RETRIEVE BILL TED - 0607
STATE OF NEW YORK
________________________________________________________________________
S. 6459 A. 9559
SENATE - ASSEMBLY
January 20, 2006
___________
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 amend the environmental conservation law, in relation to fees
collected on surf clams and ocean quahogs taken from certified waters
(Part A); to amend the state finance law and the environmental conser-
vation law, in relation to expanding the purposes for which the envi-
ronmental protection fund can be used, municipal landfill closure
projects and state assistance payments for beneficial end-uses, imple-
mentation of the recommendations of the invasive species task force
report, municipal assistance for quality communities projects for the
oceans and great lakes initiative, and water quality improvement
projects; to amend the tax law, in relation to allowing for additional
deposits to be made to the environmental protection fund; and to
repeal certain provisions of the state finance law relating thereto
(Part B); to provide for the utilization of utility assessment funds
(Part C); to amend the agriculture and markets law, in relation to
maximum penalties (Part D); to provide for the transfer of moneys from
the New York state energy research and development authority (Part E);
to amend the environmental conservation law, in relation to the regis-
tration of well drillers, state pollutant discharge elimination system
program fees, and dam fees (Part F); to amend the environmental
conservation law, the vehicle and traffic law and the state finance
law, in relation to the use of all terrain vehicles on certain public
lands, providing for state assistance payments for all terrain vehicle
trail development and maintenance fund and the enforcement of the
operation of all terrain vehicles and registration of such vehicles;
and to repeal subdivision 12 of section 2282 of the vehicle and traf-
fic law relating to out of state registration of all terrain vehicles
(Part G); to amend the agriculture and markets law, in relation to the
powers of the department (Part H); to amend the environmental conser-
vation law, in relation to operating permit program fees (Part I); to
authorize funding for the Consolidated Local Street and Highway
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12273-02-6
S. 6459 2 A. 9559
Improvement Program (CHIPS) and Marchiselli programs for State fiscal
year 2006-07 (Part J); to amend the highway law and the public author-
ities law, in relation to establishing a department of transportation
and thruway authority pilot programs for design-build (Part K); to
amend the transportation law and the public authorities law, in
relation to transportation development partnerships (Part L); to amend
the vehicle and traffic law, in relation to increasing certain motor
vehicle transaction fees (Part M); to amend the vehicle and traffic
law, in relation to disqualifications of commercial driver's license
holders; and to repeal subparagraph (iv) of paragraph (a) of subdivi-
sion 4 of section 501-a of such law relating to making buses commer-
cial vehicles (Part N); to amend the vehicle and traffic law, in
relation to mailing of suspension and revocation orders (Part O); to
amend the public authorities law, in relation to increasing the aggre-
gate principal amount of bonds, notes, or other obligations issued by
the Metropolitan Transportation Authority to fund projects contained
in its approved capital program plans (Part P); to amend chapter 413
of the laws of 1999, relating to providing for mass transportation
payments, in relation to including Oneida County with those counties
receiving payments of mass transportation operating assistance (Part
Q); to amend chapter 21 of the laws of 2003 amending the executive law
relating to permitting the secretary of state to provide special
handling for all documents filed or issued by the division of corpo-
rations and to permit additional levels of such expedited service, in
relation to making such provisions permanent (Part R); to amend the
environmental conservation law and the state finance law, in relation
to freshwater wetlands; to repeal certain provisions of the environ-
mental conservation law relating thereto; and to repeal title 11 of
article 24 of the environmental conservation law, relating to the
freshwater wetlands appeals board (Part S); to provide for the utili-
zation of utility assessment funds (Part T); to amend the banking law,
in relation to increasing investigation fees and increasing penalties
for various violations of the banking law; to repeal subdivision 5 of
section 17 of the banking law relating to expenses of the banking
department; and to repeal section 594-a of the banking law relating to
annual fees for licenses and registrations (Part U); to amend chapter
279 of the laws of 1998, amending the transportation law relating to
enabling the commissioner of transportation to establish a single
audit pilot program, in relation to making permanent the provisions of
the single state audit (Part V); to amend the state finance law, in
relation to the linked deposit program (Part W); to amend the insur-
ance law, in relation to increasing penalties for violating various
provisions of the insurance law and authorizing the superintendent of
insurance to issue cease and desist orders where there is reasonable
cause to believe that a person is violating or is about to violate any
provision of the insurance law or any regulation promulgated by the
insurance department (Part X); 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 (Part Y); to amend the public authorities law, in relation
to the powers and duties of the authority to provide financing for
Hadassah (Part Z); to amend the environmental conservation law, in
relation to the hazardous wastewater surcharge (Part AA); to authorize
the dormitory authority to provide funding for the Cornell University
theory center (Part BB); to amend the public authorities law, in
relation to the bond issuance charge levied on public authorities and
S. 6459 3 A. 9559
certain public benefit corporations; and to repeal section 2976 of the
public authorities law, relating to cost recovery on the issuance of
certain bonds (Part CC); 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 DD); to authorize the New
York state urban development corporation, the dormitory authority of
the state of New York, the New York state environmental facilities
corporation, the New York state housing finance agency and the New
York state thruway authority to issue bonds or notes in support of
priority economic development projects (Part EE); relating to reallo-
cation of loans and direct appropriations to the New York state urban
development corporation (Part FF); and to amend the economic develop-
ment law, the public authorities law, chapter 316 of the laws of 1997
amending the public authorities law and other laws relating to the
provision of low cost power to foster statewide economic development
and the tax law, in relation to reauthorizing the New York power
authority to make contributions to the general fund and authorize the
continuation of New York power authority economic development
programs, including the power for jobs and energy cost savings benefit
programs (Part GG)
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2006-2007
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through GG. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes a reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. Subdivision 14 of section 13-0309 of the environmental
14 conservation law, as amended by section 1 of part A of chapter 82 of the
15 laws of 2002, is amended to read as follows:
16 14. The department[, until April first, two thousand six] shall be
17 entitled to collect fifteen cents per bushel of surf clams and ten cents
18 per bushel of ocean quahogs taken from all certified waters to be depos-
19 ited in the surf clam/ocean quahog account as provided in section eight-
20 y-three of the state finance law.
21 § 2. This act shall take effect immediately and shall be deemed to
22 have been in full force and effect on and after April 1, 2006.
23 PART B
24 Section 1. Paragraph a of subdivision 2 of section 92-s of the state
25 finance law, as added by chapter 610 of the laws of 1993, is amended to
26 read as follows:
S. 6459 4 A. 9559
1 a. The comptroller shall establish the following separate and distinct
2 accounts within the environmental protection fund:
3 (i) solid waste account;
4 (ii) parks, recreation and historic preservation account;
5 (iii) open space account; [and]
6 (iv) water account; and
7 (v) environmental protection transfer account.
8 § 2. Paragraphs (a), (b), (c) and (d) of subdivision 6 of section 92-s
9 of the state finance law, paragraphs (a), (b) and (c) as amended by
10 chapter 432 of the laws of 1997, paragraph (d) as amended by section 13
11 of part E of chapter 61 of the laws of 2000, are amended and a new para-
12 graph (f) is added to read as follows:
13 (a) All moneys heretofore and hereafter deposited in the environmental
14 protection transfer account shall be transferred by the comptroller to
15 the solid waste account, the parks, recreation and historic preservation
16 account [or], the open space account or the water account upon the
17 request of the director of the budget.
18 (b) Moneys from the solid waste account shall be available, pursuant
19 to appropriation and upon certificate of approval of availability by the
20 director of the budget[,]: (i) for any non-hazardous municipal landfill
21 closure project; municipal waste reduction or recycling project, as
22 defined in article fifty-four of the environmental conservation law;
23 (ii) for the purposes of section two hundred sixty-one and section two
24 hundred sixty-four of the economic development law; (iii) for any
25 project for the development, updating or revision of local solid waste
26 management plans pursuant to sections 27-0107 and 27-0109 of the envi-
27 ronmental conservation law; [and] (iv) for the development of the pesti-
28 cide sales and use data base in conjunction with Cornell University
29 pursuant to title twelve of article thirty-three of the environmental
30 conservation law; and (v) for any projects to assess and recover any
31 natural resource damages to the Hudson River.
32 (c) Moneys from the parks, recreation and historic preservation
33 account shall be available, pursuant to appropriation[,] : (i) for any
34 municipal park project[,]; (ii) for any historic preservation
35 project[,]; (iii) for any urban cultural park project[,]; (iv) for the
36 waterfront revitalization program[,]; (v) for any coastal rehabilitation
37 project; (vi) for any Hudson River Park project consistent with chapter
38 five hundred ninety-two of the laws of nineteen hundred ninety-eight;
39 (vii) for any historic barn projects; (viii) for state parks and lands
40 infrastructure access and stewardship projects pursuant to title fifteen
41 of article fifty-four of the environmental conservation law; and (ix)
42 for zoos, botanical gardens and aquaria programs.
43 (d) Moneys from the open space account shall be available, pursuant to
44 appropriation[,]: (i) for any open space land conservation project[,];
45 (ii) for bio-diversity stewardship and research pursuant to chapter five
46 hundred fifty-four of the laws of nineteen hundred ninety-three[,];
47 (iii) for the purposes of agricultural and farmland protection activ-
48 ities as authorized by article twenty-five-AAA of the agriculture and
49 markets law[, non-point source abatement and control projects pursuant
50 to section 17-1409 of the environmental conservation law and section
51 eleven-b of the soil and water conservation districts law,]; (iv) for
52 Long Island Central Pine Barrens area planning [or Long Island south
53 shore estuary reserve planning] pursuant to title thirteen of article
54 fifty-four of the environmental conservation law[, and];(v) for opera-
55 tion and management of the Albany Pine Bush preserve commission pursuant
56 to subdivision two of section 54-0303 of the environmental conservation
S. 6459 5 A. 9559
1 law; (vi) for quality communities projects pursuant to title seventeen
2 of article fifty-four of the environmental conservation law and (vii)
3 for implementation of the recommendations of the invasive species task
4 force report prepared pursuant to chapter three hundred twenty-four of
5 the laws of two thousand three, including, but not limited to, projects
6 for invasive species prevention, early detection and rapid response,
7 eradication, information management, applied research, and education and
8 outreach.
9 (f) Moneys from the water account shall be available, pursuant to
10 appropriation: (i) for non-point source abatement and control projects
11 pursuant to section 17-1409 of the environmental conservation law and
12 section eleven-b of the soil and water conservation districts law; (ii)
13 for soil and water conservation district activities authorized for
14 reimbursement pursuant to section eleven-a of the soil and water conser-
15 vation districts law; (iii) for projects to implement the Hudson River
16 estuary management plan prepared pursuant to section 11-0306 of the
17 environmental conservation law; (iv) for Long Island south shore estuary
18 reserve planning pursuant to title thirteen of article fifty-four of the
19 environmental conservation law; (v) for the state share of the costs of
20 water quality improvement projects, as defined in paragraphs (a) and (c)
21 of subdivision thirty-one of section 56-0101 of the environmental
22 conservation law; (vi) for the Finger Lakes-Lake Ontario watershed
23 protection alliance; and (vii) for the oceans and Great Lakes initi-
24 ative.
25 § 3. Subdivision 9 of section 92-s of the state finance law, as
26 amended by section 2 of part C of chapter 63 of the laws of 2005, is
27 amended to read as follows:
28 9. Notwithstanding any other law to the contrary and in accordance
29 with section four of this chapter, the comptroller is hereby authorized
30 at the direction of the director of the division of the budget to trans-
31 fer moneys from the general fund to the environmental protection fund
32 for the purpose of maintaining the solvency of the environmental
33 protection fund. If, in any fiscal year, moneys in the environmental
34 protection fund are deemed insufficient by the director of the division
35 of the budget to meet actual and anticipated disbursements from enacted
36 appropriations or reappropriations made pursuant to this section, the
37 comptroller shall at the direction of the director of the division of
38 the budget, transfer from the general fund to the environmental
39 protection fund moneys sufficient to meet such disbursements. Such
40 transfers shall be made only upon certification of need by the director
41 of the division of the budget, with copies of such certification filed
42 with the chairperson of the senate finance committee, the chairperson of
43 the assembly ways and means committee and the state comptroller. The
44 aggregate amount of all transfers shall not exceed three hundred [two]
45 twelve million one hundred seventy-one thousand dollars.
46 § 4. Article 54 of the environmental conservation law is amended by
47 adding a new title 15 to read as follows:
48 TITLE 15
49 STATE PARKS AND LANDS INFRASTRUCTURE ACCESS AND STEWARDSHIP
50 PROJECTS
51 Section 54-1501. Definitions.
52 54-1503. State parks and lands infrastructure access and
53 stewardship projects.
54 § 54-1501. Definitions.
55 As used in this title:
S. 6459 6 A. 9559
1 1. "Stewardship" shall mean the care of the lands, facilities and
2 natural and cultural resources under the jurisdiction of the department
3 and the office of parks, recreation and historic preservation on behalf
4 of the public, and the provision of public access thereto.
5 2. "State parks and lands infrastructure" shall mean state park
6 resources, recreational facilities and historic sites and any other
7 property, real or personal, under the jurisdiction of the department and
8 the office of parks, recreation and historic preservation, together with
9 machinery, equipment, furnishings and fixtures relating thereto or used
10 in connection therewith.
11 3. "State parks and lands infrastructure access and stewardship
12 projects" shall mean all costs incurred or to be incurred by or on
13 behalf of the department and the office of parks, recreation and histor-
14 ic preservation for the purpose of preserving, improving or rehabilitat-
15 ing state parks and lands infrastructure. Such projects may include, but
16 are not limited to: natural resource and habitat restoration and
17 protection such as the protection and management of biological, land,
18 geological, archeological and other natural resources, survey and inven-
19 tory, scientific research, planning and analysis, and development of
20 unit management plans; projects to improve public access including
21 access opportunities for people with disabilities by developing, restor-
22 ing, reconstructing, rehabilitating and maintaining physical facilities,
23 including but not limited to buildings, roads, bridges and waste
24 disposal systems; projects to develop, maintain, or improve marine
25 resource facilities, water access facilities, recreational trails, camp-
26 grounds, day use areas, fish hatcheries, public beach facilities, visi-
27 tor centers, interpretive and conservation education facilities; and
28 historic preservation projects to improve, restore or rehabilitate prop-
29 erty listed on the state or national registers of historic places to
30 protect the historic, cultural or architectural significance thereof.
31 § 54-1503. State parks and lands infrastructure access and stewardship
32 projects.
33 1. The commissioner and the commissioner of parks, recreation and
34 historic preservation are authorized to undertake state parks and lands
35 infrastructure and stewardship projects.
36 2. No monies shall be expended for state parks and lands infrastruc-
37 ture access and stewardship projects except pursuant to an appropriation
38 therefor.
39 § 5. Subdivision 7 of section 92-s of the state finance law is
40 REPEALED.
41 § 6. Subdivision 2 of section 54-0501 of the environmental conserva-
42 tion law, as amended by section 2 of part L of chapter 59 of the laws of
43 2005, is amended and a new subdivision 6 is added to read as follows:
44 2. "Municipal landfill closure project" means activities undertaken to
45 close, including by reclamation, a landfill owned or operated by a muni-
46 cipality to achieve compliance with regulations promulgated by the
47 department, [or] activities undertaken to implement a landfill gas
48 management system, or activities undertaken to implement a beneficial
49 end-use.
50 6. "Beneficial end-use" means a public recreational use, such as a
51 park, hiking trail, golf course, nature area, baseball field, ski slope,
52 or sledding hill, or other public use demonstrated to the department to
53 be beneficial to the community.
54 § 7. Section 54-0503 of the environmental conservation law is amended
55 by adding a new subdivision 5 to read as follows:
S. 6459 7 A. 9559
1 5. For a beneficial end-use, the landfill must have been closed in
2 compliance with and currently be in compliance with the department's
3 solid waste management regulations that became effective on December
4 thirty-first, nineteen hundred eighty-eight or any subsequent revisions
5 to such regulations.
6 § 8. Paragraphs b and c of subdivision 2 of section 54-0507 of the
7 environmental conservation law, as added by chapter 610 of the laws of
8 1993, are amended and a new paragraph d is added to read as follows:
9 b. any adverse environmental impact resulting from the municipal land-
10 fill, including effects on groundwater; [and]
11 c. the ability of the municipality to pay for the costs of the munici-
12 pal landfill closure[.] project; and
13 d. for beneficial end-uses, the community value of the recreational
14 use to be provided to the public.
15 § 9. Subdivision 2 of section 54-0509 of the environmental conserva-
16 tion law, as amended by section 8 of part L of chapter 59 of the laws of
17 2005, is amended to read as follows:
18 2. An agreement by the commissioner to make state assistance payments
19 toward the cost of the project by periodically reimbursing the munici-
20 pality for costs incurred during the progress of the project a maximum
21 of either fifty percent of the cost, or ninety percent of the cost for a
22 municipality with a population of less than thirty-five hundred accord-
23 ing to the current federal decennial census, or two million dollars,
24 whichever is less. For a municipal landfill closure project, which does
25 not include a landfill gas management system, such reimbursement shall
26 be a maximum of either fifty percent of the cost, or ninety percent of
27 the cost for a municipality with a population smaller than thirty-five
28 hundred as determined by the current federal decennial census, or two
29 million dollars, whichever is less. For a landfill gas management
30 system, which is part of a municipal landfill closure project,
31 reimbursement shall be a maximum of either fifty percent of the cost, or
32 ninety percent of the cost for a municipality with a population smaller
33 than thirty-five hundred as determined by the current federal decennial
34 census, or two million dollars, whichever is less. For a municipal land-
35 fill gas management project, reimbursement shall be a maximum of either
36 fifty percent of the cost, or ninety percent of the cost for a munici-
37 pality with a population smaller than thirty-five hundred as determined
38 by the current federal decennial census, or two million dollars, which-
39 ever is less. For a beneficial end-use, which is part of a municipal
40 landfill closure project, reimbursement shall be a maximum of either
41 fifty percent of the cost, ninety percent of the cost for a municipality
42 with a population of less than thirty-five hundred according to the
43 current federal decennial census, or five hundred thousand dollars,
44 whichever is less. Project costs are subject to final computation and
45 determination by the commissioner upon completion of the project, and
46 shall not exceed the maximum cost set forth in the contract. For
47 purposes of this subdivision, the approved project cost shall be reduced
48 by the amount of any specific state assistance payments for municipal
49 landfill closure or municipal landfill gas management project purposes
50 received by the municipality from any source; provided, however, that
51 non-specific state assistance payments, such as amounts paid pursuant to
52 section fifty-four of the state finance law, shall not be included in
53 such cost reduction.
54 § 10. Short title. Sections eleven and twelve of this act shall be
55 known and may be cited as the "quality communities implementation act".
S. 6459 8 A. 9559
1 § 11. Legislative findings and intent. The legislature finds that the
2 quality of our communities is dependent upon such critical interrelated
3 factors as environmental quality and economic vitality; that our envi-
4 ronmental quality and economic vitality is advanced by sound community
5 planning; and that successful community planning depends upon creative
6 strategies which embrace environmental protection and economic growth,
7 therefore, it is the intent of the legislature to provide state assist-
8 ance for projects within our communities that support and advance crea-
9 tive strategies and projects which build upon each community's assets,
10 its natural resources, cultural and economic strengths and other unique
11 characteristics, consistent with the principles of quality communities.
12 § 12. Article 54 of the environmental conservation law is amended by
13 adding a new title 17 to read as follows:
14 TITLE 17
15 QUALITY COMMUNITIES
16 Section 54-1701. Definitions.
17 54-1703. Approval and execution of activities.
18 § 54-1701. Definitions.
19 As used in this title the following terms shall mean and include:
20 1. "Quality communities activity" means an intermunicipal growth
21 program, a community growth program, a community center program, a
22 community open space program or a mountain communities program.
23 2. "Quality communities principles" means the following:
24 a. public investment: to plan so as to account for and minimize the
25 additional public costs of new development, including infrastructure
26 costs such as transportation, sewers and waste-water treatment, water,
27 schools, recreation, open space and other environmental impacts;
28 b. economic development: to encourage redevelopment of existing commu-
29 nity centers, and to encourage new development in areas where transpor-
30 tation, water and sewer infrastructure are readily available;
31 c. conservation and restoration: to protect, preserve, enhance and
32 restore the state's natural and historic resources, including agricul-
33 tural land, forests, surface water and groundwater, recreation and open
34 space, scenic areas, significant habitats, and significant historic and
35 archaeological sites;
36 d. partnerships: to establish intermunicipal and other intergovern-
37 mental partnerships to address development issues which transcend munic-
38 ipal boundaries, and which are best addressed by effective partnerships
39 among levels of government, in order to increase efficient, planned, and
40 cost-effective delivery of government services by, among other means,
41 facilitating cooperative agreements among adjacent communities and to
42 ensure within a regional context, the appropriate balance between devel-
43 opment and open space protection;
44 e. community livability: to strengthen communities' sense of place by
45 encouraging communities to adopt development and redevelopment strate-
46 gies which build on each community's vision for its future, including
47 integration of all income and age groups, mixed land uses and compact
48 development, downtown revitalization, open space protection, brownfield
49 redevelopment, enhanced beauty in public spaces, and diverse and afford-
50 able housing in proximity to places of employment, recreation and
51 commercial development;
52 f. transportation: to provide transportation choices, including
53 increasing public transit, pedestrian and bicycle and other choices, in
54 order to improve health and quality of life, reduce automobile dependen-
55 cy, traffic congestion and automobile pollution;
S. 6459 9 A. 9559
1 g. consistency: to ensure predictability in building and land use
2 codes; and
3 h. sustainability: to strengthen existing and create new communities
4 which do not compromise the needs of future generations, by among other
5 means encouraging broad based public involvement in developing and
6 implementing a community plan and ensuring the governance structure is
7 adequate to sustain its implementation.
8 3. "Intermunicipal growth program" means an activity undertaken by two
9 or more municipalities to prepare a plan which increases protection of
10 open space, increases ease of development in suitable locations, sets
11 forth the strategy to address these objectives, and implements the stra-
12 tegy, consistent with quality communities principles.
13 4. "Community growth program" means an activity undertaken by a muni-
14 cipality to prepare a comprehensive land use plan or a portion thereof,
15 which includes the elements of a comprehensive plan set forth in compre-
16 hensive planning enabling legislation including subdivision one of
17 section two hundred thirty-nine-d of the general municipal law, subdivi-
18 sion four of section twenty-eight-a of the general city law, subdivision
19 three of section two hundred seventy-two-a of the town law, or subdivi-
20 sion three of section 7-722 of the village law, to increase protection
21 of open space, increase ease of development in suitable locations, set
22 forth the strategy to address these objectives, and implements the stra-
23 tegy, consistent with quality communities principles.
24 5. "Community center program" means an activity undertaken by a muni-
25 cipality, or a not-for-profit corporation working in cooperation with a
26 municipality, to conduct a public process to develop a community center
27 vision; identify the economic and market niche of such a center; prepare
28 an implementation strategy consistent with such vision and niche; estab-
29 lish sustainable organizational capacity to implement the strategy, and
30 implement the strategy, consistent with quality communities principles.
31 6. "Community open space program" means an activity undertaken by a
32 municipality to identify open space suitable for preservation having
33 environmental, recreational, scenic or agricultural values which
34 contribute to or enhance the community's natural, cultural and economic
35 character, and to prepare a strategy for preservation, consistent with
36 quality communities principles.
37 7. "Mountain communities program" means an activity, including a local
38 land use program as defined in section eight hundred two of the execu-
39 tive law, undertaken by a municipality, or a not-for-profit corporation
40 working in cooperation with a municipality, located wholly or partially
41 within the boundaries of the Adirondack park or Catskill park to prepare
42 a community-based program implementing the vision of the people in the
43 community using locally derived strategies that protect natural
44 resources and enhance local economies unique to these mountain regions,
45 consistent with quality communities principles.
46 8. "Quality communities interagency task force" means the body
47 comprised of the lieutenant governor, the secretary of state, the
48 commissioner, the commissioners of transportation, parks, recreation and
49 historic preservation, economic development, housing and community
50 renewal, health and agriculture and markets.
51 9. "Secretary" means the secretary of state.
52 § 54-1703. Approval and execution of activities.
53 1. The secretary is authorized to provide, on a competitive basis,
54 within amounts appropriated, state assistance payments toward the eligi-
55 ble cost of any quality communities activity approved by the secretary
56 in consultation with the quality communities interagency task force.
S. 6459 10 A. 9559
1 Eligible costs shall include costs for planning, design, and pre-con-
2 struction activities, including but not limited to preparation of commu-
3 nity vision statements, implementation strategies, marketing plans, and
4 local laws. Eligible costs shall not include costs for land acquisition
5 or capital construction or improvements.
6 2. State assistance payments shall not exceed eighty percent of the
7 eligible cost of the activity, except that the secretary may increase
8 the amount of state assistance for intermunicipal growth programs, for
9 activities in areas identified by the secretary, in consultation with
10 the commissioner, that provide natural resource and open space
11 protection of statewide significance, and for activities in economically
12 distressed municipalities that meet unemployment and income criteria
13 established by the secretary in consultation with the commissioner of
14 labor. For the purpose of determining the amount of the state assistance
15 payment, the cost of the activity shall be the total activity cost
16 incurred and paid by the municipality or not-for-profit corporation as
17 set forth in the application for state assistance payments approved by
18 the secretary. The state assistance payment shall be reimbursement for
19 such eligible costs incurred and shall be paid on audit and warrant of
20 the state comptroller on a certificate of availability of the director
21 of the budget.
22 3. The secretary may enter into a contract for the undertaking of a
23 quality communities activity and state assistance payments, and may
24 impose such contractual requirements and conditions as the secretary
25 deems appropriate to ensure that a public benefit shall accrue from the
26 use of such payments upon any municipality which receives state assist-
27 ance pursuant to this section as may be necessary and appropriate to
28 ensure that a public benefit shall accrue from the use of such funds.
29 Quality communities activities shall be recommended to the secretary by
30 the governing body of a municipality and, when approved by the secre-
31 tary, may be undertaken by the municipality pursuant to this section and
32 any other applicable provision of law.
33 4. Prior to the acceptance of applications for state assistance
34 payments, the secretary in consultation with the quality communities
35 interagency task force shall establish eligibility criteria, application
36 procedures, evaluation procedures, an activity approval criteria, and
37 may establish funding priorities and give priority or additional consid-
38 eration to activities in economically distressed municipalities that
39 meet unemployment and income criteria established by the secretary in
40 consultation with the commissioner of labor, and for activities in areas
41 identified by the secretary in consultation with the commissioner, that
42 provide natural resource and open space protection of statewide signif-
43 icance.
44 § 13. Section 1421 of the tax law, as amended by section 10 of part L
45 of chapter 59 of the laws of 2005, is amended to read as follows:
46 § 1421. Deposit and dispositions of revenues. From the taxes, interest
47 and penalties attributable to the tax imposed pursuant to section four-
48 teen hundred two of this article, the amount of thirty-three and one-
49 half million dollars shall be deposited by the comptroller in the envi-
50 ronmental protection fund established pursuant to section ninety-two-s
51 of the state finance law for the fiscal year beginning April first,
52 nineteen hundred ninety-five; the amount of eighty-seven million dollars
53 shall be deposited in such fund for the fiscal years beginning April
54 first, nineteen hundred ninety-six and nineteen hundred ninety-seven;
55 the amount of one hundred twelve million dollars shall be deposited in
56 such fund for the fiscal years beginning April first, nineteen hundred
S. 6459 11 A. 9559
1 ninety-eight, nineteen hundred ninety-nine, two thousand, two thousand
2 one, two thousand two, two thousand three, two thousand four and two
3 thousand five; and the amount of one hundred thirty-seven million
4 dollars shall be deposited in such fund for the fiscal year beginning
5 April first, two thousand six and for each fiscal year thereafter;
6 provided however that at the direction of the director of the budget, an
7 additional amount of up to [twenty-five] thirty million dollars may be
8 deposited in such fund for the fiscal year beginning April first, two
9 thousand [five] six and for each fiscal year thereafter, for disposition
10 as provided under such section. On or before June twelfth, nineteen
11 hundred ninety-five and on or before the twelfth day of each month ther-
12 eafter (excepting the first and second months of each fiscal year), the
13 comptroller shall deposit into such fund from the taxes, interest and
14 penalties collected pursuant to such section fourteen hundred two of
15 this article which have been deposited and remain to the comptroller's
16 credit in the banks, banking houses or trust companies referred to in
17 section one hundred seventy-one-a of this chapter at the close of busi-
18 ness on the last day of the preceding month, an amount equal to one-
19 tenth of the annual amount required to be deposited in such fund pursu-
20 ant to this section for the fiscal year in which such deposit is
21 required to be made. In the event such amount of taxes, interest and
22 penalties so remaining to the comptroller's credit is less than the
23 amount required to be deposited in such fund by the comptroller, an
24 amount equal to the shortfall shall be deposited in such fund by the
25 comptroller with subsequent deposits, as soon as the revenue is avail-
26 able. Beginning April first, nineteen hundred ninety-seven, the comp-
27 troller shall transfer monthly to the clean water/clean air fund estab-
28 lished pursuant to section ninety-seven-bbb of the state finance law,
29 all moneys remaining from such taxes, interest and penalties collected
30 that are not required for deposit in the environmental protection fund.
31 § 14. This act shall take effect immediately and shall be deemed to
32 have been in full force and effect on and after April 1, 2006.
33 PART C
34 Section 1. Expenditures of moneys appropriated in a chapter of the
35 laws of 2006 to the energy research and development authority from the
36 special revenue funds - other/state operations, miscellaneous special
37 revenue fund-339, energy research and planning account under the
38 research, development and demonstration and policy and planning programs
39 for services and expenses for the research, development and demon-
40 stration and policy and planning programs shall be subject to the
41 provisions of this section. Notwithstanding the provisions of subdivi-
42 sion 4-a of section 18-a of the public service law, all moneys committed
43 or expended shall be reimbursed by assessment against gas corporations
44 and electric corporations as defined in section 2 of the public service
45 law, and the total amount which may be charged to any gas corporation
46 and any electric corporation shall not exceed one cent per one thousand
47 cubic feet of gas sold and .010 cent per kilowatt-hour of electricity
48 sold by such corporations in their intrastate utility operations in
49 calendar year 2004. Such amounts shall be excluded from the general
50 assessment provisions of subdivision 2 of section 18-a of the public
51 service law, but shall be billed and paid in the manner set forth in
52 such subdivision and upon receipt shall be paid to the state comptroller
53 for deposit in the state treasury for credit to the miscellaneous
54 special revenue fund. The director of the budget shall not issue a
S. 6459 12 A. 9559
1 certificate of approval with respect to the commitment and expenditure
2 of moneys hereby appropriated until the chair of such authority shall
3 have submitted, and the director of the budget shall have approved, a
4 comprehensive financial plan encompassing all moneys available to and
5 all anticipated commitments and expenditures by such authority from any
6 source for the operations of such authority. Copies of the approved
7 comprehensive financial plan shall be immediately submitted by the
8 director of the budget to the chairs and secretaries of the legislative
9 fiscal committees.
10 § 2. This act shall take effect immediately and shall be deemed to
11 have been in full force and effect on and after April 1, 2006.
12 PART D
13 Section 1. Section 39 of the agriculture and markets law, as amended
14 by chapter 169 of the laws of 1994, is amended to read as follows:
15 § 39. Penalties for violation of chapter or other laws. Every person
16 violating any of the provisions of this chapter, or of any other law the
17 enforcement of which is within the jurisdiction of the department shall,
18 except where other penalties are hereinafter prescribed, be subject to a
19 penalty in the sum of not more than [three hundred] one thousand dollars
20 for the first violation, nor more than [six hundred] two thousand
21 dollars for the second and each subsequent violation and provided
22 further, however, that for a violation of subdivision thirteen of
23 section two hundred of this chapter, the minimum penalty shall be five
24 hundred dollars and the maximum penalty shall be one thousand dollars
25 and that for the second and subsequent offenses such person may also be
26 subject to an administrative order suspending the manufacture and/or
27 sale of such confectionery for a period of time up to three months for
28 each such violation. When such violation consists of the manufacture or
29 production of any prohibited article, each day during which or any part
30 of which such manufacture or production is carried on or continued,
31 shall be deemed a separate violation. When the violation consists of the
32 sale, or the offering or exposing for sale or exchange of any prohibited
33 article or substance, the sale of each one of several packages shall
34 constitute a separate violation, and each day on which any such article
35 or substance is offered or exposed for sale or exchange shall constitute
36 a separate violation. If the sale be of milk and it be in cans, bottles
37 or containers of any kind and if the milk in any one of such containers
38 be adulterated, it shall be deemed a violation whether such vendor be
39 selling all the milk in all of his containers to one person or not. When
40 the use of any such article or substance is prohibited, each day during
41 which or any part of which such article or substance is so used or
42 furnished for use, shall constitute a separate violation, and the
43 furnishing of the same for use to each person to whom the same may be
44 furnished shall constitute a separate violation. When the storage of any
45 article is prohibited beyond a certain period, each day during which or
46 any part of which any article is so stored beyond the period provided
47 for by this chapter, shall constitute a separate violation. A right of
48 action for the recovery of, or a liability for, penalties incurred as
49 provided in this chapter, or in any other law the enforcement of which
50 is within the jurisdiction of the department, may be released, settled
51 or compromised before the matter is referred to the attorney-general as
52 provided in section forty-four of this chapter, and thereafter may be
53 released, settled or compromised by the attorney-general, either before
54 or after an action is brought to recover such penalties.
S. 6459 13 A. 9559
1 § 2. Section 40 of the agriculture and markets law, as amended by
2 chapter 55 of the laws of 1992, is amended to read as follows:
3 § 40. Penalty for violation of rule or order. [1.] Every person,
4 association or corporation and all agents, officers and employees there-
5 of, shall obey every order made as provided in this chapter, so long as
6 such order shall be in force. A person, association or corporation who
7 shall fail by himself, itself or through his or its agents, officers and
8 employees, to obey any order of the commissioner, or who shall violate
9 any rule of the department shall be subject to a penalty not exceeding
10 the sum of [two hundred] one thousand dollars for each and every first
11 offense, and a penalty not exceeding the sum of [four hundred] two thou-
12 sand dollars for a second and each subsequent offense. Every violation
13 of such order, or of the rules of the department, shall be a separate
14 and distinct offense, and in case of a continuing violation, every day's
15 continuance thereof shall be a separate and distinct offense.
16 § 3. This act shall take effect immediately.
17 PART E
18 Section 1. Notwithstanding any law to the contrary, the comptroller is
19 hereby authorized and directed to receive for deposit to the credit of
20 the general fund the amount of up to $913,000 from the New York state
21 energy research and development authority.
22 § 2. Notwithstanding any law to the contrary, the comptroller is here-
23 by authorized and directed to receive for deposit to the credit of the
24 environmental conservation special revenue fund-301 low level radioac-
25 tive waste account from the New York state energy research and develop-
26 ment authority $330,000 received pursuant to subparagraph (ii) of para-
27 graph a of subdivision 2 of section 1854-d of the public authorities law
28 for the purposes specified in a chapter of the laws of 2006.
29 § 3. This act shall take effect immediately and shall be deemed to
30 have been in full force and effect on and after April 1, 2006.
31 PART F
32 Section 1. Subdivisions 3 and 5 of section 15-1502 of the environ-
33 mental conservation law, as added by chapter 395 of the laws of 1999,
34 are amended to read as follows:
35 3. "Water well" shall mean any cased excavation for the purpose of
36 obtaining water.
37 5. "Water well driller" shall mean a person who, for compensation or
38 as part of property development and sale, engages in water well drilling
39 activities; provided, however, that, for the purposes of this subdivi-
40 sion, the term "person" shall not include a public corporation, poli-
41 tical subdivision, government agency, department, or bureau of the state
42 or a municipality.
43 § 2. Subdivisions 3 and 5 of section 15-1525 of the environmental
44 conservation law, subdivision 3 as amended and subdivision 5 as added by
45 chapter 395 of the laws of 1999, are amended to read as follows:
46 3. The certificate of registration shall require that, before the
47 commencement of drilling of any well or wells, the water well driller
48 shall file a preliminary notice with the department; it shall also
49 provide that [upon] within ninety days of the completion of the drilling
50 of any water well or water wells, a completion report be filed with the
51 department, giving the log of the well, the size and depth thereof, the
52 capacity of the pump or pumps attached or to be attached thereto, and
S. 6459 14 A. 9559
1 such other information pertaining to the withdrawal of water and opera-
2 tion of such water well or water wells as the department by its rules
3 and regulations may require. [A] The water well driller shall provide a
4 copy of such completion report [shall be provided] to the water well
5 owner within the same ninety days. The number of the certificate of
6 registration must be displayed on the well drilling machinery of the
7 registrant. The certificate of registration shall also contain a notice
8 to the certificate holder that the business activities authorized by
9 such certificate are subject to the provisions of article thirty-six-A
10 of the general business law. The fee for such certificate of registra-
11 tion shall be [ten] one hundred dollars annually. The commissioner shall
12 promulgate a water well completion report form which shall be utilized
13 by all water well drillers in satisfying the requirements of this
14 section and any other provision of state or local law which requires the
15 submission of a water well completion report or water well log.
16 5. On and after January first, two thousand three, any individual who
17 is responsible for the on-site supervision of water well drilling activ-
18 ities must have passed, with at least a seventy percent score, a
19 [licensing] two-part certification exam by the national ground water
20 association[,] or an equivalent [licensing] exam offered or approved by
21 the commissioner. Evidence of having passed such [licensing] exam shall
22 be provided by the person responsible for the on-site supervision of
23 water well drilling activities upon demand of any enforcement officer.
24 § 3. Subdivisions a and b of section 72-0602 of the environmental
25 conservation law, as amended by chapter 62 of the laws of 1989, are
26 amended, subdivision r as amended by section 1 of part Q of chapter 59
27 of the laws of 2004 is relettered subdivision u and amended, and three
28 new subdivisions r, s and t are added to read as follows:
29 a. [$100.00] $300.00 for any P/C/I facilities having a permit to
30 discharge or discharging at an average daily rate of less than 100,000
31 gallons;
32 b. [$200.00] $600.00 for P/C/I facilities having a permit to discharge
33 or discharging at an average daily rate of 100,000 gallons or more;
34 r. $300.00 for any facility discharging or authorized to discharge
35 pursuant to a general permit for stormwater discharges associated with
36 industrial activity except construction activity;
37 s. $150.00 for a medium concentrated animal feeding operation
38 discharging or authorized to discharge pursuant to a general permit;
39 t. $500.00 for a large concentrated animal feeding operation discharg-
40 ing or authorized to discharge pursuant to a general permit;
41 u. $50.00 for any facility, other than a municipal separate storm
42 sewer as defined by 40 CFR §122.26 (b) (8), discharging or authorized to
43 discharge pursuant to a general permit; unless a higher fee is imposed
44 pursuant to subdivisions a through [q] t of this section for such
45 discharge or authorization to discharge, provided that the department
46 may by regulation, establish a general permit fee lower than the permit
47 fee imposed pursuant to subdivisions a through [q] t of this section.
