[ ] is old law to be omitted.
LBD12673-05-4
S. 6357--C 2
thereof; and to amend the environmental conservation law, in relation
to pesticide registration fees and reporting (Part H); to amend the
environmental conservation law, the penal law and the vehicle and
traffic law, in relation to authorizing crossbow hunting and issuance
of distinctive "I Love New York" plates; and to repeal subdivisions 11
and 16 of section 11-0901 of the environmental conservation law relat-
ing thereto (Part I); to amend the agriculture and markets law, in
relation to granting, suspending or revoking licenses for food proc-
essing establishments (Part J); intentionally omitted (Part K); to
authorize and direct the New York state energy research and develop-
ment authority to make a payment to the general fund of up to $913,000
(Part L); intentionally omitted (Part M); 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 extending the expira-
tion date thereof (Part N); to amend the business corporation law and
the not-for-profit corporation law, in relation to the transmission of
incorporation certificates to county clerks (Part O); to amend the
executive law, in relation to the national registry fee (Part P); to
authorize the department of health to finance certain activities with
revenues generated from an assessment on cable television companies
(Part Q); to amend the public service law, in relation to authorizing
the department of public service to increase program efficiencies; and
to repeal certain provisions of the public service law relating there-
to (Part R); to amend the public service law, in relation to the
temporary state energy and utility service conservation assessment
(Part S); to amend the insurance law, in relation to unauthorized
providers of health services and the examination of providers of
health services; to amend the penal law and the criminal procedure
law, in relation to criminalizing acting as a runner or soliciting or
employing a runner to procure patients or clients; to amend the penal
law, in relation to staging a motor vehicle accident; and to amend the
insurance law and the vehicle and traffic law, in relation to permit-
ting an insurer to rescind or retroactively cancel a policy in certain
circumstances (Part T); to amend the insurance law, the public health
law and the financial services law, in relation to establishing
protections to prevent surprise medical bills including network
adequacy requirements, claim submission requirements, access to out-
of-network care and prohibition of excessive emergency charges (Part
U); to amend the insurance law, in relation to the licensing of agents
of authorized title insurance corporations; to amend the tax law, in
relation to excluding abstracts of title and other public records from
the imposition of sales tax; and to repeal certain provisions of the
insurance law relating thereto (Part V); to amend chapter 58 of the
laws of 2012 amending the public authorities law relating to authoriz-
ing the dormitory authority to enter into certain design and
construction management agreements, in relation to extending certain
authority of the dormitory authority of the state of New York (Part
W); intentionally omitted (Part X); to amend the public health law, in
relation to fees in connection with certain health care facility
financings; and to repeal section 2976-a of the public authorities law
relating thereto (Part Y); to amend the New York state urban develop-
ment corporation act, in relation to extending certain provisions
relating to the empire state economic development fund (Part Z); to
amend chapter 393 of the laws of 1994, amending the New York state
S. 6357--C 3
urban development corporation act, relating to the powers of the New
York state urban development corporation to make loans, in relation to
the effectiveness thereof (Part AA); to amend the tax law and the
state finance law, in relation to deposits in the upstate special aid
account (Part BB); to amend the vehicle and traffic law, in relation
to the definition of an all terrain vehicle or "ATV" (Part CC); to
amend the real property tax law, in relation to establishing a green
development home tax exemption (Part DD); to amend the highway law, in
relation to the "St. Lawrence Wine Trail" (Part EE); to amend the
state finance law, in relation to establishing the bridge and road
investment and dedicated fund guaranteed enforcement "BRIDGE" reform
act (Part FF); to amend the highway law, in relation to the establish-
ment of roadside rest areas along certain interstate highways (Part
GG); to amend the state finance law, in relation to how amounts appro-
priated to the department of transportation shall be made available
(Part HH); to amend the economic development law and the public
authorities law, in relation to enacting the northern New York power
proceeds allocation act (Part II); to amend the labor law, in relation
to exempting contractors employed by certain municipalities from
payment of asbestos project notification fees for demolitions and in
relation to asbestos project notification fees (Part JJ); to amend
part A of chapter 173 of the laws of 2013, amending the public service
law and other laws relating to the powers and duties of the department
of public service and the Long Island power authority, in relation to
the repowering of certain power generating facilities (Part KK); to
amend the urban development corporation act, in relation to a young
farmers NY fund (Part LL); to amend the vehicle and traffic law, in
relation to non-divisible load permits; providing for the repeal of
such provisions upon expiration thereof (Part MM); to amend the agri-
culture and markets law, in relation to the young farmer revolving
loan fund program (Part NN); to amend the vehicle and traffic law, in
relation to providing for a discount on driver's license renewal fees
for senior citizens (Part OO); to amend the education law, in relation
to establishing a young farmer apprentice program (Part PP); to amend
the public authorities law, in relation to payments of grants to farm
operations by NYSERDA (Part QQ); to amend the public service law, in
relation to a study by the public service commission on net metering
(Part RR); to amend the economic development law, in relation to the
New York state biomedical and biotechnological translational research
and entrepreneurship initiative (Part SS); to amend the agriculture
and markets law, in relation to requests for public information
regarding certain farm operations (Part TT); to amend the environ-
mental conservation law, in relation to the use of ultra low sulfur
diesel fuel and best available technology by the state (Part UU); in
relation to a proposed electric generating facility in the county of
Suffolk; and providing for the repeal of such provisions upon expira-
tion thereof (Part VV); to amend the agriculture and markets law, in
relation to limiting disclosure of certain information (Part WW); to
amend the state finance law, in relation to requiring that annual
reports be made concerning revenues of and disbursements from the New
York state autism awareness and research fund, the New York state
"drive out diabetes research and education fund" and the New York
state "multiple sclerosis research fund"; to amend the vehicle and
traffic law, in relation to requiring that annual reports be made
concerning the Distinctive "keep kids drug free" license plate reven-
ues and disbursements (Part XX); to provide for the administration of
S. 6357--C 4
certain funds and accounts related to the 2014-15 budget, authorizing
certain payments and transfers; to amend the state finance law, in
relation to school tax relief fund; to amend the state finance law, in
relation to payments, transfers and deposits; to amend the state
finance law, in relation to the period for which appropriations can be
made; to transfer certain employees of the division of military and
naval affairs to the office of general services; to amend the state
finance law, in relation to the issuance of bonds and notes; to amend
the state finance law, in relation to the general fund; to amend the
New York state urban development corporation act, in relation to fund-
ing project costs for certain capital projects; to amend chapter 389
of the laws of 1997, relating to the financing of the correctional
facilities improvement fund and the youth facility improvement fund,
in relation to the issuance of bonds; to amend the private housing
finance law, in relation to housing program bonds and notes; to amend
chapter 329 of the laws of 1991, amending the state finance law and
other laws relating to the establishment of the dedicated highway and
bridge trust fund, in relation to the issuance of bonds; to amend the
public authorities law, in relation to the dormitory authority; to
amend chapter 61 of the laws of 2005, providing for the administration
of certain funds and accounts related to the 2005-2006 budget, in
relation to issuance of bonds by the urban development corporation; to
amend the New York state urban development corporation act, in
relation to the Clarkson-trudeau partnership, the New York genome
center, the Cornell University college of veterinary medicine, the
Olympic regional development authority, a project at nano Utica, Onon-
daga county revitalization projects; to amend the public authorities
law, in relation to the state environmental infrastructure projects;
to amend the state finance law, in relation to the New York state
storm recovery capital fund; to amend the New York state urban devel-
opment corporation act, in relation to authorizing the urban develop-
ment corporation to issue bonds to fund project costs for the imple-
mentation of a NY-CUNY challenge grant program; to amend chapter 81 of
the laws of 2002, providing for the administration of certain funds
and accounts related to the 2002-2003 budget, in relation to increas-
ing the aggregate amount of bonds to be issued by the New York state
urban development corporation; to amend the public authorities law, in
relation to financing of peace bridge and transportation capital
projects; to amend the public authorities law, in relation to dormito-
ries at certain educational institutions other than state operated
institutions and statutory or contract colleges under the jurisdiction
of the state university of New York; to amend the public authorities
law, in relation to authorization for the issuance of bonds for the
capital restructuring bond finance program; to amend chapter 389 of
the laws of 1997, providing for the financing of the correctional
facilities improvement fund and the youth facility improvement fund,
in relation to the issuance of bonds; to amend the public authorities
law, in relation to environmental remediation; to amend the New York
state medical care facilities finance agency act, in relation to bonds
and mental health facilities improvement notes and providing for the
repeal of certain provisions upon expiration thereof; and to amend the
public authorities law, in relation to authorizing the dormitory
authority to issue bonds for the hospital transition programs (Part
YY); and in relation to directing the public service commission to
undertake a comprehensive examination and study of the state of the
telecommunications industry in this state (Part ZZ)
S. 6357--C 5
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2014-2015
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through ZZ. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. Subdivision (d) of section 11 of 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, as amended
by section 4 of part A of chapter 58 of the laws of 2012, is amended to
read as follows:
(d) Any such service contract (i) shall provide that the obligation of
the director of the budget or the state to fund or to pay the amounts
therein provided for shall not constitute a debt of the state within the
meaning of any constitutional or statutory provisions in the event the
thruway authority assigns or pledges service contract payments as secu-
rity for its bonds or notes, (ii) shall be deemed executory only to the
extent moneys are available and SHALL PROVIDE that no liability shall be
incurred by the state beyond the moneys available for the purpose, and
that such obligation is subject to annual appropriation by the legisla-
ture, and (iii) shall provide that no funds shall be made available from
the proceeds of bonds or notes issued pursuant to this chapter unless
the commissioner of transportation has certified to the [chairman of the
thruway authority] DIRECTOR OF THE BUDGET that such funds shall be used
exclusively for the purposes authorized by subdivision (a) of this
section, and/or construction, reconstruction or improvement of local
highways, bridges and/or highway-railroad crossings, including right of
way acquisition, preliminary engineering, and construction supervision
and inspection, where the service life of the project is at least ten
years or where the project is: (1) microsurfacing, (2) paver placed
surface treatment, (3) single course surface treatment involving chip
seals and oil and stone and (4) double course surface treatment involv-
ing chip seals and oil and stone, and unless [the director of the budget
has certified to the chairman of the thruway authority that] a spending
plan has been submitted by the commissioner of transportation and has
been approved by the director of the budget.
S 2. Subdivision (g) of section 15 of chapter 329 of the laws of 1991,
as added by section 9 of chapter 330 of the laws of 1991, is REPEALED,
and subdivision (f) of section 15 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
ment of the dedicated highway and bridge trust fund, as added by section
9 of chapter 330 of the laws of 1991, is amended to read as follows:
(f) The commissioner of transportation shall certify to the [New York
state thruway authority] DIRECTOR OF THE BUDGET AND THE COMPTROLLER
amounts eligible for repayments as specified herein. Such certification
S. 6357--C 6
shall include any such information as may be necessary to maintain the
federal tax exempt status of bonds, notes or other obligations issued by
the New York state thruway authority pursuant to section 380 of the
public authorities law.
S 3. Subdivision 1 of section 80-b of the highway law, as amended by
chapter 161 of the laws of 2008, is amended to read as follows:
1. In connection with the undertaking of any project for which the
commissioner is authorized to use moneys of the federal government
pursuant to the provisions of subdivision thirty-four-a of section ten
and section eighty of this chapter to assure the effective discharge of
state responsibilities with respect to regional transportation needs, on
highways, roads, streets, bicycle paths or pedestrian paths that are not
on the state highway system, the commissioner shall submit such project
to the governing body or bodies of the affected municipality or munici-
palities together with estimates of costs thereof. If such project
includes a municipal project, as that term is defined in accordance with
article thirteen of the transportation law, the state share of such
municipal project shall also be included. If such project includes a
project affecting a highway, road, street, bicycle path or pedestrian
path not on the state highway system, the state share shall be equal to
eighty percent of the difference between the total project cost and the
federal assistance, provided, however, the commissioner may increase the
state share to an amount equal to one hundred percent of the difference
between the total project cost and the federal assistance where he
determines that the need for the project results substantially from
actions undertaken pursuant to section ten of this chapter. [Except for
individual projects where the non-federal share of a federally aided
municipal project is less than five thousand dollars, no state or local
shares of municipal streets and highways projects shall be payable from
the non-fiduciary funds of the capital projects budget of the depart-
ment.] No such project shall proceed without the approval of the govern-
ing body of a municipality. Such governing body may request the commis-
sioner to undertake the provision of such project. If the commissioner
agrees to such undertaking he shall notify the local governing body
which shall appropriate sufficient moneys to pay the estimated amount of
the municipal share. Such moneys shall be deposited with the state comp-
troller who is authorized to receive and accept the same for the
purposes of such project, subject to the draft or requisition of the
commissioner. When the work of such project has been completed, the
commissioner shall render to the governing body of such municipality an
itemized statement showing in full (a) the amount of money that has been
deposited by such municipality with the state comptroller as hereinbe-
fore provided, and (b) all disbursements made pursuant to this section
for such project. Any surplus moneys shall be paid to such municipality
on the warrant of the comptroller on vouchers therefor approved by the
commissioner. When the work of such project has been completed and it is
determined by the commissioner that the amount of the cost to be borne
by the municipality is in excess of the amount deposited by such munici-
pality with the state comptroller, the commissioner shall then notify
the municipality of the deficiency of funds. The municipality shall then
within ninety days of the receipt of such notice, pay such amount to the
state comptroller. For purposes of this section, the term "municipality"
shall include a city, county, town, village or two or more of the fore-
going acting jointly.
S 4. Subdivision (e) of section 16 of chapter 329 of the laws of 1991,
amending the state finance law and other laws relating to the establish-
S. 6357--C 7
ment of a dedicated highway and bridge trust fund, as added by section 9
of chapter 330 of the laws of 1991, is REPEALED.
S 5. Subdivision (e) of section 16-a of chapter 329 of the laws of
1991, amending the state finance law and other laws relating to the
establishment of a dedicated highway and bridge trust fund, as added by
section 9 of chapter 330 of the laws of 1991, is REPEALED.
S 6. Paragraph (a) of subdivision 5 of section 10-f of the highway
law, as added by chapter 725 of the laws of 1993, is amended to read as
follows:
(a) Funding of municipal projects will be made upon the application
for funding of prior expenditures in a format prescribed by the commis-
sioner. [Funding of qualifying municipal project expenditures shall be
made from the proceeds of bonds, notes or other obligations issued
pursuant to section three hundred eighty of the public authorities law.]
Such funding of state projects may be pursuant to agreements between the
commissioner and the New York state thruway authority and may be from
the proceeds of bonds, notes or other obligations issued pursuant to
section three hundred eighty-five of the public authorities law.
S 7. Paragraph (a) of subdivision 5 of section 10-g of the highway
law, as added by chapter 725 of the laws of 1993, is amended to read as
follows:
(a) Funding of municipal projects will be made upon the application
for funding of prior expenditures in a format prescribed by the commis-
sioner. [Funding of qualifying municipal project expenditures shall be
made from the proceeds of bonds, notes or other obligations issued
pursuant to section three hundred eighty of the public authorities law.]
Such funding of state projects may be pursuant to agreements between the
commissioner and the New York state thruway authority and may be from
the proceeds of bonds, notes or other obligations issued pursuant to
section three hundred eighty-five of the public authorities law.
S 8. This act shall take effect immediately.
PART B
Intentionally Omitted
PART C
Intentionally Omitted
PART D
Section 1. Section 2 of part D of chapter 58 of the laws of 2013,
relating to the hours of operation of the department of motor vehicles
and providing for the repeal of such provisions upon expiration thereof,
is amended to read as follows:
S 2. This act shall take effect immediately [and shall expire and be
deemed repealed two years after such date].
S 2. This act shall take effect immediately.
PART E
Section 1. The article heading of article 12-C of the vehicle and
traffic law, as added by chapter 751 of the laws of 2005, is amended to
read as follows:
S. 6357--C 8
ACCIDENT PREVENTION COURSE INTERNET, AND
OTHER TECHNOLOGY [PILOT] PROGRAM
S 2. Sections 399-m and 399-o of the vehicle and traffic law are
REPEALED.
S 3. Sections 399-k and 399-l of the vehicle and traffic law, as added
by chapter 751 of the laws of 2005, are amended to read as follows:
S 399-k. Accident prevention course internet technology [pilot]
program. The commissioner shall establish and implement a comprehensive
[pilot] program to [review and study] ALLOW internet, and other technol-
ogies as approved by the commissioner, as a training method for the
administration and completion of an approved accident prevention course
for the purposes of granting point and insurance premium reduction bene-
fits.
S 399-l. Application. Applicants for participation in the [pilot]
program established pursuant to this article shall be among those acci-
dent prevention course sponsoring agencies that have a course approved
by the commissioner pursuant to article twelve-B of this title [prior to
the effective date of this article and which deliver] AND HAVE SATISFAC-
TORILY DELIVERED such course to the public FOR A PERIOD OF ONE YEAR AND
CONTINUE TO DELIVER SUCH COURSE, UNLESS EXEMPTED BY THE COMMISSIONER.
[Provided, however, the commissioner may, in his or her discretion,
approve applications after such date.] In order to be approved for
participation in such [pilot] program, the course must comply with the
provisions of law, rules and regulations applicable thereto. The
commissioner may, in his or her discretion, impose a fee for the
submission of each application to participate in the [pilot] program
established pursuant to this article. Such fee shall not exceed seven
thousand five hundred dollars. The proceeds from such fee shall be
deposited in the accident prevention course internet technology [pilot]
program fund as established by section eighty-nine-g of the state
finance law.
S 4. Subdivision 2 of section 399-n of the vehicle and traffic law, as
added by chapter 751 of the laws of 2005, is amended to read as follows:
2. The commissioner is authorized to impose a fee upon each accident
prevention course sponsoring agency approved for participation in the
[pilot] program, which shall not exceed eight dollars for each student
who completes an accident prevention course by means of the [pilot]
program established pursuant to this article.
S 5. The section heading, subdivisions 1 and 3 of section 89-g of the
state finance law, as added by chapter 751 of the laws of 2005, are
amended to read as follows:
Accident prevention course internet, and other technology [pilot]
program fund. 1. There is hereby established in the joint custody of the
state comptroller and the commissioner of taxation and finance a special
fund to be known as the "accident prevention course internet, and other
technology [pilot] program fund".
3. The moneys in the accident prevention course internet, and other
technology [pilot] program fund shall be kept separate and shall not be
commingled with any other moneys in the custody of the commissioner of
taxation and finance and the state comptroller.
S 6. Section 5 of chapter 751 of the laws of 2005, amending the insur-
ance law and the vehicle and traffic law, relating to establishing the
accident prevention course internet technology pilot program, is amended
to read as follows:
S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law [and shall expire and be deemed repealed five
S. 6357--C 9
years after the date that the accident prevention course internet, and
other technology pilot program is established and implemented by the
commissioner of motor vehicles pursuant to article 12-C of the vehicle
and traffic law, as added by section three of this act]; provided that
any rules and regulations necessary to implement the provisions of this
act on its effective date are authorized and directed to be completed on
or before such date; and provided, further, that the commissioner of
motor vehicles shall notify the legislative bill drafting commission of
the date he or she establishes and implements the accident prevention
course internet technology pilot program pursuant to article 12-C of the
vehicle and traffic law, as added by section three of this act, in order
that such commission may maintain an accurate and timely effective data
base of the official text of the laws of the state of New York in furth-
erance of effecting the provisions of section 44 of the legislative law
and section 70-b of the public officers law.
S 7. This act shall take effect immediately; provided that sections
one through five of this act shall take effect May 18, 2014.
PART F
Intentionally Omitted
PART G
Section 1. Section 2985 of title 11 of article 9 of the public author-
ities law is designated title 11-A and such title is amended by adding a
new title heading to read as follows:
TOLL COLLECTIONS
S 2. Subdivision 1 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
1. Notwithstanding any other provision of law, every public authority
which operates a toll highway bridge and/or tunnel facility is hereby
authorized and empowered to impose monetary liability on the owner of a
vehicle for failure [of an operator thereof] to comply with the toll
collection regulations of such public authority in accordance with the
provisions of this section.
S 3. Intentionally omitted.
S 4. Intentionally omitted.
S 5. Subdivision 5 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
5. An owner found liable for a violation of toll collection regu-
lations pursuant to this section shall for a first violation thereof be
liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND
FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED
dollars or two times the toll evaded whichever is greater; for a second
violation thereof both within eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] TWO hundred dollars or five times
the toll evaded whichever is greater; for a third or subsequent
violation thereof all within eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] THREE hundred [fifty] dollars or
ten times the toll evaded whichever is greater.
S 6. Paragraphs (a) and (b) of subdivision 7 of section 2985 of the
public authorities law, as added by chapter 379 of the laws of 1992, are
amended to read as follows:
S. 6357--C 10
(a) A notice of liability shall be sent by first class mail to each
person alleged to be liable as an owner for a violation of toll
collection regulations. Such notice shall be mailed no later than [thir-
ty] SIXTY days after the alleged violation. Personal delivery on the
owner shall not be required. A manual or automatic record of mailing
prepared in the ordinary course of business shall be prima facie
evidence of the mailing of the notice.
(b) A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of toll
collection regulations pursuant to this section, the registration number
AND STATE OF REGISTRATION of the vehicle involved in such violation, the
[location where such violation took place, the date and time] LOCATIONS,
DATES AND TIMES of such violation, THE AMOUNT OF THE ASSESSED TOLLS AND
OTHER CHARGES AND FEES, and the identification number of the photo-moni-
toring system which recorded the violation or other document locator
number.
S 7. Subdivision 8 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
8. Adjudication of the liability imposed upon owners by this section
shall be by the entity having jurisdiction over violations of the rules
and regulations of the public authority serving the notice of liability
or where authorized by an administrative tribunal and all violations
shall be heard and determined in the county in which the violation is
alleged to have occurred, or in New York city and upon the consent of
both parties, in any county within New York city in which the public
authority operates or maintains a facility, and in the same manner as
charges of other regulatory violations of such public authority or
pursuant to the rules and regulations of such administrative tribunal as
the case may be. THE ENTITY OR ADMINISTRATIVE TRIBUNAL THAT ADJUDICATES
LIABILITY FOR A VIOLATION SHALL COLLECT THE FULL AMOUNT OF THE ASSESSED
TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO THE MONETARY PENALTY
OWED, AND SHALL PAY TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION REGU-
LATIONS WERE VIOLATED THE HALF AMOUNT OF THE ASSESSED TOLLS, FULL AMOUNT
OF OTHER CHARGES AND FEES AND ONE-HALF OF THE MONETARY PENALTY, AND
DEPOSIT REMAINING HALF AMOUNT OF THE ASSESSED TOLLS INTO THE HIGHWAY AND
BRIDGE CAPITAL ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND
ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
S 8. Subdivision 10 of section 2985 of the public authorities law, as
amended by chapter 666 of the laws of 1993, is amended to read as
follows:
10. An owner who is a lessor of a vehicle to which a notice of liabil-
ity was issued pursuant to subdivision seven of this section shall not
be liable for the violation of the toll collection regulation provided
that he or she sends to the public authority serving the notice of
liability and to the court or other entity having jurisdiction a copy of
the rental, lease or other such contract document covering such vehicle
on the date of the violation, with the name and address of the lessee
clearly legible, within thirty days after receiving [the original]
notice of liability. Failure to send such information within such thir-
ty day time period shall render the lessor liable for the penalty
prescribed by this section. Where the lessor complies with the
provisions of this subdivision, the lessee of such vehicle on the date
of such violation shall be deemed to be the owner of such vehicle for
purposes of this section and shall be subject to liability for the
violation of toll collection regulations, provided that the public
authority mails a notice of liability to the lessee within ten days
S. 6357--C 11
after the court, or other entity having jurisdiction, deems the lessee
to be the owner. For purposes of this subdivision the term "lessor"
shall mean any person, corporation, firm, partnership, agency, associ-
ation or organization engaged in the business of renting or leasing
vehicles to any lessee under a rental agreement, lease or otherwise
wherein the said lessee has the exclusive use of said vehicle for any
period of time. For purposes of this subdivision, the term "lessee"
shall mean any person, corporation, firm, partnership, agency, associ-
ation or organization that rents, leases or contracts for the use of one
or more vehicles and has exclusive use thereof for any period of time.
S 9. Intentionally omitted.
S 10. Intentionally omitted.
S 11. Section 2985 of the public authorities law is amended by adding
two new subdivisions 15 and 16 to read as follows:
15. IN ADDITIONAL TO ANY MONETARY LIABILITY THAT MAY BE IMPOSED
PURSUANT TO THIS SECTION, A PUBLIC AUTHORITY THAT OPERATES A TOLL HIGH-
WAY, BRIDGE OR TUNNEL FACILITY IS HEREBY AUTHORIZED AND EMPOWERED TO
IMPOSE AN ADMINISTRATIVE FEE OR FEES ON AN OWNER, AN OPERATOR OR AN
ACCOUNT HOLDER THAT HAS VIOLATED TOLL COLLECTION REGULATIONS.
16. ANY NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY FIRST
CLASS MAIL MAY INSTEAD BE SENT, WITH CONSENT, BY ELECTRONIC MEANS OF
COMMUNICATION. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS
PREPARED IN THIS ORDINARY COURSE OF BUSINESS SHALL BE ADEQUATE EVIDENCE
OF ELECTRONIC NOTICE.
S 12. Intentionally omitted.
S 13. Subdivision 4-d of section 510 of the vehicle and traffic law,
as added by chapter 379 of the laws of 1992, is amended to read as
follows:
4-d. Suspension of registration for failure to answer or pay penalties
with respect to certain violations. Upon the receipt of a notification,
IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSIONER, from a court
[or], an administrative tribunal, OR A PUBLIC AUTHORITY that an owner of
a motor vehicle failed to appear on the return date or dates or a new
subsequent adjourned date or dates or failed to pay any penalty imposed
by a court or failed to comply with the rules and regulations of an
administrative tribunal following entry of a final decision or deci-
sions, in response to five or more notices of liability or other proc-
ess, issued within an eighteen month period FROM ANY JURISDICTIONS IN
NEW YORK OR NEW JERSEY charging such owner with a violation of toll
collection regulations in accordance with the provisions of section two
thousand nine hundred eighty-five of the public authorities law or
sections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred
seventy-four of the laws of nineteen hundred fifty, the commissioner or
his OR HER agent shall suspend the registration of the vehicle or vehi-
cles involved in the violation or the privilege of operation of any
motor vehicle owned by the registrant. Such suspension shall take effect
no less than thirty days from the date on which notice thereof is sent
by the commissioner to the person whose registration or privilege is
suspended and shall remain in effect until such registrant has appeared
in response to such notices of liability or has paid such penalty or in
the case of an administrative tribunal, the registrant has complied with
the rules and regulations following the entry of a final decision or
decisions.
S 14. Subdivision 8 of section 402 of the vehicle and traffic law, as
amended by chapter 61 of the laws of 1989 and as renumbered by chapter
S. 6357--C 12
648 of the laws of 2006, is amended and a new subdivision 9 is added to
read as follows:
8. [The] EXCEPT AS PROVIDED IN SUBDIVISION NINE OF THIS SECTION, THE
violation of this section shall be punishable by a fine of not less than
twenty-five nor more than two hundred dollars.
9. THE VIOLATION OF THIS SECTION ON A TOLL HIGHWAY, BRIDGE AND/OR
TUNNEL FACILITY SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE
HUNDRED NOR MORE THAN FIVE HUNDRED DOLLARS.
S 15. Subparagraph (i) of paragraph a of subdivision 5-a of section
401 of the vehicle and traffic law, as amended by section 9 of chapter
189 of the laws of 2013, is amended to read as follows:
(i) If at the time of application for a registration or renewal there-
of there is a certification from a court, parking violations bureau,
traffic and parking violations agency or administrative tribunal of
appropriate jurisdiction [or administrative tribunal of appropriate
jurisdiction] that the registrant or his or her representative failed to
appear on the return date or any subsequent adjourned date or failed to
comply with the rules and regulations of an administrative tribunal
following entry of a final decision in response to a total of three or
more summonses or other process in the aggregate, issued within an eigh-
teen month period, charging either that: (i) such motor vehicle was
parked, stopped or standing, or that such motor vehicle was operated for
hire by the registrant or his or her agent without being licensed as a
motor vehicle for hire by the appropriate local authority, in violation
of any of the provisions of this chapter or of any law, ordinance, rule
or regulation made by a local authority; or (ii) the registrant was
liable in accordance with section eleven hundred eleven-a of this chap-
ter or section eleven hundred eleven-b of this chapter for a violation
of subdivision (d) of section eleven hundred eleven of this chapter; or
(iii) the registrant was liable in accordance with section eleven
hundred eleven-c of this chapter for a violation of a bus lane
restriction as defined in such section, or (iv) the registrant was
liable in accordance with section eleven hundred eighty-b of this chap-
ter for a violation of subdivision (c) or (d) of section eleven hundred
eighty of this chapter; OR (V) THE REGISTRANT WAS LIABLE IN ACCORDANCE
WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHOR-
ITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN
HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commis-
sioner or his or her agent shall deny the registration or renewal appli-
cation until the applicant provides proof from the court, traffic and
parking violations agency or administrative tribunal wherein the charges
are pending that an appearance or answer has been made or in the case of
an administrative tribunal that he or she has complied with the rules
and regulations of said tribunal following entry of a final decision.
Where an application is denied pursuant to this section, the commission-
er may, in his or her discretion, deny a registration or renewal appli-
cation to any other person for the same vehicle and may deny a registra-
tion or renewal application for any other motor vehicle registered in
the name of the applicant where the commissioner has determined that
such registrant's intent has been to evade the purposes of this subdivi-
sion and where the commissioner has reasonable grounds to believe that
such registration or renewal will have the effect of defeating the
purposes of this subdivision. Such denial shall only remain in effect as
long as the summonses remain unanswered, or in the case of an adminis-
trative tribunal, the registrant fails to comply with the rules and
regulations following entry of a final decision.
S. 6357--C 13
S 15-a. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 9-a of chapter 189 of the laws of
2013, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to a
total of three or more summonses or other process in the aggregate,
issued within an eighteen month period, charging either that: (i) such
motor vehicle was parked, stopped or standing, or that such motor vehi-
cle was operated for hire by the registrant or his or her agent without
being licensed as a motor vehicle for hire by the appropriate local
authority, in violation of any of the provisions of this chapter or of
any law, ordinance, rule or regulation made by a local authority; or
(ii) the registrant was liable in accordance with section eleven hundred
eleven-b of this chapter for a violation of subdivision (d) of section
eleven hundred eleven of this chapter; or (iii) the registrant was
liable in accordance with section eleven hundred eleven-c of this chap-
ter for a violation of a bus lane restriction as defined in such
section; or (iv) the registrant was liable in accordance with section
eleven hundred eighty-b of this chapter for a violation of subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter; OR (V) THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO
THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR
SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED
SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or
his or her agent shall deny the registration or renewal application
until the applicant provides proof from the court or administrative
tribunal wherein the charges are pending that an appearance or answer
has been made or in the case of an administrative tribunal that he or
she has complied with the rules and regulations of said tribunal follow-
ing entry of a final decision. Where an application is denied pursuant
to this section, the commissioner may, in his or her discretion, deny a
registration or renewal application to any other person for the same
vehicle and may deny a registration or renewal application for any other
motor vehicle registered in the name of the applicant where the commis-
sioner has determined that such registrant's intent has been to evade
the purposes of this subdivision and where the commissioner has reason-
able grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. Such denial shall
only remain in effect as long as the summonses remain unanswered, or in
the case of an administrative tribunal, the registrant fails to comply
with the rules and regulations following entry of a final decision.
S 15-b. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 9-b of chapter 189 of the laws of
2013, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his or her represen-
tative failed to appear on the return date or any subsequent adjourned
date or failed to comply with the rules and regulations of an adminis-
trative tribunal following entry of a final decision in response to
three or more summonses or other process, issued within an eighteen
month period, charging that such motor vehicle was parked, stopped or
S. 6357--C 14
standing, or that such motor vehicle was operated for hire by the regis-
trant or his or her agent without being licensed as a motor vehicle for
hire by the appropriate local authority, in violation of any of the
provisions of this chapter or of any law, ordinance, rule or regulation
made by a local authority, or the registrant was liable in accordance
with section eleven hundred eleven-c of this chapter for a violation of
a bus lane restriction as defined in such section, or the registrant was
liable in accordance with section eleven hundred eighty-b of this chap-
ter for a violation of subdivision (b), (c), (d), (f) or (g) of section
eleven hundred eighty of this chapter, OR THE REGISTRANT WAS LIABLE IN
ACCORDANCE WITH SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE
PUBLIC AUTHORITIES LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF
CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED
FIFTY, the commissioner or his or her agent shall deny the registration
or renewal application until the applicant provides proof from the court
or administrative tribunal wherein the charges are pending that an
appearance or answer has been made or in the case of an administrative
tribunal that he or she has complied with the rules and regulations of
said tribunal following entry of a final decision. Where an application
is denied pursuant to this section, the commissioner may, in his or her
discretion, deny a registration or renewal application to any other
person for the same vehicle and may deny a registration or renewal
application for any other motor vehicle registered in the name of the
applicant where the commissioner has determined that such registrant's
intent has been to evade the purposes of this subdivision and where the
commissioner has reasonable grounds to believe that such registration or
renewal will have the effect of defeating the purposes of this subdivi-
sion. Such denial shall only remain in effect as long as the summonses
remain unanswered, or in the case of an administrative tribunal, the
registrant fails to comply with the rules and regulations following
entry of a final decision.
S 15-c. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as amended by section 9-c of chapter 189 of the laws of
2013, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his representative
failed to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging that such motor vehicle was parked, stopped or standing, or
that such motor vehicle was operated for hire by the registrant or his
agent without being licensed as a motor vehicle for hire by the appro-
priate local authority, in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation made by a local
authority, or the registrant was liable in accordance with section elev-
en hundred eighty-b of this chapter for violations of subdivision (b),
(c), (d), (f) or (g) of section eleven hundred eighty of this chapter,
OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO THOUSAND
NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR SECTIONS
SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED SEVENTY-FOUR
OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or his agent
shall deny the registration or renewal application until the applicant
provides proof from the court or administrative tribunal wherein the
charges are pending that an appearance or answer has been made or in the
S. 6357--C 15
case of an administrative tribunal that he has complied with the rules
and regulations of said tribunal following entry of a final decision.
Where an application is denied pursuant to this section, the commission-
er may, in his discretion, deny a registration or renewal application to
any other person for the same vehicle and may deny a registration or
renewal application for any other motor vehicle registered in the name
of the applicant where the commissioner has determined that such regis-
trant's intent has been to evade the purposes of this subdivision and
where the commissioner has reasonable grounds to believe that such
registration or renewal will have the effect of defeating the purposes
of this subdivision. Such denial shall only remain in effect as long as
the summonses remain unanswered, or in the case of an administrative
tribunal, the registrant fails to comply with the rules and regulations
following entry of a final decision.
S 15-d. Paragraph a of subdivision 5-a of section 401 of the vehicle
and traffic law, as separately amended by chapters 339 and 592 of the
laws of 1987, is amended to read as follows:
a. If at the time of application for a registration or renewal thereof
there is a certification from a court or administrative tribunal of
appropriate jurisdiction that the registrant or his representative
failed to appear on the return date or any subsequent adjourned date or
failed to comply with the rules and regulations of an administrative
tribunal following entry of a final decision in response to three or
more summonses or other process, issued within an eighteen month period,
charging that such motor vehicle was parked, stopped or standing, or
that such motor vehicle was operated for hire by the registrant or his
agent without being licensed as a motor vehicle for hire by the appro-
priate local authority, in violation of any of the provisions of this
chapter or of any law, ordinance, rule or regulation made by a local
authority, OR THE REGISTRANT WAS LIABLE IN ACCORDANCE WITH SECTION TWO
THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES LAW OR
SECTIONS SIXTEEN-A, SIXTEEN-B OR SIXTEEN-C OF CHAPTER SEVEN HUNDRED
SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, the commissioner or
his agent shall deny the registration or renewal application until the
applicant provides proof from the court or administrative tribunal wher-
ein the charges are pending that an appearance or answer has been made
or in the case of an administrative tribunal that he has complied with
the rules and regulations of said tribunal following entry of a final
decision. Where an application is denied pursuant to this section, the
commissioner may, in his discretion, deny a registration or renewal
application to any other person for the same vehicle and may deny a
registration or renewal application for any other motor vehicle regis-
tered in the name of the applicant where the commissioner has determined
that such registrant's intent has been to evade the purposes of this
subdivision and where the commissioner has reasonable grounds to believe
that such registration or renewal will have the effect of defeating the
purposes of this subdivision. Such denial shall only remain in effect as
long as the summonses remain unanswered, or in the case of an adminis-
trative tribunal, the registrant fails to comply with the rules and
regulations following entry of a final decision.
S 16. Intentionally omitted.
S 17. Paragraph b of subdivision 2 of section 240 of the vehicle and
traffic law, as added by chapter 715 of the laws of 1972, is amended to
read as follows:
b. No charge may be established except upon proof by substantial
evidence; EXCEPT THAT FOR AN ALLEGATION OF LIABILITY IN ACCORDANCE WITH
S. 6357--C 16
SECTION TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES
LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN
HUNDRED SEVENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED FIFTY, NO CHARGE
MAY BE ESTABLISHED EXCEPT UPON PROOF BY PREPONDERANCE OF EVIDENCE AS
SUBMITTED.
S 18. Intentionally omitted.
S 19. Intentionally omitted.
S 20. Section 1209-a of the public authorities law is amended by
adding a new subdivision 11 to read as follows:
11. NOTICE. ANY NOTICE OR COMMUNICATION REQUIRED TO BE SENT PURSUANT
TO THIS SECTION BY REGISTERED MAIL OR CERTIFIED MAIL MAY INSTEAD BE SENT
BY FIRST CLASS MAIL OR, WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNI-
CATION.
S 21. Intentionally omitted.
S 22. Intentionally omitted.
S 23. Subdivision d of section 16-b of chapter 774 of the laws of
1950, relating to agreeing with the state of New Jersey with respect to
rules and regulations governing traffic on vehicular crossings operated
by the port of New York authority, as added by chapter 379 of the laws
of 1992, is amended to read as follows:
d. (i) A notice of liability shall be sent by first class mail OR,
WITH CONSENT, BY ELECTRONIC MEANS OF COMMUNICATION to each person
alleged to be liable as an owner for a violation pursuant to this
section of the toll collection regulations of the port authority. Such
notice shall be [mailed] SENT no later than [thirty] SIXTY days after
the alleged violation. Personal delivery on the owner shall not be
required. A manual or automatic record of [mailing] SENDING THE NOTICE
prepared in the ordinary course of business shall be prima facie
evidence of the [mailing] SENDING of the notice.
(ii) A notice of liability shall contain the name and address of the
person alleged to be liable as an owner for a violation of the toll
collection regulations of the port authority pursuant to this section,
the registration number AND STATE OF REGISTRATION of the vehicle
involved in such violation, the [location where such violation took
place, the date and time] LOCATIONS, DATES AND TIMES THAT FORM THE BASIS
of such violation, THE AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES,
and the identification number of the photo-monitoring system which
recorded the violation or other document locator number.
(iii) The notice of liability shall contain information advising the
person charged of the manner and the time in which he may contest the
liability alleged in the notice. Such notice of liability shall also
contain a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of liabil-
ity and that a default judgment may be entered thereon.
(iv) The notice of liability shall be prepared and [mailed] SENT by
the port authority or its duly authorized agent.
S 24. Section 16-c of chapter 774 of the laws of 1950, relating to
agreeing with the state of New Jersey with respect to rules and regu-
lations governing traffic on vehicular crossings operated by the port of
New York authority, as added by chapter 379 of the laws of 1992, is
amended to read as follows:
S 16-c. Adjudication of liability. Adjudication of the liability
imposed upon an owner by section 16-a of this act for a violation of the
toll collection regulations of the port authority occurring within the
territorial limits of the state of New York shall be in accordance with
the vehicle and traffic law of New York as set forth in sections 235,
S. 6357--C 17
236, 237, 239, 240, 241, 401, 510 and 1809 of such law, or by such enti-
ty having jurisdiction over violations of the toll collection regu-
lations of the port authority occurring within the territorial limits of
the state of New York, provided that all violations shall be heard and
determined in the county in which the violation is alleged to have
occurred, or by consent of both parties, OR in any county in the state
of New York in which the port authority operates or maintains a facili-
ty. An owner found liable for a violation of toll collection regulations
pursuant to this section shall for a first violation thereof be liable
for THE FULL AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN
ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED dollars
or two times the toll evaded whichever is greater; for a second
violation thereof both within eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] TWO hundred dollars or five times
the toll evaded whichever is greater; for a third or subsequent
violation thereof all within eighteen months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] THREE hundred [fifty] dollars or
ten times the toll evaded whichever is greater. THE HALF AMOUNT OF THE
ASSESSED TOLLS, AND THE FULL AMOUNT OF OTHER CHARGES AND FEES AND
ONE-HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL BE PAID TO THE PORT
AUTHORITY; THE REMAINING HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL
BE RETAINED OR DISTRIBUTED BY THE TRIBUNAL OR ENTITY ADJUDICATING THE
VIOLATION IN ACCORDANCE WITH EXISTING LAW; AND THE REMAINING HALF AMOUNT
OF THE ASSESSED TOLLS SHALL BE DEPOSITED INTO THE HIGHWAY AND BRIDGE
CAPITAL ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
S 25. This act shall take effect on the one hundred twentieth day
after it shall have become a law, provided that:
(a) the amendments to subparagraph (i) of paragraph a of subdivision
5-a of section 401 of the vehicle and traffic law made by section
fifteen of this act shall not affect the expiration of such paragraph
and shall be deemed to expire therewith, when upon such date the
provisions of section fifteen-a of this act shall take effect;
(b) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section fifteen-a of this act shall
not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section
fifteen-b of this act shall take effect;
(c) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section fifteen-b of this act shall
not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section
fifteen-c of this act shall take effect; and
(d) the amendments to paragraph a of subdivision 5-a of section 401 of
the vehicle and traffic law made by section fifteen-c of this act shall
not affect the expiration of such paragraph and shall be deemed to
expire therewith, when upon such date the provisions of section
fifteen-d of this act shall take effect.
PART H
Section 1. Section 9 of chapter 67 of the laws of 1992, amending the
environmental conservation law relating to pesticide product registra-
S. 6357--C 18
tion timetables and fees, as amended by section 1 of part S of chapter
60 of the laws of 2011, is amended to read as follows:
S 9. This act shall take effect April 1, 1992 provided, however, that
section three of this act shall take effect July 1, 1993 and shall
expire and be deemed repealed on July 1, [2014] 2017.
S 2. Section 33-0705 of the environmental conservation law, as amended
by section 2 of part S of chapter 60 of the laws of 2011, is amended to
read as follows:
S 33-0705. Fee for registration.
The applicant for registration shall pay a fee as follows:
a. On or before July 1, [2014] 2017, six hundred dollars for each
pesticide proposed to be registered, provided that the applicant has
submitted to the department proof in the form of a federal income tax
return for the previous year showing gross annual sales, for federal
income tax purposes, of three million five hundred thousand dollars or
less;
b. On or before July 1, [2014] 2017, for all others, six hundred twen-
ty dollars for each pesticide proposed to be registered[;
c. After July 1, 2014, fifty dollars for each pesticide proposed to be
registered].
S 3. This act shall take effect immediately.
PART I
Section 1. Subdivision 25 of section 11-0103 of the environmental
conservation law, as amended by chapter 595 of the laws of 1984, is
amended to read as follows:
25. "Hunting [accident"] RELATED INCIDENT" means the injury to or
death of a person caused by the discharge of a firearm, CROSSBOW or
longbow while the person causing such injury or death, or the person
injured or killed, is taking or attempting to take game, wildlife or
fish.
S 2. Paragraphs 1 and 2 of subdivision 3 and subdivision 5 of section
11-0701 of the environmental conservation law, as amended by section 1-a
of part R of chapter 58 of the laws of 2013, are amended to read as
follows:
(1) who is between the ages of twelve and sixteen years to hunt wild
deer and bear with a longbow OR CROSSBOW during the special archery
season and during the regular season, as provided in title 9 of this
article, subject to the provisions of section 11-0929 and subdivision 3
of section 11-0713 of this article;
(2) who is eighteen years of age or older to hunt wild deer and bear
with a longbow OR CROSSBOW, as provided in title 9 of this article, in a
special [longbow] ARCHERY season; and
5. A non-resident bear tag entitles a person who has not been a resi-
dent of the state for more than thirty days who also possesses a hunting
license to hunt bear during the regular open season therefor or in an
open season fixed by regulation pursuant to subdivision eight of section
11-0903 of this article. It entitles a non-resident holder who also
possesses a hunting license with bowhunting privilege to hunt bear with
a longbow OR CROSSBOW during the open bear season. It entitles a non-re-
sident holder who also possesses a hunting license with muzzle-loading
privilege to hunt bear with a muzzleloader during the open bear season.
S 3. Paragraph b of subdivision 6 of section 11-0703 of the environ-
mental conservation law, as amended by section 2 of part R of chapter 58
of the laws of 2013, is amended to read as follows:
S. 6357--C 19
b. Except as provided in section 11-0707 and section 11-0709 of this
title, no person shall (1) hunt wild deer or bear unless such person
holds and is entitled to exercise the privileges of a hunting license,
and meets the requirements of this article; (2) hunt wild deer or bear
with a longbow OR CROSSBOW in a special [longbow] ARCHERY season unless
such person holds and is entitled to exercise the privileges of a hunt-
ing license with a bowhunting privilege and meets the requirements of
this article; or (3) hunt wild deer or bear with a muzzle-loading
firearm in a special muzzle-loading firearm season unless such person is
at least fourteen years old and holds a hunting license with a muzzle-
loading privilege and meets the requirements of this article.
S 4. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
of the environmental conservation law, as amended by chapter 436 of the
laws of 2000, is amended to read as follows:
(4) is convicted of an offense involving a violation of subdivisions
one and two of section 11-0901 of this article relating to taking of
wildlife when the person taking is in or on a motor vehicle while such
motor vehicle is on a public highway or an offense involving a violation
of subdivision one of section 11-0901 of this article and subparagraph
one of paragraph a of subdivision four of section 11-0931 of this arti-
cle relating to taking wildlife when the person taking is in or on a
motor vehicle and discharging a firearm, CROSSBOW or longbow in such a
way that the load, BOLT or arrow passes over a public highway or a part
thereof or signs an acknowledgment of any such violation for the purpose
of affecting a settlement by civil compromise or by stipulation.
S 5. Subdivisions 2 and 3 of section 11-0719 of the environmental
conservation law, subdivision 2 as amended by section 27 and subdivision
3 as amended by section 28 of part R of chapter 58 of the laws of 2013,
are amended to read as follows:
2. a. The department may revoke the licenses, tags, bowhunting privi-
leges, or muzzle-loading privileges, which authorize the holder to hunt
and/or trap wildlife, and may deny the privilege of obtaining such
licenses, tags, bowhunting privileges, or muzzle-loading privileges, and
may deny the privileges of hunting and/or trapping with or without a
license.
(1) of any person who, while engaged in hunting, FISHING or trapping,
(i) causes death or injury to [another] ANY PERSON by discharging a
firearm, CROSSBOW or longbow, or
(ii) so negligently discharges a firearm, CROSSBOW or longbow as to
endanger the life or safety of another, or
(iii) so negligently and wantonly discharges a firearm, CROSSBOW or
longbow as to destroy or damage public or private property; or
(2) of any agent of the department authorized to issue certificates of
qualification in responsible hunting, bowhunting, or trapping practices
who improperly issues any such certification to a person whom he OR SHE
has not trained, or whom he OR SHE knows has not satisfactorily
completed all of the requirements necessary for such certification.
b. Action by the department resulting in the revocation of such
license or denial of the privilege to hunt and trap as provided in this
subdivision shall be only after a hearing held by the department upon
notice to the offender, at which proof of facts indicating the violation
is established to the satisfaction of the commissioner or of the hearing
officer designated by him OR HER and concurred in by the commissioner.
Provided that where a person, while hunting, causes death or injury to
any person by discharge of a firearm, CROSSBOW or longbow, the commis-
sioner may, in his OR HER discretion, suspend such person's license or
S. 6357--C 20
licenses to hunt and suspend such person's right to hunt without a
license for a period of up to sixty days pending a hearing as provided
for in this subdivision.
c. In case such discharge of a firearm, CROSSBOW or longbow causes
death or injury to [another] ANY PERSON, the license or licenses,
bowhunting privilege, and muzzle-loading privilege shall be revoked and
the ability to obtain any such license and of hunting or of trapping
anywhere in the state with or without a license denied, for a period not
exceeding ten years, except that no revocation shall be made in cases in
which facts established at the hearing indicate to the satisfaction of
the commissioner that there was no negligence on the part of the shooter
or [bowman] BOWHUNTER. In all other cases the license or licenses,
bowhunting privilege, or muzzle-loading privilege, shall be revoked and
the privilege of obtaining such license, bowhunting privilege, or
muzzle-loading privilege, and of hunting or of trapping anywhere in the
state with or without a license denied for a period not exceeding five
years. The department may also require that the person causing such
death [or], injury, ENDANGERMENT OR PROPERTY DAMAGE successfully
complete a department-sponsored course and obtain a certificate of qual-
ification in responsible hunting or bowhunting practices before being
issued another hunting license.
d. Every person injuring himself, herself or another person in a hunt-
ing [accident, as such term is defined in subdivision 25 of section
11-0103 of this article] RELATED INCIDENT, and the investigating law
enforcement officer summoned to or arriving at the scene of such [acci-
dent] INCIDENT shall within ten days from the occurrence of such [acci-
dent] INCIDENT file a report of the [accident] INCIDENT in writing with
the department. Every such person or law enforcement officer shall make
such other and additional reports as the department shall require.
Failure to report such [accident] INCIDENT as herein provided by the
person causing injury or to furnish relevant information required by the
department shall be a violation and shall constitute grounds for suspen-
sion or revocation of such person's hunting licenses and bowhunting and
muzzle-loading privileges and denial of the ability to obtain any such
license and of hunting with or without a license following a hearing or
opportunity to be heard. In addition, the department may temporarily
suspend the license of the person failing to report a hunting [accident]
RELATED INCIDENT within the period prescribed herein until such report
has been filed. In the case of a non-resident, the failure to report an
[accident] INCIDENT as herein provided shall constitute grounds for
suspension or revocation of his or her privileges of hunting within this
state. The report required by this section shall be made in such form
and number as the department may prescribe.
3. A hunting license issued to a person who is at least twelve and
less than sixteen years of age or a hunting license with bowhunting
privilege issued to a person who is between the ages of twelve and
sixteen years may be revoked by the department upon proof satisfactory
to the department that such person, while under the age of sixteen, has
engaged in hunting wildlife with a gun, CROSSBOW or longbow, in circum-
stances in which a license and/or bowhunting or muzzle-loading privilege
is required, while not accompanied by his or her parent, guardian or
other adult as provided in section 11-0929 of this article. ADDI-
TIONALLY, THE DEPARTMENT MAY REVOKE THE HUNTING AND/OR BOWHUNTING OR
MUZZLE-LOADING PRIVILEGE OF ANY PARENT, GUARDIAN, YOUTH MENTOR OR OTHER
ADULT UPON PROOF SATISFACTORY TO THE DEPARTMENT THAT SUCH PERSON ALLOWED
THE HOLDER OF A HUNTING LICENSE, BOWHUNTING PRIVILEGE OR MUZZLE-LOADING
S. 6357--C 21
PRIVILEGE TO HUNT WILDLIFE WITH A GUN, CROSSBOW OR LONGBOW IN VIOLATION
OF SECTION 11-0929 OF THIS ARTICLE. If such license or privilege is
revoked the department shall fix the period of such revocation, which is
not to exceed six years. The department may require that such person
successfully complete a department sponsored course and obtain a certif-
icate of qualification in responsible hunting or responsible bowhunting
practices before being issued another hunting or bowhunting license.
S 6. Paragraphs b and g of subdivision 3, subparagraphs 5, 6 and 8 of
paragraph b, subparagraphs 5, 6 and 8 of paragraph c, and subparagraph 1
of paragraph d of subdivision 4 of section 11-0901 of the environmental
conservation law, paragraph b of subdivision 3 as amended by chapter 911
of the laws of 1990, paragraph g of subdivision 3 as amended by chapter
34 of the laws of 1979, subparagraph 5 of paragraph b and subparagraph 5
of paragraph c of subdivision 4 as amended by chapter 430 of the laws of
2000 and subparagraphs 6 and 8 of paragraph b, subparagraphs 6 and 8 of
paragraph c and subparagraph 1 of paragraph d of subdivision 4 as
amended by chapter 600 of the laws of 1993, are amended to read as
follows:
b. Wild deer and bear shall not be taken except by gun, CROSSBOW or by
long bow. Where an open season, set forth in the table of open seasons
in section 11-0907 OF THIS TITLE or otherwise established by law or
fixed by regulation, is specified as an open season for taking such game
by shotgun or long bow only, or is specified as an open season for
taking such game by long bow only, they shall not be taken except as so
specified.
g. Wildlife shall not be taken [by the use of a cross-bow, by a long
bow drawn, pulled, released, or held in a drawn position by any mechan-
ical device attached to a portion of the bow other than the bowstring,
or] by the use of a device commonly called a spear gun.
(5) with a [bow other than a] long bow with a draw weight [in excess]
of LESS THAN thirty-five pounds; or
(6) with an arrow OR BOLT with an arrowhead that measures less than
seven-eighths of an inch at its widest point or that has fewer than two
sharp cutting edges; or
(8) with an arrow OR BOLT with a barbed broadhead arrowhead.
(5) with a [bow other than a] long bow with a draw weight [in excess]
of LESS THAN thirty-five pounds; or
(6) with an arrow OR BOLT with an arrowhead that measures less than
seven-eighths of an inch at its widest point or that has fewer than two
sharp cutting edges; or
(8) with an arrow OR BOLT with a barbed broadhead arrowhead.
(1) such long bow OR CROSSBOW is unstrung, or such a firearm is taken
down, or securely fastened in a case, or locked in the trunk of a vehi-
cle, or
S 7. Subdivisions 11 and 16 of section 11-0901 of the environmental
conservation law are REPEALED.
S 8. Section 11-0903 of the environmental conservation law is amended
by adding a new subdivision 12 to read as follows:
12. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE, THE
DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS WHICH AUTHORIZE THE TAKING
OF WILDLIFE BY THE USE OF A CROSSBOW. A SUMMARY OF REGULATIONS ADOPTED
PURSUANT TO THIS SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING
SYLLABUS ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE.
S 9. Subdivisions 2 and 4 of section 11-0931 of the environmental
conservation law, subdivision 2 as amended by section 7 of part H of
chapter 58 of the laws of 2012, subparagraph 3 of paragraph a of subdi-
S. 6357--C 22
vision 4 as added by chapter 400 of the laws of 1973 and subparagraph 4
of paragraph a of subdivision 4 as added by chapter 67 of the laws of
1976, are amended to read as follows:
2. No CROSSBOW OR firearm except a pistol or revolver shall be carried
or possessed in or on a motor vehicle unless it is UNCOCKED, FOR A
CROSSBOW OR unloaded, FOR A FIREARM in both the chamber and the maga-
zine, except that a loaded firearm which may be legally used for taking
migratory game birds may be carried or possessed in a motorboat while
being legally used in hunting migratory game birds, and no person except
a law enforcement officer in the performance of his official duties
shall, while in or on a motor vehicle, use a jacklight, spotlight or
other artificial light upon lands inhabited by deer if he is in
possession or is accompanied by a person who is in possession, at the
time of such use, of a longbow, crossbow or a firearm of any kind except
a pistol or revolver, unless such longbow OR CROSSBOW is unstrung or
such firearm OR CROSSBOW is taken down or securely fastened in a case or
locked in the trunk of the vehicle. For purposes of this subdivision,
motor vehicle shall mean every vehicle or other device operated by any
power other than muscle power, and which shall include but not be limit-
ed to automobiles, trucks, motorcycles, tractors, trailers and motor-
boats, snowmobiles and snowtravelers, whether operated on or off public
highways. Notwithstanding the provisions of this subdivision, the
department may issue a permit to any person who is non-ambulatory,
except with the use of a mechanized aid, to possess a loaded firearm in
or on a motor vehicle as defined in this section, subject to such
restrictions as the department may deem necessary in the interest of
public safety. Nothing in this section permits the possession of a
pistol or a revolver contrary to the penal law.
4. a. No person shall:
(1) discharge a firearm, CROSSBOW or long bow in such a way as will
result in the load, BOLT or arrow thereof passing over a public highway
or any part thereof;
(2) discharge a firearm [or long bow] within five hundred feet OR A
CROSSBOW OR LONG BOW WITHIN TWO HUNDRED FIFTY FEET from a dwelling
house, farm building or farm structure actually occupied or used, school
building, school playground, or occupied PUBLIC STRUCTURE, factory or
church;
(3) use a firearm, CROSSBOW or a long bow for the hunting of migratory
game birds in Larchmont Harbor, specifically those portions bounded by
the following points of land:
BEGINNING AT A POINT KNOWN AS UMBRELLA POINT ON THE EAST SHORE OF
LARCHMONT HARBOR THEN PROCEEDING IN A NORTHERLY DIRECTION TO CEDAR
ISLAND; THENCE NORTHWESTERLY TO MONROE INLET; THENCE NORTHEASTERLY TO
DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY
DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE RUNNING THE AREA
BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE
SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS TOE SOUTHWEST AND THEN
SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
(4) Use of a firearm, CROSSBOW or a long bow for the hunting of migra-
tory game birds in Udall's Cove, specifically those portions of Little
Neck Bay within Nassau and Queens counties lying east of a line running
north from the foot of Douglaston Parkway to the shore opposite.
b. The prohibitions contained in subparagraph 2 of paragraph a above
shall not apply to:
(1) The owner or lessee of the dwelling house, or members of his imme-
diate family actually residing therein, or a person in his employ, or
S. 6357--C 23
the guest of the owner or lessee of the dwelling house acting with the
consent of said owner or lessee, provided however, that nothing herein
shall be deemed to authorize such persons to discharge a firearm [or
longbow] within five hundred feet OR A CROSSBOW OR LONG BOW WITHIN TWO
HUNDRED FIFTY FEET of any other dwelling house, or a farm building or
farm structure actually occupied or used, or a school building or play-
ground or occupied PUBLIC STRUCTURE, factory or church;
(2) Programs conducted by THE DEPARTMENT, public OR PRIVATE ELEMENTARY
OR SECONDARY schools offering instruction and training in the use of
firearms, CROSSBOW or long bow;
(3) The authorized use of a pistol, rifle or target range regularly
operated and maintained by a police department or other law enforcement
agency or by any duly organized membership corporation;
(4) The discharge of a shotgun over water by a person hunting migrato-
ry game birds if no dwelling house, FARM BUILDING OR FARM STRUCTURE
ACTUALLY OCCUPIED OR USED, SCHOOL BUILDING, SCHOOL PLAYGROUND, or OCCU-
PIED public structure, FACTORY OR CHURCH, livestock or person is situ-
ated in the line of discharge less than five hundred feet from the point
of discharge.
S 10. Paragraph c of subdivision 5 of section 11-0931 of the environ-
mental conservation law, as amended by chapter 309 of the laws of 2006,
is amended to read as follows:
c. In the Northern Zone no person, while engaged in hunting with the
aid of a dog or while afield accompanied by a dog, shall possess a rifle
larger than .22 caliber using rim-fire ammunition or possess a shotgun
loaded with a slug, ball or buckshot, OR POSSESS A CROSSBOW; but this
paragraph does not apply to persons, engaged in coyote hunts with dogs
during any open season on coyotes established pursuant to the provisions
of section 11-0903 OF THIS TITLE.
S 11. Paragraph 4 of subdivision a of section 265.20 of the penal law,
as amended by chapter 1041 of the laws of 1974, is amended to read as
follows:
4. Possession of a rifle, shotgun, CROSSBOW or longbow for use while
hunting, trapping or fishing, by a person, not a citizen of the United
States, carrying a valid license issued pursuant to section 11-0713 of
the environmental conservation law.
S 12. Section 404-s of the vehicle and traffic law, as added by chap-
ter 304 of the laws of 2001, is amended by adding three new subdivisions
3, 4 and 5 to read as follows:
3. A DISTINCTIVE PLATE ISSUED PURSUANT TO THIS SECTION TO A PERSON WHO
PURCHASES A LIFETIME LICENSE PURSUANT TO SECTION 11-0702 OF THE ENVIRON-
MENTAL CONSERVATION LAW BETWEEN JANUARY FIRST, TWO THOUSAND FOURTEEN AND
DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN SHALL BE ISSUED IN THE SAME
MANNER AS OTHER NUMBER PLATES, HOWEVER, SUCH LIFETIME LICENSE HOLDER
SHALL BE EXEMPT FROM THE PAYMENT OF FEES OTHERWISE REQUIRED TO BE PAID
PURSUANT TO PARAGRAPHS A AND B OF SUBDIVISION THREE OF SECTION FOUR
HUNDRED ONE OF THIS ARTICLE AND THE ANNUAL SERVICE CHARGE REQUIRED BY
SUBDIVISION TWO OF THIS SECTION FOR THE INITIAL ISSUANCE OF SUCH LICENSE
PLATE AND FOR THE NEXT ENSUING REGISTRATION RENEWAL.
