2006-07 NEW YORK STATE EXECUTIVE BUDGET
TRANSPORTATION, ECONOMIC DEVELOPMENT AND ENVIRONMENTAL CONSERVATION
ARTICLE VII LEGISLATION
MEMORANDUM IN SUPPORT

CONTENTS

MEMORANDUM IN SUPPORT

A BUDGET BILL submitted by the Governor in

Accordance with Article VII of the Constitution

AN ACT to amend the environmental conservation law, in relation to fees collected on surf clams and ocean quahogs taken from certified waters (Part A);to amend the state finance law and the environmental conservation law, in relation to expanding the purposes for which the environmental protection fund can be used, municipal landfill closure projects and state assistance payments for beneficial end-uses, implementation of the recommendations of the invasive species task force report, municipal assistance for quality communities projects for the oceans and great lakes initiative, and water quality improvement projects; to amend the tax law, in relation to allowing for additional deposits to be made to the environmental protection fund; and to repeal certain provisions of the state finance law relating thereto (Part B); to provide for the utilization of utility assessment funds (Part C); to amend the agriculture and markets law, in relation to maximum penalties(Part D); to provide for the transfer of moneys from the New York state energy research and development authority (Part E); to amend the environmental conservation law, in relation to the registration of well drillers, state pollutant discharge elimination system program fees, and dam fees (Part F); to amend the environmental conservation law, the vehicle and traffic law and the state finance law, in relation to the use of all terrain vehicles on certain public lands, providing for state assistance payments for all terrain vehicle trail development and maintenance fund and the enforcement of the operation of all terrain vehicles and registration of such vehicles; and to repeal subdivision 12 of section 2282 of the vehicle and traffic law relating to out of state registration of all terrain vehicles (Part G); to amend the agriculture and markets law, in relation to the powers of the department (Part H); to amend the environmental conservation law, in relation to operating permit program fees (Part I); to authorize funding for the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli programs for State fiscal year 2006-07 (Part J); to amend the highway law and the public authorities law, in relation to establishing a department of transportation and thruway authority pilot programs for design-build(Part K); to amend the transportation law and the public authorities law, in relation to transportation development partnerships (Part L); to amend the vehicle and traffic law, in relation to increasing certain motor vehicle transaction fees (Part M); to amend the vehicle and traffic law, in relation to disqualifications of commercial driver's license holders; and to repeal subparagraph (iv) of paragraph (a) of subdivision 4 of section 501-a of such law relating to making buses commercial vehicles (Part N); to amend the vehicle and traffic law, in relation to mailing of suspension and revocation orders (Part O); to amend the public authorities law, in relation to increasing the aggregate principal amount of bonds, notes, or other obligations issued by the Metropolitan Transportation Authority to fund projects contained in its approved capital program plans (Part P); to amend chapter 413 of the laws of 1999, relating to providing for mass transportation payments, in relation to including Oneida County with those counties receiving payments of mass transportation operating assistance(Part Q); to amend chapter 21 of the laws of 2003 amending the executive law relating to permitting the secretary of state to provide special handling for all documents filed or issued by the division of corporations and to permit additional levels of such expedited service, in relation to making such provisions permanent (Part R); to amend the environmental conservation law and the state finance law, in relation to freshwater wetlands; to repeal certain provisions of the environmental conservation law relating thereto; and to repeal title 11 of article 24 of the environmental conservation law, relating to the freshwater wetlands appeals board (Part S); to provide for the utilization of utility assessment funds(Part T); to amend the banking law, in relation to increasing investigation fees and increasing penalties for various violations of the banking law; to repeal subdivision 5 of section 17 of the banking law relating to expenses of the banking department; and to repeal section 594-a of the banking law relating to annual fees for licenses and registrations (Part U); to amend chapter 279 of the laws of 1998, amending the transportation law relating to enabling the commissioner of transportation to establish a single audit pilot program, in relation to making permanent the provisions of the single state audit (Part V); to amend the state finance law, in relation to the linked deposit program (Part W); to amend the insurance law, in relation to increasing penalties for violating various provisions of the insurance law and authorizing the superintendent of insurance to issue cease and desist orders where there is reasonable cause to believe that a person is violating or is about to violate any provision of the insurance law or any regulation promulgated by the insurance department(Part X); to amend the agriculture and markets law, in relation to the powers and duties of the department of agriculture and markets with respect to retail food stores and food establishments (Part Y); to amend the public authorities law, in relation to the powers and duties of the authority to provide financing for Hadassah (Part Z); to amend the environmental conservation law, in relation to the hazardous wastewater surcharge (Part AA); to authorize the dormitory authority to provide funding for the Cornell University theory center (Part BB); to amend the public authorities law, in relation to the bond issuance charge levied on public authorities and certain public benefit corporations; and to repeal section 2976 of the public authorities law, relating to cost recovery on the issuance of certain bonds (Part CC); to amend chapter 393 of the laws of 1994, amending the New York state urban development corporation act, in relation to the effectiveness thereof (Part DD); to authorize the New York state urban development corporation, the dormitory authority of the state of New York, the New York state environmental facilities corporation, the New York state housing finance agency and the New York state thruway authority to issue bonds or notes in support of priority economic development projects (Part EE); relating to reallocation of loans and direct appropriations to the New York state urban development corporation(Part FF); and to amend the economic development law, the public authorities law, chapter 316 of the laws of 1997 amending the public authorities law and other laws relating to the provision of low cost power to foster statewide economic development and the tax law, in relation to reauthorizing the New York power authority to make contributions to the general fund and authorize the continuation of New York power authority economic development programs, including the power for jobs and energy cost savings benefit programs (Part GG)

PURPOSE:

This bill contains provisions needed to implement the Economic Development and Environmental Conservation portions of the 2006-07 Executive Budget.

SUMMARY OF PROVISIONS, EXISTING LAW, PRIOR LEGISLATIVE HISTORY AND STATEMENT IN SUPPORT:

Part A – Make permanent surf clam and quahog fees.

This bill permanently extends the Department of Environmental Conservation’s (DEC) authority to collect fees on surf clams and ocean quahogs harvested from certified waters in the State to enable DEC to continue to effectively manage this resource.

This bill amends the Environmental Conservation Law to make permanent the DEC’s authority to collect fees on surf clams and ocean quahogs harvested from certified waters in the State to enable DEC to continue to effectively manage this resource. Revenues from the fees will continue to be deposited to the Conservation Fund's Surf Clam/Quahog Account.

Section 13-0309 of the Environmental Conservation Law currently authorizes DEC to collect per bushel fees on surf clams (15 cents) and quahogs (10 cents) taken from New York State waters and directs that the fees be deposited in the Surf Clam/Ocean Quahog Account of the Conservation Fund. State Finance Law requires that these deposits be available to DEC for research and stock assessments of surf clams and ocean quahogs. The existing authorization to collect the fees expires on April 1, 2006.

The currently authorized surcharges for surf clams and ocean quahogs were enacted in 1994 (Chapter 512) and extended in 1996, 1998, 2000 and 2002.

