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A03008 Summary:

BILL NOA03008C
 
SAME ASSAME AS UNI. S02008-C
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2017-2018 state fiscal year; increases certain motor vehicle transaction fees (Part A); relates to divisible load permits; provides that after December thirty-first, two thousand sixteen, no more than twenty-seven thousand power units shall be issued annual permits by the department of motor vehicles for any twelve-month period (Part B); relates to compliance with new federal regulations (Part D); relates to reciprocal agreements concerning suspension or revocation of registration of a motor vehicle for violations of toll collection regulations (Part E); relates to the waiver of non-driver identification card fees for crime victims (Part H); relates to the reinstatement for non-residents (Part I); relates to extending certain provisions relating to the empire state economic development fund (Part M); extends the expiration of the authority of the urban development corporation to make certain loans until July 1, 2018 (Part N); extends until March 31, 2018, the expiration of provisions of the executive law permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and permitting additional levels of such expedited service (Part Q); relates to streamlining the licensing process for real estate professionals (Part S); relates to local waterfront revitalization (Part T); relates to authorizing utility and cable television assessments to provide funds to the department of health from cable television assessments revenues and to the departments of agriculture and markets, environmental conservation, office of parks, recreation and historic preservation, and state from utility assessment revenues (Part V); relates to extending the effectiveness of the dormitory authority's authorization to enter into certain design and construction management agreements (Part W); relates to reverse mortgages (Part FF); relates to establishing the New York environmental protection and spill remediation account (Part HH); relates to environmental protection fund deposits and transfers; relates to the "Cleaner, Greener NY Act of 2013" (Part JJ); relates to sharing of employees, services and resources by the power authority, canal corporation and department of transportation (Part LL); authorizes the energy research and development authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY programs, as well as the department of environmental conservation's climate change program and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part MM); relates to the effectiveness of the New York state health insurance continuation assistance demonstration project (Part NN); relates to increasing the number of sites authorized for growing and cultivating industrial hemp (Part OO); relates to the definition of transportation purpose (Part PP); relates to funding local government entities from the urban development corporation and to establishing the Indian Point closure task force to provide guidance and support to affected local municipalities and employees (Part RR); relates to pesticide registration timetables and fees (Part SS); relates to the life science initiatives program (Part TT); relates to retrofit technology for diesel-fueled vehicles (Part UU).
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A03008 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2008--C                                            A. 3008--C
 
                SENATE - ASSEMBLY
 
                                    January 23, 2017
                                       ___________
 
        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 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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 --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          again reported from said committee with amendments, ordered  reprinted
          as  amended  and  recommitted to said committee -- again reported from
          said committee with  amendments,  ordered  reprinted  as  amended  and
          recommitted to said committee
 
        AN  ACT to amend chapter 62 of the laws of 2003 amending the vehicle and
          traffic law and other laws relating to increasing certain motor  vehi-
          cle transaction fees, in relation to the disposition of revenues (Part
          A);  to  amend  the  vehicle and traffic law, in relation to divisible
          load permits (Part B); intentionally omitted (Part C);  to  amend  the
          vehicle  and  traffic  law, in relation to compliance with new federal
          regulations (Part D);  to  amend  the  vehicle  and  traffic  law,  in
          relation  to reciprocal agreements concerning suspension or revocation
          of registration of a motor vehicle for violations of  toll  collection
          regulations  (Part  E);  intentionally omitted (Part F); intentionally
          omitted (Part G); to amend the vehicle and traffic law, in relation to
          the waiver of non-driver identification card fees  for  crime  victims
          (Part  H);  to  amend  the vehicle and traffic law, in relation to the
          reinstatement fee for non-residents (Part  I);  intentionally  omitted
          (Part  J); intentionally omitted (Part K); intentionally omitted (Part
          L); to amend the New York state urban development corporation act,  in
          relation  to extending certain provisions relating to the empire state
          economic development fund (Part M); to amend chapter 393 of  the  laws
          of  1994,  amending  the  New York state urban development corporation
          act, relating to the powers of the New York  state  urban  development
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12573-07-7

        S. 2008--C                          2                         A. 3008--C
 
          corporation  to  make  loans, in relation to the effectiveness thereof
          (Part N); intentionally omitted (Part O); intentionally omitted  (Part
          P);  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 extending the expiration date  thereof  (Part  Q);  inten-
          tionally omitted (Part R); to amend the real property law, in relation
          to  streamlining  the  licensing process for real estate professionals
          (Part S); to amend the environmental conservation law and  the  execu-
          tive  law,  in  relation  to local waterfront revitalization (Part T);
          intentionally omitted (Part U); authorizing utility  and  cable  tele-
          vision  assessments  to provide funds to the department of health from
          cable television assessment revenues and to the departments  of  agri-
          culture  and  markets,  environmental  conservation,  office of parks,
          recreation and historic preservation, and state from  utility  assess-
          ment  revenues;  and  providing for the repeal of such provisions upon
          expiration thereof (Part V); to amend chapter 58 of the laws  of  2012
          amending the public authorities law relating to authorizing the dormi-
          tory  authority  to enter into certain design and construction manage-
          ment agreements, in relation to extending the  effectiveness  of  such
          authorization  (Part W); intentionally omitted (Part X); intentionally
          omitted (Part Y); intentionally omitted (Part Z); intentionally  omit-
          ted  (Part AA); intentionally omitted (Part BB); intentionally omitted
          (Part CC); intentionally  omitted  (Part  DD);  intentionally  omitted
          (Part  EE); to amend the real property actions and proceedings law and
          the civil practice law and rules, in  relation  to  reverse  mortgages
          (Part  FF);  intentionally  omitted (Part GG); to amend the navigation
          law, in relation to establishing the New York environmental protection
          and spill remediation account (Part HH); intentionally  omitted  (Part
          II); to amend the state finance law and the environmental conservation
          law,  in relation to environmental protection fund deposits and trans-
          fers; and to amend part F of chapter 58 of the laws of  2013  amending
          the  environmental conservation law and the state finance law relating
          to the "Cleaner, Greener NY Act of 2013", in relation to extending the
          effectiveness thereof (Part JJ); intentionally omitted (Part  KK);  to
          amend  the  public  authorities  law  and  the public officers law, in
          relation to the sharing of employees, services and  resources  by  the
          power  authority  of  the  state  of  New  York, canal corporation and
          department of  transportation  (Part  LL);  to  authorize  the  energy
          research  and  development  authority  to  finance  a  portion  of its
          research, development and demonstration, policy and planning, and Fuel
          NY programs, as well as the department of environmental conservation's
          climate change program and the department of agriculture and  markets'
          Fuel  NY  program, from an assessment on gas and electric corporations
          (Part MM); to amend chapter 495 of  the  laws  of  2004  amending  the
          insurance law and the public health law relating to the New York state
          health  insurance  continuation  assistance  demonstration project, in
          relation to the effectiveness thereof (Part NN); to amend the agricul-
          ture and markets law, in relation to increasing the  number  of  sites
          authorized  for  the growing or cultivating of industrial hemp as part
          of agricultural pilot programs (Part OO); to amend the public authori-
          ties law, in relation to  the  definition  of  transportation  purpose
          (Part  PP);  to amend subpart H of part C of chapter 20 of the laws of
          2015, appropriating  money  for  certain  municipal  corporations  and
          school  districts, in relation to funding to local government entities

        S. 2008--C                          3                         A. 3008--C
 
          from the urban development corporation  (Part  QQ);  establishing  the
          Indian  Point  closure task force and providing for the repeal of such
          provisions upon expiration thereof (Part RR); to  amend  the  environ-
          mental  conservation  law,  in relation to pesticide registration time
          frames and fees; and to amend chapter 67 of the laws of 1992, amending
          the environmental  conservation  law  relating  to  pesticide  product
          registration  timetables  and  fees,  in relation to the effectiveness
          thereof (Part SS); to amend  the  New  York  state  urban  development
          corporation  act, in relation to the life sciences initiatives program
          (Part TT);  and  to  amend  the  environmental  conservation  law,  in
          relation to retrofit technology for diesel-fueled vehicles (Part UU)
 
          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 2017-2018
     3  state  fiscal  year.  Each  component  is wholly contained within a Part
     4  identified as Parts A through UU. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-
     7  ing the effective date of the Part, which makes a reference to a section
     8  "of this act", when used in connection with that  particular  component,
     9  shall  be  deemed  to mean and refer to the corresponding section of the
    10  Part in which it is found. Section three of  this  act  sets  forth  the
    11  general effective date of this act.
 
    12                                   PART A
 
    13    Section  1.  Section  13  of part U1 of chapter 62 of the laws of 2003
    14  amending the vehicle and traffic law and other laws relating to increas-
    15  ing certain motor vehicle transaction fees, as amended by section  1  of
    16  part A of chapter 58 of the laws of 2015, is amended to read as follows:
    17    §  13.  This  act shall take effect immediately; provided however that
    18  sections one through seven of this act, the amendments to subdivision  2
    19  of  section  205  of  the tax law made by section eight of this act, and
    20  section nine of this act shall expire and be deemed repealed on April 1,
    21  2020; [provided further, however, that the amendments to  subdivision  3
    22  of  section  205  of the tax law made by section eight of this act shall
    23  expire and be deemed repealed on  March  31,  2018;]  provided  further,
    24  however,  that  the  provisions of section eleven of this act shall take
    25  effect April 1, 2004 and shall expire and be deemed repealed on April 1,
    26  2020.
    27    § 2. This act shall take effect immediately and  shall  be  deemed  to
    28  have been in full force and effect on and after April 1, 2017.
 
    29                                   PART B
 
    30    Section 1. The sixth undesignated paragraph of paragraph (f) of subdi-
    31  vision  15  of section 385 of the vehicle and traffic law, as amended by
    32  section 4 of part C of chapter 59 of the laws of  2004,  is  amended  to
    33  read as follows:
    34    Until  June  thirtieth,  nineteen  hundred  ninety-four,  no more than
    35  sixteen thousand power units shall  be  issued  annual  permits  by  the
    36  department  for  any  twelve-month  period in accordance with this para-

        S. 2008--C                          4                         A. 3008--C
 
     1  graph. After June thirtieth, nineteen hundred ninety-four, no more  than
     2  sixteen thousand five hundred power units shall be issued annual permits
     3  by  the  department  for any twelve-month period. After December thirty-
     4  first,  nineteen  hundred  ninety-five,  no more than seventeen thousand
     5  power units shall be issued annual permits by  the  department  for  any
     6  twelve-month period. After December thirty-first, two thousand three, no
     7  more than twenty-one thousand power units shall be issued annual permits
     8  by  the  department  for any twelve-month period. After December thirty-
     9  first, two thousand five, no more than twenty-two thousand  power  units
    10  shall  be  issued  annual permits by the department for any twelve-month
    11  period. After December thirty-first, two  thousand  six,  no  more  than
    12  twenty-three  thousand power units shall be issued annual permits by the
    13  department for any twelve-month period. After December thirty-first, two
    14  thousand seven, no more than twenty-four thousand power units  shall  be
    15  issued  annual  permits  by  the department for any twelve-month period.
    16  After December thirty-first, two thousand eight, no  more  than  twenty-
    17  five  thousand power units shall be issued annual permits by the depart-
    18  ment for any twelve-month period. After December thirty-first, two thou-
    19  sand sixteen, no more than twenty-seven thousand power  units  shall  be
    20  issued annual permits by the department for any twelve-month period.
    21    § 2. This act shall take effect immediately.
 
