A BUDGET BILL submitted by the Governor in accordance with Article VII of the Constitution
AN ACT to repeal section 8 of chapter 533 of the laws of 1993 amending the vehicle and traffic law and the correction law relating to the suspension and revocation of driver’s licenses upon conviction of certain drug-related offenses, and section 28 of part E of chapter 58 of the laws of 1998 relating to a report of the division of criminal justice services, in relation to the suspension and revocation of drivers’ licenses upon conviction of certain drug-related offenses, and to amend section 9 of chapter 533 of the laws of 1993, amending the vehicle and traffic law and the correction law relating to the suspension and revocation of driver’s licenses upon conviction of certain drug-related offenses, in relation to the effectiveness thereof (Part A); to amend the vehicle and traffic law and the penal law, in relation to reducing the blood alcohol level threshold for determination of intoxication; and to amend chapter 312 of the laws of 1994 amending the vehicle and traffic law relating to suspension of licenses pending prosecution of certain alcohol-related charges, and authorizations for probationary and conditional drivers’ licenses, in relation to extending the expiration of certain provisions of such chapter (Part B); to amend the vehicle and traffic law, in relation to repeat offenses for driving while intoxicated and related offenses (Part C); to amend the vehicle and traffic law, in relation to special hauling permits and divisible load permits and repealing certain provisions of such law relating thereto (Part D); to amend the state finance law, in relation to costs of the department of motor vehicles (Part E); to provide the annual authorization for the state’s CHIPS and Marchiselli local highway capital assistance plans; to amend chapter 329 of the laws of 1991 amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund; to amend chapter 61 of the laws of 2000 amending the public authorities law and chapter 329 of the laws of 1991 amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the authorization of the state’s five-year transportation plan; and to amend the highway law, in relation to successor governments receiving no less in consolidated local highway apportionments than predecessor governments would have received and to repeal certain provisions of the highway law relating thereto (Part F); to provide for the utilization of utility assessment funds (Part G); to provide for the use of petroleum over-charge restitution funds (Part H); to provide for the utilization of utility assessment funds (Part I); to authorize the dormitory authority of the state of New York to provide funding for the Cornell University theory center (Part J); to authorize the New York state urban development corporation to forgive a loan made with respect to the HSBC Arena in the city of Buffalo (Part K); to authorize the New York state urban development corporation to forgive a loan made with respect to the construction of Binghamton municipal stadium (Part L); to amend chapter 393 of the laws of 1994, amending the New York state urban development corporation act, in relation to the effectiveness thereof (Part M); to amend chapter 432 of the laws of 1997, relating to the establishment of the community enhancement facilities assistance program, in relation to the total authorized bonding amount for the community enhancement facilities assistance program (Part N); to authorize the New York State urban development corporation to issue bonds for the purpose of creating or retaining technology related jobs (Part O); to amend the state finance law, in relation to the linked deposit program (Part P); to amend the general municipal law, in relation to designation of additional empire zones (Part Q); and to establish the empire opportunity fund and to amend the state finance law, in relation to creating the empire opportunity trust fund (Part R)
This bill contains provisions needed to implement the Transportation and Economic Development portion of the 2002-03 Executive Budget.
This bill conforms State law to Federal standards and permanently extends Chapter 533 of the Laws of 1993, which requires the denial or loss of driving privileges for a period of six months upon an individual’s conviction or adjudication for any drug-related criminal offense defined in Articles 220 or 221 of the Penal Law; any violation of Section 1192(4) of the Vehicle and Traffic Law; any violation of the Federal Controlled Substances Act; or any out-of-state or Federal drug-related criminal offense. In addition, the bill repeals Section 28 of Part E of Chapter 58 of the Laws of 1998, requiring the Division of Criminal Justice Services to prepare a report on implementation procedures.
The license suspension provisions enacted through Chapter 533 are currently in effect and will expire October 1, 2002. These license suspension provisions have been extended annually since 1994.