By permanently extending DEC’s authority to collect fees on surf clams and ocean quahogs, this bill ensures continued annual revenues of approximately $100,000. These revenues are necessary to support ongoing efforts by DEC to conduct stock assessments and research for the long-term benefit of these fisheries and the industry they support, and obtain data necessary for the management of these important resources.

Part B – Authorize additional purposes for the Environmental Protection Fund.

This bill amends the Environmental Protection Act of 1993 to expand the purposes for which the Environmental Protection Fund (EPF) may be used.

The Environmental Protection Act of 1993 established the EPF as a dedicated fund comprised of revenues from: 1) proceeds from the sale/lease of certain State lands; 2) annual service charges on conservation license plates; 3) proceeds from the settlement of a lawsuit brought by the State for an oil spill on Long Island; 4) interest earnings; and 5) a portion of the State’s revenues from the Real Estate Transfer Tax (RETT).

This bill amends Environmental Conservation Law and the State Finance Law to permanently authorize the EPF to be used for additional purposes including: State Parks and Lands infrastructure improvement; assessment of natural resource damage to the Hudson River; implementation of the Hudson River Estuary Management Plan; County Soil and Water Conservation District activities; the Hudson River Park Project; and historic barns projects. The bill also authorizes funding from the EPF for beneficial end-use projects at closed municipal landfills, invasive species projects and grants associated with the Quality Communities Program.

Further, a new EPF water account is established that would authorize funding to be used for additional purposes including an Oceans and Great Lakes initiative and water quality improvement projects. State Finance Law is also amended to authorize transfers of up to $312.2 million from the General Fund to the EPF. This represents a nominal increase from current law. Additionally, Tax Law is amended to allow, at the direction of the Director of the Division of the Budget, an amount of up to $30 million in additional RETT revenues to be deposited into the EPF.

The EPF will become an even more effective tool for the benefit of New Yorkers and their environment with the flexibility of permanent authorization for programs addressing critical needs.

Similar bills have been introduced annually with the Executive Budget.

Part C – Authorize assessments on utilities to be used for New York State Energy Research and Development Authority research and development costs.

This bill authorizes the New York State Energy Research and Development Authority (NYSERDA) to obtain revenue for certain NYSERDA programs from assessments on gas corporations and electric corporations, pursuant to section 18-a of the Public Service Law.

The bill authorizes NYSERDA to finance its Research, Development and Demonstration Program and its Policy and Planning Program with revenues from assessments on gas corporations and electric corporations. Section 18-a of the Public Service Law enables the Department of Public Service to assess gas corporations and electric corporations for the expenses of these programs. This is an Article VII provision that is annually authorized and was last enacted as Chapter 59 of the Laws of 2005. Without this legislation, NYSERDA could not continue operating necessary energy programs in the 2006-07 State fiscal year.

Part D – Increase penalties for food and other health violations.

This bill increases the penalties for findings of a critical health deficiency during inspections of food and other businesses to encourage compliance with statutes and regulations.

This bill:

• Amends section 39 of the Agriculture and Markets Law (AML) to increase the maximum penalty on the first violation from $300 to $1,000 and each subsequent violation of AML from $600 to $2,000.
• Amends section 40 of AML to increase the maximum penalty from $200 to $1,000 for the first finding of a critical health deficiency related to a rule or order of the Department and from $400 to $2,000 for the second and each subsequent finding.

This proposal allows the Department to increase penalties for health violations for the first time since 1990 (section 39) and 1968 (section 40). This change is in conjunction with more assertive enforcement actions as stipulated by the Division of Food Safety and Inspection’s “Legal Action Protocol.” The Department will now begin instituting fines of $1,000 for the first violation instead of issuing a warning letter and $2,000 for the second and each subsequent violation. These penalties are intended to enhance compliance and to update the fines in relation to the increase in the cost of operating a food-related business since 1990.

Part E – Authorize the Energy Research and Development Authority (NYSERDA) to make payments to certain State funds.

This bill authorizes the New York State Energy Research and Development Authority (NYSERDA) to make payments to the General Fund and the Environmental Conservation Special Revenue Fund.

This bill authorizes NYSERDA to make a payment of up to $913,000 to the General Fund from unrestricted corporate funds, and a payment of $330,000 to the Department of Environmental Conservation Special Revenue Fund Low-Level Radioactive Waste Account from funds rebated to New York from the Federal government. The Authority has the authorization to establish, assess and collect fees for costs associated with the disposal of low-level radioactive waste generators in New York. Current law does not enable NYSERDA to make a deposit to the State without specific authorization. Chapter 59 of the Laws of 2005 provided a one year similar authorization. Without this bill, NYSERDA could not make these contributions. The $913,000 transfer will help offset New York State’s debt service requirements relating to West Valley.

Part F – Increase various DEC regulatory fees.

This bill amends the Environmental Conservation Law (ECL) to (i) increase the registration fee for well drillers and clarify certain provisions related to the registration of well drillers; (ii) increase certain State Pollutant Discharge Elimination System (SPDES) program fees; and (iii) to establish a fee for dam permits and an annual fee for dams.

ECL Sections 15-1502(3) and (5) are amended to clarify the definitions of “water well” and “water well driller.” Additionally, ECL Section 15-1525(3) is amended to establish a 90-day time requirement for filing a well completion report and to increase the annual registration fee from $10 to $100; and ECL Section 15-1525(5) is amended to clarify that individuals must pass a “two-part certification” exam rather than a licensing exam.

These changes will help exclude excavations such as ponds or dewatering pits from the definition of water well. This bill removes a loophole which currently allows a drilling company to bypass the regulatory requirements if a well is drilled on property the company owns. Changes also require a well completion report to be filed within 90 days of completion of drilling a water well. Finally, this proposal clarifies that well drillers must pass a certification exam, rather than a licensing exam, as neither the Department of Environmental Conservation (the Department) nor the National Ground Water Association issue a license.

ECL Section 72-0602 is amended to increase the annual SPDES program fees for private/commercial/institutional (P/C/I) facilities from $100 to $300 for small facilities and from $200 to $600 for large facilities; and the general permit fees from $50 to $150 for medium concentrated animal feeding operations (CAFOs), $500 for large CAFOs, and $300 for industrial stormwater discharges.

These fees have not been raised in several years and the additional increase would be used to enhance the Department’s ability to inspect and monitor regulated facilities, including major industrial and commercial facilities and CAFOs.

Article 72 of the ECL is amended by adding a new Title 9 to establish a $500 fee for a permit to erect, construct, reconstruct or repair a dam pursuant to ECL Section 15-0503, and to establish a $500 fee to be paid annually by dam owners. However, any person who owns or operates a farm operation will be exempted from these fees.

Currently there is no fee to apply for a permit to erect, construct, reconstruct or repair a dam. Likewise, there are no annual fees to own a dam. The fees proposed in this bill would enhance the Department’s ability to increase dam safety inspections, permitting functions and compliance.

Part G – Establish an All-Terrain Vehicle (ATV) Program.

This bill sets forth requirements and limitations regarding the use of all terrain vehicles (ATVs) on certain public lands, and on the enforcement of ATV requirements; and establishes a State assistance program for ATV trail development, maintenance and enforcement.