    22                                   PART C
 
    23                            Intentionally Omitted
 
    24                                   PART D
 
    25    Section 1. Intentionally omitted.
    26    §  2.  Subparagraphs  5  and  6  of  paragraph (b) of subdivision 4 of
    27  section 385 of the vehicle and traffic law, subparagraph 5 as amended by
    28  chapter 669 of the laws of 2005, and subparagraph 6 as amended by  chap-
    29  ter  26  of  the  laws  of 2002, are amended and a new subparagraph 7 is
    30  added to read as follows:
    31    5. A vehicle or combination of vehicles which is disabled  and  unable
    32  to  proceed under its own power and is being towed for a distance not in
    33  excess of ten miles for the purpose of repairs or removal from the high-
    34  way, except that the distance to the nearest exit of a controlled-access
    35  highway shall not be considered in determining such ten  mile  distance;
    36  [and]
    37    6.  Stinger-steered  automobile  transporters  or stinger-steered boat
    38  transporters, while operating on qualifying and access  highways.  [Such
    39  vehicles]  Stinger-steered  boat transporters shall not, however, exceed
    40  seventy-five feet exclusive of an overhang of not more than  three  feet
    41  on  the  front  and four feet on the rear of the vehicle[.] and stinger-
    42  steered automobile transporters shall not exceed eighty  feet  exclusive
    43  of  an  overhang of not more than four feet on the front and six feet on
    44  the rear of the vehicle; and
    45    7. A combination of vehicles operating on  any  qualifying  or  access
    46  highways  consisting  of  a  power unit and two trailers or semitrailers
    47  with a total weight that shall not  exceed  twenty-six  thousand  pounds
    48  when  the  overall  length is greater than sixty-five feet but shall not
    49  exceed eighty-two feet in which the trailers or  semitrailers  carry  no
    50  property  and constitute inventory property of a manufacturer, distribu-
    51  tor, or dealer of such trailers or semitrailers.

        S. 2008--C                          5                         A. 3008--C
 
     1    § 3. Paragraph (c) of subdivision 4 of section 385 of the vehicle  and
     2  traffic law, as amended by chapter 26 of the laws of 2002, is amended to
     3  read as follows:
     4    (c)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
     5  sion, an overhang of not more than three feet on the front and four feet
     6  on the rear of an automobile transporter or an overhang of not more than
     7  four feet on the front and six feet on the  rear  of  a  stinger-steered
     8  automobile transporter or an overhang of not more than three feet on the
     9  front and four feet on the rear of a boat transporter or stinger-steered
    10  boat transporter shall be permitted.
    11    §  4. Subdivision 10 of section 385 of the vehicle and traffic law, as
    12  amended by chapter 1008 of the laws of  1983,  is  amended  to  read  as
    13  follows:
    14    10.  A  single vehicle or a combination of vehicles having three axles
    15  or more and equipped with pneumatic tires, when loaded, may have a total
    16  weight on all axles not to exceed thirty-four thousand pounds, plus  one
    17  thousand  pounds  for  each  foot  and  major  fraction of a foot of the
    18  distance from the center of the foremost axle to the center of the rear-
    19  most axle. Axles to be counted as provided in subdivision five  of  this
    20  section. In no case, however, shall the total weight exceed eighty thou-
    21  sand  pounds except for a vehicle if operated by an engine fueled prima-
    22  rily by natural gas which may have a  maximum  gross  weight  of  up  to
    23  eighty-two  thousand  pounds. For any vehicle or combination of vehicles
    24  having a total gross weight less than seventy-one thousand  pounds,  the
    25  higher of the following shall apply:
    26    (a)  the  total weight on all axles shall not exceed thirty-four thou-
    27  sand pounds plus one thousand pounds for each foot and major fraction of
    28  a foot of the distance from the center  of  the  foremost  axle  to  the
    29  center of the rearmost axle, or
    30    (b)  the  overall  gross  weight on a group of two or more consecutive
    31  axles shall not exceed the weight produced by application of the follow-
    32  ing formula:
    33                       W = 500 ((LxN)/(N-1) + (12xN)+36)
    34  where W equals overall gross weight on any group of two or more  consec-
    35  utive  axles  to  the  nearest five hundred pounds, L equals distance in
    36  feet from the center of the foremost axle to the center of the  rearmost
    37  axle  of any group of two or more consecutive axles, and N equals number
    38  of axles in group under consideration, except that two consecutive  sets
    39  of  tandem  axles  may carry a gross load of thirty-four thousand pounds
    40  each providing the overall distance between the first and last axles  of
    41  such consecutive sets of tandem axles is thirty-six feet or more.
    42    For any vehicle or combination of vehicles having a total gross weight
    43  of  seventy-one thousand pounds or greater, paragraph (b) shall apply to
    44  determine maximum gross weight which is permitted hereunder.
    45    § 5. Section 385 of the vehicle and traffic law is amended by adding a
    46  new subdivision 24 to read as follows:
    47    24. The provisions of subdivisions six, seven, eight, nine, ten, elev-
    48  en and twelve of this section shall not apply to any tow truck  that  is
    49  transporting a disabled vehicle from the place where such vehicle became
    50  disabled  to  the  nearest  appropriate  repair facility and has a gross
    51  vehicle weight that is equal to or exceeds the gross vehicle  weight  of
    52  the disabled vehicle being transported.
    53    § 6. Intentionally omitted.
    54    § 7. This act shall take effect immediately.
 
    55                                   PART E

        S. 2008--C                          6                         A. 3008--C
 
     1    Section  1.    The  vehicle and traffic law is amended by adding a new
     2  section 518 to read as follows:
     3    §  518.  Reciprocal  agreements concerning suspension or revocation of
     4  registration of a motor vehicle for violations of toll collection  regu-
     5  lations.  a. The commissioner may execute a reciprocal compact or agree-
     6  ment regarding toll collection violations with the motor vehicle  admin-
     7  istrator  or other authorized official of another state not inconsistent
     8  with the provisions of this chapter. Such  compact  or  agreement  shall
     9  provide  that if a registration of a motor vehicle would be suspended or
    10  revoked pursuant to paragraph d of subdivision  three  of  section  five
    11  hundred  ten  of  this chapter, or pursuant to a comparable law or regu-
    12  lation of another state, because a  registrant  of  such  motor  vehicle
    13  failed  to  pay  tolls  and  related  fees,  or  have such tolls or fees
    14  dismissed or transferred, then the state issuing the registration  shall
    15  likewise  suspend  or  revoke  the  registration  or bar renewal of such
    16  registration, until such registrant has paid  such  tolls  and  fees  or
    17  complied  with  the  rules and regulations of the tolling authority that
    18  imposed such tolls and fees.   Such  compact  or  agreement  shall  also
    19  provide that no such action by a state against a motor vehicle registra-
    20  tion  shall  be  taken  pursuant to such compact or agreement unless the
    21  tolling authority in the other state provides notice,  due  process,  an
    22  opportunity  to be heard and appeal protections for registrants of motor
    23  vehicles, and allows motor vehicle registrants in this state to  present
    24  evidence  by  mail, telephone, electronic means or other means to invoke
    25  rights of due process without having to appear personally in the  juris-
    26  diction where the violations occurred.
    27    b.  Such compact or agreement shall also provide such terms and proce-
    28  dures as are necessary and proper to facilitate its administration.  Any
    29  such  compact  or  agreement shall specify the violations subject to the
    30  compact or agreement, and shall include a  determination  of  comparable
    31  violations  in  each state if any such violations are of a substantially
    32  similar nature but are not denominated or  described  in  precisely  the
    33  same words in each party state.
    34    c.  The  word  "state" when used in this section shall mean any state,
    35  territory, a possession of the United States, the District  of  Columbia
    36  or any province of Canada.
    37    §  2.  (a)  The  commissioner of motor vehicles shall, in consultation
    38  with the thruway authority, the triborough bridge and tunnel  authority,
    39  the  port  authority  of New York and New Jersey, and every other public
    40  authority which operates a toll highway, bridge and/or  tunnel  facility
    41  in the state of New York, submit a report to the governor, the temporary
    42  president  of the senate, the speaker of the assembly, the chairs of the
    43  senate and assembly transportation committees, and  the  chairs  of  the
    44  senate  and assembly corporations, authorities and commissions committee
    45  on reciprocal compacts and agreements entered into pursuant  to  section
    46  518  of  the  vehicle  and  traffic law. Such report shall identify each
    47  state with which the commissioner has entered such a reciprocal  compact
    48  or agreement. Such report shall also include, but not be limited to, the
    49  following information:
    50    I.  The total number of registration suspensions requested, on a quar-
    51  terly basis, by other states for registrants of the state of  New  York,
    52  and  the total number of registration suspensions requested and imposed,
    53  on a quarterly basis, by the state of New York for non-New  York  regis-
    54  trants;
    55    II.  The  number  of  releases  of New York state registrants for toll
    56  violations in other states;

        S. 2008--C                          7                         A. 3008--C
 
     1    III. The total number of active registration suspensions, on  a  quar-
     2  terly  basis,  on  registrants of the state of New York by other states,
     3  and the total number of registration suspensions, on a quarterly  basis,
     4  on non-residents by the state of New York;
     5    IV.  The number of suspensions requested due to tolls and related fees
     6  imposed by each tolling authority;
     7    V. The total number of hearings requested, the total number  of  hear-
     8  ings sustained and the total number not sustained; and,
     9    VI. For each tolling authority within the state of New York, the total
    10  amount of tolls, and the total amount of related fees, both imposed upon
    11  and collected from non-residents.
    12    (b) For purposes of this section, the term "state" shall have the same
    13  meaning  as  such term is defined in subdivision c of section 518 of the
    14  vehicle and traffic law.
    15    § 3. This act shall take effect immediately.
 
    16                                   PART F
 
    17                            Intentionally Omitted
 
    18                                   PART G
 
    19                            Intentionally Omitted
 
    20                                   PART H
 
    21    Section 1. Section 491 of the vehicle and traffic law  is  amended  by
    22  adding a new subdivision 3 to read as follows:
    23    3.  Waiver  of  fee.  The  commissioner  may waive the payment of fees
    24  required by subdivision two of this section if the applicant is a victim
    25  of a crime and the identification card applied for is a replacement  for
    26  one that was lost or destroyed as a result of the crime.
    27    § 2. This act shall take effect on the one hundred twentieth day after
    28  it shall have become a law.
 