48 § 4. Article 72 of the environmental conservation law is amended by
49 adding a new title 9 to read as follows:
50 TITLE 9
51 PROTECTION OF WATERS PERMIT PROGRAM FEES
52 Section 72-0901. Definition.
53 72-0903. Protection of waters permit program fees.
54 § 72-0901. Definition.
S. 6459 15 A. 9559
1 When used in this title:
2 "Person" shall have the same meaning as set forth in subdivision one
3 of section 15-0107 of this chapter.
4 § 72-0903. Protection of waters permit program fees.
5 1. Any person required under section 15-0503 of this chapter to obtain
6 a permit for the erection, construction, reconstruction, or repair of a
7 dam shall submit to the department, at the time of application therefor,
8 a fee in the amount of $500.00.
9 2. Any person who owns a dam, as defined in subdivision one of section
10 15-0503 of this chapter, shall submit annually to the department a fee
11 of $500.00.
12 3. Subdivisions one and two of this section shall not apply to a
13 person who owns or operates a "farm operation" as defined in subdivision
14 eleven of section three hundred one of the agriculture and markets law.
15 § 5. This act shall take effect immediately.
16 PART G
17 Section 1. Section 1-0303 of the environmental conservation law is
18 amended by adding three new subdivisions 26, 27 and 28 to read as
19 follows:
20 26. "All terrain vehicle" shall have the meaning set forth in para-
21 graph (a) of subdivision one of section twenty-two hundred eighty-one of
22 the vehicle and traffic law.
23 27. "Private roads" shall have the meaning set forth in section one
24 hundred thirty-three of the vehicle and traffic law.
25 28. "Public highway" shall have the meaning set forth in section one
26 hundred thirty-four of the vehicle and traffic law.
27 § 2. Section 9-0303 of the environmental conservation law is amended
28 by adding a new subdivision 8 to read as follows:
29 8. All terrain vehicles. a. The department may authorize the use of
30 all terrain vehicles on forest preserve lands by the general public both
31 inside and outside the boundaries of the Adirondack park or Catskill
32 park and on other state-owned lands under the department's jurisdiction
33 which are located within the boundaries of the Adirondack park or the
34 Catskill park only on public highways or portions thereof in compliance
35 with subdivision one of section twenty-four hundred five of the vehicle
36 and traffic law and other applicable law. In addition, any authorization
37 for the general public to use all terrain vehicles on public highways or
38 portions thereof on state-owned land under the department's jurisdiction
39 which is located within the boundaries of the Adirondack park or the
40 Catskill park must comply with the requirements of the Adirondack park
41 state land master plan, adopted pursuant to section eight hundred
42 sixteen of the executive law, or the Catskill park state land master
43 plan, respectively.
44 b. The department may authorize the public use of all terrain vehicles
45 on public highways on conservation easements held by the department
46 where such easements include the right to allow such use and such
47 authorization is in compliance with the requirements of subdivision one
48 of section twenty-four hundred five of the vehicle and traffic law and
49 other applicable law, and may authorize the public use of all terrain
50 vehicles on all terrain vehicle trails and private roads on conservation
51 easements held by the department where such easements include the right
52 to allow such use and such authorization is in compliance with the
53 requirements of subdivision two of section twenty-four hundred five of
54 the vehicle and traffic law and other applicable law.
S. 6459 16 A. 9559
1 c. On state lands under the jurisdiction of the department other than
2 those described in paragraphs a and b of this subdivision, the depart-
3 ment may authorize the public use of all terrain vehicles in compliance
4 with the requirements of section twenty-four hundred five of the vehicle
5 and traffic law and other applicable law.
6 d. Persons with qualifying disabilities to whom the department has
7 issued a permit and a companion may use all terrain vehicles at the
8 locations authorized by such permit and pursuant to the terms and condi-
9 tions of such permit. Such authorization shall comply with the require-
10 ments of section twenty-four hundred five of the vehicle and traffic law
11 and other applicable law. Such authorization shall also comply with the
12 guidelines set forth in the Adirondack park state land master plan or
13 the Catskill park state land master plan with respect to any authorized
14 use of all terrain vehicles in the Adirondack park or Catskill park,
15 respectively.
16 e. All terrain vehicles may be used on state land under the depart-
17 ment's jurisdiction for appropriate administrative, law enforcement, and
18 emergency purposes provided that any such use within the Adirondack park
19 or the Catskill park shall comply with the requirements of the Adiron-
20 dack park state land master plan or the Catskill park state land master
21 plan, respectively.
22 f. In addition to the limitations on all terrain vehicle use set forth
23 in paragraphs a through e of this subdivision, the department shall use
24 the following criteria in determining whether to authorize the public
25 use of all terrain vehicles on state lands under the department's juris-
26 diction:
27 (1) The opening of each road or trail to public all terrain vehicle
28 use must be authorized in an adopted unit management plan or recreation
29 plan;
30 (2) The natural resources of the area must be able to sustain contin-
31 ued use by all terrain vehicles;
32 (3) Public all terrain vehicle access must be compatible with other
33 public use of the area;
34 (4) Except on conservation easements, public use of all terrain vehi-
35 cles may be authorized solely to provide access to a traditional recre-
36 ational program provided to the public by the department, such as hunt-
37 ing, fishing, trapping, camping or wildlife observation;
38 (5) Each road or trail opened to public all terrain vehicle use must
39 be safe for the operation of all terrain vehicles and the road or trail
40 surface must be able to be maintained to prevent dangerous conditions;
41 (6) Maintenance funds must exist to ensure that roads or trails that
42 are opened to all terrain vehicles can be maintained to prevent the
43 creation of muddy or eroded conditions;
44 (7) It must be demonstrated that sufficient measures will be taken to
45 prevent illegal all terrain vehicle use off of the surface of designated
46 roads or trails; and
47 (8) Authorization of public all terrain vehicle use must include
48 provisions for monitoring, education and enforcement, including dissem-
49 ination of information regarding where legal and safe public all terrain
50 vehicle riding opportunities exist and increased enforcement patrols.
51 g. Public use of all terrain vehicles is prohibited within the bounda-
52 ries of wildlife management areas, environmental education centers or
53 state-owned tidal wetlands, except as may be authorized pursuant to
54 paragraph d of this subdivision.
55 § 3. The environmental conservation law is amended by adding a new
56 article 58 to read as follows:
S. 6459 17 A. 9559
1 ARTICLE 58
2 ALL TERRAIN VEHICLES
3 Section 58-0101. State assistance.
4 58-0103. Rules and regulations.
5 § 58-0101. State assistance.
6 1. The department shall develop and implement a program of state
7 assistance payments, subject to annual appropriations, for the following
8 purposes:
9 a. The following programs of municipalities and not-for-profit all
10 terrain vehicle associations:
11 (1) programs on all terrain vehicle safety, education, and training
12 which are conducted by municipalities and not-for-profit all terrain
13 vehicle associations;
14 (2) the development and maintenance of all terrain vehicle roads and
15 trails which are open to the general public;
16 (3) the lease and purchase of land for the development of all terrain
17 vehicle roads and trails to be open to the general public;
18 (4) the purchase, lease and maintenance of facilities related to the
19 use and enjoyment of all terrain vehicle roads and trails open to the
20 general public;
21 (5) the purchase and lease of equipment related to the development and
22 maintenance of all terrain vehicle roads and trails open to the public
23 and directly related facilities; and
24 (6) other costs directly related to the administration of such
25 programs;
26 b. Municipal and state law enforcement activities which are directly
27 related to the enforcement of state statutes, rules and regulations and
28 municipal local laws and ordinances relating to the operation of all
29 terrain vehicles;
30 c. The development by the department of a statewide all terrain vehi-
31 cle road and trail map and user safety guide and program, to be
32 completed no later than five years after the effective date of this
33 section;
34 d. The development and maintenance of all terrain vehicle trails open
35 to the general public and the maintenance of private roads for all
36 terrain vehicle use by the general public on conservation easement lands
37 held by the state of New York which are under the jurisdiction of the
38 department; and
39 e. Expenses associated with the department's administration of the
40 state assistance authorized pursuant to this section.
41 2. Upon approval of an application from a municipality or not-for-pro-
42 fit all terrain vehicle association, the department and such applicant
43 shall enter into a contract for state assistance payments toward the
44 cost of the project, which shall include, but not be limited to, the
45 following:
46 a. A current estimate of the cost of the project as determined by the
47 department at the time of the execution of the contract;
48 b. An agreement by the department to make state assistance payments
49 toward the cost of the project by periodically reimbursing the recipient
50 for costs incurred during the progress of the project. Such costs are
51 subject to final computation and determination by the department upon
52 completion of the project and shall not exceed the maximum cost set
53 forth in the contract. The approved project cost shall be reduced by the
54 amount of any specific grants for the project which are received by the
55 recipient from any other source; and
S. 6459 18 A. 9559
1 c. An agreement by the recipient to proceed expeditiously with the
2 project, to comply with all applicable laws and regulations in develop-
3 ing the project, and to complete the project in accordance with plans
4 and reports approved by the department for the project.
5 3. The department shall reject any application for state assistance
6 under this article where the department determines that the project is
7 not in the best interests of the state. In making such a determination
8 the department may consider, but not be limited to, the potential
9 impacts which the project could have on public lands which are located
10 near the project and appropriate environmental factors, including but
11 not limited to, the potential impacts on wetlands, wildlife habitats,
12 and flora and fauna, and potential conflicts with other user groups.
13 4. The amount of state assistance payments to be allocated to eligible
14 applicants for road and trail development and maintenance shall be drawn
15 from the all terrain vehicle trail development, enforcement and steward-
16 ship fund established by section ninety-two-o of the state finance law
17 and shall be determined by the department. The department shall certify
18 to the comptroller the amount thus determined for each municipality and
19 not-for-profit association as the amount of state assistance to be
20 apportioned to each.
21 5. No state assistance shall be allocated from funds pursuant to this
22 section for use in all terrain vehicle road and trail development and
23 maintenance on state-owned lands under the jurisdiction of the depart-
24 ment, provided, however, that such assistance may be allocated pursuant
25 to this section for use in the development and maintenance of all
26 terrain vehicle trails and the maintenance of private roads for all
27 terrain vehicle use on conservation easement lands as set forth in para-
28 graph b of subdivision eight of section 9-0303 of this chapter.
29 § 58-0103. Rules and regulations.
30 The department shall adopt such rules and regulations as deemed neces-
31 sary to carry out the provisions of this article.
32 § 4. Section 2282 of the vehicle and traffic law is amended by adding
33 a new subdivision 2-a to read as follows:
34 2-a. No later than five years after the effective date of this subdi-
35 vision, the commissioner shall, at the time of registration pursuant to
36 subdivision two of this section, provide or cause to be provided a copy
37 of the all terrain vehicle road and trail map and user guide, developed
38 by the department of environmental conservation pursuant to paragraph c
39 of subdivision one of section 58-0101 of the environmental conservation
40 law, to every person who registers an all terrain vehicle. Such map and
41 user guide shall also be made available to the public through other
42 appropriate means as determined by the commissioner and the commissioner
43 of environmental conservation.
44 § 5. Subdivision 12 of section 2282 of the vehicle and traffic law is
45 REPEALED and a new subdivision 12 is added to read as follows:
46 12. Out of state all terrain vehicle registration. The registration
47 provisions of this article shall apply to non-resident owners of all
48 terrain vehicles used in New York state as provided for by the commis-
49 sioner except when an owner's all terrain vehicle is used on authorized
50 roads and trails which proceed along a New York state border and which,
51 occasionally as dictated by the terrain, cross into another state, in
52 which such all terrain vehicle is registered. Such cross border roads
53 and trails on which nonresident owned all terrain vehicles may proceed
54 without New York state registration shall be designated by the state
55 commissioner of environmental conservation pursuant to paragraph c of
56 subdivision one of section 58-0101 of the environmental conservation law
S. 6459 19 A. 9559
1 and such commissioner shall publish such road and trail designation in
2 the New York state register and other publications accessible to those
3 who use all terrain vehicles. Such non-resident registration application
4 shall be made available at the place of business of all registered deal-
5 ers and by mail from the department. Nothing in this subdivision shall
6 be construed to authorize the operation of any all terrain vehicle
7 contrary to the provisions of this article.
8 § 6. Section 2404 of the vehicle and traffic law, as added by chapter
9 402 of the laws of 1986, paragraph (e) of subdivision 1 and subdivision
10 3 as amended by chapter 554 of the laws of 2005, is amended to read as
11 follows:
12 § 2404. Operating rules. 1. No person shall operate an ATV:
13 (a) at a rate of speed greater than is reasonable and prudent under
14 the conditions and having regard to the actual and potential hazards
15 then existing;
16 (b) in a careless, reckless or negligent manner so as to unreasonably
17 endanger the person or property of another or cause injury or damage
18 thereto;
19 (c) on the tracks or right-of-way of an operating railroad, except at
20 posted crossings;
21 (d) in any tree nursery or planting in a manner that damages or
22 destroys growing stock, or creates a substantial risk thereto;
23 (e) while pulling a person on skis or drawing or towing a sleigh,
24 sled, toboggan, inflatable device or trailer which carries or transports
25 any person unless attached by a rigid support, connection or towbar;
26 (f) on the frozen surface of public waters: within one hundred feet of
27 any person other than a person riding on an ATV except at the minimum
28 speed required to maintain forward movement of the ATV, nor within one
29 hundred feet of a fishing shanty or shelter except at the minimum speed
30 required to maintain forward movement of the ATV nor on an area which
31 has been cleared of snow for skating purposes unless the area is neces-
32 sary for access to the public water;
33 (g) within one hundred feet of a dwelling between midnight and six
34 a.m., at a speed greater than minimum required to maintain forward move-
35 ment of the ATV;
36 (h) on public lands, other than highways, or on private property of
37 another while in an intoxicated condition or under the influence of
38 narcotics or drugs.
39 2. The operator of an ATV shall:
40 (a) stop and yield to an authorized ambulance, civil defense, or
41 police ATV or police vehicle being operated as an emergency vehicle and
42 approaching from any direction;
43 (b) comply with any lawful order or direction of any police officer or
44 other person duly empowered to enforce the laws relating to ATVs.
45 3. No person shall ride on or in a sleigh, sled, toboggan, inflatable
46 device or trailer which is being towed or trailed by an ATV unless
47 attached by a rigid support, connection or towbar.
48 4. [A person operating an ATV shall ride only upon the permanent and
49 regular seat attached thereto, and such operator shall not carry any
50 other person nor shall any other person ride on an ATV unless such ATV
51 is designed to carry more than one person, in which event a passenger
52 may ride upon the permanent and regular seat if designed for two
53 persons, or upon another seat firmly attached to the ATV at the rear or
54 side of the operator.
S. 6459 20 A. 9559
1 5.] For the purposes of title seven of this chapter, an ATV shall be a
2 motor vehicle and the provisions of such title shall be applicable to
3 ATVs.
4 [6.] 5. Local laws and ordinances. Nothing contained in this article
5 shall be deemed to limit the authority of a county, city, town or
6 village from adopting or amending a local law or ordinance which imposes
7 stricter restrictions and conditions on the operation of ATVs than are
8 provided or authorized by this section so long as such local law or
9 ordinance is consistent with its authority to protect the order,
10 conduct, health, safety and general welfare of persons or property.
11 § 7. Section 2406 of the vehicle and traffic law is amended by adding
12 a new subdivision 4 to read as follows:
13 4. A person operating an ATV shall ride only upon the permanent and
14 regular seat attached thereto, and such operator shall not carry any
15 other person nor shall any other person ride on an ATV unless such ATV
16 is designed by the manufacturer to carry more than one person, in which
17 event a passenger may ride upon the permanent and regular seat if
18 designed for two persons, or upon another seat firmly attached to the
19 ATV at the rear or side of the operator.
20 § 8. The vehicle and traffic law is amended by adding a new section
21 2414 to read as follows:
22 § 2414. Violations. Any person who violates any provision of this
23 article or rule or regulation adopted pursuant thereto or article
24 forty-eight-B of this title or rule or regulation adopted pursuant ther-
25 eto shall be guilty of a traffic infraction and shall be subject to the
26 fines and penalties set forth in section eighteen hundred of this chap-
27 ter, provided that the fine imposed upon conviction for a first
28 violation thereof shall not be less than one hundred dollars; the fine
29 imposed upon conviction for a second violation thereof, both of which
30 were committed within a period of five years, shall not be less than one
31 hundred fifty dollars; and the fine imposed upon conviction for a third
32 or subsequent violation thereof, all of which were committed within a
33 period of five years, shall not be less than two hundred fifty dollars.
34 § 9. Subdivision 1 of section 92-o of the state finance law, as added
35 by section 3 of part D of chapter 59 of the laws of 2005, is amended to
36 read as follows:
37 1. There is hereby established in the joint custody of the state comp-
38 troller and the commissioner of taxation and finance a special fund to
39 be known as the "all terrain vehicle trail development, enforcement and
40 stewardship fund". The monies in such fund shall be available pursuant
41 to [a chapter of the laws of two thousand five] article fifty-eight of
42 the environmental conservation law.
43 § 10. Severability. If any clause, sentence, paragraph, section or
44 part of this act shall be adjudged by any court of competent jurisdic-
45 tion to be invalid and after exhaustion of all further judicial review,
46 the judgment shall not affect, impair or invalidate the remainder there-
47 of, but shall be confined in its operation to the clause, sentence,
48 paragraph, section or part of this act directly involved in the contro-
49 versy in which the judgment shall have been rendered.
50 § 11. This act shall take effect immediately and shall be deemed to
51 have been in full force and effect on and after April 1, 2006; provided
52 that section nine of this act shall take effect on the ninetieth day
53 after it shall have become a law.
54 PART H
S. 6459 21 A. 9559
1 Section 1. Section 16 of the agriculture and markets law, is amended
2 by adding a new subdivision 25-c to read as follows:
3 25-c. The commissioner may enter into a contract or cooperative agree-
4 ment under which laboratory services of the department may be made
5 available to federal, state, local, and educational entities when, in
6 the commissioner's judgment, such contract or cooperative agreement
7 shall be in the public interest and shall not adversely affect the
8 department's obligations under this chapter. Such contracts or cooper-
9 ative agreements shall require payment by contractors and cooperators
10 of, at a minimum, the full costs of the services provided. All moneys
11 received by the commissioner pursuant to such contracts and agreements
12 shall be deposited in an account within the miscellaneous special reven-
13 ue fund and shall be used to defray the expenses incidental to carrying
14 out the services authorized by this subdivision.
15 § 2. This act shall take effect immediately.
16 PART I
17 Section 1. Subdivisions 1 and 2 of section 72-0303 of the environ-
18 mental conservation law, subdivision 1 as amended by section 1 of part D
19 of chapter 413 of the laws of 1999 and subdivision 2 as added by chapter
20 608 of the laws of 1993, are amended to read as follows:
21 1. Commencing January first, nineteen hundred ninety-four and every
22 year thereafter all sources of regulated air contaminants identified
23 pursuant to subdivision one of section 19-0311 of this chapter shall
24 submit to the department a fee which is the greater of the following:
25 (a) one thousand two hundred fifty dollars or (b) an amount not to
26 exceed [forty-five] sixty-seven dollars per ton up to six thousand tons
27 annually of each regulated air contaminant. Such fee shall be suffi-
28 cient to support an appropriation approved by the legislature for the
29 direct and indirect costs associated with the operating permit program
30 established in section 19-0311 of this chapter. Such fee shall be estab-
31 lished by the department and shall be calculated by dividing the amount
32 of the current year appropriation from the operating permit program
33 account of the clean air fund by the total tons of emissions of regu-
34 lated air contaminants that are subject to the operating permit program
35 fees from sources subject to the operating permit program pursuant to
36 section 19-0311 of this chapter up to six thousand tons annually of each
37 regulated air contaminant from each source; provided that, in making
38 such calculation, the department shall adjust their calculation to
39 account for any deficit or surplus in the operating permit program
40 account of the clean air fund established pursuant to section ninety-
41 seven-oo of the state finance law; any loan repayment from the mobile
42 source account of the clean air fund established pursuant to section
43 ninety-seven-oo of the state finance law; and the rate of collection by
44 the department of the bills issued for the fee for the prior year.
45 Notwithstanding the provisions of the state administrative procedure
46 act, such calculation and fee shall be established as a rule by publica-
47 tion in the Environmental Notice Bulletin no later than thirty days
48 after the budget bills making appropriations for the support of govern-
49 ment are enacted or July first, whichever is later, of the year such fee
50 will be effective. In no event shall the fee established herein be any
51 greater than the maximum fee identified pursuant to this section.
52 2. Bills issued for the fee shall be based on actual emissions for the
53 prior calendar year, as demonstrated to the department's satisfaction,
54 or in the absence of such demonstration, on permitted emissions, or,
S. 6459 22 A. 9559
1 where there is no permit, on potential to emit; provided, however, that
2 in no case shall the fee be less than one thousand two hundred fifty
3 dollars per year. Persons required to submit an emissions statement to
4 the department shall use such statement to demonstrate actual emissions
5 under this section.
6 § 2. This act shall take effect immediately.
7 PART J
8 Section 1. The sum of three hundred twenty-nine million one hundred
9 ninety-seven thousand dollars ($329,197,000), or so much thereof as
10 shall be necessary, and in addition to amounts previously appropriated
11 by law, is hereby made available, in accordance with subdivision 1 of
12 section 380 of the public authorities law as amended, according to the
13 following schedule. Payments pursuant to subdivision (a) of this
14 section shall be made available as moneys become available for such
15 payments. Payments pursuant to subdivisions (b) and (c) of this section
16 shall be made available on the fifteenth day of June, September, Decem-
17 ber and March or as soon thereafter as moneys become available for such
18 payments. No moneys of the state in the state treasury or any of its
19 funds shall be available for payments pursuant to this section:
20 SCHEDULE
21 (a) Thirty-nine million seven hundred thousand dollars ($39,700,000)
22 to municipalities for repayment of eligible costs of federal aid munici-
23 pal street and highway projects pursuant to section 15 of chapter 329 of
24 the laws of 1991, as added by section 9 of chapter 330 of the laws of
25 1991, as amended. The department of transportation shall provide such
26 information to the municipalities as may be necessary to maintain the
27 federal tax exempt status of any bonds, notes, or other obligations
28 issued by such municipalities to provide for the non-federal share of
29 the cost of projects pursuant to chapter 330 of the laws of 1991 or
30 section 80-b of the highway law.
31 The program authorized pursuant to section 15 of chapter 329 of the
32 laws of 1991, as added by section 9 of chapter 330 of the laws of 1991,
33 as amended, shall additionally make payments for reimbursement according
34 to the following schedule:
35 State Fiscal Year Amount
36 2006-07 $39,700,000
37 2007-08 $39,700,000
38 2008-09 $39,700,000
39 2009-10 $39,700,000
40 (b) Two hundred thirty million seven hundred thousand dollars
41 ($230,700,000) to counties, cities, towns and villages for reimbursement
42 of eligible costs of local highway and bridge projects pursuant to
43 sections 16 and 16-a of chapter 329 of the laws of 1991, as added by
44 section 9 of chapter 330 of the laws of 1991, as amended. For the
45 purposes of computing allocations to municipalities, the amount distrib-
46 uted pursuant to section 16 of chapter 329 of the laws of 1991 shall be
47 deemed to be $115,550,000. The amount distributed pursuant to section
48 16-a of chapter 329 of the laws of 1991 shall be deemed to be
49 $115,150,000. Notwithstanding the provisions of any general or special
50 law, the amounts deemed distributed in accordance with section 16 of
51 chapter 329 of the laws of 1991 shall be adjusted so that such amounts
52 will not be less than 79.690 percent of the "funding level" as defined
53 in subdivision 5 of section 10-c of the highway law for each such muni-
54 cipality. In order to achieve the objectives of section 16 of chapter
S. 6459 23 A. 9559
1 329 of the laws of 1991, to the extent necessary, the amounts in excess
2 of 79.690 percent of the funding level to be deemed distributed to each
3 municipality under this subdivision shall be reduced in equal propor-
4 tion.
5 (c) Fifty-eight million seven hundred ninety-seven thousand dollars
6 ($58,797,000) to municipalities for reimbursement of eligible costs of
7 local highway and bridge projects pursuant to sections 16 and 16-a of
8 chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
9 the laws of 1991, as amended. For the purposes of computing allocations
10 to municipalities, the amount distributed pursuant to section 16 of
11 chapter 329 of the laws of 1991 shall be deemed to be $29,450,000. The
12 amount distributed pursuant to section 16-a of chapter 329 of the laws
13 of 1991 shall be deemed to be $29,347,000. Notwithstanding the
14 provisions of any general or special law, the amounts deemed distributed
15 in accordance with section 16 of chapter 329 of the laws of 1991 shall
16 be adjusted so that such amounts will not be less than 20.310 percent of
17 the "funding level" as defined in subdivision 5 of section 10-c of the
18 highway law for each such municipality. In order to achieve the objec-
19 tives of section 16 of chapter 329 of the laws of 1991, to the extent
20 necessary, the amounts in excess of 20.310 percent of the funding level
21 to be deemed distributed to each municipality under this paragraph shall
22 be reduced in equal proportion. To the extent that the total of remain-
23 ing payment allocations calculated herein varies from $58,797,000, the
24 payment amounts to each locality shall be adjusted by a uniform percent-
25 age so that the total payments equal $58,797,000.
26 The program authorized pursuant to sections 16 and 16-a of chapter 329
27 of the laws of 1991, as added by section 9 of chapter 330 of the laws of
28 1991, as amended, shall additionally make payments for reimbursement
29 according to the following schedule:
30 State Fiscal Year Amount
31 2006-07 $289,497,000
32 2007-08 $296,497,000
33 2008-09 $303,097,000
34 2009-10 $309,697,000
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, 2006.
37 PART K
38 Section 1. Legislative intent. It is desirable to authorize the
39 department of transportation and the thruway authority to deliver a
40 limited number of projects through the use of design-build. Design-build
41 project delivery is a proven method for the delivery of transportation
42 projects. The federal government has authorized the use of design-build
43 for federal-aid transportation projects and over thirty other states
44 have authorized design-build contracts. The use of design-build could
45 result in faster, less-costly project delivery. Although design-bid-
46 build will remain the most appropriate method to deliver most transpor-
47 tation projects, this act will allow the department of transportation
48 and the thruway authority to evaluate the most appropriate use of
49 design-build through a pilot program.
50 § 2. The highway law is amended by adding a new section 38-a to read
51 as follows:
52 § 38-a. Design-build delivery. Notwithstanding the provisions of
53 section thirty-eight of this article, section one hundred thirty-six-a
S. 6459 24 A. 9559
1 of the state finance law, section seventy-two hundred ten of the educa-
2 tion law, and the provisions of any other law to the contrary:
3 1. The commissioner, in accordance with the provisions of this
4 section, is authorized to contract for the design and construction of
5 highways, structures, or appurtenant facilities with a single entity
6 (which may be a team comprised of separate entities) for a maximum of
7 twelve capital transportation projects designated by the commissioner at
8 the discretion of the commissioner. Contracts entered into pursuant to
9 the provisions of this section shall be referred to as "design-build
10 contracts".
11 2. An entity selected by the department to enter into a design-build
12 contract shall be selected through a two-step method, as follows:
13 (a) Step one. Generation of a list of entities that have demonstrated
14 the general capability to perform the design-build contract. Such list
15 shall consist of a specified number of entities, as determined by the
16 commissioner, and shall be generated based upon the department's review
17 of responses to a publicly advertised request for qualifications. The
18 department's request for qualifications shall include a general
19 description of the project, the maximum number of entities to be
20 included on the list, and the selection criteria to be used in generat-
21 ing the list. Such selection criteria shall include the qualifications
22 and experience of the design and construction team, organization, demon-
23 strated responsibility, ability of the team or of a member or members of
24 the team to comply with applicable requirements, including the
25 provisions of articles one hundred forty-five, one hundred forty-seven
26 and one hundred forty-eight of the education law, past record of compli-
27 ance with the labor law, and such other qualifications the commissioner
28 deems appropriate which may include but are not limited to project
29 understanding, financial capability and/or record of performance. The
30 department shall evaluate and rate all entities responding to the
31 request for qualifications. Based upon such ratings, the department
32 shall list the entities that shall receive a request for proposals in
33 accordance with paragraph (b) of this subdivision.
34 (b) Step two. Selection of the proposal which is the best value to the
35 state. The department shall issue a request for proposals to the enti-
36 ties listed pursuant to paragraph (a) of this subdivision. If such an
37 entity consists of a team of separate entities, the entities that
38 comprise such a team must remain unchanged from the entity as listed
39 pursuant to paragraph (a) of this subdivision unless otherwise approved
40 by the department. The request for proposals shall set forth the
41 project's scope of work, and other requirements, as determined by the
42 commissioner. The request for proposals shall specify the criteria to be
43 used to evaluate the responses. Such criteria shall include the
44 proposal's cost, the quality of the proposal's solution, the qualifica-
45 tions and experience of the design and construction team, and other
46 factors deemed pertinent by the department, which may include, but shall
47 not be limited to, the proposal's project implementation, ability to
48 complete the work in a timely and satisfactory manner, maintainability
49 of the completed project, maintenance of traffic approach, and community
50 impact. Any contract awarded pursuant to this section shall be awarded
51 to a responsible entity that submits the proposal, which, in consider-
52 ation of these and other specified criteria deemed pertinent to the
53 project, offers the best value to the state, as determined by the
54 commissioner.
55 3. Any contract entered into pursuant to this section shall include a
56 clause requiring that any professional services regulated by articles
S. 6459 25 A. 9559
1 one hundred forty-five, one hundred forty-seven and one hundred forty-
2 eight of the education law shall be performed by a professional licensed
3 in accordance with such articles.
4 4. Construction for each project undertaken by the commissioner pursu-
5 ant to this section shall be deemed a "public work" to be performed in
6 accordance with the provisions of article eight of the labor law, and
7 subject to enforcement of prevailing wage requirements by the New York
8 state department of labor.
9 5. Each contract entered into by the commissioner pursuant to this
10 section shall comply with the objectives and goals of minority and
11 women-owned business enterprises pursuant to article fifteen-A of the
12 executive law and, for projects receiving federal aid, shall comply with
13 applicable federal requirements for disadvantaged business enterprises.
14 6. Projects undertaken by the commissioner pursuant to this section
15 shall be subject to the requirements of article eight of the environ-
16 mental conservation law, and, where applicable, the requirements of the
17 national environmental policy act.
18 7. The submission of a proposal or responses pursuant to subdivision
19 two of this section or the execution of a design-build contract pursuant
20 to this section shall not be construed to be a violation of section
21 sixty-five hundred twelve of the education law.
22 § 3. The public authorities law is amended by adding a new section
23 359-b to read as follows:
24 § 359-b. Design-build delivery. Notwithstanding any other provisions
25 of law to the contrary: 1. The authority, in accordance with the
26 provisions of this section, is authorized to contract for the design and
27 construction of highways, structures, or appurtenant facilities with a
28 single entity (which may be a team comprised of separate entities) for a
29 maximum of five capital transportation projects designated by the
30 authority, at the discretion of the authority. Contracts entered into
31 pursuant to the provisions of this section shall be referred to as
32 "design-build contracts".
33 2. An entity selected by the authority to deliver a project through a
34 design-build procedure shall be selected through a two-step method, as
35 follows:
36 (a) Step one. Generation of a list of entities that have demonstrated
37 the general capability to perform the design-build contract. Such list
38 shall consist of a specified number of entities, as determined by the
39 authority, and shall be generated based upon the authority's review of
40 responses to a publicly advertised request for qualifications. The
41 request for qualifications shall include a general description of the
42 project, the maximum number of entities to be included on the list, and
43 the selection criteria to be used in generating the list. Such selection
44 criteria shall include the qualifications and experience of the design
45 and construction team, organization, demonstrated responsibility, abili-
46 ty of the team or of a member or members of the team to comply with
47 applicable requirements, including the provisions of articles one
48 hundred forty-five, one hundred forty-seven and one hundred forty-eight
49 of the education law, past record of compliance with the labor law, and
50 such other qualifications the authority deems appropriate which may
51 include, but are not limited to project understanding, financial capaci-
52 ty and/or record of performance. The authority shall evaluate and rate
53 all entities responding to the request for qualifications. Based upon
54 such ratings, the authority shall list the entities that shall receive a
55 request for proposals in accordance with paragraph (b) of this subdivi-
56 sion.
S. 6459 26 A. 9559
1 (b) Step two. Selection of the proposal which is the best value to the
2 authority. The authority shall issue a request for proposals to the
3 entities listed pursuant to paragraph (a) of this subdivision. If such
4 an entity consists of a team of separate entities, the entities that
5 comprise such a team must remain unchanged from the entity as listed
6 pursuant to paragraph (a) of this subdivision unless otherwise approved
7 by the authority. The request for proposals shall set forth the
8 project's scope of work, and other requirements, as determined by the
9 authority. The request for proposals shall specify the criteria to be
10 used to evaluate the responses. Such criteria shall include the
11 proposal's cost, the quality of the proposal's solution, the qualifica-
12 tions and experience of the design and construction team, and other
13 factors deemed pertinent by the authority, which may include, but shall
14 not be limited to, the proposal's project implementation, ability to
15 complete the work in a timely and satisfactory manner, maintainability
16 of the completed project, maintenance of traffic approach, and community
17 impact. Any contract awarded pursuant to this section shall be awarded
18 to a responsible entity that submits the proposal which, in consider-
19 ation of these and other specified criteria deemed pertinent to the
20 project, offers the best value to the authority.
21 3. Any contract entered into pursuant to this section shall include a
22 clause requiring that any professional services regulated by articles
23 one hundred forty-five, one hundred forty-seven and one hundred forty-
24 eight of the education law shall be performed by a professional licensed
25 in accordance with such articles.
26 4. Construction for each project undertaken by the authority pursuant
27 to this section shall be deemed a "public work" to be performed in
28 accordance with the provisions of article eight of the labor law, and
29 subject to enforcement of prevailing wage requirements by the New York
30 state department of labor.
31 5. Each contract entered into by the authority pursuant to this
32 section shall comply with the objectives and goals of minority and
33 women-owned business enterprises pursuant to article fifteen-A of the
34 executive law and, for projects receiving federal aid, shall comply with
35 applicable federal requirements for disadvantaged business enterprises.
36 6. Projects undertaken by the authority pursuant to this section shall
37 be subject to the requirements of article eight of the environmental
38 conservation law, and, where applicable, the requirements of the
39 national environmental policy act.
40 7. The submission of a proposal or responses pursuant to subdivision
41 two of this section or the execution of a design-build contract pursuant
42 to this section shall not be construed to be a violation of section
43 sixty-five hundred twelve of the education law.
44 § 4. No later than 5 years after the effective date of this act, the
45 commissioner of transportation and the thruway authority shall prepare a
46 report to the governor and to the senate and assembly transportation
47 committees evaluating the use of the design-build process for highway
48 projects. Such report shall be prepared in consultation with represen-
49 tatives of the construction and design consultant professions, laborers
50 and others and may subsequently be supplemented in the same manner, as
51 deemed appropriate by the commissioner and the thruway authority.
52 § 5. This act shall take effect immediately.
53 PART L
S. 6459 27 A. 9559
1 Section 1. The transportation law is amended by adding a new article
2 23 to read as follows:
3 ARTICLE 23
4 TRANSPORTATION DEVELOPMENT PARTNERSHIPS
5 Section 500. Definitions.
6 501. Authority of the commissioner.
7 501-a. Transportation facilities and transportation services.
8 502. Consideration and solicitation of proposals.
9 503. Criteria for acceptance of proposals.
10 504. General provisions.
11 505. Agreements.
12 506. Condemnation and operation in the event of a default.
13 507. Federal, state and local assistance.
14 508. Police powers; violations of law.
15 509. Powers and duties of the private entity.
16 510. Confidentiality.
17 511. Severability clause.
18 § 500. Definitions. As used in this article, unless a different mean-
19 ing appears from the context, the following terms shall mean:
20 1. "Private entity" means any natural person, association, corpo-
21 ration, limited liability company, partnership, firm, business trust,
22 joint venture, not for profit entity, fund or other private business
23 entity.
24 2. "Public entity" means the state, the federal government, any other
25 state, any bi-state authority or commission, any multi-state authority
26 or commission, any multi-national authority or commission, any nation,
27 any province, or any agency, commission, public authority, public bene-
28 fit corporation, political subdivision or municipality of any thereof,
29 or any other governmental entity, or any combination of any thereof.
30 3. "Transportation facilities" means transportation infrastructure and
31 related facilities or systems, including, but not limited to, highways,
32 railroads, airports, transit facilities, buses, ferries, bridges,
33 tunnels, tracks, vehicles, ports, rolling stock, equipment, parking
34 facilities, transit stations, bus stations, intermodal centers, termi-
35 nals, rest areas, transportation management and information systems,
36 intelligent transportation systems, user fee collection systems, land
37 use control and development, fuel storage, energy systems, security
38 systems, seismic control systems, utility relocation, and rights-of-way
39 associated with each mode or facility.
40 4. "Transportation services" means any transportation-related
41 services, including, but not limited to, the provisions for the movement
42 of people, vehicles, goods or information on, by or through the use of
43 transportation facilities and shall include services provided pursuant
44 to joint services agreements and transportation services agreements.
45 5. "Transportation services agreement" shall mean any agreement
46 entered into by the commissioner pursuant to subdivision one of section
47 five hundred one of this article.
48 6. "Transportation services project" shall mean the planning, acquisi-
49 tion, design, engineering, environmental analysis, construction, recon-
50 struction, restoration, rehabilitation, establishment, improvement,
51 renovation, extension, repair, management, operation, maintenance,
52 development and/or financing of transportation facilities or transporta-
53 tion services, including, but not limited to, agreements relating to the
54 distribution of fare and toll payment media and electronic payment
55 devices, and the establishment and collection of user fees, pursuant to
56 one or more transportation services agreements.
S. 6459 28 A. 9559
1 7. "User fees" mean the rates, tolls, fares, rentals or fees or other
2 charges including any adjustments or modifications thereto imposed for
3 or associated with the use and operation of all or a portion of a trans-
4 portation facility or for the receipt of transportation services pursu-
5 ant to a transportation services agreement and any other lease or
6 concession revenue derived therefrom.