This bill amends the Environmental Conservation Law and Vehicle and Traffic Law to set forth requirements for the use of ATVs on State lands under the jurisdiction of the Department of Environmental Conservation (the Department) including forest preserve lands both inside and outside of the Adirondack and Catskill Parks, and to increase ATV registration fees. This bill also amends the Vehicle and Traffic Law. The bill:

• Amends the Environmental Conservation Law (ECL) to provide that the terms “all-terrain vehicle,” “private highway” and “public highway” will have the same meanings as set forth in Vehicle and Traffic Law (VTL);
• Limits the public use of ATVs on forest preserve lands inside and outside of the Adirondack and Catskill Parks, and on other lands under the jurisdiction of the Department located within the boundaries of the Adirondack or Catskill Park to public highways;
• Requires that the use of ATVs on lands under the jurisdiction of the Department in the Adirondack and Catskill Parks must comply with the respective State Land Master Plans for these Parks;
• Prohibits the use of ATVs in wildlife management areas under the control of the Department except for public highways opened under provisions of Section 2405 of the VTL;
• Authorizes the use of ATVs on trails and private roads on conservation easements held by the Department and on State lands other than the forest preserve, wildlife management areas and conservation easement lands at the discretion of the Commissioner of Environmental Conservation;
• Provides for the use of ATVs by persons with disabilities and for administrative, law enforcement, and emergency purposes;
• Amends the ECL to establish a State assistance program for ATV trail development and maintenance on lands owned by local government and not for profit ATV associations, and on Department easement lands, and specifies the parameters of the program and authorizes the Commissioner to adopt related rules and regulations as necessary. In addition, ATV safety, education and training programs are eligible for assistance;
• Amends the VTL to: provide that every ATV shall be registered at the time of sale; that non-residents using ATVs in New York State must be registered in New York State;
• Provides the Department of Motor Vehicles will be responsible for providing an ATV trail map and user guide (developed by the Department) to everyone registering an ATV; require permanent registration plates on the back of the vehicle;
• Sets penalties for violations in the operation of ATVs; and
• Authorizes a county, city, town or village to adopt or amend local law or ordinance that is more restrictive than the provisions of this bill.

Current law sets an annual fee of $25 dollars for both residents and non-residents for the registration of ATVs and does not provide for an ATV trail development and maintenance program. Requirements regarding the public use of ATVs inside of the Adirondack and Catskill Parks are found in the Adirondack Park State Land Master Plan and Catskill Park State Land Master Plan, respectively, but are not in current statute and there are no specific statutory provisions relating to the use of ATVs on state lands under the jurisdiction of the Department, other than generic provisions in the VTL.

There is increasing demand from those who ride ATVs that the State provides legally authorized ATV riding opportunities. At the same time, illegal ATV traffic on public and private lands in the State has increased and caused significant environmental degradation. This bill addresses both of these important issues. First, it provides for a program of ATV trail development and maintenance in environmentally appropriate areas owned by local governments and not for profit ATV associations, and on environmentally appropriate easement lands held by the Department, and for ATV education and enforcement upon the appropriation of funds by the Legislature. Second, it increases potential penalties for the illegal operation of ATVs. Additionally, the bill would require the development and distribution of ATV trail maps which are in great demand and which are expected to result in a reduction of ATVs on unauthorized locations.

Part H – Make a technical change to Agriculture and Markets’ fees.

This bill allows the Commissioner of the Department of Agriculture and Markets to enter into fee-for-service agreements for laboratory work done for other states, local and federal agencies, and educational entities.

This bill amends section 16 of the Agriculture and Markets Law (AML) to allow the Commissioner of Agriculture & Markets to enter into fee-for-service agreements for laboratory work services performed on behalf of other entities. Several other states do not have adequate laboratory testing facilities to administer food tests and instrument calibration work and often request services from the Department of Agriculture & Markets’ laboratories. This proposal allows the Department to continue to provide service to other states, local and Federal agencies, as well as educational entities, and also to collect fees for the services provided.

Part I – Increase Title V Operating Permit Program fees on stationary sources of air pollution.

This bill increases the Title V facility per ton operating permit fee on regulated air contaminates from $45 to a maximum of $67 and establishes a minimum fee of $1,250 per operating permit facility.

This bill amends Environmental Conservation Law (ECL) to increase fees and establish minimum fees. The bill amends ECL §72-303 to increase fees from $45 per ton to a maximum of $67 per ton of regulated air contaminants and establish minimum fees of $1,250 per facility. Enactment will allow the Department of Environmental Conservation to continue effective oversight of facilities regulated pursuant to Title V of the Federal Clean Air Act.

Part J – Provide the annual authorizations for the CHIPS and Marchiselli programs.

This bill authorizes the Consolidated Local Street and Highway Improvement Program (CHIPS) and Marchiselli programs for State fiscal year 2006-07 and reiterates program levels through 2009-10.

This bill authorizes the CHIPS and Marchiselli programs for State fiscal year 2006-07 at $289.5 million and $39.7 million, respectively. In addition, it reiterates the CHIPS and Marchiselli program levels for State fiscal years 2007-08 through 2009-10.

Part K – Authorize a pilot program for the Department of Transportation and the Thruway Authority to bid construction projects inclusive of professional engineering costs.

This bill allows the Department of Transportation (DOT) and the Thruway Authority to follow a design-build project delivery process for certain designated capital projects.

This bill adds two new sections of law:

• Section 38-a of Highway Law
• Section 359-b of Public Authorities Law

These new sections allow DOT and the Thruway Authority each to undertake a pilot design-build program and participate in a maximum number of “design-build contracts” (12 for DOT and five for the Thruway Authority). This bill authorizes the design-build letting of certain construction contracts based on a two-step selection process. The traditional design-bid-build approach is expected to remain the primary method of project delivery.

Design-build contracts combine the design work and construction activities into a single contract. Design-build contracts are useful when it is critical to complete a project as quickly as possible, when a project has unusual procurement requirements, or when there is a need for major coordination of multiple project phases.

The design-build approach has been authorized for use in Federal aid projects and at least 34 states currently have design-build authority. Numerous design-build bills have been introduced in New York in the past but have not been enacted.

Part L – Authorize the Department of Transportation, the Thruway Authority and the Metropolitan Transportation Authority (MTA) to enter into transportation development partnerships with public and/or private entities.

This bill would authorize the Department of Transportation (DOT), the Thruway Authority (Thruway) and the Metropolitan Transportation Authority (MTA) to enter into transportation development partnerships for the delivery of transportation projects, facilities or services. By entering into partnerships with private entities, public transportation agencies could tap private sources of capital, accelerate project completion and reduce construction risk.

This is a new bill which adds Article 23 to the Transportation Law, and Sections 388 and 1270-g to the Public Authorities Law, to authorize the DOT, the Thruway, and the MTA, respectively, to solicit, consider and accept public and/or private proposals and enter into transportation development agreements for the delivery of transportation projects, facilities or services.

Under the bill, public and/or private entities could acquire, design, finance, construct, improve, operate and maintain transportation facilities, provide transportation services, and impose user fees for the use of the facilities or services. The imposition of any fares, tolls or other charges is limited to transportation facilities that currently impose user fees, are newly constructed, or increase capacity. All environmental and public outreach requirements that a transportation project currently undergoes would be adhered to in the development of a project under this program.

