E ing thereto. Notwithstanding any other provision of law, such agreement shall provide for the exclusive method of collection, custody, and remittal of the proceeds of any such tax; for the payment by such city of the reasonable expenses incurred by the department of motor vehicles in connection with the collection and administration of any such tax; for the commissioner of finance of such city, or a duly designated representative, upon his or her request, not more frequently than once in each calendar year at a time agreed upon by the state comptroller, to audit the accuracy of the payments, distributions, and remittances to such city made pursuant to this subdivision; and for such other matters as may be necessary and proper to effectuate the purposes of such agreement. (b) Any local law imposing the taxes authorized by this act may provide that, in cases in which the commissioner of motor vehicles is responsible for collecting such tax, the payment of such tax shall be a condition precedent to the registration or renewal thereof of the motor vehicle subject to such tax and to the issuance of any certificate of registration and plates or removable date tag in accordance with the vehicle and traffic law and the rules and regulations promulgated thereunder, and no such certificate of registration, plates or tag shall be issued unless such tax has been paid. Such local law may also provide that, in cases in which the commissioner of finance of the city imposing such tax is responsible for the collection thereof, the commissioner of motor vehicles shall not issue a certificate of registration, plates or tag for any motor vehicle subject to such tax for which the commissioner of finance has notified the commissioner of motor vehicles that such tax has not been paid, unless the registrant submits proof, in a form approved by the commissioner of motor vehicles, that such tax has been paid, or is not due, with respect to such motor vehicle. § 7. Subdivision 4 of section 11-801 of the administrative code of the city of New York is amended to read as follows: 4. "Motor vehicle for transportation of passengers." (a) Any motor vehicle licensed as a taxicab or as a coach, or any motor vehicle, not So licensed, which carries passengers for compensation, including limousine service, whether the compensation paid by or on behalf of passenger is based on mileage, trip, time consumed or any other basis; and the (b) Any omnibus, except one operated pursuant to a franchise when, under such franchise or under a contract (relating to transportation to or from airports in the city) with the port of New York authority, the holder of the franchise pays to the city or to the port of New York authority a percentage of its gross earnings or gross receipts or one used exclusively in interstate commerce; provided such motor vehicles, as defined in paragraph (a) or (b) of this subdivision, are used regularly, even though not principally, in the city; and further provided that this definition shall not be deemed to include any motor vehicle used principally for the transportation of children to and from schools and day camps operated by non-profit agencies as defined in subdivision four of section 11-803, [or] any motor vehicle used exclusively for transportation of persons in connection with funerals or any motor vehicle for transportation of passengers where neither the owner of such motor vehicle nor any person or business engaged in transporting passengers by motor vehicle for-hire that is affiliated with such owner has place of business in such city, a telephone number in such city, or solicits business or specifically advertises in such city. a § 8. This act shall take effect immediately, provided that sections one and three of this act shall take effect on the sixtieth day after it shall have become a law, and provided further that the amendments made by sections five and seven of this act shall apply to tax years beginning on and after June 1, 1993, and provided further that any person whose application for a permit pursuant to subdivision 2 of section 498 of the vehicle and traffic law as added by section three of this act, is complete on or before June 30, 1993 and who would be required to pay annual fee for such permit of two hundred fifty dollars pursuant to paragraph (a) of subdivision 2 of such section of the vehicle and traffic law shall instead pay an annual fee of two hundred dollars for the first year of such permit term and thereafter be subject to the fees provided in paragraph (a) of subdivision 2 of such section of the vehicle and traffic law. an EXPLANATION-Matter in italics is new; matter in brackets [] is old law CHAPTER 790 AN ACT to amend the vehicle and traffic law, in relation to making technical corrections to a proposed 1992 chapter permitting certain intermunicipal transportation of persons for-hire Became a law August 7, 1992, with the approval of the Governor. Passed on Home Rule request pursuant to Article IX, section 2(b) (2) of the Constitution 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. Subdivision 3 of section 498 of the vehicle and traffic law, as added by a chapter of the laws of 1992 amending the vehicle and traffic law, relating to the display of number plates by certain forhire vehicles and the permitting of certain inter-municipal transportation of persons for-hire, as proposed in legislative bill number S. 8674-B, A. 12018-B, is amended to read as follows: 3. Inspection. All motor vehicles that receive a permit from such city pursuant