Legislative Bill Drafting Commission
12334-02-0
S. --------
SENATE
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IN SENATE--Introduced by Sen
--read twice and ordered printed,
and when printed to be committed
to the Committee on
-------- A.
ASSEMBLY
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IN ASSEMBLY--Introduced by M. of A.
--read once and referred to the
Committee on
*BUDGBI*
(Enacts provisions of law to imple-
ment and impact upon the appropri-
ations made in the 2000-2001 trans-
portation, economic development and
environmental budget)
--------
Trans. Econ Dev, Art. VII
A BUDGET BILL submitted by the Gov-
ernor in accordance with Article VII
of the Constitution
AN ACT
to authorize the dormitory authority
of the state of New York to provide
funding for the Cornell university
theory center (A); to provide for
the use of utility assessment funds
(B); to amend the environmental
conservation law, in relation to
surf clams and ocean quahogs (C); to
amend chapter 1 of the laws of 1997
amending the environmental conserva-
2 12334-02-0
tion law relating to project
selections, in relation to extending
the effectiveness of such chapter
(D); to amend the environmental
conservation law, the civil practice
law and rules, the general municipal
law, the navigation law, the public
authorities law, the public health
law, the real property law and the
state finance law, in relation to
the remediation of inactive hazard-
ous waste disposal sites and the
cleanup and removal of petroleum
discharges and to repeal section
27-1316 of the environmental conser-
vation law and section 1389-e of the
public health law relating thereto;
to amend chapter 83 of the laws of
1995 amending the state finance law
and other laws relating to bonds,
notes and revenue, in relation to
making permanent certain provisions
thereof; and to amend the tax law,
in relation to a tax credit for
brownfield redevelopment (E); to
amend the environmental conservation
law and the state finance law, in
relation to fishing and hunting
licenses and fees therefor; and to
repeal certain provisions of the
environmental conservation law
relating thereto (F); to amend the
real property tax law, in relation
to state reimbursement for forest
tax exemptions (G); to amend the
state finance law and the environ-
mental conservation law, in relation
to the environmental protection fund
and repealing subdivision 7 of
section 92-s of the state finance
law relating to the application of
certain state assistance payments
(H); to amend the emergency tenant
protection act of nineteen seventy-
four, in relation to the obligation
of the city of New York to fund its
administration (I); to provide for
the use of petroleum overcharge
restitution funds (J); to amend the
transportation law, in relation to
the deposit of motor carrier regis-
tration fees (K); and to amend the
public authorities law and chapter
329 of the laws of 1991 amending the
state finance law and other laws
3 12334-02-0
relating to the establishment of the
dedicated bridge and trust fund, in
relation to the authorization of the
state's five-year transportation
plan (L)
The People of the State of New
York, represented in Senate and
Assembly, do enact as follows:
4 12334-02-0
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to implement the state fiscal plan for the 2000-2001
3 state fiscal year. Each component is wholly contained within a Part
4 identified as Parts A through L. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section three of this act sets forth the
11 general effective date of this act.
12 PART A
13 Section 1. The dormitory authority of the state of New York is author-
14 ized to enter into an agreement with Cornell university for the support
15 of operation of the parallel computing supercomputers at the theory
16 center for supercomputers in connection with the business of the dormi-
17 tory authority in an amount not to exceed $1,200,000 over amounts previ-
18 ously authorized.
19 § 2. This act shall take effect April 1, 2000.
20 PART B
21 Section 1. Expenditures of moneys appropriated in a chapter of the
22 laws of 2000 to the energy research and development authority from the
23 special revenue funds - other / state operations, miscellaneous special
24 revenue fund - 339, energy research and planning account under the
5 12334-02-0
1 research, development and demonstration and policy and planning programs
2 for services and expenses for the research, development and demon-
3 stration and policy and planning programs shall be subject to the
4 provisions of this section. Notwithstanding the provisions of subdivi-
5 sion 4-a of section 18-a of the public service law all moneys committed
6 or expended shall be reimbursed by assessment against gas corporations
7 and electric corporations as defined in section 2 of the public service
8 law, and the total amount which may be charged to any gas corporation
9 and any electric corporation shall not exceed one cent per one thousand
10 cubic feet of gas sold and .010 cent per kilowatt-hour of electricity
11 sold by such corporations in their intrastate utility operations in
12 calendar year 1998. Such amounts shall be excluded from the general
13 assessment provisions of subdivision 2 of section 18-a of the public
14 service law, but shall be billed and paid in the manner set forth in
15 such subdivision and upon receipt shall be paid to the state comptroller
16 for deposit in the state treasury for credit to the miscellaneous
17 special revenue fund. The director of the budget shall not issue a
18 certificate of approval with respect to the commitment and expenditure
19 of moneys hereby appropriated until the chair of the authority shall
20 have submitted, and the director of the budget shall have approved, a
21 comprehensive financial plan encompassing all moneys available to and
22 all anticipated commitments and expenditures by the authority from any
23 source for the operations of the authority. Copies of the approved
24 comprehensive financial plan shall be immediately submitted by the
25 director of the budget to the chairs and secretaries of the legislative
26 fiscal committees.
27 § 2. This act shall take effect April 1, 2000.
6 12334-02-0
1 PART C
2 Section 1. Subdivision 14 of section 13-0309 of the environmental
3 conservation law, as amended by section 5 of part A of chapter 58 of the
4 laws of 1998, is amended to read as follows:
5 14. The departmentÕ, until January first, two thousand oneå shall be
6 entitled to collect fifteen cents per bushel of surf clams and ten
7 cents per bushel of ocean quahogs taken from all certified waters to be
8 deposited in the surf clam/ocean quahog account as provided in section
9 eighty-three of the state finance law.
10 § 2. This act shall take effect immediately.
11 PART D
12 Section 1. Section 8 of chapter 1 of the laws of 1997, amending the
13 environmental conservation law relating to project selections, is
14 amended to read as follows:
15 § 8. This act shall take effect immediately except that this act
16 shall not apply to such projects which are to be funded under the budget
17 for fiscal year 1997-98. This act shall expire and be deemed repealed
18 April 1, Õ2000å 2003 provided, however, that such expiration and repeal
19 shall not affect or diminish the authority of any department, agency,
20 public benefit corporation, or public authority to contract for state
21 assistance payments, and provided further that such expiration and
22 repeal shall not affect the validity or effectiveness of any regulations
23 or guidelines promulgated to implement the Clean Water/Clean Air Bond
24 Act of 1996.
7 12334-02-0
1 § 2. This act shall take effect immediately and shall be deemed to
2 have been in full force and effect on and after April 1, 2000.
3 PART E
4 Section 1. Subdivisions 1, 3 and 4 of section 27-1301 of the environ-
5 mental conservation law, subdivision 1 as amended by chapter 857 of the
6 laws of 1982 and subdivisions 3 and 4 as added by chapter 282 of the
7 laws of 1979, are amended to read as follows:
8 1. "Hazardous waste" means a waste which appears on the list or satis-
9 fies the characteristics promulgated by the commissioner pursuant to
10 section 27-0903 of this Õchapter and, until, but not after, the promul-
11 gation of such list, a waste or combination of wastes, which because of
12 its quantity, concentration, or physical, chemical or infectious charac-
13 teristics may:
14 a. Cause, or significantly contribute to an increase in mortality or
15 an increase in serious irreversible or incapacitating reversible
16 illness; or
17 b. Pose a substantial present or potential hazard to human health or
18 the environment when improperly treated, stored, transported, disposed
19 or otherwise managedå article and any substance which appears on the
20 list promulgated pursuant to section 37-0103 of this chapter; provided,
21 however, that the term "hazardous waste" does not include:
22 a. Natural gas, natural gas liquids, liquefied natural gas, synthetic
23 gas usable for fuel, or mixtures of natural gas and such synthetic gas;
24 nor
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1 b. The residue of emissions from the engine exhaust of a motor vehi-
2 cle, rolling stock, aircraft, vessel, or pipeline pumping station
3 engine; nor
4 c. Source, byproduct, or special nuclear material from a nuclear inci-
5 dent, as those terms are defined in the Atomic Energy Act of 1954, if
6 such release is subject to requirements with respect to financial
7 protection established under section 170 of such act (42 U.S.C. 2210)
8 or, for the purpose of section 104 of the comprehensive environmental
9 response, compensation and liability act of 1980 (42 U.S.C. 9604) or any
10 other response action, any source, byproduct, or special nuclear materi-
11 al from any processing site designated under section 102(a)(1) or 302(a)
12 of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C.
13 7912(a)(1) or 7942(a)); nor
14 d. Petroleum as defined in section one hundred seventy-two of the
15 navigation law, even if appearing on the list promulgated pursuant to
16 section 37-0103 of this chapter.
17 3. "Inactive hazardous waste disposal site remedial program" means
18 activities undertaken to eliminate, remove, abate, control or monitor
19 health and/or environmental hazards or potential hazards in connection
20 with inactive hazardous waste disposal sites or to treat or dispose of
21 wastes and waste contaminated materials from such sites including, but
22 not limited to, grading, contouring, trenching, grouting, capping, exca-
23 vation, transporting, incineration, chemical treatment, biological
24 treatment or construction of leachate collection and treatment facili-
25 ties. The department may include institutional controls and/or engi-
26 neering controls as components of an inactive hazardous waste disposal
27 site remedial program but only if the owner of such real property annu-
28 ally submits to the department a written statement certifying under
9 12334-02-0
1 penalty of perjury that the institutional controls and engineering
2 controls employed to remediate such contamination are unchanged from the
3 previous certification and that nothing has occurred that would consti-
4 tute a violation of any of such controls, and gives access to such real
5 property reasonable under the circumstances to evaluate continued main-
6 tenance of such controls. The department shall establish and maintain a
7 database with relevant information on such controls and shall make such
8 information available for public inspection at the office of the county
9 clerk or register for each county and at the office of the town clerk
10 for each town in Suffolk and Nassau counties.
11 4. "Person" means an individual, trust, firm, joint stock company,
12 corporation, partnership, association, state, municipality, commission,
13 political subdivision of a state, public benefit corporation or any
14 interstate body.
15 a. Such term includes any person owning or operating an inactive
16 hazardous waste disposal site but does not include a person that is a
17 lender that, without participating in the management of such site, holds
18 indicia of ownership primarily to protect the security interest of the
19 person in such site; nor does it include a person that is a lender that
20 did not participate in management of such site prior to foreclosure,
21 notwithstanding that the person forecloses on such site and after fore-
22 closure, sells, re-leases (in the case of a lease finance transaction),
23 or liquidates such site, maintains business activities, winds up oper-
24 ations, undertakes in a non-negligent manner remedial actions under the
25 direction of the department, with respect to such site, or takes any
26 other measure to preserve, protect, or prepare such site prior to sale
27 or disposition, if the person seeks to sell, re-lease (in the case of a
28 lease finance transaction), or otherwise divest the person of such site
10 12334-02-0
1 at the earliest practicable commercially reasonable time, on commercial-
2 ly reasonable terms, taking into account market conditions and legal and
3 regulatory requirements. For purposes of this paragraph:
4 (i) the term "participate in management" means actually participating
5 in the management or operational affairs of such site; and does not
6 include merely having the capacity to influence, or the unexercised
7 right to control, such site's operations;
8 (ii) a person that is a lender and that holds indicia of ownership
9 primarily to protect a security interest in such site shall be consid-
10 ered to participate in management only if, while the borrower is still
11 in possession of such site, the person exercises decisionmaking control
12 over the environmental compliance related to such site, such that the
13 person has undertaken responsibility for the hazardous waste handling or
14 disposal practices related to such site; or exercises control at a level
15 comparable to that of a manager of such site, such that the person has
16 assumed or manifested responsibility for the overall management of such
17 site encompassing day-to-day decisionmaking with respect to environ-
18 mental compliance; or over all or substantially all of the operational
19 functions (as distinguished from financial or administrative functions)
20 of such site other than the function of environmental compliance;
21 (iii) the term "participate in management" does not include performing
22 an act or failing to act prior to the time at which a security interest
23 is created in such site;
24 (iv) the term "participate in management" does not include holding a
25 security interest or abandoning or releasing a security interest;
26 including in the terms of an extension of credit, or in a contract or
27 security agreement relating to the extension, a covenant, warranty, or
28 other term or condition that relates to environmental compliance; moni-
11 12334-02-0
1 toring or enforcing the terms and conditions of the extension of credit
2 or security interest; monitoring or undertaking one or more inspections
3 of such site; requiring a response action or other lawful means of
4 addressing the release or threatened release of a hazardous waste in
5 connection with such site prior to, during, or on the expiration of the
6 term of the extension of credit; providing financial or other advice or
7 counseling in an effort to mitigate, prevent, or cure default or diminu-
8 tion in the value of such site; restructuring, renegotiating, or other-
9 wise agreeing to alter the terms and conditions of the extension of
10 credit or security interest; exercising forbearance; exercising other
11 remedies that may be available under applicable law for the breach of a
12 term or condition of the extension of credit or security agreement; or
13 conducting in a non-negligent manner a remedial action directly or under
14 the direction of the department, if the actions do not rise to the level
15 of participating in management (within the meaning of subparagraphs (i)
16 and (ii) of this paragraph);
17 (v) the term "extension of credit" includes a lease finance trans-
18 action in which the lessor does not initially select such leased site
19 and does not during the lease term control the daily operations or main-
20 tenance of such site; or that conforms with regulations issued by the
21 appropriate federal banking agency (as defined in 12 USC section 1813)
22 or the superintendent of banks or with regulations issued by the
23 National Credit Union Administrative Board, as appropriate;
24 (vi) the term "financial or administrative function" includes a func-
25 tion such as that of a credit manager, accounts payable officer,
26 accounts receivable officer, personnel manager, comptroller, or chief
27 financial officer, or a similar function;
12 12334-02-0
1 (vii) the terms "foreclosure" and "foreclose" mean, respectively,
2 acquiring and to acquire, such site through purchase at sale under a
3 judgment or decree, power of sale, or nonjudicial foreclosure sale; a
4 deed in lieu of foreclosure, or similar conveyance from a trustee; or
5 repossession, if such site was security for an extension of credit
6 previously contracted; conveyance pursuant to an extension of credit
7 previously contracted, including the termination of a lease agreement;
8 or any other formal or informal manner by which the person acquires, for
9 subsequent disposition, title to or possession of such site in order to
10 protect the security interest of the person;
11 (viii) the term "lender" means an insured depository institution (as
12 defined in 12 USC Section 1813); an insured credit union (as defined in
13 12 USC section 1752); a bank or association chartered under the Farm
14 Credit Act of 1971 (12 U.S.C. 2001 et seq.); a leasing or trust company
15 that is an affiliate of an insured depository institution; any person
16 (including a successor or assignee of any such person) that makes a bona
17 fide extension of credit to or takes or acquires a security interest
18 from a nonaffiliated person; the Federal National Mortgage Association,
19 the Federal Home Loan Mortgage Corporation, the Federal Agricultural
20 Mortgage Corporation, or any other entity that in a bona fide manner
21 buys or sells loans or interests in loans; a person that insures or
22 guarantees against a default in the repayment of an extension of credit,
23 or acts as a surety with respect to an extension of credit, to a nonaf-
24 filiated person; and a person that provides title insurance and that
25 acquires such site as a result of assignment or conveyance in the course
26 of underwriting claims and claims settlement;
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1 (ix) the term "operational function" includes a function such as that
2 of a facility or plant manager, operations manager, chief operating
3 officer, or chief executive officer; and
4 (x) the term "security interest" includes a right under a mortgage,
5 deed of trust, assignment, judgment lien, pledge, security agreement,
6 factoring agreement, or lease and any other right accruing to a person
7 to secure the repayment of money, the performance of a duty, or any
8 other obligation by a nonaffiliated person.
9 b. Such term includes any person owning or operating an inactive
10 hazardous waste disposal site but does not include the state of New York
11 or a public corporation which acquired, and thereafter retained without
12 participating in the management of such site, ownership or control
13 involuntarily by virtue of its function as sovereign. Neither the state
14 of New York nor any public corporation shall incur under this chapter
15 any liability as to matters within the jurisdiction of the department as
16 a result of actions taken in response to an emergency created by the
17 release or threatened release of hazardous waste by another person,
18 provided that such actions by the state or public corporation did not
19 constitute reckless, willful, wanton or intentional misconduct. As used
20 in this paragraph:
21 (i) "public corporation" means a public corporation as defined in the
22 general construction law;
23 (ii) involuntary acquisition of ownership or control includes, but is
24 not limited to, the following:
25 (A) acquisitions by the state or a public corporation in its capacity
26 as sovereign, including acquisitions pursuant to abandonment
27 proceedings, or escheat, or any other circumstance of involuntary acqui-
28 sition in its capacity as sovereign;
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1 (B) acquisitions by the state or a public corporation, or its agent,
2 acting as a conservator or receiver pursuant to a clear and direct stat-
3 utory mandate or regulatory authority;
4 (C) acquisitions of assets through foreclosure and its equivalents, or
5 otherwise, by the state or a public corporation in the course of admin-
6 istering a loan, loan guarantee or loan insurance program;
7 (D) acquisitions by the state or a public corporation pursuant to
8 seizure or forfeiture authority; and
9 (E) acquisitions by the state or a public corporation as the result of
10 tax delinquency proceedings, provided, that such ownership or control is
11 not retained primarily for investment purposes;
12 (iii) "management participation" means that the state or public corpo-
13 ration is actually participating in the management or operation of the
14 property but does not include the mere capacity to influence, ability to
15 influence or unexercised right to control the operation of the proper-
16 ty.
17 Nothing contained in this paragraph affects the applicability of para-
18 graph a of this subdivision in favor of a holder of a security interest
19 according to the terms thereof.
20 c. Such term includes any person owning or operating an inactive
21 hazardous waste disposal site, including a fiduciary; provided, however,
22 that such liability on the part of a fiduciary shall not exceed the
23 assets held in the fiduciary capacity if such person is not liable inde-
24 pendently of such person's ownership as a fiduciary or actions taken in
25 a fiduciary capacity including, but not limited to, the fiduciary negli-
26 gently causing or contributing to the release or threatened release of
27 hazardous waste at such site.
28 (i) For purposes of this paragraph:
15 12334-02-0
1 (A) the term "fiduciary" means a person acting for the benefit of
2 another party as a bona fide trustee; executor; administrator; custo-
3 dian; guardian of estates or guardian ad litem; receiver; conservator;
4 committee of estates of incapacitated person; personal representative;
5 trustee (including a successor to a trustee) under an indenture agree-
6 ment, trust agreement, lease, or similar financing agreement, for debt
7 securities, certificates of interest or certificates of participation in
8 debt securities, or other forms of indebtedness as to which the trustee
9 is not, in the capacity of trustee, the lender; or representative in any
10 other capacity that the department, after providing public notice,
11 determines to be similar to the various capacities previously described
12 in this paragraph; and does not include either a person that is acting
13 as a fiduciary with respect to a trust or other fiduciary estate that
14 was organized for the primary purpose of, or is engaged in, actively
15 carrying on a trade or business for profit unless the trust or other
16 fiduciary estate was created as part of, or to facilitate, one or more
17 estate plans or because of the incapacity of a natural person or a
18 person that acquires ownership or control of a property with the objec-
19 tive purpose of avoiding liability of the person or any other person.
20 (B) the term "fiduciary capacity" means the capacity of a person in
21 holding title to a property, or otherwise having control of or an inter-
22 est in a property, pursuant to the exercise of the responsibilities of
23 the person as a fiduciary.
24 (ii) Nothing in this paragraph affects the rights or immunities or
25 other defenses that are available under law that are applicable to a
26 person subject to this subdivision; or creates any liability for a
27 person or a private right of action against a fiduciary or any other
28 person.
16 12334-02-0
1 (iii) Nothing in this paragraph applies to a person if that person
2 acts in a capacity other than that of a fiduciary or in a beneficiary
3 capacity and in that capacity, directly or indirectly benefits from a
4 trust or fiduciary relationship; or is a beneficiary and a fiduciary
5 with respect to the same fiduciary estate and as a fiduciary, receives
6 benefits that exceed customary or reasonable compensation, and inci-
7 dental benefits, permitted under other applicable law.
8 (iv) This paragraph does not preclude a claim under this chapter
9 against the assets of the estate or trust administered by the fiduciary;
10 or a nonemployee agent or independent contractor retained by a fiduci-
11 ary.
12 d. Such term includes any person owning or operating an inactive
13 hazardous waste disposal site, including an industrial development
14 authority created under the public authorities law, other than one that
15 holds bare legal title to such site; has not participated with any party
16 responsible under law for the remediation of contamination in, on, or
17 from such site to attempt to have such a party avoid its remedial
18 liability; has not exercised any contractual rights it may have or had,
19 if any, under the lease, guarantee, or any other financing agreement
20 pursuant to which the industrial development authority would assume
21 control over the actual operation of the site; and has not taken
22 possession or control of the site. Nothing in this paragraph affects the
23 rights or immunities or other defenses that are available under law that
24 are applicable to an industrial development authority; or creates any
25 liability for a person or a private right of action against an indus-
26 trial development authority or any other person.
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1 § 2. Subdivision 1 of section 27-1303 of the environmental conserva-
2 tion law, as added by chapter 282 of the laws of 1979, is amended to
3 read as follows:
4 1. ÕEachå a. For a period of one year after the effective date of
5 this chapter, each county shall, for the purpose of locating inactive
6 hazardous waste disposal sites as that term was defined on January
7 first, nineteen hundred ninety-nine, survey its jurisdiction to deter-
8 mine the existence and location of suspected inactive hazardous waste
9 disposal sites and shallÕ, within four months of the effective date of
10 this title,å annually thereafter submit a report to the department
11 describing the location of each such suspected site and the reasons for
12 such suspicion.
13 b. Commencing one year after the effective date of the chapter of the
14 laws of two thousand which added this paragraph, each county shall, for
15 the purpose of locating inactive hazardous waste disposal sites, survey
16 its jurisdiction to determine the existence and location of suspected
17 inactive hazardous waste disposal sites and shall annually thereafter
18 submit a report to the department describing the location of each such
19 suspected site and the reasons for such suspicion.
20 § 3. Paragraph b of subdivision 4 of section 27-1305 of the environ-
21 mental conservation law, as amended by chapter 857 of the laws of 1982
22 and the opening paragraph as amended by chapter 649 of the laws of 1988,
23 is amended to read as follows:
24 b. The department shall, as part of the registry, assess and, based
25 upon new information received, reassess by March thirty-first of each
26 year, in cooperation with the department of health, the relative need
27 for action at each site to remedy environmental and health problems
28 resulting from the presence of hazardous wastes at such sites; provided,
18 12334-02-0
1 however, that if at the time of such assessment or reassessment, the
2 department has not placed a site in classification 1 or 2, as described
3 in subparagraphs one and two of this paragraph, and such site is the
4 subject of a voluntary agreement pursuant to title fourteen of this
5 article, obligating the person subject to such agreement to, at a mini-
6 mum, eliminate or mitigate all significant threats to the public health
7 and the environment posed by the hazardous waste pursuant to such agree-
8 ment, the department shall defer its assessment or reassessment during
9 the period such person is in compliance with the terms of such agreement
10 and shall assess or reassess such site upon completion of remediation to
11 the department's satisfaction. In making its assessments, the department
12 shall place every site in one of the following classifications:
13 (1) Causing or presenting an imminent danger of causing irreversible
14 or irreparable damage to the public health or environment--immediate
15 action required;
16 (2) Significant threat to the public health or environment--action
17 required;
18 (3) Does not present a significant threat to the public health or
19 environment--action may be deferred;
20 (4) Site properly closed--requires continued management;
21 (5) Site properly closed, no evidence of present or potential adverse
22 impact--no further action required.
23 § 4. Paragraph b of subdivision 1 of section 27-1313 of the environ-
24 mental conservation law is relettered paragraph c and a new paragraph b
25 is added to read as follows:
26 b. The department shall have the authority to require the development
27 and implementation of a department-approved inactive hazardous waste
28 disposal site remedial program; provided, however, that the department
19 12334-02-0
1 will use the following in determining and implementing such remedial
2 program:
3 (i) The objective of such remedial program shall be the protection of
4 public health and the environment, with the minimum objective being to
5 eliminate or mitigate all significant threats to public health and the
6 environment presented by hazardous waste through proper application of
7 scientific and engineering principles and such remedial program must be
8 selected upon due consideration of the following factors:
9 (A) conformance to standards and criteria that are generally applica-
10 ble, consistently applied, and officially promulgated, that are either
11 directly applicable, or that are not directly applicable but are rele-
12 vant and appropriate, unless good cause exists why conformity should be
13 dispensed with, and with consideration being given to guidance deter-
14 mined, after the exercise of engineering judgment, to be applicable;
15 (B) overall protectiveness of public health and the environment;
16 (C) short-term effectiveness;
17 (D) long-term effectiveness;
18 (E) reduction of toxicity, mobility, and volume with treatment;
19 addressing a hot spot of hazardous waste that permanently and signif-
20 icantly reduces the volume, toxicity, and/or mobility of hazardous waste
21 is to be preferred over a method that does not do so. The hierarchy of
22 remedial technologies shall be as set forth under section 27-0105 of
23 this article;
24 (F) cost;
25 (G) implementability;
26 (H) community acceptance; and
27 (I) land use: the current, intended, and reasonably anticipated future
28 land uses for the property and its surroundings, if ascertainable.
20 12334-02-0
1 (ii) Notwithstanding anything to the contrary in this paragraph, at
2 sites listed pursuant to section 27-1305 of this article as class 1 or
3 2, there shall be a presumption for soil remediation to soil category 2
4 for residential purposes pursuant to section 27-1316 of this title where
5 such remediation is conducted by a person responsible according to
6 applicable principles of statutory or common law liability at a site
7 that is not in active use for industrial or commercial uses and is adja-
8 cent to residential uses. This presumption may be overcome by a written
9 finding by the commissioner after citizen participation consistent with
10 this title.
11 § 5. Paragraph a of subdivision 3 and subdivision 4 of section 27-1313
12 of the environmental conservation law, paragraph a of subdivision 3 as
13 amended by chapter 857 of the laws of 1982 and subdivision 4 as added by
14 chapter 282 of the laws of 1979, are amended to read as follows:
15 a. Whenever the commissioner finds that hazardous wastes at an inac-
16 tive hazardous waste disposal site constitute a significant threat to
17 the environment, he may: (i) order the owner of such site and/or any
18 person responsible for the disposal of hazardous wastes at such site
19 Õ(i)å to develop an inactive hazardous waste disposal site remedial
20 program, subject to the approval of the department, at such site, and
21 Õ(ii)å to implement such program within reasonable time limits specified
22 in the order; or (ii) develop and implement a remedial program for such
23 site after a reasonable, but unsuccessful, attempt to obtain the consent
24 of such owner and/or such person to the issuance of an order to develop
25 and implement such remedial program for such site.
26 Such remedial program developed and implemented pursuant to subpara-
27 graph (i) or (ii) of this paragraph shall provide for a reasonable
28 opportunity for submission of written and oral comments regarding, at a
21 12334-02-0
1 minimum, any proposed remedial program; and in accordance with such
2 regulations as it may promulgate, the department may, subject to appro-
3 priation therefor, make grants of up to fifty thousand dollars per site
4 available to a municipality which is not responsible according to appli-
5 cable principles of statutory or common law liability, a community
6 group, and/or such a municipality and a community group in partnership
7 with each other, and which may be affected by a release or threatened
8 release of hazardous waste disposed at such site in order to obtain
9 technical assistance in interpreting existing information with regard to
10 the nature and extent of the contamination at the site and the develop-
11 ment and implementation of such remedial program. To qualify to receive
12 such assistance, a community group must demonstrate that its membership
13 represents the interests of the community affected by such site and a
14 municipality must demonstrate financial need. The proposed recipient
15 must also contribute a percentage of the total grant, to be determined
16 by the department in accordance with such regulations as it may promul-
17 gate, which may be satisfied through money or the cash value of donated
18 supplies or services. Grants awarded under this section may not be used
19 for the purpose of collecting field sampling data. Provided, however,
20 that in the event the commissioner of health shall issue an order pursu-
21 ant to subdivision three of section one thousand three hundred eighty-
22 nine-b of the public health law, such order of the commissioner of
23 health shall supersede any order issued hereunder.
24 4. a. Any order issued pursuant to subdivision three of this section,
25 other than one issued on consent of the person who is the subject of
26 such order, shall be issued only after notice and the opportunity for a
27 hearing is provided to persons who may be the subject of such order. The
28 commissioner shall determine which persons are responsible pursuant to
22 12334-02-0
1 said subdivision according to applicable principles of statutory or
2 common law liability. Such persons shall be entitled to raise any statu-
3 tory or common law defense at any such hearing and such defenses shall
4 have the same force and effect at such hearings as they would have in a
5 court of law. In the event a hearing is held, no order shall be issued
6 by the commissioner under subdivision three of this section until a
7 final decision has been rendered. Any such order shall be reviewable
8 pursuant to article seventy-eight of the civil practice law and rules
9 within thirty days after service of such order. The commissioner may
10 request the participation of the attorney general in such hearings.
11 b. There shall be no liability under this section for a person other-
12 wise liable who can establish by a preponderance of the evidence that
13 the significant threat to the environment attributable to hazardous
14 waste disposed at an inactive hazardous waste disposal site was caused
15 solely by an act of God; an act of war; or an act or omission of a third
16 party other than an employee or agent of such person, or than one whose
17 act or omission occurs in connection with a contractual relationship
18 existing directly or indirectly, with such person (except where the sole
19 contractual arrangement arises from a published tariff and acceptance
20 for carriage by a common carrier or rail), if such person establishes by
21 a preponderance of the evidence that such person exercised due care with
22 respect to the hazardous waste concerned, taking into consideration the
23 characteristics of such hazardous waste, in light of all relevant facts
24 and circumstances, and took precautions against foreseeable acts or
25 omissions of any such third party and the consequences that could fore-
26 seeably result from such acts or omissions; or any combination of them.
27 For purposes of this paragraph, the term, "contractual relationship,"
28 includes, but is not limited to, land contracts, deeds or other instru-
23 12334-02-0
1 ments transferring title or possession, unless the real property on
2 which the site concerned is located was acquired by such person after
3 the disposal or placement of the hazardous waste on, in, or at such
4 site, and such person establishes one or more of the circumstances
5 described in subparagraph (i), (ii) or (iii) of this paragraph by a
6 preponderance of the evidence:
7 (i) At the time such person acquired the site such person did not know
8 and has no reason to know that any hazardous waste which is the subject
9 of the significant threat determination was disposed of on, in, or at
10 the site. To establish that such person has no reason to know, such
11 person must have undertaken, at the time of acquisition, all appropriate
12 inquiry into the previous ownership and uses of the property consistent
13 with good commercial or customary practice in an effort to minimize
14 liability. For purposes of the preceding sentence, the commissioner
15 shall take into account any specialized knowledge or experience on the
16 part of such person, the relationship of the purchase price to the value
17 of the property if uncontaminated, commonly known or reasonably ascer-
18 tainable information about the property, the obviousness of the presence
19 or likely presence of contamination at the property, and the ability to
20 detect such contamination by appropriate inspection; or
21 (ii) Such person is a government entity which acquired the site by
22 escheat, or though any other involuntary transfer or acquisition; or
23 (iii) Such person acquired the site by inheritance or bequest, and
24 that such person exercised due care with respect to the hazardous waste
25 concerned, taking into consideration the characteristics of such hazard-
26 ous waste, in light of all relevant facts and circumstances and took
27 precautions against foreseeable acts or omissions of any such third
24 12334-02-0
1 party and the consequences that could foreseeably result from such acts
2 or omissions.
3 Nothing in this paragraph shall diminish the liability of any previous
4 owner or operator of the site who would otherwise be liable under this
5 section. Notwithstanding this paragraph, if such person obtained actual
6 knowledge of the release or threatened release of a hazardous waste at
7 the site when such person owned the site and then subsequently trans-
8 ferred ownership of the site to another person without disclosing such
9 knowledge, such person shall be treated as a person responsible for the
10 disposal of hazardous waste at the site and no defense under this para-
11 graph shall be available to such person. Nothing in this paragraph shall
12 affect the liability under this section of a person who, by any act or
13 omission, caused or contributed to the release or threatened release of
14 a hazardous waste which is the subject of such proceeding relating to
15 such site.
16 § 6. Section 27-1313 of the environmental conservation law is amended
17 by adding three new subdivisions 10, 11 and 12 to read as follows:
18 10. a. If, after the commissioner makes the finding described in para-
19 graph a of subdivision three of this section and after expending reason-
20 able efforts, the department is unable to obtain a voluntary commitment
21 by the owner of an inactive hazardous waste disposal site and/or any
22 person responsible for the disposal of hazardous wastes at such site (i)
23 to develop an inactive hazardous waste disposal site remedial program,
24 subject to the approval of the department, at such site, and/or (ii) to
25 implement such program within reasonable time limits and undertake such
26 development and/or implementation, the department may undertake such
27 development or implementation, in which case, subject to paragraphs b
28 and c of this subdivision, there is hereby created a right of the state
25 12334-02-0
1 to recover in any court of competent jurisdiction from such owner and/or
2 responsible person an amount equal to all costs, both direct and indi-
3 rect, respecting such site that the state shall have incurred plus a
4 penalty in an amount no less than one and no more than three times all
5 such costs, both direct and indirect, the state shall have incurred in
6 carrying out same. The department shall not be entitled to such a penal-
7 ty unless it proves by a preponderance of the evidence that it has
8 expended reasonable efforts as set forth in this paragraph. For purposes
9 of this paragraph, the department has expended "reasonable efforts" to
10 obtain such a voluntary commitment if such owner and/or responsible
11 person is informed in writing of the department's offer to negotiate a
12 voluntary commitment and such owner and/or responsible person does not
13 respond to the department's offer; or responds by refusing to negotiate;
14 or starts to negotiate and thereafter discontinues same; or acts in bad
15 faith in the negotiation process and continues not to make such commit-
16 ment after receiving a final written notification from the department
17 that apprizes such owner and/or responsible person that failure to enter
18 into the voluntary commitment will result in the state's recovery of all
19 costs, both direct and indirect, respecting such site that the state
20 shall have incurred plus a penalty in an amount up to three times, but
21 no less than one times, all costs, both direct and indirect, the state
22 shall have incurred in carrying out same.