4. A PERSON WHO POSSESSES A LIFETIME LICENSE PURSUANT TO SECTION
11-0702 OF THE ENVIRONMENTAL CONSERVATION LAW OR A THREE OR FIVE YEAR
VEHICLE ACCESS PASS PURSUANT TO ARTICLE THIRTEEN OF THE PARKS, RECRE-
ATION AND HISTORIC PRESERVATION LAW SHALL, ON REQUEST BETWEEN APRIL
FIRST, TWO THOUSAND FOURTEEN AND MARCH THIRTY-FIRST, TWO THOUSAND
FIFTEEN, BE ISSUED A DISTINCTIVE PLATE PURSUANT TO THIS SECTION IN THE
SAME MANNER AS OTHER NUMBER PLATES UPON PAYMENT OF A TWENTY-FIVE DOLLAR
S. 6357--C 24
REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF THIS CHAPTER
FOR THE INITIAL LICENSE PLATE AND SHALL BE EXEMPT FROM THE PAYMENT OF
FEES OTHERWISE REQUIRED TO BE PAID PURSUANT TO PARAGRAPH B OF SUBDIVI-
SION THREE OF SECTION FOUR HUNDRED ONE OF THIS ARTICLE AND THE ANNUAL
SERVICE CHARGE REQUIRED BY SUBDIVISION TWO OF THIS SECTION FOR THE
INITIAL ISSUANCE OF SUCH LICENSE PLATE AND FOR THE NEXT ENSUING REGIS-
TRATION RENEWAL.
5. ANY NEW YORK RESIDENT WHO POSSESSES A HUNTING, FISHING OR TRAPPING
LICENSE ISSUED PURSUANT TO TITLE SEVEN OF ARTICLE ELEVEN OF THE ENVIRON-
MENTAL CONSERVATION LAW OR AN ANNUAL VEHICLE ACCESS PASS, ALSO KNOWN AS
AN EMPIRE PASSPORT, PURSUANT TO ARTICLE THIRTEEN OF THE PARKS, RECRE-
ATION AND HISTORIC PRESERVATION LAW MAY PURCHASE THE LICENSE PLATE
AVAILABLE TO A PERSON WHO PURCHASES A LIFETIME LICENSE UPON PAYMENT OF
THE REGULAR REGISTRATION FEE PRESCRIBED BY SECTION FOUR HUNDRED ONE OF
THIS ARTICLE.
S 13. This act shall take effect April 1, 2014, provided, however that
section twelve of this act shall be deemed to have been in effect on and
after January 1, 2014.
PART J
Section 1. Subdivisions 6, 7 and 8 of section 251-z-5 of the agricul-
ture and markets law, subdivisions 6 and 7 as added by chapter 863 of
the laws of 1972 and subdivision 8 as added by chapter 665 of the laws
of 2005, are amended and a new subdivision 9 is added to read as
follows:
(6) The applicant or licensee, or an officer, director, partner, hold-
er of ten per cent of the voting stock, or any other person exercising
any position of management or control has failed to comply with any of
the provisions of this chapter or rules and regulations promulgated
pursuant thereto; [or]
(7) Any person including the applicant or licensee, or an officer,
director, partner or any stockholder, exercising any position of manage-
ment or control has been convicted of a felony in any court of the
United States or any state or territory[.];
(8) A retail food store licensed under this article fails to comply
with the education requirements set forth in section two hundred fifty-
one-z-twelve of this article[.]; OR
(9) THE APPLICANT OR LICENSEE HAS FAILED TO PAY ANY PENALTY IMPOSED
FOR OR JUDGMENT BASED UPON A VIOLATION OF THE PROVISIONS OF THIS ARTICLE
OR RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, WHICH OUTSTANDING
PENALTY OR PENALTIES AND/OR JUDGMENT OR JUDGMENTS EQUAL OR EXCEED TWO
THOUSAND FOUR HUNDRED DOLLARS. NOTWITHSTANDING, AND IN ADDITION TO THE
POWERS CONFERRED IN THIS SECTION, WHEN THE COMMISSIONER FINDS THAT AN
APPLICANT OR LICENSEE HAS FAILED TO PAY ANY PENALTY IMPOSED OR JUDGMENT
OBTAINED, WHICH OUTSTANDING PENALTY OR PENALTIES AND/OR JUDGMENT OR
JUDGMENTS EQUAL OR EXCEED TWO THOUSAND FOUR HUNDRED DOLLARS, THE COMMIS-
SIONER MAY DECLINE TO ISSUE OR RENEW A LICENSE, AND, IN LIEU THEREOF,
SHALL GRANT A PROVISIONAL LICENSE.
(A) A PROVISIONAL LICENSE SHALL EXPIRE SIXTY DAYS FOLLOWING ITS ISSU-
ANCE, UNLESS: (I) PRIOR TO ITS EXPIRATION, THE APPLICANT OR LICENSEE
PAYS OR ENTERS INTO AN AGREEMENT WITH THE DEPARTMENT TO PAY ALL SAID
AMOUNTS DUE, AT WHICH POINT THE PROVISIONAL LICENSE SHALL CONVERT TO A
TWO-YEAR LICENSE, COMMENCING AS OF THE DATE OF ISSUANCE OF THE PROVI-
SIONAL LICENSE; OR (II) WITHIN THIRTY DAYS OF ITS ISSUANCE, THE APPLI-
S. 6357--C 25
CANT OR LICENSEE REQUESTS A HEARING, PURSUANT TO RULES AND REGULATIONS
THAT THE DEPARTMENT SHALL PROMULGATE.
(B) WHERE A HEARING IS REQUESTED, THE PROVISIONAL LICENSE SHALL
CONTINUE IN FORCE UNTIL THE DETERMINATION OF SAID HEARING. SHOULD THE
APPLICANT PREVAIL, THE PROVISIONAL LICENSE SHALL CONVERT INTO A TWO-YEAR
LICENSE, RUNNING FROM THE DATE OF THE ISSUANCE OF THE PROVISIONAL
LICENSE. SHOULD THE DEPARTMENT PREVAIL, THE PROVISIONAL LICENSE SHALL
TERMINATE AND NO LICENSE SHALL ISSUE.
S 2. This act shall take effect immediately.
PART K
Intentionally Omitted
PART L
Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the New York state
energy research and development authority.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014.
PART M
Intentionally Omitted
PART N
Section 1. Section 2 of 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,
as amended by section 1 of part P of chapter 58 of the laws of 2013, is
amended to read as follows:
S 2. This act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full force and
effect on and after April 1, 2003 and shall expire March 31, [2014]
2015.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2014.
PART O
Section 1. Paragraph (g) of section 104 of the business corporation
law, as amended by chapter 375 of the laws of 1998, is amended to read
as follows:
(g) The department shall make, certify and transmit ELECTRONICALLY a
copy of each such instrument to the clerk of the county in which the
office of the domestic or foreign corporation is or is to be located.
The county clerk shall file and index such copy.
S 2. Paragraph (g) of section 104 of the not-for-profit corporation
law, as amended by chapter 375 of the laws of 1998, is amended to read
as follows:
(g) The department shall make, certify and transmit ELECTRONICALLY a
copy of each such instrument to the clerk of the county in which the
S. 6357--C 26
office of the domestic or foreign corporation is or is to be located.
The county clerk shall file and index such copy.
S 3. This act shall take effect immediately.
PART P
Section 1. Subdivision 2 of section 160-f of the executive law, as
amended by chapter 397 of the laws of 1991, is amended to read as
follows:
2. Notwithstanding any other law, the department may transmit an annu-
al registry fee [of not more than twenty-five dollars] AS SET BY THE
FEDERAL APPRAISAL SUBCOMMITTEE IN ACCORDANCE WITH 12 U.S.C. 3338
(A)(4)(A) from such individuals who perform or seek to perform
appraisals in federally related transactions and to transmit a roster of
such individuals to the Appraisal Subcommittee of the Federal Financial
Institutions Examination Council as required by Title XI of the Finan-
cial Institutions Reform, Recovery, and Enforcement Act of 1989.
S 2. This act shall take effect immediately.
PART Q
Section 1. Notwithstanding any other law, rule or regulation to the
contrary, expenses of the department of health public service education
program incurred pursuant to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014.
PART R
Section 1. Section 5 of the public service law is amended by adding a
new subdivision 7 to read as follows:
7. (A) THE COMMISSION MAY, AFTER NOTICE AND HEARING, FORBEAR FROM
APPLYING THE PROVISIONS OF SUBDIVISION TWO OF SECTION NINETY-ONE AND
SECTION NINETY-TWO, NINETY-NINE, ONE HUNDRED, ONE HUNDRED ONE OR ONE
HUNDRED ONE-A OF THIS CHAPTER TO A TELEPHONE CORPORATION, TELEPHONE
SERVICE, OR CLASS OF TELEPHONE CORPORATIONS OR TELEPHONE SERVICES AS
DEFINED IN COMMISSION REGULATIONS, IN ANY GEOGRAPHIC MARKET UPON A
DETERMINATION THAT:
(I) APPLICATION OF A PROVISION IS NOT NECESSARY TO ENSURE JUST AND
REASONABLE RATES AND CHARGES AND RATES THAT ARE NOT UNJUSTLY OR UNREA-
SONABLY DISCRIMINATORY;
(II) APPLICATION OF A PROVISION IS NOT NECESSARY FOR PROTECTION OF
CONSUMERS; AND
(III) FORBEARANCE FROM APPLYING A PROVISION IS CONSISTENT WITH THE
PUBLIC INTEREST, INCLUDING, BUT NOT LIMITED TO, PROMOTION OF COMPETITIVE
MARKET CONDITIONS AND COMPETITION AMONG PROVIDERS OF TELEPHONE SERVICES.
(B) ANY TELEPHONE CORPORATION OR SUCH CLASS OF TELEPHONE CORPORATIONS
MAY PETITION THE COMMISSION FOR EXERCISE OF THE AUTHORITY GRANTED UNDER
THIS SUBDIVISION.
S 2. Paragraph (d) of subdivision 5 of section 52 of the public
service law, as added by chapter 186 of the laws of 1995, is amended to
read as follows:
(d) when such determination follows a customer complaint regarding a
shared meter condition or a utility discovery of a shared meter condi-
S. 6357--C 27
tion that is not in response to an owner's request for a utility
inspection for a shared meter condition, with respect to utility service
billed after December first, nineteen hundred ninety-six, the utility
shall comply with the provisions of paragraphs (a), (b) and (c) of this
subdivision, and further bill the owner and refund to the shared meter
customer an estimated amount of THE charges for [twelve months] TWENTY-
FIVE PERCENT of all service measured by the shared meter FOR TWELVE
MONTHS; provided, however, that this paragraph shall not apply to a
shared meter condition if service measured through the shared meter is
minimal under commission rules adopted pursuant to subdivision eight of
this section[. An owner so billed] OR IN THE EVENT AN OWNER, PURSUANT TO
SUBPARAGRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, IS
EXCUSED FROM CORRECTING THE SHARED METER CONDITION BY A LEGAL PROHIBI-
TION OR EXORBITANT COST AS DEFINED BY COMMISSION RULES ADOPTED PURSUANT
TO SUBDIVISION EIGHT OF THIS SECTION. A SHARED METER CUSTOMER may peti-
tion the commission or its designee for a determination that the amount
of such [bill is excessive] ASSESSMENT IS UNSATISFACTORY and that such
bill and refund be adjusted [accordingly]; provided, however, [neither
the adjusted bill nor] THAT the adjusted refund shall [be less than
twenty-five percent of] NOT EXCEED the total amount of the original
bill. [The commission is authorized to make such a determination and
adjustment if it finds that a bill and refund of twelve months' charges
is unduly burdensome and unfair.] In making such determination the
commission or its designee shall consider the total amount of the bill
and refund in relation to the shared area charges over such twelve month
period and any other equitable factors established by the commission;
and
S 3. Section 221 of the public service law, as added by chapter 83 of
the laws of 1995, is amended to read as follows:
S 221. Certificate of confirmation. 1. Except as provided in this
section, no person shall exercise a franchise, and no such franchise
shall be effective, [until the commission has confirmed such franchise.
A person wishing to exercise a franchise shall file with the commission
an application for a certificate of confirmation in such form and
containing such information and supportive documentation as the commis-
sion may require. The application shall be accompanied by proof of
service thereof upon the franchisor and by such fee as the commission
may set] UNLESS A COPY OF SUCH FRANCHISE HAS BEEN APPROVED BY THE MUNI-
CIPALITY, AND PROPERLY FILED WITH THE COMMISSION WITHIN THIRTY DAYS OF
MUNICIPAL APPROVAL. SUCH FRANCHISE SHALL BE SUBJECT, AT A MINIMUM, TO
THE FRANCHISING STANDARDS SET FORTH IN THIS ARTICLE AND THE RULES AND
REGULATIONS PROMULGATED THEREUNDER BY THE COMMISSION.
2. A FRANCHISE SHALL BE DEEMED GRANTED FORTY-FIVE DAYS AFTER THE FRAN-
CHISE IS FILED PURSUANT TO SUBDIVISION ONE OF THIS SECTION UNLESS THE
COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERI-
OD THAT THE PUBLIC INTEREST REQUIRES THE COMMISSION'S REVIEW AND WRITTEN
ORDER.
[2.] 3. The commission may hold a public hearing on any application
for a certificate of confirmation if it determines that such a hearing
is in the public interest. The commission shall fix the time and place
for such a hearing and cause notice thereof to be given to the appli-
cant, the chief executive officer of the municipality issuing the fran-
chise and such other persons as the commission may deem appropriate.
Testimony may be taken and evidence received at such a hearing pursuant
to such rules and procedures as the commission may establish.
S. 6357--C 28
[3.] 4. [The commission shall issue a] A certificate of confirmation
of the franchise [unless it finds that (a) the applicant, (b) the
proposed cable television system, or (c) the proposed franchise does not
conform to the standards established in the regulations promulgated by
the commission pursuant to subdivision two of section two hundred
fifteen, or that operation of the proposed cable television system by
the applicant under the proposed cable television system by the appli-
cant under the proposed franchise would be in violation of law, any
regulation or standard promulgated by the commission or the public
interest.] SHALL BE DEEMED CONFIRMED FORTY-FIVE DAYS AFTER THE FRANCHISE
IS FILED PURSUANT TO SUBDIVISION ONE OF THIS SECTION UNLESS THE COMMIS-
SION, OR ITS DESIGNEE, DETERMINES WITHIN SUCH FORTY-FIVE DAY PERIOD THAT
THE PUBLIC INTEREST REQUIRES THE COMMISSION'S REVIEW AND WRITTEN ORDER.
[4.] 5. The commission may issue a certificate of confirmation contin-
gent upon compliance with standards, terms or conditions set by the
commission which it determines would not have been met by the applicant,
system or franchise as proposed.
[5.] 6. In the event the commission refuses to issue a certificate of
confirmation, it shall set forth in writing the reasons for its deci-
sion.
[6. Any cable television company which, pursuant to any existing fran-
chise, (i) was lawfully engaged in actual operations for (ii) had
commenced substantial construction (as such term is defined by the
commission) of a cable television system on January first, nineteen
hundred seventy-two may continue to exercise said franchise pursuant to
the terms thereof, provided such company files with the commission, on
or before July first, nineteen hundred seventy-three an application in
such form and containing such information and supporting documentation
as the commission may require. The commission shall issue a certificate
of confirmation to such a cable television company valid for five years
without further proceedings, which certificate may be renewed by the
commission on application for five year terms pursuant to the provisions
of section two hundred twenty-two.
7. Notwithstanding any other provisions of this article, any cable
television company engaged in actual and lawful nonfranchised cable
television operations on April first, nineteen hundred seventy-three,
that applied for a certificate of confirmation on or before September
first, nineteen hundred seventy-four and received a certificate, valid
for a five year period, may continue to operate within the limits of the
area in which it was actually rendering service on April first, nineteen
hundred seventy-three, as determined by the commission. Such a certif-
icate of confirmation may be renewed by the commission on application
for five year terms pursuant to the provisions of section two hundred
twenty-two of this article. Any such company which failed to file an
application pursuant to this section on or before September first, nine-
teen hundred seventy-four, shall thereafter be prohibited from continu-
ing operation of a nonfranchised cable television system, provided
however, that the commission may authorize such continued nonfranchised
operation in extraordinary circumstances for such periods as the commis-
sion may deem appropriate.
8. Nothing in this section shall be deemed to validate a franchise not
granted in accordance with law or affect any claims in litigation on
January first, nineteen hundred seventy-three. No confirmation under
this section shall preclude invalidation of any franchise illegally
obtained.
S. 6357--C 29
9.] 7. Confirmation by the commission and duties performed by the
commission with respect to its regulation of cable television providers
under this article shall not be deemed to constitute "supervision of the
state department of public service" for the purpose of the meaning of
such phrase as it is used in describing those utilities which are
subject to tax on a gross income basis under section one hundred eight-
y-six-a of the tax law or pursuant to section twenty-b of the general
city law and subdivision one of section [five hundred thirty] 5-530 of
the village law.
S 4. Section 222 of the public service law is REPEALED and a new
section 222 is added to read as follows:
S 222. RENEWAL OR AMENDMENT OF FRANCHISES. 1. EXCEPT AS PROVIDED IN
THIS SECTION, NO PERSON SHALL RENEW OR AMEND A FRANCHISE RENEWAL, AND NO
SUCH RENEWAL OR AMENDMENT SHALL BE EFFECTIVE, UNLESS A COPY OF SUCH
RENEWAL OR AMENDMENT HAS BEEN APPROVED BY THE MUNICIPALITY, AND PROPERLY
FILED WITH THE COMMISSION WITHIN THIRTY DAYS OF MUNICIPAL APPROVAL. SUCH
RENEWAL OR AMENDMENT SHALL BE SUBJECT, AT A MINIMUM, TO THE FRANCHISING
STANDARDS SET FORTH IN THIS ARTICLE AND THE RULES AND REGULATIONS
PROMULGATED THEREUNDER BY THE COMMISSION.
2. RENEWALS AND AMENDMENTS SHALL BE DEEMED GRANTED FORTY-FIVE DAYS
AFTER THE RENEWAL OR AMENDMENT IS FILED PURSUANT TO SUBDIVISION ONE OF
THIS SECTION UNLESS THE COMMISSION, OR ITS DESIGNEE, DETERMINES WITHIN
SUCH FORTY-FIVE DAY PERIOD THAT THE PUBLIC INTEREST REQUIRES THE COMMIS-
SION'S REVIEW AND WRITTEN ORDER.
S 5. The public service law is amended by adding a new section 222-a
to read as follows:
S 222-A. TRANSFER OF FRANCHISES AND TRANSFER OF CONTROL OVER FRAN-
CHISES AND SYSTEM PROPERTIES. 1. NO TRANSFER OF ANY FRANCHISE, OR ANY
TRANSFER OF CONTROL OF A FRANCHISE OR CERTIFICATE OF CONFIRMATION OR OF
FACILITIES CONSTITUTING A SIGNIFICANT PART OF ANY CABLE TELEVISION
SYSTEM SHALL BE EFFECTIVE WITHOUT THE PRIOR APPROVAL OF THE COMMISSION.
SUCH APPROVAL SHALL BE REQUIRED IN ADDITION TO ANY MUNICIPAL APPROVAL
REQUIRED UNDER THE FRANCHISE OR BY LAW. FOR THE PURPOSES OF THIS
SECTION, A MERGER OR CONSOLIDATION OF TWO OR MORE CABLE TELEVISION
COMPANIES SHALL BE DEEMED TO BE A TRANSFER OF THE FRANCHISES OR CERTIF-
ICATES GRANTED TO SUCH COMPANIES.
2. A PERSON WISHING TO TRANSFER A FRANCHISE, OR TO TRANSFER CONTROL OF
A FRANCHISE OR OF A SUBSTANTIAL PART OF THE FACILITIES THEREOF SHALL
FILE WITH THE COMMISSION AN APPLICATION FOR APPROVAL OF SUCH CHANGE, IN
SUCH FORM AND CONTAINING SUCH INFORMATION AND SUPPORTING DOCUMENTS AS
THE COMMISSION MAY REQUIRE. THE APPLICATION SHALL BE ACCOMPANIED BY
PROOF OF SERVICE THEREOF UPON THE FRANCHISOR, IF ANY, AND BY SUCH FEE AS
THE COMMISSION MAY SET. THE COMMISSION MAY HOLD A PUBLIC HEARING ON ANY
SUCH APPLICATION.
3. THE COMMISSION SHALL APPROVE THE APPLICATION UNLESS IT FINDS THAT
THE APPLICANT, THE PROPOSED TRANSFEREE OR THE CABLE TELEVISION SYSTEM
DOES NOT CONFORM TO THE STANDARDS ESTABLISHED IN THE REGULATIONS PROMUL-
GATED BY THE COMMISSION PURSUANT TO THIS ARTICLE OR THAT APPROVAL WOULD
BE IN VIOLATION OF LAW, ANY REGULATION OR STANDARD PROMULGATED BY THE
COMMISSION OR THE PUBLIC INTEREST, PROVIDED HOWEVER, THAT A FAILURE TO
CONFORM TO THE STANDARDS ESTABLISHED IN THE REGULATIONS PROMULGATED BY
THE COMMISSION SHALL NOT PRECLUDE APPROVAL OF ANY SUCH APPLICATION IF
THE COMMISSION FINDS THAT SUCH APPROVAL WOULD SERVE THE PUBLIC INTEREST.
4. THE COMMISSION MAY APPROVE THE APPLICATION CONTINGENT UPON COMPLI-
ANCE WITH STANDARDS, TERMS OR CONDITIONS SET BY THE COMMISSION WHICH IT
S. 6357--C 30
DETERMINES WOULD NOT HAVE BEEN MET BY THE PROPOSED TRANSFER OF A FRAN-
CHISE.
5. IN THE EVENT THE COMMISSION REFUSES TO APPROVE THE APPLICATION, IT
SHALL SET FORTH IN WRITING THE REASONS FOR ITS DECISION.
6. APPROVAL OF A TRANSFER OF A FRANCHISE UNDER THIS SECTION SHALL NOT
PRECLUDE INVALIDATION OF A FRANCHISE ILLEGALLY OBTAINED.
S 6. This act shall take effect immediately; provided, however, that
sections three, four and five of this act shall apply to franchises
filed on or after the date this act shall have become a law.
PART S
Section 1. Paragraphs (a) and (b) of subdivision 6 of section 18-a of
the public service law, paragraph (a) as amended by section 1 of part BB
of chapter 59 of the laws of 2013 and paragraph (b) as amended by
section 2 of part A of chapter 173 of the laws of 2013, are amended to
read as follows:
(a) Notwithstanding any provision of law to the contrary, and subject
to the exceptions provided for in paragraph (b) of this subdivision, for
the state fiscal year beginning on April first, two thousand nine and
eight state fiscal years thereafter, a temporary annual assessment
(hereinafter "temporary state energy and utility service conservation
assessment") is hereby imposed on public utility companies [(including
for the purposes of this subdivision municipalities other than munici-
palities as defined in section eighty-nine-l of this chapter)], corpo-
rations (including for purposes of this subdivision the Long Island
power authority), and persons subject to the commission's regulation
(hereinafter such public utility companies, corporations, and persons
are referred to collectively as the "utility entities") to encourage the
conservation of energy and other resources provided through utility
entities, to be assessed in the manner provided in this subdivision;
provided, however, that such assessment shall not be imposed upon (1) A
telephone [corporations as defined in subdivision seventeen of section
two of this article] CORPORATION, AND (2) A WATER-WORKS CORPORATION; AND
PROVIDED, FURTHER, THAT SUCH ASSESSMENT SHALL NOT BE IMPOSED UPON THE
GROSS OPERATING REVENUES DERIVED FROM: (I) AN ELECTRIC CUSTOMER ACCOUNT
WITH A MONTHLY PEAK DEMAND OF ONE THOUSAND KILOWATTS OR MORE IN THE LAST
PRECEDING CALENDAR YEAR AS DETERMINED PURSUANT TO THE UTILITY ENTITY'S
TARIFF, AND (II) A GAS CUSTOMER ACCOUNT WITH AN ANNUAL CONSUMPTION IN
THE LAST PRECEDING CALENDAR YEAR OF ONE HUNDRED THOUSAND DEKATHERMS OR
MORE AS DETERMINED PURSUANT TO THE UTILITY ENTITY'S TARIFF.
(b) The temporary state energy and utility service conservation
assessment shall APPLY ONLY TO THOSE CORPORATIONS AND GROSS OPERATING
REVENUES NOT EXEMPTED IN PARAGRAPH (A) OF THIS SUBDIVISION AND SHALL be
based upon the following percentum of the utility entity's gross operat-
ing revenues derived from intrastate utility operations in the last
preceding calendar year, minus the amount, if any, that such utility
entity is assessed pursuant to subdivisions one and two of this section
for the corresponding state fiscal year period: (1) two percentum for
the state fiscal year beginning April first, two thousand thirteen
[and]; (2) 1.89 PERCENTUM FOR the state fiscal year beginning April
first, two thousand fourteen; [(2) one and three-quarters] (3) 1.13
percentum for the state fiscal year beginning April first, two thousand
fifteen; and [(3) one and one-half] (4) 0.83 percentum for the state
fiscal year beginning April first, two thousand sixteen. A PAYMENT FOR
SUCH ASSESSMENT RECEIVED BY A UTILITY ENTITY FOR THE STATE FISCAL YEAR
S. 6357--C 31
BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN AND THEREAFTER FOR (I)
ELECTRIC CUSTOMER ACCOUNTS WITH A MONTHLY PEAK DEMAND OF ONE THOUSAND
KILOWATTS OR MORE IN THE LAST PRECEDING CALENDAR YEAR AS DETERMINED
PURSUANT TO THE UTILITY ENTITY'S TARIFF, AND (II) GAS CUSTOMER ACCOUNTS
WITH AN ANNUAL CONSUMPTION IN THE LAST PRECEDING CALENDAR YEAR OF ONE
HUNDRED THOUSAND DEKATHERMS OR MORE AS DETERMINED PURSUANT TO THE UTILI-
TY ENTITY'S TARIFF, SHALL BE CREDITED TO SUCH CUSTOMER BY THE UTILITY
ENTITY, NO LESS FREQUENTLY THAN SEMI-ANNUALLY AND IN SUCH MANNER AND
FORM AS MAY BE DETERMINED BY THE DEPARTMENT. With respect to the tempo-
rary state energy and utility service conservation assessment to be paid
for the state fiscal year beginning April first, two thousand seventeen
and notwithstanding clause (i) of paragraph (d) of this subdivision, on
or before March tenth, two thousand seventeen, utility entities shall
make a payment equal to one-half of the assessment paid by such entities
pursuant to this paragraph for the state fiscal year beginning on April
first, two thousand sixteen; PROVIDED, FURTHER THAT SUCH ASSESSMENT FOR
STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND SEVENTEEN SHALL
NOT BE REFLECTED IN A CUSTOMER'S RATE AFTER SEPTEMBER THIRTIETH, TWO
THOUSAND SEVENTEEN. With respect to the Long Island power authority,
the temporary state energy and utility service conservation assessment
shall APPLY ONLY TO THE GROSS OPERATING REVENUES NOT EXEMPTED IN PARA-
GRAPH (A) OF THIS SUBDIVISION AND SHALL be based upon the following
percentum of such authority's gross operating revenues derived from
intrastate utility operations in the last preceding calendar year, minus
the amount, if any, that such authority is assessed pursuant to subdivi-
sions one-a and two of this section for the corresponding state fiscal
year period: (1) one percentum for the state fiscal year beginning April
first, two thousand thirteen [and]; (2) 0.95 PERCENTUM FOR the state
fiscal year beginning April first, two thousand fourteen; [(2) three-
quarters of one] (3) 0.51 percentum for the state fiscal year beginning
April first, two thousand fifteen; and [(3) one-half] (4) 0.36 percentum
for the state fiscal year beginning April first, two thousand sixteen;
provided, however, that should the amount assessed by the department for
costs and expenses pursuant to such subdivisions equal or exceed such
authority's temporary state energy and utility service conservation
assessment for a particular fiscal year, the amount to be paid under
this subdivision by such authority shall be zero. A PAYMENT FOR SUCH
ASSESSMENT RECEIVED FOR THE STATE FISCAL YEAR BEGINNING APRIL FIRST, TWO
THOUSAND FOURTEEN AND THEREAFTER FOR ELECTRIC CUSTOMER ACCOUNTS WITH A
MONTHLY PEAK DEMAND OF ONE THOUSAND KILOWATTS OR MORE IN THE LAST
PRECEDING CALENDAR YEAR AS DETERMINED BY THE AUTHORITY'S TARIFF SHALL BE
CREDITED TO SUCH CUSTOMER BY THE AUTHORITY, NO LESS FREQUENTLY THAN
SEMI-ANNUALLY AND IN SUCH MANNER AND FORM AS MAY BE DETERMINED BY THE
AUTHORITY, IN CONSULTATION WITH THE DEPARTMENT. With respect to the
temporary state energy and utility service conservation assessment to be
paid for the state fiscal year beginning April first, two thousand
seventeen and notwithstanding clause (i) of paragraph (d) of this subdi-
vision, on or before March tenth, two thousand seventeen, the Long
Island power authority shall make a payment equal to one-half of the
assessment it paid for the state fiscal year beginning on April first,
two thousand sixteen; PROVIDED, FURTHER THAT SUCH ASSESSMENT FOR STATE
FISCAL YEAR BEGINNING APRIL FIRST, TWO THOUSAND SEVENTEEN SHALL NOT BE
REFLECTED IN A CUSTOMER'S RATE AFTER SEPTEMBER THIRTIETH, TWO THOUSAND
SEVENTEEN. No corporation or person subject to the jurisdiction of the
commission only with respect to safety, or the power authority of the
state of New York, shall be subject to the temporary state energy and
S. 6357--C 32
utility service conservation assessment provided for under this subdivi-
sion. Utility entities whose gross operating revenues from intrastate
utility operations are five hundred thousand dollars or less in the
preceding calendar year shall not be subject to the temporary state
energy and utility service conservation assessment. The minimum tempo-
rary state energy and utility service conservation assessment to be
billed to any utility entity whose gross revenues from intrastate utili-
ty operations are in excess of five hundred thousand dollars in the
preceding calendar year shall be two hundred dollars.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014; provided,
however, that the amendments to subdivision 6 of section 18-a of the
public service law made by section one of this act shall not affect the
repeal of such subdivision and shall be deemed to be repealed therewith.
PART T
Section 1. The opening paragraph of section 5102 of the insurance law
is amended and a new subsection (n) is added to read as follows:
In this [chapter] ARTICLE:
(N) "PROVIDER OF HEALTH SERVICES" MEANS AN INDIVIDUAL OR ENTITY WHO OR
THAT RENDERS OR HAS RENDERED HEALTH SERVICES.
S 2. Section 5109 of the insurance law, as added by chapter 423 of the
laws of 2005, is amended to read as follows:
S 5109. Unauthorized providers of health services. (a) [The super-
intendent, in consultation with the commissioner of health and the
commissioner of education, shall by regulation, promulgate standards and
procedures for investigating and suspending or removing the authori-
zation for providers of health services to demand or request payment for
health services as specified in paragraph one of subsection (a) of
section five thousand one hundred two of this article upon findings
reached after investigation pursuant to this section. Such regulations
shall ensure the same or greater due process provisions, including
notice and opportunity to be heard, as those afforded physicians inves-
tigated under article two of the workers' compensation law and shall
include provision for notice to all providers of health services of the
provisions of this section and regulations promulgated thereunder at
least ninety days in advance of the effective date of such regulations]
AS USED IN THIS SECTION, "HEALTH SERVICES" MEANS SERVICES, SUPPLIES,
THERAPIES, OR OTHER TREATMENTS AS SPECIFIED IN SUBPARAGRAPH (I), (II),
OR (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION FIVE THOUSAND ONE
HUNDRED TWO OF THIS ARTICLE.
(b) [The commissioner of health and the commissioner of education
shall provide a list of the names of all providers of health services
who the commissioner of health and the commissioner of education shall
deem, after reasonable investigation, not authorized to demand or
request any payment for medical services in connection with any claim
under this article because such] THE SUPERINTENDENT MAY PROHIBIT A
provider of health services FROM DEMANDING OR REQUESTING PAYMENT FOR
HEALTH SERVICES RENDERED UNDER THIS ARTICLE, FOR A PERIOD SPECIFIED BY
THE SUPERINTENDENT, IF THE SUPERINTENDENT DETERMINES, AFTER NOTICE AND
HEARING, THAT THE PROVIDER OF HEALTH SERVICES:
(1) has ADMITTED TO, OR been FOUND guilty of, professional [or other]
misconduct [or incompetency], AS DEFINED IN THE EDUCATION LAW, in
connection with [medical] HEALTH services rendered under this article;
[or]
S. 6357--C 33
(2) [has exceeded the limits of his or her professional competence in
rendering medical care under this article or] has knowingly made a false
statement or representation as to a material fact in any medical report
made, OR DOCUMENT SUBMITTED, in connection with any claim under this
article; or
(3) solicited, or [has] employed another PERSON to solicit for
[himself or herself] THE PROVIDER OF HEALTH SERVICES or [for] another
INDIVIDUAL OR ENTITY, professional treatment, examination or care of [an
injured] A person in connection with any claim under this article; [or]
(4) [has] refused to appear before, or [to] answer ANY RELEVANT QUES-
TION upon request of, the [commissioner of health, the] superinten-
dent[,] or any duly authorized officer of [the] THIS state, [any legal
question,] or REFUSED to produce any relevant information concerning
[his or her] THE conduct OF THE PROVIDER OF HEALTH SERVICES in
connection with [rendering medical] HEALTH services RENDERED under this
article; [or]
(5) [has] engaged in [patterns] A PATTERN of billing for:
(A) HEALTH services [which] ALLEGED TO HAVE BEEN RENDERED UNDER THIS
ARTICLE, WHEN THE HEALTH SERVICES were not [provided.] RENDERED; OR
(B) CONSISTENTLY AND REGULARLY DELIVERED UNNECESSARY HEALTH SERVICES
WITHOUT REASONABLE MEDICAL JUSTIFICATION AS DETERMINED BY THE SUPER-
INTENDENT IN CONSULTATION WITH A PROVIDER OF HEALTH SERVICES OF SIMILAR
LICENSURE AND BOARD CERTIFICATION TAKING INTO CONSIDERATION THE OVERALL
HEALTH OF THE PATIENT AND ISSUES OF PALLIATIVE CARE;
(6) UTILIZED UNLICENSED PERSONS TO RENDER HEALTH SERVICES UNDER THIS
ARTICLE, WHEN ONLY A PERSON LICENSED IN THIS STATE MAY RENDER THE HEALTH
SERVICES;
(7) UTILIZED LICENSED PERSONS TO RENDER HEALTH SERVICES, WHEN RENDER-
ING THE HEALTH SERVICES IS BEYOND THE AUTHORIZED SCOPE OF THE PERSON'S
LICENSE;
(8) DIRECTLY OR INDIRECTLY CEDED OWNERSHIP OR CONTROL OF A BUSINESS
ENTITY AUTHORIZED TO PROVIDE PROFESSIONAL HEALTH SERVICES IN THIS STATE,
INCLUDING A PROFESSIONAL SERVICE CORPORATION, PROFESSIONAL LIMITED
LIABILITY COMPANY, OR REGISTERED LIMITED LIABILITY PARTNERSHIP, TO A
PERSON NOT LICENSED TO RENDER THE HEALTH SERVICES WHICH THE ENTITY IS
LEGALLY AUTHORIZED TO PROVIDE, EXCEPT WHERE THE UNLICENSED PERSON'S
OWNERSHIP OR CONTROL IS OTHERWISE PERMITTED BY LAW;
(9) HAS BEEN CONVICTED OF OR PLED GUILTY TO ANY CRIME OR VIOLATION OF
THE PENAL LAW IN CONNECTION WITH HEALTH SERVICES RENDERED UNDER THIS
ARTICLE;
(10) HAS BEEN CONVICTED OF A CRIME INVOLVING FRAUDULENT OR DISHONEST
PRACTICES; OR
(11) VIOLATED ANY PROVISION OF THIS ARTICLE OR REGULATIONS PROMULGATED
THEREUNDER.
(c) [Providers] A PROVIDER of health services shall [refrain from
subsequently treating for remuneration, as a private patient, any person
seeking medical treatment] NOT DEMAND OR REQUEST PAYMENT FROM THE
PATIENT, ANY INSURER, OR ANY OTHER PERSON FOR ANY HEALTH SERVICES under
this article [if such provider pursuant to this section has been prohib-
ited from demanding or requesting any payment for medical services under
this article. An injured claimant so treated or examined may raise this
as] THAT ARE RENDERED DURING THE TERM OF THE PROHIBITION ORDERED BY THE
SUPERINTENDENT PURSUANT TO SUBSECTION (B) OF THIS SECTION. THE PROHIBI-
TION ORDERED BY THE SUPERINTENDENT MAY BE a defense in any action by
[such] THE provider OF HEALTH SERVICES for payment for [treatment
rendered at any time after such provider has been prohibited from
S. 6357--C 34
demanding or requesting payment for medical services in connection with
any claim under this article] SUCH HEALTH SERVICES.
(d) The [commissioner of health and the commissioner of education]
SUPERINTENDENT shall maintain [and regularly update] a database contain-
ing a list of providers of health services prohibited by this section
from demanding or requesting any payment for health services [connected
to a claim] RENDERED under this article and shall make [such] THE infor-
mation available to the public [by means of a website and by a toll free
number].
(e) THE SUPERINTENDENT MAY LEVY A CIVIL PENALTY NOT EXCEEDING TEN
THOUSAND DOLLARS FOR EACH OFFENSE ON ANY PROVIDER OF HEALTH SERVICES
THAT THE SUPERINTENDENT PROHIBITS FROM DEMANDING OR REQUESTING PAYMENT
FOR HEALTH SERVICES PURSUANT TO SUBSECTION (B) OF THIS SECTION. ANY
CIVIL PENALTY IMPOSED FOR A FRAUDULENT INSURANCE ACT AS DEFINED IN
SECTION 176.05 OF THE PENAL LAW SHALL BE LEVIED PURSUANT TO ARTICLE FOUR
OF THIS CHAPTER.
(F) Nothing in this section shall be construed as limiting in any
respect the powers and duties of the commissioner of health, commission-
er of education or the superintendent to investigate instances of
misconduct by a [health care] provider [and, after a hearing and upon
written notice to the provider, to temporarily prohibit a provider of
health services under such investigation from demanding or requesting
any payment for medical services under this article for up to ninety
days from the date of such notice] OF HEALTH SERVICES AND TAKE APPROPRI-
ATE ACTION PURSUANT TO ANY OTHER PROVISION OF LAW. A DETERMINATION OF
THE SUPERINTENDENT PURSUANT TO SUBSECTION (B) OF THIS SECTION SHALL NOT
BE BINDING UPON THE COMMISSIONER OF HEALTH OR COMMISSIONER OF EDUCATION
IN A PROFESSIONAL DISCIPLINE PROCEEDING RELATING TO THE SAME CONDUCT.
S 3. Paragraph 1 of subsection (a) of section 308 of the insurance
law, as amended by chapter 499 of the laws of 2009, is amended to read
as follows:
(1) The superintendent may also address to any health maintenance
organization, life settlement provider, life settlement intermediary or
its officers, ANY PROVIDER OF HEALTH SERVICES WHO DEMANDS OR REQUESTS
PAYMENT FOR HEALTH SERVICES RENDERED UNDER ARTICLE FIFTY-ONE OF THIS
CHAPTER, or any authorized insurer or rate service organization, or
officers thereof, any inquiry in relation to its transactions or condi-
tion or any matter connected therewith. Every corporation or person so
addressed shall reply in writing to such inquiry promptly and truthful-
ly, and such reply shall be, if required by the superintendent,
subscribed by such individual, or by such officer or officers of a
corporation, as the superintendent shall designate, and affirmed by them
as true under the penalties of perjury.
S 4. The insurance law is amended by adding a new section 5110 to read
as follows:
S 5110. EXAMINATIONS OF PROVIDERS OF HEALTH SERVICES; WHEN AUTHORIZED
OR REQUIRED. (A) THE SUPERINTENDENT MAY MAKE AN EXAMINATION, INCLUDING
AN AUDIT OR INSPECTION, INTO THE AFFAIRS OF ANY PROVIDER OF HEALTH
SERVICES THAT DEMANDS OR REQUESTS PAYMENT FOR HEALTH SERVICES RENDERED
UNDER THIS ARTICLE, WHERE THE SUPERINTENDENT HAS A REASONABLE SUSPICION
UPON CREDIBLE EVIDENCE TO BELIEVE THAT A PROVIDER OF HEALTH SERVICES HAS
ENGAGED IN CONDUCT SET FORTH IN PARAGRAPH ONE, TWO, THREE, FOUR OR FIVE
OF SUBSECTION (B) OF SECTION FIVE THOUSAND ONE HUNDRED NINE OF THIS
ARTICLE. AS USED IN THIS SECTION, "HEALTH SERVICES" MEANS SERVICES,
SUPPLIES, THERAPIES, OR OTHER TREATMENTS AS SPECIFIED IN SUBPARAGRAPH
S. 6357--C 35
(I), (II), OR (IV) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION FIVE
THOUSAND ONE HUNDRED TWO OF THIS ARTICLE.
(B)(1) WHENEVER THE SUPERINTENDENT SHALL DETERMINE TO EXAMINE THE
AFFAIRS OF ANY PROVIDER OF HEALTH SERVICES, THE SUPERINTENDENT SHALL
MAKE AN ORDER INDICATING THE SCOPE OF THE EXAMINATION AND MAY APPOINT AS
EXAMINERS ONE OR MORE PERSONS NOT EMPLOYED BY ANY PROVIDER OF HEALTH
SERVICES OR INSURER OR INTERESTED IN ANY PROVIDER OF HEALTH SERVICES OR
INSURER, EXCEPT AS A POLICYHOLDER. A COPY OF SUCH ORDER SHALL UPON
DEMAND BE EXHIBITED TO THE PROVIDER OF HEALTH SERVICES WHOSE AFFAIRS ARE
TO BE EXAMINED BEFORE THE EXAMINATION BEGINS.
(2) ANY EXAMINER AUTHORIZED BY THE SUPERINTENDENT SHALL BE GIVEN
CONVENIENT ACCESS AT ALL REASONABLE HOURS TO THE BOOKS, RECORDS, FILES,
SECURITIES AND OTHER DOCUMENTS OF SUCH PROVIDER OF HEALTH SERVICES THAT
ARE RELEVANT TO THE EXAMINATION, AND SHALL HAVE POWER TO ADMINISTER
OATHS AND TO EXAMINE UNDER OATH ANY OFFICER OR AGENT OF SUCH PROVIDER OF
HEALTH SERVICES, AND ANY OTHER PERSON HAVING CUSTODY OR CONTROL OF SUCH
DOCUMENTS, REGARDING ANY MATTER RELEVANT TO THE EXAMINATION.
(3) THE OFFICERS AND AGENTS OF SUCH PROVIDER OF HEALTH SERVICES SHALL
FACILITATE SUCH EXAMINATION AND AID SUCH EXAMINERS IN CONDUCTING THE
SAME SO FAR AS IT IS IN THEIR POWER TO DO SO.
(4) THE REFUSAL OF ANY PROVIDER OF HEALTH SERVICES TO SUBMIT TO EXAM-
INATION SHALL BE GROUNDS FOR THE SUPERINTENDENT PROHIBITING THE PROVIDER
OF HEALTH SERVICES FROM DEMANDING OR REQUESTING PAYMENT FOR HEALTH
SERVICES RENDERED UNDER THIS ARTICLE PURSUANT TO SECTION FIVE THOUSAND
ONE HUNDRED NINE OF THIS ARTICLE.
(5) AN EXAMINATION SHALL BE CONDUCTED CONSISTENT WITH ALL APPLICABLE
STATE AND FEDERAL PRIVACY LAWS.
(6) THIS SECTION SHALL NOT APPLY TO A GENERAL HOSPITAL, AS DEFINED IN
SUBDIVISION TEN OF SECTION TWO THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC
HEALTH LAW, OR FOR CARE PROVIDED TO LESS THAN ONE HUNDRED PATIENTS IN
THE PRIOR CALENDAR YEAR FOR HEALTH SERVICES RENDERED UNDER THIS ARTICLE.
S 5. Section 176.00 of the penal law is amended by adding four new
subdivisions 6, 7, 8 and 9 to read as follows:
6. "PROVIDER" MEANS AN ATTORNEY, A HEALTH CARE PROFESSIONAL, AN OWNER
OR OPERATOR OF A HEALTH CARE PRACTICE OR FACILITY, ANY PERSON WHO
CREATES THE IMPRESSION THAT HE OR SHE, OR HIS OR HER PRACTICE CAN
PROVIDE LEGAL OR HEALTH CARE SERVICES, ANY PERSON EMPLOYED OR ACTING ON
BEHALF OF ANY SUCH PERSON, OR ANY PERSON PROVIDING MANAGEMENT OR
CONSULTING SERVICES TO ANY SUCH PERSON.
7. "PUBLIC MEDIA" MEANS TELEPHONE DIRECTORIES, PROFESSIONAL DIRECTO-
RIES, NEWSPAPERS AND OTHER PERIODICALS, RADIO AND TELEVISION, BILL-
BOARDS, AND MAILED OR ELECTRONICALLY TRANSMITTED WRITTEN COMMUNICATIONS
THAT DO NOT INVOLVE DIRECT CONTACT WITH A SPECIFIC PROSPECTIVE CLIENT,
PATIENT, OR CUSTOMER.
8. "RUNNER" MEANS A PERSON WHO, FOR A PECUNIARY BENEFIT, PROCURES OR
ATTEMPTS TO PROCURE A CLIENT, PATIENT OR CUSTOMER AT THE DIRECTION OF,
REQUEST OF OR IN COOPERATION WITH A PROVIDER WHOSE PURPOSE IS TO SEEK TO
OBTAIN BENEFITS UNDER A CONTRACT OF INSURANCE OR ASSERT A CLAIM AGAINST
AN INSURED OR AN INSURANCE CARRIER FOR PROVIDING SERVICES TO THE CLIENT,
PATIENT OR CUSTOMER, OR TO OBTAIN BENEFITS UNDER OR ASSERT A CLAIM
AGAINST A STATE OR FEDERAL HEALTH CARE BENEFITS PROGRAM OR PRESCRIPTION
DRUG ASSISTANCE PROGRAM. "RUNNER" SHALL NOT INCLUDE (A) A PERSON WHO
PROCURES OR ATTEMPTS TO PROCURE CLIENTS, PATIENTS OR CUSTOMERS FOR A
PROVIDER THROUGH PUBLIC MEDIA; (B) A PERSON WHO REFERS CLIENTS, PATIENTS
OR CUSTOMERS AS OTHERWISE AUTHORIZED BY LAW; OR (C) A PERSON WHO, AS AN
AGENT, BROKER OR EMPLOYEE OF A HEALTH MAINTENANCE ORGANIZATION AS
S. 6357--C 36
DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THE PUBLIC HEALTH LAW,
SEEKS TO SELL HEALTH MAINTENANCE ORGANIZATION COVERAGE OR HEALTH INSUR-
ANCE COVERAGE TO AN INDIVIDUAL OR GROUP.
9. "PECUNIARY BENEFIT" MEANS GOODS, MONEY, PROPERTY, SERVICES OR
ANYTHING OF VALUE, OR AN AGREEMENT TO CONFER OR RECEIVE ANY SUCH GOODS,
MONEY, PROPERTY, SERVICES, OR THING OF VALUE.
S 6. The penal law is amended by adding three new sections 176.75,
176.80 and 176.85 to read as follows:
S 176.75 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE
THIRD DEGREE.
A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR
CUSTOMERS IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY:
1. ACTS AS A RUNNER ON ONE OR MORE OCCASIONS; OR
2. USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ANOTHER PERSON TO ACT AS
A RUNNER ON ONE OR MORE OCCASIONS.
UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE THIRD
DEGREE IS A CLASS A MISDEMEANOR.
S 176.80 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE
SECOND DEGREE.
A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR
CUSTOMERS IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY:
1. ACTS AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT
THAT IN THE AGGREGATE EXCEEDS TWO THOUSAND FIVE HUNDRED DOLLARS IN VALUE
OR ACTS AS A RUNNER ON FIVE OR MORE OCCASIONS; OR
2. USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ONE OR MORE PERSONS TO
ACT AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT THAT IN
THE AGGREGATE EXCEEDS TWO THOUSAND FIVE HUNDRED DOLLARS IN VALUE OR
USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ONE OR MORE PERSONS TO ACT AS
A RUNNER ON FIVE OR MORE OCCASIONS.
UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE SECOND
DEGREE IS A CLASS E FELONY.
S 176.85 UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE
FIRST DEGREE.
A PERSON IS GUILTY OF UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR
CUSTOMERS IN THE FIRST DEGREE WHEN HE OR SHE KNOWINGLY:
1. ACTS AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT
THAT IN THE AGGREGATE EXCEEDS FIVE THOUSAND DOLLARS IN VALUE OR ACTS AS
A RUNNER ON TEN OR MORE OCCASIONS; OR
2. USES, SOLICITS, DIRECTS, HIRES OR EMPLOYS ONE OR MORE PERSONS TO
ACT AS A RUNNER ON ONE OR MORE OCCASIONS FOR A PECUNIARY BENEFIT THAT IN
THE AGGREGATE EXCEEDS FIVE THOUSAND DOLLARS OR USES, SOLICITS, DIRECTS,
HIRES OR EMPLOYS ONE OR MORE PERSONS TO ACT AS A RUNNER ON TEN OR MORE
OCCASIONS.
UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS IN THE FIRST
DEGREE IS A CLASS D FELONY.
S 7. Paragraph (a) of subdivision 1 of section 460.10 of the penal
law, as amended by chapter 405 of the laws of 2010, is amended to read
as follows:
(a) Any of the felonies set forth in this chapter: sections 120.05,
120.10 and 120.11 relating to assault; sections 121.12 and 121.13 relat-
ing to strangulation; sections 125.10 to 125.27 relating to homicide;
sections 130.25, 130.30 and 130.35 relating to rape; sections 135.20 and
135.25 relating to kidnapping; section 135.35 relating to labor traf-
ficking; section 135.65 relating to coercion; sections 140.20, 140.25
and 140.30 relating to burglary; sections 145.05, 145.10 and 145.12
relating to criminal mischief; article one hundred fifty relating to
S. 6357--C 37
arson; sections 155.30, 155.35, 155.40 and 155.42 relating to grand
larceny; sections 177.10, 177.15, 177.20 and 177.25 relating to health
care fraud; article one hundred sixty relating to robbery; sections
165.45, 165.50, 165.52 and 165.54 relating to criminal possession of
stolen property; sections 165.72 and 165.73 relating to trademark coun-
terfeiting; sections 170.10, 170.15, 170.25, 170.30, 170.40, 170.65 and
170.70 relating to forgery; sections 175.10, 175.25, 175.35, 175.40 and
210.40 relating to false statements; sections 176.15, 176.20, 176.25 and
176.30 relating to insurance fraud; SECTIONS 176.80 AND 176.85 RELATING
TO UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS; sections
178.20 and 178.25 relating to criminal diversion of prescription medica-
tions and prescriptions; sections 180.03, 180.08, 180.15, 180.25,
180.40, 180.45, 200.00, 200.03, 200.04, 200.10, 200.11, 200.12, 200.20,
200.22, 200.25, 200.27, 215.00, 215.05 and 215.19 relating to bribery;
sections 187.10, 187.15, 187.20 and 187.25 relating to residential mort-
gage fraud, sections 190.40 and 190.42 relating to criminal usury;
section 190.65 relating to schemes to defraud; sections 205.60 and
205.65 relating to hindering prosecution; sections 210.10, 210.15, and
215.51 relating to perjury and contempt; section 215.40 relating to
tampering with physical evidence; sections 220.06, 220.09, 220.16,
220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43, 220.46, 220.55,
220.60 and 220.77 relating to controlled substances; sections 225.10 and
225.20 relating to gambling; sections 230.25, 230.30, and 230.32 relat-
ing to promoting prostitution; section 230.34 relating to sex traffick-
ing; sections 235.06, 235.07, 235.21 and 235.22 relating to obscenity;
sections 263.10 and 263.15 relating to promoting a sexual performance by
a child; sections 265.02, 265.03, 265.04, 265.11, 265.12, 265.13 and the
provisions of section 265.10 which constitute a felony relating to
firearms and other dangerous weapons; and sections 265.14 and 265.16
relating to criminal sale of a firearm; and section 275.10, 275.20,
275.30, or 275.40 relating to unauthorized recordings; and sections
470.05, 470.10, 470.15 and 470.20 relating to money laundering; or
S 8. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 405 of the laws of 2010, is amended
to read as follows:
(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12 of the
penal law, strangulation in the first degree as defined in section
121.13 of the penal law, criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter in the first
degree as defined in section 125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law, murder in
the first degree as defined in section 125.27 of the penal law, abortion
in the second degree as defined in section 125.40 of the penal law,
abortion in the first degree as defined in section 125.45 of the penal
law, rape in the third degree as defined in section 130.25 of the penal
law, rape in the second degree as defined in section 130.30 of the penal
law, rape in the first degree as defined in section 130.35 of the penal
law, criminal sexual act in the third degree as defined in section
130.40 of the penal law, criminal sexual act in the second degree as
defined in section 130.45 of the penal law, criminal sexual act in the
S. 6357--C 38
first degree as defined in section 130.50 of the penal law, sexual abuse
in the first degree as defined in section 130.65 of the penal law,
unlawful imprisonment in the first degree as defined in section 135.10
of the penal law, kidnapping in the second degree as defined in section
135.20 of the penal law, kidnapping in the first degree as defined in
section 135.25 of the penal law, labor trafficking as defined in section
135.35 of the penal law, custodial interference in the first degree as
defined in section 135.50 of the penal law, coercion in the first degree
as defined in section 135.65 of the penal law, criminal trespass in the
first degree as defined in section 140.17 of the penal law, burglary in
the third degree as defined in section 140.20 of the penal law, burglary
in the second degree as defined in section 140.25 of the penal law,
burglary in the first degree as defined in section 140.30 of the penal
law, criminal mischief in the third degree as defined in section 145.05
of the penal law, criminal mischief in the second degree as defined in
section 145.10 of the penal law, criminal mischief in the first degree
as defined in section 145.12 of the penal law, criminal tampering in the
first degree as defined in section 145.20 of the penal law, arson in the
fourth degree as defined in section 150.05 of the penal law, arson in
the third degree as defined in section 150.10 of the penal law, arson in
the second degree as defined in section 150.15 of the penal law, arson
in the first degree as defined in section 150.20 of the penal law, grand
larceny in the fourth degree as defined in section 155.30 of the penal
law, grand larceny in the third degree as defined in section 155.35 of
the penal law, grand larceny in the second degree as defined in section
155.40 of the penal law, grand larceny in the first degree as defined in
section 155.42 of the penal law, health care fraud in the fourth degree
as defined in section 177.10 of the penal law, health care fraud in the
third degree as defined in section 177.15 of the penal law, health care
fraud in the second degree as defined in section 177.20 of the penal
law, health care fraud in the first degree as defined in section 177.25
of the penal law, robbery in the third degree as defined in section
160.05 of the penal law, robbery in the second degree as defined in
section 160.10 of the penal law, robbery in the first degree as defined
in section 160.15 of the penal law, unlawful use of secret scientific
material as defined in section 165.07 of the penal law, criminal
possession of stolen property in the fourth degree as defined in section
165.45 of the penal law, criminal possession of stolen property in the
third degree as defined in section 165.50 of the penal law, criminal
possession of stolen property in the second degree as defined by section
165.52 of the penal law, criminal possession of stolen property in the
first degree as defined by section 165.54 of the penal law, trademark
counterfeiting in the second degree as defined in section 165.72 of the
penal law, trademark counterfeiting in the first degree as defined in
section 165.73 of the penal law, forgery in the second degree as defined
in section 170.10 of the penal law, forgery in the first degree as
defined in section 170.15 of the penal law, criminal possession of a
forged instrument in the second degree as defined in section 170.25 of
the penal law, criminal possession of a forged instrument in the first
degree as defined in section 170.30 of the penal law, criminal
possession of forgery devices as defined in section 170.40 of the penal
law, falsifying business records in the first degree as defined in
section 175.10 of the penal law, tampering with public records in the
first degree as defined in section 175.25 of the penal law, offering a
false instrument for filing in the first degree as defined in section
175.35 of the penal law, issuing a false certificate as defined in
S. 6357--C 39
section 175.40 of the penal law, UNLAWFUL PROCUREMENT OF CLIENTS,
PATIENTS OR CUSTOMERS IN THE SECOND DEGREE AS DEFINED IN SECTION 176.80
OF THE PENAL LAW, UNLAWFUL PROCUREMENT OF CLIENTS, PATIENTS OR CUSTOMERS
IN THE FIRST DEGREE AS DEFINED IN SECTION 176.85 OF THE PENAL LAW, crim-
inal diversion of prescription medications and prescriptions in the
second degree as defined in section 178.20 of the penal law, criminal
diversion of prescription medications and prescriptions in the first
degree as defined in section 178.25 of the penal law, residential mort-
gage fraud in the fourth degree as defined in section 187.10 of the
penal law, residential mortgage fraud in the third degree as defined in
section 187.15 of the penal law, residential mortgage fraud in the
second degree as defined in section 187.20 of the penal law, residential
mortgage fraud in the first degree as defined in section 187.25 of the
penal law, escape in the second degree as defined in section 205.10 of
the penal law, escape in the first degree as defined in section 205.15
of the penal law, absconding from temporary release in the first degree
as defined in section 205.17 of the penal law, promoting prison contra-
band in the first degree as defined in section 205.25 of the penal law,
hindering prosecution in the second degree as defined in section 205.60
of the penal law, hindering prosecution in the first degree as defined
in section 205.65 of the penal law, sex trafficking as defined in
section 230.34 of the penal law, criminal possession of a weapon in the
third degree as defined in subdivisions two, three and five of section
265.02 of the penal law, criminal possession of a weapon in the second
degree as defined in section 265.03 of the penal law, criminal
possession of a weapon in the first degree as defined in section 265.04
of the penal law, manufacture, transport, disposition and defacement of
weapons and dangerous instruments and appliances defined as felonies in
subdivisions one, two, and three of section 265.10 of the penal law,
sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use
of weapons as defined in subdivision two of section 265.35 of the penal
law, relating to firearms and other dangerous weapons, or failure to
disclose the origin of a recording in the first degree as defined in
section 275.40 of the penal law;
S 9. Sections nine and ten of this act shall be known and may be cited
as "Alice's Law".
S 10. The penal law is amended by adding three new sections 176.90,
176.91 and 176.92 to read as follows:
S 176.90 STAGING A MOTOR VEHICLE ACCIDENT IN THE THIRD DEGREE.
A PERSON IS GUILTY OF STAGING A MOTOR VEHICLE ACCIDENT IN THE THIRD
DEGREE WHEN, WITH INTENT TO COMMIT A FRAUDULENT INSURANCE ACT, HE OR
SHE:
(1) OPERATES A MOTOR VEHICLE AND INTENTIONALLY CAUSES OR ATTEMPTS TO
CAUSE A COLLISION INVOLVING A MOTOR VEHICLE; OR
(2) SOLICITS, REQUESTS, COMMANDS, IMPORTUNES OR OTHERWISE ATTEMPTS TO
CAUSE ANOTHER PERSON TO INTENTIONALLY CAUSE A COLLISION INVOLVING A
MOTOR VEHICLE.
STAGING A MOTOR VEHICLE ACCIDENT IN THE THIRD DEGREE IS A CLASS D
FELONY.
S 176.91 STAGING A MOTOR VEHICLE ACCIDENT IN THE SECOND DEGREE.
A PERSON IS GUILTY OF STAGING A MOTOR VEHICLE ACCIDENT IN THE SECOND
DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF STAGING A MOTOR VEHICLE
ACCIDENT IN THE THIRD DEGREE, AND HAS BEEN PREVIOUSLY CONVICTED WITHIN
THE PRECEDING FIVE YEARS OF ANY CRIME DEFINED IN THIS ARTICLE.
STAGING A MOTOR VEHICLE ACCIDENT IN THE SECOND DEGREE IS A CLASS C
FELONY.
S. 6357--C 40
S 176.92 STAGING A MOTOR VEHICLE ACCIDENT IN THE FIRST DEGREE.