to the provisions of this section shall be inspected at official inspection stations licensed by the commissioner pursuant to_section three hundred three of this chapter [at least] once every [four months] year in accordance with the provisions of article five of this chapter and the regulations of the commissioner. [The fees payable to the official inspection station for the inspection and the issuance of a certificate of inspection shall be the fees and charges collected pursuant to section three hundred five of this chapter. I Such city may conduct on-street inspections of such motor vehicles. An owner shall be ordered by such city to repair or replace the motor vehicle for which such permit was issued where it appears that it no longer meets the reasonable standards for safe operation prescribed by regulations of an agency designated by such city. Upon failure of such owner to have his or her motor vehicle inspected or to comply with any such order of such city within ten days after service thereof, the permit shall be suspended. Upon failure of such owner to comply with any such order of such city within one hundred twenty days after service thereof, the permit may, at the discretion of such city, be deemed to have been abandoned by such owner. 8 2. This act shall take effect on the same date as a chapter of the laws of 1992 amending the vehicle and traffic law, relating to the display of number plates by certain for-hire vehicles and the permitting of certain inter-municipal transportation of persons for-hire, as proposed in legislative bill number S. 8674-B, A. 12018-B, takes effect. CHAPTER 791 AN ACT to amend the public lands law, the environmental conservation law and the executive law, in relation to requiring a lease, easement or other interest, or permit, for the erection of certain structures or placing fill on lands underwater and to authorize establishment of comprehensive harbor management plans The Became a law August 7, 1992, with the approval of the Governor. People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Legislative findings. The legislature finds that regulation of projects and structures, proposed to be constructed in or over stateowned lands underwater, is necessary to responsibly manage the state's proprietary interests in such lands to protect vital assets held in the of the people of the state, to guarantee common law and sovereign name rights, and to ensure that waterfront owners' reasonable exercise of riparian rights and access to navigable waters, shall be consistent with the public interest in reasonable use and responsible management of waterways and such public lands for the purposes of navigation, commerce, fishing, bathing, recreation, environmental and aesthetic protection and access to the navigable waters and lands underwater of the state. § 2. Section 8 of the public lands law, as amended by chapter 643 of the laws of 1962, is amended to read as follows: § 8. Trespasses upon state lands. Where, in the judgment of the commissioner of general services, sufficient information has been provided to her or him that a possible trespass upon state-owned lands has occurred then the commissioner may investigate such allegations of trespass upon state-owned lands. The commissioner of general services may report to the [attorney-general all trespasses] attorney general instances of trespass committed upon Indian lands, or lands and lands underwater belonging to the state, and under the general care and superintendence of the commissioner. The [attorney-general] attorney general, on receiving such report and whenever directed by the commissioner, shall commence and prosecute appropriate actions or proceedings in the name of the people of the state, against the [persons] person or entity committing such [trespasses, for damages and the penalties imposed by law] trespass. § 3. The opening paragraph and subdivision 7 of section 75 of the public lands law, the opening paragraph as amended by chapter 543 of the laws of 1937 and subdivision 7 as amended by chapter 338 of the laws of 1988, are amended to read as follows: This section authorizes grants, leases, easements, and lesser interests, including permits, for the use of state-owned land underwater and [of] the [use, occupation and] cession of jurisdiction thereof consistent with the public interest in the use of state-owned lands underwater for purposes of navigation, commerce, fishing, bathing, and recreation; environmental protection; and access to the navigable waters of the state; with due regard for the need of affected owners of private property to safeguard their property. or 7. (a) The commissioner of general services may grant in perpetuity or otherwise, or lease for terms up to forty years, to the owners of the land adjacent to the land underwater specified in this section, to promote the commerce of this state or for the purpose of beneficial enjoyment thereof by such owners, or for agricultural purposes, or for public park, beach, street, highway, parkway, playground, recreation conservation purposes, so much of said land underwater as [he] the commissioner deems necessary for that purpose. No such grant or lease shall be made to any person other than the proprietor of the adjacent land, and any]. Any such grant or lease made to any other person shall Бе void, except that, subject to the other provisions of this section, the commissioner of general services may transfer jurisdiction over stateowned lands underwater to a state agency for the purpose of