23 b. Notwithstanding paragraph a of this subdivision, such owner and/or
24 responsible person shall only be liable to the state for an amount equal
25 to all costs, both direct and indirect, the state shall have incurred
26 respecting such site if such owner and/or responsible person can estab-
27 lish by a preponderance of the evidence that for good cause shown, it
26 12334-02-0
1 failed and refused to enter into such voluntary commitment with the
2 department.
3 c. Two or more owners and/or responsible persons described in para-
4 graph a of subdivision three of this section may claim contribution
5 among themselves in an action brought in a court of competent jurisdic-
6 tion, and the amount of contribution to which any of them is entitled
7 shall be equal to the excess paid by that responsible person over and
8 above such responsible person's equitable share of costs. However, the
9 amount of contribution to which any of them is entitled shall be three
10 times the excess paid by that responsible person over and above such
11 responsible person's equitable share of costs associated with the carry-
12 ing out of such person's obligations under the voluntary commitment with
13 the department described in paragraph a of this subdivision if one-third
14 of such award shall be paid to the remedial program transfer fund under
15 section ninety-seven-uuu of the state finance law and the court finds
16 that:
17 (i) the contribution defendant is a responsible person for such site;
18 (ii) the contribution plaintiff gave thirty days notice to the
19 contribution defendant of the plaintiff's intention to seek contribution
20 in the event that the contribution defendant declined to participate in
21 the implementation of the contribution plaintiff's voluntary commitment;
22 (iii) the contribution defendant failed or refused to enter into a
23 settlement agreement with the contribution plaintiff; and
24 (iv) the contribution plaintiff entered into a voluntary commitment
25 with the department to remediate the site.
26 d. A person misidentified by the department as an owner and/or respon-
27 sible person but which entered into a voluntary commitment, other than a
28 voluntary commitment pursuant to title fourteen of this article, with
27 12334-02-0
1 the department may recover from the remedial program transfer fund
2 established by section ninety-seven-uuu of the state finance law the
3 costs it shall have incurred that are reasonable in light of the action
4 agreed to be undertaken.
5 e. All monies collected by the state pursuant to this section shall be
6 deposited into the remedial program transfer fund established by section
7 ninety-seven-uuu of the state finance law.
8 11. a. Any person subject to an order issued pursuant to this section
9 or any person that shall have entered into a voluntary agreement with
10 the department under title fourteen of this article may seek in a court
11 of competent jurisdiction contribution from any other person who is a
12 person responsible for the disposal of hazardous waste at an inactive
13 hazardous waste disposal site or at an affected site, as defined by
14 section 27-1401 of this article, for costs incurred in implementing a
15 department-approved inactive hazardous waste disposal site remedial
16 program or in implementing a voluntary agreement. Nothing in this subdi-
17 vision shall be construed to limit, affect, or impair any protections
18 from or limitations on liability provided by the department or other-
19 wise.
20 b. If the costs of measures undertaken at an inactive hazardous waste
21 disposal site or at an affected site for the purpose of addressing
22 hazardous waste or petroleum are increased because of design or imple-
23 mentation considerations or alterations made for the purpose of accommo-
24 dating, effecting or advancing the redevelopment or reuse of such site,
25 the amount of such increase shall not be recoverable under paragraph a
26 of this subdivision. Examples of design or implementation considerations
27 or alterations that may be made for the purpose of accommodating,
28 effecting or advancing the redevelopment or reuse of a site include, but
28 12334-02-0
1 are not limited to, such measures as altering the type, amount, quality
2 or aesthetic character of materials used in construction from the type,
3 amount, quality or aesthetic character of materials required to imple-
4 ment a remedial program or voluntary agreement at such site.
5 c. Any other provision of this subdivision notwithstanding, no costs
6 will be deemed unrecoverable under paragraph a of this subdivision
7 because they were expended to achieve a higher level of remediation at
8 an inactive hazardous waste disposal site or affected site than the
9 level required by the department.
10 d. In any action or proceeding brought pursuant to this subdivision,
11 the defendant shall be entitled to raise any statutory or common law
12 defense that he may have.
13 e. In resolving contribution claims brought pursuant to this subdivi-
14 sion, the court may allocate costs among liable parties using such equi-
15 table factors as the court determines are appropriate.
16 f. No action for contribution pursuant to this provision may be
17 commenced more than six years after the later of:
18 (i) the date of judgment in any action under any law, state or feder-
19 al, respecting the costs that are the subject of the claim for contrib-
20 ution; or
21 (ii) the date of the issuance of an order or agreement by the depart-
22 ment respecting the costs that are the subject of the claim for contrib-
23 ution or respecting activities the conduct of which caused the expendi-
24 ture of the costs that are the subject of the claim for contribution.
25 g. The court shall enter a declaratory judgment on liability for costs
26 that will be binding on any subsequent action or actions to recover
27 costs incurred in implementing a department-approved inactive hazardous
29 12334-02-0
1 waste disposal site remedial program, or in implementing a voluntary
2 agreement under title fourteen of this article.
3 h. Nothing contained in this subdivision shall affect any rights to
4 recovery of costs to which any party may be entitled by contract or
5 otherwise under law.
6 12. a. Definition. For purposes of this subdivision, the term "natural
7 resources" means land, fish, wildlife, biota, air, water, ground water,
8 drinking water supplies, and other such resources belonging to, managed
9 by, controlled by, or pertaining to the state of New York.
10 b. Liability. Any owner of an inactive hazardous waste disposal site,
11 and any person responsible for the disposal of hazardous wastes at such
12 site, who shall be liable according to applicable principles of statuto-
13 ry or common law liability and subject to any statutory or common law
14 defense, shall be liable to the state of New York for damages for injury
15 to, destruction of, loss of, or loss of use of natural resources,
16 including the reasonable costs of assessing such injury, destruction,
17 loss, or loss of use resulting from the disposal of hazardous waste at
18 such inactive hazardous waste disposal site. Provided, that there shall
19 be no such liability where the owner or other person responsible demon-
20 strates that the injury to, destruction of, loss of, or loss of use of
21 natural resources complained of were specifically identified as an irre-
22 versible and irretrievable commitment of natural resources in an envi-
23 ronmental impact statement, or other comparable environmental analysis,
24 and the decision to grant a permit or license authorizes such commitment
25 of natural resources, and the site was otherwise operating within the
26 terms of its permit or license.
27 c. Damages. The attorney general shall, at the request of the commis-
28 sioner as trustee of such natural resources, commence a civil action to
30 12334-02-0
1 recover such damages on behalf of the people of the state of New York.
2 All damages recovered in any such action shall be paid over to the
3 commissioner for deposit to the credit of the remedial program transfer
4 fund established pursuant to section ninety-seven-uuu of the state
5 finance law. Any assessment of damages to natural resources for
6 purposes of this subdivision made by the commissioner in accordance with
7 such regulations as may be promulgated under section 27-1315 of this
8 title shall have the force and effect of a rebuttable presumption on
9 behalf of the commissioner in any such action.
10 § 7. The environmental conservation law is amended by adding a new
11 section 27-1314 to read as follows:
12 § 27-1314. Covenant not to sue.
13 1. After the successful implementation of an order on consent which
14 provides for the development and implementation of an inactive hazardous
15 waste disposal site remedial program, the person subject to the order
16 shall submit to the department a written certification prepared by an
17 individual licensed or otherwise authorized in accordance with article
18 one hundred forty-five of the education law to practice the profession
19 of engineering who shall have been in charge of the implementation of
20 such remediation undertaken pursuant to such order substantiating that,
21 at a minimum, such remedial activities satisfied the remedial require-
22 ments for the site.
23 2. Upon the department's receipt of such certification, the department
24 shall review the final engineering report and the data submitted pursu-
25 ant to the order as well as any other relevant information regarding the
26 site. The department shall provide the person, upon its satisfaction
27 that the remedial requirements for the site have been achieved, with a
28 covenant not to sue, binding upon the state, for any liability, includ-
31 12334-02-0
1 ing any future liability or claim for the further remediation of hazard-
2 ous waste at or from the site that was the subject of such order except
3 that a person responsible for the site's remediation as of the effective
4 date of the consent order pursuant to applicable principles of statutory
5 and common law liability shall not receive a release for natural
6 resource damages. Additionally, the state nonetheless shall reserve all
7 of its rights concerning, and such covenant shall not extend to, any
8 further investigation or remedial action the department deems necessary,
9 as a result of:
10 a. a failure to comply with the terms and conditions of the order;
11 b. a fraudulent demonstration that the cleanup levels identified in
12 the order were reached;
13 c. a release or threatened release at the site subsequent to the
14 effective date of the order;
15 d. a change in the site's use subsequent to the effective date of the
16 order to a use requiring a lower level of residual contamination unless
17 additional remedial activities are undertaken which shall meet the stan-
18 dard for protection of public health and the environment that applies to
19 remedial actions for such use under this title;
20 e. information received, in whole or in part, after the department's
21 execution of such order, which indicates that the remediation performed,
22 or to be performed, under such order will not be, or is not, protective
23 of public health or the environment for such use of the site; or
24 f. the department's determination that the remedy implemented is not
25 protective of public health or the environment.
26 3. The reservation contained in paragraph d of subdivision two of this
27 section shall not be reserved in the event that a person remediates soil
32 12334-02-0
1 contamination to soil category 1, as that term is described in paragraph
2 a of subdivision three of section 27-1316 of this title.
3 4. The reservation contained in paragraph f of subdivision two of this
4 section shall not be reserved for a person who is not responsible for
5 the remediation of the site pursuant to applicable principles of statu-
6 tory or common law liability, or who is liable solely as a result of
7 ownership or operation of the affected site subsequent to the disposal
8 of hazardous waste or the discharge of petroleum, in the event that such
9 person remediates soil contamination to soil category 1, as that term is
10 described in paragraph a of subdivision three of section 27-1316 of this
11 title.
12 5. The covenant not to sue issued pursuant to this section shall
13 extend to the person's successors or assigns through acquisition of
14 title to the site to which the covenant applies and to a person who
15 develops or otherwise occupies the site, provided that such persons act
16 in good faith to adhere to the requirements of such order on consent.
17 However, such covenant does not extend, and cannot be transferred, to a
18 person who is responsible as of the date of the issuance of an order on
19 consent for the remediation of hazardous waste at the site according to
20 applicable principles of statutory or common law liability unless that
21 person was party to the order on which such covenant was based. A notice
22 of the order containing such covenant shall be recorded and indexed as a
23 declaration of covenant in the office of the recording officer for the
24 county or counties where such site is located in the manner prescribed
25 by article nine of the real property law within thirty days of signing
26 the order if the person is an owner or within thirty days of acquiring
27 title to the site if the person is a prospective purchaser.
33 12334-02-0
1 6. The provisions of this title shall not affect an action or a claim,
2 including a claim for contribution, that a person who implements or
3 completes an order on consent executed by such person and the department
4 providing for the development and implementation of an inactive hazard-
5 ous waste disposal site remedial program pursuant to this title has or
6 may have against a third party.
7 7. Nothing in this subdivision shall be construed to affect either the
8 liability of any person with respect to any costs, damages, or investi-
9 gative or remedial activities that are not included in the order; or the
10 department's authority to maintain an action or proceeding against any
11 person who is not subject to the order.
12 8. A person who has settled its liability to the department under this
13 subdivision shall not be liable for claims for contribution regarding
14 matters addressed in the order. Such settlement does not discharge any
15 of the persons responsible under law to investigate and remediate the
16 hazardous waste unless its terms so provide, but it reduces the poten-
17 tial liability of the others by the amount of the settlement.
18 9. Nothing in this subdivision shall be construed to affect the
19 authority of the department to reach settlement with other persons
20 consistent with its authority under applicable law.
21 § 8. Section 27-1315 of the environmental conservation law, as amended
22 by chapter 857 of the laws of 1982, is amended to read as follows:
23 § 27-1315. Rules and regulations.
24 1. The commissioner shall have the power to promulgate rules and regu-
25 lations necessary and appropriate to carry out the purposes of this
26 title. Any such regulations shall include provisions which establish the
27 procedures for a hearing pursuant to subdivision four of section 27-1313
28 of this Õarticleå title. Any such provisions shall ensure a division of
34 12334-02-0
1 functions between the commissioner, the staff who present the case and
2 any hearing officers appointed. In addition, any such regulations shall
3 set forth findings to be based on a factual record which must be made
4 before the commissioner determines that a significant threat to the
5 environment exists. Rules and regulations promulgated pursuant to this
6 title shall be subject to the approval of a board which shall be known
7 as the inactive hazardous waste disposal site regulation review board
8 which shall have the same members, rules and procedures as the state
9 environmental board.
10 2. Such rules and regulations of the department as shall be in effect
11 on the effective date of the chapter of the laws of two thousand which
12 added this subdivision that shall have been promulgated to carry out the
13 purposes of this title shall be deemed to be revised, as of the effec-
14 tive date of the chapter of the laws of two thousand which added this
15 subdivision, to include the definition of "hazardous waste" as it
16 appears in section 27-1301 of this title.
17 § 9. Section 27-1316 of the environmental conservation law is REPEALED
18 and a new section 27-1316 is added to read as follows:
19 § 27-1316. Soil cleanup levels.
20 1. The commissioner shall establish a technical advisory panel. The
21 membership of the panel shall be appointed by the commissioner and the
22 commissioner of health and shall include representation from the public
23 health advocacy community, the environmental advocacy community, the
24 business community, municipalities, and others as deemed appropriate by
25 the commissioner. The commissioner and the commissioner of the depart-
26 ment of health shall be co-chairs of such panel. None of the appointed
27 members shall be officers or employees of any state department or agen-
28 cy. Each member shall have experience in risk assessment methodologies,
35 12334-02-0
1 remediation technologies, or other appropriate scientific, technical, or
2 other relevant expertise in regard to the remediation of contaminated
3 sites. All meetings of the technical advisory panel shall be open to the
4 public. The recommendations of the technical advisory panel shall be
5 subject to public comment.
6 2. The panel shall provide advice on the development of, and recom-
7 mend, soil clean-up levels which provide for a multi-category approach
8 for the remediation of soil contamination, as set forth in subdivision
9 three of this section, at inactive hazardous waste disposal sites, sites
10 subject to a voluntary agreement under title fourteen of this article,
11 and cleanup and removal actions under article twelve of the navigation
12 law.
13 3. In the development of soil cleanup levels, the technical advisory
14 panel shall consider the following as the basis for the soil cleanup
15 levels: the cancer and non-cancer human health effects; background
16 concentrations; exposure to the same contaminant from other routes; the
17 strength of the toxicological data base; sensitive populations, includ-
18 ing children; protection of groundwater for its classified use, surface
19 water, air (including indoor air); and protection of ecological
20 resources, including fish and wildlife. In addition, the cumulative
21 effects of contaminants and the possibility that some contaminants may
22 act through similar toxicological mechanisms shall be considered. Where
23 toxicological, exposure or other pertinent data are inadequate or non-
24 existent for a specific chemical, the experiences under the existing
25 state remedial programs shall be considered. The goals for the level of
26 risk associated with soil cleanup levels for individual contaminants are
27 an excess cancer risk of one in one million for carcinogenic end points
36 12334-02-0
1 and a hazard index of one for non-cancer end points for each soil cate-
2 gory.
3 a. Soil category 1: cleanup levels that will be protective of public
4 health and the environment that would allow the site to be used for any
5 purpose without restriction and without reliance on institutional
6 controls or engineering controls.
7 b. Soil category 2: cleanup levels that will be protective of public
8 health and the environment for the site's current, intended, or reason-
9 ably anticipated residential, commercial, or industrial use and with
10 consideration of use of institutional or engineering controls to reach
11 such levels.
12 c. Soil category 3: a process to determine cleanup levels that will be
13 protective of public health and the environment using site specific data
14 for the site's current, intended or reasonably anticipated residential,
15 commercial, or industrial use.
16 4. The technical advisory panel shall submit its recommendations with-
17 in eighteen months from the date of the first meeting of such technical
18 advisory panel.
19 5. After the close of the public comment period on the recommendations
20 of the technical advisory panel, the commissioner and the commissioner
21 of health, where appropriate, shall promulgate regulations setting forth
22 the soil cleanup levels, taking into consideration such recommendations
23 and any other information deemed relevant by the department and the
24 department of health.
25 6. The department shall determine cleanup levels for contaminants in
26 the soil using site specific data until the commissioner promulgates
27 rules and regulations pursuant to this section and thereafter shall use
37 12334-02-0
1 the soil cleanup levels set forth in such rules and regulations, as may
2 be amended.
3 § 10. Article 27 of the environmental conservation law is amended by
4 adding a new title 14 to read as follows:
5 TITLE 14
6 VOLUNTARY REMEDIATION ACT
7 Section 27-1401. Definitions.
8 27-1403. Request for participation.
9 27-1405. Determination of eligibility.
10 27-1407. Voluntary agreement requirements.
11 27-1409. Citizen participation/public notification.
12 27-1411. Covenant not to sue.
13 27-1413. Remediation certificate.
14 27-1415. Payment of state costs.
15 § 27-1401. Definitions.
16 1. "Affected person" means a person whose request to participate in
17 the voluntary remediation program under this title has been accepted by
18 the department for consideration.
19 2. "Affected site" means an area or structure where hazardous waste
20 and/or petroleum has been deposited, disposed of, placed, or otherwise
21 come to be located that is not a site on the National Priorities List
22 established under authority of 42 U.S.C.A. �, nor subject to
23 enforcement action, nor subject to a permit issued pursuant to titles
24 seven or nine of this article.
25 3. "Enforcement action" means:
26 a. action under this article, under article seventy-one of this chap-
27 ter, under article twelve of the navigation law, or under the criminal
28 procedure law, the purpose of which includes requiring the subject of
38 12334-02-0
1 such action to remove or remediate hazardous waste or petroleum. An
2 enforcement action as defined in this paragraph shall commence against a
3 particular person upon commencement of enforcement under article seven-
4 ty-one of this chapter, or upon issuance of an accusatory instrument as
5 that term is defined in section 1.20 of the criminal procedure law; or
6 b. action under federal law the purpose of which includes requiring
7 the subject of such action to remove or remediate hazardous waste or
8 petroleum. An enforcement action as defined in this paragraph shall
9 commence against a particular person upon issuance of any notification
10 that requires the removal or remediation of hazardous waste or petroleum
11 that is issued pursuant to federal law.
12 4. "Hazardous waste" means hazardous waste as defined in section
13 27-1301 of this article.
14 5. "Person" means an individual, trust, firm, joint stock company,
15 corporation, partnership, association, state, municipality, commission,
16 political subdivision of a state, public benefit corporation or any
17 interstate body.
18 6. "Petroleum" means petroleum as defined in section one hundred
19 seventy-two of the navigation law, even if appearing on the list promul-
20 gated pursuant to section 37-0103 of this chapter.
21 7. "Preliminary environmental assessment" means a written report
22 submitted as part of a request to participate in the voluntary remedi-
23 ation program within the department under this title which shall contain
24 the information described in subdivision two of section 27-1403 of this
25 title.
26 8. "Proposed voluntary agreement" means an agreement executed in
27 accordance with this title by an affected person but not by the depart-
28 ment concerning the remediation of an affected site.
39 12334-02-0
1 9. "Remediation" or "remedial action" means actions taken to address a
2 release or threatened release of hazardous waste into the environment,
3 and may include the investigation of such release or threatened release
4 in order to determine how such release or threatened release should be
5 addressed.
6 10. "State costs" means all those costs, obligations, commitments, or
7 undertakings associated with the administration or oversight responsi-
8 bilities of the department, the department of health, or any other state
9 agency attributable to carrying out the investigation and/or remediation
10 of an affected site under a voluntary agreement, as described in this
11 title. Such expenses shall include administrative expenses (wages and
12 salaries), fringe benefits, overhead, supplies and materials, equipment,
13 travel and utilities.
14 11. "Voluntary agreement" means an agreement executed in accordance
15 with this title by an affected person and the department concerning the
16 investigation of the nature and extent of actual, threatened, or
17 suspected hazardous waste and/or petroleum present at or from an
18 affected site; an agreement concerning the remediation of an affected
19 site; or an agreement concerning both the investigation and remediation
20 of an affected site.
21 § 27-1403. Request for participation.
22 1. A person who desires to participate in the voluntary remediation
23 program under this title concerning a particular affected site shall
24 submit a request to the department.
25 2. Such request shall be on a form provided by the department and
26 shall contain general information concerning such person and such
27 person's relation to the affected site, a description of the affected
40 12334-02-0
1 site, and a copy of a preliminary environmental assessment concerning
2 such affected site that shall include, but not be limited to:
3 a. a review of any relevant prior environmental studies, property
4 assessments, or geological studies of such affected site;
5 b. a legal description of such affected site;
6 c. the physical characteristics of such affected site;
7 d. the compliance history of any operations at such affected site to
8 the extent the history is known by such person;
9 e. a review of any existing aerial photographs of such affected site
10 that may indicate its prior uses;
11 f. if possible, interviews with any employee who may have knowledge of
12 environmental conditions at such affected site;
13 g. an inspection of such affected site sufficient to evaluate site
14 conditions and remedial needs;
15 h. an identification of the past, current, intended, and reasonably
16 anticipated future uses of such affected site; and
17 i. any other relevant information concerning the potential for human
18 and environmental exposures to contamination at such affected site.
19 3. The department shall determine whether such affected site should be
20 included in the registry of inactive hazardous waste disposal sites as
21 required by section 27-1305 of this article. If the department deter-
22 mines that such affected site is eligible for inclusion in the registry
23 as a classification 1 or 2 site, and if the affected person commits to
24 enter into a voluntary agreement pursuant to this title which requires
25 the elimination or mitigation of all significant threats to public
26 health and the environment posed by the hazardous waste, the department
27 shall defer including the affected site in the registry and shall
41 12334-02-0
1 continue to defer such site for so long as the affected person is in
2 compliance with the terms of a voluntary agreement.
3 § 27-1405. Determination of eligibility.
4 1. The department shall use its best efforts to notify the person
5 requesting participation in the voluntary remediation program within
6 sixty days after receiving such request pursuant to section 27-1403 of
7 this title that such request is either accepted or rejected.
8 2. The department shall reject such request if:
9 a. the request is submitted by the owner and/or any person responsible
10 for the disposal of hazardous waste according to applicable principles
11 of statutory or common law liability at an affected site which is listed
12 in the registry of inactive hazardous waste disposal sites under section
13 27-1305 of this article and given a classification as described in
14 subparagraph one or two of paragraph b of subdivision four of such
15 section;
16 b. the request does not contain the information required pursuant to
17 subdivision two of section 27-1403 of this title in sufficient detail to
18 assess the conditions of the affected site;
19 c. the department determines that there is an enforcement action as
20 defined under this title pending against the person requesting partic-
21 ipation in the voluntary remediation program; or
22 d. the department, based on the preliminary environmental assessment
23 and/or other information the department possesses, determines that the
24 request is for a site which does not meet the definition of "affected
25 site" pursuant to section 27-1401 of this title.
26 3. If such request is rejected pursuant to paragraph b of subdivision
27 two of this section, the department shall provide to the person making
42 12334-02-0
1 such request, in writing, a list of the additional information required
2 for the department to determine eligibility under this title.
3 § 27-1407. Voluntary agreement requirements.
4 1. a. The voluntary agreement shall include, but not be limited to,
5 the following provisions:
6 (i) one requiring such affected person to pay for state costs
7 provided, however, that with respect to an affected site which the
8 department has determined constitutes a significant threat to public
9 health or the environment, the department may include a provision
10 requiring the affected person to provide a technical assistance grant,
11 as described in subdivision three of section 27-1313 of this article and
12 under the conditions described therein, to an eligible party in accord-
13 ance with procedures established under such program, with the cost of
14 such a grant serving as an offset against such state costs;
15 (ii) one resolving disputes arising from the evaluation, analysis, and
16 oversight of the implementation of the workplan as described in para-
17 graph b of this subdivision;
18 (iii) one requiring an indemnification provision which holds the state
19 harmless from any claim, suit, action, and cost of every name and
20 description arising out of or resulting from the fulfillment or
21 attempted fulfillment of the agreement except for those claims, suits,
22 actions, and costs arising from the state's negligence or willful or
23 intentional misconduct;
24 (iv) one authorizing the department to terminate a voluntary agreement
25 at any time during the implementation of such agreement if the affected
26 person implementing such agreement fails to comply substantially with
27 such agreement's terms and conditions;
43 12334-02-0
1 (v) one exempting such affected person from the requirement to obtain
2 any permit issuable by the department for any activity satisfying the
3 following criteria:
4 (1) the activity is conducted on the affected site or on different
5 premises that are under common control or are contiguous to or phys-
6 ically connected with the affected site and the activity manages exclu-
7 sively hazardous waste or petroleum from such affected site,
8 (2) the activity satisfies all substantive technical requirements
9 applicable to like activity conducted pursuant to a permit as determined
10 by the department, and
11 (3) the activity is a component of the remediation conducted under
12 such voluntary remediation agreement;
13 (vi) one stating that the department shall not consider such affected
14 person an operator of such affected site based solely upon execution or
15 implementation of such agreement for purposes of remediation liability;
16 and
17 (vii) the inclusion of other conditions considered necessary by the
18 department or the affected person concerning the effective and efficient
19 implementation of this title, and, where the affected person is respon-
20 sible for the disposal of hazardous waste or the discharge of petroleum
21 according to applicable principles of statutory or common law liability,
22 unless such liability arises solely from ownership or operation of the
23 affected site subsequent to the disposal of hazardous waste or the
24 discharge of petroleum, the department shall include provisions relating
25 to recovery of state costs incurred before the effective date of such
26 voluntary agreement.
27 b. The proposed voluntary agreement shall also contain a workplan that
28 shall include, but not be limited to, the following requirements:
44 12334-02-0
1 (i) a work plan for the investigation of the affected site shall
2 provide for the investigation and characterization of the nature and
3 extent of the contamination within the boundaries of the real property
4 where the contamination was released into the environment, provided,
5 however, that an affected person that is responsible for the disposal of
6 hazardous waste or the discharge of petroleum under applicable princi-
7 ples of statutory or common law liability, unless such liability arises
8 solely from ownership or operation of the affected site subsequent to
9 the disposal of hazardous waste or the discharge of petroleum, shall
10 also be required to investigate and characterize the nature and extent
11 of contamination emanating from such real property. An affected person
12 not responsible for the disposal of hazardous waste or the discharge of
13 petroleum under applicable principles of statutory or common law liabil-
14 ity, or a person that is liable solely as a result of ownership or oper-
15 ation of the affected site subsequent to the disposal of hazardous waste
16 or the discharge of petroleum, must perform an exposure assessment
17 consisting of an evaluation of the pathways by which a receptor could be
18 exposed to such contamination, in order to determine the risk to public
19 health and the environment from any contamination emanating from such
20 real property;
21 (ii) a work plan for the remediation of the affected site shall
22 provide for the development and implementation of a remedial program for
23 such contamination within the boundaries of such affected site, provided
24 however, that an affected person that is responsible for the disposal of
25 hazardous waste or the discharge of petroleum under applicable princi-
26 ples of statutory or common law liability, except an affected person
27 whose liability arises solely from ownership or operation of the
28 affected site subsequent to the disposal of hazardous waste or the
45 12334-02-0
1 discharge of petroleum, shall also be required to provide in such work-
2 plan for the development and implementation of a remedial program for
3 contamination related to the affected site but located outside the boun-
4 daries of the affected site. The objective of any such remedial program
5 shall be the protection of public health and the environment, with the
6 minimum objective being to eliminate or mitigate all significant threats
7 to public health and the environment presented by the hazardous waste or
8 petroleum through proper application of scientific and engineering prin-
9 ciples and such remedial program must be selected upon due consideration
10 of the evaluation factors set forth in paragraph b of subdivision one of
11 section 27-1313 of this article. The work plan must contain an analysis
12 that such proposed remedy was assessed using such evaluation factors.
13 The workplan must provide that the soil cleanup levels be consistent
14 with the soil cleanup levels set forth in rules and regulations, as
15 amended, promulgated pursuant to section 27-1315 and subdivision five of
16 section 27-1316 of this article; until such regulations are promulgated,
17 the department shall determine cleanup levels for contaminants in soil
18 using site specific data. The department may approve a work plan that
19 includes institutional controls and/or engineering controls as compo-
20 nents of a remedial program but only if the work plan requires the owner
21 of such real property to annually submit to the department a written
22 statement certifying under penalty of perjury that the institutional
23 controls and engineering controls employed to remediate such contam-
24 ination are unchanged from the previous certification and that nothing
25 has occurred that would constitute a violation of any such controls, and
26 gives access to such real property reasonable under the circumstances to
27 evaluate continued maintenance of such controls. The department shall
28 establish and maintain a database with relevant information on such
46 12334-02-0
1 controls and shall make such information available for public inspection
2 at the office of the county clerk or register for each county and at the
3 office of the town clerk for each town in Suffolk and Nassau counties;
4 and
5 (iii) at any time during the evaluation of a proposed workplan, the
6 department may request that an affected person submit additional or
7 corrected information to the department. An affected person shall either
8 comply with the request or withdraw such proposed workplan from consid-
9 eration.
10 2. For a voluntary agreement requiring remediation, the affected
11 person shall cause a final remediation report to be prepared and submit-
12 ted to the department that identifies the remediation activities
13 completed pursuant to the voluntary agreement. Such final remediation
14 report, at a minimum, shall demonstrate, as appropriate, that:
15 a. there is no contamination by hazardous waste or petroleum of the
16 soil, sediment, surface water, or groundwater on or underlying such
17 affected site in concentrations exceeding the requirements for remedi-
18 ation set forth in the department-approved work plan for remediation of
19 such affected site;
20 b. if remediation was conducted in accordance with such voluntary
21 agreement and such agreement provides for a timetable by which the
22 requirements for remediation set forth in the department-approved work
23 plan for remediation of such affected site will be achieved, the data
24 submitted to the department demonstrate that such applicable remediation
25 requirements will be achieved in accordance with the timeframes estab-
26 lished in such agreement;
27 c. if the remediation relies on restrictions on the use of such
28 affected site to achieve the requirements for remediation set forth in
47 12334-02-0
1 the department-approved work plan for remediation of such affected site,
2 such affected person has caused such use restrictions to be recorded and
3 indexed as a declaration of restrictions in the office of the recording
4 officer for the county or counties where such affected site is located
5 in the manner prescribed by article nine of the real property law and
6 documented such recordation and indexing. Such declaration of
7 restriction shall contain the name of the record owner of such affected
8 site along with tax map parcel number or the section, block, and lot
9 number of such affected site; or
10 d. if the remediation was conducted in accordance with such voluntary
11 agreement and such voluntary agreement requires engineering controls
12 that contain or control the contamination at or from such affected site,
13 the department has approved a plan submitted by such affected person for
14 the proper operation and maintenance of those engineering controls.
15 3. If at an affected site being remediated by an affected person who
16 is not responsible for the disposal of hazardous waste or the discharge
17 of petroleum according to applicable principles of statutory or common
18 law liability, or who is liable solely as a result of ownership or oper-
19 ation of the affected site subsequent to the disposal of hazardous waste
20 or the discharge of petroleum, the department determines that hazardous
21 wastes or petroleum at the affected site have migrated from the site and
22 pose a significant threat to public health or the environment due to
23 such migration, the department shall require the person responsible
24 according to applicable principles of statutory or common law liability
25 to conduct the off-site remediation, provided however, the department
26 shall not require an affected person whose liability arises solely from
27 ownership or operation at the affected site subsequent to the disposal
28 of hazardous waste or the discharge of petroleum to conduct such off-
48 12334-02-0
1 site remediation. If such responsible person fails to undertake such
2 off-site remediation, the state is authorized to use moneys from the
3 remedial program transfer fund established pursuant to section ninety-
4 seven-uuu of the state finance law to remediate such contamination. The
5 state's costs incurred to remediate such off-site contamination shall be
6 recoverable from the responsible party or parties.
7 4. The commissioner shall use best efforts to approve, modify or
8 reject a proposed voluntary agreement for remediation within sixty days
9 after the end of the comment period or the close of the public meeting
10 provided by section 27-1409 of this title, whichever is later, and after
11 evaluating any comments received.
12 a. If the commissioner rejects such proposed voluntary agreement, the
13 commissioner shall notify the affected person and specify the reasons
14 for rejecting same.
15 b. If the commissioner approves or modifies such proposed voluntary
16 agreement, the commissioner shall notify the affected person, in writ-
17 ing, that the proposed voluntary agreement has been approved or modi-
18 fied. If the commissioner requires a modification, the affected person
19 may agree to modify such proposed voluntary agreement or withdraw it
20 from consideration.
21 5. Upon finalization of the proposed voluntary agreement's provisions,
22 as may be modified, the department and the affected person shall execute
23 a voluntary agreement that shall contain the matters set forth in this
24 title. The affected person shall carry out the terms of the voluntary
25 agreement.
26 6. Nothing herein shall prohibit or limit the department from termi-
27 nating a voluntary agreement at any time during its implementation if
49 12334-02-0
1 the affected person subject to such voluntary agreement fails to comply
2 substantially with such agreement's terms and conditions.
3 7. Nothing herein shall require the department to enter into a volun-
4 tary agreement with an affected party.
5 § 27-1409. Citizen participation/public notification.
6 1. The department shall place a notification of receipt of a request
7 to participate in the voluntary remediation program pursuant to this
8 title in the environmental notice bulletin.
9 2. Upon the department's finalization of a voluntary agreement for
10 investigation, the department must notify individuals, groups
11 and/organizations that have expressed interest in or are affected by the
12 voluntary agreement of such agreement, and must publish a notice in the
13 environmental notice bulletin. Further, upon the satisfactory completion
14 of the investigation performed under such voluntary agreement, the
15 department must notify individuals, groups and/or organizations that
16 have expressed interest in or are affected by the voluntary agreement
17 and publish a notice in the environmental notice bulletin regarding such
18 satisfactory completion.