    29                                   PART I
 
    30    Section  1. Paragraph (i) of subdivision 2 of section 503 of the vehi-
    31  cle and traffic law, as amended by chapter 55 of the laws  of  1992,  is
    32  amended to read as follows:
    33    (i) A non-resident whose driving privileges have been revoked pursuant
    34  to  sections  five  hundred  ten, eleven hundred ninety-three and eleven
    35  hundred ninety-four of this chapter shall, upon  application  for  rein-
    36  statement  of  such driving privileges, pay to the commissioner of motor
    37  vehicles a fee of [twenty-five] one hundred dollars. When the basis  for
    38  the  revocation  is  a  finding of driving after having consumed alcohol
    39  pursuant to the provisions of section  eleven  hundred  ninety-two-a  of
    40  this  chapter,  the  fee  to  be  paid  to the commissioner shall be one
    41  hundred dollars. Such fee is not refundable and shall not be returned to
    42  the applicant regardless of the action the commissioner may take on such
    43  person's application for reinstatement of such driving privileges.
    44    § 2. This act shall take effect on the one hundred twentieth day after
    45  it shall have become a law.
 
    46                                   PART J

        S. 2008--C                          8                         A. 3008--C
 
     1                            Intentionally Omitted
 
     2                                   PART K
 
     3                            Intentionally Omitted
 
     4                                   PART L
 
     5                            Intentionally Omitted
 
     6                                   PART M
 
     7    Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
     8  of the laws of 1968 constituting the New York  state  urban  development
     9  corporation  act, as amended by section 1 of part F of chapter 58 of the
    10  laws of 2016, is amended to read as follows:
    11    3. The provisions of this section shall  expire,  notwithstanding  any
    12  inconsistent provision of subdivision 4 of section 469 of chapter 309 of
    13  the laws of 1996 or of any other law, on July 1, [2017] 2018.
    14    §  2.  This  act  shall take effect immediately and shall be deemed to
    15  have been in full force and effect on and after July 1, 2017.
 
    16                                   PART N
 
    17    Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
    18  New York state urban development corporation act, relating to the powers
    19  of  the  New  York state urban development corporation to make loans, as
    20  amended by section 1 of part G of chapter 58 of the  laws  of  2016,  is
    21  amended to read as follows:
    22    §  2.  This  act shall take effect immediately provided, however, that
    23  section one of this act shall expire on July 1, [2017]  2018,  at  which
    24  time the provisions of subdivision 26 of section 5 of the New York state
    25  urban  development  corporation  act shall be deemed repealed; provided,
    26  however, that neither the expiration nor the repeal of such  subdivision
    27  as provided for herein shall be deemed to affect or impair in any manner
    28  any  loan  made  pursuant  to the authority of such subdivision prior to
    29  such expiration and repeal.
    30    § 2. This act shall take effect immediately and  shall  be  deemed  to
    31  have been in full force and effect on and after April 1, 2017.
 
    32                                   PART O
 
    33                            Intentionally Omitted
 
    34                                   PART P
 
    35                            Intentionally Omitted
 
    36                                   PART Q
 
    37    Section  1.  Section 2 of chapter 21 of the laws of 2003, amending the
    38  executive law relating to permitting the secretary of state  to  provide
    39  special  handling  for  all documents filed or issued by the division of
    40  corporations and to permit additional levels of such expedited  service,
    41  as  amended by section 1 of part M of chapter 58 of the laws of 2016, is
    42  amended to read as follows:

        S. 2008--C                          9                         A. 3008--C
 
     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,  [2017]
     4  2018.
     5    §  2.  This  act  shall take effect immediately and shall be deemed to
     6  have been in full force and effect on and after March 31, 2017.
 
     7                                   PART R
 
     8                            Intentionally Omitted

     9                                   PART S
 
    10    Section 1. Subdivision 1 of section 441-b of the real property law, as
    11  amended by chapter 324 of the laws  of  1998,  is  amended  to  read  as
    12  follows:
    13    1.  The  fee  for a license issued or reissued under the provisions of
    14  this article  entitling  a  person,  co-partnership,  limited  liability
    15  company  or  corporation  to  act  as a real estate broker shall be [one
    16  hundred fifty] one hundred fifty-five dollars. The  fee  for  a  license
    17  issued  or  reissued  under  the  provisions of this article entitling a
    18  person to act as a real estate  salesman  shall  be  [fifty]  fifty-five
    19  dollars.  Notwithstanding the provisions of subdivision seven of section
    20  four hundred forty-one-a of this article, after January first,  nineteen
    21  hundred  eighty-six, the secretary of state shall assign staggered expi-
    22  ration dates for outstanding licenses that have been previously  renewed
    23  on  October  thirty-first  of  each  year  from the assigned date unless
    24  renewed. If the assigned date results in a term that exceeds twenty-four
    25  months, the  applicant  shall  pay  an  additional  prorated  adjustment
    26  together  with  the  regular  renewal  fee. The secretary of state shall
    27  assign dates to existing licenses in a manner which shall  result  in  a
    28  term of not less than two years.
    29    § 2. This act shall take effect immediately.
 
    30                                   PART T
 
    31    Section  1.  Subdivision  2  of  section  54-1101 of the environmental
    32  conservation law, as amended by section 4 of part U of chapter 58 of the
    33  laws of 2016, is amended to read as follows:
    34    2. State assistance payments and/or technical assistance,  as  defined
    35  in section nine hundred seventeen of the executive law, shall not exceed
    36  [fifty] seventy-five percent of the cost of the program provided, howev-
    37  er,  in  environmental  justice  communities,  such  assistance payments
    38  and/or technical assistance shall not exceed eighty-five percent of  the
    39  cost  of the program. For the purpose of determining the amount of state
    40  assistance payments, costs shall not be more than the amount  set  forth
    41  in  the application for state assistance payments approved by the secre-
    42  tary. The state assistance payments shall be paid on audit  and  warrant
    43  of  the state comptroller on a certificate of availability of the direc-
    44  tor of the budget.
    45    § 2. The opening paragraph and paragraph a of subdivision 1 of section
    46  918 of the executive law, as added by chapter 840 of the laws  of  1981,
    47  are amended to read as follows:
    48    The  secretary  may  enter  into a contract or contracts for grants or
    49  payments to be made, within the limits of any  appropriations  therefor,
    50  for the following:

        S. 2008--C                         10                         A. 3008--C
 
     1    a.  To any local governments, or to two or more local governments, for
     2  projects approved by the secretary which lead to preparation of a water-
     3  front revitalization program; provided, however,  that  such  grants  or
     4  payments  shall  not exceed [fifty] seventy-five percent of the approved
     5  cost of such projects provided, however, in environmental justice commu-
     6  nities,  such  assistance payments and/or technical assistance shall not
     7  exceed eighty-five percent of the cost of the program;
     8    § 3. This act shall take effect immediately.
 
     9                                   PART U
 
    10                            Intentionally Omitted
 
    11                                   PART V
 
    12    Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
    13  laws  of  2017  to  the  department  of agriculture and markets from the
    14  special  revenue  funds-other/state  operations,  miscellaneous  special
    15  revenue  fund-339,  public  service  account  shall  be  subject  to the
    16  provisions of this section. Notwithstanding any other provision  of  law
    17  to the contrary, direct and indirect expenses relating to the department
    18  of   agriculture   and  markets'  participation  in  general  ratemaking
    19  proceedings pursuant to section 65 of the public service law or  certif-
    20  ication  proceedings  pursuant  to article 7 or 10 of the public service
    21  law, shall be deemed expenses of the department of public service within
    22  the meaning of section 18-a of the public service  law.  No  later  than
    23  August  15,  2018, the commissioner of the department of agriculture and
    24  markets shall submit an accounting of such expenses, including, but  not
    25  limited  to,  expenses  in the 2017 -- 2018 fiscal year for personal and
    26  non-personal services and fringe benefits, to the chair  of  the  public
    27  service  commission for the chair's review pursuant to the provisions of
    28  section 18-a of the public service law.
    29    § 2. Expenditures of moneys appropriated in a chapter of the  laws  of
    30  2017  to  the  department  of  state  from  the  special  revenue funds-
    31  other/state operations, miscellaneous special revenue  fund-339,  public
    32  service  account  shall  be  subject  to the provisions of this section.
    33  Notwithstanding any other provision of law to the contrary,  direct  and
    34  indirect  expenses  relating  to  the  activities  of  the department of
    35  state's utility intervention unit pursuant to subdivision 4  of  section
    36  94-a  of  the executive law, including, but not limited to participation
    37  in general ratemaking proceedings pursuant to section 65 of  the  public
    38  service  law or certification proceedings pursuant to article 7 or 10 of
    39  the public service law, shall be deemed expenses of  the  department  of
    40  public  service within the meaning of section 18-a of the public service
    41  law.  No later than August 15, 2018, the secretary of state shall submit
    42  an accounting of such expenses, including, but not limited to,  expenses
    43  in  the  2017 -- 2018 fiscal year for personal and non-personal services
    44  and fringe benefits, to the chair of the public service  commission  for
    45  the  chair's  review  pursuant  to the provisions of section 18-a of the
    46  public service law.
    47    § 3. Expenditures of moneys appropriated in a chapter of the  laws  of
    48  2017  to  the office of parks, recreation and historic preservation from
    49  the special revenue funds-other/state operations, miscellaneous  special
    50  revenue  fund-339,  public  service  account  shall  be  subject  to the
    51  provisions of this section. Notwithstanding any other provision  of  law
    52  to  the contrary, direct and indirect expenses relating to the office of

        S. 2008--C                         11                         A. 3008--C

     1  parks, recreation and historic preservation's participation  in  general
     2  ratemaking  proceedings pursuant to section 65 of the public service law
     3  or certification proceedings pursuant to article 7 or 10 of  the  public
     4  service  law,  shall  be  deemed  expenses  of  the department of public
     5  service within the meaning of section 18-a of the public service law. No
     6  later than August 15, 2018, the commissioner of  the  office  of  parks,
     7  recreation  and historic preservation shall submit an accounting of such
     8  expenses, including, but not limited to, expenses in the  2017  --  2018
     9  fiscal  year for personal and non-personal services and fringe benefits,
    10  to the chair of the public service commission  for  the  chair's  review
    11  pursuant to the provisions of section 18-a of the public service law.
    12    §  4.  Expenditures of moneys appropriated in a chapter of the laws of
    13  2017 to the department of environmental conservation  from  the  special
    14  revenue funds-other/state operations, environmental conservation special
    15  revenue  fund-301,  utility  environmental  regulation  account shall be
    16  subject to the provisions of this  section.  Notwithstanding  any  other
    17  provision  of law to the contrary, direct and indirect expenses relating
    18  to the department of environmental conservation's participation in state
    19  energy policy proceedings,  or  certification  proceedings  pursuant  to
    20  article  7  or 10 of the public service law, shall be deemed expenses of
    21  the department of public service within the meaning of section  18-a  of
    22  the  public service law. No later than August 15, 2018, the commissioner
    23  of the department of environmental conservation shall submit an account-
    24  ing of such expenses, including, but not limited  to,  expenses  in  the
    25  2017  --  2018  fiscal  year  for personal and non-personal services and
    26  fringe benefits, to the chair of the public service commission  for  the
    27  chair's  review pursuant to the provisions of section 18-a of the public
    28  service law.
    29    § 5. Notwithstanding any other law, rule or regulation to the  contra-
    30  ry,  expenses  of  the  department  of  health  public service education
    31  program incurred pursuant to appropriations from  the  cable  television
    32  account of the state miscellaneous special revenue funds shall be deemed
    33  expenses  of  the department of public service. No later than August 15,
    34  2018, the commissioner of the  department  of  health  shall  submit  an
    35  accounting  of  expenses in the 2017 -- 2018 fiscal year to the chair of
    36  the public service commission for the chair's  review  pursuant  to  the
    37  provisions of section 217 of the public service law.
    38    §  6.  Any  expense  deemed to be expenses of the department of public
    39  service pursuant to sections one through four of this act shall  not  be
    40  recovered  through  assessments  imposed  upon telephone corporations as
    41  defined in subdivision 17 of section 2 of the public service law.
    42    § 7. This act shall take effect immediately and  shall  be  deemed  to
    43  have  been in full force and effect on and after April 1, 2017 and shall
    44  be deemed repealed April 1, 2018.
 
