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§ 2. Separability clause. If any clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 3. The commission quality of care for the mentally disabled shall, subject to the approval of the division of the budget, cause an independent evaluation and report to be undertaken concerning the effectiveness of this act, together with recommendations regarding its continuation or modification, which shall be submitted to the governor and the legislature no later than January thirty-first, nineteen hundred

eighty act shall take effect April first, nineteen hundred eighty

six and shall remain in full force and effect until July thirty-first, nineteen hundred eighty-eight at which time this act shall be deemed to be repealed, provided, however, that the commission on quality of care for the mentally disabled is hereby authorized to take such actions as are necessary and proper, including the promulgation of regulations, order to effectuate the purposes of this act. Such actions shall include, but not be limited to, the preparation and submission of budget requests and a staffing plan.

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CHAPTER 355

AN ACT to amend the public health law and the education law, in relation to establishing a New York state health services corps

Became a law July 18, 1985, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 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. Article two of the public health law is amended by adding a new title two-B to read as follows:

TITLE II-B

NEW YORK STATE HEALTH SERVICES CORPS

Section 231. New York state health services corps.

232. Powers and duties.

233. New York state health services corps scholarship and fel-
lowship program.

$231. New York state health services corps. 1. The commissioner shall establish within the department the New York state health services corps (hereinafter "corps"). The commissioner shall have central responsibility for administering the provisions of this title with respect to increasing the availability of health services in certain state-operated facilities and institutions.

2. For purposes of this title: (a) "health corps professional" means a nurse, physician's assistant, dental hygienist, occupational therapist, speech-language pathologist, audiologist, physical therapist or such other health professional, other than a physician or dentist, who is determined by the commissioner, in consultation with the commissioners of education, correctional services, mental health, mental retardation and developmental disabilities and the president of the civil service commission, to possess the skills and training appropriate to the needs of state-operated institutions and facilities; and

(b) "president" means the president of the New York state higher education services corporation.

§ 232. Powers and duties. The commissioner shall, in consultation with the commissioners of education, correctional services, mental health, mental retardation and developmental disabilities and the president of the civil service commission, have the following powers and duties:

1. To recruit and select health corps professionals for service in state-operated institutions and facilities, including those operated by

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the department of correctional services, office of mental health and office of mental retardation and developmental disabilities;

2. To place health corps professionals in state-operated institutions and facilities pursuant to agreements with the appropriate state agency; 3. To select recipients of scholarships and fellowships authorized pursuant to section two hundred thirty-three of this title;

4. To develop criteria for the selection of students eligible for scholarships or fellowships under the provisions of section two hundred thirty-three of this title, including, but not limited to, the student's academic achievement, previous work experience in their chosen health profession and a demonstrated interest in working with institutionalized populations;

5. To accept and expend any grants, awards or other funds or appropriations as may be available to the corps to effectuate the purposes of this title subject to the limitations as to the approval of expenditures and audit as prescribed for state funds by the state finance law; and 6. To do any and all things necessary to carry out its functions, powers and duties and to effectuate the purposes of this title.

§ 233. New York state health services corps scholarship and fellowship program. 1. (a) New York state health services corps scholarships and fellowships for health corps professionals shall be awarded on a competitive basis, as determined by the commissioner, to students who: (i) are or will be enrolled in a program of undergraduate or graduate study to become a health care professional eligible to participate in the health services corps; and

(ii) agree to serve in state-operated institutions or facilities upon satisfactory completion of their studies and upon satisfaction of applicable licensing and certification requirements; and

(iii) meet such other requirements as the commissioner, in consultation with the commissioners of education, correctional services mental health, mental retardation and developmental disabilities and the president of the civil service commission, may establish.

(b) In selecting students to be awarded such scholarships or fellowships, preference shall be given to students in the following order: (i) New York state residents who attend or plan to attend a program of undergraduate or graduate study located in New York state; (ii) New York state residents who attend or plan to attend a program of undergraduate or graduate study located out-of-state; and (iii) persons who are not residents of New York state who attend or plan to attend a program of undergraduate or graduate study located in New York state.

(c) The commissioner shall, pursuant to agreement with the appropriate agency, allocate, to the extent possible, the placement of award recipients to each catchment area or region, as defined by such agency, in which a state-operated institution or facility is located.