Enactment of this bill is necessary to conform State penalties for certain drug-related criminal offenses with Federal law, and to avoid significant Federal highway aid sanctions which would result in the loss of funds supporting the State’s highway construction program.
The Statewide Anti-Drug Abuse Council identified loss of driving privileges as an important means to deter the abuse of controlled substances. This deterrent is thought to be particularly strong with respect to young offenders and casual drug users.
This bill also repeals the reporting requirement for the Division of Criminal Justice Services imposed by Section 28, Part E of Chapter 58 of the Laws of 1998. This requirement has imposed an administrative burden on the agency and is of limited utility in assessing the effectiveness of this law.
This bill conforms State penalties with Federal Law and amends the Vehicle and Traffic Law and the Penal Law to:
In addition, the bill makes various other amendments to improve the ability to apprehend and prosecute intoxicated drivers, and to increase penalties for individuals who repeatedly buy alcohol for underage drinkers.
Current law provides for lesser penalties and limitations upon driving while intoxicated, drug use, and related offenses.
This bill is similar to a Governor’s Program Bill initially introduced in 1999 as the DWI Omnibus Act and subsequently amended in 2000 (S.6054A). A similar Article VII Bill (S.1146) was submitted with the 2001-02 Executive Budget but did not pass both houses of the Legislature.
Passage of this bill is necessary to deter instances of driving while intoxicated or while under the influence of drugs. This bill will thus reduce the number of lives lost and save thousands of dollars in property damages related to illegal intoxication.
Additionally, the provisions of this bill will avert Federal sanctions for non-compliance with Federal law, which would reduce Federal funding for New York under the Interstate Maintenance, Surface Transportation, and National Highway System programs.
This bill conforms to requirements set forth in the Federal Transportation act. It amends Section 1193 of the Vehicle and Traffic Law by adding a new provision requiring either imprisonment or mandatory community service for individuals who have been convicted of driving while intoxicated or while ability impaired by drugs on more than one occasion. The bill requires alcohol and substance abuse evaluation and treatment assessment for all multiple offenders. In addition, the bill mandates the revocation of a repeat DWI offender’s vehicle(s) registration or registrations during any period of license revocation. Finally, as an alternative to registration revocation, the bill permits the sentencing court to order that each motor vehicle owned by the repeat offender be equipped with an ignition interlock device.
Vehicle and Traffic Law Section 1193 (1) and (2) set forth criminal penalties for violating the laws for operating a motor vehicle while intoxicated or under the influence of drugs or alcohol, including license sanctions and mandatory license revocations.
A similar bill was introduced in 2000 as a Governor’s Program Bill (S.8051) and was passed by the Senate. A similar Article VII Bill (S.1146) was submitted with the 2001-02 Executive Budget but did not pass both houses of the Legislature.
Enactment of this bill is necessary to conform State penalties for repeat convictions of driving while intoxicated or while ability impaired by drugs with Federal law and to avoid significant Federal highway aid sanctions which would result in the loss of funds supporting the State’s highway construction program.
This bill increases revenues to the Dedicated Highway and Bridge Trust Fund from divisible load (overweight truck) permits. It amends subdivision 15 of section 385 of the Vehicle and Traffic Law to add a new permit fee for seven axle vehicles; increase the number of annual divisible load permits authorized by the Department of Transportation; require new safety equipment and axle configurations; and modify restrictions on crossing weight-posted bridges.
In addition, the bill repeals subdivision 19 of section 385 of the Vehicle and Traffic Law and adds a new consolidated statewide fine schedule for weight violations. Certain components of the current fine schedules applicable to New York City are retained for a phase-out period.
The shipping, trucking and construction industries have created more demand for overweight truck permits than the current statutory limit of 17,000 permits. This bill increases the annual divisible load permit authorization to 21,000 effective immediately, with graduated increases up to a maximum of 25,000 permits beginning January 1, 2004 and ending January 1, 2007.
