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CHAPTER 34

AN ACT to amend the executive law, in relation to the bureau of institu

tional parole services and to parole officers
Became a law April 16, 1985, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

Section 1. Section two hundred fifty-nine-e of the executive law, as added by chapter nine hundred four of the laws of nineteen hundred seventy-seven, is amended to read as follows:

§ 259-e. Institutional parole services. [There shall be in the) The division [a bureau of] shall provide institutional parole services. [The head of such bureau shall be appointed by the chairman. ]

Subject to the authority of the chairman,, [he shall have direct responsibility for and supervision of] these shall include preparation of reports and other data required by the state board of parole in the exercise of its functions with respect to release on parole and conditional release of inmates. Employees of the division who collect data, interview inmates and prepare reports for the state board of parole in institutions under the jurisdiction of the department of correctional services [shall be assigned to such bureau of institutional parole services and] shall not work under the direct or indirect supervision of the head of the institution.

§ 2. Subdivision one of section two hundred fifty-nine-f of such law, as added by chapter nine hundred four of the laws of nineteen hundred seventy-seven, is amended to read as follows:

1. Employees in the division who perform the duties of supervising inmates released on parole or conditional release, and employees who perform (non-clerical] professional duties in institutions and who are assigned to [the bureau of) provide institutional parole services pursuant to section two hundred fifty-nine-e of this article, shall be parole officers.

§ 3. This act shall take effect April first, nineteen hundred eightyfive.

CHAPTER 35

AN ACT to amend the navigation law, in relation to transferring the pows

ers, functions and duties of the commissioner of transportation and the department of transportation relating to oil spill prevention, control and compensation to the commissioner of enviromental conservar tion and the department of environmental conservation, respectively Became a law April 16, 1985, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section one hundred seventy-one of the navigation law, as added by chapter eight hundred forty-five of the laws of nineteen hundred seventy-seven, is amended to read as follows:

S 171. Purposes. It is the purpose of this article to ensure a clean environment and healthy economy for the state by preventing the

unregulated discharge of petroleum which may result in damage to lands, waters or natural resources of the state by authorizing the [department of transportation and the). department of environmental conservation to respond quickly to such discharges and effect prompt cleanup and removal of such discharges, giving first priority to minimizing environmental EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

of

however,

damage, and by providing, for liability for damage sustained within the state as a result of such discharges.

§. 2. Subdivisions six and seven of section one hundred seventy-two of such law,, as added by chapter eight hundred forty-five of the laws

of nineteen hundred seventy-seven, are amended to read as follows:

6. "Commissioner" means the commissioner of the department of [transportation] environmental conservation, unless otherwise indicated;

7. "Department" means the department of [transportation) environmental conservation, unless otherwise indicated; § 3. Subdivisions three, four and eight

eight of section one hundred seventy-four of such law, as added by chapter eight hundred forty-five

the laws of nineteen hundred seventy-seven, are amended to read as follows:

3. As a condition precedent to the issuance or renewel of a license the department shall require satisfactory evidence that the applicant has implemented or is in the process of implementing state and federal plans and regulations for control of discharges of petroleum, and the containment and removal thereof when a discharge occurs. [Provided, however, that the department shall issue or renew licenses for onshore major facilities only on certification by the department of environmental conservation that the applicant has implemented or is in the process of implementing state and federal plans and regulations for the control of discharges, and the containment and removal thereof when a discharge occurs. ]

4. The license fee shall be one cent per barrel transferred until the balance in the fund equals or exceeds twenty-five million dollars, provided,

that the fee on any barrel, including any products derived therefrom, subject to multiple transfer, shall be imposed only once at the point of first transfer. In each fiscal year following any year in which the balance of the fund equals or exceeds twenty-five million dollars, no license fee shall be imposed unless (a) the current balance in the fund is less than twenty million dollars or (b) pending claims against the fund exceed fifty percent of the existing balance of the fund. The provisions of the foregoing, notwithstanding, should claims paid from the fund not exceed five million dollars within three years after the license fee is first imposed, the license fee shall be cent per barrel transferred until the balance in the fund equals or exceeds eighteen million dollars, and thereafter shall not be imposed unless: (1) the current balance in the fund is less than fifteen million dollars or' (2) pending claims against the fund exceed fifty , percent of the existing balance of the fund. In the event of either such' occurrence and upon certification thereof by the state comptroller, the administrator shall within ten days of the date of such certification reimpose the license fee, which shall take effect on the first day of the month following such relevy. In the event of a major discharge or series of discharges resulting in claims against the fund exceeding the existing balance of the fund, the license fee shall be imposed at the rate of four cents per barrel transferred until the balance in the fund equals pending, claims against the fund; provided, however, that the rate may be set at less than four cents per barrel transferred if the administrator determines that the revenue produced by such lower rate shall be sufficient to pay outstanding claims against the fund within one year of such imposition of the license fee. Should the fund exceed eighteen million dollars or twenty-five million dollars, as herein provided, as a result of interest, the administrator and the [commissioners] commissioner of environmental conservation (and

transportation) shall report to the legislature and the governor concerning the options for the use of such interest.

