S. 6059 / A. 9559
STATE OF NEW YORK
________________________________________________________________________
S. 6059 A. 9559
SENATE - ASSEMBLY
January 21, 2004
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means
AN ACT to authorize the dormitory authority of the state of New York to
provide funding for the Cornell University theory center (Part A); in
relation to appropriating monies for transportation projects and
costs; to amend chapter 329 of the laws of 1991 amending the state
finance law and other laws relating to the establishment of the dedi-
cated highway and bridge trust fund; to amend chapter 61 of the laws
of 2000 amending the public authorities law and chapter 329 of the
laws of 1991 amending the state finance law and other laws relating to
the establishment of the dedicated highway and bridge trust fund, in
relation to the authorization of the state's five-year transportation
plan (Part B); to amend the vehicle and traffic law, in relation to
increasing the allowable number of divisible load permits, to amend
current fine schedules for weight violations, and to impose new safety
measures; and to repeal certain provisions of such law relating there-
to (Part C); to amend part I of chapter 62 of the laws of 2003, amend-
ing the vehicle and traffic law relating to requiring criminal history
checks, in relation to license endorsements for the transportation of
hazardous materials (Part D); to amend the vehicle and traffic law, in
relation to driver responsibility assessments (Part E); to amend the
environmental conservation law, in relation to the waste tire manage-
ment and recycling act of 2003 (Part F); to provide for the utiliza-
tion of utility assessment funds (Part G); to provide for the utiliza-
tion of utility assessment funds (Part H); to amend the environmental
conservation law, the vehicle and traffic law, the parks, recreation
and historic preservation law and the real property tax law, in
relation to the use of all terrain vehicles on certain public lands,
the enforcement of the operation and registration of snowmobile and
all terrain vehicles, the management and taxation of certain forest
lands; and to repeal certain provisions of the vehicle and traffic law
relating thereto (Part I); to amend the public service law and the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12133-01-4
S. 6059 2 A. 9559
general business law, in relation to the deposit of moneys to the
general fund; and to repeal certain provisions of the state finance
law relating thereto (Part J); to amend the agriculture and markets
law, in relation to the powers and duties of the department of agri-
culture and markets with respect to retail food stores and food estab-
lishments and enacting a registration fee (Part K); to amend the envi-
ronmental conservation law, in relation to state facility permit and
registration fees and operating permit program fees; and to repeal
section 72-0302 of the environmental conservation law, relating to
state air quality control fees (Part L); to provide for the transfer
of moneys from the New York state energy research and development
authority (Part M); to amend chapter 393 of the laws of 1994, amending
the New York state urban development corporation act, in relation to
the effectiveness thereof (Part N); to authorize the New York state
urban development corporation, the dormitory authority of the state of
New York, the environmental facilities corporation, the New York state
housing finance agency and the thruway authority to issue bonds or
notes in support of economic development and high technology projects
and to amend the New York state urban development corporation act, in
relation to creating the regional economic growth program (Part O); to
amend the state finance law and the environmental conservation law, in
relation to expanding the purposes for which the environmental
protection fund can be used; and in relation to municipal landfill
closure projects and state assistance payments for beneficial end-uses
and landfill gas management systems and to provide state assistance
for municipal landfill gas management projects at active landfills;
and in relation to establishing an environmental justice technical
assistance grant program; and to repeal certain provisions of the
state finance law relating thereto (Part P); to amend the environ-
mental conservation law, in relation to fees for stormwater discharges
from construction activity (Part Q); to amend the environmental
conservation law and the navigation law, in relation to petroleum bulk
storage fees and to amend chapter 83 of the laws of 1995, amending the
environmental conservation law and other laws relating to the regis-
tration of petroleum bulk storage facilities, in relation to the
effectiveness of certain provisions of such chapter (Part R); to amend
the agriculture and markets law, in relation to the powers and duties
of the department of agriculture and markets with respect to the
inspection of pet dealers' facilities (Part S); and to amend the
public authorities law, in relation to authorization of an increased
voluntary contribution by the New York power authority and to amend
the economic development law, in relation to the award of power for
jobs electricity savings rebates (Part T)
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2004-2005
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through T. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes reference to a section
8 "of this act", when used in connection with that particular component,
S. 6059 3 A. 9559
1 shall be deemed to mean and refer to the corresponding section of the
2 Part in which it is found. Section three of this act sets forth the
3 general effective date of this act.
4 PART A
5 Section 1. The dormitory authority of the state of New York is author-
6 ized to enter into an agreement with Cornell University for the support
7 of operation of the parallel computing supercomputers at the theory
8 center for supercomputers in connection with the business of the dormi-
9 tory authority in an amount not to exceed $1,200,000 over amounts previ-
10 ously authorized.
11 § 2. This act shall take effect immediately and shall be deemed to
12 have been in full force and effect on and after April 1, 2004.
13 PART B
14 Section 1. The sum of two hundred eighty-one million four hundred
15 eighty-eight thousand dollars ($281,488,000), or so much thereof as
16 shall be necessary, and in addition to amounts previously appropriated
17 by law, is hereby made available, in accordance with subdivision 1 of
18 section 380 of the public authorities law as amended, according to the
19 following schedule. Payments pursuant to subdivision (a) of this
20 section shall be made available as moneys become available for such
21 payments. Payments pursuant to subdivisions (b) and (c) of this section
22 shall be made available on the fifteenth day of June, September, Decem-
23 ber and March or as soon thereafter as moneys become available for such
24 payments. No moneys of the state in the state treasury or any of its
25 funds shall be available for payments pursuant to this section:
26 SCHEDULE
27 (a) Thirty-nine million seven hundred thousand dollars ($39,700,000)
28 to municipalities for repayment of eligible costs of federal aid munici-
29 pal street and highway projects pursuant to section 15 of chapter 329 of
30 the laws of 1991, as added by section 9 of chapter 330 of the laws of
31 1991, as amended. The department of transportation shall provide such
32 information to the municipalities as may be necessary to maintain the
33 federal tax exempt status of any bonds, notes, or other obligations
34 issued by such municipalities to provide for the non-federal share of
35 the cost of projects pursuant to chapter 330 of the laws of 1991 or
36 section 80-b of the highway law.
37 (b) Two hundred seventeen million nine hundred thousand dollars
38 ($217,900,000) to counties, cities, towns and villages for reimbursement
39 of eligible costs of local highway and bridge projects pursuant to
40 sections 16 and 16-a of chapter 329 of the laws of 1991, as added by
41 section 9 of chapter 330 of the laws of 1991, as amended. For the
42 purposes of computing allocations to municipalities, the amount distrib-
43 uted pursuant to section 16 of chapter 329 of the laws of 1991 shall be
44 deemed to be $114,188,000. The amount distributed pursuant to section
45 16-a of chapter 329 of the laws of 1991 shall be deemed to be
46 $103,712,000. Notwithstanding the provisions of any general or special
47 law, the amounts deemed distributed in accordance with section 16 of
48 chapter 329 of the laws of 1991 shall be adjusted so that such amounts
49 will not be less than 78.750 percent of the "funding level" as defined
50 in subdivision 5 of section 10-c of the highway law for each such muni-
51 cipality. In order to achieve the objectives of section 16 of chapter
52 329 of the laws of 1991, to the extent necessary, the amounts in excess
S. 6059 4 A. 9559
1 of 78.750 percent of the funding level to be deemed distributed to each
2 municipality under this subdivision shall be reduced in equal propor-
3 tion.
4 (c) Twenty-three million eight hundred eighty-eight thousand dollars
5 ($23,888,000) to municipalities for reimbursement of eligible costs of
6 local highway and bridge projects pursuant to sections 16 and 16-a of
7 chapter 329 of the laws of 1991, as added by section 9 of chapter 330 of
8 the laws of 1991, as amended. For the purposes of computing allocations
9 to municipalities, the amount distributed pursuant to section 16 of
10 chapter 329 of the laws of 1991 shall be deemed to be $30,812,000. The
11 amount distributed pursuant to section 16-a of chapter 329 of the laws
12 of 1991 shall be deemed to be $27,985,000. Notwithstanding the
13 provisions of any general or special law, the amounts deemed distributed
14 in accordance with section 16 of chapter 329 of the laws of 1991 shall
15 be adjusted so that such amounts will not be less than 21.250 percent of
16 the "funding level" as defined in subdivision 5 of section 10-c of the
17 highway law for each such municipality. In order to achieve the objec-
18 tives of section 16 of chapter 329 of the laws of 1991, to the extent
19 necessary, the amounts in excess of 21.250 percent of the funding level
20 to be deemed distributed to each municipality under this paragraph shall
21 be reduced in equal proportion. Finally, amounts deemed distributed
22 under this paragraph shall not be paid to counties or the city of New
23 York. To the extent that the total of remaining payment allocations
24 calculated herein varies from $23,888,000, the payment amounts to each
25 locality shall be adjusted by a uniform percentage so that the total
26 payments equal $23,888,000.
27 § 2. Subdivision (b) of section 11 of chapter 329 of the laws of 1991,
28 amending the state finance law and other laws relating to the establish-
29 ment of the dedicated highway and bridge trust fund, as amended by
30 section 2 of part A1 of chapter 62 of the laws of 2003, is amended to
31 read as follows:
32 (b) Any service contract or contracts for projects authorized pursuant
33 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
34 14-k of the transportation law, and entered into pursuant to subdivision
35 (a) of this section, shall provide for state commitments to provide
36 annually to the thruway authority a sum or sums, upon such terms and
37 conditions as shall be deemed appropriate by the director of the budget,
38 to fund, or fund the debt service requirements of any bonds or any obli-
39 gations of the thruway authority issued to fund such projects having a
40 cost not in excess of [$3,870.24] $3,894.13 million cumulatively by the
41 end of fiscal year 2004-05.
42 § 3. Section 3 of part K of chapter 61 of the laws of 2000, amending
43 the public authorities law and chapter 329 of the laws of 1991 amending
44 the state finance law and other laws relating to the establishment of
45 the dedicated highway and bridge trust fund, as amended by section 3 of
46 part A1 of chapter 62 of the laws of 2003, is amended to read as
47 follows:
48 § 3. The sum of two hundred fifty-seven million six hundred thousand
49 dollars ($257,600,000), or so much thereof as shall be necessary, and in
50 addition to amounts previously appropriated by law, is hereby made
51 available, in accordance with subdivision 1 of section 380 of the public
52 authorities law as amended, according to the following schedule.
53 Payments pursuant to subdivision (a) of this section shall be made
54 available as moneys become available for such payments. Payments pursu-
55 ant to subdivision (b) of this section shall be made on the fifteenth
56 day of June, September, December and March or as soon thereafter as
S. 6059 5 A. 9559
1 moneys become available for such payments. No moneys of the state in the
2 state treasury or any of its funds shall be available for payments
3 pursuant to this section:
4 SCHEDULE
5 (a) Thirty-nine million seven hundred thousand dollars ($39,700,000)
6 to municipalities for repayment of eligible costs of federal aid munici-
7 pal street and highway projects pursuant to section 15 of chapter 329 of
8 the laws of 1991, as added by section 9 of chapter 330 of the laws of
9 1991, as amended. The department of transportation shall provide such
10 information to the municipalities as may be necessary to maintain the
11 federal tax exempt status of any bonds, notes, or other obligations
12 issued by such municipalities to provide for the non-federal share of
13 the cost of projects pursuant to chapter 330 of the laws of 1991 or
14 section 80-b of the highway law.
15 The program authorized pursuant to section 15 of chapter 329 of the
16 laws of 1991, as added by section 9 of chapter 330 of the laws of 1991,
17 as amended, shall additionally make payments for reimbursement according
18 to the following schedule:
19 State Fiscal Year Amount
20 2001-02 $39,700,000
21 2002-03 $39,700,000
22 2003-04 $39,700,000
23 2004-05 $39,700,000
24 (b) Two hundred seventeen million nine hundred thousand dollars
25 ($217,900,000) to counties, cities, towns and villages for reimbursement
26 of eligible costs of local highway and bridge projects pursuant to
27 sections 16 and 16-a of chapter 329 of the laws of 1991, as added by
28 section 9 of chapter 330 of the laws of 1991, as amended. For the
29 purposes of computing allocations to municipalities, the amount distrib-
30 uted pursuant to section 16 of chapter 329 of the laws of 1991 shall be
31 deemed to be $114,188,000. The amount distributed pursuant to section
32 16-a of chapter 329 of the laws of 1991 shall be deemed to be
33 $103,712,000. Notwithstanding the provisions of any general or special
34 law, the amounts deemed distributed in accordance with section 16 of
35 chapter 329 of the laws of 1991 shall be adjusted so that such amounts
36 will not be less than 78.750 percent of the "funding level" as defined
37 in subdivision 5 of section 10-c of the highway law for each such muni-
38 cipality. In order to achieve the objectives of section 16 of chapter
39 329 of the laws of 1991, to the extent necessary, the amounts in excess
40 of 78.750 percent of the funding level to be deemed distributed to each
41 municipality under this paragraph shall be reduced in equal proportion.
42 The program authorized pursuant to sections 16 and 16-a of chapter 329
43 of the laws of 1991, as added by section 9 of chapter 330 of the laws of
44 1991, as amended, shall additionally make payments for reimbursement
45 according to the following schedule:
46 State Fiscal Year Amount
47 2001-02 $217,900,000
48 2002-03 $241,788,000
49 2003-04 $276,697,000
50 2004-05 $[217,900,000] $241,788,000
51 § 4. This act shall take effect immediately and shall be deemed to
52 have been in full force and effect on and after April 1, 2004.
53 PART C
S. 6059 6 A. 9559
1 Section 1. Paragraph (a) of subdivision 15 of section 385 of the vehi-
2 cle and traffic law, as amended by chapter 659 of the laws of 1995, is
3 amended to read as follows:
4 (a) The commissioner of transportation is hereby authorized to contin-
5 ue to grant permits, and to charge fees therefor, for the operation or
6 movement of a vehicle or combination of vehicles having weights or
7 dimensions which exceed the limitations provided for in this section
8 upon any highway under his or her jurisdiction except in any city not
9 wholly included within one county. Such permits shall be issued in
10 accordance with the terms and conditions contained in rules and regu-
11 lations governing special hauling permits which have been or shall be
12 promulgated by the commissioner of transportation and which may include,
13 but not be limited to, a requirement that a vehicle or combination of
14 vehicles being issued a permit shall be accompanied by one or more
15 escort vehicles which is being operated by an individual having a valid
16 escort certificate issued by the commissioner. The commissioner of
17 transportation is authorized to promulgate rules and regulations govern-
18 ing the operation, use and equipment of escort vehicles and the duties
19 and responsibilities of the operator of an escort vehicle. Any finding
20 by the commissioner of transportation that an individual has violated
21 such rules and regulations shall be grounds for the cancellation of an
22 individual's escort certificate and a penalty not to exceed five hundred
23 dollars per occurrence for the first violation and not to exceed one
24 thousand dollars per occurrence for each subsequent violation. Prior to
25 issuing such a finding, the commissioner of transportation shall afford
26 an individual the right to a hearing pursuant to section one hundred
27 forty-five of the transportation law. Such rules and regulations shall
28 take into consideration, but shall not be limited to, the safety of the
29 traveling public and the protection of the highways and the environment.