While more heavyweight trucks would be permitted on the State’s roadways, the bill protects New York’s highway infrastructure by requiring less damaging axle configurations on the heaviest categories of trucks and imposing more stringent restrictions on bridge use by overweight trucks.
The bill also unifies four existing fine schedules into a single statewide fine schedule. This eliminates disparities in weights and penalties between different regions of the State created by the current schedules. Effectively this will result in better enforcement of excessive weight violations statewide.
This bill would amend the authorized purposes of the Dedicated Highway and Bridge Trust Fund (the Dedicated Fund) to allow expenses of the Department of Motor Vehicles (DMV) to be paid from the Dedicated Fund.
This bill amends paragraph a of subdivision 5 of section 89-b of the State Finance Law to include the expenses of DMV as allowable uses of the Dedicated Fund.
State Finance Law currently authorizes the use of the Dedicated Fund for a variety of purposes, from construction of highways to engineering, maintenance and administrative services of the Department of Transportation.
The Dedicated Fund receives revenues from taxes and fees related to automotive transportation, including motor vehicle registration fees, the Petroleum Business Tax, the Gas Tax and highway user fees. Since DMV collects the motor vehicle registration fees that are deposited in the Fund, and serves the motoring public upon which the dedicated taxes and fees are levied, it is appropriate to fund DMV expenses from Dedicated Fund revenues.
This bill provides the required annual authorization for the CHIPS and Marchiselli local capital highway assistance programs. The authorization includes a $23,888,000 increase in CHIPS capital aid to cities (other than New York City), towns and villages to offset an equal reduction in General Fund CHIPS operating aid. The bill also provides more flexibility to local governments regarding the manner in which CHIPS funds can be used.
Section 1 of the bill authorizes the CHIPS and Marchiselli capital aid programs to counties, cities, towns and villages for State Fiscal Year 2002-2003 at $217.9 million and $39.7 million respectively, and also authorizes $23.9 million in additional CHIPS capital aid to cities (other than New York City), towns and villages.
Section 2 increases the bond cap for the Local Highway and Bridge Service Contract Bond Program by $23.9 million to accommodate the increase in the CHIPS capital program.
Section 3 adjusts the multi-year schedule for the CHIPS capital program to accommodate the $23.9 million increase.
Section 4 expands the allowable purposes for which CHIPS capital funds can be used.
Section 5 removes disincentives that would otherwise reduce CHIPS allocations for localities that consolidate or merge.
State Highway Law requires annual authorization of both the CHIPS and Marchiselli funding levels, which are supported by the issuance of Thruway bonds. The current five-year authorization levels were set by schedule in the 2000-2001 Enacted Budget as part of the State’s multi-year transportation plan. This bill adds $23,888,000 to the State Fiscal Year 2002-2003 funding level authorization.
By increasing the CHIPS capital program, localities will be held harmless from recommended reductions in the CHIPS operating program included in the 2002-2003 Executive Budget.
The proposed amendments to expand allowable uses and to remove disincentives for jurisdictional consolidations will allow localities to maximize efficient use of available transportation funds.
This bill authorizes the New York State Energy Research and Development Authority (NYSERDA) to finance its Research, Development and Demonstration Program and its Policy and Planning Program with revenues from assessments against gas corporations and electric corporations pursuant to section 18-a of the Public Service Law.
Section 18-a of the Public Service Law enables the Department of Public Service to assess gas and electric corporations for the expenses of NYSERDA’s Research, Development and Demonstration Program and its Policy and Planning Program.
These provisions authorized in Chapter 151 of the Laws of 2001 expire on March 31, 2002 and need to be re-authorized through March 31, 2003. Without this legislation, NYSERDA could not continue operating necessary energy programs in the 2002-2003 State fiscal year.