A PERSON IS GUILTY OF STAGING A MOTOR VEHICLE ACCIDENT IN THE FIRST
DEGREE WHEN HE OR SHE COMMITS THE OFFENSE OF STAGING A MOTOR VEHICLE
ACCIDENT IN THE THIRD DEGREE AND CAUSES SERIOUS PERSONAL INJURY OR DEATH
TO ANOTHER PERSON, OTHER THAN A PARTICIPANT IN SUCH OFFENSE.
STAGING A MOTOR VEHICLE ACCIDENT IN THE FIRST DEGREE IS A CLASS B
FELONY.
S 11. The insurance law is amended by adding a new section 3455 to
read as follows:
S 3455. CANCELLATION OF POLICY. (A) AN INSURER MAY, WITHIN THE FIRST
SIXTY DAYS, RESCIND OR RETROACTIVELY CANCEL TO THE INCEPTION A NEWLY
ISSUED AUTOMOBILE INSURANCE POLICY SUBJECT TO PARAGRAPH ONE OF
SUBSECTION (A) OF SECTION THREE THOUSAND FOUR HUNDRED TWENTY-FIVE OF
THIS ARTICLE, A NEWLY ISSUED COMMERCIAL AUTOMOBILE INSURANCE POLICY
SUBJECT TO SECTION THREE THOUSAND FOUR HUNDRED TWENTY-SIX OF THIS ARTI-
CLE, OR A POLICY ISSUED PURSUANT TO ANY PLAN ESTABLISHED UNDER ARTICLE
FIFTY-THREE OF THIS CHAPTER, IF THE INITIAL PREMIUM PAYMENT IS NOT
HONORED BY A FINANCIAL INSTITUTION DUE TO THE NONEXISTENCE OR THE UNAU-
THORIZED USE OF A BANK ACCOUNT, OR THE INITIAL PREMIUM PAYMENT IS DENIED
BY A CREDIT CARD COMPANY DUE TO THE UNAUTHORIZED USE OF A CREDIT CARD
ACCOUNT. THIS SECTION SHALL NOT APPLY TO POLICIES REQUIRED UNDER ARTICLE
EIGHT OF THE VEHICLE AND TRAFFIC LAW.
(B) A PERSON WHO IS INJURED DURING THIS PERIOD AND WHO WOULD ORDINAR-
ILY BE COVERED UNDER THE INSURED'S POLICY HAD IT NOT BEEN CANCELED
PURSUANT TO SUBSECTION (A) OF THIS SECTION, SHALL BE ENTITLED TO RECOVER
UNDER HIS OR HER OWN POLICY SUBJECT TO THE TERMS AND CONDITIONS OF THE
CONTRACT, OR IF THE INJURED PERSON IS UNINSURED, THEY SHALL BE ENTITLED
TO RECOVER UNDER THE MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION,
PROVIDED SUCH PERSON DID NOT PARTICIPATE IN ANY FRAUDULENT ACTIVITY,
INCLUDING, BUT NOT LIMITED TO, AN ACCIDENT STAGED TO DEFRAUD AN INSURER.
THE MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION MAY NOT SUBROGATE
ITS CLAIM AGAINST THE RESCINDING OR CANCELLING INSURER.
S 12. Paragraph 2 of subsection (d) of section 3420 of the insurance
law, as amended by chapter 388 of the laws of 2008, is amended to read
as follows:
(2) If under a liability policy issued or delivered in this state, an
insurer shall disclaim liability or deny coverage INCLUDING A DISCLAIMER
OR DENIAL BECAUSE THE INSURER RESCINDED OR CANCELLED COVERAGE PURSUANT
TO SECTION THREE THOUSAND FOUR HUNDRED FIFTY-FIVE OF THIS ARTICLE, for
death or bodily injury arising out of a motor vehicle accident, INCLUD-
ING ANY CLAIM FOR PERSONAL INJURIES UNDER AN UNINSURED MOTORIST ENDORSE-
MENT BY ANY OCCUPANT OF A MOTOR VEHICLE OR OTHER PERSON INVOLVED IN AN
ACCIDENT THAT WAS STAGED TO DEFRAUD AN INSURER WHO IS WITHOUT KNOWLEDGE
OF THE STAGING OR FRAUDULENT INTENT OF THE ACCIDENT, or any other type
of accident occurring within this state, it shall give written notice as
soon as is reasonably possible of such disclaimer of liability or denial
of coverage to the insured and the injured person or any other claimant.
S 13. Paragraph 1 of subsection (f) of section 3420 of the insurance
law, as amended by chapter 305 of the laws of 1995, is amended to read
as follows:
(1) No policy insuring against loss resulting from liability imposed
by law for bodily injury or death suffered by any natural person arising
out of the ownership, maintenance and use of a motor vehicle by the
insured shall be issued or delivered by any authorized insurer upon any
motor vehicle then principally garaged or principally used in this state
unless it contains a provision whereby the insurer agrees that it will
S. 6357--C 41
pay to the insured, as defined in such provision, subject to the terms
and conditions set forth therein to be prescribed by the board of direc-
tors of the Motor Vehicle Accident Indemnification Corporation and
approved by the superintendent, all sums, not exceeding a maximum amount
or limit of twenty-five thousand dollars exclusive of interest and
costs, on account of injury to and all sums, not exceeding a maximum
amount or limit of fifty thousand dollars exclusive of interest and
costs, on account of death of one person, in any one accident, and the
maximum amount or limit, subject to such limit for any one person so
injured of fifty thousand dollars or so killed of one hundred thousand
dollars, exclusive of interest and costs, on account of injury to, or
death of, more than one person in any one accident, which the insured or
his legal representative shall be entitled to recover as damages from an
owner or operator of an uninsured motor vehicle, unidentified motor
vehicle which leaves the scene of an accident, a motor vehicle regis-
tered in this state as to which at the time of the accident there was
not in effect a policy of liability insurance, A MOTOR VEHICLE FOR WHICH
THE POLICY OF INSURANCE HAS BEEN RESCINDED OR CANCELLED PURSUANT TO
SECTION THREE THOUSAND FOUR HUNDRED FIFTY-FIVE OF THIS ARTICLE, a stolen
vehicle, A MOTOR VEHICLE INVOLVED IN AN ACCIDENT WHICH WAS STAGED TO
DEFRAUD AN INSURER, EXCEPT SUCH VEHICLE OWNED AND OPERATED BY THE PERPE-
TRATOR OR PERPETRATORS OF SUCH ACCIDENT, a motor vehicle operated with-
out permission of the owner, an insured motor vehicle where the insurer
disclaims liability or denies coverage or an unregistered vehicle
because of bodily injury, sickness or disease, including death resulting
therefrom, sustained by the insured, caused by accident occurring in
this state and arising out of the ownership, maintenance or use of such
motor vehicle. No payment for non-economic loss shall be made under such
policy provision to a covered person unless such person has incurred a
serious injury, as such terms are defined in section five thousand one
hundred two of this chapter. Such policy shall not duplicate any element
of basic economic loss provided for under article fifty-one of this
chapter. No payments of first party benefits for basic economic loss
made pursuant to such article shall diminish the obligations of the
insurer under this policy provision for the payment of non-economic loss
and economic loss in excess of basic economic loss. Notwithstanding any
inconsistent provisions of section three thousand four hundred twenty-
five of this article, any such policy which does not contain the afore-
said provisions shall be construed as if such provisions were embodied
therein.
S 14. Subparagraph (A) of paragraph 2 of subsection (f) of section
3420 of the insurance law, as separately amended by chapters 547 and 568
of the laws of 1997, is amended to read as follows:
(A) Any such policy shall, at the option of the insured, also provide
supplementary uninsured/underinsured motorists insurance for bodily
injury, in an amount up to the bodily injury liability insurance limits
of coverage provided under such policy, subject to a maximum of two
hundred fifty thousand dollars because of bodily injury to or death of
one person in any one accident and, subject to such limit for one
person, up to five hundred thousand dollars because of bodily injury to
or death of two or more persons in any one accident, or a combined
single limit policy of five hundred thousand dollars because of bodily
injury to or death of one or more persons in any one accident. Provided
however, an insurer issuing such policy, in lieu of offering to the
insured the coverages stated above, may provide supplementary
uninsured/underinsured motorists insurance for bodily injury, in an
S. 6357--C 42
amount up to the bodily injury liability insurance limits of coverage
provided under such policy, subject to a maximum of one hundred thousand
dollars because of bodily injury to or death of one person in any one
accident and, subject to such limit for one person, up to three hundred
thousand dollars because of bodily injury to or death of two or more
persons in any one accident, or a combined single limit policy of three
hundred thousand dollars because of bodily injury to or death of one or
more persons in any one accident, if such insurer also makes available a
personal umbrella policy with liability coverage limits up to at least
five hundred thousand dollars which also provides coverage for supple-
mentary uninsured/underinsured motorists claims. Supplementary
uninsured/underinsured motorists insurance shall provide coverage, in
any state or Canadian province, if the limits of liability under all
bodily injury liability bonds and insurance policies of another motor
vehicle liable for damages INCLUDING, BUT NOT LIMITED TO A VEHICLE FOR
WHICH THE POLICY OF INSURANCE HAS BEEN RESCINDED OR CANCELLED PURSUANT
TO SECTION THREE THOUSAND FOUR HUNDRED FIFTY-FIVE OF THIS ARTICLE, A
MOTOR VEHICLE INVOLVED IN AN ACCIDENT WHICH WAS STAGED TO DEFRAUD AN
INSURER, EXCEPT SUCH VEHICLE OWNED AND OPERATED BY THE PERPETRATOR OR
PERPETRATORS OF SUCH ACCIDENT, are in a lesser amount than the bodily
injury liability insurance limits of coverage provided by such policy.
Upon written request by any insured covered by supplemental
uninsured/underinsured motorists insurance or his duly authorized repre-
sentative and upon disclosure by the insured of the insured's bodily
injury and supplemental uninsured/underinsured motorists insurance
coverage limits, the insurer of any other owner or operator of another
motor vehicle against which a claim has been made for damages to the
insured shall disclose, within forty-five days of the request, the bodi-
ly injury liability insurance limits of its coverage provided under the
policy or all bodily injury liability bonds. The time of the insured to
make any supplementary uninsured/underinsured motorist claim, shall be
tolled during the period the insurer of any other owner or operator of
another motor vehicle that may be liable for damages to the insured,
fails to so disclose its coverage. As a condition precedent to the obli-
gation of the insurer to pay under the supplementary
uninsured/underinsured motorists insurance coverage, the limits of
liability of all bodily injury liability bonds or insurance policies
applicable at the time of the accident shall be exhausted by payment of
judgments or settlements.
S 15. Paragraph 1 of subsection (b) of section 5103 of the insurance
law is amended to read as follows:
(1) Intentionally causes his own injury, EXCEPT ANY OCCUPANT OF A
MOTOR VEHICLE OR OTHER PERSON INVOLVED IN AN ACCIDENT STAGED TO DEFRAUD
AN INSURER WHO IS WITHOUT KNOWLEDGE OF THE STAGING OR FRAUDULENT INTENT
OF SUCH ACCIDENT.
S 16. Paragraph 2 of subsection (a) of section 5103 of the insurance
law is amended to read as follows:
(2) The named insured and members of his household, other than occu-
pants of a motorcycle, for loss arising out of the use or operation of
(i) an uninsured motor vehicle or motorcycle, OR A VEHICLE WHOSE COVER-
AGE IS RESCINDED OR CANCELLED PURSUANT TO SECTION THREE THOUSAND FOUR
HUNDRED FIFTY-FIVE OF THIS CHAPTER, within the United States, its terri-
tories or possessions, or Canada; and (ii) an insured motor vehicle or
motorcycle outside of this state and within the United States, its
territories or possessions, or Canada.
S. 6357--C 43
S 17. Paragraph (a) of subdivision 1 of section 313 of the vehicle and
traffic law, as amended by chapter 569 of the laws of 1981, is amended
to read as follows:
(a) [No] EXCEPT AS PROVIDED FOR IN SECTION THREE THOUSAND FOUR HUNDRED
FIFTY-FIVE OF THE INSURANCE LAW, NO contract of insurance for which a
certificate of insurance has been filed with the commissioner shall be
terminated by cancellation by the insurer until at least twenty days
after mailing to the named insured at the address shown on the policy a
notice of termination by regular mail, with a certificate of mailing,
properly endorsed by the postal service to be obtained, except where the
cancellation is for non-payment of premium in which case fifteen days
notice of cancellation by the insurer shall be sufficient, provided,
however, if another insurance contract has been procured, such other
insurance contract shall, as of its effective date and hour, terminate
the insurance previously in effect with respect to any motor vehicles
designated in both contracts. No contract of insurance for which a
certificate of insurance has been filed with the commissioner in which a
natural person is the named insured and the motor vehicle is used
predominantly for non-business purposes shall be non-renewed by an
insurer unless at least forty-five, but not more than sixty days in
advance of the renewal date the insurer mails or delivers to the named
insured at the address shown on the policy a written notice of its
intention not to renew. No such contract of insurance in which the named
insured is not a natural person or the motor vehicle is used predomi-
nantly for business purposes shall be non-renewed by an insurer unless
at least twenty days in advance of the renewal date the insurer mails or
delivers to the named insured at the address shown on the policy a writ-
ten notice of its intention not to renew. All notices of non-renewal
shall be sent by regular mail with a certificate of mailing, properly
endorsed by the postal service to be obtained. Time of the effective
date and hour of termination stated in the notice shall become the end
of the policy period. Every notice or acknowledgement of termination for
any cause whatsoever sent to the insured shall include in type of which
the face shall not be smaller than twelve point a statement that proof
of financial security is required to be maintained continuously through-
out the registration period and a notice prescribed by the commissioner
indicating the punitive effects of failure to maintain continuous proof
of financial security and actions which may be taken by the insured to
avoid such punitive effects.
S 18. Paragraphs 6 and 7 of subsection (b) of section 5201 of the
insurance law are amended and a new paragraph 8 is added to read as
follows:
(6) insured motor vehicles where the insurer disclaims liability or
denies coverage, [and]
(7) unregistered motor vehicles[.], AND
(8) AN ACCIDENT STAGED TO DEFRAUD AN INSURER.
S 19. This act shall take effect immediately; provided, however, that
sections one and two of this act shall take effect on the sixtieth day
after it shall have become a law; and provided further that sections
five, six, seven, eight, nine and ten of this act shall take effect on
the first of November next succeeding the date upon which it shall have
become a law, and provided further that sections eleven, twelve, thir-
teen, fourteen, fifteen, sixteen and seventeen of this act shall take
effect two hundred seventy days after it shall have become a law.
PART U
S. 6357--C 44
Section 1. Paragraphs 11, 12, 13, 14, 16 and 17 of subsection (a) of
section 3217-a of the insurance law, as added by chapter 705 of the laws
of 1996, are amended and four new paragraphs 16-a, 18, 19 and 20 are
added to read as follows:
(11) where applicable, notice that an insured enrolled in a managed
care product OR IN A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF
PROVIDERS offered by the insurer may obtain a referral [to] OR PREAU-
THORIZATION FOR a health care provider outside of the insurer's network
or panel when the insurer does not have a health care provider [with]
WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE INSURED AND WHO HAS THE appro-
priate ESSENTIAL LEVEL OF training and experience in the network or
panel to meet the particular health care needs of the insured and the
procedure by which the insured can obtain such referral OR PREAUTHORI-
ZATION;
(12) where applicable, notice that an insured enrolled in a managed
care product OR A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF
PROVIDERS offered by the insurer with a condition which requires ongoing
care from a specialist may request a standing referral to such a
specialist and the procedure for requesting and obtaining such a stand-
ing referral;
(13) where applicable, notice that an insured enrolled in a managed
care product OR A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF
PROVIDERS offered by the insurer with [(i)] (A) a life-threatening
condition or disease, or [(ii)] (B) a degenerative and disabling condi-
tion or disease, either of which requires specialized medical care over
a prolonged period of time may request a specialist responsible for
providing or coordinating the insured's medical care and the procedure
for requesting and obtaining such a specialist;
(14) where applicable, notice that an insured enrolled in a managed
care product OR A COMPREHENSIVE POLICY THAT UTILIZES A NETWORK OF
PROVIDERS offered by the insurer with [(i)] (A) a life-threatening
condition or disease, or [(ii)] (B) a degenerative and disabling condi-
tion or disease, either of which requires specialized medical care over
a prolonged period of time, may request access to a specialty care
center and the procedure by which such access may be obtained;
(16) notice of all appropriate mailing addresses and telephone numbers
to be utilized by insureds seeking information or authorization; [and]
(16-A) WHERE APPLICABLE, NOTICE THAT AN INSURED SHALL HAVE DIRECT
ACCESS TO PRIMARY AND PREVENTIVE OBSTETRIC AND GYNECOLOGIC SERVICES,
INCLUDING ANNUAL EXAMINATIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINA-
TIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, FROM A QUALIFIED
PROVIDER OF SUCH SERVICES OF HER CHOICE FROM WITHIN THE PLAN OR FOR ANY
CARE RELATED TO A PREGNANCY;
(17) where applicable, a listing by specialty, which may be in a sepa-
rate document that is updated annually, of the name, address, and tele-
phone number of all participating providers, including facilities, and
in addition, in the case of physicians, board certification[.],
LANGUAGES SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS. THE
LISTING SHALL ALSO BE POSTED ON THE INSURER'S WEBSITE AND THE INSURER
SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION OR TERMI-
NATION OF A PROVIDER FROM THE INSURER'S NETWORK OR A CHANGE IN A PHYSI-
CIAN'S HOSPITAL AFFILIATION;
(18) A DESCRIPTION OF THE METHOD BY WHICH AN INSURED MAY SUBMIT A
CLAIM FOR HEALTH CARE SERVICES;
(19) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE:
S. 6357--C 45
(A) A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE INSURER TO
DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES;
(B) A DESCRIPTION OF THE AMOUNT THAT THE INSURER WILL REIMBURSE UNDER
THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH AS A
PERCENTAGE OF THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH
CARE SERVICES; AND
(C) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY BILLED
OUT-OF-NETWORK HEALTH CARE SERVICES; AND
(20) INFORMATION IN WRITING AND THROUGH AN INTERNET WEBSITE THAT
REASONABLY PERMITS AN INSURED OR PROSPECTIVE INSURED TO DETERMINE THE
ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES
IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN
WHAT THE INSURER WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE SERVICES
AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE
SERVICES.
S 2. Paragraphs 11 and 12 of subsection (b) of section 3217-a of the
insurance law, as added by chapter 705 of the laws of 1996, are amended
and two new paragraphs 13 and 14 are added to read as follows:
(11) where applicable, provide the written application procedures and
minimum qualification requirements for health care providers to be
considered by the insurer for participation in the insurer's network for
a managed care product; [and]
(12) disclose such other information as required by the superinten-
dent, provided that such requirements are promulgated pursuant to the
state administrative procedure act[.];
(13) DISCLOSE WHETHER A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A
HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND
(14) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE,
DISCLOSE THE DOLLAR AMOUNT THAT THE INSURER WILL PAY FOR A SPECIFIC
OUT-OF-NETWORK HEALTH CARE SERVICE.
S 3. Section 3217-a of the insurance law is amended by adding a new
subsection (f) to read as follows:
(F) FOR PURPOSES OF THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL
MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH
CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY
AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN THE YEAR TWO
THOUSAND TWELVE IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT
ORGANIZATION SPECIFIED BY THE SUPERINTENDENT. THE NONPROFIT ORGANIZATION
SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO ARTI-
CLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT
PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, OR A
HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR
OF THE PUBLIC HEALTH LAW.
S 4. Section 3217-d of the insurance law is amended by adding a new
subsection (d) to read as follows:
(D) AN INSURER THAT ISSUES A COMPREHENSIVE POLICY THAT UTILIZES A
NETWORK OF PROVIDERS AND IS NOT A MANAGED CARE HEALTH INSURANCE CONTRACT
AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT HUNDRED ONE
OF THIS CHAPTER, SHALL PROVIDE ACCESS TO OUT-OF-NETWORK SERVICES
CONSISTENT WITH THE REQUIREMENTS OF SUBSECTION (A) OF SECTION FOUR THOU-
SAND EIGHT HUNDRED FOUR OF THIS CHAPTER, SUBSECTIONS (G-6) AND (G-7) OF
SECTION FOUR THOUSAND NINE HUNDRED OF THIS CHAPTER, SUBSECTIONS (A-1)
AND (A-2) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS CHAPTER,
PARAGRAPHS THREE AND FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND
NINE HUNDRED TEN OF THIS CHAPTER, AND SUBPARAGRAPHS (C) AND (D) OF PARA-
S. 6357--C 46
GRAPH FOUR OF SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED FOUR-
TEEN OF THIS CHAPTER.
S 5. Section 3224-a of the insurance law is amended by adding a new
subsection (j) to read as follows:
(J) AN INSURER OR AN ORGANIZATION OR CORPORATION LICENSED OR CERTIFIED
PURSUANT TO ARTICLE FORTY-THREE OR FORTY-SEVEN OF THIS CHAPTER OR ARTI-
CLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A STUDENT HEALTH PLAN ESTAB-
LISHED OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWEN-
TY-FOUR OF THIS CHAPTER SHALL ACCEPT CLAIMS SUBMITTED BY A POLICYHOLDER
OR COVERED PERSON, IN WRITING, INCLUDING THROUGH THE INTERNET, BY ELEC-
TRONIC MAIL OR BY FACSIMILE.
S 6. The insurance law is amended by adding a new section 3241 to read
as follows:
S 3241. NETWORK COVERAGE. (A) AN INSURER, A CORPORATION ORGANIZED
PURSUANT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE
HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS
CHAPTER, OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO
SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER, THAT
ISSUES A HEALTH INSURANCE POLICY OR CONTRACT WITH A NETWORK OF HEALTH
CARE PROVIDERS SHALL ENSURE THAT THE NETWORK IS ADEQUATE TO MEET THE
HEALTH NEEDS OF INSUREDS AND PROVIDE AN APPROPRIATE CHOICE OF PROVIDERS
SUFFICIENT TO RENDER THE SERVICES COVERED UNDER THE POLICY OR CONTRACT.
THE SUPERINTENDENT SHALL REVIEW THE NETWORK OF HEALTH CARE PROVIDERS FOR
ADEQUACY AT THE TIME OF THE SUPERINTENDENT'S INITIAL APPROVAL OF A
HEALTH INSURANCE POLICY OR CONTRACT; AT LEAST EVERY THREE YEARS THERE-
AFTER; AND UPON APPLICATION FOR EXPANSION OF ANY SERVICE AREA ASSOCIATED
WITH THE POLICY OR CONTRACT IN CONFORMANCE WITH THE STANDARDS SET FORTH
IN SUBDIVISION FIVE OF SECTION FOUR THOUSAND FOUR HUNDRED THREE OF THE
PUBLIC HEALTH LAW. TO THE EXTENT THAT THE NETWORK HAS BEEN DETERMINED
BY THE COMMISSIONER OF HEALTH TO MEET THE STANDARDS SET FORTH IN SUBDI-
VISION FIVE OF SECTION FOUR THOUSAND FOUR HUNDRED THREE OF THE PUBLIC
HEALTH LAW, SUCH NETWORK SHALL BE DEEMED ADEQUATE BY THE SUPERINTENDENT.
(B)(1) AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-
THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN
CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, OR A HEALTH
MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE
PUBLIC HEALTH LAW, THAT PROVIDES COVERAGE FOR OUT-OF-NETWORK SERVICES
SHALL PROVIDE SIGNIFICANT COVERAGE OF THE USUAL AND CUSTOMARY COSTS OF
OUT-OF-NETWORK HEALTH CARE SERVICES.
(2) AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE
FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN
CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, OR A HEALTH
MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE
PUBLIC HEALTH LAW, THAT PROVIDES COVERAGE FOR OUT-OF-NETWORK SERVICES
SHALL OFFER AT LEAST ONE POLICY OR CONTRACT OPTION IN EACH GEOGRAPHICAL
REGION COVERED THAT PROVIDES COVERAGE FOR AT LEAST EIGHTY PERCENT OF THE
USUAL AND CUSTOMARY COST OF OUT-OF-NETWORK HEALTH CARE SERVICES AFTER
IMPOSITION OF A DEDUCTIBLE.
(3) FOR THE PURPOSES OF THIS SUBSECTION, "USUAL AND CUSTOMARY COST"
SHALL MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR
HEALTH CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR
SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN THE
YEAR TWO THOUSAND TWELVE IN A BENCHMARKING DATABASE MAINTAINED BY A
NONPROFIT ORGANIZATION SPECIFIED BY THE SUPERINTENDENT. THE NONPROFIT
ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION
SUBJECT TO ARTICLE FORTY-THREE OF THIS CHAPTER, A MUNICIPAL COOPERATIVE
S. 6357--C 47
HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS
CHAPTER, A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE
FORTY-FOUR OF THE PUBLIC HEALTH LAW OR A STUDENT HEALTH PLAN ESTABLISHED
OR MAINTAINED PURSUANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR
OF THIS CHAPTER.
(4) THIS SUBSECTION SHALL NOT APPLY TO EMERGENCY CARE SERVICES IN
HOSPITAL FACILITIES OR PREHOSPITAL EMERGENCY MEDICAL SERVICES AS DEFINED
IN CLAUSE (I) OF SUBPARAGRAPH (E) OF PARAGRAPH TWENTY-FOUR OF SUBSECTION
(I) OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN OF THIS ARTICLE, OR
CLAUSE (I) OF SUBPARAGRAPH (E) OF PARAGRAPH FIFTEEN OF SUBSECTION (L) OF
SECTION THREE THOUSAND TWO HUNDRED TWENTY-ONE OF THIS CHAPTER, OR
SUBPARAGRAPH (A) OF PARAGRAPH FIVE OF SUBSECTION (AA) OF SECTION FOUR
THOUSAND THREE HUNDRED THREE OF THIS CHAPTER.
(5) NOTHING IN THIS SUBSECTION SHALL LIMIT THE SUPERINTENDENT'S
AUTHORITY PURSUANT TO SECTION THREE THOUSAND TWO HUNDRED SEVENTEEN OF
THIS ARTICLE TO ESTABLISH MINIMUM STANDARDS FOR THE FORM, CONTENT AND
SALE OF ACCIDENT AND HEALTH INSURANCE POLICIES AND SUBSCRIBER CONTRACTS,
TO REQUIRE ADDITIONAL COVERAGE OPTIONS FOR OUT-OF-NETWORK SERVICES, OR
TO PROVIDE FOR STANDARDIZATION AND SIMPLIFICATION OF COVERAGE.
(C) WHEN AN INSURED OR ENROLLEE UNDER A CONTRACT OR POLICY THAT
PROVIDES COVERAGE FOR EMERGENCY SERVICES RECEIVES THE SERVICES FROM A
HEALTH CARE PROVIDER THAT DOES NOT PARTICIPATE IN THE PROVIDER NETWORK
OF AN INSURER, A CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE
OF THIS CHAPTER, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED
PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, A HEALTH MAINTENANCE
ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC
HEALTH LAW, OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT
TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER ("HEALTH
CARE PLAN"), THE HEALTH CARE PLAN SHALL ENSURE THAT THE INSURED OR
ENROLLEE SHALL INCUR NO GREATER OUT-OF-POCKET COSTS FOR THE EMERGENCY
SERVICES THAN THE INSURED OR ENROLLEE WOULD HAVE INCURRED WITH A HEALTH
CARE PROVIDER THAT PARTICIPATES IN THE HEALTH CARE PLAN'S PROVIDER
NETWORK. FOR THE PURPOSE OF THIS SECTION, "EMERGENCY SERVICES" SHALL
HAVE THE MEANING SET FORTH IN SUBPARAGRAPH (D) OF PARAGRAPH NINE OF
SUBSECTION (I) OF SECTION THREE THOUSAND TWO HUNDRED SIXTEEN OF THIS
ARTICLE, SUBPARAGRAPH (D) OF PARAGRAPH FOUR OF SUBSECTION (K) OF SECTION
THREE THOUSAND TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, AND SUBPARAGRAPH
(D) OF PARAGRAPH TWO OF SUBSECTION (A) OF SECTION FOUR THOUSAND THREE
HUNDRED THREE OF THIS CHAPTER.
S 7. Section 4306-c of the insurance law is amended by adding a new
subsection (d) to read as follows:
(D) A CORPORATION, INCLUDING A MUNICIPAL COOPERATIVE HEALTH BENEFIT
PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THIS CHAPTER AND A
STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION ONE
THOUSAND ONE HUNDRED TWENTY-FOUR OF THIS CHAPTER, THAT ISSUES A COMPRE-
HENSIVE POLICY THAT UTILIZES A NETWORK OF PROVIDERS AND IS NOT A MANAGED
CARE HEALTH INSURANCE CONTRACT AS DEFINED IN SUBSECTION (C) OF SECTION
FOUR THOUSAND EIGHT HUNDRED ONE OF THIS CHAPTER, SHALL PROVIDE ACCESS TO
OUT-OF-NETWORK SERVICES CONSISTENT WITH THE REQUIREMENTS OF SUBSECTION
(A) OF SECTION FOUR THOUSAND EIGHT HUNDRED FOUR OF THIS CHAPTER,
SUBSECTIONS (G-6) AND (G-7) OF SECTION FOUR THOUSAND NINE HUNDRED OF
THIS CHAPTER, SUBSECTIONS (A-1) AND (A-2) OF SECTION FOUR THOUSAND NINE
HUNDRED FOUR OF THIS CHAPTER, PARAGRAPHS THREE AND FOUR OF SUBSECTION
(B) OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS CHAPTER, AND
SUBPARAGRAPHS (C) AND (D) OF PARAGRAPH FOUR OF SUBSECTION (B) OF SECTION
FOUR THOUSAND NINE HUNDRED FOURTEEN OF THIS CHAPTER.
S. 6357--C 48
S 8. Paragraphs 11, 12, 13, 14, 16-a, 17, and 18 of subsection (a) of
section 4324 of the insurance law, paragraphs 11, 12, 13, 14, 17 and 18
as added by chapter 705 of the laws of 1996, paragraph 16-a as added by
chapter 554 of the laws of 2002, are amended and three new paragraphs
19, 20 and 21 are added to read as follows:
(11) where applicable, notice that a subscriber enrolled in a managed
care product OR IN A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF
PROVIDERS offered by the corporation may obtain a referral [to] OR
PREAUTHORIZATION FOR a health care provider outside of the corporation's
network or panel when the corporation does not have a health care
provider [with] WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE INSURED AND WHO
HAS THE appropriate ESSENTIAL LEVEL OF training and experience in the
network or panel to meet the particular health care needs of the
subscriber and the procedure by which the subscriber can obtain such
referral OR PREAUTHORIZATION;
(12) where applicable, notice that a subscriber enrolled in a managed
care product OR A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF
PROVIDERS offered by the corporation with a condition which requires
ongoing care from a specialist may request a standing referral to such a
specialist and the procedure for requesting and obtaining such a stand-
ing referral;
(13) where applicable, notice that a subscriber enrolled in a managed
care product OR A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF
PROVIDERS offered by the corporation with (i) a life-threatening condi-
tion or disease, or (ii) a degenerative and disabling condition or
disease, either of which requires specialized medical care over a
prolonged period of time may request a specialist responsible for
providing or coordinating the subscriber's medical care and the proce-
dure for requesting and obtaining such a specialist;
(14) where applicable, notice that a subscriber enrolled in a managed
care product OR A COMPREHENSIVE CONTRACT THAT UTILIZES A NETWORK OF
PROVIDERS offered by the corporation with [(i)] (A) a life-threatening
condition or disease, or [(ii)] (B) a degenerative and disabling condi-
tion or disease, either of which requires specialized medical care over
a prolonged period of time may request access to a specialty care center
and the procedure by which such access may be obtained;
(16-a) where applicable, notice that an enrollee shall have direct
access to primary and preventive obstetric and gynecologic services,
INCLUDING ANNUAL EXAMINATIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINA-
TIONS, AND TREATMENT OF ACUTE GYNECOLOGIC CONDITIONS, from a qualified
provider of such services of her choice from within the plan [for no
fewer than two examinations annually for such services] or [to] FOR any
care related to A pregnancy [and that additionally, the enrollee shall
have direct access to primary and preventive obstetric and gynecologic
services required as a result of such annual examinations or as a result
of an acute gynecologic condition];
(17) where applicable, a listing by specialty, which may be in a sepa-
rate document that is updated annually, of the name, address, and tele-
phone number of all participating providers, including facilities, and
in addition, in the case of physicians, board certification[; and],
LANGUAGES SPOKEN AND ANY AFFILIATIONS WITH PARTICIPATING HOSPITALS. THE
LISTING SHALL ALSO BE POSTED ON THE CORPORATION'S WEBSITE AND THE CORPO-
RATION SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF THE ADDITION OR
TERMINATION OF A PROVIDER FROM THE CORPORATION'S NETWORK OR A CHANGE IN
A PHYSICIAN'S HOSPITAL AFFILIATION;
S. 6357--C 49
(18) a description of the mechanisms by which subscribers may partic-
ipate in the development of the policies of the corporation[.];
(19) A DESCRIPTION OF THE METHOD BY WHICH A SUBSCRIBER MAY SUBMIT A
CLAIM FOR HEALTH CARE SERVICES;
(20) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE:
(A) A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE CORPORATION TO
DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH CARE SERVICES;
(B) A DESCRIPTION OF THE AMOUNT THAT THE CORPORATION WILL REIMBURSE
UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE SERVICES SET FORTH
AS A PERCENTAGE OF THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK
HEALTH CARE SERVICES; AND
(C) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY BILLED
OUT-OF-NETWORK HEALTH CARE SERVICES; AND
(21) INFORMATION IN WRITING AND THROUGH AN INTERNET WEBSITE THAT
REASONABLY PERMITS A SUBSCRIBER OR PROSPECTIVE SUBSCRIBER TO DETERMINE
THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE
SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE
BETWEEN WHAT THE CORPORATION WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH
CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH
CARE SERVICES.
S 9. Paragraphs 11 and 12 of subsection (b) of section 4324 of the
insurance law, as added by chapter 705 of the laws of 1996, are amended
and two new paragraphs 13 and 14 are added to read as follows:
(11) where applicable, provide the written application procedures and
minimum qualification requirements for health care providers to be
considered by the corporation for participation in the corporation's
network for a managed care product; [and]
(12) disclose such other information as required by the superinten-
dent, provided that such requirements are promulgated pursuant to the
state administrative procedure act[.];
(13) DISCLOSE WHETHER A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A
HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND
(14) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE,
DISCLOSE THE DOLLAR AMOUNT THAT THE CORPORATION WILL PAY FOR A SPECIFIC
OUT-OF-NETWORK HEALTH CARE SERVICE.
S 10. Section 4324 of the insurance law is amended by adding a new
subsection (f) to read as follows:
(F) FOR PURPOSES OF THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL
MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH
CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY
AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN THE YEAR TWO
THOUSAND TWELVE IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT
ORGANIZATION SPECIFIED BY THE SUPERINTENDENT. THE NONPROFIT ORGANIZATION
SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION SUBJECT TO THIS
ARTICLE, A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT
TO ARTICLE FORTY-SEVEN OF THIS CHAPTER, OR A HEALTH MAINTENANCE ORGAN-
IZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH
LAW.
S 10-a. Subsection (a) of section 4804 of the insurance law, as added
by chapter 705 of the laws of 1996, is amended to read as follows:
(a) If an insurer offering a managed care product determines that it
does not have a health care provider in the in-network benefits portion
of its network with appropriate training and experience to meet the
particular health care needs of an insured, the insurer shall make a
referral to an appropriate provider, pursuant to a treatment plan
approved by the insurer in consultation with the primary care provider,
S. 6357--C 50
the non-participating provider and the insured or the insured's desig-
nee, at no additional cost to the insured beyond what the insured would
otherwise pay for services received within the network. NOTHING IN THIS
SUBSECTION SHALL BE CONSTRUED TO ENTITLE AN INSURED TO A REFERRAL TO THE
INSURED'S PREFERRED PROVIDER, WHERE THAT PROVIDER IS OUT-OF-NETWORK.
THE PROVISIONS OF THIS SUBSECTION SHALL ONLY APPLY IF THERE IS NO
IN-NETWORK PROVIDER GEOGRAPHICALLY ACCESSIBLE TO THE INSURED WHO HAS THE
APPROPRIATE ESSENTIAL LEVEL OF TRAINING AND EXPERIENCE TO MEET THE
PARTICULAR NEEDS OF THE INSURED.
S 11. Subsection (g-7) of section 4900 of the insurance law is redes-
ignated subsection (g-8) and a new subsection (g-7) is added to read as
follows:
(G-7) "OUT-OF-NETWORK REFERRAL DENIAL" MEANS A DENIAL UNDER A MANAGED
CARE PRODUCT AS DEFINED IN SUBSECTION (C) OF SECTION FOUR THOUSAND EIGHT
HUNDRED ONE OF THIS CHAPTER OF A REQUEST FOR AN AUTHORIZATION OR REFER-
RAL TO AN OUT-OF-NETWORK PROVIDER ON THE BASIS THAT THE HEALTH CARE PLAN
HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK BENEFITS PORTION OF ITS
NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR
HEALTH CARE NEEDS OF AN INSURED, AND WHO IS ABLE TO PROVIDE THE
REQUESTED HEALTH SERVICE. THE NOTICE OF AN OUT-OF-NETWORK REFERRAL
DENIAL PROVIDED TO AN INSURED SHALL INCLUDE INFORMATION EXPLAINING WHAT
INFORMATION THE INSURED MUST SUBMIT IN ORDER TO APPEAL THE OUT-OF-NET-
WORK REFERRAL DENIAL PURSUANT TO SUBSECTION (A-2) OF SECTION FOUR THOU-
SAND NINE HUNDRED FOUR OF THIS ARTICLE. AN OUT-OF-NETWORK REFERRAL
DENIAL UNDER THIS SUBSECTION DOES NOT CONSTITUTE AN ADVERSE DETERMI-
NATION AS DEFINED IN THIS ARTICLE. AN OUT-OF-NETWORK REFERRAL DENIAL
SHALL NOT BE CONSTRUED TO INCLUDE AN OUT-OF-NETWORK DENIAL AS DEFINED IN
SUBSECTION (G-6) OF THIS SECTION.
S 12. Subsection (b) of section 4903 of the insurance law, as amended
by chapter 514 of the laws of 2013, is amended to read as follows:
(b) A utilization review agent shall make a utilization review deter-
mination involving health care services which require pre-authorization
and provide notice of a determination to the insured or insured's desig-
nee and the insured's health care provider by telephone and in writing
within three business days of receipt of the necessary information. To
the extent practicable, such written notification to the enrollee's
health care provider shall be transmitted electronically, in a manner
and in a form agreed upon by the parties. THE NOTIFICATION SHALL IDEN-
TIFY: (1) WHETHER THE SERVICES ARE CONSIDERED IN-NETWORK OR OUT-OF-NET-
WORK; (2) WHETHER THE INSURED WILL BE HELD HARMLESS FOR THE SERVICES AND
NOT BE RESPONSIBLE FOR ANY PAYMENT, OTHER THAN ANY APPLICABLE CO-PAY-
MENT, CO-INSURANCE OR DEDUCTIBLE; (3) AS APPLICABLE, THE DOLLAR AMOUNT
THE HEALTH CARE PLAN WILL PAY IF THE SERVICE IS OUT-OF-NETWORK; AND (4)
AS APPLICABLE, INFORMATION EXPLAINING HOW AN INSURED MAY DETERMINE THE
ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES
IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN
WHAT THE HEALTH CARE PLAN WILL REIMBURSE FOR OUT-OF-NETWORK HEALTH CARE
SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK HEALTH CARE
SERVICES.
S 13. Section 4904 of the insurance law is amended by adding a new
subsection (a-2) to read as follows:
(A-2) AN INSURED OR THE INSURED'S DESIGNEE MAY APPEAL AN OUT-OF-NET-
WORK REFERRAL DENIAL BY A HEALTH CARE PLAN BY SUBMITTING A WRITTEN
STATEMENT FROM THE INSURED'S ATTENDING PHYSICIAN, WHO MUST BE A
LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRAC-
TICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE INSURED
S. 6357--C 51
FOR THE HEALTH SERVICE SOUGHT, PROVIDED THAT: (1) THE IN-NETWORK HEALTH
CARE PROVIDER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT
HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR
HEALTH CARE NEEDS OF THE INSURED FOR THE HEALTH SERVICE; AND (2) RECOM-
MENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPE-
RIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE INSURED, AND WHO
IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE.
S 14. Subsection (b) of section 4910 of the insurance law is amended
by adding a new paragraph 4 to read as follows:
(4)(A) THE INSURED HAS HAD AN OUT-OF-NETWORK REFERRAL DENIED ON THE
GROUNDS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE
IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND
EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED, AND
WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE.
(B) THE INSURED'S ATTENDING PHYSICIAN, WHO SHALL BE A LICENSED, BOARD
CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRACTICE IN THE
SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE INSURED FOR THE
HEALTH SERVICE SOUGHT, CERTIFIES THAT THE IN-NETWORK HEALTH CARE PROVID-
ER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE
APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE
NEEDS OF AN INSURED, AND RECOMMENDS AN OUT-OF-NETWORK PROVIDER WITH THE
APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE
NEEDS OF AN INSURED, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH
SERVICE.
S 15. Paragraph 4 of subsection (b) of section 4914 of the insurance
law is amended by adding a new subparagraph (D) to read as follows:
(D) FOR EXTERNAL APPEALS REQUESTED PURSUANT TO PARAGRAPH FOUR OF
SUBSECTION (B) OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS TITLE
RELATING TO AN OUT-OF-NETWORK REFERRAL DENIAL, THE EXTERNAL APPEAL AGENT
SHALL REVIEW THE UTILIZATION REVIEW AGENT'S FINAL ADVERSE DETERMINATION
AND, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, SHALL MAKE A
DETERMINATION AS TO WHETHER THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED
BY THE HEALTH PLAN; PROVIDED THAT SUCH DETERMINATION SHALL:
(I) BE CONDUCTED ONLY BY ONE OR A GREATER ODD NUMBER OF CLINICAL PEER
REVIEWERS;
(II) BE ACCOMPANIED BY A WRITTEN STATEMENT:
(I) THAT THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH
CARE PLAN EITHER WHEN THE REVIEWER OR A MAJORITY OF THE PANEL OF REVIEW-
ERS DETERMINES, UPON REVIEW OF THE TRAINING AND EXPERIENCE OF THE
IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS PROPOSED BY THE PLAN, THE
TRAINING AND EXPERIENCE OF THE REQUESTED OUT-OF-NETWORK PROVIDER, THE
CLINICAL STANDARDS OF THE PLAN, THE INFORMATION PROVIDED CONCERNING THE
INSURED, THE ATTENDING PHYSICIAN'S RECOMMENDATION, THE INSURED'S MEDICAL
RECORD, AND ANY OTHER PERTINENT INFORMATION, THAT THE HEALTH PLAN DOES
NOT HAVE A PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET
THE PARTICULAR HEALTH CARE NEEDS OF AN INSURED WHO IS ABLE TO PROVIDE
THE REQUESTED HEALTH SERVICE, AND THAT THE OUT-OF-NETWORK PROVIDER HAS
THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH
CARE NEEDS OF AN INSURED, IS ABLE TO PROVIDE THE REQUESTED HEALTH
SERVICE, AND IS LIKELY TO PRODUCE A MORE CLINICALLY BENEFICIAL OUTCOME;
OR
(II) UPHOLDING THE HEALTH PLAN'S DENIAL OF COVERAGE;
(III) BE SUBJECT TO THE TERMS AND CONDITIONS GENERALLY APPLICABLE TO
BENEFITS UNDER THE EVIDENCE OF COVERAGE UNDER THE HEALTH CARE PLAN;
(IV) BE BINDING ON THE PLAN AND THE INSURED; AND
(V) BE ADMISSIBLE IN ANY COURT PROCEEDING.
S. 6357--C 52
S 16. Intentionally omitted.
S 17. The public health law is amended by adding a new section 24 to
read as follows:
S 24. DISCLOSURE. 1. A HEALTH CARE PROFESSIONAL SHALL DISCLOSE TO
PATIENTS OR PROSPECTIVE PATIENTS IN WRITING OR THROUGH AN INTERNET
WEBSITE THE HEALTH CARE PLANS IN WHICH THE HEALTH CARE PROFESSIONAL IS A
PARTICIPATING PROVIDER AND THE HOSPITALS WITH WHICH THE HEALTH CARE
PROFESSIONAL IS AFFILIATED PRIOR TO THE PROVISION OF NON-EMERGENCY
SERVICES AND VERBALLY AT THE TIME AN APPOINTMENT IS SCHEDULED.
2. IF A HEALTH CARE PROFESSIONAL DOES NOT PARTICIPATE IN THE NETWORK
OF A PATIENT'S OR PROSPECTIVE PATIENT'S HEALTH CARE PLAN, THE HEALTH
CARE PROFESSIONAL SHALL: (A) PRIOR TO THE PROVISION OF NON-EMERGENCY
SERVICES, INFORM A PATIENT OR PROSPECTIVE PATIENT THAT THE AMOUNT OR
ESTIMATED AMOUNT THE HEALTH CARE PROFESSIONAL WILL BILL THE PATIENT FOR
HEALTH CARE SERVICES IS AVAILABLE UPON REQUEST; AND (B) UPON RECEIPT OF
A REQUEST FROM A PATIENT OR PROSPECTIVE PATIENT, DISCLOSE TO THE PATIENT
OR PROSPECTIVE PATIENT IN WRITING THE AMOUNT OR ESTIMATED AMOUNT THE
HEALTH CARE PROFESSIONAL WILL BILL THE PATIENT OR PROSPECTIVE PATIENT
FOR HEALTH CARE SERVICES PROVIDED OR ANTICIPATED TO BE PROVIDED TO THE
PATIENT OR PROSPECTIVE PATIENT ABSENT UNFORESEEN MEDICAL CIRCUMSTANCES
THAT MAY ARISE WHEN THE HEALTH CARE SERVICES ARE PROVIDED.
3. A HEALTH CARE PROFESSIONAL WHO IS A PHYSICIAN SHALL PROVIDE A
PATIENT OR PROSPECTIVE PATIENT WITH THE NAME, PRACTICE NAME, MAILING
ADDRESS, AND TELEPHONE NUMBER OF ANY HEALTH CARE PROVIDER SCHEDULED TO
PERFORM ANESTHESIOLOGY, LABORATORY, PATHOLOGY, RADIOLOGY OR ASSISTANT
SURGEON SERVICES IN CONNECTION WITH CARE TO BE PROVIDED IN THE PHYSI-
CIAN'S OFFICE FOR THE PATIENT OR COORDINATED OR REFERRED BY THE PHYSI-
CIAN FOR THE PATIENT PRIOR TO THE PROVISION OF SERVICES.
4. A HEALTH CARE PROFESSIONAL WHO IS A PHYSICIAN SHALL, FOR A
PATIENT'S SCHEDULED HOSPITAL ADMISSION OR SCHEDULED OUTPATIENT HOSPITAL
SERVICES, PROVIDE A PATIENT AND THE HOSPITAL WITH THE NAME, PRACTICE
NAME, MAILING ADDRESS AND TELEPHONE NUMBER OF ANY OTHER PHYSICIAN WHOSE
SERVICES WILL BE ARRANGED BY THE PHYSICIAN AND ARE SCHEDULED AT THE TIME
OF THE PRE-ADMISSION TESTING, REGISTRATION OR ADMISSION PRIOR TO THE
PROVISION OF SERVICES; AND INFORMATION AS TO HOW TO DETERMINE THE
HEALTHCARE PLANS IN WHICH THE PHYSICIAN PARTICIPATES.
5. A HOSPITAL SHALL ESTABLISH, UPDATE AND MAKE PUBLIC THROUGH POSTING
ON THE HOSPITAL'S WEBSITE, TO THE EXTENT REQUIRED BY FEDERAL GUIDELINES,
A LIST OF THE HOSPITAL'S STANDARD CHARGES FOR ITEMS AND SERVICES
PROVIDED BY THE HOSPITAL, INCLUDING FOR DIAGNOSIS-RELATED GROUPS ESTAB-
LISHED UNDER SECTION 1886(D)(4) OF THE FEDERAL SOCIAL SECURITY ACT.
6. A HOSPITAL SHALL POST ON THE HOSPITAL'S WEBSITE: (A) THE HEALTH
CARE PLANS IN WHICH THE HOSPITAL IS A PARTICIPATING PROVIDER; (B) A
STATEMENT THAT (I) PHYSICIAN SERVICES PROVIDED IN THE HOSPITAL ARE NOT
INCLUDED IN THE HOSPITAL'S CHARGES; (II) PHYSICIANS WHO PROVIDE SERVICES
IN THE HOSPITAL MAY OR MAY NOT PARTICIPATE WITH THE SAME HEALTH CARE
PLANS AS THE HOSPITAL, AND; (III) THE PROSPECTIVE PATIENT SHOULD CHECK
WITH THE PHYSICIAN ARRANGING FOR THE HOSPITAL SERVICES TO DETERMINE THE
HEALTH CARE PLANS IN WHICH THE PHYSICIAN PARTICIPATES; (C) AS APPLICA-
BLE, THE NAME, MAILING ADDRESS AND TELEPHONE NUMBER OF THE PHYSICIAN
GROUPS THAT THE HOSPITAL HAS CONTRACTED WITH TO PROVIDE SERVICES INCLUD-
ING ANESTHESIOLOGY, PATHOLOGY OR RADIOLOGY, AND INSTRUCTIONS HOW TO
CONTACT THESE GROUPS TO DETERMINE THE HEALTH CARE PLAN PARTICIPATION OF
THE PHYSICIANS IN THESE GROUPS; AND (D) AS APPLICABLE, THE NAME, MAILING
ADDRESS, AND TELEPHONE NUMBER OF PHYSICIANS EMPLOYED BY THE HOSPITAL AND
S. 6357--C 53
WHOSE SERVICES MAY BE PROVIDED AT THE HOSPITAL, AND THE HEALTH CARE
PLANS IN WHICH THEY PARTICIPATE.
7. IN REGISTRATION OR ADMISSION MATERIALS PROVIDED IN ADVANCE OF NON-
EMERGENCY HOSPITAL SERVICES, A HOSPITAL SHALL: (A) ADVISE THE PATIENT OR
PROSPECTIVE PATIENT TO CHECK WITH THE PHYSICIAN ARRANGING THE HOSPITAL
SERVICES TO DETERMINE: (I) THE NAME, PRACTICE NAME, MAILING ADDRESS AND
TELEPHONE NUMBER OF ANY OTHER PHYSICIAN WHOSE SERVICES WILL BE ARRANGED
BY THE PHYSICIAN; AND (II) WHETHER THE SERVICES OF PHYSICIANS WHO ARE
EMPLOYED OR CONTRACTED BY THE HOSPITAL TO PROVIDE SERVICES INCLUDING
ANESTHESIOLOGY, PATHOLOGY AND/OR RADIOLOGY ARE REASONABLY ANTICIPATED TO
BE PROVIDED TO THE PATIENT; AND (B) PROVIDE PATIENTS OR PROSPECTIVE
PATIENTS WITH INFORMATION AS TO HOW TO TIMELY DETERMINE THE HEALTH CARE
PLANS PARTICIPATED IN BY PHYSICIANS WHO ARE REASONABLY ANTICIPATED TO
PROVIDE SERVICES TO THE PATIENT AT THE HOSPITAL, AS DETERMINED BY THE
PHYSICIAN ARRANGING THE PATIENT'S HOSPITAL SERVICES, AND WHO ARE EMPLOY-
EES OF THE HOSPITAL OR CONTRACTED BY THE HOSPITAL TO PROVIDE SERVICES
INCLUDING ANESTHESIOLOGY, RADIOLOGY AND/OR PATHOLOGY.
8. FOR PURPOSES OF THIS SUBDIVISION:
(A) "HEALTH CARE PLAN" MEANS A HEALTH INSURER INCLUDING AN INSURER
LICENSED TO WRITE ACCIDENT AND HEALTH INSURANCE SUBJECT TO ARTICLE THIR-
TY-TWO OF THE INSURANCE LAW; A CORPORATION ORGANIZED PURSUANT TO ARTICLE
FORTY-THREE OF THE INSURANCE LAW; A MUNICIPAL COOPERATIVE HEALTH BENEFIT
PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF THE INSURANCE LAW; A
HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR
OF THIS CHAPTER; A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSU-
ANT TO SECTION ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW
OR A SELF-FUNDED EMPLOYEE WELFARE BENEFIT PLAN.
(B) "HEALTH CARE PROFESSIONAL" MEANS AN APPROPRIATELY LICENSED, REGIS-
TERED OR CERTIFIED HEALTH CARE PROFESSIONAL PURSUANT TO TITLE EIGHT OF
THE EDUCATION LAW.
S 17-a. Paragraph (a) of subdivision 6 of section 4403 of the public
health law, as added by chapter 705 of the laws of 1996, is amended to
read as follows:
(a) If a health maintenance organization determines that it does not
have a health care provider with appropriate training and experience in
its panel or network to meet the particular health care needs of an
enrollee, the health maintenance organization shall make a referral to
an appropriate provider, pursuant to a treatment plan approved by the
health maintenance organization in consultation with the primary care
provider, the non-participating provider and the enrollee or enrollee's
designee, at no additional cost to the enrollee beyond what the enrollee
would otherwise pay for services received within the network. NOTHING IN
THIS PARAGRAPH SHALL BE CONSTRUED TO ENTITLE AN ENROLLEE TO A REFERRAL
TO THE ENROLLEE'S PREFERRED PROVIDER, WHERE THAT PROVIDER IS OUT-OF-NET-
WORK. THE PROVISIONS OF THIS PARAGRAPH SHALL ONLY APPLY IF THERE IS NO
IN-NETWORK PROVIDER GEOGRAPHICALLY ACCESSIBLE TO THE ENROLLEE WHO HAS
THE APPROPRIATE ESSENTIAL LEVEL OF TRAINING AND EXPERIENCE TO MEET THE
PARTICULAR NEEDS OF THE ENROLLEE.
S 18. Paragraphs (k), (p-1), (q) and (r) of subdivision 1 of section
4408 of the public health law, paragraphs (k), (q) and (r) as added by
chapter 705 of the laws of 1996, and paragraph (p-1) as added by chapter
554 of the laws of 2002, are amended and three new paragraphs (s), (t)
and (u) are added to read as follows:
(k) notice that an enrollee may obtain a referral to a health care
provider outside of the health maintenance organization's network or
panel when the health maintenance organization does not have a health
S. 6357--C 54
care provider [with] WHO IS GEOGRAPHICALLY ACCESSIBLE TO THE ENROLLEE
AND WHO HAS appropriate ESSENTIAL LEVEL OF training and experience in
the network or panel to meet the particular health care needs of the
enrollee and the procedure by which the enrollee can obtain such refer-
ral;
(p-1) notice that an enrollee shall have direct access to primary and
preventive obstetric and gynecologic services, INCLUDING ANNUAL EXAMINA-
TIONS, CARE RESULTING FROM SUCH ANNUAL EXAMINATIONS, AND TREATMENT OF
ACUTE GYNECOLOGIC CONDITIONS, from a qualified provider of such services
of her choice from within the plan [for no fewer than two examinations
annually for such services] or [to] FOR any care related to A pregnancy
[and that additionally, the enrollee shall have direct access to primary
and preventive obstetric and gynecologic services required as a result
of such annual examinations or as a result of an acute gynecologic
condition];
(q) notice of all appropriate mailing addresses and telephone numbers
to be utilized by enrollees seeking information or authorization; [and]
(r) a listing by specialty, which may be in a separate document that
is updated annually, of the name, address and telephone number of all
participating providers, including facilities, and, in addition, in the
case of physicians, board certification[.], LANGUAGES SPOKEN AND ANY
AFFILIATIONS WITH PARTICIPATING HOSPITALS. THE LISTING SHALL ALSO BE
POSTED ON THE HEALTH MAINTENANCE ORGANIZATION'S WEBSITE AND THE HEALTH
MAINTENANCE ORGANIZATION SHALL UPDATE THE WEBSITE WITHIN FIFTEEN DAYS OF
THE ADDITION OR TERMINATION OF A PROVIDER FROM THE HEALTH MAINTENANCE
ORGANIZATION'S NETWORK OR A CHANGE IN A PHYSICIAN'S HOSPITAL AFFIL-
IATION;
(S) WHERE APPLICABLE, A DESCRIPTION OF THE METHOD BY WHICH AN ENROLLEE
MAY SUBMIT A CLAIM FOR HEALTH CARE SERVICES;
(T) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE:
(I) A CLEAR DESCRIPTION OF THE METHODOLOGY USED BY THE HEALTH MAINTE-
NANCE ORGANIZATION TO DETERMINE REIMBURSEMENT FOR OUT-OF-NETWORK HEALTH
CARE SERVICES;
(II) A DESCRIPTION OF THE AMOUNT THAT THE HEALTH MAINTENANCE ORGANIZA-
TION WILL REIMBURSE UNDER THE METHODOLOGY FOR OUT-OF-NETWORK HEALTH CARE
SERVICES SET FORTH AS A PERCENTAGE OF THE USUAL AND CUSTOMARY COST FOR
OUT-OF-NETWORK HEALTH CARE SERVICES;
(III) EXAMPLES OF ANTICIPATED OUT-OF-POCKET COSTS FOR FREQUENTLY
BILLED OUT-OF-NETWORK HEALTH CARE SERVICES; AND
(U) INFORMATION IN WRITING AND THROUGH AN INTERNET WEBSITE THAT
REASONABLY PERMITS AN ENROLLEE OR PROSPECTIVE ENROLLEE TO DETERMINE THE
ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE SERVICES
IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE BETWEEN
WHAT THE HEALTH MAINTENANCE ORGANIZATION WILL REIMBURSE FOR OUT-OF-NET-
WORK HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR
OUT-OF-NETWORK HEALTH CARE SERVICES.
S 19. Paragraphs (k) and (l) of subdivision 2 of section 4408 of the
public health law, as added by chapter 705 of the laws of 1996, are
amended and two new paragraphs (m) and (n) are added to read as follows:
(k) provide the written application procedures and minimum qualifica-
tion requirements for health care providers to be considered by the
health maintenance organization; [and]
(1) disclose other information as required by the commissioner,
provided that such requirements are promulgated pursuant to the state
administrative procedure act[.];
S. 6357--C 55
(M) DISCLOSE WHETHER A HEALTH CARE PROVIDER SCHEDULED TO PROVIDE A
HEALTH CARE SERVICE IS AN IN-NETWORK PROVIDER; AND
(N) WHERE APPLICABLE, WITH RESPECT TO OUT-OF-NETWORK COVERAGE,
DISCLOSE THE DOLLAR AMOUNT THAT THE HEALTH MAINTENANCE ORGANIZATION WILL
PAY FOR A SPECIFIC OUT-OF-NETWORK HEALTH CARE SERVICE.
S 20. Section 4408 of the public health law is amended by adding a new
subdivision 7 to read as follows:
7. FOR PURPOSES OF THIS SECTION, "USUAL AND CUSTOMARY COST" SHALL
MEAN THE EIGHTIETH PERCENTILE OF ALL CHARGES FOR THE PARTICULAR HEALTH
CARE SERVICE PERFORMED BY A PROVIDER IN THE SAME OR SIMILAR SPECIALTY
AND PROVIDED IN THE SAME GEOGRAPHICAL AREA AS REPORTED IN TWO THOUSAND
TWELVE IN A BENCHMARKING DATABASE MAINTAINED BY A NONPROFIT ORGANIZATION
SPECIFIED BY THE SUPERINTENDENT OF FINANCIAL SERVICES. THE NONPROFIT
ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSURER, A CORPORATION
SUBJECT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW, A MUNICIPAL COOPER-
ATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE FORTY-SEVEN OF
THE INSURANCE LAW, OR A HEALTH MAINTENANCE ORGANIZATION CERTIFIED PURSU-
ANT TO THIS ARTICLE.
S 21. Subdivision 7-g of section 4900 of the public health law is
renumbered subdivision 7-h and a new subdivision 7-g is added to read as
follows:
7-G. "OUT-OF-NETWORK REFERRAL DENIAL" MEANS A DENIAL OF A REQUEST FOR
AN AUTHORIZATION OR REFERRAL TO AN OUT-OF-NETWORK PROVIDER ON THE BASIS
THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE IN-NETWORK
BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND EXPERIENCE
TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND WHO IS ABLE
TO PROVIDE THE REQUESTED HEALTH SERVICE. THE NOTICE OF AN OUT-OF-NETWORK
REFERRAL DENIAL PROVIDED TO AN ENROLLEE SHALL INCLUDE INFORMATION
EXPLAINING WHAT INFORMATION THE ENROLLEE MUST SUBMIT IN ORDER TO APPEAL
THE OUT-OF-NETWORK REFERRAL DENIAL PURSUANT TO SUBDIVISION ONE-B OF
SECTION FOUR THOUSAND NINE HUNDRED FOUR OF THIS ARTICLE. AN OUT-OF-NET-
WORK REFERRAL DENIAL UNDER THIS SUBDIVISION DOES NOT CONSTITUTE AN
ADVERSE DETERMINATION AS DEFINED IN THIS ARTICLE. AN OUT-OF-NETWORK
REFERRAL DENIAL SHALL NOT BE CONSTRUED TO INCLUDE AN OUT-OF-NETWORK
DENIAL AS DEFINED IN SUBDIVISION SEVEN-F OF THIS SECTION.