protecting environmentally sensitive lands underwater even if the state agency is not the proprietor of the adjacent upland. No such grant or lease shall be made of any lands belonging to the city of New York, or so as to interfere with the rights of that city or of the Hudson River Railroad Company, or of its successor the New York Central and Hudson River Railroad Company. In making any grant, lease, permit or other conveyance, the commissioner of general services shall, upon administrative findings, and to the extent practicable, reserve such interests or attach such conditions to preserve the public interest in use of owned lands underwater and waterways for navigation, commerce, fishing, bathing, recreation, environmental protection and access to the navigable waters of the state, with due regard for the need of affected owners of private property to safeguard their property. The commissioner shall by official rules establish criteria and guidelines for determinations with respect to the leasing or selling of such lands underwater to the owner of the adjacent [land] upland. state Where the boundary line between land underwater and the adjacent land lies within a public road or street, and the name of the owner or owners of such adjacent land or the place of residence cannot be ascertained to the satisfaction of the commissioner, grants or leases may be made by the commissioner in his or her discretion to the owner or owners of the EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law land adjoining the road or street inshore of such land underwater in the manner herein provided, but a grant or lease so made shall not be regarded as depriving any other person of the exercise of his or her riparian rights. Where the title to such public road or street is in a county, city, town or village, grants or leases may be made by the commissioner in the manner herein provided to the owner of the land adjoining the road or street inshore of such land underwater, but no such grant shall be made unless the consent thereto of such county, city, town or village shall first be filed with the commissioner, or unless, having been duly personally served with a notice of application of such grant, the county, city, town or village fails to file [a remonstrance] an objection with the commissioner or, having filed such [remonstrance] objection, fails to present to the commissioner sufficient proof or other reasons satisfactory to the commissioner why the grant should not be made. (b) No wharf, dock, pier, jetty, platform, breakwater, mooring or other structure shall be constructed, erected, anchored, suspended, placed or substantially replaced, altered, modified, enlarged, or expanded in, on or above state-owned lands underwater, nor shall any fill be placed on such lands underwater, unless a lease, easement, permit, or other interest is obtained from the commissioner, which authorizes the use and Occupancy of those state-owned lands underwater to be affected by such act or acts, provided however, that there shall be excepted in the uniform regulations issued pursuant to paragraph (f) of this subdivision any existing structure for non-commercial use constructed prior to June seventeenth, nineteen hundred ninety-two, by or on behalf of the owner of adjacent upland who owned prior to June seventeenth, nineteen hundred ninety-two, which has a surface area, as measured at the outermost perimeter, including surface waters between or encompassed within the structure of less than five thousand square feet in area, and with respect to docking facilities, has a capacity of no more than seven boats thirty feet in length. For the purposes of this subdivision, the term "structure" shall not include discharge or intake pipes, pipelines, cables, or conduits. Thereafter there shall be so excepted any structure constructed by or on behalf of the owner of adjacent uplands that: (i) has a surface area, as measured at the outermost perimeter, including surface waters directly between or encompassed within the structure, of less than four thousand square feet in area and not exceeding fifteen feet in height, as measured at the uppermost point, above the mean high water line and, with respect to docking facilities, has a capacity of five or fewer boats thirty feet in length and, with respect to mooring facilities, has a capacity of fewer than ten boats thirty feet in length; provided that the commissioner may by rule promulgated pursuant to paragraph (f) of this subdivision determine, based on a different surface area or other criteria of size and use, that other types of structure in particular circumstances do not represent significant encroachments on state-owned lands underwater, and (ii) is water dependent, which shall mean, for purposes of this section, an activity which can only be conducted on, in, over or adjacent to a water body because such activity requires direct access to that water body, and which involves, as an integral part of such activity, the use of the water. (c) The requirements of obtaining a lease, easement, permit or other interest from the commissioner pursuant to the rules set forth in paragraph (f) of this subdivision shall not apply to the person or entity who was the upland owner on June seventeenth, nineteen hundred ninetytwo, of lands adjacent to filled state-owned lands underwater or formerly underwater, in respect of those filled lands, including accompanying seawalls; provided however, that any right, title and interest of the state in and to any such state-owned