This bill allows the transfer of $2.5 million of Petroleum Overcharge Restitution (POCR) funds to the New York Power Authority (NYPA) to fund energy efficiency and conservation programs benefiting New York State. In return, NYPA will transfer $2.5 million to the State’s General Fund.
This bill directs that, on or before March 31, 2003:
This bill also ensures that the use of these funds does not contravene existing NYPA bond covenants or contractual obligations.
The bill’s transfer of POCR money is not unique. In 2000-01, $1.5 million in POCR funds were transferred to the General Fund.
POCR funds became available to New York State in the 1980s as a result of Federal court settlements with energy producers who were overcharging consumers. NYPA administers these programs and finances them using POCR funding. This bill allows these moneys to be expended on energy efficiency and conservation purposes which will benefit New York State consumers. In addition, the State will realize additional General Fund revenue as a result of this transaction.
This bill authorizes certain State agencies to finance their activities with revenues generated from assessments on public utilities and cable television companies.
Section 1 of this bill authorizes certain expenditures of the Department of Health as eligible expenses for cable television assessment revenue.
Sections 2-6 authorize certain expenditures for the departments of Agriculture and Markets, Economic Development, and Environmental Conservation, the Office of Parks, Recreation and Historical Preservation, and the Consumer Protection Board as eligible expenses for utility assessment revenue.
Section 18-a of the Public Service Law authorizes the Department of Public Service (DPS) to assess public utility companies for the costs associated with the operations of the Public Service Commission (PSC) and the DPS. Section 217 of the Public Service Law authorizes the DPS to assess cable television companies for costs associated with the operations of the PSC and DPS.
This bill ensures that the affected agencies will be able to expend utility assessment funds on critical State programs. The same provisions were authorized in the 2001-02 Enacted Budget.
This bill authorizes the Dormitory Authority to provide up to $1.2 million to Cornell University to support operations of the Cornell Theory Center for fiscal year 2002-03.
Chapter 101 of the Laws of 2001 authorized the Dormitory Authority to provide up to $1.2 million for the support of the Cornell Theory Center. Similar legislation has been enacted since fiscal year 1997-98.
The Cornell Theory Center provides business and academia with affordable access to the latest in supercomputer technology. This bill will enable the Center to continue to deliver these services, while providing the Dormitory Authority the opportunity to avail itself of the resources of Cornell University.
Chapter 258 of the Laws of 1993 authorized the New York State Urban Development Corporation (UDC) to provide a $25 million loan to Crossroads Arena LLC for the development of a sports and entertainment center--currently known as HSBC Arena--in the City of Buffalo. Effective immediately, this bill authorizes UDC to forgive that loan. In addition, any repayment agreements between UDC and New York State with regard to the $25 million loan will be canceled.
Forgiveness of this loan is necessary to implement an economic development stimulus package for the City of Buffalo, which will help the City to revitalize its waterfront, as well as attract tourists, new businesses and jobs to downtown areas.
This bill authorizes the New York State Urban Development Corporation (UDC) to forgive a $1.4 million loan to the City of Binghamton associated with the construction of a minor league baseball stadium. Chapter 41 of the Laws of 1985 authorized UDC to provide the $1.4 million loan. In addition, any repayment agreements between UDC and New York State with regard to the $1.4 million loan would be canceled.
Forgiveness of this loan is necessary to facilitate the retention of the Binghamton Mets, a minor league baseball affiliate of the New York Mets. In consideration of the forgiveness, the Binghamton Mets will extend their stadium lease for a period of ten years.
This bill makes permanent the general loan powers of the New York State Urban Development Corporation (UDC).
Chapter 393 of the Laws of 1994, as amended by Chapter 79 of the Laws of 2000, provides the UDC with the general power to make loans until July 1, 2002. Provisions to extend the sunset date were enacted in 1997, 1998, and 2000.
This bill is necessary to continue the UDC’s general loan powers beyond July 1, 2002. Absent enactment of this bill, the UDC will only be able to make loans in connection with certain State-funded economic development programs that include loan authorization.