    45                                   PART W
 
    46    Section 1. Section 2 of Part BB of chapter 58 of  the  laws  of  2012,
    47  amending the public authorities law relating to authorizing the dormito-
    48  ry  authority  to  enter into certain design and construction management
    49  agreements, as amended by section 1 of part S of chapter 58 of the  laws
    50  of 2015, is amended to read as follows:
    51    §  2.  This  act shall take effect immediately and shall expire and be
    52  deemed repealed April 1, [2017] 2019.
    53    § 2. Within 90 days of the effective date of this act,  the  dormitory
    54  authority  of  the  state  of  New York shall provide a report providing

        S. 2008--C                         12                         A. 3008--C
 
     1  information regarding any project undertaken pursuant to  a  design  and
     2  construction  management  agreement, as authorized by part BB of chapter
     3  58 of the laws of 2012, between the dormitory authority of the state  of
     4  New  York  and  the  department of environmental conservation and/or the
     5  office of parks, recreation and historic preservation to  the  governor,
     6  the  temporary president of the senate and speaker of the assembly. Such
     7  report shall include but not be limited to a description  of  each  such
     8  project,  the  project  identification  number  of each such project, if
     9  applicable, the projected date of completion, the status of the project,
    10  the total cost or projected cost of each such project, and the location,
    11  including the names of any county, town, village  or  city,  where  each
    12  such project is located or proposed. In addition, such a report shall be
    13  provided to the aforementioned parties by the first day of March of each
    14  year  that  the authority to enter into such agreements pursuant to part
    15  BB of chapter 58 of the laws of 2012 is in effect.
    16    § 3. This act shall take effect immediately and  shall  be  deemed  to
    17  have been in effect on and after April 1, 2017.
 
    18                                   PART X
 
    19                            Intentionally Omitted

    20                                   PART Y
 
    21                            Intentionally Omitted
 
    22                                   PART Z
 
    23                            Intentionally Omitted
 
    24                                   PART AA
 
    25                            Intentionally Omitted
 
    26                                   PART BB
 
    27                            Intentionally Omitted
 
    28                                   PART CC
 
    29                            Intentionally Omitted
 
    30                                   PART DD
 
    31                            Intentionally Omitted
 
    32                                   PART EE
 
    33                            Intentionally Omitted
 
    34                                   PART FF
 
    35    Section  1. Paragraph (b) of subdivision 6 of section 1304 of the real
    36  property actions and proceedings law, as amended by section 7 of part  Q
    37  of chapter 73 of the laws of 2016, is amended to read as follows:

        S. 2008--C                         13                         A. 3008--C
 
     1    (b)  (1)  "Home  loan" means a home loan, including an open-end credit
     2  plan, [other than a reverse mortgage transaction,] in which:
     3    (i) The principal amount of the loan at origination did not exceed the
     4  conforming  loan  size  that was in existence at the time of origination
     5  for a comparable dwelling as established by the federal housing adminis-
     6  tration or federal national mortgage association;
     7    (ii) The borrower is a natural person;
     8    (iii) The debt is incurred by the  borrower  primarily  for  personal,
     9  family, or household purposes;
    10    (iv) The loan is secured by a mortgage or deed of trust on real estate
    11  upon  which  there  is  located or there is to be located a structure or
    12  structures intended principally for occupancy of from one to four  fami-
    13  lies  which  is  or  will  be occupied by the borrower as the borrower's
    14  principal dwelling; and
    15    (v) The property is located in this state.
    16    (2) A home loan shall include a loan secured  by  a  reverse  mortgage
    17  that  meets  the requirements of clauses (i) through (v) of subparagraph
    18  one of this paragraph.
    19    § 2. Subdivision (a) of rule 3408 of the civil practice law and rules,
    20  as amended by section 2 of part Q of chapter 73 of the laws of 2016,  is
    21  amended to read as follows:
    22    (a)  [In]  1. Except as provided in paragraph two of this subdivision,
    23  in any residential foreclosure action involving a home loan as such term
    24  is defined in section thirteen hundred four of the real property actions
    25  and proceedings law, in which the defendant is a resident of the proper-
    26  ty subject to foreclosure, plaintiff shall file proof of service  within
    27  twenty  days  of  such  service,  however service is made, and the court
    28  shall hold a mandatory conference within sixty days after the date  when
    29  proof  of service upon such defendant is filed with the county clerk, or
    30  on such adjourned date as has been agreed to by  the  parties,  for  the
    31  purpose  of  holding  settlement  discussions pertaining to the relative
    32  rights and obligations of the parties under the mortgage loan documents,
    33  including, but not limited to: [1.] (i) determining whether the  parties
    34  can  reach  a  mutually agreeable resolution to help the defendant avoid
    35  losing his or her home, and evaluating the potential for a resolution in
    36  which payment schedules or amounts may  be  modified  or  other  workout
    37  options  may be agreed to, including, but not limited to, a loan modifi-
    38  cation, short sale, deed in lieu of foreclosure, or any other loss miti-
    39  gation option; or [2.] (ii) whatever  other  purposes  the  court  deems
    40  appropriate.
    41    2.  (i)  Paragraph  one  of this subdivision shall not apply to a home
    42  loan secured by a reverse mortgage where the default  was  triggered  by
    43  the death of the last surviving borrower unless:
    44    (A) the last surviving borrower's spouse, if any, is a resident of the
    45  property subject to foreclosure; or
    46    (B)  the  last  surviving  borrower's  successor  in interest, who, by
    47  bequest or through intestacy, owns, or has a claim to the  ownership  of
    48  the  property  subject  to  foreclosure,  and who was a resident of such
    49  property at the time of the death of such last surviving borrower.
    50    (ii) The superintendent of  financial  services  may  promulgate  such
    51  rules and regulations as he or she shall deem necessary to implement the
    52  provisions of this paragraph.
    53    § 3. This act shall take effect immediately; provided, however, that:
    54    (a)  the  amendments to paragraph (b) of subdivision 6 of section 1304
    55  of the real property actions and proceedings law, made by section one of

        S. 2008--C                         14                         A. 3008--C
 
     1  this act, shall take effect on the same date and in the same  manner  as
     2  section 7 of part Q of chapter 73 of the laws of 2016 takes effect; and
     3    (b)  the amendments to subdivision (a) of rule 3408 of the civil prac-
     4  tice law and rules, made by section two of this act, shall be subject to
     5  the expiration and reversion of such subdivision pursuant to subdivision
     6  e of section 25 of chapter 507 of the laws of 2009, as amended.
 
     7                                   PART GG
 
     8                            Intentionally Omitted
 
     9                                   PART HH
 
    10    Section 1. Paragraph (a) of subdivision 2 of section 179 of the  navi-
    11  gation  law, as amended by section 2 of part X of chapter 58 of the laws
    12  of 2015, is amended to read as follows:
    13    (a) An account which shall be  credited  with  all  license  fees  and
    14  penalties  collected  pursuant  to  paragraph (b) of subdivision one and
    15  paragraph (a) of subdivision four of section one hundred seventy-four of
    16  this article except as provided in section one hundred seventy-nine-a of
    17  this article, the portion of the surcharge collected pursuant  to  para-
    18  graph  (d)  of  subdivision  four of section one hundred seventy-four of
    19  this article, penalties collected pursuant to paragraph (b) of  subdivi-
    20  sion  four  of section one hundred seventy-four-a of this article, money
    21  collected pursuant to section one hundred eighty-seven of this  article,
    22  all  penalties  collected  pursuant to section one hundred ninety-two of
    23  this article, and registration fees collected  pursuant  to  subdivision
    24  two of section 17-1009 of the environmental conservation law.
    25    §  2.  The  navigation law is amended by adding a new section 179-a to
    26  read as follows:
    27    § 179-a. New  York  environmental  protection  and  spill  remediation
    28  account.  1. There is hereby created an account within the miscellaneous
    29  capital projects fund, the New York environmental protection  and  spill
    30  remediation  account.  The  New  York environmental protection and spill
    31  remediation account shall consist of license fees received by the  state
    32  pursuant  to  section  one  hundred  seventy-four of this article, in an
    33  amount equal to expenditures made from this account.
    34    2. These moneys, after appropriation by the  legislature,  and  within
    35  the  amounts  set forth and for the several purposes specified, shall be
    36  available to reimburse the department of environmental conservation  for
    37  expenditures  associated  with the purposes of costs incurred under this
    38  article, including cleanup and removal of petroleum  spills,  and  other
    39  capital, investigation, maintenance and remediation costs.
    40    3.  All  payments  made from the New York environmental protection and
    41  spill remediation account  shall  be  made  by  the  administrator  upon
    42  certification by the commissioner.
    43    4.  Spending  pursuant to this section shall be included in the annual
    44  report required by section one hundred ninety-six of this article.
    45    § 3. Subdivision 3 of section 176 of the navigation law, as  added  by
    46  chapter 845 of the laws of 1977, is amended to read as follows:
    47    3. Any unexplained discharge of petroleum within state jurisdiction or
    48  discharge  of  petroleum  occurring  in waters beyond state jurisdiction
    49  that for any  reason  penetrates  within  state  jurisdiction  shall  be
    50  removed  by  or  under the direction of the department. Except for those
    51  expenses incurred by the party  causing  such  discharge,  any  expenses
    52  incurred  in  the  removal of discharges shall be paid promptly from the

        S. 2008--C                         15                         A. 3008--C
 
     1  New York environmental protection and spill compensation  fund  pursuant
     2  to  [section] sections one hundred and eighty-six and one hundred seven-
     3  ty-nine-a of this article and any reimbursements due such fund shall  be
     4  collected  in  accordance with the provisions of section one hundred and
     5  eighty-seven of this article.
     6    § 4. This act shall take effect immediately and  shall  be  deemed  to
     7  have been in full force and effect on and after April 1, 2017.
 