The bill also provides that the New York State Bridge Authority, the Niagara Frontier Transportation Authority, the Rochester-Genesee Transportation Authority, the Capital District Transportation Authority and the Central New York Regional Transportation Authority may enter into agreements with the DOT, Thruway, or the MTA for the provision of the transportation facilities and services.

Statement in Support

This bill will lead to a better transportation system by expanding capital programs, accelerating project completion and facilitating more efficient operation of transportation facilities. The bill is not intended to provide State financial plan relief; rather it will augment the State’s traditional transportation funding resources. If the State continues to rely exclusively on traditional transportation taxes, fares and fees to meet its needs, the burden on transportation system users will become unsustainable. Transportation development partnerships have been successfully adopted in other states, expanding construction and providing financial relief for taxpayers. More than twenty-one states have enacted laws authorizing varying forms of partnerships, resulting in innovative and cost-effective financing techniques for the development, operation and maintenance of transportation infrastructure projects and services. States have used this authority to attract private investment and create significant public benefits, including: $1.8 billion to Chicago for private operation of the 7.8 mile Chicago Skyway toll bridge; $338 million in private financing to construct the Dulles Greenway in Virginia; and $130 million of private investment for construction of a 2.3 mile extension of the Las Vegas Monorail in Nevada.

Public control would continue to be exercised over all partnership projects and facilities. Additionally, this authority would enable the State and any private development partners to access provisions in the recently-enacted Federal transportation act, SAFETEA-LU, which authorized $15 billion in private activity bonds for transportation projects.

Prior Legislative History:

A similar proposal (S.994) was introduced with the 2005-06 Executive Budget but not enacted.

Part M – Increase the fees for the photo image portion of DMV’s non-driver identification card.

This bill raises the non-driver portion of the photo image fee and directs all the fee revenue to the Dedicated Highway and Bridge Trust Fund and the Dedicated Mass Transportation Fund. The 2005-06 Budget assumed a $5 increase on both drivers’ licenses and non-drivers’ identifications (ID’s) to support the five-year State Transportation Capital Plan, but inadvertently omitted enabling legislation for the non-drivers’ photo image increase. This bill corrects that omission.

Under existing law, two fees are applied to non-driver identification documents issues by DMV: a fee for the ID card itself and a fee for the photo image superimposed on it. This bill increases the photo image fee, currently $5, to $10. All revenue generated from the new $10 fee is to be deposited to the Dedicated Highway and Bridge Trust Fund and the Dedicated Mass Transportation Fund according to the distribution specified in subdivision (d) of section 301(j) of the Tax Law.

Part N – Amend the Motor Carrier Safety Improvement Act (MCSIA) regarding disqualifications of commercial driver license holders.

This bill conforms the Vehicle and Traffic law (VTL) with Federal requirements governing the operators of commercial vehicles. Chapter 60, part E, of the laws of 2005 amended the VTL to conform with Federal requirements for operating commercial vehicles. This bill is a cleanup measure to conform the VTL to remaining Federal requirements.

The provisions of this bill:

• Repeal the qualification that all drivers of buses (as defined by Article 19-A of the VTL) hold commercial drivers licenses (CDL).
• Restrict the operation of commercial motor vehicles to drivers with the proper endorsements on their licenses and who have such licenses in their immediate possession.
• Authorize DMV to initiate legal sanctions against a CDL applicant where a review of the applicant’s commercial driving record indicates that another state failed to take appropriate CDL disqualification action against the same.
• Revoke a CDL for a period of one year (or three years if transporting hazardous materials) for convictions of certain crimes and offenses.

Part O – Reinstate the bulk mailing rate provisions for the Department of Motor Vehicles (DMV).

This bill amends the Vehicle and Traffic law to authorize the Department of Motor Vehicles (DMV) access to reduced cost bulk mailing rates by using updated addresses provided by the United States Postal Service (USPS) when mailing notices of revocation, suspension or other orders issued by the Department.

Sections 1 through 5 permit mailing of notices of suspension, revocation or orders to addresses provided by the United States Postal Service.

Similar provisions enacted by part J of chapter 412 of the Laws of 1999 sunseted on September 1, 2002.

The bill also amends several gender-specific references.

Part P – Increase the MTA Bond Cap to reflect the bonding needs of the enacted State Transportation Plan and MTA capital programs.

This bill raises the Metropolitan Transportation Authority’s (MTA) current bonding authorization to finance all New York City Transit and Commuter Railroad projects outlined in its approved capital program plans, including its 2005-09 Capital Program.

The MTA’s current bond cap of $16.5 billion is raised to $28.9 billion. This $12.4 billion increase provides the additional bonding capacity required to finance the following:

• $1.1 billion for the 2000 – 2004 Capital Program;
• $8.2 billion for the 2005 – 2009 Capital Program; and
• $3.1 billion for the MTA’s Mega Projects to support post-2009 commitments and demonstrate to the Federal Transit Administration the State’s commitment to fully fund the local share for these projects.

Part Q – Add Oneida County to the Central New York Regional Transportation Authority Service District.

This bill adjusts the statutory schedule for the required match to State transit aid for the county participants in the Central New York Regional Transportation Authority (CNYRTA). The changes reflect the addition of Oneida County to the CNYRTA service district and agreements reached among CNYRTA and all the participating counties regarding allocation of matching shares.

This bill amends Section 1 of Part I of Chapter 413 of the Laws of 1999 to add Oneida County to the CNYRTA schedule and adjusts the matching shares of the three existing county participants (Cayuga, Onondaga, and Oswego).

Part R – Make permanent the authority of the Secretary of State to charge increased fees for expedited handling of documents.

This bill makes permanent legislation authorizing the Secretary of State to charge increased fees for the expedited handling of documents issued by or requested from the Department’s Division of Corporations.

The Executive Law currently authorizing the Secretary of State to charge increased fees for expedited handling expires on March 31, 2006. Historically this statute has been extended annually to coincide with the enactment of the budget. To avoid complications of a sunset occurring simultaneously with the end of the State fiscal year, the proposed legislation would remove the date of expiration.

Part S – Authorize the Department of Environmental Conservation to regulate all freshwater wetlands, and establish fees for freshwater and tidal wetland permits.

This bill amends Environmental Conservation Law (ECL) to strengthen protection for certain wetlands smaller than 12.4 acres in size, increase penalties for freshwater wetland violations, establish permit application fees, and update certain other provisions.

Under current law, wetlands that are contiguous to waters of the United States or a tributary of the waters of the United States are regulated by the United States Army Corps of Engineers (the “Corps”). The Department of Environmental Conservation (DEC) regulates wetlands that are 12.4 acres or larger and are mapped by the DEC staff. Recent court decisions have curtailed the jurisdictions of the Army Corps of Engineers over wetlands that are smaller than 12.4 acres and are hydrologically isolated from waters of the United States. A potential gap in protection for such wetlands has resulted. Accordingly, this bill will address the regulatory gap by allowing the DEC to regulate wetlands less than 12.4 acres that meet one or more of the following criteria, specifically, that they: 1) are deemed to have unusual local significance, or 2) are isolated from waters of the United States, or 3) are located within the Adirondack Park and meet the definitions contained in Article 22 of the Executive Law. The bill further enumerates the purposes of wetlands protection to include protection of endangered, threatened, rare or exemplary species of plants and animals.