19 3. Before the department finalizes a proposed voluntary agreement for
20 remediation, the department must notify individuals, groups and organ-
21 izations that have expressed interest in or are affected by the proposed
22 voluntary agreement of the proposed voluntary agreement for remediation
23 and publish a notice requesting comments concerning the proposed volun-
24 tary agreement in the environmental notice bulletin. Such notice shall
25 provide for a forty-five day public comment period following publication
26 of the notice required under this section. The department shall hold a
27 public meeting on the proposed voluntary remediation agreement if the
50 12334-02-0
1 commissioner finds that the affected site constitutes a significant
2 threat to the public health or to the environment.
3 § 27-1411. Covenant not to sue.
4 1. After the affected person has successfully implemented a voluntary
5 agreement which provides for the remediation of the affected site, such
6 affected person shall submit to the department a written certification
7 prepared by an individual licensed or otherwise authorized in accordance
8 with article one hundred forty-five of the education law to practice the
9 profession of engineering who shall have been in charge of the implemen-
10 tation of such remediation undertaken pursuant to such agreement
11 substantiating that, at a minimum, such remedial activities satisfied
12 the requirements set forth in paragraph b of subdivision two of section
13 27-1407 of this title.
14 2. Upon the department's receipt of such certification, the department
15 shall review the final engineering report and the data submitted pursu-
16 ant to the voluntary agreement as well as any other relevant information
17 regarding the affected site. The department shall provide the affected
18 person, upon its satisfaction that the remedial requirements for the
19 affected site have been achieved, with a covenant not to sue, binding
20 upon the state, for any liability, including any future liability or
21 claim for the further remediation of hazardous waste or petroleum at or
22 from the affected site that was the subject of such voluntary agreement
23 except that a person responsible for the affected site's remediation
24 pursuant to applicable principles of statutory and common law liability,
25 unless such liability arises solely from ownership or operation of the
26 affected site subsequent to the disposal of hazardous waste or the
27 discharge of petroleum, shall not receive a release for natural resource
28 damages. Additionally, the state nonetheless shall reserve all of its
51 12334-02-0
1 rights concerning, and such covenant shall not extend to, any further
2 investigation or remedial action the department deems necessary, as a
3 result of:
4 a. a failure to comply with the terms and conditions of the voluntary
5 agreement;
6 b. a fraudulent demonstration that the cleanup levels identified in
7 the voluntary agreement were reached;
8 c. a release or threatened release at the affected site subsequent to
9 the effective date of the voluntary agreement;
10 d. a change in the affected site's use subsequent to the effective
11 date of the voluntary agreement to a use requiring a lower level of
12 residual contamination unless additional remedial activities are under-
13 taken which shall meet the standard for protection of public health and
14 the environment that applies to remedial actions for such use under this
15 article;
16 e. information received, in whole or in part, after the department's
17 execution of such voluntary agreement, which indicates that the remedi-
18 ation performed, or to be performed, under such voluntary agreement will
19 not be, or is not, protective of public health or the environment for
20 such use of the affected site; or
21 f. the department determines that the remedy implemented is not
22 protective of public health or the environment.
23 3. The reservation contained in paragraph d of subdivision two of this
24 section shall not be reserved in the event an affected person remediates
25 soil contamination to soil category 1, as that term is described in
26 paragraph a of subdivision three of section 27-1316 of this article.
27 4. The reservation contained in paragraph f of subdivision two of this
28 section shall not be reserved for an affected person who is not respon-
52 12334-02-0
1 sible for the remediation of the site pursuant to applicable principles
2 of statutory or common law liability, or who is liable solely as a
3 result of ownership or operation of the affected site subsequent to the
4 disposal of hazardous waste or the discharge of petroleum, in the event
5 that such person remediates soil contamination to soil category 1, as
6 that term is described in paragraph a of subdivision three of section
7 27-1316 of this article.
8 5. The covenant not to sue issued pursuant to this section shall
9 extend to the person's successors or assigns through acquisition of
10 title to the affected site to which the covenant applies and to a person
11 who develops or otherwise occupies the affected site, provided that such
12 persons act in good faith to adhere to the requirements of such volun-
13 tary agreement and workplan. However, such covenant does not extend, and
14 cannot be transferred, to a person who is responsible for the disposal
15 of hazardous waste or the discharge of petroleum according to applicable
16 principles of statutory or common law liability as of the effective date
17 of the voluntary agreement unless that person was party to the voluntary
18 agreement on which such covenant was based. A notice of the agreement
19 containing such covenant shall be recorded and indexed as a declaration
20 of covenant in the office of the recording officer for the county or
21 counties where such affected site is located in the manner prescribed by
22 article nine of the real property law within thirty days of signing the
23 agreement if the person is an owner or within thirty days of acquiring
24 title to the affected site if the person is a prospective purchaser.
25 6. The provisions of this title shall not affect an action or a claim,
26 including a claim for contribution, that a person who implements or
27 completes an agreement executed by such person and the department
53 12334-02-0
1 providing for the remediation of the affected site pursuant to this
2 title has or may have against a third party.
3 7. Nothing in this section shall be construed to affect either the
4 liability of any person with respect to any costs, damages, or investi-
5 gative or remedial activities that are not included in the agreement; or
6 the department's authority to maintain an action or proceeding against
7 any person who is not subject to the agreement.
8 8. A person who has settled its liability to the department under this
9 section shall not be liable for claims for contribution regarding
10 matters addressed in the agreement. Such settlement does not discharge
11 any of the persons responsible under law to investigate and remediate
12 the hazardous waste unless its terms so provide, but it reduces the
13 potential liability of the others by the amount of the settlement.
14 9. Nothing in this section shall be construed to affect the authority
15 of the department to reach settlement with other persons consistent with
16 its authority under applicable law.
17 10. An affected person who implements a voluntary agreement executed
18 by such affected person and the department pursuant to this title shall
19 not be held liable for claims for contribution concerning matters
20 addressed in such voluntary agreement.
21 § 27-1413. Remediation certificate.
22 1. Upon the department's determination pursuant to subdivision two of
23 section 27-1411 of this title that the remedial requirements for the
24 affected site have been achieved, the affected person may apply to the
25 commissioner for a remediation certificate that certifies that the reme-
26 dial requirements for the affected site have been achieved pursuant to
27 this title which would warrant the allowance of a credit under section
28 fourteen of the tax law.
54 12334-02-0
1 2. Such application shall be on a form provided by the department,
2 shall be certified under penalty of perjury, and shall, include but not
3 be limited to, a statement from a certified public accountant detailing
4 the site preparation costs; as that term is defined in section thirteen
5 of the tax law, required to be paid or incurred in order to qualify for
6 a remediation certificate.
7 3. The commissioner shall issue a remediation certificate if such
8 affected person is either (i) not a person responsible for the remedi-
9 ation of hazardous waste or the discharge of petroleum at the affected
10 site according to applicable principles of statutory or common law
11 liability, or (ii) a person responsible for the remediation of hazardous
12 waste or the discharge of petroleum at the affected site according to
13 applicable principles of statutory or common law liability if such
14 person's liability arises solely from ownership or operation of the
15 affected site subsequent to the disposal of hazardous waste or the
16 discharge of petroleum.
17 4. Such remediation certificate shall state:
18 a. that the affected person is eligible pursuant to paragraph (i) or
19 (ii) of subdivision three of this section for a credit under section
20 fourteen of the tax law;
21 b. that the affected person has satisfactorily completed the remedial
22 program required by the voluntary agreement. Further, in the event that
23 cleanup of the soil to soil category 2 or soil category 3, as those
24 terms are described in paragraph a of subdivision three of section
25 27-1316 of this article would be protective of public health and the
26 environment in accordance with subparagraph (ii) of paragraph b of
27 subdivision one of section 27-1407 of this title, and the affected
28 person remediated the soil to soil category 1 as that term is described
55 12334-02-0
1 in paragraph a of subdivision three of section 27-1316 of this article,
2 the remediation certificate shall indicate that the affected person is
3 eligible to receive an additional two percent credit pursuant to para-
4 graph four of subdivision (a) of section fourteen of the tax law; and
5 c. the department's determination regarding the amount that the
6 affected person has expended for site preparation costs as that term is
7 defined in section fourteen of the tax law, required to be paid or
8 incurred in order to qualify for a remediation certificate.
9 5. If the affected person has leased the property and such lessee is
10 (i) not a person responsible for the remediation of hazardous waste or
11 the discharge of petroleum at the affected site according to applicable
12 principles of statutory or common law liability, or (ii) a person
13 responsible for the remediation of hazardous waste or the discharge of
14 petroleum at the affected site according to applicable principles of
15 statutory or common law liability if such person's liability arises
16 solely from ownership or operation of the affected site subsequent to
17 the disposal of hazardous wastes or the discharge of petroleum, the
18 remediation certificate shall also include a statement indicating that
19 the lessee is a person as set forth in this subdivision.
20 6. A remediation certificate issued pursuant to subdivision three of
21 this section may be modified or revoked by the commissioner upon a find-
22 ing that:
23 a. the affected person has failed to comply with the terms and condi-
24 tions of the voluntary agreement;
25 b. the affected person fraudulently demonstrated that the cleanup
26 levels identified in the voluntary agreement were reached; or
27 c. there is good cause for such modification or revocation.
56 12334-02-0
1 7. Upon the commissioner's determination pursuant to subdivision three
2 or six of this section, the commissioner shall provide the affected
3 person with notice of such determination and notice of the right to
4 appeal such determination. The commissioner's determination shall be
5 final unless a hearing is requested by certified mail to the commission-
6 er within thirty days after receiving notice of such determination.
7 After such hearing the commissioner shall give notice of final determi-
8 nation to such affected person. The commissioner may promulgate regu-
9 lations to effectuate the purposes of this section. The commissioner
10 shall promptly notify the commissioner of taxation and finance when such
11 a determination pursuant to such subdivision six of this section has
12 become final and is no longer subject to judicial appeal.
13 § 27-1415. Payment of state costs.
14 1. Pursuant to timetables contained in the voluntary agreement, the
15 affected person shall pay all state costs incurred in overseeing imple-
16 mentation of such agreement. In addition, if such affected person is
17 responsible for the disposal of hazardous waste or the discharge of
18 petroleum according to applicable principles of statutory or common law
19 liability, unless such liability arises solely from ownership or opera-
20 tion of the affected site subsequent to the disposal of hazardous waste
21 or the discharge of petroleum, such affected person shall pay all costs
22 incurred by the state up to the effective date of such voluntary agree-
23 ment.
24 2. Payment of such state costs identified in subdivision one of this
25 section shall be made to the remedial program transfer fund established
26 pursuant to section ninety-seven-uuu of the state finance law.
27 3. In the event that either the affected person or the department
28 withdraw from a voluntary agreement before such agreement's completion,
57 12334-02-0
1 or upon completion of the activities undertaken pursuant to the volun-
2 tary agreement, all unexpended moneys which the affected person shall
3 have paid into such account shall be reimbursed to the affected person
4 after a final accounting of all claims upon such affected person's
5 payments.
6 § 11. Subdivision 8 of section 52-0101 of the environmental conserva-
7 tion law, as added by chapter 512 of the laws of 1986, is amended to
8 read as follows:
9 8. "Hazardous waste" shall have the definition set forth in Õtitle
10 nine of article twenty-sevenå section 27-1301 of this chapter.
11 § 12. Subdivision 1 of section 52-0103 of the environmental conserva-
12 tion law, as amended by chapter 9 of the laws of 1994, is amended to
13 read as follows:
14 1. For remediation of hazardous waste sites, as set forth in title
15 three of this article and for the closure of municipal landfills, as set
16 forth in title five of article fifty-four of this chapter, one billion
17 two hundred million dollars of whichÕ: (i)å up to one hundred million
18 dollars shall be made available for state assistance payments toward the
19 cost of the closure of municipal landfills, as set forth in title five
20 of article fifty-four of this chapter; Õand (ii) up to one hundred thou-
21 sand dollars shall be made available for the study of hazardous
22 substance waste disposal sites, as defined in section 27-1316 of this
23 chapter;å and
24 § 13. Subdivision 1 of section 71-2727 of the environmental conserva-
25 tion law, as amended by chapter 671 of the laws of 1986, is amended to
26 read as follows:
27 1. The commissioner, after investigation, notice and an opportunity to
28 be heard, may issue, modify and revoke orders prohibiting violations of
58 12334-02-0
1 any of the provisions of article 27 or 71 or of any rule or regulation
2 promulgated pursuant thereto and requiring the taking of such remedial
3 measures as may be necessary or appropriate. Nothing herein contained
4 shall be deemed to preclude the disposition of any matter within the
5 department's jurisdiction under article twenty-seven of this chapter by
6 stipulation, agreed settlement, consent order, default, or other
7 informal method, upon such terms and subject to such conditions and
8 limitations as the commissioner may deem just.
9 § 14. The section heading of section 213 of the civil practice law
10 and rules, as amended by chapter 43 of the laws of 1975, is amended to
11 read as follows:
12 Actions to be commenced within six years: where not otherwise provided
13 for; on contract; on sealed instrument; on bond or note, and mortgage
14 upon real property; by state based on misappropriation of public proper-
15 ty; based on mistake; by corporation against director, officer or stock-
16 holder; based on fraud; by state based on claims pursuant to subdivi-
17 sions ten and eleven of section 27-1313 of the environmental
18 conservation law; by state based on injury to, or destruction of, or
19 loss of, or loss of use of natural resources.
20 § 15. Section 213 of the civil practice law and rules is amended by
21 adding three new subdivisions 9, 10 and 11 to read as follows:
22 9. an action by the state under authority of subdivision ten of
23 section 27-1313 of the environmental conservation law; the time within
24 which the action must be commenced shall be computed from the initiation
25 of physical on-site construction of the remedial program.
26 10. an action for contribution under authority of subdivision eleven
27 of section 27-1313 of the environmental conservation law; the time with-
59 12334-02-0
1 in which such action must be commenced shall be computed from the later
2 of:
3 a. the date of judgment in any action under any law, state or federal,
4 respecting the costs that are the subject of the claim for contribution;
5 or
6 b. the date of the issuance of an order or agreement by the department
7 of environmental conservation respecting the costs that are the subject
8 of the claim for contribution or respecting activities the conduct of
9 which caused the expenditure of the costs that are the subject of the
10 claim for contribution.
11 11. an action under authority of subdivision twelve of section 27-1313
12 of the environmental conservation law; the time within which the action
13 must be commenced shall be computed from the completion of the
14 construction of the inactive hazardous waste disposal site remedial
15 program.
16 § 16. The general municipal law is amended by adding a new section
17 970-r to read as follows:
18 § 970-r. State assistance: brownfield redevelopment area planning. 1.
19 Definitions. a. "Brownfield redevelopment area" is an area where: a
20 number of abandoned, idled or under-utilized properties are clustered in
21 a geographic location; contamination by hazardous waste as defined in
22 section 27-1301 of the environmental conservation law or petroleum as
23 defined in section one hundred seventy-two of the navigation law is
24 suspected of being widespread; and the remediation of any one site
25 would not address all suspected sources of contamination and enable
26 beneficial environmental and economic use.
27 b. A "brownfield redevelopment area plan" is a plan undertaken by a
28 municipality or not-for-profit corporation to develop a strategy to
60 12334-02-0
1 return a brownfield redevelopment area to productive economic use while
2 protecting human health and the environment.
3 2. The secretary of state is authorized to provide technical assist-
4 ance to municipalities and not-for-profit corporations acting in cooper-
5 ation with municipalities, to enhance their capabilities to plan the
6 redevelopment of brownfield redevelopment areas.
7 3. Within the limits of appropriations therefor, the secretary of
8 state is authorized to provide, on a competitive basis, financial
9 assistance to municipalities and not-for-profit corporations acting in
10 cooperation with municipalities, to advance plans for the redevelopment
11 of brownfield redevelopment areas, as follows:
12 a. in the preparation of a pre-planning study to develop information
13 necessary for designating a brownfield redevelopment area. Pre-planning
14 activities include, but are not limited to, basic information about the
15 boundaries of the area, the number and size of brownfield sites, the
16 current and anticipated uses of the properties and groundwater in the
17 area, known data about the environmental conditions of the properties,
18 ownership of the sites in the area and other information deemed relevant
19 by the secretary of state. Such study, when completed, shall be submit-
20 ted to the secretary of state. The municipality or not-for-profit
21 corporation with the approval of the municipality may then file a peti-
22 tion requesting designation of the area as a brownfield redevelopment
23 area for the approval of the secretary of state;
24 b. in the preparation of a brownfield redevelopment area plan. Plan-
25 ning activities eligible to receive funding include, but are not limited
26 to, a strategy which defines the end uses of the brownfield redevelop-
27 ment area once the properties have been remediated and revitalized,
28 including any infrastructure needs, and identifies actions required to
61 12334-02-0
1 reach such proposed end-uses, and other information deemed relevant by
2 the secretary of state. Such plan must be formulated in consultation
3 with community based organizations and affected landowners. The munici-
4 pality or not-for-profit corporation with the approval of the munici-
5 pality shall submit such plan for the approval of the secretary of
6 state.
7 c. in the preparation of site assessments of properties owned by a
8 municipality or a party not responsible for the remediation of hazardous
9 waste or petroleum according to applicable principles of statutory or
10 common law liability, or a responsible party according to applicable
11 principles of statutory or common law liability if such person's liabil-
12 ity arises solely from ownership or operation of the site subsequent to
13 the disposal of hazardous waste or the discharge of petroleum in the
14 brownfield redevelopment area. Assessment activities include, but are
15 not limited to, testing of properties to determine the nature and extent
16 of the contamination (including soil and groundwater), environmental
17 assessments, the development of a proposed remediation strategy to
18 address any identified contamination and any other activities deemed
19 appropriate by the secretary in consultation with the commissioner of
20 environmental conservation. Any environmental assessment shall be
21 subject to the review and approval of the commissioner of environmental
22 conservation. State assistance payments shall not exceed seventy-five
23 percent of the cost of such plans. The secretary of state, in consulta-
24 tion with the commissioner of environmental conservation, may enter into
25 a contract with a municipality or not-for-profit corporation, including
26 such terms and conditions as the secretary of state and commissioner of
27 environmental conservation may deem appropriate, to provide the state
28 assistance.
62 12334-02-0
1 4. When determining the eligibility of a municipality or not-for-pro-
2 fit corporation for such assistance, the secretary of state, in consul-
3 tation with the commissioner of environmental conservation and other
4 appropriate agencies, shall consider, among other matters, the follow-
5 ing: benefit to human health, benefit to the environment, the economic
6 benefit to the state (including new employment opportunities and new
7 public recreational resources), and the strength of local support.
8 Funding preferences shall be given to proposals for areas: with a demon-
9 strated need for restoration; that would yield economic benefit to the
10 state and create new jobs or a new public resource; that receive a
11 strong level of local support; and where a majority of the properties
12 are owned by a municipality or party not responsible for the remediation
13 of hazardous waste or petroleum according to applicable principles of
14 statutory or common law liability or a responsible party according to
15 applicable principles of statutory or common law liability if such
16 person's liability arises solely from ownership or operation of the site
17 subsequent to the disposal of hazardous waste or the discharge of petro-
18 leum.
19 5. The secretary of state shall provide from available monies techni-
20 cal support to municipalities and not-for-profit corporations to prepare
21 their brownfield development areas program. Such support includes but is
22 not limited to personal and non-personal services.
23 § 17. The navigation law is amended by adding a new section 172-a to
24 read as follows:
25 § 172-a. Liability exclusions. 1. Notwithstanding subdivision thir-
26 teen of section one hundred seventy-two of this article the term "owner
27 or operator" does not include a person that is a lender that, without
28 participating in the management of property, holds indicia of ownership
63 12334-02-0
1 primarily to protect the security interest of the person in that proper-
2 ty; nor does it include a person that is a lender that did not partic-
3 ipate in management of property prior to foreclosure, notwithstanding
4 that the person forecloses on such property and after foreclosure,
5 sells, re-leases (in the case of a lease finance transaction), or liqui-
6 dates the property, maintains business activities, winds up operations,
7 undertakes in a non-negligent manner remedial actions under the direc-
8 tion of the department, with respect to such property, or takes any
9 other measure to preserve, protect, or prepare such property prior to
10 sale or disposition, if the person seeks to sell, re-lease (in the case
11 of a lease finance transaction), or otherwise divest the person of the
12 property at the earliest practicable commercially reasonable time, on
13 commercially reasonable terms, taking into account market conditions and
14 legal and regulatory requirements; provided, however, that such lender
15 shall not make a claim against the fund arising out of a discharge asso-
16 ciated with such property. For purposes of this subdivision:
17 (a) the term "participate in management" means actually participating
18 in the management or operational affairs of a property; and does not
19 include merely having the capacity to influence, or the unexercised
20 right to control, property operations;
21 (b) a person that is a lender and that holds indicia of ownership
22 primarily to protect a security interest in a property shall be consid-
23 ered to participate in management only if, while the borrower is still
24 in possession of the property encumbered by the security interest, the
25 person exercises decisionmaking control over the environmental compli-
26 ance related to the property, such that the person has undertaken
27 responsibility for the hazardous waste handling or disposal practices
28 related to the property; or exercises control at a level comparable to
64 12334-02-0
1 that of a manager of the property, such that the person has assumed or
2 manifested responsibility for the overall management of the property
3 encompassing day-to-day decisionmaking with respect to environmental
4 compliance; or over all or substantially all of the operational func-
5 tions (as distinguished from financial or administrative functions) of
6 the property other than the function of environmental compliance;
7 (c) the term "participate in management" does not include performing
8 an act or failing to act prior to the time at which a security interest
9 is created in a property; and
10 (d) the term "participate in management" does not include holding a
11 security interest or abandoning or releasing a security interest;
12 including in the terms of an extension of credit, or in a contract or
13 security agreement relating to the extension, a covenant, warranty, or
14 other term or condition that relates to environmental compliance; moni-
15 toring or enforcing the terms and conditions of the extension of credit
16 or security interest; monitoring or undertaking one or more inspections
17 of the property; requiring a response action or other lawful means of
18 addressing the release or threatened release of a hazardous waste in
19 connection with the property prior to, during, or on the expiration of
20 the term of the extension of credit; providing financial or other advice
21 or counseling in an effort to mitigate, prevent, or cure default or
22 dimunition in the value of the property; restructuring, renegotiating,
23 or otherwise agreeing to alter the terms and conditions of the extension
24 of credit or security interest, exercising forbearance; exercising other
25 remedies that may be available under applicable law for the breach of a
26 term or condition of the extension of credit or security agreement; or
27 conducting in a non-negligent manner a remedial action directly or under
28 the direction of the department of environmental conservation, if the
65 12334-02-0
1 actions do not rise to the level of participating in management (within
2 the meaning of this subdivision);
3 (e) the term "extension of credit" includes a lease finance trans-
4 action in which the lessor does not initially select the leased property
5 and does not during the lease term control the daily operations or main-
6 tenance of the property; or that conforms with regulations issued by the
7 appropriate federal banking agency (as defined in 12 USC section 1813)
8 or the superintendent of banks or with regulations issued by the
9 National Credit Union Administrative Board, as appropriate;
10 (f) the term "financial or administrative function" includes a func-
11 tion such as that of a credit manager, accounts payable officer,
12 accounts receivable officer, personnel manager, comptroller, or chief
13 financial officer, or a similar function;
14 (g) the term "foreclosure" and "foreclose" means, respectively,
15 acquiring and to acquire, a property through purchase at sale under a
16 judgment or decree, power of sale, or nonjudicial foreclosure sale; a
17 deed in lieu of foreclosure, or similar conveyance from a trustee; or
18 repossession, if the property was security for an extension of credit
19 previously contracted; conveyance pursuant to an extension of credit
20 previously contracted, including the termination of a lease agreement;
21 or any other formal or informal manner by which the person acquires, for
22 subsequent disposition, title to or possession of a property in order to
23 protect the security interest of the person;
24 (h) the term "lender" means an insured depository institution (as
25 defined in 12 USC section 1813); an insured credit union (as defined in
26 12 USC section 1752); a bank or association chartered under the Farm
27 Credit Act of 1971 (12 U.S.C. 2001 et seq.); a leasing or trust company
28 that is an affiliate of an insured depository institution; any person
66 12334-02-0
1 (including a successor or assignee of any such person) that makes a bona
2 fide extension of credit to or takes or acquires a security interest
3 from a nonaffiliated person; the Federal National Mortgage Association,
4 the Federal Home Loan Mortgage Corporation, the Federal Agricultural
5 Mortgage Corporation, or any other entity that in a bona fide manner
6 buys or sells loans or interests in loans; a person that insures or
7 guarantees against a default in the repayment of an extension of credit,
8 or acts as a surety with respect to an extension of credit, to a nonaf-
9 filiated person; and a person that provides title insurance and that
10 acquires a property as a result of assignment or conveyance in the
11 course of underwriting claims and claims settlement;
12 (i) the term "operational function" includes a function such as that
13 of a facility or plant manager, operations manager, chief operating
14 officer, or chief executive officer; and
15 (j) the term "security interest" includes a right under a mortgage,
16 deed of trust, assignment, judgment lien, pledge, security agreement,
17 factoring agreement, or lease and any other right accruing to a person
18 to secure the repayment of money, the performance of a duty, or any
19 other obligation by a nonaffiliated person.
20 2. Notwithstanding subdivision thirteen of section one hundred seven-
21 ty-two of this article the term, "owner or operator" does not include
22 the state or a public corporation which acquired, and thereafter
23 retained without participating in the management of such property,
24 ownership or control involuntarily or voluntarily by virtue of its func-
25 tion as sovereign; provided, however, that such public corporation shall
26 not make a claim against the fund arising out of a discharge associated
27 with such property. Neither the state nor any public corporation shall
28 incur under this chapter any liability as to matters within the juris-
67 12334-02-0
1 diction of the department as a result of actions taken in response to an
2 emergency created by the discharge or threatened discharge of petroleum
3 by another person, provided that such actions by the state or public
4 corporation did not constitute reckless, willful, wanton or intentional
5 misconduct. As used in this subdivision:
6 (a) "public corporation" means a public corporation as defined in the
7 general construction law;
8 (b) "involuntary acquisition of ownership or control" includes, but is
9 not limited to, the following:
10 (i) acquisitions by the state or a public corporation, or its agent,
11 acting as a conservator or receiver pursuant to a clear and direct stat-
12 utory mandate or regulatory authority;
13 (ii) acquisitions of assets through foreclosure and its equivalents as
14 defined in paragraph (g) of subdivision one of this section, or other-
15 wise, by the state or a public corporation in the course of administer-
16 ing a loan, loan guarantee or loan insurance program;
17 (iii) acquisitions by the state or a public corporation pursuant to
18 seizure or forfeiture authority;
19 (iv) acquisitions by the state or a public corporation as the result
20 of tax delinquency purposes; provided, that such ownership or control is
21 not retained primarily for investment purposes.
22 (c) "management participation" means that the state or a public corpo-
23 ration is actually participating in the management or operation of the
24 property but does not include the mere capacity to influence, ability to
25 influence or unexercised right to control the operation of the property.
26 Nothing contained in this subdivision affects the applicability of this
27 section in favor of a holder of a security interest according to the
28 terms thereof.
68 12334-02-0
1 3. Notwithstanding subdivision thirteen of section one hundred seven-
2 ty-two of this article the term, "owner or operator" includes a fiduci-
3 ary; provided, however, that such liability on the part of a fiduciary
4 shall not exceed the assets held in the fiduciary capacity if such
5 person is not liable independently of such person's ownership as a fidu-
6 ciary or actions taken in a fiduciary capacity; provided, however, that
7 such fiduciary shall not make a claim against the fund arising out of a
8 discharge associated with such property.
9 (a) For purposes of this subdivision, (i) the term "fiduciary" means a
10 person acting for the benefit of another party as a bona fide trustee;
11 executor; administrator; custodian; guardian of estates or guardian ad
12 litem; receiver; conservator; committee of estates of incapacitated
13 persons; personal representative; trustee (including a successor to a
14 trustee) under an indenture agreement, trust agreement, lease, or simi-
15 lar financing agreement, for debt securities, certificates of interest
16 or certificates of participation in debt securities, or other forms of
17 indebtedness as to which the trustee is not, in the capacity of trustee,
18 the lender; or representative in any other capacity that the department,
19 after providing public notice, determines to be similar to the various
20 capacities previously described in this paragraph; and does not include
21 either a person that is acting as a fiduciary with respect to a trust or
22 other fiduciary estate that was organized for the primary purpose of, or
23 is engaged in, actively carrying on a trade or business for profit, or
24 to facilitate one or more estate plans, or because of the incapacity of
25 a natural person or a person that acquires ownership or control of a
26 property with the objective purpose of avoiding liability of the person
27 or any other person;
69 12334-02-0
1 (ii) the term "fiduciary capacity" means the capacity of a person in
2 holding title to a property, or otherwise having control of or an inter-
3 est in a property, pursuant to the exercise of the responsibilities of
4 the person as a fiduciary.
5 (b) Nothing in this subdivision affects the rights or immunities or
6 other defenses that are available under law that are applicable to a
7 person subject to this subdivision or creates any liability for a person
8 or a private right of action against a fiduciary or any other person.
9 (c) Nothing in this subdivision applies to a person if that person,
10 acts in a capacity other than that of a fiduciary or in a fiduciary
11 capacity and in that capacity, directly or indirectly benefits from a
12 trust or fiduciary relationship; or is a beneficiary and fiduciary with
13 respect to the same fiduciary estate and as a fiduciary, receives bene-
14 fits that exceed customary or reasonable compensation, and incidental
15 benefits, permitted under other applicable law.
16 (d) This subdivision does not preclude a claim under this chapter
17 against the assets of the estate or trust administered by the fiduciary;
18 or a nonemployee agent or independent contractor retained by a fiduci-
19 ary.
20 4. Notwithstanding subdivision thirteen of section one hundred seven-
21 ty-two of this article the term, "owner or operator" includes an indus-
22 trial development authority created under the public authorities law,
23 other than one that holds bare legal title to such property; has not
24 participated with any party responsible under law for the remediation of
25 contamination in, on, or from such property to attempt to have such a
26 party avoid its remedial liability; has not exercised any contractual
27 rights it may have or had, if any, under the lease, guarantee, or any
28 other financing agreement pursuant to which the industrial development
70 12334-02-0
1 authority would assume control over the actual operation of the proper-
2 ty; has not taken possession or control of the property; and does not
3 make a claim against the fund arising out of a discharge associated with
4 such property. Nothing in this subdivision, affects the rights or immu-
5 nities or other defenses that are available under law that are applica-
6 ble to a person subject to this subdivision; or creates any liability
7 for a person or a private right of action against an industrial develop-
8 ment authority or any other person.
9 5. Notwithstanding the foregoing, a person receiving a liability
10 exemption or liability limitation under subdivision one, two, three or
11 four of this section shall be deemed to have waived any claim pursuant
12 to section one hundred eighty-one of this article that such person may
13 have against the New York environmental protection and spill compen-
14 sation fund.
15 § 18. Paragraph (a) of subdivision 2 of section 176 of the navigation
16 law, as amended by chapter 584 of the laws of 1992, is amended to read
17 as follows:
18 (a) Upon the occurrence of a discharge of petroleum, the department
19 shall respond promptly and proceed to cleanup and remove the discharge
20 in accordance with environmental priorities or may, at its discretion,
21 direct the discharger to promptly cleanup and remove the discharge. The
22 department shall be responsible for cleanup and removal or as the case
23 may be, for retaining agents and contractors who shall operate under the
24 direction of that department for such purposes. Implementation of clean-
25 up and removal procedures after each discharge shall be conducted in
26 accordance with environmental priorities and procedures established by
27 the department. Such procedures shall provide:
71 12334-02-0
1 (i) the objective of a cleanup and removal that the department deter-
2 mines does not constitute an immediate response cleanup shall be the
3 protection of public health and the environment, with the minimum objec-
4 tive being to eliminate or mitigate all significant threats to public
5 health and the environment presented by such discharge through proper
6 application of scientific and engineering principles; and that the reme-
7 dy must be selected upon due consideration of the following factors:
8 (A) conformance to standards and criteria that are generally applica-
9 ble, consistently applied, and officially promulgated, that are either
10 directly applicable, or that are not directly applicable but are rele-
11 vant and appropriate, unless good cause exists why conformity should be
12 dispensed with, and with consideration being given to guidance deter-
13 mined, after the exercise of engineering judgement, to be applicable;
14 (B) overall protectiveness of public health and the environment;
15 (C) short-term effectiveness;
16 (D) long-term effectiveness;
17 (E) reduction of toxicity, mobility, and volume with treatment;
18 addressing a hot spot of petroleum that permanently and significantly
19 reduces the volume, toxicity, and/or mobility of the petroleum is to be
20 preferred over a method that does not do so. The hierarchy of remedial
21 technologies shall be as set forth under section 27-0105 of the environ-
22 mental conservation law;
23 (F) cost;
24 (G) implementability;
25 (H) community acceptance; and
26 (I) land use: the current, intended, and reasonably anticipated future
27 land uses for the property and its surroundings, if ascertainable.
72 12334-02-0
1 (ii) the objective of a cleanup and removal that the department deter-
2 mines does constitute an immediate response cleanup shall be to effectu-
3 ate a prompt cleanup and removal of contamination to ensure restoration
4 of the environment to pre-spill conditions. For purposes of this para-
5 graph, an immediate response cleanup shall be one that comprises a
6 discrete set of activities which can be undertaken without extensive
7 investigation and evaluation, to prevent, mitigate, or remedy environ-
8 mental damage or the consequences of environmental damage attributable
9 to the discharge.
10 (iii) the remediation of soil as part of any cleanup and removal of a
11 discharge under this article shall be performed in accordance with the
12 soil cleanup levels promulgated pursuant to section 27-1316 of the envi-
13 ronmental conservation law.
14 (iv) for all cleanup and removal actions other than immediate response
15 cleanups, the department shall place a notification in the environmental
16 notice bulletin and shall notify individuals, groups, and/or organiza-
17 tions that have expressed interest in or are affected by such cleanup
18 and removal actions upon: the initiation of an investigation, upon the
19 successful completion of such investigation, and upon the submission of
20 a proposed remedy. The department shall accept public comments for
21 forty-five days prior to approving such remedy.