7 § 501. Authority of the commissioner. Notwithstanding the provisions
8 of any law to the contrary, the commissioner is authorized to:
9 1. enter into transportation services agreements, on such terms and
10 conditions as the commissioner deems appropriate and subject to the
11 approval of the director of the budget, and in accordance with section
12 one hundred twelve of the state finance law, with public and/or private
13 entities to provide for, or in support of, or associated with, the plan-
14 ning, acquisition, design, engineering, environmental analysis,
15 construction, reconstruction, restoration, rehabilitation, establish-
16 ment, improvement, renovation, extension, repair, management, operation,
17 maintenance, development and/or financing of transportation facilities
18 or transportation services, including, but not limited to, agreements
19 relating to the distribution of fare and toll payment media and elec-
20 tronic payment devices, and the establishment and collection of user
21 fees;
22 2. accept any appropriation, grant or offer of funds or property or
23 other forms of assistance for the purposes of this article from any
24 public and/or private entity and to comply with the terms and conditions
25 thereof;
26 3. accept, pursuant to the terms of a transportation services agree-
27 ment entered into pursuant to subdivision one of this section or other-
28 wise, property or any interests therein and transportation facilities to
29 be maintained as part of the state's transportation system. Any such
30 interest in transportation facilities so acquired shall be deemed to
31 have been acquired by the commissioner pursuant to section thirty of the
32 highway law;
33 4. utilize any of the powers or authority of the commissioner to
34 achieve the purposes of this article;
35 5. finance all or any part of the costs to the department or to any
36 public and/or private entity of any transportation facilities or trans-
37 portation services project, including financing through or accompanied
38 by one or more leases or concessions of such project or any part thereof
39 by or to such entity or entities and/or by or to the department or
40 through or accompanied by one or more leasebacks of such project or any
41 part thereof by or to such entity or entities or by or to the depart-
42 ment;
43 6. utilize the commissioner's eminent domain powers pursuant to the
44 highway law and the eminent domain procedure law, on such terms and
45 conditions as the commissioner deems appropriate, to acquire property
46 required for transportation facilities or transportation services
47 projects that are the subject of transportation services agreements with
48 the commissioner pursuant to this section; and
49 7. provide for the collection of user fees for the use of transporta-
50 tion facilities or for the receipt of transportation services pursuant
51 to this article; provided, however, that such user fees, tolls or other
52 charges may only be imposed in connection with transportation facilities
53 that are currently subject to user fees, tolls or other charges, and/or
54 transportation facilities which are newly constructed or which are
55 improved to increase capacity pursuant to a transportation services
56 agreement entered into pursuant to this article.
S. 6459 29 A. 9559
1 § 501-a. Transportation facilities and transportation services.
2 Transportation facilities and transportation services provided pursuant
3 to a transportation services agreement shall not be subject to the
4 provisions of any local law, land use review requirements, real property
5 tax or any other local tax.
6 § 502. Consideration and solicitation of proposals. Notwithstanding
7 any provision of law to the contrary, the commissioner is authorized to
8 publicly solicit proposals from public and/or private entities for the
9 provision of transportation services or for a transportation facility to
10 be acquired, designed, constructed, restored, rehabilitated, estab-
11 lished, improved, renovated, extended, repaired, operated, maintained,
12 developed and/or financed pursuant to a transportation services agree-
13 ment between the commissioner and such an entity or entities. Such
14 solicitation shall include a request for such information as the commis-
15 sioner deems necessary to evaluate responses to the solicitation.
16 § 503. Criteria for acceptance of proposals. Notwithstanding any
17 provision of law to the contrary, the commissioner may enter into a
18 transportation services agreement with the public and/or private entity
19 which, pursuant to section five hundred two of this article, has submit-
20 ted a solicited proposal that is determined by the commissioner to be
21 the best value to the state considering the following:
22 1. a public need for the proposed transportation facility or transpor-
23 tation services;
24 2. the compatibility of the proposed transportation facility or trans-
25 portation service and the scheduling of its development or implementa-
26 tion and its connections to or role within the existing transportation
27 system and the compatibility with the transportation plans of the state
28 and of any affected local jurisdictions;
29 3. the reasonableness of estimated costs, benefits and liabilities of
30 the proposed transportation facility and/or of the delivery of the
31 transportation services;
32 4. the feasibility of the financing of the development, construction,
33 implementation and/or operation of the proposed transportation facility
34 or delivery of the transportation services;
35 5. the qualifications, experience, and financial capacity of the
36 public and/or private entity providing the transportation facility
37 and/or transportation services; and
38 6. whether the proposed transportation facility or transportation
39 services satisfies any other criteria established by the commissioner in
40 the solicitation made pursuant to section five hundred two of this arti-
41 cle.
42 § 504. General provisions. 1. Nothing in this article shall be
43 construed to require the commissioner to accept any proposal, or enter
44 into any agreement with any public and/or private entity.
45 2. Nothing in this article shall be deemed to limit the applicability
46 of existing powers and authority of the commissioner or to require the
47 commissioner to advance any project through the provisions of this arti-
48 cle.
49 3. Notwithstanding any provision of law to the contrary, the depart-
50 ment may pledge any user fee or convey any interest in property under
51 the jurisdiction of the department to a public and/or private entity
52 pursuant to the terms of a transportation services agreement entered
53 into pursuant to subdivision one of section five hundred one of this
54 article.
S. 6459 30 A. 9559
1 4. Nothing in this article shall be construed as a waiver of or limi-
2 tation upon the sovereign immunity of the state or any instrumentality
3 thereof.
4 5. The commissioner is hereby authorized to promulgate any rules and
5 regulations deemed necessary or desirable for the implementation of this
6 article.
7 6. Projects undertaken by the commissioner pursuant to this article
8 shall be subject to the requirements of article eight of the environ-
9 mental conservation law, and, where applicable, the requirements of the
10 national environmental policy act.
11 § 505. Agreements. Notwithstanding any provision of law to the contra-
12 ry, the commissioner, through transportation services agreements entered
13 into pursuant to this article, may provide for:
14 1. The planning, acquisition, design, engineering, environmental anal-
15 ysis, construction, reconstruction, rehabilitation, restoration, estab-
16 lishment, improvement, renovation, extension, repair, management, opera-
17 tion, maintenance, development and/or financing of transportation
18 facilities and the provision of transportation services by a single
19 public or private entity or combination of public and private entities;
20 2. User fees and the pledge of all or any portion thereof in
21 connection with any financing thereon consistent with existing contracts
22 or resolutions relating thereto; and
23 3. The crossing of any street, highway, railroad, canal or navigable
24 water course or right-of-way, or other roadway so long as the crossing
25 does not unreasonably interfere with the reasonable use thereof.
26 § 506. Condemnation and operation in the event of a default. In the
27 event a public or private entity defaults on its obligations under a
28 transportation services agreement entered into pursuant to subdivision
29 one of section five hundred one of this article, the commissioner is
30 hereby authorized but not required to acquire, in the name of the people
31 of the state, all or any portion of any transportation facility and/or
32 operation constructed or under construction by such public or private
33 entity, with any damages suffered to the state as a result of such
34 default being an offset to the compensation provided for the acquisition
35 of the transportation facility. The commissioner may also terminate the
36 transportation services agreement and exercise any other rights or reme-
37 dies which may be available to the department at law or in equity. In
38 the event of such acquisition and notwithstanding any provision of law
39 to the contrary, the department is hereby authorized, but is not
40 required, to operate and maintain the facility, including the imposition
41 and collection of applicable user fees.
42 § 507. Federal, state and local assistance. 1. Notwithstanding any
43 provision of law to the contrary, the commissioner, in relation to
44 transportation services agreements entered into pursuant to this arti-
45 cle, may:
46 (a) Take any action to obtain federal, state or local assistance for a
47 transportation facility or transportation service that serves the
48 purposes of this article and may enter into any contracts required to
49 receive such assistance. The commissioner may use such assistance for
50 the implementation of the transportation services agreements entered
51 into pursuant to this article.
52 (b) Agree to make grants or loans or other forms of assistance for the
53 development and/or operation of the transportation facility or provision
54 of the transportation service from time to time from amounts received
55 from the federal, state, or any local government, or any agency or
56 instrumentality thereof.
S. 6459 31 A. 9559
1 2. Nothing in this article or in a transportation services agreement
2 entered into pursuant to this article shall be deemed to enlarge, dimin-
3 ish or affect the authority, if any, concerning the debt capacity of the
4 state or any other public entity.
5 § 508. Police powers; violations of law. Notwithstanding any
6 provisions of law to the contrary:
7 1. All police officers of the state and of each affected local juris-
8 diction, shall have the same powers and jurisdiction within the limits
9 of such transportation facility as they have in their respective areas
10 of jurisdiction and such police officers shall have access to the trans-
11 portation facility at any time for the purpose of exercising such powers
12 and jurisdiction. This authority does not extend to the private offices,
13 buildings, garages, and other improvements of a private entity to any
14 greater degree than the police power extends to any other private build-
15 ings and improvements.
16 2. To the extent the transportation facility is a highway, road,
17 bridge, tunnel, overpass, or similar transportation facility for motor
18 vehicles, the traffic and motor vehicle laws generally applicable to
19 facilities under the jurisdiction of the department shall apply to
20 conduct on the transportation facility. Punishment for offenses shall be
21 as prescribed by law for conduct occurring on similar transportation
22 facilities in the state.
23 § 509. Powers and duties of the private entity. Notwithstanding any
24 provisions of law to the contrary:
25 1. The private entity shall have all power allowed by law generally to
26 a private entity having the same form of organization as the private
27 entity and shall have the power to develop, maintain and/or operate the
28 transportation facility or provide the transportation service and impose
29 user fees and/or enter into service contracts or other agreements in
30 connection with the use thereof. No user fees may be imposed by the
31 private entity without the prior written approval of the commissioner.
32 2. The private entity may own, lease or acquire any other right to use
33 or develop, maintain and/or operate the transportation facility or
34 provide the transportation service.
35 3. In operating the transportation facility or providing the transpor-
36 tation service, the private entity may make classifications according to
37 reasonable categories for assessment of user fees; provided such private
38 entity gets all approvals required by the terms of the transportation
39 agreement.
40 § 510. Confidentiality. Any request for proposal or agreement entered
41 pursuant to this article shall make provision for the protection of
42 interests and rights in intellectual property and trade secrets.
43 § 511. Severability clause. If any section, clause or provision of
44 this article shall be determined to be unconstitutional or be ineffec-
45 tive in whole or in part, to the extent that it is not unconstitutional
46 or ineffective, it shall be valid and effective and no other section,
47 clause or provision shall, on account thereof, be deemed invalid or
48 ineffective.
49 § 2. The public authorities law is amended by adding a new section 388
50 to read as follows:
51 § 388. Transportation development partnerships. Notwithstanding any
52 other provisions of law to the contrary:
53 1. As used in this section, unless a different meaning appears from
54 the context, the terms:
55 (a) "Private entity" means any natural person, association, corpo-
56 ration, limited liability company, partnership, firm, business trust,
S. 6459 32 A. 9559
1 joint venture, not-for-profit entity, fund or other private business
2 entity.
3 (b) "Public entity" means the state, the federal government, any other
4 state, any bi-state authority or commission, any multi-state authority
5 or commission, any multi-national authority or commission, any nation,
6 any province, or any agency, commission, public authority, public bene-
7 fit corporation, political subdivision or municipality of any thereof,
8 or any other governmental entity, or any combination of any thereof.
9 (c) "Transportation facilities" means the thruway system as defined in
10 section three hundred fifty-one of this title.
11 (d) "Transportation services" means any transportation-related
12 services, including, but not limited to, the provisions for the movement
13 of people, vehicles, goods or information on, by or through the use of
14 transportation facilities and shall include services provided pursuant
15 to joint services agreements and transportation services agreements.
16 (e) "Transportation services agreement" shall mean any agreement
17 entered into by the authority pursuant to paragraph (a) of subdivision
18 two of this section.
19 (f) "Transportation services project" shall mean the planning, acqui-
20 sition, design, engineering, environmental analysis, construction,
21 reconstruction, restoration, rehabilitation, establishment, improvement,
22 renovation, extension, repair, management, operation, maintenance,
23 development and/or financing of transportation facilities or transporta-
24 tion services, including, but not limited to, agreements relating to the
25 distribution of fare and toll payment media and electronic payment
26 devices, and the establishment and collection of user fees, pursuant to
27 one or more transportation services agreement.
28 (g) "User fees" mean the rates, tolls, fares, rentals or fees or other
29 charges including any adjustments or modifications thereto imposed for
30 or associated with the use and operation of all or a portion of a trans-
31 portation facility or for the receipt of transportation services pursu-
32 ant to a transportation services agreement and any other lease or
33 concession revenue derived therefrom.
34 2. Notwithstanding the provisions of any law to the contrary, the
35 authority is authorized, as additional corporate purposes thereof, to:
36 (a) solicit proposals for and enter into transportation services
37 agreements, on such terms and conditions as the authority deems appro-
38 priate, with public and/or private entities to provide for, or in
39 support of, or associated with, the planning, acquisition, design, engi-
40 neering, environmental analysis, construction, reconstruction, restora-
41 tion, rehabilitation, establishment, improvement, renovation, extension,
42 repair, management, operation, maintenance, development and/or financing
43 of transportation facilities or transportation services, including, but
44 not limited to, agreements relating to the distribution of fare and toll
45 payment media and electronic payment devices, and the establishment and
46 collection of user fees;
47 (b) accept any appropriation, grant, or offer of funds or property or
48 other forms of assistance for the purposes of this section from any
49 public and/or private entity and to comply with the terms and conditions
50 thereof;
51 (c) accept, pursuant to the terms of a transportation services agree-
52 ment, property or any interest therein and transportation facilities to
53 be maintained as part of the thruway system. Any such interest in trans-
54 portation facilities so acquired shall be deemed to have been acquired
55 by the authority or at the authority's request pursuant to this title;
S. 6459 33 A. 9559
1 (d) utilize any of its powers or authority to achieve the purposes of
2 this section including but not limited to the power to issue bonds,
3 notes and other obligations;
4 (e) finance all or any part of the costs to the authority or to any
5 public and/or private entity of any transportation facilities or trans-
6 portation services project, including financing through or accompanied
7 by one or more leases or concessions of such project or any part thereof
8 by or to such entity or entities and/or by or to the authority or any of
9 its subsidiaries or affiliates or through or accompanied by one or more
10 leasebacks of such project or any part thereof by or to such entity or
11 entities or by or to the authority or any of its subsidiaries or affil-
12 iates; and
13 (f) utilize the authority's eminent domain powers, pursuant to
14 sections three hundred fifty-eight and three hundred fifty-eight-a of
15 this title, on such terms and conditions as the authority deems appro-
16 priate, to acquire property required for transportation facilities or
17 transportation services projects.
18 3. Notwithstanding any provision of law to the contrary, the authority
19 may enter into an agreement with the public and/or private entity which
20 has submitted the solicited proposal that is determined by the authority
21 to be the best value to the authority considering the following:
22 (a) a public need for the proposed transportation facility or trans-
23 portation services;
24 (b) the compatibility of the proposed transportation facility or
25 transportation service and the scheduling of its development or imple-
26 mentation and its connections to or role within the existing thruway
27 system and the compatibility with the transportation plans of the
28 authority and of any state or local jurisdictions;
29 (c) the reasonableness of estimated costs, benefits and liabilities of
30 the proposed transportation facility and/or of the delivery of the
31 transportation services;
32 (d) the feasibility of the financing of the development, construction,
33 implementation and/or operation of the proposed transportation facility
34 or delivery of the transportation services;
35 (e) the qualifications, experience, and financial capacity of the
36 public and/or private entity providing the transportation facility
37 and/or transportation services; and
38 (f) whether the proposed transportation facility or transportation
39 services satisfies any other criteria established by the authority in
40 the solicitation made pursuant to this section.
41 4. (a) Nothing in this section shall be construed to require the
42 authority to make any solicitation, accept any proposal or enter into
43 any agreement with any public and/or private entity.
44 (b) Nothing in this section shall be deemed to (1) limit the authori-
45 ty's existing powers and authority, (2) require the authority to accept
46 any project through the provisions of this section, (3) require the
47 authority to enter into any agreements pursuant to this section, or (4)
48 require the authority to take any action that would contradict or impair
49 any existing authority contract or agreement with its bondholders or
50 other entities.
51 (c) Notwithstanding any provision of law to the contrary, the authori-
52 ty may convey any property, or interest therein, in which the authority
53 has an interest to a public and/or private entity pursuant to the terms
54 of a transportation services agreement.
S. 6459 34 A. 9559
1 (d) The authority is hereby authorized to promulgate any rules and
2 regulations deemed necessary or desirable for the implementation of this
3 section.
4 (e) Projects undertaken by the authority pursuant to this article
5 shall be subject to the requirements of article eight of the environ-
6 mental conservation law, and, where applicable, the requirements of the
7 national environmental policy act.
8 5. Notwithstanding any provision of law to the contrary, transporta-
9 tion services agreements entered into pursuant to this section may
10 provide for:
11 (a) The planning, acquisition, design, engineering, environmental
12 analysis, construction, reconstruction, restoration, rehabilitation,
13 establishment, improvement, renovation, extension, repair, management,
14 operation, maintenance, development and/or financing of transportation
15 facilities and the provision of transportation services by a single
16 public or private entity or combination of public and private entities;
17 (b) The imposition by the authority, or the establishment by the
18 public and/or private entity with which the authority contracts pursuant
19 to this section, of user fees and the pledge of all or any portion ther-
20 eof in connection with any financing thereon consistent with existing
21 contracts or resolutions relating thereto; and
22 (c) The crossing of any street, highway, railroad, canal or navigable
23 water course or right-of-way, or other roadway so long as the crossing
24 does not unreasonably interfere with the reasonable use thereof.
25 6. In the event a public or private entity defaults on its obligations
26 under a transportation services agreement entered into pursuant to para-
27 graph (a) of subdivision two of this section, the authority is hereby
28 authorized but not required to acquire all or any portion of any trans-
29 portation facility constructed or under construction or development by
30 or in conjunction with such public or private entity, with any damages
31 suffered to the authority as a result of such default being an offset to
32 the compensation provided for the acquisition of the transportation
33 facility. The authority may also terminate the transportation services
34 agreement and exercise any other rights or remedies which may be avail-
35 able to it at law or in equity. In the event of such acquisition and
36 notwithstanding any provision of law to the contrary, the authority is
37 hereby authorized, but not required, to operate and maintain the trans-
38 portation facility, including the imposition and collection of applica-
39 ble user fees.
40 7. Notwithstanding any provisions of law to the contrary, the authori-
41 ty, through transportation services agreements may:
42 (a) take any action to obtain federal, state or local assistance for a
43 transportation facility or transportation service that serves the public
44 purpose of this chapter and may enter into any contracts required to
45 receive such federal assistance. The authority may use such assistance
46 for the implementation of the transportation services agreements entered
47 into pursuant to this article; and
48 (b) agree to make grants or loans or other forms of assistance for the
49 development and/or operation of the transportation facility or provision
50 of the transportation service from time to time from amounts received
51 from the federal, state, or local government, or any agency or instru-
52 mentality thereof.
53 8. Nothing in this section or in a transportation services agreement
54 entered into pursuant to this section shall be deemed to enlarge, dimin-
55 ish or affect the authority, if any, otherwise possessed by the authori-
S. 6459 35 A. 9559
1 ty to take action that would impact the debt capacity of the state or
2 any other public entity.
3 9. Notwithstanding any provisions of law to the contrary:
4 (a) the private entity shall have all power allowed by law generally
5 to a private entity having the same form of organization as the private
6 entity and shall have the power to develop and/or operate the transpor-
7 tation facility or provide the transportation service and impose user
8 fees and/or enter into service contracts or other agreements in
9 connection with the use thereof. No user fees may be imposed by the
10 private entity without the authority's prior written approval;
11 (b) the private entity may own, lease or acquire any other right to
12 use or develop and/or operate the transportation facility or provide the
13 transportation service; and
14 (c) in operating the transportation facility or providing the trans-
15 portation service, the private entity may make classifications according
16 to reasonable categories for assessment of user fees provided such
17 private entity get necessary approval in accordance to the terms of the
18 transportation services agreement.
19 10. Any request for proposal or agreement entered pursuant to this
20 section shall make provision for the protection of interests and rights
21 in intellectual property and trade secrets.
22 11. If any clause or provision of this section shall be determined to
23 be unconstitutional or be ineffective in whole or in part, to the extent
24 that it is not unconstitutional or ineffective, it shall be valid and
25 effective and no other clause or provision shall, on account thereof, be
26 deemed invalid or ineffective.
27 § 3. The public authorities law is amended by adding a new section
28 1270-g to read as follows:
29 § 1270-g. Transportation development partnerships. Notwithstanding
30 any other provisions of law to the contrary:
31 1. As used in this section, unless a different meaning appears from
32 the context, the terms:
33 (a) "Private entity" means any natural person, association, corpo-
34 ration, limited liability company, partnership, firm, business trust,
35 joint venture, not-for-profit entity, fund or other private business
36 entity;
37 (b) "Public entity" means the state, the federal government, any other
38 state, any bi-state authority or commission, any multi-state authority
39 or commission, multi-national authority or commission, any nation, any
40 province, or any agency, commission, public authority, public benefit
41 corporation, political subdivision or municipality of any thereof, or
42 any other governmental entity, or any combination of any thereof;
43 (c) "Transportation facilities" shall have the meaning set forth in
44 subdivision fourteen of section twelve hundred sixty-one of this title
45 and shall include, in addition, any project authorized by subdivision
46 nine of section five hundred fifty-three of this chapter;
47 (d) "Transportation services" means any transportation-related
48 services, including, but not limited to, the provisions for the movement
49 of people, vehicles, goods or information on, by or through the use of
50 transportation facilities and shall include services provided pursuant
51 to joint services agreements and transportation services agreements;
52 (e) "Transportation services agreement" shall mean any agreement
53 entered into by the authority pursuant to paragraph (a) of subdivision
54 two of this section;
55 (f) "Transportation services project" shall mean the planning, acqui-
56 sition, design, engineering, environmental analysis, construction,
S. 6459 36 A. 9559
1 reconstruction, restoration, rehabilitation, establishment, improvement,
2 renovation, extension, repair, management, operation, maintenance,
3 development and/or financing of transportation facilities or transporta-
4 tion services, including, but not limited to, agreements relating to the
5 distribution of fare and toll payment media and electronic payment
6 devices, and the setting, collection and settlement of user fees pursu-
7 ant to one or more transportation services agreements;
8 (g) "User fees" mean the rates, tolls, fares, rentals, fees or other
9 charges including any adjustments or modifications thereto imposed for
10 or associated with the use and operation of all or a portion of a trans-
11 portation facility or for the receipt of transportation services pursu-
12 ant to the transportation services agreement and any other lease or
13 concession revenue derived therefrom.
14 2. Notwithstanding the provisions of any law to the contrary, the
15 authority is authorized, in addition to its other rights and powers not
16 inconsistent with the provisions of this section, on behalf of itself
17 and/or any of its subsidiaries and affiliates, to:
18 (a) solicit proposals for and enter into transportation services
19 agreements, on such terms and conditions as the authority deems appro-
20 priate, with public and/or private entities to provide for, or in
21 support of, or associated with, a transportation services project;
22 (b) accept any appropriation, grant or offer of funds or property or
23 other forms of assistance for the purposes of this article from any
24 public and/or private entity and to comply with the terms and conditions
25 thereof;
26 (c) accept, pursuant the terms of a transportation services agreement,
27 any property (or any interest therein), including, but not limited to,
28 any such interests in transportation facilities and any property trans-
29 ferred from the city of New York, acting by its mayor alone, needed or
30 useful for or in connection with any transportation services project;
31 (d) issue its notes or bonds, including notes and bonds issued pursu-
32 ant to section twelve hundred seventy-d of this title, to finance all or
33 any part of the costs of any transportation services project;
34 (e) finance all or any part of the costs to the authority or to any
35 public and/or private entity of any transportation facilities or trans-
36 portation services project, including financing through or accompanied
37 by one or more sales or leases or concessions of such project or any
38 part thereof by or to such entity or entities and/or by or to the
39 authority or any of its subsidiaries or affiliates or through or accom-
40 panied by one or more leasebacks of such project or any part thereof by
41 or to such entity or entities or by or to the authority or any of its
42 subsidiaries or affiliates;
43 (f) utilize any of its powers or authority or the power and authority
44 of any of its subsidiaries and affiliates in furtherance of the purposes
45 of this section; and
46 (g) utilize the authority's eminent domain powers, pursuant to the
47 eminent domain procedure law, on such terms and conditions as the
48 authority deems appropriate, to acquire property required for transpor-
49 tation facilities or transportation services projects.
50 3. For any part of a transportation services project located within
51 the city of New York, neither the provisions of section one hundred
52 ninety-seven-c of the New York city charter, relating to a uniform land
53 use review procedure, nor the provisions of any other local law of the
54 city of New York of like or similar tenor or import shall apply to the
55 acquisition of any real property (or any interest therein) for the
56 purposes of any transportation services project by the authority or its
S. 6459 37 A. 9559
1 designee then owned by the city nor to the transfer to the authority or
2 its designee for such purposes of the right of use, occupancy, control
3 or possession of any real property (or interest therein), whether pres-
4 ently owned or hereafter acquired by the city; provided in each such
5 case, however, that if at the time of such proposed acquisition or
6 transfer the real property which is the subject of such acquisition or
7 transfer is not then being utilized for a transit or transportation
8 purpose or is not an insubstantial addition to such property contiguous
9 thereto;
10 (a) the authority shall, unless a submission with respect to such
11 property has previously been made and approved as herein provided,
12 submit to the community board for the community district in which such
13 property is located, data with respect to the proposed use of such prop-
14 erty and to the design of any facility proposed to be constructed there-
15 on;
16 (b) such community board shall inform the city council of the city of
17 New York, with copies to the city planning commission of the city of New
18 York and the authority, of its views and recommendations with respect
19 thereto within forty-five days of such submission, and if the community
20 board shall fail to so inform the city council within such period it
21 shall be deemed to have recommended the proposal; and
22 (c) the city council shall, within forty-five days of the recommenda-
23 tion of the community board, approve or disapprove such acquisition or
24 transfer, and if the city council shall fail to act within such period
25 it shall be deemed to have approved the same.
26 4. Each transportation services project shall be considered to be a
27 facility, operation or property of the authority for purposes of all of
28 the provisions of this title, including, but not limited to, the special
29 treatment of such facilities, operations and properties under subdivi-
30 sions eight, eleven and twelve of section twelve hundred sixty-six of
31 this title and the exemptions set forth in section twelve hundred seven-
32 ty-five of this title. A transportation services project shall not be
33 considered a transit project for purposes of this title.
34 5. Notwithstanding any provision of law to the contrary, the authority
35 may enter into a transportation services agreement with the public
36 and/or private entity which has submitted the solicited proposal that is
37 determined by the authority to be the best value to the authority
38 considering the following:
39 (a) a public need for the proposed transportation facility or trans-
40 portation services;
41 (b) the compatibility of the proposed transportation facility or
42 transportation service and the scheduling of its development or imple-
43 mentation and its connections to or role within the existing transporta-
44 tion system and the compatibility with the transportation plans of the
45 authority and of any state or local jurisdictions;
46 (c) the reasonableness of estimated costs, benefits and liabilities of
47 the proposed transportation facility and/or of the delivery of the
48 transportation services;
49 (d) the feasibility of the financing of the development, construction,
50 implementation and/or operation of the proposed transportation facility
51 or delivery of the transportation services;
52 (e) the qualifications, experience, and financial capacity of the
53 public and/or private entity providing the transportation facility
54 and/or transportation services; and
S. 6459 38 A. 9559
1 (f) whether the proposed transportation facility or transportation
2 services satisfies any other criteria applied by the authority in the
3 solicitation made pursuant to this section.
4 6. (a) Nothing in this section shall be construed to require the
5 authority to accept any proposal, make any solicitation or request for
6 competitive proposals, or enter into any agreement with any public
7 and/or private entity.
8 (b) Nothing in this section shall be deemed to:
9 (1) supersede or limit the applicability of the authority's existing
10 powers and authority;
11 (2) require the authority to accept any project through the provisions
12 of this section;
13 (3) require the authority to enter into any agreements hereunder; or
14 (4) require the authority to take any action that would contradict or
15 impact an existing authority contract or agreement with its bondholders.
16 (c) Notwithstanding any provision of law to the contrary, the authori-
17 ty may convey any property or interest therein, in which the authority
18 or any of its affiliates or subsidiaries has an interest to a public
19 and/or private entity pursuant to the terms of a transportation services
20 agreement.
21 (d) The authority is hereby authorized to promulgate any rules and
22 regulations deemed necessary or desirable for the implementation of this
23 section.
24 7. Notwithstanding any provision of law to the contrary, transporta-
25 tion services agreements entered into pursuant to this section may
26 provide for:
27 (a) the planning, acquisition, design, engineering, environmental
28 analysis, construction, reconstruction, restoration, rehabilitation,
29 establishment, improvement, renovation, extension, repair, management,
30 operation, maintenance, development and/or financing of transportation
31 facilities and transportation service projects and the provision of
32 transportation services by a single public or private entity or combina-
33 tion of public and private entities;
34 (b) the establishment, levy and collection of user fees and the pledge
35 of all or any portion thereof in connection with any financing thereon
36 consistent with existing contracts or resolutions relating thereto as
37 the authority may deem necessary, convenient or desirable; and
38 (c) the crossing of any street, highway, railroad, canal, navigable
39 water course or right-of-way, or other roadway so long as the crossing
40 does not unreasonably interfere with the reasonable use thereof.
41 8. In the event a public or private entity defaults on its obligations
42 under a transportation services agreement, the authority is hereby
43 authorized but not required to acquire all or any portion of any trans-
44 portation services project constructed by or in conjunction with such
45 public or private entity, with any damages suffered to the authority as
46 a result of such default being an offset to the compensation provided
47 for the acquisition of the transportation services project. The authori-
48 ty may also terminate the transportation services agreement and exercise
49 any other rights or remedies which may be available to it at law or in
50 equity. In the event of such acquisition and notwithstanding any
51 provision of law to the contrary, the authority is hereby authorized,
52 but not required, to operate and maintain the transportation services
53 facility, including the imposition and collection of applicable user
54 fees.
S. 6459 39 A. 9559
1 9. Notwithstanding any provision of law to the contrary, the public
2 entity, through transportation services agreements entered into pursuant
3 to this article, may:
4 (a) take any action to obtain federal, state or local assistance for a
5 transportation facility or transportation service that serves the public
6 purpose of this section and may enter into any contracts required to
7 receive such federal assistance; and
8 (b) agree to make grants or loans or other forms of assistance for the
9 development and/or operation of the transportation facility or provision
10 of the transportation service from time to time from amounts received
11 from the federal, state, or local government, or any agency or instru-
12 mentality thereof.
13 10. Nothing in this section or in a transportation services agreement
14 entered into pursuant to this section shall be deemed to enlarge, dimin-
15 ish or affect the authority, if any, otherwise possessed by the respon-
16 sible public entity to take action that would impact the debt capacity
17 of the state or the affected jurisdictions.
18 11. Notwithstanding any provisions of law to the contrary:
19 (a) the private entity shall have all power allowed by law generally
20 to a private entity having the same form of organization as the private
21 entity and shall have the power to develop and/or operate the transpor-
22 tation facility or provide the transportation service and impose user
23 fees and/or enter into service contracts in connection with the use
24 thereof. No user fees may be imposed by the private entity without the
25 authority's prior written approval;
26 (b) the private entity may own, lease or acquire any other right to
27 use or develop and/or operate the transportation facility or provide the
28 transportation service; and
29 (c) in operating the transportation facility or providing the trans-
30 portation service, the private entity may make classifications according
31 to reasonable categories for assessment of user fees provided they get
32 necessary approval in accordance to the terms of the transportation
33 services agreement.
34 12. Any request for proposal or agreement entered pursuant to this
35 section shall make provision for the protection of interests and rights
36 in intellectual property and trade secrets.
37 13. If any clause or provision of this section shall be determined to
38 be unconstitutional or be ineffective in whole or in part, to the extent
39 that it is not unconstitutional or ineffective, it shall be valid and
40 effective and no other clause or provision shall, on account thereof, be
41 deemed invalid or ineffective.
42 § 4. Notwithstanding the provisions of any law to the contrary, the
43 New York State Bridge Authority, the Niagara Frontier Transportation
44 Authority, the Rochester-Genesee Transportation Authority, the Capital
45 District Transportation Authority and the Central New York Regional
46 Transportation Authority are hereby authorized to enter into agreements
47 with the Commissioner of Transportation, the New York State Thruway
48 Authority, and/or the Metropolitan Transportation Authority for the
49 purposes of this act.
50 § 5. This act shall take effect immediately and shall have been deemed
51 to have been in full force and effect on and after April 1, 2006.
52 PART M
S. 6459 40 A. 9559
1 Section 1. Paragraph (c) of subdivision 2 of section 491 of the vehi-
2 cle and traffic law, as added by chapter 295 of the laws of 1983, is
3 amended to read as follows:
4 (c) In addition to other fees prescribed herein, an additional fee of
5 ten dollars shall be charged for the issuance of any original, duplicate
6 or renewal identification card which contains a photograph of the hold-
7 er. [Such fee shall not exceed the additional cost of providing a
8 photograph on an identification card rounded to the next highest twen-
9 ty-five cents] The full amount of each such fee collected shall be
10 deposited in the dedicated highway and bridge trust fund established
11 pursuant to section eighty-nine-b of the state finance law and the dedi-
12 cated mass transportation fund established pursuant to section eighty-
13 nine-c of the state finance law and distributed according to the
14 provisions of subdivision (d) of section three hundred one-j of the tax
15 law.
16 § 2. This act shall take effect immediately.
17 PART N
18 Section 1. Subparagraph (iv) of paragraph (a) of subdivision 4 of
19 section 501-a of the vehicle and traffic law is REPEALED.
20 § 2. Section 509 of the vehicle and traffic law is amended by adding
21 two new subdivisions 1-a and 7 to read as follows:
22 1-a. Whenever a license is required to operate a motor vehicle, no
23 person shall operate a motor vehicle without the proper endorsements for
24 the specific vehicle being operated or for the passengers or type of
25 cargo being transported.
26 7. No person shall operate a commercial motor vehicle without being in
27 physical possession of the appropriate license for the motor vehicle
28 being operated.
29 § 3. Section 510-a of the vehicle and traffic law is amended by adding
30 a new subdivision 8 to read as follows:
31 8. Disqualifications based upon record review. Where the commissioner
32 conducts a state record review required by 49 C.F.R. Part 384.206 and
33 he or she determines that another state has failed to take appropriate
34 action to disqualify, suspend, or revoke a license for offenses set
35 forth in 49 C.F.R. Part 383.51, the commissioner shall immediately
36 suspend or revoke the license or privilege of operating a motor vehicle
37 of such licensee. Such suspension or revocation shall be for the period
38 of time set forth in such Part 383.51 as it existed on the date of
39 violation of the offense.
40 § 4. Paragraphs (a) and (b) of subdivision 2 of section 510-a of the
41 vehicle and traffic law, as amended by section 13 of part E of chapter
42 60 of the laws of 2005, are amended to read as follows:
43 (a) Except as otherwise provided in paragraph (b) of this subdivision,
44 where revocation of a commercial driver's license is mandatory pursuant
45 to paragraph (a), (d) or (e) of subdivision one of this section no new
46 commercial driver's license shall be issued for at least one year nor
47 thereafter except in the discretion of the commissioner, except that if
48 such person has previously been found to have refused a chemical test
49 pursuant to section eleven hundred ninety-four of this chapter or has a
50 prior conviction of any of the following offenses: any violation of
51 section eleven hundred ninety-two of this chapter, any violation of
52 subdivision one or two of section six hundred of this chapter, or any
53 felony involving the use of a motor vehicle pursuant to paragraph (a) of
54 subdivision one of this section, or has been convicted of operating a
S. 6459 41 A. 9559
1 commercial motor vehicle when, as a result of prior violations committed
2 while operating a commercial motor vehicle, the driver's commercial
3 driver's license is revoked, suspended, or canceled, or the driver is
4 disqualified from operating a commercial motor vehicle, or has been
5 convicted of causing a fatality through the negligent operation of a
6 commercial motor vehicle, including but not limited to the crimes of
7 vehicular manslaughter or criminally negligent homicide, then such
8 commercial driver's license revocation shall be permanent.
9 (b) Where revocation is mandatory pursuant to paragraph (a), (d) or
10 (e) of subdivision one of this section and the commercial motor vehicle
11 was transporting hazardous materials, no new commercial driver's license
12 shall be issued for at least three years nor thereafter except in the
13 discretion of the commissioner, except that if such person has previous-
14 ly been found to have refused a chemical test pursuant to section eleven
15 hundred ninety-four of this chapter or has a prior conviction of any of
16 the following offenses: any violation of section eleven hundred ninety-
17 two of this chapter, any violation of subdivision one or two of section
18 six hundred of this chapter, or any felony involving the use of a motor
19 vehicle pursuant to paragraph (a) of subdivision one of this section, or
20 been convicted of operating a commercial motor vehicle when, as a result
21 of prior violations committed while operating a commercial motor vehicle
22 the driver's commercial driver's license is revoked, suspended, or
23 canceled, or the driver is disqualified from operating a commercial
24 motor vehicle, or has been convicted of causing a fatality through the
25 negligent operation of a commercial motor vehicle, including but not
26 limited to the crimes of vehicular manslaughter or criminally negligent
27 homicide, then such commercial driver's license revocation shall be
28 permanent.
29 § 5. Subparagraph 5 of paragraph (b) of subdivision 2 of section 1193
30 of the vehicle and traffic law, as amended by section 16 of part E of
31 chapter 60 of the laws of 2005, is amended to read as follows:
32 (5) Holder of a commercial driver's license. (i) Except as otherwise
33 provided in this subparagraph, one year where the holder of a commercial
34 driver's license is convicted of a violation of any subdivision of
35 section eleven hundred ninety-two of this article [and the holder is
36 sentenced pursuant to subparagraph two of paragraph (d) of subdivision
37 one of this section] or if such holder is convicted of an offense
38 consisting of operating a motor vehicle under the influence of alcohol
39 or drugs where such conviction was had outside of this state.
40 (ii) Three years, where the holder is convicted of a violation of any
41 subdivision of section eleven hundred ninety-two of this article, such
42 violation was committed while the holder was operating a commercial
43 motor vehicle transporting hazardous materials [and the holder is
44 sentenced pursuant to subparagraph two of paragraph (d) of subdivision
45 one of this section] or if such holder is convicted of an offense
46 consisting of operating a motor vehicle under the influence of alcohol
47 or drugs where such conviction was had outside of this state.