     8                                   PART II
 
     9                            Intentionally Omitted
 
    10                                   PART JJ
 
    11    Section 1. Paragraph (a) of subdivision 6 of section 92-s of the state
    12  finance  law,  as amended by chapter 432 of the laws of 1997, is amended
    13  to read as follows:
    14    (a) All moneys heretofore and hereafter deposited in the environmental
    15  protection transfer account shall be transferred by the  comptroller  to
    16  the solid waste account, the parks, recreation and historic preservation
    17  account,  the  climate  change  mitigation and adaptation account or the
    18  open space account upon the request of the director of the budget.
    19    § 2. Subdivision 5 of section 27-1012 of the  environmental  conserva-
    20  tion law, as amended by section 6 of part F of chapter 58 of the laws of
    21  2013, is amended to read as follows:
    22    5.  All  [monies]  moneys  collected  or received by the department of
    23  taxation and finance pursuant to this title shall be  deposited  to  the
    24  credit of the comptroller with such responsible banks, banking houses or
    25  trust  companies  as may be designated by the comptroller. Such deposits
    26  shall be kept separate and apart from all other moneys in the possession
    27  of the comptroller. The comptroller shall require adequate security from
    28  all such depositories. Of the total revenue collected,  the  comptroller
    29  shall  retain  the amount determined by the commissioner of taxation and
    30  finance to be necessary for refunds out of which  the  comptroller  must
    31  pay  any  refunds  to  which  a deposit initiator may be entitled. After
    32  reserving the amount to pay refunds, the comptroller must, by the  tenth
    33  day  of  each  month,  pay  into the state treasury to the credit of the
    34  general fund the revenue deposited under  this  subdivision  during  the
    35  preceding  calendar  month  and remaining to the comptroller's credit on
    36  the last day of that preceding month; provided, however, that, beginning
    37  April first, two thousand thirteen, nineteen million  dollars,  and  all
    38  fiscal years thereafter, [fifteen] twenty-three million dollars plus all
    39  funds received from the payments due each fiscal year pursuant to subdi-
    40  vision  four  of  this  section  in  excess of the greater of the amount
    41  received from April first, two thousand  twelve  through  March  thirty-
    42  first,  two  thousand  thirteen  or  one  hundred twenty-two million two
    43  hundred thousand dollars, shall be deposited to the credit of the  envi-
    44  ronmental  protection  fund established pursuant to section ninety-two-s
    45  of the state finance law.
    46    § 2-a. Subdivision 3 of section 92-s of  the  state  finance  law,  as
    47  amended  by  section  11 of part F of chapter 58 of the laws of 2013, is
    48  amended to read as follows:
    49    3. Such fund shall consist of the amount of revenue  collected  within
    50  the  state  from the amount of revenue, interest and penalties deposited
    51  pursuant to section fourteen hundred twenty-one  of  the  tax  law,  the
    52  amount  of fees and penalties received from easements or leases pursuant

        S. 2008--C                         16                         A. 3008--C
 
     1  to subdivision fourteen of section seventy-five of the public lands  law
     2  and  the  money  received  as annual service charges pursuant to section
     3  four hundred [four-l] four-n of the vehicle and traffic law, all  moneys
     4  required  to  be  deposited  therein  from  the contingency reserve fund
     5  pursuant to section two hundred ninety-four of  chapter  fifty-seven  of
     6  the  laws  of  nineteen  hundred ninety-three, all moneys required to be
     7  deposited pursuant to section thirteen of chapter six hundred ten of the
     8  laws of nineteen hundred ninety-three, repayments of loans made pursuant
     9  to section 54-0511 of the environmental conservation law, all moneys  to
    10  be  deposited  from  the  Northville  settlement pursuant to section one
    11  hundred twenty-four of chapter three hundred nine of the laws  of  nine-
    12  teen  hundred  ninety-six, provided however, that such moneys shall only
    13  be used for the cost of the purchase of private lands in the  core  area
    14  of the central Suffolk pine barrens pursuant to a consent order with the
    15  Northville  industries  signed  on  October thirteenth, nineteen hundred
    16  ninety-four and the related resource restoration and  replacement  plan,
    17  the  amount  of  penalties  required  to be deposited therein by section
    18  71-2724 of the environmental conservation law, all moneys required to be
    19  deposited pursuant to article thirty-three of the environmental  conser-
    20  vation  law, all fees collected pursuant to subdivision eight of section
    21  70-0117 of the environmental  conservation  law,  all  moneys  collected
    22  pursuant  to  title thirty-three of article fifteen of the environmental
    23  conservation law, beginning with the fiscal  year  commencing  on  April
    24  first,  two  thousand thirteen, nineteen million dollars, and all fiscal
    25  years thereafter, [fifteen] twenty-three million dollars plus all  funds
    26  received  by  the state each fiscal year in excess of the greater of the
    27  amount received from April first,  two  thousand  twelve  through  March
    28  thirty-first,  two  thousand  thirteen or one hundred twenty-two million
    29  two hundred thousand dollars, from the payments  collected  pursuant  to
    30  subdivision  four  of  section 27-1012 of the environmental conservation
    31  law and all funds collected pursuant to section 27-1015 of the  environ-
    32  mental conservation law, provided such funds shall not be less than four
    33  million dollars for the fiscal year commencing April first, two thousand
    34  thirteen,  and  not less than eight million dollars for all fiscal years
    35  thereafter and all other moneys credited or transferred thereto from any
    36  other fund or source pursuant to law. All such revenue shall be initial-
    37  ly deposited into the environmental protection fund, for application  as
    38  provided in subdivision five of this section.
    39    § 2-b. Section 12 of part F of chapter 58 of the laws of 2013 amending
    40  the environmental conservation law and the state finance law relating to
    41  the  "Cleaner,  Greener NY Act of 2013", as amended by section 1 of part
    42  DD of chapter 58 of the laws of 2015, is amended to read as follows:
    43    § 12. This act shall take effect immediately and shall  be  deemed  to
    44  have been in full force and effect on and after April 1, 2013; provided,
    45  however,  that  the  amendments to subdivision 5-a of section 27-1015 of
    46  the environmental conservation law, as added by  section  nine  of  this
    47  act, shall expire and be deemed repealed on April 1, [2017] 2019.
    48    §  3.  This  act  shall take effect immediately and shall be deemed to
    49  have been in full force and effect on and after April 1, 2017.
 
    50                                   PART KK
 
    51                            Intentionally Omitted
 
    52                                   PART LL

        S. 2008--C                         17                         A. 3008--C
 
     1    Section 1. The public authorities law  is  amended  by  adding  a  new
     2  section 1005-d to read as follows:
     3    §  1005-d.  Sharing  employees,  services and resources; indemnity and
     4  defense.  1. For the purposes of this section, the following  words  and
     5  terms  shall  have  the  following meanings unless the context indicates
     6  another meaning or intent:
     7    (a) "Department" means the department of transportation.
     8    2. A shared services agreement may be executed between the  department
     9  and the authority, canal corporation, or both of them, only for an emer-
    10  gency  situation  or  extreme  weather  conditions,  to share employees,
    11  services or resources as deemed appropriate including, but  not  limited
    12  to,  for the performance of work and activities by the department on the
    13  facilities and property under the jurisdiction of the authority or canal
    14  corporation, and for the performance  of  work  and  activities  by  the
    15  authority  or canal corporation on the facilities and property under the
    16  jurisdiction of the department. Such agreement or any project undertaken
    17  pursuant to such an agreement shall not be deemed to impair  the  rights
    18  of  bondholders  and may provide for, but not be limited to, the manage-
    19  ment, supervision and direction of such employees' performance  of  such
    20  services.  Such agreement shall provide that the term shall not be long-
    21  er  than ten days.  All shared employees shall remain employees of their
    22  respective employers and all applicable  collectively  bargained  agree-
    23  ments  shall  remain  in  effect  for  the  entire  length of the shared
    24  services agreement. Further, such shared services  agreement  shall  not
    25  amend, repeal or replace the terms of any agreement that is collectively
    26  negotiated  between  an employer and an employee organization, including
    27  an agreement or interest arbitration  award  made  pursuant  to  article
    28  fourteen of the civil service law.
    29    3. The authority shall defend any unit, entity, officer or employee of
    30  the  department,  using  the forces of the department of law pursuant to
    31  subdivision eleven of this section in  any  action,  proceeding,  claim,
    32  demand  or  the  prosecution of any appeal arising from or occasioned by
    33  the acts or omissions to act in the performance of the functions of  the
    34  authority or canal corporation pursuant to a shared services agreement.
    35    4.  Defense  pursuant  to  subdivision  three of this section shall be
    36  conditioned upon the full cooperation of the department.
    37    5. The authority shall indemnify and hold harmless any  unit,  entity,
    38  officer  or  employee  of  the  department in the amount of any judgment
    39  obtained against the department or in the amount of any  settlement  the
    40  department enters into with the consent of the authority for any and all
    41  claims, damages or liabilities arising from or occasioned by the acts or
    42  omissions  to  act  of  the authority or canal corporation pursuant to a
    43  shared services agreement; provided, however, that the act  or  omission
    44  from which such judgment or settlement arose occurred while the authori-
    45  ty  or  canal  corporation  was acting within the scope of its functions
    46  pursuant to a shared services agreement. No such settlement of any  such
    47  action,  proceeding,  claim or demand shall be made without the approval
    48  of the authority's board of trustees or its designee.
    49    6. Any claim or proceeding commenced against any unit, entity, officer
    50  or employee of the authority or canal corporation that  arises  pursuant
    51  to  any  shared  services agreement shall not be construed in any way to
    52  impair, alter, limit, modify, abrogate or restrict any  immunity  avail-
    53  able  to  or conferred upon any unit, entity, officer or employee of the
    54  authority or canal corporation, or  to  impair,  alter,  limit,  modify,
    55  abrogate  or  restrict any right to defense and indemnification provided
    56  for any governmental officer or employee by, in accordance with,  or  by

