10  history checks, is amended to read as follows:
    11    §  3.  This  act  shall  take effect [immediately] on the same date as
    12  regulations of the federal transportation safety administration  promul-
    13  gated pursuant to 49 CFR 1570 and 1572 regarding criminal history checks
    14  for  holders of hazardous material endorsements take effect, except that
    15  where this act shall conflict with or duplicate the provisions  of  such
    16  regulations,  such regulations shall supersede the conflicting or dupli-
    17  cative provisions of this act.
    18    § 2. This act shall take effect immediately; provided that the commis-
    19  sioner of motor vehicles shall  notify  the  legislative  bill  drafting
    20  commission  upon  the  occurrence  of  the  enactment of the legislation
    21  provided for in section one of this act in order that the commission may
    22  maintain an accurate and timely effective data base of the official text
    23  of the laws of the state of New York in  furtherance  of  effecting  the
    24  provisions  of section 44 of the legislative law and section 70-b of the
    25  public officers law.
 
    26                                   PART E
 
    27    Section 1. The vehicle and traffic law is  amended  by  adding  a  new
    28  section 1199 to read as follows:
    29    § 1199. Driver responsibility assessment. 1. In addition to any fines,
    30  fees,  penalties  and surcharges authorized by law, any person convicted
    31  of a violation of any subdivision of section eleven  hundred  ninety-two
    32  of  this article, or any person found to have refused a chemical test in
    33  accordance with section eleven hundred ninety-four of this  article  not
    34  arising  out of the same incident as a conviction for a violation of any
    35  of the provisions of section eleven hundred ninety-two of this  article,
    36  shall  become liable to the department for payment of a driver responsi-
    37  bility assessment as provided in this section.
    38    2. The amount of  the  driver  responsibility  assessment  under  this
    39  section shall be one thousand dollars per year for a three-year period.
    40    3.  Upon  receipt  of  evidence that a person is liable for the driver
    41  responsibility assessment required by  this  section,  the  commissioner
    42  shall  notify  such  person  by  first class mail to the address of such
    43  person on file with the department or at the current address provided by
    44  the United States postal service of the amount of  such  assessment  and
    45  the time and manner of making required payments.
    46    4.  If a person shall fail to pay any driver responsibility assessment
    47  as provided  in  this  section,  the  commissioner  shall  suspend  such
    48  person's  driver's  license  or  privilege  of obtaining a license. Such
    49  suspension shall remain in effect until any and all  outstanding  driver
    50  responsibility assessments have been paid in full.
    51    5.  The  provisions  of  this  section shall also be applicable to any
    52  person convicted of any violation of section forty-nine-a of the naviga-
        S. 6059                            16                            A. 9559
 
     1  tion law, any person convicted of a violation of section  25.24  of  the
     2  parks,  recreation and historic preservation law, or any person found to
     3  have  refused  a  chemical  test  in  accordance  with  the   applicable
     4  provisions  of  either  the  navigation law or the parks, recreation and
     5  historic preservation law not arising out of the same incident  as  such
     6  conviction.
     7    § 2. Section 503 of the vehicle and traffic law is amended by adding a
     8  new subdivision 4 to read as follows:
     9    4.  Driver  responsibility assessment.  (a) Any person who accumulates
    10  six or more points on his or her driving record for acts committed with-
    11  in an eighteen month period shall become liable to  the  department  for
    12  payment of a driver responsibility assessment as provided in this subdi-
    13  vision.
    14    (b)  The  amount  of  the  driver responsibility assessment under this
    15  section shall be one hundred dollars per year for  a  three-year  period
    16  for  the first six points on a driver's record and an additional twenty-
    17  five dollars per year for each additional point on such driver's record.
    18    (c) Upon receipt of evidence that a person is liable  for  the  driver
    19  responsibility assessment required by this subdivision, the commissioner
    20  shall  notify  such  person  by  first class mail to the address of such
    21  person on file with the department or at the current address provided by
    22  the United States postal service of the amount of  such  assessment  and
    23  the time and manner of making required payments.
    24    (d) If a person shall fail to pay any driver responsibility assessment
    25  as  provided  in  this  subdivision, the commissioner shall suspend such
    26  person's driver's license or privilege  of  obtaining  a  license.  Such
    27  suspension  shall  remain in effect until any and all outstanding driver
    28  responsibility assessments have been paid in full.
    29    (e) Any completion of  a  motor  vehicle  accident  prevention  course
    30  approved pursuant to article twelve-B of this chapter shall not serve to
    31  reduce  the  calculation  of points on a person's driving record for the
    32  purposes of this section.
    33    § 3. This act shall take effect on the ninetieth day  after  it  shall
    34  have become a law.
 
    35                                   PART F
 
    36    Section  1.  Subdivision  12  of  section 27-1901 of the environmental
    37  conservation law, as added by section 3 of part V1 of chapter 62 of  the
    38  laws of 2003, is amended to read as follows:
    39    12.  "Vehicle"  or "Motor Vehicle" means any device which by virtue of
    40  its design could qualify  for  registration  pursuant  to  section  four
    41  hundred  one,  four  hundred ten, two thousand two hundred sixty-one, or
    42  two thousand two hundred eighty-two of the vehicle and traffic law.
    43    § 2.  This act shall take effect on the sixtieth day  after  it  shall
    44  have become law; provided, however, that for purposes of the fee imposed
    45  by section 27-1913 of the environmental conservation law, this act shall
    46  take  effect  on  the first day of the quarterly period, as described in
    47  such section, next commencing at least 60 days after this act shall have
    48  become a law and shall apply to sales of new  tires  on  or  after  such
    49  date;  and  provided further, however, that the commissioner of taxation
    50  and finance shall be authorized on and after the  date  this  act  shall
    51  have  become  law to adopt and amend any rules and regulations and issue
    52  any procedures, forms or instructions necessary to implement this act on
    53  its effective date.
        S. 6059                            17                            A. 9559
 
     1                                   PART G
 
     2    Section  1.  Expenditures  of  moneys appropriated in a chapter of the
     3  laws of 2004 to the energy research and development authority  from  the
     4  special  revenue  funds  - other/state operations, miscellaneous special
     5  revenue  fund-339,  energy  research  and  planning  account  under  the
     6  research, development and demonstration and policy and planning programs
     7  for  services  and  expenses  for  the  research, development and demon-
     8  stration and policy and  planning  programs  shall  be  subject  to  the
     9  provisions  of  this section. Notwithstanding the provisions of subdivi-
    10  sion 4-a of section 18-a of the public service law, all moneys committed
    11  or expended shall be reimbursed by assessment against  gas  corporations
    12  and  electric corporations as defined in section 2 of the public service
    13  law, and the total amount which may be charged to  any  gas  corporation
    14  and  any electric corporation shall not exceed one cent per one thousand
    15  cubic feet of gas sold and .010 cent per  kilowatt-hour  of  electricity
    16  sold  by  such  corporations  in  their intrastate utility operations in
    17  calendar year 2002.  Such amounts shall be  excluded  from  the  general
    18  assessment  provisions  of  subdivision  2 of section 18-a of the public
    19  service law, but shall be billed and paid in the  manner  set  forth  in
    20  such subdivision and upon receipt shall be paid to the state comptroller
    21  for  deposit  in  the  state  treasury  for  credit to the miscellaneous
    22  special revenue fund. The director of  the  budget  shall  not  issue  a
    23  certificate  of  approval with respect to the commitment and expenditure
    24  of moneys hereby appropriated until the chair of  such  authority  shall
    25  have  submitted,  and  the director of the budget shall have approved, a
    26  comprehensive financial plan encompassing all moneys  available  to  and
    27  all  anticipated commitments and expenditures by such authority from any
    28  source for the operations of such  authority.  Copies  of  the  approved
    29  comprehensive  financial  plan  shall  be  immediately  submitted by the
    30  director of the budget to the chairs and secretaries of the  legislative
    31  fiscal committees.
    32    §  2.  This  act  shall take effect immediately and shall be deemed to
    33  have been in full force and effect on and after April 1, 2004.
 
    34                                   PART H
 
    35    Section 1. Notwithstanding any other law, rule or  regulation  to  the
    36  contrary,  expenses of the department of health public service education
    37  program incurred pursuant to appropriations from  the  cable  television
    38  account of the state miscellaneous special revenue funds shall be deemed
    39  expenses of the department of public service.
    40    §  2.  Expenditures of moneys appropriated in a chapter of the laws of
    41  2004 to the department of  agriculture  and  markets  from  the  special
    42  revenue  funds-other/state  operations,  miscellaneous  special  revenue
    43  fund-339, public service account for the agricultural business  services
    44  program  shall  be  subject  to the provisions of this section. Notwith-
    45  standing any law to the contrary, expenditures  from  the  miscellaneous
    46  special  revenue  fund appropriation, and indirect costs under the comp-
    47  troller's statewide cost allocation plan, shall be  deemed  expenses  of
    48  the  department  of public service within the meaning of section 18-a of
    49  the public service law and assessed accordingly. Expenditures subject to
    50  assessment shall include those for direct and indirect participation  in
    51  certification  proceedings  pursuant  to article 7 of the public service
    52  law.
        S. 6059                            18                            A. 9559
 
     1    § 3. Expenditures of moneys appropriated in a chapter of the  laws  of
     2  2004  to the department of economic development from the special revenue
     3  funds-other/state operations, miscellaneous  special  revenue  fund-339,
     4  public  service  account for the administration program shall be subject
     5  to  the  provisions  of  this  section.  Notwithstanding  any law to the
     6  contrary, expenditures  from  the  miscellaneous  special  revenue  fund
     7  appropriations and indirect costs under the comptroller's statewide cost
     8  allocation  plan,  shall  be deemed expenses of the department of public
     9  service within the meaning of section 18-a of the public service law and
    10  assessed accordingly. Expenditures subject to assessment  shall  include
    11  those for direct and indirect participation in certification proceedings
    12  pursuant to article 7 of the public service law.
    13    §  4.  Expenditures of moneys appropriated in a chapter of the laws of
    14  2004 to the office of parks, recreation and historic  preservation  from
    15  the  special revenue funds-other/state operations, miscellaneous special
    16  revenue fund-339, public service account under the historic preservation
    17  program shall be subject to the provisions  of  this  section.  Notwith-
    18  standing  any  law  to the contrary, expenditures from the miscellaneous
    19  special revenue fund appropriations, and indirect costs under the  comp-
    20  troller's  statewide  cost  allocation plan, shall be deemed expenses of
    21  the department of public service within the meaning of section  18-a  of
    22  the public service law and assessed accordingly. Expenditures subject to
    23  assessment  shall include those for direct and indirect participation in
    24  certification proceedings pursuant to article 7 of  the  public  service
    25  law.
    26    §  5.  Expenditures of moneys appropriated in a chapter of the laws of
    27  2004 to the consumer protection board from the  special  revenue  funds-
    28  other/state  operations,  miscellaneous special revenue fund-339, public
    29  service account for the consumer protection  program  for  services  and
    30  expenses  related  to  consumer  protection activities, including travel
    31  outside the state, shall be subject to the provisions of  this  section.
    32  Notwithstanding  any provision of law to the contrary, such expenditures
    33  shall be deemed an expense of the department of  public  service  within
    34  the meaning of section 18-a of the public service law.
    35    §  6.  Expenditures of moneys appropriated in a chapter of the laws of
    36  2004 to the department of environmental conservation  from  the  special
    37  revenue funds-other/state operations, environmental conservation special
    38  revenue  fund-301,  utility  environmental  regulation  account shall be
    39  subject to the provisions of this section.  Notwithstanding any  law  to
    40  the  contrary,  expenditures from the miscellaneous special revenue fund
    41  and indirect costs under the  comptroller's  statewide  cost  allocation
    42  plan, shall be deemed expenses of the department of public service with-
    43  in  the  meaning  of section 18-a of the public service law and assessed
    44  accordingly. Expenditures subject to assessment shall include those  for
    45  direct  and indirect participation in certification proceedings pursuant
    46  to article 7 of the public service law; oil and gas,  coal  and  nuclear
    47  regulatory  and planning activities; and small hydropower, cogeneration,
    48  alternate energy and electric generation facility sitings.
    49    § 7. Expenditures of moneys appropriated in a chapter of the  laws  of
    50  2004  to  the  office of public security from the special revenue funds-
    51  other/state operations, miscellaneous special revenue  fund-339,  public
    52  service  account  for  the office of cyber security and critical infras-
    53  tructure coordination and a review of security measures at power facili-
    54  ties shall be subject to the provisions of this section. Notwithstanding
    55  any law to the contrary, expenditures  from  the  miscellaneous  special
    56  revenue  fund  appropriation, and indirect costs under the comptroller's
        S. 6059                            19                            A. 9559
 
     1  statewide cost allocation plan, shall be deemed expenses of the  depart-
     2  ment  of public service within the meaning of section 18-a of the public
     3  service law and assessed accordingly.
     4    §  8.  This  act  shall take effect immediately and shall be deemed to
     5  have been in full force and effect on and after April 1, 2004.
 