S 22. Subdivision 2 of section 4903 of the public health law, as
amended by chapter 514 of the laws of 2013, is amended to read as
follows:
2. A utilization review agent shall make a utilization review determi-
nation involving health care services which require pre-authorization
and provide notice of a determination to the enrollee or enrollee's
designee and the enrollee's health care provider by telephone and in
writing within three business days of receipt of the necessary informa-
tion. To the extent practicable, such written notification to the
enrollee's health care provider shall be transmitted electronically, in
a manner and in a form agreed upon by the parties. THE NOTIFICATION
SHALL IDENTIFY; (A) WHETHER THE SERVICES ARE CONSIDERED IN-NETWORK OR
OUT-OF-NETWORK; (B) AND WHETHER THE ENROLLEE WILL BE HELD HARMLESS FOR
THE SERVICES AND NOT BE RESPONSIBLE FOR ANY PAYMENT, OTHER THAN ANY
APPLICABLE CO-PAYMENT OR CO-INSURANCE; (C) AS APPLICABLE, THE DOLLAR
AMOUNT THE HEALTH CARE PLAN WILL PAY IF THE SERVICE IS OUT-OF-NETWORK;
AND (D) AS APPLICABLE, INFORMATION EXPLAINING HOW AN ENROLLEE MAY DETER-
MINE THE ANTICIPATED OUT-OF-POCKET COST FOR OUT-OF-NETWORK HEALTH CARE
SERVICES IN A GEOGRAPHICAL AREA OR ZIP CODE BASED UPON THE DIFFERENCE
BETWEEN WHAT THE HEALTH CARE PLAN WILL REIMBURSE FOR OUT-OF-NETWORK
S. 6357--C 56
HEALTH CARE SERVICES AND THE USUAL AND CUSTOMARY COST FOR OUT-OF-NETWORK
HEALTH CARE SERVICES.
S 23. Section 4904 of the public health law is amended by adding a new
subdivision 1-b to read as follows:
1-B. AN ENROLLEE OR THE ENROLLEE'S DESIGNEE MAY APPEAL A DENIAL OF AN
OUT-OF-NETWORK REFERRAL BY A HEALTH CARE PLAN BY SUBMITTING A WRITTEN
STATEMENT FROM THE ENROLLEE'S ATTENDING PHYSICIAN, WHO MUST BE A
LICENSED, BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRAC-
TICE IN THE SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE ENROLLEE
FOR THE HEALTH SERVICE SOUGHT, PROVIDED THAT: (A) THE IN-NETWORK HEALTH
CARE PROVIDER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT
HAVE THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR
HEALTH CARE NEEDS OF THE ENROLLEE FOR THE HEALTH SERVICE; AND (B) RECOM-
MENDS AN OUT-OF-NETWORK PROVIDER WITH THE APPROPRIATE TRAINING AND EXPE-
RIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF THE ENROLLEE, AND WHO
IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE.
S 24. Subdivision 2 of section 4910 of the public health law is
amended by adding a new paragraph (d) to read as follows:
(D)(I) THE ENROLLEE HAS HAD AN OUT-OF-NETWORK REFERRAL DENIED ON THE
GROUNDS THAT THE HEALTH CARE PLAN HAS A HEALTH CARE PROVIDER IN THE
IN-NETWORK BENEFITS PORTION OF ITS NETWORK WITH APPROPRIATE TRAINING AND
EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE, AND
WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH SERVICE.
(II) THE ENROLLEE'S ATTENDING PHYSICIAN, WHO SHALL BE A LICENSED,
BOARD CERTIFIED OR BOARD ELIGIBLE PHYSICIAN QUALIFIED TO PRACTICE IN THE
SPECIALTY AREA OF PRACTICE APPROPRIATE TO TREAT THE ENROLLEE FOR THE
HEALTH SERVICE SOUGHT, CERTIFIES THAT THE IN-NETWORK HEALTH CARE PROVID-
ER OR PROVIDERS RECOMMENDED BY THE HEALTH CARE PLAN DO NOT HAVE THE
APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE
NEEDS OF AN ENROLLEE, AND RECOMMENDS AN OUT-OF-NETWORK PROVIDER WITH THE
APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTICULAR HEALTH CARE
NEEDS OF AN ENROLLEE, AND WHO IS ABLE TO PROVIDE THE REQUESTED HEALTH
SERVICE.
S 25. Paragraph (d) of subdivision 2 of section 4914 of the public
health law is amended by adding a new subparagraph (D) to read as
follows:
(D) FOR EXTERNAL APPEALS REQUESTED PURSUANT TO PARAGRAPH (D) OF SUBDI-
VISION TWO OF SECTION FOUR THOUSAND NINE HUNDRED TEN OF THIS TITLE
RELATING TO AN OUT-OF-NETWORK REFERRAL DENIAL, THE EXTERNAL APPEAL AGENT
SHALL REVIEW THE UTILIZATION REVIEW AGENT'S FINAL ADVERSE DETERMINATION
AND, IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE, SHALL MAKE A
DETERMINATION AS TO WHETHER THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED
BY THE HEALTH PLAN; PROVIDED THAT SUCH DETERMINATION SHALL:
(I) BE CONDUCTED ONLY BY ONE OR A GREATER ODD NUMBER OF CLINICAL PEER
REVIEWERS;
(II) BE ACCOMPANIED BY A WRITTEN STATEMENT:
(1) THAT THE OUT-OF-NETWORK REFERRAL SHALL BE COVERED BY THE HEALTH
CARE PLAN EITHER WHEN THE REVIEWER OR A MAJORITY OF THE PANEL OF REVIEW-
ERS DETERMINES, UPON REVIEW OF THE TRAINING AND EXPERIENCE OF THE
IN-NETWORK HEALTH CARE PROVIDER OR PROVIDERS PROPOSED BY THE PLAN, THE
TRAINING AND EXPERIENCE OF THE REQUESTED OUT-OF-NETWORK PROVIDER, THE
CLINICAL STANDARDS OF THE PLAN, THE INFORMATION PROVIDED CONCERNING THE
ENROLLEE, THE ATTENDING PHYSICIAN'S RECOMMENDATION, THE ENROLLEE'S
MEDICAL RECORD, AND ANY OTHER PERTINENT INFORMATION, THAT THE HEALTH
PLAN DOES NOT HAVE A PROVIDER WITH THE APPROPRIATE TRAINING AND EXPERI-
ENCE TO MEET THE PARTICULAR HEALTH CARE NEEDS OF AN ENROLLEE WHO IS ABLE
S. 6357--C 57
TO PROVIDE THE REQUESTED HEALTH SERVICE, AND THAT THE OUT-OF-NETWORK
PROVIDER HAS THE APPROPRIATE TRAINING AND EXPERIENCE TO MEET THE PARTIC-
ULAR HEALTH CARE NEEDS OF AN ENROLLEE, IS ABLE TO PROVIDE THE REQUESTED
HEALTH SERVICE, AND IS LIKELY TO PRODUCE A MORE CLINICALLY BENEFICIAL
OUTCOME; OR
(2) UPHOLDING THE HEALTH PLAN'S DENIAL OF COVERAGE;
(III) BE SUBJECT TO THE TERMS AND CONDITIONS GENERALLY APPLICABLE TO
BENEFITS UNDER THE EVIDENCE OF COVERAGE UNDER THE HEALTH CARE PLAN;
(IV) BE BINDING ON THE PLAN AND THE ENROLLEE; AND
(V) BE ADMISSIBLE IN ANY COURT PROCEEDING.
S 26. The financial services law is amended by adding a new article 6
to read as follows:
ARTICLE 6
EMERGENCY MEDICAL SERVICES AND SURPRISE BILLS
SECTION 601. DISPUTE RESOLUTION PROCESS ESTABLISHED.
602. APPLICABILITY.
603. DEFINITIONS.
604. CRITERIA FOR DETERMINING A REASONABLE FEE.
605. DISPUTE RESOLUTION FOR EMERGENCY SERVICES.
606. HOLD HARMLESS AND ASSIGNMENT OF BENEFITS FOR SURPRISE BILLS
FOR INSUREDS.
607. DISPUTE RESOLUTION FOR SURPRISE BILLS.
608. PAYMENT FOR INDEPENDENT DISPUTE RESOLUTION ENTITY.
S 601. DISPUTE RESOLUTION PROCESS ESTABLISHED. THE SUPERINTENDENT
SHALL ESTABLISH A DISPUTE RESOLUTION PROCESS BY WHICH A DISPUTE FOR A
BILL FOR EMERGENCY SERVICES OR A SURPRISE BILL MAY BE RESOLVED. THE
SUPERINTENDENT SHALL HAVE THE POWER TO GRANT AND REVOKE CERTIFICATIONS
OF INDEPENDENT DISPUTE RESOLUTION ENTITIES TO CONDUCT THE DISPUTE RESOL-
UTION PROCESS. THE SUPERINTENDENT SHALL PROMULGATE REGULATIONS ESTAB-
LISHING STANDARDS FOR THE DISPUTE RESOLUTION PROCESS, INCLUDING A PROC-
ESS FOR CERTIFYING AND SELECTING INDEPENDENT DISPUTE RESOLUTION
ENTITIES. SUCH INDEPENDENT DISPUTE RESOLUTION ENTITIES MUST UTILIZE
PHYSICIANS LICENSED AND IN ACTIVE PRACTICE IN THIS STATE PRACTICING IN
THE SAME OR SIMILAR SPECIALTY AS THE PHYSICIAN PROVIDING THE CARE THAT
IS SUBJECT OF THE BILL FOR EMERGENCY SERVICES OR A SURPRISE BILL.
S 602. APPLICABILITY. THIS ARTICLE SHALL NOT APPLY TO HEALTH CARE
SERVICES, INCLUDING EMERGENCY SERVICES, WHERE PHYSICIAN FEES ARE SUBJECT
TO SCHEDULES OR OTHER MONETARY LIMITATIONS UNDER ANY OTHER LAW, INCLUD-
ING THE WORKERS' COMPENSATION LAW AND ARTICLE FIFTY-ONE OF THE INSURANCE
LAW, AND SHALL NOT PREEMPT ANY SUCH LAW. THIS ARTICLE SHALL NOT APPLY
TO A HEALTH CARE SERVICE THAT IS BILLED AS SET FORTH IN PROCEDURE CODES
99281 THROUGH 99285, 99288, 99291 THROUGH 99292, 99217 THROUGH 99220,
99224 THROUGH 99226, AND 99234 THROUGH 99236 IN THE CURRENT VERSION OF
THE AMERICAN MEDICAL ASSOCIATION'S PROCEDURAL TERMINOLOGY (CPT) CODES
WHEN PROVIDED BY A QUALIFIED EMERGENCY PHYSICIAN IN A HOSPITAL EMERGENCY
DEPARTMENT WHERE THE PHYSICIAN'S CHARGE IS UNDER ONE THOUSAND TWO
HUNDRED DOLLARS ADJUSTED ANNUALLY FOR INFLATION BY THE MEDICAL CARE
COMMODITIES AND MEDICAL CARE SERVICES COMPONENTS OF THE CONSUMER PRICE
INDEX, AFTER ANY APPLICABLE CO-INSURANCE, CO-PAYMENT AND DEDUCTIBLE.
S 603. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
(A) "EMERGENCY CONDITION" MEANS A MEDICAL OR BEHAVIORAL CONDITION THAT
MANIFESTS ITSELF BY ACUTE SYMPTOMS OF SUFFICIENT SEVERITY, INCLUDING
SEVERE PAIN, SUCH THAT A PRUDENT LAYPERSON, POSSESSING AN AVERAGE KNOW-
LEDGE OF MEDICINE AND HEALTH, COULD REASONABLY EXPECT THE ABSENCE OF
IMMEDIATE MEDICAL ATTENTION TO RESULT IN : (1) PLACING THE HEALTH OF THE
PERSON AFFLICTED WITH SUCH CONDITION IN SERIOUS JEOPARDY, OR IN THE CASE
S. 6357--C 58
OF A BEHAVIORAL CONDITION PLACING THE HEALTH OF SUCH PERSON OR OTHERS IN
SERIOUS JEOPARDY; (2) SERIOUS IMPAIRMENT TO SUCH PERSON'S BODILY FUNC-
TIONS; (3) SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART OF SUCH
PERSON; (4) SERIOUS DISFIGUREMENT OF SUCH PERSON; OR (5) A CONDITION
DESCRIBED IN CLAUSE (I), (II) OR (III) OF SECTION 1867(E)(1)(A) OF THE
SOCIAL SECURITY ACT 42 U.S.C. S 1395DD.
(B) "EMERGENCY SERVICES" MEANS, WITH RESPECT TO AN EMERGENCY CONDI-
TION: (1) A MEDICAL SCREENING EXAMINATION AS REQUIRED UNDER SECTION 1867
OF THE SOCIAL SECURITY ACT, 42 U.S.C. S 1395DD, WHICH IS WITHIN THE
CAPABILITY OF THE EMERGENCY DEPARTMENT OF A HOSPITAL, INCLUDING ANCIL-
LARY SERVICES ROUTINELY AVAILABLE TO THE EMERGENCY DEPARTMENT TO EVALU-
ATE SUCH EMERGENCY MEDICAL CONDITION; AND (2) WITHIN THE CAPABILITIES OF
THE STAFF AND FACILITIES AVAILABLE AT THE HOSPITAL, SUCH FURTHER MEDICAL
EXAMINATION AND TREATMENT AS ARE REQUIRED UNDER SECTION 1867 OF THE
SOCIAL SECURITY ACT, 42 U.S.C. S 1395DD, TO STABILIZE THE PATIENT.
(C) "HEALTH CARE PLAN" MEANS AN INSURER LICENSED TO WRITE ACCIDENT AND
HEALTH INSURANCE PURSUANT TO ARTICLE THIRTY-TWO OF THE INSURANCE LAW; A
CORPORATION ORGANIZED PURSUANT TO ARTICLE FORTY-THREE OF THE INSURANCE
LAW; A MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO
ARTICLE FORTY-SEVEN OF THE INSURANCE LAW; A HEALTH MAINTENANCE ORGANIZA-
TION CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW;
OR A STUDENT HEALTH PLAN ESTABLISHED OR MAINTAINED PURSUANT TO SECTION
ONE THOUSAND ONE HUNDRED TWENTY-FOUR OF THE INSURANCE LAW.
(D) "INSURED" MEANS A PATIENT COVERED UNDER A HEALTH CARE PLAN'S POLI-
CY OR CONTRACT.
(E) "NON-PARTICIPATING" MEANS NOT HAVING A CONTRACT WITH A HEALTH CARE
PLAN TO PROVIDE HEALTH CARE SERVICES TO AN INSURED.
(F) "PARTICIPATING" MEANS HAVING A CONTRACT WITH A HEALTH CARE PLAN TO
PROVIDE HEALTH CARE SERVICES TO AN INSURED.
(G) "PATIENT" MEANS A PERSON WHO RECEIVES HEALTH CARE SERVICES,
INCLUDING EMERGENCY SERVICES, IN THIS STATE.
(H) "SURPRISE BILL" MEANS A BILL FOR HEALTH CARE SERVICES, OTHER THAN
EMERGENCY SERVICES, RECEIVED BY:
(1) AN INSURED FOR SERVICES RENDERED BY A NON-PARTICIPATING PHYSICIAN
AT A PARTICIPATING HOSPITAL OR AMBULATORY SURGICAL CENTER, WHERE A
PARTICIPATING PHYSICIAN WITH THE APPROPRIATE ESSENTIAL LEVEL OF TRAINING
AND EXPERIENCE IS UNAVAILABLE AT THE TIME THE HEALTH CARE SERVICES ARE
RENDERED; PROVIDED, HOWEVER, THAT A SURPRISE BILL SHALL NOT MEAN A BILL
RECEIVED FOR HEALTH CARE SERVICES WHEN A PARTICIPATING PHYSICIAN WITH
THE APPROPRIATE ESSENTIAL LEVEL OF TRAINING AND EXPERIENCE IS AVAILABLE
AND THE INSURED HAS BEEN INFORMED OF SUCH AVAILABILITY AND HAS ELECTED
TO OBTAIN SERVICES FROM A NON-PARTICIPATING PHYSICIAN; OR
(2) AN INSURED FOR SERVICES RENDERED BY A NON-PARTICIPATING PROVIDER,
WHERE THE SERVICES WERE REFERRED BY A PARTICIPATING PROVIDER WITHOUT
EXPLICIT WRITTEN CONSENT OF THE PATIENT ACKNOWLEDGING THAT THE REFERRAL
MAY RESULT IN COSTS NOT COVERED BY THEIR HEALTH CARE PLAN; OR
(3) A PATIENT WHO IS NOT AN INSURED FOR SERVICES RENDERED BY A PHYSI-
CIAN AT A HOSPITAL OR AMBULATORY SURGICAL CENTER, WHERE THE PATIENT HAS
NOT TIMELY RECEIVED ALL OF THE DISCLOSURES REQUIRED PURSUANT TO SECTION
TWENTY-FOUR OF THE PUBLIC HEALTH LAW.
(I) "USUAL AND CUSTOMARY COST" MEANS THE EIGHTIETH PERCENTILE OF ALL
CHARGES FOR THE PARTICULAR HEALTH CARE SERVICE PERFORMED BY A PROVIDER
IN THE SAME OR SIMILAR SPECIALTY AND PROVIDED IN THE SAME GEOGRAPHICAL
AREA AS REPORTED IN THE YEAR TWO THOUSAND TWELVE IN A BENCHMARKING DATA-
BASE MAINTAINED BY A NONPROFIT ORGANIZATION SPECIFIED BY THE SUPERINTEN-
DENT. THE NONPROFIT ORGANIZATION SHALL NOT BE AFFILIATED WITH AN INSUR-
S. 6357--C 59
ER, A CORPORATION SUBJECT TO ARTICLE FORTY-THREE OF THE INSURANCE LAW, A
MUNICIPAL COOPERATIVE HEALTH BENEFIT PLAN CERTIFIED PURSUANT TO ARTICLE
FORTY-SEVEN OF THE INSURANCE LAW, OR A HEALTH MAINTENANCE ORGANIZATION
CERTIFIED PURSUANT TO ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW.
S 604. CRITERIA FOR DETERMINING A REASONABLE FEE. IN DETERMINING THE
APPROPRIATE AMOUNT TO PAY FOR A HEALTH CARE SERVICE, AN INDEPENDENT
DISPUTE RESOLUTION ENTITY SHALL CONSIDER ALL RELEVANT FACTORS, INCLUD-
ING:
(A) WHETHER THERE IS A GROSS DISPARITY BETWEEN THE FEE CHARGED BY THE
PHYSICIAN FOR SERVICES RENDERED AS COMPARED TO:
(1) FEES PAID TO THE INVOLVED PHYSICIAN FOR THE SAME SERVICES RENDERED
BY THE PHYSICIAN TO OTHER PATIENTS IN HEALTH CARE PLANS IN WHICH THE
PHYSICIAN IS NOT PARTICIPATING, AND
(2) IN THE CASE OF A DISPUTE INVOLVING A HEALTH CARE PLAN, FEES PAID
BY THE HEALTH CARE PLAN TO REIMBURSE SIMILARLY QUALIFIED PHYSICIANS FOR
THE SAME SERVICES IN THE SAME REGION WHO ARE NOT PARTICIPATING WITH THE
HEALTH CARE PLAN;
(B) THE LEVEL OF TRAINING, EDUCATION AND EXPERIENCE OF THE PHYSICIAN;
(C) THE PHYSICIAN'S USUAL CHARGE FOR COMPARABLE SERVICES WITH REGARD
TO PATIENTS IN HEALTH CARE PLANS IN WHICH THE PHYSICIAN IS NOT PARTIC-
IPATING;
(D) THE CIRCUMSTANCES AND COMPLEXITY OF THE PARTICULAR CASE, INCLUDING
TIME AND PLACE OF THE SERVICE;
(E) INDIVIDUAL PATIENT CHARACTERISTICS; AND
(F) THE USUAL AND CUSTOMARY COST OF THE SERVICE.
S 605. DISPUTE RESOLUTION FOR EMERGENCY SERVICES. (A) EMERGENCY
SERVICES FOR AN INSURED. (1) WHEN A HEALTH CARE PLAN RECEIVES A BILL FOR
EMERGENCY SERVICES FROM A NON-PARTICIPATING PHYSICIAN, THE HEALTH CARE
PLAN SHALL PAY AN AMOUNT THAT IT DETERMINES IS REASONABLE FOR THE EMER-
GENCY SERVICES RENDERED BY THE NON-PARTICIPATING PHYSICIAN, IN ACCORD-
ANCE WITH SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A OF THE INSUR-
ANCE LAW, EXCEPT FOR THE INSURED'S CO-PAYMENT, COINSURANCE OR
DEDUCTIBLE, IF ANY, AND SHALL ENSURE THAT THE INSURED SHALL INCUR NO
GREATER OUT-OF-POCKET COSTS FOR THE EMERGENCY SERVICES THAN THE INSURED
WOULD HAVE INCURRED WITH A PARTICIPATING PHYSICIAN PURSUANT TO
SUBSECTION (C) OF SECTION THREE THOUSAND TWO HUNDRED FORTY-ONE OF THE
INSURANCE LAW. IN NO EVENT SHALL THE HEALTH CARE PLAN'S PAYMENT BE LESS
THAN EIGHTY PERCENT OF THE USUAL AND CUSTOMARY COST FOR THE SERVICES.
(2) A NON-PARTICIPATING PHYSICIAN OR A HEALTH CARE PLAN MAY SUBMIT A
DISPUTE REGARDING A FEE OR PAYMENT FOR EMERGENCY SERVICES FOR REVIEW TO
AN INDEPENDENT DISPUTE RESOLUTION ENTITY.
(3) IN DETERMINING A REASONABLE FEE FOR THE SERVICES RENDERED, AN
INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL SELECT EITHER THE HEALTH
CARE PLAN'S PAYMENT OR THE NON-PARTICIPATING PHYSICIAN'S FEE. THE INDE-
PENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE WHICH AMOUNT TO SELECT
BASED UPON THE CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED
FOUR OF THIS ARTICLE.
(B) EMERGENCY SERVICES FOR A PATIENT THAT IS NOT AN INSURED. (1) A
PATIENT THAT IS NOT AN INSURED OR THE PATIENT'S PHYSICIAN MAY SUBMIT A
DISPUTE REGARDING A FEE FOR EMERGENCY SERVICES FOR REVIEW TO AN INDE-
PENDENT DISPUTE RESOLUTION ENTITY UPON APPROVAL OF THE SUPERINTENDENT.
(2) AN INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE A REASON-
ABLE FEE FOR THE SERVICES BASED UPON THE SAME CONDITIONS AND FACTORS SET
FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE.
S. 6357--C 60
(3) A PATIENT THAT IS NOT AN INSURED SHALL NOT BE REQUIRED TO PAY THE
PHYSICIAN'S FEE IN ORDER TO BE ELIGIBLE TO SUBMIT THE DISPUTE FOR REVIEW
TO AN INDEPENDENT DISPUTE RESOLUTION ENTITY.
(C) THE DETERMINATION OF AN INDEPENDENT DISPUTE RESOLUTION ENTITY
SHALL BE BINDING ON THE HEALTH CARE PLAN, PHYSICIAN AND PATIENT, AND
SHALL BE ADMISSIBLE IN ANY COURT PROCEEDING BETWEEN THE HEALTH CARE
PLAN, PHYSICIAN OR PATIENT, OR IN ANY ADMINISTRATIVE PROCEEDING BETWEEN
THIS STATE AND THE PHYSICIAN.
S 606. HOLD HARMLESS AND ASSIGNMENT OF BENEFITS FOR SURPRISE BILLS FOR
INSUREDS. WHEN AN INSURED ASSIGNS BENEFITS FOR A SURPRISE BILL IN WRIT-
ING TO A NON-PARTICIPATING PHYSICIAN THAT KNOWS THE INSURED IS INSURED
UNDER A HEALTH CARE PLAN, THE NON-PARTICIPATING PHYSICIAN SHALL NOT BILL
THE INSURED EXCEPT FOR ANY APPLICABLE COPAYMENT, COINSURANCE OR DEDUCT-
IBLE THAT WOULD BE OWED IF THE INSURED UTILIZED A PARTICIPATING PHYSI-
CIAN.
S 607. DISPUTE RESOLUTION FOR SURPRISE BILLS. (A) SURPRISE BILL
RECEIVED BY AN INSURED WHO ASSIGNS BENEFITS. (1) IF AN INSURED ASSIGNS
BENEFITS TO A NON-PARTICIPATING PHYSICIAN, THE HEALTH CARE PLAN SHALL
PAY THE NON-PARTICIPATING PHYSICIAN IN ACCORDANCE WITH PARAGRAPHS TWO
AND THREE OF THIS SUBSECTION.
(2) THE NON-PARTICIPATING PHYSICIAN MAY BILL THE HEALTH CARE PLAN FOR
THE HEALTH CARE SERVICES RENDERED, AND THE HEALTH CARE PLAN SHALL PAY
THE NON-PARTICIPATING PHYSICIAN THE BILLED AMOUNT OR ATTEMPT TO NEGOTI-
ATE REIMBURSEMENT WITH THE NON-PARTICIPATING PHYSICIAN.
(3) IF THE HEALTH CARE PLAN'S ATTEMPTS TO NEGOTIATE REIMBURSEMENT FOR
HEALTH CARE SERVICES PROVIDED BY A NON-PARTICIPATING PHYSICIAN DOES NOT
RESULT IN A RESOLUTION OF THE PAYMENT DISPUTE BETWEEN THE NON-PARTICI-
PATING PHYSICIAN AND THE HEALTH CARE PLAN, THE HEALTH CARE PLAN SHALL
PAY THE NON-PARTICIPATING PHYSICIAN AN AMOUNT THE HEALTH CARE PLAN
DETERMINES IS REASONABLE FOR THE HEALTH CARE SERVICES RENDERED, EXCEPT
FOR THE INSURED'S COPAYMENT, COINSURANCE OR DEDUCTIBLE, IN ACCORDANCE
WITH SECTION THREE THOUSAND TWO HUNDRED TWENTY-FOUR-A OF THE INSURANCE
LAW. IN NO EVENT SHALL THE HEALTH CARE PLAN'S PAYMENT BE LESS THAN
EIGHTY PERCENT OF THE USUAL AND CUSTOMARY COST OF THE HEALTH CARE
SERVICES PROVIDED BY THE NON-PARTICIPATING PHYSICIAN.
(4) EITHER THE HEALTH CARE PLAN OR THE NON-PARTICIPATING PHYSICIAN MAY
SUBMIT THE DISPUTE REGARDING THE SURPRISE BILL FOR REVIEW TO AN INDE-
PENDENT DISPUTE RESOLUTION ENTITY, PROVIDED HOWEVER, THE HEALTH CARE
PLAN MAY NOT SUBMIT THE DISPUTE UNLESS IT HAS COMPLIED WITH THE REQUIRE-
MENTS OF PARAGRAPHS ONE, TWO AND THREE OF THIS SUBSECTION.
(5) WHEN DETERMINING A REASONABLE FEE FOR THE SERVICES RENDERED, THE
INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL SELECT EITHER THE HEALTH
CARE PLAN'S PAYMENT OR THE NON-PARTICIPATING PHYSICIAN'S FEE. AN INDE-
PENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE WHICH AMOUNT TO SELECT
BASED UPON THE CONDITIONS AND FACTORS SET FORTH IN SECTION SIX HUNDRED
FOUR OF THIS ARTICLE.
(B) SURPRISE BILL RECEIVED BY AN INSURED WHO DOES NOT ASSIGN BENEFITS
OR BY A PATIENT WHO IS NOT AN INSURED. (1) AN INSURED WHO DOES NOT
ASSIGN BENEFITS IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION OR A
PATIENT WHO IS NOT AN INSURED AND WHO RECEIVES A SURPRISE BILL MAY
SUBMIT A DISPUTE REGARDING THE SURPRISE BILL FOR REVIEW TO AN INDEPEND-
ENT DISPUTE RESOLUTION ENTITY.
(2) THE INDEPENDENT DISPUTE RESOLUTION ENTITY SHALL DETERMINE A
REASONABLE FEE FOR THE SERVICES RENDERED BASED UPON THE CONDITIONS AND
FACTORS SET FORTH IN SECTION SIX HUNDRED FOUR OF THIS ARTICLE.
S. 6357--C 61
(3) A PATIENT OR INSURED WHO DOES NOT ASSIGN BENEFITS IN ACCORDANCE
WITH SUBSECTION (A) OF THIS SECTION SHALL NOT BE REQUIRED TO PAY THE
PHYSICIAN'S FEE TO BE ELIGIBLE TO SUBMIT THE DISPUTE FOR REVIEW TO THE
INDEPENDENT DISPUTE ENTITY.
(C) THE DETERMINATION OF AN INDEPENDENT DISPUTE RESOLUTION ENTITY
SHALL BE BINDING ON THE PATIENT, PHYSICIAN AND HEALTH CARE PLAN, AND
SHALL BE ADMISSIBLE IN ANY COURT PROCEEDING BETWEEN THE PATIENT OR
INSURED, PHYSICIAN OR HEALTH CARE PLAN, OR IN ANY ADMINISTRATIVE
PROCEEDING BETWEEN THIS STATE AND THE PHYSICIAN.
S 608. PAYMENT FOR INDEPENDENT DISPUTE RESOLUTION ENTITY. (A) FOR
DISPUTES INVOLVING AN INSURED, WHEN THE INDEPENDENT DISPUTE RESOLUTION
ENTITY DETERMINES THE HEALTH CARE PLAN'S PAYMENT IS REASONABLE, PAYMENT
FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE
NON-PARTICIPATING PHYSICIAN. WHEN THE INDEPENDENT DISPUTE RESOLUTION
ENTITY DETERMINES THE NON-PARTICIPATING PHYSICIAN'S FEE IS REASONABLE,
PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY
OF THE HEALTH CARE PLAN.
(B) FOR DISPUTES INVOLVING A PATIENT THAT IS NOT AN INSURED, WHEN THE
INDEPENDENT DISPUTE RESOLUTION ENTITY DETERMINES THE PHYSICIAN'S FEE IS
REASONABLE, PAYMENT FOR THE DISPUTE RESOLUTION PROCESS SHALL BE THE
RESPONSIBILITY OF THE PATIENT UNLESS PAYMENT FOR THE DISPUTE RESOLUTION
PROCESS WOULD POSE A HARDSHIP TO THE PATIENT. THE SUPERINTENDENT SHALL
PROMULGATE A REGULATION TO DETERMINE PAYMENT FOR THE DISPUTE RESOLUTION
PROCESS IN CASES OF HARDSHIP. WHEN THE INDEPENDENT DISPUTE RESOLUTION
ENTITY DETERMINES THE PHYSICIAN'S FEE IS UNREASONABLE, PAYMENT FOR THE
DISPUTE RESOLUTION PROCESS SHALL BE THE RESPONSIBILITY OF THE PHYSICIAN.
S 27. This act shall take effect one year after it shall have become a
law, provided, however, that:
1. if the amendments by chapter 514 of the laws of 2013 made to
subsection (b) of section 4903 of the insurance law and subdivision 2 of
section 4903 of the public health law, as amended by sections twelve and
twenty-two of this act, respectively, take effect after such date, then
sections twelve and twenty-two of this act shall take effect on the same
date as chapter 514 of the laws of 2013 takes effect;
2. for policies renewed on and after such date this act shall take
effect on the renewal date;
3. sections twelve, seventeen, twenty-two and twenty-six of this act
shall apply to health care services provided on and after such date;
4. sections eleven, thirteen, fourteen, fifteen, twenty-one, twenty-
three, twenty-four and twenty-five of this act shall apply to denials
issued on and after such date; and
5. effective immediately, the superintendent of financial services may
promulgate any regulations necessary for the implementation of the
provisions of this act on its effective date, and may certify one or
more independent dispute resolution entities.
PART V
Section 1. The opening paragraph of subsection (k) of section 2101 of
the insurance law, as added by chapter 687 of the laws of 2003, is
amended to read as follows:
In this article, "insurance producer" means an insurance agent, TITLE
INSURANCE AGENT, insurance broker, reinsurance intermediary, excess
lines broker, or any other person required to be licensed under the laws
of this state to sell, solicit or negotiate insurance. Such term shall
not include:
S. 6357--C 62
S 2. Paragraph 4 of subsection (k) of section 2101 of the insurance
law is REPEALED and paragraphs 5, 6, 7, 8, 9, 10, 11 and 12 are renum-
bered paragraphs 4, 5, 6, 7, 8, 9, 10 and 11.
S 3. Section 2101 of the insurance law is amended by adding a new
subsection (y) to read as follows:
(Y) (1) IN THIS CHAPTER, "TITLE INSURANCE AGENT" MEANS ANY AUTHORIZED
OR ACKNOWLEDGED AGENT OF A TITLE INSURANCE CORPORATION, WHICH EVALUATES
THE TITLE SEARCH TO DETERMINE INSURABILITY OF TITLE AND PERFORMS
SUBSTANTIALLY ALL OF THE FOLLOWING FUNCTIONS:
(A) PREPARES AND ISSUES A TITLE INSURANCE COMMITMENT OR CERTIFICATE OF
TITLE FOR THE PURPOSE OF ISSUING A TITLE INSURANCE POLICY;
(B) CLEARS UNDERWRITING EXCEPTIONS IN CONNECTION WITH THE ISSUANCE OF
A TITLE INSURANCE POLICY;
(C) ITSELF OR BY ITS DESIGNEE MARKS UP THE TITLE INSURANCE COMMITMENT
OR CERTIFICATE OF TITLE TO BIND A TITLE INSURANCE CORPORATION;
(D) PREPARES AND ISSUES A TITLE INSURANCE POLICY ON BEHALF OF A TITLE
INSURANCE CORPORATION;
(E) COLLECTS THE TITLE INSURANCE PREMIUM, A PORTION OF WHICH IS REMIT-
TED TO THE TITLE INSURANCE CORPORATION.
(2) NO TITLE INSURANCE CORPORATION DOING BUSINESS IN THIS STATE, AND
NO AGENT OR OTHER REPRESENTATIVE THEREOF, SHALL PAY ANY PERCENTAGE OF
THE TITLE INSURANCE PREMIUM OR FEES COLLECTED TO ANY PERSON, FIRM, ASSO-
CIATION OR CORPORATION FOR PERFORMING ANY OF THE FUNCTIONS OF A TITLE
INSURANCE AGENT, EXCEPT TO A LICENSED TITLE INSURANCE AGENT.
(3) SUCH TERM SHALL NOT INCLUDE ANY REGULAR SALARIED OFFICER OR
EMPLOYEE OF AN AUTHORIZED TITLE INSURANCE CORPORATION OR OF A LICENSED
TITLE INSURANCE AGENT.
S 4. Subparagraph (A) of paragraph 1 of subsection (a) of section 2102
of the insurance law, as amended by section 8 of part I of chapter 61 of
the laws of 2011, is amended to read as follows:
(A) No person, firm, association or corporation shall act as an insur-
ance producer, insurance adjuster OR TITLE INSURANCE AGENT or life
settlement broker in this state without having authority to do so by
virtue of a license issued and in force pursuant to the provisions of
this chapter.
S 5. Subsection (a) of section 2109 of the insurance law, paragraph 3
as amended by chapter 687 of the laws of 2003, is amended to read as
follows:
(a) The superintendent may issue a temporary insurance agent's
LICENSE, TITLE INSURANCE AGENT'S LICENSE or insurance broker's license,
or both, AN INSURANCE AGENT'S AND INSURANCE BROKER'S LICENSE, without
requiring the applicant to pass a written examination or to satisfy the
requirements of subsection (c) of section two thousand one hundred four
of this article except as to age, in the case of a license issued pursu-
ant to paragraph two [hereof] OF THIS SUBSECTION, in the following
cases:
(1) in the case of the death of a person who at the time of his death
was a licensed accident and health insurance agent under subsection (a)
of section two thousand one hundred three of this article, a licensed
insurance agent under subsection (b) of such section, A LICENSED TITLE
INSURANCE AGENT or a licensed insurance broker:
(A) to the executor or administrator of the estate of such deceased
agent or broker;
(B) to a surviving next of kin of such deceased agent or broker, where
no administrator of his estate has been appointed and no executor has
qualified under his duly probated will;
S. 6357--C 63
(C) to the surviving member or members of a firm or association, which
at the time of the death of a member was such a licensed insurance
agent, LICENSED TITLE INSURANCE AGENT or licensed insurance broker; or
(D) to an officer or director of a corporation upon the death of the
only officer or director who was qualified as a sub-licensee or to the
executor or administrator of the estate of such deceased officer or
director;
(2) to any person who may be designated by a person licensed pursuant
to this chapter as an insurance agent, TITLE INSURANCE AGENT or an
insurance broker, or both AN INSURANCE AGENT AND INSURANCE BROKER, and
who is absent because of service in any branch of the armed forces of
the United States, including a partnership or corporation which is
licensed pursuant to this chapter as an insurance agent, TITLE INSURANCE
AGENT or as an insurance broker, or both AN INSURANCE AGENT AND INSUR-
ANCE BROKER, in a case where the sub-licensee or all sub-licensees, if
more than one, named in the license or licenses issued to such partner-
ship or corporation is or are absent because of service in any branch of
the armed forces of the United States; and
(3) to the next of kin of a person who has become totally disabled and
prevented from pursuing any of the duties of his or her occupation, and
who at the commencement of his or her disability was a licensed accident
and health insurance agent under subsection (a) of section two thousand
one hundred three of this article, a licensed insurance agent under
subsection (b) of such section, A LICENSED TITLE INSURANCE AGENT or a
licensed insurance broker.
S 6. Subsection (c) of section 2109 of the insurance law is amended to
read as follows:
(c) Such license or licenses shall authorize the person or persons
named therein to renew the business of the deceased, absent or disabled
INSURANCE agent, TITLE INSURANCE AGENT, or INSURANCE broker, or both AN
INSURANCE AGENT AND INSURANCE BROKER, as the case may be, or of the firm
or, in the case of a license issued pursuant to paragraph one or three
of subsection (a) [hereof] OF THIS SECTION, the association whose busi-
ness is being continued thereunder, each such agent, broker, firm or
association being referred to in this section as "original licensee",
expiring during the period in which such temporary license or licenses
are in force, to collect premiums due and payable to the original licen-
see or, in the case of a license issued pursuant to paragraph one of
subsection (a) [hereof] OF THIS SECTION, to his estate, and to perform
such other acts as an insurance agent, TITLE INSURANCE AGENT or as an
insurance broker, or both AN INSURANCE AGENT AND INSURANCE BROKER, as
the case may be, as are incidental to the continuance of the insurance
business of such original licensee.
S 7. Paragraph 4 of subsection (e) of section 2109 of the insurance
law, as amended by chapter 687 of the laws of 2003, is amended to read
as follows:
(4) No person or persons so licensed, EXCEPT FOR A TITLE INSURANCE
AGENT, shall, by virtue of such license, be authorized to solicit, nego-
tiate or sell new insurance.
S 8. Paragraph 3 of subsection (f) of section 2109 of the insurance
law is amended to read as follows:
(3) No person so licensed, EXCEPT FOR A TITLE INSURANCE AGENT, shall
solicit new business under such license.
S 9. Paragraph 2 of subsection (g) of section 2109 of the insurance
law, as amended by chapter 687 of the laws of 2003, is amended to read
as follows:
S. 6357--C 64
(2) No person or persons so licensed, EXCEPT FOR A TITLE INSURANCE
AGENT, shall, by virtue of such license, be authorized to solicit, nego-
tiate or sell new insurance.
S 10. The section heading and subsections (a) and (b) of section 2110
of the insurance law, as amended by chapter 499 of the laws of 2009,
paragraph 15 of subsection (a) as added and paragraphs 16 and 17 of
subsection (a) as renumbered by chapter 546 of the laws of 2013, are
amended to read as follows:
Revocation or suspension of license of insurance producer, insurance
consultant, adjuster [or], life settlement broker OR TITLE INSURANCE
AGENT. (a) The superintendent may refuse to renew, revoke, or may
suspend for a period the superintendent determines the license of any
insurance producer, TITLE INSURANCE AGENT, insurance consultant, adjus-
ter or life settlement broker, if, after notice and hearing, the super-
intendent determines that the licensee or any sub-licensee has:
(1) violated any insurance laws, or violated any regulation, subpoena
or order of the superintendent or of another state's insurance commis-
sioner, or has violated any law in the course of his or her dealings in
such capacity;
(2) provided materially incorrect, materially misleading, materially
incomplete or materially untrue information in the license application;
(3) obtained or attempted to obtain a license through misrepresen-
tation or fraud;
(4)(A) used fraudulent, coercive or dishonest practices;
(B) demonstrated incompetence;
(C) demonstrated untrustworthiness; or
(D) demonstrated financial irresponsibility in the conduct of business
in this state or elsewhere;
(5) improperly withheld, misappropriated or converted any monies or
properties received in the course of business in this state or else-
where;
(6) intentionally misrepresented the terms of an actual or proposed
insurance contract, life settlement contract or application for insur-
ance;
(7) has been convicted of a felony;
(8) admitted or been found to have committed any insurance unfair
trade practice or fraud;
(9) had an insurance producer license, a life settlement broker
license, TITLE INSURANCE AGENT LICENSE, or its equivalent, denied,
suspended or revoked in any other state, province, district or territo-
ry;
(10) forged another's name to an application for insurance or life
settlement contract or to any document related to an insurance or life
settlement transaction;
(11) improperly used notes or any other reference material to complete
an examination for an insurance license or life settlement broker
license;
(12) knowingly accepted insurance business from an individual who is
not licensed;
(13) failed to comply with an administrative or court order imposing a
child support obligation;
(14) failed to pay state income tax or comply with any administrative
or court order directing payment of state income tax;
(15) while acting as a public adjuster, the licensee has failed to act
on behalf and in the best interests of the insured when negotiating for
or effecting the settlement of an insurance claim for such insured or
S. 6357--C 65
otherwise acting as a public adjuster, or has failed to make the disclo-
sures required by paragraph two of subsection (s) of section two thou-
sand one hundred eight of this article;
(16) while acting as a life settlement broker, failed to protect the
privacy of the insured or owner or other person for whom the life
settlement broker was required to provide protection pursuant to article
seventy-eight of this chapter; or
(17) ceased to meet the requirements for licensure under this chapter.
(b) Before revoking or suspending the license of any insurance produc-
er, TITLE INSURANCE AGENT, life settlement broker or other licensee
pursuant to the provisions of this article, the superintendent shall,
except when proceeding pursuant to subsection (f) of this section, give
notice to the licensee and to every sub-licensee and shall hold, or
cause to be held, a hearing not less than ten days after the giving of
such notice.
S 11. Subsections (a) and (d) of section 2112 of the insurance law,
subsection (a) as amended by chapter 540 of the laws of 1996 and
subsection (d) as amended by chapter 687 of the laws of 2003, are
amended to read as follows:
(a) Every insurer, fraternal benefit society or health maintenance
organization doing business in this state shall file a certificate of
appointment in such form as the superintendent may prescribe in order to
appoint insurance agents OR TITLE INSURANCE AGENTS to represent such
insurer, fraternal benefit society or health maintenance organization.
(d) Every insurer, fraternal benefit society or health maintenance
organization or insurance producer or the authorized representative of
the insurer, fraternal benefit society, health maintenance organization
or insurance producer doing business in this state shall, upon termi-
nation of the certificate of appointment as set forth in subsection (a)
of this section of any insurance agent OR TITLE INSURANCE AGENT licensed
in this state, or upon termination for cause for activities as set forth
in subsection (a) of section two thousand one hundred ten of this arti-
cle, of the certificate of appointment, of employment, of a contract or
other insurance business relationship with any insurance producer, file
with the superintendent within thirty days a statement, in such form as
the superintendent may prescribe, of the facts relative to such termi-
nation for cause. The insurer, fraternal benefit society, health mainte-
nance organization, insurance producer or the authorized representative
of the insurer, fraternal benefit society, health maintenance organiza-
tion or insurance producer shall provide, within fifteen days after
notification has been sent to the superintendent, a copy of the state-
ment filed with the superintendent to the insurance producer at his, or
her or its last known address by certified mail, return receipt
requested, postage prepaid or by overnight delivery using a nationally
recognized carrier. Every statement made pursuant to this subsection
shall be deemed a privileged communication.
S 12. The insurance law is amended by adding a new section 2113 to
read as follows:
S 2113. TITLE INSURANCE AGENTS; PROHIBITED PAYMENTS. (A) NO TITLE
INSURANCE AGENT OR ANY REPRESENTATIVE OF SUCH AGENT DOING BUSINESS IN
THIS STATE, SHALL PAY ANY PERCENTAGE OF THE TITLE INSURANCE PREMIUM OR
FEES COLLECTED TO ANY OTHER TITLE INSURANCE AGENT OR ANY REPRESENTATIVE
OF SUCH AGENT.
(B) A TITLE INSURANCE AGENT SHALL NOT DIRECTLY OR INDIRECTLY ACCEPT
ANY PAYMENT FOR OR REIMBURSEMENT OF ANY FEE, FINE OR PENALTY IMPOSED BY
S. 6357--C 66
THE SUPERINTENDENT ON THE TITLE INSURANCE AGENT PURSUANT TO THIS CHAP-
TER.
(C) NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT PAYMENT FOR
ACTUAL SERVICES RENDERED BY AN ATTORNEY FOR THE PURPOSES OF REPRESENTING
HIS OR HER CLIENT.
S 13. The section heading and subsections (a) and (c) of section 2120
of the insurance law are amended to read as follows:
Fiduciary capacity of insurance agents, TITLE INSURANCE AGENTS, insur-
ance brokers and reinsurance intermediaries. (a) Every insurance agent,
TITLE INSURANCE AGENT and [every] insurance broker acting as such in
this state shall be responsible in a fiduciary capacity for all funds
received or collected as insurance agent, TITLE INSURANCE AGENT or
insurance broker, and shall not, without the express consent of his, HER
or its principal, mingle any such funds with his, HER or its own funds
or with funds held by him, HER or it in any other capacity.
(c) This section shall not require any such INSURANCE agent, TITLE
INSURANCE AGENT, INSURANCE broker or reinsurance intermediary to main-
tain a separate bank deposit for the funds of each such principal, if
and as long as the funds so held for each such principal are reasonably
ascertainable from the books of account and records of such agent,
broker or reinsurance intermediary, as the case may be.
S 14. The section heading and subsection (a) of section 2122 of the
insurance law are amended to read as follows:
Advertising by insurance [agents and brokers] PRODUCERS. (a) (1) No
insurance [agent or insurance broker] PRODUCER shall make or issue in
this state any advertisement, sign, pamphlet, circular, card or other
public announcement purporting to make known the financial condition of
any insurer, unless the same shall conform to the requirements of
section one thousand three hundred thirteen of this chapter.
(2) No insurance [agent, insurance broker] PRODUCER or other person,
shall, by any advertisement or public announcement in this state, call
attention to any unauthorized insurer or insurers.
S 15. Subsections (a) and (b) of section 2128 of the insurance law,
subsection (b) as further amended by section 104 of part A of chapter 62
of the laws of 2011, are amended to read as follows:
(a) Notwithstanding the provisions of sections two thousand three
hundred twenty-four and four thousand two hundred twenty-four of this
chapter, no [insurance agent, insurance broker, insurance consultant,
excess line broker, reinsurance intermediary or insurance adjuster]
LICENSEE SUBJECT TO THIS CHAPTER shall receive any commissions or fees
or shares thereof in connection with insurance coverages placed for or
insurance services rendered to the state, its agencies and departments,
public benefit corporations, municipalities and other governmental
subdivisions in this state, unless such [insurance agent, insurance
broker, insurance consultant, excess line broker, reinsurance interme-
diary or insurance adjuster] LICENSEE actually placed insurance cover-
ages on behalf of or rendered insurance services to the state, its agen-
cies and departments, public benefit corporations, municipalities and
other governmental subdivisions in this state.
(b) The superintendent shall, by regulation, require [insurance
agents, insurance brokers, insurance consultants, excess line brokers,
reinsurance intermediaries and insurance adjusters] LICENSEES SUBJECT TO
THIS CHAPTER to file disclosure statements with the department of finan-
cial services and the most senior official of the governmental unit
involved, with respect to any insurance coverages placed for or insur-
ance services rendered to the state, its agencies and departments,
S. 6357--C 67
public benefit corporations, municipalities and other governmental
subdivisions in this state, EXCEPT THAT TITLE INSURANCE CORPORATIONS AND
TITLE INSURANCE AGENTS SHALL ONLY BE REQUIRED TO FILE DISCLOSURE STATE-
MENTS ANNUALLY. ANY SUBMISSIONS MADE PURSUANT TO THIS SECTION SHALL BE
DEEMED TRADE SECRETS WHICH IF DISCLOSED TO ANY THIRD PARTY WOULD CAUSE
SUBSTANTIAL INJURY TO THE COMPETITIVE POSITION OF THE SUBMITTER. AS
SUCH, SAID DISCLOSURES ARE EXEMPT FROM FREEDOM OF INFORMATION LAW
REQUESTS PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION EIGHT-
SEVEN OF THE PUBLIC OFFICERS LAW.
S 16. Subsection (b) of section 2132 of the insurance law, as amended
by chapter 499 of the laws of 2009, is amended to read as follows:
(b) This section shall not apply to:
(1) those persons holding licenses for which an examination is not
required by the laws of this state;
(2) any limited licensees or any other licensees as the superintendent
may exempt subject to any continuing education requirements deemed
appropriate by the superintendent; [or]
(3) for purposes of the continuing education requirements for life
settlements, an insurance producer with a life line of authority who is
acting as a life settlement broker pursuant to section two thousand one
hundred thirty-seven of this article[.]; OR
(4) FOR PURPOSES OF A TITLE INSURANCE AGENT LICENSE, AN ATTORNEY
LICENSED TO PRACTICE LAW IN THIS STATE, PROVIDED SAID ATTORNEY IS IN
GOOD STANDING WITH THE NEW YORK STATE OFFICE OF COURT ADMINISTRATION.
S 17. The insurance law is amended by adding a new section 2139 to
read as follows:
S 2139. TITLE INSURANCE AGENTS; LICENSING.(A) THE SUPERINTENDENT MAY
ISSUE A LICENSE TO ANY PERSON, FIRM, ASSOCIATION OR CORPORATION WHO OR
WHICH HAS COMPLIED WITH THE REQUIREMENTS OF THIS CHAPTER, AUTHORIZING
THE LICENSEE TO ACT AS A TITLE INSURANCE AGENT OF ANY AUTHORIZED TITLE
INSURANCE CORPORATION.
(B) ANY SUCH LICENSE ISSUED TO A FIRM OR ASSOCIATION SHALL AUTHORIZE
ONLY THE MEMBERS THEREOF, NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT
INDIVIDUALLY AS TITLE INSURANCE AGENTS THEREUNDER, AND ANY SUCH LICENSE
ISSUED TO A CORPORATION SHALL AUTHORIZE ONLY THE OFFICERS AND DIRECTORS
THEREOF, NAMED IN SUCH LICENSE AS SUB-LICENSEES, TO ACT INDIVIDUALLY AS
TITLE INSURANCE AGENTS THEREUNDER. EVERY SUB-LICENSEE ACTING AS A TITLE
INSURANCE AGENT PURSUANT TO SUCH A LICENSE SHALL BE AUTHORIZED SO TO ACT
ONLY IN THE NAME OF THE LICENSEE. IN THE CASE OF A LICENSE ISSUED TO A
TITLE INSURANCE AGENT, AT LEAST ONE DESIGNATED SUB-LICENSEE MUST HAVE A
FINANCIAL OR OTHER BENEFICIAL INTEREST IN THE LICENSEE.
(C) EVERY INDIVIDUAL APPLICANT FOR A LICENSE UNDER THIS SECTION AND
EVERY PROPOSED LICENSEE SHALL BE EIGHTEEN YEARS OF AGE OR OLDER AT THE
TIME OF THE ISSUANCE OF SUCH LICENSE.
(D) BEFORE ANY ORIGINAL TITLE INSURANCE AGENT'S LICENSE IS ISSUED,
THERE SHALL BE ON FILE IN THE OFFICE OF THE SUPERINTENDENT AN APPLICA-
TION BY THE PROSPECTIVE LICENSEE IN SUCH FORM OR FORMS AND SUPPLEMENTS
THERETO, ALONG WITH A FEE IN THE AMOUNT OF FORTY DOLLARS FOR EACH YEAR
OR FRACTION OF A YEAR IN WHICH THE LICENSE SHALL BE VALID, AND CONTAIN-
ING INFORMATION THE SUPERINTENDENT PRESCRIBES. FOR EACH BUSINESS ENTITY,
THE SUB-LICENSEE OR SUB-LICENSEES NAMED IN THE APPLICATION SHALL BE
DESIGNATED RESPONSIBLE FOR THE BUSINESS ENTITY'S COMPLIANCE WITH THIS
CHAPTER AND REGULATION PROMULGATED THEREUNDER.
(E) THE SUPERINTENDENT SHALL, IN ORDER TO DETERMINE THE COMPETENCY OF
EVERY INDIVIDUAL APPLICANT AND OF EVERY PROPOSED SUB-LICENSEE FOR THE
TITLE INSURANCE AGENT LICENSE, REQUIRE SUCH INDIVIDUAL TO SUBMIT TO A
S. 6357--C 68
PERSONAL WRITTEN EXAMINATION AND TO PASS THE SAME TO THE SATISFACTION OF
THE SUPERINTENDENT. THE EXAMINATION SHALL BE HELD AT SUCH TIMES AND
PLACES AS THE SUPERINTENDENT SHALL FROM TIME TO TIME DETERMINE. EVERY
INDIVIDUAL APPLYING TO TAKE ANY WRITTEN EXAMINATION SHALL, AT THE TIME
OF APPLYING THEREFOR, PAY TO THE SUPERINTENDENT OR, AT THE DISCRETION OF
THE SUPERINTENDENT, DIRECTLY TO ANY ORGANIZATION THAT IS UNDER CONTRACT
TO PROVIDE EXAMINATION SERVICES, AN EXAMINATION FEE OF AN AMOUNT THAT IS
THE ACTUAL DOCUMENTED ADMINISTRATIVE COST OF CONDUCTING SAID QUALIFYING
EXAMINATION AS CERTIFIED BY THE SUPERINTENDENT FROM TIME TO TIME. AN
EXAMINATION FEE REPRESENTS AN ADMINISTRATIVE EXPENSE AND SHALL NOT BE
REFUNDABLE. THE SUPERINTENDENT MAY ACCEPT, IN LIEU OF ANY SUCH EXAMINA-
TION, THE RESULT OF ANY PREVIOUS WRITTEN EXAMINATION, GIVEN BY THE
SUPERINTENDENT, WHICH IN THE SUPERINTENDENT'S JUDGMENT, IS EQUIVALENT TO
THE EXAMINATION FOR WHICH IT IS SUBSTITUTED.
(F) EVERY INDIVIDUAL SEEKING TO QUALIFY TO OBTAIN A LICENSE UNDER
SUBSECTION (B) OF THIS SECTION SHALL BE REQUIRED TO PASS THE TYPE OR
TYPES OF EXAMINATION PRESCRIBED BY THE SUPERINTENDENT FOR WHICH THE
LICENSE IS SOUGHT.
(G) NO SUCH WRITTEN EXAMINATION OR PRE-LICENSING EDUCATION SHALL BE
REQUIRED OF ANY:
(1) APPLICANT WHO HAS PASSED THE WRITTEN EXAMINATION GIVEN BY THE
SUPERINTENDENT FOR A TITLE INSURANCE AGENT'S LICENSE AND WAS LICENSED AS
SUCH, OR OF ANY APPLICANT WHO WAS LICENSED AS A TITLE INSURANCE AGENT
BUT DID NOT PASS SUCH AN EXAMINATION; PROVIDED THE APPLICANT APPLIES
WITHIN TWO YEARS FOLLOWING THE DATE OF TERMINATION OF THE APPLICANT'S
LICENSE;
(2) APPLICANT SEEKING TO OBTAIN A LICENSE AS A TITLE INSURANCE AGENT,
WHEN SUCH APPLICANT IS A LICENSED ATTORNEY-AT-LAW IN THIS STATE PROVIDED
SAID ATTORNEY IS IN GOOD STANDING WITH THE NEW YORK STATE OFFICE OF
COURT ADMINISTRATION;
(3) INDIVIDUAL SEEKING TO BE NAMED A LICENSEE OR SUB-LICENSEE, WHO IS
A NON-RESIDENT AND HAS BEEN A TITLE INSURANCE AGENT IN THE INDIVIDUAL'S
HOME STATE FOR AT LEAST FIVE YEARS; PROVIDED, HOWEVER, THAT THE INDIVID-
UAL'S HOME STATE GRANTS NON-RESIDENT LICENSES TO RESIDENTS OF THIS STATE
ON THE SAME BASIS.
(H) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO COURSE OF
STUDY OR WRITTEN EXAMINATION SHALL BE REQUIRED WITH RESPECT TO ANY
APPLICANT WHO FILES AN APPLICATION UNDER THIS SECTION WITHIN ONE YEAR
AFTER THE EFFECTIVE DATE OF THIS ARTICLE AND WHO DEMONSTRATES TO THE
SATISFACTION OF THE SUPERINTENDENT THAT SUCH PROSPECTIVE LICENSEE OR ITS
PROSPECTIVE SUB-LICENSEE HAS REGULARLY AND CONTINUOUSLY PERFORMED THE
FUNCTIONS OF A TITLE INSURANCE AGENT IN THIS STATE FOR A PERIOD OF AT
LEAST FIVE YEARS IMMEDIATELY PRECEDING THE FILING OF SUCH APPLICATION.
(I) THE SUPERINTENDENT MAY REFUSE TO ISSUE TO AN APPLICATION A TITLE
INSURANCE AGENT'S LICENSE IF, IN THE SUPERINTENDENT'S JUDGMENT, THE
PROPOSED LICENSEE OR ANY SUB-LICENSEE: IS NOT TRUSTWORTHY AND COMPETENT
TO ACT AS SUCH AGENT; HAS GIVEN CAUSE FOR THE REVOCATION OR SUSPENSION
OF SUCH A LICENSE; OR HAS FAILED TO COMPLY WITH ANY PREREQUISITE FOR THE
ISSUANCE OF SUCH LICENSE.
(J) (1) EVERY LICENSE ISSUED TO A BUSINESS ENTITY PURSUANT TO
SUBSECTION (A) OF THIS SECTION SHALL EXPIRE ON JUNE THIRTIETH OF
ODD-NUMBERED YEARS.
(2) EVERY LICENSE ISSUED TO AN INDIVIDUAL BORN IN AN ODD-NUMBERED YEAR
SHALL EXPIRE ON THE INDIVIDUAL'S BIRTHDAY IN EACH ODD-NUMBERED YEAR.
LICENSES ISSUED TO INDIVIDUALS BORN IN EVEN-NUMBERED YEARS SHALL EXPIRE
ON THE INDIVIDUAL'S BIRTHDAY IN EACH EVEN-NUMBERED YEAR. EVERY SUCH
S. 6357--C 69
LICENSE MAY BE RENEWED FOR THE ENSUING PERIOD OF TWENTY-FOUR MONTHS UPON
THE FILING OF AN APPLICATION IN CONFORMITY WITH THIS SUBSECTION.
(3) THE LICENSE MAY BE ISSUED FOR ALL OF SUCH TWO YEAR TERMS, OR UPON
APPLICATION MADE DURING ANY SUCH TERM, FOR THE BALANCE THEREOF.
(4) ANY LICENSE SHALL BE CONSIDERED IN GOOD STANDING WITHIN THE
LICENSE TERM UNLESS:
(A) REVOKED OR SUSPENDED BY THE SUPERINTENDENT PURSUANT TO THIS ARTI-
CLE; OR
(B) IF AT THE EXPIRATION DATE OF THE LICENSE TERM, THE LICENSEE FAILS
TO FILE A RENEWAL APPLICATION, PROVIDED THE LICENSE WAS IN GOOD STANDING
DURING THE TERM.
(5) BEFORE THE RENEWAL OF ANY TITLE INSURANCE AGENT'S LICENSE SHALL BE
ISSUED, THE LICENSEE SHALL HAVE:
(A) FILED A COMPLETED RENEWAL APPLICATION IN SUCH FORM OR FORMS, AND
SUPPLEMENTS THERETO, AND CONTAINING SUCH INFORMATION AS THE SUPERINTEN-
DENT MAY PRESCRIBE;
(B) SUBMITTED EVIDENCE OF COMPLIANCE WITH CONTINUING EDUCATION
REQUIREMENT PURSUANT TO SECTION TWO THOUSAND ONE HUNDRED FORTY OF THIS
ARTICLE.