The bill includes several other provisions, including:

• Increasing maximum civil penalties for the violation of wetland regulations from $3,000 to $10,000;
• Increasing maximum criminal penalties for the violation of wetland regulations from $1,000 to $5,000 for first violations and $2,000 to $10,000 for subsequent violations;
• Eliminating the Freshwater Wetlands Appeals Board;
• Establishing freshwater permit fees of $50 for minor projects and $100 for major projects. In addition, tidal wetland permits are established and fees not to exceed $200 for minor projects or to exceed $900 for major projects are established;
• Allowing wetlands maps to be posted electronically on the internet; and
• Including subdivision of land containing wetlands on the list of regulated activities that require a permit.

The provisions of this bill are necessary to ensure that wetlands are effectively regulated to preserve drinking water quality, assure flood control and protect ecologically sensitive areas.

Part T – Authorize certain State agencies to finance their activities with revenues from assessments on public utilities.

This bill provides authorization to certain State agencies to finance their activities with revenues generated from assessments on public utilities and cable television companies.

Section 1 authorizes certain expenditures of the Department of Health as eligible expenses for cable television assessment revenue. Sections 2 through 7 authorize certain expenditures for the departments of Agriculture and Markets, Economic Development, Environmental Conservation, the Office of Parks, Recreation and Historical Preservation, the Consumer Protection Board and the Office of Homeland Security as eligible expenses for utility assessment revenue.

Section 18-a of the Public Service Law authorizes the Department of Public Service (DPS) to assess public utility companies for the costs associated with the operations of the Public Service Commission (PSC) and the DPS. Section 217 of the Public Service Law authorizes the DPS to assess cable television companies for costs associated with the operations of the PSC and DPS. Chapter 59 of the Laws of 2005 provided similar authorization.

This bill ensures that the affected agencies will be able to expend utility assessment funds on critical State programs.

Part U – Increase the maximum penalties for Banking Law violations and eliminate annual license renewal fees.

This bill increases penalty fines for violation of the Banking Law; increases investigation fees for applications and uses such monies to fund the Banking Department’s (the Department’s) expenses; and repeals annual licensing fees.

This bill restructures the Department’s fee and fine structure to accomplish several objectives including:

• Simplifying and streamlining the current fee and fine structure of the Department;
• Making certain that penalty receipts are deposited to the General Fund, while ensuring that costs related to Department operations are charged to the industry; and
• Reforming the current fine levels to ensure their efficacy as a deterrent.

Specifically, this bill:

• Allows the Department to retain investigation fees that are currently allotted to the General Fund;
• Centralizes investigation fees into either investigations for initial approvals or subsequent approvals and increase said fees;
• Centralizes fines into either substantive violations or reporting violations and increase both kinds;
• Authorizes the Department to charge all regulated entities for copying and other assorted services; and
• Eliminates all fees associated with annual license and registration renewals.

The Department’s current fee and fine structure no longer corresponds to the rapidly evolving financial industry and subsequent Department workload. The new assessment mechanism, which is more reflective of the increasing regulation of non-traditional financial organizations (e.g., check cashers, money transmitters, etc.), means that license fees do not have the link to the cost of monitoring they once did; and can be subsequently eliminated with no effect to the Department. Further, none of the current investigation fees reflect the actual cost to the Department for examinations of certain actions (e.g., mergers, consolidations, relocations, etc.). Thus, given the length of time that has passed since fines were last raised, it is necessary to increase the fines imposed for violations of Banking Law. Current fines have insufficient deterrent value and may be regarded as a nuisance expense or “cost of doing business” by those that may be inclined to violate a law or rule.

The Banking Law generally prescribes various non-uniform fees for many types of applications and renewal of annual licenses and registrations. Current fines and penalties on depository institutions do not match those imposed on federally-chartered institutions or those fines and penalties imposed on in-state non-depository institutions. All fees and fines have been deposited to the General Fund since 1989. The Department cannot charge the majority of the institutions it regulates for copying and other assorted services.

Some of the proposals in this bill were introduced as Article VII legislation in 2004 and were not enacted.

Part V – Extend the State Single Audit Act for the Department of Transportation.

This bill makes permanent Section 21 of the Transportation Law, which unifies and simplifies the audit process for State transportation assistance to municipalities and public authorities by aligning that process with the Federal single audit.

Section 2 of chapter 279 of the laws of 1998, as amended by section 2 of chapter 100 of the laws of 1999, would be amended by eliminating the December 31, 2006 expiration date.

Section 21 of Transportation Law applies to municipalities and public authorities with annual State transportation assistance spending in excess of $100,000 for programs administered by the New York State Department of Transportation (NYSDOT), in cases where such entity is already required to perform a Federal single audit under the Federal Single Audit Act of 1984. The law allows an independent certified public accountant to conduct an audit of State funds received by a municipality at the same time and in the same format as they conduct the Federal audit, thereby satisfying State audit requirements and eliminating the need for examination by State auditors.

The NYSDOT benefits from having audit information collected in a uniform, simplified, reliable manner. Since inception of Section 21, there has been a decrease in workload for NYSDOT auditors, allowing more time for audits of State-only programs and smaller programs. The municipalities and authorities that receive State transportation assistance benefit by performing both Federal and State audits in a unified and simplified manner.

Part W – Increase the Excelsior Linked Deposit Program from $350 million to $410 million.

This bill expands the Excelsior Linked Deposit Program from $350 million to $410 million.

Section 214 of the State Finance Law allows the Comptroller to invest up to $250 million of State funds in the program. An additional $100 million is available from participating public authorities. This bill increases the authorized amount of State funds by $60 million.

Chapter 705 of the Laws of 1993 established the Excelsior Linked Deposit Program and authorized the investment of $50 million in State funds and $50 million in public authority funds; Chapter 711 of the Laws of 1996 increased the authorized amount of State funds from $50 million to $100 million; Chapter 553 of the Laws of 1999 further increased authorized State support to $150 million; Chapter 84 of the Laws of 2002 further increased authorized State support to $250 million and public authority funds from $50 million to $100 million.

The Excelsior Linked Deposit Program is an efficient and effective mechanism for providing small businesses with access to needed capital. The existing program funds are fully obligated. Accordingly, a $60 million program expansion ensures available resources for new loan commitments.

Part X – Increase the maximum penalties for Insurance Law violations.

To enhance the ability of the Insurance Department to enforce Insurance Law and ensure regulatory compliance.

This bill strengthens the Department’s fines and other enforcement mechanisms in order to:

• Increase compliance with existing provisions of Insurance Law.
• Prevent potentially harmful actions to the insurance industry.

Specifically, this bill:

• Raises fines and penalties for various violations of Insurance Law.
• Authorizes the Superintendent to issue cease and desist orders for violations of the Insurance Law.