     6                                   PART I
 
     7    Section 1. Section 1-0303 of the  environmental  conservation  law  is
     8  amended  by  adding  four  new subdivisions 26, 27, 28 and 29 to read as
     9  follows:
    10    26. "All terrain vehicle" shall have the meaning set  forth  in  para-
    11  graph (a) of subdivision one of section twenty-two hundred eighty-one of
    12  the vehicle and traffic law.
    13    27.  "Motor  vehicle"  shall have the meaning set forth in section one
    14  hundred twenty-five of the vehicle and traffic law.
    15    28. "Private roads" shall have the meaning set forth  in  section  one
    16  hundred thirty-three of the vehicle and traffic law.
    17    29.  "Public  highway" shall have the meaning set forth in section one
    18  hundred thirty-four of the vehicle and traffic law.
    19    § 2. Section 9-0303 of the environmental conservation law  is  amended
    20  by adding a new subdivision 8 to read as follows:
    21    8.  All terrain vehicles.  a. On forest preserve lands both inside and
    22  outside the boundaries of the Adirondack park or Catskill  park  and  on
    23  other  state-owned  lands  under the department's jurisdiction which are
    24  located within the boundaries of the Adirondack  park  or  the  Catskill
    25  park,  the public use of all terrain vehicles is limited to public high-
    26  ways or portions thereof in compliance with section twenty-four  hundred
    27  five of the vehicle and traffic law. In addition, the use of all terrain
    28  vehicles  by  the  general  public on state-owned land under the depart-
    29  ment's jurisdiction which  is  located  within  the  boundaries  of  the
    30  Adirondack  park  or the Catskill park must comply with the requirements
    31  of the Adirondack park state  land  master  plan,  adopted  pursuant  to
    32  section eight hundred sixteen of the executive law, or the Catskill park
    33  state land master plan, respectively.
    34    b.  Notwithstanding any other provision of law to the contrary, public
    35  use of all terrain  vehicles  on  conservation  easements  held  by  the
    36  department  may  be  allowed  in  the  discretion of the commissioner on
    37  private roads and trails which are not open to the public use  of  motor
    38  vehicles.  Public highways on such easements may be opened to the public
    39  use of all terrain vehicles only in compliance with section  twenty-four
    40  hundred five of the vehicle and traffic law.
    41    c.  The  public  use  of all terrain vehicles on state lands under the
    42  jurisdiction of the department, except those lands  described  in  para-
    43  graphs  a and b of this subdivision, may be authorized in the discretion
    44  of the commissioner, provided that the public use of all  terrain  vehi-
    45  cles  on  public  highways  situated on such lands shall comply with the
    46  requirements of section twenty-four hundred  five  of  the  vehicle  and
    47  traffic law.
    48    d.  Persons  with  qualifying disabilities and a companion to whom the
    49  department has issued a temporary permit may use all terrain vehicles at
    50  the locations authorized by such permit and pursuant to  the  terms  and
    51  conditions  of  such permit. Such permits shall comply with the require-
    52  ments of section twenty-four hundred five of  the  vehicle  and  traffic
    53  law.  In  addition, to the extent that such permits authorize the use of
    54  all terrain vehicles in the Adirondack  park  and  Catskill  park,  such
        S. 6059                            20                            A. 9559
 
     1  permits  shall  comply  with  the guidelines set forth in the Adirondack
     2  park state land master plan or the Catskill park state land master plan,
     3  respectively.
     4    e.  All  terrain  vehicles may be used on state land under the depart-
     5  ment's jurisdiction within the Adirondack park or the Catskill park  for
     6  appropriate  administrative,  law enforcement, and emergency purposes as
     7  specified in the Adirondack park state land master plan or the  Catskill
     8  park state land master plan, respectively.
     9    §  3.  The  environmental  conservation law is amended by adding a new
    10  article 58 to read as follows:
    11                                 ARTICLE 58
    12                            ALL TERRAIN VEHICLES
    13  Section 58-0101. State assistance.
    14          58-0103. Rules and regulations.
    15  § 58-0101. State assistance.
    16    1. The commissioner shall develop and implement  a  program  of  state
    17  assistance payments, subject to annual appropriations, for the following
    18  purposes:
    19    a.  The  following  programs  of municipalities and not-for-profit all
    20  terrain vehicle associations:
    21    (1) programs on all terrain vehicle safety,  education,  and  training
    22  which  are  conducted  by  municipalities and not-for-profit all terrain
    23  vehicle associations;
    24    (2) the development and maintenance  of  all  terrain  vehicle  trails
    25  which are open to the general public;
    26    (3)  the lease and purchase of land for the development of all terrain
    27  vehicle trails;
    28    (4) the purchase, lease and maintenance of facilities related  to  the
    29  use and enjoyment of trails;
    30    (5) the purchase and lease of equipment related to the development and
    31  maintenance of trails and directly related facilities; and
    32    (6)  other  costs  directly  related  to  the  administration  of such
    33  programs;
    34    b. Municipal and state law enforcement activities which  are  directly
    35  related  to the enforcement of state statutes, rules and regulations and
    36  municipal local laws and ordinances relating to  the  operation  of  all
    37  terrain vehicles;
    38    c.  The development by the department of a statewide all terrain vehi-
    39  cle trail map and user safety guide and  program,  to  be  completed  no
    40  later than three years after the effective date of this section;
    41    d.  The  development and maintenance of all terrain vehicle trails and
    42  maintenance of private roads on conservation easement lands held by  the
    43  state  of  New  York which are under the jurisdiction of the department;
    44  and
    45    e. Expenses associated with the  department's  administration  of  the
    46  state assistance authorized pursuant to this section.
    47    2. Upon approval of an application from a municipality or not-for-pro-
    48  fit all terrain vehicle association, the commissioner and such applicant
    49  shall  enter  into  a  contract for state assistance payments toward the
    50  cost of the project, which shall include, but not  be  limited  to,  the
    51  following:
    52    a.  A current estimate of the cost of the project as determined by the
    53  commissioner at the time of the execution of the contract;
    54    b. An agreement by the commissioner to make state assistance  payments
    55  toward the cost of the project by periodically reimbursing the recipient
    56  for  costs  incurred  during the progress of the project. Such costs are
        S. 6059                            21                            A. 9559
 
     1  subject to final computation and determination by the commissioner  upon
     2  completion  of  the  project  and  shall not exceed the maximum cost set
     3  forth in the contract. The approved project cost shall be reduced by the
     4  amount  of any specific grants for the project which are received by the
     5  recipient from any other source; and
     6    c. An agreement by the recipient to  proceed  expeditiously  with  the
     7  project,  to comply with all applicable laws and regulations in develop-
     8  ing the project, and to complete the project in  accordance  with  plans
     9  and reports approved by the department for the project.
    10    3.  The commissioner shall reject any application for state assistance
    11  under this article where the commissioner determines that  the  expendi-
    12  ture  or  project  is  not in the best interests of the state. In making
    13  such a determination the commissioner may consider, but not  be  limited
    14  to, the potential impacts which the expenditure or project could have on
    15  public lands which are located near the project and appropriate environ-
    16  mental  factors,  including but not limited to, the potential impacts on
    17  wetlands,  wildlife  habitats,  and  flora  and  fauna,  and   potential
    18  conflicts with other user groups.
    19    4. The amount of state assistance payments to be allocated to eligible
    20  applicants for trail development and maintenance shall be drawn from the
    21  all  terrain vehicle trail development and maintenance appropriation and
    22  shall be determined by the commissioner. The commissioner shall  certify
    23  to  the comptroller the amount thus determined for each municipality and
    24  not-for-profit association as the  amount  of  state  assistance  to  be
    25  apportioned to each.
    26    5.  No state assistance shall be allocated from funds pursuant to this
    27  section for use in all terrain vehicle trail development and maintenance
    28  on state-owned land under the jurisdiction of the department,  provided,
    29  however,  that such assistance may be allocated pursuant to this section
    30  for use in all terrain vehicle  trail  development  and  maintenance  of
    31  trails  and private roads on conservation easement lands as set forth in
    32  paragraph b of subdivision eight of section 9-0303 of this chapter.
    33  § 58-0103. Rules and regulations.
    34    The commissioner shall adopt such  rules  and  regulations  as  deemed
    35  necessary to carry out the provisions of this article.
    36    §  4. Section 2282 of the vehicle and traffic law is amended by adding
    37  two new subdivisions 2-a and 6-a to read as follows:
    38    2-a. No later than three years after the effective date of this subdi-
    39  vision, the commissioner shall, at the time of registration pursuant  to
    40  subdivision  two of this section, provide or cause to be provided a copy
    41  of the all terrain vehicle trail map and user guide,  developed  by  the
    42  department  of  environmental  conservation  pursuant  to paragraph c of
    43  subdivision one of section 58-0101  of  the  environmental  conservation
    44  law,  to every person who registers an all terrain vehicle. Such map and
    45  user guide shall also be made available  to  the  public  through  other
    46  appropriate means as determined by the commissioner and the commissioner
    47  of environmental conservation.
    48    6-a. Registration at time of sale. Every all terrain vehicle sold by a
    49  dealer  shall  be  registered  at the time of sale of such vehicle. Such
    50  registration shall be valid until the thirty-first day of August follow-
    51  ing the date of such sale; provided, however, that any all terrain vehi-
    52  cle sold after April first of each year shall be issued  a  registration
    53  valid until the thirty-first day of August in the year following that in
    54  which the all terrain vehicle is sold. Any all terrain vehicle purchased
    55  for  use  exclusively outside of the state of New York shall not require
    56  registration at the time of purchase, and  the  purchaser  of  such  all
        S. 6059                            22                            A. 9559
 
     1  terrain  vehicle shall sign a declaration, provided by the dealer, which
     2  shall state that such purchaser understands the conditions  under  which
     3  an  all terrain vehicle must be registered and the penalty for violation
     4  of  such  registration provisions. The form of such declaration shall be
     5  provided by the commissioner.
     6    § 5. Paragraphs (a) and (b) of subdivision 4 of section  2282  of  the
     7  vehicle  and traffic law, as amended by chapter 402 of the laws of 1986,
     8  are amended to read as follows:
     9    (a) An annual fee of [ten]  forty-five  dollars  for  each  individual
    10  resident registration.
    11    (b)  An  annual  fee  of  [ten] forty-five dollars for each individual
    12  nonresident registration.
    13    § 6. Subdivision 12 of section 2282 of the vehicle and traffic law  is
    14  REPEALED and a new subdivision 12 is added to read as follows:
    15    12.    Out of state all terrain vehicle registration. The registration
    16  provisions of this article shall apply to  non-resident  owners  of  all
    17  terrain  vehicles  used in New York state as provided for by the commis-
    18  sioner except when an owner's all terrain vehicle is used on  authorized
    19  trails  which  proceed  along  a  New York state border and which, occa-
    20  sionally as dictated by the terrain, cross into another state, in  which
    21  such  all  terrain  vehicle  is  registered. Such cross border trails on
    22  which nonresident owned all terrain vehicles  may  proceed  without  New
    23  York state registration shall be designated by the state commissioner of
    24  environmental conservation pursuant to paragraph c of subdivision one of
    25  section  58-0101  of the environmental conservation law and such commis-
    26  sioner shall publish such trail designation in the New York state regis-
    27  ter and other publications accessible to those who use all terrain vehi-
    28  cles. Such non-resident registration application shall be made available
    29  at the place of business of all registered dealers and by mail from  the
    30  department.  Nothing in this subdivision shall be construed to authorize
    31  the  operation  of any all terrain vehicle contrary to the provisions of
    32  this article.
    33    § 7. Subdivision 1 of section 2283 of the vehicle and traffic  law  is
    34  amended  by  adding  three  new  paragraphs  (a), (b) and (c) to read as
    35  follows:
    36    (a) A permanent registration number plate shall be placed on every all
    37  terrain vehicle. The plate shall be placed on the rear of  the  vehicle.
    38  The  plate  shall  be  placed  as high as possible above and between the
    39  tires and shall be securely fastened so as  to  prevent  the  same  from
    40  swinging.
    41    (b)  Such  plate shall be issued by the commissioner and shall display
    42  the registration  number  corresponding  to  that  of  the  registration
    43  certificate.
    44    (c)  Such  plate  shall  be  kept clean and in a condition so as to be
    45  easily readable and shall not be covered by glass or  plastic,  and  the
    46  view  thereof  shall  not be obstructed by any part of the vehicle or by
    47  anything carried thereon.
    48    § 8. Section 2291 of the vehicle and traffic law, as amended by  chap-
    49  ter 190 of the laws of 1990, is amended to read as follows:
    50    § 2291. Disposition of fees. The commissioner shall deposit all monies
    51  received  [by  him] from the registration of ATVs and all fees otherwise
    52  collected [by him] under this article  to  the  credit  of  the  general
    53  fund[,  as  prescribed  by section twenty-two hundred ninety-two of this
    54  chapter].
    55    § 9. Section 2404 of the vehicle and traffic law, as added by  chapter
    56  402 of the laws of 1986, is amended to read as follows:
        S. 6059                            23                            A. 9559
 