(C) PAID SUCH FEES AS ARE PRESCRIBED IN THIS SECTION.
(6) IF AN APPLICATION FOR A RENEWAL LICENSE SHALL HAVE BEEN FILED WITH
THE SUPERINTENDENT BEFORE THE EXPIRATION OF SUCH LICENSE, THEN THE
LICENSE SOUGHT TO BE RENEWED SHALL CONTINUE IN FULL FORCE AND EFFECT
EITHER UNTIL THE ISSUANCE BY THE SUPERINTENDENT OF THE RENEWAL LICENSE
APPLIED FOR OR UNTIL FIVE DAYS AFTER THE SUPERINTENDENT SHALL HAVE
REFUSED TO ISSUE SUCH RENEWAL LICENSE AND SHALL HAVE GIVEN NOTICE OF
SUCH REFUSAL TO THE APPLICANT AND TO EACH PROPOSED SUB-LICENSEE. BEFORE
REFUSING TO RENEW ANY SUCH LICENSE, EXCEPT ON THE GROUND OF FAILURE TO
PASS A WRITTEN EXAMINATION, THE SUPERINTENDENT SHALL NOTIFY THE APPLI-
CANT OF THE SUPERINTENDENT'S INTENTION TO DO SO AND SHALL GIVE THE
APPLICANT A HEARING.
(7) THE SUPERINTENDENT MAY, IN ISSUING A RENEWAL LICENSE, DISPENSE
WITH THE REQUIREMENTS OF A VERIFIED APPLICATION BY ANY INDIVIDUAL LICEN-
SEE OR SUB-LICENSEE WHO, BY REASON OF BEING ENGAGED IN ANY MILITARY
SERVICE FOR THE UNITED STATES, IS UNABLE TO MAKE PERSONAL APPLICATION
FOR SUCH RENEWAL LICENSE, UPON THE FILING OF AN APPLICATION ON BEHALF OF
SUCH INDIVIDUAL, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE, BY
SOME PERSON OR PERSONS WHO IN HIS JUDGMENT HAVE KNOWLEDGE OF THE FACTS
AND WHO MAKE AFFIDAVIT SHOWING SUCH MILITARY SERVICE AND THE INABILITY
OF SUCH TITLE INSURANCE AGENT TO MAKE A PERSONAL APPLICATION.
(8) AN INDIVIDUAL LICENSEE OR SUB-LICENSEE WHO IS UNABLE TO COMPLY
WITH LICENSE RENEWAL PROCEDURES DUE TO OTHER EXTENUATING CIRCUMSTANCES,
SUCH AS A LONG-TERM MEDICAL DISABILITY, MAY REQUEST A WAIVER OF SUCH
PROCEDURES, IN SUCH FORM AS THE SUPERINTENDENT SHALL PRESCRIBE. THE
LICENSEE OR SUB-LICENSEE MAY ALSO REQUEST A WAIVER OF ANY EXAMINATION
REQUIREMENT OR ANY OTHER FINE OR SANCTION IMPOSED FOR FAILURE TO COMPLY
WITH RENEWAL PROCEDURES.
(9) AN APPLICATION FOR THE RENEWAL OF A LICENSE SHALL BE FILED WITH
THE SUPERINTENDENT NOT LESS THAN SIXTY DAYS PRIOR TO THE DATE THE
LICENSE EXPIRES OR THE APPLICANT SHALL BE SUBJECT TO A FURTHER FEE OF
TEN DOLLARS FOR LATE FILING.
(10) NO LICENSE FEE SHALL BE REQUIRED OF ANY PERSON WHO SERVED AS A
MEMBER OF THE ARMED FORCES OF THE UNITED STATES AT ANY TIME, AND WHO
SHALL HAVE BEEN DISCHARGED THEREFROM UNDER CONDITIONS OTHER THAN
DISHONORABLE, IN A CURRENT LICENSING PERIOD FOR THE DURATION OF SUCH
PERIOD.
S. 6357--C 70
(11) EXCEPT WHERE A CORPORATION, ASSOCIATION OR FIRM LICENSED AS A
TITLE INSURANCE AGENT IS APPLYING TO ADD A SUB-LICENSEE, OR THE DATE OF
THE EXPIRATION OF THE LICENSE IS CHANGED, THERE SHALL BE NO FEE REQUIRED
FOR THE ISSUANCE OF AN AMENDED LICENSE.
(12) THE SUPERINTENDENT MAY ISSUE A REPLACEMENT LICENSE FOR A CURRENT-
LY IN-FORCE LICENSE THAT HAS BEEN LOST OR DESTROYED. BEFORE SUCH
REPLACEMENT LICENSE SHALL BE ISSUED, THERE SHALL BE ON FILE IN THE
OFFICE OF THE SUPERINTENDENT A WRITTEN APPLICATION FOR SUCH REPLACEMENT
LICENSE, AFFIRMING UNDER PENALTY OF PERJURY THAT THE ORIGINAL LICENSE
HAS BEEN LOST OR DESTROYED, TOGETHER WITH A FEE OF FIFTEEN DOLLARS.
(K) THE SUPERINTENDENT MAY REFUSE TO ISSUE A LICENSE OR RENEWAL
LICENSE, AS THE CASE MAY BE, TO ANY APPLICANT IF THE SUPERINTENDENT
FINDS THAT SUCH APPLICANT HAS BEEN OR WILL BE, AS AFORESAID, RECEIVING
ANY BENEFIT OR ADVANTAGE IN VIOLATION OF SECTION SIX THOUSAND FOUR
HUNDRED NINE OF THIS CHAPTER, OR IF PURSUANT TO REGULATIONS PROMULGATED
BY THE SUPERINTENDENT WHICH ARE CONSISTENT WITH THE RELEVANT PROVISIONS
OF THE FEDERAL REAL ESTATE SETTLEMENT PROCEDURES ACT OF 1974, THE SUPER-
INTENDENT DETERMINES THAT THE APPLICANT'S ACTIONS HAVE BEEN IN VIOLATION
OF FEDERAL LAW.
(L) ALL LICENSED TITLE INSURANCE AGENTS AND APPLICANTS FOR A LICENSE
SHALL BE ENTITLED TO THE DUE PROCESS PROVISIONS AS PROVIDED BY THE STATE
ADMINISTRATIVE PROCEDURE ACT.
S 18. The insurance law is amended by adding a new section 2140 to
read as follows:
S 2140. CONTINUING EDUCATION FOR TITLE INSURANCE AGENTS. (A) THIS
SECTION SHALL APPLY TO TITLE INSURANCE AGENTS LICENSED PURSUANT TO THIS
ARTICLE WHO ARE NATURAL PERSONS AND TO INDIVIDUALS DESIGNATED AS A SUB-
LICENSEE TO FULFILL THE CONTINUING EDUCATION REQUIREMENTS FOR AN ENTITY
LICENSED UNDER THIS ARTICLE.
(B) THE FOLLOWING INDIVIDUALS SHALL BE EXEMPT FROM THESE REQUIREMENTS:
(1) AN ATTORNEY LICENSED TO PRACTICE LAW IN THIS STATE PROVIDED SAID
ATTORNEY IS IN GOOD STANDING WITH THE OFFICE OF COURT ADMINISTRATION;
(2) ANY LICENSEES AS THE SUPERINTENDENT MAY EXEMPT SUBJECT TO ANY
CONTINUING EDUCATION REQUIREMENTS DEEMED APPROPRIATE BY THE SUPERINTEN-
DENT.
(C) PERSONS LICENSED PURSUANT TO THIS ARTICLE AND NOT EXEMPT UNDER
THIS ARTICLE, SHALL BIENNIALLY SATISFACTORILY COMPLETE SUCH COURSES OR
PROGRAMS OF INSTRUCTION AS MAY BE APPROVED BY THE SUPERINTENDENT, AS
FOLLOWS:
(1) ANY PERSON HOLDING A LICENSE ISSUED PURSUANT TO THIS ARTICLE AND
NOT EXEMPT UNDER SUBSECTION (B) OF THIS SECTION SHALL, DURING EACH FULL
BIENNIAL LICENSING PERIOD, SATISFACTORILY COMPLETE COURSES OR PROGRAMS
OF INSTRUCTION OR ATTEND SEMINARS AS MAY BE APPROVED BY THE SUPERINTEN-
DENT EQUIVALENT TO FIFTEEN CREDIT HOURS OF INSTRUCTION.
(2) EXCESS CREDIT HOURS ACCUMULATED DURING ANY BIENNIAL LICENSING
PERIOD SHALL NOT CARRY FORWARD TO THE NEXT BIENNIAL LICENSING PERIOD.
(D)(1) THE COURSES OR PROGRAMS OF INSTRUCTION SUCCESSFULLY COMPLETED,
WHICH SHALL BE DEEMED TO MEET THE SUPERINTENDENT'S STANDARDS FOR CONTIN-
UING EDUCATION REQUIREMENTS, SHALL BE COURSES, PROGRAMS OF INSTRUCTION
OR SEMINARS, APPROVED AS TO METHOD AND CONTENT BY THE SUPERINTENDENT,
RELATED TO TITLE INSURANCE, AND GIVEN BY A DEGREE CONFERRING COLLEGE OR
UNIVERSITY WHOSE CURRICULUM IS REGISTERED WITH THE STATE EDUCATION
DEPARTMENT AT THE TIME THE PERSON TAKES THE COURSE, WHETHER SUCH COURSE
BE GIVEN AS PART OF SUCH CURRICULUM OR SEPARATELY, OR BY ANY OTHER
INSTITUTION, AGENTS' ASSOCIATION, TRADE ASSOCIATION, BAR ASSOCIATION OR
TITLE INSURANCE CORPORATION, WHICH MAINTAINS EQUIVALENT STANDARDS OF
S. 6357--C 71
INSTRUCTION AND WHICH SHALL HAVE BEEN APPROVED FOR SUCH PURPOSE BY THE
SUPERINTENDENT.
(2) THE NUMBER OF CREDIT HOURS ASSIGNED TO EACH OF THE COURSES OR
PROGRAMS OF INSTRUCTION SET FORTH IN PARAGRAPH ONE OF THIS SUBSECTION
SHALL BE DETERMINED BY THE SUPERINTENDENT.
(E) A PERSON WHO TEACHES ANY APPROVED COURSE OF INSTRUCTION OR WHO
LECTURES AT ANY APPROVED SEMINAR, AND WHO IS SUBJECT TO THIS SECTION,
SHALL BE GRANTED THREE CREDIT HOURS FOR EACH FIFTY MINUTES OF PRESENTA-
TION AND ONE CREDIT FOR EACH FIFTY MINUTES OF REPEAT PRESENTATIONS
DURING ANY BIENNIAL LICENSING PERIOD.
(F) EVERY PERSON SUBJECT TO THIS SECTION SHALL FURNISH, IN A FORM
SATISFACTORY TO THE SUPERINTENDENT, CERTIFICATION ATTESTING TO THE
COURSE OR PROGRAMS OF INSTRUCTION TAKEN AND SUCCESSFULLY COMPLETED BY
SUCH PERSON PURSUANT TO SUBSECTION (D) OF THIS SECTION.
(G) (1) ANY PERSON FAILING TO MEET THE REQUIREMENTS IMPOSED BY THIS
SECTION SHALL NOT BE ELIGIBLE TO RENEW THE LICENSE.
(2) ANY PERSON WHOSE LICENSE WAS NOT RENEWED SHALL NOT BE ELIGIBLE TO
BECOME RELICENSED DURING THE NEXT BIENNIAL LICENSING PERIOD UNTIL THAT
PERSON HAS DEMONSTRATED TO THE SATISFACTION OF THE SUPERINTENDENT THAT
CONTINUING EDUCATION REQUIREMENTS FOR THE LAST BIENNIAL LICENSING PERIOD
WERE MET.
(3) ANY PERSON WHOSE LICENSE WAS NOT RENEWED PURSUANT TO PARAGRAPH ONE
OF THIS SUBSECTION, WHO ACCUMULATES SUFFICIENT CREDIT HOURS FOR THE
PRIOR LICENSING PERIOD TO QUALIFY FOR RELICENSING IN THE BIENNIAL PERIOD
FOLLOWING SUCH NON-RENEWAL, MAY NOT APPLY THOSE SAME CREDIT HOURS TOWARD
THE CONTINUING EDUCATION REQUIREMENTS FOR THE CURRENT BIENNIAL LICENSING
PERIOD.
(H)(1) ANY ENTITY ELIGIBLE TO PROVIDE COURSES, PROGRAMS OF INSTRUC-
TION, OR SEMINARS IN ACCORDANCE WITH SUBSECTION (D) OF THIS SECTION,
MUST FILE FOR APPROVAL BY THE SUPERINTENDENT ON A BIENNIAL BASIS, TO
CONFORM WITH ITS AREA OF INSTRUCTION, A PROVIDER ORGANIZATION APPLICA-
TION AND A COURSE SUBMISSION APPLICATION FOR EACH COURSE, PROGRAM AND
SEMINAR, AND COURSES MAY BE ADDED ON APPROVAL BY THE SUPERINTENDENT
DURING THE PERIOD ON NOTIFICATION TO THE SUPERINTENDENT AND PAYMENT OF
THE APPROPRIATE FILING FEE.
(2) THE PROVIDER ORGANIZATION APPLICATION SHALL INCLUDE THE NAMES OF
ALL INSTRUCTORS TO BE USED DURING THE CONTRACT PERIOD, AND INSTRUCTORS
MAY BE ADDED DURING THE PERIOD BY NOTIFYING THE SUPERINTENDENT AND
PAYING THE APPROPRIATE FILING FEE.
(3) THE COMPLETED APPLICATIONS SHALL BE RETURNED IN A TIMELY MANNER,
AS SPECIFIED BY THE SUPERINTENDENT, WITH A NON-REFUNDABLE FILING FEE OF
TWO HUNDRED DOLLARS PER ORGANIZATION, FIFTY DOLLARS PER COURSE, PROGRAM
AND SEMINAR, AND FIFTY DOLLARS PER INSTRUCTOR.
(4) APPROVAL OF THE APPLICATION SHALL BE AT THE DISCRETION OF THE
SUPERINTENDENT.
(I) EACH LICENSEE SHALL PAY A BIENNIAL FEE OF TEN DOLLARS PER LICENSE,
FOR CONTINUING EDUCATION CERTIFICATE FILING AND RECORDING CHARGES, TO
THE SUPERINTENDENT OR, AT THE DISCRETION OF THE SUPERINTENDENT, DIRECTLY
TO AN ORGANIZATION UNDER CONTRACT TO PROVIDE CONTINUING EDUCATION ADMIN-
ISTRATIVE SERVICES.
S 19. Section 2314 of the insurance law is amended to read as follows:
S 2314. Charging of rates. No authorized insurer [shall, and], no
licensed insurance agent, NO TITLE INSURANCE AGENT, no employee or other
representative of an authorized insurer, and no licensed insurance
broker shall knowingly, charge or demand a rate or receive a premium
which departs from the rates, rating plans, classifications, schedules,
S. 6357--C 72
rules and standards in effect on behalf of the insurer, or shall issue
or make any policy or contract involving a violation thereof.
S 20. Subsection (e) of section 2324 of the insurance law is amended
to read as follows:
(e) This section shall not apply to any policy or contract of reinsur-
ance nor to any contract or policy of life insurance, accident insurance
or health insurance which is subject to the provisions of section four
thousand two hundred twenty-four of this chapter, NOR TO ANY CONTRACT OR
POLICY OF TITLE INSURANCE, nor to any contract or policy of marine
insurance, other than contracts or policies of automobile insurance, or
of marine protection and indemnity insurance, nor to any insurance
contract, or rate of insurance in connection with any insurance contract
either against loss or damage to, or legal liability in connection with,
any property located wholly outside of this state or any activity
carried on outside of this state or any motor vehicle or aircraft prin-
cipally garaged and used outside of this state.
S 21. Subsection (d) of section 6409 of the insurance law is amended
to read as follows:
(d) (1) No title insurance corporation OR TITLE INSURANCE AGENT, or
any other person acting for or on behalf of it, shall make any rebate of
any portion of the fee, premium or charge made, or pay or give to any
applicant for insurance, or to any person, firm, or corporation acting
as agent, representative, attorney, or employee of the owner, lessee,
mortgagee or the prospective owner, lessee, or mortgagee of the real
property or any interest therein, either directly or indirectly, any
commission, any part of its fees or charges, or any other consideration
or valuable thing, as an inducement for, or as compensation for, any
title insurance business. Any person or entity who accepts or receives
such a commission or rebate shall be subject to a penalty equal to the
greater of [one] FIVE thousand dollars or five times the amount [there-
of] OF THE REBATE, AND ANY PERSON OR ENTITY WHO OTHERWISE VIOLATES THIS
SUBSECTION SHALL BE SUBJECT TO A PENALTY EQUAL TO THE GREATER OF FIVE
THOUSAND DOLLARS OR THE AMOUNT OF THE TITLE INSURANCE PREMIUM EARNED ON
THE TRANSACTION ON WHICH THE VIOLATION OCCURRED, EXCEPT, AS TO A TITLE
INSURANCE AGENT, SUCH SUM SHALL NOT INCLUDE THAT PORTION OF THE PREMIUM
PAID OR PAYABLE TO THE TITLE INSURANCE CORPORATION.
(2) NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT PAYMENT FOR
ACTUAL SERVICES RENDERED BY AN ATTORNEY FOR THE PURPOSES OF REPRESENTING
HIS OR HER CLIENT.
S 22. Subsection (a) of section 107 of the insurance law is amended by
adding a new paragraph 54 to read as follows:
(54) "TITLE INSURANCE AGENT" SHALL HAVE THE MEANING ASCRIBED TO IT BY
PARAGRAPH ONE OF SUBSECTION (Y) OF SECTION TWO THOUSAND ONE HUNDRED ONE
OF THIS CHAPTER.
S 23. Paragraph 1 of subdivision (c) of section 1105 of the tax law,
as amended by chapter 583 of the laws of 2011, is amended to read as
follows:
(1) The furnishing of information by printed, mimeographed or multi-
graphed matter or by duplicating written or printed matter in any other
manner, including the services of collecting, compiling or analyzing
information of any kind or nature and furnishing reports thereof to
other persons, but excluding the furnishing of information which is
personal or individual in nature and which is not or may not be substan-
tially incorporated in reports furnished to other persons, and excluding
the services of advertising or other agents, or other persons acting in
a representative capacity, and information services used by newspapers,
S. 6357--C 73
electronic news services, radio broadcasters and television broadcasters
in the collection and dissemination of news, and excluding meteorologi-
cal services, AND EXCLUDING ABSTRACTS OF TITLE AND OTHER PUBLIC RECORDS
SEARCHES SUCH AS TAX SEARCHES, SEARCHES FOR MUNICIPAL RECORDS FOR
VIOLATIONS, CERTIFIED OR NONCERTIFIED COPIES OBTAINED FROM THE PUBLIC
RECORD, CERTIFICATES OF TITLE AND LIEN SEARCHES, CERTIFICATES OF GOOD
STANDING AND FRANCHISE TAX SEARCHES, COOPERATIVE UNIT SEARCHES AND
ZONING LOT PARTIES-IN-INTEREST CERTIFICATIONS.
S 24. This act shall take effect on the one hundred eightieth day
after it shall have become a law, provided, however, that effective
immediately:
(1) the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized and directed to be made and completed on or before such
effective date;
(2) the superintendent of financial services shall promulgate applica-
tion forms for persons, firms and corporations seeking to obtain a
license as a title insurance agent; and
(3) each person, firm or corporation who has filed an application for
a license as a title insurance agent on or before January 1, 2015 or
within 90 days after the superintendent of financial services has
promulgated application forms pursuant to this act, whichever date is
later, may act as such licensee without a license issued pursuant to
sections 2138, 2139, or 2140 of the insurance law until the superinten-
dent of financial services has made a final determination on the appli-
cation for such license filed by such person, firm or corporation.
PART W
Section 1. Section 2 of part BB of chapter 58 of the laws of 2012,
amending the public authorities law relating to authorizing the dormito-
ry authority to enter into certain design and construction management
agreements, as amended by section 1 of part I of chapter 58 of the laws
of 2013, is amended to read as follows:
S 2. This act shall take effect immediately and shall expire and be
deemed repealed April 1, [2014] 2015.
S 2. Within 90 days of the effective date of this act, the dormitory
authority of the state of New York shall provide a report providing
information regarding any project undertaken pursuant to a design and
construction management agreement, as authorized by part BB of chapter
58 of the laws of 2012, between the dormitory authority of the state of
New York and the department of environmental conservation and/or the
office of parks, recreation and historic preservation to the governor,
the temporary president of the senate and speaker of the assembly. Such
report shall include but not be limited to a description of each such
project, the project identification number of each such project, if
applicable, the projected date of completion, the status of the project,
the total cost or projected cost of each such project, and the location,
including the names of any county, town, village or city, where each
such project is located or proposed. In addition, such a report shall be
provided to the aforementioned parties by the first day of March of each
year that the authority to enter into such agreements pursuant to part
BB of chapter 58 of the laws of 2012 is in effect.
S 3. This act shall take effect immediately and shall be deemed to
have been in effect on and after April 1, 2014.
S. 6357--C 74
PART X
Intentionally Omitted
PART Y
Section 1. Section 2976-a of the public authorities law is REPEALED.
S 2. Section 2868 of the public health law, as amended by section 43-a
of part B of chapter 58 of the laws of 2008, is amended to read as
follows:
S 2868. Fees and charges. The commissioner may by regulation establish
and charge to any nursing home company, for the period of occupancy date
to mortgage discharge, a fee for inspection, regulation, supervision and
audit not to annually exceed two-tenths of one percent of the mortgage
loan to recover the departmental costs in performing these functions IN
RELATION TO ANY NURSING HOME PROJECT FINANCED OR REFINANCED BY A LOAN
MADE UNDER THIS ARTICLE PRIOR TO APRIL FIRST, TWO THOUSAND FOURTEEN.
NOTWITHSTANDING THE FOREGOING, NO SUCH FEE SHALL BE CHARGED OR PAYABLE
PURSUANT TO THIS SECTION WITH RESPECT TO A NURSING HOME PROJECT FINANCED
OR REFINANCED WITH BONDS ISSUED ON OR AFTER APRIL FIRST, TWO THOUSAND
FOURTEEN.
S 3. Section 2881 of the public health law, as amended by section 43-b
of part B of chapter 58 of the laws of 2008, is amended to read as
follows:
S 2881. Fees and charges. The commissioner may, by regulation, estab-
lish and charge to eligible borrowers, for the period from occupancy
date to mortgage discharge, a fee for inspection, regulation, super-
vision and audit not to annually exceed two-tenths of one percent of the
mortgage loan to recover the departmental costs in performing these
functions IN RELATION TO ANY HOSPITAL PROJECT FINANCED OR REFINANCED BY
A LOAN MADE UNDER THIS ARTICLE PRIOR TO APRIL FIRST, TWO THOUSAND FOUR-
TEEN. NOTWITHSTANDING THE FOREGOING, NO SUCH FEE SHALL BE CHARGED OR
PAYABLE PURSUANT TO THIS SECTION WITH RESPECT TO A HOSPITAL PROJECT
FINANCED OR REFINANCED WITH BONDS ISSUED ON OR AFTER APRIL FIRST, TWO
THOUSAND FOURTEEN.
S 4. This act shall take effect immediately.
PART Z
Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York state urban development
corporation act, as amended by chapter 81 of the laws of 2013, is
amended to read as follows:
3. The provisions of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2014] 2015.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2014.
PART AA
Section 1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of the New York state urban development corporation to make loans, as
amended by section 1 of part H of chapter 58 of the laws of 2013, is
amended to read as follows:
S. 6357--C 75
S 2. This act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2014] 2015, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of such subdivision prior to
such expiration and repeal.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014.
PART BB
Section 1. The tax law is amended by adding a new section 1149 to read
as follows:
S 1149. SPECIAL DEPOSIT OF REVENUE FOR UPSTATE TRANSIT. (A) BASE YEAR
DEPOSIT. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, ON APRIL
FIRST, TWO THOUSAND FOURTEEN, AN AMOUNT FROM THE GENERAL FUND EQUIVALENT
TO THE DIFFERENCE BETWEEN ONE HUNDRED SEVENTY-FIVE MILLION FIVE HUNDRED
SIX THOUSAND DOLLARS AND ONE HUNDRED SEVENTY-FIVE MILLION FIVE HUNDRED
SIX DOLLARS MULTIPLIED BY THE ANNUAL PERCENTAGE INCREASE IN REVENUES
RECEIVED FROM THE STATE SALES AND COMPENSATING USE TAXES COLLECTED UNDER
SECTION ELEVEN HUNDRED FIVE OF THIS ARTICLE IMPOSED ON THOSE COUNTIES
OTHER THAN THE TWELVE COUNTIES THAT COMPROMISE THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW FROM CALENDAR
YEAR TWO THOUSAND TWELVE TO TWO THOUSAND THIRTEEN SHALL BE DEPOSITED IN
THE MASS TRANSPORTATION OPERATING ASSISTANCE FUND TO THE CREDIT OF THE
UPSTATE SPECIAL AID SUBACCOUNT OF THE PUBLIC TRANSPORTATION SYSTEMS
OPERATING ASSISTANCE ACCOUNT.
(B) ADJUSTED AMOUNT. ON APRIL FIRST OF EACH SUBSEQUENT YEAR, ONE
HUNDRED SEVENTY-FIVE MILLION FIVE HUNDRED SIX THOUSAND DOLLARS SHALL BE
MULTIPLIED BY THE CUMULATIVE PERCENTAGE CHANGE IN ANNUAL REVENUES
RECEIVED FROM THE STATE SALES AND COMPENSATING USE TAXES COLLECTED UNDER
SECTION ELEVEN HUNDRED FIVE OF THIS ARTICLE IMPOSED ON THOSE COUNTIES
OTHER THAN THE TWELVE COUNTIES THAT COMPROMISE THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT CREATED AND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW FROM TWO THOUSAND
TWELVE AND THE MOST RECENT CALENDAR YEAR. AN AMOUNT OF GENERAL FUNDS
EQUIVALENT TO THE DIFFERENCE BETWEEN THE ADJUSTED AMOUNT CALCULATED IN
THIS SUBDIVISION AND ONE HUNDRED SEVENTY-FIVE MILLION FIVE HUNDRED SIX
THOUSAND DOLLARS SHALL BE DEPOSITED IN THE MASS TRANSPORTATION OPERATING
ASSISTANCE FUND TO THE CREDIT OF THE UPSTATE SPECIAL AID SUBACCOUNT OF
THE PUBLIC TRANSPORTATION SYSTEMS OPERATING ASSISTANCE ACCOUNT.
(C) HOLD HARMLESS. IN NO YEAR WILL THE AMOUNT OF THE DEPOSIT AUTHOR-
IZED UNDER THIS SECTION BE LESS THAN THE AMOUNT MADE IN THE PRIOR YEAR.
S 2. Subdivision 5 of section 88-a of the state finance law, as added
by chapter 481 of the laws of 1981, is amended to read as follows:
5. (a) The "public transportation systems operating assistance
account" shall consist of revenues required to be deposited therein
pursuant to the provisions of section one hundred eighty-two-a of the
tax law and all other moneys credited or transferred thereto from any
other fund or source pursuant to law.
(b) A SEPARATE AND DISTINCT "UPSTATE SPECIAL AID" SUBACCOUNT SHALL BE
CREATED AND CONSIST OF REVENUES REQUIRED TO BE DEPOSITED THEREIN PURSU-
S. 6357--C 76
ANT TO THE PROVISIONS OF SECTION ELEVEN HUNDRED FORTY-NINE OF THE TAX
LAW.
(C) Moneys in the public transportation systems operating assistance
account shall be paid on a quarterly basis beginning October first,
nineteen hundred eighty-one. However, if there is a demonstrated cash
shortfall in any eligible system, payments to such system may be accel-
erated. Such payments shall be made in accordance with a schedule as
specified by appropriation for the payment of operating costs of public
mass transportation systems outside the metropolitan commuter transpor-
tation district as defined by section twelve hundred sixty-two of the
public authorities law, eligible to receive operating assistance pursu-
ant to section eighteen-b of the transportation law.
S 3. This act shall take effect immediately.
PART CC
Section 1. Paragraph (a) of subdivision 1 of section 2281 of the vehi-
cle and traffic law, as amended by chapter 319 of the laws of 1997, is
amended to read as follows:
(a) "All terrain vehicle" or "ATV" means any self-propelled vehicle
which is manufactured for sale for operation primarily on off-highway
trails or off-highway competitions and only incidentally operated on
public highways providing that such vehicle does not exceed seventy
inches in width, or one thousand FIVE HUNDRED pounds dry weight.
Provided, however, this definition shall not include a "snowmobile" or
other self-propelled vehicles manufactured for off-highway use exclu-
sively designed for travel on snow or ice, steered by skis or runners
and supported in whole or in part by one or more skis, belts or cleats
which utilize an endless belt tread.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
PART DD
Section 1. The real property tax law is amended by adding a new
section 431 to read as follows:
S 431. GREEN DEVELOPMENT HOME TAX EXEMPTION. 1. AS USED IN THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "MUNICIPALITY" MEANS ANY TOWN, CITY OR VILLAGE, EXCEPT FOR A CITY
HAVING MORE THAN ONE MILLION INHABITANTS.
(B) "APPLICANT" MEANS ANY PERSON OBLIGATED TO PAY REAL PROPERTY TAXES
ON THE PROPERTY FOR WHICH AN EXEMPTION FROM REAL PROPERTY TAXES UNDER
THIS SECTION IS SOUGHT.
(C) "CERTIFIED SILVER" SHALL MEAN (I) CERTIFIED BY THE NAHB NATIONAL
GREEN BUILDING CERTIFICATION PROGRAM AT A PERFORMANCE POINT LEVEL OF
SILVER OR BETTER, OR (II) LEED FOR NEW CONSTRUCTION CERTIFIED SILVER OR
BETTER.
(D) "GREEN DEVELOPMENT NEIGHBORHOOD" SHALL MEAN A SUBDIVISION,
CONSISTING OF NEW ONE, TWO OR THREE FAMILY RESIDENCES THAT IS (I) EITHER
A GREEN DEVELOPMENT OR LEED-ND CERTIFIED, AND (II) SUBJECT TO DEED
RESTRICTIONS OR OTHER COVENANTS RUNNING WITH THE LAND WHICH REQUIRE ALL
RESIDENCES WITHIN THE SUBDIVISION TO BE CONSTRUCTED SO AS TO BE CERTI-
FIED SILVER.
(E) "GREEN DEVELOPMENT" SHALL MEAN A SUBDIVISION DEVELOPMENT WITH A
PERFORMANCE POINT LEVEL OF FOUR STARS AS RATED BY THE NAHB.
S. 6357--C 77
(F) "LEED" SHALL MEAN THE UNITED STATES GREEN BUILDING COUNCIL LEADER-
SHIP IN ENERGY AND ENVIRONMENTAL DESIGN RATING SYSTEM.
(G) "RESIDENCE" SHALL MEAN A ONE, TWO OR THREE FAMILY RESIDENTIAL
STRUCTURE.
(H) "LEED-ND" SHALL MEAN LEED FOR NEIGHBORHOOD DEVELOPMENT.
(I) "NAHB" SHALL MEAN THE NATIONAL ASSOCIATION OF HOME BUILDERS.
(J) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY
COMPANY, PARTNERSHIP, ASSOCIATION, AGENCY, TRUST, ESTATE, FOREIGN OR
DOMESTIC GOVERNMENT OR SUBDIVISION THEREOF, OR OTHER ENTITY.
2. (A) THE LOCAL LEGISLATIVE BODY OF ANY MUNICIPALITY MAY, BY LOCAL
LAW, PROVIDE FOR THE EXEMPTION OF REAL PROPERTY FROM TAXATION AS
PROVIDED IN THIS SECTION. UPON THE ADOPTION OF SUCH A LOCAL LAW, THE
COUNTY IN WHICH SUCH MUNICIPALITY IS LOCATED MAY, BY LOCAL LAW, AND ANY
SCHOOL DISTRICT, ALL OR PART OF WHICH IS LOCATED IN SUCH MUNICIPALITY,
MAY, BY RESOLUTION, EXEMPT SUCH PROPERTY FROM ITS TAXATION IN THE SAME
MANNER AND TO THE SAME EXTENT AS SUCH MUNICIPALITY. UPON THE ADOPTION OF
SUCH A LOCAL LAW, RESIDENTIAL AND COMMON AREA REAL PROPERTY WITHIN A
GREEN DEVELOPMENT NEIGHBORHOOD MEETING THE REQUIREMENTS OF PARAGRAPH (B)
OF THIS SUBDIVISION SHALL BE EXEMPT FROM TAXATION AND SPECIAL AD VALOREM
LEVIES TO THE EXTENT OF THIRTY-FIVE PERCENT OF THE ASSESSED VALUE OF
SUCH REAL PROPERTY. SUCH LOCAL LAW SHALL PROVIDE FOR THE PERIOD OF TIME
DURING WHICH SUCH EXEMPTION SHALL CONTINUE, BUT IN NO EVENT LONGER THAN
TWENTY YEARS FOR EACH PARCEL WHICH APPLIES FOR SUCH EXEMPTION.
(B) UPON OBTAINING A LEED-ND CERTIFICATION OR GREEN DEVELOPMENT
CERTIFICATION, A DEVELOPER SHALL FILE WITH THE TAX ASSESSOR OF THE
ASSESSING UNIT A COPY OF SUCH CERTIFICATION TOGETHER WITH A MAP OF THE
SUBDIVISION AND EVIDENCE THAT ALL OF THE RESIDENTIAL PARCELS WITHIN THE
SUBDIVISION ARE SUBJECT TO DEED RESTRICTIONS OR COVENANTS RUNNING WITH
THE LAND WHICH REQUIRE RESIDENCES TO BE CONSTRUCTED SO AS TO BE CERTI-
FIED SILVER. INDIVIDUAL RESIDENTIAL PARCELS WITHIN THE SUBDIVISION SHALL
BE ENTITLED TO A TAX EXEMPTION AS PROVIDED IN THE LOCAL LAW OR RESOL-
UTION UPON SUBMISSION TO THE TAX ASSESSOR OF DOCUMENTATION THAT THE
CONSTRUCTION IS CERTIFIED SILVER. COMMON AREA AND VACANT PARCELS WITHIN
THE SUBDIVISION SHALL BE EXEMPT AS PROVIDED IN THE LOCAL LAW OR RESOL-
UTION UPON SUBMISSION OF THE CERTIFICATION AND MAP TO THE ASSESSOR BY
THE DEVELOPER.
(C) AN EXEMPTION UNDER THIS SECTION SHALL BE GRANTED ONLY UPON APPLI-
CATION BY THE OWNER OF SUCH REAL PROPERTY ON A FORM PRESCRIBED BY THE
COMMISSIONER. SUCH APPLICATION SHALL BE FILED WITH THE ASSESSOR OF THE
MUNICIPALITY OR COUNTY HAVING THE POWER TO ASSESS PROPERTY FOR TAXATION
ON OR BEFORE THE APPROPRIATE TAXABLE STATUS DATE OF SUCH MUNICIPALITY OR
COUNTY.
(D) IF THE ASSESSOR IS SATISFIED THAT THE APPLICANT IS ENTITLED TO AN
EXEMPTION PURSUANT TO THIS SECTION, HE OR SHE SHALL APPROVE THE APPLICA-
TION AND SUCH REAL PROPERTY SHALL THEREAFTER BE EXEMPT FROM TAXATION AND
SPECIAL AD VALOREM LEVIES AS PROVIDED IN THIS SECTION COMMENCING WITH
THE ASSESSMENT ROLL PREPARED AFTER THE TAXABLE STATUS DATE FOLLOWING THE
SUBMISSION OF AN APPLICATION TO THE ASSESSOR. THE ASSESSED VALUE OF ANY
EXEMPTION GRANTED PURSUANT TO THIS SECTION SHALL BE ENTERED BY THE
ASSESSOR ON THE ASSESSMENT ROLL WITH THE TAXABLE PROPERTY, WITH THE
AMOUNT OF THE EXEMPTION SHOWN IN A SEPARATE COLUMN.
(E) NO SUCH EXEMPTION SHALL BE GRANTED UNLESS CONSTRUCTION OF RESI-
DENCES WITHIN A GREEN DEVELOPMENT NEIGHBORHOOD WAS COMMENCED SUBSEQUENT
TO THE DATE ON WHICH THE MUNICIPALITY'S LOCAL LAW TOOK EFFECT.
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
S. 6357--C 78
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on or
before such date.
PART EE
Section 1. The section heading of section 343-k of the highway law, as
separately amended by chapters 344, 360 and 365 of the laws of 2013, is
amended, and a new subdivision 10 is added to read as follows:
Portions of the state highway system to be designated as the "Lake
Erie Wine Country Trail", the "Canandaigua Wine Trail", the "Cayuga Wine
Trail East", the "Cayuga Wine Trail West", the "Seneca Lake Wine Trail
East", the "Seneca Lake Wine Trail West", the "Keuka Lake Wine Trail",
the "Shawangunk Wine Trail", the "Dutchess Wine Trail", the "North Fork
Wine Trail", the "Hamptons Wine Trail", the "Long Island Wine Region",
the "Niagara Wine Trail Ridge", the "Niagara Wine Trail Lake", the "Lake
Ontario Wine Trail" [and], the "Adirondack Coast Wine Trail" AND THE
"ST. LAWRENCE WINE TRAIL".
10. ALL THAT PORTION OF THE STATE HIGHWAY SYSTEM BEGINNING AT THE
INTERSECTION OF ROUTE 37 AND COUNTY ROUTE 6 IN THE TOWN OF HAMMOND, AND
CONTINUING NORTH ON COUNTY ROUTE 6 TO ITS INTERSECTION WITH STATE ROUTE
58 IN THE TOWN OF MORRISTOWN, AND CONTINUING NORTH ON COUNTY ROUTE 6 IN
THE TOWN OF OSWEGATCHIE TO ITS INTERSECTION WITH STATE ROUTE 37 IN THE
CITY OF OGDENSBURG AND CONTINUING EAST ON STATE ROUTE 37 TO ITS INTER-
SECTION WITH ROUTE 68 IN THE TOWN OF OSWEGATCHIE, AND CONTINUING EAST ON
ROUTE 37 TO THE INTERSECTION WITH COUNTY ROUTE 27 IN THE TOWN OF LISBON,
CONTINUING SOUTH ON COUNTY ROUTE 27 TO THE INTERSECTION WITH COUNTY
ROUTE 10, CONTINUING SOUTH TO THE INTERSECTION WITH STATE ROUTE 68,
CONTINUING SOUTH TO THE INTERSECTION WITH STATE ROUTE 11 IN THE VILLAGE
OF CANTON, CONTINUING NORTH ON ROUTE 11 TO THE INTERSECTION OF ROUTE 56,
AND CONTINUING NORTH ON ROUTE 11 TO STOCKHOLM CENTER AND CONTINUING
NORTH ON ROUTE 11-C NORTH TO THE INTERSECTION WITH COUNTY ROUTE 53 IN
WINTHROP IN THE TOWN OF STOCKHOLM SHALL BE DESIGNATED AND KNOWN AS THE
"ST. LAWRENCE WINE TRAIL".
S 2. This act shall take effect immediately.
PART FF
Section 1. Short title. This act shall be known and may be cited as
the "bridge and road investment and dedicated fund guaranteed enforce-
ment (BRIDGE) reform act".
S 2. Paragraph a of subdivision 5 of section 89-b of the state finance
law, as amended by section 60 of part HH of chapter 57 of the laws of
2013, is amended to read as follows:
a. Moneys in the dedicated highway and bridge trust fund shall,
following appropriation by the legislature, be utilized for: recon-
struction, replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village roads, highways,
parkways, and bridges thereon, to restore such facilities to their
intended functions; construction, reconstruction, enhancement and
improvement of state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for traffic mitigation activities; aviation
projects authorized pursuant to section fourteen-j of the transportation
law and for payments to the general debt service fund of amounts equal
to amounts required for service contract payments related to aviation
S. 6357--C 79
projects as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned firms engaged in transportation construction and recon-
struction projects, including a revolving fund for working capital
loans, and a bonding guarantee assistance program in accordance with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion of real property and interests therein required or expected to be
required in connection with such projects; preventive maintenance activ-
ities necessary to ensure that highways, parkways and bridges meet or
exceed their optimum useful life; [expenses of control of snow and ice
on state highways by the department of transportation including but not
limited to personal services, nonpersonal services and fringe benefits,
payment of emergency aid for control of snow and ice in municipalities
pursuant to section fifty-five of the highway law, expenses of control
of snow and ice on state highways by municipalities pursuant to section
twelve of the highway law, and for expenses of arterial maintenance
agreements with cities pursuant to section three hundred forty-nine of
the highway law;] personal services and fringe benefit costs of the
department of transportation for bus safety inspection activities;
[costs of the department of motor vehicles, including but not limited to
personal and nonpersonal services;] costs of engineering and administra-
tive services of the department of transportation, including but not
limited to fringe benefits; the contract services provided by private
firms in accordance with section fourteen of the transportation law;
personal services and nonpersonal services, for activities including but
not limited to the preparation of designs, plans, specifications and
estimates; construction management and supervision activities; costs of
appraisals, surveys, testing and environmental impact statements for
transportation projects; expenses in connection with buildings, equip-
ment, materials and facilities used or useful in connection with the
maintenance, operation, and repair of highways, parkways and bridges
thereon; and project costs for: construction, reconstruction, improve-
ment, reconditioning and preservation of rail freight facilities and
intercity rail passenger facilities and equipment; construction, recon-
struction, improvement, reconditioning and preservation of state, munic-
ipal and privately owned ports; construction, reconstruction, improve-
ment, reconditioning and preservation of municipal airports; privately
owned airports and aviation capital facilities, excluding airports oper-
ated by the state or operated by a bi-state municipal corporate instru-
mentality for which federal funding is not available provided the
project is consistent with an approved airport layout plan; and
construction, reconstruction, enhancement, improvement, replacement,
reconditioning, restoration, rehabilitation and preservation of state,
county, town, city and village roads, highways, parkways and bridges;
and construction, reconstruction, improvement, reconditioning and pres-
ervation of fixed ferry facilities of municipal and privately owned
ferry lines for transportation purposes, and the payment of debt service
required on any bonds, notes or other obligations and related expenses
for highway, parkway, bridge and project costs for: construction, recon-
struction, improvement, reconditioning and preservation of rail freight
facilities and intercity rail passenger facilities and equipment;
construction, reconstruction, improvement, reconditioning and preserva-
tion of state, municipal and privately owned ports; construction, recon-
struction, improvement, reconditioning and preservation of municipal
airports; privately owned airports and aviation capital facilities,
S. 6357--C 80
excluding airports operated by the state or operated by a bi-state
municipal corporate instrumentality for which federal funding is not
available provided the project is consistent with an approved airport
layout plan; construction, reconstruction, enhancement, improvement,
replacement, reconditioning, restoration, rehabilitation and preserva-
tion of state, county, town, city and village roads, highways, parkways
and bridges; and construction, reconstruction, improvement, recondition-
ing and preservation of fixed ferry facilities of municipal and private-
ly owned ferry lines for transportation purposes, purposes authorized on
or after the effective date of this section. Beginning with disburse-
ments made on and after the first day of April, nineteen hundred nine-
ty-three, moneys in such fund shall be available to pay such costs or
expenses made pursuant to appropriations or reappropriations made during
the state fiscal year which began on the first of April, nineteen
hundred ninety-two. Beginning the first day of April, nineteen hundred
ninety-three, moneys in such fund shall also be used for transfers to
the general debt service fund and the revenue bond tax fund of amounts
equal to that respectively required for service contract and financing
agreement payments as provided and authorized by section three hundred
eighty of the public authorities law, section eleven of chapter three
hundred twenty-nine of the laws of nineteen hundred ninety-one, as
amended, and sections sixty-eight-c and sixty-nine-o of this chapter.
S 3. Paragraph a of subdivision 5 of section 89-b of the state finance
law, as amended by section 60-a of part HH of chapter 57 of the laws of
2013, is amended to read as follows:
a. Moneys in the dedicated highway and bridge trust fund shall,
following appropriation by the legislature, be utilized for: recon-
struction, replacement, reconditioning, restoration, rehabilitation and
preservation of state, county, town, city and village roads, highways,
parkways, and bridges thereon, to restore such facilities to their
intended functions; construction, reconstruction, enhancement and
improvement of state, county, town, city, and village roads, highways,
parkways, and bridges thereon, to address current and projected capacity
problems including costs for traffic mitigation activities; aviation
projects authorized pursuant to section fourteen-j of the transportation
law and for payments to the general debt service fund of amounts equal
to amounts required for service contract payments related to aviation
projects as provided and authorized by section three hundred eighty-six
of the public authorities law; programs to assist small and minority and
women-owned firms engaged in transportation construction and recon-
struction projects, including a revolving fund for working capital
loans, and a bonding guarantee assistance program in accordance with
provisions of this chapter; matching federal grants or apportionments to
the state for highway, parkway and bridge capital projects; the acquisi-
tion of real property and interests therein required or expected to be
required in connection with such projects; preventive maintenance activ-
ities necessary to ensure that highways, parkways and bridges meet or
exceed their optimum useful life; [expenses of control of snow and ice
on state highways by the department of transportation including but not
limited to personal services, nonpersonal services and fringe benefits,
payment of emergency aid for control of snow and ice in municipalities
pursuant to section fifty-five of the highway law, expenses of control
of snow and ice on state highways by municipalities pursuant to section
twelve of the highway law, and for expenses of arterial maintenance
agreements with cities pursuant to section three hundred forty-nine of
the highway law;] personal services and fringe benefit costs of the
S. 6357--C 81
department of transportation for bus safety inspection activities; costs
of engineering and administrative services of the department of trans-
portation, including but not limited to fringe benefits; the contract
services provided by private firms in accordance with section fourteen
of the transportation law; personal services and nonpersonal services,
for activities including but not limited to the preparation of designs,
plans, specifications and estimates; construction management and super-
vision activities; costs of appraisals, surveys, testing and environ-
mental impact statements for transportation projects; expenses in
connection with buildings, equipment, materials and facilities used or
useful in connection with the maintenance, operation, and repair of
highways, parkways and bridges thereon; and project costs for:
construction, reconstruction, improvement, reconditioning and preserva-
tion of rail freight facilities and intercity rail passenger facilities
and equipment; construction, reconstruction, improvement, reconditioning
and preservation of state, municipal and privately owned ports;
construction, reconstruction, improvement, reconditioning and preserva-
tion of municipal airports; privately owned airports and aviation capi-
tal facilities, excluding airports operated by the state or operated by
a bi-state municipal corporate instrumentality for which federal funding
is not available provided the project is consistent with an approved
airport layout plan; and construction, reconstruction, enhancement,
improvement, replacement, reconditioning, restoration, rehabilitation
and preservation of state, county, town, city and village roads, high-
ways, parkways and bridges; and construction, reconstruction, improve-
ment, reconditioning and preservation of fixed ferry facilities of
municipal and privately owned ferry lines for transportation purposes,
and the payment of debt service required on any bonds, notes or other
obligations and related expenses for highway, parkway, bridge and
project costs for: construction, reconstruction, improvement, recondi-
tioning and preservation of rail freight facilities and intercity rail
passenger facilities and equipment; construction, reconstruction,
improvement, reconditioning and preservation of state, municipal and
privately owned ports; construction, reconstruction, improvement, recon-
ditioning and preservation of municipal airports; privately owned
airports and aviation capital facilities, excluding airports operated by
the state or operated by a bi-state municipal corporate instrumentality
for which federal funding is not available provided the project is
consistent with an approved airport layout plan; construction, recon-
struction, enhancement, improvement, replacement, reconditioning, resto-
ration, rehabilitation and preservation of state, county, town, city and
village roads, highways, parkways and bridges; and construction, recon-
struction, improvement, reconditioning and preservation of fixed ferry
facilities of municipal and privately owned ferry lines for transporta-
tion purposes, purposes authorized on or after the effective date of
this section. Beginning with disbursements made on and after the first
day of April, nineteen hundred ninety-three, moneys in such fund shall
be available to pay such costs or expenses made pursuant to appropri-
ations or reappropriations made during the state fiscal year which began
on the first of April, nineteen hundred ninety-two. Beginning the first
day of April, nineteen hundred ninety-three, moneys in such fund shall
also be used for transfers to the general debt service fund and the
revenue bond tax fund of amounts equal to that respectively required for
service contract and financing agreement payments as provided and
authorized by section three hundred eighty of the public authorities
law, section eleven of chapter three hundred twenty-nine of the laws of
S. 6357--C 82
nineteen hundred ninety-one, as amended, and sections sixty-eight-c and
sixty-nine-o of this chapter.
S 4. Subdivision 5 of section 89-b of the state finance law is amended
by adding two new paragraphs d and e to read as follows:
D. MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND APPROPRIATED
BY THE LEGISLATURE FOR EXPENSES OF CONTROL OF SNOW AND ICE ON STATE
HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION INCLUDING BUT NOT LIMITED
TO PERSONAL SERVICES, NONPERSONAL SERVICES AND FRINGE BENEFITS, PAYMENT
OF EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN MUNICIPALITIES PURSUANT
TO SECTION FIFTY-FIVE OF THE HIGHWAY LAW, EXPENSES OF CONTROL OF SNOW
AND ICE ON STATE HIGHWAYS BY MUNICIPALITIES PURSUANT TO SECTION TWELVE
OF THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAINTENANCE AGREEMENTS
WITH CITIES PURSUANT TO SECTION THREE HUNDRED FORTY-NINE OF THE HIGHWAY
LAW SHALL NOT EXCEED:
(I) $252 MILLION FOR FISCAL YEAR TWO THOUSAND FOURTEEN--TWO THOUSAND
FIFTEEN;
(II) $189 MILLION FOR FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND
SIXTEEN;
(III) $126 MILLION FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN; AND
(IV) $63 MILLION FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN.
(V) FOR FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN AND
FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
AND BRIDGE TRUST FUND SHALL BE EXPENDED FOR EXPENSES OF CONTROL OF SNOW
AND ICE ON STATE HIGHWAYS BY THE DEPARTMENT OF TRANSPORTATION INCLUDING
BUT NOT LIMITED TO PERSONAL SERVICES, NONPERSONAL SERVICES AND FRINGE
BENEFITS, PAYMENT OF EMERGENCY AID FOR CONTROL OF SNOW AND ICE IN MUNI-
CIPALITIES PURSUANT TO SECTION FIFTY-FIVE OF THE HIGHWAY LAW, EXPENSES
OF CONTROL OF SNOW AND ICE ON STATE HIGHWAYS BY MUNICIPALITIES PURSUANT
TO SECTION TWELVE OF THE HIGHWAY LAW, AND FOR EXPENSES OF ARTERIAL MAIN-
TENANCE AGREEMENTS WITH CITIES PURSUANT TO SECTION THREE HUNDRED FORTY-
NINE OF THE HIGHWAY LAW.
E. MONEYS IN THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND APPROPRIATED
BY THE LEGISLATURE FOR COSTS OF THE DEPARTMENT OF MOTOR VEHICLES,
INCLUDING BUT NOT LIMITED TO PERSONAL AND NONPERSONAL SERVICES SHALL NOT
EXCEED:
(I) $156 MILLION FOR FISCAL YEAR TWO THOUSAND FOURTEEN--TWO THOUSAND
FIFTEEN;
(II) $117 MILLION FOR FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND
SIXTEEN;
(III) $78 MILLION FOR FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN; AND
(IV) $39 MILLION FOR FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND
EIGHTEEN.
(V) FOR FISCAL YEAR TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN AND
FOR ALL SUBSEQUENT YEARS THEREAFTER NO MONEYS FROM THE DEDICATED HIGHWAY
AND BRIDGE TRUST FUND SHALL BE EXPENDED FOR COSTS OF THE DEPARTMENT OF
MOTOR VEHICLES, INCLUDING BUT NOT LIMITED TO PERSONAL AND NONPERSONAL
SERVICES.
S 5. This act shall take effect immediately, provided that the amend-
ments to paragraph a of subdivision 5 of section 89-b of the state
finance law made by section two of this act shall be subject to the
expiration and reversion of such paragraph pursuant to section 2 of part
B of chapter 84 of the laws of 2002, as amended, when upon such date the
provisions of section three of this act shall take effect.
S. 6357--C 83
PART GG
Section 1. Section 20 of the highway law is amended by adding a new
subdivision 5 to read as follows:
5. THE COMMISSIONER SHALL PROVIDE AT ALL TIMES A CONVENIENT AND SAFE
ACCESS TO VEHICULAR TRAFFIC, WITH REGARD TO THE ROADSIDE REST AND RECRE-
ATIONAL NEEDS OF THE TRAVELING PUBLIC AND GENERAL PUBLIC SAFETY
CONCERNS, AS WELL AS A WATER SUPPLY, SANITARY FACILITIES, PARKING SPACE
FOR AUTOMOBILES OR SUCH OTHER NON-COMMERCIAL FACILITIES AS ARE SUITABLE
FOR REST AND RELAXATION STOPS BY HIGHWAY TRAVELERS, INSTALLATION OF
VENDING MACHINES DISPENSING SUCH FOOD, DRINK AND OTHER ARTICLES AS HE OR
SHE DEEMS APPROPRIATE OR DESIRABLE, AND SUITABLE MARKINGS INDICATING
THEIR LOCATION ON HIGHWAYS LEADING THERETO AT THE FOLLOWING FACILITIES:
(A) BREWERTON/HASTINGS ON INTERSTATE ROUTE EIGHTY-ONE SOUTHBOUND
BETWEEN EXITS THIRTY-ONE AND THIRTY-TWO IN THE COUNTY OF OSWEGO;
(B) SCHODACK ON INTERSTATE ROUTE NINETY WESTBOUND BETWEEN EXITS ELEVEN
AND TWELVE IN THE COUNTY OF RENSSELAER;
(C) LEWIS ON INTERSTATE ROUTE EIGHTY-SEVEN SOUTHBOUND BETWEEN EXITS
THIRTY-ONE AND THIRTY-TWO IN THE COUNTY OF ESSEX;
(D) SCHROON LAKE NORTHBOUND ON INTERSTATE ROUTE EIGHTY-SEVEN BETWEEN
EXITS TWENTY-SEVEN AND TWENTY-EIGHT IN THE COUNTY OF ESSEX;
(E) WORCESTER ON INTERSTATE ROUTE EIGHTY-EIGHT EASTBOUND BETWEEN EXITS
EIGHTEEN AND NINETEEN IN THE COUNTY OF OTSEGO; AND
(F) WELLS BRIDGE ON INTERSTATE ROUTE EIGHTY-EIGHT WESTBOUND BETWEEN
EXITS ELEVEN AND TWELVE IN THE COUNTY OF OTSEGO.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
PART HH
Section 1. Section 97-eeee of the state finance law, as added by
section 3 of part A of chapter 60 of the laws of 2005, is amended by
adding a new subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, UNALLOCATED AS
WELL AS ALLOCATED BY UNDISTRIBUTED AMOUNTS APPROPRIATED TO THE DEPART-
MENT OF TRANSPORTATION FROM THE REBUILD AND RENEW NEW YORK TRANSPORTA-
TION BOND ACT, AS PROVIDED FOR IN CHAPTER SIXTY OF THE LAWS OF TWO THOU-
SAND FIVE AND DESCRIBED IN THE TWO THOUSAND FIVE TRANSPORTATION
MEMORANDUM OF UNDERSTANDING AS INTENDED FOR THE NON-MTA TRANSIT CAPITAL
PROGRAM, SHALL BE MADE AVAILABLE, IN ACCORDANCE WITH THE TRADITIONAL
SERVICE AND USAGE FORMULA ESTABLISHED BY THE COMMISSIONER OF TRANSPORTA-
TION WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, TO THE DEPARTMENT
OF TRANSPORTATION FOR DISTRIBUTION TO THE FOLLOWING PUBLIC AUTHORITIES
NO LATER THAN APRIL FIRST, TWO THOUSAND FOURTEEN: NIAGARA FRONTIER
TRANSPORTATION AUTHORITY ESTABLISHED PURSUANT TO SECTION TWELVE HUNDRED
NINETY-NINE-C OF THE PUBLIC AUTHORITIES LAW, ROCHESTER-GENESEE REGIONAL
TRANSPORTATION AUTHORITY ESTABLISHED PURSUANT TO SECTION TWELVE HUNDRED
NINETY-NINE-DD OF THE PUBLIC AUTHORITIES LAW, CAPITAL DISTRICT TRANSPOR-
TATION AUTHORITY ESTABLISHED PURSUANT TO SECTION THIRTEEN HUNDRED THREE
OF THE PUBLIC AUTHORITIES LAW, AND CENTRAL NEW YORK REGIONAL TRANSPORTA-
TION AUTHORITY ESTABLISHED PURSUANT TO SECTION THIRTEEN HUNDRED TWENTY-
EIGHT OF THE PUBLIC AUTHORITIES LAW.
S 2. This act shall take effect immediately.
PART II
S. 6357--C 84
Section 1. Short title. This act shall be known and may be cited as
the "northern New York power proceeds allocation act".
S 2. The economic development law is amended by adding a new article
6-B to read as follows:
ARTICLE 6-B
NORTHERN NEW YORK POWER PROCEEDS ALLOCATION ACT
SECTION 189-E. DEFINITIONS.
189-F. THE NORTHERN NEW YORK POWER PROCEEDS ALLOCATION BOARD.
189-G. GENERAL POWERS AND DUTIES OF THE BOARD.
189-H. RULES AND REGULATIONS.
S 189-E. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "AUTHORITY" IS THE POWER AUTHORITY OF THE STATE OF NEW YORK.
2. "BOARD" IS THE NORTHERN NEW YORK POWER PROCEEDS ALLOCATION BOARD
CREATED BY THIS ARTICLE.
3. "BENEFITS" OR "FUND BENEFITS" ARE PAYMENTS TO ELIGIBLE APPLICANTS
SELECTED BY THE AUTHORITY FOR THE PURPOSE OF FUNDING ELIGIBLE DEVELOP-
MENT POWER PROJECTS WITH MONIES DERIVED FROM NET EARNINGS THAT HAVE BEEN
DEPOSITED INTO THE NORTHERN NEW YORK ECONOMIC DEVELOPMENT FUND.
4. "ELIGIBLE APPLICANT" MEANS A PRIVATE BUSINESS, INCLUDING A
NOT-FOR-PROFIT CORPORATION WITH THE EXCEPTION OF QUALIFIED TRANSPORTA-
TION CAPACITY EXPANSION PROJECTS WHERE A PUBLIC ENTITY MAY BE AN ELIGI-
BLE APPLICANT.
5. "ELIGIBLE DEVELOPMENT POWER PROJECTS" ARE ECONOMIC DEVELOPMENT
PROJECTS BY ELIGIBLE APPLICANTS THAT IN THE CASE OF PROJECTS RECEIVING
AN ALLOCATION OF DEVELOPMENT POWER NET EARNINGS ARE PHYSICALLY LOCATED
WITHIN THE STATE OF NEW YORK WITHIN ST. LAWRENCE COUNTY, OR IN THE CASE
OF PROJECTS RECEIVING AN ALLOCATION OF PRESERVATION POWER NET EARNINGS
ARE PHYSICALLY LOCATED WITHIN THE STATE OF NEW YORK WITHIN ST. LAWRENCE,
JEFFERSON OR FRANKLIN COUNTIES, THAT WILL SUPPORT THE GROWTH OF BUSINESS
IN THE STATE AND THEREBY LEAD TO THE CREATION OR MAINTENANCE OF JOBS AND
TAX REVENUES FOR THE STATE AND LOCAL GOVERNMENTS. ELIGIBLE DEVELOPMENT
POWER PROJECTS MAY INCLUDE CAPITAL INVESTMENTS IN BUILDINGS, EQUIPMENT,
AND ASSOCIATED INFRASTRUCTURE (COLLECTIVELY, "INFRASTRUCTURE") OWNED BY
AN ELIGIBLE APPLICANT FOR FUND BENEFITS; TRANSPORTATION PROJECTS UNDER
STATE OR FEDERALLY APPROVED PLANS; THE ACQUISITION OF LAND NEEDED FOR
INFRASTRUCTURE; RESEARCH AND DEVELOPMENT WHERE THE RESULTS OF SUCH
RESEARCH AND DEVELOPMENT WILL DIRECTLY BENEFIT NEW YORK STATE; SUPPORT
FOR TOURISM AND MARKETING AND ADVERTISING EFFORTS FOR NORTHERN NEW YORK
STATE TOURISM AND BUSINESS; ENERGY-RELATED PROJECTS; ELECTRIC RATE
RELIEF PROGRAMS FOR AGRICULTURAL CUSTOMERS; AND WATERFRONT REVITALIZA-
TION PROJECTS. ELIGIBLE DEVELOPMENT POWER PROJECTS DO NOT INCLUDE, AND
FUND BENEFITS MAY NOT BE USED FOR, PUBLIC INTEREST ADVERTISING OR ADVO-
CACY; LOBBYING; THE SUPPORT OR OPPOSITION OF ANY CANDIDATE FOR PUBLIC
OFFICE; THE SUPPORT OR OPPOSITION TO ANY PUBLIC ISSUE; LEGAL FEES
RELATED TO LITIGATION OF ANY KIND; EXPENSES RELATED TO ADMINISTRATIVE
PROCEEDINGS BEFORE STATE OR LOCAL AGENCIES; OR RETAIL BUSINESSES AS
DEFINED BY THE BOARD, INCLUDING WITHOUT LIMITATION, SPORTS VENUES,
GAMING AND GAMBLING OR ENTERTAINMENT-RELATED ESTABLISHMENTS, RESIDENTIAL
PROPERTIES, OR PLACES OF OVERNIGHT ACCOMMODATION.