48 § 6. Clause c of subparagraph 1 of paragraph (d) of subdivision 2 of
49 section 1194 of the vehicle and traffic law, as amended by section 18 of
50 part E of chapter 60 of the laws of 2005, is amended to read as follows:
51 c. Any commercial driver's license which has been revoked pursuant to
52 paragraph (c) of this subdivision based upon a finding of refusal to
53 submit to a chemical test, where such finding occurs within or outside
54 of this state, shall not be restored for at least one year after such
55 revocation, nor thereafter, except in the discretion of the commission-
56 er, but shall not be restored for at least three years after such revo-
S. 6459 42 A. 9559
1 cation, nor thereafter, except in the discretion of the commissioner, if
2 the holder of such license was operating a commercial motor vehicle
3 transporting hazardous materials at the time of such refusal. However,
4 such person shall be permanently disqualified from operating a commer-
5 cial motor vehicle in any case where the holder has a prior finding of
6 refusal to submit to a chemical test pursuant to this section or has a
7 prior conviction of any of the following offenses: any violation of
8 section eleven hundred ninety-two of this article; any violation of
9 subdivision one or two of section six hundred of this chapter; or has a
10 prior conviction of any felony involving the use of a motor vehicle
11 pursuant to paragraph (a) of subdivision one of section five hundred
12 ten-a of this chapter. Provided that the commissioner may waive such
13 permanent revocation after a period of ten years has expired from such
14 revocation provided:
15 (i) that during such ten year period such person has not been found to
16 have refused a chemical test pursuant to this section and has not been
17 convicted of any one of the following offenses: any violation of section
18 eleven hundred ninety-two of this article; refusal to submit to a chemi-
19 cal test pursuant to this section; any violation of subdivision one or
20 two of section six hundred of this chapter; or has a prior conviction of
21 any felony involving the use of a motor vehicle pursuant to paragraph
22 (a) of subdivision one of section five hundred ten-a of this chapter;
23 (ii) that such person provides acceptable documentation to the commis-
24 sioner that such person is not in need of alcohol or drug treatment or
25 has satisfactorily completed a prescribed course of such treatment; and
26 (iii) after such documentation is accepted, that such person is grant-
27 ed a certificate of relief from disabilities as provided for in section
28 seven hundred one of the correction law by the court in which such
29 person was last penalized.
30 § 7. This act shall take effect immediately.
31 PART O
32 Section 1. Section 214 of the vehicle and traffic law, as amended by
33 chapter 568 of the laws of 1994, is amended to read as follows:
34 § 214. Proof of mailing of notice or order. The production of a copy
35 of a notice or order issued by the department, together with an elec-
36 tronically-generated record of entry of such order or notice upon the
37 appropriate driver's license or registration file of the department and
38 an affidavit by an employee designated by the commissioner as having
39 responsibility for the issuance of such order or notice issued by the
40 department setting forth the procedure for the issuance and the mailing
41 of such notice or order at the address of such person on file with the
42 department or at the current address provided by the United States
43 postal service shall be presumptive evidence that such notice of suspen-
44 sion, revocation or order was produced and mailed in accordance with
45 such procedures. The foregoing procedure shall not preclude the use of
46 an affidavit of service by mail, a certificate of mailing or proof of
47 certified or registered mail as proof of mailing of any such order or
48 notice.
49 § 2. Paragraph (b) of subdivision 3 of section 226 of the vehicle and
50 traffic law, as added by chapter 607 of the laws of 1993, is amended to
51 read as follows:
52 (b) Failure to answer or appear in accordance with the requirements of
53 this section and any regulations promulgated hereunder shall be deemed
54 an admission to the violation as charged, and an appropriate order may
S. 6459 43 A. 9559
1 be entered in the department's records, and a fine consistent with the
2 provisions of this chapter and regulations of the commissioner may be
3 imposed by the commissioner or person designated by the commissioner.
4 Prior to entry of an order and imposition of a fine, the commissioner
5 shall notify such person by mail at the address of such person on file
6 with the department or at the current address provided by the United
7 States postal service in accordance with section two hundred fourteen of
8 this [chapter] title: (i) of the violation charged; (ii) of the impend-
9 ing entry of such order and fine; (iii) that such order and fine may be
10 filed as a judgment with the county clerk of the county in which the
11 operator or registrant is located; and (iv) that entry of such order and
12 imposition of such fine may be avoided by entering a plea or making an
13 appearance within thirty days of the sending of such notice. In no case
14 shall such an order and fine be entered and imposed more than two years
15 after the date of the alleged violation. Upon application in such manner
16 and form as the commissioner shall prescribe an order and fine shall be
17 vacated upon the ground of excusable default.
18 § 3. Paragraph b of subdivision 4 of section 227 of the vehicle and
19 traffic law, as amended by chapter 221 of the laws of 1985, such subdi-
20 vision as renumbered by chapter 288 of the laws of 1989, is amended to
21 read as follows:
22 b. Unpaid fines may be recovered by the commissioner in a civil action
23 in the name of the commissioner. In addition, as an alternative to such
24 civil action, and provided that no appeal is pending, the commissioner
25 may file with the county clerk of the county in which the person resides
26 a final order of the commissioner containing the amount of the fine or
27 fines. The filing of such final order shall have the full force and
28 effect of a judgment duly docketed in the office of such clerk and may
29 be enforced in the same manner and with the same effect as that provided
30 by law in respect to execution issued against property upon judgments of
31 a court of record. No such civil action shall be commenced nor shall
32 such final order be filed until at least thirty days after the depart-
33 ment has posted by ordinary mail to the person at the address of such
34 person on file with the department or at the current address provided by
35 the United States postal service notice of the amount of such fine or
36 fines and that such fine or fines are due and owing.
37 § 4. Subdivision 6 of section 318 of the vehicle and traffic law is
38 amended to read as follows:
39 6. Notice of revocation pursuant to this section may be given to the
40 owner of a vehicle registered in this state or to a driver licensed in
41 this state, by mailing the same to such owner or licensee at the address
42 contained in the certificate of registration for the vehicle owned by
43 such person or to the address contained in his or her driving license or
44 to the current address provided by the United States postal service.
45 § 5. Subdivision 7 of section 510 of the vehicle and traffic law, as
46 amended by chapter 606 of the laws of 1993, is amended to read as
47 follows:
48 7. Miscellaneous provisions. Except as expressly provided, a court
49 conviction shall not be necessary to sustain a revocation or suspension.
50 Revocation or suspension hereunder shall be deemed an administrative act
51 reviewable by the supreme court as such. Notice of revocation or suspen-
52 sion, as well as any required notice of hearing, where the holder is not
53 present, may be given by mailing the same in writing to him or her at
54 the address contained in his or her license [or], certificate of regis-
55 tration or at the current address provided by the United States postal
56 service, as the case may be. Proof of such mailing by certified mail to
S. 6459 44 A. 9559
1 the holder shall be presumptive evidence of the holder's receipt and
2 actual knowledge of such notice. Attendance of witnesses may be
3 compelled by subpoena. Failure of the holder or any other person
4 possessing the license card or number plates, to deliver the same to the
5 suspending or revoking officer is a misdemeanor. Suspending or revoking
6 officers shall place such license cards and number plates in the custody
7 of the commissioner except where the commissioner shall otherwise
8 direct. If any person shall fail to deliver a license card or number
9 plates as provided herein, any police officer, bridge and tunnel officer
10 of the Triborough bridge and tunnel authority, or agent of the commis-
11 sioner having knowledge of such facts shall have the power to secure
12 possession thereof and return the same to the commissioner, and the
13 commissioner may forthwith direct any police officer, bridge and tunnel
14 officer of the Triborough bridge and tunnel authority, acting pursuant
15 to his special duties, or agent of the commissioner to secure possession
16 thereof and to return the same to the commissioner. Failure of the hold-
17 er or of any person possessing the license card or number plates to
18 deliver to any police officer, bridge and tunnel officer of the Tribor-
19 ough bridge and tunnel authority, or agent of the commissioner who
20 requests the same pursuant to this subdivision shall be a misdemeanor.
21 Notice of revocation or suspension of any license or registration shall
22 be transmitted forthwith by the commissioner of motor vehicles to the
23 chief of police of the city or prosecuting officer of the locality in
24 which the person whose license or registration so revoked or suspended
25 resides. In case any license or registration shall expire before the end
26 of any period for which it has been revoked or suspended, and before it
27 shall have been restored as provided in this chapter, then and in that
28 event any renewal thereof may be withheld until the end of such period
29 of suspension or until restoration, as the case may be.
30 The revocation of a learner's permit shall automatically cancel the
31 application for a license of the holder of such permit.
32 No suspension or revocation of a license or registration shall be made
33 because of a judgment of conviction if the suspending or revoking offi-
34 cer is satisfied that the magistrate who pronounced the judgment failed
35 to comply with subdivision one of section eighteen hundred seven of this
36 chapter. In case a suspension or revocation has been made and the
37 commissioner is satisfied that there was such failure, [he] the commis-
38 sioner shall restore the license or registration or both as the case may
39 be.
40 § 6. This act shall take effect immediately.
41 PART P
42 Section 1. Subdivision 12 of section 1269 of the public authorities
43 law, as amended by section 27 of part O of chapter 61 of the laws of
44 2000, is amended to read as follows:
45 12. The aggregate principal amount of bonds, notes or other obli-
46 gations issued after the first day of January, nineteen hundred ninety-
47 three by the authority, the Triborough bridge and tunnel authority and
48 the New York city transit authority to fund projects contained in capi-
49 tal program plans approved pursuant to section twelve hundred sixty-
50 nine-b of this article for the period nineteen hundred ninety-two
51 through two thousand [four] nine shall not exceed [sixteen] twenty-eight
52 billion [five] eight hundred seventy-seven million dollars. Such aggre-
53 gate principal amount of bonds, notes or other obligations or the
54 expenditure thereof shall not be subject to any limitation contained in
S. 6459 45 A. 9559
1 any other provision of law on the principal amount of bonds, notes or
2 other obligations or the expenditure thereof applicable to the authori-
3 ty, the Triborough bridge and tunnel authority or the New York city
4 transit authority. The aggregate limitation established by this subdivi-
5 sion shall not include (i) obligations issued to refund, redeem or
6 otherwise repay, including by purchase or tender, obligations thereto-
7 fore issued either by the issuer of such refunding obligations or by the
8 authority, the New York city transit authority or the Triborough bridge
9 and tunnel authority, (ii) obligations issued to fund any debt service
10 or other reserve funds for such obligations, (iii) obligations issued or
11 incurred to fund the costs of issuance, the payment of amounts required
12 under bond and note facilities, federal or other governmental loans,
13 security or credit arrangements or other agreements related thereto and
14 the payment of other financing and related costs associated with such
15 obligations, (iv) an amount equal to any original issue discount from
16 the principal amount of such obligations or to fund capitalized inter-
17 est, (v) obligations incurred pursuant to section twelve hundred seven-m
18 of this article, (vi) obligations incurred to fund the acquisition of
19 certain buses for the New York city transit authority as identified in a
20 capital program plan approved pursuant to chapter fifty-three of the
21 laws of nineteen hundred ninety-two, (vii) obligations incurred in
22 connection with the leasing, selling or transferring of equipment, and
23 (viii) bond anticipation notes or other obligations payable solely from
24 the proceeds of other bonds, notes or other obligations which would be
25 included in the aggregate principal amount specified in the first
26 sentence of this subdivision, whether or not additionally secured by
27 revenues of the authority, or any of its subsidiary corporations, New
28 York city transit authority, or any of its subsidiary corporations, or
29 Triborough bridge and tunnel authority.
30 § 2. This act shall take effect immediately.
31 PART Q
32 Section 1. Section 1 of part I of chapter 413 of the laws of 1999,
33 relating to providing for mass transportation payments, as amended by
34 section 1 of part H of chapter 60 of the laws of 2005, is amended to
35 read as follows:
36 Section 1. Notwithstanding any other law, rule or regulation to the
37 contrary, payment of mass transportation operating assistance pursuant
38 to section 18-b of the transportation law shall be subject to the
39 provisions contained herein and the amounts made available therefor by
40 appropriation.
41 In establishing service and usage formulas for distribution of mass
42 transportation operating assistance, the commissioner of transportation
43 may combine and/or take into consideration those formulas used to
44 distribute mass transportation operating assistance payments authorized
45 by separate appropriations in order to facilitate program administration
46 and to ensure an orderly distribution of such funds.
47 To improve the predictability in the level of funding for those
48 systems receiving operating assistance payments under service and usage
49 formulas, the commissioner of transportation is authorized with the
50 approval of the director of the budget, to provide service payments
51 based on service and usage statistics of the preceding year.
52 In the case of a service payment made, pursuant to section 18-b of the
53 transportation law, to a regional transportation authority on account of
54 mass transportation services provided to more than one county (consider-
S. 6459 46 A. 9559
1 ing the city of New York to be one county), the respective shares of the
2 matching payments required to be made by a county to any such authority
3 shall be as follows:
4 Percentage of matching payment required to be provided:
5 Percentage
6 of Matching
7 Local Jurisdiction Payment
8 --------------------------------------------
9 In the Metropolitan Commuter
10 Transportation District:
11 New York City ................ 6.40
12 Dutchess ..................... 1.30
13 Nassau ....................... 39.60
14 Orange ....................... 0.50
15 Putnam ....................... 1.30
16 Rockland ..................... 0.10
17 Suffolk ...................... 25.70
18 Westchester .................. 25.10
19 In the Capital District Trans-
20 portation District:
21 Albany ....................... 56.10
22 Rensselaer ................... 23.30
23 Saratoga ..................... 4.10
24 Schenectady .................. 16.50
25 In the Central New York Re-
26 gional Transportation Dis-
27 trict:
28 Cayuga ....................... [6.10] 5.11
29 Onondaga ..................... [90.50] 75.83
30 Oswego ....................... [3.40] 2.85
31 Oneida ....................... 16.21
32 In the Rochester-Genesee Re-
33 gional Transportation Dis-
34 trict:
35 Genesee ...................... 1.43
36 Livingston ................... 0.94
37 Monroe ....................... 94.58
38 Wayne ........................ 1.03
39 Wyoming ...................... 0.54
40 Seneca ....................... 0.67
41 Orleans ...................... 0.81
42 In the Niagara Frontier Trans-
43 portation District: Erie ......................... 89.20
44 Niagara ...................... 10.80
45 Notwithstanding any other inconsistent provisions of section 18-b of
46 the transportation law or any other law, any moneys provided to a public
47 benefit corporation constituting a transportation authority or to other
48 public transportation systems in payment of state operating assistance
49 or such lesser amount as the authority or public transportation system
50 shall make application for, shall be paid by the commissioner of trans-
51 portation to such authority or public transportation system in lieu, and
52 in full satisfaction, of any amounts which the authority would otherwise
53 be entitled to receive under section 18-b of the transportation law.
S. 6459 47 A. 9559
1 Notwithstanding the reporting date provision of section 17-a of the
2 transportation law, the reports of each regional transportation authori-
3 ty and other major public transportation systems receiving mass trans-
4 portation operating assistance shall be submitted on or before July 15
5 of each year in the format prescribed by the commissioner of transporta-
6 tion. Copies of such reports shall also be filed with the chairpersons
7 of the senate finance committee and the assembly ways and means commit-
8 tee and the director of the budget. The commissioner of transportation
9 may withhold future state operating assistance payments to public trans-
10 portation systems or private operators that do not provide such reports.
11 Payments may be made in quarterly installments as provided in subdivi-
12 sion 2 of section 18-b of the transportation law or in such other manner
13 and at such other times as the commissioner of transportation, with the
14 approval of the director of the budget, may provide; and where payment
15 is not made in the manner provided by such subdivision 2, the matching
16 payments required of any city, county, Indian tribe or intercity bus
17 company shall be made within 30 days of the payment of state operating
18 assistance pursuant to this section or on such other basis as may be
19 agreed upon by the commissioner of transportation, the director of the
20 budget, and the chief executive officer of such city, county, Indian
21 tribe or intercity bus company.
22 The commissioner of transportation shall be required to annually eval-
23 uate the operating and financial performance of each major public trans-
24 portation system. Where the commissioner's evaluation process has iden-
25 tified a problem related to system performance, the commissioner may
26 request the system to develop plans to address the performance deficien-
27 cies. The commissioner of transportation may withhold future state oper-
28 ating assistance payments to public transportation systems or private
29 operators that do not provide such operating, financial, or other infor-
30 mation as may be required by the commissioner to conduct the evaluation
31 process.
32 Payments shall be made contingent upon compliance with regulations
33 deemed necessary and appropriate, as prescribed by the commissioner of
34 transportation and approved by the director of the budget, which shall
35 promote the economy, efficiency, utility, effectiveness, and coordinated
36 service delivery of public transportation systems. The chief executive
37 officer of each public transportation system receiving a payment shall
38 certify to the commissioner of transportation, in addition to informa-
39 tion required by section 18-b of the transportation law, such other
40 information as the commissioner of transportation shall determine is
41 necessary to determine compliance and carry out the purposes herein.
42 Counties, municipalities or Indian tribes that propose to allocate
43 service payments to operators on a basis other than the amount earned by
44 the service payment formula shall be required to describe the proposed
45 method of distributing governmental operating aid and submit it one
46 month prior to the start of the operator's fiscal year to the commis-
47 sioner of transportation in writing for review and approval prior to the
48 distribution of state aid. The commissioner of transportation shall only
49 approve alternate distribution methods which are consistent with the
50 transportation needs of the people to be served and ensure that the
51 system of private operators does not exceed established maximum service
52 payment limits. Copies of such approvals shall be submitted to the
53 chairpersons of the senate finance and assembly ways and means commit-
54 tees.
55 Notwithstanding the provisions of subdivision 4 of section 18-b of the
56 transportation law, the commissioner of transportation is authorized to
S. 6459 48 A. 9559
1 continue to use prior quarter statistics to determine current quarter
2 payment amounts, as initiated in the April to June quarter of 1981. In
3 the event that actual revenue passengers and actual total number of
4 vehicle, nautical or car miles are not available for the preceding quar-
5 ter, estimated statistics may be used as the basis of payment upon
6 approval by the commissioner of transportation. In such event, the
7 succeeding payment shall be adjusted to reflect the difference between
8 the actual and estimated total number of revenue passengers and vehicle,
9 nautical or car miles used as the basis of the estimated payment. The
10 chief executive officer may apply for less aid than the system is eligi-
11 ble to receive. Each quarterly payment shall be attributable to operat-
12 ing expenses incurred during the quarter in which it is received, unless
13 otherwise specified by such commissioner. In the event that a public
14 transportation system ceases to participate in the program, operating
15 assistance due for the final quarter that service is provided shall be
16 based upon the actual total number of revenue passengers and the actual
17 total number of vehicle, nautical or car miles carried during that quar-
18 ter.
19 Payments shall be contingent on compliance with audit requirements
20 determined by the commissioner of transportation.
21 In the event that an audit of a public transportation system or
22 private operator receiving funds discloses the existence of an overpay-
23 ment of state operating assistance, regardless of whether such an over-
24 payment results from an audit of revenue passengers and the actual
25 number of revenue vehicle miles statistics, or an audit of private oper-
26 ators in cases where more than a reasonable return based on equity or
27 operating revenues and expenses has resulted, the commissioner of trans-
28 portation, in addition to recovering the amount of state operating
29 assistance overpaid, shall also recover interest, as defined by the
30 department of taxation and finance, on the amount of the overpayment.
31 Notwithstanding any other law, rule or regulation to the contrary,
32 whenever the commissioner of transportation is notified by the comp-
33 troller that the amount of revenues available for payment from an
34 account is less than the total amount of money for which the public mass
35 transportation systems are eligible pursuant to the provisions of
36 section 88-a of the state finance law and any appropriations enacted for
37 these purposes, the commissioner of transportation shall establish a
38 maximum payment limit which is proportionally lower than the amounts set
39 forth in appropriations.
40 Notwithstanding paragraphs (b) of subdivisions 5 and 7 of section 88-a
41 of the state finance law and any other general or special law, payments
42 may be made in quarterly installments or in such other manner and at
43 such other times as the commissioner of transportation, with the
44 approval of the director of the budget may prescribe.
45 § 2. This act shall take effect immediately and shall be deemed to
46 have been in full force and effect on and after April 1, 2006.
47 PART R
48 Section 1. Section 2 of chapter 21 of the laws of 2003, amending the
49 executive law relating to permitting the secretary of state to provide
50 special handling for all documents filed or issued by the division of
51 corporations and to permit additional levels of such expedited service,
52 as amended by section 1 of part E of chapter 59 of the laws of 2005, is
53 amended to read as follows:
S. 6459 49 A. 9559
1 § 2. This act shall take effect immediately, provided however, that
2 section one of this act shall be deemed to have been in full force and
3 effect on and after April 1, 2003 [and shall expire March 31, 2006].
4 § 2. This act shall take effect immediately and shall be deemed to
5 have been in full force and effect on and after April 1, 2006.
6 PART S
7 Section 1. Subdivision 7 of section 24-0105 of the environmental
8 conservation law, as added by chapter 614 of the laws of 1975 and renum-
9 bered by chapter 654 of the laws of 1977, is amended to read as follows:
10 7. Any loss of freshwater wetlands deprives the people of the state of
11 some or all of the many and multiple benefits to be derived from
12 wetlands, to wit:
13 (a) flood and storm control by the hydrologic absorption and storage
14 capacity of freshwater wetlands;
15 (b) wildlife habitat by providing breeding, nesting and feeding
16 grounds and cover for many forms of wildlife, wildfowl and shorebirds,
17 including migratory wildfowl and rare species such as the bald eagle and
18 osprey;
19 (c) protection of subsurface water resources and provision for valu-
20 able watersheds and recharging ground water supplies;
21 (d) recreation by providing areas for hunting, fishing, boating,
22 hiking, bird watching, photography, camping and other uses;
23 (e) pollution treatment by serving as biological and chemical oxida-
24 tion basins;
25 (f) erosion control by serving as sedimentation areas and filtering
26 basins, absorbing silt and organic matter and protecting channels and
27 harbors, and by stabilizing shorelines;
28 (g) education and scientific research by providing readily accessible
29 outdoor bio-physical laboratories, living classrooms and vast training
30 and education resources; [and]
31 (h) open space and aesthetic appreciation by providing often the only
32 remaining open areas along crowded river fronts and coastal Great Lakes
33 regions; [and]
34 (i) sources of nutrients in freshwater food cycles and nursery grounds
35 and sanctuaries for freshwater fish[.];
36 (j) protection of plant or animal species that are endangered, threat-
37 ened or of greatest conservation need;
38 (k) preservation of rare or exemplary natural communities; and
39 (l) conservation of the state's rich biological diversity.
40 § 2. Subdivisions 1 and 2 of section 24-0107 of the environmental
41 conservation law, as amended by chapter 654 of the laws of 1977, are
42 amended to read as follows:
43 1. "Freshwater wetlands" means lands and waters of the state as shown
44 on the freshwater wetlands map [which] that (a) are 12.4 acres or more
45 in size, or if less than 12.4 acres, (i) have, in the discretion of the
46 department, unusual local importance for one or more of the specific
47 benefits set forth in subdivision seven of section 24-0105 of this
48 title, or (ii) are deemed to be hydrologically isolated from waters of
49 the United States, according to criteria determined by the department;
50 or (b) are located within the Adirondack park and meet the definition of
51 wetlands contained in subdivision sixty-eight of section eight hundred
52 two of the executive law. Freshwater wetlands typically contain any or
53 all of the following:
S. 6459 50 A. 9559
1 (a) lands and submerged lands commonly called marshes, swamps,
2 sloughs, bogs, wet meadows, vernal pools, riparian areas, and flats
3 supporting aquatic or semi-aquatic vegetation of the following types:
4 (1) wetland trees, which depend upon seasonal or permanent flooding or
5 [sufficiently water-logged] hydric soils to give them a competitive
6 advantage over other trees; including, among others, red maple (Acer
7 rubrum), willows (Salix spp.), black spruce (Picea mariana); swamp white
8 oak (Quercus bicolor), red ash (Fraxinus pennsylvanica), black ash
9 (Fraxinus nigra), silver maple (Acer saccharinum), American elm (Ulmus
10 americana), and Larch (Larix laricina);
11 (2) wetland shrubs, which depend upon seasonal or permanent flooding
12 or [sufficiently water-logged] hydric soils to give them a competitive
13 advantage over other shrubs; including, among others, alder (Alnus
14 spp.), buttonbush (Cephalanthus occidentalis), bog rosemary (Andromeda
15 glaucophylla), dogwoods (Cornus spp.), and leatherleaf (Chamaedaphne
16 calyculata);
17 (3) emergent vegetation, including, among others, cattails (Typha
18 spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.),
19 arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), reed
20 (Phragmites communis), wild rice (Zizania aquatica), bur-reeds (Spargani-
21 um spp.), purple loosestrife (Lythrum salicaria), swamp loosestrife
22 (Decodon verticillatus); and water plantain (Alisma plantago-aquatica);
23 (4) rooted, floating-leaved vegetation; including, among others,
24 water-lily (Nymphaea odorata), water shield (Brasenia schreberi), and
25 spatterdock (Nuphar spp.);
26 (5) free-floating vegetation; including, among others, duckweed (Lemna
27 spp.), big duckweed (Spirodela polyrhiza), and watermeal (Wolffia spp.);
28 (6) wet meadow vegetation, which depends upon seasonal or permanent
29 flooding or [sufficiently water-logged] hydric soils to give it a
30 competitive advantage over other open land vegetation; including, among
31 others, sedges (Carex spp.), rushes (Juncus spp.), cattails (Typha
32 spp.), rice cut-grass (Leersia oryzoides), reed canary grass (Phalaris
33 arundinacea), swamp loosestrife (Decodon verticillatus), and spikerush
34 (Eleocharis spp.);
35 (7) bog mat vegetation; including, among others, sphagnum mosses
36 (Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherleaf
37 (Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea), and
38 cranberries (Vaccinium macrocarpon and V. oxycoccos);
39 (8) submergent vegetation; including, among others, pondweeds (Pota-
40 mogeton spp.), naiads (Najas spp.), bladderworts (Utricularia spp.),
41 wild celery (Vallisneria americana), coontail (Ceratophyllum demersum),
42 water milfoils (Myriophyllum spp.), muskgrass (Chara spp.), stonewort
43 (Nitella spp.), water weeds (Elodea spp.), and water smartweed (Polygo-
44 num amphibium);
45 (b) lands and submerged lands containing remnants of any vegetation
46 that is not aquatic or semi-aquatic that has died because of wet condi-
47 tions over a sufficiently long period, provided that such wet conditions
48 do not exceed a maximum seasonal water depth of six feet and provided
49 further that such conditions can be expected to persist indefinitely,
50 barring human intervention;
51 (c) lands and waters substantially enclosed by aquatic or semi-aquatic
52 vegetation as set forth in paragraph (a) of this subdivision or by dead
53 vegetation as set forth in paragraph (b) of this subdivision, the regu-
54 lation of which is necessary to protect and preserve the aquatic and
55 semi-aquatic vegetation; and
S. 6459 51 A. 9559
1 (d) the waters overlying the areas set forth in paragraphs (a) and (b)
2 of this subdivision and the lands underlying paragraph (c) of this
3 subdivision.
4 2. "Freshwater wetlands map" shall mean a map promulgated by the
5 department pursuant to section 24-0301 of this article on which are
6 indicated the approximate boundaries of any freshwater wetlands, which
7 may be in electronic or paper format.
8 § 3. Subdivision 7 of section 24-0107 of the environmental conserva-
9 tion law is REPEALED.
10 § 4. Subdivisions 1, 6, 7 and 8 of section 24-0301 of the environ-
11 mental conservation law, subdivisions 1, 6 and 7 as amended and subdivi-
12 sion 8 as added by chapter 654 of the laws of 1977, are amended to read
13 as follows:
14 1. The commissioner shall[, as soon as practicable, conduct a study to
15 identify and map those individual freshwater wetlands in the state of
16 New York which shall have an area of at least twelve and four-tenths
17 acres or more, or if less than twelve and four-tenths acres, (a) have,
18 in the discretion of the commissioner, and subject to review of his
19 action by the board created pursuant to title eleven of this article,
20 unusual local importance for one or more of the specific benefits set
21 forth in subdivision seven of section 24-0105 or (b) are located within
22 the Adirondack park and meet the definition of wetlands contained in
23 subdivision sixty-eight of section eight hundred two of article twenty-
24 seven of the executive law, and shall determine their characteristics.
25 This study shall, in addition to such other data as the commissioner may
26 determine to be included, consist of the freshwater wetlands inventory
27 of the department of environmental conservation, currently being made,
28 together with other available data on freshwater wetlands, whether
29 assisted by the state of New York under the tidal wetlands act or other-
30 wise, or assembled by federal or local governmental or private agencies,
31 all of which information shall be assembled and integrated, as applica-
32 ble, into a map of freshwater wetlands of the state of New York. Such
33 study may, in the discretion of the commissioner, be carried out on a
34 sectional or regional basis, as indicated by need, subject to overall
35 completion in an expeditious fashion subject to the terms of this chap-
36 ter. This map, and any orders issued pursuant to the provisions of this
37 article, shall comprise a part of the statewide environmental plan as
38 provided for in section 3-0303 of this chapter. As soon as practicable
39 the commissioner shall file with the secretary of state a detailed
40 description of the technical methods and requirements to be utilized in
41 compiling the inventory, and he shall afford the public an opportunity
42 to submit comments thereon] maintain maps of freshwater wetlands as
43 defined in this article.
44 6. Except as provided in subdivision eight of this section, [the
45 commissioner shall supervise the maintenance of such boundary maps,
46 which] freshwater wetland maps shall be posted on the department's
47 website as electronic images so as to make them broadly available to the
48 public for inspection and examination. In addition, electronic images
49 shall be available for inspection at the regional office of the depart-
50 ment in which the wetlands are wholly or partly located and in the
51 office of the clerk of each county in which each such wetland or a
52 portion thereof is located. The [commissioner] department may readjust
53 the map [thereafter] as needed to clarify the boundaries of the
54 wetlands, to correct any errors on the map, to effect any additions,
55 deletions or technical changes on the map, and to reflect changes as
56 have occurred as a result of the granting of permits pursuant to section
S. 6459 52 A. 9559
1 24-0703 of this article, or natural changes which may have occurred
2 through erosion, accretion, or otherwise, except wetlands shall not be
3 removed from the map if they are reduced to smaller than 12.4 acres as a
4 result of permitted or unpermitted activities and shall continue to be
5 subject to jurisdiction under this article. [Notice of such readjustment
6 shall be given in the same manner as set forth in subdivision five of
7 this section for the promulgation of final freshwater wetlands maps.]
8 The department shall then correct the map image and update any electron-
9 ic image of the map previously posted on its website to reflect such
10 readjustment. At that time, the department shall give notice of such map
11 adjustment to affected landowners and to the chief administrative offi-
12 cer of each county within the boundaries of which any such wetland or a
13 portion thereof is located. The department shall also cause notice of
14 the adjusted map to be published in at least two newspapers having
15 general circulation in the area where such wetlands are located.
16 Provided, however, that when the department is notified that a proposed
17 activity subject to regulation may affect any freshwater wetlands as
18 defined in this article, whether mapped or not, the department shall
19 determine whether wetlands are present and whether an adjustment on the
20 map, as currently filed, is needed immediately so as to protect the
21 values or meet the policies set forth in section 24-0105 of this arti-
22 cle, and if so, the department shall provide notice to the landowner
23 that such land is thereby subject to its jurisdiction and the landowner
24 shall obtain a permit pursuant to sections 24-0701 and 24-0703 prior to
25 conducting a regulated activity upon any freshwater wetland, to be
26 followed expeditiously thereafter with a map adjustment as provided in
27 this subdivision.
28 7. Except as provided in subdivision eight of this section, the
29 [commissioner] department may, upon [his] its own initiative, and shall,
30 upon a written request by a landowner whose land or a portion thereof
31 may be included within a wetland, or may upon the written request of
32 another person or persons or an official body whose interests are shown
33 to be affected, cause to be delineated more precisely the boundary line
34 or lines of a freshwater wetland or a portion thereof. Such more precise
35 delineation of a freshwater wetland boundary line or lines shall be of
36 appropriate scale and sufficient clarity to permit the ready identifica-
37 tion of individual buildings and of other major man-made structures or
38 facilities or significant geographical features with respect to the
39 boundary of any freshwater wetland. The [commissioner] department shall
40 undertake to delineate the boundary of a particular wetland or wetlands,
41 or a particular part of the boundary thereof only upon a showing by the
42 applicant therefor of good cause for such more precise delineation and
43 the establishment of such more precise line.
44 8. The [supervision of the maintenance of any freshwater wetlands map
45 or portion thereof applicable to wetlands within the Adirondack park,
46 the readjustment and precise delineation of wetland boundary lines and
47 the other] functions and duties ascribed to the [commissioner] depart-
48 ment by [subdivisions six and seven of] this section shall be performed
49 inside the Adirondack park by the Adirondack park agency, which shall
50 make such maps available for public inspection and examination at its
51 headquarters.
52 § 5. Section 24-0507 of the environmental conservation law is
53 REPEALED.
54 § 6. Subdivision 2 of section 24-0701 of the environmental conserva-
55 tion law, as amended by chapter 654 of the laws of 1977, is amended to
56 read as follows:
S. 6459 53 A. 9559
1 2. Activities subject to regulation shall include the subdivision of
2 any parcel of land containing freshwater wetlands and any form of drain-
3 ing, dredging, excavation, altering water levels, removal of soil, mud,
4 sand, shells, gravel or other aggregate from any freshwater wetland,
5 either directly or indirectly; and any form of dumping, filling, or
6 depositing of any soil, stones, sand, gravel, mud, rubbish or fill of
7 any kind, either directly or indirectly; erecting any structures, roads,
8 the driving of pilings, or placing of any other obstructions whether or
9 not changing the ebb and flow of the water; any form of pollution,
10 including but not limited to, installing a septic tank, running a sewer
11 or other discharge outfall, discharging sewage treatment effluent,
12 stormwater or other liquid wastes into or so as to drain into a freshwa-
13 ter wetland; and any other activity which substantially impairs any of
14 the several functions served by freshwater wetlands or the benefits
15 derived therefrom which are set forth in section 24-0105 of this arti-
16 cle. These activities are subject to regulation [whether or not] if they
17 occur upon the wetland itself[, if they impinge upon or otherwise
18 substantially affect the wetlands and] or are located not more than one
19 hundred feet from the boundary of such wetland, or in the case of the
20 subdivision of any parcel of land, if such land contains or is within
21 one hundred feet of a wetland. Provided, that a greater distance from
22 any such wetland may be regulated pursuant to this article by the appro-
23 priate local government or by the department, whichever has jurisdiction
24 over such wetland, where necessary to protect and preserve the wetland.
25 § 7. Subdivision 5 of section 24-0703 of the environmental conserva-
26 tion law, as amended by chapter 233 of the laws of 1979, is amended to
27 read as follows:
28 5. Prior to the promulgation of the final freshwater wetlands map in a
29 particular area and the implementation of a freshwater wetlands
30 protection law or ordinance, no person shall conduct, or cause to be
31 conducted, any activity for which a permit is required under section
32 24-0701 of this article on any freshwater wetland unless he has obtained
33 a permit from the commissioner under this section. Any person may
34 inquire of the department as to whether or not a given parcel of land
35 will be designated a freshwater wetland subject to regulation. The
36 department shall give a definite answer in writing within thirty days of
37 such request as to whether such parcel will or will not be so desig-
38 nated. Provided that, in the event that weather or ground conditions
39 prevent the department from making a determination within thirty days,
40 it may extend such period until a determination can be made. Such answer
41 in the affirmative shall be reviewable pursuant to [title eleven of
42 this] article seventy-eight of the civil practice law and rules; such an
43 answer in the negative shall be a complete defense to the enforcement of
44 this article pursuant to article seventy-one of this chapter as to such
45 parcel of land. The commissioner may by regulation adopted after public
46 hearing exempt categories or classes of wetlands or individual wetlands
47 which he determines not to be critical to the furtherance of the poli-
48 cies and purposes of this article.
49 § 8. Subdivision 6 of section 24-0705 of the environmental conserva-
50 tion law, as amended by chapter 654 of the laws of 1977, is amended to
51 read as follows:
52 6. Review of the determination of the local government or of the
53 commissioner shall be, within a period of thirty days after the filing
54 thereof, pursuant to the provisions of [title eleven of this article or]
55 article seventy-eight of the civil practice law and rules. Any owner of
S. 6459 54 A. 9559
1 the wetland affected and any resident or citizen of the local government
2 shall be deemed to have the requisite standing to seek review.
3 § 9. Subdivision 2 of section 24-0801 of the environmental conserva-
4 tion law, as added by chapter 654 of the laws of 1977, is amended to
5 read as follows:
6 2. Where the activities otherwise subject to regulation under this
7 article involve freshwater wetlands located within the boundaries of the
8 Adirondack park, the inquiries referred to and the applications provided
9 for in section 24-0703 of this article shall be made to and filed with
10 the Adirondack park agency at its headquarters office, under such regu-
11 lations and procedures as the Adirondack park agency may promulgate. The
12 Adirondack park agency shall review the application in place of the
13 commissioner or local government as provided in section 24-0705 of this
14 article, having due regard for the declaration of policy and statement
15 of findings set forth in this article and for the considerations set
16 forth in subdivision one of section 24-0705 of this article. The agency
17 shall in addition determine prior to the granting of any permit that the
18 proposed activity will be consistent with the Adirondack park land use
19 and development plan and would not have an undue adverse impact upon the
20 natural, scenic, aesthetic, ecological, wildlife, historic, recreational
21 or open space resources of the park, taking into account the economic
22 and social or other benefits to be derived from the activity. Any person
23 may seek review of a ruling made solely pursuant to the provisions of
24 this article by the Adirondack park agency pursuant to the provisions of
25 [title eleven of this article or] article seventy-eight of the civil
26 practice law and rules.
27 § 10. Subdivisions 1, 2 and 4 of section 24-0901 of the environmental
28 conservation law, subdivisions 1 and 2 as added by chapter 614 of the
29 laws of 1975 and subdivision 4 as amended by chapter 654 of the laws of
30 1977, are amended to read as follows:
31 1. [Upon completion of the freshwater wetlands map, the commissioner
32 shall] The department may confer with local government officials in each
33 region in which [the inventory has been conducted] wetlands occur to
34 establish a program for the protection of the freshwater wetlands of the
35 state.