30 Such rules and regulations shall also contain a schedule of fees to be
31 charged for the issuance of such permits which fees shall cover, but
32 shall not be limited to, the costs to the department of transportation
33 for the administration of the permit program, and shall permit the
34 commissioner of transportation to levy a surcharge of up to twenty
35 dollars for the issuance and distribution of special hauling permits at
36 regional offices of the department of transportation. The annual vehicle
37 fee for a permit issued pursuant to subparagraphs (i), (ii), (ii-a) and
38 (iii) of paragraph (f) of this subdivision shall be three hundred sixty
39 dollars for vehicles with less than five axles [and], seven hundred
40 fifty dollars for vehicles with five or [more] six axles and nine
41 hundred dollars for vehicles with seven or more axles. The annual vehi-
42 cle fee for a permit issued pursuant to subparagraphs (iv), (v), and
43 (vi) of paragraph (f) of this subdivision shall be four hundred eighty
44 dollars for vehicles with less than five axles and one thousand dollars
45 for vehicles with five or more axles. Additionally, the commissioner
46 shall establish a fee schedule for the permitting of extra non-power
47 combination units that may not exceed twenty-five dollars per vehicle
48 and may offer discounts for multi-trailer registrations. Such fees shall
49 not be charged to municipalities in this state. If the permit has rout-
50 ing requirements, such rules and regulations shall provide that if the
51 routing anticipates the use of highways not under the jurisdiction of
52 the commissioner of transportation, then he or she shall immediately
53 notify the municipality or municipalities, having jurisdiction over such
54 highway that an application for a permit has been received and request
55 comment thereon. Said municipality or municipalities shall not have
56 less than fifteen days to comment. Such rules and regulations shall also
S. 6059 7 A. 9559
1 contain any other requirements deemed necessary by the commissioner of
2 transportation.
3 § 2. Paragraph (f) of subdivision 15 of section 385 of the vehicle and
4 traffic law, as amended by chapter 656 of the laws of 1993 and the open-
5 ing paragraph as amended by chapter 83 of the laws of 2000, is amended
6 to read as follows:
7 (f) The department of transportation, or other issuing authority, may
8 issue an annual permit for a vehicle designed and constructed to carry
9 loads that are not of one piece or item, which is registered in this
10 state. Motor carriers having apportioned vehicles registered under the
11 international registration plan must either have a currently valid
12 permit at the time this provision becomes effective or shall have desig-
13 nated New York as its base state or one of the eligible jurisdictions of
14 operation under the international registration plan in order to be
15 eligible to receive a permit issued pursuant to subparagraph (i) [or],
16 (ii) or (ii-a) of this paragraph.
17 Effective January first, two thousand five, no vehicle or combination
18 of vehicles issued a permit pursuant to this paragraph shall cross a
19 bridge designated as an R-posted bridge by the commissioner of transpor-
20 tation or any other permit issuing authority absent a determination by
21 such commissioner or permit issuing authority that the permit applicant
22 has demonstrated special circumstances warranting the crossing of such
23 bridge or bridges and a determination by such commissioner or permit
24 issuing authority that such bridge or bridges may be crossed safely,
25 provided, however, that in no event shall a vehicle or combination of
26 vehicles issued a permit under this paragraph be permitted to cross a
27 bridge designated as an R-posted bridge if such vehicle or combination
28 of vehicles has a maximum gross weight exceeding one hundred two thou-
29 sand pounds.
30 No vehicle having a model year of two thousand five or newer shall be
31 issued a permit pursuant to this paragraph unless each axle of such
32 vehicle or combination of vehicles, other than steerable or trackable
33 axles, is equipped with two tires on each side of the axle, any air
34 pressure controls for lift axles are located outside the cab of the
35 vehicle and are beyond the reach of occupants of the cab while the vehi-
36 cle is in motion, the weight on any grouping of two or more axles is
37 distributed such that no axle in the grouping carries less than eighty
38 percent of any other axle in the grouping and any liftable axle is
39 steerable or trackable; and, further provided, after December thirty-
40 first, two thousand fourteen, no permit shall be issued pursuant to this
41 paragraph to a vehicle of any model year that does not meet the require-
42 ments of this provision, except that such permits may be issued prior to
43 January first, two thousand twenty to a vehicle that does not meet the
44 requirement concerning axle grouping weight distribution, but meets all
45 other requirements of this section.
46 A divisible load permit may only be transferred to a replacement vehi-
47 cle by the same registrant or transferred with the permitted vehicle as
48 part of the sale or transfer of the permit holder's business; or, if the
49 divisible load permit is issued pursuant to subparagraph (iv), (v) or
50 (vi) of this paragraph and has been effective for the five years preced-
51 ing a transfer of such permit, the permit may be transferred with the
52 permitted vehicle in the sale of the permitted vehicle to the holder of
53 a permit issued pursuant to subparagraph (iv), (v) or (vi) of this para-
54 graph.
55 If a permit holder operates a vehicle or combination of vehicles in
56 violation of any posted weight restriction, the permit issued to such
S. 6059 8 A. 9559
1 vehicle or combination of vehicles shall be deemed void as of the next
2 day and shall not be reissued for a period of twelve calendar months.
3 Until June thirtieth, nineteen hundred ninety-four, no more than
4 sixteen thousand power units shall be issued annual permits by the
5 department for any twelve-month period in accordance with this para-
6 graph. After June thirtieth, nineteen hundred ninety-four, no more than
7 sixteen thousand five hundred power units shall be issued annual permits
8 by the department for any twelve-month period. After December thirty-
9 first, nineteen hundred ninety-five, no more than seventeen thousand
10 power units shall be issued annual permits by the department for any
11 twelve-month period. After December thirty-first, two thousand three,
12 no more than twenty-one thousand power units shall be issued annual
13 permits by the department for any twelve-month period. After December
14 thirty-first, two thousand five, no more than twenty-two thousand power
15 units shall be issued annual permits by the department for any twelve-
16 month period. After December thirty-first, two thousand six, no more
17 than twenty-three thousand power units shall be issued annual permits by
18 the department for any twelve-month period. After December thirty-first,
19 two thousand seven, no more than twenty-four thousand power units shall
20 be issued annual permits by the department for any twelve-month period.
21 After December thirty-first, two thousand eight, no more than twenty-
22 five thousand power units shall be issued annual permits by the depart-
23 ment for any twelve-month period.
24 Whenever permit application requests exceed permit availability, the
25 department shall renew annual permits that have been expired for less
26 than four years which meet program requirements, and then shall issue
27 permit applicants having less than three divisible load permits such
28 additional permits as the applicant may request, providing that the
29 total of existing and new permits does not exceed three. Remaining
30 permits shall be allocated by lottery in accordance with procedures
31 established by the commissioner in rules and regulations.
32 The department of transportation may issue a seasonal agricultural
33 permit in accordance with subparagraphs (i), (ii) and (iii) of this
34 paragraph that will be valid for four consecutive months with a fee
35 equal to one-half the annual permit fees established under this subdivi-
36 sion.
37 For a vehicle issued a permit in accordance with subparagraphs (iii),
38 (iv), (v) and (vi) of this paragraph, such a vehicle must have been
39 registered in this state prior to January first, nineteen hundred eight-
40 y-six or be a vehicle or combination of vehicles which replace such type
41 of vehicle which was registered in this state prior to such date
42 provided that the manufacturer's recommended maximum gross weight of the
43 replacement vehicle or combination of vehicles does not exceed the
44 weight for which a permit may be issued and the maximum load to be
45 carried on the replacement vehicle or combination of vehicles does not
46 exceed the maximum load which could have been carried on the vehicle
47 being replaced or the registered weight of such vehicle, whichever is
48 lower, in accordance with the following subparagraphs:
49 (i) A permit may be issued for a vehicle having at least three axles
50 and a wheelbase not less than sixteen feet and for a vehicle with a
51 trailer not exceeding forty-eight feet. The maximum gross weight of such
52 a vehicle shall not exceed forty-two thousand five hundred pounds plus
53 one thousand two hundred fifty pounds for each foot and major fraction
54 of a foot of the distance from the center of the foremost axle to the
55 center of the rearmost axle, or one hundred two thousand pounds, which-
56 ever is more restrictive provided, however, that any four axle group
S. 6059 9 A. 9559
1 weight shall not exceed sixty-two thousand pounds, any tridem axle group
2 weight shall not exceed fifty-seven thousand pounds, any tandem axle
3 weight does not exceed forty-seven thousand pounds and any single axle
4 weight shall not exceed twenty-five thousand pounds.
5 Any additional special authorizations contained in a currently valid
6 annual permit shall cease upon the expiration of such current annual
7 permit.
8 (ii) A permit may be issued subject to bridge restrictions for a vehi-
9 cle or a combination of vehicles having at least six axles and a wheel
10 base of at least thirty-six and one-half feet. The maximum gross weight
11 of such vehicle or combination of vehicles shall not exceed one hundred
12 seven thousand pounds and any tridem axle group weight shall not exceed
13 fifty-eight thousand pounds and any tandem axle group weight shall not
14 exceed forty-eight thousand pounds.
15 (ii-a) A permit may be issued subject to bridge restrictions for a
16 combination of vehicles having at least seven axles and a wheelbase of
17 at least forty-three feet. The maximum gross weight of such combination
18 of vehicles shall not exceed one hundred seventeen thousand pounds, any
19 four axle group weight shall not exceed sixty-three thousand pounds, any
20 tridem axle group weight shall not exceed fifty-eight thousand pounds,
21 any tandem axle group weight shall not exceed forty-eight thousand
22 pounds, and any single axle weight shall not exceed twenty-five thousand
23 pounds.
24 Each axle of such combination of vehicles, other than steerable or
25 trackable axles, shall be equipped with two tires on each side of the
26 axle, any air pressure controls for lift axles shall be located outside
27 the cab of the combination of vehicles and shall be beyond the reach of
28 occupants of the cab while the combination of vehicles is in motion, the
29 weight on any grouping of two or more axles shall be distributed such
30 that no axle in the grouping carries less than eighty percent of any
31 other axle in the grouping, and any liftable axle of such combination of
32 vehicles shall be steerable or trackable.
33 (iii) A permit may be issued for a vehicle having two axles and a
34 wheelbase not less than ten feet, with the maximum gross weight not in
35 excess of one hundred twenty-five percent of the total weight limitation
36 as set forth in subdivision ten of this section. Furthermore, until
37 December thirty-first, nineteen hundred ninety-four, any single rear
38 axle weight shall not exceed twenty-eight thousand pounds. After Decem-
39 ber thirty-first, nineteen hundred ninety-four, any axle weight shall
40 not exceed twenty-seven thousand pounds.
41 (iv) Within a city not wholly included within one county and the coun-
42 ties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and
43 Dutchess, a permit may be issued for a vehicle having at least three
44 axles and a wheelbase not exceeding forty-four feet nor less than seven-
45 teen feet or for a vehicle with a trailer not exceeding forty feet.
46 Until December thirty-first, nineteen hundred ninety-four, a permit
47 may only be issued for such a vehicle having a maximum gross weight not
48 exceeding eighty-two thousand pounds and any tandem axle group weight
49 shall not exceed sixty-two thousand pounds.
50 After January first, nineteen hundred ninety-five, the operation of
51 such a vehicle shall be further limited and a permit may only be issued
52 for such a vehicle having a maximum gross weight not exceeding seventy-
53 nine thousand pounds and any tandem axle group weight shall not exceed
54 fifty-nine thousand pounds, and any tridem shall not exceed sixty-four
55 thousand pounds.
S. 6059 10 A. 9559
1 A permit may be issued only until December thirty-first, nineteen
2 hundred ninety-four for a vehicle having at least three axles and a
3 wheelbase between fifteen and seventeen feet. The maximum gross weight
4 of such a vehicle shall not exceed seventy-three thousand two hundred
5 eighty pounds and any tandem axle group weight shall not exceed fifty-
6 four thousand pounds.
7 No vehicle having a model year of two thousand six or newer shall be
8 issued a permit pursuant to this subparagraph unless it is equipped with
9 at least four axles, and further provided, after December thirty-first,
10 two thousand fourteen, no permit shall be issued pursuant to this
11 subparagraph to a vehicle of any model year unless the vehicle is
12 equipped with at least four axles.
13 (v) Within a city not wholly included within one county and the coun-
14 ties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange or Dutch-
15 ess, a permit may be issued only until December thirty-first, nineteen
16 hundred ninety-nine for a vehicle or combination of vehicles that has
17 been permitted within the past four years having five axles and a wheel-
18 base of at least thirty-six and one-half feet. The maximum gross weight
19 of such a vehicle or combination of vehicles shall not exceed one
20 hundred five thousand pounds and any tandem axle group weight shall not
21 exceed fifty-one thousand pounds.
22 Within a city not wholly included within one county and the counties
23 of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and Dutchess,
24 a permit may be issued for a vehicle or combination of vehicles having
25 at least five axles and a wheelbase of at least thirty feet. The maximum
26 gross weight of such vehicle or combination of vehicles shall not exceed
27 ninety-three thousand pounds and any tridem axle group weight shall not
28 exceed fifty-seven thousand pounds and any tandem axle group weight
29 shall not exceed forty-five thousand pounds.
30 (vi) Within a city not wholly included within one county and the coun-
31 ties of Westchester, Rockland, Nassau, Suffolk, Putnam, Orange and
32 Dutchess, a permit may be issued for a vehicle or combination of vehi-
33 cles having at least five axles or more and a wheelbase of at least
34 thirty-six and one-half feet, provided such permit contains routing
35 restrictions.
36 Until December thirty-first, nineteen hundred ninety-four, the maximum
37 gross weight of a vehicle or combination of vehicles permitted under
38 this subparagraph shall not exceed one hundred twenty thousand pounds
39 and any tandem or tridem axle group weight shall not exceed sixty-nine
40 thousand pounds, provided, however, that any replacement vehicle or
41 combination of vehicles permitted after the effective date of this
42 subparagraph shall have at least six axles, any tandem axle group shall
43 not exceed fifty thousand pounds and any tridem axle group shall not
44 exceed sixty-nine thousand pounds.
45 After December thirty-first, nineteen hundred ninety-four, the tridem
46 axle group weight of any vehicle or combination of vehicles issued a
47 permit under this subparagraph shall not exceed sixty-seven thousand
48 pounds, any tandem axle group weight shall not exceed fifty thousand
49 pounds and any single axle weight shall not exceed twenty-five thousand
50 seven hundred fifty pounds.
51 After December thirty-first, nineteen hundred ninety-nine, all vehi-
52 cles issued a permit under this subparagraph must have at least six
53 axles.
54 After December thirty-first, two thousand fourteen, all combinations
55 of vehicles issued a permit under this subparagraph must have at least
56 seven axles and a wheelbase of at least forty-three feet.
S. 6059 11 A. 9559
1 After December thirty-first, two thousand six, no permits shall be
2 issued under this subparagraph for a vehicle or combination of vehicles
3 having less than seven axles or having a wheelbase of less than forty-
4 three feet, provided, however, that permits may be issued for vehicles
5 or combinations of vehicles where the permit applicant demonstrates that
6 the applicant acquired the vehicle or combination of vehicles prior to
7 December thirty-first, two thousand six, and that if the vehicle or
8 combination of vehicles was acquired by the applicant after the effec-
9 tive date of this provision, such vehicle or combination of vehicles is
10 less than fifteen years old. In instances where the application is for a
11 combination of vehicles, the applicant shall demonstrate that the power
12 unit of such combination satisfies the conditions of this subparagraph.
13 In no event shall a permit be issued under this subparagraph for a vehi-
14 cle or combination of vehicles having less than seven axles or having a
15 wheelbase of less than forty-three feet after December thirty-first, two
16 thousand fourteen.
17 Except as otherwise provided by this subparagraph for the period
18 ending December thirty-first, two thousand fourteen, after December
19 thirty-first, two thousand three, any combination of vehicles issued a
20 permit under this subparagraph shall not exceed one hundred twenty thou-
21 sand pounds, shall have at least seven axles, shall have a wheelbase of
22 at least forty-three feet, and single axle weight shall not exceed twen-
23 ty-five thousand seven hundred fifty pounds, any tandem axle group
24 weight shall not exceed forty-eight thousand pounds, any tridem axle
25 group weight shall not exceed sixty-three thousand pounds and any four
26 axle group shall not exceed sixty-five thousand pounds.
27 From the date of enactment of this paragraph, permit applications
28 under subparagraphs (i), (ii), (ii-a), (iii), (iv), (v) and (vi) [here-
29 of] of this paragraph for vehicles registered in this state may be
30 honored by the commissioner of transportation or other appropriate
31 authority. The commissioner of transportation and other appropriate
32 authorities may confer and develop a system through rules and regu-
33 lations to assure compliance herewith.