     1    § 2404. Operating rules. 1. No person shall operate an ATV:
     2    (a)  at  a  rate of speed greater than is reasonable and prudent under
     3  the conditions and having regard to the  actual  and  potential  hazards
     4  then existing;
     5    (b)  in a careless, reckless or negligent manner so as to unreasonably
     6  endanger the person or property of another or  cause  injury  or  damage
     7  thereto;
     8    (c) on the tracks or right-of-way of an operating railroad;
     9    (d)  in  any  tree  nursery  or  planting  in a manner that damages or
    10  destroys growing stock, or creates a substantial risk thereto;
    11    (e) while pulling a person on skis or  drawing  or  towing  a  sleigh,
    12  sled,  toboggan or trailer which carries or transports any person unless
    13  attached by a rigid support, connection or towbar;
    14    (f) on the frozen surface of public waters: within one hundred feet of
    15  any person other than a person riding on an ATV except  at  the  minimum
    16  speed  required  to maintain forward movement of the ATV, nor within one
    17  hundred feet of a fishing shanty or shelter except at the minimum  speed
    18  required  to  maintain  forward movement of the ATV nor on an area which
    19  has been cleared of snow for skating purposes unless the area is  neces-
    20  sary for access to the public water;
    21    (g)  within  one  hundred  feet of a dwelling between midnight and six
    22  a.m., at a speed greater than minimum required to maintain forward move-
    23  ment of the ATV;
    24    (h) on public lands, other than highways, or on  private  property  of
    25  another  while  in  an  intoxicated  condition or under the influence of
    26  narcotics or drugs.
    27    2. The operator of an ATV shall:
    28    (a) stop and yield to  an  authorized  ambulance,  civil  defense,  or
    29  police  ATV or police vehicle being operated as an emergency vehicle and
    30  approaching from any direction;
    31    (b) comply with any lawful order or direction of any police officer or
    32  other person duly empowered to enforce the laws relating to ATVs.
    33    3. No person shall ride on or in a sleigh, sled, toboggan  or  trailer
    34  which  is  being  towed  or trailed by an ATV unless attached by a rigid
    35  support, connection or towbar.
    36    4. [A person operating an ATV shall ride only upon the  permanent  and
    37  regular  seat  attached  thereto,  and such operator shall not carry any
    38  other person nor shall any other person ride on an ATV unless  such  ATV
    39  is  designed  to  carry more than one person, in which event a passenger
    40  may ride upon the  permanent  and  regular  seat  if  designed  for  two
    41  persons,  or upon another seat firmly attached to the ATV at the rear or
    42  side of the operator.
    43    5.] For the purposes of title seven of this chapter, an ATV shall be a
    44  motor vehicle and the provisions of such title shall  be  applicable  to
    45  ATVs.
    46    [6.]  5.  Local laws and ordinances. Nothing contained in this article
    47  shall be deemed to limit the  authority  of  a  county,  city,  town  or
    48  village from adopting or amending a local law or ordinance which imposes
    49  stricter  restrictions  and conditions on the operation of ATVs than are
    50  provided or authorized by this section so long  as  such  local  law  or
    51  ordinance  is  consistent  with  its  authority  to  protect  the order,
    52  conduct, health, safety and general welfare of persons or property.
    53    § 10. Section 2406 of the vehicle and traffic law is amended by adding
    54  a new subdivision 4 to read as follows:
    55    4. A person operating an ATV shall ride only upon  the  permanent  and
    56  regular  seat  attached  thereto,  and such operator shall not carry any
        S. 6059                            24                            A. 9559
 
     1  other person nor shall any other person ride on an ATV unless  such  ATV
     2  is  designed  to  carry more than one person, in which event a passenger
     3  may ride upon the  permanent  and  regular  seat  if  designed  for  two
     4  persons,  or upon another seat firmly attached to the ATV at the rear or
     5  side of the operator.
     6    § 11. The vehicle and traffic law is amended by adding a  new  section
     7  2414 to read as follows:
     8    §  2414.  Failure  to comply.   1. First violations. Failure to comply
     9  with a provision of law regarding the operation of an ATV shall  consti-
    10  tute  a  violation as provided in the penal law, provided, further, that
    11  no fine or penalty imposed shall be less than one hundred dollars.
    12    2. Second violation. A second violation of such law within a five year
    13  period shall be punishable as  provided  by  the  penal  law,  provided,
    14  further,  that  no  fine  or penalty imposed under this section shall be
    15  less than one hundred fifty dollars.
    16    3. Third and subsequent violations. Third and subsequent violations of
    17  such law within a five year period shall be punishable  as  provided  by
    18  the  penal law, provided, further, that no fine or penalty imposed under
    19  this section shall be less than two hundred dollars.
    20    § 12. Nothing in this act shall be deemed to limit the authority of  a
    21  county,  city,  town or village from adopting or amending a local law or
    22  ordinance which imposes stricter  restrictions  and  conditions  on  the
    23  operation  of  all  terrain  vehicles than are provided or authorized by
    24  this act, so long as such local law or ordinance is consistent with  its
    25  authority  to  protect  the  order,  conduct, health, safety and general
    26  welfare of persons or property.
    27    § 13. Section 21.07 of the parks, recreation and historic preservation
    28  law, as amended by section 1 of part G of chapter  82  of  the  laws  of
    29  2002, is amended to read as follows:
    30    § 21.07 Fee for snowmobile trail development and maintenance. A fee of
    31  [twenty]  thirty-five  dollars  is hereby imposed upon the resident, and
    32  [thirty] thirty-five dollars upon the nonresident, owner of a snowmobile
    33  for the snowmobile trail development and maintenance fund to be paid  to
    34  the  commissioner  of  motor  vehicles  upon the registration thereof in
    35  addition to the registration fee required by  the  vehicle  and  traffic
    36  law, the payment of which fee hereby imposed shall be a condition prece-
    37  dent  to  such  individual  resident,  individual  nonresident or dealer
    38  registration.
    39    § 14. Subdivisions 4 and 4-a of section 2222 of the vehicle and  traf-
    40  fic  law,  subdivision  4  as  added by chapter 839 of the laws of 1973,
    41  paragraph (c) of subdivision 4 as amended by chapter 337 of the laws  of
    42  1997,  and  subdivision 4-a as amended by section 3 of part G of chapter
    43  82 of the laws of 2002, are amended to read as follows:
    44    4. Fees. Fees for registration of snowmobiles, to be collected by  the
    45  commissioner under this article, are as follows:
    46    (a) A fee of [five] ten dollars for each individual resident registra-
    47  tion.
    48    (b) A fee of [five] ten dollars for each individual nonresident regis-
    49  tration.
    50    (c) A fee of fifty dollars for each two-year dealer registration.
    51    (d)  A  fee  of  five  dollars for each additional dealer demonstrator
    52  registration number.
    53    (e) A fee of one dollar  for  replacement  of  a  lost,  mutilated  or
    54  destroyed certificate.
    55    4-a.  Additional  fee.  In  addition to the other fees provided for in
    56  paragraphs (a), (b) and (c) of subdivision  four  of  this  section  the
        S. 6059                            25                            A. 9559
 
     1  commissioner  shall, upon application in such cases for the registration
     2  of a snowmobile or the renewal  thereof,  collect  the  annual  [twenty]
     3  thirty-five dollar fee for residents and [thirty] thirty-five dollar fee
     4  for  nonresidents  imposed by section 21.07 of the parks, recreation and
     5  historic preservation law.  This fee shall also be collected from  deal-
     6  ers  at  the  time  of  original  registration  and  at the time of each
     7  renewal.
     8    § 15. Subdivision 4 of section 480 of the real  property  tax  law  is
     9  amended to read as follows:
    10    4.  The  owner of an eligible tract may file with the assessors of the
    11  town in which such tract is located a verified application  for  classi-
    12  fication  under this section.  Application shall be made in duplicate on
    13  forms  furnished  by  the  [conservation]  department  of  environmental
    14  conservation,  which  shall contain a description of the land sufficient
    15  to identify the tract and the necessary information as to  the  planting
    16  or  underplanting  or  natural  reproduction.    Upon the filing of such
    17  application, the assessors shall send a copy thereof to  the  [conserva-
    18  tion]  department  of  environmental  conservation  for  its approval or
    19  disapproval.  If the [conservation] department of environmental  conser-
    20  vation approves the application, it shall file certificates of approval,
    21  classifying  such  tract as forested or reforested land, with the asses-
    22  sors and with the county clerk of the county in which the tract is situ-
    23  ated.  The county clerk shall record such certificates in  the  book  of
    24  miscellaneous records.  All tracts so classified shall be subject to the
    25  provisions  of  this  section  and the obligations thereof shall devolve
    26  upon and the benefits thereof inure to  the  owner,  his  successors  or
    27  assigns.   The [state and its] political subdivisions of the state shall
    28  [also] be bound thereby. The obligations and benefits  of  this  section
    29  with  respect  to  an  enrolled  tract shall dissolve when such tract or
    30  portions thereof are acquired by the state of New York.
    31    § 16. Paragraph (a) of subdivision 1 of  section  480-a  of  the  real
    32  property  tax  law,  as  amended  by chapter 428 of the laws of 1987, is
    33  amended to read as follows:
    34    (a) "Approved management plan" shall  mean  a  plan  approved  by  the
    35  department  for  the management of an eligible tract which shall contain
    36  requirements and standards to ensure  the  continuing  production  of  a
    37  merchantable  forest  crop selected by the owner. Every approved manage-
    38  ment plan shall  identify  forest  stewardship  resources  and  describe
    39  actions  to  be taken by the landowner to protect soil, water, aesthetic
    40  quality, recreation, timber, water, fish and wildlife resources on  such
    41  land  in  a manner that is compatible with the objective of ensuring the
    42  continuing production of a merchantable  forest  crop  selected  by  the
    43  landowner.  Every  approved management plan shall set forth requirements
    44  and standards relating to stocking, cutting, forest  management  access,
    45  and  any  specified  use  of  the  eligible  tract  other  than  for the
    46  production of a merchantable forest crop which is desired by  the  owner
    47  and  compatible  with  or  supportive  of the continuing production of a
    48  merchantable forest crop. Such plan shall include provisions accommodat-
    49  ing endangered and threatened animals and  plants.  Such  plan  must  be
    50  prepared by or under the direct supervision of a forester who may be the
    51  owner  or  an agent of the owner[, including an industrial forester or a
    52  cooperating consultant forester].
    53    § 17. Subdivision 2 of section 480-a of the real property tax  law  is
    54  amended by adding a new paragraph (d) to read as follows:
        S. 6059                            26                            A. 9559
 
     1    (d)  The  obligations  and benefits of this section with respect to an
     2  enrolled tract shall dissolve when such tract or  portions  thereof  are
     3  acquired by the state of New York.
     4    §  18.  The  real  property tax law is amended by adding a new section
     5  480-b to read as follows:
     6    § 480-b. State reimbursement for forest tax exemptions. 1.  A  county,
     7  town  or  school district containing eligible private forest lands shall
     8  be eligible for state reimbursement as provided by this  section.    For
     9  purposes  of this section, "eligible private forest lands" means private
    10  forest tracts receiving an exemption pursuant to  section  four  hundred
    11  eighty or four hundred eighty-a of this title, excluding any tract which
    12  is or had been a certified tract on which penalties are imposed pursuant
    13  to section four hundred eighty or four hundred eighty-a of this title.
    14    2.  The  county  treasurer  of  any county containing eligible private
    15  forest lands shall submit to the state board a list of  any  changes  to
    16  the  assessed  value,  taxable  status or acreage of all such lands made
    17  subsequent to the filing of those assessment  rolls  upon  which  county
    18  taxes  are  extended, and the county tax rate and town tax rate extended
    19  against any parcel receiving one of those exemptions.
    20    3. The business manager of any  school  district  containing  eligible
    21  private  forest  lands  shall  submit  to  the state board a list of any
    22  changes to the assessed value, taxable status or  acreage  of  all  such
    23  lands made subsequent to the filing of those assessment rolls upon which
    24  school  taxes are extended, and the school tax rate extended against any
    25  parcel receiving one of those exemptions.
    26    4. The state board shall compute the amount of state assistance  paya-
    27  ble  to  or  for  the  benefit  of  a county, town or school district on
    28  account of eligible private forest lands.
    29    5. (a) The amount of state assistance paid to a county, town or school
    30  district pursuant to this section shall equal the taxes which would have
    31  been levied for county,  town  or  school  district  purposes  upon  the
    32  assessed  valuation  partially  exempt from taxation on the latest final
    33  assessment roll of the eligible private forest lands, minus one  percent
    34  of  the total real property tax levy for county, town or school district
    35  purposes for the current year, provided that the amount payable  to  any
    36  county,  town  or  school  district  pursuant  to this section shall not
    37  exceed the maximum payment prescribed by paragraph (b) of this  subdivi-
    38  sion.
    39    (b)  The maximum payment to a county, town or school district pursuant
    40  to this section shall be determined as follows:
    41    (i) Multiply the total acreage of the eligible private forest lands in
    42  the county, town or school district on the latest final assessment  roll
    43  by  the  average  forest land value per acre, as determined by the state
    44  board based on sales of forest parcels of at least fifty acres  through-
    45  out the region;
    46    (ii)  Multiply  the result by the full value tax rate for county, town
    47  or school district purposes for the current year; and
    48    (iii) Subtract from the product one percent of the total real property
    49  tax levy for county, town or school district purposes  for  the  current
    50  year.
    51    6.  The  state board shall certify to the state comptroller the amount
    52  of state assistance payable pursuant to this section, and shall  mail  a
    53  copy  of  such  certification to the county treasurer of each county and
    54  business manager of each school  district  containing  eligible  private
    55  forest  tracts. Such state assistance shall be paid on audit and warrant
    56  of the comptroller out of monies appropriated  by  the  legislature  for
        S. 6059                            27                            A. 9559
 
     1  state  assistance  to  counties,  towns  and school districts containing
     2  eligible private forest tracts.
     3    7.  If  it  should appear to the state board that an error was made in
     4  the calculation of state assistance pursuant to subdivision five of this
     5  section and as a result of that  error  an  incorrect  amount  of  state
     6  assistance  was  paid  to  a  county, town or school district, the state
     7  board shall determine the difference between the assistance paid and the
     8  assistance that should have been paid and shall adjust  the  next  state
     9  assistance  certified  for  such county, town or school district by that
    10  difference.
    11    § 19. Section 540 of the real property tax law, as amended by  chapter
    12  751 of the laws of 1990, is amended to read as follows:
    13    §    540.  List  to be supplied by state board.  The state board shall
    14  annually transmit to the assessors of  each  assessing  unit  containing
    15  state  lands  subject  to taxation, and to town or county assessors, who
    16  prepare a copy of the applicable part of the town or  county  assessment
    17  roll  for  village  tax  purposes  as  provided  in subdivision three of
    18  section fourteen hundred two of this  chapter,  for  each  such  village
    19  containing  state  lands  subject  to taxation, a list of all such lands
    20  therein, which list shall be used by  the  assessors  in  preparing  the
    21  assessment  roll  or copy of the applicable part thereof for village tax
    22  purposes. Such list shall include any common law and conservation  ease-
    23  ment  therein  made  subject  to taxation pursuant to this title and the
    24  appropriate allocation factor or factors which shall  be  entered  as  a
    25  separate   parcel on the tentative assessment roll by the assessor. Such
    26  list shall  also  include  any  tracts  for  which  the  state  provides
    27  reimbursement  pursuant to section four hundred eighty-b of this chapter
    28  and the percentage of state reimbursement.
    29    § 20. Severability. If any clause,  sentence,  paragraph,  section  or
    30  part  of  this act shall be adjudged by any court of competent jurisdic-
    31  tion to be invalid and after exhaustion of all further judicial  review,
    32  the judgment shall not affect, impair or invalidate the remainder there-
    33  of,  but  shall  be  confined  in its operation to the clause, sentence,
    34  paragraph, section or part of this act directly involved in the  contro-
    35  versy in which the judgment shall have been rendered.
    36    §  21.  This  act shall take effect immediately and shall be deemed to
    37  have been in full force and effect on and after April 1, 2004;  provided
    38  that  sections five, thirteen and fourteen of this act shall take effect
    39  on the ninetieth day after it shall have  become  a  law;  and  provided
    40  further that state assistance payments made pursuant to section 480-b of
    41  the  real  property  tax  law, as added by section eighteen of this act,
    42  shall  be limited to the amounts appropriated  by  the  legislature  for
    43  this  purpose,  and  shall  be submitted based upon the assessment rolls
    44  with final completion dates on or after July 1, 2004.
 
    45                                   PART J
 
    46    Section 1. Subdivision 11 of section 92-c of the public  service  law,
    47  as amended by section 2 of part H1 of chapter 62 of the laws of 2003, is
    48  amended to read as follows:
    49    11.  [Until  March thirty-first, two thousand six, a] A fee of twenty-
    50  five cents per month per access line  assigned  to  a  COCOT  is  hereby
    51  imposed upon each and every COCOT. The local exchange company shall, act
    52  as  a  collection  agent for such fees, and remit the funds collected to
    53  the department no later than the fifteenth of each and every month.  The
    54  department  shall  deposit  the  funds as soon as received in the [COCOT
        S. 6059                            28                            A. 9559

     1  enforcement fund established pursuant to  section  ninety-two-w  of  the
     2  state finance law] state treasury to the credit of the general fund.
     3    §  2. Paragraph c of subdivision 1 of section 765 of the general busi-
     4  ness law, as amended by chapter 522 of the laws of 2000, is  amended  to
     5  read as follows:
     6    c. An action to recover a penalty under this article may be brought in
     7  the  supreme  court  in the judicial district in which the violation was
     8  alleged to have occurred which shall be commenced and prosecuted by  the
     9  attorney  general.  The  public  service  commission  shall, pursuant to
    10  section one hundred nineteen-b of the public service law, forward to the
    11  attorney general its determination of the  amount  of  the  penalty  for
    12  violations  of  rules  and regulations adopted to implement the require-
    13  ments of this article. Upon receipt of such determination, the  attorney
    14  general  may  commence  an  action  to  recover such penalty. All moneys
    15  recovered in any such action, together with the costs thereof,  and  all
    16  moneys  recovered  as  the  result of any such public service commission
    17  determination shall be paid  into  the  [underground  facilities  safety
    18  training account established pursuant to section ninety-seven-www of the
    19  state finance law] state treasury to the credit of the general fund.
    20    §  3. Section 92-w of the state finance law, as amended by chapter 730
    21  of the laws of 1994, is REPEALED.
    22    § 4. Section 97-www of the state finance law, as added by chapter  522
    23  of the laws of 2000, is REPEALED.
    24    §  5.  This  act  shall take effect immediately and shall be deemed to
    25  have been in full force and effect on and after April 1, 2004;  provided
    26  that  the  amendments  to paragraph c of subdivision 1 of section 765 of
    27  the general business law made by section three of  this  act  shall  not
    28  affect the expiration of such paragraph and shall expire therewith.
          REPEAL  NOTE:  Section  92-w  of  the state finance law, as amended by
        chapter 730 of the laws of 1994, establishes the customer owned currency
        operated telephone enforcement fund. Moneys from the fund are  available
        for  payment  of  costs  and expenditures incurred in the enforcement of
        section 92-c of the public service law.
          Section 97-www of the state finance law, as added by  chapter  522  of
        the laws of 2000, establishes the underground facilities safety training
        account.  Moneys  from the account are available for training and educa-
        tion programs, regarding requirements and procedures for the  protection
        of  underground facilities, conducted by certified one-call notification
        systems.
 
    29                                   PART K
 
    30    Section 1. Subdivision 1 of section 500 of the agriculture and markets
    31  law is amended by adding a new paragraph (e) to read as follows:
    32    (e) "Food establishment" means any facility within the state in  which
    33  food  is possessed, stored, manufactured, compounded, brewed, distilled,
    34  produced, processed, packed, labeled or  relabeled,  transported,  sold,
    35  offered  or  exposed for sale, or served, other than a retail food store
    36  or a food warehouse, as defined in this section.
    37    § 2. Subdivision 4 of section 500 of the agriculture and markets  law,
    38  as amended by section 8 of part I1 of chapter 62 of the laws of 2003, is
    39  amended to read as follows:
    40    4.  The department shall inspect each retail food store [at least once
    41  in every twelve month period] in accordance with a risk based  frequency
    42  established  by  the commissioner.   The risk based inspection frequency
    43  shall be determined by establishment size, type of food offered for sale
        S. 6059                            29                            A. 9559
 
     1  and other factors that may affect public health.  Any store  that  fails
     2  two  consecutive  inspections  shall be inspected at least once in every
     3  six month period until it has passed two consecutive inspections. In the
     4  event  that a retail food store fails three consecutive inspections, the
     5  department may, in its discretion, order such establishment to cease all
     6  retail operation until it passes inspection or  suspend  or  revoke  any
     7  license  issued  to  such  establishment pursuant to article twenty-C of
     8  this chapter.
     9    § 3. Subdivision 5 of section 500 of the agriculture and markets  law,
    10  as  added  by section 8 of part I1 of chapter 62 of the laws of 2003, is
    11  amended to read as follows:
    12    5. [Licensure] Registration.  No person shall maintain  or  operate  a
    13  food  establishment,  retail  food  store, food service establishment or
    14  food warehouse unless such establishment is [licensed] registered pursu-
    15  ant to the provisions of this article, provided,  however,  that  estab-
    16  lishments  registered,  permitted or licensed by the department pursuant
    17  to other provisions of this chapter, under permit and inspection by  the
    18  state department of health or by a local health agency which maintains a
    19  program  certified  and approved by the state commissioner of health, or
    20  subject to inspection by the United  States  department  of  agriculture
    21  pursuant  to the federal meat, poultry or egg inspection programs, shall
    22  be exempt from [licensure] registration under this article.    [Applica-
    23  tion  for  licensure]  Registration of a food establishment, retail food
    24  store, food service establishment or food warehouse shall be made,  upon
    25  a  form  prescribed  by the commissioner, on or before December first of
    26  every other year for the registration  period  beginning  January  first
    27  following. Upon submission of a completed application, together with the
    28  applicable   [licensing]   registration   fee,  the  commissioner  shall
    29  [license] register the  food  establishment,  retail  food  store,  food
    30  service establishment or food warehouse described in the application for
    31  two years from the applicable registration commencement period set forth
    32  in  this section.  The [licensing] registration fee shall be one hundred
    33  dollars provided, however, that food warehouses shall pay a  [licensing]
    34  registration  fee of two hundred dollars. The commissioner shall prorate
    35  the [licensing] registration fee  for  any  person  licensed  after  the
    36  commencement of the licensing period.
    37    §  4.  Section  500  of  the agriculture and markets law is amended by
    38  adding a new subdivision 6 to read as follows:
    39    6. Exemptions. The commissioner may, if he or she determines that  the
    40  protection of the consumers of the state as a whole will not be impaired
    41  by such action, provide by regulation for exemption from registration or
    42  payment  of a registration fee of certain establishments, including, but
    43  not limited to, small businesses as determined by annual sales of  food,
    44  food banks, food pantries, not-for-profit food cooperatives and farmers'
    45  markets,  when he or she finds that such an exemption would avoid unnec-
    46  essary regulation and assist in the administration of this article with-
    47  out impairing this article's purpose.
    48    § 5. The agriculture and markets law is amended by adding a new  arti-
    49  cle 20-B to read as follows:
    50                                 ARTICLE 20-B
    51                                FOOD SECURITY
    52  Section 251-o. Declaration of policy and purpose.
    53          251-p. Preventative measures.
    54          251-q. Rules and regulations.
    55    §  251-o.  Declaration  of  policy and purpose. The general purpose of
    56  this article is to assure food security by requiring  the  operators  of
        S. 6059                            30                            A. 9559
 
     1  establishments located within the state to take preventative measures to
     2  minimize the risk of food under their control being subjected to tamper-
     3  ing or criminal or terrorist actions.
     4    § 251-p. Preventative measures. Each operator of a food establishment,
     5  retail  food  store,  and  food  warehouse,  as  defined in section five
     6  hundred of this chapter, shall take such preventative  measures  as  the
     7  commissioner  may  require, pursuant to duly promulgated rules and regu-
     8  lations, to minimize the risk of  food  under  such  operator's  control
     9  being subjected to tampering or criminal or terrorist actions.
    10    §  251-q. Rules and regulations. The commissioner is hereby authorized
    11  and directed, after public hearing, to promulgate rules and regulations,
    12  including but not limited to regulations establishing preventative meas-
    13  ures to minimize the risk of food being subjected to tampering or crimi-
    14  nal or terrorist actions.
    15    § 6. This act shall take effect immediately.
 