36 2. The [commissioner] department may enter into cooperative agreements
37 with any city, village, town or county, or with any not-for-profit
38 conservation organization or an owner of freshwater wetlands or with any
39 one or more of them, for the purpose of preserving, managing, restoring,
40 and maintaining, or otherwise engaging in conservation practices, in
41 accordance with the policies of this article, those freshwater wetlands
42 which are wholly or partially located within the boundaries of such
43 city, village, town [or], county, or private property.
44 4. A cooperative agreement [with any such village, town, city or coun-
45 ty] may provide for the development by personnel and facilities of the
46 department or the payment out of funds appropriated therefor, for the
47 purpose of preserving, maintaining, managing, restoring, or enhancing
48 such wetlands in accordance with the policies of this article and for
49 benefits accrued to the people of the state, and for the furnishing of
50 such personnel, facilities or funds as may be agreed upon by the parties
51 to the cooperative agreement.
52 § 11. Subdivision 7 of section 24-0903 of the environmental conserva-
53 tion law, as added by chapter 614 of the laws of 1975, is amended to
54 read as follows:
55 7. Any person aggrieved by any such order or regulation may seek
56 [review pursuant to the provisions of title eleven of this article or]
S. 6459 55 A. 9559
1 judicial review pursuant to article seventy-eight of the civil practice
2 law and rules in the supreme court for the county in which the freshwa-
3 ter wetland is located, within thirty days after the date of the filing
4 of the order with the clerk of the county in which the wetland is
5 located.
6 § 12. Title 11 of article 24 of the environmental conservation law is
7 REPEALED.
8 § 13. Section 24-1305 of the environmental conservation law is
9 REPEALED.
10 § 14. Section 70-0117 of the environmental conservation law is amended
11 by adding a new subdivision 8 to read as follows:
12 8. (a) All persons required to obtain a permit from the department
13 pursuant to section 24-0701 of this chapter shall submit to the depart-
14 ment an application fee in an amount not to exceed the following:
15 (i) fifty dollars per application for a permit for a minor project or
16 modification to an existing permit;
17 (ii) one hundred dollars per application for a permit for a major
18 project associated with a single family dwelling or multiple family
19 dwelling and customary appurtenances thereto;
20 (iii) two hundred dollars per application for a permit for all other
21 major projects.
22 (b) All persons required to obtain a permit from the department pursu-
23 ant to section 25-0402 of this chapter shall submit to the department an
24 application fee in an amount not to exceed the following:
25 (i) two hundred dollars per application for a permit for a minor
26 project or modification to an existing permit;
27 (ii) nine hundred dollars per application for a permit for a major
28 project.
29 (c) All fees collected pursuant to this subdivision shall be deposited
30 into the conservation fund pursuant to section eighty-three of the state
31 finance law.
32 § 15. Section 71-2303 of the environmental conservation law, as
33 amended by chapter 654 of the laws of 1977, is amended to read as
34 follows:
35 § 71-2303. Violation; penalties.
36 1. Administrative sanctions. Any person who violates, disobeys, or
37 disregards any provision of article twenty-four, including title five
38 [and section 24-0507 thereof] of said article, or any rule or regu-
39 lation, local law or ordinance, or permit or order issued pursuant ther-
40 eto, shall be liable to the people of the state for a civil penalty [of]
41 not to exceed [three] ten thousand dollars for every such violation, to
42 be assessed, after a hearing or opportunity to be heard upon due notice
43 and with the rights to specification of the charges and representation
44 by counsel at such hearing, by the [commissioner] department or local
45 government. Such penalty may be recovered in an action brought by the
46 attorney general at the request and in the name of the [commissioner]
47 department or local government in any court of competent jurisdiction.
48 Such civil penalty may be released or compromised by the [commissioner]
49 department or local government before the matter has been referred to
50 the attorney general; and where such matter has been referred to the
51 attorney general, any such penalty may be released or compromised and
52 any action commenced to recover the same may be settled and discontinued
53 by the attorney general with the consent of the [commissioner] depart-
54 ment or local government. In addition, the [commissioner] department or
55 local government shall have power, following a hearing held in conform-
56 ance with the procedures set forth in section 71-1709 of this [chapter]
S. 6459 56 A. 9559
1 article, to direct the violator to cease [his] violation of the act and
2 to restore the affected freshwater wetland and its regulated adjacent
3 area to its condition prior to the violation, insofar as that is possi-
4 ble within a reasonable time and under the supervision of the [commis-
5 sioner] department or local government. Any such order of the [commis-
6 sioner] department or local government shall be enforceable in an action
7 brought by the attorney general at the request and in the name of the
8 [commissioner] department or local government in any court of competent
9 jurisdiction. Any civil penalty or order issued by the [commissioner]
10 department or local government pursuant to this subdivision shall be
11 reviewable in a proceeding pursuant to article seventy-eight of the
12 civil practice law and rules.
13 2. Criminal sanctions. Any person who violates any provision of arti-
14 cle twenty-four of this chapter, including any rule or regulation, local
15 law or ordinance, or permit or order issued pursuant thereto, shall, in
16 addition, for the first offense, be guilty of a violation punishable by
17 a fine of not less than five hundred nor more than [one] five thousand
18 dollars; for a second and each subsequent offense he shall be guilty of
19 a misdemeanor punishable by a fine of not less than one thousand nor
20 more than [two] ten thousand dollars or a term of imprisonment of not
21 less than fifteen days nor more than six months or both. [Instead of]
22 In addition to these punishments, any offender may be [punishable]
23 punished by being ordered by the court to restore the affected freshwa-
24 ter wetland and its regulated adjacent area to its condition prior to
25 the offense, insofar as that is possible. The court shall specify a
26 reasonable time for the completion of such restoration, which shall be
27 effected under the supervision of the [commissioner] department or local
28 government. Each offense shall be a separate and distinct offense and,
29 in the case of a continuing offense, each day's continuance thereof
30 shall be deemed a separate and distinct offense.
31 § 16. Paragraph 1 of subdivision (a) and subdivision (g) of section 83
32 of the state finance law, paragraph 1 of subdivision (a) as amended by
33 chapter 512 of the laws of 1994 and subdivision (g) as added by chapter
34 666 of the laws of 1989, are amended to read as follows:
35 1. The conservation fund shall consist of all moneys belonging to the
36 state received by the department of environmental conservation from the
37 sale of licenses for hunting, for trapping, and for fishing, all moneys
38 received in actions for penalties under articles eleven and thirteen of
39 the environmental conservation law and subdivision two of section
40 71-1929 of the environmental conservation law, or upon the settlement or
41 compromise thereof, all fines for violation of any of the provisions of
42 articles eleven and thirteen of the environmental conservation law, all
43 moneys arising out of the operation of real property under the jurisdic-
44 tion of the division of fish and wildlife in the department of environ-
45 mental conservation heretofore or hereafter acquired by the state of New
46 York, and from any concessions thereon and from any leases thereof,
47 including moneys received from the sale thereof when authorized by law,
48 all moneys received from leases or rentals of shellfish grounds in the
49 marine and coastal district, all moneys from gifts for fish and wildlife
50 management pursuant to section six hundred twenty-five of the tax law,
51 moneys received by the department of environmental conservation from the
52 sale of limited edition prints of fish and wildlife paintings, as
53 authorized by paragraph t of subdivision two of section 3-0301 of the
54 environmental conservation law, all moneys received from the reimburse-
55 ment provided for in paragraph b of subdivision seven of section 8-0109
56 of the environmental conservation law, all moneys received by the
S. 6459 57 A. 9559
1 department from permit fees pursuant to subdivision eight of section
2 70-0117 of the environmental conservation law, and all other moneys
3 arising out of the application of any provisions of articles eleven and
4 thirteen of the environmental conservation law. These moneys, after
5 appropriation by the legislature, and within the amounts set forth and
6 for the several purposes specified, shall be available to the department
7 of environmental conservation for the care, management, protection and
8 enlargement of the fish, game and shell fish resources of the state and
9 for the promotion of public fishing and shooting. In the accomplishment
10 of these objects the moneys made available hereunder shall be devoted to
11 the purchase or acquisition of lands, lands under water, waters, or
12 rights therein as required, to payment for personal service, for mainte-
13 nance and operation, and for new construction and permanent betterments,
14 and to all other proper expenses of the department of environmental
15 conservation in the administration and enforcement of the provisions of
16 articles eleven and thirteen of the environmental conservation law.
17 (g) All moneys, fees, fines and penalties arising out of the adminis-
18 tration and enforcement of the tidal wetlands act (article twenty-five
19 of the environmental conservation law), except permit fees received by
20 the department pursuant to subdivision eight of section 70-0117 of the
21 environmental conservation law, shall be deposited into the marine
22 resources account of the conservation fund.
23 § 17. This act shall take effect on the ninetieth day after it shall
24 have become a law.
25 PART T
26 Section 1. Notwithstanding any other law, rule or regulation to the
27 contrary, expenses of the department of health public service education
28 program incurred pursuant to appropriations from the cable television
29 account of the state miscellaneous special revenue funds shall be deemed
30 expenses of the department of public service.
31 § 2. Expenditures of moneys appropriated in a chapter of the laws of
32 2006 to the department of agriculture and markets from the special
33 revenue funds-other/state operations, miscellaneous special revenue
34 fund-339, public service account for the agricultural business services
35 program shall be subject to the provisions of this section. Notwith-
36 standing any law to the contrary, expenditures from the miscellaneous
37 special revenue fund appropriation, and indirect costs under the comp-
38 troller's statewide cost allocation plan, shall be deemed expenses of
39 the department of public service within the meaning of section 18-a of
40 the public service law and assessed accordingly. Expenditures subject to
41 assessment shall include those for direct and indirect participation in
42 certification proceedings pursuant to article 7 of the public service
43 law.
44 § 3. Expenditures of moneys appropriated in a chapter of the laws of
45 2006 to the department of economic development from the special revenue
46 funds-other/state operations, miscellaneous special revenue fund-339,
47 public service account for the administration program shall be subject
48 to the provisions of this section. Notwithstanding any law to the
49 contrary, expenditures from the miscellaneous special revenue fund
50 appropriations and indirect costs under the comptroller's statewide cost
51 allocation plan, shall be deemed expenses of the department of public
52 service within the meaning of section 18-a of the public service law and
53 assessed accordingly. Expenditures subject to assessment shall include
S. 6459 58 A. 9559
1 those for direct and indirect participation in certification proceedings
2 pursuant to article 7 of the public service law.
3 § 4. Expenditures of moneys appropriated in a chapter of the laws of
4 2006 to the office of parks, recreation and historic preservation from
5 the special revenue funds-other/state operations, miscellaneous special
6 revenue fund-339, public service account under the historic preservation
7 program shall be subject to the provisions of this section. Notwith-
8 standing any law to the contrary, expenditures from the miscellaneous
9 special revenue fund appropriations, and indirect costs under the comp-
10 troller's statewide cost allocation plan, shall be deemed expenses of
11 the department of public service within the meaning of section 18-a of
12 the public service law and assessed accordingly. Expenditures subject to
13 assessment shall include those for direct and indirect participation in
14 certification proceedings pursuant to article 7 of the public service
15 law.
16 § 5. Expenditures of moneys appropriated in a chapter of the laws of
17 2006 to the consumer protection board from the special revenue funds-
18 other/state operations, miscellaneous special revenue fund-339, public
19 service account for the consumer protection program for services and
20 expenses related to consumer protection activities, including travel
21 outside the state, shall be subject to the provisions of this section.
22 Notwithstanding any provision of law to the contrary, such expenditures
23 shall be deemed an expense of the department of public service within
24 the meaning of section 18-a of the public service law.
25 § 6. Expenditures of moneys appropriated in a chapter of the laws of
26 2006 to the department of environmental conservation from the special
27 revenue funds-other/state operations, environmental conservation special
28 revenue fund-301, utility environmental regulation account shall be
29 subject to the provisions of this section. Notwithstanding any law to
30 the contrary, expenditures from the miscellaneous special revenue fund
31 and indirect costs under the comptroller's statewide cost allocation
32 plan, shall be deemed expenses of the department of public service with-
33 in the meaning of section 18-a of the public service law and assessed
34 accordingly. Expenditures subject to assessment shall include those for
35 direct and indirect participation in certification proceedings pursuant
36 to article 7 of the public service law; oil and gas, coal and nuclear
37 regulatory and planning activities; and small hydropower, cogeneration,
38 alternate energy and electric generation facility sitings.
39 § 7. Expenditures of moneys appropriated in a chapter of the laws of
40 2006 to the office of homeland security from the special revenue funds-
41 other/state operations, miscellaneous special revenue fund-339, public
42 service account for the office of cyber security and critical infras-
43 tructure coordination and a review of security measures at power facili-
44 ties shall be subject to the provisions of this section. Notwithstanding
45 any law to the contrary, expenditures from the miscellaneous special
46 revenue fund appropriation, and indirect costs under the comptroller's
47 statewide cost allocation plan, shall be deemed expenses of the depart-
48 ment of public service within the meaning of section 18-a of the public
49 service law and assessed accordingly.
50 § 8. This act shall take effect immediately and shall be deemed to
51 have been in full force and effect on and after April 1, 2006.
52 PART U
53 Section 1. Subdivision 2 of section 14-e of the banking law, as added
54 by chapter 1 of the laws of 1984, is amended to read as follows:
S. 6459 59 A. 9559
1 2. Such applications as the banking board may prescribe under para-
2 graph (a), (b) or (c) of subdivision one of this section shall each be
3 accompanied by an investigation fee [of five thousand dollars] as
4 prescribed pursuant to section eighteen-a of this article.
5 § 1-a. Subdivision 5 of section 17 of the banking law is REPEALED and
6 subdivision 6 is renumbered subdivision 5.
7 § 2. Subdivision 1 of section 17 of the banking law, as amended by
8 chapter 61 of the laws of 1989, is amended and a new subdivision 6 is
9 added to read as follows:
10 1. All expenses, including the compensation of officers and employees
11 of the department, incurred in and about the conduct of the business of
12 the department, except expenses incurred in the liquidation of banking
13 organizations, including compensation of officers and employees engaged
14 primarily in such liquidation, shall be paid out of the state treasury
15 on the certificate of the superintendent upon the audit and warrant of
16 the comptroller. The state treasury shall be reimbursed by payments
17 thereto by the superintendent of fees and assessments collected by him
18 in accordance with this section.
19 6. Fees as such term is used in subdivision one of this section shall
20 mean fees charged and collected pursuant to sections eighteen and eigh-
21 teen-a of this article.
22 § 3. Section 18 of the banking law, as amended by chapter 571 of the
23 laws of 1975, is amended to read as follows:
24 § 18. Fees for copies and certifications. [For] Notwithstanding any
25 provision of this chapter to the contrary, for every copy of any paper
26 filed in the department and for the certification thereof, [except where
27 such copy or certification is made for the benefit of a banking organ-
28 ization, licensed lender, licensed sales finance company, licensed cash-
29 er of checks, licensed insurance premium finance agency, licensed trans-
30 mitter of money or foreign corporation licensed by the superintendent to
31 do business in this state, the department] the superintendent may charge
32 such [amount] amounts by regulation as the superintendent [shall], in
33 his or her discretion, [determine] determines to be fair and reasonable.
34 § 4. The banking law is amended by adding a new section 18-a to read
35 as follows:
36 § 18-a. Applications and investigation fees. 1. For any person or
37 entity making any application required to be initially licensed, regis-
38 tered, or incorporated or otherwise formed pursuant to this chapter,
39 including any application required to obtain a change of control, or to
40 merge with or purchase any assets of any person or entity currently
41 licensed, registered, or incorporated or otherwise formed pursuant to
42 this chapter, or for any similar application required that necessitates
43 that the superintendent determine the character or fitness and/or the
44 financial safety and soundness of such applicant, the investigation fee
45 for any such application shall be:
46 (a)(i) for a banking organization or bank holding company, twenty-five
47 thousand dollars ($25,000), other than an application related to a merg-
48 er or purchase involving more than two entities;
49 (ii) for an application related to a merger or purchase involving more
50 than two entities, forty thousand dollars ($40,000);
51 (b) for a foreign bank, ten thousand dollars ($10,000);
52 (c)(i) for any other person or entity, other than an application
53 related to a mortgage broker registration, five thousand dollars
54 ($5,000);
55 (ii) for an application related to a mortgage broker registration,
56 three thousand dollars ($3,000).
S. 6459 60 A. 9559
1 2. For any person or entity licensed, registered, or incorporated or
2 otherwise formed pursuant to this chapter making any application
3 required to change the name of the applicant, open branches or offices
4 or additional locations, or relocate an existing branch, office, or
5 location, or for any similar application required that does not necessi-
6 tate that the superintendent determine the character or fitness and/or
7 the financial safety and soundness of such applicant, the investigation
8 fee for any such application shall be:
9 (a) for banking organizations, foreign banks and bank holding compa-
10 nies, seven hundred and fifty dollars ($750);
11 (b)(i) for any other person or entity, other than an application
12 related to an additional location or re-location of a licensed casher of
13 checks, five hundred dollars ($500);
14 (ii) for an application related to an additional location or re-loca-
15 tion of a licensed casher of checks, three thousand dollars ($3,000).
16 3. The superintendent may waive or modify the amount of a fee to be
17 charged pursuant to this section if the superintendent determines, in
18 his or her sole discretion, that the charging and payment of such fee
19 would impose an economic hardship upon the applicant or the amount of
20 such fee is excessive with respect to the expenses incurred by the
21 department to investigate such application.
22 § 5. The second undesignated paragraph of section 23 of the banking
23 law, as amended by chapter 509 of the laws of 1977, is amended to read
24 as follows:
25 At the time of submission of the certificate and accompanying docu-
26 ments an investigation fee [of two thousand five hundred dollars] as
27 prescribed pursuant to section eighteen-a of this article shall be paid
28 to the superintendent, to be retained by him or her if the certificate
29 and accompanying documents are filed. If the certificate and accompany-
30 ing documents are not filed because of defects therein, the investi-
31 gation fee is to be returned with such papers to the persons from whom
32 they were received. [No investigation fee shall be required on the
33 submission of an organization certificate for a credit union nor on the
34 filing of a verified certificate pursuant to section one hundred sixty
35 of this chapter by the continuing, surviving or successor partner or
36 partners of a private banker for an authorization certificate to engage
37 in business as a private banker.]
38 § 6. Section 28-a of the banking law, as amended by chapter 611 of the
39 laws of 1976, is amended to read as follows:
40 § 28-a. Temporary change of location; approval or refusal; certif-
41 icate. Notwithstanding any provisions of law limiting the number of
42 offices which may be maintained thereby, any banking organization or
43 foreign banking corporation may make a written application to the super-
44 intendent for a temporary change of location of its authorized place or
45 one of its authorized places of business or a portion thereof to another
46 place within the state which shall be as near as practicable to such
47 authorized place of business. At the time of making the application an
48 investigation fee [of one hundred fifty dollars] as prescribed pursuant
49 to section eighteen-a of this article shall be paid to the superinten-
50 dent for each temporary location for which leave to open is sought,
51 except where (1) the applicant would not be required to pay an investi-
52 gation fee upon the filing of an application for a change of location
53 under provisions of this chapter other than this section, or (2) said
54 application is necessitated by damage or destruction caused by flood,
55 tidal wave, earthquake, conflagration, tornado, hurricane, cyclone,
56 windstorm or other storm or such other event as shall have been declared
S. 6459 61 A. 9559
1 a catastrophe by the superintendent. If there is no reasonable
2 objection to such change, and if the superintendent finds that such
3 change is necessary or desirable during a period of construction,
4 repair, alteration, improvement, or reconstruction of the previously
5 authorized place of business, he or she shall issue a certificate under
6 his or her hand and the official seal of the department authorizing each
7 such change and specifying (a) the period during which such temporary
8 location may be maintained, (b) the date on or after which such change
9 may be made, and (c) the powers which may be exercised thereat. The
10 superintendent shall cause the original of such certificate to be trans-
11 mitted to the applicant, a copy to be filed in the office of the depart-
12 ment and a copy to be filed in the office of the clerk of the county in
13 which the principal office of the applicant is located. If the super-
14 intendent shall be satisfied in any case that a change is undesirable or
15 inexpedient, he or she shall refuse such application and notify the
16 applicant of his or her determination. A temporary place of business
17 occupied pursuant to the provisions of this section shall be closed as
18 soon as practicable, and in no event later than the date specified in
19 its authorization certificate, unless the superintendent shall have
20 extended such time. The banking organization or corporation shall notify
21 the superintendent in writing prior to such closing as to the date it
22 intends to close the temporary place of business.
23 § 7. Section 29 of the banking law, as added by chapter 360 of the
24 laws of 1984, is amended to read as follows:
25 § 29. Branch offices; public accommodation offices; approval or
26 refusal; certificate; investigation fee. When a banking organization
27 seeks to open a branch office or public accommodation office, it shall
28 submit a written application to the superintendent. The application
29 shall contain such information as the superintendent deems necessary. At
30 the time of making such application, an investigation fee [of six
31 hundred fifty dollars] as prescribed pursuant to section eighteen-a of
32 this article shall be paid to the superintendent for each branch office
33 or public accommodation office for which leave to open is sought. If the
34 superintendent finds that the opening of the branch office or public
35 accommodation office is consistent with the declaration of policy set
36 forth in section ten of this article and that the applicant is in
37 compliance with section twenty-eight-b of this article, he or she shall
38 issue a certificate in triplicate under his or her hand and the official
39 seal of the department authorizing the opening and occupation of such
40 branch office or public accommodation office and specifying the date on
41 or after which and the conditions under which it may be opened and the
42 place where it shall be located. The superintendent shall cause one of
43 such triplicate certificates to be transmitted to the applicant, another
44 to be filed in the office of the department and the third to be filed in
45 the office of the clerk of the county in which the principal office of
46 the applicant is located. If the superintendent shall not find that the
47 opening of the branch or public accommodation office is consistent with
48 the declaration of policy set forth in section ten of this article or
49 that the applicant is in compliance with section twenty-eight-b of this
50 article, he or she shall notify the applicant that the application has
51 been denied.
52 No investigation fee for branch applications shall be collected from
53 applicants if such branch applications are filed in conjunction with
54 proceedings under section one hundred thirty-six, [three hundred
55 twelve,] four hundred ten or subdivision eight of section six hundred
56 five of this chapter.
S. 6459 62 A. 9559
1 A safe deposit company shall [not be required to] pay a fee as
2 prescribed pursuant to section eighteen-a of this article on making an
3 application to open a branch.
4 § 8. Subdivision 9 of section 36 of the banking law, as amended by
5 chapter 684 of the laws of 1938, is amended to read as follows:
6 9. Any individual, partnership, unincorporated association or corpo-
7 ration, or any other entity, which refuses to permit examination or
8 investigation in accordance with the terms of this section shall forfeit
9 to the people of the state [the sum of two hundred dollars] an amount as
10 determined by section forty-four of this chapter for every day such
11 refusal continues.
12 § 9. Subdivision 1, paragraph (b) of subdivision 2, and subdivisions
13 3, 4 and 9 of section 44 of the banking law, subdivision 1 as amended by
14 chapter 3 of the laws of 1997, paragraph (a) of subdivision 1, paragraph
15 (b) of subdivision 2 and subdivisions 3 and 4 as amended and subdivision
16 9 as added by chapter 356 of the laws of 2004, are amended to read as
17 follows:
18 1. (a) Without limiting any power granted to the superintendent under
19 any other provision of this chapter, the superintendent may, in a
20 proceeding after notice and a hearing, require any safe deposit company,
21 licensed lender, licensed casher of checks, licensed sales finance
22 company, licensed insurance premium finance agency, licensed transmitter
23 of money, [foreign banking corporation licensed to maintain a represen-
24 tative office in this state,] licensed mortgage banker, registered mort-
25 gage broker, or licensed budget planner to pay to the people of this
26 state a penalty for any violation of this chapter, any regulation
27 promulgated thereunder, any final or temporary order issued pursuant to
28 section thirty-nine of this article, any condition imposed in writing by
29 the superintendent or banking board in connection with the grant of any
30 application or request, or any written agreement entered into with the
31 superintendent.
32 (b) The penalty for each violation prescribed in paragraph (a) of this
33 subdivision shall [be] not [more than] exceed five thousand dollars for
34 each day during which such violation, [provided that the aggregate
35 penalty for all offenses in any one proceeding shall not exceed fifteen
36 thousand dollars] continues.
37 (c) Notwithstanding paragraph (b) of this subdivision, if the super-
38 intendent determines (i) that any such licensee, registrant or safe
39 deposit company has committed a violation as described in paragraph (a)
40 of this subdivision, or has recklessly engaged in any unsafe and unsound
41 practice and (ii) that such violation or practice is part of a pattern
42 of misconduct, results or is likely to result in more than minimal loss
43 to such licensee, registrant or safe deposit company, or results in
44 pecuniary gain or other benefit to such licensee, registrant or safe
45 deposit company, then the penalty shall not exceed twenty-five thousand
46 dollars for each day during which such violation or practice continues.
47 (d) Notwithstanding paragraphs (b) or (c) of this subdivision, if the
48 superintendent determines (i) that any such licensee, registrant or safe
49 deposit company has knowingly and willfully committed any violation as
50 described in paragraph (a) of this subdivision, or has knowingly and
51 willfully engaged in any unsafe and unsound practice, or (ii) that any
52 licensee, registrant or safe deposit company has committed any violation
53 described in paragraph (a) of this subdivision which substantially
54 undermines public confidence in any such licensee, registrant or safe
55 deposit company or in such licensees, registrants or safe deposit compa-
56 nies generally, and, in either case, (iii) that such licensee, regis-
S. 6459 63 A. 9559
1 trant or safe deposit company has knowingly or recklessly incurred so
2 substantial a loss as a result of such violation or practice as to
3 threaten the safety and soundness of such licensee, registrant or safe
4 deposit company, then the penalty shall not exceed one million dollars
5 for each day such violation continues.
6 (e) The superintendent, in determining the amount of any penalty
7 assessed pursuant to this subdivision, shall take into consideration the
8 net worth and annual business volume of such licensees, registrants or
9 safe deposit companies.
10 (b) The penalty for each violation prescribed in paragraph (a) of this
11 subdivision shall [be] not [more than] exceed five thousand dollars for
12 each day during which such violation continues.
13 3. Notwithstanding paragraph (b) of subdivision two of this section,
14 if the superintendent determines: (a) that any banking organization,
15 bank holding company, or foreign bank licensee has committed any
16 violation described in subdivision two of this section or has recklessly
17 engaged in any unsafe [or] and unsound practice, and
18 (b) that such violation or practice is part of a pattern of miscon-
19 duct, results or is likely to result in more than minimal loss to the
20 banking organization, bank holding company, or foreign bank licensee, or
21 results in pecuniary gain or other benefit to the banking organization,
22 bank holding company, or foreign bank licensee, then the penalty shall
23 [be] not [more than] exceed twenty-five thousand dollars for each day
24 during which such violation or practice continues.
25 4. Notwithstanding paragraph (b) of subdivision two and subdivision
26 three of this section, if the superintendent determines: (a) (i) that
27 any banking organization, bank holding company, or foreign bank licensee
28 has knowingly and willfully committed any violation described in subdi-
29 vision two of this section or has knowingly and willfully engaged in any
30 unsafe [or] and unsound practice, or (ii) that any banking organization,
31 bank holding company, or foreign bank licensee has committed any
32 violation described in subdivision two of this section which substan-
33 tially undermines public confidence in any such banking organization,
34 bank holding company, or foreign bank licensee or in banking organiza-
35 tions, bank holding companies, or foreign bank licensees generally, and,
36 in either case, (b) that the banking organization, bank holding company,
37 or foreign bank licensee has knowingly or recklessly incurred so
38 substantial a loss as a result of such violation or practice as to
39 threaten the safety and soundness of such banking organization, bank
40 holding company, or foreign bank licensee, then the penalty shall [be]
41 not [more than] exceed the lesser of (i) [two hundred fifty thousand]
42 one million dollars or (ii) one percent of the total assets of such
43 banking organization, or one percent of the total assets of the banking
44 subsidiaries, as such term is defined pursuant to section one hundred
45 forty-one of this chapter, of such bank holding company, or one percent
46 of the total assets in this state of such foreign bank licensee, as
47 applicable, for each day during which such violation or practice contin-
48 ues.
49 9. As used in this section, "bank holding company" [means a company,
50 as defined in subdivision two of section one hundred forty-one of this
51 chapter, which (a) owns or controls directly or indirectly more than ten
52 percent of the voting stock of or (b) controls in any manner the
53 election of a majority of the directors of, one or more banking organ-
54 izations] means any company which (a) directly or indirectly, or through
55 a subsidiary or subsidiaries, owns, controls, or holds with power to
56 vote (i) more than ten per centum of the voting stock of a company which
S. 6459 64 A. 9559
1 is or becomes a bank holding company by virtue of article three-a of
2 this chapter, or (ii) ten per centum or more of the voting stock of a
3 banking institution, or (iii) if such company is a banking institution,
4 more than ten per centum of the voting stock of any one banking institu-
5 tion, or (b) controls in any manner the election of a majority of the
6 directors of (i) a banking institution, (ii) a company which is or
7 becomes a bank holding company by virtue of article three-a of this
8 chapter, or (iii) if such company is a banking institution, another
9 banking institution, or (c) is a company, if such company is not a bank-
10 ing institution, for the benefit of whose stockholders or members ten
11 per centum or more of the voting stock of a banking institution or of a
12 company which is or becomes a bank holding company by virtue of article
13 three-a of this chapter is held, directly or indirectly, by a trustee or
14 trustees, or (d) is a company for the benefit of whose stockholders or
15 members, if such company is a banking institution, ten per centum or
16 more of the voting stock of any other banking institution, or ten per
17 centum or more of the voting stock of any company which is or becomes a
18 bank holding company by virtue of article three-a of this chapter, is
19 hereafter acquired and held by a trustee or trustees, or (e) through a
20 combination of (i) ownership, control or holding, directly or indirect-
21 ly, of voting stock and (ii) voting stock hereinafter acquired and held,
22 directly or indirectly, by a trustee or trustees for the benefit of the
23 members or stockholders of such company, if such voting stock is voting
24 stock of one or more banking institutions or of one of more companies
25 which are or become bank holding companies by virtue of article three-a
26 of this chapter, as the case may be, is a company which would be a bank
27 holding company if the aggregate of such voting stock were either
28 entirely owned, controlled or held, directly or indirectly, by such
29 company or entirely held, directly or indirectly, by a trustee or trus-
30 tees for the benefit of the members or stockholders of such company.
31 Notwithstanding the foregoing, no company shall be a bank holding compa-
32 ny by virtue of its ownership or control of stock in a fiduciary capaci-
33 ty, except where such stock is held for the benefit of the stockholders
34 or members of such company, nor shall any company formed and operated
35 for the sole purpose of participating in a proxy solicitation be a bank
36 holding company by virtue of its control of voting rights of stock in
37 any banking institution or bank holding company acquired in the course
38 of such solicitation.
39 § 10. The banking law is amended by adding a new section 44-a to read
40 as follows:
41 § 44-a. Violations and penalties; failure to make reports. Notwith-
42 standing any other provision of this chapter to the contrary:
43 1. any person or entity licensed, registered, or incorporated or other-
44 wise formed pursuant to this chapter, or an out-of-state state bank,
45 that inadvertently or unintentionally: (a) fails to make any report
46 required by the superintendent pursuant to this chapter, on or before
47 the day designated for the making thereof; (b) fails to include within
48 such report any prescribed matter; or (c) submits false or misleading
49 information therein, shall, after notice and hearing, forfeit to the
50 people of the state not more than two thousand dollars for each day
51 during which such report or omitted matter is delayed or withheld or
52 such false or misleading information is not corrected, unless the time
53 therefor shall have been extended by the superintendent, for good cause
54 shown, in his or her sole discretion;
55 2. notwithstanding the provisions of subdivision one of this section,
56 any person or entity licensed, registered, or incorporated or otherwise
S. 6459 65 A. 9559
1 formed pursuant to this chapter, or an out-of-state state bank, that
2 demonstrates by any pattern of behavior or other action that any of its
3 failures as described in subdivision one of this section were not inad-
4 vertent or unintentional shall, after notice and hearing, forfeit to the
5 people of the state not more than twenty thousand dollars for each day
6 during which such failures continue;
7 3. notwithstanding the provisions of subdivision one or two of this
8 section, any person or entity licensed, registered, or incorporated or
9 otherwise formed pursuant to this chapter that demonstrates that any of
10 its failures as described in subdivision one of this section constitutes
11 a pattern of behavior or other action performed knowingly and with reck-
12 less disregard shall, after notice and hearing, forfeit to the people of
13 the state not more than one million dollars or in the case of a banking
14 organization, foreign bank licensee or an out-of-state state bank, the
15 lesser of one million dollars or one percent of the total assets of such
16 banking organization or one percent of the total assets in this state of
17 such foreign bank licensee, as applicable for each day that its failures
18 continue.
19 With respect to any amount assessed pursuant to this section against
20 any person or entity licensed or registered pursuant to this chapter,
21 but not with respect to a banking organization, foreign bank licensee or
22 out-of-state state bank, the superintendent in determining such amount,
23 shall take into consideration the net worth and annual business volume
24 of such licensed or registered person or entity.
25 § 11. Subdivisions 1 and 2 of section 75-j of the banking law, as
26 added by chapter 9 of the laws of 1996, are amended to read as follows:
27 1. Any banking institution found to be in violation of any provision
28 of section seventy-five-c of this article shall correct the violation
29 within ten business days after such finding. Where a banking institution
30 fails to correct said violation within such period of time, the super-
31 intendent may in a proceeding after notice and a hearing, require any
32 banking institution to pay a civil penalty [in a sum not to exceed two
33 thousand five hundred dollars for each and every offense] as determined
34 pursuant to section forty-four of this chapter, provided, however, that
35 the aggregate penalty for all offenses with respect to any one automated
36 teller machine facility in any one proceeding shall not exceed [ten
37 thousand dollars] an amount equal to four times such penalty. For the
38 purposes of this article, each violation of section seventy-five-c of
39 this article shall be considered a separate and distinct violation.
40 2. Any banking institution found to be in violation of the provisions
41 of section seventy-five-g of this article shall be liable for a civil
42 penalty of not more than [one thousand dollars] an amount as determined
43 pursuant to section forty-four-a of this chapter for each automated
44 teller machine facility for which a report has not been filed. Any bank-
45 ing institution which makes a material false statement or material omis-
46 sion in any report filed pursuant to section seventy-five-g of this
47 article shall be liable for a civil penalty of not more than [five thou-
48 sand dollars] an amount equal to four times such penalty for each such
49 report.
50 § 12. Subdivision 5 of section 104 of the banking law, as amended by
51 chapter 619 of the laws of 1937, the first sentence as amended by chap-
52 ter 684 of the laws of 1938, and such subdivision as renumbered by chap-
53 ter 246 of the laws of 1970, is amended to read as follows:
54 5. Every bank and every trust company shall conform its methods of
55 keeping its books and records to such orders in respect thereto as shall
56 have been made and promulgated by the superintendent pursuant to article
S. 6459 66 A. 9559
1 two of this chapter. Any bank or trust company that refuses or neglects
2 to obey such order shall be subject to a penalty [of one hundred
3 dollars] in an amount as determined pursuant to section forty-four of
4 this chapter for each day it so refuses or neglects.
5 § 13. The opening paragraph of section 113 of the banking law, as
6 amended by chapter 256 of the laws of 1986, is amended to read as
7 follows:
8 Any bank or trust company may make a written application to the super-
9 intendent, such application to be accompanied by an investigation fee
10 [of four hundred fifty dollars] as prescribed pursuant to section eigh-
11 teen-a of this chapter, for leave to change its place or one of its
12 places of business to another place in the state or for leave to change
13 the designation of its principal office to a branch office and to change
14 the designation of one of its branch offices to its principal office.
15 The application shall state the reasons for such proposed change.
16 § 14. Subdivision 3 of section 125 of the banking law, as amended by
17 chapter 360 of the laws of 1984, is amended to read as follows:
18 3. If any bank or trust company shall fail to make any report required
19 by or pursuant to this section, on or before the day designated for the
20 making thereof, or shall fail to include therein any prescribed matter,
21 such bank or trust company shall forfeit to the people of the state [the
22 sum of one hundred dollars] an amount as determined pursuant to section
23 forty-four-a of this chapter for every day that such report shall be
24 delayed or withheld, and for every day that it shall fail to report any
25 such omitted matter, unless the time therefor shall have been extended
26 by the superintendent as provided in article two of this chapter.
27 § 15. Subdivision 5 of section 131 of the banking law, as amended by
28 chapter 619 of the laws of 1937, is amended to read as follows:
29 5. Every person, and every corporation, director, agent, officer or
30 member thereof, who shall violate any provision of this section, direct-
31 ly or indirectly or assent to such violation, shall forfeit [one thou-
32 sand dollars] an amount as determined pursuant to section forty-four of
33 this chapter to the people of the state.
34 § 16. Subdivision 5 of section 136 of the banking law, as amended by
35 chapter 509 of the laws of 1977, is amended to read as follows:
36 5. With the written plan of conversion submitted under subdivision two
37 hereof, there shall be paid to the superintendent an investigation fee
38 [of two hundred fifty dollars] as prescribed pursuant to section eigh-
39 teen-a of this chapter; provided, however, that no investigation fee
40 shall be payable under this subdivision with respect to a merger to
41 which subdivision two of section one hundred thirty-six-b of this [chap-
42 ter] article is applicable, and with the written plan of merger submit-
43 ted under subdivision three hereof there shall be paid to the super-
44 intendent an investigation fee [of three thousand dollars] as prescribed
45 pursuant to section eighteen-a of this chapter.
46 § 17. The closing paragraph of subdivision 2 of section 136-a of the
47 banking law, as amended by chapter 509 of the laws of 1977, is amended
48 to read as follows:
49 At the time of submission for action by the superintendent of the
50 written plan of acquisition of assets, an investigation fee [of three
51 thousand dollars] as prescribed pursuant to section eighteen-a of this
52 chapter shall be paid to the superintendent; provided, however, that no
53 investigation fee shall be payable under this subdivision with respect
54 to an acquisition to which subdivision two of section one hundred thir-
55 ty-six-b of this [chapter] article is applicable.