34 § 3. Subdivision 15 of section 385 of the vehicle and traffic law is
35 amended by adding two new paragraphs (j) and (k) to read as follows:
36 (j) The commissioner of transportation is authorized to conduct hear-
37 ings with regard to the issuance or revocation of any permit issued by
38 the commissioner of transportation pursuant to this section and relating
39 to the violation of any condition applicable to such permit as provided
40 in subdivision three of section one hundred forty-five of the transpor-
41 tation law. If a permit issued by the department of transportation is
42 seized and the holder of the permit makes a written request to the
43 department of transportation for a hearing, the commissioner of trans-
44 portation shall schedule a hearing within twenty days of the receipt of
45 such request.
46 (k) Any permit issued pursuant to this section that is seized shall be
47 forwarded to the issuing authority as soon as practicable.
48 § 4. Subdivision 19 of section 385 of the vehicle and traffic law is
49 REPEALED and a new subdivision 19 is added to read as follows:
50 19. (a) (i) A violation of the provisions of subdivision eight, nine,
51 or ten of this section by any vehicle or combination of vehicles whose
52 weight exceeds the weight limitations as set forth in this section, or a
53 violation of such rules and regulations, or a violation of the
54 provisions of the rules or regulations of the city department of trans-
55 portation in a city not wholly included within one county setting forth
56 the maximum allowable gross weight, axle weight, or axle grouping weight
S. 6059 12 A. 9559
1 for the operation of a vehicle in such city without a permit for such
2 vehicle, by any vehicle or combination of vehicles whose weight exceeds
3 the weight limitations as set forth in this section or such rules and
4 regulations, or a violation of the weight limitations specified by
5 permit issued pursuant to subdivision fifteen of this section shall be
6 punishable by fines levied on the registered owner of the vehicle or
7 vehicles, whether at the time of the violation the vehicle was in the
8 charge of the registered owner, or the owner's agent, or lessee, in
9 accordance with the following schedule:
10 Percent of excess weight Amount of fine
11 (percentage) (dollars)
12 greater than less than or equal to
13 0 2.0 150
14 2.0 4.0 300
15 4.0 6.0 450
16 6.0 7.0 525
17 7.0 8.0 600
18 8.0 10.0 750
19 10.0 12.0 950
20 12.0 14.0 1,150
21 14.0 16.0 1,350
22 16.0 18.0 1,550
23 18.0 20.0 1,750
24 20.0 22.0 1,950
25 22.0 24.0 2,150
26 24.0 26.0 2,350
27 26.0 28.0 2,550
28 28.0 30.0 2,750
29 30.0 32.0 2,950
30 32.0 34.0 3,150
31 34.0 36.0 3,350
32 36.0 38.0 3,550
33 38.0 40.0 3,750
34 40.0 3,750
35 or greater plus $125 for
36 each percent
37 over 40 percent
38 (NOTE: Where the total weight or axle or axle grouping weight is greater
39 than four percent including any applicable enforcement scale tolerance
40 in excess of the limits specified by a permit in a city not wholly
41 included in one county or seven percent including any applicable
42 enforcement scale tolerance in excess of the limits specified by a
43 permit in areas outside such a city, the permit shall be deemed voided
44 and then the amount of fine shall be determined in accordance with the
45 maximum weight which would have been in effect for the operation of such
46 vehicle if the permit to exceed such maximum weight had not been
47 issued.)
48 (ii) Notwithstanding subparagraph (i) of this paragraph and only for
49 violations by a vehicle having three or fewer axles and issued a permit
50 pursuant to subparagraph (iv) of paragraph (f) of subdivision fifteen of
51 this section or by a vehicle or combination of vehicles having six or
52 fewer axles and issued a permit pursuant to subparagraph (vi) of para-
53 graph (f) of subdivision fifteen of this section, a violation of the
54 provisions of subdivision ten of this section in a city not wholly
S. 6059 13 A. 9559
1 included within one county or of the provisions of the rules or regu-
2 lations of the city department of transportation of such city setting
3 forth the maximum allowable gross weight for the operation of such vehi-
4 cle or combination of vehicles in such city without a permit for such
5 vehicle or combination of vehicles, by such vehicle or combination of
6 vehicles whose weight exceeds the weight limitations (excluding enforce-
7 ment scale tolerance as certified by the state department of agriculture
8 and markets) as set forth in this section, or such rules and regu-
9 lations, or the weight limitations specified by permit issued pursuant
10 to subdivision fifteen of this section shall be punishable by fines
11 levied on the registered owner of the vehicle or vehicles, whether at
12 the time of the violation the vehicle was in the charge of the regis-
13 tered owner, or his or her agent, or lessee, in accordance with the
14 following schedule:
15 Excess total weight Amount of fine
16 (pounds) (dollars)
17 greater than less than or equal to
18 0 2,000 50
19 2,000 3,000 75
20 3,000 4,000 100
21 4,000 5,000 200
22 5,000 6,000 300
23 6,000 7,000 400
24 7,000 8,000 500
25 8,000 9,000 600
26 9,000 10,000 700
27 10,000 15,000 1,200
28 15,000 20,000 1,700
29 20,000 25,000 2,200
30 25,000 30,000 2,700
31 30,000 35,000 3,200
32 35,000 40,000 3,700
33 40,000 45,000 4,200
34 45,000 50,000 or greater 4,700
35 (NOTE: Where the total weight (excluding enforcement scale tolerance
36 as certified by the state department of agriculture and markets) is
37 greater than the limits specified by a permit, the permit shall be
38 deemed voided and then the amount of fine shall be determined in accord-
39 ance with the maximum weight which would have been in effect for the
40 operation of such vehicle if the permit to exceed such maximum weight
41 had not been issued.)
42 (iii) Notwithstanding subparagraph (i) of this paragraph and only for
43 violations by a vehicle having three or fewer axles and issued a permit
44 pursuant to subparagraph (iv) of paragraph (f) of subdivision fifteen of
45 this section or by a vehicle or combination of vehicles having six or
46 fewer axles and issued a permit pursuant to subparagraph (vi) of para-
47 graph (f) of subdivision fifteen of this section, a violation of the
48 provisions of subdivisions eight and nine of this section in a city not
49 wholly included within one county or of the provisions of the rules or
50 regulations of the city department of transportation of such city
51 setting forth the maximum allowable axle or tandem axle weight for the
52 operation of such vehicle or combination of vehicles in such city with-
53 out a permit for such vehicle or combination of vehicles, by such vehi-
54 cle or combination of vehicles whose weight exceeds the weight limita-
55 tions (excluding enforcement scale tolerance as certified by the state
S. 6059 14 A. 9559
1 department of agriculture and markets) as set forth in this section, or
2 such rules or regulations, or the weight limitations specified by permit
3 issued pursuant to subdivision fifteen of this section shall be punisha-
4 ble by fines levied on the registered owner of the vehicle or vehicles,
5 whether at the time of the violation the vehicle was in the charge of
6 the registered owner, or his or her agent, or lessee, in accordance with
7 the following schedule:
8 Percentage of excess Amount of fine
9 weight (percentage) (dollars)
10 greater than less than or equal to
11 0.0 5.0 100
12 5.0 10.0 200
13 10.0 15.0 350
14 15.0 20.0 600
15 20.0 25.0 1,000
16 25.0 30.0 1,600
17 30.0 35.0 2,450
18 35.0 40.0 3,600
19 40.0 45.0 5,100
20 45.0 7,000
21 (NOTE: Where the axle or axles weight (excluding enforcement scale
22 tolerance as certified by the state department of agriculture and
23 markets) is greater than the limits specified by a permit, the permit
24 shall be deemed voided and then the amount of fine shall be determined
25 in accordance with the maximum weight which would have been in effect
26 for the operation of such vehicle if the permit to exceed such maximum
27 weight had not been issued.)
28 (b) In addition to the fines imposed by paragraph (a) of this subdivi-
29 sion, the registration of the vehicle may be suspended for a period not
30 to exceed one year, whether at the time of the violation of this section
31 the vehicle was in charge of the owner or the owner's agent, or lessee.
32 The provisions of section five hundred ten of this chapter shall apply
33 to such suspension, except as otherwise provided herein.
34 (c) If the vehicle is the subject of a permit issued pursuant to para-
35 graph (f) of subdivision fifteen of this section and if the registered
36 owner of a vehicle fails to appear on the return date or subsequent
37 adjourned date of a summons, appearance ticket or notice of violation
38 issued pursuant to this subdivision or fails to pay a fine imposed
39 pursuant to this subdivision, the registration of the vehicle or the
40 privilege of operating the vehicle in this state shall be suspended for
41 a period not to exceed one year. The suspension shall remain in effect
42 until the registered owner's appearance or payment of the fine. The
43 commissioner or the commissioner's agent may deny a registration appli-
44 cation of any other person for the same vehicle where the commissioner
45 has reasonable grounds to believe that such registration will have the
46 effect of defeating the purpose of this paragraph.
47 (d) Except for violations to which the penalties set forth in subpara-
48 graph (ii) or (iii) of paragraph (a) of this subdivision apply, in
49 connection with the weighing of a vehicle or combination of vehicles, if
50 it is found that there is a violation of subdivision ten of this section
51 and also of subdivision eight or nine of this section, or both subdivi-
52 sions eight and nine of this section, there shall be a single fine
S. 6059 15 A. 9559
1 imposed and the maximum amount of such fine shall not exceed the highest
2 fine that could be imposed under this subdivision.
3 § 5. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on and after April 1, 2004; provided,
5 further, that sections three and four of this act shall take effect on
6 the ninetieth day after this act shall have become a law.
7 PART D
8 Section 1. Section 3 of part I of chapter 62 of the laws of 2003,
9 amending the vehicle and traffic law relating to requiring criminal
10 history checks, is amended to read as follows:
11 § 3. This act shall take effect [immediately] on the same date as
12 regulations of the federal transportation safety administration promul-
13 gated pursuant to 49 CFR 1570 and 1572 regarding criminal history checks
14 for holders of hazardous material endorsements take effect, except that
15 where this act shall conflict with or duplicate the provisions of such
16 regulations, such regulations shall supersede the conflicting or dupli-
17 cative provisions of this act.
18 § 2. This act shall take effect immediately; provided that the commis-
19 sioner of motor vehicles shall notify the legislative bill drafting
20 commission upon the occurrence of the enactment of the legislation
21 provided for in section one of this act in order that the commission may
22 maintain an accurate and timely effective data base of the official text
23 of the laws of the state of New York in furtherance of effecting the
24 provisions of section 44 of the legislative law and section 70-b of the
25 public officers law.
26 PART E
27 Section 1. The vehicle and traffic law is amended by adding a new
28 section 1199 to read as follows:
29 § 1199. Driver responsibility assessment. 1. In addition to any fines,
30 fees, penalties and surcharges authorized by law, any person convicted
31 of a violation of any subdivision of section eleven hundred ninety-two
32 of this article, or any person found to have refused a chemical test in
33 accordance with section eleven hundred ninety-four of this article not
34 arising out of the same incident as a conviction for a violation of any
35 of the provisions of section eleven hundred ninety-two of this article,
36 shall become liable to the department for payment of a driver responsi-
37 bility assessment as provided in this section.
38 2. The amount of the driver responsibility assessment under this
39 section shall be one thousand dollars per year for a three-year period.
40 3. Upon receipt of evidence that a person is liable for the driver
41 responsibility assessment required by this section, the commissioner
42 shall notify such person by first class mail to the address of such
43 person on file with the department or at the current address provided by
44 the United States postal service of the amount of such assessment and
45 the time and manner of making required payments.
46 4. If a person shall fail to pay any driver responsibility assessment
47 as provided in this section, the commissioner shall suspend such
48 person's driver's license or privilege of obtaining a license. Such
49 suspension shall remain in effect until any and all outstanding driver
50 responsibility assessments have been paid in full.
51 5. The provisions of this section shall also be applicable to any
52 person convicted of any violation of section forty-nine-a of the naviga-
S. 6059 16 A. 9559
1 tion law, any person convicted of a violation of section 25.24 of the
2 parks, recreation and historic preservation law, or any person found to
3 have refused a chemical test in accordance with the applicable
4 provisions of either the navigation law or the parks, recreation and
5 historic preservation law not arising out of the same incident as such
6 conviction.
7 § 2. Section 503 of the vehicle and traffic law is amended by adding a
8 new subdivision 4 to read as follows:
9 4. Driver responsibility assessment. (a) Any person who accumulates
10 six or more points on his or her driving record for acts committed with-
11 in an eighteen month period shall become liable to the department for
12 payment of a driver responsibility assessment as provided in this subdi-
13 vision.
14 (b) The amount of the driver responsibility assessment under this
15 section shall be one hundred dollars per year for a three-year period
16 for the first six points on a driver's record and an additional twenty-
17 five dollars per year for each additional point on such driver's record.
18 (c) Upon receipt of evidence that a person is liable for the driver
19 responsibility assessment required by this subdivision, the commissioner
20 shall notify such person by first class mail to the address of such
21 person on file with the department or at the current address provided by
22 the United States postal service of the amount of such assessment and
23 the time and manner of making required payments.
24 (d) If a person shall fail to pay any driver responsibility assessment
25 as provided in this subdivision, the commissioner shall suspend such
26 person's driver's license or privilege of obtaining a license. Such
27 suspension shall remain in effect until any and all outstanding driver
28 responsibility assessments have been paid in full.
29 (e) Any completion of a motor vehicle accident prevention course
30 approved pursuant to article twelve-B of this chapter shall not serve to
31 reduce the calculation of points on a person's driving record for the
32 purposes of this section.
33 § 3. This act shall take effect on the ninetieth day after it shall
34 have become a law.
35 PART F
36 Section 1. Subdivision 12 of section 27-1901 of the environmental
37 conservation law, as added by section 3 of part V1 of chapter 62 of the
38 laws of 2003, is amended to read as follows:
39 12. "Vehicle" or "Motor Vehicle" means any device which by virtue of
40 its design could qualify for registration pursuant to section four
41 hundred one, four hundred ten, two thousand two hundred sixty-one, or
42 two thousand two hundred eighty-two of the vehicle and traffic law.
43 § 2. This act shall take effect on the sixtieth day after it shall
44 have become law; provided, however, that for purposes of the fee imposed
45 by section 27-1913 of the environmental conservation law, this act shall
46 take effect on the first day of the quarterly period, as described in
47 such section, next commencing at least 60 days after this act shall have
48 become a law and shall apply to sales of new tires on or after such
49 date; and provided further, however, that the commissioner of taxation
50 and finance shall be authorized on and after the date this act shall
51 have become law to adopt and amend any rules and regulations and issue
52 any procedures, forms or instructions necessary to implement this act on
53 its effective date.
S. 6059 17 A. 9559
1 PART G
2 Section 1. Expenditures of moneys appropriated in a chapter of the
3 laws of 2004 to the energy research and development authority from the
4 special revenue funds - other/state operations, miscellaneous special
5 revenue fund-339, energy research and planning account under the
6 research, development and demonstration and policy and planning programs
7 for services and expenses for the research, development and demon-
8 stration and policy and planning programs shall be subject to the
9 provisions of this section. Notwithstanding the provisions of subdivi-
10 sion 4-a of section 18-a of the public service law, all moneys committed
11 or expended shall be reimbursed by assessment against gas corporations
12 and electric corporations as defined in section 2 of the public service
13 law, and the total amount which may be charged to any gas corporation
14 and any electric corporation shall not exceed one cent per one thousand
15 cubic feet of gas sold and .010 cent per kilowatt-hour of electricity
16 sold by such corporations in their intrastate utility operations in
17 calendar year 2002. Such amounts shall be excluded from the general
18 assessment provisions of subdivision 2 of section 18-a of the public
19 service law, but shall be billed and paid in the manner set forth in
20 such subdivision and upon receipt shall be paid to the state comptroller
21 for deposit in the state treasury for credit to the miscellaneous
22 special revenue fund. The director of the budget shall not issue a
23 certificate of approval with respect to the commitment and expenditure
24 of moneys hereby appropriated until the chair of such authority shall
25 have submitted, and the director of the budget shall have approved, a
26 comprehensive financial plan encompassing all moneys available to and
27 all anticipated commitments and expenditures by such authority from any
28 source for the operations of such authority. Copies of the approved
29 comprehensive financial plan shall be immediately submitted by the
30 director of the budget to the chairs and secretaries of the legislative
31 fiscal committees.