2. Within such time as the commissioner shall by regulation provide, a recipient of an award shall have practiced as а health corps professional in a state-operated institution or facility for that number of months calculated by multiplying by eighteen the number of annual awards received by the recipient. If a recipient fails to comply fully with such conditions, the president shall be entitled to receive from such recipient an amount to be determined by the formula:

A = 2B (t

s)

t

In which "A" is the amount the president is entitled to recover; "B" is the sum of all payments made to the recipient and the interest on such amount which would be payable if at the times such awards were paid they were loans bearing interest at the maximum prevailing rate; "t" is the total number of months in the recipient's period of obligated services; and "s" is the number of months of service actually rendered by the recipient. Any amount which the president is entitled to recover under this subdivision shall be paid within the five-year period beginning the date that the recipient failed to comply with this condition. Any obligation to comply with such provisions shall be cancelled upon the death of the recipient. The commissioner of health shall promulgate regulations to provide for the waiver or suspension of any financial obligation when compliance would involve extreme hardship.

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

3. A recipient of an award shall report semi-annually to the president, on forms prescribed by him, as to the performance of the required services or the recipient's current status, commencing with the calendar year of the first award and continuing until the recipient shall have completed, or until it is determined he or she shall not be obligated to complete, the required services. The president may also require the recipient to file a report on his or her current status prior to completion of professional training during any calendar year in which an application for an additional award is not filed. The president shall make available any reports required hereunder to the commssioner*. If the recipient shall fail to file any report required hereunder within thirty days of written notice to the recipient, mailed to the address shown on the last application for an award or last report filed, whichever is later, the president may impose a fine of up to one thousand dollars. The president shall have the discretion to waive the filing of a report, excuse a delay in filing, or a failure to file a report, or waive or reduce any fine imposed for good cause shown.

§ 2. Part two of article fourteen of the education law is amended by adding a new subpart four to read as follows:

Subpart IV Other Awards

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Section 679-a. New York state health fellowships.

services corps scholarships and

§ 679-a. New York state health services corps scholarships and fellowships. 1. Number and certification. Commencing with the nineteen hundred eighty-five-nineteen hundred eighty-six academic year, up to two hundred fifty scholarships or fellowships shall be awarded each year, pursuant to section two hundred thirty-three of the public health law, to eligible students certified to the president by the commissioner of health.

2. Duration. Each scholarship or fellowship shall entitle the recipient to an annual award and a recipient shall be eligible for no more than two academic years.

3. Amount. The president shall make annual awards in amounts provided in this subdivision. The annual award shall be an amount up to fifteen thousand dollars, but in no event shall the award exceed the cost of attendance at the institution. Cost of attendance shall mean tuition, required fees, books, transportation, room and board.

§ 3. The commissioner of health shall, in consultation with the commissioners of education, correctional services, mental health, mental retardation and developmental disabilities and the president of the civil service commission, prepare and transmit a report to the governor and legislature on February first of nineteen hundred eighty-eight, evaluating the effectiveness of the New York state health services corps and placement of health corps professionals in state-operated institutions and facilities, including recommendations for placement of health services corps professionals in community-based facilities.

§ 4. This act shall take effect immediately; provided, however, that the New York state health services corps scholarship and fellowship program established pursuant to the provisions of this act shall terminate five years after such effective date.

CHAPTER 356

AN ACT to amend the environmental conservation law, in relation to regulation of the discharge of ballast, and the transport of fresh water

Became a law July 19, 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. Legislative findings and declaration. The legislature finds and determines that the unregulated taking of fresh water by tankers

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contrary to the wise use of this valuable resource. The state, municipalities and certain industries have expended millions of dollars maintaining, improving and protecting the quality of the fresh waters of the state in order to protect the public health, safety, welfare and vironment of the people of the state. The regulation of the taking of fresh waters by vessels is consistent with existing statutes which require permits to conserve the natural resources of the state and with other state regulatory programs to protect water quality.

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The legislature further finds that New York state must also regulate the discharge of ballast from tankers in the fresh waters of the state in order to ensure the protection of water quality consistent with the regulation of pollution discharges subject to the state pollution discharge elimination system (SPDES).

The legislature further finds that it is necessary to require environmental monitors in certain cases to insure that permitted activity carried out consistent with the conditions of the permits necessary to protect and conserve the fresh water resources of the state.

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$ 2. The environmental conservation law is amended by adding a new section 15-1506 to read as follows:

§ 15-1506. Transportation of water by vessel.