This bill reduces the authorized bonding authority established for the Community Enhancement Facilities Assistance Program (CEFAP) pursuant to Chapter 432 of the Laws of 1997 to reflect:
Chapter 432 of the Laws of 1997 authorized the issuance of bonds or notes in an aggregate principal amount not to exceed $425 million in support of CEFAP.
Similar legislation, introduced as part of the 2001-02 Executive Budget, was not enacted.
This bill will facilitate a new $250 million high tech, biotech economic development program, which will provide critical support for the creation of high skill, high wage jobs.
This bill authorizes the Urban Development Corporation (UDC) to issue bonds or notes in an aggregate principal amount not to exceed $250 million for the purpose of making grants or loans for capital projects which would support the creation or retention of technology related jobs.
Similar legislation, introduced as part of the 2001-02 Executive Budget, was not enacted.
This bill will facilitate a new $250 million high tech, biotech economic development program, which would provide critical support for the creation of high skill, high wage jobs.
This bill expands the Excelsior Linked Deposit Program from $200 million to $300 million.
Section 214 of the State Finance Law allows the Comptroller to invest up to $150 million of State funds in the program. An additional $50 million is available from participating public authorities.
Chapter 705 of the Laws of 1993 established the Excelsior Linked Deposit Program and authorized the investment of $50 million in State funds and $50 million in public authority funds; Chapter 711 of the Laws of 1996 increased the authorized amount of State funds from $50 million to $100 million; Chapter 553 of the Laws of 1999 further increased authorized State support to $150 million.
The Excelsior Linked Deposit Program is an efficient and effective mechanism for providing small businesses with access to needed capital. The existing program funds are fully obligated. Accordingly, a $100 million program expansion will ensure available resources for new loan commitments.
Effective immediately, this bill will allow for the designation of additional Empire Zones, for a total of 66 zones.
Chapter 383 of the Laws of 2001 authorized the designation of fourteen new Empire Zones--rather than six, which had been previously authorized. However, designation of the final four zones was made contingent upon enactment of future legislation. This bill will repeal this requirement, permitting designation of four additional Empire Zones immediately, to allow critical job creation projects to proceed.
This bill establishes the Empire Opportunity Fund for the purpose of providing financing for major capital and other infrastructure projects outside of the City of New York in order to create and retain jobs. The bill would:
The national recession, combined with the recent terrorist attacks upon the World Trade Center, have resulted in the need for additional economic development programs to ensure that New York is at the forefront of the national economic recovery. While significant resources have been secured from the Federal government to aid in the economic recovery of the City of New York, no such resources are currently available to support the revitalization of other areas of the State. This bill addresses this issue by dedicating an amount equal to the future receipts from the State associated with casino gaming authorized pursuant to Chapter 383 of the Laws of 2001 for major infrastructure and other economic development initiatives in the Upstate and Long Island regions.
In addition, by authorizing up to $750 million of State supported bonding, the bill would ensure that job creating projects can proceed immediately.
This provision is needed to prevent the State from being subjected to a 10 percent annual loss of National Highway System and Surface Transportation Program funds -- totaling $45 million -- beginning in SFY 2002-03. These funds are integral to the Department of Transportation’s capital program, and their loss would result in the elimination of many important capital projects.
This provision is necessary to avoid a loss by New York by significant Federal aid highway funds as follows: $18.1 million in SFY 2004-05; $30.2 million in SFY 2005-06; and $42.2 million in SFY 2006-07. These funds are integral to the Department of Transportation’s (DOT) capital program, and their loss would result in the elimination of many important capital projects.
The State must enact a law conforming with the Federal requirements for repeat offenders or it will continue to lose funds needed available for DOT’s capital program. These funds are integral to DOT’s capital program, and their loss would result in the elimination of many important capital projects.