22 § 19. Paragraph (b) of subdivision 2 of section 176 of the navigation
23 law is relettered paragraph (c) and a new paragraph (b) is added to read
24 as follows:
25 (b) The department shall determine cleanup levels for contaminants in
26 the soil using site specific data until the commissioner promulgates
27 rules and regulations pursuant to section 27-1315 and subdivision five
28 of section 27-1316 of the environmental conservation law and thereafter
73 12334-02-0
1 shall use the soil cleanup levels set forth in such rules and regu-
2 lations, as may be amended.
3 § 20. Subdivision 1 of section 181 of the navigation law, as amended
4 by chapter 712 of the laws of 1989, is amended to read as follows:
5 1. ÕAnyå (a) Except as provided in paragraph (e) of this subdivision,
6 any person who has discharged petroleum shall be strictly liable, with-
7 out regard to fault, for all cleanup and removal costs and all direct
8 and indirect damages, no matter by whom sustained, as defined in this
9 section. In addition to cleanup and removal costs and damages, any such
10 person who is notified of such release and who did not undertake relo-
11 cation of persons residing in the area of the discharge in accordance
12 with paragraph (c) of subdivision seven of section one hundred seventy-
13 six of this article, shall be liable to the fund for an amount equal to
14 two times the actual and necessary expense incurred by the fund for such
15 relocation pursuant to section one hundred seventy-seven-a of this arti-
16 cle. Additionally, the department shall be entitled to a penalty in an
17 amount no less than one and no more than three times all cleanup and
18 removal costs if it proves by a preponderance of the evidence that it
19 has expended reasonable efforts as set forth in this subdivision. For
20 purposes of this subdivision, the department has expended reasonable
21 efforts to obtain a voluntary commitment if such person is informed in
22 writing of the department's offer to negotiate a voluntary commitment
23 and such responsible person does not respond to the department's offer;
24 or responds by refusing to negotiate; or starts to negotiate and there-
25 after discontinues same; or acts in bad faith in the negotiation proc-
26 ess, and continues not to make such commitment after receiving a final
27 written notification from the department that apprizes such responsible
28 person that failure to enter into the voluntary commitment will result
74 12334-02-0
1 in the state's recovery of all costs, both direct and indirect, respect-
2 ing such discharge; then the state shall be entitled to recover all
3 costs, both direct and indirect, respecting such discharge that the
4 state shall have incurred plus, to the extent that the state can show by
5 a preponderance of the evidence that it has fulfilled the procedural
6 steps in this paragraph, a penalty in an amount up to three times, but
7 no less than one times, all costs, both direct and indirect, the state
8 shall have incurred in carrying out same.
9 (b) Notwithstanding paragraph (a) of this subdivision, such person
10 shall only be liable to the state for an amount equal to all costs, both
11 direct and indirect, the state shall have incurred respecting such
12 discharge if such person can establish by a preponderance of the
13 evidence that for good cause shown, it failed and refused to enter into
14 such voluntary commitment with the department.
15 (c) Two or more owners and/or persons described in paragraph (a) of
16 subdivision three of this section may claim contribution among them-
17 selves in an action brought in a court of competent jurisdiction, and
18 the amount of contribution to which any of them is entitled shall be
19 equal to the excess paid by that person over and above such person's
20 equitable share of costs. However, the amount of contribution to which
21 any of them is entitled shall be three times the excess paid by that
22 person over and above such person's equitable share of costs associated
23 with the carrying out of such person's obligations under the voluntary
24 commitment with the department described in paragraph (a) of this subdi-
25 vision if one-third of such award shall be paid to the remedial program
26 transfer fund established pursuant to section ninety-seven-uuu of the
27 state finance law and the court finds that:
75 12334-02-0
1 (i) the contribution defendant is a person described in paragraph (a)
2 of this subdivision for such site;
3 (ii) the contribution plaintiff gave thirty days notice to the
4 contribution defendant of the plaintiff's intention to seek contribution
5 in the event that the contribution defendant declined to participate in
6 the implementation of the contribution plaintiff's voluntary commitment;
7 (iii) the contribution defendant failed or refused to enter into a
8 settlement agreement with the contribution plaintiff; and
9 (iv) the contribution plaintiff entered into a voluntary commitment
10 with the department to remediate the site.
11 (d) A person misidentified by the department as a person described in
12 paragraph (a) of this subdivision but which entered into a voluntary
13 commitment with the department may recover from the New York environ-
14 mental protection and spill compensation fund created under section one
15 hundred seventy-nine of this article the costs it shall have incurred
16 that are reasonable in light of the action agreed to be undertaken.
17 (e) There shall be no liability under this subdivision for a person
18 otherwise liable who can establish by a preponderance of the evidence
19 that the discharge was caused solely by an act of God; an act of war; or
20 an act or omission of a third party other than an employee or agent of
21 such person, or than one whose act or omission occurs in connection with
22 a contractual relationship, existing directly or indirectly, with such
23 person (except where the sole contractual arrangement arises from a
24 published tariff and acceptance for carriage by a common carrier or
25 rail), if such person establishes by a preponderance of the evidence
26 that such person is other than one that transports or supplies petroleum
27 and exercised due care with respect to the petroleum concerned, taking
28 into consideration the characteristics of such petroleum, in light of
76 12334-02-0
1 all relevant facts and circumstances, and took precautions against fore-
2 seeable acts or omissions of any such third party and the consequences
3 that could foreseeably result from such acts or omissions; or any combi-
4 nation of them. For purposes of this paragraph, the term, "contractual
5 relationship," includes, but is not limited to, land contracts, deeds or
6 other instruments transferring title or possession, unless the property
7 on which the discharge concerned is located was acquired by such person
8 after the discharge on, in, or at such property, and such person estab-
9 lishes one or more of the circumstances described in subparagraph (i),
10 (ii) or (iii) of this paragraph by a preponderance of the evidence:
11 (i) At the time such person acquired the property such person did not
12 know and had no reason to know that any petroleum was discharged on, in,
13 or at the property. To establish that such person has no reason to know,
14 such person must have undertaken, at the time of acquisition, all appro-
15 priate inquiry into the previous ownership and uses of the property
16 consistent with good commercial or customary practice in an effort to
17 minimize liability. For purposes of the preceding sentence, the commis-
18 sioner shall take into account any specialized knowledge or experience
19 on the part of such person, the relationship of the purchase price to
20 the value of the property if uncontaminated, commonly known or reason-
21 ably ascertainable information about the property, the obviousness of
22 the presence or likely presence of contamination at the property, and
23 the ability to detect such contamination by appropriate inspection; or
24 (ii) Such person is a government entity which acquired the property by
25 escheat, or through any other involuntary transfer or acquisition; or
26 (iii) Such person acquired the property by inheritance or bequest, and
27 that such person exercised due care with respect to the petroleum
28 concerned, taking into consideration the characteristics of such petro-
77 12334-02-0
1 leum, in light of all relevant facts and circumstances and took precau-
2 tions against foreseeable acts or omissions of any such third party and
3 the consequences that could foreseeably result from such acts or omis-
4 sions.
5 (f) Nothing in this subdivision shall diminish the liability of any
6 previous owner or operator of the property who would otherwise be liable
7 under this subdivision. Notwithstanding this paragraph, if such person
8 obtained actual knowledge of the discharge at the property when such
9 person owned the property and then subsequently transferred ownership of
10 the property to another person without disclosing such knowledge, such
11 person shall be treated as a person responsible for the discharge and no
12 defense under this paragraph shall be available to such person. Nothing
13 in this paragraph shall affect the liability under this subdivision of a
14 person who, by any act or omission, caused or contributed to such
15 discharge of petroleum.
16 § 21. Subdivision 5 of section 180 of the navigation law, as amended
17 by chapter 35 of the laws of 1985, is amended and a new subdivision 6 is
18 added to read as follows:
19 5. To disburse moneys from the fund for cleanup and removal costs
20 pursuant to a certification of claims by the commissionerÕ.å;
21 6. To submit on an annual basis to the governor and legislature within
22 sixty days of the end of the state fiscal year an independent audit of
23 the New York environmental protection and spill compensation fund.
24 § 22. Subdivision 4 of section 181 of the navigation law, as amended
25 by chapter 458 of the laws of 1978, is amended and a new subdivision 7
26 is added to read as follows:
27 4. ÕAnå Notwithstanding subdivision one of this section and subdivi-
28 sions one, two, three and four of section one hundred seventy-two-a of
78 12334-02-0
1 this article, an act or omission caused solely by war, sabotage, or
2 governmental negligence shall be the only defenses which may be raised
3 by any owner or operator of a major facility or vessel responsible for a
4 discharge in any action arising under the provisions of this article.
5 7. Notwithstanding the foregoing, a person receiving a liability
6 exemption or liability limitation under subdivision one of this section
7 or under subdivision one, two, three or four of section one hundred
8 seventy-two-a of this article shall be deemed to have waived any claim
9 pursuant to subdivision two of this section that such person may have
10 against the New York environmental protection and spill compensation
11 fund.
12 § 23. Section 183 of the navigation law, as added by chapter 845 of
13 the laws of 1977, is amended to read as follows:
14 § 183. Settlements. 1. The administrator shall attempt to promote and
15 arrange a settlement between the claimant and the person responsible for
16 the discharge. If the source of the discharge can be determined and
17 liability is conceded, the claimant and the alleged discharger may agree
18 to a settlement which shall be final and binding upon the parties and
19 which will waive all recourse against the fund.
20 2. After the successful implementation of an order on consent which
21 provides for the cleanup and removal of the discharge, the person
22 subject to the order shall submit to the department a written certif-
23 ication prepared by an individual licensed or otherwise authorized in
24 accordance with article one hundred forty-five of the education law to
25 practice the profession of engineering who shall have been in charge of
26 the implementation of the cleanup and removal activities undertaken
27 pursuant to such order substantiating that, at a minimum, such remedial
28 activities satisfied the remedial requirements set forth in such order.
79 12334-02-0
1 3. Upon the department's receipt of such certification, the department
2 shall review the final engineering report and the data submitted pursu-
3 ant to the order as well as any other relevant information regarding the
4 discharge. The department shall provide the person, upon its satisfac-
5 tion that the remedial requirements for the discharge have been
6 achieved, with a covenant not to sue, binding upon the state, for any
7 liability, including any future liability or claim for the further
8 cleanup or removal of petroleum relating to the discharge that was the
9 subject of such order except that a person responsible for the cleanup
10 and removal of the discharge pursuant to section one hundred eighty-one
11 of this article shall not receive a release for natural resource
12 damages. Additionally, the state nonetheless shall reserve all of its
13 rights concerning, and such covenant shall not extend to, any further
14 investigation or remedial action the department deems necessary, as a
15 result of:
16 (a) a failure to comply with the terms and conditions of the order;
17 (b) a fraudulent demonstration that the cleanup levels identified in
18 the order were reached;
19 (c) a release or threatened release at the site subsequent to the
20 effective date of the order;
21 (d) a change in the site's use subsequent to the effective date of the
22 order to a use requiring a lower level of residual contamination unless
23 additional remedial activities are undertaken which shall meet the stan-
24 dard for protection of public health and the environment that applies to
25 remedial actions for such use under this article;
26 (e) information received, in whole or in part, after the department's
27 execution of such order, which indicates that the cleanup and removal
28 performed, or to be performed, under such order will not be, or is not,
80 12334-02-0
1 protective of public health or the environment for such use of the site;
2 or
3 (f) the department determines that the remedy implemented is not
4 protective of public health or the environment.
5 4. The reservation contained in paragraph (d) of subdivision three of
6 this section shall not be reserved in the event a person remediates soil
7 contamination to soil category 1, as that term is described in paragraph
8 a of subdivision three of section 27-1316 of the environmental conserva-
9 tion law.
10 5. The reservation contained in paragraph (f) of subdivision three of
11 this section shall not be reserved for a person who is not responsible
12 for the cleanup and removal of the discharge pursuant to applicable
13 principles of statutory or common law liability, or who is liable solely
14 as a result of ownership or operation of the affected site subsequent to
15 the disposal of hazardous waste or the discharge of petroleum, in the
16 event that such person remediates soil contamination to soil category 1,
17 as that term is described in paragraph a of subdivision three of section
18 27-1316 of the environmental conservation law.
19 6. The covenant not to sue issued pursuant to this section shall
20 extend to the person's successors or assigns through acquisition of
21 title to the site to which the liability release applies and to a person
22 who develops or otherwise occupies the site, provided that such persons
23 act in good faith to adhere to the requirements of such order and work-
24 plan. However, such covenant does not extend, and cannot be transferred,
25 to a person who is responsible as of the date of the issuance of an
26 order on consent for the discharge of petroleum according to section one
27 hundred eighty-one of this article unless that person was party to the
28 order on which such covenant was based. A notice of the order containing
81 12334-02-0
1 such covenant shall be recorded and indexed as a declaration of covenant
2 in the office of the recording officer for the county or counties where
3 such site is located in the manner prescribed by article nine of the
4 real property law within thirty days of signing the order if the person
5 is an owner or within thirty days of acquiring title of the site if the
6 person is a prospective purchaser.
7 7. The provisions of this title shall not affect an action or a claim,
8 including a claim for contribution, that a person who implements or
9 completes an order executed by such person and the department providing
10 for the cleanup and removal of the discharge pursuant to this article
11 has or may have against a third party.
12 8. Nothing in this section shall be construed to affect either the
13 liability of any person with respect to any costs, damages, or investi-
14 gative or remedial activities that are not included in the order; or the
15 department's authority to maintain an action or proceeding against any
16 person who is not subject to the order.
17 9. A person who has settled its liability to the department under this
18 section shall not be liable for claims for contribution regarding
19 matters addressed in the order. Such settlement does not discharge any
20 of the persons responsible under law for the cleanup and removal of the
21 discharge unless its terms so provide, but it reduces the potential
22 liability of the others by the amount of the settlement.
23 10. Nothing in this section shall be construed to affect the authority
24 of the department to reach settlement with other persons consistent with
25 its authority under applicable law.
26 § 24. Subdivisions 24, 25 and 26 of section 1281 of the public
27 authorities law, subdivision 24 as amended by chapter 857 of the laws of
28 1982, subdivision 25 as amended by chapter 295 of the laws of 1994 and
82 12334-02-0
1 subdivision 26 as added by chapter 282 of the laws of 1979, are amended
2 to read as follows:
3 24. "Hazardous waste" shall Õmean a waste which appears on the list or
4 satisfies the characteristics promulgated by the commissioner of envi-
5 ronmental conservation pursuant to section 27-0903 of the environmental
6 conservation law and until, but not after, the promulgation of such
7 list, a waste or combination of wastes, which because of its quantity,
8 concentration, or physical, chemical or infectious characteristics may:
9 a. Cause, or significantly contribute to an increase in mortality or
10 an increase in serious irreversible or incapacitating reversible
11 illness; or
12 b. Pose a substantial present or potential hazard to human health or
13 the environment when improperly treated, stored, transported, disposed
14 or otherwise managedå have the same meaning as set forth in section
15 27-1301 of the environmental conservation law.
16 25. "Inactive hazardous waste disposal site" shall Õmean any area or
17 structure used for the long term storage or final placement of hazardous
18 waste including, but not limited to, dumps, landfills, lagoons and arti-
19 ficial treatment ponds, as to which area or structure no permit or
20 authorization issued by the department of environmental conservation or
21 a federal agency for the disposal of hazardous waste was in effect after
22 the effective date of this title and any inactive area or structure on
23 the National Priorities List established under the authority of 42
24 U.S.C.A. Section 9605å have the same meaning as set forth in section
25 27-1301 of the environmental conservation law.
26 26. "Inactive hazardous waste disposal site remedial program" shall
27 Õmean activities undertaken to eliminate, remove, abate, control or
28 monitor health and/or environmental hazards or potential hazards in
83 12334-02-0
1 connection with inactive hazardous waste disposal sites or to treat or
2 dispose of wastes and waste contaminated materials from such sites
3 including, but not limited to, grading, contouring, trenching, grouting,
4 capping, excavation, transporting, incineration, chemical treatment,
5 biological treatment or the construction of leachate collection and
6 treatment facilitieså have the same meaning as set forth in section
7 27-1301 of the environmental conservation law.
8 § 25. Section 1389-a of the public health law, as added by chapter 282
9 of the laws of 1979, subdivision 1 as amended by chapter 857 of the laws
10 of 1982 and subdivision 2 as amended by chapter 295 of the laws of 1994,
11 is amended to read as follows:
12 § 1389-a. Definitions. 1. "Hazardous waste" means Õa waste which
13 appears on the list or satisfies the characteristics promulgated by the
14 commissioner of environmental conservation pursuant to section 27-0903
15 of the environmental conservation law and until, but not after, the
16 promulgation of such list, or a waste or combination of wastes, which
17 because of its quantity, concentration, or physical, chemical or infec-
18 tious characteristics may:
19 a. Cause, or significantly contribute to an increase in mortality or
20 an increase in serious irreversible or incapacitating reversible
21 illness; or
22 b. Pose a substantial present or potential hazard to human health or
23 the environment when improperly treated, stored, transported, disposed
24 or otherwise managedå hazardous waste as defined in section 27-1301 of
25 the environmental conservation law.
26 2. "Inactive hazardous waste disposal site" means Õany area or struc-
27 ture used for the long term storage or final placement of hazardous
28 waste including, but not limited to, dumps, landfills, lagoons and arti-
84 12334-02-0
1 ficial treatment ponds, as to which area or structure no permit or
2 authorization issued by the department of environmental conservation or
3 a federal agency for the disposal of hazardous waste was in effect after
4 the effective date of this title and any inactive area or structure on
5 the National Priorities List established under the authority of 42
6 U.S.C.A. Section 9605å an inactive hazardous waste disposal site as that
7 term is defined in section 27-1301 of the environmental conservation
8 law.
9 3. "Inactive hazardous waste disposal site remedial program" means
10 Õactivities undertaken to eliminate, remove, abate, control or monitor
11 health and/or environmental hazards or potential hazards in connection
12 with inactive hazardous waste disposal sites or to treat or dispose of
13 wastes and waste contaminated materials from such sites including, but
14 not limited to, grading, contouring, trenching, grouting, capping, exca-
15 vation, transporting, incineration, chemical treatment, biological
16 treatment or construction of leachate collection and treatment facili-
17 tieså an inactive hazardous waste disposal site remedial program as that
18 term is defined in section 27-1301 of the environmental conservation
19 law.
20 4. "Person" means an individual, trust, firm, joint stock company,
21 corporation, partnership, association, state, municipality, commission,
22 political subdivision of a state, public benefit corporation or any
23 interstate body.
24 a. Such term includes any person owning or operating an inactive
25 hazardous waste disposal site but does not include a person that is a
26 lender that, without participating in the management of such site, holds
27 indicia of ownership primarily to protect the security interest of the
28 person in such site; nor does it include a person that is a lender that
85 12334-02-0
1 did not participate in management of such site prior to foreclosure,
2 notwithstanding that the person forecloses on such site and after fore-
3 closure, sells, re-leases (in the case of a lease finance transaction),
4 or liquidates such site, maintains business activities, winds up oper-
5 ations, undertakes in a non-negligent manner remedial actions under the
6 direction of the department, with respect to such site, or takes any
7 other measure to preserve, protect, or prepare such site prior to sale
8 or disposition, if the person seeks to sell, re-lease (in the case of a
9 lease finance transaction), or otherwise divest the person of such site
10 at the earliest practicable commercially reasonable time, on commercial-
11 ly reasonable terms, taking into account market conditions and legal and
12 regulatory requirements. For purposes of this paragraph:
13 (i) the term "participate in management" means actually participating
14 in the management or operational affairs of such site; and does not
15 include merely having the capacity to influence, or the unexercised
16 right to control, such site's operations;
17 (ii) a person that is a lender and that holds indicia of ownership
18 primarily to protect a security interest in such site shall be consid-
19 ered to participate in management only if, while the borrower is still
20 in possession of such site, the person exercises decisionmaking control
21 over the environmental compliance related to such site, such that the
22 person has undertaken responsibility for the hazardous waste handling or
23 disposal practices related to such site; or exercises control at a level
24 comparable to that of a manager of such site, such that the person has
25 assumed or manifested responsibility for the overall management of such
26 site encompassing day-to-day decisionmaking with respect to environ-
27 mental compliance; or over all or substantially all of the operational
86 12334-02-0
1 functions (as distinguished from financial or administrative functions)
2 of such site other than the function of environmental compliance;
3 (iii) the term "participate in management" does not include performing
4 an act or failing to act prior to the time at which a security interest
5 is created in such site;
6 (iv) the term "participate in management" does not include holding a
7 security interest or abandoning or releasing a security interest;
8 including in the terms of an extension of credit, or in a contract or
9 security agreement relating to the extension, a covenant, warranty, or
10 other term or condition that relates to environmental compliance; moni-
11 toring or enforcing the terms and conditions of the extension or credit
12 or security interest; monitoring or undertaking one or more inspections
13 of such site; requiring a response action or other lawful means of
14 addressing the release or threatened release of a hazardous waste in
15 connection with such site prior to, during, or on the expiration of the
16 term of the extension of credit; providing financial or other advice or
17 counseling in an effort to mitigate, prevent, or cure default or diminu-
18 tion in the value of such site; restructuring, renegotiating, or other-
19 wise agreeing to alter the terms and conditions of the extension of
20 credit or security interest; exercising forbearance; exercising other
21 remedies that may be available under applicable law for the breach of a
22 term or condition of the extension of credit or security agreement; or
23 conducting in a non-negligent manner a remedial action directly or under
24 the direction of the department, if the actions do not rise to the level
25 of participating in management (within the meaning of subparagraphs (i)
26 and (ii) of this paragraph);
27 (v) the term "extension of credit" includes a lease finance trans-
28 action in which the lessor does not initially select such leased site
87 12334-02-0
1 and does not during the lease term control the daily operations or main-
2 tenance of such site; or that conforms with regulations issued by the
3 appropriate federal banking agency (as defined in 12 USC section 1813)
4 or the superintendent of banks or with regulations issued by the
5 National Credit Union Administrative Board, as appropriate;
6 (vi) the term "financial or administrative function" includes a func-
7 tion such as that of a credit manager, accounts payable officer,
8 accounts receivable officer, personal manager, comptroller, or chief
9 financial officer, or a similar function;
10 (vii) the terms "foreclosure" and "foreclose" mean, respectively,
11 acquiring and to acquire, such site through purchase at sale under a
12 judgement or decree, power of sale, or nonjudicial foreclosure sale; a
13 deed in lieu of foreclosure, or similar conveyance from a trustee; or
14 repossession, if such site was security for an extension of credit
15 previously contracted; conveyance pursuant to an extension of credit
16 previously contracted, including the termination of a lease agreement;
17 or any other formal or informal manner by which the person acquires, for
18 subsequent disposition, title to or possession of such site in order to
19 protect the security interest of the person;
20 (viii) the term "lender" means an insured depository institution (as
21 defined in 12 USC section 1813); an insured credit union (as defined in
22 12 USC section 1752); a bank or association chartered under the Farm
23 Credit Act of 1971 (12 U.S.C. 2001 et seq.); a leasing or trust company
24 that is an affiliate of an insured depository institution; any person
25 (including a successor or assignee of any such person) that makes a bona
26 fide extension of credit to or takes or acquires a security interest
27 from a nonaffiliated person; the Federal National Mortgage Association,
28 the Federal Home Loan Mortgage Corporation, the Federal Agricultural
88 12334-02-0
1 Mortgage Corporation, or any other entity that in a bona fide manner
2 buys or sells loans or interests in loans; a person that insures or
3 guarantees against a default in the repayment of an extension of credit,
4 or acts as a surety with respect to an extension of credit, to a nonaf-
5 filiated person; and a person that provides title insurance and that
6 acquires such site as a result of assignment or conveyance in the course
7 of underwriting claims and claims settlements;
8 (ix) the term "operational function" includes a function such as that
9 of a facility or plant manager, operations manager, chief operating
10 officer, or chief executive officer; and
11 (x) the term "security interest" includes a right under a mortgage,
12 deed of trust, assignment, judgment lien, pledge, security agreement,
13 factoring agreement, or lease and any other right accruing to a person
14 to secure the repayment of money, the performance of a duty, or any
15 other obligation by a nonaffiliated person.
16 b. Such term includes any person owning or operating an inactive
17 hazardous waste disposal site but does not include the state of New York
18 or a public corporation which acquired, and thereafter retained without
19 participating in the management of such site, ownership or control
20 involuntarily by virtue of its function as sovereign. Neither the state
21 of New York nor any public corporation shall incur under this chapter
22 any liability as to matters within the jurisdiction of the department as
23 a result of actions taken in response to an emergency created by the
24 release or threatened release of hazardous waste by another person,
25 provided that such actions by the state or public corporation did not
26 constitute reckless, willful, wanton or intentional misconduct. As used
27 in this paragraph:
89 12334-02-0
1 (i) "public corporation" means a public corporation as defined in the
2 general construction law;
3 (ii) "involuntary acquisition of ownership or control" includes but is
4 not limited to the following:
5 (A) acquisitions by the state or a public corporation in its capacity
6 as sovereign, including acquisitions pursuant to abandonment
7 proceedings, or escheat, or any other circumstance of involuntary acqui-
8 sition in its capacity as sovereign;
9 (B) acquisitions by the state or a public corporation, or its agent,
10 acting as a conservator or receiver pursuant to a clear and direct stat-
11 utory mandate or regulatory authority;
12 (C) acquisitions of assets through foreclosure and its equivalents, or
13 otherwise, by the state or a public corporation in the course of admin-
14 istering a loan, loan guarantee or loan insurance program;
15 (D) acquisitions by the state or a public corporation pursuant to
16 seizure or forfeiture authority; and
17 (E) acquisitions by the state or a public corporation as the result of
18 tax delinquency purposes, provided, that such ownership or control is
19 not retained primarily for investment purposes.
20 (iii) "management participation" means that the state or public corpo-
21 ration is actually participating in the management or operation of the
22 property but does not include the mere capacity to influence, ability to
23 influence or unexercised right to control the operation of the property.
24 Nothing contained in this paragraph affects the applicability of para-
25 graph a of this subdivision in favor of a holder of a security interest
26 according to the terms thereof.
27 c. Such term includes any person owning or operating an inactive
28 hazardous waste disposal site, including a fiduciary; provided, however,
90 12334-02-0
1 that such liability on the part of a fiduciary shall not exceed the
2 assets held in the fiduciary capacity if such person is not liable inde-
3 pendently of such person's ownership as a fiduciary or actions taken in
4 a fiduciary capacity including, but not limited to, the fiduciary negli-
5 gently causing or contributing to the release or threatened release of
6 hazardous waste at such site.
7 (i) For purposes of this paragraph:
8 (A) the term, "fiduciary," means a person acting for the benefit of
9 another party as a bona fide trustee; executor; administrator; custo-
10 dian; guardian of estates or guardian ad litem; receiver; conservator;
11 committee of estates of incapacitated persons; personal representative;
12 trustee (including a successor to a trustee) under an indenture agree-
13 ment, trust agreement, lease, or similar financing agreement, for debt
14 securities, certificates of interest or certificates of participation in
15 debt securities, or other forms of indebtedness as to which the trustee
16 is not, in the capacity of trustee, the lender; or representative in any
17 other capacity that the department, after providing public notice,
18 determines to be similar to the various capacities previously described
19 in this paragraph; and does not include either a person that is acting
20 as a fiduciary with respect to a trust or other fiduciary estate that
21 was organized for the primary purpose of, or is engaged in, actively
22 carrying on a trade or business for profit unless the trust or other
23 fiduciary estate was created as part of, or to facilitate, one or more
24 estate plans or because of the incapacity of a natural person or a
25 person that acquires ownership or control of a property with the objec-
26 tive purpose of avoiding liability of the person or any other person.
27 (B) the term, "fiduciary capacity," means the capacity of a person in
28 holding title to a property, or otherwise having control of or an inter-
91 12334-02-0
1 est in a property, pursuant to the exercise of the responsibilities of
2 the person as a fiduciary.
3 (ii) Nothing in this paragraph affects the rights or immunities or
4 other defenses that are available under law that is applicable to a
5 person subject to this subdivision; or creates any liability for a
6 person or a private right of action against a fiduciary or any other
7 person.
8 (iii) Nothing in this paragraph applies to a person if that person
9 acts in a capacity other than that of a fiduciary or in a beneficiary
10 capacity and in that capacity, directly or indirectly benefits from a
11 trust or fiduciary relationship; or is a beneficiary and a fiduciary
12 with respect to the same fiduciary estate and as a fiduciary, receives
13 benefits that exceed customary or reasonable compensation, and inci-
14 dental benefits, permitted under other applicable law.
15 d. Such term includes any person owning or operating an inactive
16 hazardous waste disposal site, including an industrial development
17 authority created under this chapter, other than one that holds bare
18 legal title to such site; has not participated with any party responsi-
19 ble under law for the remediation of contamination in, on, or from such
20 site to attempt to have such a party avoid its remedial liability; has
21 not exercised any contractual rights it may have or had, if any, under
22 the lease, guarantee, or any other financing agreement pursuant to which
23 the industrial development authority would assume control over the actu-
24 al operation of the site; and has not taken possession or control of the
25 site. Nothing in this paragraph affects the rights or immunities or
26 other defenses that are available under law that are applicable to an
27 industrial development authority; or creates any liability for a person
92 12334-02-0
1 or a private right of action against an industrial development authority
2 or any other person.
3 5. "Waste" means Õany garbage, refuse, sludge from a waste treatment
4 plant, water supply treatment plant, or air pollution control facility,
5 and other discarded material, whether or not such material may eventual-
6 ly be used for some other purpose, including solid, liquid, semisolid,
7 or contained gaseous material resulting from industrial, commercial,
8 mining and agricultural operations or from community activities, and
9 source, special nuclear or by-product material as defined in the Atomic
10 Energy Act of 1954, as amended, except as may be provided by existing
11 agreements between the state of New York and the government of the
12 United States, but does not include solid or dissolved material in
13 domestic sewage, or solid or dissolved materials in irrigation return
14 flows or industrial discharges which are point sources subject to
15 permits under article seventeen of the environmental conservation lawå
16 waste as that term is defined in section 27-1301 of the environmental
17 conservation law.
18 § 26. Subdivision 4 of section 1389-b of the public health law, as
19 added by chapter 282 of the laws of 1979, is amended to read as follows:
20 4. (a) Any order issued pursuant to subdivision three of this section,
21 other than one issued on consent of the person, shall be issued only
22 after notice and the opportunity for hearing is provided to the persons
23 who may be the subject of such order. The commissioner shall determine
24 which persons are responsible pursuant to said subdivision according to
25 applicable principles of statutory or common law liability. Such persons
26 shall be entitled to raise any statutory or common law defenses at any
27 such hearing and such defenses shall have the same force and effect at
28 such hearings as they would have in a court of law. In the event a hear-
93 12334-02-0
1 ing is held, no order shall be issued by the commissioner under subdivi-
2 sion three of this section until a final decision has been rendered. Any
3 such order shall be reviewable pursuant to article seventy-eight of the
4 civil practice law and rules within thirty days after service of said
5 order. The commissioner may request the participation of the attorney
6 general in such hearings.
7 (b) There shall be no liability under this section for a person other-
8 wise liable who can establish by a preponderance of the evidence that
9 the significant threat to the environment attributable to hazardous
10 waste disposed at an inactive hazardous waste disposal site was caused
11 solely by an act of God; an act of war; or an act or omission of a third
12 party other than an employee or agent of such person, or then one whose
13 act or omission occurs in connection with a contractual relationship,
14 existing directly or indirectly, with such person (except where the sole
15 contractual arrangement arises from a published tariff and acceptance
16 for carriage by a common carrier or rail), if such person establishes by
17 a preponderance of the evidence that such person exercised due care with
18 respect to the hazardous waste concerned, taking into consideration the
19 characteristics of such hazardous waste, in light of all relevant facts
20 and circumstances and took precautions against foreseeable acts or omis-
21 sions of any such third party and the consequences that could foresee-
22 ably result from such acts or omissions; or any combination of them. For
23 purposes of this paragraph, the term, "contractual relationship,"
24 includes, but is not limited to, land contracts, deeds or other instru-
25 ments transferring title or possession, unless the real property on
26 which the site concerned is located was acquired by such person after
27 the disposal or placement of the hazardous waste on, in, or at such
28 site, and such person establishes one or more of the circumstances
94 12334-02-0
1 described in subparagraph (i), (ii) or (iii) of this paragraph by a
2 preponderance of the evidence:
3 (i) At the time such person acquired the site such person did not know
4 and had no reason to know that any hazardous waste which is the subject
5 of the significant threat determination was disposed of on, in, or at
6 the site. To establish that such person has no reason to know, such
7 person must have undertaken, at the time of acquisition, all appropriate
8 inquiry into the previous ownership and uses of such site consistent
9 with good commercial or customary practice in an effort to minimize
10 liability. For purposes of the preceding sentence, the commissioner
11 shall take into account any specialized knowledge or experience on the
12 part of such person, the relationship of the purchase price to the value
13 of the property if uncontaminated, commonly known or reasonably ascer-
14 tainable information about the property, the obviousness of the presence
15 or likely presence of contamination at the property, and the ability to
16 detect such contamination by appropriate inspection; or
17 (ii) Such person is a government entity which acquired the site by
18 escheat, or through any other involuntary transfer or acquisition; or
19 (iii) Such person acquired the site by inheritance or bequest, and
20 that such person exercised due care with respect to the hazardous waste
21 concerned, taking into consideration the characteristics of such hazard-
22 ous waste, in light of all relevant facts and circumstances and took
23 precautions against foreseeable acts or omissions of any such third
24 party and the consequences that could foreseeably result from such acts
25 or omissions.
26 § 27. Section 1389-e of the public health law is REPEALED.
27 § 28. Section 316-b of the real property law is amended by adding a
28 new subdivision 3 to read as follows:
95 12334-02-0
1 3. Each recording officer shall record and index each declaration of
2 restriction or any other declaration of covenants that shall be recorded
3 under title fourteen of article twenty-seven of the environmental
4 conservation law or under any other provision of such law.
5 § 29. Subdivisions 1, 2, 3, 6, paragraph (a) of subdivision 12, subdi-
6 visions 13, 14 and 15 of section 97-b of the state finance law, subdivi-
7 sions 1, 2 and paragraph (f) of subdivision 3 as amended and paragraph
8 (g) as added by chapter 413 of the laws of 1996, paragraph (e) of subdi-
9 vision 3 as amended by chapter 9 of the laws of 1994, subdivision 6 as
10 amended by chapter 38 of the laws of 1985, paragraph (a) of subdivision
11 12 as amended by section 13 of part C of chapter 389 of the laws of 1997
12 and subdivision 3 as amended and subdivisions 13, 14 and 15 as added by
13 chapter 512 of the laws of 1986, are amended and two new subdivisions 16
14 and 17 are added to read as follows:
15 1. There is hereby established in the custody of the state comptroller
16 a nonlapsing revolving fund to be known as the "hazardous waste remedial
17 fund" which shall consist of a "site investigation and construction
18 account" Õandå, an "industry fee transfer account," Õandå an "environ-
19 mental restoration project account," and a "hazardous waste cleanup
20 account".
21 2. Such fund shall consist of all of the following:
22 (a) all moneys Õappropriated for transferå transferred to the fund's
23 site investigation and construction account; (b) all fines and other
24 sums accumulated in the fund prior to April first, nineteen hundred
25 eighty-eight pursuant to section 71-2725 of the environmental conserva-
26 tion law for deposit in the fund's site investigation and construction
27 account; (c) Õall moneys collected or received by the department of
28 taxation and finance pursuant to section 27-0923 of the environmental
96 12334-02-0
1 conservation law for deposit in the fund's industry fee transfer
2 account; (d) all moneys paid into the fund pursuant to section 72-0201
3 of the environmental conservation law which shall be deposited in the
4 fund's industry fee transfer account; (e)å all moneys paid into the fund
5 pursuant to section one hundred eighty-six of the navigation law which
6 shall be deposited in the fund's industry fee transfer account; Õ(f)å
7 (d) all moneys paid into the fund by municipalities for repayment of
8 landfill closure loans made pursuant to former title five of article
9 fifty-two of the environmental conservation law for deposit in the
10 fund's site investigation and construction account; Õ(g)å (e) all monies
11 recovered under section 56-0507 of the environmental conservation law
12 into the fund's environmental restoration project account; Õand (h)å (f)
13 all monies transferred from the remedial program transfer fund, created
14 pursuant to subdivision five of section ninety-seven-uuu of the state
15 finance law, to the fund's hazardous waste cleanup account; and (g)
16 other moneys credited or transferred thereto from any other fund or
17 source for deposit in the fund's site investigation and construction
18 account.
19 3. Moneys of the hazardous waste remedial fund except monies in the
20 industry fee transfer account, when allocated, shall be available to
21 Õthe department of environmental conservationå all state departments and
22 agencies for the following purposes:
23 (a) inactive hazardous waste disposal site remedial programs pursuant
24 to section 27-1313 of the environmental conservation law and section
25 thirteen hundred eighty-nine-b of the public health law;
26 (b) cleaning up or restoring to its original state any area where
27 hazardous wastes were disposed of or possessed unlawfully in violation
28 of article twenty-seven of the environmental conservation law. For the
97 12334-02-0
1 purposes of this section "the original state of the area" shall mean the
2 reasonably ascertainable condition of the property immediately prior to
3 the unlawful disposal or, if it is impracticable to determine such
4 condition, then it is the reasonable environmentally sound condition of
5 the area;
6 (c) inactive hazardous waste site identification, classification and
7 investigation actions including testing, analyses, record searches and
8 other expenditures necessary to develop the state inactive hazardous
9 waste disposal site remedial plan required pursuant to section 27-1305
10 of the environmental conservation law;
11 (d) financing the non-federal share of the cost of clean up, and site
12 remediation activities as well as post-closure operation and maintenance
13 costs, pursuant to the federal Comprehensive Environmental Response,
14 Compensation and Liability Act of 1980;
15 (e) emergency response action to clean up spills or abate other public
16 health or environmental hazards involving hazardous wastes except those
17 provided for under the New York state environmental protection and spill
18 compensation fund;
19 (f) Õthe study of hazardous substance waste disposal sites pursuant to
20 section 27-1316 of the environmental conservation law and section one
21 thousand three hundred eighty-nine-e of the public health law; and
22 (g)å to undertake such remedial measures as the department of environ-
23 mental conservation may determine necessary due to environmental condi-
24 tions related to the property subject to an agreement to provide state
25 assistance under title five of article fifty-six of the environmental
26 conservation law that were unknown to such department at the time of its
27 approval of such agreement which indicates that conditions on such prop-
28 erty are not sufficiently protective of human health for its reasonably
98 12334-02-0
1 anticipated uses or due to information received, in whole or in part,
2 after such department's approval of such agreement's final engineering
3 report and certification, which indicates that such agreement's remedial
4 activities are not sufficiently protective of human health for such
5 property's reasonably anticipated uses; and, respecting the monies in
6 the environmental restoration project account in excess of ten million
7 dollars, shall provide state assistance under title five of article
8 fifty-six of the environmental conservation law;
9 (g) with respect to moneys in the hazardous waste cleanup account, to
10 pay the reasonable costs incurred by the state in overseeing implementa-
11 tion of voluntary agreements and conducting state remediation actions
12 under title fourteen of article twenty-seven of the environmental
13 conservation law;
14 (h) with respect to moneys in the hazardous waste cleanup account, to
15 provide state assistance pursuant to section nine hundred seventy-r of
16 the general municipal law.
17 6. The commissioner of the department of environmental conservation
18 shall make all reasonable efforts to recover the full amount of any
19 funds expended from the fund pursuant to paragraph (a) of subdivision
20 three of this section through litigation or cooperative agreements with
21 responsible persons. Any and all moneys recovered or reimbursed pursuant
22 to this section through voluntary agreements or court orders shall be
23 deposited with the comptroller and credited to the account of such fund
24 from which such expenditures were made; provided, however, that any
25 moneys recovered or reimbursed for funds expended from the hazardous
26 waste cleanup account shall be deposited in the remedial program trans-
27 fer fund.
99 12334-02-0
1 (a) The comptroller shall, on July first, nineteen hundred eighty-
2 eight and on each succeeding July first until such time as the
3 surcharges required pursuant to subdivision fourteen of this section are
4 imposed, estimate the amount of revenues to be received by the industry
5 fee transfer account of this fund in the next succeeding twenty months
6 and the transfers which will be required to be made during the same
7 period. When calculating the estimate of industry fee transfer account
8 revenues available for the purpose of certifying, pursuant to this
9 subdivision, when such account's balance will be insufficient to make
10 the transfer required by subdivision eleven of this section, the comp-
11 troller shall add to the amount estimated to actually be available an
12 additional credit factor as determined by paragraph (b) of this subdivi-
13 sion. If the comptroller determines that the industry fee transfer
14 account will, at any time during the succeeding twenty month period,
15 lack sufficient funds to make the transfer required by subdivision elev-
16 en of this section, the comptroller shall so certify to the Õstate super
17 fund management board, created pursuant to section 27-1319 of the envi-
18 ronmental conservation law, and to theå governor and the legislature.
19 13. ÕUpon the receipt of a certification provided pursuant to subdivi-
20 sion twelve of this section, the state superfund management board shall
21 review and analyze the historical pattern of revenue received by the
22 industry fee transfer account and the long term projection of future
23 transfers from such account, and shall report on or before December
24 first of such year to the governor and the legislature its recommenda-
25 tions, if any, as to the sources of additional revenues which could be
26 used to supplement the revenues to be received by such fund in order to
27 achieve the equal sharing of debt service costs as implemented in subdi-
28 vision nine of this section.
100 12334-02-0
1 14.å In the absence of further direction by law, effective April first
2 of the fiscal year immediately following the certification by the comp-
3 troller made pursuant to subdivision twelve of this section, surcharges
4 in the following amount shall be imposed: (a) twenty-five percent of the
5 fees imposed by sections 72-0402 and 72-0502 of the environmental
6 conservation law. Notwithstanding any other provision of law to the
7 contrary, moneys collected from such surcharge shall be deposited in
8 their entirety to the industry fee transfer account established pursuant
9 to subdivision one of this section; (b) fifty percent of the fees
10 imposed by section 27-0923 of the environmental conservation law, except
11 for those fees contained in paragraphs b and c of subdivision one, and
12 paragraph b of subdivision two of such section, which shall be exempt
13 from such surcharge. Moneys collected from such surcharge shall be
14 deposited to the industry fee transfer account established pursuant to
15 subdivision one of this section.
16 Õ15.å 14. On and after the date of such certification, the comptroller
17 shall maintain records with respect to such account to reflect each
18 unpaid transfer for the period during which it is unpaid. On and after
19 such date, any deposits in the industry fee transfer account shall be
20 immediately transferred to the general fund of the state until an amount
21 equal to the total of any unpaid transfers and accumulated interest
22 shall have been transferred to the general fund.
23 15. The comptroller shall, on the first day of July succeeding the
24 state fiscal year during which the bonds and notes issued under the
25 environmental quality bond act of nineteen hundred eighty-six to finance
26 the cleanup of inactive hazardous waste disposal sites in aggregate
27 exceed ninety-five percent of the amount authorized pursuant to such
28 bond act, estimate the total debt service of such bonds and notes. The
101 12334-02-0
1 comptroller shall also estimate the state fiscal year in which the sum
2 of the transfers required by subdivision eleven of this section and the
3 additional credit factor as determined by paragraph (b) of subdivision
4 twelve of this section exceeds fifty percent of the estimated debt
5 service for such bonds and notes. The comptroller shall certify to the
6 governor and the legislature the estimated state fiscal year when fifty
7 percent of such estimated debt service will be exceeded.
8 16. Notwithstanding any law to the contrary, effective April first of
9 the state fiscal year succeeding the state fiscal year certified in
10 subdivision fifteen of this section, all moneys currently deposited in
11 the industry fee transfer account of the hazardous waste remedial fund
12 pursuant to subdivision two of this section shall be deposited in the
13 remedial program transfer fund. Further, effective April first of the
14 state fiscal year following such certification, subdivisions thirteen
15 and fourteen of this section shall be deemed repealed.
16 17. Notwithstanding any law to the contrary, and in accordance with
17 section four of the state finance law, the comptroller is hereby author-
18 ized and directed, upon the request of the director of the budget, to
19 transfer moneys from the site investigation and construction account of
20 the hazardous waste remedial fund to the hazardous waste cleanup account
21 of the hazardous waste remedial fund.
22 § 30. The state finance law is amended by adding a new section 97-uuu
23 to read as follows:
24 § 97-uuu. Remedial program transfer fund. 1. There is hereby estab-
25 lished in the joint custody of the comptroller and the commissioner of
26 taxation and finance a special fund to be known as the remedial program
27 transfer fund.
28 2. Such fund shall consist of all of the following:
102 12334-02-0
1 (a) registration fees collected pursuant to subdivision two of section
2 17-1009 of the environmental conservation law for deposit in this fund;
3 (b) all license fees, fines and penalties collected pursuant to para-
4 graph (b) of subdivision one and paragraph (a) of subdivision four of
5 section one hundred seventy-four of the navigation law, penalties
6 collected pursuant to paragraphs (b) and (c) of subdivision four of
7 section one hundred seventy-four-a of the navigation law, moneys
8 collected pursuant to section one hundred eighty-seven of the navigation
9 law, and all penalties collected pursuant to section one hundred nine-
10 ty-two of the navigation law;
11 (c) all penalties collected pursuant to paragraph (c) of subdivision
12 one and paragraph (b) of subdivision four of section one hundred seven-
13 ty-four of the navigation law effective April first of the state fiscal
14 year succeeding the state fiscal year certified in subdivision fifteen
15 of section ninety-seven-b of this article;
16 (d) moneys recovered pursuant to subdivision six of section ninety-
17 seven-b of this article for deposit in this fund;
18 (e) all fees paid into the fund pursuant to paragraph b of subdivision
19 one of section 72-0201 of the environmental conservation law;
20 (f) all moneys collected or received by the department of taxation and
21 finance pursuant to section 27-0923 of the environmental conservation
22 law;
23 (g) all moneys paid into the fund pursuant to subdivision sixteen of
24 section ninety-seven-b of this article;
25 (h) all fees paid into the fund pursuant to section 72-0403 of the
26 environmental conservation law;
27 (i) all moneys paid into the fund pursuant to section 27-1415 of the
28 environmental conservation law;
103 12334-02-0
1 (j) other moneys credited or transferred thereto from any other fund
2 or source for deposit in the fund;
3 (k) all interest accrued on any such moneys deposited into the fund;
4 and
5 (l) all moneys paid pursuant to subdivision ten of section 27-1313 of
6 the environmental conservation law and subdivision one of section one
7 hundred eighty-one of the navigation law.
8 3. Notwithstanding any law to the contrary, and in accordance with
9 section four of this chapter, the comptroller is hereby authorized and
10 directed, upon the request of the director of the budget, for each state
11 fiscal year to transfer from the general fund to this fund up to an
12 amount equivalent to the projected amount of moneys to be deposited or
13 transferred into this fund pursuant to subdivision two of this section
14 for each such state fiscal year.
15 4. Revenues in the remedial program transfer fund shall be kept sepa-
16 rate and shall not be commingled with any other moneys in the custody of
17 the comptroller. All deposits of such revenues shall, if required by the
18 comptroller, be secured by obligations of the United States or of the
19 state having a market value equal at all times to the amount of such
20 deposits and all banks and trust companies are authorized to give secu-
21 rity for such deposits. Any such revenues in such fund may, upon the
22 discretion of the comptroller, be invested in obligations in which the
23 comptroller is authorized to invest pursuant to section ninety-eight of
24 this article.
25 5. Notwithstanding any law to the contrary, and in accordance with
26 section four of this chapter, the comptroller is hereby authorized and
27 directed, upon the request of the director of the budget, to transfer
28 moneys deposited in the remedial program transfer fund, and interest
104 12334-02-0
1 accrued thereon, to the environmental protection and oil spill compen-
2 sation fund or to the hazardous waste cleanup account of the hazardous
3 waste remedial fund.
4 § 31. Paragraph (a) of subdivision 2 of section 179 of the navigation
5 law, as amended by chapter 83 of the laws of 1995, is amended and a new
6 subdivision 3 is added to read as follows:
7 (a) An account which shall be credited with all license fees and
8 penalties collected pursuant to paragraph (b) of subdivision one and
9 paragraph (a) of subdivision four of section one hundred seventy-four of
10 this article, penalties collected pursuant to paragraph (b) of subdivi-
11 sion four of section one hundred seventy-four-a of this article, money
12 collected pursuant to section one hundred eighty-seven of this article,
13 all penalties collected pursuant to section one hundred ninety-two of
14 this article, all moneys transferred from the remedial program transfer
15 fund pursuant to subdivision five of section ninety-seven-uuu of the
16 state finance law for deposit in the New York environmental protection
17 and spill compensation fund and registration fees collected pursuant to
18 subdivision two of section 17-1009 of the environmental conservation
19 law.
20 3. Notwithstanding any general or special law to the contrary, all
21 monies collected pursuant to paragraph (b) of subdivision one and para-
22 graph (a) of subdivision four of section one hundred seventy-four of
23 this article, penalties collected pursuant to paragraph (c) of subdivi-
24 sion one and paragraph (b) of subdivision four of section one hundred
25 seventy-four of this article effective April first of the state fiscal
26 year succeeding the state fiscal year certified in subdivision fifteen
27 of section ninety-seven-b of the state finance law, penalties collected
28 pursuant to paragraphs (b) and (c) of subdivision four of section one
105 12334-02-0
1 hundred seventy-four-a of this article, money collected pursuant to
2 section one hundred eighty-seven of this article, all penalties
3 collected pursuant to section one hundred ninety-two of this article,
4 and registration fees collected pursuant to subdivision two of section
5 17-1009 of the environmental conservation law shall be deposited in the
6 remedial program transfer fund in the fiscal year beginning April first,
7 two thousand one, and for each fiscal year thereafter.
8 § 32. Subdivision 2 of section 17-1009 of the environmental conserva-
9 tion law, as amended by chapter 83 of the laws of 1995, is amended to
10 read as follows:
11 2. All owners shall register the facility with the department. The
12 department is authorized to assess a fee according to a schedule based
13 on the size and type of facility, not to exceed Õtwo hundred fiftyå five
14 hundred dollars per facility. Such fee shall be paid at the time of
15 registration or registration renewal. Registration shall be renewed
16 every five years or whenever title to a facility is transferred, which-
17 ever occurs first. All fees collected pursuant to this subdivision
18 shall be deposited in the New York environmental and spill compensation
19 fund established pursuant to section one hundred seventy-nine of the
20 navigation lawÕ.å; provided, however, that such fees shall be deposited
21 in the remedial program transfer fund in the fiscal year beginning April
22 first, two thousand one, and for each fiscal year thereafter. The owner
23 must submit with each application for registration or registration
24 renewal, a five-year fee as follows:
25 Combined Storage Capacity at Facility 5- Year Fee
26 Greater than 1,000 to 2,000 gallons $100 per facility
27 Greater than 2,000 gallons to $300 per facility
28 Less than 5,000 gallons
106 12334-02-0
1 5,000 gallons to less than 400,000 gallons $500 per facility
2 § 33. Subdivision 3 of section 362 of chapter 83 of the laws of 1995
3 amending the state finance law and other laws relating to bonds, notes
4 and revenues, as amended by section 2 of part E of chapter 413 of the
5 laws of 1999, is amended to read as follows:
6 3. Sections fifteen through seventeen of this act shall take effect
7 immediately and shall be deemed to have been in full force and effect on
8 and after April 1, 1995 Õ, and shall expire and be deemed repealed April
9 1, 2004å;
10 § 34. Paragraph b of subdivision 1 of section 71-2725 of the environ-
11 mental conservation law, as amended by chapter 60 of the laws of 1993,
12 is amended to read as follows:
13 b. All penalties and fines collected pursuant to sections 71-2705,
14 71-2721 and 71-2723 of this title shall be paid Õinto the general fund
15 to the credit of the state purposes accountå to the credit of the reme-
16 dial program transfer fund established by section ninety-seven-uuu of
17 the state finance law.
18 § 35. Paragraph b of subdivision 1, subdivision 9 and paragraph a of
19 subdivision 11 of section 72-0201 of the environmental conservation law,
20 paragraph b of subdivision 1 and subdivision 9 as added by chapter 38 of
21 the laws of 1985 and paragraph a of subdivision 11 as amended by section
22 24 of part A of chapter 58 of the laws of 1998, are amended and a new
23 paragraph e of subdivision 1 is added to read as follows:
24 b. Notwithstanding any general or special law to the contrary, one-
25 half of all monies collected by the department pursuant to section
26 72-0402 and section 72-0502 of this article shall be deposited in the
27 Õhazardous wasteå remedial program transfer fund, created pursuant to
28 section Õninety-seven-bå ninety-seven-uuu of the state finance law.
107 12334-02-0
1 e. Notwithstanding any general or special law to the contrary, all
2 monies collected by the department pursuant to section 72-0403 of this
3 article shall be deposited in the remedial program transfer fund estab-
4 lished pursuant to section ninety-seven-uuu of the state finance law.
5 9. a. In the event a penalty or interest is collected pursuant to
6 subdivision five or six of this section for fees due under section
7 72-0402, or section 72-0502 of this article, one-half of the penalty or
8 interest shall be deposited by the department in the Õhazardous wasteå
9 remedial program transfer fund.
10 b. In the event a penalty or interest is collected pursuant to subdi-
11 vision five or six of this section for fees due under section 72-0403 of
12 this article, such penalty or interest shall be deposited in the remedi-
13 al program transfer fund.
14 a. All fees collected pursuant to this article Õexcept fees collected
15 pursuant to paragraphs b, c and d of subdivision one of this sectionå
16 shall be paid into the environmental conservation special revenue fund
17 to the credit of the environmental regulatory account, unless herein
18 provided otherwise.
19 § 36. The environmental conservation law is amended by adding a new
20 section 72-0403 to read as follows:
21 § 72-0403. Remedial program surcharges.
22 1. All generators shall submit annually to the department a fee in the
23 amount to be determined as follows:
24 a. Four thousand dollars for generators of equal to or greater than
25 fifteen tons per year and less than or equal to twenty-five tons per
26 year of hazardous waste;
108 12334-02-0
1 b. Nine thousand dollars for generators of greater than twenty-five
2 tons per year and less than or equal to fifty tons per year of hazardous
3 waste;
4 c. Fourteen thousand dollars for generators of greater than fifty tons
5 per year and less than or equal to seventy-five tons per year of hazard-
6 ous waste;
7 d. Nineteen thousand dollars for generators of greater than seventy-
8 five tons per year and less than or equal to one hundred tons per year
9 of hazardous waste;
10 e. Twenty-four thousand dollars for generators of greater than one
11 hundred tons per year and less than or equal to five hundred tons per
12 year of hazardous waste;
13 f. Eighty thousand dollars for generators of greater than five hundred
14 tons per year and less than or equal to one thousand tons per year of
15 hazardous waste;
16 g. Eighty-five thousand dollars for generators of greater than one
17 thousand tons per year and less than or equal to two thousand tons per
18 year of hazardous waste;
19 h. One hundred ten thousand dollars for generators of greater than two
20 thousand tons per year and less than or equal to three thousand tons per
21 year of hazardous waste;
22 i. One hundred thirty-five thousand dollars for generators of greater
23 than three thousand tons per year and less than or equal to five thou-
24 sand tons per year of hazardous waste;
25 j. One hundred sixty thousand dollars for generators of greater than
26 five thousand tons per year and less than or equal to ten thousand tons
27 per year of hazardous waste;
109 12334-02-0
1 k. Three hundred sixty thousand dollars for generators of greater than
2 ten thousand tons per year of hazardous waste;
3 l. Six thousand dollars for generators of equal to or greater than
4 fifteen tons per year of hazardous wastewater, payable in addition to
5 the fees for hazardous wastes, other than wastewater, as required by
6 this subdivision.
7 2. No fee shall be payable for waste resulting from services which are
8 provided:
9 a. under a contract with the department, or with the department's
10 approval and in compliance with department regulations, or pursuant to
11 an order of the department, the United States environmental protection
12 agency or a court, related to the cleanup or remediation of a hazardous
13 materials or hazardous waste spill, discharge, or surficial cleanup,
14 pursuant to this chapter, other than section 27-1313 of this chapter or
15 a removal action pursuant to the Comprehensive Environmental Response,
16 Compensation and Liability Act (42 U.S.C. 9601 et seq.); or
17 b. under a contract for, or with the department's approval and in
18 compliance with department regulations for, the cleanup and removal of a
19 petroleum spill or discharge, pursuant to subdivision seven of section
20 one hundred seventy-six of the navigation law; or
21 c. under the order of a court, the department or the department of
22 health, or the United States environmental protection agency related to
23 an inactive hazardous waste disposal site pursuant to section 27-1313 of
24 this chapter, section thirteen hundred eighty-nine-b of the public
25 health law, or the Comprehensive Environmental Response, Compensation
26 and Liability Act (42 U.S.C. 9601 et seq.); or
27 d. voluntarily and without expectation of monetary compensation in
28 accordance with subdivision one of section 27-1321 of this chapter; or
110 12334-02-0
1 e. under permit or order requiring corrective action pursuant to title
2 nine of article twenty-seven of this chapter or the Resource Conserva-
3 tion and Recovery Act (42 U.S.C. 6901 et seq.).
4 § 37. Paragraph b of subdivision 4 of section 27-0923 of the environ-
5 mental conservation law, as added by chapter 38 of the laws of 1985, is
6 amended to read as follows:
7 b. All moneys collected or received by the department of taxation and
8 finance pursuant to this section shall be deposited daily to the credit
9 of the comptroller with such responsible banks, banking houses or trust
10 companies as may be designated by the comptroller. Such deposits shall
11 be kept separate and apart from all other moneys in the possession of
12 the comptroller. The comptroller shall require adequate security from
13 all such depositories. Of the revenues collected under this section, the
14 comptroller shall retain in his hands such amounts as the commissioner
15 of taxation and finance may determine to be necessary for refunds under
16 this section and the comptroller shall pay any refunds to which those
17 liable for special assessments shall be entitled under the provisions of
18 this section. The comptroller, after reserving the amount to pay such
19 refunds, shall, on or before the tenth day of each month, pay all
20 special assessments, interest and penalties collected under this section
21 and remaining to his credit in such banks, banking houses or trust
22 companies at the close of business on the last day of the preceding
23 month into the Õhazardous wasteå remedial program transfer fund created
24 pursuant to section Õninety-seven-bå ninety-seven-uuu of the state
25 finance law. Within thirty days after each quarterly reporting date, the
26 comptroller shall certify the amount of special assessments under this
27 section deposited in the Õhazardous wasteå remedial program transfer
28 fund during the preceding quarter and the cumulative amount collected
111 12334-02-0
1 since the start of the current calendar year, and shall submit such
2 certification to the governor and the chairman of the senate finance
3 committee and the chairman of the assembly ways and means committee.
4 § 38. Intentionally omitted.
5 § 39. The tax law is amended by adding a new section 21 to read as
6 follows:
7 § 21. Brownfield redevelopment tax credit. (a) Allowance of credit.
8 (1) General. A taxpayer subject to tax under article nine, nine-A, twen-
9 ty-two, thirty-two or thirty-three of this chapter shall be allowed a
10 credit against such tax, pursuant to the provisions referenced in subdi-
11 vision (e) of this section. Such credit shall be allowed with respect
12 to a qualified site, as such term is defined in paragraph one of subdi-
13 vision (b) of this section. The amount of the credit shall be the sum of
14 the credit components specified in paragraphs two and three of this
15 subdivision.
16 (2) Site preparation credit component. The site preparation credit
17 component shall be equal to the applicable percentage of the site prepa-
18 ration costs paid or incurred by the taxpayer with respect to a quali-
19 fied site. The credit component amount so determined with respect to a
20 site's qualification for a remediation certificate shall be allowed for
21 the taxable year in which the effective date of the remediation certif-
22 icate occurs. The credit component amount determined other than with
23 respect to such qualification shall be allowed for the taxable year in
24 which the improvement to which the applicable costs apply is placed in
25 service.
26 (3) Tangible property credit component. The tangible property credit
27 component shall be equal to the applicable percentage of the cost or
28 other basis for federal income tax purposes of tangible personal proper-
112 12334-02-0
1 ty and other tangible property, including buildings and structural
2 components of buildings, which constitute qualified tangible property.
3 The credit component amount so determined shall be allowed for the taxa-
4 ble year in which such qualified tangible property is placed in service
5 on a qualified site with respect to which a remediation certificate has
6 been issued to the taxpayer. The tangible property credit component
7 shall be allowed with respect to property leased to a second party only
8 if such second party is either (i) not a party responsible for the
9 disposal of hazardous waste or the discharge of petroleum at the site
10 according to applicable principles of statutory or common law liability,
11 or (ii) a party responsible according to applicable principles of statu-
12 tory or common law liability if such party's liability arises solely
13 from operation of the site subsequent to the disposal of hazardous waste
14 or the discharge of petroleum, and is so certified by the commissioner
15 of environmental conservation at the request of the taxpayer, pursuant
16 to section 27-1413 of the environmental conservation law. Notwithstand-
17 ing any other provision of law to the contrary, in the case of allowance
18 of credit under this section to such a lessor, the commissioner shall
19 have the authority to reveal to such lessor any information, with
20 respect to the issue of qualified use of property by the lessee, which
21 is the basis for the denial in whole or in part, or for the recapture,
22 of the credit claimed by such lessor.
23 (4) Applicable percentage. For purposes of paragraphs two and three
24 of this subdivision, the applicable percentage shall be ten percent in
25 the case of credits claimed under article nine, nine-A, thirty-two or
26 thirty-three, and eight percent in the case of credits claimed under
27 article twenty-two, of this chapter. Provided, however, as provided in
28 section 27-1413 of the environmental conservation law, if the remedi-
113 12334-02-0
1 ation certificate indicates that the soil on the qualified site has been
2 remediated to soil category 1 as that term is described in paragraph a
3 of subdivision three of section 27-1316 of the environmental conserva-
4 tion law, the applicable percentage shall be twelve percent in the case
5 of credits claimed under article nine, nine-A, thirty-two or thirty-
6 three, and ten percent in the case of credits claimed under article
7 twenty-two, of this chapter.
8 (b) Definitions. As used in this section, the following terms shall
9 have the following meanings:
10 (1) Qualified site. A "qualified site" is a site with respect to which
11 a remediation certificate has been issued to the taxpayer by the commis-
12 sioner of environmental conservation pursuant to section 27-1413 of the
13 environmental conservation law.
14 (2) Site preparation costs. The term "site preparation costs" shall
15 mean all amounts properly chargeable to capital account, under generally
16 accepted accounting principles, (i) which are paid or incurred in
17 connection with a site's qualification for a remediation certificate,
18 and (ii) all other site preparation costs paid or incurred in connection
19 with preparing a site for the erection of a building or a component of a
20 building, or otherwise to establish a site as usable for its industrial,
21 commercial (including the commercial development of residential hous-
22 ing), recreational or conservation purposes. Site preparation costs
23 shall include, but not be limited to, the costs of excavation, temporary
24 electric wiring, scaffolding, demolition costs, and the costs of fencing
25 and security facilities. Site preparation costs shall not include the
26 cost of acquiring the site and shall not include amounts included in the
27 cost or other basis for federal income tax purposes of qualified tangi-
28 ble property, as described in paragraph three of this subdivision.
114 12334-02-0
1 (3) Qualified tangible property. "Qualified tangible property" is
2 property which:
3 (A) is depreciable pursuant to section one hundred sixty- seven of the
4 internal revenue code,
5 (B) has a useful life of four years or more,
6 (C) has been acquired by purchase as defined in section one hundred
7 seventy-nine(d) of the internal revenue code,
8 (D) has a situs on a qualified site in this state,
9 (E) is principally used by the taxpayer for industrial, commercial,
10 recreational or environmental conservation purposes (including the
11 commercial development of residential housing), and
12 (F) is placed in service within three years following the issuance of
13 a remediation certificate with respect to such qualified site.
14 (4) Remediation certificate. The term "remediation certificate" shall
15 refer to the certificate so denominated which is issued by the commis-
16 sioner of environmental conservation pursuant to section 27-1413 of the
17 environmental conservation law.
18 (5) Corporate new business. A "corporate new business" shall include
19 any corporation, except a corporation:
20 (A) over fifty percent of the number of shares of stock of which enti-
21 tling the holders thereof to vote for the election of directors or trus-
22 tees is owned or controlled, either directly or indirectly, by a taxpay-
23 er subject to tax under article nine-A; section one hundred
24 eighty-three, one hundred eighty-four, one hundred eighty-five or one
25 hundred eighty-six of article nine; article thirty-two or thirty-three
26 of this chapter; or
27 (B) which is substantially similar in operation and in ownership to a
28 business entity (or entities) taxable, or previously taxable, under
115 12334-02-0
1 article nine-A; section one hundred eighty-three, one hundred eighty-
2 four, one hundred eighty-five or one hundred eighty-six of article nine;
3 article thirty-two or thirty-three of this chapter; article twenty-three
4 of this chapter or which would have been subject to tax under such arti-
5 cle twenty-three (as such article was in effect on January first, nine-
6 teen hundred eighty) or the income (or losses) of which is (or was)
7 includable under article twenty-two of this chapter whereby the intent
8 and purpose of this paragraph and the applicable provision of this chap-
9 ter relating to refunding of credit to new business would be evaded; or
10 (C) which has been subject to tax under the article or section with
11 respect to which the credit provided for under this section is claimed
12 for more than four taxable years (excluding short taxable years) prior
13 to the taxable year during which the taxpayer first becomes eligible for
14 such credit.
15 (c) Property which qualifies for the credit provided for under this
16 section and also for a credit provided for (1) under either subdivision
17 twelve or subdivision twelve-B of section two hundred ten of this chap-
18 ter, or both, (2) subsection (a) or subsection (j) of section six
19 hundred six of this chapter, or both, or (3) the credit provided for
20 under subsection (i) of section fourteen hundred fifty-six of this chap-
21 ter, may be the basis for either the credit provided for under this
22 section or one of the credits enumerated in paragraph one, two or three
23 of this subdivision, but not both.
24 (d)(1) With respect to qualified tangible property which is deprecia-
25 ble pursuant to section one hundred sixty-seven of the internal revenue
26 code but is not subject to the provisions of section one hundred sixty-
27 eight of such code and which is disposed of or ceases to be in qualified
28 use prior to the end of the taxable year in which the credit is to be
116 12334-02-0
1 taken, the amount of the credit shall be that portion of the credit
2 provided for in this subdivision which represents the ratio which the
3 months of qualified use bear to the months of useful life. If property
4 on which credit has been taken is disposed of or ceases to be in quali-
5 fied use prior to the end of its useful life, the difference between the
6 credit taken and the credit allowed for actual use must be added back in
7 the year of disposition. Provided, however, if such property is disposed
8 of or ceases to be in qualified use after it has been in qualified use
9 for more than twelve consecutive years, it shall not be necessary to add
10 back the credit as provided in this paragraph. The amount of credit
11 allowed for actual use shall be determined by multiplying the original
12 credit by the ratio which the months of qualified use bear to the months
13 of useful life. For purposes of this paragraph, useful life of property
14 shall be the same as the taxpayer uses for depreciation purposes when
15 computing his federal income tax liability.
16 (2) Except with respect to that property to which paragraph four of
17 this subdivision applies, with respect to qualified tangible property
18 which is three-year property, as defined in subsection (e) of section
19 one hundred sixty-eight of the internal revenue code, which is disposed
20 of or ceases to be in qualified use prior to the end of the taxable year
21 in which the credit is to be taken, the amount of the credit shall be
22 that portion of the credit provided for in this section which represents
23 the ratio which the months of qualified use bear to thirty-six. If prop-
24 erty on which credit has been taken is disposed of or ceases to be in
25 qualified use prior to the end of thirty-six months, the difference
26 between the credit taken and the credit allowed for actual use must be
27 added back in the year of disposition. The amount of credit allowed for
117 12334-02-0
1 actual use shall be determined by multiplying the original credit by the
2 ratio which the months of qualified use bear to thirty-six.
3 (3) Except with respect to that property to which paragraph four of
4 this subdivision applies, with respect to qualified tangible property
5 which is subject to the provisions of section one hundred sixty-eight of
6 the internal revenue code other than three-year property as defined in
7 subsection (e) of such section one hundred sixty-eight which is disposed
8 of or ceases to be in qualified use prior to the end of the taxable year
9 in which the credit is to be taken, the amount of the credit shall be
10 that portion of the credit provided for in this section which represents
11 the ratio which the months of qualified use bear to sixty. If property
12 on which credit has been taken is disposed of or ceases to be in quali-
13 fied use prior to the end of sixty months, the difference between the
14 credit taken and the credit allowed for actual use must be added back in
15 the year of disposition. The amount of credit allowed for actual use
16 shall be determined by multiplying the original credit by the ratio
17 which the months of qualified use bear to sixty.
18 (4) With respect to any qualified tangible property to which section
19 one hundred sixty-eight of the internal revenue code applies, which is a
20 building or a structural component of a building and which is disposed
21 of or ceases to be in qualified use prior to the end of the taxable year
22 in which the credit is to be taken, the amount of the credit shall be
23 that portion of the credit provided for in this section which represents
24 the ratio which the months of qualified use bear to the total number of
25 months over which the taxpayer chooses to deduct the property under the
26 internal revenue code. If property on which credit has been taken is
27 disposed of or ceases to be in qualified use prior to the end of the
28 period over which the taxpayer chooses to deduct the property under the
118 12334-02-0
1 internal revenue code, the difference between the credit taken and the
2 credit allowed for actual use must be added back in the year of disposi-
3 tion. Provided, however, if such property is disposed of or ceases to be
4 in qualified use after it has been in qualified use for more than twelve
5 consecutive years, it shall not be necessary to add back the credit as
6 provided in this paragraph. The amount of credit allowed for actual use
7 shall be determined by multiplying the original credit by the ratio
8 which the months of qualified use bear to the total number of months
9 over which the taxpayer chooses to deduct the property under the inter-
10 nal revenue code.
11 (e) Cross-references. For application of the credit provided for in
12 this section, see the following provisions of this chapter:
13 (1) Article 9: Section 187-f
14 (2) Article 9-A: Section 210, subdivision (33)
15 (3) Article 22: Section 606, subdivisions (i) and (aa)
16 (4) Article 32: Section 1456, subdivision (k)
17 (5) Article 33: Section 1511, subdivision (q).
18 § 40. The tax law is amended by adding a new section 187-f to read as
19 follows:
20 § 187-f. Brownfield redevelopment tax credit. 1. Allowance of credit.
21 A taxpayer shall be allowed a credit, to be computed as provided in
22 section twenty-one of this chapter, against the taxes imposed by
23 sections one hundred eighty-three, one hundred eighty-four, one hundred
24 eighty-five and one hundred eighty-six of this article. Provided, howev-
25 er, that the amount of such credit allowable against the tax imposed by
26 section one hundred eighty-four of this article shall be the excess of
27 the amount of such credit over the amount of any credit allowed by this
119 12334-02-0
1 section against the tax imposed by section one hundred eighty-three of
2 this article.
3 2. Carryovers. In no event shall the credit under this section be
4 allowed in an amount which will reduce the tax payable to less than the
5 applicable minimum tax fixed by section one hundred eighty-three, one
6 hundred eighty-five or one hundred eighty-six of this article. If,
7 however, the amount of credit allowable under this section for any taxa-
8 ble year reduces the tax to such amount, any amount of credit not deduc-
9 tible in such taxable year may be carried over to the following year or
10 years and may be deducted from the taxpayer's tax for such year or
11 years. In lieu of such carryover, any such taxpayer which qualifies as a
12 corporate new business under paragraph five of subdivision (b) of
13 section twenty-one of this chapter may elect, on its report for its
14 taxable year with respect to which such credit is allowed, to treat
15 fifty percent of the amount of such carryover as an overpayment of tax
16 to be credited or refunded in accordance with the provisions of section
17 ten hundred eighty-six of this chapter. Provided, however, the
18 provisions of subsection (c) of section ten hundred eighty-eight of this
19 chapter notwithstanding, no interest shall be paid thereon.
20 § 41. Section 210 of the tax law is amended by adding a new subdivi-
21 sion 33 to read as follows:
22 33. Brownfield redevelopment tax credit. (a) Allowance of credit. A
23 taxpayer shall be allowed a credit, to be computed as provided in
24 section twenty-one of this chapter, against the tax imposed by this
25 article.
26 (b) Carryovers. The credit and carryovers of such credit allowed under
27 this subdivision for any taxable year shall not, in the aggregate,
28 reduce the tax due for such year to less than the higher of the amounts
120 12334-02-0
1 prescribed in paragraphs (c) and (d) of subdivision one of this section.
2 However, if the amount of credit or carryovers of such credit, or both,
3 allowed under this subdivision for any taxable year reduces the tax to
4 such amount, any amount of credit or carryovers of such credit thus not
5 deductible in such taxable year may be carried over to the following
6 year or years and may be deducted from the tax for such year or years.
7 In lieu of such carryover, any such taxpayer which qualifies as a corpo-
8 rate new business under paragraph six of subdivision (b) of section
9 twenty-one of this chapter may elect, on its report for its taxable year
10 with respect to which such credit is allowed, to treat fifty percent of
11 the amount of such carryover as an overpayment of tax to be credited or
12 refunded in accordance with the provisions of section ten hundred eight-
13 y-six of this chapter. Provided, however, the provisions of subsection
14 (c) of section ten hundred eighty-eight of this chapter notwithstanding,
15 no interest shall be paid thereon.
16 § 42. Paragraph 1 of subsection (i) of section 606 of the tax law, as
17 amended by section 1 of part I of chapter 407 of the laws of 1999, is
18 amended to read as follows:
19 (1) For purposes of determining the application under this section of
20 the credit provisions enumerated in the following table, a shareholder
21 of a New York S corporation:
22 (A) shall be treated as the taxpayer with respect to his or her pro
23 rata share of the corresponding credit base of such corporation, deter-
24 mined for the corporation's taxable year ending with or within the
25 shareholder's taxable year and
26 (B) shall be treated as the owner of a new business with respect to
27 such share if the corporation qualifies as a new business pursuant to
28 paragraph (j) of subdivision twelve of section two hundred ten of this
121 12334-02-0
1 chapter, unless the shareholder has previously received a refund by
2 reason of the application of this subparagraph, or this subsection as it
3 was in effect for taxable years beginning before nineteen hundred nine-
4 ty-four.
5 The corporation's
6 With respect to the credit base under
7 following credit section two hundred ten
8 under this section: or section fourteen
9 hundred fifty-six of this
10 chapter is:
11 Investment tax credit Investment credit base
12 under subsection (a) or qualified
13 rehabilitation
14 expenditures under
15 subdivision twelve of
16 section two hundred ten
17 Economic development Cost or other basis
18 zone investment tax credit under subdivision
19 under subsection (j) twelve-B
20 of section two hundred
21 ten
22 Economic development Eligible wages under
23 zone wage tax credit subdivision nineteen of
24 under subsection (k) section two hundred ten
25 or subsection (e) of
26 section fourteen hundred
27 fifty-six
122 12334-02-0
1 Economic development zone Qualified investments
2 capital tax credit and contributions under
3 under subsection (1) subdivision twenty of
4 section two hundred ten
5 or subsection (d) of
6 section fourteen hundred
7 fifty-six
8 Agricultural property tax Allowable school
9 credit under subsection (n) district property taxes under
10 subdivision twenty-two of
11 section two hundred ten
12 Credit for employment Qualified first-year wages or
13 of persons with dis- qualified second-year wages
14 abilities under under subdivision
15 subsection (o) twenty-three of section
16 two hundred ten
17 or subsection (f)
18 of section fourteen
19 hundred fifty-six
20 Employment incentive Applicable investment credit
21 credit under subsec- base under subdivision
22 tion (a-1) twelve-D
23 Economic develop- Applicable investment
24 ment zone employment credit under sub-
25 incentive credit under division twelve-C
26 subsection (j-1)
27 Alternative fuels credit Cost under subdivision
28 under subsection (p) twenty-four
123 12334-02-0
1 Qualified emerging Applicable credit base
2 technology company under subdivision twelve-E
3 employment credit of section two hundred ten
4 under subsection (q)
5 Qualified emerging Qualified investments under
6 technology company subdivision twelve-F of
7 capital tax credit section two hundred ten
8 under subsection (r)
9 Brownfield redevelopment Applicable cost
10 credit under subsection (aa) or other basis
11 under subdivision thirty-three
12 of section two hundred ten
13 or subsection (o) of section
14 fourteen hundred fifty-six
15 § 42-a. Paragraph 1 of subsection (i) of section 606 of the tax law,
16 as amended by section 2 of part J of chapter 407 of the laws of 1999, is
17 amended to read as follows:
18 (1) For purposes of determining the application under this section of
19 the credit provisions enumerated in the following table, a shareholder
20 of a New York S corporation:
21 (A) shall be treated as the taxpayer with respect to his or her pro
22 rata share of the corresponding credit base of such corporation, deter-
23 mined for the corporation's taxable year ending with or within the
24 shareholder's taxable year and
25 (B) shall be treated as the owner of a new business with respect to
26 such share if the corporation qualifies as a new business pursuant to
27 paragraph (j) of subdivision twelve of section two hundred ten of this
28 chapter, unless the shareholder has previously received a refund by
124 12334-02-0
1 reason of the application of this subparagraph, or this subsection as it
2 was in effect for taxable years beginning before nineteen hundred nine-
3 ty-four.
4 The corporation's
5 With respect to the credit base under
6 following credit section two hundred ten
7 under this section: or section fourteen
8 hundred fifty-six of this
9 chapter is:
10 Investment tax credit Investment credit base
11 under subsection (a) or qualified
12 rehabilitation
13 expenditures under
14 subdivision twelve of
15 section two hundred ten
16 Economic development Cost or other basis
17 zone investment tax credit under subdivision
18 under subsection (j) twelve-B
19 of section two hundred
20 ten
21 Economic development Eligible wages under
22 zone wage tax credit subdivision nineteen of
23 under subsection (k) section two hundred ten
24 or subsection (e) of
125 12334-02-0
1 section fourteen hundred
2 fifty-six
3 Economic development zone Qualified investments
4 capital tax credit and contributions under
5 under subsection (1) subdivision twenty of
6 section two hundred ten
7 or subsection (d) of
8 section fourteen hundred
9 fifty-six
10 Agricultural property tax Allowable school
11 credit under subsection (n) district property taxes under
12 subdivision twenty-two of
13 section two hundred ten
14 Credit for employment Qualified first-year wages or
15 of persons with dis- qualified second-year wages
16 abilities under under subdivision
17 subsection (o) twenty-three of section
18 two hundred ten
19 or subsection (f)
20 of section fourteen
21 hundred fifty-six
22 Employment incentive Applicable investment credit
23 credit under subsec- base under subdivision
24 tion (a-1) twelve-D
126 12334-02-0
1 Economic develop- Applicable investment
2 ment zone employment credit under sub-
3 incentive credit under division twelve-C
4 subsection (j-1)
5 Alternative fuels credit Cost under subdivision
6 under subsection (p) twenty-four
7 Qualified emerging Applicable credit base
8 technology company under subdivision twelve-E
9 employment credit of section two hundred ten
10 under subsection (q)
11 Qualified emerging Qualified investments under
12 technology company subdivision twelve-F of
13 capital tax credit section two hundred ten
14 under subsection (r)
15 Credit for purchase of an Cost of an automated
16 automated external defibrillator external defibrillator under
17 under subsection (s) subdivision twenty-five of
18 section two hundred ten
19 or subsection (j) of section
20 fourteen hundred fifty-six
21 Brownfield redevelopment Applicable cost
22 credit under subsection (aa) or other basis
23 under subdivision thirty-three
24 of section two hundred ten
127 12334-02-0
1 or subsection (o) of section
2 fourteen hundred fifty-six
3 § 43. Section 606 of the tax law is amended by adding a new subsection
4 (aa) to read as follows:
5 (aa) Brownfield redevelopment tax credit. (1) Allowance of credit. A
6 taxpayer shall be allowed a credit, to be computed as provided in
7 section twenty-one of this chapter, against the tax imposed by this
8 article.
9 (2) Carryovers. If the amount of the credit and carryovers of such
10 credit allowed under this subsection for any taxable year shall exceed
11 the taxpayer's tax for such year, the excess, as well as any part of the
12 credit or carryovers of such credit, or both, may be carried over to the
13 following year or years and may be deducted from the taxpayer's tax for
14 such year or years. In lieu of carrying over any such excess, a taxpayer
15 who qualifies as an owner of a new business for purposes of paragraph
16 ten of subsection (a) of this section may, at his option, receive fifty
17 percent of such excess as a refund. Any refund paid pursuant to this
18 paragraph shall be deemed to be a refund of an overpayment of tax as
19 provided in section six hundred eighty-six of this article, provided,
20 however, that no interest shall be paid thereon. For purposes of this
21 section, in reading such paragraph ten, references therein to the
22 investment tax credit provided for under subsection (a) of this section
23 shall be deemed to refer to the credit provided for under this
24 subsection, and shall be read accordingly.
25 § 44. Subsection (c) of section 683 of the tax law is amended by
26 adding a new paragraph 10 to read as follows:
27 (10) Reports concerning a remediation certificate. If a taxpayer's
28 remediation certificate issued pursuant to section 27-1413 of the envi-
128 12334-02-0
1 ronmental conservation law is modified or revoked by a determination
2 issued pursuant to subdivision six of section 27-1413 of the environ-
3 mental conservation law, any tax liability generated by reason of such
4 modification or revocation may be assessed within one year after such
5 determination is final and is no longer subject to judicial review and
6 the taxpayer shall be allowed to offset against such tax liability the
7 amount of any of the credits provided for under subsection (a) or (j) of
8 section six hundred six of this article which the taxpayer would have
9 been allowed with respect to amounts which were the basis for the credit
10 provided for under such section twenty-one which is the subject of such
11 assessment.
12 § 45. Subsection (a) of section 687 of the tax law, as amended by
13 chapter 309 of the laws of 1996, is amended to read as follows:
14 (a) General.--Claim for credit or refund of an overpayment of income
15 tax shall be filed by the taxpayer within (i) three years from the time
16 the return was filed Õorå, (ii) two years from the time the tax was
17 paid, or (iii) in the case of any overpayment arising from an erroneous
18 denial by the department of environmental conservation of a remediation
19 certificate pursuant to section 27-1413 of the environmental conserva-
20 tion law, two years from the time a final determination to the effect
21 that such denial was erroneous is made and is no longer subject to judi-
22 cial review, whichever of such periods expires the Õlaterå latest, or if
23 no return was filed, within two years from the time the tax was paid. If
24 the claim is filed within the three year period, the amount of the cred-
25 it or refund shall not exceed the portion of the tax paid within the
26 three years immediately preceding the filing of the claim plus the peri-
27 od of any extension of time for filing the return unless such claim is
28 for a credit or a portion thereof provided pursuant to paragraph two or
129 12334-02-0
1 four of subsection (c), paragraph two or four of subsection (d) or
2 subsection (e) of section six hundred six of this chapter. If the claim
3 is not filed within the three year period, but is filed within the two
4 year period, the amount of the credit or refund shall not exceed the
5 portion of the tax paid during the two years immediately preceding the
6 filing of the claim unless such claim is for a credit or a portion ther-
7 eof provided pursuant to paragraph two or four of subsection (c), para-
8 graph two or four of subsection (d) or subsection (e) of section six
9 hundred six of this chapter. In the case of a claim for credit or
10 refund filed within the period prescribed in paragraph (iii) of this
11 subsection, the amount of the credit or refund may exceed the portion of
12 the tax paid within the applicable period specified in the two imme-
13 diately preceding sentences, but only to the extent of the amount of the
14 overpayment attributable to the denial described in such paragraph
15 (iii). Except as otherwise provided in this section, if no claim is
16 filed, the amount of a credit or refund shall not exceed the amount
17 which would be allowable if a claim had been filed on the date the cred-
18 it or refund is allowed.
19 § 46. Subsection (c) of section 1083 of the tax law is amended by
20 adding a new paragraph 10 to read as follows:
21 (10) Reports concerning a remediation certificate. If a taxpayer's
22 remediation certificate issued pursuant to section 27-1413 of the envi-
23 ronmental conservation law is modified or revoked by a determinaiton
24 issued pursuant to subdivision six of section 27-1413 of the environ-
25 mental conservation law, any tax liability generated by reason of such
26 modification or revocation may be assessed within one year after such
27 determination is final and is no longer subject to judicial review and
28 the taxpayer shall be allowed to offset against such tax liability the
130 12334-02-0
1 amount of any of the credits provided for under subdivision twelve or
2 twelve-B of section two hundred ten, or subsection (i) of section four-
3 teen hundred fifty-six of this chapter which the taxpayer would have
4 been allowed with respect to amounts which were the basis for the credit
5 provided for under such section twenty-one which is the subject of such
6 assessment.
7 § 47. Subsection (a) of section 1087 of the tax law, as amended by
8 chapter 55 of the laws of 1982, is amended to read as follows:
9 (a) General.--Claim for credit or refund of an overpayment of tax
10 under article nineÕ, nine-a, nine-b or nine-cå or nine-A shall be filed
11 by the taxpayer within (i) three years from the time the return was
12 filed Õorå, (ii) two years from the time the tax was paid or (iii) in
13 the case of any overpayment arising from an erroneous denial by the
14 department of environmental conservation of a remediation certificate
15 pursuant to section 27-1413 of the environmental conservation law, two
16 years from the time a final determination to the effect that such denial
17 was erroneous is made and is no longer subject to judicial review,
18 whichever of such periods expires the Õlaterå latest, or if no return
19 was filed, within two years from the time the tax was paid. If the
20 claim is filed within the three year period, the amount of the credit or
21 refund shall not exceed the portion of the tax paid within the three
22 years immediately preceding the filing of the claim plus the period of
23 any extension of time for filing the return. If the claim is not filed
24 within the three year period, but is filed within the two year period,
25 the amount of the credit or refund shall not exceed the portion of the
26 tax paid during the two years immediately preceding the filing of the
27 claim. In the case of a claim for credit or refund filed within the
28 period prescribed in paragraph (iii) of this subsection, the amount of
131 12334-02-0
1 the credit or refund may exceed the portion of the tax paid within the
2 applicable period specified in the two immediately preceding sentences,
3 but only to the extent of the amount of the overpayment attributable to
4 the denial described in such paragraph (iii) of this subsection. Except
5 as otherwise provided in this section, if no claim is filed, the amount
6 of a credit or refund shall not exceed the amount which would be allow-
7 able if a claim had been filed on the date the credit or refund is
8 allowed. For special restriction in a proceeding on a claim for refund
9 of tax paid pursuant to an assessment made as a result of (i) a net
10 operating loss carryback or capital loss carryback, or (ii) an increase
11 or decrease in federal taxable income or federal tax, or (iii) a federal
12 change or correction or renegotiation, or computation or recomputation
13 of tax, which is treated in the same manner as if it were a deficiency
14 for federal income tax purposes, see paragraph (7) of subsection (c) of
15 section one thousand eighty-three.
16 § 48. Section 1456 of the tax law is amended by adding a new
17 subsection (o) to read as follows:
18 (o) Brownfield redevelopment tax credit. (1) Allowance of credit. A
19 taxpayer shall be allowed a credit, to be computed as provided in
20 section twenty-one of this chapter, against the tax imposed by this
21 article.
22 (2) Carryover. The credit and carryovers of such credit allowed under
23 this subsection for any taxable year shall not, in the aggregate, reduce
24 the tax due for such year to less than the minimum tax fixed by
25 subsection (b) of section fourteen hundred fifty-five of this article.
26 However, if the amount of credit or carryovers of such credit, or both,
27 allowed under this subsection for any taxable year reduces the tax to
28 such amount, then any amount of credit or carryovers of such credit thus
132 12334-02-0
1 not deductible in such taxable year may be carried over to the following
2 year or years and may be deducted from the taxpayer's tax for such year
3 or years. In lieu of such carryover, any such taxpayer which qualifies
4 as a corporate new business under paragraph six of subdivision (b) of
5 section twenty-one of this chapter may elect, on its report for its
6 taxable year with respect to which such credit is allowed, to treat
7 fifty percent of the amount of such carryover as an overpayment of tax
8 to be credited or refunded in accordance with the provisions of section
9 ten hundred eighty-six of this chapter. Provided, however, the
10 provisions of subsection (c) of section ten hundred eighty-eight of this
11 chapter notwithstanding, no interest shall be paid thereon.
12 § 49. Section 1511 of the tax law is amended by adding a new subdivi-
13 sion (q) to read as follows:
14 (q) Brownfield redevelopment tax credit. (1) Allowance of credit. A
15 taxpayer shall be allowed a credit, to be computed as provided in
16 section twenty-one of this chapter, against the taxes imposed by this
17 article.
18 (2) Carryover. The credit and carryovers of such credit allowed under
19 this subdivision for any taxable year shall not, in the aggregate,
20 reduce the tax due for such year to less than the minimum fixed by para-
21 graph four of subdivision (a) of section fifteen hundred two of this
22 article. However, if the amount of credit or carryovers of such credit,
23 or both, allowed under this subdivision for any taxable year reduces the
24 tax to such amount, then any amount of credit or carryovers of such
25 credit thus not deductible in such taxable year may be carried over to
26 the following year or years and may be deducted from the taxpayer's tax
27 for such year or years. In lieu of such carryover, any such taxpayer
28 which qualifies as a corporate new business under paragraph six of
133 12334-02-0
1 subdivision (b) of section twenty-one of this chapter may elect, on its
2 report for its taxable year with respect to which such credit is
3 allowed, to treat fifty percent of the amount of such carryover as an
4 overpayment of tax to be credited or refunded in accordance with the
5 provisions of section ten hundred eighty-six of this chapter. Provided,
6 however, the provisions of subsection (c) of section ten hundred eight-
7 y-eight of this chapter notwithstanding, no interest shall be paid ther-
8 eon.
9 § 50. This act shall take effect immediately, provided that sections
10 twenty-nine, thirty, thirty-four, thirty-five, thirty-six and thirty-
11 seven of this act shall take effect April 1, 2001, and provided further
12 that sections thirty-nine, forty, forty-one, forty-two, forty-three,
13 forty-eight and forty-nine of this act shall apply to taxable years
14 beginning on or after January 1, 2000 and section forty-two-a of this
15 act shall apply to taxable years beginning on or after January 1, 2001,
16 but only to site costs incurred and property placed in service after the
17 date this act shall have become a law. Provided further, subdivisions
18 13 and 14 of section 97-b of the state finance law, as designated by
19 section twenty-nine of this act, shall be deemed repealed effective
20 April first of the state fiscal year following the certification
21 provided for in subdivision 15 of such section 97-b; and provided
22 further that the state comptroller shall notify the legislative bill
23 drafting commission upon the occurrence of the certification provided
24 for in subdivision 15 of section 97-b of the state finance law in order
25 that the commission may maintain an accurate and timely effective data
26 base of the official text of the laws of the state of New York in furth-
27 erance of effecting the provisions of section 44 of the legislative law
28 and section 70-b of the public officers law.
134 12334-02-0
1 PART F
2 Section 1. Subdivision 2 of section 11-0305 of the environmental
3 conservation law is amended to read as follows:
4 2. To issue the licenses and permits provided for by law, to fix their
5 terms, and the fees therefor, when no statutory provision is made, to
6 designate agents to sell and promote the sale of licenses, to adopt
7 procedures for the issuance of licenses, to establish the design and
8 format of licenses and the information to be contained thereon, to
9 provide where it deems appropriate for tags and buttons, to adopt proce-
10 dures respecting tagging or identifying fish and wildlife being
11 possessed or transported, to establish procedures and requirements for
12 reporting license sales and handling and remittance of license revenues
13 by persons or entities issuing such licenses, to provide for acceptable
14 methods of payment of license fees, and to revoke licenses and permits
15 as provided by law;
16 § 2. Section 11-0305 of the environmental conservation law is amended
17 by adding a new subdivision 18 to read as follows:
18 18. To prepare or cause to be prepared voluntary habitat stamps and
19 furnish such stamps annually to license issuing agents and officers for
20 sale and issuance in the same manner as licenses and other types of
21 stamps. The department shall, by rule, establish the fee for the habi-
22 tat stamp which shall not exceed five dollars plus an additional amount
23 for the issuing agent or officer. The purchase of a stamp is voluntary
24 and a stamp need not be possessed in order to take fish or wildlife.
25 § 3. Subdivision 3 of section 11-0327 of the environmental conserva-
26 tion law is amended by adding a new paragraph (g) to read as follows:
135 12334-02-0
1 (g) To review the department's planned expenditures for fish and wild-
2 life purposes. The department shall, by the first day of October of each
3 year, submit to the board for its review planned expenditures by time
4 and activity code for all fish and wildlife programs for the next fiscal
5 year.
6 § 4. Subparagraph 1 of paragraph a of subdivision 2 of section 11-0701
7 of the environmental conservation law is REPEALED and a new subparagraph
8 1 is added to read as follows:
9 (1) A small and big game license entitles the resident holder to hunt
10 wildlife subject to the following:
11 (i) a holder who is eighteen years of age or older may hunt wildlife
12 as provided in title 9 of this article,
13 (ii) a holder who is sixteen years of age or older may hunt wildlife,
14 except big game, as provided in title 9 of this article, and
15 (iii) a holder who is between the ages of sixteen and eighteen may
16 hunt big game pursuant to the provisions of title 9 of this article
17 while the holder is accompanied by a parent, guardian or person over the
18 age of eighteen as required by section 11-0929 of this article.
19 A holder may take fish with a gun or longbow as provided in titles 9
20 and 13 of this article.
21 § 5. Paragraph b of subdivision 2 of section 11-0701 of the environ-
22 mental conservation law is amended to read as follows:
23 b. A special antlerless deer license is applicable to the hunting of
24 wild antlerless deer in a special open season fixed pursuant to subdivi-
25 sion 6 of section 11-0903 of this article in a tract within a Wilderness
26 Hunting Area and entitles the holder of a small and big game license who
27 is entitled to hunt wild deer as provided in paragraph a to hunt antler-
28 less deer in such special open season, as provided in title 9 of this
136 12334-02-0
1 article if he has on his person while so hunting both his small and big
2 game license and his special antlerless deer license.
3 § 6. Paragraph c of subdivision 2 of section 11-0701 of the environ-
4 mental conservation law, as amended by chapter 57 of the laws of 1993,
5 is amended to read as follows:
6 c. A junior archery license entitles a resident holder who is between
7 the ages of fourteen and sixteen years to hunt wild deer and bear with a
8 longbow during the special archery season and during the regular season
9 Õin areas restricted to bowhunting onlyå, as provided in title 9 of this
10 article, as if such person held a big game license with a bowhunting
11 stamp affixed, subject to the provisions of section 11-0929 and subdivi-
12 sion 6 of section 11-0713 of this article. It entitles a non-resident
13 holder who is between the ages of fourteen and sixteen years to hunt
14 wild deer and bear with a longbow during the special archery season and
15 during the regular season Õin areas restricted to bowhunting onlyå, as
16 provided in title 9 of this article, as if such person held a non-resi-
17 dent bowhunting license, a non-resident big game license and a non-resi-
18 dent bear tag, subject to the provisions of section 11-0929 and subdivi-
19 sion Õsixå 6 of section 11-0713 of this article.
20 § 7. Paragraphs d and e of subdivision 2 of section 11-0701 of the
21 environmental conservation law are REPEALED.
22 § 8. Subdivision 3 of section 11-0701 of the environmental conserva-
23 tion law, as amended by chapter 160 of the laws of 1979, is amended to
24 read as follows:
25 3. A bowhunting stamp when affixed to a small and big game license
26 entitles a holder who is eighteen years of age or older to hunt wild
27 deer and bear with a longbow, as provided in title 9 of this article, in
28 a special longbow season, and it entitles a holder who is between the
137 12334-02-0
1 ages of sixteen and eighteen years to exercise the same privileges
2 subject to the provisions of section 11-0929 and subdivision 6 of
3 section 11-0713 of this article.
4 § 9. Subdivision 5 of section 11-0701 of the environmental conserva-
5 tion law, as amended by chapter 57 of the laws of 1993, is amended to
6 read as follows:
7 5. a. A combined resident Õhunting,å fishing and small and big game
8 license, hereinafter in this article referred to as a sportsman license,
9 entitles the holder to the privileges the holder would have if the hold-
10 er held separately a Õhunting, aå fishing and a small and big game
11 license.
12 b. A combined resident small and big game, fishing, bowhunting and
13 muzzle-loading license, hereinafter in this article referred to as a
14 super-sportsman license, entitles the holder to the privileges the hold-
15 er would have if the holder held separately a small and big game
16 license, a fishing license, and a bowhunting stamp, a muzzle-loading
17 stamp and a turkey permit.
18 § 10. Subdivision 6 of section 11-0701 of the environmental conserva-
19 tion law, as amended by chapter 646 of the laws of 1977 and as renum-
20 bered by chapter 208 of the laws of 1978 and the opening paragraph as
21 redesignated by chapter 450 of the laws of 1991, is amended to read as
22 follows:
23 6. A combination free Õhunting-bigå small and big game hunting-fishing
24 license entitles the holder to the privileges he would have if he held,
25 separately, a Õhunting,å small and big game hunting and fishing license,
26 provided, however, if the said combination free Õhunting-bigå small and
27 big game hunting-fishing license is stamped by the issuing clerk "FISH-
138 12334-02-0
1 ING ONLY" the holder is entitled only to the privileges he would have if
2 he held a fishing license.
3 § 11. Subdivision 8 of section 11-0701 of the environmental conserva-
4 tion law, as amended by chapter 450 of the laws of 1991, is amended to
5 read as follows:
6 8. A Õfive-dayå seven-day fishing license entitles the Õnon-residentå
7 holder to exercise the privileges of a fishing license for the Õfiveå
8 seven consecutive days specified in the license.
9 § 12. Subdivision 9 of section 11-0701 of the environmental conserva-
10 tion law is REPEALED.
11 § 13. Subdivision 11 of section 11-0701 of the environmental conserva-
12 tion law, as added by chapter 198 of the laws of 1977 and as renumbered
13 by chapter 470 of the laws of 1994, is amended to read as follows:
14 11. A muzzle-loading stamp when affixed to a small and big game
15 license entitles a holder who is sixteen years of age or older to hunt
16 wild deer and bear with a muzzle-loading firearm, as provided in title
17 Õnineå 9 of this article, in a special muzzle-loading firearm season.
18 § 14. Subdivision 12 of section 11-0701 of the environmental conserva-
19 tion law, as added by chapter 450 of the laws of 1991 and as renumbered
20 by chapter 470 of the laws of 1994, is amended to read as follows:
21 12. a. A junior Õhuntingå small game license entitles the holder age
22 twelve to age Õsixteenå thirteen to hunt Õsmall gameå wildlife, except
23 big game, as provided in title 9 of this article subject, specifically,
24 to the provisions of section 11-0929 of this article. It entitles such
25 holder to possess firearms as provided in section 265.05 of the penal
26 law.
27 b. A junior small and big game license entitles the holder age four-
28 teen to age sixteen to hunt wildlife, except big game, pursuant to the
139 12334-02-0
1 provisions of title 9 of this article and to hunt big game during the
2 special muzzle-loading season and during the regular season, as provided
3 in title 9 of this article, as if such person held a big game license
4 with a muzzle-loading stamp affixed, provided that the holder is accom-
5 panied by a parent, guardian or person over the age of eighteen as
6 required by section 11-0929 of this article.
7 § 15. Subdivisions 13, 14 and 15 of section 11-0701 of the environ-
8 mental conservation law, as added by chapter 57 of the laws of 1993 and
9 as renumbered by chapter 470 of the laws of 1994, are amended to read as
10 follows:
11 13. A non-resident bowhunting license entitles a person who has not
12 been a resident of the state for more than thirty days to hunt wild deer
13 with a longbow in a special longbow season Õand during the regular
14 seasonå as provided for in title 9 of this article and, when accompanied
15 by a non-resident bear tag, entitles the holder to hunt bear with a
16 longbow during the open bear season.
17 14. A non-resident muzzle-loading license entitles a person who has
18 not been a resident of the state for more than thirty days to hunt wild
19 deer with a muzzleloader in a special muzzle-loading season Õand during
20 the regular seasonå as provided for in title 9 of this article and, when
21 accompanied by a non-resident bear tag, entitles the holder to hunt bear
22 with a muzzleloader during the open bear season.
23 15. A non-resident combined hunting, fishing, big game, bowhunting and
24 muzzle-loading license, hereinafter in this article referred to as a
25 super-sportsman license, entitles a person who has not been a resident
26 of the state for more than thirty days to the privileges that the holder
27 would have if the holder held separately a non-resident hunting, a non-
28 resident fishing, a non-resident big game, a non-resident bowhunting and
140 12334-02-0
1 a non-resident muzzle-loading license, except that only one bear may be
2 taken.
3 § 16. Subdivision 1 of section 11-0702 of the environmental conserva-
4 tion law, as amended by chapter 57 of the laws of 1993 and paragraph a
5 as amended by chapter 245 of the laws of 1995, is amended to read as
6 follows:
7 1. There are hereby created the following lifetime hunting, fishing,
8 trapping, archery and muzzle-loading licenses and fees therefor subject
9 to the same privileges and obligations of a comparable short term
10 license:
11 Licenses Fees
12 a. Lifetime resident combined
13 Õhunting,å fishing and small
14 and big game license.