lands shall in no respect be diminished or impaired by the provisions of this section, nor by any exemption in the uniform regulations authorized by paragraph (f) of this subdivision. Upon any transfer of such lands, or at the request of the owner of the adjacent upland, the commissioner may convey such lesser interest as may be minimally required to allow a conveyance of marketable title by that owner of the adjacent land. Consideration charged in such instances shall reflect the interest so conveyed. (d) (i) The commissioner of environmental conservation and the secretary of state shall review any proposed lease, easement, permit or other interest, except for facilities in existence on June seventeenth, nineteen hundred ninety-two, and which are not the subject of an action by the attorney general for unlawful occupation of state lands under water on the effective date of this paragraph. The commissioner of environmental conservation shall recommend conditions to protect the environment and natural resources. The commissioner of general services shall incorporate those conditions in any lease, easement, permit or other interest, giving due regard as well to the recommendations of the secretary of state with respect to coastal issues, or shall deny the proposal if the commissioner of environmental conservation, upon administrative findings, determines that the environment or natural resources cannot be adequately protected. Such lease, easement, permit, or other conveyance of an interest shall state the purpose for which it is made, and shall also be subject to all applicable federal, state and local laws, rules, regulations and codes. (ii) The owner, occupier or any other person or entity (except those against whom there has been commenced on the effective date of this paragraph an action by the attorney general, for unlawful occupation of state lands under water) with a legal or beneficial interest in any structure not excepted by paragraph (b) of this subdivision and occupying state lands underwater on the effective date of the rules authorized by paragraph (f) of this subdivision, as adopted pursuant to subdivision five of section two hundred two of the state administrative procedure act, shall make application for such lease, easement, permit or other interest within one year from that effective date. Except where timely application for such an interest has been made within one year pursuant to this subdivision, the commissioner is authorized to require the term of such lease, easement, permit, or other interest to be retroactive to the effective date of the rules adopted. Any instrument conveying an interest in real property which is made retroactive shall include provision for payment of consideration for the portion of the term which extends retroactively including, where appropriate, interest on such consideration at the same rate then currently in effect and applied to judgments rendered in the court of claims. So (iii) The commissioner shall make reasonable efforts to provide notice to persons affected by the requirements of this section. (e)(i) The commissioner may impose a fee in connection with the issuance of any such lease, easement, permit, or other interest, which fee shall be established by rule pursuant to paragraph (f) of this subdivision, and which shall take into account other factors affecting value including but not limited to classes of structure, types of use (including whether the use is for public or private purposes), location and region, size, usefulness of the parcel standing alone and such other criteria as the commissioner may determine, but which shall exclude the value of improvements thereon constructed and maintained by the adjoining upland owner. The rules and regulations required by paragraph (f) of this subdivision shall prescribe that in the event an applicant for a lease, easement or other interest in real property shall dispute and request a reduction of the commissioner's determination of the value of the interest to be conveyed, the commissioner shall, upon the applicant's submission of an appraisal of the value of such property interest conducted in accord with standard and accepted appraisal methodology by an independent appraiser qualified as prescribed in this paragraph and which appraisal varies in its conclusion as to value by ten percent or more of the value previously established by the commissioner, and upon the applicant's agreement to be bound thereby, contract with a second independent appraiser, qualified as prescribed in this paragraph, to render an appraisal of the value of the interest proposed to be conveyed, the results of which appraisal shall be binding upon both the applicant and the commissioner of general services. Such appraiser shall be selected by the commissioner of general services from among a group of at least three appraisers identified by the applicant all of whom must be qualified as prescribed in this paragraph and each of whom must agree to employ standard appraisal methodology. For the purposes of this provision a qualified appraiser shall be certified by the secretary of state to transact business as a real estate general appraiser and shall conduct a regular business of the appraisal of real property interests. In the event that the appraisal contracted for in such manner shall conclude that the value of the property interest in question is equal to the value previously determined by the commissioner plus or minus ten EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |