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).
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 YearMaximum Potential Award
4 1no more than eighty percent of loss of revenues
5 2no more than seventy percent of loss of revenues
6 3no more than sixty percent of loss of revenues
7 4no more than fifty percent of loss of revenues
8 5no more than forty percent of loss of revenues
9 6no more than thirty percent of loss of revenues
10 7no 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.