6. "ENERGY-RELATED PROJECTS, PROGRAMS AND SERVICES" SHALL HAVE THE
SAME MEANING AS SUCH TERM IS DEFINED IN SUBPARAGRAPH TWO OF PARAGRAPH
(B) OF SUBDIVISION SEVENTEEN OF SECTION ONE THOUSAND FIVE OF THE PUBLIC
AUTHORITIES LAW.
7. "DEVELOPMENT POWER" IS THE TWENTY MEGAWATTS OF FIRM SAINT
LAWRENCE-FDR PROJECT HYDROELECTRIC POWER AS APPORTIONED PURSUANT TO
S. 6357--C 85
SUBDIVISION THIRTEEN OF SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORI-
TIES LAW. FOR THE PURPOSES OF THIS ARTICLE, "DEVELOPMENT POWER" MEANS
THE ENERGY ASSOCIATED WITH SUCH POWER.
8. "DEVELOPMENT POWER NET EARNINGS" IS THE AGGREGATE EXCESS OF REVEN-
UES RECEIVED BY THE AUTHORITY FROM THE SALE OF DEVELOPMENT POWER AND
ENERGY PRODUCED AT THE SAINT LAWRENCE-FDR PROJECT THAT WAS SOLD IN THE
WHOLESALE ENERGY MARKET OVER WHAT REVENUES WOULD HAVE BEEN RECEIVED HAD
SUCH ENERGY BEEN SOLD ON A FIRM BASIS TO AN ELIGIBLE DEVELOPMENT POWER
CUSTOMER UNDER THE APPLICABLE TARIFF OR CONTRACT.
9. "PRESERVATION POWER" IS THE FOUR HUNDRED NINETY MEGAWATTS OF FIRM
SAINT LAWRENCE-FDR PROJECT HYDROELECTRIC POWER AS SUCH TERM IS DEFINED
IN SUBDIVISION THIRTEEN OF SECTION ONE THOUSAND FIVE OF THE PUBLIC
AUTHORITIES LAW. FOR PURPOSES OF THIS ARTICLE, "PRESERVATION POWER"
MEANS THE ENERGY ASSOCIATED WITH SUCH POWER.
10. "PRESERVATION POWER NET EARNINGS" IS THE AGGREGATE EXCESS OF
REVENUES RECEIVED BY THE AUTHORITY FROM THE SALE OF PRESERVATION POWER
AND ENERGY PRODUCED AT THE SAINT LAWRENCE-FDR PROJECT THAT WAS SOLD IN
THE WHOLESALE ENERGY MARKET OVER WHAT REVENUES WOULD HAVE BEEN RECEIVED
HAD SUCH ENERGY BEEN SOLD ON A FIRM BASIS TO AN ELIGIBLE PRESERVATION
POWER CUSTOMER UNDER THE APPLICABLE TARIFF OR CONTRACT.
11. "NORTHERN NEW YORK ECONOMIC DEVELOPMENT FUND" OR "FUND" IS A FUND
OF THE AUTHORITY INTO WHICH ALL DEVELOPMENT AND PRESERVATION POWER NET
EARNINGS ARE DEPOSITED BY THE AUTHORITY IN ACCORDANCE WITH SUBDIVISION
TWENTY-SIX OF SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW
AND FROM WHICH ALLOCATIONS OF FUND BENEFITS TO ELIGIBLE PROJECTS MAY BE
MADE. THE AUTHORITY SHALL, WITHIN THE FUND, SEPARATELY ACCOUNT FOR AND
MAKE ALLOCATIONS FROM DEVELOPMENT AND PRESERVATION POWER NET EARNINGS.
12. "SAINT LAWRENCE RIVER VALLEY REDEVELOPMENT AGENCY" IS THE ACTIVE
PARTNERSHIP OF THE COUNTY OF ST. LAWRENCE AND THE TOWNS OF LISBON,
LOUISVILLE, MASSENA AND WADDINGTON ESTABLISHED FOR THE PURPOSE OF FUND-
ING ECONOMIC DEVELOPMENT PROJECTS WITH THE FUNDS RECEIVED FROM THE
NORTHERN NEW YORK POWER PROCEEDS BOARD FROM THE SALE OF UNALLOCATED
DEVELOPMENT POWER OR UNALLOCATED PRESERVATION POWER.
S 189-F. THE NORTHERN NEW YORK POWER PROCEEDS ALLOCATION BOARD. 1.
THERE IS HEREBY CREATED THE NORTHERN NEW YORK POWER PROCEEDS ALLOCATION
BOARD, WHICH SHALL POSSESS THE POWERS AND DUTIES HEREIN SPECIFIED. THE
BOARD SHALL CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE GOVER-
NOR AS FOLLOWS: ONE OF WHOM SHALL BE APPOINTED BY THE TEMPORARY PRESI-
DENT OF THE SENATE AND ONE OF WHOM SHALL BE APPOINTED BY THE SPEAKER OF
THE ASSEMBLY. AT LEAST THREE OF THE MEMBERS SHALL RESIDE IN THE TOWN OF
LISBON, LOUISVILLE, MASSENA, OR WADDINGTON PROVIDED THAT ALL OF THE
MEMBERS SHALL RESIDE IN THE COUNTY OF ST. LAWRENCE. THE GOVERNOR SHALL
DESIGNATE A CHAIR FROM AMONGST THE BOARD'S MEMBERS.
2. EACH MEMBER SHALL SERVE A TERM OF FIVE YEARS OR UNTIL A SUCCESSOR
SHALL HAVE BEEN NAMED AND QUALIFIED. MEMBERS MAY BE REAPPOINTED TO
SUCCESSIVE TERMS.
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THREE
MEMBERS SHALL CONSTITUTE A QUORUM FOR THE PURPOSES OF ORGANIZING THE
BOARD AND CONDUCTING THE BUSINESS THEREOF. NO ACTION OF THE BOARD MAY BE
TAKEN EXCEPT UPON AN AFFIRMATIVE VOTE OF AT LEAST THREE-FIFTHS OF THE
FULL BOARD MEMBERSHIP AT ANY MEETING AT WHICH AT LEAST THREE MEMBERS ARE
PRESENT OR PARTICIPATING BY VIDEOCONFERENCING. VIDEOCONFERENCING MAY BE
USED FOR ATTENDANCE AND PARTICIPATION BY MEMBERS OF THE BOARD. IF VIDEO-
CONFERENCING IS USED, THE BOARD SHALL PROVIDE AN OPPORTUNITY FOR THE
PUBLIC TO ATTEND, LISTEN AND OBSERVE AT ANY SITE AT WHICH A MEMBER
PARTICIPATES. THE PUBLIC NOTICE FOR THE MEETING SHALL IDENTIFY, IF PRAC-
S. 6357--C 86
TICABLE, ALL LOCATIONS WHERE A MEMBER WILL PARTICIPATE IN THE MEETING BY
VIDEOCONFERENCE AND SHALL STATE THAT THE PUBLIC HAS THE RIGHT TO ATTEND
THE MEETING AT ANY SUCH LOCATION.
4. MEMBERS OF THE BOARD, EXCEPT THOSE THAT ARE EMPLOYEES OR OFFICERS
OF THE STATE, ITS AUTHORITIES OR AGENCIES, SHALL NOT RECEIVE A SALARY OR
OTHER COMPENSATION, BUT SHALL BE ALLOWED THE NECESSARY AND ACTUAL
EXPENSES INCURRED IN THE PERFORMANCE OF DUTIES UNDER THIS ARTICLE.
S 189-G. GENERAL POWERS AND DUTIES OF THE BOARD. 1. THE BOARD SHALL
ESTABLISH PROCEDURES AND GUIDELINES RELATING TO THE ACTIVITIES OF THE
BOARD.
2. THE BOARD SHALL ESTABLISH PROCEDURES THROUGH WRITTEN POLICIES OR
STANDARDS FOR REVIEWING APPLICATIONS FOR AN ALLOCATION OF FUND BENEFITS
OR A RECOMMENDATION TO THE AUTHORITY FOR AN ALLOCATION OF DEVELOPMENT OR
PRESERVATION POWER THAT SHALL INCLUDE A REVIEW OF APPLICATIONS NO LESS
FREQUENTLY THAN TWICE EACH YEAR. THE BOARD, OR A MEMBER DESIGNATED BY
THE BOARD, SHALL RECEIVE ALL APPLICATIONS FROM, OR ON BEHALF OF, ELIGI-
BLE APPLICANTS FOR FUND BENEFITS. APPLICATIONS SHALL BE IN A FORM AND
CONTAIN SUCH INFORMATION, DATA AND EXHIBITS AS THE BOARD, IN CONSULTA-
TION WITH THE AUTHORITY, MAY PRESCRIBE.
3. THE BOARD MAY REQUEST FROM THE AUTHORITY AN ANALYSIS OF ANY APPLI-
CATION ALONG WITH ANY RECOMMENDATIONS. IN ADDITION, THE AUTHORITY SHALL
SUPPLY ANY SUCH ADDITIONAL INFORMATION AS IS REASONABLY NECESSARY FOR
THE BOARD TO PERFORM ITS DUTIES.
4. IN REVIEWING APPLICATIONS FOR FUND BENEFITS, THE BOARD SHALL EVALU-
ATE ELIGIBLE DEVELOPMENT POWER OR PRESERVATION POWER PROJECTS AS
PROVIDED IN SECTION ONE THOUSAND FIVE OF THE PUBLIC AUTHORITIES LAW.
THE BOARD SHALL ISSUE A WRITTEN STATEMENT OF ITS FINDINGS AND RECOMMEN-
DATIONS FOR EACH APPLICATION REVIEWED.
5. THE BOARD SHALL RECOMMEND TO THE AUTHORITY THE ALLOCATION OF FUND
BENEFITS OR POWER ALLOCATIONS TO ELIGIBLE POWER PROJECTS THAT THE BOARD
FINDS ARE CONSISTENT WITH THE APPLICABLE CRITERIA IN SUBDIVISION FOUR OF
THIS SECTION; PROVIDED HOWEVER, DEVELOPMENT POWER AND PRESERVATION POWER
PROCEEDS EQUALING SEVENTY PERCENT OF AVAILABLE MONETIZED POWER SHALL
ANNUALLY BE ALLOCATED TO ELIGIBLE APPLICANTS RECOMMENDED BY THE SAINT
LAWRENCE RIVER VALLEY REDEVELOPMENT AGENCY, OR ITS SUCCESSOR ENTITY, TO
THE BOARD WITH THE REQUIREMENT THAT THREE HUNDRED THOUSAND DOLLARS OF
SUCH DEVELOPMENT POWER PROCEEDS SHALL BE APPORTIONED FOR THE ADMINISTRA-
TIVE COSTS OF THE SAINT LAWRENCE RIVER VALLEY REDEVELOPMENT AGENCY;
PROVIDED FURTHER THAT DEVELOPMENT POWER PROCEEDS EQUALING THIRTY PERCENT
OF AVAILABLE MONETIZED POWER SHALL ANNUALLY BE ALLOCATED FOR THE
PURPOSES OF PROVIDING NECESSARY STATE MATCHES FOR FUNDING THE DESIGN,
DEVELOPMENT, CONSTRUCTION AND OTHER COSTS ASSOCIATED WITH THE IMPROVE-
MENT OF A HIGHWAY TRANSPORTATION CAPACITY EXPANSION PROJECT LOCATED IN
THE COUNTY OF ST. LAWRENCE. THE BOARD MAY RECOMMEND TO THE AUTHORITY AN
ALLOCATION OF DEVELOPMENT OR PRESERVATION POWER TO AN ELIGIBLE APPLI-
CANT, PROVIDED THAT SUCH ALLOCATION SHALL NOT BE IN ADDITION TO AN ALLO-
CATION OF MONETIZED ECONOMIC DEVELOPMENT POWER OR PRESERVATION POWER.
THE BOARD MAY INCLUDE WITHIN ITS RECOMMENDATIONS SUCH RECOMMENDED TERMS
AND CONDITIONS AS IT DEEMS APPROPRIATE, INCLUDING, BUT NOT LIMITED TO,
REASONABLE PROVISION FOR THE ALLOCATION OF FUND BENEFITS OVER TIME AS
THE ELIGIBLE APPLICANT ACHIEVES MILESTONES TOWARDS PROJECT COMPLETION,
THE PARTIAL OR COMPLETE WITHDRAWAL OR RETURN OF FUND BENEFITS WHERE THE
RECIPIENT HAS FAILED TO ACHIEVE OR MAINTAIN MUTUALLY AGREED UPON COMMIT-
MENTS, OR SUCH OTHER TERMS AND CONDITIONS AS THE BOARD DEEMS ADVISABLE.
THE BOARD SHALL NOT RECOMMEND AN ALLOCATION OF FUND BENEFITS PRIOR TO
S. 6357--C 87
ESTABLISHING PROCEDURES FOR REVIEWING APPLICATIONS PURSUANT TO SUBDIVI-
SION TWO OF THIS SECTION.
6. A RECOMMENDATION BY THE BOARD THAT AN ELIGIBLE APPLICANT RECEIVE AN
ALLOCATION OF FUND BENEFITS SHALL BE A PREREQUISITE TO AN AWARD OF FUND
BENEFITS BY THE AUTHORITY. THE AUTHORITY SHALL AWARD FUND BENEFITS TO AN
APPLICANT UPON A RECOMMENDATION OF THE BOARD; PROVIDED, HOWEVER, THAT
UPON A SHOWING OF GOOD CAUSE, THE AUTHORITY SHALL HAVE DISCRETION AS TO
WHETHER TO ADOPT THE BOARD'S RECOMMENDATION, OR TO AWARD BENEFITS IN A
DIFFERENT AMOUNT OR ON DIFFERENT TERMS AND CONDITIONS THAN THOSE
CONTAINED IN THE RECOMMENDATION OF THE BOARD. ALLOCATIONS OF FUND BENE-
FITS SHALL ONLY BE MADE ON THE BASIS OF DEVELOPMENT POWER OR PRESERVA-
TION POWER NET EARNINGS THAT HAVE BEEN DEPOSITED IN THE NORTHERN NEW
YORK ECONOMIC DEVELOPMENT FUND. NO AWARD OF FUND BENEFITS SHALL ENCUMBER
FUTURE DEVELOPMENT POWER OR PRESERVATION POWER NET EARNINGS OR DEVELOP-
MENT POWER OR PRESERVATION POWER NET EARNINGS THAT HAVE BEEN RECEIVED,
BUT NOT DEPOSITED, IN THE NORTHERN NEW YORK ECONOMIC DEVELOPMENT FUND.
7. UPON MAKING AN ALLOCATION OF FUND BENEFITS, THE AUTHORITY SHALL
INCLUDE WITHIN THE AGREEMENT PROVIDING FOR THE TERMS AND CONDITIONS
APPLICABLE TO SUCH ALLOCATION ALL TERMS AND CONDITIONS THE AUTHORITY
DEEMS APPROPRIATE, TAKING INTO ACCOUNT THE RECOMMENDATIONS MADE BY THE
BOARD.
S 189-H. RULES AND REGULATIONS. THE AUTHORITY IS HEREBY AUTHORIZED TO
PROMULGATE SUCH RULES AND REGULATIONS AS IT DEEMS NECESSARY TO FULFILL
THE PURPOSES OF THIS ARTICLE.
S 3. Section 1005 of the public authorities law is amended by adding
five new subdivisions 25, 26, 27, 28 and 29 to read as follows:
25. TO COOPERATE WITH THE NORTHERN NEW YORK POWER PROCEEDS ALLOCATION
BOARD AND PROVIDE THE BOARD WITH SUCH INFORMATION AND ASSISTANCE AS THE
BOARD REASONABLY REQUESTS, INCLUDING REASONABLE STAFF SERVICES, ACCOUNT-
ING, CLERICAL AND SECRETARIAL ASSISTANCE, OFFICE SPACE, AND EQUIPMENT
REASONABLY REQUESTED BY THE NORTHERN NEW YORK POWER PROCEEDS ALLOCATION
BOARD TO FULFILL ITS DUTIES.
26. TO ESTABLISH AN ACCOUNT TO BE KNOWN AS THE NORTHERN NEW YORK
ECONOMIC DEVELOPMENT FUND. SUCH FUND SHALL CONSIST OF "DEVELOPMENT POWER
NET EARNINGS" AND "PRESERVATION POWER NET EARNINGS" AS DEFINED IN ARTI-
CLE SIX-B OF THE ECONOMIC DEVELOPMENT LAW. THE DEVELOPMENT POWER NET
EARNINGS AND PRESERVATION POWER NET EARNINGS SHALL BE DEPOSITED IN SUCH
AMOUNTS AS DETERMINED TO BE FEASIBLE AND ADVISABLE BY THE TRUSTEES. SUCH
EARNING SHALL BE DEPOSITED NO LESS FREQUENTLY THAN QUARTERLY. THE FIRST
DEPOSITS INTO THE FUND SHALL BE MADE NINETY DAYS AFTER THE EFFECTIVE
DATE OF THIS SUBDIVISION, AND SHALL INCLUDE ALL DEVELOPMENT POWER AND
PRESERVATION POWER NET EARNINGS ACCRUED SINCE THE EFFECTIVE DATE OF
CHAPTER FOUR HUNDRED THIRTY-SIX OF THE LAWS OF TWO THOUSAND TEN. AT
LEAST FIFTEEN PERCENT OF SUCH FUNDS SHALL BE DEDICATED TOWARDS ELIGIBLE
DEVELOPMENT POWER AND PRESERVATION POWER PROJECTS WHICH ARE ENERGY-RE-
LATED PROJECTS, PROGRAMS AND SERVICES AS SUCH TERM IS DEFINED IN SUBPAR-
AGRAPH TWO OF PARAGRAPH (B) OF SUBDIVISION SEVENTEEN OF THIS SECTION. IN
ADDITION TO FUNDING ELIGIBLE DEVELOPMENT POWER AND PRESERVATION POWER
PROJECTS, AS SUCH TERMS ARE DEFINED IN ARTICLE SIX-B OF THE ECONOMIC
DEVELOPMENT LAW, THE AUTHORITY MAY USE NORTHERN NEW YORK ECONOMIC DEVEL-
OPMENT FUND MONIES TO COVER REASONABLE COSTS AND EXPENSES OF THE AUTHOR-
ITY RELATED TO THE MANAGEMENT AND ADMINISTRATION OF THE NORTHERN NEW
YORK POWER PROCEEDS ALLOCATION PROGRAM CREATED BY ARTICLE SIX-B OF THE
ECONOMIC DEVELOPMENT LAW.
S. 6357--C 88
27. TO, IN ITS DISCRETION, CONSULT WITH THE NORTHERN NEW YORK POWER
PROCEEDS ALLOCATION BOARD IN THE APPLICATION PROCESS RELATING TO THE
ALLOCATION OF DEVELOPMENT POWER AND PRESERVATION POWER.
28. TO ESTABLISH PROCESSES FOR APPLICATION REVIEW AND ALLOCATION OF
FUND BENEFITS PROVIDED FOR IN ARTICLE SIX-B OF THE ECONOMIC DEVELOPMENT
LAW.
29. TO INCLUDE IN THE ANNUAL REPORT PREPARED PURSUANT TO SUBDIVISION
EIGHTEEN OF THIS SECTION, AN ACCOUNTING FOR THE SUBJECT YEAR THAT
PROVIDES (A) THE AMOUNT OF DEVELOPMENT POWER AND PRESERVATION POWER SOLD
INTO THE WHOLESALE MARKET BY THE AUTHORITY, AND (B) THE DEVELOPMENT
POWER AND PRESERVATION POWER NET EARNINGS PAID INTO THE NORTHERN NEW
YORK ECONOMIC DEVELOPMENT FUND.
S 4. This act shall take effect immediately.
PART JJ
Section 1. Subdivision 2 of section 904 of the labor law, as amended
by section 1 of part BB of chapter 57 of the laws of 2009, is amended to
read as follows:
2. Any contractor engaged in an asbestos project involving more than
two hundred sixty linear feet or more than one hundred sixty square feet
of asbestos or asbestos materials shall notify both the United States
Environmental Protection Agency, Region II, Air and Hazardous Material
Division and the commissioner in writing ten days prior to the commence-
ment of work on the project or, if emergency conditions make it impossi-
ble to provide ten days prior notice, as soon as practicable after iden-
tification of the project. The notice to the commissioner shall include
the following information: the name, address and asbestos handling
license number of the contractor working on the project; the address and
description of the building or area, including size, age and prior use
of the building or area; the amount of friable asbestos material present
in square feet and/or linear feet, if applicable; room designation
numbers or other local information where such asbestos material is found
unless such material is found throughout the entire structure; the sche-
duled starting and completion dates for removal; the procedures and
equipment, including ventilating systems that will be employed; any
additional information which the commissioner may require; and, EXCEPT
FOR CONTRACTORS EMPLOYED BY A CITY WITH A POPULATION OF OVER ONE HUNDRED
TWENTY-FIVE THOUSAND BUT NOT MORE THAN ONE MILLION TO ENGAGE IN SUCH
ASBESTOS PROJECTS, shall be accompanied by a project notification fee as
follows:
Project Size/Linear Feet Fee
260-429 $200
430-824 400
825-1649 1,000
1650 or more 2,000
Project Size/Square Feet FRIABLE Fee
160-259 $200
260-499 400
500-999 1,000
1000 or more 2,000
S. 6357--C 89
PROJECT SIZE/SQUARE FEET FEE
(NON-FRIABLE/RACM)
160-259 $50
260-499 75
500-999 100
1,000-1,999 200
2,000-2,999 500
3,000-3,999 800
4,000-4,999 1,000
5,000 OR MORE 2,000
ALL OWNER OCCUPIED ONE AND TWO FAMILY HOMES THAT ARE OCCUPIED DURING A
DISASTER AND THEN CONDEMNED DUE TO DISASTERS SUCH AS, BUT NOT LIMITED
TO, FLOODS, FIRES, TORNADOES OR HURRICANES SHALL PAY A FIXED NOTIFICA-
TION FEE FOR NOTIFICATION PURPOSES OF DEMOLITION OF TWO HUNDRED DOLLARS.
RESIDENTIAL HOMES ACQUIRED BY TOWNS AND MUNICIPALITIES AND CONDEMNED
SHALL NOTIFY THE DEPARTMENT OF LABOR PER THE NORMAL NOTIFICATION PROCESS
BUT SHALL NOT BE REQUIRED TO PAY ANY NOTIFICATION FEE.
S 2. This act shall take effect immediately.
PART KK
Section 1. Section 16 of part A of chapter 173 of the laws of 2013,
amending the public service law and other laws relating to the powers
and duties of the department of public service and the Long Island power
authority, is amended to read as follows:
S 16. Repowering. If after the Long Island power authority, or its
successor, determines, in accordance with the terms and conditions
contained in the amended and restated power supply agreement ("A&R
PSA"), dated October 10, 2012, between the authority and the owner of
the legacy LILCO power generating facilities, that repowering any such
generating facility is in the best interests of its ratepayers and will
enhance the authority's ability to provide a more efficient, reliable
and economical supply of electric energy in its service territory,
consistent with the goal of improving environmental quality, the author-
ity will exercise its rights under the A&R PSA related to repowering
such facility, and shall enter into an agreement related to payments in
lieu-of-taxes for a term commensurate with any power purchase agreement
entered into related to such repowered facility, consistent with other
such agreements related to generating facilities under contract to the
authority in the service territory. PRIOR TO MAKING SUCH DETERMINATIONS
FOR REPOWERING, THE AUTHORITY SHALL NOT EXECUTE ANY POWER SUPPLY AGREE-
MENT OR AGREEMENTS WHICH WOULD YIELD A SUPPLY OF POWER WHICH WOULD
RENDER FURTHER REPOWERING UNNECESSARY DUE TO EXCESS CAPACITY.
S 2. This act shall take effect immediately, provided further that
within ninety days of the effective date of this act, the authority
shall provide to the chairs of the senate finance committee and the
assembly ways and means committee, all cost estimates, pro formas, and
anticipated construction and placed-in-service timetables for any and
all repowering projects and new fossil fuel fire generating facilities
the authority is considering.
PART LL
S. 6357--C 90
Section 1. Section 1 of chapter 174 of the laws of 1968, constituting
the New York state urban development corporation act, is amended by
adding a new section 16-w to read as follows:
S 16-W. YOUNG FARMERS NY FUND. 1. THE YOUNG FARMERS NY FUND IS HEREBY
CREATED. THE PURPOSE OF THE YOUNG FARMERS NY FUND IS TO MAKE GRANTS TO
ELIGIBLE APPLICANTS, WITHIN AVAILABLE APPROPRIATIONS, TO SUPPORT YOUNG
FARMERS AND ENCOURAGE THEM TO CONSIDER FARMING AS A CAREER, RESULTING IN
THE GROWTH OF AGRIBUSINESS WITHIN THE STATE AND THE CONCOMITANT CREATION
OF JOBS AND TAX REVENUES FOR THE STATE.
2. THE CORPORATION SHALL CONSULT WITH THE DEPARTMENT OF AGRICULTURE
AND MARKETS IN ORDER TO ESTABLISH SUCH CRITERIA GOVERNING THE AWARD OF
GRANTS AS AUTHORIZED HEREIN, AS THE CORPORATION AND SUCH DEPARTMENT DEEM
NECESSARY. SUCH CRITERIA SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) FARMERS WHO HAVE NOT PRODUCED AN "AGRICULTURAL PRODUCT" AS DEFINED
IN THE AGRICULTURE AND MARKETS LAW, FOR MORE THAN TEN CONSECUTIVE YEARS,
AND WHO WILL MATERIALLY AND SUBSTANTIALLY PARTICIPATE IN THE PRODUCTION
OF AN AGRICULTURAL PRODUCT WITHIN THE STATE.
(II) FARMERS WHO DEMONSTRATE INNOVATIVE AGRICULTURAL TECHNIQUES
INCLUDING, BUT NOT LIMITED TO, ORGANIC FARMING AND SPECIALTY CROPS.
(III) THE ANTICIPATED NUMBER OF AGRICULTURAL JOBS WHICH WOULD BE
CREATED OR RETAINED.
(IV) FARMS OF ONE HUNDRED FIFTY ACRES OR LESS.
3. THE CORPORATION SHALL ESTABLISH A COMPETITIVE PROCESS FOR THE EVAL-
UATION OF APPLICANTS FOR THE YOUNG FARMER NY FUND. WHEN AWARDING FUNDS
PURSUANT TO THIS SECTION, THE CORPORATION SHALL ENSURE THAT APPLICANTS
MEET THE CRITERIA AND REQUIREMENTS DETERMINED BY THE CORPORATION PURSU-
ANT TO THIS SECTION. THE CORPORATION SHALL DISTRIBUTE FUNDS PROMPTLY
PURSUANT TO A DISBURSEMENT PROCESS AGREED TO BETWEEN THE CORPORATION AND
APPLICANT.
4. THE YOUNG FARMER NY FUND SHALL NOT INVEST AN AMOUNT IN ANY SINGLE
BENEFICIARY THAT EXCEEDS FIFTY THOUSAND DOLLARS, SUBJECT TO ANY
EXCEPTIONS TO BE ESTABLISHED BY RULES AND REGULATIONS OF THE CORPO-
RATION.
5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE CORPO-
RATION MAY ESTABLISH A PROGRAM FUND FOR PROGRAM USE AND PAY INTO SUCH
FUND ANY ELIGIBLE FUNDS AVAILABLE TO THE CORPORATION FROM ANY SOURCE,
INCLUDING MONEYS APPROPRIATED BY THE STATE.
6. THE CORPORATION SHALL SUBMIT A REPORT ANNUALLY ON DECEMBER THIRTY-
FIRST TO THE DIRECTOR OF THE BUDGET, THE TEMPORARY PRESIDENT OF THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE
AND THE MINORITY LEADER OF THE ASSEMBLY DETAILING (A) THE TOTAL AMOUNT
OF FUNDS COMMITTED TO EACH APPLICANT THAT RECEIVES FUNDS AND THE AMOUNT
OF SUCH FUNDS THAT HAS BEEN INVESTED BY EACH SUCH APPLICANT; (B) THE
AMOUNT OF YOUNG FARMERS NY AND PRIVATE FUNDS INVESTED IN EACH APPLICANT;
(C) THE LOCATION OF EACH APPLICANT; (D) THE NUMBER OF JOBS PROJECTED TO
BE CREATED OR RETAINED; AND (E) SUCH OTHER INFORMATION AS THE CORPO-
RATION DEEMS NECESSARY.
7. THE CORPORATION IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
LATIONS IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT AS ARE
NECESSARY TO FULFILL THE PURPOSES OF THIS SECTION, INCLUDING WITH
RESPECT TO REASONABLE MANAGEMENT FEES, PROMOTES, SHARE OF RETURN AND
OTHER FEES AND CHARGES OF APPLICANTS THAT RECEIVE FUNDS, AND TO PROVIDE
FOR THE REPAYMENT OF FUNDS RECEIVED BY THE BENEFICIARY IF THE BENEFICI-
ARY LEAVES NEW YORK STATE WITHIN A PERIOD OF TIME TO BE ESTABLISHED BY
THE CORPORATION.
S. 6357--C 91
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that any rules or regu-
lations necessary for the timely implementation of this act on its
effective date, may be promulgated on or before such effective date.
PART MM
Section 1. Paragraph (d) of subdivision 15 of section 385 of the vehi-
cle and traffic law, as amended by section 3 of part C of chapter 59 of
the laws of 2004, is amended to read as follows:
(d) (I) Except during storms, floods, fires or other public emergen-
cies, no such permit may be issued to include a towing operation involv-
ing more than two vehicles except three vehicle combinations consisting
of a tractor, semitrailer and trailer or a tractor and two trailers
within legal weight and width limits proceeding to or from any qualify-
ing highway or access highway. Every such permit may designate the route
to be traversed and contain any other restrictions or conditions deemed
necessary by the issuing authority. Every such permit shall be carried
on the vehicle to which it refers and shall be open to the inspection of
any peace officer, acting pursuant to his special duties, or police
officer, or any other officer or employee authorized to enforce this
section. All permits issued shall be revocable by the authority issuing
them at the discretion of the authority without a hearing or the neces-
sity of showing cause. Except for a vehicle having a maximum gross
weight not exceeding eighty thousand pounds without regard to any axle
weight limitation set forth herein or the maximum gross weight estab-
lished by the formula commonly referred to as the bridge formula as set
forth in subdivision ten of this section and except for state or munici-
pally-owned single vehicles engaged in snow and ice control operations,
or designed or fitted for snow and ice control operations while engaged
in other public works operations on public highways which do not exceed
the weight limits contained in subdivision seventeen-a of this section,
no permit shall be issued to allow operation or movement of any vehicle
or combination of vehicles whose weight exceeds the limitations other-
wise prescribed in this section other than an annual permit issued
pursuant to paragraph (f) of this subdivision except upon a finding by
the department of transportation or the appropriate authority, as the
case may be, that the load proposed is of one piece or item or otherwise
cannot be separated into units of less weight provided, however, that
any such permit issued upon such finding shall not be valid for the
operation or movement of such vehicles on any state or other highway
within any city not wholly included within one county EXCEPT AS PROVIDED
IN SUBPARAGRAPH (II) OF THIS PARAGRAPH.
(II) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
GRAPH AND PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION TO THE CONTRARY,
THE DEPARTMENT OF TRANSPORTATION MAY ISSUE SUCH PERMIT FOR THE OPERATION
OR MOVEMENT OF ANY VEHICLE OR COMBINATION OF VEHICLES ON ANY OF THE
FOLLOWING PORTIONS OF STATE OR OTHER HIGHWAYS WITHIN ANY CITY NOT WHOLLY
INCLUDED WITHIN ONE COUNTY, AND SUCH VEHICLES OR COMBINATION OF VEHICLES
MAY OPERATE OR MOVE ON SUCH PORTIONS, AND ONLY ON SUCH PORTIONS, OF SUCH
STATE OR OTHER HIGHWAYS WITHIN SUCH CITY WITHOUT A PERMIT ISSUED BY THE
DEPARTMENT OF TRANSPORTATION OF SUCH CITY: THAT PORTION OF INTERSTATE
NINETY-FIVE BETWEEN THE BRONX-WESTCHESTER COUNTY LINE AND INTERSTATE SIX
HUNDRED NINETY-FIVE, THAT PORTION OF INTERSTATE SIX HUNDRED NINETY-FIVE
BETWEEN INTERSTATE NINETY-FIVE AND INTERSTATE TWO HUNDRED NINETY-FIVE,
THAT PORTION OF INTERSTATE TWO HUNDRED NINETY-FIVE BETWEEN INTERSTATE
S. 6357--C 92
SIX HUNDRED NINETY-FIVE AND INTERSTATE FOUR HUNDRED NINETY-FIVE, AND
THAT PORTION OF INTERSTATE FOUR HUNDRED NINETY-FIVE BETWEEN INTERSTATE
TWO HUNDRED NINETY-FIVE AND THE QUEENS-NASSAU COUNTY BORDER. SUCH PERMIT
SHALL BE ISSUED BY THE DEPARTMENT OF TRANSPORTATION ONLY UPON: (1) A
FINDING BY SUCH DEPARTMENT THAT THE LOAD PROPOSED IS OF ONE PIECE OR
ITEM OR OTHERWISE CANNOT BE SEPARATED INTO UNITS OF LESS WEIGHT; (2) THE
APPROVAL OF SUCH CITY; AND (3) WITH RESPECT TO BRIDGES AND HIGHWAYS OVER
WHICH ANY AUTHORITY HAS JURISDICTION, THE APPROVAL OF SUCH AUTHORITY.
ANY SUCH VEHICLE OR COMBINATION OF VEHICLES OPERATING PURSUANT TO SUCH
PERMIT SHALL NOT EXIT THE AFOREMENTIONED HIGHWAYS UNDER ITS OWN POWER IN
ANY SUCH CITY NOT WHOLLY INCLUDED WITHIN ONE COUNTY.
[Bulk] (III) FOR THE PURPOSES OF THIS PARAGRAPH, BULK milk may be
considered one piece or item.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law, and shall expire and be deemed repealed four
years after it shall take effect.
PART NN
Section 1. Section 328 of the agriculture and markets law is amended
by adding a new subdivision 5 to read as follows:
5. "YOUNG FARMER" SHALL MEAN A FARMER WHO HAS NOT PRODUCED AN "AGRI-
CULTURAL PRODUCT" AS DEFINED IN THIS SECTION, FOR MORE THAN TEN CONSEC-
UTIVE YEARS, AND WHO WILL MATERIALLY AND SUBSTANTIALLY PARTICIPATE IN
THE PRODUCTION OF AN AGRICULTURAL PRODUCT.
S 2. The agriculture and markets law is amended by adding a new
section 330-a to read as follows:
S 330-A. YOUNG FARMER REVOLVING LOAN PROGRAM. 1. THE COMMISSIONER
SHALL ESTABLISH AND MAINTAIN A YOUNG FARMER REVOLVING LOAN PROGRAM TO
PROVIDE LOW INTEREST LOANS TO BEGINNING FARMERS FOR THE PURPOSE OF
PRESERVING FARMLAND AS A WORKING AGRICULTURAL LANDSCAPE AND TO PROVIDE
OPEN SPACE BENEFITS FOR ALL RESIDENTS OF THE STATE. PROPERLY MANAGED
FARMLAND HAS BEEN DEMONSTRATED TO BE THE BEST ENVIRONMENTAL USAGE OF
LAND FOR WATERSHED PROTECTION, SO IT IS IN THE BEST INTEREST OF THE
STATE TO MAINTAIN AGRICULTURAL LAND. SUCH PROGRAM SHALL PROVIDE LOW
INTEREST LOANS TO BEGINNING FARMERS AS THE COMMISSIONER SHALL DEEM TO BE
ELIGIBLE PURSUANT TO RULE OR REGULATION.
2. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS FOR THE
PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS SECTION, INCLUDING ESTAB-
LISHING:
A. AN APPLICATION PROCESS WHEREBY YOUNG FARMERS MAY APPLY FOR LOANS;
B. CRITERIA AND STANDARDS FOR DETERMINING A YOUNG FARMER'S ELIGIBILITY
FOR A LOAN;
C. CRITERIA AND STANDARDS FOR DETERMINING THE PRIORITY TO BE GRANTED
AMONG YOUNG FARMER APPLICANTS;
D. CRITERIA AND STANDARDS FOR DETERMINING THE AMOUNT OF FINANCIAL
ASSISTANCE TO BE PROVIDED TO A YOUNG FARMER; AND
E. CRITERIA AND STANDARDS TO BE USED IN DETERMINING THE LOAN REPAYMENT
PERIODS AND THE TERMS OF ANY REPAYMENT AGREEMENTS.
3. THE AMOUNT OF FUNDS IN THE YOUNG FARMER REVOLVING LOAN PROGRAM
SHALL BE FIVE MILLION DOLLARS.
4. THE COMMISSIONER MAY PROVIDE LOW INTEREST LOANS TO FARMERS WITHIN
THE AMOUNTS AVAILABLE IN THE YOUNG FARMER REVOLVING LOAN FUND ESTAB-
LISHED PURSUANT TO THIS SECTION.
S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that any rules and regu-
S. 6357--C 93
lations necessary to implement the provisions of this act on its effec-
tive date are authorized to be made on or before such date.
PART OO
Section 1. Paragraph (c) of subdivision 2 of section 503 of the vehi-
cle and traffic law is amended by adding a new subparagraph (v) to read
as follows:
(V) PROVIDED THAT FOR A SENIOR CITIZEN, THE RENEWAL FEE SHALL BE TEN
PERCENT LESS THAN THE FEES OTHERWISE REQUIRED BY THIS PARAGRAPH. FOR THE
PURPOSES OF THIS SUBPARAGRAPH, THE TERM "SENIOR CITIZEN" MEANS A PERSON
AT LEAST SIXTY-FIVE YEARS OF AGE.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
PART PP
Section 1. Paragraph gg of subdivision 4 of section 1950 of the educa-
tion law, as amended by chapter 301 of the laws of 1996, is amended to
read as follows:
gg. (1) Notwithstanding any other provision of law, a board of cooper-
ative educational services may provide training for employment to adults
on a space available basis, with consideration given to occupations and
industries in demand, and establish reduced adult tuition rates for such
training. For the purposes of this section, training for employment for
adults shall be offered through state approved sequences or parts there-
of of secondary career education instruction. Adults may participate in
such instruction and be awarded certificates of completion, but they may
not earn credit based on their participation towards a high school
diploma. Pursuant to section forty-six hundred two of this chapter, a
board of cooperative educational services may establish such reduced
rates for participation of adults provided that participation is limited
to assigned instructional staff and currently used facilities in sched-
uled secondary career education programs, and provided further that such
rates may not be less than fifty percent of the tuition rates charged to
school districts for the participation of secondary students in the same
programs, unless waived by the commissioner based on application of the
board of cooperative educational services. This participation of adults
at reduced tuition rates shall be in accordance with terms agreed upon
by the board of cooperative educational services and the component
school districts receiving such services but in no case shall such rates
result in extraordinary costs assigned to such component school
districts. Boards of cooperative educational services which provide such
training to adults shall submit to the commissioner annually a report
which shall include but not be limited to the number of adults served,
referral source, training sequences or parts thereof taken by adult
participants, the tuition rates charged to them, and the gross revenues
realized therefrom. For the purpose of this paragraph, "adult" shall
mean any person under the age of twenty-one who has received a high
school diploma or any person twenty-one years of age or older, whether
or not they have received a high school diploma.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO SUPERVISE, ENCOUR-
AGE AND PROMOTE A YOUNG FARMER APPRENTICE PROGRAM WITHIN NEW YORK STATE
AND TO ESTABLISH SUGGESTED STANDARDS FOR APPRENTICESHIP AGREEMENTS
BETWEEN PROSPECTIVE YOUNG FARMERS AND NEW YORK STATE AGRICULTURAL ENTER-
PRISES.
S. 6357--C 94
S 2. This act shall take effect immediately.
PART QQ
Section 1. Subdivision 14 of section 1854 of the public authorities
law, as added by chapter 83 of the laws of 1995, is amended to read as
follows:
14. (A) To apply for and to administer federal research and develop-
ment grants and other monies for the benefit of consumers.
(B) TO MAKE PAYMENTS TO FARM OPERATIONS, AS DEFINED BY SUBDIVISION
ELEVEN OF SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS LAW,
FOR GRANTS ADMINISTERED BY THE AUTHORITY. PAYMENT OF SUCH GRANTS SHALL
BE MADE NO LATER THAN NINETY DAYS AFTER NOTIFICATION OF SUCH FUNDING
AWARD.
S 2. This act shall take effect immediately.
PART RR
Section 1. The public service law is amended by adding a new section
66-n to read as follows:
S 66-N. NET METERING STUDY. THE COMMISSION SHALL CONDUCT A STUDY TO
ANALYZE THE ECONOMIC AND ENVIRONMENTAL BENEFITS FROM AND THE ECONOMIC
COST BURDEN, IF ANY, OF THE NET ENERGY METERING PROGRAM AND TO ANALYZE
THE EXTENT TO WHICH EACH CLASS OF RATEPAYERS AND EACH REGION OF THE
STATE RECEIVING SERVICE UNDER THE NET ENERGY METERING PROGRAM IS PAYING
THE FULL COST OF SERVICES PROVIDED TO THEM BY COMBINED ELECTRIC AND GAS
CORPORATIONS, AND THE EXTENT TO WHICH THEIR CUSTOMERS PAY A SHARE OF
COSTS OF PUBLIC PURPOSE PROGRAMS THROUGH ASSESSMENTS ON THEIR ELECTRIC
AND/OR GAS BILLS. IN ANALYZING PROGRAM COSTS AND BENEFITS FOR THE
PURPOSES OF THIS STUDY, THE COMMISSION SHALL CONSIDER ALL ELECTRICITY
GENERATED BY RENEWABLE ELECTRIC GENERATING SYSTEMS ELIGIBLE FOR NET
METERING UNDER SECTIONS SIXTY-SIX-J AND SIXTY-SIX-L OF THIS ARTICLE,
INCLUDING THE ELECTRICITY USED ONSITE TO REDUCE THE CUSTOMER'S CONSUMP-
TION OF ELECTRICITY THAT WOULD OTHERWISE BE SUPPLIED THROUGH THE ELEC-
TRICAL GRID, ELECTRICAL OUTPUT THAT IS BEING FED BACK TO THE ELECTRICAL
GRID FOR WHICH THE CUSTOMER RECEIVES CREDIT OR NET SURPLUS ELECTRICITY
COMPENSATION UNDER NET ENERGY METERING, AS WELL AS EVALUATION OF THE
CONSUMPTION OF ELECTRICITY WHEN THE ONSITE RENEWABLE ELECTRIC GENERATION
IS NOT AVAILABLE. AS IT RELATES TO THE ENVIRONMENTAL BENEFITS, THE
STUDY SHALL QUANTIFY THE APPROXIMATE AVOIDED LEVEL OF HARMFUL EMISSIONS
INCLUDING, BUT NOT LIMITED TO, INFORMATION CONCERNING: NITROGEN DIOXIDE,
SULFUR DIOXIDE, TOTAL PARTICULATES AND CARBON DIOXIDE, AS WELL AS OTHER
AIR POLLUTANTS DEEMED NECESSARY AND APPROPRIATE FOR STUDY BY THE COMMIS-
SION. THE STUDY SHALL ALSO QUANTIFY THE ECONOMIC COSTS AND BENEFITS OF
NET ENERGY METERING TO PARTICIPANTS AND NON-PARTICIPANTS AND SHALL
FURTHER DISAGGREGATE THE RESULTS BY UTILITY, CUSTOMER CLASS AND WITHIN
THE RESIDENTIAL CLASSES BY HOUSEHOLD INCOME GROUPS. THE STUDY SHALL ALSO
GATHER AND PRESENT DATA ON THE INCOME DISTRIBUTION OF RESIDENTIAL NET
METERING PARTICIPANTS THAT IS PUBLICLY AVAILABLE AND AGGREGATED BY ZIP
CODE AND COUNTY. IN ORDER TO ASSESS THE ECONOMIC COSTS AND BENEFITS AT
VARIOUS LEVELS OF NET METERING IMPLEMENTATION, THE STUDY SHALL BE
CONDUCTED USING MULTIPLE NET ENERGY METERING PENETRATION SCENARIOS.
THE COMMISSION SHALL PUBLISH A REPORT FROM ITS FINDINGS. THE REPORT
MUST BE PUBLISHED WITHIN TWO HUNDRED FORTY DAYS OF THE EFFECTIVE DATE OF
THIS SECTION. A COPY OF THE REPORT MUST BE FURNISHED TO THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE
S. 6357--C 95
SENATE ENERGY AND TELECOMMUNICATIONS COMMITTEE AND THE CHAIR OF THE
ASSEMBLY ENERGY COMMITTEE.
S 2. This act shall take effect immediately.
PART SS
Section 1. Legislative intent. The legislature hereby finds and
declares that a coordinated program of research, entrepreneurship, and
public-private partnerships and collaborations centered in and with the
state's public and private medical schools can significantly increase
the speed and amount of commercialization of research from lab to
market, materially expanding economic and job opportunities for all New
Yorkers in this high growth sector and increasing the likelihood of high
impact healthcare breakthroughs, which will improve the health and well-
being of New Yorkers and potentially reduce health care costs.
The legislature further finds that although New York state's biomedi-
cal and biotechnological research and infrastructure includes many of
the nation's top institutions, researchers and scientists, and has many
natural advantages compared to other states, development has lagged
behind the nation as a whole and many states in job growth and economic
activity for a decade; and further, that as other states make signif-
icant and targeted investments to recruit top tier scientists and
researchers, and develop incentives that are creating rapid growth, the
gap between New York and other states will increase, along with a poten-
tial migration of scientific and research talent to other states in
search of opportunity and professional advancement.
The legislature further finds that recent changes that have made New
York's economic development programs more sophisticated and competitive
can be combined with other statutory approaches and precedents to
support and incentivize an effective plan for development of biomedical
and biotechnological entrepreneurship by and through the medical schools
in this state, and declares that the program enacted by this act will
expand economic activity and job development; maintain and attract high
quality scientists and researchers; increase resources available to the
schools and researchers from grants, private investments, patents,
royalties, and licensure, and leverage significant partnerships with
public and private entities; enhance our scientific and research capa-
bilities; and increase the speed of commercialization of research and
the expansion of economic opportunity, which are in every sense to the
benefit of the people of this state.
S 2. The economic development law is amended by adding a new article
22 to read as follows:
ARTICLE 22
THE NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL
TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE
SECTION 441. SHORT TITLE.
442. DEFINITIONS.
443. NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATION-
AL RESEARCH AND ENTREPRENEURSHIP INITIATIVE COMMITTEE.
444. APPLICATION FOR DESIGNATION AS A NEW YORK STATE BIOMEDICAL
AND BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTRE-
PRENEURSHIP INITIATIVE CENTER.
445. REVIEW AND APPROVAL OF APPLICATIONS.
446. WAIVER IN CERTAIN CASES.
S. 6357--C 96
447. OPERATION AND RE-DESIGNATION OF NEW YORK STATE BIOMEDICAL
AND BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTRE-
PRENEURSHIP INITIATIVE CENTERS.
448. SCIENTIFIC RESEARCH AND DISCOVERY BANK PROGRAM.
449. UNIFIED CONTRACT.
S 441. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL
RESEARCH AND ENTREPRENEURSHIP INITIATIVE".
S 442. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "MEDICAL SCHOOL" MEANS A PUBLIC OR PRIVATE MEDICAL SCHOOL ACCRED-
ITED BY THE LIAISON COMMITTEE ON MEDICAL EDUCATION OR THE COMMISSION ON
OSTEOPATHIC COLLEGE ACCREDITATION, OR SUCH MEDICAL SCHOOL AND AN AFFIL-
IATED ENTITY, LOCATED IN THIS STATE.
2. "NEW YORK STATE INCUBATORS" AND "NEW YORK STATE INNOVATION
HOTSPOTS" OR "INCUBATORS" AND "HOTSPOTS" MEAN AND REFER TO "NEW YORK
STATE INCUBATORS" AND "NEW YORK STATE INNOVATION HOTSPOTS" DESIGNATED
PURSUANT TO SECTION SIXTEEN-V OF THE URBAN DEVELOPMENT CORPORATION ACT.
3. "PEER REVIEW COMMITTEE" MEANS THE PEER REVIEW COMMITTEE CREATED BY
THE DEPARTMENT AND THE DEPARTMENT OF HEALTH, CONSISTING OF SCIENTIFIC
AND RESEARCH EXPERTS IN BIOMEDICAL AND BIOTECHNOLOGICAL DEVELOPMENT, AND
COMPANY REPRESENTATIVES AT THE EXECUTIVE OFFICER LEVEL ENGAGED IN MAKING
DEVELOPMENT, FINANCING, AND COMMERCIALIZATION OF BIOMEDICAL AND BIOTECH-
NOLOGICAL RESEARCH.
4. "PLAN" MEANS THE MULTI-YEAR PLAN THAT ACCOMPANIES THE APPLICATION
OF A MEDICAL SCHOOL TO BECOME A NEW YORK STATE BIOMEDICAL AND BIOTECHNO-
LOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTER.
5. "PROJECT" IS THE EXECUTION OF AN APPROVED PLAN BY A NEW YORK STATE
BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEUR-
SHIP INITIATIVE CENTER.
6. "START-UP NY" PROGRAM MEANS THE START-UP PROGRAM AUTHORIZED PURSU-
ANT TO ARTICLE TWENTY-ONE OF THIS CHAPTER, AND THE "TAX-FREE NY AREA"
HAS THE SAME MEANING AS IN ARTICLE TWENTY-ONE OF THIS CHAPTER.
7. "STATE INITIATIVE COMMITTEE" OR "STATE COMMITTEE" MEANS THE BIOMED-
ICAL AND BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP
INITIATIVE COMMITTEE CREATED BY SECTION FOUR HUNDRED FORTY-THREE OF THIS
ARTICLE.
8. "TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP CENTER" OR "CENTER" IS
THE NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL
RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTER CREATED AT A MEDICAL
SCHOOL PURSUANT TO THIS ARTICLE.
9. "UNIFIED CONTRACT" IS THE CONTRACT BETWEEN THE DEPARTMENT AND A
MEDICAL SCHOOL THAT INCLUDES ALL ITEMS NECESSARY TO THE IMPLEMENTATION
AND ADMINISTRATION OF THE NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL
TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE PROJECT AS
DESCRIBED IN THIS ARTICLE BY A CENTER.
S 443. NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL
RESEARCH AND ENTREPRENEURSHIP INITIATIVE COMMITTEE. THE NEW YORK STATE
BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEUR-
SHIP INITIATIVE COMMITTEE IS HEREBY CREATED, TO CONSIST OF THE COMMIS-
SIONERS OF THE DEPARTMENTS OF HEALTH, EDUCATION, ECONOMIC DEVELOPMENT,
LABOR, TAX AND FINANCE, THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW
YORK, THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK, THE PRESIDENT
OF THE EMPIRE STATE DEVELOPMENT CORPORATION, THE DIRECTOR OF THE DIVI-
SION OF THE BUDGET, AND THE STATE COMPTROLLER. THE COMMITTEE SHALL BE
CHAIRED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT, AND CO-CHAIRED BY
S. 6357--C 97
THE COMMISSIONER OF HEALTH. COMMISSIONERS MAY BE REPRESENTED BY DESIG-
NEES AT MEETINGS OF THE COMMITTEE.
1. POWERS AND DUTIES. THE COMMITTEE SHALL:
(A) ESTABLISH GUIDELINES APPROPRIATE TO THE ACTIVITIES REQUIRED UNDER
THIS ARTICLE.
(B) DESIGNATE AS NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRAN-
SITIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTERS MEDICAL
SCHOOLS WHICH MEET THE CRITERIA ESTABLISHED IN THIS ARTICLE.
(C) APPROVE WAIVERS OF REGULATIONS AND PROCEDURES PURSUANT TO SECTION
FOUR HUNDRED FORTY-SEVEN OF THIS ARTICLE.
(D) ESTABLISH A UNIFIED CONTRACT FOR PROJECTS PURSUANT TO SECTION FOUR
HUNDRED FORTY-NINE OF THIS ARTICLE.
(E) RECEIVE AND REVIEW PERFORMANCE METRICS REPORTS FROM CENTERS.
(F) RE-DESIGNATE THE CENTERS EVERY FIVE YEARS PURSUANT TO THIS ARTI-
CLE.
(G) DEVELOP RESOURCES AND PROCEDURES TO AID IN COMMERCIALIZATION OF
RESEARCH AND FUNDING OF ENTREPRENEURIAL EFFORTS CREATED AS A RESULT OF
PROJECTS, INCLUDING BUT NOT LIMITED TO SUCH ACTIVITIES AS PROCUREMENT OF
GOODS OR SERVICES FROM COMPANIES CREATED IN THE PROJECTS; ENDORSING,
COLLABORATING, OR UPON REQUEST OF A CENTER, ACTING AS A CO-PRINCIPAL
INVESTIGATOR OR OTHER LEVEL OF PARTICIPANT ON GRANTS OR OTHER ACTIVITIES
THAT WILL AID IN FURTHERING PROJECT ACTIVITIES; AND SUCH OTHER ACTIV-
ITIES AS CAN AID RAPID COMMERCIALIZATION AS ARE PERMISSIBLE UNDER LAW.
(H) OVERSEE AND MAKE RECOMMENDATIONS FOR APPROVAL OF APPLICATIONS TO
THE SCIENTIFIC RESEARCH AND DISCOVERY BANK CREATED BY THIS ARTICLE FOR
THE RECRUITMENT OF OUT OF STATE AND RETENTION OF IN-STATE STAR SCIEN-
TISTS AND RESEARCHERS.
(I) UPON REQUEST, PROVIDE TECHNICAL ASSISTANCE TO APPLICANTS, AND AS
MAY BE NEEDED FOR SUCCESSFUL IMPLEMENTATION OF A PROJECT, INCLUDING BUT
NOT LIMITED TO ASSISTANCE IN IDENTIFYING AND OBTAINING RESOURCES AND
FUNDING.
(J) IDENTIFY STATUTORY REQUIREMENTS THAT THE COMMITTEE VIEWS AS IMPED-
IMENTS TO SUCCESSFUL IMPLEMENTATION OF APPROVED PLANS, AND AS NECESSARY,
SUBMIT REQUESTS TO THE LEGISLATURE IN ACCORDANCE WITH ARTICLE VII OF THE
STATE CONSTITUTION FOR SPECIFIC LEGISLATIVE ENACTMENTS NECESSARY TO
REMOVE SUCH IMPEDIMENTS.
(K) ENTER INTO AGREEMENTS BETWEEN AND AMONG THE MEMBERS OF THE COMMIT-
TEE AS NECESSARY TO DELINEATE THEIR RESPECTIVE ROLES REGARDING THE COOP-
ERATIVE PROVISION OF FUNDING AND ASSISTANCE.
2. THE COMMITTEE MAY ACT THROUGH ITS CHAIRS IN ALL MATTERS OF OVER-
SIGHT AND IMPLEMENTATION OF THE PROGRAM AUTHORIZED BY THIS ARTICLE.
S 444. APPLICATION FOR DESIGNATION AS A NEW YORK STATE BIOMEDICAL AND
BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE
CENTER. IN RESPONSE TO A REQUEST FOR PROPOSALS, A MEDICAL SCHOOL OR A
MEDICAL SCHOOL AND AN AFFILIATED ENTITY MAY APPLY FOR FUNDING AND DESIG-
NATION AS A NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL
RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTER BY SUBMITTING AN APPLI-
CATION AND PLAN TO THE COMMISSIONER. THE COMMISSIONER SHALL FORWARD ALL
SUCH APPLICATIONS TO THE PEER REVIEW COMMITTEE FOR REVIEW AND RECOMMEN-
DATION AS HEREIN PROVIDED, AND THEN TO THE STATE COMMITTEE. IN ADDITION
TO SUCH OTHER ITEMS, WARRANTIES, AND INFORMATION AS THE STATE INITIATIVE
COMMITTEE MAY REQUIRE, PLANS MUST SHOW THAT THE ACTIVITIES TO BE UNDER-
TAKEN WILL COMMERCIALIZE RESEARCH FROM LAB TO MARKETPLACE, DEMONSTRATE
THAT THE CENTER MEETS THE MATCHING FUNDS AND ENTREPRENEUR RELATIONSHIP
REQUIREMENTS HEREUNDER, AND MEET A MAJORITY OF THE REMAINDER OF THE
FOLLOWING ITEMS:
S. 6357--C 98
1. COMMITMENT: A MULTI-YEAR COMMITMENT TO IMPLEMENT THE PLAN, OVER A
PERIOD OF NOT LESS THAN FIVE YEARS, DEMONSTRATED BY A COMMITMENT OF
RESOURCES, PERSONNEL, AND FUNDS THAT THE SCHOOL WILL USE, DIRECTLY OR
THROUGH PARTNERSHIPS AND COLLABORATIONS, TO PROVIDE AND/OR INCENTIVIZE
AN INTEGRATED PROGRAM OF RESEARCH, EDUCATION, CLINICAL PRACTICE, ENTRE-
PRENEURSHIP, FINANCING, PARTNERSHIPS, AND RAPID COMMERCIALIZATION OF
RESEARCH. SUCH DEMONSTRATION MAY ALSO INCLUDE CAPITAL INVESTMENTS MADE
OR PLANNED FOR NEW OR REHABILITATED RESEARCH OR LABORATORY SPACE,
CONTINUED SUPPORT FOR ACTIVITIES AFTER THE CONCLUSION OF THE PROJECT,
AND OTHER ACTIVITIES DEMONSTRATING COMMITMENT.
2. RESOURCES: A DESCRIPTION OF THE ACTIONS AND RESOURCES NECESSARY TO
MEET THE PLAN OBJECTIVES OVER ITS DURATION; A DEMONSTRATION THAT THE
MEDICAL SCHOOL HAS OR IS DEVELOPING OPERATIONAL CLINICAL FACILITIES AND
EXPERTISE OR EVIDENCE OF BONA FIDE COLLABORATIONS AND PARTNERSHIPS THAT
CAN PROVIDE SUCH FACILITIES AND EXPERTISE TO SUCCESSFULLY IMPLEMENT THE
PLAN; A DEMONSTRATION THAT THE PROJECT WILL HAVE A PROFESSIONAL MANAGE-
MENT TEAM WITH EXPERIENCE, EXPERTISE, OR CREDENTIALS IN AREAS INCLUDING
BUT NOT LIMITED TO MANAGEMENT, ENTREPRENEURSHIP, BUSINESS DEVELOPMENT,
OR OTHER EQUIVALENT AREAS. THE DEMONSTRATION MAY INCLUDE RECRUITMENT
PLANS OR COMMITMENTS FOR HIGH LEVEL RESEARCH PROFESSIONALS, INCLUDING
HOW THE SCHOOL WOULD MAKE USE OF THE SCIENTIFIC RESEARCH AND DISCOVERY
BANK.
3. ENTREPRENEURIAL AND RESEARCH COLLABORATIONS: EVIDENCE OF BONA FIDE
ENTREPRENEURIAL RELATIONSHIPS WITH ONE OR MORE INCUBATORS OR HOTSPOTS,
AND RESEARCH COLLABORATIONS WITH OTHER ENTITIES INCLUDING BUT NOT LIMIT-
ED TO OTHER RESEARCH INSTITUTIONS, PHARMACEUTICAL AND BIOMEDICAL AND
BIOTECHNOLOGY COMPANIES.
4. LEVERAGED AND APPLIED FUNDING: A DEMONSTRATION THAT THE SCHOOL
ALREADY POSSESSES OR HAS A COMMITMENT FOR AND WILL MAINTAIN DURING THE
PLAN PERIOD THE REQUIRED FUNDING MATCH RATIO OF AT LEAST TWO DOLLARS FOR
EVERY STATE DOLLAR PROVIDED PURSUANT TO THIS ARTICLE TO AN APPROVED
PLAN, AND HOW THE SCHOOL WILL USE OTHER RESOURCES, PARTNERSHIPS, AND
COLLABORATIONS TO AID DIRECTLY OR INDIRECTLY IN ACTIVITIES CRITICAL TO
THE COMMERCIALIZATION OF RESEARCH. INSOFAR AS PRACTICABLE, SUCH MATCHING
FUNDS SHOULD NOT CONSIST OF DIRECT STATE GRANTS FROM THE DEPARTMENT OR
FROM ANOTHER STATE AGENCY OR STATE PUBLIC AUTHORITY, PROVIDED THAT NOTH-
ING IN THIS SUBDIVISION SHALL BE DEEMED TO PROHIBIT A MEDICAL SCHOOL OF
THE STATE UNIVERSITY OF NEW YORK WHICH HAS BEEN DESIGNATED AS A CENTER
FROM USING A PORTION OF ITS OPERATING FUNDS AS MATCHING FUNDS.