Failure to enact such a law has already resulted in the loss of approximately $3.9 million in SFY 2000-01 and up to $9 million in SFY 2001-02. Continued failure will result in additional losses as follows: $13.6 million in SFY 2002-03 and $18.1 million annually in SFY 2003-2004 and thereafter.
Enactment of this bill is necessary to implement the 2002-2003 Executive Budget, which includes $4.5 million of revenues associated with increased permit issuances and fine levels.
Enactment of this bill is necessary to implement the 2002-03 Executive Budget, which recommends funding a portion of DMV expenses from the Dedicated Fund.
Enactment of this bill is necessary to implement the 2002-2003 Executive Budget.
Enactment of this bill is necessary to implement the 2002-2003 Executive Budget because it authorizes expenditures of Section 18-a moneys for NYSERDA. A $14.7 million appropriation is included in NYSERDA’s budget for these energy programs.
Enactment of this bill is necessary to implement the 2002-03 Executive Budget, which assumes $2.5 million in additional General Fund revenue through the exchange of POCR funds for NYPA corporate revenues.
Enactment of these provisions is necessary to implement the 2002-03 Executive Budget because they ensure the recovery of expenses incurred by the Departments of Health, Agriculture and Markets, Economic Development, and Environmental Conservation, the Office of Parks, Recreation and Historical Preservation, and the Consumer Protection Board.
Enactment of this bill is necessary to implement the 2002-03 Executive Budget, which assumes that the Dormitory Authority will provide up to $1.2 million to Cornell University for operation of the Cornell Theory Center.
The State Financial Plan does not assume repayment of this loan.
The State Financial Plan does not assume repayment of this loan.
Enactment of this bill is necessary to implement the 2002-03 Executive Budget, which assumes that UDC will provide certain economic development assistance through loans, rather than grants. Absent this legislation, the Corporation could not fund loans approved through the Empire State Economic Development Fund or the Metropolitan Economic Revitalization Fund.
Enactment of this bill is necessary to implement the 2002-2003 Executive Budget because it would create a new $250 million high technology capital program, to be financed with $60 million of redirected Community Enhancement Facilities Assistance Program (CEFAP) bond funds and $190 million of new bonding authority.
Enactment of this bill is necessary to implement the 2002-2003 Executive Budget, which assumes a $100 million expansion of the Excelsior Linked Deposit Program.
The costs associated with 66 Empire Zones are assumed in the State Financial Plan.
Enactment of this bill is necessary to implement the 2002-03 Executive Budget because establishment of the Empire Opportunity Fund, the dedication of an amount equal to the future receipts from the State associated with casino gaming authorized pursuant to Chapter 383 of the Laws of 2001, and authorization to issue up to $750 million of State supported bonding, are assumed in the State financial plan.
Part A, and Parts E through P shall take effect April 1, 2002; provided, however, if this act shall become a law after such date they shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2002.
Part B – Conform the State Vehicular Blood Alcohol Standards to Federal requirements. This part shall take effect on the first day of November next succeeding the date on which it shall have become a law, provided, however, that section three of this part shall take effect immediately; provided, further, that the amendments to clauses a and b of subparagraph 7 of paragraph (e) of subdivision 2 of section 1193 of the vehicle and traffic law made by section five of this part shall not affect the repeal of such subparagraph and shall be deemed repealed therewith.
Part C – Strengthen penalties for all DWI offenders to conform to Federal requirements. This part shall take effect on the thirtieth day of September next succeeding the date on which it shall have become a law.
Part D – Revise and expand the heavyweight truck permit system administered by the Department of Transportation. This part shall take effect April 1, 2002; provided, however, if this act shall become a law after such date it shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2002; provided, further, that sections three and four of this part shall take effect 90 days after the date on which this act shall have become a law.
Part Q – Designation of additional Empire Zones. This part shall take effect immediately.
Part R – Creates Empire Opportunity Fund. This part shall take effect immediately.
Article VII Transportation and Economic Development Bill (S.6259/A.9761)