32 § 2. This act shall take effect immediately and shall be deemed to
33 have been in full force and effect on and after April 1, 2004.
34 PART H
35 Section 1. Notwithstanding any other law, rule or regulation to the
36 contrary, expenses of the department of health public service education
37 program incurred pursuant to appropriations from the cable television
38 account of the state miscellaneous special revenue funds shall be deemed
39 expenses of the department of public service.
40 § 2. Expenditures of moneys appropriated in a chapter of the laws of
41 2004 to the department of agriculture and markets from the special
42 revenue funds-other/state operations, miscellaneous special revenue
43 fund-339, public service account for the agricultural business services
44 program shall be subject to the provisions of this section. Notwith-
45 standing any law to the contrary, expenditures from the miscellaneous
46 special revenue fund appropriation, and indirect costs under the comp-
47 troller's statewide cost allocation plan, shall be deemed expenses of
48 the department of public service within the meaning of section 18-a of
49 the public service law and assessed accordingly. Expenditures subject to
50 assessment shall include those for direct and indirect participation in
51 certification proceedings pursuant to article 7 of the public service
52 law.
S. 6059 18 A. 9559
1 § 3. Expenditures of moneys appropriated in a chapter of the laws of
2 2004 to the department of economic development from the special revenue
3 funds-other/state operations, miscellaneous special revenue fund-339,
4 public service account for the administration program shall be subject
5 to the provisions of this section. Notwithstanding any law to the
6 contrary, expenditures from the miscellaneous special revenue fund
7 appropriations and indirect costs under the comptroller's statewide cost
8 allocation plan, shall be deemed expenses of the department of public
9 service within the meaning of section 18-a of the public service law and
10 assessed accordingly. Expenditures subject to assessment shall include
11 those for direct and indirect participation in certification proceedings
12 pursuant to article 7 of the public service law.
13 § 4. Expenditures of moneys appropriated in a chapter of the laws of
14 2004 to the office of parks, recreation and historic preservation from
15 the special revenue funds-other/state operations, miscellaneous special
16 revenue fund-339, public service account under the historic preservation
17 program shall be subject to the provisions of this section. Notwith-
18 standing any law to the contrary, expenditures from the miscellaneous
19 special revenue fund appropriations, and indirect costs under the comp-
20 troller's statewide cost allocation plan, shall be deemed expenses of
21 the department of public service within the meaning of section 18-a of
22 the public service law and assessed accordingly. Expenditures subject to
23 assessment shall include those for direct and indirect participation in
24 certification proceedings pursuant to article 7 of the public service
25 law.
26 § 5. Expenditures of moneys appropriated in a chapter of the laws of
27 2004 to the consumer protection board from the special revenue funds-
28 other/state operations, miscellaneous special revenue fund-339, public
29 service account for the consumer protection program for services and
30 expenses related to consumer protection activities, including travel
31 outside the state, shall be subject to the provisions of this section.
32 Notwithstanding any provision of law to the contrary, such expenditures
33 shall be deemed an expense of the department of public service within
34 the meaning of section 18-a of the public service law.
35 § 6. Expenditures of moneys appropriated in a chapter of the laws of
36 2004 to the department of environmental conservation from the special
37 revenue funds-other/state operations, environmental conservation special
38 revenue fund-301, utility environmental regulation account shall be
39 subject to the provisions of this section. Notwithstanding any law to
40 the contrary, expenditures from the miscellaneous special revenue fund
41 and indirect costs under the comptroller's statewide cost allocation
42 plan, shall be deemed expenses of the department of public service with-
43 in the meaning of section 18-a of the public service law and assessed
44 accordingly. Expenditures subject to assessment shall include those for
45 direct and indirect participation in certification proceedings pursuant
46 to article 7 of the public service law; oil and gas, coal and nuclear
47 regulatory and planning activities; and small hydropower, cogeneration,
48 alternate energy and electric generation facility sitings.
49 § 7. Expenditures of moneys appropriated in a chapter of the laws of
50 2004 to the office of public security from the special revenue funds-
51 other/state operations, miscellaneous special revenue fund-339, public
52 service account for the office of cyber security and critical infras-
53 tructure coordination and a review of security measures at power facili-
54 ties shall be subject to the provisions of this section. Notwithstanding
55 any law to the contrary, expenditures from the miscellaneous special
56 revenue fund appropriation, and indirect costs under the comptroller's
S. 6059 19 A. 9559
1 statewide cost allocation plan, shall be deemed expenses of the depart-
2 ment of public service within the meaning of section 18-a of the public
3 service law and assessed accordingly.
4 § 8. This act shall take effect immediately and shall be deemed to
5 have been in full force and effect on and after April 1, 2004.
6 PART I
7 Section 1. Section 1-0303 of the environmental conservation law is
8 amended by adding four new subdivisions 26, 27, 28 and 29 to read as
9 follows:
10 26. "All terrain vehicle" shall have the meaning set forth in para-
11 graph (a) of subdivision one of section twenty-two hundred eighty-one of
12 the vehicle and traffic law.
13 27. "Motor vehicle" shall have the meaning set forth in section one
14 hundred twenty-five of the vehicle and traffic law.
15 28. "Private roads" shall have the meaning set forth in section one
16 hundred thirty-three of the vehicle and traffic law.
17 29. "Public highway" shall have the meaning set forth in section one
18 hundred thirty-four of the vehicle and traffic law.
19 § 2. Section 9-0303 of the environmental conservation law is amended
20 by adding a new subdivision 8 to read as follows:
21 8. All terrain vehicles. a. On forest preserve lands both inside and
22 outside the boundaries of the Adirondack park or Catskill park and on
23 other state-owned lands under the department's jurisdiction which are
24 located within the boundaries of the Adirondack park or the Catskill
25 park, the public use of all terrain vehicles is limited to public high-
26 ways or portions thereof in compliance with section twenty-four hundred
27 five of the vehicle and traffic law. In addition, the use of all terrain
28 vehicles by the general public on state-owned land under the depart-
29 ment's jurisdiction which is located within the boundaries of the
30 Adirondack park or the Catskill park must comply with the requirements
31 of the Adirondack park state land master plan, adopted pursuant to
32 section eight hundred sixteen of the executive law, or the Catskill park
33 state land master plan, respectively.
34 b. Notwithstanding any other provision of law to the contrary, public
35 use of all terrain vehicles on conservation easements held by the
36 department may be allowed in the discretion of the commissioner on
37 private roads and trails which are not open to the public use of motor
38 vehicles. Public highways on such easements may be opened to the public
39 use of all terrain vehicles only in compliance with section twenty-four
40 hundred five of the vehicle and traffic law.
41 c. The public use of all terrain vehicles on state lands under the
42 jurisdiction of the department, except those lands described in para-
43 graphs a and b of this subdivision, may be authorized in the discretion
44 of the commissioner, provided that the public use of all terrain vehi-
45 cles on public highways situated on such lands shall comply with the
46 requirements of section twenty-four hundred five of the vehicle and
47 traffic law.
48 d. Persons with qualifying disabilities and a companion to whom the
49 department has issued a temporary permit may use all terrain vehicles at
50 the locations authorized by such permit and pursuant to the terms and
51 conditions of such permit. Such permits shall comply with the require-
52 ments of section twenty-four hundred five of the vehicle and traffic
53 law. In addition, to the extent that such permits authorize the use of
54 all terrain vehicles in the Adirondack park and Catskill park, such
S. 6059 20 A. 9559
1 permits shall comply with the guidelines set forth in the Adirondack
2 park state land master plan or the Catskill park state land master plan,
3 respectively.
4 e. All terrain vehicles may be used on state land under the depart-
5 ment's jurisdiction within the Adirondack park or the Catskill park for
6 appropriate administrative, law enforcement, and emergency purposes as
7 specified in the Adirondack park state land master plan or the Catskill
8 park state land master plan, respectively.
9 § 3. The environmental conservation law is amended by adding a new
10 article 58 to read as follows:
11 ARTICLE 58
12 ALL TERRAIN VEHICLES
13 Section 58-0101. State assistance.
14 58-0103. Rules and regulations.
15 § 58-0101. State assistance.
16 1. The commissioner shall develop and implement a program of state
17 assistance payments, subject to annual appropriations, for the following
18 purposes:
19 a. The following programs of municipalities and not-for-profit all
20 terrain vehicle associations:
21 (1) programs on all terrain vehicle safety, education, and training
22 which are conducted by municipalities and not-for-profit all terrain
23 vehicle associations;
24 (2) the development and maintenance of all terrain vehicle trails
25 which are open to the general public;
26 (3) the lease and purchase of land for the development of all terrain
27 vehicle trails;
28 (4) the purchase, lease and maintenance of facilities related to the
29 use and enjoyment of trails;
30 (5) the purchase and lease of equipment related to the development and
31 maintenance of trails and directly related facilities; and
32 (6) other costs directly related to the administration of such
33 programs;
34 b. Municipal and state law enforcement activities which are directly
35 related to the enforcement of state statutes, rules and regulations and
36 municipal local laws and ordinances relating to the operation of all
37 terrain vehicles;
38 c. The development by the department of a statewide all terrain vehi-
39 cle trail map and user safety guide and program, to be completed no
40 later than three years after the effective date of this section;
41 d. The development and maintenance of all terrain vehicle trails and
42 maintenance of private roads on conservation easement lands held by the
43 state of New York which are under the jurisdiction of the department;
44 and
45 e. Expenses associated with the department's administration of the
46 state assistance authorized pursuant to this section.
47 2. Upon approval of an application from a municipality or not-for-pro-
48 fit all terrain vehicle association, the commissioner and such applicant
49 shall enter into a contract for state assistance payments toward the
50 cost of the project, which shall include, but not be limited to, the
51 following:
52 a. A current estimate of the cost of the project as determined by the
53 commissioner at the time of the execution of the contract;
54 b. An agreement by the commissioner to make state assistance payments
55 toward the cost of the project by periodically reimbursing the recipient
56 for costs incurred during the progress of the project. Such costs are
S. 6059 21 A. 9559
1 subject to final computation and determination by the commissioner upon
2 completion of the project and shall not exceed the maximum cost set
3 forth in the contract. The approved project cost shall be reduced by the
4 amount of any specific grants for the project which are received by the
5 recipient from any other source; and
6 c. An agreement by the recipient to proceed expeditiously with the
7 project, to comply with all applicable laws and regulations in develop-
8 ing the project, and to complete the project in accordance with plans
9 and reports approved by the department for the project.
10 3. The commissioner shall reject any application for state assistance
11 under this article where the commissioner determines that the expendi-
12 ture or project is not in the best interests of the state. In making
13 such a determination the commissioner may consider, but not be limited
14 to, the potential impacts which the expenditure or project could have on
15 public lands which are located near the project and appropriate environ-
16 mental factors, including but not limited to, the potential impacts on
17 wetlands, wildlife habitats, and flora and fauna, and potential
18 conflicts with other user groups.
19 4. The amount of state assistance payments to be allocated to eligible
20 applicants for trail development and maintenance shall be drawn from the
21 all terrain vehicle trail development and maintenance appropriation and
22 shall be determined by the commissioner. The commissioner shall certify
23 to the comptroller the amount thus determined for each municipality and
24 not-for-profit association as the amount of state assistance to be
25 apportioned to each.
26 5. No state assistance shall be allocated from funds pursuant to this
27 section for use in all terrain vehicle trail development and maintenance
28 on state-owned land under the jurisdiction of the department, provided,
29 however, that such assistance may be allocated pursuant to this section
30 for use in all terrain vehicle trail development and maintenance of
31 trails and private roads on conservation easement lands as set forth in
32 paragraph b of subdivision eight of section 9-0303 of this chapter.
33 § 58-0103. Rules and regulations.
34 The commissioner shall adopt such rules and regulations as deemed
35 necessary to carry out the provisions of this article.
36 § 4. Section 2282 of the vehicle and traffic law is amended by adding
37 two new subdivisions 2-a and 6-a to read as follows:
38 2-a. No later than three years after the effective date of this subdi-
39 vision, the commissioner shall, at the time of registration pursuant to
40 subdivision two of this section, provide or cause to be provided a copy
41 of the all terrain vehicle trail map and user guide, developed by the
42 department of environmental conservation pursuant to paragraph c of
43 subdivision one of section 58-0101 of the environmental conservation
44 law, to every person who registers an all terrain vehicle. Such map and
45 user guide shall also be made available to the public through other
46 appropriate means as determined by the commissioner and the commissioner
47 of environmental conservation.
48 6-a. Registration at time of sale. Every all terrain vehicle sold by a
49 dealer shall be registered at the time of sale of such vehicle. Such
50 registration shall be valid until the thirty-first day of August follow-
51 ing the date of such sale; provided, however, that any all terrain vehi-
52 cle sold after April first of each year shall be issued a registration
53 valid until the thirty-first day of August in the year following that in
54 which the all terrain vehicle is sold. Any all terrain vehicle purchased
55 for use exclusively outside of the state of New York shall not require
56 registration at the time of purchase, and the purchaser of such all
S. 6059 22 A. 9559
1 terrain vehicle shall sign a declaration, provided by the dealer, which
2 shall state that such purchaser understands the conditions under which
3 an all terrain vehicle must be registered and the penalty for violation
4 of such registration provisions. The form of such declaration shall be
5 provided by the commissioner.
6 § 5. Paragraphs (a) and (b) of subdivision 4 of section 2282 of the
7 vehicle and traffic law, as amended by chapter 402 of the laws of 1986,
8 are amended to read as follows:
9 (a) An annual fee of [ten] forty-five dollars for each individual
10 resident registration.
11 (b) An annual fee of [ten] forty-five dollars for each individual
12 nonresident registration.
13 § 6. Subdivision 12 of section 2282 of the vehicle and traffic law is
14 REPEALED and a new subdivision 12 is added to read as follows:
15 12. Out of state all terrain vehicle registration. The registration
16 provisions of this article shall apply to non-resident owners of all
17 terrain vehicles used in New York state as provided for by the commis-
18 sioner except when an owner's all terrain vehicle is used on authorized
19 trails which proceed along a New York state border and which, occa-
20 sionally as dictated by the terrain, cross into another state, in which
21 such all terrain vehicle is registered. Such cross border trails on
22 which nonresident owned all terrain vehicles may proceed without New
23 York state registration shall be designated by the state commissioner of
24 environmental conservation pursuant to paragraph c of subdivision one of
25 section 58-0101 of the environmental conservation law and such commis-
26 sioner shall publish such trail designation in the New York state regis-
27 ter and other publications accessible to those who use all terrain vehi-
28 cles. Such non-resident registration application shall be made available
29 at the place of business of all registered dealers and by mail from the
30 department. Nothing in this subdivision shall be construed to authorize
31 the operation of any all terrain vehicle contrary to the provisions of
32 this article.
33 § 7. Subdivision 1 of section 2283 of the vehicle and traffic law is
34 amended by adding three new paragraphs (a), (b) and (c) to read as
35 follows:
36 (a) A permanent registration number plate shall be placed on every all
37 terrain vehicle. The plate shall be placed on the rear of the vehicle.
38 The plate shall be placed as high as possible above and between the
39 tires and shall be securely fastened so as to prevent the same from
40 swinging.
41 (b) Such plate shall be issued by the commissioner and shall display
42 the registration number corresponding to that of the registration
43 certificate.
44 (c) Such plate shall be kept clean and in a condition so as to be
45 easily readable and shall not be covered by glass or plastic, and the
46 view thereof shall not be obstructed by any part of the vehicle or by
47 anything carried thereon.