15 If purchased, for a child four
16 years of age or younger Õ$250.00å $285.00
17 for a child age five through
18 eleven years of age Õ$350.00å $395.00
19 for a person age twelve through
20 sixty-four years of age Õ$500.00å $565.00
21 for a person age sixty-five
22 and over. $ 50.00
141 12334-02-0
1 b. Lifetime resident Õhuntingå
2 small and big game license. Õ$250.00å $340.00
3 c. Lifetime resident fishing
4 license. Õ$250.00å $340.00
5 d. Lifetime resident trapping
6 license. Õ$250.00å $290.00
7 e. Lifetime resident archery
8 stamp. Õ$125.00å $170.00
9 f. Lifetime resident muzzle-
10 loading stamp. Õ$125.00
11 g. Lifetime resident big game hunting
12 license. $250.00å $170.00
13 The holder of a lifetime resident hunting, big game or fishing license
14 may, at any time, convert such license to a lifetime resident combined
15 hunting, fishing and big game license for an additional fee equal to the
16 existing differential.
17 § 17. Subdivision 2 of section 11-0703 of the environmental conserva-
18 tion law, as amended by chapter 57 of the laws of 1993, is amended to
19 read as follows:
20 2. No license, permit, tag or stamp is transferable. No person shall
21 alter, change, lend to another or attempt to transfer to another any
22 license or any button, permit, tag or stamp issued therewith. No person,
142 12334-02-0
1 while hunting, shall possess a license, button, permit, tag or stamp
2 which was issued to another person unless actually accompanied by the
3 person to whom such license, button, permit, tag or stamp was issued. No
4 person shall purchase, possess or use more than one junior archery,
5 junior small and big game, small game and big game, big game, Õcombined
6 resident hunting, fishing and big gameå bowhunting, muzzle-loading,
7 sportsman, super-sportsman, non-resident bowhunting or muzzle-loading,
8 combined non-resident hunting, fishing, big game, bowhunting and
9 muzzle-loading license, non-resident bear tag or special permit for the
10 current license year, except as permitted by rule or regulation of the
11 department.
12 § 18. Subdivision 3 of section 11-0703 of the environmental conserva-
13 tion law, paragraph b as amended by 646 of the laws of 1977 and subpara-
14 graph 1 of paragraph b as amended by chapter 57 of the laws of 1993, is
15 amended to read as follows:
16 3. Õa.å Any license, stamp or certificate in lieu of a lost or
17 destroyed license, obtained by fraud, or by a person not authorized to
18 hold it, or who makes a false statement in applying for it, is void.
19 Õb. (1) A big game, junior archery, non-resident bowhunting or
20 muzzle-loading license or the big game license portion of a combined
21 resident hunting, fishing and big game license or combined non-resident
22 hunting, fishing, big game, bowhunting and muzzle-loading license is
23 void for the taking of deer if the license tag or tags marked "dupli-
24 cate" provided for in section 11-0713 is detached from the license tag
25 marked "original".
26 (2) The big game license portion of a combination free hunting-big
27 game hunting-fishing license is void for the taking of deer if the
143 12334-02-0
1 license tag marked "duplicate" provided for in section 11-0713 is
2 detached from the license tag marked "original".å
3 § 19. Subdivision 4 of section 11-0703 of the environmental conserva-
4 tion law, as amended by chapter 450 of the laws of 1991, paragraphs a,
5 b, c and d as amended by chapter 57 of the laws of 1993 and paragraph e
6 as relettered by chapter 470 of the laws of 1994, is amended to read as
7 follows:
8 4. a. ÕFive-dayå Non-resident fishing licenses, combined non-resident
9 hunting, fishing, big game, bowhunting and muzzle-loading, non-resident
10 bowhunting or muzzle-loading and non-resident trapping licenses and
11 non-resident bear tags are issuable only to non-residents and persons
12 who have been residents for less than thirty days immediately preceding
13 the date of application.
14 b. A person under the age of fourteen years is ineligible for a junior
15 small and big game or a junior archery license. A person under the age
16 of sixteen years is ineligible for a small and big game license, a
17 Õcombined resident hunting, fishing and big gameå sportsman or super-
18 sportsman license, combined non-resident hunting, fishing, big game,
19 bowhunting, and muzzle-loading, non-resident bowhunting, non-resident
20 muzzle-loading license, a muzzle-loading stamp or a bowhunting stamp. A
21 person is ineligible for a hunting, small and big game, junior small and
22 big game, big game, junior archery, Õcombined resident hunting, fishing
23 and big gameå sportsman and super-sportsman, combined non-resident hunt-
24 ing, fishing, big game, bowhunting and muzzle-loading, non-resident
25 bowhunting or non-resident muzzle-loading license unless he meets the
26 requirements of subdivision 6 of section 11-0713 of this article.
27 c. Only the following persons are eligible for Õa combinedå resident
28 Õhunting, fishing and big game licenseå licenses: (1) persons who have
144 12334-02-0
1 been residents in the state for more than thirty days immediately
2 preceding the date of application for the licenses, or who are enrolled
3 in a full-time course at a college or university within the state and
4 who are in residence in the state for the school year, or who are out of
5 state or foreign exchange high school students enrolled in a full-time
6 course in a high school within the state and who are in residence in the
7 state for the school year; (2) Indian residents or members of the six
8 nations residing on any reservation wholly or partly within the state;
9 (3) members of the United States armed forces in active service,
10 stationed in this state, regardless of the place of residence at the
11 time of entry into the service; and (4) persons privileged under subdi-
12 vision 5 of section 11-0707 of this article to take wildlife, other than
13 deer and bear, as if they held hunting licenses.
14 d. Only persons who possess a Õresidentå small and big game license,
15 junior small and big game license or the big game license portion of the
16 combination free hunting-big game hunting-fishing license, or the
17 Õcombined resident hunting, fishing and big gameå sportsman or super-
18 sportsman license are eligible for a bowhunting stamp or a muzzle-load-
19 ing stamp.
20 e. A person under the age of twelve years is ineligible for a junior
21 Õhuntingå small game license.
22 § 20. Paragraph a of subdivision 5 of section 11-0703 of the environ-
23 mental conservation law, as amended by chapter 237 of the laws of 1993,
24 is amended to read as follows:
25 a. One-dayÕ, three-dayå and Õfive-dayå seven-day fishing licenses
26 expire on the date stated on them.
27 § 21. Paragraphs a and b of subdivision 6 of section 11-0703 of the
28 environmental conservation law, as added by chapter 57 of the laws of
145 12334-02-0
1 1993 and subparagraph 4 of paragraph a as renumbered by chapter 470 of
2 the laws of 1994, are amended to read as follows:
3 a. Except as provided in section 11-0707 and section 11-0709 of this
4 article, no person shall (1) hunt wildlife, other than deer or bear, or
5 take fish with a gun, unless such person holds and is entitled to exer-
6 cise the privileges of a hunting, junior small game, junior small and
7 big game, small and big game, combination free hunting-big game hunt-
8 ing-fishing license, a Õcombined resident hunting, fishing and big gameå
9 sportsman or super-sportsman license or a combined non-resident hunting,
10 fishing, big game, bowhunting and muzzle-loading license; (2) hunt
11 antlerless deer in a special open season therefor pursuant to subdivi-
12 sion 6 of section 11-0903 of this article unless such person holds and
13 is entitled to exercise the privileges of and has on his or her person
14 while so hunting both a small and big game, junior small and big game
15 license, or junior archery license or bowhunting, muzzle-loading, combi-
16 nation free hunting-big game hunting-fishing license, or a Õcombined
17 resident hunting, fishing and big gameå sportsman or super-sportsman
18 license, or combined non-resident hunting, fishing, big game, bowhunting
19 and muzzle-loading license and a special antlerless deer license; (3)
20 take fish or frogs in the manner described in subdivision 4 of section
21 11-0701 of this article unless such person is entitled to exercise the
22 privileges of a fishing license; (4) trap wildlife unless such person
23 holds a trapping license.
24 b. Except as provided in section 11-0707 and section 11-0709 of this
25 article, no resident shall (1) hunt wild deer or bear unless such person
26 holds and is entitled to exercise the privileges of a small and big
27 game, junior archery, junior small and big game, bowhunting, muzzle-
28 loading or combination free hunting-big game hunting-fishing license, or
146 12334-02-0
1 a Õcombined resident hunting, fishing and big gameå sportsman or super-
2 sportsman license and meets the requirements of subdivisions 2 and 3 of
3 section 11-0701 or subdivision 2 or 4 of section 11-0715 of this
4 article; (2) hunt wild deer or bear with a longbow in a special longbow
5 season unless such person holds and is entitled to exercise the privi-
6 leges of a small and big game license or junior small and big game
7 license or combination free hunting-big game hunting-fishing license, or
8 a Õcombined resident hunting, fishing and big gameå sportsman and
9 super-sportsman license with a bowhunting stamp affixed or junior arch-
10 ery license and meets the requirements of subdivisions 2 and 3 of
11 section 11-0701 or subdivision 2 or 4 of section 11-0715 of this
12 article; or (3) hunt wild deer or bear with a muzzle-loading firearm in
13 a special muzzle-loading firearm season unless such person holds a small
14 and big game, or combination free hunting-big game hunting-fishing
15 license or a Õcombined resident hunting, fishing and big gameå sportsman
16 or super-sportsman license with a muzzle-loading stamp affixed or a
17 junior small and big game license and meets the requirements of subdivi-
18 sion 2 of section 11-0701 of this article.
19 § 22. Paragraphs a, b and d of subdivision 2 of section 11-0705 of the
20 environmental conservation law, paragraphs a and b as amended by chapter
21 57 of the laws of 1993 and paragraph d as amended by chapter 209 of the
22 laws of 1980, are amended to read as follows:
23 a. Holders of a hunting, junior Õhuntingå small game, small and big
24 game, junior small and big game, combined non-resident hunting, fishing,
25 big game, bowhunting and muzzle-loading, combination free hunting-big
26 game hunting-fishing license or Õcombined resident hunting, fishing and
27 big gameå sportsman or super-sportsman license, while exercising the
28 privileges of a hunting or small and big game license, shall have the
147 12334-02-0
1 Õhunting licenseå back tag issued with their license attached to and
2 displayed on the back of the outer garment between the shoulders in such
3 manner that all figures are plainly visible at all times.
4 b. Holders of a big game, small and big game, junior small and big
5 game, combination free hunting-big game hunting-fishing, Õcombined resi-
6 dent hunting, fishing and big gameå sportsman and super-sportsman,
7 combined non-resident hunting, fishing, big game, bowhunting and
8 muzzle-loading, non-resident bowhunting or muzzle-loading or junior
9 archery license, while hunting wild deer or bear, shall have the Õbig
10 game, combination free hunting-big game hunting-fishing or junior arch-
11 eryå license tag issued with their Õbig game, combination free hunting-
12 big game hunting-fishing, combined resident hunting, fishing and big
13 game, combined non-resident hunting, fishing, big game, bowhunting and
14 muzzle-loading, non-resident bowhunting or muzzle-loading or junior
15 archeryå license so attached and displayed.
16 d. Notwithstanding the provisions of paragraphs a, b and c of this
17 subdivision, a Õhuntingå license holder shall not be required to display
18 such license tag in the Northern Zone or the Catskill Park.
19 § 23. Subdivision 2 of section 11-0709 of the environmental conserva-
20 tion law is amended to read as follows:
21 2. Whenever taking of destructive or menacing wildlife is authorized
22 in section 11-0523 of this article, such taking is exempt from the
23 requirement of a hunting, small and big game, big game or trapping
24 license, unless the provision authorizing such taking specifies that
25 such license is required.
26 § 24. Section 11-0711 of the environmental conservation law is
27 REPEALED.
148 12334-02-0
1 § 25. Paragraph a of subdivision 1 of section 11-0713 of the environ-
2 mental conservation law, the opening paragraph as amended by chapter 309
3 of the laws of 1996 and subparagraphs 1 and 4 as amended by chapter 911
4 of the laws of 1990, is amended to read as follows:
5 a. Hunting, junior small game, small and big game, junior small and
6 big game, fishing, combination free hunting-big game hunting-fishing,
7 Õcombined resident hunting, fishing and big gameå sportsman and super-
8 sportsman, one-dayÕ, three-day and five-dayå and seven-day fishing, big
9 game, junior archeryÕ, junior huntingå and trapping licenses, bowhunting
10 stamps, muzzle-loading stamps, turkey permits, combined non-resident
11 hunting, fishing, big game, bowhunting and muzzle-loading licenses,
12 non-resident hunting, bowhunting or muzzle-loading licenses, non-resi-
13 dent bear tags and license tags provided for in paragraph c of subdivi-
14 sion four of this section shall be issued by:
15 (1) environmental conservation officers and regional and assistant
16 regional environmental conservation officers,
17 (2) clerks of a county, town or city, except a city having a popu-
18 lation of one million or more, Õandå
19 (3) clerks of a village having more than one thousand inhabitants
20 according to the last preceding federal census, or of a village in a
21 county of less than five hundred thousand inhabitants, adjoining a city
22 of over one million inhabitants, both according to such censusÕ.å, and
23 (4) License issuing officers as may be appointed by the commissioner.
24 Applicants for designation as license issuing officers shall be over the
25 age of eighteen years Õwho have been residents of the state for more
26 than six months immediately preceding the date of application,å and
27 shall meet such other requirements of eligibility, including posting
28 bond, as the department may by regulation specify. Such issuing officers
149 12334-02-0
1 shall be entitled to receive and keep the same fees for issuing licenses
2 and stamps that are specified in section 11-0715 of this article for
3 issuing clerks, and shall file reports and remit license fees to the
4 appropriate regional environmental conservation officer or the depart-
5 ment as required by subdivision Õoneå 1 of section 11-0717 of this
6 Õchapterå article for environmental conservation officers.
7 § 26. Subdivisions 2, 3 and 4 of section 11-0713 of the environmental
8 conservation law are REPEALED.
9 § 27. Subdivision 5 of section 11-0713 of the environmental conserva-
10 tion law, as amended by chapter 450 of the laws of 1991, is renumbered
11 subdivision 2 and amended to read as follows:
12 2. The issuing officer shall not issue a junior archery or a junior
13 small and big game license to a person between the ages of fourteen and
14 sixteen or a junior Õhuntingå small game license to a person between the
15 ages of twelve and Õsixteen, yearså thirteen unless at the time of issu-
16 ance applicant is accompanied by his parent or legal guardian who shall
17 consent to the issuance of the license and shall so signify by signing
18 his name in ink across the face of it. At no time shall Õhuntingå such
19 licenses be issued by mail to persons between the ages of twelve and
20 sixteen years.
21 § 28. Subdivision 6 of section 11-0713 of the environmental conserva-
22 tion law is renumbered subdivision 3 and paragraphs a, c and d, as
23 amended by chapter 57 of the laws of 1993, are amended to read as
24 follows:
25 a. Subject to the provisions of paragraphs b and c of this subdivi-
26 sion, the issuing officer shall not issue a hunting, junior small game,
27 small and big game, junior small and big game, combination free hunt-
28 ing-big game hunting-fishing, Õcombined resident hunting, fishing and
150 12334-02-0
1 big game, big gameå sportsman and super-sportsman, Õjunior hunting,å
2 junior archery, combined non-resident hunting, fishing, big game,
3 bowhunting and muzzle-loading, non-resident hunting, non-resident
4 bowhunting, non-resident muzzle-loading or trapping license or bowhunt-
5 ing stamp or muzzle-loading stamp to any person unless the applicant
6 presents:
7 (1) a hunting, small and big game, junior small and big game, junior
8 small game, five-day hunting, combined hunting and fishing, combination
9 free hunting-big game hunting-fishing, Õcombined resident hunting, fish-
10 ing and big gameå sportsman and super-sportsman, combined small game and
11 big game, big game, junior archery, junior hunting, combined non-resi-
12 dent hunting, fishing, big game, bowhunting and muzzle-loading, non-re-
13 sident bowhunting, non-resident muzzle-loading or trapping license
14 issued to him previously; or
15 (2) an affidavit from a license issuing officer stating that applicant
16 previously has been issued a hunting, junior small game, small and big
17 game, junior small and big game, or five-day hunting, combined hunting
18 and fishing, combination free hunting-big game hunting-fishing,
19 Õcombined resident hunting, fishing and big gameå sportsman and super-
20 sportsman, combined small game and big game, big game, trapping, junior
21 hunting, combined non-resident hunting, fishing, big game, bowhunting
22 and muzzle-loading, non-resident bowhunting, non-resident muzzle-loading
23 or junior archery license; or
24 (3) a certificate of qualification in responsible hunting, responsible
25 bowhunting and responsible trapping practices, including safety, ethics
26 and landowner-hunter relations, issued or honored by the department,
27 pursuant to this subdivision.
151 12334-02-0
1 c. The issuing officer shall not issue a bowhunting stamp or muzzle-
2 loading stamp to any resident unless the applicant presents a small and
3 big game, combination free hunting-big game hunting-fishing, or
4 Õcombined resident hunting, fishing and big gameå sportsman and super-
5 sportsman license issued to that person for the corresponding license
6 year.
7 d. Certifications of qualification in responsible hunting, responsible
8 bowhunting and responsible trapping practices may be made by duly quali-
9 fied and designated persons, whose fitness to give instructions in said
10 practices has been determined by an agent of the department. The depart-
11 ment may designate any person it deems qualified to act as its agent in
12 the giving of instruction and the making of certification. No charge
13 shall be made for any certificate or instruction given to a person to
14 qualify him or her to obtain a Õhunting, combined resident hunting,
15 fishing and big game, big game, combined non-resident, hunting, fishing,
16 big game, bowhunting, muzzle-loading, non-resident bowhunting or
17 muzzle-loading, junior hunting, junior archery or trappingå license or
18 Õbowhuntingå stamp other than for certain instruction and materials
19 accredited by the department to provide preparation for final instruc-
20 tion and testing by agents of the department. The department shall make
21 available to the public courses without charge which do not require
22 additional preparation at the expense of students, and may also offer
23 optional courses which require preparatory instruction which may be at
24 the expense of the student. The department may make rules and regu-
25 lations which in its opinion are calculated to effectuate better the
26 purpose of this subdivision.
152 12334-02-0
1 § 29. Paragraph e of subdivision 3 of section 11-0713 of the environ-
2 mental conservation law, such subdivision as renumbered by section twen-
3 ty-eight of this act, is REPEALED.
4 § 30. Subdivision 7 of section 11-0713 of the environmental conserva-
5 tion law, as amended by chapter 450 of the laws of 1991 and paragraph a
6 as amended by chapter 470 of the laws of 1994, is renumbered subdivision
7 4 and amended to read as follows:
8 4. a. A person who has lost or accidentally destroyed a hunting,
9 junior small game, small and big game, junior small and big game, fish-
10 ing, combination free hunting-big game hunting-fishing, Õcombined resi-
11 dent hunting, fishing and big gameå sportsman, super-sportsman, Õbig
12 game, junior archery, junior huntingå non-resident hunting, combined
13 non-resident hunting, fishing, big game, bowhunting and muzzle-loading,
14 non-resident bowhunting, non-resident muzzle-loading or trapping
15 license, bowhunting stamp or muzzle-loading stamp may apply to the offi-
16 cer who issued it for a certificate in lieu thereof. Such officer shall
17 issue a certificate stating the name and address of the applicant, the
18 type of license issued and the fee, if any, paid for it. Applications
19 and certificates furnished by the department shall be used for this
20 purpose.
21 b. A person who has lost or accidentally destroyed a button issued
22 with such a license or a hunting, Õjunior hunting,å junior archery,
23 junior small game, small and big game, junior small and big game, combi-
24 nation free hunting-big game hunting, combined hunting and big game, or
25 big game license tag may apply to the department for a duplicate and the
26 department shall issue a duplicate button or tag when satisfied that the
27 application is made in good faith. A duplicate combination free hunt-
28 ing-big game hunting tag shall be issued free of charge.
153 12334-02-0
1 § 31. Subdivision 8 of section 11-0713 of the environmental conserva-
2 tion law is renumbered subdivision 5.
3 § 32. Subdivision 2 of section 11-0715 of the environmental conserva-
4 tion law, as amended by chapter 450 of the laws of 1991, is amended to
5 read as follows:
6 2. A resident in the state for thirty days immediately prior to the
7 date of application who has attained the age of seventy is entitled to
8 receive a fishing license, a Õhuntingå small and big game license, a bow
9 hunting stamp, a muzzle-loading stamp, a trapping license, Õa special
10 second deer permit, a big game hunting licenseå and Õcombination hunt-
11 ing, big game and fishingå sportsman license Õfor the license year
12 beginning October first, nineteen hundred ninety-one, and annually ther-
13 eafter,å for a Õfourå five dollar license fee Õand one dollar to the
14 issuing clerkå; a member of the Shinnecock tribe or the Poospatuck tribe
15 or a member of the six nations, residing on any reservation wholly or
16 partly within the state, is entitled to receive free of charge a fishing
17 license, a Õhuntingå small and big game license, a muzzle-loading stamp,
18 Õa big game license,å a trapping license, Õa special second deer permitå
19 and a bow hunting stamp; and a resident who is blind is entitled to
20 receive a fishing license free of charge. For the purposes of this
21 subdivision a person is blind only if either: (a) his central visual
22 acuity does not exceed 20/200 in the better eye with correcting lenses,
23 or (b) his visual acuity is greater than 20/200 but is accompanied by a
24 limitation of the field of vision such that the widest diameter of the
25 visual field subtends an angle no greater than 20 degrees.
26 A person entitled to a free license as provided in this subdivision
27 shall be issued a combination free hunting-big game hunting-fishing
28 license renewable each year. Those free licensees not qualified to
154 12334-02-0
1 receive a hunting license shall have stamped across the face thereof
2 "FISHING ONLY", and the issuing clerk shall destroy the accompanying
3 back tag for such license.
4 A resident in the state for a period of thirty days immediately prior
5 to the date of application who has attained the age of sixty-five is
6 entitled to receive a combined hunting, fishing and big game license at
7 the cost of Õfourå five dollars as a license fee Õand one dollar to the
8 issuing clerkå.
9 § 33. Subdivision 3 of section 11-0715 of the environmental conserva-
10 tion law is REPEALED and a new subdivision 3 is added to read as
11 follows:
12 3. Applicants for licenses or stamps shall pay to the issuing officer
13 fees, according to the license or stamp issued and the residence or
14 other qualification of the applicant, as follows:
15 a. In the case of persons who have been residents of the state for
16 more than thirty days immediately preceding the date of application or
17 who are enrolled in a full-time course at a college or university within
18 the state and who are in residence in the state for the school year,
19 Indians residing off reservations in the state and members of the United
20 States armed forces in active service stationed in this state regardless
21 of place of residence at the time of entry into service:
22 License Fee
23 (1) Super-sportsman $64.00
24 (2) Sportsman $34.00
25 (3) Small and big game $18.00
26 (4) Fishing $19.00
27 (5) Trapping $15.00
28 (6) Hunting $14.00
155 12334-02-0
1 (7) Junior trapping $ 6.00
2 (8) Muzzle-loading stamp $15.00
3 (9) Bowhunting stamp $15.00
4 (10) Turkey permit $ 5.00
5 (11) Seven-day fishing $10.00
6 b. In the case of a non-resident and persons resident in the state for
7 less than thirty days, other than persons who are enrolled in a full-
8 time course at a college or university within the state and who are in
9 residence in the state for the school year and those members of the
10 United States armed forces as to whom fees are specified in paragraph a
11 of this subdivision:
12 License Fee
13 (1) Big game $110.00
14 (2) Hunting $ 55.00
15 (3) Fishing $ 40.00
16 (4) Seven-day fishing $ 25.00
17 (5) Trapping $255.00
18 (6) Super-sportsman $250.00
19 (7) Bowhunting $110.00
20 (8) Muzzle-loading $110.00
21 (9) Bear tag $ 30.00
22 (10) Turkey permit $ 30.00
23 c. In all cases:
24 (1) Certificates in lieu of lost license or stamp $ 5.00
25 (2) Duplicate for lost or destroyed button or tag $10.00
26 (3) Junior small game license $ 5.00
27 (4) Junior small and big game $ 9.00
28 (5) Junior archery $ 9.00
156 12334-02-0
1 (6) One-day fishing license $15.00
2 § 34. Subdivision 4 of section 11-0715 of the environmental conserva-
3 tion law, as amended by chapter 450 of the laws of 1991, is amended to
4 read as follows:
5 4. A person resident in the state for at least thirty days immediately
6 prior to the date of application, who has been honorably discharged from
7 service in the armed forces of the United States and certified as having
8 a forty per cent or greater service-connected disability is entitled to
9 receive a combination hunting-big game hunting-fishing license, a bow
10 hunting stamp, a muzzle loading stamp and a trapping license renewable
11 each year for a Õfourå five dollar fee Õand one dollar to the issuing
12 clerkå.
13 § 35. Section 11-0715 of the environmental conservation law is amended
14 by adding a new subdivision 6 to read as follows:
15 6. a. License issuing officers may retain 1.1 percent of the gross
16 proceeds from the sale of the following:
17 (1) non-resident hunting license
18 (2) big game license
19 (3) non-resident trapping license
20 (4) bear tag
21 (5) non-resident bowhunting license
22 (6) non-resident muzzle-loading license
23 (7) non-resident super-sportsman license
24 (8) non-resident turkey permit.
25 b. License issuing officers may retain 5.5 percent of the gross
26 proceeds from sale of all other licenses, stamps, certificates and
27 permits, including any application fees associated with such licenses,
28 stamps, certificates and permits.
157 12334-02-0
1 § 36. Section 11-0717 of the environmental conservation law is
2 REPEALED.
3 § 37. The opening paragraph of paragraph a of subdivision 2 of section
4 11-0719 of the environmental conservation law, as amended by chapter 119
5 of the laws of 1999, is amended to read as follows:
6 The department may revoke Õtheå any hunting, small and big game, big
7 game, junior archery, bowhunting, muzzle-loading, the small and big game
8 portion of the sportsman license, the small and big game, bowhunting or
9 muzzle-loading portion of the super-sportsman license, or trapping
10 license or stamp or the hunting and big game hunting portions of the
11 combination free hunting-big game hunting-fishing license, or any or all
12 of them, or any stamp or tag, and deny the privilege of obtaining such
13 license or stamp or such portions of Õthe combination free hunting-big
14 game hunting-fishingå such license and of hunting or of trapping
15 anywhere in the state, with or without a license,
16 § 38. Subdivision 3 of section 11-0719 of the environmental conserva-
17 tion law, as amended by chapter 158 of the laws of 1999, is amended to
18 read as follows:
19 3. A junior hunting license issued to a person who is between the ages
20 of twelve and sixteen years or junior archery, junior small game, or
21 junior small and big game license issued to a person who is between the
22 ages of Õfourteenå twelve and sixteen years may be revoked by the
23 department upon proof satisfactory to the department that such person,
24 while under the age of sixteen, has engaged in hunting wildlife with a
25 gun or longbow, in circumstances in which a license is required, while
26 not accompanied by his parent, guardian or other adult as provided in
27 either subdivision 1 or subdivision 3 of section 11-0929 of this arti-
28 cle. If such license or privilege is revoked the department shall fix
158 12334-02-0
1 the period of such revocation, which is not to exceed four years. The
2 department may require that such person successfully complete a depart-
3 ment sponsored course and obtain a certificate of qualification in
4 responsible hunting or responsible bowhunting practices before being
5 issued another hunting or bowhunting license.
6 § 39. Paragraph b of subdivision 7 of section 11-0903 of the environ-
7 mental conservation law, as amended by chapter 57 of the laws of 1993,
8 is amended to read as follows:
9 b. Deer may be taken only by holders of Õbig game or combined resident
10 hunting, fishing and big game or combination free hunting-big game hunt-
11 ing-fishing or combined non-resident hunting, fishing, big game,
12 bowhunting and muzzle-loading or non-resident bowhunting and non-resi-
13 dent muzzle-loading licenseså a license authorizing the taking of big
14 game who have also obtained a special permit provided by the department
15 and issued by the town clerk of each town where such season is fixed;
16 § 40. Subparagraph 1 of paragraph e of subdivision 9 of section
17 11-0903 of the environmental conservation law, as amended by chapter 911
18 of the laws of 1990, is amended to read as follows:
19 (1) a requirement that hunting deer during such special season shall
20 be only by holders of both a Õbig gameå license authorizing the taking
21 of big game and a special permit for the area where hunting is permit-
22 ted,
23 § 41. Paragraph a of subdivision 1 of section 11-0907 of the environ-
24 mental conservation law, as amended by chapter 330 of the laws of 1994,
25 is amended to read as follows:
26 a. Wild deer without antlers or having antlers measuring less than
27 three inches in length shall not be taken unless it is taken (1) by long
28 bow in a special long bow season established in subdivision 3 of this
159 12334-02-0
1 section, or (2) by muzzle-loading firearm in a special muzzle-loading
2 firearm season established in subdivision 8 of this section, or (3) by
3 long bow in Westchester and Suffolk Counties in a year in which a regu-
4 lar season for deer of either sex is established for such counties, or
5 (4) in a special open season for deer of either sex fixed by order
6 pursuant to subdivision 5 or 7 of section 11-0903 of this title, or (5)
7 pursuant to a special antlerless deer license in a special open season
8 for antlerless deer in a tract within a Wilderness Hunting Area fixed by
9 regulation pursuant to subdivision 6 of section 11-0903 of this title,
10 or (6) pursuant to a deer management permit by a person eligible to take
11 such deer pursuant thereto as provided in section 11-0913 of this title,
12 or (7) pursuant to a permit issued to an eligible non-ambulatory person,
13 pursuant to subdivision Õtwoå 2 of section 11-0931 of this title, while
14 in possession of a valid small and big game, junior small and big game,
15 sportsman, super-sportsman or a big game license issued by the depart-
16 ment. Nothing in this subparagraph shall be construed to limit the power
17 of the department to designate by regulation an area or areas of the
18 state consisting of a county or part of a county where such season shall
19 apply and whether the number of such special permits shall be limited.
20 § 42. Paragraph c of subdivision 1 of section 11-0907 of the environ-
21 mental conservation law, as amended by chapter 600 of the laws of 1993,
22 is amended to read as follows:
23 c. The limit for wild deer is one deer per person in a license year
24 except that (1) a person entitled to exercise the privileges of a
25 special antlerless deer license may take an antlerless deer while hunt-
26 ing pursuant to such license in addition to the limit of one deer in a
27 license year otherwise applicable, and (2) a person who is a member of a
28 hunting group holding a deer management permit or permits issued pursu-
160 12334-02-0
1 ant to section 11-0913 may take additional deer while hunting in accord-
2 ance with the conditions of the permit or permits, Õandå (3) the holder
3 of a bowhunting stamp and a muzzle-loading stamp may take additional
4 deer in accordance with the conditions of those stamps, and (4) an
5 eligible non-ambulatory person, pursuant to subdivision Õtwoå 2 of
6 section 11-0931 of this chapter may take a deer of either sex in any
7 deer management unit area where deer management permits have been issued
8 by the department, while in possession of a valid small and big game,
9 junior small and big game, sportsman, super-sportsman or big game
10 license and a special big game permit, issued by the department, for a
11 fee of five dollars. Nothing contained in this section shall be
12 construed to limit the power of the department to designate by regu-
13 lation an area or areas of the state consisting of a county or part of a
14 county where such season shall apply and whether the number of such
15 special permits shall be limited.
16 § 43. Paragraph c of subdivision 1 of section 11-0907 of the environ-
17 mental conservation law, as amended by chapter 911 of the laws of 1990
18 and subparagraph 2 as amended by chapter 119 of the laws of 1991, is
19 amended to read as follows:
20 c. The limit for wild deer and bear is one deer and one bear per
21 person in a license year except that (1) a person entitled to exercise
22 the privileges of a special antlerless deer license may take an antler-
23 less deer while hunting pursuant to such license in addition to the
24 limit of one deer in a license year otherwise applicable, and (2) a
25 person who is a member of a hunting group holding a deer management
26 permit or permits issued pursuant to section 11-0913 may take additional
27 deer while hunting in accordance with the conditions of the permit or
28 permits, Õandå (3) the holder of a bowhunting stamp and a muzzle-loading
161 12334-02-0
1 stamp may take additional deer in accordance with the conditions of
2 those stamps, and (4) an eligible non-ambulatory person, pursuant to
3 subdivision Õtwoå 2 of section 11-0931 of this chapter may take a deer
4 of either sex in any deer management unit area where deer management
5 permits have been issued by the department, while in possession of a
6 valid small and big game, junior small and big game, sportsman, super-
7 sportsman or big game license and a special big game permit, issued by
8 the department, for a fee of five dollars. Nothing contained in this
9 section shall be construed to limit the power of the department to
10 designate by regulation an area or areas of the state consisting of a
11 county or part of a county where such season shall apply and whether the
12 number of such special permits shall be limited.
13 § 44. Paragraphs d and e of subdivision 1 of section 11-0907 of the
14 environmental conservation law are REPEALED and two new paragraphs d and
15 e are added to read as follows:
16 d. (1) A person who holds a super-sportsman license or a small and big
17 game or sportsman license to which a valid bowhunting stamp is affixed
18 or a non-resident bowhunting or combined non-resident hunting, fishing,
19 big game, bowhunting and muzzle-loading license and who has taken a deer
20 by longbow in a special archery season and who has not taken a deer
21 pursuant to the privileges of a license authorizing the taking of big
22 game in a regular open season may, in addition to the limit of one deer
23 in a license year otherwise applicable, take during the same license
24 year an additional deer in a special archery season following the close
25 of the regular open deer season.
26 (2) A person who holds a super-sportsman license or a small and big
27 game license or sportsman license to which a valid bowhunting stamp is
28 affixed or a non-resident bowhunting or combined non-resident hunting,
162 12334-02-0
1 fishing, big game, bowhunting and muzzle-loading license and who has
2 taken a deer by longbow in the regular open season for deer in Westches-
3 ter or Suffolk counties may, in addition to the limit of one deer in a
4 license year otherwise applicable, take during the same license year an
5 additional deer during such Westchester or Suffolk county regular open
6 deer season.
7 e. A person who holds a super-sportsman license or a small and big
8 game, combination free hunting-big game hunting-fishing or sportsman
9 license to which a valid muzzle-loading stamp is affixed, or a non-resi-
10 dent muzzle-loading or combined non-resident hunting, fishing, big game,
11 bowhunting and muzzle-loading license and who has taken a deer by
12 muzzle-loading firearm in a muzzle-loading season and who has not taken
13 a deer pursuant to the privileges of a license authorizing the taking of
14 big game in a regular open season may, in addition to the limit of one
15 deer in a license year otherwise applicable, take during the same year
16 an additional deer in a special muzzle-loading season following the
17 close of the regular deer season.