5. ADDITIONAL PLANS AND PROGRAMS: OTHER PLANS AND PROGRAMS INTEGRAL TO
THE SUCCESSFUL EXECUTION OF THE PROJECT, INCLUDING BUT NOT LIMITED TO
PATENT AND INTELLECTUAL PROPERTY PLANS, TRAINING AND EDUCATIONAL
PROGRAMS, AND EDUCATIONAL INTEGRATION WITH RESEARCH AND CLINICAL ACTIV-
ITIES.
6. COMMUNITY SUPPORT: A DEMONSTRATION OF COMMUNITY SUPPORT FROM BUSI-
NESS AND GOVERNMENT LEADERS AND ORGANIZATIONS.
7. BEST PRACTICES: A DEMONSTRATION THAT THE MEDICAL SCHOOL HAS OR WILL
ADOPT BEST PRACTICES AND USE OF MULTI-YEAR METRICS FOR PERFORMANCE, AND
THAT IT WILL REPORT DATA AS REQUESTED OR REQUIRED TO THE DEPARTMENT AND
THE STATE INITIATIVE COMMITTEE.
8. PERFORMANCE METRICS: ANTICIPATED ANNUAL AND CUMULATIVE OUTCOMES OF
THE PROJECT IN TERMS OF DIRECT, INDIRECT, AND RETAINED JOBS, INVESTMENT,
AND ECONOMIC AND OTHER ACTIVITY, STATED IN A SPECIFIC AND MEASURABLE
WAY, AND RESEARCH FINDINGS AND PROGRESS.
9. ADVISORY COUNCIL: AN ADVISORY COUNCIL OF FIVE MEMBERS OR MORE THAT
INCLUDES ONE OR MORE EXECUTIVE OFFICERS OF FIRMS THAT HAVE BEEN CREATED
S. 6357--C 99
FROM RESEARCH AT THE SCHOOL, AND INDIVIDUALS WITH EXPERTISE IN AREAS
APPROPRIATE TO THE SPECIFIC DEVELOPMENTAL SECTOR OR CONCENTRATION OF
CLIENTS, OR TO BIOMEDICAL AND BIOTECHNOLOGICAL RESEARCH AND DEVELOPMENT,
AND TO THE MISSION AND GOAL OF THE PROJECT.
S 445. REVIEW AND APPROVAL OF APPLICATIONS. REVIEW OF APPLICATIONS
SHALL TAKE PLACE AS FOLLOWS:
1. THE COMMISSIONER SHALL REVIEW APPLICATIONS AND PLANS RECEIVED FOR
COMPLETENESS, AND THEN FORWARD THEM TO THE PEER REVIEW COMMITTEE. NO
PLAN SHALL BE APPROVED BY THE STATE INITIATIVE COMMITTEE THAT HAS
RECEIVED A DESIGNATION OF NOT RECOMMENDED FOR FURTHER CONSIDERATION
(NRFC) BY THE PEER REVIEW COMMITTEE. NO PLANS SHALL BE FORWARDED BY THE
COMMISSIONER TO EITHER COMMITTEE THAT REQUIRE THAT FUNDS MADE AVAILABLE
PURSUANT TO THIS ARTICLE SHALL BE DIRECTLY OR INDIRECTLY UTILIZED FOR
RESEARCH INVOLVING HUMAN REPRODUCTIVE CLONING.
2. THE MEMBERS OF THE PEER REVIEW COMMITTEE SHALL BE SELECTED BY THE
CHAIR AND THE CO-CHAIR OF THE STATE INITIATIVE COMMITTEE USING GUIDE-
LINES APPROVED BY SUCH COMMITTEE, WHICH SHALL INCLUDE REQUIREMENTS
CONCERNING EXPERTISE AND AVOIDANCE OF CONFLICT OF INTEREST. IF NECESSARY
AND DEEMED APPROPRIATE BY THE STATE INITIATIVE COMMITTEE, PLANS MAY BE
SUBMITTED BLIND TO THE PEER REVIEW PANEL. PEER REVIEW PANELS SHALL
INCLUDE A MINIMUM OF FIVE MEMBERS.
3. THE PEER REVIEW COMMITTEE SHALL REVIEW AND SCORE PLANS BASED ON THE
FOLLOWING CRITERIA:
(A) SCIENTIFIC AND TECHNICAL MERIT;
(B) THE LEVEL OF SCIENTIFIC KNOWLEDGE, TECHNICAL CAPABILITY, AND/OR
CLINICAL PRACTICE AND OTHER NECESSARY PLAN COMPONENTS THAT WOULD BE
REQUIRED TO BE HOUSED AT THE MEDICAL SCHOOL, INCLUDING IMPROVEMENTS THAT
MAY BE ANTICIPATED BASED ON THE PLAN;
(C) THE SUITABILITY OF PRINCIPAL INVESTIGATIONS, COLLABORATORS, AND
OTHER RESEARCHERS TO THE PROJECT, INCLUDING THE EXPERIENCE AND TRAINING
OF STAFF AND COLLABORATORS;
(D) THE ONGOING RECORD OF ACCOMPLISHMENTS AND INTEGRATED EXPERTISE AT
THE SCHOOL OR AS PROPOSED IN THE PLAN, INCLUDING LEADERSHIP APPROACH,
GOVERNANCE AND ORGANIZATIONAL STRUCTURE;
(E) PLANS FOR PROTECTION OF HUMAN SUBJECTS;
(F) THE SCIENTIFIC ENVIRONMENT IN WHICH THE WORK WILL BE DONE;
(G) APPROPRIATENESS OF INSTITUTIONAL SUPPORT, EQUIPMENT, AND OTHER
PHYSICAL RESOURCES; AND
(H) SUCH OTHER INFORMATION AS THE STATE INITIATIVE COMMITTEE SHALL
REQUIRE.
4. AN APPLICATION RECEIVING A LOW SCORE BY THE PEER REVIEW COMMITTEE
BASED ON THE CRITERIA IN SUBDIVISION THREE OF THIS SECTION, OR WHICH
LACKS SIGNIFICANT AND SUBSTANTIAL MERIT, OR WHICH PRESENTS IN THE VIEW
OF THE PEER REVIEW COMMITTEE SERIOUS ETHICAL PROBLEMS IN THE PROTECTION
OF HUMAN SUBJECTS FROM RESEARCH RISKS, OR OTHER SERIOUS ETHICAL PROB-
LEMS, SHALL BE DESIGNATED NOT RECOMMENDED FOR FURTHER CONSIDERATION
(NRFC). SUCH PLANS SHALL BE RETURNED TO THE COMMISSIONER AND BY THE
COMMISSIONER TO THE STATE INITIATIVE COMMITTEE WITH WRITTEN RECOMMENDA-
TIONS FOR CHANGE.
5. THE STATE INITIATIVE COMMITTEE SHALL REVIEW AND SCORE PLANS BASED
ON THE CATEGORIES REQUIRED IN THE APPLICATION PURSUANT TO SECTION FOUR
HUNDRED FORTY-FOUR OF THIS ARTICLE, AND SHALL ADDITIONALLY CONSIDER THE
FOLLOWING:
(A) THE ANTICIPATED EFFECTIVENESS OF THE PLAN AS EVIDENCED BY THE
EXISTENCE OF AVAILABLE RESOURCES DEDICATED TO THE PLAN AND THE COMMIT-
MENT OF THE MEDICAL SCHOOL;
S. 6357--C 100
(B) THE ABILITY OF THE APPLICANT TO UNDERTAKE AND COMPLETE THE PLAN,
THE FEASIBILITY OF MEETING THE METRICS AND GOALS PROVIDED FOR DETERMIN-
ING THE SUCCESS OF THE PLAN, THE DURABILITY AND EXTENT OF THE RELATION-
SHIPS WITH INCUBATORS AND HOTSPOTS, AND WITH START-UP NY PROJECTS, AND
WITH PRIVATE AND OTHER PUBLIC COLLABORATORS;
(C) THE ABILITY OF THE APPLICANT TO PROVIDE THE NECESSARY DATA FOR AN
EFFECTIVE EVALUATION OF THE PROJECT;
(D) THE AMOUNT OF FEDERAL AND PRIVATE GRANTS, OR OTHER RESOURCES THAT
WILL BE INCENTIVIZED AND MADE AVAILABLE TO THE SCHOOL TO ASSIST IN FUND-
ING OF THE PROJECT; AND
(E) SUCH OTHER MEASURABLE CRITERIA AS SHALL BE DETERMINED BY THE
COMMITTEE.
6. PLANS DESIGNATED AS NOT RECOMMENDED FOR FURTHER CONSIDERATION
(NRFC) BY THE PEER REVIEW COMMITTEE OR THE STATE INITIATIVE COMMITTEE
SHALL BE RETURNED TO THE APPLICANT WITH ANY RECOMMENDATIONS FOR AMEND-
MENT AND MAY BE RESUBMITTED IN THE FOLLOWING YEAR.
7. THE STATE INITIATIVE COMMITTEE SHALL REVIEW THE APPLICATIONS AND
PLANS SUBMITTED TO IT AND RECOMMEND CHANGES AND DETERMINE FUNDING LEVELS
AND SOURCES TO BE INCLUDED IN THE UNIFIED CONTRACT, PROVIDED THAT NOT
MORE THAN FORTY PERCENT OF FUNDS, APPROPRIATED PURSUANT TO THIS ARTICLE
SHALL BE USED FOR ANY SINGLE PROJECT IN ANY YEAR. INSOFAR AS PRACTICABLE
IN APPROVING APPLICATIONS, THE COMMITTEE SHALL SEEK TO PROVIDE A
GEOGRAPHICALLY BALANCED DISTRIBUTION AMONG THE REGIONS OF THE STATE IN
DESIGNATING NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL TRANSLATIONAL
RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTERS.
8. AS SOON AS PRACTICABLE AFTER APPROVING AN APPLICATION THE COMMITTEE
SHALL NOTIFY THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY OF ITS APPROVAL. SUCH NOTIFICATION SHALL IDENTIFY THE
RECIPIENT AND STATE THE PROPOSED LOCATION, THE ESTIMATED PROJECT FUNDING
AND AWARD AND PROVIDE A BRIEF DESCRIPTION OF THE PROJECT.
S 446. WAIVER IN CERTAIN CASES. TO PROMOTE INNOVATIVE APPROACHES AND
MAXIMIZE EFFECTIVE USE OF PUBLIC MONIES AND THE LIKELIHOOD OF SUCCESS IN
OPERATION OF APPROVED NEW YORK STATE BIOMEDICAL AND BIOTECHNOLOGICAL
TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE CENTERS, AND
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER OR DIRECTOR
OF ANY STATE AGENCY THAT IS A MEMBER OF THE STATE INITIATIVE COMMITTEE
MAY WAIVE, UPON APPLICATION BY SUCH CENTER AND SUBJECT TO THE APPROVAL
OF THE STATE INITIATIVE COMMITTEE AND THE DIRECTOR OF THE BUDGET, ANY OF
SUCH AGENCY'S REGULATORY OR PROCEDURAL REQUIREMENTS THAT MAY IMPEDE THE
SUCCESSFUL IMPLEMENTATION OF A PROJECT UNDERTAKEN BY THE CENTER,
PROVIDED THAT SUCH WAIVER IS CONSISTENT WITH APPLICABLE STATE AND FEDER-
AL STATUTES AND WILL NOT IMPAIR THE GENERAL HEALTH OR WELFARE OF THE
PEOPLE RECEIVING SERVICES UNDER SUCH PROJECT OR OTHERS. SUCH COMMISSION-
ER OR DIRECTOR SHALL BE AUTHORIZED, IN CONSULTATION WITH THE DIRECTOR OF
THE BUDGET, TO IMPOSE APPROPRIATE ALTERNATIVE STANDARDS IN PLACE OF ANY
WAIVED REQUIREMENTS.
S 447. OPERATION AND RE-DESIGNATION OF NEW YORK STATE BIOMEDICAL AND
BIOTECHNOLOGICAL TRANSLATIONAL RESEARCH AND ENTREPRENEURSHIP INITIATIVE
CENTERS. IN ADDITION TO ANY OTHER REQUIREMENTS OF THIS ARTICLE, A CENTER
WILL AGREE TO PROVIDE DATA SHOWING ITS SUCCESS IN MEETING PROJECT PLAN
GOALS, INCLUDING YEAR BY YEAR COMPARISON OF RESEARCH ACTIVITY AND
COMMERCIALIZATION THEREOF, FIRM FINANCING AND EQUITY CAPITAL RAISED,
PROVIDED OR LEVERAGED FROM ALL SOURCES, PERSONNEL EMPLOYED ON THE
PROJECT, AND JOBS CREATED BY AND THROUGH THE PROJECT. THE DEPARTMENT
SHALL DESIGN SIMPLIFIED FORMS TO AID IN THE SUBMISSION OF SUCH DATA,
WHICH MAY BE SUBMITTED ELECTRONICALLY.
S. 6357--C 101
THE CHAIRS OF THE STATE INITIATIVE COMMITTEE SHALL EVALUATE AND REPORT
ON THE OPERATIONS OF THE CENTER USING METHODS INCLUDING BUT NOT LIMITED
TO SITE VISITS, REPORTS PURSUANT TO SPECIFIC INFORMATION, AND REVIEW
EVALUATIONS. IF THE CHAIRS DETERMINE THE PROJECT IS NOT PROGRESSING AS
AGREED, THE CENTER WILL BE NOTIFIED OF DEFICIENCIES AND THE CENTER SHALL
REMEDY ANY DEFICIENCIES IN ITS OPERATIONS IN A TIMELY MANNER. SUCH EVAL-
UATIONS SHALL TAKE PLACE NO LESS THAN ONCE EVERY THREE YEARS OR MORE
OFTEN FOR ANY INDIVIDUAL CENTER AT THE DISCRETION OF THE CHAIRS, AND
SHALL RESULT IN A WRITTEN REPORT THAT INCLUDES PROGRAMMATIC AND FISCAL
EVALUATION OF THE PROJECT AND RECOMMENDATIONS FOR IMPROVEMENT.
FAILURE TO TIMELY CURE A DEFICIENCY AFTER REVIEW SHALL RESULT IN
DISQUALIFICATION OF THE MEDICAL SCHOOL AS A CENTER.
A CENTER SHALL BE DEEMED RE-DESIGNATED UPON APPLICATION EVERY FIVE
YEARS UNLESS IT SHALL RECEIVE A NEGATIVE EVALUATION FROM THE PEER REVIEW
GROUP ON ITS APPLICATION FOR RE-DESIGNATION, OR IF IT SHALL FAIL TO
REMEDY IDENTIFIED DEFECTS IN ITS OPERATION MADE KNOWN TO IT PURSUANT TO
THIS SECTION, OR IF THE STATE INITIATIVE COMMITTEE DETERMINES THAT SUCH
DEFECTS ARE OF SUCH A NATURE, INVOLVE FRAUD, OR ARE OF SUCH EXTENT THAT
THEY CANNOT BE REMEDIED.
S 448. SCIENTIFIC RESEARCH AND DISCOVERY BANK PROGRAM. THE SCIENTIFIC
RESEARCH AND DISCOVERY BANK PROGRAM IS HEREBY CREATED, WHOSE PURPOSE
SHALL BE TO PROVIDE FUNDS TO CENTERS FOR RECRUITMENT OF OUT OF STATE AND
RETENTION OF IN-STATE SCIENTISTS AND RESEARCHERS NECESSARY TO THE
SUCCESSFUL IMPLEMENTATION OF APPROVED PROJECTS. MONIES SHALL BE MADE
AVAILABLE TO CENTERS FROM FUNDS APPROPRIATED FOR THE PURPOSES OF THIS
ARTICLE, AFTER REVIEW AND UPON APPROVAL BY THE STATE INITIATIVE COMMIT-
TEE PURSUANT TO A PLAN SUBMITTED BY A CENTER. SUCH PLAN MAY BE SUBMITTED
AT THE TIME OF THE APPLICATION OR AT ANY TIME DURING THE IMPLEMENTATION
OF THE MULTI-YEAR APPROVED PLAN AND MUST DEMONSTRATE TO THE SATISFACTION
OF THE COMMITTEE THAT THE CENTER HAS OR WILL HAVE DURING THE PERIOD OF
THE GRANT A MATCH OF TWO DOLLARS FOR EVERY STATE DOLLAR PROVIDED PURSU-
ANT TO THIS SECTION. PLANS MUST SHOW THE TIMELINE AND USAGE OF FUNDS
REQUIRED AND SUCH OTHER INFORMATION AS THE COMMITTEE SHALL REQUIRE,
INCLUDING: THE NEED FOR SUCH FUNDS AND THE MANNER IN WHICH SUCH AWARD
WOULD ENHANCE THE RESEARCH CAPABILITIES OF THE CENTER NECESSARY TO
SUCCESSFUL IMPLEMENTATION OF THE PROJECT PLAN; THE ABILITY OF THE
RESEARCHER TO LEVERAGE AND ATTRACT FEDERAL FUNDS, VENTURE CAPITAL AND
PRIVATE INDUSTRY FUNDS; AND THE WILLINGNESS OF SUCH RESEARCHER TO PURSUE
ENTREPRENEURIAL ENTERPRISES RESULTING IN NEW BUSINESS OR THE EXPANSION
OF EXISTING BUSINESS IN THIS STATE. THE COMMITTEE SHALL ESTABLISH A
SCHEDULE FOR PAYMENT OF THE AWARD. FUNDS PROVIDED PURSUANT TO THIS
SECTION MUST BE APPLIED DIRECTLY TO NECESSARY EXPENSES FOR RECRUITMENT
AND RETENTION OF SCIENTISTS AND RESEARCHERS, AND MAY NOT BE USED FOR
INDIRECT OR OTHER OVERHEAD COSTS OF THE MEDICAL SCHOOL. INSOFAR AS PRAC-
TICABLE, SUCH MATCHING FUNDS SHOULD NOT CONSIST OF DIRECT STATE GRANTS
FROM THE DEPARTMENT OR FROM ANOTHER STATE AGENCY OR STATE PUBLIC AUTHOR-
ITY, PROVIDED THAT NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT A
MEDICAL SCHOOL OF THE STATE UNIVERSITY OF NEW YORK WHICH HAS BEEN DESIG-
NATED AS A CENTER FROM USING A PORTION OF ITS OPERATING FUNDS AS MATCH-
ING FUNDS. FUNDS USED FOR MATCH MAY INCLUDE REASONABLE ADMINISTRATIVE
COSTS ASSOCIATED WITH OUT OF STATE RECRUITMENT OR IN-STATE RETENTION.
S 449. UNIFIED CONTRACT. THE COMMISSIONER ON BEHALF OF THE STATE
INITIATIVE COMMITTEE SHALL ENTER INTO A UNIFIED CONTRACT WITH EACH
CENTER. THE PROVISIONS OF SUCH CONTRACT SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO: A DESCRIPTION OF PROJECT SERVICES AND ACTIVITIES; THE PLAN;
ALLOWABLE PROJECT COSTS; SPECIFIC SOURCES OF FUNDS THAT WILL SUPPORT THE
S. 6357--C 102
APPROVED COSTS, INCLUDING GOVERNMENTAL AND NON-GOVERNMENTAL FUNDS OR
REVENUES THAT ARE PROPOSED TO BE USED IN SUPPORT OF PROJECT COSTS; AND
THE ALLOCATION OF COSTS BY FUNDING SOURCE. THE FORM OF SUCH UNIFIED
CONTRACT SHALL BE DEVELOPED IN CONSULTATION WITH THE DIVISION OF THE
BUDGET AND THE OFFICE OF STATE COMPTROLLER. THE COMPTROLLER IS AUTHOR-
IZED PURSUANT TO A CERTIFICATE OF ALLOCATION SUBMITTED BY THE DIVISION
OF THE BUDGET TO INTERCHANGE OR TRANSFER FROM APPROPRIATIONS MADE TO THE
AGENCIES OF THE COMMITTEE OR ANY OTHER APPROPRIATION, AS APPROPRIATE,
SUCH AMOUNTS AS MAY BE REQUIRED TO FULFILL THE OBLIGATIONS OF THE STATE
PURSUANT TO SUCH UNIFIED CONTRACTS FOR PAYMENTS OF SUCH OBLIGATIONS. THE
DIVISION OF THE BUDGET SHALL PROVIDE THE CHAIRS OF THE SENATE FINANCE
COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE WITH QUARTERLY
REPORTS OF ALL INTERCHANGES AND TRANSFERS WHICH OCCUR PURSUANT TO THIS
SUBDIVISION.
1. ALLOWABLE COSTS FOR A PROJECT SHALL INCLUDE, BUT NOT BE LIMITED TO
COSTS REASONABLY INCURRED FOR:
(A) PREPARATION OF THE PLAN;
(B) ACTIVITIES AS APPROVED IN THE PROJECT APPLICATION;
(C) EVALUATION OF THE APPROVED PROJECT; AND
(D) RENOVATIONS TO EXISTING STRUCTURES AS MAY BE NEEDED IN FURTHERANCE
OF THE PLAN, EXCEPT THAT IN NO CASE SHALL THE STATE SUPPORT OF SUCH
COSTS EXCEED EITHER TWENTY-FIVE PERCENT OF THE AMOUNT TO BE PROVIDED
PURSUANT TO THE CONTRACT OR FIFTY PERCENT OF THE TOTAL RENOVATION COSTS,
WHICHEVER IS LESS.
2. FUNDING MADE AVAILABLE PURSUANT TO THIS ARTICLE SHALL NOT BE USED
TO SUPPLANT OTHER FUNDS FOR OPERATIONS OR PROJECTS OF A CENTER.
IN ADDITION TO THE FOREGOING REQUIREMENTS, A CENTER SHALL AGREE TO
DEDICATE ALL FUNDS FROM ANY SUPPORT RECEIVED PURSUANT TO THIS ARTICLE,
EXCEPT FOR FUNDS RECEIVED PURSUANT TO PARAGRAPH (D) OF SUBDIVISION ONE
OF THIS SECTION, TO OPERATIONS OF THE CENTER WITHOUT DEDUCTIONS FOR
OVERHEAD, INDIRECT COSTS, OR FACILITIES AND ADMINISTRATION CHARGES OF
THE MEDICAL SCHOOL, AND TO LIMIT TO TEN PERCENT OR LESS THE ALLOCATION
OF FUNDS RECEIVED THROUGH THIS ARTICLE TO ADMINISTRATIVE COSTS OF THE
CENTER.
S 3. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.
PART TT
Section 1. The agriculture and markets law is amended by adding a new
section 308-b to read as follows:
S 308-B. NOTIFICATION OF FOIL REQUEST. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, UPON THE REQUEST OF ANY PERSON OR ENTITY FOR ANY
RECORDS OF A FARM OPERATION, AS DEFINED IN SECTION THREE HUNDRED ONE OF
THIS ARTICLE, FROM AN AGENCY OR OTHER STATE ENTITY; THE AGENCY OR STATE
ENTITY OF WHICH THE REQUEST HAS BEEN MADE SHALL INFORM THE OWNER AND/OR
OPERATOR OF SUCH FARM OPERATION IN WRITING THAT A REQUEST FOR RECORDS
CONCERNING THEIR FARM OPERATION HAS BEEN SUBMITTED, PROVIDE A
DESCRIPTION OF RECORDS REQUESTED AND PROVIDE THE NAME AND ADDRESS OF THE
PERSON OR ENTITY REQUESTING SUCH RECORDS. NOTIFICATION OF THE FARM OPER-
ATION IS TO BE MADE BY THE AGENCY OR STATE ENTITY WITHIN FIVE BUSINESS
DAYS OF SUBMISSION OF THE RECORDS REQUEST BY THE PERSON OR ENTITY SEEK-
ING SUCH RECORDS.
S 2. This act shall take effect immediately and the commissioner of
agriculture and markets is hereby authorized to add, amend and/or repeal
S. 6357--C 103
any rule or regulation necessary for the implementation of this act on
its effective date.
PART UU
Section 1. Section 19-0323 of the environmental conservation law, as
added by chapter 629 of the laws of 2006, subdivisions 3 and 5 as
amended by section 1 of part U of chapter 58 of the laws of 2013, and
subdivisions 6, 7 and 8 as renumbered by section 1 of part C of chapter
59 of the laws of 2010, is amended to read as follows:
S 19-0323. Use of ultra low sulfur diesel fuel and best available tech-
nology by the state.
1. As used in this section, the terms:
a. "Ultra low sulfur diesel fuel" means diesel fuel having sulfur
content of 0.0015 per cent of sulfur or less.
b. "Heavy duty vehicle" or "vehicle" means any on and off-road vehicle
powered by diesel fuel and having a gross vehicle weight of greater than
8,500 pounds, except that those vehicles defined in section 101 of the
vehicle and traffic law, paragraph 2 of schedule E and paragraph (a) of
schedule F of subdivision 7 of section 401 of such law, and vehicles
specified in subdivision 13 of section 401 of such law, and farm type
tractors and all terrain type vehicles used exclusively for agricultural
or mowing purposes, or for snow plowing, other than for hire, farm
equipment, including self-propelled machines used exclusively in grow-
ing, harvesting or handling farm produce, and self-propelled caterpillar
or crawler-type equipment while being operated on the contract site, and
timber harvesting equipment such as harvesters, wood chippers, forward-
ers, log skidders, and other processing equipment used exclusively off
highway for timber harvesting and logging purposes, shall not be deemed
heavy duty vehicles for purposes of this section. This term shall not
include vehicles that are specially equipped for emergency response by
the department, office of emergency management, sheriff's office of the
department of finance, police department or fire department.
c. "Best available retrofit technology" means technology, verified by
the United States environmental protection agency for reducing the emis-
sion of pollutants that achieves reductions in particulate matter emis-
sions at the highest classification level for diesel emission control
strategies that is applicable to the particular engine and application.
Such technology shall also, at a reasonable cost, achieve the greatest
reduction in emissions of nitrogen oxides at such particulate matter
reduction level and shall in no event result in a net increase in the
emissions of either particulate matter or nitrogen oxides.
d. "Reasonable cost" means that such technology does not cost greater
than 30 percent more than other technology applicable to the particular
engine and application that falls within the same classification level
for diesel emission control strategies, as set forth in paragraph c of
this subdivision, when considering the cost of the strategies, them-
selves, and the cost of installation.
2. Any diesel powered heavy duty vehicle that is owned by, operated by
[or on behalf of,] or leased by a state agency and state and regional
public authority shall be powered by ultra low sulfur diesel fuel.
3. Any diesel powered heavy duty vehicle that is owned by, operated by
[or on behalf of,] or leased by a state agency and state and regional
public authority with more than half of its governing body appointed by
the governor shall utilize the best available retrofit technology for
reducing the emission of pollutants. The commissioner shall promulgate
S. 6357--C 104
regulations for the implementation of this subdivision specifying that
all vehicles covered by this subdivision shall have best available
retrofit technology on or before December 31, [2014] 2016.
This subdivision shall not apply to any vehicle subject to a lease or
public works contract entered into or renewed prior to the effective
date of this section.
4. In addition to other provisions for regulations in this section,
the commissioner shall promulgate regulations as necessary and appropri-
ate to carry out the provisions of this [act] SECTION including but not
limited to provision for waivers upon written finding by the commission-
er that (a) best available retrofit technology for reducing the emis-
sions of pollutants as required by subdivision 3 of this section is not
available for a particular vehicle or class of vehicles and (b) that
ultra low sulfur diesel fuel is not available.
5. In addition to any waiver which may be issued pursuant to subdivi-
sion four of this section, the department shall issue a waiver to a
state agency[,] OR a state or regional public authority, [or a person
operating any diesel-powered heavy duty vehicle on behalf of a state
agency, state or regional public authority,] upon a request in a form
acceptable to the department for a waiver from the provisions of subdi-
vision three of this section for a vehicle engine provided that such
vehicle engine will cease to be used in the state on or before December
thirty-first, two thousand fourteen. Any waiver issued pursuant to this
subdivision shall expire when a state agency[, a state or regional
public authority, or a person operating any diesel-powered heavy duty
vehicle on behalf of a state agency,] OR A state or regional public
authority ceases to use the engine in the state but not later than
December thirty-first, two thousand [fourteen] NINETEEN.
6. This section shall not apply where federal law or funding precludes
the state from imposing the requirements of this section.
7. On or before January 1, 2008 and every year thereafter, the commis-
sioner shall report to the governor and legislature on the use of ultra
low sulfur diesel fuel [and the use of the best available retrofit tech-
nology as required under this section]. ON OR BEFORE JANUARY 1, 2017
AND EVERY YEAR THEREAFTER, THE COMMISSIONER SHALL INCLUDE IN THE REPORT
TO THE GOVERNOR AND LEGISLATURE THE USE OF THE BEST AVAILABLE RETROFIT
TECHNOLOGY AS REQUIRED UNDER THIS SECTION. The information contained in
this report shall include, but not be limited to, for each state agency
and public authority covered by this section: (a) the total number of
diesel fuel-powered motor vehicles owned or operated by such agency and
authority; (b) the number of such motor vehicles that were powered by
ultra low sulfur diesel fuel; (c) the total number of diesel fuel-pow-
ered motor vehicles owned or operated by such agency and authority
having a gross vehicle weight rating of more than 8,500 pounds; (d) the
number of such motor vehicles that utilized the best available retrofit
technology, including a breakdown by motor vehicle model, engine year
and the type of technology used for each vehicle; (e) the number of such
motor vehicles that are equipped with an engine certified to the appli-
cable 2007 United States environmental protection agency standard for
particulate matter as set forth in section 86.007-11 of title 40 of the
code of federal regulations or to any subsequent United States environ-
mental protection agency standard for particulate matter that is at
least as stringent; and (f) all waivers, findings, and renewals of such
findings, which, for each waiver, shall include, but not be limited to,
the quantity of diesel fuel needed to power diesel fuel-powered motor
S. 6357--C 105
vehicles owned or operated by such agency and authority; specific infor-
mation concerning the availability of ultra low sulfur diesel fuel.
8. The department shall, to the extent practicable, coordinate with
regions which have proposed or adopted heavy duty emission inspection
programs to promote regional consistency in such programs.
S 2. This act shall take effect immediately.
PART VV
Section 1. Notwithstanding any other section of law or regulation, an
electric generating facility proposed to be constructed on a site at all
or a portion of tax map plots 206/007-01-001.1, 206/007-01-001.3, and
206/007-01-001.2 in the village of Port Jefferson in the county of
Suffolk to which a certificate of completion has been issued pursuant to
section 27-1419 of the environmental conservation law shall be deemed to
be a site used primarily for manufacturing as that term is delimited in
subparagraph (A) of paragraph (3-a) of subdivision (a) of section 21 of
the tax law, and such site shall be considered in an environmental zone
as described in subparagraph (A) of paragraph (6) of subdivision (b) of
section 21 of the tax law and subparagraph (A) of paragraph (5) of
subdivision (a) of section 22 of the tax law if such electric generating
facility:
1. is designed and intended to operate at an electricity production
efficiency level of at least forty-eight percent;
2. will be capable of producing at least 600 MW of electric generating
capacity running at least 7000 hours per year;
3. will be able to achieve a 2 parts per million limit for nitrous
oxide emissions using Lowest Achievable Emission Rate technologies;
4. will utilize Lowest Achievable Emission Rate technologies if feasi-
ble, or, at a minimum, Best Available Control Technologies for carbon
monoxide and sulfur dioxide emission levels;
5. will safely demolish and remove from the site the existing two
operating 175 MW generators currently operating on the site and the two
40 megawatt generators that are decommissioned at the site, and the two
79 megawatt peaking units on the site must either be safely demolished
and removed from the site or will only be operated under conditions
determined to meet the criteria of an energy emergency as declared by
the New York independent system operator;
6. will have been issued such certificate of completion no later than
March 31, 2018; and,
7. will place in service the new electric generating facilities no
later than March 31, 2021.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed on April 1, 2021.
PART WW
Section 1. The agriculture and markets law is amended by adding a new
section 23-a to read as follows:
S 23-A. LIMITATION ON DISCLOSURES ASSOCIATED WITH FREEDOM OF INFORMA-
TION LAW. 1. NOTWITHSTANDING ARTICLE SIX OF THE PUBLIC OFFICERS LAW, THE
COMMISSIONER, ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT, OR ANY CONTRAC-
TOR OR COOPERATOR OF THE DEPARTMENT, SHALL NOT DISCLOSE PURSUANT TO A
REQUEST MADE PURSUANT TO SUCH ARTICLE:
(A) INFORMATION VOLUNTARILY PROVIDED BY AN OWNER OR OPERATOR OF A FARM
OPERATION IN ORDER TO PARTICIPATE IN THE NEW YORK STATE CATTLE HEALTH
S. 6357--C 106
ASSURANCE PROGRAM OR ANY SUCCESSOR CATTLE HEALTH PROGRAM ESTABLISHED BY
THE DEPARTMENT PURSUANT TO SUBDIVISION FORTY-ONE OF SECTION SIXTEEN OF
THIS ARTICLE (COLLECTIVELY, "NYSCHAP"); OR
(B) INFORMATION OTHERWISE CREATED AND MAINTAINED BY THE COMMISSIONER
ABOUT FARM OPERATIONS FOR WHICH INFORMATION DESCRIBED IN PARAGRAPH (A)
OF THIS SUBDIVISION IS VOLUNTARILY PROVIDED.
2. THE DISCLOSURE OF INFORMATION UNDER SUBDIVISION ONE OF THIS SECTION
SHALL NOT CONSTITUTE A WAIVER OF ANY APPLICABLE PRIVILEGE OR PROTECTION
UNDER FEDERAL OR STATE LAW, INCLUDING TRADE SECRET PROTECTION.
3. THE MEANING OF THE TERM "FARM OPERATION" AS USED IN THIS SECTION
SHALL BE THE SAME AS IT IS DEFINED IN SUBDIVISION ELEVEN OF SECTION
THREE HUNDRED ONE OF THIS CHAPTER.
S 2. This act shall take effect immediately.
PART XX
Section 1. Section 95-e of the state finance law, as added by chapter
301 of the laws of 2004, is amended to read as follows:
S 95-e. The New York state autism awareness and research fund. 1.
There is hereby established in the joint custody of the commissioner of
taxation and finance and the comptroller, a special fund to be known as
the New York state autism awareness and research fund.
2. Such fund shall consist of all revenues received pursuant to the
provisions of section four hundred four-v of the vehicle and traffic
law, and all other moneys appropriated, credited, or transferred thereto
from any other fund or source pursuant to law. Nothing contained in this
section shall prevent the state from receiving grants, gifts or bequests
for the purposes of the fund as defined in this section and depositing
them into the fund according to law.
3. (a) Monies of the fund shall be expended only for autism awareness
projects or autism research projects approved by the department of
health in New York state provided, however, that no more than ten
percent of monies from such fund shall be expended on the aggregate
number of autism research projects approved in a fiscal year.
(b) As used in this section, the term "autism research project" means
scientific research approved by the department of health into the causes
and/or treatment of autism, and the term "autism awareness project"
means a project approved by the department of health aimed toward
educating the general public about the causes, symptoms, and treatments
of autism.
4. Monies shall be payable from the fund on the audit and warrant of
the comptroller on vouchers approved and certified by the commissioner
of health.
5. To the extent practicable, the commissioner of health shall ensure
that all monies received during a fiscal year are expended prior to the
end of that fiscal year AND MONIES FROM THIS FUND SHALL NOT BE TRANS-
FERRED TO SUPPORT GENERAL FUND SPENDING.
6. (A) ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMP-
TROLLER SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE
SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE,
CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE
STANDING COMMITTEE ON HEALTH, AND CHAIR OF THE ASSEMBLY COMMITTEE ON
HEALTH THE AMOUNT OF MONEY DEPOSITED IN THE AUTISM AWARENESS AND
RESEARCH FUND DURING THE PRECEDING CALENDAR YEAR AS A RESULT OF REVENUE
DERIVED PURSUANT TO SECTION FOUR HUNDRED FOUR-V OF THE VEHICLE AND TRAF-
FIC LAW, AND FROM GRANTS, GIFTS, AND BEQUESTS.
S. 6357--C 107
(B) ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE DEPARTMENT
OF HEALTH SHALL PROVIDE AN ANNUAL REPORT TO THE GOVERNOR, TEMPORARY
PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF SENATE
FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR
OF THE SENATE STANDING COMMITTEE ON HEALTH, CHAIR OF THE ASSEMBLY
COMMITTEE ON HEALTH, AND THE PUBLIC, REGARDING THE MANNER IN WHICH THE
AUTISM AWARENESS AND RESEARCH FUND MONIES ARE UTILIZED.
(C) THE ANNUAL REPORT SHALL INCLUDE BUT NOT BE LIMITED TO:
(1) THE AMOUNT OF MONEY DISBURSED FROM THE FUND;
(2) A JUSTIFICATION IN THE EVENT THAT ALL FUNDS WERE NOT DISBURSED,
AND A REMEDIAL PLAN TO ENSURE THE TIMELY AND EFFECTIVE USE OF THE
REMAINING FUNDS;
(3) THE MANNER IN WHICH THE FUNDS WERE AWARDED;
(4) THE AMOUNT AWARDED TO EACH RECIPIENT OR RECIPIENTS; AND
(5) THE PURPOSE OF THE DISBURSED FUNDS.
S 2. Section 95-b of the state finance law, as added by chapter 339 of
the laws of 2001, is amended to read as follows:
S 95-b. The New York state "drive out diabetes research and education
fund". 1. There is hereby established in the joint custody of the
commissioner of taxation and finance and the comptroller, a special fund
to be known as the New York state "drive out diabetes research and
education fund".
2. Such fund shall consist of all revenues received pursuant to the
provisions of section four hundred four-s of the vehicle and traffic law
and all other moneys appropriated, credited, or transferred thereto from
any other fund or source pursuant to law. Nothing contained herein shall
prevent the state from receiving grants, gifts or bequests for the
purposes of the fund as defined in this section and depositing them into
the fund according to law.
3. Monies of the fund shall be expended only for diabetes research and
education projects. As used in this section, "diabetes research and
education projects" means scientific research or educational projects
which, pursuant to article twenty-seven-H of the public health law as
redesignated by chapter five hundred eighty-four of the laws of nineteen
hundred eighty-eight, are approved by the department of health.
4. Monies shall be payable from the fund on the audit and warrant of
the comptroller on vouchers approved and certified by the commissioner
of health.
5. To the extent practicable, the commissioner of health shall ensure
that all monies received during a fiscal year are expended prior to the
end of that fiscal year AND MONIES FROM THIS FUND SHALL NOT BE TRANS-
FERRED TO SUPPORT GENERAL FUND SPENDING.
6. (A) ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMP-
TROLLER SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE
SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE,
CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE
STANDING COMMITTEE ON HEALTH, AND CHAIR OF THE ASSEMBLY COMMITTEE ON
HEALTH THE AMOUNT OF MONEY DEPOSITED IN THE "DRIVE OUT DIABETES RESEARCH
AND EDUCATION FUND" DURING THE PRECEDING CALENDAR YEAR AS A RESULT OF
REVENUE DERIVED PURSUANT TO SECTION FOUR HUNDRED FOUR-S OF THE VEHICLE
AND TRAFFIC LAW, AND FROM GRANTS, GIFTS, AND BEQUESTS.
(B) ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE DEPARTMENT
OF HEALTH SHALL PROVIDE AN ANNUAL REPORT TO THE GOVERNOR, TEMPORARY
PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE
FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR
OF THE SENATE STANDING COMMITTEE ON HEALTH, CHAIR OF THE ASSEMBLY
S. 6357--C 108
COMMITTEE ON HEALTH, AND THE PUBLIC, REGARDING THE MANNER IN WHICH THE
"DRIVE OUT DIABETES RESEARCH AND EDUCATION FUND" MONIES ARE UTILIZED.
(C) THE ANNUAL REPORT SHALL INCLUDE BUT NOT BE LIMITED TO:
(1) THE AMOUNT OF MONEY DISBURSED FROM THE FUND;
(2) A JUSTIFICATION IN THE EVENT THAT ALL FUNDS WERE NOT DISBURSED,
AND A REMEDIAL PLAN TO ENSURE THE TIMELY AND EFFECTIVE USE OF THE
REMAINING FUNDS;
(3) THE MANNER IN WHICH THE FUNDS WERE AWARDED;
(4) THE AMOUNT AWARDED TO EACH RECIPIENT OR RECIPIENTS; AND
(5) THE PURPOSE OF THE DISBURSED FUNDS.
S 3. Section 404-u of the vehicle and traffic law, as added by chapter
379 of the laws of 2003, is amended to read as follows:
S 404-u. Distinctive "keep kids drug free" license plates. 1. Any
person residing in this state shall, upon request, be issued a distinc-
tive "keep kids drug free" license plate in support of youth drug
prevention and treatment programs. Application for such license plate
shall be filed with the commissioner in such form and detail as the
commissioner shall prescribe.
2. A distinctive "keep kids drug free" license plate issued pursuant
to this section shall be issued in the same manner as other number
plates upon the payment of the regular registration fee prescribed by
section four hundred one of this article, provided, however, that an
additional annual service charge of twenty-five dollars shall be charged
for such plate. The additional service charge of twenty-five dollars
shall be deposited to the credit of the office of alcoholism and
substance abuse services and shall be used to support programs which
seek to reduce alcoholism and substance abuse among the youth population
in New York state through prevention and/or treatment. Such deposits
shall not be used to replace, offset, or supplant any existing funding
streams which aid the office, but shall be in addition thereto, AND
MONIES FROM THIS FUND SHALL NOT BE TRANSFERRED TO SUPPORT GENERAL FUND
SPENDING. Provided, however, that one year after the effective date of
this section, funds in the amount of five thousand dollars, or so much
thereof as may be available, shall be allocated to the department to
offset costs associated with the production of such license plates.
3. A. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMP-
TROLLER SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE
SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE,
CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE
STANDING COMMITTEE ON HEALTH, AND CHAIR OF THE ASSEMBLY COMMITTEE ON
HEALTH THE AMOUNT OF MONEY RECEIVED PURSUANT TO THE PURCHASES OF THE
"KEEP KIDS DRUG FREE" LICENSE PLATE DURING THE PRECEDING CALENDAR YEAR
AS A RESULT OF REVENUE DERIVED PURSUANT TO THIS SECTION OF THE VEHICLE
AND TRAFFIC LAW, AND FROM GRANTS, GIFTS, AND BEQUESTS.
B. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE OFFICE OF
ALCOHOLISM AND SUBSTANCE ABUSE SERVICES SHALL PROVIDE AN ANNUAL REPORT
TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE
ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY
WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE STANDING COMMITTEE ON
HEALTH, CHAIR OF THE ASSEMBLY COMMITTEE ON HEALTH, AND THE PUBLIC,
REGARDING THE MANNER IN WHICH THE "KEEP KIDS DRUG FREE" LICENSE PLATE
PURCHASES ARE UTILIZED.
C. THE ANNUAL REPORT SHALL INCLUDE BUT NOT BE LIMITED TO:
(1) THE AMOUNT OF MONEY DISBURSED FROM THE FUND;
S. 6357--C 109
(2) A JUSTIFICATION IN THE EVENT THAT ALL FUNDS WERE NOT DISBURSED,
AND A REMEDIAL PLAN TO ENSURE THE TIMELY AND EFFECTIVE USE OF THE
REMAINING FUNDS;
(3) THE MANNER IN WHICH THE FUNDS WERE AWARDED;
(4) THE AMOUNT AWARDED TO EACH RECIPIENT OR RECIPIENTS; AND
(5) THE PURPOSE OF THE DISBURSED FUNDS.
S 4. Section 95-d of the state finance law, as added by chapter 384 of
the laws of 2003, is amended to read as follows:
S 95-d. The New York state "multiple sclerosis research fund". 1.
There is hereby established in the joint custody of the commissioner of
taxation and finance and the comptroller, a special fund to be known as
the New York state "multiple sclerosis research fund".
2. Such fund shall consist of all revenues received pursuant to the
provisions of section four hundred four-u of the vehicle and traffic law
and all other moneys appropriated, credited, or transferred thereto from
any other fund or source pursuant to law. Nothing contained in this
section shall prevent the state from receiving grants, gifts or bequests
for the purposes of the fund as defined in this section and depositing
them into the fund according to law.
3. (a) Monies of the fund shall be expended only for multiple sclero-
sis research projects conducted by MS care centers in New York state.
(b) As used in this section, "multiple sclerosis research projects"
means scientific research into the causes and/or treatment of multiple
sclerosis that is approved by the department of health.
(c) As used in this section, "MS care centers" are facilities licensed
under article twenty-eight of the public health law that are affiliated
with the national multiple sclerosis society for the purpose of provid-
ing health care to individuals with multiple sclerosis and conducting
research into the causes and treatment of multiple sclerosis.
4. Monies shall be payable from the fund on the audit and warrant of
the comptroller on vouchers approved and certified by the commissioner
of health.
5. [To] NOTWITHSTANDING ANY OTHER PROVISIONS MONIES OF THE FUND SHALL
NOT BE TRANSFERRED INTO THE GENERAL FUND FOR ANY PURPOSES AND TO the
extent practicable, the commissioner of health shall ensure that all
monies received during a fiscal year are expended prior to the end of
that fiscal year.
6. (A) ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMP-
TROLLER SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE
SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE,
CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE
STANDING COMMITTEE ON HEALTH, AND CHAIR OF THE ASSEMBLY COMMITTEE ON
HEALTH THE AMOUNT OF MONEY DEPOSITED IN THE MULTIPLE SCLEROSIS RESEARCH
FUND DURING THE PRECEDING CALENDAR YEAR AS A RESULT OF REVENUE DERIVED
PURSUANT TO SECTION FOUR HUNDRED FOUR-U OF THE VEHICLE AND TRAFFIC LAW,
AND FROM GRANTS, GIFTS, AND BEQUESTS.
(B) ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE DEPARTMENT
OF HEALTH SHALL PROVIDE AN ANNUAL REPORT TO THE GOVERNOR, TEMPORARY
PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE
FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR
OF THE SENATE STANDING COMMITTEE ON HEALTH, CHAIR OF THE ASSEMBLY
COMMITTEE ON HEALTH, AND THE PUBLIC, REGARDING THE MANNER IN WHICH THE
MULTIPLE SCLEROSIS RESEARCH FUND MONIES ARE UTILIZED.
(C) THE ANNUAL REPORT SHALL INCLUDE BUT NOT BE LIMITED TO:
(1) THE AMOUNT OF MONEY DISBURSED FROM THE FUND;
S. 6357--C 110
(2) A JUSTIFICATION IN THE EVENT THAT ALL FUNDS WERE NOT DISBURSED,
AND A REMEDIAL PLAN TO ENSURE THE TIMELY AND EFFECTIVE USE OF THE
REMAINING FUNDS;
(3) THE MANNER IN WHICH THE FUNDS WERE AWARDED;
(4) THE AMOUNT AWARDED TO EACH RECIPIENT OR RECIPIENTS; AND
(5) THE PURPOSE OF THE DISBURSED FUNDS.
S 5. This act shall take effect immediately.
PART YY
Section 1. The state comptroller is hereby authorized and directed to
loan money in accordance with the provisions set forth in subdivision 5
of section 4 of the state finance law to the following funds and/or
accounts:
1. Tuition reimbursement account (20451).
2. Proprietary vocational school supervision account (20452).
3. Local government records management account (20501).
4. Child health plus program account (20810).
5. Hospital based grants program account (20812).
6. EPIC premium account (20818).
7. Education - New (20901).
8. VLT - Sound basic education fund (20904).
9. Sewage treatment program management and administration fund
(21000).
10. Hazardous bulk storage account (21061).
11. Federal grants indirect cost recovery account (21065).
12. Low level radioactive waste account (21066).
13. Recreation account (21067).
14. Public safety recovery account (21077).
15. Conservationist magazine account (21080).
16. Environmental regulatory account (21081).
17. Natural resource account (21082).
18. Mined land reclamation program account (21084).
19. Great lakes restoration initiative account (21087).
20. Environmental protection and oil spill compensation fund (21200).
21. Public transportation systems account (21401).
22. Metropolitan mass transportation (21402).
23. Operating permit program account (21451).
24. Mobile source account (21452).
25. Statewide planning and research cooperative system account
(21902).
26. OPWDD provider of service account (21903).
27. Mental hygiene program fund account (21907).
28. Mental hygiene patient income account (21909).
29. Financial control board account (21911).
30. Regulation of racing account (21912).
31. New York Metropolitan Transportation Council account (21913).
32. Cyber upgrade account (21919).
33. State university dormitory income reimbursable account (21937).
34. Energy research account (21943).
35. Criminal justice improvement account (21945).
36. Fingerprint identification and technology account (21950).
37. Environmental laboratory reference fee account (21959).
38. Clinical laboratory reference system assessment account (21962).
39. Public employment relations board account (21964).
40. Indirect cost recovery account (21978).
S. 6357--C 111
41. High school equivalency program account (21979).
42. Multi-agency training account (21989).
43. Bell jar collection account (22003).
44. Industry and utility service account (22004).
45. Real property disposition account (22006).
46. Parking account (22007).
47. Asbestos safety training program account (22009).
48. Batavia school for the blind account (22032).
49. Investment services account (22034).
50. Surplus property account (22036).
51. Financial oversight account (22039).
52. Regulation of indian gaming account (22046).
53. Rome school for the deaf account (22053).
54. Seized assets account (22054).
55. Administrative adjudication account (22055).
56. Federal salary sharing account (22056).
57. New York City assessment account (22062).
58. Cultural education account (22063).
59. Local services account (22078).
60. DHCR mortgage servicing account (22085).
61. Department of motor vehicles compulsory insurance account (22087).
62. Housing indirect cost recovery account (22090).
63. Accident prevention course program account (22094).
64. DHCR-HCA application fee account (22100).
65. Low income housing monitoring account (22130).
66. Corporation administration account (22135).
67. Montrose veteran's home account (22144).
68. Deferred compensation administration account (22151).
69. Rent revenue other New York City account (22156).
70. Rent revenue account (22158).
71. Tax revenue arrearage account (22168).
72. State university general income offset account (22654).
73. State police motor vehicle law enforcement account (22802).
74. Highway safety program account (23001).
75. EFC drinking water program account (23101).
76. DOH drinking water program account (23102).
77. NYCCC operating offset account (23151).
78. Commercial gaming revenue account (23701).
79. Commercial gaming regulation account (23702).
80. Highway and bridge capital account (30051).
81. State university residence hall rehabilitation fund (30100).
82. State parks infrastructure account (30351).
83. Clean water/clean air implementation fund (30500).
84. Hazardous waste remedial cleanup account (31506).
85. Youth facilities improvement account (31701).
86. Housing assistance fund (31800).
87. Housing program fund (31850).
88. Highway facility purpose account (31951).
89. Miscellaneous capital projects fund, information technology capi-
tal financing account.
90. New York racing account (32213).
91. Mental hygiene facilities capital improvement fund (32300).
92. Correctional facilities capital improvement fund (32350).
93. New York State Storm Recovery Capital Fund (33000).
94. OGS convention center account (50318).
95. Centralized services fund (55000).
S. 6357--C 112
96. Archives records management account (55052).
97. Federal single audit account (55053).
98. Civil service law section II administrative account (55055).
99. Civil service EHS occupational health program account (55056).
100. Banking services account (55057).
101. Cultural resources survey account (55058).
102. Neighborhood work project (55059).
103. Automation & printing chargeback account (55060).
104. OFT NYT account (55061).
105. Data center account (55062).
106. Human service telecom account (55063).
107. Intrusion detection account (55066).
108. Domestic violence grant account (55067).
109. Centralized technology services account (55069).
110. Labor contact center account (55071).
111. Human services contact center account (55072).
112. Tax contact center account (55073).
113. Joint labor/management administration fund (55201).
114. Executive direction internal audit account (55251).
115. CIO Information technology centralized services account (55252).
116. Health insurance internal service account (55300).
117. Civil service employee benefits division administrative account
(55301).
118. Correctional industries revolving fund (55350).
119. Employees health insurance account (60201).
120. Medicaid management information system escrow fund (60900).
S 1-a. The state comptroller is hereby authorized and directed to loan
money in accordance with the provisions set forth in subdivision 5 of
section 4 of the state finance law to any account within the following
federal funds, provided the comptroller has made a determination that
sufficient federal grant award authority is available to reimburse such
loans:
1. Federal USDA-food and nutrition services fund. (25000).
2. Federal health and human services fund (25100).
3. Federal education fund (25200).
4. Federal block grant fund (25250).
5. Federal miscellaneous operating grants fund. (25300)
6. Federal unemployment insurance administration fund (25900).
7. Federal unemployment insurance occupational training fund (25950).
8. Federal emergency employment act fund (26000).
9. Federal capital projects fund (31350).
S 2. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, on
or before March 31, 2015, up to the unencumbered balance or the follow-
ing amounts:
Economic Development and Public Authorities:
1. $175,000 from the miscellaneous special revenue fund, underground
facilities safety training account (22172), to the general fund.
2. An amount up to the unencumbered balance from the miscellaneous
special revenue fund, business and licensing services account (21977),
to the general fund.
3. $12,710,000 from the miscellaneous special revenue fund, code
enforcement account (21904), to the general fund.
4. $3,000,000 from the general fund to the miscellaneous special
revenue fund, tax revenue arrearage account (22168).
S. 6357--C 113
5. $350,000 from the state exposition special fund, state fair
receipts account (50051), to the general fund.
Education:
1. $2,265,000,000 from the general fund to the state lottery fund,
education account (20901), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
2. $950,604,000 from the general fund to the state lottery fund, VLT
education account (20904), as reimbursement for disbursements made from
such fund for supplemental aid to education pursuant to section 92-c of
the state finance law that are in excess of the amounts deposited in
such fund for such purposes pursuant to section 1612 of the tax law.
3. Moneys from the state lottery fund up to an amount deposited in
such fund pursuant to section 1612 of the tax law in excess of the
current year appropriation for supplemental aid to education pursuant to
section 92-c of the state finance law.
4. $300,000 from the local government records management improvement
fund (20500) to the archives partnership trust fund (20350).
5. $900,000 from the general fund to the miscellaneous special revenue
fund, Batavia school for the blind account (22032).
6. $900,000 from the general fund to the miscellaneous special revenue
fund, Rome school for the deaf account (22053).
7. $343,400,000 from the state university dormitory income fund
(40350) to the miscellaneous special revenue fund, state university
dormitory income reimbursable account (21937).
8. $24,000,000 from any of the state education department special
revenue and internal service funds to the miscellaneous special revenue
fund, indirect cost recovery account (21978).
9. $8,318,000 from the general fund to the state university income
fund, state university income offset account (22654), for the state's
share of repayment of the STIP loan.
10. $64,000,000 from the state university income fund, state universi-
ty hospitals income reimbursable account (22656) to the general fund for
hospital debt service for the period April 1, 2014 through March 31,
2015.
Environmental Affairs:
1. $16,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the environmental conservation
special revenue fund, federal indirect recovery account (21065).
2. $2,000,000 from any of the department of environmental conserva-
tion's special revenue federal funds to the conservation fund as neces-
sary to avoid diversion of conservation funds.
3. $3,000,000 from any of the office of parks, recreation and historic
preservation capital projects federal funds and special revenue federal
funds to the miscellaneous special revenue fund, federal grant indirect
cost recovery account (22188).
4. $1,000,000 from any of the office of parks, recreation and historic
preservation special revenue federal funds to the miscellaneous special
revenue fund, I love NY water account (21930).
Family Assistance:
1. $10,000,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and the general fund, in accordance with
agreements with social services districts, to the miscellaneous special
S. 6357--C 114
revenue fund, office of human resources development state match account
(21967).
2. $3,000,000 from any of the office of children and family services
or office of temporary and disability assistance special revenue federal
funds to the miscellaneous special revenue fund, family preservation and
support services and family violence services account (22082).
3. $18,670,000 from any of the office of children and family services,
office of temporary and disability assistance, or department of health
special revenue federal funds and any other miscellaneous revenues
generated from the operation of office of children and family services
programs to the general fund.
4. $140,000,000 from any of the office of temporary and disability
assistance or department of health special revenue funds to the general
fund.
5. $2,500,000 from any of the office of temporary and disability
assistance or office of children and family services special revenue
federal funds to the miscellaneous special revenue fund, office of
temporary and disability assistance program account (21980).
6. $35,000,000 from any of the office of children and family services,
office of temporary and disability assistance, department of labor, and
department of health special revenue federal funds to the office of
children and family services miscellaneous special revenue fund, multi-
agency training contract account (21989).
7. $122,000,000 from the miscellaneous special revenue fund, youth
facility per Diem account (22186), to the general fund.
8. $621,850 from the general fund to the combined gifts, grants, and
bequests fund, WB Hoyt Memorial account (20128).
9. $2,500,000 from the miscellaneous special revenue fund, state
central registry (22028) to the general fund.
General Government:
1. $1,566,000 from the miscellaneous special revenue fund, examination
and miscellaneous revenue account (22065) to the general fund.
2. $12,500,000 from the general fund to the health insurance revolving
fund (55300).
3. $192,400,000 from the health insurance reserve receipts fund
(60550) to the general fund.
4. $150,000 from the general fund to the not-for-profit revolving loan
fund (20650).
5. $150,000 from the not-for-profit revolving loan fund (20650) to the
general fund.
6. $30,000,000 from the miscellaneous special revenue fund, real prop-
erty disposition account (22006), to the general fund.
7. $3,000,000 from the miscellaneous special revenue fund, surplus
property account (22036), to the general fund.
8. $19,900,000 from the general fund to the miscellaneous special
revenue fund, alcoholic beverage control account (22033).
9. $23,000,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the general fund.
10. $1,826,000 from the miscellaneous special revenue fund, revenue
arrearage account (22024), to the miscellaneous special revenue fund,
authority budget office account (22138).
11. $1,000,000 from the miscellaneous special revenue fund, parking
services account (22007), to the general fund, for the purpose of reim-
bursing the costs of debt service related to state parking facilities.
12. $21,800,000 from the general fund to the internal service fund,
COPS account (55013).
S. 6357--C 115
13. $14,000,000 from the general fund to the agencies internal service
fund, central technology services account (55069), for the purpose of
enterprise technology projects.
14. $600,000 from the office of general services special events
account (20120) to the general fund.
15. $5,000,000 from the building administration account to the general
fund.
16. $3,000,000 from the abandoned property audit account to the gener-
al fund.
17. $1,000,000 from the internal services fund, OFT NYT account to the
general fund.
18. $5,000,000 from the internal services fund, OFT NYT account to the
general fund.
Health:
1. $64,600,000 from the miscellaneous special revenue fund, quality of
care account (21915) to the general fund.
2. $1,000,000 from the general fund to the combined gifts, grants and
bequests fund, breast cancer research and education account (20155), an
amount equal to the monies collected and deposited into that account in
the previous fiscal year.
3. $1,464,000 from any of the department of health accounts within the
federal health and human services fund to the department of health
miscellaneous special revenue fund, statewide planning and research
cooperation system (SPARCS) program account (21902).
4. $250,000 from the general fund to the combined gifts, grants and
bequests fund, prostate cancer research, detection, and education
account (20183), an amount equal to the moneys collected and deposited
into that account in the previous fiscal year.
5. $500,000 from the general fund to the combined gifts, grants and
bequests fund, Alzheimer's disease research and assistance account
(20143), an amount equal to the moneys collected and deposited into that
account in the previous fiscal year.
6. $26,527,000 from the HCRA resources fund (20800), to the miscella-
neous special revenue fund, empire state stem cell trust fund account
(22161).
7. $11,373,000 from the general fund to the miscellaneous special
revenue fund, empire state stem cell trust fund (22161).
8. $64,600,000 from any of the department of health accounts within
the federal health and human services fund to the miscellaneous special
revenue fund, quality of care account (21915).
9. $4,000,000 from the miscellaneous special revenue fund, certificate
of need account (21920), to the general fund.
10. $3,000,000 from the miscellaneous special revenue fund, adminis-
tration program account (21982), to the general fund.
11. $3,000,000 from the miscellaneous special revenue fund, vital
records account (22103), to the general fund.
12. $10,000,000 from the HCRA resources fund (20800) to the capital
projects fund (30000), for the purpose of funding the all payers claims
database.
13. $3,700,000 from the miscellaneous New York state agency fund,
Medicaid recoveries account (60615), to the general fund.
14. $26,800,000 from the HCRA resources fund (20800) to the general
fund.
Labor:
S. 6357--C 116
1. $400,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the child performer's protection fund, child
performer protection account (20401).