Within three months of the effective date of this article every owner or operator of a major facility shall obtain a license. The department shall issue a license upon the showing that such registrant can provide necessary equipment to prevent, contain and remove discharges of petroleum. [Provided, however, that the department shall issue or renew licenses for onshoré major facilities only on certification by the department of environmental conservation that such registrant can provide necessary equipment to prevent, contain and remove discharges. ]

§. 4. Section one hundred seventy-five of such law, as added by chapter eight hundred forty-five of the laws of nineteen hundred seventy-seven, is amended to read as follows:

၌ 175. Notification by persons responsible for discharge. Any person responsible for causing a discharge shall immediately notify the department pursuant to rules and regulations established by the depart

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ment, but in no case later than two hours after the discharge. Failure to só notify shall make persons liable to the penalty provisions of section 192 of this article. [The department shall immediately inform the department of environmental conservation of such notification. ] Notwithstanding the provisions of any other law, such notification to the department shall be deemed to fulfill the notification requirements of any other state or local law.

§ 5. Subdivisions two and five of section one hundred seventy-six of such law, as added by chapter eight hundred forty-five of the laws of nineteen hundred seventy-seven, are amended to read as follows: 2. Upon the

occurrence of a discharge of petroleum, the department shall respond promptly and proceed to cleanup and remove the discharge in accord with environmental priorities. The department shall be responsible for cleanup and removal or as the case may be, for retaining agents and contractors who shall operate under the direction of that department for such purposes. [The department of environmental conservation shall respond promptly and be responsible for ascertaining, environmental priorities relevant to the discharge, shall provide technical expertise relevant to environmental concerns, shall provide the direction as to the location of imperiled wildlife habitat or areas of environmental value, and shall ascertain procedures necessary to ensure prompt and environmentally correct cleanup and removal. ] Implementation of cleanup and removal procedures after each discharge shall be conducted in accordance with environmental priorities and procedures established by the department [of environmental conservation].

5. The department (and the department of environmental conservation jointly] in consultation with the attorney general shall develop a standard contract form to be used when contracting services for the cleanup and removal of a discharge.

$.6. Subdivisions one and four of section one hundred seventy-seven of such law,, as added by chapter eight hundred forty-five of the laws of nineteen hundred seventy-seven, is amended to read as follows:

1. The commissioner shall establish an emergency oil spill control network which shall be comprised of available equipment from appropriate town, county and state highway departments. Such network shall be employed to provide an immediate response to a discharge any of the waters of the state. Furthermore, such network shall be employed in conjunction with the cleanup operations of the owner operator, the department and [the department of environmental conservation or] any federal agency.

The commissioner may request and shall receive from [the department of environmental conservation and] any other state agency such assistance and data as will enable him to carry out his responsibilities pursuant to this section. § 7. Section one hundred

hundred seventy-eight of such law, as amended by chapter six hundred forty-nine of the laws of nineteen hundred eighty, is amended to read as follows:

§ 178. Right to enter and inspect. The [departments are] department is hereby authorized to enter and inspect any property or premises for the purpose of inspecting facilities and investigating either actual or suspected sources of discharges or violation of this article or any rule or regulation promulgated pursuant to this article. The [departments are] department is further aụthorized to enter on property

premises in order to assist in the cleanup or removal of the discharge. Any information relating to secret processes or methods of manufacture shall be kept confidential.

$ 8. Subdivision five of section one hundred eighty of such law, as added by chapter eight hundred forty-five of the laws of nineteen hundred seventy-seven, is amended to read as follows:

5. To disburse moneys from the fund for cleanup and removal costs pursuant to a certification of claims by the commissioner (and the missioner of the department of environmental conservation].

§ 9. Subdivision one of section one hundred eighty-six of such law, added by chapter eight hundred forty-five of the laws of nineteen hundred seventy-seven, is amended to read as follows:

1. Moneys in the fund shall be disbursed by the administrator, upon certification by the commissioner (and the commissioner of the department of environmental conservation), for the purpose of costs incurred under section one hundred seventy-six of this article. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

to be omitted.

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5 10. Paragraph (c) of subdivision two of section one hundred eightyșix of such law, as added by chapter eight hundred forty-five of the laws of nineteen hundred seventy-seven, is amended to read as follows:

(c) Such sums as may be necessary for the boards, general administration of the fund, equipment and personnel costs of the [departments] department of transportation and) environmental conservation and any other state agency related to the enforcement of this article as may be appropriated by the legislature;

$ 11. Sections one hundred ninety-one, one hundred ninety-six and one hundred ninety-seven of such law, as added by

by chapter eight hundred forty-five of the laws of nineteen hundred seventy-seven, are amended to read as follows:

§ 191. Joint rules and regulations. The commissioner[, the commissioner of the department of environmental conservation,) and the state comptroller are authorized to adopt, amend, repeal, and enforce such rules and regulations pursuant to

the state administrative procedure act, as they may

deem necessary to accomplish the purposes of this article. § 196.