The current set of tools the Department uses to discourage certain behaviors that harm the insurance industry and insurance consumers are becoming less effective. Current fines have insufficient deterrent value and may be regarded as a nuisance expense or “cost of doing business” by those that may be inclined to violate a law or rule. In addition, the existing procedures for issuing cease and desist orders is cumbersome and time-consuming, and such orders may not come into effect until significant harm has occurred.

This is a new proposal.

Over half of the current fines in Insurance Law have not been changed since the 1970s. The superintendent can halt actions violating Insurance Law through a court-approved injunction or issue cease and desist orders under Article 24 of Insurance Law.

Part Y – Require the Department of Agriculture and Markets to conduct food safety inspections on a risk-based frequency.

This bill achieves efficiencies in the inspection of retail food stores, and requires preventive measures to better protect the safety of the State’s food supply.

This bill amends section 500 of the Agriculture and Markets Law (AML) to allow the Department to inspect retail food stores on a violation risk potential by amending current laws that require annual inspections for all retail food stores. More specifically, this bill:

• Provides for inspections of retail food stores on a risk based frequency determined by establishment size, type of food offered for sale and other factors that may affect public health. In addition, stores would continue to be inspected when there are complaints and on a random basis; and
• Adds a new article, 20-B, relating to food security that defines what businesses are regulated and require the affected operators to take preventive measures, prescribed by the Commissioner by regulation after public hearing, to minimize the risk of food being subjected to tampering or criminal or terrorist actions.

Currently, the Department is responsible for inspecting each retail food store once every calendar year. The retail food stores that fail the first inspection are re-inspected by the Department within a six month period.

Enactment of this proposal would allow the Department to inspect retail food stores based on violation risk factors such as store size and types of food for sale rather than annually as current law prescribes. Retail food stores that have a good inspection record would no longer be inspected on an annual basis. On the contrary, retail food vendors that fail inspection would be inspected more frequently.

Part Z – Authorize the Dormitory Authority to provide financing for Hadassah.

This bill authorizes the Dormitory Authority of the State of New York (DASNY) to provide financing for Hadassah.

This bill amends subdivision 2 of section 1676 and subdivision 1 of section 1680 of the Public Authorities Law by adding a new undesignated paragraph to allow Hadassah, the Women’s Zionist Organization of the America, Inc. and/or Hadassah Medical Relief Association, Inc., a New York State not-for-profit corporation, to acquire, finance refinance, construct, reconstruct, renovate, develop, improve, expand and equip its facilities, including, but not limited to the Hadassah-Hebrew University Medical Center in Ein Kerem, Israel.

Hadassah, headquartered in New York City and originally incorporated in the State in 1922, is the largest volunteer organization in the country with over 300,000 members. It provides important economic benefits to the State and the City of New York. A primary stated corporate purpose is to provide for the medical relief for the persons in the State of Israel. Current law provides more than 185 separate similar not-for-profit organizations with the ability to access DASNY tax-exempt financing. This bill provides this same benefit to Hadassah.

Part AA – Authorize a technical change regarding hazardous wastewater fees.

To amend the Environmental Conservation Law (ECL) to make a technical change to correct the hazardous wastewater surcharge.

ECL §72-0403(1)(l) is amended to change the threshold amount for the surcharge on hazardous wastewater from 15,000 tons per year to 15 tons per year. Chapter 1 of the laws of 2003 established a $6,000 surcharge on hazardous wastewater for generators of equal to or greater than fifteen thousand tons per year of hazardous wastewater. The surcharge on hazardous wastewater incorrectly referenced 15,000 tons per year versus 15 tons per year. This corrects this reference.

Part BB – Authorize the Dormitory Authority to provide up to $1.2 million to Cornell University for the Cornell Theory Center.

This bill authorizes the Dormitory Authority to provide up to $1.2 million to Cornell University to support operations of the Cornell Theory Center for fiscal year 2006-07.

Chapter 59 of the Laws of 2005 authorized the Dormitory Authority to provide up to $1.2 million for the support of the Cornell Theory Center.

Similar legislation has been enacted since 1997-98.

The Cornell Theory Center provides business and academia with affordable access to the latest in supercomputer technology. This bill enables the Center to continue to deliver these services, while providing the Dormitory Authority with the opportunity to avail itself of the resources of Cornell University to address financial and labor management issues.

Part CC – Provide for a three year phase-out of the bond issuance charge on public authorities.

This bill provides a three year phase out of the bond issuance charge on public authorities and public benefit corporations.

The Public Authorities Law currently authorizes the State to impose a bond issuance charge on public authorities and public benefit corporations that issue bonds. The charge is levied on a progressive scale based upon the size of each bond issue. Bond issues in excess of $20 million are levied the maximum fee of seventy basis points. This bill would, over a three year period, reduces and ultimately eliminates the bond issuance charge. The bill also grants exemptions from the bond issuance charge to all otherwise applicable bond issues of $10 million or less throughout the phase out period, consistent with current practice.

Part DD – Make permanent the general loan powers of the New York State Urban Development Corporation (UDC).

This bill makes permanent the general loan powers of the New York State Urban Development Corporation (UDC).

Chapter 393 of the Laws of 1994 provides the UDC with the general power to make loans until July 1, 2006.

Several similar bills repealing the sunset provision have previously been introduced, but not enacted. Provisions to extend the sunset date were enacted in 1997, 1998, 2000, 2002, 2003, 2004, and 2005.

This bill is necessary to extend the UDC’s general loan powers. Absent enactment of this bill, the UDC will only be able to make loans in connection with certain State-funded economic development programs that include loan authorization.

Part EE – Create a new $475 million bonded capital program to support economic development projects.

This bill establishes a new $475 million capital program to be administered by the New York State Urban Development Corporation (UDC), and authorizes UDC, or other public authorities if appropriate, to issue bonds to finance the program.

This new bill allows the State to make important contributions to support priority economic development, cultural facilities, academic facilities and energy initiatives across the State. Funding will be targeted to major projects that will create significant regional or statewide benefits.

Part FF – Authorize one-time funding for the development of the World Trade Center Visitor Orientation and Educational Center.

This bill directs the New York State Urban Development Corporation to reallocate State funds in its possession originally provided for programs that are no longer active.

This bill reclaims dormant account balances of the Regional Economic Development (REDs) Partnership, Small and Medium-size Business Assistance (SAMBA), Child Care Facilities Construction, Job Retention and Defense Industry, and Higher Education Applied Technology (HEAT) programs, as well as residual funds associated with the now delayed New York Stock Exchange expansion project.

Upon reallocation, such funds will be used to support redevelopment activities in Lower Manhattan.

Part GG – Extend the Power for Jobs and Economic Development Power programs and authorize the New York Power Authority to make a voluntary contribution to the General Fund.

This bill extends the Power for Jobs (PFJ) and energy cost savings benefit programs until March 31, 2007, and provides that the New York Power Authority (NYPA) will reimburse the State for the costs of the gross receipts tax (GRT) credit and make a voluntary contribution of $100 million in State fiscal year 2006-07. Additionally, this bill will exempt NYPA from further voluntary contributions to the State, and will establish a commission to develop recommendations on future uses for the State’s hydro-electric and other economic development power resources.

Without this extension, the PFJ program will sunset on December 31, 2006. PFJ provides low-cost power to businesses and not-for-profits and is an important economic development program that supports the continuation of nearly 300,000 jobs throughout the State.