48 § 8. Section 2291 of the vehicle and traffic law, as amended by chap-
49 ter 190 of the laws of 1990, is amended to read as follows:
50 § 2291. Disposition of fees. The commissioner shall deposit all monies
51 received [by him] from the registration of ATVs and all fees otherwise
52 collected [by him] under this article to the credit of the general
53 fund[, as prescribed by section twenty-two hundred ninety-two of this
54 chapter].
55 § 9. Section 2404 of the vehicle and traffic law, as added by chapter
56 402 of the laws of 1986, is amended to read as follows:
S. 6059 23 A. 9559
1 § 2404. Operating rules. 1. No person shall operate an ATV:
2 (a) at a rate of speed greater than is reasonable and prudent under
3 the conditions and having regard to the actual and potential hazards
4 then existing;
5 (b) in a careless, reckless or negligent manner so as to unreasonably
6 endanger the person or property of another or cause injury or damage
7 thereto;
8 (c) on the tracks or right-of-way of an operating railroad;
9 (d) in any tree nursery or planting in a manner that damages or
10 destroys growing stock, or creates a substantial risk thereto;
11 (e) while pulling a person on skis or drawing or towing a sleigh,
12 sled, toboggan or trailer which carries or transports any person unless
13 attached by a rigid support, connection or towbar;
14 (f) on the frozen surface of public waters: within one hundred feet of
15 any person other than a person riding on an ATV except at the minimum
16 speed required to maintain forward movement of the ATV, nor within one
17 hundred feet of a fishing shanty or shelter except at the minimum speed
18 required to maintain forward movement of the ATV nor on an area which
19 has been cleared of snow for skating purposes unless the area is neces-
20 sary for access to the public water;
21 (g) within one hundred feet of a dwelling between midnight and six
22 a.m., at a speed greater than minimum required to maintain forward move-
23 ment of the ATV;
24 (h) on public lands, other than highways, or on private property of
25 another while in an intoxicated condition or under the influence of
26 narcotics or drugs.
27 2. The operator of an ATV shall:
28 (a) stop and yield to an authorized ambulance, civil defense, or
29 police ATV or police vehicle being operated as an emergency vehicle and
30 approaching from any direction;
31 (b) comply with any lawful order or direction of any police officer or
32 other person duly empowered to enforce the laws relating to ATVs.
33 3. No person shall ride on or in a sleigh, sled, toboggan or trailer
34 which is being towed or trailed by an ATV unless attached by a rigid
35 support, connection or towbar.
36 4. [A person operating an ATV shall ride only upon the permanent and
37 regular seat attached thereto, and such operator shall not carry any
38 other person nor shall any other person ride on an ATV unless such ATV
39 is designed to carry more than one person, in which event a passenger
40 may ride upon the permanent and regular seat if designed for two
41 persons, or upon another seat firmly attached to the ATV at the rear or
42 side of the operator.
43 5.] For the purposes of title seven of this chapter, an ATV shall be a
44 motor vehicle and the provisions of such title shall be applicable to
45 ATVs.
46 [6.] 5. Local laws and ordinances. Nothing contained in this article
47 shall be deemed to limit the authority of a county, city, town or
48 village from adopting or amending a local law or ordinance which imposes
49 stricter restrictions and conditions on the operation of ATVs than are
50 provided or authorized by this section so long as such local law or
51 ordinance is consistent with its authority to protect the order,
52 conduct, health, safety and general welfare of persons or property.
53 § 10. Section 2406 of the vehicle and traffic law is amended by adding
54 a new subdivision 4 to read as follows:
55 4. A person operating an ATV shall ride only upon the permanent and
56 regular seat attached thereto, and such operator shall not carry any
S. 6059 24 A. 9559
1 other person nor shall any other person ride on an ATV unless such ATV
2 is designed to carry more than one person, in which event a passenger
3 may ride upon the permanent and regular seat if designed for two
4 persons, or upon another seat firmly attached to the ATV at the rear or
5 side of the operator.
6 § 11. The vehicle and traffic law is amended by adding a new section
7 2414 to read as follows:
8 § 2414. Failure to comply. 1. First violations. Failure to comply
9 with a provision of law regarding the operation of an ATV shall consti-
10 tute a violation as provided in the penal law, provided, further, that
11 no fine or penalty imposed shall be less than one hundred dollars.
12 2. Second violation. A second violation of such law within a five year
13 period shall be punishable as provided by the penal law, provided,
14 further, that no fine or penalty imposed under this section shall be
15 less than one hundred fifty dollars.
16 3. Third and subsequent violations. Third and subsequent violations of
17 such law within a five year period shall be punishable as provided by
18 the penal law, provided, further, that no fine or penalty imposed under
19 this section shall be less than two hundred dollars.
20 § 12. Nothing in this act shall be deemed to limit the authority of a
21 county, city, town or village from adopting or amending a local law or
22 ordinance which imposes stricter restrictions and conditions on the
23 operation of all terrain vehicles than are provided or authorized by
24 this act, so long as such local law or ordinance is consistent with its
25 authority to protect the order, conduct, health, safety and general
26 welfare of persons or property.
27 § 13. Section 21.07 of the parks, recreation and historic preservation
28 law, as amended by section 1 of part G of chapter 82 of the laws of
29 2002, is amended to read as follows:
30 § 21.07 Fee for snowmobile trail development and maintenance. A fee of
31 [twenty] thirty-five dollars is hereby imposed upon the resident, and
32 [thirty] thirty-five dollars upon the nonresident, owner of a snowmobile
33 for the snowmobile trail development and maintenance fund to be paid to
34 the commissioner of motor vehicles upon the registration thereof in
35 addition to the registration fee required by the vehicle and traffic
36 law, the payment of which fee hereby imposed shall be a condition prece-
37 dent to such individual resident, individual nonresident or dealer
38 registration.
39 § 14. Subdivisions 4 and 4-a of section 2222 of the vehicle and traf-
40 fic law, subdivision 4 as added by chapter 839 of the laws of 1973,
41 paragraph (c) of subdivision 4 as amended by chapter 337 of the laws of
42 1997, and subdivision 4-a as amended by section 3 of part G of chapter
43 82 of the laws of 2002, are amended to read as follows:
44 4. Fees. Fees for registration of snowmobiles, to be collected by the
45 commissioner under this article, are as follows:
46 (a) A fee of [five] ten dollars for each individual resident registra-
47 tion.
48 (b) A fee of [five] ten dollars for each individual nonresident regis-
49 tration.
50 (c) A fee of fifty dollars for each two-year dealer registration.
51 (d) A fee of five dollars for each additional dealer demonstrator
52 registration number.
53 (e) A fee of one dollar for replacement of a lost, mutilated or
54 destroyed certificate.
55 4-a. Additional fee. In addition to the other fees provided for in
56 paragraphs (a), (b) and (c) of subdivision four of this section the
S. 6059 25 A. 9559
1 commissioner shall, upon application in such cases for the registration
2 of a snowmobile or the renewal thereof, collect the annual [twenty]
3 thirty-five dollar fee for residents and [thirty] thirty-five dollar fee
4 for nonresidents imposed by section 21.07 of the parks, recreation and
5 historic preservation law. This fee shall also be collected from deal-
6 ers at the time of original registration and at the time of each
7 renewal.
8 § 15. Subdivision 4 of section 480 of the real property tax law is
9 amended to read as follows:
10 4. The owner of an eligible tract may file with the assessors of the
11 town in which such tract is located a verified application for classi-
12 fication under this section. Application shall be made in duplicate on
13 forms furnished by the [conservation] department of environmental
14 conservation, which shall contain a description of the land sufficient
15 to identify the tract and the necessary information as to the planting
16 or underplanting or natural reproduction. Upon the filing of such
17 application, the assessors shall send a copy thereof to the [conserva-
18 tion] department of environmental conservation for its approval or
19 disapproval. If the [conservation] department of environmental conser-
20 vation approves the application, it shall file certificates of approval,
21 classifying such tract as forested or reforested land, with the asses-
22 sors and with the county clerk of the county in which the tract is situ-
23 ated. The county clerk shall record such certificates in the book of
24 miscellaneous records. All tracts so classified shall be subject to the
25 provisions of this section and the obligations thereof shall devolve
26 upon and the benefits thereof inure to the owner, his successors or
27 assigns. The [state and its] political subdivisions of the state shall
28 [also] be bound thereby. The obligations and benefits of this section
29 with respect to an enrolled tract shall dissolve when such tract or
30 portions thereof are acquired by the state of New York.
31 § 16. Paragraph (a) of subdivision 1 of section 480-a of the real
32 property tax law, as amended by chapter 428 of the laws of 1987, is
33 amended to read as follows:
34 (a) "Approved management plan" shall mean a plan approved by the
35 department for the management of an eligible tract which shall contain
36 requirements and standards to ensure the continuing production of a
37 merchantable forest crop selected by the owner. Every approved manage-
38 ment plan shall identify forest stewardship resources and describe
39 actions to be taken by the landowner to protect soil, water, aesthetic
40 quality, recreation, timber, water, fish and wildlife resources on such
41 land in a manner that is compatible with the objective of ensuring the
42 continuing production of a merchantable forest crop selected by the
43 landowner. Every approved management plan shall set forth requirements
44 and standards relating to stocking, cutting, forest management access,
45 and any specified use of the eligible tract other than for the
46 production of a merchantable forest crop which is desired by the owner
47 and compatible with or supportive of the continuing production of a
48 merchantable forest crop. Such plan shall include provisions accommodat-
49 ing endangered and threatened animals and plants. Such plan must be
50 prepared by or under the direct supervision of a forester who may be the
51 owner or an agent of the owner[, including an industrial forester or a
52 cooperating consultant forester].
53 § 17. Subdivision 2 of section 480-a of the real property tax law is
54 amended by adding a new paragraph (d) to read as follows:
S. 6059 26 A. 9559
1 (d) The obligations and benefits of this section with respect to an
2 enrolled tract shall dissolve when such tract or portions thereof are
3 acquired by the state of New York.
4 § 18. The real property tax law is amended by adding a new section
5 480-b to read as follows:
6 § 480-b. State reimbursement for forest tax exemptions. 1. A county,
7 town or school district containing eligible private forest lands shall
8 be eligible for state reimbursement as provided by this section. For
9 purposes of this section, "eligible private forest lands" means private
10 forest tracts receiving an exemption pursuant to section four hundred
11 eighty or four hundred eighty-a of this title, excluding any tract which
12 is or had been a certified tract on which penalties are imposed pursuant
13 to section four hundred eighty or four hundred eighty-a of this title.
14 2. The county treasurer of any county containing eligible private
15 forest lands shall submit to the state board a list of any changes to
16 the assessed value, taxable status or acreage of all such lands made
17 subsequent to the filing of those assessment rolls upon which county
18 taxes are extended, and the county tax rate and town tax rate extended
19 against any parcel receiving one of those exemptions.
20 3. The business manager of any school district containing eligible
21 private forest lands shall submit to the state board a list of any
22 changes to the assessed value, taxable status or acreage of all such
23 lands made subsequent to the filing of those assessment rolls upon which
24 school taxes are extended, and the school tax rate extended against any
25 parcel receiving one of those exemptions.
26 4. The state board shall compute the amount of state assistance paya-
27 ble to or for the benefit of a county, town or school district on
28 account of eligible private forest lands.
29 5. (a) The amount of state assistance paid to a county, town or school
30 district pursuant to this section shall equal the taxes which would have
31 been levied for county, town or school district purposes upon the
32 assessed valuation partially exempt from taxation on the latest final
33 assessment roll of the eligible private forest lands, minus one percent
34 of the total real property tax levy for county, town or school district
35 purposes for the current year, provided that the amount payable to any
36 county, town or school district pursuant to this section shall not
37 exceed the maximum payment prescribed by paragraph (b) of this subdivi-
38 sion.
39 (b) The maximum payment to a county, town or school district pursuant
40 to this section shall be determined as follows:
41 (i) Multiply the total acreage of the eligible private forest lands in
42 the county, town or school district on the latest final assessment roll
43 by the average forest land value per acre, as determined by the state
44 board based on sales of forest parcels of at least fifty acres through-
45 out the region;
46 (ii) Multiply the result by the full value tax rate for county, town
47 or school district purposes for the current year; and
48 (iii) Subtract from the product one percent of the total real property
49 tax levy for county, town or school district purposes for the current
50 year.
51 6. The state board shall certify to the state comptroller the amount
52 of state assistance payable pursuant to this section, and shall mail a
53 copy of such certification to the county treasurer of each county and
54 business manager of each school district containing eligible private
55 forest tracts. Such state assistance shall be paid on audit and warrant
56 of the comptroller out of monies appropriated by the legislature for
S. 6059 27 A. 9559
1 state assistance to counties, towns and school districts containing
2 eligible private forest tracts.
3 7. If it should appear to the state board that an error was made in
4 the calculation of state assistance pursuant to subdivision five of this
5 section and as a result of that error an incorrect amount of state
6 assistance was paid to a county, town or school district, the state
7 board shall determine the difference between the assistance paid and the
8 assistance that should have been paid and shall adjust the next state
9 assistance certified for such county, town or school district by that
10 difference.
11 § 19. Section 540 of the real property tax law, as amended by chapter
12 751 of the laws of 1990, is amended to read as follows:
13 § 540. List to be supplied by state board. The state board shall
14 annually transmit to the assessors of each assessing unit containing
15 state lands subject to taxation, and to town or county assessors, who
16 prepare a copy of the applicable part of the town or county assessment
17 roll for village tax purposes as provided in subdivision three of
18 section fourteen hundred two of this chapter, for each such village
19 containing state lands subject to taxation, a list of all such lands
20 therein, which list shall be used by the assessors in preparing the
21 assessment roll or copy of the applicable part thereof for village tax
22 purposes. Such list shall include any common law and conservation ease-
23 ment therein made subject to taxation pursuant to this title and the
24 appropriate allocation factor or factors which shall be entered as a
25 separate parcel on the tentative assessment roll by the assessor. Such
26 list shall also include any tracts for which the state provides
27 reimbursement pursuant to section four hundred eighty-b of this chapter
28 and the percentage of state reimbursement.
29 § 20. Severability. If any clause, sentence, paragraph, section or
30 part of this act shall be adjudged by any court of competent jurisdic-
31 tion to be invalid and after exhaustion of all further judicial review,
32 the judgment shall not affect, impair or invalidate the remainder there-
33 of, but shall be confined in its operation to the clause, sentence,
34 paragraph, section or part of this act directly involved in the contro-
35 versy in which the judgment shall have been rendered.
36 § 21. This act shall take effect immediately and shall be deemed to
37 have been in full force and effect on and after April 1, 2004; provided
38 that sections five, thirteen and fourteen of this act shall take effect
39 on the ninetieth day after it shall have become a law; and provided
40 further that state assistance payments made pursuant to section 480-b of
41 the real property tax law, as added by section eighteen of this act,
42 shall be limited to the amounts appropriated by the legislature for
43 this purpose, and shall be submitted based upon the assessment rolls
44 with final completion dates on or after July 1, 2004.
45 PART J
46 Section 1. Subdivision 11 of section 92-c of the public service law,
47 as amended by section 2 of part H1 of chapter 62 of the laws of 2003, is
48 amended to read as follows:
49 11. [Until March thirty-first, two thousand six, a] A fee of twenty-
50 five cents per month per access line assigned to a COCOT is hereby
51 imposed upon each and every COCOT. The local exchange company shall, act
52 as a collection agent for such fees, and remit the funds collected to
53 the department no later than the fifteenth of each and every month. The
54 department shall deposit the funds as soon as received in the [COCOT
S. 6059 28 A. 9559
1 enforcement fund established pursuant to section ninety-two-w of the
2 state finance law] state treasury to the credit of the general fund.