Reports. The commissioner[, the commissioner of the department of environmental conservation,) and the administrator shall make an annual report to the legislature and the governor which shall describe the quality and quantity of spills of petroleum, the costs and damages paid" by and recovered for the fund, and the economic and environmental impact on the state as a result of the administration of this article.

$197. Effect of federal legislation. If the United States congress enacts legislation providing compensation in the event of a discharge of petroleum, the commissioner (and the commissioner of the department of environmental conservation] shall determine to what degree that legislation provides the needed protection for our citizens, businesses and environment and shall make the appropriate recommendations to the legislature for amendments to this article.

$ 12. 1. All powers, functions, duties and obligations of the commissioner of transportation and the department of transportation pertaining to oil spill prevention, control and compensation under article twelve of the navigation law are hereby transferred to the commissioner of environmental conservation and the department of environmental conservation, respectively.

2. Upon the transfer of functions to the department of environmental conservation pursuant to this act, provision shall be made for the transfer to the department of environmental conservation of such employees of the department of transportation who are substantially engaged in carrying out such functions as the commissioners of transportation and environmental conservation may deem necessary for the exercise of the functions herein transferred to the department of environmental conservation. Employees so transferred shall be transferred pursuant to subdivision two of section seventy of the civil service law.

3. The department of transportation shall deliver to the department of environmental conservation all books, papers, records and property, of such department pertaining to the functions transferred pursuant to this act, including trucks or other specialized equipment purchased by the New York environmental protection and spill compensation fund.

4. For the purpose of succession to all functions, powers, duties and obligations transferred pursuant to this act, the department of environmental conservation shall constitute the continuation of the department of transportation and not a different agency or authority.

5. All rules, regulations, acts, determinations, orders and decisions of the commissioner of transportation and of the department of transportation pertaining to the functions transferred pursuant to this act, in force at the time of such transfer, shall continue in force and effect as rules, regulations, acts, determinations, orders and decisions of the commissioner of environmental conservation and of the department of vironmental conservation until duly modified or abrogated by the commissioner of environmental conservation.

6. Any business or other matter undertaken or commenced by the commissioner of transportation or the department of transportation pertaining to connected with the functions, powers, obligations and duties transferred pursuant to this act, and pending the effective date hereof, may be conducted and completed by the commissioner of environmental conservation or the department of environmental conservation in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the commissioner of transportation or the department of transportation.

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7. Whenever the commissioner of transportation or the department of transportation is referred to or designated in

any law, contract or document pertaining to the functions, powers, obligations and duties transferred pursuant to this act, such reference or designation shall be deemed to refer to the commissioner of environmental conservation or the department of environmental conservation as the case may be.

8. No existing, right or remedy of any character shall be lost, impaired or affected by reason of this act.

9. No action or proceeding pending on the effective date of this act, brought by or against the commissioner of transportation or the department of transportation, and pertaining to or connected with the functions, powers, obligations and duties, transferred pursuant to this act, shall be affected by this act, but the same may be prosecuted or defended in the name of the commissioner of environmental conservation or the department of environmental conservation. In all such actions and proceedings, the commissioner of environmental conservation or the department of environmental conservation, upon application to the court, shall be substituted as a party.

10. Subject to the approval of the director of the budget, all apppropriations or reappropriations for the functions herein transferred heretofore made to the department of transportation, or segregated pursuant to law, to the extent of remaining unexpended or unencumbered balances thereof, whether allocated or unallocated or whether obligated or unobligated, are hereby transferred to and made available for use and expenditure by the department of environmental conservation for the same purposes for which originally appropriated or reappropriated and shall be payable on vouchers certified or approved by the commissioner of environmental conservation on the audit or warrant of the comptroller. Payments for liabilities for expenses, personal service, maintenance and operations heretofore incurred by the department of transportation in connection with the functions herein transferred and for liabilities incurred and to be incurred in completing their affairs in relation to the functions transferred herein, shall be made on vouchers or certificates approved by the commissioner of environmental conservation on audit and warrant of the comptroller.

§ 13. This act shall take effect on the one hundred eightieth day after it shall have become a law.

CHAPTER 36

AN ACT to

amend

chapter nine hundred fifteen of the laws of nineteen hundred eighty-two, amending the public authorities law relating to the power of the state of New York mortgage agency, in relation to extending the effectiveness of certain provisions of such chapter Became a law April 16, 1985, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section sixteen of chapter nine hundred fifteen of the laws of nineteen hundred eighty-two, amending the public

authorities

law relating to

the

power of the state of New York mortgage agency, as amended by chapter one thousand four of the laws

of

nineteen hundred eighty-four, is amended to read as follows:

$ 16. This act shall take effect immediately except that the amendments to law effected by sections through ten of this act, amended, shall cease to be of force and effect on and after [April] June thirtieth, nineteen hundred eighty-five, on which date the provisions of the public authorities law amended by such sections shall be as they were in force and effect immediately prior to this act taking effect.

§ 2. This act shall take effect immediately.

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EXPLANATION-Matter in italics is new; matter in brackets [] is old law

to be omitted.

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