S. 6459 67 A. 9559
1 § 18. Subdivision 1 of section 142 of the banking law, as amended by
2 chapter 1 of the laws of 1984, is amended to read as follows:
3 1. It shall be unlawful except with the prior approval of the banking
4 board by a three-fifths vote of all the members thereof (a) for any
5 action to be taken that causes any company to become a bank holding
6 company; (b) for any action to be taken that causes a banking institu-
7 tion to become, or to be merged or consolidated with, a subsidiary of a
8 bank holding company; (c) for any bank holding company, or for any trus-
9 tee or trustees acting for the benefit of the stockholders or members of
10 any bank holding company, to acquire direct or indirect ownership or
11 control of any voting stock of any banking institution if, after such
12 acquisition, such company or such trustee or trustees or both will
13 directly or indirectly own, control or hold more than five per centum of
14 the voting stock of such banking institution; (d) for any bank holding
15 company or subsidiary thereof to acquire all or substantially all of the
16 assets of a banking institution; or (e) for any bank holding company to
17 merge or consolidate with another bank holding company. For the purposes
18 of this section, the term "bank holding company" shall be deemed to
19 include any successor thereof. Any company desiring to take any action
20 requiring approval under this subdivision [one] shall submit an applica-
21 tion therefor, in writing, to the superintendent and pay to the super-
22 intendent an investigation fee [of five thousand dollars] as prescribed
23 pursuant to section eighteen-a of this chapter to the superintendent. If
24 such action includes the acquisition of all the capital stock of one or
25 more corporations organized under or subject to the provisions of arti-
26 cle three, six or ten of this chapter, there shall be submitted in
27 duplicate together with such application a written plan of acquisition
28 of such stock in a form satisfactory to the superintendent and contain-
29 ing the information required by subdivision one of section one hundred
30 forty-three-a of this [chapter] article and a certificate which complies
31 with the provisions of subdivision two of said section one hundred
32 forty-three-a. Upon receipt of such application, the superintendent
33 shall post notice of the receipt thereof upon the bulletin board of the
34 banking department. The superintendent shall submit such application
35 together with his or her recommendations in regard thereto and all
36 papers, correspondence and other information in his or her possession
37 and relating thereto, to the banking board which shall by order grant or
38 deny the application and shall state the reasons for such grant or
39 denial. An order granting such application may be made only by three-
40 fifths vote of all the members thereof. An order shall be issued within
41 one hundred twenty days after the date of the submission of the applica-
42 tion to the superintendent and a copy thereof shall be posted upon the
43 bulletin board of the banking department. In determining whether or not
44 to approve any such application, the banking board shall take into
45 consideration (i) the declaration of policy contained in section ten of
46 [the] this chapter, (ii) whether the effect of such action shall be
47 either to result in the formation of a bank holding company or to expand
48 the size or extent of the resulting or acquiring bank holding company
49 beyond limits consistent with adequate or sound banking and the preser-
50 vation thereof, or result in a concentration of assets beyond limits
51 consistent with effective competition, (iii) whether such formation,
52 merger, consolidation or acquisition may result in such a lessening of
53 competition as to be injurious to the interest of the public or tend
54 toward monopoly, and (iv) primarily, the public interest and the needs
55 and convenience thereof.
S. 6459 68 A. 9559
1 § 19. The closing paragraph of subdivision 1 of section 143-a of the
2 banking law, as amended by chapter 1 of the laws of 1984, is amended to
3 read as follows:
4 At the time of submission to the superintendent of the written plan of
5 acquisition of stock, an investigation fee [of two thousand five hundred
6 dollars] as prescribed pursuant to section eighteen-a of this chapter
7 shall be paid to the superintendent; provided, however, that if the plan
8 of acquisition has been submitted in connection with an application
9 submitted by the company pursuant to section one hundred forty-two of
10 this [chapter] article, no investigation fee shall be payable pursuant
11 to this section.
12 § 20. Subdivision 2 of section 143-b of the banking law, as amended by
13 chapter 638 of the laws of 1981, is amended to read as follows:
14 2. A company desiring to acquire control of a banking institution may
15 file application therefor, in writing, with the superintendent and pay
16 an investigation fee [of five thousand dollars] as prescribed pursuant
17 to section eighteen-a of this chapter to the superintendent[; provided,
18 however, that where the banking institution to be acquired shall have
19 capital stock, surplus and undivided profits not in excess of fifteen
20 million dollars, the investigation fee shall be one thousand dollars].
21 The application shall contain such information as the superintendent or
22 banking board, by rule or regulation, may prescribe as necessary or
23 appropriate for the purpose of making the determination required by
24 subdivision three of this section.
25 § 21. Subdivision 2 of section 175 of the banking law, as amended by
26 chapter 547 of the laws of 1938, is amended to read as follows:
27 2. Every private banker shall conform his or her methods of keeping
28 his or her books and records to such orders in respect thereto as shall
29 have been made and promulgated by the superintendent pursuant to article
30 two of this chapter. Any private banker who refuses or neglects to obey
31 any such order shall be subject to a penalty of [one hundred dollars] an
32 amount as determined pursuant to section forty-four of this chapter for
33 each day that such refusal or neglect continues.
34 § 22. The closing paragraph of section 176 of the banking law, as
35 amended by chapter 547 of the laws of 1938, is amended to read as
36 follows:
37 If any private banker shall fail to make any report required by this
38 section on or before the date designated for the making thereof or shall
39 fail to include therein any prescribed matter, such private banker shall
40 forfeit to the people of the state [the sum of one hundred dollars] an
41 amount as determined pursuant to section forty-four-a of this chapter
42 for every day that such report shall be delayed or withheld and for
43 every day that he or she shall fail to report any such omitted matter,
44 unless the time therefor shall have been extended by the superintendent,
45 as provided in article two of this chapter.
46 § 23. The closing paragraph of section 201 of the banking law, as
47 amended by chapter 288 of the laws of 1987, is amended to read as
48 follows:
49 At the time such application certificate is submitted to the super-
50 intendent, such corporation shall also submit a duly exemplified or
51 otherwise authenticated copy of its charter and a verified or otherwise
52 authenticated copy of its by-laws, or an equivalent thereof satisfactory
53 to the superintendent, and pay an investigation fee as prescribed pursu-
54 ant to section eighteen-a of this chapter to be collected by the super-
55 intendent [in the sum of two thousand dollars].
S. 6459 69 A. 9559
1 § 24. Subdivision 1 of section 203 of the banking law, as amended by
2 chapter 509 of the laws of 1977, is amended to read as follows:
3 1. To change its place of business from the place designated in its
4 license to another place in this state. An application for such change
5 shall be accompanied by an investigation fee [of four hundred fifty
6 dollars] as prescribed pursuant to section eighteen-a of this chapter.
7 § 25. Section 221-c of the banking law, as amended by chapter 281 of
8 the laws of 1992, is amended to read as follows:
9 § 221-c. Application for license; fees. The application for such
10 license shall be in writing under oath and shall contain the information
11 required by and be in the form prescribed by the superintendent. As part
12 of the application, the foreign banking corporation shall appoint the
13 superintendent or his or her successor as agent for service of process
14 in connection with any action or proceeding against the foreign banking
15 corporation relating to any cause of action which may arise out of a
16 transaction with its representative office, with the same force and
17 effect as if it were a domestic corporation and had been lawfully served
18 with process in this state. At the time of making such application, the
19 applicant shall pay to the superintendent [as] an investigation fee [the
20 sum of two hundred fifty dollars] as prescribed pursuant to section
21 eighteen-a of this chapter.
22 § 26. Subdivision 1 of section 224 of the banking law, as amended by
23 chapter 9 of the laws of 1996, is amended to read as follows:
24 1. Subject to the provisions of this article, an out-of-state state
25 bank which maintains one or more branches in this state may open and
26 occupy one or more additional de novo branches in this state with prior
27 approval of the superintendent. An application for approval submitted
28 pursuant to this section shall contain such information as the super-
29 intendent deems necessary. At the time of making such application, an
30 investigation fee [of six hundred fifty dollars] as prescribed pursuant
31 to section eighteen-a of this chapter shall be paid to the superinten-
32 dent for each branch office for which approval is sought. If the super-
33 intendent finds that the opening of the branch office is not consistent
34 with the declaration of policy set forth in section ten of this chapter,
35 he or she shall notify the applicant that the application has been
36 denied.
37 § 27. Section 241 of the banking law, as amended by chapter 308 of the
38 laws of 1986, is amended to read as follows:
39 § 241. Change of location; change of designation of principal office.
40 Any savings bank may make a written application to the superintendent,
41 such application to be accompanied by an investigation fee [of four
42 hundred fifty dollars] as prescribed pursuant to section eighteen-a of
43 this chapter, for leave to change its place or one of its places of
44 business to another place in the state or for leave to change the desig-
45 nation of its principal office to a branch office and to change the
46 designation of one of its branch offices to its principal office. This
47 application shall state the reasons for such proposed change. Such
48 change may be made upon the written approval of the superintendent. If
49 the superintendent shall grant his or her certificate authorizing the
50 change of location, as provided in article two of this chapter, the
51 savings bank may, upon or after the day specified in the certificate,
52 remove its property and effects to the location designated therein.
53 § 28. Subdivision 3 of section 255 of the banking law, as added by
54 chapter 352 of the laws of 1938, is amended to read as follows:
55 3. If a savings bank shall fail to make any report required by or
56 pursuant to this section, on or before the day designated for the making
S. 6459 70 A. 9559
1 thereof, or shall fail to include therein any information required by
2 the superintendent to be included, such savings bank shall forfeit to
3 the people of the state [the sum of twenty-five dollars] an amount as
4 determined pursuant to section forty-four-a of this chapter for every
5 day that such report shall be delayed or withheld, and for every day
6 that it shall fail to report any such omitted information, unless the
7 time therefor shall have been extended by the superintendent as provided
8 in this chapter.
9 § 29. Section 320 of the banking law, as amended by chapter 684 of the
10 laws of 1938, is amended to read as follows:
11 § 320. Books and records. Every safe deposit company shall conform its
12 methods of keeping its books and records to such orders in respect ther-
13 eto as shall have been made and promulgated by the superintendent pursu-
14 ant to the provisions of article two of this chapter. Any safe deposit
15 company that refuses or neglects to obey such order shall be subject to
16 a penalty of [one hundred dollars] an amount as determined pursuant to
17 section forty-four of this chapter for each day it so refuses or
18 neglects.
19 § 30. Paragraph (a) of subdivision 2 of section 324 of the banking
20 law, as added by chapter 495 of the laws of 1982, is amended to read as
21 follows:
22 (a) A company which seeks to acquire control of a safe deposit company
23 subject to the provisions of this article shall file a written applica-
24 tion therefor with the superintendent and pay an investigation fee [of
25 one thousand dollars] as prescribed pursuant to section eighteen-a of
26 this chapter to the superintendent. The application shall be in such
27 form and shall contain such information as the superintendent may
28 require.
29 § 31. The closing paragraph of section 329 of the banking law, as
30 amended by chapter 845 of the laws of 1965, is amended to read as
31 follows:
32 If any safe deposit company shall fail to make any report required by
33 this section on or before the day designated for the making thereof, or
34 shall fail to include therein any matter required by the superintendent,
35 it shall forfeit to the people of the state [the sum of ten dollars] an
36 amount as determined pursuant to section forty-four-a of this chapter
37 for every day that such report shall be delayed or withheld, and for
38 every day that it shall fail to report any such omitted matter, unless
39 the time therefor shall have been extended by the superintendent as
40 provided in article two of this chapter.
41 § 32. Subdivisions 2 and 6 of section 341 of the banking law, as added
42 by chapter 494 of the laws of 1998, are amended to read as follows:
43 2. An application for a master license shall be in writing, under
44 oath, and in the form prescribed by the superintendent and shall contain
45 such information as the superintendent may require by regulations. The
46 application shall set forth all of the locations at which the applicant
47 seeks to conduct business hereunder. At the time of making the applica-
48 tion for a master license, the applicant shall pay to the superintendent
49 [the sum of one thousand dollars] a fee as prescribed pursuant to
50 section eighteen-a of this chapter for each proposed location [as a fee]
51 for investigating the application [and in addition to such investigation
52 fee the sum of one thousand dollars as an annual license fee for each
53 master and supplemental license for a period terminating on the last day
54 of the current calendar year; provided, that if the application is filed
55 after June thirtieth in any year such payment shall be five hundred
S. 6459 71 A. 9559
1 dollars as such license fee in addition to the said fee for investi-
2 gation].
3 6. If a person or entity holding a master license seeks to open anoth-
4 er location for the conduct of activities licensable under this article,
5 the licensee shall first submit written notification of this fact to the
6 superintendent. The notification shall contain the address of the new
7 location and the master license number. An investigation fee [of two
8 hundred fifty dollars] as prescribed pursuant to section eighteen-a of
9 this chapter shall be paid for each additional location [together with
10 the annual license fee set forth in subdivision two of this section].
11 Upon receipt of the notification and fees, the superintendent shall
12 issue a temporary supplemental license, valid for a period not exceeding
13 thirty days, pending the final approval of the new location. The super-
14 intendent, in his or her sole discretion, may extend the validity of the
15 temporary supplemental license for additional thirty day periods pending
16 investigation, but such extension shall not exceed a total of sixty
17 days. The temporary supplemental license shall, upon written approval by
18 the superintendent, become permanent after thirty days of issuance, or
19 after the expiration of any extension granted by the superintendent,
20 unless the superintendent finds that the opening of the new location by
21 the licensee is not in the public interest, in which case, the super-
22 intendent shall send a written denial to the licensee. Upon receipt of
23 such written denial, the temporary supplemental license issued to the
24 licensee shall become void and the licensee shall immediately cease all
25 activity licensable under this article at the location set forth on such
26 license. Failure by the superintendent to approve or deny in writing the
27 making permanent of a temporary supplemental license prior to the expi-
28 ration of the initial thirty day period or any extension thereof shall
29 not be deemed an approval. The failure of the superintendent to give
30 written approval or denial of the permanence of the temporary supple-
31 mental license prior to expiration of the initial thirty day period or
32 any extension thereof shall not be deemed to constitute the approval of
33 a permanent supplemental license.
34 § 33. Paragraph (a) of subdivision 3 of section 343 of the banking
35 law, as added by chapter 22 of the laws of 1990, is amended to read as
36 follows:
37 (a) A licensee may change the location of a licensed lender business
38 by giving written notice to the superintendent at least thirty days
39 prior to such change. The licensee shall pay to the superintendent a fee
40 [of one hundred fifty dollars] as prescribed pursuant to section eigh-
41 teen-a of this chapter for each change of location and shall provide any
42 information which may be required regarding the change of location.
43 § 34. The opening paragraph of subdivision 1 of section 344 of the
44 banking law, as amended by chapter 22 of the laws of 1990, is amended to
45 read as follows:
46 Prior to any acquisition, by merger, consolidation, purchase of assets
47 or otherwise, except by purchase of stock, of the assets or business, or
48 a substantial part thereof, of a licensee under this article, the person
49 desirous of continuing to maintain and operate any place of business
50 theretofore maintained and operated by such licensee and each person who
51 controls such person shall file with the superintendent [of banks], for
52 all such places of business, one application, in such form and contain-
53 ing such information, including the information required under section
54 three hundred forty-one of this [chapter] article, as the superintendent
55 may require. At the time of making such application, the applicants
56 shall pay to the superintendent [the sum of two hundred fifty dollars,
S. 6459 72 A. 9559
1 as] a processing fee, as prescribed pursuant to section eighteen-a of
2 this chapter if the person desirous of continuing to maintain and oper-
3 ate such places of business is already licensed under this article, or
4 [the sum of one thousand dollars], if such person is not so licensed,
5 [as] an investigation fee as prescribed pursuant to section eighteen-a
6 of this chapter. If such person is licensed, the superintendent shall
7 amend the license accordingly within thirty days if it is found that the
8 acquisition is in accordance with the purposes of this article. If such
9 person is not licensed, the superintendent shall determine whether the
10 financial responsibility, experience, character, and general fitness of
11 the applicants, and of the members thereof if any applicant be a part-
12 nership or association, and of the officers, directors and controlling
13 stockholders thereof if any applicant be a corporation, are such as to
14 command the confidence of the community and to warrant belief that the
15 business will be operated honestly, fairly, and efficiently within the
16 purpose of this article and the superintendent shall approve or deny
17 such application within ninety days of the filing thereof. If the super-
18 intendent disapproves such application, or, if no such application has
19 been made, the license for each such place of business shall become null
20 and void and the applicants or licensee, whoever has possession of each
21 such license, shall forthwith surrender the license theretofore in
22 effect to the superintendent. If the superintendent approves such appli-
23 cation, the person being acquired shall surrender to the superintendent
24 the license theretofore in effect for each such place of business and
25 the superintendent shall issue and transmit one copy of a new license to
26 maintain and operate each such place of business to the person desirous
27 of continuing to maintain and operate such place of business and file
28 another copy in the [office of the banking] department.
29 § 35. The second undesignated paragraph of subdivision 2 of section
30 344 of the banking law, as amended by chapter 22 of the laws of 1990, is
31 amended to read as follows:
32 Each such legal representative shall promptly following his or her
33 appointment file with the superintendent a certificate or duly certified
34 copy of an order of the court to evidence his authority to acquire the
35 assets of the licensee and to maintain and operate the business thereof.
36 If a legal representative desires to continue to maintain and operate
37 any place of business theretofore maintained and operated by the licen-
38 see he or she shall, prior to the expiration of such six month period or
39 any extension thereof prescribed by the superintendent, file an applica-
40 tion pursuant to this section and comply with all of the provisions of
41 this chapter. The investigation fee payable upon filing such applica-
42 tion shall be [one thousand dollars] as prescribed pursuant to section
43 eighteen-a of this chapter.
44 § 36. The opening paragraph of subdivision 1 of section 345 of the
45 banking law, as amended by chapter 22 of the laws of 1990, is amended to
46 read as follows:
47 Prior to the acquisition of control of a licensee under this article
48 by means of the acquisition of the capital stock or equity interests in
49 such licensee or in any person who directly or indirectly controls such
50 licensee, the person desirous of acquiring such capital stock or other
51 equity interests shall make written application to the superintendent.
52 Such application shall be in such form and shall contain such informa-
53 tion, including the information required under section three hundred
54 forty-one of this [chapter] article, as the superintendent may require
55 and such applicant, at the time of making such application if not
56 licensed, shall pay to the superintendent [the sum of one thousand
S. 6459 73 A. 9559
1 dollars as] an investigation fee as prescribed pursuant to section eigh-
2 teen-a of this chapter. If such licensee is licensed, upon payment of a
3 processing fee [of two hundred fifty dollars] as prescribed pursuant to
4 section eighteen-a of this chapter, the superintendent shall approve the
5 acquisition if it is found that such acquisition is in accordance with
6 the purposes of this article. If such person is not licensed, the super-
7 intendent shall determine whether the financial responsibility, experi-
8 ence, character, and general fitness of the applicant, and of the
9 members thereof if the applicant be a partnership or association, and of
10 the officers, directors and controlling stockholders thereof if the
11 applicant be a corporation, are such as to command the confidence of the
12 community and to warrant belief that the business will be operated
13 honestly, fairly, and efficiently within the purpose of this article.
14 Unless the superintendent shall have denied such application in writing
15 within ninety days of the filing thereof, such application shall be
16 deemed approved. If no such application has been made, the license for
17 each place of business maintained and operated by the licensee shall, at
18 the discretion of the superintendent, become null and void and each such
19 license shall be surrendered to the superintendent. In addition, the
20 superintendent may, in a proceeding after notice and a hearing, require
21 any person who has failed to make application pursuant to this subdivi-
22 sion to pay the people of this state a penalty in [a sum not exceeding
23 one hundred dollars] an amount as determined pursuant to section forty-
24 four of this chapter for each day of said violation[; provided, however,
25 that the aggregate penalty against any person with respect to any licen-
26 see shall not exceed fifteen thousand dollars].
27 § 37. Subdivision 3 of section 367 of the banking law, as amended by
28 chapter 676 of the laws of 1971, is amended to read as follows:
29 3. Such applicant at the time of making such application shall pay to
30 the superintendent [the sum of two hundred fifty dollars as] a fee as
31 prescribed pursuant to section eighteen-a of this chapter for investi-
32 gating the application [and the additional sum of three hundred fifty
33 dollars as a license fee for a period terminating on the last day of the
34 current calendar year except that in the event the business is to be
35 conducted from a mobile unit, the fee for investigating the application
36 shall be two hundred fifty dollars, and the license fee shall be four
37 hundred dollars; provided, that if the application is filed after June
38 thirtieth in any year such payment shall be one-half of the stated
39 license fee in addition to the said fee for investigation. Every licen-
40 see shall, on or before the fifteenth day of December, each year, pay to
41 the superintendent of banks an annual license fee of three hundred fifty
42 dollars, or if the business is conducted from a mobile unit four hundred
43 dollars, for the next succeeding calendar year]. Any licensee requesting
44 a change of address, shall at the time of making such request, pay to
45 the superintendent [the sum of one hundred dollars as] a fee as
46 prescribed pursuant to section eighteen-a of this chapter for investi-
47 gating the new address; provided, however, that the superintendent may,
48 in his or her discretion, waive such investigation fee if warranted.
49 § 38. Subdivision 2 of section 370 of the banking law, as amended by
50 chapter 233 of the laws of 2005, is amended to read as follows:
51 2. Any licensed casher of checks may open and maintain, within this
52 state, one or more limited stations for the purpose of cashing checks,
53 drafts or money orders for the particular group or groups specified in
54 the license authorizing each such station. Such stations shall be
55 licensed pursuant to and be subject to all the provisions of this chap-
56 ter applicable to licensed cashers of checks, except that (a) such
S. 6459 74 A. 9559
1 station shall not be subject to the distance limitation set forth in
2 subdivision one of section three hundred sixty-nine of this article, (b)
3 the fee for investigating the application for a station shall be [ten
4 dollars and the annual license fee for each such station shall be twenty
5 dollars] as prescribed pursuant to section eighteen-a of this chapter,
6 and (c) where such a station is at the premises of a specified employer
7 for the purpose of cashing checks, drafts and money orders for the
8 employees of such employer, the fees and charges for cashing such
9 checks, drafts or money orders shall not be subject to the limitations
10 of subdivision one of section three hundred seventy-two of this article
11 if such fees and charges are paid by such employer.
12 § 39. Subdivision 1 of section 370-a of the banking law, as added by
13 chapter 142 of the laws of 1992, is amended to read as follows:
14 1. It shall be unlawful except with the prior approval of the super-
15 intendent for any action to be taken which results in a change of
16 control of the business of a licensee. Prior to any change of control,
17 the person desirous of acquiring control of the business of a licensee
18 shall make written application to the superintendent and pay an investi-
19 gation fee [of two hundred fifty dollars] as prescribed pursuant to
20 section eighteen-a of this chapter to the superintendent. The applica-
21 tion shall contain such information as the superintendent, by rule or
22 regulation, may prescribe as necessary or appropriate for the purpose of
23 making the determination required by subdivision two of this section.
24 § 40. Subdivision 1 of section 396 of the banking law, as amended by
25 chapter 349 of the laws of 1986, is amended to read as follows:
26 1. Any savings and loan association may make a written application to
27 the superintendent, such application to be accompanied by an investi-
28 gation fee [of four hundred fifty dollars] as prescribed pursuant to
29 section eighteen-a of this chapter, for leave to change its place or one
30 of its places of business to another place in the state or for leave to
31 change the designation of its principal office to a branch office and to
32 change the designation of one of its branch offices to its principal
33 office. The application shall state the reasons for such proposed
34 change. Such change may be made upon the written approval of the super-
35 intendent. If the superintendent shall grant his or her certificate
36 authorizing the change of location, the association may, upon or after
37 the day specified in the certificate, remove its property and effects to
38 the location designated therein.
39 § 41. Subdivision 3 of section 404 of the banking law, as amended by
40 chapter 341 of the laws of 1939, is amended to read as follows:
41 3. If any such association shall fail to make any report required by
42 or pursuant to this section on or before the day designated for the
43 making thereof, or shall fail to include therein any information
44 required by the superintendent to be included, such association shall
45 forfeit to the people of the state [the sum of ten dollars] an amount as
46 determined pursuant to section forty-four-a of this chapter for every
47 day that such report shall be delayed or withheld, and for every day
48 that it shall fail to report any such omitted information, unless the
49 time therefor shall have been extended by the superintendent.
50 § 42. Subdivision 3 of section 482 of the banking law, as added by
51 chapter 608 of the laws of 1996, is amended to read as follows:
52 3. If any credit union shall fail to make any report required by this
53 section on or before the day designated for the making thereof, or shall
54 fail to include therein any information required by the superintendent
55 to be included, such credit union shall forfeit to the people of the
56 state [the sum of five dollars] an amount as determined pursuant to
S. 6459 75 A. 9559
1 section forty-four-a of this chapter for every day that such report
2 shall be delayed or withheld, and for every day that it shall fail to
3 report any such omitted information, unless the time therefor shall have
4 been extended by the superintendent.
5 § 43. Paragraphs (b) and (c) of subdivision 4 of section 492 of the
6 banking law, as amended by chapter 676 of the laws of 1971, are amended
7 to read as follows:
8 (b) [The license fee for each calendar year or part thereof shall be
9 three hundred dollars for each place of business, payable on or before
10 the fifteenth day of December for the next succeeding calendar year,
11 except that if a license is issued after June thirtieth in any year such
12 fee shall be one hundred fifty dollars for that year.
13 (c)] The investigation fee, when required by this section, shall be
14 [one hundred fifty dollars] as prescribed pursuant to section eighteen-a
15 of this chapter, except that, when an applicant files applications for
16 licenses for three or more places of business at the same time, the
17 total investigation fee for all the applications shall be [four hundred
18 fifty dollars] three times the amount as prescribed pursuant to section
19 eighteen-a of this chapter.
20 § 44. Subdivision 1 of section 492-a of the banking law, as added by
21 chapter 142 of the laws of 1992, is amended to read as follows:
22 1. It shall be unlawful except with the prior approval of the super-
23 intendent for any action to be taken which results in a change of
24 control of the business of a licensee. Prior to any change of control,
25 the person desirous of acquiring control of the business of a licensee
26 shall make written application to the superintendent and pay an investi-
27 gation fee [of one hundred fifty dollars] as prescribed pursuant to
28 section eighteen-a of this chapter to the superintendent. The applica-
29 tion shall contain such information as the superintendent, by rule or
30 regulation, may prescribe as necessary or appropriate for the purpose of
31 making the determination required by subdivision two of this section.
32 § 45. The opening paragraph of section 511 of the banking law, as
33 amended by chapter 509 of the laws of 1977, is amended to read as
34 follows:
35 Any investment company may make a written application to the super-
36 intendent, such application to be accompanied by an investigation fee
37 [of four hundred fifty dollars] as prescribed pursuant to section eigh-
38 teen-a of this chapter, for leave to change its place or one of its
39 places of business to another place or for leave to change the desig-
40 nation of its principal office to a branch office and to change the
41 designation of one of its branch offices to its principal office. The
42 application shall state the reasons for such proposed change, and shall
43 be accompanied by a copy of a resolution authorizing the making of the
44 application, certified by a principal officer of the investment company
45 to have been adopted by vote of a majority of its entire board of direc-
46 tors. If the proposed place of business is within the limits of the
47 village, borough or city, if in a city not divided into boroughs, in
48 which the place of business sought to be changed is located, such change
49 may be made upon the written approval of the superintendent; if beyond
50 such limits, notice of intention to make such application, signed by a
51 principal officer of the corporation, shall be published once a week for
52 two successive weeks in a newspaper to be designated by the superinten-
53 dent for the purpose, in accordance with the provisions of article two
54 of this chapter. If the superintendent shall grant his or her certif-
55 icate authorizing the change of location, as provided in article two of
56 this chapter, the investment company may, upon or after the day speci-
S. 6459 76 A. 9559
1 fied in the certificate, remove its property and effects to the location
2 designated therein.
3 § 46. The opening paragraph of subdivision 1 and the second undesig-
4 nated paragraph of subdivision 2 of section 519 of the banking law, as
5 added by chapter 287 of the laws of 1977, are amended to read as
6 follows:
7 Subject to such regulations as the superintendent may prescribe, prior
8 to the acquisition of control of an investment company by means of the
9 acquisition of the capital stock or equity interests in such investment
10 company or in any company which directly or indirectly controls such
11 investment company, the acquiring company shall make written application
12 to the superintendent for permission to acquire such control. Such
13 application shall be in such form and shall contain such information as
14 the superintendent may require and such applicant, at the time of making
15 such application, shall pay to the superintendent [the sum of one thou-
16 sand dollars as] an investigation fee as prescribed pursuant to section
17 eighteen-a of this chapter.
18 At the time of submission to the superintendent of the written plan of
19 acquisition of stock, an investigation fee [of one thousand dollars] as
20 prescribed pursuant to section eighteen-a of this chapter shall be paid
21 to the superintendent.
22 § 47. Subdivision 4 of section 555 of the banking law, as added by
23 chapter 488 of the laws of 1960, paragraphs (a) and (b) as amended by
24 chapter 676 of the laws of 1971, is amended to read as follows:
25 4. At the time of filing an application for a license, the applicant
26 shall pay to the superintendent [the license fee and, upon original
27 application or upon application subsequent to denial of application, or
28 revocation, suspension or surrender of a license,] an investigation fee.
29 [(a) The license fee for each calendar year or part thereof shall be
30 three hundred dollars for each office where the business of a premium
31 finance agency is conducted, payable on or before the fifteenth day of
32 December for the next succeeding year, except that if the license is
33 issued after June thirtieth in any year such fee shall be one hundred
34 fifty dollars for that year.
35 (b)] The investigation fee, when required by this section, shall be
36 [one hundred fifty dollars] as prescribed pursuant to section eighteen-a
37 of this chapter, except that, when an applicant files applications for
38 licenses for three or more offices at the same time, the total investi-
39 gation fee for all the applications shall be [four hundred fifty
40 dollars] three times the amount prescribed pursuant to section eigh-
41 teen-a of this chapter.
42 § 48. Subdivision 1 of section 555-a of the banking law, as added by
43 chapter 142 of the laws of 1992, is amended to read as follows:
44 1. It shall be unlawful except with the prior approval of the super-
45 intendent for any action to be taken which results in a change of
46 control of the business of a licensee. Prior to any change of control,
47 the person desirous of acquiring control of the business of a licensee
48 shall make written application to the superintendent and pay an investi-
49 gation fee [of one hundred fifty dollars] as prescribed pursuant to
50 section eighteen-a of this chapter to the superintendent. The applica-
51 tion shall contain such information as the superintendent, by rule or
52 regulation, may prescribe as necessary or appropriate for the purpose of
53 making the determination required by subdivision two of this section.
54 § 49. Subdivision 1 of section 566 of the banking law, as added by
55 chapter 488 of the laws of 1960, is amended to read as follows:
S. 6459 77 A. 9559
1 1. An insurance agent or broker may be licensed as a premium finance
2 agency in accordance with this article. [However, if the application for
3 a license states that the aggregate unpaid balances of all premium
4 finance agreements to be held by the insurance agent or broker will not
5 exceed fifteen thousand dollars at any one time, exclusive of any premi-
6 um finance agreement reacquired by the agent or broker from a premium
7 finance agency under an agreement, entered into as an incident to the
8 bona fide sale or pledge thereof to the premium finance agency, to reac-
9 quire it in case of default by the insured, the license fee for each
10 calendar year or part thereof shall not exceed twenty dollars for each
11 licensed office and no investigation fee shall be required.]
12 § 50. Subdivision 3 of section 580 of the banking law, as added by
13 chapter 448 of the laws of 1975, is amended to read as follows:
14 3. Upon original application for a license or licenses to operate one
15 or more places of business, the applicant shall pay an investigation fee
16 in [the] an aggregate amount [of one hundred dollars] as prescribed
17 pursuant to section eighteen-a of this chapter. No additional investi-
18 gation fee shall be required for any subsequent application for a
19 license unless such application is subsequent to a denial of a license
20 or to a revocation, suspension or surrender of a license.
21 § 51. Subdivision 1 of section 583-a of the banking law, as added by
22 chapter 142 of the laws of 1992, is amended to read as follows:
23 1. It shall be unlawful except with the prior approval of the super-
24 intendent for any action to be taken which results in a change of
25 control of the business of a licensee. Prior to any change of control,
26 the person desirous of acquiring control of the business of a licensee
27 shall make written application to the superintendent and pay an investi-
28 gation fee [of one hundred dollars] as prescribed pursuant to section
29 eighteen-a of this chapter to the superintendent. The application shall
30 contain such information as the superintendent, by rule or regulation,
31 may prescribe as necessary or appropriate for the purpose of making the
32 determination required by subdivision two of this section.
33 § 52. Subdivisions 2 and 3 of section 591 of the banking law, as added
34 by chapter 571 of the laws of 1986, are amended to read as follows:
35 2. An application shall be accompanied by an investigation fee as
36 prescribed pursuant to section eighteen-a of this chapter payable to the
37 superintendent [of one thousand dollars].
38 3. A licensee may apply for authority to open and maintain a branch
39 office by giving the superintendent prior notice of its intention in
40 such form as shall be prescribed by the superintendent. Unless the
41 superintendent denies the application within thirty days of publication
42 of notice of receipt of a completed application, the licensee shall be
43 permitted to open and maintain such branch office. An application to
44 open and maintain a branch office shall be accompanied by an investi-
45 gation fee [of five hundred dollars] as prescribed pursuant to section
46 eighteen-a of this chapter.
47 § 53. Subdivisions 1 and 2 of section 591-a of the banking law, subdi-
48 vision 1 as amended by chapter 164 of the laws of 2003 and subdivision 2
49 as amended by chapter 293 of the laws of 1987, are amended to read as
50 follows:
51 1. An application to become registered as a mortgage broker shall be
52 in writing, under oath, in such form as shall be prescribed by the
53 superintendent, and shall be accompanied by the fingerprints of the
54 applicant. Such fingerprints shall be submitted to the division of crim-
55 inal justice services for a state criminal history record check, as
56 defined in subdivision one of section three thousand thirty-five of the
S. 6459 78 A. 9559
1 education law, and may be submitted to the federal bureau of investi-
2 gation for a national criminal history record check. Such application
3 shall contain the name and complete business and residential address or
4 addresses of the applicant, or if the applicant is a partnership, asso-
5 ciation, corporation or other form of business organization, the names
6 and complete business and residential addresses of each member, director
7 and principal officer thereof. Such application shall also include an
8 affirmation of financial solvency noting such capitalization require-
9 ments as may be required by the superintendent, and such descriptions of
10 the business activities, financial responsibility, educational back-
11 ground and general character and fitness of the applicant as may be
12 required by the superintendent. Such application shall be accompanied by
13 an investigation fee payable to the superintendent [of five hundred
14 dollars] as prescribed pursuant to section eighteen-a of this chapter.
15 2. A registrant may apply for authority to open and maintain a branch
16 office by giving the superintendent prior notice of its intention in
17 such form as shall be prescribed by the superintendent. Unless the
18 superintendent denies the application within thirty days of publication
19 of notice of receipt of a completed application, the registrant shall be
20 permitted to open and maintain such branch office. An application to
21 open and maintain a branch office shall be accompanied by an investi-
22 gation fee [of two hundred fifty dollars] as prescribed pursuant to
23 section eighteen-a of this chapter.
24 § 54. Subdivision 1 of section 592-a of the banking law, as amended by
25 chapter 400 of the laws of 1993, is amended to read as follows:
26 1. Upon the filing of an application for registration, if the super-
27 intendent shall find that the financial responsibility, experience,
28 character, and general fitness of the applicant, and of the members
29 thereof if the applicant is a co-partnership or association, and of the
30 officers and directors thereof if the applicant is a corporation, are
31 such as to command the confidence of the community and to warrant belief
32 that the business will be operated honestly, fairly, and efficiently
33 within the purpose of this article, the superintendent shall thereupon
34 register the applicant as a mortgage broker on a roll maintained for
35 that purpose at the banking department, and issue a certificate attest-
36 ing to such registration in duplicate. If the superintendent shall not
37 so find, the superintendent shall not register such applicant, and shall
38 notify the applicant of the denial. The superintendent shall transmit
39 one copy of such certificate to the applicant and file another in the
40 office of the banking department. Upon receipt of such certificate a
41 mortgage broker shall be authorized to engage in the business of plac-
42 ing, processing and negotiating mortgage loans. Such registration shall
43 remain in full force and effect until it is surrendered by the licensee
44 or revoked or suspended as hereinafter provided, except that such regis-
45 tration, notwithstanding any provisions of subdivision six of section
46 seventeen of this chapter to the contrary, shall expire upon the regis-
47 trant's failure to pay the required [registration fees for the next
48 succeeding year under section five hundred ninety-four-a of this article
49 by January fifteenth of such year] assessment charged pursuant to such
50 section seventeen upon the date or dates such payment or payments are
51 due. Such registration shall be reinstated if the registrant pays such
52 [registration fee] assessment charged and any applicable late fees or
53 interest within sixty days of such expiration. The superintendent shall
54 approve or deny every application for registration hereunder within
55 ninety days from the filing of a complete application provided, however,
S. 6459 79 A. 9559
1 that failure to act within the prescribed period shall not be deemed
2 approval of any such application.
3 § 55. Section 594-a of the banking law is REPEALED.
4 § 56. Subdivision 1 of section 594-b of the banking law, as added by
5 chapter 142 of the laws of 1992, is amended to read as follows:
6 1. It shall be unlawful except with the prior approval of the super-
7 intendent for any action to be taken which results in a change of
8 control of the business of a licensee or registrant. Prior to any change
9 of control, the person desirous of acquiring control of the business of
10 a licensee or registrant shall make written application to the super-
11 intendent and pay an investigation fee [of one thousand dollars] as
12 prescribed pursuant to section eighteen-a of this chapter to the super-
13 intendent. The application shall contain such information as the super-
14 intendent, by rule or regulation, may prescribe as necessary or appro-
15 priate for the purpose of making the determination required by
16 subdivision two of this section. This information shall include but not
17 be limited to the information and other material required for a licensee
18 by subdivision one of section five hundred ninety-one of this article or
19 required for a registrant by subdivision one of section five hundred
20 ninety-one-a of this article.
21 § 57. Subdivision 1 of section 598 of the banking law, as added by
22 chapter 571 of the laws of 1986, is amended to read as follows:
23 1. In addition to such penalties as may otherwise be applicable by
24 law, the superintendent may, after notice and hearing as provided else-
25 where in this article, require any entity, licensee, registrant or
26 exempt organization found violating the provisions of this article or
27 the rules or regulations promulgated hereunder to pay to the people of
28 this state an additional penalty for each violation of the article or
29 any regulation or policy promulgated hereunder a sum not to exceed [five
30 thousand dollars] an amount as prescribed pursuant to section forty-four
31 of this chapter for each such violation[, provided however, that the
32 aggregate penalty assessed in any one proceeding shall not exceed one
33 hundred thousand dollars].
34 § 58. The closing paragraph of subdivision 1 of section 601 of the
35 banking law, as amended by chapter 638 of the laws of 1981, is amended
36 to read as follows:
37 At the time of submission for action by the superintendent of the
38 written plan of merger, an investigation fee [of three thousand dollars]
39 as prescribed pursuant to section eighteen-a of this chapter shall be
40 paid to the superintendent[, except by corporations subject to article
41 eleven of this chapter]; provided, however, that no investigation fee
42 shall be payable under this subdivision with respect to a merger to
43 which subdivision two of section six hundred one-b of this [chapter]
44 article is applicable.