        S. 2008--C                         18                         A. 3008--C
 
     1  reason  of,  any other provision of state or federal statutory or common
     2  law.
     3    7. (a) The state shall defend any unit, entity, officer or employee of
     4  the  authority  and canal corporation using the forces of the department
     5  of law in any action, proceeding, claim, demand or  the  prosecution  of
     6  any appeal arising from or occasioned by the acts or omissions to act in
     7  the  performance of the functions of the department pursuant to a shared
     8  services agreement.
     9    (b) Defense pursuant to paragraph (a) of  this  subdivision  shall  be
    10  conditioned  upon the full cooperation of the authority and canal corpo-
    11  ration.
    12    (c) The state shall indemnify and  hold  harmless  any  unit,  entity,
    13  officer  or employee of the authority or canal corporation in the amount
    14  of any judgment obtained against the authority or canal  corporation  in
    15  the  amount  of any settlement the authority or canal corporation enters
    16  into with the consent of the state for any and all  claims,  damages  or
    17  liabilities  arising  from or occasioned by the acts or omissions to act
    18  on behalf of the department pursuant to  a  shared  services  agreement,
    19  provided,  however, that the act or omission from which such judgment or
    20  settlement arose occurred while the department  was  acting  within  the
    21  scope of its functions pursuant to a shared services agreement. Any such
    22  settlement  shall  be executed pursuant to section twenty-a of the court
    23  of claims act.
    24    (d) Any claim or proceeding commenced against any unit, entity,  offi-
    25  cer or employee of the department pursuant to any shared services agree-
    26  ment  shall not be construed in any way to impair, alter, limit, modify,
    27  abrogate or restrict any immunity available to  or  conferred  upon  any
    28  unit,  entity,  officer  or  employee  of  the department, or to impair,
    29  alter, limit, modify, abrogate or restrict  any  right  to  defense  and
    30  indemnification provided for any governmental officer or employee by, in
    31  accordance with, or by reason of, any other provision of state or feder-
    32  al statutory or common law.
    33    (e)  Any  payment made pursuant to this subdivision or any monies paid
    34  for a claim against or settlement  with  the  department,  authority  or
    35  canal  corporation pursuant to this subdivision and pursuant to a shared
    36  services agreement shall be paid from appropriations for payment by  the
    37  state pursuant to the court of claims act.
    38    8.  This  section  shall  not  in any way affect the obligation of any
    39  claimant to give notice to the state, authority,  or  canal  corporation
    40  under  section  ten and section eleven of the court of claims act or any
    41  other provision of law provided, however, that notice  served  upon  the
    42  state,  authority,  or  canal  corporation  who is a party to the shared
    43  services agreement shall be valid notice on all parties  to  the  agree-
    44  ment,  when such claim arises out of such shared services agreement. The
    45  state, authority and canal corporation shall notify each other when they
    46  receive a notice of claim, notice of intention to  make  a  claim  or  a
    47  claim arising out of such agreement.
    48    9.  The  provisions  of this section shall not be construed to impair,
    49  alter, limit or modify the rights and obligations of any  insurer  under
    50  any insurance agreement.
    51    10. Notwithstanding any other provision of law, when employed pursuant
    52  to a shared services agreement, employees of the authority, canal corpo-
    53  ration and department shall be deemed employees of all such entities and
    54  the state for purposes of the workers' compensation law.
    55    11. At the request of the authority or canal corporation, services and
    56  assistance  and  legal  services  for the authority or canal corporation

        S. 2008--C                         19                         A. 3008--C
 
     1  shall be performed by forces or  officers  of  the  department  and  the
     2  department  of  law  respectively, and all other state officers, depart-
     3  ments, boards, divisions and commissions shall  render  services  within
     4  their respective functions.
     5    § 2. Subdivision 1 of section 17 of the public officers law is amended
     6  by adding a new paragraph (z) to read as follows:
     7    (z)  For  purposes  of this section, the term "employee" shall include
     8  members of the governing board, officers and employees of the  New  York
     9  state canal corporation.
    10    § 3. This act, being necessary for the prosperity of the state and its
    11  inhabitants,  shall  be  liberally  construed to effect the purposes and
    12  secure the beneficial intents hereof.
    13    § 4. If any provision of any section of this act  or  the  application
    14  thereof  to  any  person  or circumstance shall be adjudged invalid by a
    15  court of  competent  jurisdiction,  such  order  or  judgment  shall  be
    16  confined  in  its operation to the controversy in which it was rendered,
    17  and shall not affect or invalidate the remainder of any provision of any
    18  section of this act or the application thereof to any  other  person  or
    19  circumstance  and to this end the provisions of each section of this act
    20  are hereby declared to be severable.
    21    § 5. This act shall take effect immediately.
 
    22                                   PART MM
 
    23    Section 1. Expenditures  of  moneys  by  the  New  York  state  energy
    24  research  and  development  authority  for  services and expenses of the
    25  energy  research,  development  and  demonstration  program,   including
    26  grants, the energy policy and planning program, the zero emissions vehi-
    27  cle  and  electric vehicle rebate program, and the Fuel NY program shall
    28  be subject to  the  provisions  of  this  section.  Notwithstanding  the
    29  provisions of subdivision 4-a of section 18-a of the public service law,
    30  all  moneys committed or expended in an amount not to exceed $19,700,000
    31  shall be reimbursed by assessment against gas corporations,  as  defined
    32  in  subdivision  11  of section 2 of the public service law and electric
    33  corporations as defined in subdivision 13 of section  2  of  the  public
    34  service  law, where such gas corporations and electric corporations have
    35  gross revenues from intrastate utility operations in excess of  $500,000
    36  in  the  preceding  calendar  year,  and  the  total amount which may be
    37  charged to any gas corporation and any electric  corporation  shall  not
    38  exceed  one  cent  per one thousand cubic feet of gas sold and .010 cent
    39  per kilowatt-hour of electricity sold  by  such  corporations  in  their
    40  intrastate  utility operations in calendar year 2015. Such amounts shall
    41  be excluded from the general assessment provisions of subdivision  2  of
    42  section  18-a of the public service law. The chair of the public service
    43  commission shall bill such gas and/or  electric  corporations  for  such
    44  amounts  on  or before August 10, 2017 and such amounts shall be paid to
    45  the New York state energy  research  and  development  authority  on  or
    46  before  September  10,  2017.  Upon  receipt,  the New York state energy
    47  research and development authority shall deposit such funds in the ener-
    48  gy research and  development  operating  fund  established  pursuant  to
    49  section  1859  of  the public authorities law. The New York state energy
    50  research and development authority is authorized and  directed  to:  (1)
    51  transfer  $1 million to the state general fund for services and expenses
    52  of the department of environmental conservation, $150,000 to  the  state
    53  general  fund for services and expenses of the department of agriculture
    54  and markets, and $825,000 to the University of Rochester laboratory  for

        S. 2008--C                         20                         A. 3008--C
 
     1  laser  energetics  from  the funds received; and (2) commencing in 2016,
     2  provide to the chair of the public service commission and  the  director
     3  of  the  budget and the chairs and secretaries of the legislative fiscal
     4  committees,  on or before August first of each year, an itemized record,
     5  certified by the president and chief executive officer of the authority,
     6  or his or her designee, detailing any and all expenditures  and  commit-
     7  ments  ascribable  to  moneys received as a result of this assessment by
     8  the chair of the department of public service pursuant to  section  18-a
     9  of  the public service law.  This itemized record shall include an item-
    10  ized breakdown of the programs being funded  by  this  section  and  the
    11  amount  committed  to each program.   The authority shall not commit for
    12  any expenditure, any moneys derived from the assessment provided for  in
    13  this  section,  until  the chair of such authority shall have submitted,
    14  and the director of the budget  shall  have  approved,  a  comprehensive
    15  financial  plan encompassing all moneys available to and all anticipated
    16  commitments and expenditures by such authority from any source  for  the
    17  operations  of  such  authority.    Copies of the approved comprehensive
    18  financial plan shall be immediately submitted by the chair to the chairs
    19  and secretaries of the legislative fiscal committees.   Any such  amount
    20  not  committed by such authority to contracts or contracts to be awarded
    21  or otherwise expended by the authority during the fiscal year  shall  be
    22  refunded  by such authority on a pro-rata basis to such gas and/or elec-
    23  tric corporations, in a manner to be determined  by  the  department  of
    24  public  service,  and any refund amounts must be explicitly lined out in
    25  the itemized record described above.
    26    § 2. This act shall take effect immediately and  shall  be  deemed  to
    27  have been in full force and effect on and after April 1, 2017.
 
    28                                   PART NN
 
    29    Section  1. Section 4 of chapter 495 of the laws of 2004, amending the
    30  insurance law and the public health law relating to the New  York  state
    31  health  insurance  continuation  assistance  demonstration  project,  as
    32  amended by section 1 of part AA of chapter 54 of the laws  of  2016,  is
    33  amended to read as follows:
    34    §  4.  This  act  shall take effect on the sixtieth day after it shall
    35  have become a law; provided, however, that  this  act  shall  remain  in
    36  effect  until  July 1, [2017] 2018 when upon such date the provisions of
    37  this act shall expire and be deemed repealed; provided, further, that  a
    38  displaced  worker shall be eligible for continuation assistance retroac-
    39  tive to July 1, 2004.
    40    § 2. This act shall take effect immediately.
 
    41                                   PART OO
 
    42    Section 1. Section 506 of the agriculture and markets law, as  amended
    43  by chapter 256 of the laws of 2016, is amended to read as follows:
    44    §  506.  Growth,  sale, distribution, transportation and processing of
    45  industrial hemp and products derived from such hemp permitted.  Notwith-
    46  standing any provision of law  to  the  contrary,  industrial  hemp  and
    47  products  derived  from such hemp are agricultural products which may be
    48  grown, produced and possessed  in  the  state,  and  sold,  distributed,
    49  transported  or  processed either in or out of state as part of agricul-
    50  tural pilot programs pursuant to authorization under federal law and the
    51  provisions of this article.

        S. 2008--C                         21                         A. 3008--C
 
     1    Notwithstanding any provision of law to the contrary  restricting  the
     2  growing or cultivating, sale, distribution, transportation or processing
     3  of  industrial  hemp and products derived from such hemp, and subject to
     4  authorization under federal law, the commissioner may authorize [no more
     5  than  ten  sites  for]  the growing or cultivating of industrial hemp as
     6  part of agricultural pilot programs conducted by the  department  and/or
     7  an  institution of higher education to study the growth and cultivation,
     8  sale, distribution, transportation  and  processing  of  such  hemp  and
     9  products  derived  from  such  hemp provided that the sites and programs
    10  used for growing or cultivating industrial hemp are  certified  by,  and
    11  registered with, the department.
    12    §  2.  This  act shall take effect on the thirtieth day after it shall
    13  have become a law.
 
    14                                   PART PP
 
    15    Section 1. Subdivision 18-a of section 1261 of the public  authorities
    16  law, as added by section 1 of part PP of chapter 54 of the laws of 2016,
    17  is amended to read as follows:
    18    18-a.  "Transportation purpose" shall mean a purpose that directly [or
    19  indirectly] supports [all or any of] the missions  or  purposes  of  the
    20  authority,  any  of its subsidiaries, New York city transit authority or
    21  its subsidiary, including the realization of revenues [available for the
    22  costs and expenses of all or any transportation facilities] derived from
    23  property that is, or is to be used as, a transportation facility.
    24    § 2. This act shall take effect immediately.
 
    25                                   PART QQ
 
    26    Section 1. Sections 1 and 2 of subpart H of part C of  chapter  20  of
    27  the laws of 2015, appropriating money for certain municipal corporations
    28  and  school districts, as added by section 1 of part BB of chapter 58 of
    29  the laws of 2016, is amended to read as follows:
    30    Section 1. Contingent  upon  available  funding,  and  not  to  exceed
    31  [$30,000,000]  $45,000,000 moneys from the urban development corporation
    32  shall be available for a local government entity, which for the purposes
    33  of this section  shall  mean  a  county,  city,  town,  village,  school
    34  district  or  special  district, where (i) on or after June 25, 2015, an
    35  electric generating facility located within such local government entity
    36  has ceased operations, and (ii) the closing of such facility has  caused
    37  a  reduction in the real property tax collections or payments in lieu of
    38  taxes of at least twenty percent owed by such electric generating facil-
    39  ity. Such moneys attributable to the cessation of operations,  shall  be
    40  paid  annually on a first come, first served basis by the urban develop-
    41  ment corporation to such local government  entity  within  a  reasonable
    42  time  upon  confirmation  from  the  state  office  of real property tax
    43  services or  the  local  industrial  development  authority  established
    44  pursuant  to  titles  eleven  and fifteen of article eight of the public
    45  authorities law, or the local industrial development agency  established
    46  pursuant  to  article  eighteen-A of the general municipal law that such
    47  cessation  has  resulted  in  a  reduction  in  the  real  property  tax
    48  collections  or  payments  in lieu of taxes, provided, however, that the
    49  urban development corporation shall not provide assistance to such local
    50  government entity for more than [five]  seven  years,  and  shall  [not]
    51  award  [in the first year more than eighty percent of] payments reflect-

        S. 2008--C                         22                         A. 3008--C
 
     1  ing the loss of revenues  due  to  the  cessation  of  operations[.]  as
     2  follows:
 
     3          Award Year                Maximum Potential Award
     4              1           no more than eighty percent of loss of revenues
     5              2           no more than seventy percent of loss of revenues
     6              3           no more than sixty percent of loss of revenues
     7              4           no more than fifty percent of loss of revenues
     8              5           no more than forty percent of loss of revenues
     9              6           no more than thirty percent of loss of revenues
    10              7           no more than twenty percent of loss of revenues
 
    11    A  local  government  entity shall be eligible for only one payment of
    12  funds hereunder per year.  A local government entity may seek assistance
    13  under the electric generation facility cessation mitigation fund once  a
    14  generator  has submitted its notice to the federally designated electric
    15  bulk system operator (BSO) serving the state of New York of  its  intent
    16  to retire the facility or of its intent to voluntarily remove the facil-
    17  ity  from  service  subject  to  any return-to-service provisions of any
    18  tariff, and that the facility also is ineligible to participate  in  the
    19  markets  operated  by the BSO. The date of submission of a local govern-
    20  ment entity's application for assistance shall establish  the  order  in
    21  which  assistance is paid to program applicants, except that in no event
    22  shall assistance be paid to a local government entity  until  such  time
    23  that an electric generating facility has retired or become ineligible to
    24  participate  in  the  markets  operated by the BSO. For purposes of this
    25  section, any local government entity seeking assistance under the  elec-
    26  tric generation facility cessation mitigation fund must submit an attes-
    27  tation  to the department of public service that a facility is no longer
    28  producing electricity and is no longer participating in markets operated
    29  by the BSO. After receipt of such attestation, the department of  public
    30  service  shall  confirm  such information with the BSO. In the case that
    31  the BSO confirms to the department of public service that  the  facility
    32  is no longer producing electricity and participating in markets operated
    33  by  such  BSO,  it shall be deemed that the electric generating facility
    34  located within the local government entity  has  ceased  operation.  The
    35  department  of  public  service  shall  provide such confirmation to the
    36  urban development corporation upon receipt.  The  determination  of  the
    37  amount  of  such  annual payment shall be determined by the president of
    38  the urban development corporation based on the amount of  the  differen-
    39  tial  between  the  annual  real  property taxes and payments in lieu of
    40  taxes imposed upon the facility, exclusive of  interest  and  penalties,
    41  during  the  last year of operations and the current real property taxes
    42  and payments in lieu of taxes imposed upon the  facility,  exclusive  of
    43  interest and penalties. The total amount awarded from this program shall
    44  not exceed [$30,000,000] $45,000,000.
    45    §  2. Notwithstanding any provision of law, rule, or regulation to the
    46  contrary the New York state energy research  and  development  authority
    47  (authority)  is  authorized  and  directed to make a contribution to the
    48  urban development corporation for the purposes of this  act,  an  amount
    49  not  to exceed $30,000,000 for the state fiscal year commencing April 1,
    50  2016, and an additional amount not to exceed $15,000,000 for  the  state
    51  fiscal  year  commencing  April  1,  2020 from proceeds collected by the
    52  authority from the auction or sale of carbon dioxide emission allowances
    53  allocated by the department of environmental conservation.

        S. 2008--C                         23                         A. 3008--C
 
     1    § 2. This act shall take effect immediately  provided,  however,  that
     2  the  amendments to sections 1 and 2 of subpart H of part C of chapter 20
     3  of the laws of 2015 made by section one of this act shall not affect the
     4  repeal of such subpart and shall be deemed repealed therewith.
 
     5                                   PART RR
 
     6    Section  1.  Indian  Point  closure task force. 1. (a) On February 28,
     7  2017, the governor announced the appointment of a task force to  address
     8  the closure of the Indian Point nuclear power plant in Westchester Coun-
     9  ty  and to provide guidance and support to affected local municipalities
    10  and employees (the "task force"). The task force was formed  to  partner
    11  with  local  governments to address employment and property tax impacts,
    12  develop new economic opportunities, evaluate  site  reuse  options,  and
    13  identify  work  force  retraining programs and opportunities.   The task
    14  force will also monitor the closure,  and  related  decommissioning  and
    15  site  restoration  issues,  coordinate  ongoing  safety  inspections and
    16  review reliability  and  environmental  concerns,  among  other  issues.
    17  Recognizing the importance of establishing such task force in law, there
    18  are  hereby  established  the following provisions pertaining to member-
    19  ship, purpose, and duties of the task force. Members shall be  appointed
    20  as follows:
    21    (i) At the discretion of the governor, staff of the executive chamber,
    22  including but not limited to members of the governor's offices of energy
    23  and education;
    24    (ii)  The  chairperson  of the public service commission or his or her
    25  designee(s);
    26    (iii) The commissioner of environmental conservation  or  his  or  her
    27  designee(s);
    28    (iv) The secretary of state or his or her designee(s);
    29    (v)   The   commissioner  of  taxation  and  finance  or  his  or  her
    30  designee(s);
    31    (vi) The commissioner of labor or his or her designee(s);
    32    (vii)  The  commissioner  of  economic  development  or  his  or   her
    33  designee(s);
    34    (viii) The commissioner of the division of homeland security and emer-
    35  gency services or his or her designee(s);
    36    (ix)  The  president  of  the New York energy research and development
    37  authority or his or her designee(s);
    38    (x) The chairperson of the New York power  authority  or  his  or  her
    39  designee(s);
    40    (xi) The mayor of the village of Buchanan or his or her designee;
    41    (xii) The superintendent of the Hendrick Hudson school district or his
    42  or her designee;
    43    (xiii) The supervisor of the town of Cortlandt or his or her designee;
    44    (xiv)  One  member  to  be appointed by the temporary president of the
    45  senate from the district representing the aforementioned  local  govern-
    46  ments;
    47    (xv)  One  member  to be appointed by the speaker of the assembly from
    48  the district representing the aforementioned local governments;
    49    (xvi) One member, to be appointed by the governor, shall be  a  repre-
    50  sentative  of  a  labor  union  whose members are employed at the Indian
    51  Point nuclear generating facility;
    52    (xvii) One member, to be appointed by the governor, shall be a  repre-
    53  sentative  of  a  labor  union  whose members are employed at the Indian
    54  Point nuclear generating facility through contracted service providers;

        S. 2008--C                         24                         A. 3008--C

     1    (xviii) One member, to be appointed by the governor, shall be a repre-
     2  sentative of a labor organization whose members represent public employ-
     3  ees in the impacted geographical region; and
     4    (xix)  The  chairperson  of  the  task force may appoint local elected
     5  officials and municipal officers, as  defined  by  section  800  of  the
     6  general municipal law, from the impacted geographical region.
     7    (b)  The members appointed to the task force established by the gover-
     8  nor prior to the effective date of  this  act  shall:  (i)  satisfy  the
     9  initial  appointment  requirements  of subparagraphs (i) through (xv) of
    10  paragraph a of this subdivision; and (ii) be ex-officio members  of  the
    11  task force established pursuant to this section.
    12    2. Task force members shall receive no compensation for their services
    13  but  may be reimbursed for actual and necessary expenses incurred in the
    14  performance of their duties.
    15    3. The chairperson of the task force shall be the chairperson  of  the
    16  public  service  commission or his or her designee. The task force shall
    17  meet no less than three times each year.
    18    4. Vacancies for task force members  appointed  pursuant  to  subpara-
    19  graphs  (i)  through  (xix)  of  paragraph  a of subdivision one of this
    20  section shall be filled in  the  manner  provided  for  in  the  initial
    21  appointment.
    22    5.  The  task  force  shall  be authorized to hold public hearings and
    23  meetings to enable it to accomplish its duties.
    24    6. The task force  may  consult  with  any  organization,  educational
    25  institution,  other  governmental  entity or agency or person including,
    26  but not limited to, the nuclear regulatory commission and the  New  York
    27  independent  system  operator, in the development of its report required
    28  by subdivision nine of this section.
    29    7. The department of public service and  all  other  agencies  of  the
    30  state  or  subdivisions thereof, including public authorities and public
    31  benefit corporations acting within the scope of their statutory  purpose
    32  and  authority  and  with  the  appropriate  consent of their respective
    33  boards or governing bodies may,  at  the  request  of  the  chairperson,
    34  provide  the  task  force  with such facilities, assistance, and data as
    35  will enable the task force to carry out its powers and duties.
    36    8. The purpose of the task force shall be to assess the impacts of the
    37  Indian Point nuclear generating facility closure on the state and  local
    38  municipalities  and  evaluate  ways  of addressing and mitigating antic-
    39  ipated impacts, including, but not limited to those on real property tax
    40  collections or payments in lieu of  taxes,  public  safety,  labor,  and
    41  decommissioning  and  site  restoration  programs, strategies, and time-
    42  lines, as well as spend fuel storage issues. The task  force  will  also
    43  monitor impacts on electric reliability and rates.
    44    In  addition,  no  later  than  April  30,  2018, the task force shall
    45  produce a study evaluating the future reuse and reutilization options of
    46  the land where the facility is located. Such study  shall  consider  all
    47  aspects  of  possible  uses of the lands and buildings at such facility,
    48  together with such other and further information that the task force and
    49  the entities with which it shall consult, shall choose  to  include.  In
    50  examining  such  reutilizaiton,  the  study  shall  further consider the
    51  infrastructure currently at and near such facility, the costs and  meas-
    52  ures  that would need to be taken by the owners of the facility, regula-
    53  tors and/or governmental bodies in order to achieve any such  reutiliza-
    54  tion,  and  any  other factors that the task force and the entities with
    55  which it shall consult, shall choose to include in its considerations.