    16                                   PART L
 
    17    Section 1. Section 72-0302 of the environmental  conservation  law  is
    18  REPEALED and a new section 72-0302 is added to read as follows:
    19  § 72-0302. State facility permit and registration fees.
    20    1.  All  persons,  except  those required to   pay a fee under section
    21  72-0303 of this title, who are required to obtain  a  permit,  registra-
    22  tion,  or  other operating approval pursuant to article nineteen of this
    23  chapter and the rules and regulations adopted by the  department  there-
    24  under  shall  submit to the department a fee in an amount established as
    25  follows:
    26    a. one thousand two hundred fifty  dollars  for  each  state  facility
    27  permit or other operating approval; and/or
    28    b. two hundred dollars for each registration; or
    29    c.  one  hundred  dollars for each state facility permit, registration
    30  and/or other operating approval issued to a municipality  or  tax-exempt
    31  not-for-profit corporation.
    32    2. For purposes of this section:
    33    a.  "municipality"  means  a  county,  city,  town, village, or school
    34  district.
    35    b. "tax-exempt  not-for-profit  corporation"  means  a  not-for-profit
    36  corporation  as  defined  in the not-for-profit corporation law which is
    37  exempt from taxation under section 501 (c) (3) of the  internal  revenue
    38  code.
    39    §  2.  Subdivisions  1  and  2 of section 72-0303 of the environmental
    40  conservation law, subdivision 1 as amended by section 1  of  part  D  of
    41  chapter  413  of  the laws of 1999 and subdivision 2 as added by chapter
    42  608 of the laws of 1993, are amended to read as follows:
    43    1.  Commencing January first, nineteen hundred ninety-four  and  every
    44  year  thereafter  all  sources  of regulated air contaminants identified
    45  pursuant to subdivision one of section 19-0311  of  this  chapter  shall
    46  submit to the department a fee which is the greater of the following:
    47    (a) one thousand two hundred fifty dollars or
    48    (b) an amount not to exceed forty-five dollars per ton up to six thou-
    49  sand tons annually of each regulated air contaminant.  Such fee shall be
    50  sufficient  to  support an appropriation approved by the legislature for
    51  the direct and indirect  costs  associated  with  the  operating  permit
    52  program  established  in section 19-0311 of this chapter. Such fee shall
    53  be established by the department and shall be calculated by dividing the
    54  amount of the current  year  appropriation  from  the  operating  permit
        S. 6059                            31                            A. 9559
 
     1  program  account of the clean air fund by the total tons of emissions of
     2  regulated air contaminants that are  subject  to  the  operating  permit
     3  program fees from sources subject to the operating permit program pursu-
     4  ant  to section 19-0311 of this chapter up to six thousand tons annually
     5  of each regulated air contaminant from each source;  provided  that,  in
     6  making  such  calculation, the department shall adjust their calculation
     7  to account for any deficit or surplus in the  operating  permit  program
     8  account  of  the  clean air fund established pursuant to section ninety-
     9  seven-oo of the state finance law; any loan repayment  from  the  mobile
    10  source  account  of  the  clean air fund established pursuant to section
    11  ninety-seven-oo of the state finance law; and the rate of collection  by
    12  the department of the bills issued for the fee for the prior year.
    13    Notwithstanding  the  provisions of the state administrative procedure
    14  act, such calculation and fee shall be established as a rule by publica-
    15  tion in the Environmental Notice Bulletin  no  later  than  thirty  days
    16  after  the budget bills making appropriations for the support of govern-
    17  ment are enacted or July first, whichever is later, of the year such fee
    18  will be effective. In no event shall the fee established herein  be  any
    19  greater than the maximum fee identified pursuant to this section.
    20    2. Bills issued for the fee shall be based on actual emissions for the
    21  prior  calendar  year, as demonstrated to the department's satisfaction,
    22  or in the absence of such demonstration,  on  permitted  emissions,  or,
    23  where  there is no permit, on potential to emit; provided, however, that
    24  in no case shall the fee be less than one  thousand  two  hundred  fifty
    25  dollars  per year.  Persons required to submit an emissions statement to
    26  the department shall use such statement to demonstrate actual  emissions
    27  under this section.
    28    §  3.  This  act  shall take effect immediately and shall be deemed to
    29  have been in full force and effect on and after April 1, 2004.
 
    30                                   PART M
 
    31    Section 1. Notwithstanding any law to the contrary, the comptroller is
    32  hereby authorized and directed to receive for deposit to the  credit  of
    33  the  general  fund the amount of $913,000 from the New York state energy
    34  research and development authority.
    35    § 2. Notwithstanding any law to the contrary, the comptroller is here-
    36  by authorized and directed to receive for deposit to the credit  of  the
    37  environmental  conservation  special revenue fund-301 low level radioac-
    38  tive waste account from the New York state energy research and  develop-
    39  ment  authority $330,000 received pursuant to subparagraph (ii) of para-
    40  graph a of subdivision 2 of section 1854-d of the public authorities law
    41  for the purposes specified in a chapter of the laws of 2004.
    42    § 3. This act shall take effect immediately and  shall  be  deemed  to
    43  have been in full force and effect on and after April 1, 2004.
 
    44                                   PART N
 
    45    Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
    46  New York state urban development corporation act, as amended by  section
    47  1  of  part  M1 of chapter 62 of the laws of 2003, is amended to read as
    48  follows:
    49    § 2. This act shall take effect immediately [provided,  however,  that
    50  section  one of this act shall expire on July 1, 2004, at which time the
    51  provisions of subdivision 26 of section 5 of the New  York  state  urban
    52  development corporation act shall be deemed repealed; provided, however,
        S. 6059                            32                            A. 9559

     1  that  neither  the  expiration  nor  the  repeal  of such subdivision as
     2  provided for herein shall be deemed to affect or impair  in  any  manner
     3  any  loan  made  pursuant  to the authority of such subdivision prior to
     4  such expiration and repeal].
     5    §  2.  This  act  shall take effect immediately and shall be deemed to
     6  have been in full force and effect on and after April 1, 2004.
 
     7                                   PART O
 
     8    Section 1. (a) Subject to the provisions of chapter 59 of the laws  of
     9  2000,  but  notwithstanding  any other provision of law to the contrary,
    10  one or more of the authorized issuers, as defined by  subdivision  1  of
    11  section  68-a  of  the  state finance law are hereby authorized to issue
    12  bonds or notes in one or more series in an  aggregate  principal  amount
    13  not to exceed $250,000,000 excluding bonds issued to finance one or more
    14  debt  service reserve funds, to pay costs of issuance of such bonds, and
    15  bonds or notes issued to refund or otherwise repay such bonds  or  notes
    16  previously  issued,  for  the  purpose  of reimbursing the state capital
    17  projects fund for disbursements made pursuant to appropriations for  the
    18  regional  economic growth program, and the New York state urban develop-
    19  ment corporation is authorized to utilize the proceeds of such bonds  or
    20  notes  to  finance grants, loans or combinations thereof pursuant to the
    21  regional economic growth program. Such bonds and notes of  such  author-
    22  ized  issuers  shall not be a debt of the state, and the state shall not
    23  be liable thereon, nor shall they be payable out of any funds other than
    24  those appropriated by the state to  such  authorized  issuers  for  debt
    25  service  and  related expenses pursuant to any service contract executed
    26  pursuant to subdivision (b) of this section and  such  bonds  and  notes
    27  shall contain on the face thereof a statement to such effect. Except for
    28  purposes  of  complying  with  the  internal  revenue code, any interest
    29  income earned on bond proceeds shall only be used to pay debt service on
    30  such bonds.
    31    (b) Notwithstanding any provisions of law to the contrary, in order to
    32  assist such authorized issuers in  undertaking  the  administration  and
    33  financing of the projects authorized pursuant to subdivision (a) of this
    34  section,  the  director of the budget is hereby authorized to enter into
    35  one or more service contracts with  such  authorized  issuers,  none  of
    36  which  shall  exceed more than 20 years in duration, upon such terms and
    37  conditions as the director of the budget  and  such  authorized  issuers
    38  shall  agree,  so  as to annually provide to such authorized issuers, in
    39  the aggregate, a sum not to exceed the annual debt service payments  and
    40  related  expenses  required  for  the bonds and notes issued pursuant to
    41  this section.  Any service contract entered into pursuant to this subdi-
    42  vision shall provide that the obligation of the state to pay the  amount
    43  therein  provided  shall  not  constitute a debt of the state within the
    44  meaning of any constitutional or statutory provision and shall be deemed
    45  executory only to the extent of monies available and that  no  liability
    46  shall  be  incurred  by  the  state beyond the monies available for such
    47  purposes, subject to annual appropriation by the legislature.  Any  such
    48  contract  or  any payments made or to be made thereunder may be assigned
    49  or pledged by such authorized issuers as  security  for  its  bonds  and
    50  notes, as authorized by this section.
    51    §  2.  Section  1 of chapter 174 of the laws of 1968, constituting the
    52  New York state urban development corporation act, is amended by adding a
    53  new section 16-n to read as follows:
        S. 6059                            33                            A. 9559
 
     1    § 16-n. Regional economic growth program.  (1) Creation.  The regional
     2  economic growth program is hereby created for the purpose  of  providing
     3  financial   assistance  for  high  technology  or  economic  development
     4  projects that will facilitate the  creation  or  retention  of  jobs  or
     5  increase business activity within a municipality or region of the state.
     6    (2)  Program guidelines. Following consultation with appropriate state
     7  and local agencies and other organizations, the urban development corpo-
     8  ration shall establish guidelines  for  the  selection  of  projects  to
     9  receive  assistance from the regional economic growth program; provided,
    10  however, that such guidelines shall give first priority to projects that
    11  are likely to produce long-term employment growth, or increase  business
    12  activity within a municipality or region of the state.
    13    (3)  Project  selection.  Applications  may be submitted to the corpo-
    14  ration from time to time from municipalities,  nonprofit  organizations,
    15  businesses,  special  districts,  institutions  of  higher education, or
    16  other organizations  for  consideration.  The  corporation  may  provide
    17  grants,  loans  or  combinations thereof, provided that (a) such funding
    18  shall be in the amount of $500,000 or greater unless the chairman of the
    19  urban development corporation  determines  that  the  circumstances  and
    20  merit  of  such projects warrant a waiver of such minimum threshold, and
    21  that such waiver has been approved by the director of  the  budget;  (b)
    22  the  project  will  result  in a significant regional economic impact as
    23  determined by the urban development corporation;  and  (c)  the  project
    24  complies with the guidelines established by the urban development corpo-
    25  ration, as required by subdivision two of this section.
    26    §  3.  This  act  shall take effect immediately and shall be deemed to
    27  have been in full force and effect on and after April 1, 2004.
 
    28                                   PART P
 
    29    Section 1. Paragraphs (b), (c) and (d) of  subdivision  6  of  section
    30  92-s  of  the  state  finance  law, paragraphs (b) and (c) as amended by
    31  chapter 432 of the laws of 1997, and paragraph (d) as amended by section
    32  13 of part E of chapter 61 of the laws of 2000, are amended to  read  as
    33  follows:
    34    (b)  Moneys  from the solid waste account shall be available, pursuant
    35  to appropriation and upon certificate of approval of availability by the
    36  director of the budget, for any non-hazardous municipal landfill closure
    37  project; municipal waste reduction or recycling project, as  defined  in
    38  article  fifty-four  of  the  environmental  conservation  law;  for the
    39  purposes of section  two  hundred  sixty-one  and  section  two  hundred
    40  sixty-four of the economic development law; any project for the develop-
    41  ment,  updating or revision of local solid waste management plans pursu-
    42  ant to sections 27-0107 and 27-0109 of  the  environmental  conservation
    43  law;  [and] for the development of the pesticide sales and use data base
    44  in conjunction with Cornell University pursuant to title twelve of arti-
    45  cle thirty-three of the environmental  conservation  law;  and  for  any
    46  projects  to  assess  and  recover  any  natural resource damages to the
    47  Hudson River.
    48    (c) Moneys  from  the  parks,  recreation  and  historic  preservation
    49  account shall be available, pursuant to appropriation, for any municipal
    50  park   project,  historic  preservation  project,  urban  cultural  park
    51  project,  waterfront  revitalization  program,  coastal   rehabilitation
    52  project,  Hudson River Park project consistent with chapter five hundred
    53  ninety-two of the laws of nineteen hundred  ninety-eight,  and  historic
    54  barn projects.
        S. 6059                            34                            A. 9559
 
     1    (d) Moneys from the open space account shall be available, pursuant to
     2  appropriation, (i) for any open space land conservation project[,]; (ii)
     3  for  bio-diversity  stewardship  and  research  pursuant to chapter five
     4  hundred fifty-four of the  laws  of  nineteen  hundred  ninety-three[,];
     5  (iii)  for  the  purposes of agricultural and farmland protection activ-
     6  ities as authorized by article twenty-five-AAA of  the  agriculture  and
     7  markets law[,]; (iv) for non-point source abatement and control projects
     8  pursuant  to  section  17-1409 of the environmental conservation law and
     9  section eleven-b of the soil and water  conservation  districts  law[,];
    10  (v)  for  soil and water conservation district activities authorized for
    11  reimbursement pursuant to section eleven-a of the soil and water conser-
    12  vation districts law; (vi) for projects to implement  the  Hudson  River
    13  estuary  management  plan  prepared  pursuant  to section 11-0306 of the
    14  environmental conservation law;  (vii)  for  Long  Island  Central  Pine
    15  Barrens  area  planning or Long Island south shore estuary reserve plan-
    16  ning pursuant to title thirteen of article fifty-four  of  the  environ-
    17  mental  conservation  law[, and]; (viii) for operation and management of
    18  the Albany Pine Bush preserve commission pursuant to subdivision two  of
    19  section  54-0303  of  the  environmental  conservation law; and (ix) for
    20  state parks and lands infrastructure and stewardship projects.
    21    § 2. Subdivision 9 of section  92-s  of  the  state  finance  law,  as
    22  amended  by  section 14 of part S1 of chapter 62 of the laws of 2003, is
    23  amended to read as follows:
    24    9. Notwithstanding any other law to the  contrary  and  in  accordance
    25  with  section four of this chapter, the comptroller is hereby authorized
    26  at the direction of the director of the division of the budget to trans-
    27  fer moneys from the general fund to the  environmental  protection  fund
    28  for  the  purpose  of  maintaining  the  solvency  of  the environmental
    29  protection fund. If, in any fiscal year,  moneys  in  the  environmental
    30  protection  fund are deemed insufficient by the director of the division
    31  of the budget to meet actual and anticipated disbursements from  enacted
    32  appropriations  or  reappropriations  made pursuant to this section, the
    33  comptroller shall at the direction of the director of  the  division  of
    34  the  budget,  transfer  from  the  general  fund  to  the  environmental
    35  protection fund moneys  sufficient  to  meet  such  disbursements.  Such
    36  transfers  shall be made only upon certification of need by the director
    37  of the division of the budget, with copies of such  certification  filed
    38  with the chairperson of the senate finance committee, the chairperson of
    39  the  assembly  ways  and  means committee and the state comptroller. The
    40  aggregate amount of all transfers shall not exceed two  hundred  [seven-
    41  ty-seven] seventy-eight million [nine hundred sixty] five hundred seven-
    42  ty-one thousand dollars.
    43    §  3.  Article  54 of the environmental conservation law is amended by
    44  adding a new title 14 to read as follows:
    45                                  TITLE 14
    46        STATE PARKS AND LANDS INFRASTRUCTURE AND STEWARDSHIP PROJECTS
    47  Section 54-1401. Definitions.
    48          54-1402. State parks and lands  infrastructure  and  stewardship
    49                     projects.
    50  § 54-1401. Definitions.
    51    As used in this title:
    52    1.  "Stewardship"  shall  mean  the  care of the lands, facilities and
    53  natural and cultural resources under the jurisdiction of the  department
    54  and  the office of parks, recreation and historic preservation on behalf
    55  of the public, and the provision of public access thereto.
        S. 6059                            35                            A. 9559
 
     1    2. "State parks  and  lands  infrastructure"  shall  mean  state  park
     2  resources,  recreational  facilities  and  historic  sites and any other
     3  property, real or personal, under the jurisdiction of the department and
     4  the office of parks, recreation and historic preservation, together with
     5  machinery,  equipment, furnishings and fixtures relating thereto or used
     6  in connection therewith.
     7    3. "State parks and lands  infrastructure  and  stewardship  projects"
     8  shall  mean  all costs incurred or to be incurred by or on behalf of the
     9  department and the office of parks, recreation and historic preservation
    10  for the purpose of preserving, improving or rehabilitating  state  parks
    11  and lands infrastructure. Such projects may include, but are not limited
    12  to:  natural resource and habitat restoration and protection such as the
    13  protection and management of biological, land, geological, archeological
    14  and other natural resources, survey and inventory, scientific  research,
    15  planning  and  analysis,  and  development  of  unit  management  plans;
    16  projects to improve public access  including  access  opportunities  for
    17  people with disabilities by developing, restoring, reconstructing, reha-
    18  bilitating and maintaining physical facilities, including but not limit-
    19  ed  to buildings, roads, bridges and waste disposal systems; projects to
    20  develop, maintain, or improve marine resource facilities,  water  access
    21  facilities, recreational trails, campgrounds, day use areas, fish hatch-
    22  eries,  public  beach  facilities,  visitor  centers,  interpretive  and
    23  conservation education facilities; and historic preservation projects to
    24  improve, restore  or  rehabilitate  property  listed  on  the  state  or
    25  national  registers of historic places to protect the historic, cultural
    26  or architectural significance thereof.
    27  § 54-1402. State  parks  and  lands   infrastructure   and   stewardship
    28               projects.
    29    1.  The  commissioner  and  the  commissioner of parks, recreation and
    30  historic preservation are authorized to undertake state parks and  lands
    31  infrastructure and stewardship projects.
    32    2.  No  monies shall be expended for state parks and lands infrastruc-
    33  ture and stewardship projects except pursuant to an appropriation there-
    34  for.
    35    § 4. Subdivision 7 of  section  92-s  of  the  state  finance  law  is
    36  REPEALED.
    37    §  5.  Section 54-0301 of the environmental conservation law, as added
    38  by chapter 610 of the laws of 1993, is amended to read as follows:
    39  § 54-0301. Definitions.
    40    For purposes of this title, "open space  land  conservation  projects"
    41  shall  mean  acquisition projects including the purchase of conservation
    42  easements undertaken by the commissioner [and/or], the  commissioner  of
    43  the  office  of  parks,  recreation and historic preservation and/or the
    44  commissioner of the department of agriculture and markets listed in  the
    45  state  open  space land acquisition plan prepared pursuant to title 2 of
    46  article 49 of this chapter.
    47    § 6. Subdivision 1 of section 54-0303 of the  environmental  conserva-
    48  tion  law,  as  added  by chapter 610 of the laws of 1993, is amended to
    49  read as follows:
    50    1. The commissioner [and], the commissioner of the  office  of  parks,
    51  recreation and historic preservation and the commissioner of the depart-
    52  ment  of  agriculture and markets are authorized to undertake open space
    53  land conservation projects.
    54    § 7. The title heading of title 5 of article 54 of  the  environmental
    55  conservation  law,  as  added  by  chapter  610  of the laws of 1993, is
    56  amended to read as follows:
        S. 6059                            36                            A. 9559
 
     1              NON-HAZARDOUS MUNICIPAL LANDFILL CLOSURE PROJECTS
     2               AND MUNICIPAL LANDFILL GAS MANAGEMENT PROJECTS
     3    §  8.  Subdivisions 2, 3 and 4 of section 54-0501 of the environmental
     4  conservation law, subdivision 2 as amended and subdivision 4 as added by
     5  section 17 of part A of chapter 58 of the laws of 1998, subdivision 3 as
     6  added by chapter 610 of the laws of 1993, are amended and two new subdi-
     7  visions 5 and 6 are added to read as follows:
     8    2.  "Municipal [Landfill] landfill closure project"  means  activities
     9  undertaken to close, including by reclamation, a landfill owned or oper-
    10  ated by a municipality to achieve compliance with regulations promulgat-
    11  ed by the department, [or] activities undertaken to implement a landfill
    12  gas management system [project], or activities undertaken to implement a
    13  beneficial end-use.
    14    3.  "Cost"  means  the  capital  cost  of a municipal landfill closure
    15  project or a municipal landfill gas management project, including  engi-
    16  neering and architectural services, plans and specifications, consultant
    17  and  legal  services, and other direct capital expenses incident to such
    18  project, less any federal or other assistance for such project  received
    19  or to be received.
    20    4. "Landfill gas management system" means [a] an active system for the
    21  control,  capture, and management of gas created within and emitted from
    22  a solid waste landfill.
    23    5. "Beneficial end-use" means a public recreational  use,  such  as  a
    24  park, hiking trail, golf course, nature area, baseball field, ski slope,
    25  or  sledding hill, or other public use demonstrated to the department to
    26  be beneficial to a community.
    27    6. "Municipal landfill gas management project" means activities under-
    28  taken to implement a landfill gas management system at an  active  land-
    29  fill which is owned or operated by a municipality.
    30    §  9.  The  section  heading  of  section 54-0503 of the environmental
    31  conservation law, as added by chapter  610  of  the  laws  of  1993,  is
    32  amended and a new subdivision 5 is added to read as follows:
    33    Eligibility  to  receive state assistance payments for municipal land-
    34      fill closure projects.
    35    5. For a beneficial end-use, the landfill must  have  been  closed  in
    36  compliance  with  and  currently  be in compliance with the department's
    37  solid waste management regulations which became  effective  on  December
    38  thirty-first,  nineteen hundred eighty-eight or any subsequent revisions
    39  to such regulations.
    40    § 10. The environmental conservation law is amended by  adding  a  new
    41  section 54-0504 to read as follows:
    42  § 54-0504. Eligibility  to receive state assistance payments for munici-
    43               pal landfill gas management projects.
    44    Any municipality which is the owner or  operator  of  a  landfill  may
    45  apply for state assistance payments toward the cost of a municipal land-
    46  fill  gas  management  project. Any application for a municipal landfill
    47  gas management project must comply with all applicable rules  and  regu-
    48  lations promulgated by the department.
    49    §  11. Subdivision 1 of section 54-0505 of the environmental conserva-
    50  tion law, as added by chapter 610 of the laws of  1993,  is  amended  to
    51  read as follows:
    52    1.  State  assistance  payments  shall  be  approved  only for closure
    53  projects that include plans for closure, post-closure  and  construction
    54  in  accordance  with the department's solid waste management regulations
    55  applicable to new projects[,] which were in effect six months  prior  to
    56  the date of submittal of the final application.
        S. 6059                            37                            A. 9559
 