45 § 59. The closing paragraph of subdivision 2 of section 601-a of the
46 banking law, as amended by chapter 509 of the laws of 1977, is amended
47 to read as follows:
48 At the time of submission for action by the superintendent of the
49 written plan of acquisition of assets, an investigation fee [of three
50 thousand dollars] as prescribed pursuant to section eighteen-a of this
51 chapter shall be paid to the superintendent; provided, however, that no
52 investigation fee shall be payable under this subdivision with respect
53 to an acquisition to which subdivision two of section six hundred one-b
54 of this [chapter] article is applicable.
55 § 60. Subdivision 8 of section 605 of the banking law, as amended by
56 chapter 567 of the laws of 2000, is amended to read as follows:
S. 6459 80 A. 9559
1 8. Unless the banking board by a three-fifths vote of all its members
2 shall otherwise provide, any corporate banking organization that, pursu-
3 ant to an agreement, sells or conveys more than fifty per centum of its
4 assets without the written approval of the superintendent shall take the
5 proceedings for voluntary dissolution herein prescribed and, within six
6 months from the date of such sale or conveyance, shall file with the
7 superintendent a certified copy of the closing order in the form
8 prescribed by subdivision four of this section. The corporate banking
9 organization, upon making written application to the superintendent for
10 approval of the sale or conveyance of more than fifty per centum of its
11 assets, shall pay an investigation fee [of two hundred fifty dollars] as
12 prescribed pursuant to section eighteen-a of this chapter. If a closing
13 order is required to be filed pursuant to this subdivision and such
14 order is not filed within the time prescribed, the superintendent shall
15 have the power, in his or her discretion, to take possession of the
16 business and property of such corporation and proceed with the liqui-
17 dation thereof under the provisions of this article.
18 § 61. Subdivision 3 of section 641 of the banking law, as amended by
19 chapter 360 of the laws of 1984, is amended to read as follows:
20 3. Application for a license shall be accompanied by an investigation
21 fee [of one thousand dollars] as prescribed pursuant to section eigh-
22 teen-a of this chapter, which shall not be refunded[, and an annual
23 license fee of five hundred dollars].
24 § 62. Subdivision 3 of section 642 of the banking law, as amended by
25 chapter 455 of the laws of 1993, is amended to read as follows:
26 3. A license issued pursuant to this article shall remain in full
27 force and effect until it is surrendered by the licensee or revoked or
28 suspended as provided in this article. [Every licensee shall, on or
29 before the fifteenth day of June of each year, pay to the superintendent
30 an annual license fee of five hundred dollars for the next succeeding
31 year. If the licensee fails to pay the required license fee pursuant to
32 this subdivision by the thirtieth day of June, then the licensee shall
33 be required to pay a late fee in the amount of one hundred dollars.]
34 § 63. Subdivision 3 of section 650 of the banking law, as added by
35 chapter 201 of the laws of 1969 and as renumbered by chapter 374 of the
36 laws of 1979, is amended to read as follows:
37 3. Any licensee who fails to make any report required by the super-
38 intendent pursuant to this article, on or before the day designated for
39 the making thereof, or fails to include therein any prescribed matter,
40 shall forfeit to the people of the state [the sum of one hundred
41 dollars] an amount as determined pursuant to section forty-four-a of
42 this chapter for every day that such report shall be delayed or with-
43 held, and for every day that it shall fail to report any such omitted
44 matter, unless the superintendent shall, in his or her sole discretion,
45 for good cause shown, reduce the amount to be forfeited, or unless the
46 time therefor shall have been extended by the superintendent, as
47 provided in [paragraph three] subdivision four of this section.
48 § 64. Subdivision 1 of section 652-a of the banking law, as added by
49 chapter 374 of the laws of 1979, is amended to read as follows:
50 1. It shall be unlawful except with the prior approval of the super-
51 intendent for any action to be taken which results in a change of
52 control of the business of a licensee. Prior to any change of control,
53 the person desirous of acquiring control of the business of a licensee
54 shall make written application to the superintendent and pay an investi-
55 gation fee [of one thousand dollars] as prescribed pursuant to section
56 eighteen-a of this chapter to the superintendent. The application shall
S. 6459 81 A. 9559
1 contain such information as the superintendent, by rule or regulation,
2 may prescribe as necessary or appropriate for the purpose of making the
3 determination required by subdivision two of this section.
4 § 65. This act shall take effect immediately.
5 PART V
6 Section 1. Section 2 of chapter 279 of the laws of 1998, amending the
7 transportation law relating to enabling the commissioner of transporta-
8 tion to establish a single audit pilot program, as amended by chapter
9 100 of the laws of 1999, is amended to read as follows:
10 § 2. This act shall take effect on December 31, 1998, except that the
11 commissioner of transportation is immediately authorized to promulgate
12 rules and regulations necessary for the implementation of this act [and
13 shall expire December 31, 2006 when upon such date the provisions of
14 this act shall be deemed repealed].
15 § 2. This act shall take effect immediately.
16 PART W
17 Section 1. Section 214 of the state finance law, as amended by section
18 1 of part L of chapter 84 of the laws of 2002, is amended to read as
19 follows:
20 § 214. Establishment and purpose; linked deposit program authori-
21 zation. The excelsior linked deposit program is hereby created. The
22 purpose of the program is to encourage and assist eligible businesses
23 within the state to undertake eligible projects that will materially
24 contribute to improving their performance and competitiveness. The comp-
25 troller is hereby authorized to use any moneys of the state the comp-
26 troller is authorized to invest pursuant to section ninety-eight-a of
27 this chapter as linked deposits for the program. Not more than [two]
28 three hundred [fifty] ten million dollars of such moneys shall be on
29 deposit pursuant to the program at any given time. The commissioner of
30 taxation and finance is hereby authorized to use funds in the linked
31 deposit program fund established pursuant to section ninety-two-v of
32 this chapter as linked deposits for the program. Not more than one
33 hundred million dollars from the linked deposit program fund shall be on
34 deposit pursuant to the program at any given time.
35 § 2. This act shall take effect immediately and shall be deemed to be
36 in full force and effect on and after April 1, 2006.
37 PART X
38 Section 1. Paragraph 1 of subsection (c) of section 109 of the insur-
39 ance law is amended to read as follows:
40 (1) If the superintendent finds after notice and hearing that any
41 authorized insurer, representative of such insurer, licensed insurance
42 agent, licensed insurance broker or licensed adjuster has wilfully
43 violated the provisions of this chapter, he may order such insurer,
44 representative, agent, broker, or adjuster, as the case may be, to pay
45 to the people of this state a penalty in a sum not exceeding [five
46 hundred] ten thousand dollars for each such offense.
47 § 2. Paragraph 4 of subsection (a) of section 307 of the insurance law
48 is amended to read as follows:
49 (4) Every insurer and every fraternal benefit society which is author-
50 ized to do an insurance business in this state, and every pension fund,
S. 6459 82 A. 9559
1 retirement system or state fund which is required by any law of this
2 state to report to the superintendent, which willfully fails to file an
3 annual statement as required in this section, or willfully fails to
4 reply within thirty days to a written inquiry by the superintendent in
5 connection therewith, shall, in addition to other penalties provided by
6 this chapter, be subject, upon due notice and opportunity to be heard,
7 to a penalty of up to [two] five hundred [fifty] dollars per day of
8 delay, not to exceed [twenty-five] fifty thousand dollars in the aggre-
9 gate, for each such failure.
10 § 3. Subsection (a) of section 308 of the insurance law, as amended by
11 chapter 666 of the laws of 1997, is amended to read as follows:
12 (a) The superintendent may also address to any health maintenance
13 organization or its officers or any authorized insurer or its officers
14 any inquiry in relation to its transactions or condition or any matter
15 connected therewith. Every corporation or person so addressed shall
16 reply in writing to such inquiry promptly and truthfully, and such reply
17 shall be, if required by the superintendent, subscribed by such individ-
18 ual, or by such officer or officers of a corporation, as he shall desig-
19 nate, and affirmed by them as true under the penalties of perjury. In
20 the event any corporation or person does not provide a good faith
21 response to an inquiry from the superintendent pursuant to this section
22 [relating to accident insurance, health insurance, accident and health
23 insurance or health maintenance organization coverage,] within a time
24 period specified by the superintendent of not less than fifteen business
25 days, the superintendent is authorized to levy a civil penalty, after
26 notice and hearing, against such corporation or person not to exceed
27 [five hundred] one thousand dollars per day for each day beyond the date
28 specified by the superintendent for response, but in no event shall such
29 penalty exceed [seven] fifteen thousand [five hundred] dollars.
30 § 4. Section 317 of the insurance law, as amended by chapter 509 of
31 the laws of 1998, is amended to read as follows:
32 § 317. Compliance with reporting requirements of the financial securi-
33 ty act. Insurers licensed to write personal injury liability insurance
34 in connection with the ownership, maintenance or use of motor vehicles,
35 as authorized pursuant to paragraph thirteen of subsection (a) of
36 section one thousand one hundred thirteen of this chapter, shall fully
37 comply with the reporting requirements of article six of the vehicle and
38 traffic law. In the event that an insurer fails to timely and properly
39 report any of the information required by such article or the regu-
40 lations of the commissioner of motor vehicles promulgated thereunder,
41 the superintendent, upon notice and an opportunity to be heard, is
42 authorized to impose a fine on such insurer in an amount not to exceed
43 [five hundred] one thousand dollars for each failure to timely and prop-
44 erly report. In the event of a persistent and willful violation of the
45 reporting requirements, the superintendent, upon notice and an opportu-
46 nity to be heard, is authorized to impose a fine on such insurer, in an
47 amount not to exceed [five] ten thousand dollars per day for each day
48 such violation continues.
49 § 5. Subsections (c), (d) and (e) of section 403 of the insurance law,
50 subsection (c) as amended by chapter 262 of the laws of 1998, subsection
51 (d) as amended and subsection (e) as added by chapter 480 of the laws of
52 1992, and the opening paragraph of subsection (d) as amended by chapter
53 729 of the laws of 1993, are amended to read as follows:
54 (c) In addition to any criminal liability arising under the provisions
55 of this section, the superintendent shall be empowered to levy a civil
56 penalty not exceeding [five] ten thousand dollars and the amount of the
S. 6459 83 A. 9559
1 claim for each violation upon any person, including those persons and
2 their employees licensed pursuant to this chapter, who is found to have:
3 (i) committed a fraudulent insurance act or otherwise violates the
4 provisions of this section; or (ii) knowingly and with intent to defraud
5 files, makes, or assists, solicits or conspires with another to file or
6 make an application for a premium reduction, pursuant to subsection (a)
7 of section two thousand three hundred thirty-six of this chapter,
8 containing any materially false information or which, for the purpose of
9 misleading, conceals information concerning any fact material thereto.
10 (d) All applications for commercial insurance, individual, group or
11 blanket accident and health insurance and all claim forms, except as
12 provided for in subsection (e) of this section, shall contain a notice
13 in a form approved by the superintendent that clearly states in
14 substance the following:
15 "Any person who knowingly and with intent to defraud any insurance
16 company or other person files an application for insurance or statement
17 of claim containing any materially false information, or conceals for
18 the purpose of misleading, information concerning any fact material
19 thereto, commits a fraudulent insurance act, which is a crime, and shall
20 also be subject to a civil penalty not to exceed [five] ten thousand
21 dollars and the stated value of the claim for each such violation."
22 (e) All applications for automobile insurance and all claim forms
23 shall contain a notice, in a form approved by the superintendent, that
24 clearly states in substance the following:
25 "Any person who knowingly makes or knowingly assists, abets, solicits
26 or conspires with another to make a false report of the theft,
27 destruction, damage or conversion of any motor vehicle to a law enforce-
28 ment agency, the department of motor vehicles or an insurance company,
29 commits a fraudulent insurance act, which is a crime, and shall also be
30 subject to a civil penalty not to exceed [five] ten thousand dollars and
31 the value of the subject motor vehicle or stated claim for each
32 violation."
33 § 6. Paragraph 3 of subsection (d) of section 409 of the insurance
34 law, as added by chapter 635 of the laws of 1996, is amended to read as
35 follows:
36 (3) If an insurer fails to submit a final plan within thirty days
37 after a determination of the superintendent after the hearing held
38 pursuant to paragraph two of this subsection, or otherwise fails to
39 submit a plan, or fails to implement the provisions of a plan in a time
40 and manner provided for in such plan, or otherwise refuses to comply
41 with the provisions of this section, the superintendent may: (i) impose
42 a fine of not more than [two] four thousand dollars per day for such
43 failure by an insurer until the superintendent deems the insurer to be
44 in compliance; or (ii) impose upon the insurer a fraud detection and
45 prevention plan deemed to be appropriate by the superintendent which
46 shall be implemented by the insurer; or (iii) impose the provisions of
47 both subparagraphs (i) and (ii) of this paragraph.
48 § 7. Subsection (a) of section 1102 of the insurance law is amended to
49 read as follows:
50 (a) No person, firm, association, corporation or joint-stock company
51 shall do an insurance business in this state unless authorized by a
52 license in force pursuant to the provisions of this chapter, or exempted
53 by the provisions of this chapter from such requirement. Any person,
54 firm, association, corporation or joint-stock company which transacts
55 any insurance business in this state while not authorized to do so by a
56 license issued and in force pursuant to this chapter, or exempted by
S. 6459 84 A. 9559
1 this chapter from the requirement of having such license, shall, in
2 addition to any other penalty provided by law, forfeit to the people of
3 this state the sum of [one] ten thousand dollars for the first violation
4 and [two] twenty-five thousand [five hundred] dollars for each subse-
5 quent violation.
6 § 8. Paragraph 4 of subsection (a) of section 1510 of the insurance
7 law, as amended by chapter 805 of the laws of 1984, is amended to read
8 as follows:
9 (4) direct that, in addition to any other penalty provided by law,
10 such person forfeit to the people of this state a sum not exceeding five
11 [hundred] thousand dollars for a first violation and [two] twenty-five
12 thousand [five hundred] dollars for any subsequent violation. An addi-
13 tional sum not exceeding [two] twenty-five thousand [five hundred]
14 dollars shall be imposed for each month during which any such violation
15 shall continue.
16 § 9. Paragraph 2 of subsection (a) of section 2102 of the insurance
17 law is amended to read as follows:
18 (2) Any person, firm, association or corporation who or which acts as
19 [a reinsurance intermediary] an insurance producer or insurance adjuster
20 in violation of paragraph one hereof shall, in addition to other penal-
21 ties prescribed by law, be subject to a penalty not to exceed [five] ten
22 thousand dollars for each transaction.
23 § 10. Subsection (i) of section 2112 of the insurance law, as added by
24 chapter 687 of the laws of 2003, is amended to read as follows:
25 (i) An insurer, fraternal benefit society or health maintenance organ-
26 ization, authorized representative of an insurer, fraternal benefit
27 society or health maintenance organization or an insurance producer that
28 fails to report as required under the provisions of this section or that
29 is found to have reported fraudulently, in bad faith or through gross
30 negligence by a court of competent jurisdiction may, after notice and
31 hearing, have its license or certificate of authority suspended or
32 revoked and may be fined in accordance with the provisions of this chap-
33 ter, provided, however, that an insurer may be fined up to [five] ten
34 thousand dollars. In the case of a domestic insurer, the provisions of
35 article seventy-four of this chapter shall all also apply.
36 § 11. Subsection (g) of section 2117 of the insurance law is amended
37 to read as follows:
38 (g) Any person, firm, association or corporation violating any
39 provision of this section shall, in addition to any other penalty
40 provided by law, forfeit to the people of the state the sum of [five
41 hundred] ten thousand dollars for the first offense, and an additional
42 sum of [five hundred] ten thousand dollars for each month during which
43 any such person, firm, association or corporation shall continue to act
44 in violation of this section.
45 § 12. Subsection (a) of section 2127 of the insurance law is amended
46 to read as follows:
47 (a) The superintendent, in lieu of revoking or suspending the license
48 of a licensee in accordance with the provisions of this article, may in
49 any one proceeding by order, require the licensee to pay to the people
50 of this state a penalty in a sum not exceeding [five hundred] five thou-
51 sand dollars for each offense, and a penalty in a sum not exceeding
52 [twenty-five hundred] twenty-five thousand dollars in the aggregate for
53 all offenses.
54 § 13. Section 2133 of the insurance law, as amended by chapter 77 of
55 the laws of 1994, is amended to read as follows:
S. 6459 85 A. 9559
1 § 2133. Forged insurance identification cards. Any insurance company,
2 insurance agent, insurance broker or other person who or which,
3 personally or by the action of an employee or agent, possesses, trans-
4 fers or uses a forged insurance identification card for a motor vehicle,
5 having knowledge, personally or through such employee or agent, of the
6 fact that such insurance identification card, when issued, did not actu-
7 ally represent an owner's policy of liability insurance or a financial
8 security bond issued by an insurance company licensed to do business in
9 this state covering the motor vehicle identified on such card, shall be
10 liable for payment to the people of this state of a civil penalty in a
11 sum not exceeding [one] two thousand dollars for the first such
12 violation and a sum not exceeding [five] ten thousand dollars for each
13 subsequent violation. For the purposes of this section the term "forged
14 insurance identification card" means a written insurance identification
15 card which has been falsely made, completed or altered, and the term
16 "falsely made, completed or altered" shall have the same meaning as set
17 forth in section 170.00 of the penal law.
18 § 14. Subsection (c) of section 2320 of the insurance law is amended
19 to read as follows:
20 (c) If the superintendent, after notice and hearing, finds that any
21 insurer, rate service organization or other person has violated the
22 applicable provisions of this article, he shall order the payment of a
23 penalty. The issuance, procurement or negotiation of a single policy of
24 insurance shall be deemed a separate offense. A penalty not to exceed
25 [one] five thousand dollars may be imposed for each such offense. A
26 further penalty not to exceed [two] ten thousand five hundred dollars
27 may be imposed for each offense in which the superintendent finds that
28 there was a knowing violation, provided that a [minumum] minimum penalty
29 of at least [twenty-five] fifty thousand dollars shall be imposed
30 regardless of the number of such knowing offenses.
31 § 15. Subsection (e) of section 2321 of the insurance law is amended
32 to read as follows:
33 (e) Any person, association, corporation or rate service organization
34 wilfully violating the applicable provisions of this article shall, in
35 addition to any other penalty provided by law, be liable to the people
36 of this state for a penalty in an amount not less than [twenty-five] one
37 hundred dollars nor more than [one] five thousand dollars for each
38 offense. If the superintendent finds after notice and hearing, that any
39 authorized insurer, licensed agent or licensed insurance broker has
40 wilfully violated any of the provisions of this article, he may, in lieu
41 of any other penalty provided by law, order the insurer, agent or
42 broker, as the case may be, to pay to the people of this state a penalty
43 in the sum of [one hundred] one thousand dollars, for each offense, and
44 the failure of any such person to pay the penalty within thirty days
45 after the making of the order, unless the order is suspended by a court
46 of competent jurisdiction, shall constitute a violation of the
47 provisions of this chapter. Within the meaning of this subsection, the
48 issuance, procurement or negotiation of each policy of insurance, by an
49 insurer, agent or broker, as the case may be, in willful violation of
50 the provisions of this article shall be deemed a separate offense.
51 § 16. Subsection (f) of section 2324 of the insurance law is amended
52 to read as follows:
53 (f) Any person or corporation violating the provisions of this section
54 shall, in addition to all other penalties provided by law, pay to the
55 people of this state as a penalty the sum of five [hundred] thousand
56 dollars for each such violation.
S. 6459 86 A. 9559
1 § 17. Section 2404 of the insurance law, as amended by chapter 666 of
2 the laws of 1997, is amended to read as follows:
3 § 2404. Power of superintendent. The superintendent is empowered to
4 examine and investigate into the affairs of any person in order to
5 determine whether the person has violated or is violating section two
6 thousand four hundred three of this article. In the event any person
7 does not provide a good faith response to a request for information from
8 the superintendent, within a time period specified by the superintendent
9 of not less than fifteen business days, as part of an examination or
10 investigation initiated by the superintendent pursuant to this section
11 relating to accident insurance, health insurance, accident and health
12 insurance or health maintenance organization coverage, the superinten-
13 dent is authorized, after notice and hearing, to levy a civil penalty
14 against such person in an amount not to exceed [five hundred] one thou-
15 sand dollars per day for each day beyond the date specified by the
16 superintendent for response, but in no event shall such penalty exceed
17 [ten] twenty thousand dollars. In the event the superintendent levies
18 five separate civil penalties against any one person within five years
19 for failure to comply with this section, the superintendent is author-
20 ized, after notice and hearing, to levy an additional civil penalty
21 against such person in an amount not to exceed [fifty] one hundred thou-
22 sand dollars. The superintendent is also authorized to levy additional
23 civil penalties not to exceed [fifty] one hundred thousand dollars,
24 after notice and hearing, against such person for every five subsequent
25 violations of this section within a five year period. Any person
26 licensed pursuant to article twenty-one of this chapter may surrender
27 such license in lieu of payment of any civil penalty imposed by the
28 superintendent pursuant to this section.
29 § 18. Subsection (a) of section 2406 of the insurance law, as amended
30 by chapter 666 of the laws of 1997, is amended to read as follows:
31 (a) If the hearing was on a charge of a defined violation the super-
32 intendent shall make an order on his report and serve a copy of the
33 findings and order upon the person charged with the violation and any
34 intervenor. If the superintendent finds that the person complained of
35 has engaged in a defined violation, the order shall require the person
36 to cease and desist from engaging in such defined violation. Further-
37 more, if the superintendent finds, after notice and hearing, that the
38 person complained of has engaged in an act prohibited by section three
39 thousand two hundred twenty-four-a of this chapter, the superintendent
40 is authorized to levy a civil penalty against such person in an amount
41 up to [five hundred] one thousand dollars per day for each day beyond
42 the date that a bill or claim was to be processed in accordance with
43 section three thousand two hundred twenty-four-a of this chapter, but in
44 no event shall such penalty exceed [five] ten thousand dollars.
45 § 19. Subsection (e) of section 2406 of the insurance law is amended
46 to read as follows:
47 (e) Any person who violates a cease and desist order issued by the
48 superintendent under this section after it has become final, and while
49 it is in effect, shall be liable to the people of this state for a
50 penalty in an amount not to exceed [five] ten thousand dollars for each
51 violation. In determining the amount of the penalty the question of
52 whether the violation was wilful shall be taken into consideration.
53 Nothing herein shall limit a court in enforcing its own orders.
54 § 20. Section 2605 of the insurance law is amended to read as follows:
55 § 2605. Penalty for violating workers' compensation law. The super-
56 intendent may impose a penalty not to exceed [twenty-five hundred] ten
S. 6459 87 A. 9559
1 thousand dollars upon any insurer required to be licensed under the
2 provisions of this chapter, if, after notice to and a hearing of such
3 insurer, he finds it has unreasonably failed to comply with the workers'
4 compensation law.
5 § 21. Subsection (j) of section 2615 of the insurance law, as added by
6 chapter 49 of the laws of 1996, such section as renumbered by chapter
7 246 of the laws of 2005, is amended to read as follows:
8 (j) If the superintendent determines after notice and a hearing that
9 an authorized insurer or a person acting on behalf of an authorized
10 insurer has violated this section, then the superintendent shall levy a
11 fine up to [five] ten thousand dollars. Also, any authorized insurer or
12 person acting on behalf of an authorized insurer who violates the
13 provisions of this section shall be subject to the provisions of article
14 twenty-four of this chapter. Violations of this section shall also be
15 subject to the provisions of section one hundred nine of this chapter,
16 except paragraph one of subsection (c) of such section.
17 § 22. Section 2707 of the insurance law, as added by chapter 259 of
18 the laws of 1998, is amended to read as follows:
19 § 2707. Penalty. In addition to any other penalty prescribed by this
20 article or any other provision of this chapter, any insurer or person
21 who violates the provisions of this article will be subject to a civil
22 penalty of up to [one] two thousand dollars for each day each such
23 violation continues except that, if the superintendent finds that such
24 violation has been willful, such insurer shall be fined an amount that
25 the superintendent deems appropriate based on the degree of willful
26 misconduct and the nature of the violation.
27 § 23. Subsection (k) of section 3216 of the insurance law, as amended
28 by chapter 13 of the laws of 2002, is amended to read as follows:
29 (k) Any person, partnership or corporation willfully violating any
30 provision of this section, regulation or order of the superintendent
31 made in accordance with this section, shall forfeit to the people of the
32 state a sum not to exceed [one hundred] five thousand dollars for each
33 such violation. The superintendent may also suspend or revoke the
34 license of an insurer or agent or broker for any such willful violation.
35 § 24. Subsection (n) of section 3411 of the insurance law is amended
36 to read as follows:
37 (n) If the superintendent, after notice and hearing, finds that any
38 insurer or its authorized representative has violated any provision of
39 this section, he shall order the payment of a penalty, not to exceed
40 [five hundred] five thousand dollars for each such offense. Each issu-
41 ance, procurement or negotiation of a policy of insurance in violation
42 of this section shall be a separate offense.
43 § 25. Subsection (i) of section 3427 of the insurance law, as amended
44 by chapter 111 of the laws of 1995, is amended to read as follows:
45 (i) If a lessor, creditor or assignee charges the lessee or debtor for
46 the waiver of the gap amount, the lessor or creditor, or, in the absence
47 of a waiver by the creditor or lessor, the assignee, as part of the
48 waiver offer, shall provide the lessee or debtor with a notice specify-
49 ing the name of the insurer that has issued the lessor or creditor gap
50 insurance policy, the cost of the lessor or creditor gap insurance
51 coverage, and the charge for the waiver. Any person having been found,
52 after notice and hearing, to have wilfully violated this subsection
53 shall be liable to the people of this state for a civil penalty in a sum
54 not exceeding [five hundred] one thousand dollars for each violation.
S. 6459 88 A. 9559
1 § 26. Subparagraph (B) of paragraph 5 of subsection (f) of section
2 4228 of the insurance law, as added by chapter 616 of the laws of 1997,
3 is amended to read as follows:
4 (B) In addition to the actions set forth in the preceding subpara-
5 graph, and upon finding that a company's actions constitute a willful
6 violation of the provisions of subsection (d) of this section, the
7 superintendent is authorized to impose a fine on the company in an
8 amount not to exceed the lesser of [one] two thousand dollars per
9 violation or three times the amount of any overpayments that are found
10 to constitute a willful violation.
11 § 27. Subsection (b) of section 4241 of the insurance law is amended
12 to read as follows:
13 (b) If the superintendent finds after notice and hearing, that any
14 authorized insurer, representative of such insurer, licensed insurance
15 agent or licensed insurance broker has wilfully violated the provisions
16 of subsection (d) hereof or this article relating to such filings, he
17 may, in lieu of any other penalty provided by law, order such insurer,
18 or person to pay to the people of this state a penalty not exceeding
19 [one] five thousand dollars for each such offense.
20 § 28. Subsection (e) of section 4413 of the insurance law is amended
21 to read as follows:
22 (e) The superintendent may impose a penalty of not to exceed [twenty-
23 five hundred] ten thousand dollars upon any trustee or other officer,
24 agent or employee of any employee welfare fund subject to this article
25 or may remove such trustee, officer, agent or employee from office or
26 employment, or both such penalty and removal, if after notice and a
27 hearing he shall find that he has wilfully failed to comply with the
28 requirements of this article.
29 § 29. Subsection (e) of section 4504 of the insurance law is amended
30 to read as follows:
31 (e) If the superintendent finds after notice and hearing, that any
32 authorized society has wilfully violated any of the foregoing provisions
33 of this section relating to the filing of amendments to its charter,
34 constitution, and by-laws, he may, in lieu of any other penalty provided
35 by law, order such society to pay to the people of this state a penalty
36 in a sum not exceeding [five hundred] ten thousand dollars for each such
37 offense, and failure of any such society to pay such penalty within
38 thirty days after the making of such order, unless such order is
39 suspended by an order of a court of competent jurisdiction, shall
40 constitute a violation of the provisions of this chapter.
41 § 30. Subsection (a) of section 4523 of the insurance law is amended
42 to read as follows:
43 (a) Any person, firm, association or corporation who or which shall
44 solicit a member or members for, or in any way assist in procuring a
45 member or members for, or collect payments or dues for or in connection
46 with the membership of, any fraternal benefit society which is not
47 licensed to do business in this state and which is not exempted under
48 the provisions of section four thousand five hundred twenty-two of this
49 article shall be guilty of a misdemeanor, and in addition, such person,
50 firm, association or corporation shall be liable to a penalty of [one
51 hundred] one thousand dollars for each person so solicited or so
52 procured to become a member in such unauthorized society, and may in
53 addition to either of the foregoing, be enjoined from doing any such
54 unlawful acts, in the manner specified in section three hundred twenty-
55 seven of this chapter.
56 § 31. Section 5224 of the insurance law is amended to read as follows:
S. 6459 89 A. 9559
1 § 5224. Penalty for false statements. Any person and any agent or
2 employee of a person, who knowingly files with the corporation any docu-
3 ment required under this article, which is false or contains any materi-
4 al misstatement of fact shall be guilty of a misdemeanor and upon
5 conviction thereof shall be subject to a fine of not less than [five
6 hundred] one thousand dollars, nor more than [twenty-five hundred] five
7 thousand dollars, or imprisonment for not more than thirty days.
8 § 32. Subsection (d) of section 6409 of the insurance law is amended
9 to read as follows:
10 (d) No title insurance corporation or any other person acting for or
11 on behalf of it, shall make any rebate of any portion of the fee, premi-
12 um or charge made, or pay or give to any applicant for insurance, or to
13 any person, firm, or corporation acting as agent, representative, attor-
14 ney, or employee of the owner, lessee, mortgagee or the prospective
15 owner, lessee, or mortgagee of the real property or any interest there-
16 in, either directly or indirectly, any commission, any part of its fees
17 or charges, or any other consideration or valuable thing, as an induce-
18 ment for, or as compensation for, any title insurance business. Any
19 person or entity who accepts or receives such a commission or rebate
20 shall be subject to a penalty equal to the greater of [one] two thousand
21 dollars or five times the amount thereof.
22 § 33. Subsection (j) of section 6802 of the insurance law is amended
23 to read as follows:
24 (j) Every applicant for any such license shall file with the super-
25 intendent a qualifying bond, approved by the attorney general as to form
26 and by the superintendent as to sufficiency, in a penalty of [five] ten
27 thousand dollars, conditioned upon the faithful performance of the
28 duties of such licensee. No such qualifying bond shall be subject to
29 termination or cancellation by either party in less than sixty days
30 after the giving of written notice to the other party and to the super-
31 intendent. A termination or cancellation shall not affect the liability
32 of the surety or sureties on such bond incurred prior to the effective
33 date of such termination or cancellation. If during the term of such
34 bond such licensee shall be guilty of fraudulent or dishonest conduct or
35 other misconduct or malfeasance in his dealings with any court or magis-
36 trate or with any person or corporation in connection with any deposit
37 or bail bond, the attorney general may maintain an action on such quali-
38 fying bond in the name of the people of this state and either recover
39 the full amount of the penalty or recover for the use and benefit of the
40 person or persons aggrieved, the amount of loss or injury sustained by
41 such person or persons by reason of such misconduct. No such recovery or
42 recoveries shall exceed in the aggregate [five] ten thousand dollars,
43 exclusive of interest and costs.
44 § 34. Subsection (a) of section 7711 of the insurance law, as added by
45 chapter 802 of the laws of 1985, is amended to read as follows:
46 (a) The superintendent may suspend or revoke, after notice and hear-
47 ing, the certificate of authority to transact insurance in this state of
48 any member insurer which fails to pay an assessment when due or fails to
49 comply with the plan of operation. As an alternative the superintendent
50 may levy a penalty to be paid to the people of this state, after notice
51 and hearing, on any member insurer which fails to pay an assessment when
52 due. Such penalty shall not exceed five percent of the unpaid assessment
53 per month, but no penalty shall be less than one [hundred] thousand
54 dollars per month.
55 § 35. Subsection (b) of section 7803 of the insurance law, as added by
56 chapter 638 of the laws of 1993, is amended to read as follows:
S. 6459 90 A. 9559
1 (b) Before the superintendent shall deny a license application or
2 suspend, revoke or refuse to renew the license of a viatical settlement
3 company or broker, the superintendent shall give notice and an opportu-
4 nity to be heard, except that, in cases where in the judgment of the
5 superintendent the public welfare requires it, a license may be
6 suspended for up to ten days prior to a hearing. In lieu of revoking or
7 suspending the license for any of the causes enumerated in this section,
8 the superintendent may, after notice, impose a civil penalty of not more
9 than [five] ten thousand dollars for each violation.
10 § 36. Paragraph 3 of subsection (b) of section 7910 of the insurance
11 law, as added by chapter 614 of the laws of 1997, is amended to read as
12 follows:
13 (3) A person in violation of this article may be subject to a monetary
14 penalty of not more than [five hundred] one thousand dollars per
15 violation. If the violation is not willful, such person may in lieu of
16 paying such monetary penalty, provide restitution to the persons
17 aggrieved by the violation or otherwise remedy the violation within
18 sixty days after becoming aware of the violation.
19 § 37. Subparagraph (A) of paragraph 1 of subsection (b) of section
20 9109 of the insurance law is amended to read as follows:
21 (A) not less than [one] five hundred nor more than [five hundred] five
22 thousand dollars for each and every failure to file a report or state-
23 ment within the time prescribed;
24 § 38. The insurance law is amended by adding a new section 111 to read
25 as follows:
26 § 111. Cease and desist orders. (a)(1) Whenever the superintendent has
27 reason to believe that any person has been engaged or is engaging or is
28 about to engage in any violation of any provision of this chapter, or
29 any regulation promulgated by the superintendent, he or she may issue an
30 order, directed to such person, to discontinue or desist from such
31 violation or threatened violation. The copy of the order forwarded to
32 the person involved shall set forth a statement of the specific charges
33 and the fact that the person may request a hearing within twenty days of
34 the date of mailing. Where a hearing is requested, the superintendent
35 shall set a date for the hearing to be held within thirty days after
36 receipt of the request, and shall give the person involved written
37 notice of the bearing date at least seven days prior thereto. At such
38 hearing, the person requesting the hearing must establish to the satis-
39 faction of the superintendent that such order should not be complied
40 with. The order shall become final twenty days after the date of mailing
41 unless within such twenty day period the person to whom it is directed
42 files with the superintendent a written request for a hearing. To the
43 extent applicable and not inconsistent with the foregoing, the
44 provisions of sections three hundred three, three hundred four, three
45 hundred five and three hundred twenty-six of this chapter shall govern
46 the hearing procedure and any judicial review thereof. Where the hearing
47 has been requested, the superintendent's order shall become final at
48 such time as the right to further hearing or review has expired or been
49 exhausted.
50 (2) No order of the superintendent under this section or order of a
51 court to enforce the same shall in any way relieve or absolve any person
52 affected by such order from any liability under any other laws of this
53 state.
54 (3) The powers vested in the superintendent pursuant to this section
55 are supplementary and not in lieu of any other powers to suspend or
S. 6459 91 A. 9559
1 revoke certificates of authority or licenses or to enforce any penal-
2 ties, fines or forfeitures authorized by law.
3 (b) (1) The superintendent may issue an emergency cease and desist
4 order under this section without prior notice and hearing if the super-
5 intendent finds that a person is engaging in unlicensed insurance activ-
6 ities or is engaging in conduct that creates an immediate danger to the
7 public safety or is causing or is reasonably expected to cause signif-
8 icant, imminent and irreparable public injury.
9 (2) An emergency cease and desist order under this section is effec-
10 tive immediately and will continue in full force and effect until
11 further order by the superintendent or unless stayed by the superinten-
12 dent or by a court of competent jurisdiction.
13 (3) Upon issuance of an emergency cease and desist order under this
14 section, the superintendent shall serve on the person affected by the
15 order, by registered or certified mail to the person's last known
16 address, an order that contains a statement of the charges and a notice
17 of hearing. The hearing must be held within ten days of the effective
18 date of the emergency order, unless a later time is agreed upon by all
19 parties.
20 (4) At the hearing, the superintendent shall affirm, modify or set
21 aside, in whole or in part, the emergency cease and desist order and may
22 combine and employ any other enforcement or penalty provisions available
23 to the superintendent to arrive at a final order.
24 (5) The superintendent's order after hearing is a final order in all
25 respects.
26 § 39. This act shall take effect on the ninetieth day after it shall
27 have become a law; provided that the amendments to section 317 of the
28 insurance law, made by section four of this act, shall not affect the
29 repeal of such section and shall be deemed repealed therewith; provided,
30 further that the amendments to subsection (c) of section 2320 of the
31 insurance law made by section fourteen of this act shall not affect the
32 expiration of such section and shall be deemed to expire therewith.
33 PART Y
34 Section 1. Subdivision 4 of section 500 of the agriculture and
35 markets law, as amended by section 8 of part I1 of chapter 62 of the
36 laws of 2003, is amended to read as follows:
37 4. The department shall inspect each retail food store [at least once
38 in every twelve month period] in accordance with a risk based frequency
39 established by the commissioner. The risk based inspection frequency
40 shall be determined by establishment size, type of food offered for sale
41 and other factors that may affect public health. Any store that fails
42 two consecutive inspections shall be inspected at least once in every
43 six month period until it has passed two consecutive inspections. In the
44 event that a retail food store fails three consecutive inspections, the
45 department may, in its discretion, order such establishment to cease all
46 retail operation until it passes inspection or suspend or revoke any
47 license issued to such establishment pursuant to article twenty-C of
48 this chapter.
49 § 2. The agriculture and markets law is amended by adding a new arti-
50 cle 20-B to read as follows:
51 ARTICLE 20-B
52 FOOD SECURITY
53 Section 251-o. Declaration of policy and purpose.
54 251-p. Definitions.
S. 6459 92 A. 9559
1 251-q. Preventative measures.
2 251-r. Rules and regulations.
3 § 251-o. Declaration of policy and purpose. The general purpose of
4 this article is to assure food security by requiring the operators of
5 food establishments, retail food stores and food warehouses located
6 within the state to take preventative measures to minimize the risk of
7 food under their control being subjected to tampering or criminal or
8 terrorist actions.
9 § 251-p. Definitions. For the purposes of this article: 1. "Food
10 establishment" means any facility within the state in which food is
11 possessed, stored, manufactured, compounded, brewed, distilled,
12 produced, processed, packed, labeled or relabeled, transported, sold,
13 offered or exposed for sale, or served, other than a retail food store
14 or a food warehouse, as defined in this section.
15 2. "Retail food store" means any establishment or section of an estab-
16 lishment where food and food products are offered to the consumer and
17 intended for off-premises consumption. The term does not include estab-
18 lishments which handle only pre-packaged, non-potentially hazardous
19 food, roadside markets that offer only fresh fruits and vegetables for
20 sale, food service establishments, or food and beverage vending
21 machines.
22 3. "Food warehouse" means any food establishment in which food is held
23 for commercial distribution.
24 § 251-q. Preventative measures. Each operator of a food establishment,
25 retail food store, and food warehouse shall take such preventative meas-
26 ures as the commissioner may require, pursuant to duly promulgated rules
27 and regulations, to minimize the risk of food under such operator's
28 control being subjected to tampering or criminal or terrorist actions.
29 § 251-r. Rules and regulations. The commissioner is hereby authorized
30 and directed, after public hearing, to promulgate rules and regulations,
31 including but not limited to regulations establishing preventative meas-
32 ures to minimize the risk of food being subjected to tampering or crimi-
33 nal or terrorist actions.
34 § 3. This act shall take effect immediately and shall be deemed to
35 have been in full force and effect on and after April 1, 2006.
36 PART Z
37 Section 1. Paragraph (b) of subdivision 2 of section 1676 of the
38 public authorities law is amended by adding a new undesignated paragraph
39 to read as follows:
40 Hadassah, The Women's Zionist Organization of America, Inc. and/or
41 Hadassah Medical Relief Association, Inc., New York not-for-profit
42 corporations, for the acquisition, financing, refinancing, construction,
43 reconstruction, renovation, development, improvement, expansion and
44 equipping of its facilities including but not limited to the Hadassah-
45 Hebrew University Medical Center in Ein Kerem, Israel.
46 § 2. Subdivision 1 of section 1680 of the public authorities law is
47 amended by adding a new undesignated paragraph to read as follows:
48 Hadassah, The Women's Zionist Organization of America, Inc. and/or
49 Hadassah Medical Relief Association, Inc., New York not-for-profit
50 corporations, for the acquisition, financing, refinancing, construction,
51 reconstruction, renovation, development, improvement, expansion and
52 equipping of its facilities including but not limited to the Hadassah-
53 Hebrew University Medical Center in Ein Kerem, Israel.
S. 6459 93 A. 9559
1 § 3. All contracts entered into by the dormitory authority pursuant to
2 the provisions of this act shall be deemed to be state contracts for the
3 purposes of article 15-A of the executive law, and the dormitory author-
4 ity, for the purposes of this act, shall be deemed to be a contracting
5 agency for the purposes of such article.
6 § 4. This act shall take effect on the ninetieth day after it shall
7 have become a law.
8 PART AA
9 Section 1. Paragraph l of subdivision 1 of section 72-0403 of the
10 environmental conservation law, as added by section 3 of part I of chap-
11 ter 1 of the laws of 2003, is amended to read as follows:
12 l. Six thousand dollars for generators of equal to or greater than
13 fifteen [thousand] tons per year of hazardous wastewater, payable in
14 addition to the fees for hazardous wastes, other than wastewater, as
15 required by this subdivision.
16 § 2. This act shall take effect immediately and shall be deemed to
17 have been in full force and effect on and after January 1, 2006.
18 PART BB
19 Section 1. The dormitory authority is authorized to enter into an
20 agreement with Cornell University for the support of operation of the
21 parallel computing supercomputers at the theory center for supercomput-
22 ers in connection with the business of the dormitory authority in an
23 amount not to exceed $1,200,000 over amounts previously authorized.
24 § 2. This act shall take effect immediately and shall be deemed to
25 have been in full force and effect on and after April 1, 2006.
26 PART CC
27 Section 1. Subdivision 2 of section 2976 of the public authorities
28 law, as amended by section 1 of part X of chapter 85 of the laws of
29 2002, is amended to read as follows:
30 2. The bond issuance charge shall be computed by multiplying the prin-
31 cipal amount of bonds issued by the percentage set forth in the [sched-
32 ule] schedules below, provided that: (a) the charge applicable to the
33 principal amount of single family mortgage revenue bonds shall be seven
34 one-hundredths of one percent; (b) the issuance of bonds shall not
35 include the remarketing of bonds; [and] (c) the issuance of bonds shall
36 not include the current refunding of short term bonds, notes or other
37 obligations for which the bond issuance charge provided by this section
38 has been paid, provided that such current refunding (i) occurs within
39 one year from the issuance of the refunded obligations, or (ii) is part
40 of a program created by a single indenture or bond resolution that
41 provides for the periodic issuance and refunding of short term obli-
42 gations[.]; and (d) such bond issuance charge shall not be levied
43 against any public authority or public benefit corporation bond issue in
44 instances where the principal amount of such bond issue is less than or
45 equal to ten million dollars. For bond issuances in excess of ten
46 million dollars, the bond issuance charge authorized by this section
47 shall be assessed upon the total principal amount of the bonds issued
48 less ten million dollars in accordance with the following schedule:
49 SCHEDULE FOR BONDS ISSUED ON OR AFTER APRIL 1, 2006 THROUGH MARCH
50 31, 2007
S. 6459 94 A. 9559
1 [Principal Amount of Bonds Issued] Percentage Charge
2 a. [$1,000,000 or less .14%
3 b. $1,000,001 to $5,000,000 .28%
4 c. $5,000,001 to $10,000,000 .42%
5 d.] $10,000,001 to $20,000,000 [.56%] .40%
6 [e.] b. More than $20,000,000 [.70%] .50%
7 SCHEDULE FOR BONDS ISSUED ON OR AFTER APRIL 1, 2007 THROUGH MARCH 31,
8 2008
9 Percentage Charge
10 a. $10,000,001 to $20,000,000 .24%
11 b. More than $20,000,000 .30%
12 § 2. Section 2976 of the public authorities law is REPEALED.
13 § 3. This act shall take effect immediately; provided, however, that
14 section two of this act shall take effect April 1, 2008.
15 PART DD
16 Section 1. Section 2 of chapter 393 of the laws of 1994, amending the
17 New York state urban development corporation act, as amended by section
18 1 of part K of chapter 59 of the laws of 2005, is amended to read as
19 follows:
20 § 2. This act shall take effect immediately [provided, however, that
21 section one of this act shall expire on July 1, 2006, at which time the
22 provisions of subdivision 26 of section 5 of the New York state urban
23 development corporation act shall be deemed repealed; provided, however,
24 that neither the expiration nor the repeal of such subdivision as
25 provided for herein shall be deemed to affect or impair in any manner
26 any loan made pursuant to the authority of such subdivision prior to
27 such expiration and repeal].
28 § 2. This act shall take effect immediately and shall be deemed to
29 have been in full force and effect on and after April 1, 2006.
30 PART EE
31 Section 1. (a) Subject to the provisions of chapter 59 of the laws of
32 2000, but notwithstanding any provisions of law to the contrary, one or
33 more of the authorized issuers, as defined by subdivision 1 of section
34 68-a of the state finance law are hereby authorized to issue bonds or
35 notes in one or more series in an aggregate principal amount not to
36 exceed $475,000,000 excluding bonds issued to finance one or more debt
37 service reserve funds, to pay costs of issuance of such bonds, and bonds
38 or notes issued to refund or otherwise repay such bonds or notes previ-
39 ously issued, for the purpose of making grants, loans or combination
40 thereof for economic development projects; initiatives that promote
41 academic research and development; projects that improve arts and
42 cultural facilities; initiatives, including but not limited to, the
43 development of renewable fuels, flexible fuel vehicles, hybrid electric
44 vehicles, plug-in hybrid electric vehicles, and other research and
45 development regarding fuel diversification and energy efficiency in the
46 transportation sector; for a competitive solicitation for construction
47 of a pilot cellulosic ethanol refinery; or to reimburse the state capi-
48 tal projects fund for disbursements made for such purposes pursuant to
49 an appropriation contained in a chapter of the laws of 2006. Eligible
50 project costs may include, but not be limited to the cost of design,
51 site acquisition and preparation, demolition, construction, rehabili-
S. 6459 95 A. 9559
1 tation, acquisition of machinery and equipment, parking facilities, and
2 infrastructure. Such bonds and notes of such authorized issuers shall
3 not be a debt of the state, and the state shall not be liable thereon,
4 nor shall they be payable out of any funds other than those appropriated
5 by the state to such authorized issuers for debt service and related
6 expenses pursuant to any service contract executed pursuant to subdivi-
7 sion (b) of this section and such bonds and notes shall contain on the
8 face thereof a statement to such effect. Except for purposes of comply-
9 ing with the internal revenue code, any interest income earned on bond
10 proceeds shall only be used to pay debt service on such bonds.
11 (b) Notwithstanding any provisions of law to the contrary, in order to
12 assist such authorized issuers in undertaking the administration and
13 financing of the projects authorized pursuant to subdivision (a) of this
14 section, the director of the budget is hereby authorized to enter into
15 one or more service contracts with such authorized issuers, none of
16 which shall exceed more than 30 years in duration, upon such terms and
17 conditions as the director of the budget and such authorized issuers
18 shall agree, so as to annually provide to such authorized issuers, in
19 the aggregate, a sum not to exceed the annual debt service payments and
20 related expenses required for the bonds and notes issued pursuant to
21 this section. Any service contract entered into pursuant to this subdi-
22 vision shall provide that the obligation of the state to pay the amount
23 therein provided shall not constitute a debt of the state within the
24 meaning of any constitutional or statutory provision and shall be deemed
25 executory only to the extent of monies available and that no liability
26 shall be incurred by the state beyond the monies available for such
27 purposes, subject to annual appropriation by the legislature. Any such
28 contract or any payments made or to be made thereunder may be assigned
29 or pledged by such authorized issuers as security for its bonds and
30 notes, as authorized by this section.
31 § 2. This act shall take effect immediately and shall be deemed to
32 have been in full force and effect on and after April 1, 2006.
33 PART FF
34 Section 1. Notwithstanding the provisions of sections 9-a, 16-b, 16-e,
35 and 16-g of the New York state urban development corporation act and
36 associated appropriations provided therefor, chapter 796 of the laws of
37 1992 and associated appropriations provided therefor, as amended by
38 chapter 58 of the laws of 1993, and an appropriation included in section
39 1 of chapter 55 of the laws of 1999, repayments of funds totaling no
40 more than $4,000,000 advanced for the small- and medium-size business
41 assistance program, $400,000 advanced for the job retention and defense
42 industry program, $11,000,000 advanced for the regional economic devel-
43 opment partnership program, $1,400,000 advanced for the child care
44 facilities construction program, $1,100,000 advanced for the higher
45 education applied technology program, and $5,100,000 advanced for the
46 New York stock exchange expansion project, shall be available to the
47 urban development corporation to finance the development of the World
48 Trade Center Visitor Orientation and Educational Center.
49 § 2. This act shall take effect immediately and shall be deemed to
50 have been in full force and effect on and after April 1, 2006.
51 PART GG
S. 6459 96 A. 9559
1 Section 1. Paragraph 2 of subdivision (h) of section 183 of the
2 economic development law, as added by chapter 313 of the laws of 2005,
3 is amended to read as follows:
4 2. During the period commencing on November first, two thousand five
5 and ending on [December] March thirty-first, two thousand [six] seven
6 eligible businesses shall only include customers served under the power
7 authority of the state of New York's high load factor, economic develop-
8 ment power and other business customers served by political subdivisions
9 of the state authorized by law to engage in the distribution of electric
10 power that were authorized to be served by the authority from the
11 authority's former James A. Fitzpatrick nuclear power plant as of the
12 effective date of this subdivision whose power prices may be subject to
13 increase before [December] March thirty-first, two thousand [six] seven.
14 § 2. Paragraph 5 of subdivision (a) of section 189 of the economic
15 development law, as amended by section 5 of part C of chapter 63 of the
16 laws of 2005, is amended to read as follows:
17 5. "Power for jobs electricity savings reimbursements" shall mean
18 payments made by the power authority of the state of New York as recom-
19 mended by the board to recipients of allocations of power under phases
20 four and five of the power for jobs program for a period of time until
21 November thirtieth, two thousand four, subsequent to the expiration of
22 their phase four or five power for jobs contract provided however that
23 any power for jobs recipient may choose to receive electricity savings
24 reimbursement as a substitute for a contract extension for the period
25 from the date the recipient's contract expires through [December] March
26 thirty-first, two thousand [six] seven. The "basic reimbursement" is an
27 amount that when credited against the recipient's actual "unit cost of
28 electricity" during a quarter (meaning the cost for commodity and deliv-
29 ery per kilowatt-hour for the quantity of electricity purchased and
30 delivered under the power for jobs program during a similar period in
31 the final year of the recipient's contract), results in an effective
32 unit cost of electricity during the quarter equal to the average unit
33 cost of electricity such recipient paid during the final year of the
34 contract for power allocated under phase four or five of the power for
35 jobs program.
36 § 3. Subdivision (f) of section 189 of the economic development law,
37 as amended by section 5 of part C of chapter 63 of the laws of 2005, is
38 amended to read as follows:
39 (f) Eligibility. The board shall recommend applications for allo-
40 cations of power under the power for jobs program to or for the use of
41 businesses which normally utilize a minimum peak electric demand in
42 excess of four hundred kilowatts; provided, however, that up to one
43 hundred megawatts of power available for allocation during the initial
44 three phases of the power for jobs program may be recommended for allo-
45 cations to not-for-profit corporations and to small businesses; and,
46 provided, further that up to seventy-five megawatts of power available
47 for allocation during the fourth phase of the program may be recommended
48 for allocations to not-for-profit corporations and to small businesses.
49 The board may require small businesses that normally utilize a minimum
50 peak electric demand of less than one hundred kilowatts to aggregate
51 their electric demand in amounts of no less than one hundred kilowatts,
52 for the purposes of applying to the board for an allocation of power.
53 The board shall recommend allocations of the additional three hundred
54 megawatts available during the fourth phase of the program to any such
55 eligible applicant, including any recipient of power allocated during
56 the first phase of the program. The board shall recommend allocations of
S. 6459 97 A. 9559
1 the additional one hundred eighty-three megawatts available during the
2 fifth phase of the program to any eligible applicant, including any
3 recipient of power allocated during the second and third phases of the
4 program; provided, however, that the term of contracts for allocations
5 under the fifth phase of the program shall in no case extend beyond
6 [December] March thirty-first, two thousand [six] seven. Notwithstanding
7 any provision of law to the contrary, and, in particular, the provisions
8 of this chapter concerning the terms of contracts for allocations under
9 the power for jobs program, the terms of any contract with a recipient
10 of power allocated under phase two of the power for jobs program that
11 has expired or will expire on or before the thirty-first day of August,
12 two thousand two, may be extended by the power authority of the state of
13 New York for an additional period of three months effective on the date
14 of such expiration, pending the filing and approval of an application by
15 such recipient for an allocation under the fifth phase of the program.
16 The term of any new contract with such recipient under the fifth phase
17 of the program shall be deemed to include any three month contract
18 extension made pursuant to this subdivision and the termination date of
19 any such new contract under phase five shall be no later than if such
20 new contract had commenced upon the expiration of the recipient's
21 original phase two contract. The terms of any contract with a recipient
22 of power allocated under phase four and/or phase five of the power for
23 jobs program that has expired or will expire on or before the thirty-
24 first day of December, two thousand five, may be extended by the power
25 authority of the state of New York from a date beginning no earlier than
26 the first day of December, two thousand four and extending through
27 [December] March thirty-first, two thousand [six] seven.
28 § 4. Subdivision (l) of section 189 of the economic development law,
29 as amended by chapter 313 of the laws of 2005, is amended to read as
30 follows:
31 (l) The board shall solicit and review applications for the power for
32 jobs electricity savings reimbursements and contract extensions from
33 recipients of power for jobs allocations under phases four and five of
34 the program for the award of such reimbursements and/or contract exten-
35 sions. The board may prescribe a simplified form and content for an
36 application for such reimbursements or extensions. An applicant shall be
37 eligible for such reimbursements and/or extensions only if it is in
38 compliance with and agrees to continue to meet the job retention and
39 creation commitments set forth in its prior power for jobs contract, or
40 such other commitments as the board deems reasonable. The board shall
41 review such applications and make recommendations for the award: 1. of
42 such reimbursements through the power authority of the state of New York
43 for a period of time up to November thirtieth, two thousand four, and 2.
44 of such contract extensions or reimbursements as applied for by the
45 recipient for a period of time beginning December first, two thousand
46 four and ending [December] March thirty-first, two thousand [six] seven.
47 At no time shall a recipient receive both a reimbursement and extension
48 after December first, two thousand four. The power authority of the
49 state of New York shall receive notification from the board regarding
50 the award of power for jobs electricity savings reimbursements and/or
51 contract extensions.
52 § 5. Subparagraph 2 of paragraph g of the ninth undesignated paragraph
53 of section 1005 of the public authorities law, as amended by chapter 161
54 of the laws of 2005, is amended to read as follows:
55 2. The authority, as deemed feasible and advisable by the trustees, is
56 authorized to make payments to recipients of the power for jobs elec-
S. 6459 98 A. 9559
1 tricity savings reimbursements and additional annual voluntary contrib-
2 utions into the state treasury to the credit of the general fund. The
3 authority shall make such contributions to the state treasury no later
4 than ninety days after the end of the calendar year in which a credit
5 under subdivision nine of section one hundred eighty-six-a of the tax
6 law is available: (a) for the additional three hundred megawatts of
7 power under the fourth phase of the program provided under chapter
8 sixty-three of the laws of two thousand and under the fifth phase for
9 the additional one hundred eighty-three megawatts provided under chapter
10 two hundred twenty-six of the laws of two thousand two; and (b) for any
11 extension of any contract for allocations under the fourth phase of the
12 program and under the fifth phase of the program. Payments for any elec-
13 tricity savings reimbursement under section one hundred eighty-nine of
14 the economic development law shall be made pursuant to such section.
15 Such annual contributions shall be equal to fifty percent of the total
16 amount of such credits available each year to all local distributors of
17 electricity. In addition, such authorization for contribution in state
18 fiscal year two thousand two--two thousand three shall be equal to the
19 total amount of credit available in two thousand one and two thousand
20 two; and such authorization for contribution in state fiscal year two
21 thousand three--two thousand four shall be equal to the total amount of
22 credit available in two thousand three; under subdivision nine of
23 section one hundred eighty-six-a of the tax law under the fourth phase
24 of the program for the additional three hundred megawatts provided under
25 chapter sixty-three of the laws of two thousand and under the fifth
26 phase for the additional one hundred eighty-three megawatts provided
27 under chapter two hundred twenty-six of the laws of two thousand two. In
28 state fiscal year two thousand four--two thousand five, such authorized
29 annual contribution shall be equal to one hundred percent of the total
30 amount of such credits available each year to all local distributors of
31 electricity. Such authorization for contribution in state fiscal years
32 two thousand four and two thousand five shall be equal to the total
33 amount of credit available in two thousand four and two thousand five;
34 under subdivision nine of section one hundred eighty-six-a of the tax
35 law under the fourth phase of the program for the additional three
36 hundred megawatts provided under chapter sixty-three of the laws of two
37 thousand and under the fifth phase for the additional one hundred eight-
38 y-three megawatts provided under chapter two hundred twenty-six of the
39 laws of two thousand two. In addition, such authorization for contrib-
40 ution for any extension of any contract for allocations under the fourth
41 phase of the program and under the fifth phase of the program in each
42 state fiscal year shall be equal to the total amount of credit or
43 reimbursement available in state fiscal year two thousand four--two
44 thousand five, state fiscal year two thousand five--two thousand six and
45 two thousand six--two thousand seven. Additionally, notwithstanding any
46 other section of law, the authority is authorized to make a contribution
47 in an amount related to total amounts of credit received under phases
48 one, two [and], three, four and five of the program. In no case shall
49 the contribution for state fiscal year two thousand five--two thousand
50 six be less than seventy-five million dollars. The contribution for
51 state fiscal year two thousand six--two thousand seven shall be one
52 hundred million dollars. Seventy-five percent of such contribution is to
53 be provided for use during calendar year ending December thirty-first,
54 two thousand [five] six and the remaining twenty-five percent is to be
55 provided for use during the three months ending March thirty-first, two
56 thousand [six] seven. The department of public service shall estimate
S. 6459 99 A. 9559
1 the payment due by the end of the calendar year in which the credit is
2 available or within thirty days of the end of the program. In no case
3 shall the amount of the total annual contributions for the years during
4 which delivery and sale of power associated with all power for jobs
5 phases and any extensions thereof takes place exceed the aggregate total
6 of three hundred ninety-four million dollars. Payment of the voluntary
7 contributions authorized in this subparagraph represents the full
8 financing of the power for jobs program from its inception in nineteen
9 hundred ninety-seven through December thirty-first, two thousand six and
10 shall exempt the authority from any additional voluntary contributions
11 or payments relating to the gross receipts tax credit arising out of the
12 power for jobs program relating to the periods after December thirty-
13 first, two thousand six. For the period January first, two thousand
14 seven through March thirty-first, two thousand seven, the New York power
15 authority may be reimbursed, subject to an appropriation, for net costs
16 associated with the power for jobs rebate program.
17 § 6. The closing paragraph of section 1005 of the public authorities
18 law, as added by chapter 313 of the laws of 2005, is amended and a new
19 closing paragraph is added to read as follows:
20 The authority is authorized to allocate up to seventy megawatts of
21 unallocated power from the Niagara project sold prior to the effective
22 date of this paragraph as replacement power, up to thirty-eight and
23 six-tenths megawatts of preservation power from the Saint Lawrence-FDR
24 project which is relinquished or withdrawn after the effective date of
25 this paragraph, and for the period ending on [December] March thirty-
26 first, two thousand [six] seven, up to an additional twenty megawatts of
27 power from the Saint Lawrence-FDR project which is unallocated as of the
28 effective date of this paragraph, for sale into the wholesale market,
29 the net earnings from which and such other funds of the authority as
30 deemed feasible and advisable by the trustees, shall be used for energy
31 cost savings benefits. Such energy cost savings benefits shall be made
32 upon recommendation of the economic development power allocation board,
33 pursuant to subdivision (h) of section one hundred eighty-three of the
34 economic development law. For purposes of this paragraph, the term net
35 earnings shall mean any excess of revenues earned from the sale of such
36 power allocated to the wholesale market from the Niagara and Saint
37 Lawrence-FDR projects over the revenues that would have been received
38 had such firm power been allocated and sold on a firm basis by the
39 authority prior to the effective date of this paragraph.
40 The governor shall establish a temporary commission on the future of
41 New York state power programs for economic development as soon as prac-
42 ticable but no later than May first, two thousand six. On or before
43 November first, two thousand six, the commission shall make recommenda-
44 tions to the governor and the legislature on whether to continue, modi-
45 fy, expand or replace the state's economic development power programs,
46 including but not limited to the power for jobs program and the energy
47 cost savings benefit program, and shall recommend legislative language
48 necessary to implement its recommendations. The commission shall consist
49 of eleven members, comprised of five members appointed by the governor,
50 one of whom he or she shall designate as chairperson, two members by the
51 speaker of the assembly, two members by the temporary president of the
52 senate, one member by the minority leader of the assembly and one member
53 by the minority leader of the senate.
54 § 7. Subdivision 13 of section 1005 of the public authorities law, as
55 amended by chapter 313 of the laws of 2005, is amended to read as
56 follows:
S. 6459 100 A. 9559
1 13. Notwithstanding any other provision of law to the contrary but
2 subject to the terms and conditions of federal energy regulatory commis-
3 sion licenses, to allocate or reallocate directly or by sale for resale,
4 two hundred fifty megawatts of firm Niagara project hydroelectric power
5 as "expansion power" and four hundred forty-five megawatts of firm
6 Niagara project hydroelectric power as "replacement power" to businesses
7 within the state located within thirty miles of the Niagara project, and
8 four hundred ninety megawatts of firm and interruptible power from the
9 Saint Lawrence-FDR project as "preservation power" sold to businesses
10 located within the counties of Jefferson, Saint Lawrence and Franklin,
11 provided that the amount of expansion power allocated to businesses in
12 Chautauqua county on January first, nineteen hundred eighty-seven shall
13 continue to be allocated in such county and, provided further that up to
14 seventy megawatts of replacement power, up to thirty-eight and six-
15 tenths megawatts of preservation power from the Saint Lawrence-FDR
16 project which is relinquished or withdrawn after the effective date of
17 [the] chapter three hundred thirteen of the laws of two thousand five
18 which amended this subdivision and, for the period ending on [December]
19 March thirty-first, two thousand [six] seven, up to twenty megawatts of
20 other power from the Saint Lawrence-FDR project which is unallocated as
21 of the effective date of [the] chapter three hundred thirteen of the
22 laws of two thousand five which amended this subdivision, shall be allo-
23 cated by the authority together with such other funds of the authority
24 as the trustees deem feasible and advisable for energy cost savings
25 benefits pursuant to the twelfth undesignated paragraph of this section.
26 Provided, however, that the amount of replacement, preservation power,
27 or the additional twenty megawatts of Saint Lawrence-FDR power for the
28 period ending [December] March thirty-first, two thousand [six] seven
29 made available for such purpose, used for energy cost savings benefits
30 that are relinquished by or withdrawn from a recipient thereof shall be
31 offered by the authority proportionately for a period of six months for
32 reallocation to applicants who qualify respectively for replacement or
33 preservation power allocations as provided in this subdivision. If such
34 power is not allocated within such period it shall be allocated for the
35 purpose of energy cost savings benefits pursuant to subdivision (h) of
36 section one hundred eighty-three of the economic development law. The
37 authority shall negotiate contracts on reasonable terms and conditions
38 to renew or extend every permanent contract allocation of expansion
39 power in effect on the effective date of this subdivision and, to the
40 extent consistent with such contracts, the authority shall negotiate
41 contracts on reasonable terms and conditions to extend or renew all
42 other allocations or allotments of such power in effect on such date.
43 The authority shall negotiate contracts on reasonable terms and condi-
44 tions to renew or extend for a period of at least five years every
45 permanent contract allocation of replacement power in effect on the
46 effective date of [the] chapter three hundred thirteen of the laws of
47 two thousand five which added this sentence and that would expire by its
48 terms on or before the end of the initial federal energy regulatory
49 commission license for the Niagara project; provided that, in negotiat-
50 ing the terms and conditions of such contracts, the authority may
51 consider a business' compliance with all current contractual obli-
52 gations, including employment and power usage commitments. Contracts
53 entered into pursuant to this subdivision shall contain reasonable
54 provisions providing for the partial or complete withdrawal of the power
55 in the event the recipient fails to maintain mutually agreed levels of
56 employment, investment, and power utilization. Expansion or replacement
S. 6459 101 A. 9559
1 power relinquished by businesses or withdrawn by the authority shall be
2 allocated directly or by sale for resale by the authority to businesses
3 within the state located within thirty miles of the Niagara project
4 provided, that the amount of power allocated to businesses in Chautauqua
5 county on January first, nineteen hundred eighty-seven shall be allo-
6 cated in such county. Preservation power that is relinquished by busi-
7 nesses or withdrawn by the authority shall be allocated directly or by
8 sale for resale by the authority within the counties of Jefferson, Saint
9 Lawrence and Franklin. Allocations made pursuant to this paragraph shall
10 be made in accordance with criteria established by the trustees. Such
11 criteria shall address the expansion of industry and employment pursuant
12 to paragraph (a) of this subdivision and the revitalization of existing
13 industry pursuant to paragraph (b) of this subdivision.
14 (a) Criteria for eligibility for expansion, replacement and preserva-
15 tion power. Each application for an allocation for expansion, replace-
16 ment or preservation power shall be evaluated by the trustees under
17 criteria which shall include but need not be limited to:
18 (1) the number of jobs created as a result of a power allocation;
19 (2) the business' long term commitment to the region as evidenced by
20 the current and/or planned capital investment in business' facilities in
21 the region;
22 (3) the ratio of the number of jobs to be created to the amount of
23 power requested;
24 (4) the types of jobs created, as measured by wage and benefit levels,
25 security and stability of employment;
26 (5) the amount of capital investment, including the type and cost of
27 buildings, equipment and facilities to be constructed, enlarged or
28 installed;
29 (6) the extent to which a power allocation will affect the overall
30 productivity or competitiveness of the business and its existing employ-
31 ment;
32 (7) the extent to which an allocation of power may result in a compet-
33 itive disadvantage for other business in the state;
34 (8) the growth potential of the business facility and the contribution
35 of economic strength to the area in which the business facility is or
36 would be located;
37 (9) the extent of the business' willingness to make jobs available to
38 persons defined as eligible for services under the federal job training
39 partnership act of nineteen hundred eighty-two and the extent of the
40 business' willingness to satisfy affirmative action goals;
41 (10) the extent to which an allocation of power is consistent with
42 state, regional and local economic development strategies and priorities
43 and supported by local units of government in the area in which the
44 business is located; and
45 (11) the impact of the allocation on the operation of any other facil-
46 ities of the business, on other businesses within the region, and upon
47 other electric ratepayers.
48 (b) Revitalization. In addition to the criteria provided in paragraph
49 (a) of this subdivision the trustees shall establish special criteria
50 for the evaluation of applications for power allocated for the revitali-
51 zation of industry. Such criteria shall include, but need not be limited
52 to:
53 (1) that the business is likely to close, partially close or relocate
54 resulting in the loss of a substantial number of jobs;
S. 6459 102 A. 9559
1 (2) that the business is an important employer in the community and
2 efforts to revitalize the business are in long-term interests of both
3 employers and the community;
4 (3) that a reasonable prospect exists that the proposed allocation of
5 power will enable the business to remain competitive and become profita-
6 ble and preserve jobs for a substantial period of time;
7 (4) that the applicant demonstrates cooperation with the local elec-
8 tricity distributor and other available sources of assistance to reduce
9 energy costs to the maximum extent practicable, through conservation and
10 load management; and
11 (5) that the allocation will not unduly affect the cost of electric
12 service to customers of the local electricity distributor.
13 § 8. Section 9 of chapter 316 of the laws of 1997 amending the public
14 authorities law and other laws relating to the provision of low cost
15 power to foster statewide economic development, as amended by section 5
16 of part C of chapter 63 of the laws of 2005, is amended to read as
17 follows:
18 § 9. This act shall take effect immediately and shall expire and be
19 deemed repealed [December] March 31, [2006] 2007.
20 § 9. Subdivision 9 of section 186-a of the tax law, as amended by
21 section 5 of part C of chapter 63 of the laws of 2005, is amended to
22 read as follows:
23 9. Notwithstanding any other provision of this chapter or any other
24 law to the contrary, for taxable periods nineteen hundred ninety-seven
25 through and including two thousand [six] seven, any utility which deliv-
26 ers power under the power for jobs program, as established by section
27 one hundred eighty-nine of the economic development law, shall be
28 allowed a credit, subject to the limitations thereon contained in this
29 subdivision, against the tax imposed under this section equal to net
30 lost revenues from the delivery of power under such power for jobs
31 program. Net lost revenues means the "net receipts" less "net utility
32 revenue" from such delivery of power. For purposes of this subdivision,
33 "net receipts" shall mean the amount that the utility would have other-
34 wise received from customers receiving power pursuant to allocations by
35 the New York state economic development power allocation board in
36 accordance with section one hundred eighty-nine of the economic develop-
37 ment law, or from customers whose allocation has been transferred to an
38 energy service company, or from energy service companies to which such
39 allocation has been transferred, pursuant to its tariff supervised by
40 the public service commission for substantially comparable service
41 otherwise applicable to such customers or energy service companies in
42 the absence of such designation, less the utility's annual average
43 incremental short-term variable and capacity costs of providing such
44 power in the absence of such purchase. For the purposes of this subdivi-
45 sion, "net utility revenue" shall mean the revenues the utility actually
46 receives in accordance with such section one hundred eighty-nine from
47 such customers so designated by the New York state economic development
48 power allocation board or from customers whose allocation has been
49 transferred to an energy service company, or from the energy service
50 companies to which a power for jobs allocation has been transferred,
51 less the utility's cost of such power under such program. Provided,
52 however, that any credit under this section shall be used only with
53 respect to the same taxable year during which such credit arose and
54 shall not be capable of being carried forward or backward to any other
55 taxable period. Nor shall any credit be allowed to any utility for the
56 total amount of power, expressed in kilowatt hours, purchased by the
S. 6459 103 A. 9559
1 customers of such utility under such program during the taxable period
2 that exceeds the prorated "baseline energy use" by all customers of that
3 utility purchasing power under such program during the taxable period.
4 "Baseline energy use" with respect to each customer shall mean the larg-
5 est amount of kilowatt hours of energy used by such customer during any
6 twelve consecutive month period occurring during the preceding thirty
7 months immediately preceding the New York state economic development
8 power allocation board's recommendation of such customer's application,
9 prorated to reflect the length of time of the customer's participation
10 in such program during the taxable period. Provided further, however,
11 that in accordance with subdivision (k) of section one hundred eighty-
12 nine of the economic development law no tax credit shall be available
13 for any revenue losses when a utility has declined to purchase power
14 allocated for sale under such program. No electric corporation shall be
15 allowed the tax credit authorized by this subdivision until it shall
16 file a certificate from the department of public service for the period
17 covered by the return verifying that the calculation of such tax credit
18 complies with this subdivision and the department of public service has
19 approved such certificate and forwarded a copy of such approved certif-
20 icate to the commissioner or any amended certificate resulting from the
21 need for correction. The credit allowed by this subdivision shall not be
22 applicable in calculating any other tax imposed or authorized to be
23 imposed by this chapter or any other law, and the amount of the tax
24 surcharge imposed under section one hundred eighty-six-c of this article
25 shall be calculated and payable as if the credit provided for by this
26 subdivision were not allowed.
27 § 10. This act shall take effect immediately and shall be deemed to
28 have been in full force and effect on and after April 1, 2006; provided,
29 however, that the amendments to section 183 of the economic development
30 law and subparagraph 2 of paragraph g of the ninth undesignated para-
31 graph of section 1005 of the public authorities law made by sections one
32 and five of this act shall not affect the expiration of such section and
33 subparagraph, respectively, and shall be deemed to expire therewith;
34 provided further, however, that the amendments to section 189 of the
35 economic development law and subdivision 9 of section 186-a of the tax
36 law made by sections two, three, four and nine of this act shall not
37 affect the repeal of such section and subdivision, respectively, and
38 shall be deemed to be repealed therewith.
39 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
40 sion, section or part of this act shall be adjudged by any court of
41 competent jurisdiction to be invalid, such judgment shall not affect,
42 impair, or invalidate the remainder thereof, but shall be confined in
43 its operation to the clause, sentence, paragraph, subdivision, section
44 or part thereof directly involved in the controversy in which such judg-
45 ment shall have been rendered. It is hereby declared to be the intent of
46 the legislature that this act would have been enacted even if such
47 invalid provisions had not been included herein.
48 § 3. This act shall take effect immediately provided, however, that
49 the applicable effective date of Parts A through GG of this act shall be
50 as specifically set forth in the last section of such Parts.
S. 6459 104 A. 9559
1 2006-2007 NEW YORK STATE EXECUTIVE BUDGET
2 TRANSPORTATION
3 ECONOMIC DEVELOPMENT AND
4 ENVIRONMENTAL CONSERVATION
5 ARTICLE VII LEGISLATION
6 CONTENTS
7 STARTING
8 PAGE
9 PART DESCRIPTION NUMBER
10 A Make permanent surf clam and quahog fees. 3
11 B Authorize additional purposes for the Environmental 3
12 Protection Fund.
13 C Authorize assessments on utilities to be used for New 11
14 York State Energy Research and Development Authority
15 research and development costs.
16 D Increase penalties for food and other health violations. 12
17 E Authorize the Energy Research and Development Authority 13
18 (NYSERDA) to make payments to certain State funds.
19 F Increase various DEC regulatory fees. 13
20 G Establish an All-Terrain Vehicle (ATV) Program. 15
21 H Make a technical change to Agriculture and Markets' 20
22 fees.
23 I Increase Title V Operating Permit Program fees on 21
24 stationary sources of air pollution.
25 J Provide the annual authorizations for the CHIPS and 22
26 Marchiselli programs.
27 K Authorize a pilot program for the Department of 23
28 Transportation and the Thruway Authority to bid
29 construction projects inclusive of professional
30 engineering costs.
31 L Authorize the Department of Transportation, the 26
32 Thruway Authority and the Metropolitan Transportation
33 Authority (MTA) to enter into transportation
34 development partnerships with public and/or private
35 entities.
36 M Increase the fees for the photo image portion of DMV's 39
37 non-driver identification card.
38 N Amend the Motor Carrier Safety Improvement Act (MCSIA) 40
39 regarding disqualifications of commercial driver
40 license holders.
41 O Reinstate the bulk mailing rate provisions for the 42
42 Department of Motor Vehicles (DMV).
43 P Increase the MTA Bond Cap to reflect the bonding needs 44
44 of the enacted State Transportation Plan and MTA
45 capital programs.
46 Q Add Oneida County to the Central New York Regional 45
47 Transportation Authority Service District.
48 R Make permanent the authority of the Secretary of State 48
49 to charge increased fees for expedited handling of
50 documents.
51 S Authorize the Department of Environmental Conservation 49
52 to regulate all freshwater wetlands, and establish fees
S. 6459 105 A. 9559
1 for freshwater and tidal wetland permits.
2 T Authorize certain State agencies to finance their 57
3 activities with revenues from assessments on public
4 utilities.
5 U Increase the maximum penalties for Banking Law 58
6 violations and eliminate annual license renewal fees.
7 V Extend the State Single Audit Act for the Department of 81
8 Transportation.
9 W Increase the Excelsior Linked Deposit Program from 81
10 $350 million to $140 million.
11 X Increase the maximum penalties for Insurance Law 81
12 violations.
13 Y Require the Department of Agriculture and Markets to 91
14 conduct food safety inspections on a risk-based
15 frequency.
16 Z Authorize the Dormitory Authority to provide financing 92
17 for Hadassah.
18 AA Authorize a technical change regarding hazardous 93
19 wastewater fees.
20 BB Authorize the Dormitory Authority to provide up to $1.2 93
21 million to Cornell University for the Cornell Theory
22 Center.
23 CC Provide for a three year phase-out of the bond issuance 93
24 charge on public authorities.
25 DD Make permanent the general loan powers of the New York 94
26 State Urban Development Corporation (UDC).
27 EE Create a new $475 million bonded capital program to 94
28 support economic development projects.
29 FF Authorize one-time funding for the development of the 95
30 World Trade Center Visitor Orientation and Educational
31 Center.
32 GG Extend the Power for Jobs and Economic Development 95
33 Power programs and authorize the New York Power
34 Authority to make a voluntary contribution to the
35 General Fund.