2. $9,400,000 from the miscellaneous special revenue fund, DOL fee and
penalty account (21923), to the general fund.
3. $3,300,000 from the unemployment insurance interest and penalty
fund, unemployment insurance special interest and penalty account
(23601), to the general fund.
4. $2,000,000 from the fee and penalty account (21923) to the general
fund.
Mental Hygiene:
1. $10,000,000 from the miscellaneous special revenue fund, mental
hygiene patient income account (21909), to the miscellaneous special
revenue fund, federal salary sharing account (22056).
2. $100,000,000 from the miscellaneous special revenue fund, mental
hygiene patient income account (21909), to the miscellaneous special
revenue fund, provider of service accounts (21903).
3. $100,000,000 from the miscellaneous special revenue fund, mental
hygiene program fund account (21907), to the miscellaneous special
revenue fund, provider of service account (21903).
4. $1,280,300,000 from the general fund to the miscellaneous special
revenue fund, mental hygiene patient income account (21909).
5. $1,640,278,651 from the general fund to the miscellaneous special
revenue fund, mental hygiene program fund account (21907).
6. $100,000,000 from the miscellaneous special revenue fund, mental
hygiene program fund account (21907), to the general fund.
7. $100,000,000 from the miscellaneous special revenue fund, mental
hygiene patient income account (21909), to the general fund.
Public Protection:
1. $1,350,000 from the miscellaneous special revenue fund, emergency
management account (21944), to the general fund.
2. $3,300,000 from the general fund to the miscellaneous special
revenue fund, recruitment incentive account (22171).
3. $13,000,000 from the general fund to the correctional industries
revolving fund, correctional industries internal service account
(55350).
4. $12,000,000 from the federal miscellaneous operating grants fund,
DMNA damage account (25324), to the general fund.
5. $14,300,000 from the general fund to the miscellaneous special
revenue fund, crimes against revenue program account (22015).
6. $9,100,000 from the miscellaneous special revenue fund, criminal
justice improvement account (21945), to the general fund.
7. $50,000,000 from the miscellaneous special revenue fund, statewide
public safety communications account (22123), to the revenue bond tax
fund.
8. $106,000,000 from the state police motor vehicle law enforcement
and motor vehicle theft and insurance fraud prevention fund, state
police motor vehicle enforcement account (22802), to the general fund
for state operation expenses of the division of state police.
9. $21,500,000 from the general fund to the correctional facilities
capital improvement fund (32350).
10. $5,000,000 from the general fund to the dedicated highway and
bridge trust fund (30050) for the purpose of work zone safety activities
provided by the division of state police for the department of transpor-
tation.
11. Intentionally omitted.
S. 6357--C 117
12. $2,000,000 from the miscellaneous special revenue fund, indigent
legal services account (23551), to the general fund.
Transportation:
1. $17,672,000 from the federal miscellaneous operating grants fund to
the miscellaneous special revenue fund, New York Metropolitan Transpor-
tation Council account (21913).
2. $20,147,000 from the federal capital projects fund to the miscella-
neous special revenue fund, New York Metropolitan Transportation Council
account (21913).
3. $15,700,000 from the miscellaneous special revenue fund, compulsory
insurance account (22087), to the general fund.
4. $12,000,000 from the general fund to the mass transportation oper-
ating assistance fund, public transportation systems operating assist-
ance account (21401).
5. $164,483,000 from the general fund to the dedicated highway and
bridge trust fund (30050).
6. Intentionally omitted.
7. Intentionally omitted.
8. $310,550,000 from the general fund to the MTA financial assistance
fund, mobility tax trust account (23651).
9. Intentionally omitted.
10. Intentionally omitted.
11. Intentionally omitted.
Miscellaneous:
1. $150,000,000 from the general fund to any funds or accounts for the
purpose of reimbursing certain outstanding accounts receivable balances.
2. $500,000,000 from the general fund to the debt reduction reserve
fund (40000).
3. $450,000,000 from the New York state storm recovery capital fund
(33000) to the revenue bond tax fund (40152).
4. $15,500,000 from the general fund, community projects account GG
(10256), to the general fund, state purposes account (10050).
S 3. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, on or before March 31, 2015:
1. Upon request of the commissioner of environmental conservation, up
to $11,283,800 from revenues credited to any of the department of envi-
ronmental conservation special revenue funds, including $3,275,400 from
the environmental protection and oil spill compensation fund (21200),
and $1,773,600 from the conservation fund (21150), to the environmental
conservation special revenue fund, indirect charges account (21060).
2. Upon request of the commissioner of agriculture and markets, up to
$3,000,000 from any special revenue fund or enterprise fund within the
department of agriculture and markets to the general fund, to pay appro-
priate administrative expenses.
3. Upon request of the commissioner of agriculture and markets, up to
$2,000,000 from the state exposition special fund, state fair receipts
account (50051) to the miscellaneous capital projects fund, state fair
capital improvement account (32208).
4. Upon request of the commissioner of the division of housing and
community renewal, up to $6,221,000 from revenues credited to any divi-
sion of housing and community renewal federal or miscellaneous special
revenue fund to the miscellaneous special revenue fund, housing indirect
cost recovery account (22090).
5. Upon request of the commissioner of the division of housing and
community renewal, up to $5,500,000 may be transferred from any miscel-
S. 6357--C 118
laneous special revenue fund account, to any miscellaneous special
revenue fund.
6. Upon request of the commissioner of health up to $5,000,000 from
revenues credited to any of the department of health's special revenue
funds, to the miscellaneous special revenue fund, administration account
(21982).
S 3-a. Employees of the division of military and naval affairs in the
unclassified service of the state, who are substantially engaged in the
performance of duties to support business and financial services, admin-
istrative services, payroll administration, time and attendance, benefit
administration and other transactional human resources functions, may be
transferred to the office of general services in accordance with the
provisions of section 45 of the civil service law as if the state had
taken over a private entity. No employee who is transferred pursuant to
this act shall suffer a reduction in basic annual salary as a result of
the transfer.
S 4. Notwithstanding section 2815 of the public health law or any
other contrary provision of law, upon the direction of the director of
the budget and the commissioner of health, the dormitory authority of
the state of New York is directed to transfer $7,000,000 annually from
funds available and uncommitted in the New York state health care
restructuring pool to the health care reform act (HCRA) resources fund -
HCRA resources account.
S 5. On or before March 31, 2015, the comptroller is hereby authorized
and directed to deposit earnings that would otherwise accrue to the
general fund that are attributable to the operation of section 98-a of
the state finance law, to the agencies internal service fund, banking
services account (55057), for the purpose of meeting direct payments
from such account.
S 6. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and upon requisition by the state university
of New York, the dormitory authority of the state of New York is
directed to transfer, up to $22,000,000 in revenues generated from the
sale of notes or bonds, to the state university of New York for
reimbursement of bondable equipment for further transfer to the state's
general fund.
S 7. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2015, up to $16,000,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Buffalo.
S 8. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget and
upon consultation with the state university chancellor or his or her
designee, on or before March 31, 2015, up to $6,500,000 from the state
university income fund general revenue account (22653) to the state
general fund for debt service costs related to campus supported capital
project costs for the NY-SUNY 2020 challenge grant program at the
University at Albany.
S 9. Notwithstanding any law to the contrary, the state university
chancellor or his or her designee is authorized and directed to transfer
S. 6357--C 119
estimated tuition revenue balances from the state university collection
fund (61000) to the state university income fund, state university
general revenue offset account (22655) on or before March 31, 2015.
S 10. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $69,264,000 from the general fund to the state university income
fund, state university hospitals income reimbursable account (22656)
during the period July 1, 2014 through June 30, 2015 to reflect ongoing
state subsidy of SUNY hospitals and to pay costs attributable to the
SUNY hospitals' state agency status.
S 11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to $969,050,300 from the general fund to the state university income
fund, state university general revenue offset account (22655) during the
period of July 1, 2014 through June 30, 2015 to support operations at
the state university.
S 12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the state university chancel-
lor or his or her designee, up to $50,000,000 from the state university
income fund, state university hospitals income reimbursable account
(22656), for services and expenses of hospital operations and capital
expenditures at the state university hospitals; and the state university
income fund, Long Island veterans' home account (22652) to the state
university capital projects fund (32400) on or before June 30, 2015.
S 13. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller, after consultation
with the state university chancellor or his or her designee, is hereby
authorized and directed to transfer moneys, in the first instance, from
the state university collection fund, Stony Brook hospital collection
account (61006), Brooklyn hospital collection account (61007), and Syra-
cuse hospital collection account (61008) to the state university income
fund, state university hospitals income reimbursable account (22656) in
the event insufficient funds are available in the state university
income fund, state university hospitals income reimbursable account
(22656) to permit the full transfer of moneys authorized for transfer,
to the general fund for payment of debt service related to the SUNY
hospitals. Notwithstanding any law to the contrary, the comptroller is
also hereby authorized and directed, after consultation with the state
university chancellor or his or her designee, to transfer moneys from
the state university income fund to the state university income fund,
state university hospitals income reimbursable account (22656) in the
event insufficient funds are available in the state university income
fund, state university hospitals income reimbursable account (22656) to
pay hospital operating costs or to permit the full transfer of moneys
authorized for transfer, to the general fund for payment of debt service
related to the SUNY hospitals on or before March 31, 2015.
S 14. Notwithstanding any law to the contrary, upon the direction of
the director of the budget and the chancellor of the state university of
New York or his or her designee, and in accordance with section 4 of the
state finance law, the comptroller is hereby authorized and directed to
transfer monies from the state university dormitory income fund (40350)
to the state university residence hall rehabilitation fund (30100), and
from the state university residence hall rehabilitation fund (30100) to
S. 6357--C 120
the state university dormitory income fund (40350), in an amount not to
exceed in the aggregate $80 million.
S 15. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer monies, upon request of the director of the
budget, on or before March 31, 2015, from and to any of the following
accounts: the miscellaneous special revenue fund, patient income account
(21909), the miscellaneous special revenue fund, mental hygiene program
fund account (21907), the miscellaneous special revenue fund, federal
salary sharing account (22056) or the general fund in any combination,
the aggregate of which shall not exceed $350 million.
S 16. Intentionally omitted.
S 17. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, at the request of the director of the budget,
up to $100 million from any non-general fund or account, or combination
of funds and accounts, to the miscellaneous special revenue fund, tech-
nology financing account (22207) or the miscellaneous capital projects
fund, information technology capital financing account, for the purpose
of consolidating technology procurement and services. The amounts
transferred to the miscellaneous special revenue fund, technology
financing account (22207) pursuant to this authorization shall be equal
to or less than the amount of such monies intended to support informa-
tion technology costs which are attributable, according to a plan, to
such account made in pursuance to an appropriation by law. Transfers to
the technology financing account shall be completed from amounts
collected by non-general funds or accounts pursuant to a fund deposit
schedule or permanent statute, and shall be transferred to the technolo-
gy financing account pursuant to a schedule agreed upon by the affected
agency commissioner. Transfers from funds that would result in the loss
of eligibility for federal benefits or federal funds pursuant to federal
law, rule, or regulation as assented to in chapter 683 of the laws of
1938 and chapter 700 of the laws of 1951 are not permitted pursuant to
this authorization.
S 18. Intentionally omitted.
S 19. Intentionally omitted.
S 19-a. Notwithstanding any provision of law, rule or regulation to
the contrary, the New York State energy research and development author-
ity is authorized and directed to pay to the state treasury to the
credit of the general fund the amount of $165,600,000 in reallocated
clean energy ratepayer funds, and the amount of $52,900,000 from
proceeds collected by the authority from the auction or sale of carbon
dioxide emission allowances allocated by the department of environmental
conservation under the Regional Greenhouse Gas Initiative for the fiscal
year commencing April 1, 2014.
S 20. Subdivision 5 of section 97-rrr of the state finance law, as
amended by section 20 of part HH of chapter 57 of the laws of 2013, is
amended to read as follows:
5. Notwithstanding the provisions of section one hundred seventy-one-a
of the tax law, as separately amended by chapters four hundred eighty-
one and four hundred eighty-four of the laws of nineteen hundred eight-
y-one, and notwithstanding the provisions of chapter ninety-four of the
laws of two thousand eleven, or any other provisions of law to the
contrary, during the fiscal year beginning April first, two thousand
[thirteen] FOURTEEN, the state comptroller is hereby authorized and
directed to deposit to the fund created pursuant to this section from
S. 6357--C 121
amounts collected pursuant to article twenty-two of the tax law and
pursuant to a schedule submitted by the director of the budget, up to
[$3,419,375,000] $3,429,375,000, as may be certified in such schedule as
necessary to meet the purposes of such fund for the fiscal year begin-
ning April first, two thousand [thirteen] FOURTEEN.
S 21. The comptroller is authorized and directed to deposit to the
general fund-state purposes account reimbursements from moneys appropri-
ated or reappropriated to the correctional facilities capital improve-
ment fund by a chapter of the laws of 2014. Reimbursements shall be
available for spending from appropriations made to the department of
corrections and community supervision in the general fund-state purposes
accounts by a chapter of the laws of 2014 for costs associated with the
administration and security of capital projects and for other costs
which are attributable, according to a plan, to such capital projects.
S 22. Subdivision 6 of section 4 of the state finance law, as amended
by section 18 of part U of chapter 59 of the laws of 2012, is amended to
read as follows:
6. Notwithstanding any law to the contrary, at the beginning of the
state fiscal year, the state comptroller is hereby authorized and
directed to receive for deposit to the credit of a fund and/or an
account such monies as are identified by the director of the budget as
having been intended for such deposit to support disbursements from such
fund and/or account made in pursuance of an appropriation by law. As
soon as practicable upon enactment of the budget, the director of the
budget shall, but not less than three days following preliminary
submission to the chairs of the senate finance committee and the assem-
bly ways and means committee, file with the state comptroller an iden-
tification of specific monies to be so deposited. Any subsequent change
regarding the monies to be so deposited shall be filed by the director
of the budget, as soon as practicable, but not less than three days
following preliminary submission to the chairs of the senate finance
committee and the assembly ways and means committee.
All monies identified by the director of the budget to be deposited to
the credit of a fund and/or account shall be consistent with the intent
of the budget for the then current state fiscal year as enacted by the
legislature.
[The provisions of this subdivision shall expire on March thirty-
first, two thousand fourteen.]
S 23. Subdivision 4 of section 40 of the state finance law, as amended
by section 19 of part U of chapter 59 of the laws of 2012, is amended to
read as follows:
4. Every appropriation made from a fund or account to a department or
agency shall be available for the payment of prior years' liabilities in
such fund or account for fringe benefits, indirect costs, and telecommu-
nications expenses and expenses for other centralized services fund
programs without limit. Every appropriation shall also be available for
the payment of prior years' liabilities other than those indicated
above, but only to the extent of one-half of one percent of the total
amount appropriated to a department or agency in such fund or account.
[The provisions of this subdivision shall expire March thirty-first,
two thousand fourteen.]
S 24. Notwithstanding any other law, rule, or regulation to the
contrary, the state comptroller is hereby authorized and directed to use
any balance remaining in the mental health services fund debt service
appropriation, after payment by the state comptroller of all obligations
required pursuant to any lease, sublease, or other financing arrangement
S. 6357--C 122
between the dormitory authority of the state of New York as successor to
the New York state medical care facilities finance agency, and the
facilities development corporation pursuant to chapter 83 of the laws of
1995 and the department of mental hygiene for the purpose of making
payments to the dormitory authority of the state of New York for the
amount of the earnings for the investment of monies deposited in the
mental health services fund that such agency determines will or may have
to be rebated to the federal government pursuant to the provisions of
the internal revenue code of 1986, as amended, in order to enable such
agency to maintain the exemption from federal income taxation on the
interest paid to the holders of such agency's mental services facilities
improvement revenue bonds. Annually on or before each June 30th, such
agency shall certify to the state comptroller its determination of the
amounts received in the mental health services fund as a result of the
investment of monies deposited therein that will or may have to be
rebated to the federal government pursuant to the provisions of the
internal revenue code of 1986, as amended.
S 25. Section 68-b of the state finance law is amended by adding a new
subdivision 12 to read as follows:
12. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE AUTHOR-
IZED ISSUERS ANY PORTION OF BOND PROCEEDS PAID TO PROVIDE FUNDS FOR OR
REIMBURSE THE STATE FOR ITS COSTS ASSOCIATED WITH SUCH AUTHORIZED
PURPOSES AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR ANY
OTHER APPROPRIATE FUND.
S 26. Section 69-n of the state finance law is amended by adding a new
subdivision 12 to read as follows:
12. THE COMPTROLLER IS HEREBY AUTHORIZED TO RECEIVE FROM THE AUTHOR-
IZED ISSUERS ANY PORTION OF BOND PROCEEDS PAID TO PROVIDE FUNDS FOR OR
REIMBURSE THE STATE FOR ITS COSTS ASSOCIATED WITH SUCH AUTHORIZED
PURPOSES AND TO CREDIT SUCH AMOUNTS TO THE CAPITAL PROJECTS FUND OR ANY
OTHER APPROPRIATE FUND.
S 27. Paragraph (b) of subdivision 4 of section 72 of the state
finance law, as amended by section 37 of part U of chapter 59 of the
laws of 2012, is amended to read as follows:
(b) On or before the beginning of each quarter, the director of the
budget may certify to the state comptroller the estimated amount of
monies that shall be reserved in the general debt service fund for the
payment of debt service and related expenses payable by such fund during
each month of the state fiscal year, excluding payments due from the
revenue bond tax fund. Such certificate may be periodically updated, as
necessary. Notwithstanding any provision of law to the contrary, the
state comptroller shall reserve in the general debt service fund the
amount of monies identified on such certificate as necessary for the
payment of debt service and related expenses during the current or next
succeeding quarter of the state fiscal year. Such monies reserved shall
not be available for any other purpose. Such certificate shall be
reported to the chairpersons of the Senate Finance Committee and the
Assembly Ways and Means Committee. The provisions of this paragraph
shall expire June thirtieth, two thousand [fourteen] SIXTEEN.
S 28. Section 47 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
added by section 47 of part HH of chapter 57 of the laws of 2013, is
amended to read as follows:
S 47. 1. Notwithstanding the provisions of any other law to the
contrary, the dormitory authority and the corporation are hereby author-
ized to issue bonds or notes in one or more series for the purpose of
S. 6357--C 123
funding project costs for the office of information technology services,
DEPARTMENT OF LAW, and other state costs associated with such capital
projects. The aggregate principal amount of bonds authorized to be
issued pursuant to this section shall not exceed [eighty-seven] ONE
HUNDRED EIGHTY-TWO million [seven] FOUR hundred forty thousand dollars,
excluding bonds issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and bonds or notes issued to
refund or otherwise repay such bonds or notes previously issued. Such
bonds and notes of the dormitory authority and the corporation shall not
be a debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated by
the state to the dormitory authority and the corporation for principal,
interest, and related expenses pursuant to a service contract and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the office of information tech-
nology services, DEPARTMENT OF LAW, and other state costs associated
with such capital projects, the director of the budget is hereby author-
ized to enter into one or more service contracts with the dormitory
authority and the corporation, none of which shall exceed thirty years
in duration, upon such terms and conditions as the director of the budg-
et and the dormitory authority and the corporation agree, so as to annu-
ally provide to the dormitory authority and the corporation, in the
aggregate, a sum not to exceed the principal, interest, and related
expenses required for such bonds and notes. Any service contract entered
into pursuant to this section shall provide that the obligation of the
state to pay the amount therein provided shall not constitute a debt of
the state within the meaning of any constitutional or statutory
provision and shall be deemed executory only to the extent of monies
available and that no liability shall be incurred by the state beyond
the monies available for such purpose, subject to annual appropriation
by the legislature. Any such contract or any payments made or to be made
thereunder may be assigned and pledged by the dormitory authority and
the corporation as security for its bonds and notes, as authorized by
this section.
S 29. Subdivision 1 of section 16 of part D of chapter 389 of the laws
of 1997, relating to the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 49 of part HH of chapter 57 of the laws of 2013, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed seven billion one hundred
[thirty-three] FORTY-EIGHT million sixty-nine thousand dollars
[$7,133,069,000] $7,148,069,000, and shall include all bonds, notes and
other obligations issued pursuant to chapter 56 of the laws of 1983, as
amended or supplemented. The proceeds of such bonds, notes or other
obligations shall be paid to the state, for deposit in the correctional
facilities capital improvement fund to pay for all or any portion of the
amount or amounts paid by the state from appropriations or reappropri-
S. 6357--C 124
ations made to the department of corrections and community supervision
from the correctional facilities capital improvement fund for capital
projects. The aggregate amount of bonds, notes or other obligations
authorized to be issued pursuant to this section shall exclude bonds,
notes or other obligations issued to refund or otherwise repay bonds,
notes or other obligations theretofore issued, the proceeds of which
were paid to the state for all or a portion of the amounts expended by
the state from appropriations or reappropriations made to the department
of corrections and community supervision; provided, however, that upon
any such refunding or repayment the total aggregate principal amount of
outstanding bonds, notes or other obligations may be greater than seven
billion one hundred [thirty-three] FORTY-EIGHT million sixty-nine thou-
sand dollars [$7,133,069,000] $7,148,069,000, only if the present value
of the aggregate debt service of the refunding or repayment bonds, notes
or other obligations to be issued shall not exceed the present value of
the aggregate debt service of the bonds, notes or other obligations so
to be refunded or repaid. For the purposes hereof, the present value of
the aggregate debt service of the refunding or repayment bonds, notes or
other obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded or repaid, shall be calculated by
utilizing the effective interest rate of the refunding or repayment
bonds, notes or other obligations, which shall be that rate arrived at
by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates ther-
eof to the date of issue of the refunding or repayment bonds, notes or
other obligations and to the price bid including estimated accrued
interest or proceeds received by the corporation including estimated
accrued interest from the sale thereof.
S 30. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 50 of part HH of chapter 57
of the laws of 2013, is amended to read as follows:
(a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making capital appropri-
ations or reappropriations for the purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding two billion [eight hundred
forty-four] NINE HUNDRED NINETY-NINE million [eight hundred] ninety-nine
thousand dollars, plus a principal amount of bonds issued to fund the
debt service reserve fund in accordance with the debt service reserve
fund requirement established by the agency and to fund any other
reserves that the agency reasonably deems necessary for the security or
marketability of such bonds and to provide for the payment of fees and
other charges and expenses, including underwriters' discount, trustee
and rating agency fees, bond insurance, credit enhancement and liquidity
enhancement related to the issuance of such bonds and notes. No reserve
fund securing the housing program bonds shall be entitled or eligible to
receive state funds apportioned or appropriated to maintain or restore
such reserve fund at or to a particular level, except to the extent of
any deficiency resulting directly or indirectly from a failure of the
S. 6357--C 125
state to appropriate or pay the agreed amount under any of the contracts
provided for in subdivision four of this section.
S 31. Subdivision (b) of section 11 of 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, as amended
by section 51 of part HH of chapter 57 of the laws of 2013, is amended
to read as follows:
(b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide for state commitments to provide
annually to the thruway authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund OR TO REIMBURSE THE
STATE FOR FUNDING such projects having a cost not in excess of
[$7,591,875,000] $8,080,728,000 cumulatively by the end of fiscal year
[2013-14] 2014-15.
S 32. Subdivision 1 of section 1689-i of the public authorities law,
as amended by section 52 of part HH of chapter 57 of the laws of 2013,
is amended to read as follows:
1. The dormitory authority is authorized to issue bonds, at the
request of the commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified by such commissioner not to
exceed a total principal amount of [one hundred twelve] ONE HUNDRED
TWENTY-SIX million dollars.
S 33. Subdivision (a) of section 27 of part Y of chapter 61 of the
laws of 2005, providing for the administration of certain funds and
accounts related to the 2005-2006 budget, as amended by section 53 of
part HH of chapter 57 of the laws of 2013, is amended to read as
follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding any provisions of law to the contrary, the urban devel-
opment corporation is hereby authorized to issue bonds or notes in one
or more series in an aggregate principal amount not to exceed
[$133,600,000] $139,600,000, excluding bonds issued to finance one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise repay such bonds or
notes previously issued, for the purpose of financing capital projects
INCLUDING IT INITIATIVES for the division of state police, debt service
and leases; and to reimburse the state general fund for disbursements
made therefor. Such bonds and notes of such authorized issuer shall not
be a debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated by
the state to such authorized issuer for debt service and related
expenses pursuant to any service contract executed pursuant to subdivi-
sion (b) of this section and such bonds and notes shall contain on the
face thereof a statement to such effect. Except for purposes of comply-
ing with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
S 34. Section 44 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 54 of part HH of chapter 57 of the laws of 2013, is
amended to read as follows:
S. 6357--C 126
S 44. Issuance of certain bonds or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one or
more series for the purpose of funding project costs for the regional
economic development council initiative, the economic transformation
program, state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo or surrounding envi-
rons, the New York works economic development fund, projects for the
retention of professional football in western New York, the empire state
economic [devlopment] DEVELOPMENT fund, THE CLARKSON-TRUDEAU PARTNER-
SHIP, THE NEW YORK GENOME CENTER, THE CORNELL UNIVERSITY COLLEGE OF
VETERINARY MEDICINE, THE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY, A
PROJECT AT NANO UTICA, ONONDAGA COUNTY REVITALIZATION PROJECTS, A
RESEARCH AND DEVELOPMENT PARK AT STONY BROOK, and other state costs
associated with such projects. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed [one]
TWO billion [three] FIFTY-SEVEN million [six] TWO hundred [seven]
FIFTY-SEVEN thousand dollars, excluding bonds issued to fund one or more
debt service reserve funds, to pay costs of issuance of such bonds, and
bonds or notes issued to refund or otherwise repay such bonds or notes
previously issued. Such bonds and notes of the dormitory authority and
the corporation shall not be a debt of the state, and the state shall
not be liable thereon, nor shall they be payable out of any funds other
than those appropriated by the state to the dormitory authority and the
corporation for principal, interest, and related expenses pursuant to a
service contract and such bonds and notes shall contain on the face
thereof a statement to such effect. Except for purposes of complying
with the internal revenue code, any interest income earned on bond
proceeds shall only be used to pay debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional economic develop-
ment council initiative, the economic transformation program, state
university of New York college for nanoscale and science engineering,
projects within the city of Buffalo or surrounding environs, the New
York works economic development fund, projects for the retention of
professional football in western New York, the empire state economic
development fund, THE CLARKSON-TRUDEAU PARTNERSHIP, THE NEW YORK GENOME
CENTER, THE CORNELL UNIVERSITY COLLEGE OF VETERINARY MEDICINE, THE OLYM-
PIC REGIONAL DEVELOPMENT AUTHORITY, A PROJECT AT NANO UTICA, ONONDAGA
COUNTY REVITALIZATION PROJECTS, THE RESEARCH AND DEVELOPMENT PARK AT
STONY BROOK and other state costs associated with such projects, the
director of the budget is hereby authorized to enter into one or more
service contracts with the dormitory authority and the corporation, none
of which shall exceed thirty years in duration, upon such terms and
conditions as the director of the budget and the dormitory authority and
the corporation agree, so as to annually provide to the dormitory
authority and the corporation, in the aggregate, a sum not to exceed the
principal, interest, and related expenses required for such bonds and
notes. Any service contract entered into pursuant to this section shall
provide that the obligation of the state to pay the amount therein
provided shall not constitute a debt of the state within the meaning of
any constitutional or statutory provision and shall be deemed executory
only to the extent of monies available and that no liability shall be
incurred by the state beyond the monies available for such purpose,
subject to annual appropriation by the legislature. Any such contract or
S. 6357--C 127
any payments made or to be made thereunder may be assigned and pledged
by the dormitory authority and the corporation as security for its bonds
and notes, as authorized by this section.
S 35. Subdivision 3 of section 1285-p of the public authorities law,
as amended by section 55 of part HH of chapter 57 of the laws of 2013,
is amended to read as follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing environmental infrastructure projects authorized by this
section shall be one billion [two] THREE hundred [sixty-five]
THIRTY-FIVE million [seven] SIX hundred [sixty] TWENTY-EIGHT thousand
dollars, exclusive of bonds issued to fund any debt service reserve
funds, pay costs of issuance of such bonds, and bonds or notes issued to
refund or otherwise repay bonds or notes previously issued. Such bonds
and notes of the corporation shall not be a debt of the state, and the
state shall not be liable thereon, nor shall they be payable out of any
funds other than those appropriated by the state to the corporation for
debt service and related expenses pursuant to any service contracts
executed pursuant to subdivision one of this section, and such bonds and
notes shall contain on the face thereof a statement to such effect.
S 36. Section 93-a of the state finance law, as added by section 64 of
part HH of chapter 57 of the laws of 2013, is amended to read as
follows:
S 93-a. New York state storm recovery capital fund. 1. (a) There is
hereby established in the joint custody of the comptroller and the
commissioner of taxation and finance a special fund to be known as the
"New York state storm recovery capital fund".
(b) The sources of funds shall consist of all moneys collected there-
for, or moneys credited, appropriated or transferred thereto from any
other fund or source pursuant to law, or any other moneys made available
for the purposes of the fund. [Any interest received by the comptroller
on moneys on deposit shall be retained in and become a part of the fund,
unless otherwise directed by law.]
2. Following appropriation by the legislature, moneys in the storm
recovery capital fund shall be available [to finance] FOR the repair,
rehabilitation, or replacement of capital works or purposes damaged by
Hurricane Sandy or any future natural disaster expected to be eligible
for reimbursement by the Federal Emergency Management Agency (FEMA), the
Federal Transit Administration (FTA), the Federal Highway Administration
(FHWA) [and] AND/OR any other Federal reimbursement source. No money in
this account may be expended for any project [until] UNLESS the director
of the budget OR HIS OR HER DESIGNEE has determined that there is a
substantial likelihood that the costs of such project shall be [reim-
bursed] ELIGIBLE FOR REIMBURSEMENT by Federal sources. [The director
shall issue formal rules that set forth the process by which he or she
will determine whether there is a substantial likelihood of reimburse-
ment by Federal sources.]
S 37. Intentionally omitted.
S 38. Subdivision (a) of section 48 of part K of chapter 81 of the
laws of 2002, providing for the administration of certain funds and
accounts related to the 2002-2003 budget, as amended by section 68 of
part HH of chapter 57 of the laws of 2013, is amended to read as
follows:
(a) Subject to the provisions of chapter 59 of the laws of 2000 but
notwithstanding the provisions of section 18 of the urban development
corporation act, the corporation is hereby authorized to issue bonds or
notes in one or more series in an aggregate principal amount not to
S. 6357--C 128
exceed [$67,000,000] $199,000,000 excluding bonds issued to fund one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and bonds or notes issued to refund or otherwise repay such bonds or
notes previously issued, for the purpose of financing capital costs
related to homeland security and training facilities for the division of
state police, the division of military and naval affairs, and any other
state agency, including the reimbursement of any disbursements made from
the state capital projects fund, and is hereby authorized to issue bonds
or notes in one or more series in an aggregate principal amount not to
exceed [$220,800,000] $317,800,000, excluding bonds issued to fund one
or more debt service reserve funds, to pay costs of issuance of such
bonds, and bonds or notes issued to refund or otherwise repay such bonds
or notes previously issued, for the purpose of financing improvements to
State office buildings and other facilities located statewide, including
the reimbursement of any disbursements made from the state capital
projects fund. Such bonds and notes of the corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by the
state to the corporation for debt service and related expenses pursuant
to any service contracts executed pursuant to subdivision (b) of this
section, and such bonds and notes shall contain on the face thereof a
statement to such effect.
S 39. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 69 of part HH of chapter 57 of the laws of 2013, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
are hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge projects and capital costs of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture projects including aviation projects, non-MTA mass transit
projects, and rail service preservation projects, including work appur-
tenant and ancillary thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed [two]
FOUR hundred [forty] SIXTY-FIVE million dollars [($240,000,000)]
($465,000,000), excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of such bonds, and to refund or
otherwise repay such bonds or notes previously issued. Such bonds and
notes of the authority, the dormitory authority and the urban develop-
ment corporation shall not be a debt of the state, and the state shall
not be liable thereon, nor shall they be payable out of any funds other
than those appropriated by the state to the authority, the dormitory
authority and the urban development corporation for principal, interest,
and related expenses pursuant to a service contract and such bonds and
notes shall contain on the face thereof a statement to such effect.
Except for purposes of complying with the internal revenue code, any
interest income earned on bond proceeds shall only be used to pay debt
service on such bonds.
S 40. Paragraph (c) of subdivision 19 of section 1680 of the public
authorities law, as amended by section 69-a of part HH of chapter 57 of
the laws of 2013, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, the dormitory authority shall not issue any bonds for state
university educational facilities purposes if the principal amount of
bonds to be issued when added to the aggregate principal amount of bonds
S. 6357--C 129
issued by the dormitory authority on and after July first, nineteen
hundred eighty-eight for state university educational facilities will
exceed [ten] TWELVE billion [four] TWO hundred [twenty-two] THIRTY-TWO
million dollars; provided, however, that bonds issued or to be issued
shall be excluded from such limitation if: (1) such bonds are issued to
refund state university construction bonds and state university
construction notes previously issued by the housing finance agency; or
(2) such bonds are issued to refund bonds of the authority or other
obligations issued for state university educational facilities purposes
and the present value of the aggregate debt service on the refunding
bonds does not exceed the present value of the aggregate debt service on
the bonds refunded thereby; provided, further that upon certification by
the director of the budget that the issuance of refunding bonds or other
obligations issued between April first, nineteen hundred ninety-two and
March thirty-first, nineteen hundred ninety-three will generate long
term economic benefits to the state, as assessed on a present value
basis, such issuance will be deemed to have met the present value test
noted above. For purposes of this subdivision, the present value of the
aggregate debt service of the refunding bonds and the aggregate debt
service of the bonds refunded, shall be calculated by utilizing the true
interest cost of the refunding bonds, which shall be that rate arrived
at by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding bonds
from the payment dates thereof to the date of issue of the refunding
bonds to the purchase price of the refunding bonds, including interest
accrued thereon prior to the issuance thereof. The maturity of such
bonds, other than bonds issued to refund outstanding bonds, shall not
exceed the weighted average economic life, as certified by the state
university construction fund, of the facilities in connection with which
the bonds are issued, and in any case not later than the earlier of
thirty years or the expiration of the term of any lease, sublease or
other agreement relating thereto; provided that no note, including
renewals thereof, shall mature later than five years after the date of
issuance of such note. The legislature reserves the right to amend or
repeal such limit, and the state of New York, the dormitory authority,
the state university of New York, and the state university construction
fund are prohibited from covenanting or making any other agreements with
or for the benefit of bondholders which might in any way affect such
right.
S 41. Paragraph (c) of subdivision 14 of section 1680 of the public
authorities law, as amended by section 67 of part HH of chapter 57 of
the laws of 2013, is amended to read as follows:
(c) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, (i) the dormitory authority shall not deliver a series of
bonds for city university community college facilities, except to refund
or to be substituted for or in lieu of other bonds in relation to city
university community college facilities pursuant to a resolution of the
dormitory authority adopted before July first, nineteen hundred eighty-
five or any resolution supplemental thereto, if the principal amount of
bonds so to be issued when added to all principal amounts of bonds
previously issued by the dormitory authority for city university commu-
nity college facilities, except to refund or to be substituted in lieu
of other bonds in relation to city university community college facili-
ties will exceed the sum of four hundred twenty-five million dollars and
(ii) the dormitory authority shall not deliver a series of bonds issued
for city university facilities, including community college facilities,
S. 6357--C 130
pursuant to a resolution of the dormitory authority adopted on or after
July first, nineteen hundred eighty-five, except to refund or to be
substituted for or in lieu of other bonds in relation to city university
facilities and except for bonds issued pursuant to a resolution supple-
mental to a resolution of the dormitory authority adopted prior to July
first, nineteen hundred eighty-five, if the principal amount of bonds so
to be issued when added to the principal amount of bonds previously
issued pursuant to any such resolution, except bonds issued to refund or
to be substituted for or in lieu of other bonds in relation to city
university facilities, will exceed [six] SEVEN billion eight hundred
[fifty-three] TWENTY-SIX million [two] EIGHT hundred TWENTY-EIGHT thou-
sand dollars. The legislature reserves the right to amend or repeal
such limit, and the state of New York, the dormitory authority, the city
university, and the fund are prohibited from covenanting or making any
other agreements with or for the benefit of bondholders which might in
any way affect such right.
S 42. Subdivision 10-a of section 1680 of the public authorities law,
as amended by section 66 of part HH of chapter 57 of the laws of 2013,
is amended to read as follows:
10-a. Subject to the provisions of chapter fifty-nine of the laws of
two thousand, but notwithstanding any other provision of the law to the
contrary, the maximum amount of bonds and notes to be issued after March
thirty-first, two thousand two, on behalf of the state, in relation to
any locally sponsored community college, shall be [six] SEVEN hundred
[sixty-three] FIFTY-TWO million ONE HUNDRED TWENTY-NINE THOUSAND
dollars. Such amount shall be exclusive of bonds and notes issued to
fund any reserve fund or funds, costs of issuance and to refund any
outstanding bonds and notes, issued on behalf of the state, relating to
a locally sponsored community college.
S 43. The public authorities law is amended by adding a new section
1680-r to read as follows:
S 1680-R. AUTHORIZATION FOR THE ISSUANCE OF BONDS FOR THE CAPITAL
RESTRUCTURING FINANCING PROGRAM. 1. NOTWITHSTANDING THE PROVISIONS OF
ANY OTHER LAW TO THE CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN
DEVELOPMENT CORPORATION ARE HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN
ONE OR MORE SERIES FOR THE PURPOSE OF FUNDING PROJECT COSTS FOR THE
CAPITAL RESTRUCTURING FINANCING PROGRAM FOR HEALTH CARE AND RELATED
FACILITIES LICENSED PURSUANT TO THE PUBLIC HEALTH LAW OR THE MENTAL
HYGIENE LAW AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS.
THE AGGREGATE PRINCIPAL AMOUNT OF BONDS AUTHORIZED TO BE ISSUED PURSUANT
TO THIS SECTION SHALL NOT EXCEED ONE BILLION TWO HUNDRED MILLION
DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE OR MORE DEBT SERVICE RESERVE
FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH BONDS, AND BONDS OR NOTES ISSUED
TO REFUND OR OTHERWISE REPAY SUCH BONDS OR NOTES PREVIOUSLY ISSUED. SUCH
BONDS AND NOTES OF THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT
CORPORATION SHALL NOT BE A DEBT OF THE STATE, AND THE STATE SHALL NOT BE
LIABLE THEREON, NOR SHALL THEY BE PAYABLE OUT OF ANY FUNDS OTHER THAN
THOSE APPROPRIATED BY THE STATE TO THE DORMITORY AUTHORITY AND THE URBAN
DEVELOPMENT CORPORATION FOR PRINCIPAL, INTEREST, AND RELATED EXPENSES
PURSUANT TO A SERVICE CONTRACT AND SUCH BONDS AND NOTES SHALL CONTAIN ON
THE FACE THEREOF A STATEMENT TO SUCH EFFECT. EXCEPT FOR PURPOSES OF
COMPLYING WITH THE INTERNAL REVENUE CODE, ANY INTEREST INCOME EARNED ON
BOND PROCEEDS SHALL ONLY BE USED TO PAY DEBT SERVICE ON SUCH BONDS. THE
ISSUANCE OF ANY BONDS OR NOTES HEREUNDER SHALL FURTHER BE SUBJECT TO THE
APPROVAL OF THE DIRECTOR OF THE DIVISION OF THE BUDGET, AND ANY PROJECTS
FUNDED THROUGH THE ISSUANCE OF BONDS OR NOTES HEREUNDER SHALL BE
S. 6357--C 131
APPROVED BY THE NEW YORK STATE PUBLIC AUTHORITIES CONTROL BOARD, AS
REQUIRED UNDER SECTION FIFTY-ONE OF THIS CHAPTER.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS FOR THE CAPITAL
RESTRUCTURING FINANCING PROGRAM FOR HEALTH CARE AND RELATED FACILITIES
LICENSED PURSUANT TO THE PUBLIC HEALTH LAW OR THE MENTAL HYGIENE LAW AND
OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS, THE DIRECTOR OF
THE BUDGET IS HEREBY AUTHORIZED TO ENTER INTO ONE OR MORE SERVICE
CONTRACTS WITH THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION, UPON SUCH
TERMS AND CONDITIONS AS THE DIRECTOR OF THE BUDGET AND THE DORMITORY
AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AGREE, SO AS TO ANNUALLY
PROVIDE TO THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION, IN THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL, INTEREST,
AND RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY SERVICE
CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL PROVIDE THAT THE
OBLIGATION OF THE STATE TO PAY THE AMOUNT THEREIN PROVIDED SHALL NOT
CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING OF ANY CONSTITUTIONAL
OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY TO THE EXTENT
OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE INCURRED BY THE STATE
BEYOND THE MONIES AVAILABLE FOR SUCH PURPOSE, SUBJECT TO ANNUAL APPRO-
PRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT OR ANY PAYMENTS MADE OR
TO BE MADE THEREUNDER MAY BE ASSIGNED AND PLEDGED BY THE DORMITORY
AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AS SECURITY FOR ITS
BONDS AND NOTES, AS AUTHORIZED BY THIS SECTION.
S 44. Subdivision 1 of section 17 of part D of chapter 389 of the laws
of 1997, providing for the financing of the correctional facilities
improvement fund and the youth facility improvement fund, as amended by
section 43 of part BB of chapter 58 of the laws of 2011, is amended to
read as follows:
1. Subject to the provisions of chapter 59 of the laws of 2000, but
notwithstanding the provisions of section 18 of section 1 of chapter 174
of the laws of 1968, the New York state urban development corporation is
hereby authorized to issue bonds, notes and other obligations in an
aggregate principal amount not to exceed four hundred [twenty-nine]
SIXTY-FIVE million [five] THREE hundred [fifteen] SIXTY-FIVE thousand
dollars [($429,515,000)] ($465,365,000), which authorization increases
the aggregate principal amount of bonds, notes and other obligations
authorized by section 40 of chapter 309 of the laws of 1996, and shall
include all bonds, notes and other obligations issued pursuant to chap-
ter 211 of the laws of 1990, as amended or supplemented. The proceeds of
such bonds, notes or other obligations shall be paid to the state, for
deposit in the youth facilities improvement fund, to pay for all or any
portion of the amount or amounts paid by the state from appropriations
or reappropriations made to the office of children and family services
from the youth facilities improvement fund for capital projects. The
aggregate amount of bonds, notes and other obligations authorized to be
issued pursuant to this section shall exclude bonds, notes or other
obligations issued to refund or otherwise repay bonds, notes or other
obligations theretofore issued, the proceeds of which were paid to the
state for all or a portion of the amounts expended by the state from
appropriations or reappropriations made to the office of children and
family services; provided, however, that upon any such refunding or
repayment the total aggregate principal amount of outstanding bonds,
notes or other obligations may be greater than four hundred [twenty-
S. 6357--C 132
nine] SIXTY-FIVE million [five] THREE hundred [fifteen] SIXTY-FIVE thou-
sand dollars [$429,515,000] ($465,365,000), only if the present value of
the aggregate debt service of the refunding or repayment bonds, notes or
other obligations to be issued shall not exceed the present value of the
aggregate debt service of the bonds, notes or other obligations so to be
refunded or repaid. For the purposes hereof, the present value of the
aggregate debt service of the refunding or repayment bonds, notes or
other obligations and of the aggregate debt service of the bonds, notes
or other obligations so refunded or repaid, shall be calculated by
utilizing the effective interest rate of the refunding or repayment
bonds, notes or other obligations, which shall be that rate arrived at
by doubling the semi-annual interest rate (compounded semi-annually)
necessary to discount the debt service payments on the refunding or
repayment bonds, notes or other obligations from the payment dates ther-
eof to the date of issue of the refunding or repayment bonds, notes or
other obligations and to the price bid including estimated accrued
interest or proceeds received by the corporation including estimated
accrued interest from the sale thereof.
S 45. Subdivision 3 of section 1285-q of the public authorities law,
as added by section 6 of part I of chapter 1 of the laws of 2003, is
amended to read follows:
3. The maximum amount of bonds that may be issued for the purpose of
financing hazardous waste site remediation projects AND ENVIRONMENTAL
RESTORATION PROJECTS authorized by this section shall not exceed one
billion two hundred million dollars and shall not exceed one hundred
twenty million dollars for appropriations enacted for any state fiscal
year, provided that the bonds not issued for such appropriations may be
issued pursuant to reappropriation in subsequent fiscal years. [No bonds
shall be issued for the repayment of any new appropriation enacted after
March thirty-first, two thousand thirteen for hazardous waste site reme-
diation projects authorized by this section.] Amounts authorized to be
issued by this section shall be exclusive of bonds issued to fund any
debt service reserve funds, pay costs of issuance of such bonds, and
bonds or notes issued to refund or otherwise repay bonds or notes previ-
ously issued. Such bonds and notes of the corporation shall not be a
debt of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated by this
state to the corporation for debt service and related expenses pursuant
to any service contracts executed pursuant to subdivision one of this
section, and such bonds and notes shall contain on the face thereof a
statement to such effect.
S 46. Paragraph b of subdivision 2 of section 9-a of section 1 of
chapter 392 of the laws of 1973, constituting the New York state medical
care facilities finance agency act, as amended by section 49-c of part
PP of chapter 56 of the laws of 2009, is amended to read as follows:
b. The agency shall have power and is hereby authorized from time to
time to issue negotiable bonds and notes in conformity with applicable
provisions of the uniform commercial code in such principal amount as,
in the opinion of the agency, shall be necessary, after taking into
account other moneys which may be available for the purpose, to provide
sufficient funds to the facilities development corporation, or any
successor agency, for the financing or refinancing of or for the design,
construction, acquisition, reconstruction, rehabilitation or improvement
of mental health services facilities pursuant to paragraph a of this
subdivision, the payment of interest on mental health services improve-
ment bonds and mental health services improvement notes issued for such
S. 6357--C 133
purposes, the establishment of reserves to secure such bonds and notes,
the cost or premium of bond insurance or the costs of any financial
mechanisms which may be used to reduce the debt service that would be
payable by the agency on its mental health services facilities improve-
ment bonds and notes and all other expenditures of the agency incident
to and necessary or convenient to providing the facilities development
corporation, or any successor agency, with funds for the financing or
refinancing of or for any such design, construction, acquisition, recon-
struction, rehabilitation or improvement and for the refunding of mental
hygiene improvement bonds issued pursuant to section 47-b of the private
housing finance law; provided, however, that the agency shall not issue
mental health services facilities improvement bonds and mental health
services facilities improvement notes in an aggregate principal amount
exceeding seven billion [three] FOUR hundred [sixty-six] THIRTY-FIVE
million [six] EIGHT hundred FIFTEEN thousand dollars, excluding mental
health services facilities improvement bonds and mental health services
facilities improvement notes issued to refund outstanding mental health
services facilities improvement bonds and mental health services facili-
ties improvement notes; provided, however, that upon any such refunding
or repayment of mental health services facilities improvement bonds
and/or mental health services facilities improvement notes the total
aggregate principal amount of outstanding mental health services facili-
ties improvement bonds and mental health facilities improvement notes
may be greater than seven billion [three] FOUR hundred [sixty-six] THIR-
TY-FIVE million [six] EIGHT hundred FIFTEEN thousand dollars only if,
except as hereinafter provided with respect to mental health services
facilities bonds and mental health services facilities notes issued to
refund mental hygiene improvement bonds authorized to be issued pursuant
to the provisions of section 47-b of the private housing finance law,
the present value of the aggregate debt service of the refunding or
repayment bonds to be issued shall not exceed the present value of the
aggregate debt service of the bonds to be refunded or repaid. For
purposes hereof, the present values of the aggregate debt service of the
refunding or repayment bonds, notes or other obligations and of the
aggregate debt service of the bonds, notes or other obligations so
refunded or repaid, shall be calculated by utilizing the effective
interest rate of the refunding or repayment bonds, notes or other obli-
gations, which shall be that rate arrived at by doubling the semi-annual
interest rate (compounded semi-annually) necessary to discount the debt
service payments on the refunding or repayment bonds, notes or other
obligations from the payment dates thereof to the date of issue of the
refunding or repayment bonds, notes or other obligations and to the
price bid including estimated accrued interest or proceeds received by
the authority including estimated accrued interest from the sale there-
of. Such bonds, other than bonds issued to refund outstanding bonds,
shall be scheduled to mature over a term not to exceed the average
useful life, as certified by the facilities development corporation, of
the projects for which the bonds are issued, and in any case shall not
exceed thirty years and the maximum maturity of notes or any renewals
thereof shall not exceed five years from the date of the original issue
of such notes. Notwithstanding the provisions of this section, the agen-
cy shall have the power and is hereby authorized to issue mental health
services facilities improvement bonds and/or mental health services
facilities improvement notes to refund outstanding mental hygiene
improvement bonds authorized to be issued pursuant to the provisions of
section 47-b of the private housing finance law and the amount of bonds
S. 6357--C 134
issued or outstanding for such purposes shall not be included for
purposes of determining the amount of bonds issued pursuant to this
section. The director of the budget shall allocate the aggregate princi-
pal authorized to be issued by the agency among the office of mental
health, office [of mental retardation and] FOR PEOPLE WITH developmental
disabilities, and the office of alcoholism and substance abuse services,
in consultation with their respective commissioners to finance bondable
appropriations previously approved by the legislature.
S 47. The public authorities law is amended by adding a new section
1018 to read as follows:
S 1018. USE AND TRANSFER OF FUNDS. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, AS DEEMED FEASIBLE AND ADVISABLE BY ITS TRUSTEES, ANY AND ALL
FUNDS OF THE AUTHORITY SHALL BE USED EXCLUSIVELY FOR THE PURPOSE OF
EFFECTUATING THE POLICY DECLARED IN SECTION ONE THOUSAND ONE OF THIS
TITLE AND SHALL, UNDER NO CIRCUMSTANCES, BE TRANSFERRED OR OTHERWISE
GIVEN TO THE STATE OF NEW YORK UNLESS SUCH FUNDS ARE USED DIRECTLY FOR
ENERGY PROJECTS. FOR THE PURPOSES OF THIS SECTION, THE TERM "ENERGY
PROJECTS" SHALL MEAN INFRASTRUCTURE IMPROVEMENTS AT AN ELECTRIC GENERAT-
ING FACILITY, ACQUISITION OR INSTALLMENT OF NEW EQUIPMENT AT AN ELECTRIC
GENERATING FACILITY, REPLACEMENT OR RETROFIT OF BURNERS OR TURBINES,
INSTALLATION OR ACQUISITION OF ON-SITE RENEWABLE ENERGY GENERATION,
INSTALLATION OR UPGRADE OF TRANSMISSION LINES, REPLACEMENT OR REINFORCE-
MENT OF TRANSMISSION INFRASTRUCTURE, PUBLIC POLICY REPOWERING PROJECTS,
ENERGY EFFICIENCY PROJECTS, CLEAN ENERGY TECHNOLOGY PROJECTS, AND ANY
PROGRAMS TO FINANCE ANY SUCH PROJECTS.
S 48. The public authorities law is amended by adding a new section
1884 to read as follows:
S 1884. USE AND TRANSFER OF FUNDS. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, ANY FUNDS COLLECTED BY THE AUTHORITY IN CONNECTION WITH ANY
ENERGY OR ENERGY-RELATED FEE OR SURCHARGE AUTHORIZED BY THE PUBLIC
SERVICE COMMISSION SHALL BE DEDICATED AND USED EXCLUSIVELY FOR THE
PURPOSES SPECIFIED BY THE PUBLIC SERVICE COMMISSION FOR SUCH FEE OR
SURCHARGE. IN THE EVENT THAT COLLECTIONS BY THE AUTHORITY IN A CALENDAR
YEAR EXCEED THE COST OF PROGRAMS AND SERVICES OFFERED IN CONNECTION WITH
SUCH FEES OR SURCHARGES DURING SUCH CALENDAR YEAR, THEN SUCH EXCESS
COLLECTIONS SHALL BE RETURNED TO RATEPAYERS PURSUANT TO A PROCEEDING
ESTABLISHED BY THE PUBLIC SERVICE COMMISSION.
S 49. The public authorities law is amended by adding a new section
1680-s to read as follows:
S 1680-S. AUTHORIZATION FOR THE ISSUANCE OF BONDS FOR THE HOSPITAL
TRANSITION PROGRAMS. 1. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW
TO THE CONTRARY, THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT
CORPORATION ARE HEREBY AUTHORIZED TO ISSUE BONDS OR NOTES IN ONE OR
MORE SERIES FOR THE PURPOSE OF FUNDING PROJECT COSTS FOR THE HOSPITAL
PROGRAM FOR HEALTH CARE AND RELATED FACILITIES LICENSED PURSUANT TO THE
PUBLIC HEALTH LAW OR THE MENTAL HYGIENE LAW AND OTHER STATE COSTS
ASSOCIATED WITH SUCH CAPITAL PROJECTS. THE AGGREGATE PRINCIPAL AMOUNT
OF BONDS AUTHORIZED TO BE ISSUED PURSUANT TO THIS SECTION SHALL NOT
EXCEED ONE HUNDRED MILLION DOLLARS, EXCLUDING BONDS ISSUED TO FUND ONE
OR MORE DEBT SERVICE RESERVE FUNDS, TO PAY COSTS OF ISSUANCE OF SUCH
BONDS, AND BONDS OR NOTES ISSUED TO REFUND OR OTHERWISE REPAY SUCH
BONDS OR NOTES PREVIOUSLY ISSUED. SUCH BONDS AND NOTES OF THE DORMITORY
AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION SHALL NOT BE A DEBT OF
THE STATE, AND THE STATE SHALL NOT BE LIABLE THEREON, NOR SHALL THEY BE
PAYABLE OUT OF ANY FUNDS OTHER THAN THOSE APPROPRIATED BY THE STATE TO
THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION FOR PRIN-
S. 6357--C 135
CIPAL, INTEREST, AND RELATED EXPENSES PURSUANT TO A SERVICE CONTRACT AND
SUCH BONDS AND NOTES SHALL CONTAIN ON THE FACE THEREOF A STATEMENT TO
SUCH EFFECT. EXCEPT FOR PURPOSES OF COMPLYING WITH THE INTERNAL REVENUE
CODE, ANY INTEREST INCOME EARNED ON BOND PROCEEDS SHALL ONLY BE USED TO
PAY DEBT SERVICE ON SUCH BONDS. THE ISSUANCE OF ANY BONDS OR NOTES
HEREUNDER SHALL FURTHER BE SUBJECT TO THE APPROVAL OF THE DIRECTOR OF
THE DIVISION OF THE BUDGET, AND ANY PROJECTS FUNDED THROUGH THE ISSU-
ANCE OF BONDS OR NOTES HEREUNDER SHALL BE APPROVED BY THE NEW YORK
STATE PUBLIC AUTHORITIES CONTROL BOARD, AS REQUIRED UNDER SECTION
FIFTY-ONE OF THIS CHAPTER.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IN
ORDER TO ASSIST THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT
CORPORATION IN UNDERTAKING THE FINANCING FOR PROJECT COSTS FOR THE
HOSPITAL TRANSITION PROGRAM FOR HEALTH CARE AND RELATED FACILITIES
LICENSED PURSUANT TO THE PUBLIC HEALTH LAW OR THE MENTAL HYGIENE LAW
AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS, THE DIREC-
TOR OF THE BUDGET IS HEREBY AUTHORIZED TO ENTER INTO ONE OR MORE
SERVICE CONTRACTS WITH THE DORMITORY AUTHORITY AND THE URBAN DEVELOP-
MENT CORPORATION, NONE OF WHICH SHALL EXCEED THIRTY YEARS IN DURATION,
UPON SUCH TERMS AND CONDITIONS AS THE DIRECTOR OF THE BUDGET AND THE
DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPORATION AGREE, SO AS
TO ANNUALLY PROVIDE TO THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT
CORPORATION, IN THE AGGREGATE, A SUM NOT TO EXCEED THE PRINCIPAL,
INTEREST, AND RELATED EXPENSES REQUIRED FOR SUCH BONDS AND NOTES. ANY
SERVICE CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL PROVIDE
THAT THE OBLIGATION OF THE STATE TO PAY THE AMOUNT THEREIN PROVIDED
SHALL NOT CONSTITUTE A DEBT OF THE STATE WITHIN THE MEANING OF ANY
CONSTITUTIONAL OR STATUTORY PROVISION AND SHALL BE DEEMED EXECUTORY ONLY
TO THE EXTENT OF MONIES AVAILABLE AND THAT NO LIABILITY SHALL BE
INCURRED BY THE STATE BEYOND THE MONIES AVAILABLE FOR SUCH PURPOSE,
SUBJECT TO ANNUAL APPROPRIATION BY THE LEGISLATURE. ANY SUCH CONTRACT
OR ANY PAYMENTS MADE OR TO BE MADE THEREUNDER MAY BE ASSIGNED AND
PLEDGED BY THE DORMITORY AUTHORITY AND THE URBAN DEVELOPMENT CORPO-
RATION AS SECURITY FOR ITS BONDS AND NOTES, AS AUTHORIZED BY THIS
SECTION.
S 50. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014; provided
that sections one through nine, and sections thirteen, fourteen, fifteen
and seventeen of this act shall expire March 31, 2015, when upon such
date, the provisions of such sections shall be deemed repealed.
PART ZZ
Section 1. Legislative findings. The legislature finds that:
1. In the past two decades, the provision of telecommunication
services, in particular, the traditional landline telephone service, has
undergone a major transformation. Cable television companies have
entered the voice market, while traditional telephone corporations have
entered the cable television market. Wireless technologies have prolif-
erated, with millions of customers going wireless only.
2. In New York, this transformation is occurring with little change in
the laws governing telecommunications or the public service commission.
Although new services and products are increasingly available, the reli-
ability, affordability, and accessibility of voice and data service are
uneven. Full participation in today's society requires access to voice
and high speed data services.
S. 6357--C 136
3. The legislature is concerned that the current laws that are appli-
cable to the telecommunications industry are outdated and do not provide
sufficient protections to the general public. The laws regulating the
provision of telephone services were enacted at a time when such
services were provided solely through landlines that were owned, oper-
ated and maintained by regulated telephone companies.
4. Federal and state laws and regulations that currently apply to
landline telephone service do not apply in large part to the new tech-
nologies. The different telecommunications networks and services, such
as cable company networks (CATV), fiber to the premise networks (FTTP),
telephone service, and wireless service are regulated to a substantially
different extent by federal, state or local government, resulting in the
potential loss of significant and important consumer protections. As
such, there may be deficiencies in the oversight, standards and regu-
lation with respect to these new telecommunication services.
5. It is necessary and appropriate for the legislature to consider and
determine whether the current laws and regulations are appropriate or
sufficient in this new environment. The legislature has a compelling
interest to ensure that the statutory protections that are currently
afforded to landline telephone customers are available and applicable to
all customers of telecommunication services, and that reliable and
affordable voice and data services are accessible to all New Yorkers.
6. To assist the legislature in its considerations, the legislature
requires a full and complete analysis of the strength and weaknesses,
and the advantages and disadvantages to the consumer of the different
telecommunication services and systems being offered and provided in
this state.
S 2. The public service commission, no later than thirty days after
the effective date of this act, shall undertake a comprehensive examina-
tion and study of the state of the telecommunications industry in this
state. The examination and study shall include, but not be limited to,
the following:
1. the current business, economic and technical activities of tele-
phone corporations and other telecommunications service providers in
this state;
2. the sufficiency of the facilities and instrumentalities furnished
or provided by such corporations, companies and entities;
3. how the adequacy, availability and affordability of telecommuni-
cations services vary among different demographic groups, as defined by
population density, income, home ownership, race and ethnicity, age,
disability, rural and underserved communities, and other relevant crite-
ria;
4. the current condition of the landline telephone networks;
5. the impact of the different types of telecommunications services on
the universal service objectives required under the 1996 Telecommuni-
cations Act;
6. the resiliency and functionality of the different types of network
services in a natural disaster or other emergencies;
7. the extent of the development of wireless and FTTP telecommuni-
cations services in locations throughout the state;
8. the extent to which the non-landline telephone services meet
consumer requirements for reliable voice and data telecommunications
service at affordable rates, as well as their impact on public safety;
and
9. the sufficiency of the current regulatory system to protect the
interests of customers and whether current laws or regulations should be
S. 6357--C 137
changed or amended to enhance or strengthen oversight and regulation
over the entire telecommunications industry.
S 3. In furtherance of the study, the commission may require telephone
corporations and other telecommunications service providers in this
state to deliver, provide or otherwise make available such records,
documents, reports and analyses as necessary to assist the commission in
performing the study.
S 4. The commission shall issue a report, setting forth its findings,
conclusions and recommendations to the governor, the temporary president
of the senate, the speaker of the assembly, and the chair of both the
senate and the assembly committees on telecommunications and energy on
or before December 15, 2014.
S 5. This act shall take effect immediately.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through ZZ of this act shall be
as specifically set forth in the last section of such Parts.