     1    §  12.  The  environmental conservation law is amended by adding a new
     2  section 54-0506 to read as follows:
     3  § 54-0506. Criteria for municipal landfill gas management projects.
     4    Municipal  landfill  gas  management  project  costs incurred prior to
     5  April first, nineteen hundred ninety-three shall  not  be  eligible  for
     6  state assistance payments funded pursuant to this article.
     7    § 13. Paragraphs b and c of subdivision 2 and subdivision 3 of section
     8  54-0507  of  the environmental conservation law, as added by chapter 610
     9  of the laws of 1993, are amended and subdivision 2 is amended by  adding
    10  a new paragraph d to read as follows:
    11    b. any adverse environmental impact resulting from the municipal land-
    12  fill, including effects on groundwater; [and]
    13    c. the ability of the municipality to pay for the costs of the munici-
    14  pal landfill closure[.] project; and
    15    d.  for  beneficial  end-uses, the community value of the recreational
    16  use to be provided to the public.
    17    3. No monies shall be expended for  non-hazardous  municipal  landfill
    18  closure  projects  or  municipal landfill gas management projects except
    19  pursuant to an appropriation therefor.
    20    § 14. The section heading and subdivision 2 of section 54-0509 of  the
    21  environmental  conservation law, the section heading as added by chapter
    22  610 of the laws of 1993, and subdivision 2 as amended by  section  1  of
    23  part  H  of  chapter  82  of  the  laws  of 2002, are amended to read as
    24  follows:
    25    Contracts for state assistance payments for municipal landfill closure
    26      projects and municipal landfill gas management projects.
    27    2. An agreement by the commissioner to make state assistance  payments
    28  toward  the  cost of the project by periodically reimbursing the munici-
    29  pality for costs incurred during the progress of the project [to]. For a
    30  municipal landfill closure project, which does not  include  a  landfill
    31  gas management system or beneficial end-use, such reimbursement shall be
    32  a  maximum of either fifty percent of the cost, or ninety percent of the
    33  cost for a municipality  with  a  population  smaller  than  thirty-five
    34  hundred  as  determined  by the current federal decennial census, or two
    35  million dollars, whichever is less. [The commissioner may consider land-
    36  fill gas management system projects  separately  from  landfill  closure
    37  projects.]  For  a  landfill  gas  management system, which is part of a
    38  municipal landfill closure project, reimbursement shall be a maximum  of
    39  either  fifty  percent  of the cost, or ninety percent of the cost for a
    40  municipality with a  population  smaller  than  thirty-five  hundred  as
    41  determined  by  the  current  federal  decennial  census, or two million
    42  dollars, whichever is less. For a beneficial end-use, which is part of a
    43  municipal landfill closure project, reimbursement shall be a maximum  of
    44  either  fifty  percent  of the cost, or ninety percent of the cost for a
    45  municipality with a  population  smaller  than  thirty-five  hundred  as
    46  determined  by  the  current  federal  decennial census, or five hundred
    47  thousand dollars, whichever  is  less.  For  a  municipal  landfill  gas
    48  management  project,  reimbursement  shall  be a maximum of either fifty
    49  percent of the cost, or ninety percent of the cost  for  a  municipality
    50  with  a population smaller than thirty-five hundred as determined by the
    51  current federal decennial census, or two million dollars,  whichever  is
    52  less.  Project  costs are subject to final computation and determination
    53  by the commissioner upon completion of the project, and shall not exceed
    54  the maximum cost set forth in the contract. For purposes of this  subdi-
    55  vision,  the approved project cost shall be reduced by the amount of any
    56  specific state assistance payments for  municipal  landfill  closure  or
        S. 6059                            38                            A. 9559
 
     1  municipal landfill gas management project purposes received by the muni-
     2  cipality  from  any  source;  provided, however, that non-specific state
     3  assistance payments, such as amounts paid pursuant to section fifty-four
     4  of the state finance law, shall not be included in such cost reduction.
     5    §  15.  The  section  heading  of section 54-0511 of the environmental
     6  conservation law, as added by chapter  610  of  the  laws  of  1993,  is
     7  amended to read as follows:
     8    Loans  for  municipal landfill closure projects and municipal landfill
     9      gas management projects.
    10    § 16. Section 70-0103 of the environmental conservation law is amended
    11  by adding a new subdivision 6 to read as follows:
    12    6. It is the intent of  the  legislature  that  environmental  justice
    13  concerns be incorporated into the permit review process.
    14    §  17.  The  environmental conservation law is amended by adding a new
    15  section 70-0110 to read as follows:
    16  § 70-0110. Environmental justice technical assistance grant program.
    17    1. The environmental justice technical  assistance  grant  program  is
    18  hereby established.
    19    2.  The  department  shall,  subject  to  appropriation therefor, make
    20  grants of up to fifty thousand dollars per project available to a commu-
    21  nity group or multiple community groups in partnership with each  other,
    22  which  may be adversely affected by a project in order to obtain techni-
    23  cal assistance in interpreting information related to  the  project  and
    24  the  department issuance of a permit related to the project.  To qualify
    25  to receive such grant, a  community  group  must  demonstrate  that  its
    26  members  represent  the  interests  of a potential environmental justice
    27  area affected by such project and that area inhabitants' health, econom-
    28  ic well-being or enjoyment of the environment are potentially threatened
    29  by such project.  Grants awarded under this section may not be used  for
    30  the purpose of political or lobbying activities.
    31    3.  Grants  may  be  awarded for projects for which the department has
    32  received an application for a permit pursuant to the following regulato-
    33  ry programs:
    34    (a) state pollutant discharge  elimination  system  (title  seven  and
    35  eight of article seventeen);
    36    (b) air pollution control (article nineteen);
    37    (c)  solid  waste  management  (title  seven of article twenty-seven),
    38  including, but not limited to, minor modifications involving any tonnage
    39  increases beyond the approved design capacity  and  minor  modifications
    40  involving  an  increase  in the amount of putrescible solid waste beyond
    41  the amount that has already been approved in the existing permit;
    42    (d) industrial hazardous waste management (title nine of article twen-
    43  ty-seven); and
    44    (e) siting of industrial hazardous waste facilities (title  eleven  of
    45  article twenty-seven).
    46    4.  This grant shall not apply to any project where funding for public
    47  participation is already provided.
    48    5. The department may adopt any regulations necessary to implement the
    49  provisions of this section.
    50    6. For the purposes of this section:
    51    (a) "Environmental justice" shall mean the fair treatment and meaning-
    52  ful involvement of all people regardless of race, color, or income  with
    53  respect  to the development, implementation, and enforcement of environ-
    54  mental laws, regulations, and policies. Fair  treatment  means  that  no
    55  group  of  people,  including  a racial, ethnic, or socioeconomic group,
    56  should bear a  disproportionate  share  of  the  negative  environmental
        S. 6059                            39                            A. 9559
 
     1  consequences  resulting from industrial, municipal, and commercial oper-
     2  ations or the execution of federal, state, local,  and  tribal  programs
     3  and policies.
     4    (b)  "Potential  environmental  justice area" shall mean a minority or
     5  low-income community, as those terms are defined by  the  U.S.  Environ-
     6  mental  Protection Agency based on current U.S. Census Bureau data, that
     7  may bear a disproportionate share of the negative  environmental  conse-
     8  quences  resulting from industrial, municipal, and commercial operations
     9  or the execution of federal, state, local, and tribal programs and poli-
    10  cies.
    11    § 18. This act shall take effect immediately and shall  be  deemed  to
    12  have been in full force and effect on and after April 1, 2004.
 
    13                                   PART Q
 
    14    Section  1.  Subdivision  q  of  section  72-0602 of the environmental
    15  conservation law, as amended by chapter 449 of  the  laws  of  2001,  is
    16  relettered subdivision r and amended and a new subdivision q is added to
    17  read as follows:
    18    q.  $50.00  per acre disturbed plus $300.00 per future impervious acre
    19  for any facility, not owned or managed by a local government or a  state
    20  department, agency, or authority, discharging or authorized to discharge
    21  pursuant  to  a SPDES permit for stormwater discharges from construction
    22  activity. For the purposes of  this  subdivision,  acres  disturbed  are
    23  acres  subject  to  clearing,  grading,  or  excavating subject to SPDES
    24  permitting and future impervious acres are  acres  that  will  be  newly
    25  paved  or  roofed  during construction, except that acres newly paved or
    26  roofed that have been determined by  the  department  to  be  considered
    27  pervious shall not be impervious acres;
    28    r.  $50.00  for  any  facility,  other than a municipal separate storm
    29  sewer as defined by 40 CFR §122.26 (b) (8), discharging or authorized to
    30  discharge pursuant to a general permit; unless a higher fee  is  imposed
    31  pursuant  to  subdivisions  a  through  [p]  q  of this section for such
    32  discharge or authorization to discharge, provided  that  the  department
    33  may  by regulation, establish a general permit fee lower than the permit
    34  fee imposed pursuant to subdivisions a through [p] q of this section.
    35    § 2. This act shall take effect immediately and  shall  be  deemed  to
    36  have been in full force and effect on and after April 1, 2004.
 
    37                                   PART R
 
    38    Section  1.  Subdivision  2  of  section  17-1009 of the environmental
    39  conservation law, as amended by section 2 of chapter 442 of the laws  of
    40  2001, is amended to read as follows:
    41    2.  [Within  one year of the promulgation of the rules and regulations
    42  referred to in subdivision one of this section, all owners shall  regis-
    43  ter  the  facility  with  the  department] All owners shall register the
    44  facility with the department.  The department is authorized to assess  a
    45  fee  according to a schedule based on the size and type of [the] facili-
    46  ty, not to exceed [two] five hundred [fifty] dollars per facility.  Such
    47  fee shall be paid at the time of registration or  registration  renewal.
    48  Registration  shall  be  renewed every five years or whenever title to a
    49  facility is transferred, whichever occurs first.  In  addition  to  such
    50  registration  requirements  and  pursuant to leak detection requirements
    51  set forth in section 17-1005 of this title,  notwithstanding  any  other
    52  provision  of  law, rule or regulation, the department shall duly notify
        S. 6059                            40                            A. 9559
 
     1  the facility owner of the requirement for  such  owner  to  perform  the
     2  required  tightness  test  on a petroleum bulk storage tank no less than
     3  forty-five days prior to the date of the test expiration  on  the  tank.
     4  [Registration  shall  be renewed every five years or whenever title to a
     5  facility is transferred, whichever first  occurs.]  All  fees  collected
     6  pursuant to this subdivision shall be deposited in the New York environ-
     7  mental  protection  and  spill compensation fund established pursuant to
     8  section one hundred seventy-nine of the navigation law. The  owner  must
     9  submit,  with each application for registration or registration renewal,
    10  a five-year fee as follows:
    11  Combined Storage Capacity at Facility              5-Year Fee
    12  Greater than 1,000 to 2,000 gallons                $100 per facility
    13  Greater than 2,000 gallons to
    14  less than 5,000 gallons                            $300 per facility
    15  5,000 gallons to less than
    16  400,000 gallons                                    $500 per facility
    17    § 2. Paragraph (a) of subdivision 2 of section 179 of  the  navigation
    18  law, as amended by chapter 65 of the laws of 1991, is amended to read as
    19  follows:
    20    (a)  An  account  which  shall  be  credited with all license fees and
    21  penalties collected pursuant to paragraph (b)  of  subdivision  one  and
    22  paragraph (a) of subdivision four of section one hundred seventy-four of
    23  this  article, penalties collected pursuant to paragraph (b) of subdivi-
    24  sion four  of  section  one  hundred  seventy-four-a  of  this  article,
    25  [moneys] money collected pursuant to section one hundred eighty-seven of
    26  this  article,  [and]  all  penalties  collected pursuant to section one
    27  hundred ninety-two of this  article,  and  registration  fees  collected
    28  pursuant  to  subdivision  two  of  section 17-1009 of the environmental
    29  conservation law.
    30    § 3. Subdivision 3 of section 362 of chapter 83 of the laws  of  1995,
    31  amending  the  environmental conservation law and other laws relating to
    32  the registration of petroleum bulk storage  facilities,  as  amended  by
    33  section  2  of  part E of chapter 413 of the laws of 1999, is amended to
    34  read as follows:
    35    3.  Sections fifteen [through seventeen] and sixteen of this act shall
    36  take effect immediately and shall be deemed to have been in  full  force
    37  and  effect  on  and after April 1, 1995, and shall expire and be deemed
    38  repealed April 1, 2004;
    39    § 4. This act shall take effect immediately; provided,  however,  that
    40  sections  one  and two of this act shall take effect on the same date as
    41  the reversion of subdivision 2 of section 17-1009 of  the  environmental
    42  conservation  law  and  paragraph (a) of subdivision 2 of section 179 of
    43  the navigation law as provided in subdivision 3 of section 362 of  chap-
    44  ter 83 of the laws of 1995, as amended.
 
    45                                   PART S
 
    46    Section 1. Subdivision 1 of section 405 of the agriculture and markets
    47  law,  as added by chapter 259 of the laws of 2000, is amended to read as
    48  follows:
    49    1. The commissioner or his or her authorized agents [shall, at a mini-
    50  mum, make yearly inspections of] may inspect pet dealers' facilities  to
    51  ensure  compliance  with  the  provisions  of  this article and with the
    52  provisions of article thirty-five-D of the general business law[, except
    53  for those pet dealers who engage in the sale of  less  than  twenty-five
    54  animals  in  a year, in which case inspections shall be made whenever in
        S. 6059                            41                            A. 9559

     1  the discretion of the commissioner or his or her  authorized  agents,  a
     2  complaint warrants such investigation].
     3    § 2. This act shall take effect immediately.
 
     4                                   PART T
 
     5    Section  1.  Subparagraph  2  of paragraph g of the ninth undesignated
     6  paragraph of section 1005 of the public authorities law, as  amended  by
     7  section 1 of part C1 of chapter 62 of the laws of 2003, is amended and a
     8  new subparagraph 2-a is added to read as follows:
     9    2. The authority, as deemed feasible and advisable by the trustees, is
    10  authorized  to make an additional annual voluntary contribution into the
    11  state treasury to the credit of the general fund.  The  authority  shall
    12  make  such  contribution  no later than ninety days after the end of the
    13  calendar year in which a credit under subdivision nine  of  section  one
    14  hundred  eighty-six-a  of  the  tax  law is available for the additional
    15  three hundred megawatts of power under the fourth phase of  the  program
    16  provided under chapter sixty-three of the laws of two thousand and under
    17  the  fifth  phase  for the additional one hundred eighty-three megawatts
    18  provided under chapter two hundred twenty-six of the laws of  two  thou-
    19  sand  two.  Such  annual contribution shall be equal to fifty percent of
    20  the total amount of such  credits  available  each  year  to  all  local
    21  distributors of electricity.  [In addition, such] Such authorization for
    22  contribution  in  state fiscal year two thousand two--two thousand three
    23  shall be equal to the total amount of credit available in  two  thousand
    24  one  and  two  thousand  two; and such authorization for contribution in
    25  state fiscal year two thousand three--two thousand four shall  be  equal
    26  to  the  total  amount  of credit available in two thousand three; under
    27  subdivision nine of section one hundred  eighty-six-a  of  the  tax  law
    28  under  the  fourth phase of the program for the additional three hundred
    29  megawatts provided under chapter sixty-three of the laws of two thousand
    30  and under the fifth phase for the additional  one  hundred  eighty-three
    31  megawatts  provided  under chapter two hundred twenty-six of the laws of
    32  two thousand two.    In  addition,  in  state fiscal  year two  thousand
    33  four--two  thousand  five,  such authorized annual contribution shall be
    34  equal to one hundred percent of the total amount of such credits  avail-
    35  able  each  year to all local distributors of electricity. Such authori-
    36  zation for contribution in state fiscal year two thousand four  and  two
    37  thousand  five shall be equal to the total amount of credit available in
    38  two thousand four and two  thousand  five;  under  subdivision  nine  of
    39  section  one  hundred eighty-six-a of the tax law under the fourth phase
    40  of the program for the additional three hundred megawatts provided under
    41  chapter sixty-three of the laws of two  thousand  and  under  the  fifth
    42  phase  for  the  additional  one hundred eighty-three megawatts provided
    43  under chapter two hundred twenty-six of the laws of  two  thousand  two.
    44  The  department  of public service shall estimate the payment due by the
    45  end of the calendar year in which the credit is available.   In no  case
    46  shall  the amount of the total annual contributions for the years during
    47  which delivery and sale of phase four and phase five power takes  place,
    48  and  during  the  power  for  jobs  electricity savings rebates program,
    49  exceed the aggregate total of [one] two  hundred  [twenty-five]  thirty-
    50  five  million  dollars. Such aggregate total shall be in addition to any
    51  contribution made pursuant to subparagraph one of this paragraph.
    52    2-a. The authority, as deemed feasible and advisable by the  trustees,
    53  is  authorized  to make an additional annual voluntary contribution into
    54  the state treasury to the credit of the  miscellaneous  special  revenue
        S. 6059                            42                            A. 9559
 
     1  fund  (339)  power  for  jobs  account  for the purpose of providing one
     2  hundred percent funding for  the  power  for  jobs  electricity  savings
     3  rebates  program  administered  by  the urban development corporation as
     4  established  in section one hundred eighty-nine of the economic develop-
     5  ment law.
     6    § 2.  Subdivision (a) of section 189 of the economic  development  law
     7  is amended by adding a new paragraph 5 to read as follows:
     8    5.  "Power  for  jobs electricity savings rebates" shall mean payments
     9  made by the urban development corporation as recommended by the board to
    10  recipients of allocations of power under phases four  and  five  of  the
    11  power  for  jobs  program for a period of time until March thirty-first,
    12  two thousand five, subsequent to the expiration of their phase  four  or
    13  five  power for jobs contracts.  Such rebates shall be made with respect
    14  to four quarterly (three month) periods. The "basic rebate" is an amount
    15  that when credited against the recipient's actual "unit  cost  of  elec-
    16  tricity"  during  a quarter (meaning the cost for commodity and delivery
    17  per kilowatt-hour for the quantity of electricity  purchased  under  the
    18  power  for jobs program during a similar period in the final year of the
    19  recipient's contract), results in an effective unit cost of  electricity
    20  during  the  quarter  equal to the average unit cost of electricity such
    21  recipient paid during the final year of the contract for power allocated
    22  under phase four or five of the power for jobs program.
    23    § 3. Section 189 of the economic development law is amended by  adding
    24  a new subdivision (1) to read as follows:
    25    (1)  The board shall solicit and review applications for the power for
    26  jobs electricity savings rebates from recipients of power for jobs allo-
    27  cations under phases four and five of the program and  make  recommenda-
    28  tions  to  the  urban  development  corporation  for  the  award of such
    29  rebates. The board may prescribe a simplified form and  content  for  an
    30  application  for  such  rebates. An applicant shall be eligible to apply
    31  for such rebates only if it is in compliance with and agrees to continue
    32  to meet the job retention and creation  commitments  set  forth  in  its
    33  prior  power  for jobs contract, or such other or revised commitments as
    34  the board deems reasonable. The board shall review such applications and
    35  make recommendations to the urban development corporation for the  award
    36  of such rebates for a period of time up to March thirty-first, two thou-
    37  sand five and other terms and conditions as the urban development corpo-
    38  ration  deems  appropriate.  The  urban  development  corporation  shall
    39  receive recommendations from the board regarding the award of power  for
    40  jobs  electricity  savings  rebates  and,  subject  to an appropriation,
    41  administer the award of such rebates with the assistance  of  the  power
    42  authority of the state of New York. Any such rebates shall be subject to
    43  proportional  reduction  by  the urban development corporation if and to
    44  the extent that the recipient is not in compliance with the job  commit-
    45  ments  upon which such rebates were recommended by the board, all as set
    46  forth in an agreement between the recipient and  the  urban  development
    47  corporation.  The  authority  shall  assist the urban development corpo-
    48  ration in the administration of the power for jobs  electricity  savings
    49  rebate program.
    50    §  4.  This  act  shall take effect immediately and shall be deemed to
    51  have been in full force and effect on and after April 1, 2004; provided,
    52  however, that the amendments to paragraph g of  the  ninth  undesignated
    53  paragraph  of section 1005 of the public authorities law made by section
    54  one of this act shall not affect the  expiration  of  such  undesignated
    55  paragraph and shall be deemed to expire therewith; and provided further,
    56  that  the amendments to section 189 of the economic development law made
        S. 6059                            43                            A. 9559
 
     1  by sections two and three of this act shall not  affect  the  repeal  of
     2  such section and shall be deemed repealed therewith.
     3    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     4  sion,  section  or  part  of  this act shall be adjudged by any court of
     5  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     6  impair,  or  invalidate  the remainder thereof, but shall be confined in
     7  its operation to the clause, sentence, paragraph,  subdivision,  section
     8  or part thereof directly involved in the controversy in which such judg-
     9  ment shall have been rendered. It is hereby declared to be the intent of
    10  the  legislature  that  this  act  would  have been enacted even if such
    11  invalid provisions had not been included herein.
    12    § 3. This act shall take effect immediately  provided,  however,  that
    13  the  applicable effective date of Parts A through T of this act shall be
    14  as specifically set forth in the last section of such Parts.
        S. 6059                            44                            A. 9559
 
                        2004-2005 NEW YORK STATE EXECUTIVE BUDGET
 
                 TRANSPORTATION, ECONOMIC DEVELOPMENT AND ENVIRONMENTAL
                          CONSERVATION ARTICLE VII LEGISLATION
 
                                        CONTENTS
                                                                       STARTING
                                                                         PAGE
        PART      DESCRIPTION                                           NUMBER
          A       Authorize funding for the Cornell Supercomputer.         3
          B       Provide the annual authorization for the CHIPs and
                  Marchiselli local transportation programs.               3
          C       Revise and expand the heavyweight truck permit system
                  administered by the Department of Transportation.        5
          D       Delay implementation of the State Hazmat Finger-
                  printing Program to address Federal requirements.       15
          E       Establish a Driver Responsibility Program imposing
                  additional monetary assessments for drivers convicted
                  of drug or alcohol-related offenses; or who refuse to
                  submit to chemical tests; or who accumulate six or
                  more points on their driving records.                   15
          F       Expand the Waste Tire Management and Recycling Act
                  of 2003 to include new tires sold for motorcycles
                  and all-terrain vehicles.                               16
          G       Authorize assessments on utilities to be used for
                  New York State Energy Research and Development
                  Authority research costs.                               17
          H       Authorize certain State agencies to finance their
                  activities with revenues from assessments on public
                  utilities and cable companies.                          17
          I       Increase all terrain vehicle (ATV) and snowmobile
                  fees; create an ATV trail development and maintenance
                  program; and provide reimbursement to local
                  governments for State Forest Property Tax Credits.      19
          J       Authorize the Public Service Commission to redirect
                  certain revenue from currency-operated telephone
                  assessments and underground facility training fees
                  to the General Fund.                                    27
          K       Establish new biennial inspection fee for food
                  establishments; achieve efficiencies in the inspection
                  of retail food stores; and require preventative
                  measures to better protect the safety of the State's
                  food supply.                                            28
          L       Increase and restructure air regulatory fees.           30
          M       Authorize the New York State Energy Research and
                  Development Authority to make payments to the General
                  Fund and the Environmental Conservation Special
                  Revenue Fund.                                           31
          N       Make permanent the general loan powers of the New
                  York State Urban Development Corporation.               31
          O       Establish the $250 million Regional Economic Growth
                  Program to be administered by the New York State
                  Urban Development Corporation (UDC); and provide
                  UDC, or other public authorities if appropriate,
                  with bonding authority to finance the program.          32
          P       Authorize additional purposes for the Environmental
        S. 6059                            45                            A. 9559
 
                  Protection Fund.                                        33
          Q       Establish acreage-based fees for stormwater
                  management permits.                                     39
          R       Make permanent provisions relating to petroleum bulk
                  storage fees to support the Oil Spill Program.          39
          S       Eliminate annual inspection requirement for pet
                  dealers' facilities and authorize the Department
                  of Agriculture and Markets to conduct inspections
                  on a risk-based frequency.                              40
          T       Re-authorize the New York Power Authority to make
                  contributions to the General Fund to fully support
                  the Power for Jobs Program and authorize a new
                  rebate program.                                         41