3 § 2. Paragraph c of subdivision 1 of section 765 of the general busi-
4 ness law, as amended by chapter 522 of the laws of 2000, is amended to
5 read as follows:
6 c. An action to recover a penalty under this article may be brought in
7 the supreme court in the judicial district in which the violation was
8 alleged to have occurred which shall be commenced and prosecuted by the
9 attorney general. The public service commission shall, pursuant to
10 section one hundred nineteen-b of the public service law, forward to the
11 attorney general its determination of the amount of the penalty for
12 violations of rules and regulations adopted to implement the require-
13 ments of this article. Upon receipt of such determination, the attorney
14 general may commence an action to recover such penalty. All moneys
15 recovered in any such action, together with the costs thereof, and all
16 moneys recovered as the result of any such public service commission
17 determination shall be paid into the [underground facilities safety
18 training account established pursuant to section ninety-seven-www of the
19 state finance law] state treasury to the credit of the general fund.
20 § 3. Section 92-w of the state finance law, as amended by chapter 730
21 of the laws of 1994, is REPEALED.
22 § 4. Section 97-www of the state finance law, as added by chapter 522
23 of the laws of 2000, is REPEALED.
24 § 5. This act shall take effect immediately and shall be deemed to
25 have been in full force and effect on and after April 1, 2004; provided
26 that the amendments to paragraph c of subdivision 1 of section 765 of
27 the general business law made by section three of this act shall not
28 affect the expiration of such paragraph and shall expire therewith.
REPEAL NOTE: Section 92-w of the state finance law, as amended by
chapter 730 of the laws of 1994, establishes the customer owned currency
operated telephone enforcement fund. Moneys from the fund are available
for payment of costs and expenditures incurred in the enforcement of
section 92-c of the public service law.
Section 97-www of the state finance law, as added by chapter 522 of
the laws of 2000, establishes the underground facilities safety training
account. Moneys from the account are available for training and educa-
tion programs, regarding requirements and procedures for the protection
of underground facilities, conducted by certified one-call notification
systems.
29 PART K
30 Section 1. Subdivision 1 of section 500 of the agriculture and markets
31 law is amended by adding a new paragraph (e) to read as follows:
32 (e) "Food establishment" means any facility within the state in which
33 food is possessed, stored, manufactured, compounded, brewed, distilled,
34 produced, processed, packed, labeled or relabeled, transported, sold,
35 offered or exposed for sale, or served, other than a retail food store
36 or a food warehouse, as defined in this section.
37 § 2. Subdivision 4 of section 500 of the agriculture and markets law,
38 as amended by section 8 of part I1 of chapter 62 of the laws of 2003, is
39 amended to read as follows:
40 4. The department shall inspect each retail food store [at least once
41 in every twelve month period] in accordance with a risk based frequency
42 established by the commissioner. The risk based inspection frequency
43 shall be determined by establishment size, type of food offered for sale
S. 6059 29 A. 9559
1 and other factors that may affect public health. Any store that fails
2 two consecutive inspections shall be inspected at least once in every
3 six month period until it has passed two consecutive inspections. In the
4 event that a retail food store fails three consecutive inspections, the
5 department may, in its discretion, order such establishment to cease all
6 retail operation until it passes inspection or suspend or revoke any
7 license issued to such establishment pursuant to article twenty-C of
8 this chapter.
9 § 3. Subdivision 5 of section 500 of the agriculture and markets law,
10 as added by section 8 of part I1 of chapter 62 of the laws of 2003, is
11 amended to read as follows:
12 5. [Licensure] Registration. No person shall maintain or operate a
13 food establishment, retail food store, food service establishment or
14 food warehouse unless such establishment is [licensed] registered pursu-
15 ant to the provisions of this article, provided, however, that estab-
16 lishments registered, permitted or licensed by the department pursuant
17 to other provisions of this chapter, under permit and inspection by the
18 state department of health or by a local health agency which maintains a
19 program certified and approved by the state commissioner of health, or
20 subject to inspection by the United States department of agriculture
21 pursuant to the federal meat, poultry or egg inspection programs, shall
22 be exempt from [licensure] registration under this article. [Applica-
23 tion for licensure] Registration of a food establishment, retail food
24 store, food service establishment or food warehouse shall be made, upon
25 a form prescribed by the commissioner, on or before December first of
26 every other year for the registration period beginning January first
27 following. Upon submission of a completed application, together with the
28 applicable [licensing] registration fee, the commissioner shall
29 [license] register the food establishment, retail food store, food
30 service establishment or food warehouse described in the application for
31 two years from the applicable registration commencement period set forth
32 in this section. The [licensing] registration fee shall be one hundred
33 dollars provided, however, that food warehouses shall pay a [licensing]
34 registration fee of two hundred dollars. The commissioner shall prorate
35 the [licensing] registration fee for any person licensed after the
36 commencement of the licensing period.
37 § 4. Section 500 of the agriculture and markets law is amended by
38 adding a new subdivision 6 to read as follows:
39 6. Exemptions. The commissioner may, if he or she determines that the
40 protection of the consumers of the state as a whole will not be impaired
41 by such action, provide by regulation for exemption from registration or
42 payment of a registration fee of certain establishments, including, but
43 not limited to, small businesses as determined by annual sales of food,
44 food banks, food pantries, not-for-profit food cooperatives and farmers'
45 markets, when he or she finds that such an exemption would avoid unnec-
46 essary regulation and assist in the administration of this article with-
47 out impairing this article's purpose.
48 § 5. The agriculture and markets law is amended by adding a new arti-
49 cle 20-B to read as follows:
50 ARTICLE 20-B
51 FOOD SECURITY
52 Section 251-o. Declaration of policy and purpose.
53 251-p. Preventative measures.
54 251-q. Rules and regulations.
55 § 251-o. Declaration of policy and purpose. The general purpose of
56 this article is to assure food security by requiring the operators of
S. 6059 30 A. 9559
1 establishments located within the state to take preventative measures to
2 minimize the risk of food under their control being subjected to tamper-
3 ing or criminal or terrorist actions.
4 § 251-p. Preventative measures. Each operator of a food establishment,
5 retail food store, and food warehouse, as defined in section five
6 hundred of this chapter, shall take such preventative measures as the
7 commissioner may require, pursuant to duly promulgated rules and regu-
8 lations, to minimize the risk of food under such operator's control
9 being subjected to tampering or criminal or terrorist actions.
10 § 251-q. Rules and regulations. The commissioner is hereby authorized
11 and directed, after public hearing, to promulgate rules and regulations,
12 including but not limited to regulations establishing preventative meas-
13 ures to minimize the risk of food being subjected to tampering or crimi-
14 nal or terrorist actions.
15 § 6. This act shall take effect immediately.
16 PART L
17 Section 1. Section 72-0302 of the environmental conservation law is
18 REPEALED and a new section 72-0302 is added to read as follows:
19 § 72-0302. State facility permit and registration fees.
20 1. All persons, except those required to pay a fee under section
21 72-0303 of this title, who are required to obtain a permit, registra-
22 tion, or other operating approval pursuant to article nineteen of this
23 chapter and the rules and regulations adopted by the department there-
24 under shall submit to the department a fee in an amount established as
25 follows:
26 a. one thousand two hundred fifty dollars for each state facility
27 permit or other operating approval; and/or
28 b. two hundred dollars for each registration; or
29 c. one hundred dollars for each state facility permit, registration
30 and/or other operating approval issued to a municipality or tax-exempt
31 not-for-profit corporation.
32 2. For purposes of this section:
33 a. "municipality" means a county, city, town, village, or school
34 district.
35 b. "tax-exempt not-for-profit corporation" means a not-for-profit
36 corporation as defined in the not-for-profit corporation law which is
37 exempt from taxation under section 501 (c) (3) of the internal revenue
38 code.
39 § 2. Subdivisions 1 and 2 of section 72-0303 of the environmental
40 conservation law, subdivision 1 as amended by section 1 of part D of
41 chapter 413 of the laws of 1999 and subdivision 2 as added by chapter
42 608 of the laws of 1993, are amended to read as follows:
43 1. Commencing January first, nineteen hundred ninety-four and every
44 year thereafter all sources of regulated air contaminants identified
45 pursuant to subdivision one of section 19-0311 of this chapter shall
46 submit to the department a fee which is the greater of the following:
47 (a) one thousand two hundred fifty dollars or
48 (b) an amount not to exceed forty-five dollars per ton up to six thou-
49 sand tons annually of each regulated air contaminant. Such fee shall be
50 sufficient to support an appropriation approved by the legislature for
51 the direct and indirect costs associated with the operating permit
52 program established in section 19-0311 of this chapter. Such fee shall
53 be established by the department and shall be calculated by dividing the
54 amount of the current year appropriation from the operating permit
S. 6059 31 A. 9559
1 program account of the clean air fund by the total tons of emissions of
2 regulated air contaminants that are subject to the operating permit
3 program fees from sources subject to the operating permit program pursu-
4 ant to section 19-0311 of this chapter up to six thousand tons annually
5 of each regulated air contaminant from each source; provided that, in
6 making such calculation, the department shall adjust their calculation
7 to account for any deficit or surplus in the operating permit program
8 account of the clean air fund established pursuant to section ninety-
9 seven-oo of the state finance law; any loan repayment from the mobile
10 source account of the clean air fund established pursuant to section
11 ninety-seven-oo of the state finance law; and the rate of collection by
12 the department of the bills issued for the fee for the prior year.
13 Notwithstanding the provisions of the state administrative procedure
14 act, such calculation and fee shall be established as a rule by publica-
15 tion in the Environmental Notice Bulletin no later than thirty days
16 after the budget bills making appropriations for the support of govern-
17 ment are enacted or July first, whichever is later, of the year such fee
18 will be effective. In no event shall the fee established herein be any
19 greater than the maximum fee identified pursuant to this section.
20 2. Bills issued for the fee shall be based on actual emissions for the
21 prior calendar year, as demonstrated to the department's satisfaction,
22 or in the absence of such demonstration, on permitted emissions, or,
23 where there is no permit, on potential to emit; provided, however, that
24 in no case shall the fee be less than one thousand two hundred fifty
25 dollars per year. Persons required to submit an emissions statement to
26 the department shall use such statement to demonstrate actual emissions
27 under this section.
28 § 3. This act shall take effect immediately and shall be deemed to
29 have been in full force and effect on and after April 1, 2004.
30 PART M
31 Section 1. Notwithstanding any law to the contrary, the comptroller is
32 hereby authorized and directed to receive for deposit to the credit of
33 the general fund the amount of $913,000 from the New York state energy
34 research and development authority.
35 § 2. Notwithstanding any law to the contrary, the comptroller is here-
36 by authorized and directed to receive for deposit to the credit of the
37 environmental conservation special revenue fund-301 low level radioac-
38 tive waste account from the New York state energy research and develop-
39 ment authority $330,000 received pursuant to subparagraph (ii) of para-
40 graph a of subdivision 2 of section 1854-d of the public authorities law
41 for the purposes specified in a chapter of the laws of 2004.
42 § 3. This act shall take effect immediately and shall be deemed to
43 have been in full force and effect on and after April 1, 2004.
44 PART N
45 Section 1. Section 2 of chapter 393 of the laws of 1994, amending the
46 New York state urban development corporation act, as amended by section
47 1 of part M1 of chapter 62 of the laws of 2003, is amended to read as
48 follows:
49 § 2. This act shall take effect immediately [provided, however, that
50 section one of this act shall expire on July 1, 2004, at which time the
51 provisions of subdivision 26 of section 5 of the New York state urban
52 development corporation act shall be deemed repealed; provided, however,
S. 6059 32 A. 9559
1 that neither the expiration nor the repeal of such subdivision as
2 provided for herein shall be deemed to affect or impair in any manner
3 any loan made pursuant to the authority of such subdivision prior to
4 such expiration and repeal].
5 § 2. This act shall take effect immediately and shall be deemed to
6 have been in full force and effect on and after April 1, 2004.
7 PART O
8 Section 1. (a) Subject to the provisions of chapter 59 of the laws of
9 2000, but notwithstanding any other provision of law to the contrary,
10 one or more of the authorized issuers, as defined by subdivision 1 of
11 section 68-a of the state finance law are hereby authorized to issue
12 bonds or notes in one or more series in an aggregate principal amount
13 not to exceed $250,000,000 excluding bonds issued to finance one or more
14 debt service reserve funds, to pay costs of issuance of such bonds, and
15 bonds or notes issued to refund or otherwise repay such bonds or notes
16 previously issued, for the purpose of reimbursing the state capital
17 projects fund for disbursements made pursuant to appropriations for the
18 regional economic growth program, and the New York state urban develop-
19 ment corporation is authorized to utilize the proceeds of such bonds or
20 notes to finance grants, loans or combinations thereof pursuant to the
21 regional economic growth program. Such bonds and notes of such author-
22 ized issuers shall not be a debt of the state, and the state shall not
23 be liable thereon, nor shall they be payable out of any funds other than
24 those appropriated by the state to such authorized issuers for debt
25 service and related expenses pursuant to any service contract executed
26 pursuant to subdivision (b) of this section and such bonds and notes
27 shall contain on the face thereof a statement to such effect. Except for
28 purposes of complying with the internal revenue code, any interest
29 income earned on bond proceeds shall only be used to pay debt service on
30 such bonds.
31 (b) Notwithstanding any provisions of law to the contrary, in order to
32 assist such authorized issuers in undertaking the administration and
33 financing of the projects authorized pursuant to subdivision (a) of this
34 section, the director of the budget is hereby authorized to enter into
35 one or more service contracts with such authorized issuers, none of
36 which shall exceed more than 20 years in duration, upon such terms and
37 conditions as the director of the budget and such authorized issuers
38 shall agree, so as to annually provide to such authorized issuers, in
39 the aggregate, a sum not to exceed the annual debt service payments and
40 related expenses required for the bonds and notes issued pursuant to
41 this section. Any service contract entered into pursuant to this subdi-
42 vision shall provide that the obligation of the state to pay the amount
43 therein provided shall not constitute a debt of the state within the
44 meaning of any constitutional or statutory provision and shall be deemed
45 executory only to the extent of monies available and that no liability
46 shall be incurred by the state beyond the monies available for such
47 purposes, subject to annual appropriation by the legislature. Any such
48 contract or any payments made or to be made thereunder may be assigned
49 or pledged by such authorized issuers as security for its bonds and
50 notes, as authorized by this section.
51 § 2. Section 1 of chapter 174 of the laws of 1968, constituting the
52 New York state urban development corporation act, is amended by adding a
53 new section 16-n to read as follows:
S. 6059 33 A. 9559
1 § 16-n. Regional economic growth program. (1) Creation. The regional
2 economic growth program is hereby created for the purpose of providing
3 financial assistance for high technology or economic development
4 projects that will facilitate the creation or retention of jobs or
5 increase business activity within a municipality or region of the state.
6 (2) Program guidelines. Following consultation with appropriate state
7 and local agencies and other organizations, the urban development corpo-
8 ration shall establish guidelines for the selection of projects to
9 receive assistance from the regional economic growth program; provided,
10 however, that such guidelines shall give first priority to projects that
11 are likely to produce long-term employment growth, or increase business
12 activity within a municipality or region of the state.
13 (3) Project selection. Applications may be submitted to the corpo-
14 ration from time to time from municipalities, nonprofit organizations,
15 businesses, special districts, institutions of higher education, or
16 other organizations for consideration. The corporation may provide
17 grants, loans or combinations thereof, provided that (a) such funding
18 shall be in the amount of $500,000 or greater unless the chairman of the
19 urban development corporation determines that the circumstances and
20 merit of such projects warrant a waiver of such minimum threshold, and
21 that such waiver has been approved by the director of the budget; (b)
22 the project will result in a significant regional economic impact as
23 determined by the urban development corporation; and (c) the project
24 complies with the guidelines established by the urban development corpo-
25 ration, as required by subdivision two of this section.
26 § 3. This act shall take effect immediately and shall be deemed to
27 have been in full force and effect on and after April 1, 2004.
28 PART P
29 Section 1. Paragraphs (b), (c) and (d) of subdivision 6 of section
30 92-s of the state finance law, paragraphs (b) and (c) as amended by
31 chapter 432 of the laws of 1997, and paragraph (d) as amended by section
32 13 of part E of chapter 61 of the laws of 2000, are amended to read as
33 follows:
34 (b) Moneys from the solid waste account shall be available, pursuant
35 to appropriation and upon certificate of approval of availability by the
36 director of the budget, for any non-hazardous municipal landfill closure
37 project; municipal waste reduction or recycling project, as defined in
38 article fifty-four of the environmental conservation law; for the
39 purposes of section two hundred sixty-one and section two hundred
40 sixty-four of the economic development law; any project for the develop-
41 ment, updating or revision of local solid waste management plans pursu-
42 ant to sections 27-0107 and 27-0109 of the environmental conservation
43 law; [and] for the development of the pesticide sales and use data base
44 in conjunction with Cornell University pursuant to title twelve of arti-
45 cle thirty-three of the environmental conservation law; and for any
46 projects to assess and recover any natural resource damages to the
47 Hudson River.
48 (c) Moneys from the parks, recreation and historic preservation
49 account shall be available, pursuant to appropriation, for any municipal
50 park project, historic preservation project, urban cultural park
51 project, waterfront revitalization program, coastal rehabilitation
52 project, Hudson River Park project consistent with chapter five hundred
53 ninety-two of the laws of nineteen hundred ninety-eight, and historic
54 barn projects.
S. 6059 34 A. 9559
1 (d) Moneys from the open space account shall be available, pursuant to
2 appropriation, (i) for any open space land conservation project[,]; (ii)
3 for bio-diversity stewardship and research pursuant to chapter five
4 hundred fifty-four of the laws of nineteen hundred ninety-three[,];
5 (iii) for the purposes of agricultural and farmland protection activ-
6 ities as authorized by article twenty-five-AAA of the agriculture and
7 markets law[,]; (iv) for non-point source abatement and control projects
8 pursuant to section 17-1409 of the environmental conservation law and
9 section eleven-b of the soil and water conservation districts law[,];
10 (v) for soil and water conservation district activities authorized for
11 reimbursement pursuant to section eleven-a of the soil and water conser-
12 vation districts law; (vi) for projects to implement the Hudson River
13 estuary management plan prepared pursuant to section 11-0306 of the
14 environmental conservation law; (vii) for Long Island Central Pine
15 Barrens area planning or Long Island south shore estuary reserve plan-
16 ning pursuant to title thirteen of article fifty-four of the environ-
17 mental conservation law[, and]; (viii) for operation and management of
18 the Albany Pine Bush preserve commission pursuant to subdivision two of
19 section 54-0303 of the environmental conservation law; and (ix) for
20 state parks and lands infrastructure and stewardship projects.
21 § 2. Subdivision 9 of section 92-s of the state finance law, as
22 amended by section 14 of part S1 of chapter 62 of the laws of 2003, is
23 amended to read as follows:
24 9. Notwithstanding any other law to the contrary and in accordance
25 with section four of this chapter, the comptroller is hereby authorized
26 at the direction of the director of the division of the budget to trans-
27 fer moneys from the general fund to the environmental protection fund
28 for the purpose of maintaining the solvency of the environmental
29 protection fund. If, in any fiscal year, moneys in the environmental
30 protection fund are deemed insufficient by the director of the division
31 of the budget to meet actual and anticipated disbursements from enacted
32 appropriations or reappropriations made pursuant to this section, the
33 comptroller shall at the direction of the director of the division of
34 the budget, transfer from the general fund to the environmental
35 protection fund moneys sufficient to meet such disbursements. Such
36 transfers shall be made only upon certification of need by the director
37 of the division of the budget, with copies of such certification filed
38 with the chairperson of the senate finance committee, the chairperson of
39 the assembly ways and means committee and the state comptroller. The
40 aggregate amount of all transfers shall not exceed two hundred [seven-
41 ty-seven] seventy-eight million [nine hundred sixty] five hundred seven-
42 ty-one thousand dollars.
43 § 3. Article 54 of the environmental conservation law is amended by
44 adding a new title 14 to read as follows:
45 TITLE 14
46 STATE PARKS AND LANDS INFRASTRUCTURE AND STEWARDSHIP PROJECTS
47 Section 54-1401. Definitions.
48 54-1402. State parks and lands infrastructure and stewardship
49 projects.
50 § 54-1401. Definitions.
51 As used in this title:
52 1. "Stewardship" shall mean the care of the lands, facilities and
53 natural and cultural resources under the jurisdiction of the department
54 and the office of parks, recreation and historic preservation on behalf
55 of the public, and the provision of public access thereto.
S. 6059 35 A. 9559
1 2. "State parks and lands infrastructure" shall mean state park
2 resources, recreational facilities and historic sites and any other
3 property, real or personal, under the jurisdiction of the department and
4 the office of parks, recreation and historic preservation, together with
5 machinery, equipment, furnishings and fixtures relating thereto or used
6 in connection therewith.
7 3. "State parks and lands infrastructure and stewardship projects"
8 shall mean all costs incurred or to be incurred by or on behalf of the
9 department and the office of parks, recreation and historic preservation
10 for the purpose of preserving, improving or rehabilitating state parks
11 and lands infrastructure. Such projects may include, but are not limited
12 to: natural resource and habitat restoration and protection such as the
13 protection and management of biological, land, geological, archeological
14 and other natural resources, survey and inventory, scientific research,
15 planning and analysis, and development of unit management plans;
16 projects to improve public access including access opportunities for
17 people with disabilities by developing, restoring, reconstructing, reha-
18 bilitating and maintaining physical facilities, including but not limit-
19 ed to buildings, roads, bridges and waste disposal systems; projects to
20 develop, maintain, or improve marine resource facilities, water access
21 facilities, recreational trails, campgrounds, day use areas, fish hatch-
22 eries, public beach facilities, visitor centers, interpretive and
23 conservation education facilities; and historic preservation projects to
24 improve, restore or rehabilitate property listed on the state or
25 national registers of historic places to protect the historic, cultural
26 or architectural significance thereof.
27 § 54-1402. State parks and lands infrastructure and stewardship
28 projects.
29 1. The commissioner and the commissioner of parks, recreation and
30 historic preservation are authorized to undertake state parks and lands
31 infrastructure and stewardship projects.
32 2. No monies shall be expended for state parks and lands infrastruc-
33 ture and stewardship projects except pursuant to an appropriation there-
34 for.
35 § 4. Subdivision 7 of section 92-s of the state finance law is
36 REPEALED.
37 § 5. Section 54-0301 of the environmental conservation law, as added
38 by chapter 610 of the laws of 1993, is amended to read as follows:
39 § 54-0301. Definitions.
40 For purposes of this title, "open space land conservation projects"
41 shall mean acquisition projects including the purchase of conservation
42 easements undertaken by the commissioner [and/or], the commissioner of
43 the office of parks, recreation and historic preservation and/or the
44 commissioner of the department of agriculture and markets listed in the
45 state open space land acquisition plan prepared pursuant to title 2 of
46 article 49 of this chapter.
47 § 6. Subdivision 1 of section 54-0303 of the environmental conserva-
48 tion law, as added by chapter 610 of the laws of 1993, is amended to
49 read as follows:
50 1. The commissioner [and], the commissioner of the office of parks,
51 recreation and historic preservation and the commissioner of the depart-
52 ment of agriculture and markets are authorized to undertake open space
53 land conservation projects.
54 § 7. The title heading of title 5 of article 54 of the environmental
55 conservation law, as added by chapter 610 of the laws of 1993, is
56 amended to read as follows:
S. 6059 36 A. 9559
1 NON-HAZARDOUS MUNICIPAL LANDFILL CLOSURE PROJECTS
2 AND MUNICIPAL LANDFILL GAS MANAGEMENT PROJECTS
3 § 8. Subdivisions 2, 3 and 4 of section 54-0501 of the environmental
4 conservation law, subdivision 2 as amended and subdivision 4 as added by
5 section 17 of part A of chapter 58 of the laws of 1998, subdivision 3 as
6 added by chapter 610 of the laws of 1993, are amended and two new subdi-
7 visions 5 and 6 are added to read as follows:
8 2. "Municipal [Landfill] landfill closure project" means activities
9 undertaken to close, including by reclamation, a landfill owned or oper-
10 ated by a municipality to achieve compliance with regulations promulgat-
11 ed by the department, [or] activities undertaken to implement a landfill
12 gas management system [project], or activities undertaken to implement a
13 beneficial end-use.
14 3. "Cost" means the capital cost of a municipal landfill closure
15 project or a municipal landfill gas management project, including engi-
16 neering and architectural services, plans and specifications, consultant
17 and legal services, and other direct capital expenses incident to such
18 project, less any federal or other assistance for such project received
19 or to be received.
20 4. "Landfill gas management system" means [a] an active system for the
21 control, capture, and management of gas created within and emitted from
22 a solid waste landfill.
23 5. "Beneficial end-use" means a public recreational use, such as a
24 park, hiking trail, golf course, nature area, baseball field, ski slope,
25 or sledding hill, or other public use demonstrated to the department to
26 be beneficial to a community.
27 6. "Municipal landfill gas management project" means activities under-
28 taken to implement a landfill gas management system at an active land-
29 fill which is owned or operated by a municipality.
30 § 9. The section heading of section 54-0503 of the environmental
31 conservation law, as added by chapter 610 of the laws of 1993, is
32 amended and a new subdivision 5 is added to read as follows:
33 Eligibility to receive state assistance payments for municipal land-
34 fill closure projects.
35 5. For a beneficial end-use, the landfill must have been closed in
36 compliance with and currently be in compliance with the department's
37 solid waste management regulations which became effective on December
38 thirty-first, nineteen hundred eighty-eight or any subsequent revisions
39 to such regulations.
40 § 10. The environmental conservation law is amended by adding a new
41 section 54-0504 to read as follows:
42 § 54-0504. Eligibility to receive state assistance payments for munici-
43 pal landfill gas management projects.
44 Any municipality which is the owner or operator of a landfill may
45 apply for state assistance payments toward the cost of a municipal land-
46 fill gas management project. Any application for a municipal landfill
47 gas management project must comply with all applicable rules and regu-
48 lations promulgated by the department.
49 § 11. Subdivision 1 of section 54-0505 of the environmental conserva-
50 tion law, as added by chapter 610 of the laws of 1993, is amended to
51 read as follows:
52 1. State assistance payments shall be approved only for closure
53 projects that include plans for closure, post-closure and construction
54 in accordance with the department's solid waste management regulations
55 applicable to new projects[,] which were in effect six months prior to
56 the date of submittal of the final application.
S. 6059 37 A. 9559
1 § 12. The environmental conservation law is amended by adding a new
2 section 54-0506 to read as follows:
3 § 54-0506. Criteria for municipal landfill gas management projects.
4 Municipal landfill gas management project costs incurred prior to
5 April first, nineteen hundred ninety-three shall not be eligible for
6 state assistance payments funded pursuant to this article.
7 § 13. Paragraphs b and c of subdivision 2 and subdivision 3 of section
8 54-0507 of the environmental conservation law, as added by chapter 610
9 of the laws of 1993, are amended and subdivision 2 is amended by adding
10 a new paragraph d to read as follows:
11 b. any adverse environmental impact resulting from the municipal land-
12 fill, including effects on groundwater; [and]
13 c. the ability of the municipality to pay for the costs of the munici-
14 pal landfill closure[.] project; and
15 d. for beneficial end-uses, the community value of the recreational
16 use to be provided to the public.
17 3. No monies shall be expended for non-hazardous municipal landfill
18 closure projects or municipal landfill gas management projects except
19 pursuant to an appropriation therefor.
20 § 14. The section heading and subdivision 2 of section 54-0509 of the
21 environmental conservation law, the section heading as added by chapter
22 610 of the laws of 1993, and subdivision 2 as amended by section 1 of
23 part H of chapter 82 of the laws of 2002, are amended to read as
24 follows:
25 Contracts for state assistance payments for municipal landfill closure
26 projects and municipal landfill gas management projects.
27 2. An agreement by the commissioner to make state assistance payments
28 toward the cost of the project by periodically reimbursing the munici-
29 pality for costs incurred during the progress of the project [to]. For a
30 municipal landfill closure project, which does not include a landfill
31 gas management system or beneficial end-use, such reimbursement shall be
32 a maximum of either fifty percent of the cost, or ninety percent of the
33 cost for a municipality with a population smaller than thirty-five
34 hundred as determined by the current federal decennial census, or two
35 million dollars, whichever is less. [The commissioner may consider land-
36 fill gas management system projects separately from landfill closure
37 projects.] For a landfill gas management system, which is part of a
38 municipal landfill closure project, reimbursement shall be a maximum of
39 either fifty percent of the cost, or ninety percent of the cost for a
40 municipality with a population smaller than thirty-five hundred as
41 determined by the current federal decennial census, or two million
42 dollars, whichever is less. For a beneficial end-use, which is part of a
43 municipal landfill closure project, reimbursement shall be a maximum of
44 either fifty percent of the cost, or ninety percent of the cost for a
45 municipality with a population smaller than thirty-five hundred as
46 determined by the current federal decennial census, or five hundred
47 thousand dollars, whichever is less. For a municipal landfill gas
48 management project, reimbursement shall be a maximum of either fifty
49 percent of the cost, or ninety percent of the cost for a municipality
50 with a population smaller than thirty-five hundred as determined by the
51 current federal decennial census, or two million dollars, whichever is
52 less. Project costs are subject to final computation and determination
53 by the commissioner upon completion of the project, and shall not exceed
54 the maximum cost set forth in the contract. For purposes of this subdi-
55 vision, the approved project cost shall be reduced by the amount of any
56 specific state assistance payments for municipal landfill closure or
S. 6059 38 A. 9559
1 municipal landfill gas management project purposes received by the muni-
2 cipality from any source; provided, however, that non-specific state
3 assistance payments, such as amounts paid pursuant to section fifty-four
4 of the state finance law, shall not be included in such cost reduction.
5 § 15. The section heading of section 54-0511 of the environmental
6 conservation law, as added by chapter 610 of the laws of 1993, is
7 amended to read as follows:
8 Loans for municipal landfill closure projects and municipal landfill
9 gas management projects.
10 § 16. Section 70-0103 of the environmental conservation law is amended
11 by adding a new subdivision 6 to read as follows:
12 6. It is the intent of the legislature that environmental justice
13 concerns be incorporated into the permit review process.
14 § 17. The environmental conservation law is amended by adding a new
15 section 70-0110 to read as follows:
16 § 70-0110. Environmental justice technical assistance grant program.
17 1. The environmental justice technical assistance grant program is
18 hereby established.
19 2. The department shall, subject to appropriation therefor, make
20 grants of up to fifty thousand dollars per project available to a commu-
21 nity group or multiple community groups in partnership with each other,
22 which may be adversely affected by a project in order to obtain techni-
23 cal assistance in interpreting information related to the project and
24 the department issuance of a permit related to the project. To qualify
25 to receive such grant, a community group must demonstrate that its
26 members represent the interests of a potential environmental justice
27 area affected by such project and that area inhabitants' health, econom-
28 ic well-being or enjoyment of the environment are potentially threatened
29 by such project. Grants awarded under this section may not be used for
30 the purpose of political or lobbying activities.
31 3. Grants may be awarded for projects for which the department has
32 received an application for a permit pursuant to the following regulato-
33 ry programs:
34 (a) state pollutant discharge elimination system (title seven and
35 eight of article seventeen);
36 (b) air pollution control (article nineteen);
37 (c) solid waste management (title seven of article twenty-seven),
38 including, but not limited to, minor modifications involving any tonnage
39 increases beyond the approved design capacity and minor modifications
40 involving an increase in the amount of putrescible solid waste beyond
41 the amount that has already been approved in the existing permit;
42 (d) industrial hazardous waste management (title nine of article twen-
43 ty-seven); and
44 (e) siting of industrial hazardous waste facilities (title eleven of
45 article twenty-seven).
46 4. This grant shall not apply to any project where funding for public
47 participation is already provided.
48 5. The department may adopt any regulations necessary to implement the
49 provisions of this section.
50 6. For the purposes of this section:
51 (a) "Environmental justice" shall mean the fair treatment and meaning-
52 ful involvement of all people regardless of race, color, or income with
53 respect to the development, implementation, and enforcement of environ-
54 mental laws, regulations, and policies. Fair treatment means that no
55 group of people, including a racial, ethnic, or socioeconomic group,
56 should bear a disproportionate share of the negative environmental
S. 6059 39 A. 9559
1 consequences resulting from industrial, municipal, and commercial oper-
2 ations or the execution of federal, state, local, and tribal programs
3 and policies.
4 (b) "Potential environmental justice area" shall mean a minority or
5 low-income community, as those terms are defined by the U.S. Environ-
6 mental Protection Agency based on current U.S. Census Bureau data, that
7 may bear a disproportionate share of the negative environmental conse-
8 quences resulting from industrial, municipal, and commercial operations
9 or the execution of federal, state, local, and tribal programs and poli-
10 cies.
11 § 18. This act shall take effect immediately and shall be deemed to
12 have been in full force and effect on and after April 1, 2004.
13 PART Q
14 Section 1. Subdivision q of section 72-0602 of the environmental
15 conservation law, as amended by chapter 449 of the laws of 2001, is
16 relettered subdivision r and amended and a new subdivision q is added to
17 read as follows:
18 q. $50.00 per acre disturbed plus $300.00 per future impervious acre
19 for any facility, not owned or managed by a local government or a state
20 department, agency, or authority, discharging or authorized to discharge
21 pursuant to a SPDES permit for stormwater discharges from construction
22 activity. For the purposes of this subdivision, acres disturbed are
23 acres subject to clearing, grading, or excavating subject to SPDES
24 permitting and future impervious acres are acres that will be newly
25 paved or roofed during construction, except that acres newly paved or
26 roofed that have been determined by the department to be considered
27 pervious shall not be impervious acres;
28 r. $50.00 for any facility, other than a municipal separate storm
29 sewer as defined by 40 CFR §122.26 (b) (8), discharging or authorized to
30 discharge pursuant to a general permit; unless a higher fee is imposed
31 pursuant to subdivisions a through [p] q of this section for such
32 discharge or authorization to discharge, provided that the department
33 may by regulation, establish a general permit fee lower than the permit
34 fee imposed pursuant to subdivisions a through [p] q of this section.
35 § 2. This act shall take effect immediately and shall be deemed to
36 have been in full force and effect on and after April 1, 2004.
37 PART R
38 Section 1. Subdivision 2 of section 17-1009 of the environmental
39 conservation law, as amended by section 2 of chapter 442 of the laws of
40 2001, is amended to read as follows:
41 2. [Within one year of the promulgation of the rules and regulations
42 referred to in subdivision one of this section, all owners shall regis-
43 ter the facility with the department] All owners shall register the
44 facility with the department. The department is authorized to assess a
45 fee according to a schedule based on the size and type of [the] facili-
46 ty, not to exceed [two] five hundred [fifty] dollars per facility. Such
47 fee shall be paid at the time of registration or registration renewal.
48 Registration shall be renewed every five years or whenever title to a
49 facility is transferred, whichever occurs first. In addition to such
50 registration requirements and pursuant to leak detection requirements
51 set forth in section 17-1005 of this title, notwithstanding any other
52 provision of law, rule or regulation, the department shall duly notify
S. 6059 40 A. 9559
1 the facility owner of the requirement for such owner to perform the
2 required tightness test on a petroleum bulk storage tank no less than
3 forty-five days prior to the date of the test expiration on the tank.
4 [Registration shall be renewed every five years or whenever title to a
5 facility is transferred, whichever first occurs.] All fees collected
6 pursuant to this subdivision shall be deposited in the New York environ-
7 mental protection and spill compensation fund established pursuant to
8 section one hundred seventy-nine of the navigation law. The owner must
9 submit, with each application for registration or registration renewal,
10 a five-year fee as follows:
11 Combined Storage Capacity at Facility 5-Year Fee
12 Greater than 1,000 to 2,000 gallons $100 per facility
13 Greater than 2,000 gallons to
14 less than 5,000 gallons $300 per facility
15 5,000 gallons to less than
16 400,000 gallons $500 per facility
17 § 2. Paragraph (a) of subdivision 2 of section 179 of the navigation
18 law, as amended by chapter 65 of the laws of 1991, is amended to read as
19 follows:
20 (a) An account which shall be credited with all license fees and
21 penalties collected pursuant to paragraph (b) of subdivision one and
22 paragraph (a) of subdivision four of section one hundred seventy-four of
23 this article, penalties collected pursuant to paragraph (b) of subdivi-
24 sion four of section one hundred seventy-four-a of this article,
25 [moneys] money collected pursuant to section one hundred eighty-seven of
26 this article, [and] all penalties collected pursuant to section one
27 hundred ninety-two of this article, and registration fees collected
28 pursuant to subdivision two of section 17-1009 of the environmental
29 conservation law.
30 § 3. Subdivision 3 of section 362 of chapter 83 of the laws of 1995,
31 amending the environmental conservation law and other laws relating to
32 the registration of petroleum bulk storage facilities, as amended by
33 section 2 of part E of chapter 413 of the laws of 1999, is amended to
34 read as follows:
35 3. Sections fifteen [through seventeen] and sixteen of this act shall
36 take effect immediately and shall be deemed to have been in full force
37 and effect on and after April 1, 1995, and shall expire and be deemed
38 repealed April 1, 2004;
39 § 4. This act shall take effect immediately; provided, however, that
40 sections one and two of this act shall take effect on the same date as
41 the reversion of subdivision 2 of section 17-1009 of the environmental
42 conservation law and paragraph (a) of subdivision 2 of section 179 of
43 the navigation law as provided in subdivision 3 of section 362 of chap-
44 ter 83 of the laws of 1995, as amended.
45 PART S
46 Section 1. Subdivision 1 of section 405 of the agriculture and markets
47 law, as added by chapter 259 of the laws of 2000, is amended to read as
48 follows:
49 1. The commissioner or his or her authorized agents [shall, at a mini-
50 mum, make yearly inspections of] may inspect pet dealers' facilities to
51 ensure compliance with the provisions of this article and with the
52 provisions of article thirty-five-D of the general business law[, except
53 for those pet dealers who engage in the sale of less than twenty-five
54 animals in a year, in which case inspections shall be made whenever in
S. 6059 41 A. 9559
1 the discretion of the commissioner or his or her authorized agents, a
2 complaint warrants such investigation].
3 § 2. This act shall take effect immediately.
4 PART T
5 Section 1. Subparagraph 2 of paragraph g of the ninth undesignated
6 paragraph of section 1005 of the public authorities law, as amended by
7 section 1 of part C1 of chapter 62 of the laws of 2003, is amended and a
8 new subparagraph 2-a is added to read as follows:
9 2. The authority, as deemed feasible and advisable by the trustees, is
10 authorized to make an additional annual voluntary contribution into the
11 state treasury to the credit of the general fund. The authority shall
12 make such contribution no later than ninety days after the end of the
13 calendar year in which a credit under subdivision nine of section one
14 hundred eighty-six-a of the tax law is available for the additional
15 three hundred megawatts of power under the fourth phase of the program
16 provided under chapter sixty-three of the laws of two thousand and under
17 the fifth phase for the additional one hundred eighty-three megawatts
18 provided under chapter two hundred twenty-six of the laws of two thou-
19 sand two. Such annual contribution shall be equal to fifty percent of
20 the total amount of such credits available each year to all local
21 distributors of electricity. [In addition, such] Such authorization for
22 contribution in state fiscal year two thousand two--two thousand three
23 shall be equal to the total amount of credit available in two thousand
24 one and two thousand two; and such authorization for contribution in
25 state fiscal year two thousand three--two thousand four shall be equal
26 to the total amount of credit available in two thousand three; under
27 subdivision nine of section one hundred eighty-six-a of the tax law
28 under the fourth phase of the program for the additional three hundred
29 megawatts provided under chapter sixty-three of the laws of two thousand
30 and under the fifth phase for the additional one hundred eighty-three
31 megawatts provided under chapter two hundred twenty-six of the laws of
32 two thousand two. In addition, in state fiscal year two thousand
33 four--two thousand five, such authorized annual contribution shall be
34 equal to one hundred percent of the total amount of such credits avail-
35 able each year to all local distributors of electricity. Such authori-
36 zation for contribution in state fiscal year two thousand four and two
37 thousand five shall be equal to the total amount of credit available in
38 two thousand four and two thousand five; under subdivision nine of
39 section one hundred eighty-six-a of the tax law under the fourth phase
40 of the program for the additional three hundred megawatts provided under
41 chapter sixty-three of the laws of two thousand and under the fifth
42 phase for the additional one hundred eighty-three megawatts provided
43 under chapter two hundred twenty-six of the laws of two thousand two.
44 The department of public service shall estimate the payment due by the
45 end of the calendar year in which the credit is available. In no case
46 shall the amount of the total annual contributions for the years during
47 which delivery and sale of phase four and phase five power takes place,
48 and during the power for jobs electricity savings rebates program,
49 exceed the aggregate total of [one] two hundred [twenty-five] thirty-
50 five million dollars. Such aggregate total shall be in addition to any
51 contribution made pursuant to subparagraph one of this paragraph.
52 2-a. The authority, as deemed feasible and advisable by the trustees,
53 is authorized to make an additional annual voluntary contribution into
54 the state treasury to the credit of the miscellaneous special revenue
S. 6059 42 A. 9559
1 fund (339) power for jobs account for the purpose of providing one
2 hundred percent funding for the power for jobs electricity savings
3 rebates program administered by the urban development corporation as
4 established in section one hundred eighty-nine of the economic develop-
5 ment law.
6 § 2. Subdivision (a) of section 189 of the economic development law
7 is amended by adding a new paragraph 5 to read as follows:
8 5. "Power for jobs electricity savings rebates" shall mean payments
9 made by the urban development corporation as recommended by the board to
10 recipients of allocations of power under phases four and five of the
11 power for jobs program for a period of time until March thirty-first,
12 two thousand five, subsequent to the expiration of their phase four or
13 five power for jobs contracts. Such rebates shall be made with respect
14 to four quarterly (three month) periods. The "basic rebate" is an amount
15 that when credited against the recipient's actual "unit cost of elec-
16 tricity" during a quarter (meaning the cost for commodity and delivery
17 per kilowatt-hour for the quantity of electricity purchased under the
18 power for jobs program during a similar period in the final year of the
19 recipient's contract), results in an effective unit cost of electricity
20 during the quarter equal to the average unit cost of electricity such
21 recipient paid during the final year of the contract for power allocated
22 under phase four or five of the power for jobs program.
23 § 3. Section 189 of the economic development law is amended by adding
24 a new subdivision (1) to read as follows:
25 (1) The board shall solicit and review applications for the power for
26 jobs electricity savings rebates from recipients of power for jobs allo-
27 cations under phases four and five of the program and make recommenda-
28 tions to the urban development corporation for the award of such
29 rebates. The board may prescribe a simplified form and content for an
30 application for such rebates. An applicant shall be eligible to apply
31 for such rebates only if it is in compliance with and agrees to continue
32 to meet the job retention and creation commitments set forth in its
33 prior power for jobs contract, or such other or revised commitments as
34 the board deems reasonable. The board shall review such applications and
35 make recommendations to the urban development corporation for the award
36 of such rebates for a period of time up to March thirty-first, two thou-
37 sand five and other terms and conditions as the urban development corpo-
38 ration deems appropriate. The urban development corporation shall
39 receive recommendations from the board regarding the award of power for
40 jobs electricity savings rebates and, subject to an appropriation,
41 administer the award of such rebates with the assistance of the power
42 authority of the state of New York. Any such rebates shall be subject to
43 proportional reduction by the urban development corporation if and to
44 the extent that the recipient is not in compliance with the job commit-
45 ments upon which such rebates were recommended by the board, all as set
46 forth in an agreement between the recipient and the urban development
47 corporation. The authority shall assist the urban development corpo-
48 ration in the administration of the power for jobs electricity savings
49 rebate program.
50 § 4. This act shall take effect immediately and shall be deemed to
51 have been in full force and effect on and after April 1, 2004; provided,
52 however, that the amendments to paragraph g of the ninth undesignated
53 paragraph of section 1005 of the public authorities law made by section
54 one of this act shall not affect the expiration of such undesignated
55 paragraph and shall be deemed to expire therewith; and provided further,
56 that the amendments to section 189 of the economic development law made
S. 6059 43 A. 9559
1 by sections two and three of this act shall not affect the repeal of
2 such section and shall be deemed repealed therewith.
3 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
4 sion, section or part of this act shall be adjudged by any court of
5 competent jurisdiction to be invalid, such judgment shall not affect,
6 impair, or invalidate the remainder thereof, but shall be confined in
7 its operation to the clause, sentence, paragraph, subdivision, section
8 or part thereof directly involved in the controversy in which such judg-
9 ment shall have been rendered. It is hereby declared to be the intent of
10 the legislature that this act would have been enacted even if such
11 invalid provisions had not been included herein.
12 § 3. This act shall take effect immediately provided, however, that
13 the applicable effective date of Parts A through T of this act shall be
14 as specifically set forth in the last section of such Parts.
S. 6059 44 A. 9559
2004-2005 NEW YORK STATE EXECUTIVE BUDGET
TRANSPORTATION, ECONOMIC DEVELOPMENT AND ENVIRONMENTAL
CONSERVATION ARTICLE VII LEGISLATION
CONTENTS
STARTING
PAGE
PART DESCRIPTION NUMBER
A Authorize funding for the Cornell Supercomputer. 3
B Provide the annual authorization for the CHIPs and
Marchiselli local transportation programs. 3
C Revise and expand the heavyweight truck permit system
administered by the Department of Transportation. 5
D Delay implementation of the State Hazmat Finger-
printing Program to address Federal requirements. 15
E Establish a Driver Responsibility Program imposing
additional monetary assessments for drivers convicted
of drug or alcohol-related offenses; or who refuse to
submit to chemical tests; or who accumulate six or
more points on their driving records. 15
F Expand the Waste Tire Management and Recycling Act
of 2003 to include new tires sold for motorcycles
and all-terrain vehicles. 16
G Authorize assessments on utilities to be used for
New York State Energy Research and Development
Authority research costs. 17
H Authorize certain State agencies to finance their
activities with revenues from assessments on public
utilities and cable companies. 17
I Increase all terrain vehicle (ATV) and snowmobile
fees; create an ATV trail development and maintenance
program; and provide reimbursement to local
governments for State Forest Property Tax Credits. 19
J Authorize the Public Service Commission to redirect
certain revenue from currency-operated telephone
assessments and underground facility training fees
to the General Fund. 27
K Establish new biennial inspection fee for food
establishments; achieve efficiencies in the inspection
of retail food stores; and require preventative
measures to better protect the safety of the State's
food supply. 28
L Increase and restructure air regulatory fees. 30
M Authorize the New York State Energy Research and
Development Authority to make payments to the General
Fund and the Environmental Conservation Special
Revenue Fund. 31
N Make permanent the general loan powers of the New
York State Urban Development Corporation. 31
O Establish the $250 million Regional Economic Growth
Program to be administered by the New York State
Urban Development Corporation (UDC); and provide
UDC, or other public authorities if appropriate,
with bonding authority to finance the program. 32
P Authorize additional purposes for the Environmental
S. 6059 45 A. 9559
Protection Fund. 33
Q Establish acreage-based fees for stormwater
management permits. 39
R Make permanent provisions relating to petroleum bulk
storage fees to support the Oil Spill Program. 39
S Eliminate annual inspection requirement for pet
dealers' facilities and authorize the Department
of Agriculture and Markets to conduct inspections
on a risk-based frequency. 40
T Re-authorize the New York Power Authority to make
contributions to the General Fund to fully support
the Power for Jobs Program and authorize a new
rebate program. 41