        S. 2008--C                         25                         A. 3008--C
 
     1    9. No later than April 30, 2018, and annually thereafter through 2023,
     2  the task force shall make available for public comment and  than  submit
     3  to  the  governor, the temporary president of the senate, the speaker of
     4  the assembly, the chair of the senate committee on energy and telecommu-
     5  nications  and  the  chair of the assembly committee on energy, a report
     6  containing the following:
     7    a. an assessment of:
     8    (i) anticipated impacts related to the  closure,  including,  but  not
     9  limited  to impacts on real property tax collections or payments in lieu
    10  of taxes, electric reliability and rates, public safety, labor, and  the
    11  future use of the land where the facility is located;
    12    (ii)  workforce  retraining programs and opportunities in other energy
    13  related employment sectors for affected workers, including  training  in
    14  renewable  energy  and  an evaluation of access to employment with other
    15  utilities and power plants in the state;
    16    (iii) all  sources  and  potential  sources  of  generating  capacity,
    17  including  transmission upgrades, energy efficiency, fossil fuel derived
    18  energy, and renewable energy;
    19    (iv) workforce retention; and
    20    (v) programs implemented to retrain persons  employed  at  the  Indian
    21  Point  nuclear  generating  facility,  such  analysis, shall include the
    22  number of retraining programs, the content of the  retraining  programs,
    23  the employment outcomes of individuals retrained, and any other informa-
    24  tion deemed appropriate by the task force;
    25    b.  an  assessment  of  compliance with any and all federal, state and
    26  local laws, regulations and rules related to the closure  and  decommis-
    27  sioning of a nuclear generating facility;
    28    c.  a  listing  of any enforcement actions initiated for any actual or
    29  alleged condition at the nuclear generating facility;
    30    d. recommendations for the projects to be  selected  pursuant  to  the
    31  community  fund  established  in  the  agreement related to Indian Point
    32  entered into by the state of New York on January 9, 2017, and an assess-
    33  ment of the progress and effectiveness of projects selected;
    34    e. recommendations related to short term and long  term  programs  the
    35  state of New York could establish to provide support and guidance to the
    36  affected  local municipalities, and the implementation of such programs;
    37  and
    38    f. any information or data the task force deems appropriate.
    39    § 2. This act shall take effect immediately and shall  expire  and  be
    40  deemed repealed April 1, 2024.
 
    41                                   PART SS
 
    42    Section  1.  Section 33-0705 of the environmental conservation law, as
    43  amended by section 1 of part H of chapter 57 of the  laws  of  2014,  is
    44  amended to read as follows:
    45  § 33-0705. Fee for registration.
    46    The applicant for registration shall pay a fee as follows:
    47    a.  On  or  before  July  1, [2017] 2020, six hundred dollars for each
    48  pesticide proposed to be registered, provided  that  the  applicant  has
    49  submitted  to  the  department proof in the form of a federal income tax
    50  return for the previous year showing gross  annual  sales,  for  federal
    51  income  tax  purposes, of three million five hundred thousand dollars or
    52  less;
    53    b. On or before July 1, [2017] 2020, for all others, six hundred twen-
    54  ty dollars for each pesticide proposed to be registered;

        S. 2008--C                         26                         A. 3008--C
 
     1    c. After July  1,  [2017]  2020,  fifty  dollars  for  each  pesticide
     2  proposed to be registered.
     3    §  2.  Section 9 of chapter 67 of the laws of 1992, amending the envi-
     4  ronmental conservation law relating to  pesticide  product  registration
     5  timetables  and fees, as amended by section 2 of part H of chapter 57 of
     6  the laws of 2014, is amended to read as follows:
     7    § 9. This act shall take effect April 1, 1992 provided, however,  that
     8  section  three  of  this  act  shall  take effect July 1, 1993 and shall
     9  expire and be deemed repealed on July 1, [2017] 2020.
    10    § 3. This act shall take effect immediately and  shall  be  deemed  to
    11  have been in full force and effect on and after April 1, 2017.
 
    12                                   PART TT
 
    13    Section  1. Section 1 of chapter 174 of the laws of 1968, constituting
    14  the New York state urban development  corporation  act,  is  amended  by
    15  adding a new section 16-aa to read as follows:
    16    §  16-aa. Life sciences initiatives program.  The life sciences initi-
    17  atives program is hereby established for the purpose of  attracting  new
    18  life  sciences  technologies,  to  promote  critical  public and private
    19  sector investment in emerging life sciences fields in  New  York  state,
    20  and  to  create  and expand life sciences related businesses and employ-
    21  ment.
    22    1. Such life sciences initiatives program is designated to operate  in
    23  areas  identified by the corporation as having significant potential for
    24  economic growth in New York, or in which the  application  of  new  life
    25  sciences  technologies  could significantly enhance the productivity and
    26  stability of New York businesses.
    27    2. Life sciences are defined as advanced  and  applied  sciences  that
    28  expand  the  understanding of human physiology and have the potential to
    29  lead to medical advances or therapeutic applications including, but  not
    30  limited  to, academic medical centers, agricultural biotechnology, biog-
    31  enerics,  bioinformatics,  biomedical  engineering,  biopharmaceuticals,
    32  biotechnology,  chemical  synthesis,  chemistry technology, diagnostics,
    33  genomics, image analysis, marine  biology,  marine  technology,  medical
    34  devices,  nanotechnology,  natural  product pharmaceuticals, proteomics,
    35  regenerative medicine, RNA interference, stem  cell  research,  clinical
    36  trials,  including  but  not limited to neurological clinical trials and
    37  veterinary science.
    38    3. A life sciences entity is defined as a business corporation,  part-
    39  nership,  firm,  unincorporated association, or any other entity engaged
    40  in life sciences research, development, manufacturing or  commercializa-
    41  tion.
    42    4.  (a) The corporation is authorized, within available appropriations
    43  and consistent with such appropriations in the Life Sciences Initiatives
    44  Program  to  provide  financial  support,  through  an  application  and
    45  approval  process  and  such  funds  may be used for the advancement and
    46  economic growth of life sciences programs, employment of staff, develop-
    47  ment and facilities or other working capital that are aligned  with  the
    48  life sciences program strategy and approved by the corporation.
    49    (b)  A  life  sciences  entity  must submit a completed application as
    50  prescribed by the chief  executive  officer  of  the  corporation.  Life
    51  sciences  initiatives entity applications will be accepted, reviewed and
    52  approved on a rolling basis.   Life sciences initiatives  entity  appli-
    53  cants  may  include a program or multiple programs in their application.
    54  Each life sciences program applicant shall include information  in  such

        S. 2008--C                         27                         A. 3008--C
 
     1  application  relating  to  how its life sciences program initiative will
     2  enhance and accelerate life science programs, research and job  creation
     3  and retention within New York.
     4    5.  The chief executive officer of the corporation shall, on or before
     5  October first, two thousand eighteen and every year  thereafter,  submit
     6  to  the  governor, the temporary president of the senate and the speaker
     7  of the assembly an annual report on the operations  and  accomplishments
     8  of  the  life sciences initiatives programs which shall include, but not
     9  be limited to, the economic impact of  the  activities  undertaken  with
    10  state  funds,  the  number  and  amount  of federal funds procured after
    11  program approval, including such factors as jobs created and maintained,
    12  the average salary of the  jobs  created  and  average  salary  of  jobs
    13  retained.
    14    6.  (a)  The  corporation  shall  by  rule establish criteria for such
    15  program, such criteria shall include detailed provisions  for  eligibil-
    16  ity.
    17    (b)  The  corporation shall issue guidelines to effectuate the purpose
    18  of this section.
    19    § 2. This act shall take effect immediately.
 
    20                                   PART UU
 
    21    Section 1. Subdivisions 3, 5 and 7 of section 19-0323 of the  environ-
    22  mental conservation law, as amended by section 1 of part X of chapter 58
    23  of the laws of 2016, are amended to read as follows:
    24    3. Any diesel powered heavy duty vehicle that is owned by, operated by
    25  or  on  behalf  of,  or  leased by a state agency and state and regional
    26  public authority with more than half of its governing body appointed  by
    27  the  governor  shall  utilize the best available retrofit technology for
    28  reducing the emission of pollutants. The commissioner  shall  promulgate
    29  regulations  for  the implementation of this subdivision specifying that
    30  all vehicles covered by  this  subdivision  shall  have  best  available
    31  retrofit technology on or before December 31, [2017] 2018.
    32    This  subdivision shall not apply to any vehicle subject to a lease or
    33  public works contract entered into or renewed  prior  to  the  effective
    34  date of this section.
    35    5.  In addition to any waiver which may be issued pursuant to subdivi-
    36  sion four of this section, the department shall  issue  a  waiver  to  a
    37  state  agency, a state or regional public authority, or a person operat-
    38  ing any diesel-powered heavy duty vehicle on behalf of a  state  agency,
    39  state  or regional public authority, upon a request in a form acceptable
    40  to the department for a waiver from the provisions of subdivision  three
    41  of  this  section for a vehicle engine provided that such vehicle engine
    42  will cease to be used in the state on or before  December  thirty-first,
    43  two  thousand  [eighteen] nineteen.   Any waiver issued pursuant to this
    44  subdivision shall expire when a state agency, a state or regional public
    45  authority, or a person operating any diesel-powered heavy  duty  vehicle
    46  on  behalf  of a state agency, state or regional public authority ceases
    47  to use the engine in the state but not later than December thirty-first,
    48  two thousand [eighteen] nineteen.
    49    7. On or before January 1, 2008 and every year thereafter, the commis-
    50  sioner shall report to the governor and legislature on the use of  ultra
    51  low  sulfur  diesel  fuel. On or before January 1, [2018] 2019 and every
    52  year thereafter, the commissioner shall include in  the  report  to  the
    53  governor and legislature the use of the best available retrofit technol-
    54  ogy  as  required  under this section. The information contained in this

        S. 2008--C                         28                         A. 3008--C
 
     1  report shall include, but not be limited to, for each state  agency  and
     2  public authority covered by this section: (a) the total number of diesel
     3  fuel-powered motor vehicles owned or operated by such agency and author-
     4  ity;  (b)  the  number of such motor vehicles that were powered by ultra
     5  low sulfur diesel fuel; (c) the  total  number  of  diesel  fuel-powered
     6  motor  vehicles  owned or operated by such agency and authority having a
     7  gross vehicle weight rating of more than 8,500 pounds; (d) the number of
     8  such motor vehicles that utilized the best available retrofit  technolo-
     9  gy,  including  a  breakdown by motor vehicle model, engine year and the
    10  type of technology used for each vehicle; (e) the number of  such  motor
    11  vehicles  that  are  equipped with an engine certified to the applicable
    12  2007 United States environmental protection agency standard for particu-
    13  late matter as set forth in section 86.007-11 of title 40 of the code of
    14  federal regulations or to any  subsequent  United  States  environmental
    15  protection  agency  standard  for particulate matter that is at least as
    16  stringent; and (f) all waivers, findings, and renewals of such findings,
    17  which, for each waiver, shall include, but not be limited to, the  quan-
    18  tity  of  diesel fuel needed to power diesel fuel-powered motor vehicles
    19  owned or operated by such agency  and  authority;  specific  information
    20  concerning the availability of ultra low sulfur diesel fuel.
    21    § 2. This act shall take effect immediately.
    22    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    23  sion,  section  or  part  of  this act shall be adjudged by any court of
    24  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    25  impair,  or  invalidate  the remainder thereof, but shall be confined in
    26  its operation to the clause, sentence, paragraph,  subdivision,  section
    27  or part thereof directly involved in the controversy in which such judg-
    28  ment shall have been rendered. It is hereby declared to be the intent of
    29  the  legislature  that  this  act  would  have been enacted even if such
    30  invalid provisions had not been included herein.
    31    § 3. This act shall take effect immediately  provided,  however,  that
    32  the applicable effective date of Parts A through UU of this act shall be
    33  as specifically set forth in the last section of such Parts.
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