In addition, the energy cost savings benefit program, unless extended, will expire on December 31, 2006. The energy cost savings benefit program, which was enacted into law as part of Chapter 313 of the laws of 2005, continues low cost power for businesses that were formerly served by low cost power contracts from Fitzpatrick nuclear power plant. The energy cost savings benefit program, which is funded entirely by NYPA, provides $37.5 million annual savings to 64 businesses, thereby supporting the continuation of approximately 60,000 jobs.

Additionally, this bill establishes that NYPA has met all obligations for the Power for Jobs Program from its inception in 1997 through December 31, 2006 and exempts NYPA from future voluntary contributions arising from the Power for Jobs Program relating to the periods after December 31, 2006. This bill also states that NYPA may be reimbursed, subject to an appropriation, for net costs associated with the Power for Jobs rebate program between January 1, 2007 and March 31, 2007, as certified by the Public Service Commission. Finally, this bill establishes a commission to determine the future of New York Economic Development Power programs, including but not limited to Power for Jobs and the Energy Cost Savings Benefit Programs.

Absent enactment of this bill, low-cost power will not be provided to participating businesses and not-for-profits, thereby endangering the continuation of the associated jobs.

BUDGET IMPLICATIONS:

Part A – Make permanent surf clam and quahog fees.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget, which assumes the continued receipt of approximately $100,000 of fee revenue to support DEC’s shellfish program.

Part B – Authorize additional purposes for the Environmental Protection Fund.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget, which includes EPF appropriations for expansion of important environmental efforts.

Part C – Authorize assessments on utilities to be used for New York State Energy Research and Development Authority research and development costs.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget because it authorizes expenditures of section 18-a money for NYSERDA. A $14.7 million appropriation is included in NYSERDA’s budget for these energy programs.

Part D – Increase penalties for food and other health violations.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget because the increase in penalties is expected to provide an additional $1.1 million in revenues for the General Fund.

Part E – Authorize the Energy Research and Development Authority (NYSERDA) to make payments to certain State funds.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget because it ensures that NYSERDA will make these payments to the General Fund and the Environmental Conservation Special Revenue Fund as contemplated in the Financial Plan.

Part F – Increase various DEC regulatory fees.

Enactment of this bill is necessary to implement the 2006-2007 Executive Budget. Without the increased fee and language changes, DEC cannot fully and efficiently implement and administer programs for Well Drillers, SPDES, CAFOs, Industrial Stormwater and Dam Safety. The proposed fees are expected to raise additional revenues of approximately $2.6 million, which would be deposited into the Environmental Regulatory Account and would fund 36 new positions for these and other Department programs. This additional revenue does not include approximately $43,500 in additional revenue generated from the registration fee for well drillers which would be deposited to the General Fund.

Part G – Establish an All-Terrain Vehicle (ATV) Program.

This bill is required to implement the 2006-07 Executive Budget.

Part H – Make a technical change to Agriculture and Markets’ fees.

Enactment of this bill clarifies the Commissioner’s ability to accept this work when it is in the public interest, and accept payment to offset the cost of the work. The bill is needed to continue receipt of revenues assumed in the 2006-07 financial plan.

Part I – Increase Title V Operating Permit Program fees on stationary sources of air pollution.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget. The increase of the Title V Operating Permit fee to a maximum of $67 per ton and establishing a minimum permit fee per facility will increase revenues by approximately $6.1 million for State fiscal year 2006-07 and allow the Clean Air Fund Operating Permit Account to remain in balance.

Part J – Provide the annual authorizations for the CHIPS and Marchiselli programs.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget.

Part K – Authorize a pilot program for the Department of Transportation and the Thruway Authority to bid construction projects inclusive of professional engineering costs.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget to allow the State to benefit from reductions in the cost and time to deliver certain transportation projects.

Part L – Authorize the Department of Transportation, the Thruway Authority and the Metropolitan Transportation Authority (MTA) to enter into transportation development partnerships with public and/or private entities.

Enactment of this bill is necessary to implement the 2006-2007 Executive Budget. Transportation development partnerships will help the State leverage private investment in transportation facilities and services, provide relief for taxpayers, and assist in the delivery of important capacity expansion projects.

Part M – Increase the fees for the photo image portion of DMV’s non-driver identification card.

The State’s five-year Transportation Capital Plan, enacted in State fiscal year 2005-06, assumed the $2 million in annual revenue this fee will generate. Enactment of this bill, therefore, is necessary to fund the Capital Plan.

Part N – Amend the Motor Carrier Safety Improvement Act (MCSIA) regarding disqualifications of commercial driver license holders.

Enactment of this bill is necessary to bring New York State into compliance with the Motor Carrier Safety Improvement Act of 1999. Failure to do so could jeopardize the State’s right to issue commercial driver’s licenses and result in the loss of $17.5 million in Federal highway funds in State fiscal year 2006-07 and $35 million annually in subsequent State fiscal years.

Part O – Reinstate the bulk mailing rate provisions for the Department of Motor Vehicles (DMV).

This bill saves over $200,000 in annual operating costs and is therefore necessary to implement the 2006-07 Executive Budget. DMV mails about 2.6 million pieces of mail each year and by using the United States Postal Service’s updated mailing system, will save 82 cents in postage per letter.

Part P – Increase the MTA Bond Cap to reflect the bonding needs of the enacted State Transportation Plan and MTA capital programs.

Enactment of this bill is necessary to implement the State’s 2005-06 through 2009-10 Transportation Plan and the MTA Capital Programs.

Part Q – Add Oneida County to the Central New York Regional Transportation Authority Service District.

This bill is necessary to implement the 2006-07 Executive Budget, since the State will adjust Statewide Transit Operating Assistance allocations to reflect the inclusion of Oneida County in CNYRTA.

Part R – Make permanent the authority of the Secretary of State to charge increased fees for expedited handling of documents.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget because the costs associated with the expedited handling are greater than traditional requests. Therefore, failure to enact this legislation will result in the Department bearing additional expenditures with no additional revenue available to support these costs.

Part S – Authorize the Department of Environmental Conservation to regulate all freshwater wetlands, and establish fees for freshwater and tidal wetland permits.

Enactment of this bill is necessary to implement the 2006-2007 Executive Budget. The proposed legislation will generate $1,000,000 in new revenues in 2006-07, which are required to cover the new personal service expenditures associated with implementation of the program.

Part T – Authorize certain State agencies to finance their activities with revenues from assessments on public utilities.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget because it ensures the recovery of expenses incurred by the departments of Health, Agriculture and Markets, Economic Development, Environmental Conservation, the Office of Parks, Recreation and Historical Preservation, the Consumer Protection Board, and the Office of Homeland Security.

Part U – Increase the maximum penalties for Banking Law violations and eliminate annual license renewal fees.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget. The elimination of license fees and the redirection of the investigation fees to the Department will result in a $4 million annual loss to the General Fund. However, it is expected that increases in fines will offset this loss.

Part V – Extend the State Single Audit Act for the Department of Transportation.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget because failure to extend these provisions would result in up to $300,000 in additional annual auditing costs for the Department of Transportation.

Part W – Increase the Excelsior Linked Deposit Program from $350 million to $410 million.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget, which assumes a $60 million expansion of the Excelsior Linked Deposit Program. Although the State would forego approximately $1.4 million of interest earnings as a result of this proposal, the economic benefits of the program would likely outweigh such costs.

Part X – Increase the maximum penalties for Insurance Law violations.

Enactment of this bill is necessary to implement the 2006-2007 Executive Budget, which assumes $800,000 of additional General Fund receipts as a result of increased fines.

Part Y – Require the Department of Agriculture and Markets to conduct food safety inspections on a risk-based frequency.

Enactment of this bill will save the Department $1.1 million in program costs.

Part Z – Authorize the Dormitory Authority to provide financing for Hadassah.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget because it enables a New York State not-for-profit organization to carry out its corporate mission efficiently and continue to remain a viable organization within the State.

Part AA – Authorize a technical change regarding hazardous wastewater fees.

Enactment of this bill is necessary to implement the 2006-2007 Executive Budget. Currently, there are 160 facilities that generate 15 or more tons of hazardous wastewater per year with only 41 of these facilities generating 15,000 tons or more a year. By changing the threshold to 15 tons, as was the original intent, the State will receive approximately $700,000 a year in additional revenue.

Part BB – Authorize the Dormitory Authority to provide up to $1.2 million to Cornell University for the Cornell Theory Center.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget, which assumes that the Dormitory Authority will provide up to $1.2 million to Cornell University for operation of the Cornell Theory Center.

Part CC – Provide for a three year phase-out of the bond issuance charge on public authorities.

Enactment of this bill reduces the State’s miscellaneous receipts revenues by approximately $29 million in SFY 2006-07. In SFY 2007-08 it is estimated that miscellaneous receipts will be reduced by $58 million and by approximately $100 million in SFY 2008-09 and thereafter.

Part DD – Make permanent the general loan powers of the New York State Urban Development Corporation (UDC).

Enactment of this bill is necessary to implement the 2006-07 Executive Budget, which assumes that UDC will provide certain economic development assistance through loans, rather than grants. Absent this legislation, the Corporation could not fund loans approved through the Metropolitan Economic Revitalization Fund.

Part EE – Create a new $475 million bonded capital program to support economic development projects.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget, which assumes that a new $475 million capital program will be established and financed with public benefit corporation bond proceeds.

Part FF – Authorize one-time funding for the development of the World Trade Center Visitor Orientation and Educational Center.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget which assumes their use in conjunction with Lower Manhattan redevelopment.

Part GG – Extend the Power for Jobs and Economic Development Power programs and authorize the New York Power Authority to make a voluntary contribution to the General Fund.

Enactment of this bill is necessary to implement the 2006-07 Executive Budget, which assumes that NYPA will provide approximately $127 million to the State in State fiscal year 2006-07 to support the extension of the Power for Jobs program until March 31, 2007, as well as repay the State for the costs of prior phases of the program. There are no budget implications for extension of the energy cost savings benefit program as it is entirely funded by NYPA.

EFFECTIVE DATE:

Part A – Make permanent surf clam and quahog fees.

This bill takes effect April 1, 2006.

Part B – Authorize additional purposes for the Environmental Protection Fund.

This bill takes effect April 1, 2006.

Part C – Authorize assessments on utilities to be used for New York State Energy Research and Development Authority research and development costs.

This bill takes effect April 1, 2006.

Part D – Increase penalties for food and other health violations.

This bill takes effect immediately.

Part E – Authorize the Energy Research and Development Authority (NYSERDA) to make payments to certain State funds.

This bill takes effect April 1, 2006.

Part F – Increase various DEC regulatory fees.

This bill takes effect immediately.

Part G – Establish an All-Terrain Vehicle (ATV) Program.

This bill is effective immediately.

Part H – Make a technical change to Agriculture and Markets’ fees.

This bill takes effect immediately.

Part I – Increase Title V Operating Permit Program fees on stationary sources of air pollution.

This bill is effective immediately.

Part J – Provide the annual authorizations for the CHIPS and Marchiselli programs.

The bill takes effect on April 1, 2006.

Part K – Authorize a pilot program for the Department of Transportation and the Thruway Authority to bid construction projects inclusive of professional engineering costs.

This bill will take effect immediately.

Part L – Authorize the Department of Transportation, the Thruway Authority and the Metropolitan Transportation Authority (MTA) to enter into transportation development partnerships with public and/or private entities.

This bill takes effect April 1, 2006.

Part M – Increase the fees for the photo image portion of DMV’s non-driver identification card.

This bill takes effect immediately.

Part N – Amend the Motor Carrier Safety Improvement Act (MCSIA) regarding disqualifications of commercial driver license holders.

This bill takes effect immediately.

Part O – Reinstate the bulk mailing rate provisions for the Department of Motor Vehicles (DMV).

This bill takes effect immediately.

Part P – Increase the MTA Bond Cap to reflect the bonding needs of the enacted State Transportation Plan and MTA capital programs.

This bill takes effect immediately.

Part Q – Add Oneida County to the Central New York Regional Transportation Authority Service District.

This bill takes effect April 1, 2006.

Part R – Make permanent the authority of the Secretary of State to charge increased fees for expedited handling of documents.

This bill takes effect April 1, 2006.

Part S – Authorize the Department of Environmental Conservation to regulate all freshwater wetlands, and establish fees for freshwater and tidal wetland permits.

This bill takes effect ninety days after enactment.

Part T – Authorize certain State agencies to finance their activities with revenues from assessments on public utilities.

This bill takes effect April 1, 2006.

Part U – Increase the maximum penalties for Banking Law violations and eliminate annual license renewal fees.

This bill takes effect immediately.

Part V – Extend the State Single Audit Act for the Department of Transportation.

This bill takes effect immediately.

Part W – Increase the Excelsior Linked Deposit Program from $350 million to $410 million.

The bill takes effect on April 1, 2006.

Part X – Increase the maximum penalties for Insurance Law violations.

This bill takes effect on the ninetieth day following enactment.

Part Y – Require the Department of Agriculture and Markets to conduct food safety inspections on a risk-based frequency.

Part Z – Authorize the Dormitory Authority to provide financing for Hadassah.

This bill takes effect ninety days after enactment.

Part AA – Authorize a technical change regarding hazardous wastewater fees.

This act takes effect immediately.

Part BB – Authorize the Dormitory Authority to provide up to $1.2 million to Cornell University for the Cornell Theory Center.

This bill takes effect April 1, 2006.

Part CC – Provide for a three year phase-out of the bond issuance charge on public authorities.

This bill takes effect immediately.

Part DD – Make permanent the general loan powers of the New York State Urban Development Corporation (UDC).

This bill takes effect April 1, 2006.

Part EE – Create a new $475 million bonded capital program to support economic development projects.

This bill takes effect April 1, 2006.

Part FF – Authorize one-time funding for the development of the World Trade Center Visitor Orientation and Educational Center.

This bill takes effect immediately.

Part GG – Extend the Power for Jobs and Economic Development Power programs and authorize the New York Power Authority to make a voluntary contribution to the General Fund.

This bill takes effect April 1, 2006.