18 § 45. Paragraph a of subdivision 3 of section 11-0907 of the environ-
19 mental conservation law, as amended by chapter 600 of the laws of 1993,
20 is amended to read as follows:
21 a. In every area identified in column one of the table set forth in
22 subdivision 2 of this section, except Westchester and Suffolk Counties
23 in which a regular open season for taking deer by firearms is estab-
24 lished and effective, a special open season is established for taking
25 deer of either sex, by the use of a long bow only by holders of a Õbig
26 game, combined small game and big game, combined hunting, fishing and
27 big gameå small and big game, sportsman, super-sportsman or combination
28 free hunting-big game hunting-fishing license to which a valid bowhunt-
163 12334-02-0
1 ing stamp is affixed or a junior archery license or to holders of a
2 non-resident bowhunting license.
3 § 46. Paragraph a of subdivision 3 of section 11-0907 of the environ-
4 mental conservation law, as amended by chapter 694 of the laws of 1980,
5 is amended to read as follows:
6 a. In every area identified in column one of the table set forth in
7 subdivision 2 of this section, except Westchester and Suffolk Counties
8 in which a regular open season for taking deer by firearms is estab-
9 lished and effective, a special open season is established for taking
10 deer of either sex, and bear, by the use of a long bow only by holders
11 of a Õbig game, combined small game and big game, combined hunting,
12 fishing and big gameå small and big game, sportsman, super-sportsman or
13 combination free hunting-big game hunting-fishing license to which a
14 valid bowhunting stamp is affixed or a junior archery license or to
15 holders of a non-resident bowhunting license.
16 § 47. Paragraph a of subdivision 5 of section 11-0907 of the environ-
17 mental conservation law, as amended by chapter 768 of the laws of 1978,
18 is amended to read as follows:
19 a. In Monroe County, the area bounded and described as follows: On
20 the west by Route 261 (Manitou Road) beginning at Manitou Beach on Lake
21 Ontario in the town of Greece and continuing southerly along such road
22 to its intersection with the Barge Canal, thence easterly along such
23 canal to East Avenue in the village of Pittsford, thence northeasterly
24 along East Avenue to Allen Creek in the town of Brighton, thence north-
25 erly along Allen Creek to Irondequoit Creek, thence northerly along
26 Irondequoit Creek to Irondequoit Bay, thence northerly along the easter-
27 ly shore of Irondequoit Bay to Lake Ontario; except that deer of either
28 sex may be taken by the use of a long bow by holders of a small and big
164 12334-02-0
1 game or sportsman or super-sportsman license to which a valid bow hunt-
2 ing stamp is affixed or a junior archery license during the regular and
3 special deer hunting seasons provided for in this title and provided
4 further that this exception permitting the taking of deer by a long bow
5 shall not apply within an area in the town of Greece bounded and
6 described as follows: On the west by Long Pond Road beginning at Latta
7 Road and continuing southerly along such road to its intersection with
8 Maiden Lane, thence easterly along Maiden Lane to its intersection with
9 Mt. Read Blvd., thence northerly along Mt. Read Blvd. to its inter-
10 section with Latta Road, thence westerly along Latta Road to its inter-
11 section with Long Pond Road at the point of beginning.
12 § 48. Paragraph a of subdivision 7 of section 11-0907 of the environ-
13 mental conservation law, as amended by chapter 272 of the laws of 1983,
14 is amended to read as follows:
15 a. The area described in this subdivision is closed to the taking of
16 deer and bear by firearms, but shall be open for taking deer by the use
17 of a long bow only by holders of a small and big game, Õcombined small
18 game and big game, combined hunting, fishing and big gameå sportsman,
19 super-sportsman or combination free hunting-big game hunting-fishing
20 license to which a valid bowhunting stamp is affixed or a junior archery
21 license, as follows: during the special deer season stated in subdivi-
22 sion three and during the regular season stated in subdivision Õtwoå 2
23 of this section, deer of either sex may be taken.
24 § 49. Paragraph a of subdivision 8 of section 11-0907 of the environ-
25 mental conservation law, as amended by chapter 241 of the laws of 1997,
26 is amended to read as follows:
27 a. In every area identified in column one of the table set forth in
28 subdivision 2 of this section, except those areas restricted to special
165 12334-02-0
1 seasons for taking deer by longbow only, special open seasons may be
2 established by regulation for taking deer and/or bear, by the use of
3 muzzle-loading firearms, of not less than .44 caliber shooting a single
4 projectile, by the holders of a small and big game, Õcombined small game
5 and big game, combined hunting, fishing and big gameå sportsman or
6 super-sportsman or combination free hunting-big game hunting-fishing
7 license to which a valid muzzle-loading stamp is affixed or a junior
8 small and big game license.
9 § 50. Paragraphs a and b of subdivision 1 of section 11-0911 of the
10 environmental conservation law are REPEALED and two new paragraphs a and
11 b are added to read as follows:
12 a. When a wild deer is taken the taker shall immediately fill in,
13 using ink, ball point pen or indelible pencil, the deer tags issued to
14 the taker as provided in regulations of the department. The taker shall
15 immediately cut out or mark the month and date of kill on the tag and
16 shall attach it to the deer, except that it need not be attached to the
17 deer while it is being dragged or physically carried by the taker to a
18 camp or point where other transportation is available. The taker shall
19 report details of the location and date of harvest and data on the deer
20 as required by regulation.
21 b. When a bear is taken, the taker shall fill out the bear report form
22 issued to the taker as provided in regulations of the department. The
23 taker shall send the report form to the department within five days
24 after the close of the open season in the county where the bear was
25 taken.
26 § 51. Subdivision 3 of section 11-0911 of the environmental conserva-
27 tion law, as amended by chapter 600 of the laws of 1993, is amended to
28 read as follows:
166 12334-02-0
1 3. If a taker is a member of a party of deer hunters, after attaching
2 the deer tag Õmarked "Original"å issued to the taker as provided in
3 regulations of the department to his deer, he may, for the duration of
4 the joint hunt only, continue to assist the other members of the party
5 to take deer if he carries no firearm or long bow and has his license on
6 his person, or he may hunt bear as permitted by the regulations estab-
7 lished pursuant to subdivision 8 of section 11-0903.
8 § 52. Subdivisions 3, 4 and 7 of section 11-0913 of the environmental
9 conservation law, as amended by chapter 57 of the laws of 1993, are
10 amended to read as follows:
11 3. Each member of a group issued a permit pursuant to this section
12 shall possess a small and big game, a junior small and big game, a big
13 game, Õcombined resident hunting, fishing and big gameå sportsman,
14 super-sportsman, combination free hunting-big game hunting-fishing
15 license or combined non-resident hunting, fishing, big game, bowhunting
16 and muzzle-loading license before the permit may be validated.
17 4. During a license year, no person shall use more than one small and
18 big game, junior small and big game, big game, Õcombined resident hunt-
19 ing, fishing and big gameå sportsman, super-sportsman, combination free
20 hunting-big game hunting-fishing license or Õcombined non-resident hunt-
21 ing, fishing, big game, bowhunting and muzzle-loading licenseå in making
22 application for a deer management permit.
23 7. The department shall charge and receive a fee of ten dollars for
24 the application and the processing of such permit or permits. Appli-
25 cants who are successful in the computerized selection shall receive the
26 permit or permits free of any additional charge. The application fee
27 shall be non-refundable. The department may waive the application fee
28 for holders of a Õcombined resident hunting, fishing and big gameå
167 12334-02-0
1 junior small and big game, sportsman, or super-sportsman license Õor a
2 combined non-resident hunting, fishing, big game, bowhunting and
3 muzzle-loading licenseå.
4 § 53. Section 11-0929 of the environmental conservation law, as
5 amended by chapter 694 of the laws of 1980 and subdivisions 1 and 3 as
6 amended by chapter 450 of the laws of 1991, is amended to read as
7 follows:
8 § 11-0929. Hunting by minors.
9 1. A licensee between the ages of twelve and fourteen years shall not
10 hunt wildlife with a gun or a longbow unless he or she is accompanied by
11 his or her parent or legal guardian or relative over the age of twenty-
12 one designated in writing by his or her parent who holds a small and big
13 game, hunting, Õor combined hunting, fishing and big gameå sportsman,
14 super-sportsman or combination free hunting-big game hunting-fishing
15 license; a licensee between the ages of fourteen and sixteen shall not
16 hunt wildlife with a gun or longbow unless he or she is accompanied by
17 his or her parent holding such license, or a person over eighteen years
18 of age, designated in writing by his or her parent or legal guardian,
19 holding such license.
20 2. A licensee under the age of eighteen years who has not previously
21 had a junior small and big game, small and big game, big game, Õcombined
22 small game and big game or combined hunting, fishing and big game
23 licenseå sportsman or super-sportsman issued to him and engaged in hunt-
24 ing pursuant to it shall not hunt deer or bear unless he or she is
25 accompanied by his parent or legal guardian, or by a person over eigh-
26 teen years of age who has had at least one year's experience in hunting
27 deer or bear, and such accompanying parent, guardian or person holds a
28 small and big game, big game, Õcombined small game and big game,
168 12334-02-0
1 combined hunting, fishing and big gameå or sportsman or super-sportsman
2 or combination free hunting-big game hunting-fishing license.
3 3. A junior archery licensee, between the ages of fourteen and sixteen
4 years, shall not hunt deer or bear unless he is accompanied by his
5 parent or legal guardian, or by a person over eighteen years of age who
6 has had at least one year's experience in hunting deer or bear by long-
7 bow, and such accompanying parent, guardian or person holds a small and
8 big game, big game, Õcombined hunting, fishing and big gameå sportsman
9 or super-sportsman or combination free hunting-big game hunting-fishing
10 license with a bowhunting stamp affixed.
11 § 54. Section 83 of the state finance law is amended by adding a new
12 subdivision (h) to read as follows:
13 (h) All moneys, revenues and interest thereon received as a result of
14 the application of subdivision eighteen of section 11-0305 of the envi-
15 ronmental conservation law authorizing the issuance and sale of volun-
16 tary habitat stamps, other than the amount retained by the issuing agent
17 or officer, shall be deposited in a special account within the conserva-
18 tion fund to be known as the habitat account. All of such moneys, reven-
19 ues and interest shall be available to the department of environmental
20 conservation, pursuant to appropriation, exclusively for fish and wild-
21 life habitat management and the improvement and development of public
22 access for hunting, fishing, trapping and other fish and wildlife-relat-
23 ed recreation and study.
24 § 55. This act shall take effect on the first day of October next
25 succeeding the date on which it shall have become a law; provided that
26 the amendments to paragraph c of subdivision 1 of section 11-0907 of the
27 environmental conservation law, made by section forty-two of this act,
28 shall not affect the expiration and reversion of such paragraph, pursu-
169 12334-02-0
1 ant to chapter 600 of the laws of 1993 as amended, when upon such date
2 the provisions of section forty-three of this act shall take effect;
3 provided, further, that the amendments to paragraph a of subdivision 3
4 of section 11-0907 of the environmental conservation law, made by
5 section forty-five of this act, shall not affect the expiration and
6 reversion of such paragraph, pursuant to chapter 600 of the laws of 1993
7 as amended, when upon such date the provisions of section forty-six of
8 this act shall take effect; provided, further that subdivision 3 of
9 section 11-0911 of the environmental conservation law made by section
10 fifty-one of this act shall not affect the expiration and reversion of
11 such subdivision and shall be deemed to expire therewith.
12 PART G
13 Section 1. The real property tax law is amended by adding a new
14 section 480-b to read as follows:
15 § 480-b. State reimbursement for forest tax exemptions. 1. A county,
16 town or school district containing eligible private forest lands shall
17 be eligible for state reimbursement as provided by this section. For
18 purposes of this section, "eligible private forest lands" means private
19 forest tracts receiving an exemption pursuant to section four hundred
20 eighty or four hundred eighty-a of this title, excluding any tract which
21 is or had been a certified tract on which penalties are imposed pursuant
22 to section four hundred eighty or four hundred eighty-a of this title.
23 2. The county treasurer of any county containing eligible private
24 forest lands shall submit to the state board a list of any changes to
25 the assessed value, taxable status or acreage of all such lands made
26 subsequent to the filing of those assessment rolls upon which county
170 12334-02-0
1 taxes are extended, and the county tax rate and town tax rate extended
2 against any parcel receiving one of those exemptions.
3 3. The business manager of any school district containing eligible
4 private forest lands shall submit to the state board a list of any
5 changes to the assessed value, taxable status or acreage of all such
6 lands made subsequent to the filing of those assessment rolls upon which
7 school taxes are extended, and the school tax rate extended against any
8 parcel receiving one of those exemptions.
9 4. The state board shall compute the amount of state assistance paya-
10 ble to or for the benefit of a county, town or school district on
11 account of eligible private forest lands.
12 5. (a) The amount of state assistance paid to a county, town or school
13 district pursuant to this section shall equal the taxes which would have
14 been levied for county, town or school district purposes upon the
15 assessed valuation partially exempt from taxation on the latest final
16 assessment roll of the eligible private forest lands, minus one percent
17 of the total real property tax levy for county, town or school district
18 purposes for the current year, provided that the amount payable to any
19 county, town or school district pursuant to this section shall not
20 exceed the maximum payment prescribed by paragraph (b) of this subdivi-
21 sion.
22 (b) The maximum payment to a county, town or school district pursuant
23 to this section shall be determined as follows:
24 (i) Multiply the total acreage of the eligible private forest lands in
25 the county, town or school district on the latest final assessment roll
26 by the average forest land value per acre, as determined by the state
27 board based on sales of forest parcels of at least fifty acres through-
28 out the region;
171 12334-02-0
1 (ii) Multiply the result by the full value tax rate for county, town
2 or school district purposes for the current year; and
3 (iii) Subtract from the product one percent of the total real property
4 tax levy for county, town or school district purposes for the current
5 year.
6 6. The state board shall certify to the state comptroller the amount
7 of state assistance payable pursuant to this section, and shall mail a
8 copy of such certification to the county treasurer of each county and
9 business manager of each school district containing eligible private
10 forest tracts. Such state assistance shall be paid on audit and warrant
11 of the comptroller out of monies appropriated by the legislature for
12 state assistance to counties, towns and school districts containing
13 eligible private forest tracts.
14 7. If it should appear to the state board that an error was made in
15 the calculation of state assistance pursuant to subdivision five of this
16 section and as a result of that error an incorrect amount of state
17 assistance was paid to a county, town or school district, the state
18 board shall determine the difference between the assistance paid and the
19 assistance that should have been paid and shall adjust the next state
20 assistance certified for such county, town or school district by that
21 difference.
22 § 2. This act shall take effect immediately, provided that state
23 assistance payments pursuant to section 480-b of the real property tax
24 law, as added by section one of this act, shall be limited to the
25 amounts appropriated by the legislature for this purpose, and shall be
26 submitted based upon the assessment rolls with final completion dates on
27 or after July 1, 2000.
172 12334-02-0
1 PART H
2 Section 1. Paragraph a of subdivision 2 of section 92-s of the state
3 finance law, as added by chapter 610 of the laws of 1993, is amended to
4 read as follows:
5 a. The comptroller shall establish the following separate and distinct
6 accounts within the environmental protection fund:
7 (i) solid waste account;
8 (ii) parks, recreation and historic preservation account;
9 (iii) open space account; Õandå
10 (iv) Hudson River estuary trust account; and
11 (v) environmental protection transfer account.
12 § 2. Paragraphs (a), (b), (c) and (d) of subdivision 6 of section 92-s
13 of the state finance law, as amended by chapter 432 of the laws of 1997,
14 are amended to read as follows:
15 (a) All moneys heretofore and hereafter deposited in the environmental
16 protection transfer account shall be transferred by the comptroller to
17 the solid waste account, the parks, recreation and historic preservation
18 account Õorå, the open space account or the Hudson River estuary trust
19 account upon the request of the director of the budget.
20 (b) Moneys from the solid waste account shall be available, pursuant
21 to appropriation and upon certificate of approval of availability by the
22 director of the budget, for any non-hazardous municipal landfill closure
23 project; municipal waste reduction or recycling project, as defined in
24 article fifty-four of the environmental conservation law; for the
25 purposes of section two hundred sixty-one and section two hundred
26 sixty-four of the economic development law; any project for the develop-
27 ment, updating or revision of local solid waste management plans pursu-
173 12334-02-0
1 ant to sections 27-0107 and 27-0109 of the environmental conservation
2 law; Õandå for the development of the pesticide sales and use data base
3 in conjunction with Cornell University pursuant to title twelve of arti-
4 cle thirty-three of the environmental conservation law; and for any
5 project to assess and recover any natural resource damages to the Hudson
6 River.
7 (c) Moneys from the parks, recreation and historic preservation
8 account shall be available, pursuant to appropriation, for any municipal
9 park project, historic preservation project, urban cultural park
10 project, waterfront revitalization program, coastal rehabilitation
11 project, state parks and lands infrastructure and stewardship project,
12 Hudson River Park project consistent with chapter five hundred ninety-
13 two of the laws of nineteen hundred ninety-eight.
14 (d) Moneys from the open space account shall be available, pursuant to
15 appropriation, for any open space land conservation project, bio-diver-
16 sity stewardship and research pursuant to chapter five hundred fifty-
17 four of the laws of nineteen hundred ninety-three, for the purposes of
18 agricultural and farmland protection activities as authorized by article
19 twenty-five-AAA of the agriculture and markets law, non-point source
20 abatement and control projects pursuant to section 17-1409 of the envi-
21 ronmental conservation law and section eleven-b of the soil and water
22 conservation districts law, soil and water conservation district activ-
23 ities authorized for reimbursement pursuant to section eleven-a of the
24 soil and water conservation districts law, for Long Island Central Pine
25 Barrens area planning or Long Island south shore estuary reserve plan-
26 ning pursuant to title thirteen of article fifty-four of the environ-
27 mental conservation lawÕ. Moneys from the open space account shall also
28 be available until March thirty-first, nineteen hundred ninety-nine,
174 12334-02-0
1 pursuant to appropriationå, for the state reimbursement for forest tax
2 exemptions pursuant to section four hundred eighty-b of the real proper-
3 ty tax law, for operation and management of the Albany Pine Bush
4 preserve commission pursuant to subdivision two of section 54-0303 of
5 the environmental conservation law, and for New York state's membership
6 in the following interstate pollution control commissions set forth in
7 article twenty-one of the environmental conservation law: the Delaware
8 River basin commission, the Susquehanna River basin commission, the Ohio
9 River valley water sanitation commission, the Great Lakes basin commis-
10 sion, the interstate sanitation commission and the New England inter-
11 state water pollution control commission.
12 § 3. Subdivision 6 of section 92-s of the state finance law is amended
13 by adding a new paragraph (f) to read as follows:
14 (f) Moneys from the Hudson River estuary trust account shall be avail-
15 able, pursuant to appropriation, for projects to implement the Hudson
16 River estuary management plan prepared pursuant to section 11-0306 of
17 the environmental conservation law.
18 § 4. Article 54 of the environmental conservation law is amended by
19 adding a new title 14 to read as follows:
20 TITLE 14
21 STATE PARKS AND LANDS INFRASTRUCTURE AND STEWARDSHIP PROJECTS
22 Section 54-1401. Definitions.
23 54-1402. State parks and lands infrastructure and stewardship
24 projects.
25 § 54-1401. Definitions.
26 As used in this title:
27 1. "Stewardship" shall mean the care of the lands, facilities and
28 natural and cultural resources under the jurisdiction of the department
175 12334-02-0
1 and the office of parks, recreation and historic preservation on behalf
2 of the public, and the provision of public access thereto.
3 2. "State parks and lands infrastructure" shall mean state park
4 resources, recreational facilities and historic sites and any other
5 property, real or personal, under the jurisdiction of the department and
6 the office of parks, recreation and historic preservation, together with
7 machinery, equipment, furnishings and fixtures relating thereto or used
8 in connection therewith.
9 3. "State parks and lands infrastructure and stewardship projects"
10 shall mean all costs incurred or to be incurred by or on behalf of the
11 department and the office of parks, recreation and historic preservation
12 for the purpose of preserving, improving or rehabilitating state parks
13 and lands infrastructure. Such projects may include, but are not limit-
14 ed to: natural resource and habitat restoration and protection such as
15 the protection and management of biological, land, geological, archeo-
16 logical and other natural resources, survey and inventory, scientific
17 research, planning and analysis, and development of unit management
18 plans; projects to improve public access including access opportunities
19 for people with disabilities by developing, restoring, reconstructing,
20 rehabilitating and maintaining physical facilities, including but not
21 limited to buildings, roads, bridges and waste disposal systems;
22 projects to develop, maintain, or improve marine resource facilities,
23 water access facilities, recreational trails, campgrounds, day use
24 areas, fish hatcheries, public beach facilities, visitor centers, inter-
25 pretive and conservation education facilities; and historic preservation
26 projects to improve, restore or rehabilitate property listed on the
27 state or national registers of historic places to protect the historic,
28 cultural or architectural significance thereof.
176 12334-02-0
1 § 54-1402. State parks and lands infrastructure and stewardship
2 projects. 1. The commissioner and the commissioner of parks, recreation
3 and historic preservation are authorized to undertake state parks and
4 lands infrastructure and stewardship projects.
5 2. No monies shall be expended for state parks and lands infrastruc-
6 ture and stewardship projects except pursuant to an appropriation there-
7 for.
8 § 5. Subdivision 7 of section 92-s of the state finance law is
9 REPEALED.
10 § 6. Subdivision 2 of section 54-0509 of the environmental conserva-
11 tion law, as amended by section 18 of part A of chapter 58 of the laws
12 of 1998, is amended to read as follows:
13 2. An agreement by the commissioner to make state assistance payments
14 toward the cost of the project by periodically reimbursing the munici-
15 pality for costs incurred during the progress of the project to a maxi-
16 mum of either fifty percent of the cost, or Õseventy-fiveå ninety
17 percent of the cost for a municipality with a population smaller than
18 thirty-five hundred as determined by the current federal decennial
19 census, or two million dollars, whichever is less. The commissioner may
20 consider landfill gas management projects separately from landfill
21 closure projects. Such costs are subject to final computation and
22 determination by the commissioner upon completion of the project, and
23 shall not exceed the maximum cost set forth in the contract. For
24 purposes of this subdivision, the approved project cost shall be reduced
25 by the amount of any specific state assistance payments for landfill
26 closure project purposes received by the municipality from any source;
27 provided, however, that non-specific state assistance payments, such as
177 12334-02-0
1 amounts paid pursuant to section fifty-four of the state finance law,
2 shall not be included in such cost reduction.
3 § 7. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on and after April 1, 2000.
5 PART I
6 Section 1. Subdivision c of section 8 of section 4 of chapter 576 of
7 the laws of 1974 constituting the emergency protection act of nineteen
8 seventy-four, as amended by chapter 403 of the laws of 1983, is amended
9 to read as follows:
10 c. Whenever a city having a population of one million or more has
11 determined the existence of an emergency pursuant to section three of
12 this act, the provisions of this act and the New York city rent stabili-
13 zation law of nineteen hundred sixty-nine shall be administered by the
14 state division of housing and community renewal as provided in the New
15 York city rent stabilization law of nineteen hundred sixty-nine, as
16 amended, or as otherwise provided by law. The costs incurred by the
17 state division of housing and community renewal in administering such
18 regulation shall be paid by such city. All payments for such adminis-
19 tration shall be transmitted to the state division of housing and commu-
20 nity renewal as follows: on or after April first of each year commencing
21 with April, nineteen hundred eighty-four, the commissioner of housing
22 and community renewal shall determine an amount necessary to defray the
23 division's anticipated annual cost, and one-quarter of such amount shall
24 be paid by such city on or before July first of such year, one-quarter
25 of such amount on or before October first of such year, one-quarter of
26 such amount on or before January first of the following year and one-
178 12334-02-0
1 quarter of such amount on or before March thirty-first of the following
2 year. After the close of the fiscal year of the state, the commissioner
3 shall determine the amount of all actual costs incurred in such fiscal
4 year and shall certify such amount to such city. If such certified
5 amount shall differ from the amount paid by the city for such fiscal
6 year, appropriate adjustments shall be made in the next quarterly
7 payment to be made by such city. In the event that the amount thereof is
8 not paid to the commissioner as herein prescribed, the commissioner
9 shall certify the unpaid amount to the comptroller, and the comptroller
10 shall, to the extent not otherwise prohibited by law, withhold such
11 amount from the next succeeding payment of per capita assistance to be
12 apportioned to such city. In no event shall the amount imposed on the
13 owners Õor certified by the division to the cityå exceed ten dollars per
14 unit per year.
15 § 2. This act shall take effect April 1, 2000.
16 PART J
17 Section 1. Funds appropriated from the statewide energy improvement
18 account, special revenue fund - other, for services and expenses of the
19 power authority of the state of New York, shall be available for energy
20 efficiency projects. The use of these funds is not intended to limit the
21 right or obligation of the power authority of the state of New York to
22 comply with the provisions of any contract, including any existing
23 contract with or for the benefit of the holders of any obligations of
24 the power authority.
25 § 2. The power authority of the state of New York shall transfer
26 $1,500,000 to New York state on or before March 31, 2001.
179 12334-02-0
1 § 3. Notwithstanding section 1010-a of the public authorities law, the
2 comptroller is hereby authorized and directed to transfer to the power
3 authority of the state of New York $1,500,000, constituting monies
4 appropriated to the statewide energy improvement account for the power
5 authority of the state of New York pursuant to a chapter of the laws of
6 2000 enacting the transportation, economic development and environmental
7 conservation bill, and the power authority of the state of New York is
8 authorized to hold such monies for the purposes specified in a chapter
9 of the laws of 2000.
10 § 4. In accordance with section 4 of the state finance law, the comp-
11 troller is hereby authorized and directed to transfer, upon request of
12 the director of the budget, up to $1,500,000 from the federal operating
13 grants fund (290) to the miscellaneous special revenue fund (339),
14 statewide energy improvement account, on or before March 31, 2001.
15 § 5. This act shall take effect April 1, 2000.
16 PART K
17 Section 1. Subdivision 4 of section 94 of the transportation law, as
18 added by chapter 15 of the laws of 1983, is amended to read as follows:
19 4. All fees charged and collected by the commissioner hereunder shall
20 be Õpaid into the state treasury to the credit of the general fundå
21 deposited to the miscellaneous special revenue fund - transportation
22 regulation account for the purposes established in this section.
23 § 2. This act shall take effect April 1, 2000.
24 PART L
180 12334-02-0
1 Section 1. Paragraph (b) of subdivision 1 of section 385 of the
2 public authorities law, as added by chapter 56 of the laws of 1993, and
3 subparagraph (iii) as amended by chapter 637 of the laws of 1996, is
4 amended to read as follows:
5 (b) The authority is hereby authorized, as additional corporate
6 purposes thereof solely upon the request of the director of the budget:
7 (i) to issue special emergency highway and bridge trust fund bonds and
8 notes for a term not to exceed thirty years and to incur obligations
9 secured by the moneys appropriated from the dedicated highway and bridge
10 trust fund established in section eighty-nine-b of the state finance
11 law; (ii) to make available the proceeds in accordance with instructions
12 provided by the director of the budget from the sale of such special
13 emergency highway and bridge trust fund bonds, notes or other obli-
14 gations, net of all costs to the authority in connection therewith, for
15 the purposes of financing all or a portion of the costs of activities
16 for which moneys in the dedicated highway and bridge trust fund estab-
17 lished in section eighty-nine-b of the state finance law are authorized
18 to be utilized or for the financing of disbursements made by the state
19 for the activities authorized pursuant to section eighty-nine-b of the
20 state finance law; and (iii) to enter into agreements with the commis-
21 sioner of transportation pursuant to section ten-e of the highway law
22 with respect to financing for any activities authorized pursuant to
23 section eighty-nine-b of the state finance law, or agreements with the
24 commissioner of transportation pursuant to sections ten-f and ten-g of
25 the highway law in connection with activities on state highways pursuant
26 to these sections, and (iv) to enter into service contracts, contracts,
27 agreements, deeds and leases with the director of the budget or the
28 commissioner of transportation and project sponsors and others to
181 12334-02-0
1 provide for the financing by the authority of activities authorized
2 pursuant to section eighty-nine-b of the state finance law, and each of
3 the director of the budget and the commissioner of transportation are
4 hereby authorized to enter into service contracts, contracts, agree-
5 ments, deeds and leases with the authority, project sponsors or others
6 to provide for such financing. The authority shall not issue any bonds
7 or notes in an amount in excess of Õ$4.75å $10.25 billion, plus a prin-
8 cipal amount of bonds or notes: (A) to fund capital reserve funds; (B)
9 to provide capitalized interest; and, (C) to fund other costs of issu-
10 ance. In computing for the purposes of this subdivision, the aggregate
11 amount of indebtedness evidenced by bonds and notes of the authority
12 issued pursuant to this section, as amended by a chapter of the laws of
13 nineteen hundred ninety-six, there shall be excluded the amount of bonds
14 or notes issued that would constitute interest under the United States
15 Internal Revenue Code of 1986, as amended, and the amount of indebt-
16 edness issued to refund or otherwise repay bonds or notes.
17 § 2. Paragraph (b) of section 11 of chapter 329 of the laws of 1991,
18 amending the state finance law and other laws relating to the establish-
19 ment of the dedicated highway and bridge trust fund, as amended by chap-
20 ter 432 of the laws of 1997, is amended to read as follows:
21 (b) Any service contract or contracts for projects authorized pursuant
22 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
23 14-k of the transportation law, and entered into pursuant to subdivision
24 (a) of this section, shall provide for state commitments to provide
25 annually to the thruway authority a sum or sums, upon such terms and
26 conditions as shall be deemed appropriate by the director of the budget,
27 to fund, or fund the debt service requirements of any bonds or any obli-
28 gations of the thruway authority issued to fund such projects having a
182 12334-02-0
1 cost not in excess of Õ$2,499.55 million cumulatively by the end of
2 fiscal year 1999-00å $3,787.55 million cumulatively by the end of fiscal
3 year 2004-05.
4 § 3. The sum of two hundred fifty-seven million six hundred thousand
5 dollars ($257,600,000), or so much thereof as shall be necessary, and in
6 addition to amounts previously appropriated by law, is hereby made
7 available, in accordance with subdivision 1 of section 380 of the public
8 authorities law as amended, according to the following schedule.
9 Payments pursuant to subdivision (a) of this section shall be made
10 available as moneys become available for such payments. Payments pursu-
11 ant to subdivision (b) of this section shall be made on the fifteenth
12 day of June, September, December and March or as soon thereafter as
13 moneys become available for such payments. No moneys of the state in the
14 state treasury or any of its funds shall be available for payments
15 pursuant to this section:
16 SCHEDULE
17 (a) Thirty-nine million seven hundred thousand dollars ($39,700,000)
18 to municipalities for repayment of eligible costs of federal aid munici-
19 pal street and highway projects pursuant to section 15 of chapter 329 of
20 the laws of 1991, as added by section 9 of chapter 330 of the laws of
21 1991, as amended. The department of transportation shall provide such
22 information to the municipalities as may be necessary to maintain the
23 federal tax exempt status of any bonds, notes, or other obligations
24 issued by such municipalities to provide for the non-federal share of
25 the cost of projects pursuant to chapter 330 of the laws of 1991 or
26 section 80-b of the highway law.
27 The program authorized pursuant to section 15 of chapter 329 of the
28 laws of 1991, as added by section 9 of chapter 330 of the laws of 1991,
183 12334-02-0
1 as amended, shall additionally make payments for reimbursement according
2 to the following schedule:
3 State Fiscal Year Amount
4 2001-02 $39,700,000
5 2002-03 $39,700,000
6 2003-04 $39,700,000
7 2004-05 $39,700,000
8 (b) Two hundred seventeen million nine hundred thousand dollars
9 ($217,900,000) to counties, cities, towns and villages for reimbursement
10 of eligible costs of local highway and bridge projects pursuant to
11 sections 16 and 16-a of chapter 329 of the laws of 1991, as added by
12 section 9 of chapter 330 of the laws of 1991, as amended. For the
13 purposes of computing allocations to municipalities, the amount distrib-
14 uted pursuant to section 16 of chapter 329 of the laws of 1991 shall be
15 deemed to be $114,188,000. The amount distributed pursuant to section
16 16-a of chapter 329 of the laws of 1991 shall be deemed to be
17 $103,712,000. Notwithstanding the provisions of any general or special
18 law, the amounts deemed distributed in accordance with section 16 of
19 chapter 329 of the laws of 1991 shall be adjusted so that such amounts
20 will not be less than 78.750 percent of the "funding level" as defined
21 in subdivision 5 of section 10-c of the highway law for each such muni-
22 cipality. In order to achieve the objectives of section 16 of chapter
23 329 of the laws of 1991, to the extent necessary, the amounts in excess
24 of 78.750 percent of the funding level to be deemed distributed to each
25 municipality under this paragraph shall be reduced in equal proportion.
26 The program authorized pursuant to sections 16 and 16-a of chapter 329
27 of the laws of 1991, as added by section 9 of chapter 330 of the laws of
184 12334-02-0
1 1991, as amended, shall additionally make payments for reimbursement
2 according to the following schedule:
3 State Fiscal Year Amount
4 2001-02 $217,900,000
5 2002-03 $217,900,000
6 2003-04 $217,900,000
7 2004-05 $217,900,000
8 § 4. This act shall take effect April 1, 2000.
9 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
10 sion, section or part contained in any part of this act shall be
11 adjudged by any court of competent jurisdiction to be invalid, such
12 judgment shall not affect, impair, or invalidate the remainder thereof,
13 but shall be confined in its operation to the clause, sentence, para-
14 graph, subdivision, section or part contained in any part thereof
15 directly involved in the controversy in which such judgment shall have
16 been rendered. It is hereby declared to be the intent of the legislature
17 that this act would have been enacted even if such invalid provisions
18 had not been included herein.
19 § 3. This act shall take effect immediately provided, however, that
20 the applicable effective date for Parts A through L of this act shall be
21 as specifically set forth in the last section of such Part.