1. Except as provided in subdivision three of this section, no person or public corporation shall transport or carry by vessel, more than ten thousand gallons in any one day of the waters of any freshwater lake, pond, brook, river, stream, or creek in this state without first obtain

ing a per the department finds that the transport of such water is rea

permit from

sonable, and is not contrary to the conservation of the natural resources of the state or to other uses of the water, including health, safety and welfare of the people of the state, the permit shall be granted subject to reasonable conditions on the withdrawal and transport. Such permit shall be subject to annual renewal.

3. No permit shall be necessary for the taking of a volume of ballast water necessary for normal vessel activity, but this exemption shall not apply to the exchange of ballast water.

4. The department shall not issue permits for the transport of water by vessel which will conflict or be inconsistent with the provisions of any interstate compact, commission or charter relating to the allocation of water resources to which New York is a signitory.

§ 3. Subdivision six of section 17-0105 of such law is amended to read as follows:

6. "Other wastes" means garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dyestuffs, acids, chemicals, ballast and all other discarded matter not sewage or industrial waste which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards adopted as provided herein.

§ 4. Subdivision seventeen of section 17-0105 of such law, as added by chapter eight hundred one of the laws of nineteen hundred seventy-three, is amended to read as follows:

17. "Pollutant" means dredged spoil, solid waste, incinerator residue sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment rock, sand and industrial, municipal, and agricultural waste discharged into water; and ballast which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards adopted as provided herein.

§ 5. Section 17-0105 of such law is amended by adding a new subdivision twenty-three to read as follows:

23. "Tanker" means any watercraft of more than three hundred gross tons and having a fully loaded draft of seven feet or more used to carry any liquid cargo, including petroleum, oil or water.

§ 6. Paragraph b of subdivision two of section 17-0701 of such law is amended to read as follows:

b. "Other wastes" means garbage, refuse, decayed wood, sawdust, shavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dye-stuffs, acids, chemicals, ballast and all other discarded matter not sewage or industrial waste which may cause or might reasonably be expected to cause pollution of the waters of the state.

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

§ 7. Such law is amended by adding a new section 17-0831 to read as follows:

§ 17-0831. Environmental monitors for tankers.

1. At the discretion of the commissioner, a tanker withdrawing or transporting water where such withdrawal or transport was authorized pursuant to a permit issued under section 15-1506 of this chapter shall be accompanied by an environmental monitor authorized by the department. 2. It shall be the duty of such environmental monitor to inspect and monitor the compliance of such tankers with all federal, state and local requirements for operations and ballasting.

3. Nothing in this section shall prohibit the department from entering into a memorandum of understanding with the board of commissioners of pilots, created by article six of the navigation law, to allow licensed pilots to perform the functions of environmental monitors.

4. The department is authorized to set environmental monitoring fees to recover all costs associated with such monitors. Every tanker withdrawing or transporting water where such withdrawal or transport was authorized pursuant to a permit issued under section 15-1506 of this chapter shall be subject to such fees.

§ 8. Paragraph (b) of subdivision three of section 70-0107 of such law, as added by chapter seven hundred twenty-three of the laws of nineteen hundred seventy-seven, is amended to read as follows:

(b) water supply and water transport (title fifteen of article fifteen); 59. Paragraph (b) of subdivision five of section 70-0117 of such law, as added by chapter seven hundred twenty-three of the laws of nineteen hundred seventy-seven, is amended to read as follows:

(b) (1) Water supply [(title fifteen of article fifteen)] (sections 15-1501, 15-1505 and 15-1527): not to exceed one hundred dollars

(11) Water transport (section 15-1506): not to exceed one hundred dollars per facility or tanker

§ 10. Paragraph (d) of subdivision five of section 70-0117 of such law is amended by adding a new subparagraph (v) to read as follows: Ballast discharge not to exceed three hundred dollars

new subdivi

(v)

sion six to read as follows:

6. (a) Under the state pollutant discharge elimination system program (article seventeen of this chapter), the department may issue a general permit, upon application or on its own initiative, to cover ballast discharges from vessels, including tankers, while moored in port which (i) are within a stated geographical area, ii) involve the same or substantially similar type of operations, (iii) discharge same types of pollutants, (iv) require the same effluent limitations or operating conditions, (v) require the same or similar monitoring, and (vi) which will result in minimal adverse cumulative impacts.

(b) General permits can only be issued if the department determines such discharges, by virtue of their nature and location, are more appropriately controlled under a general permit than under individual permits.

(c) Any general permit issued under this subdivision shall set forth the conditions which shall apply to any discharge authorized by such general permit.

(d) The department may require any person authorized by a general permit to apply for and obtain an individual permit and the department shall adopt rules and regulations specifying circumstances under which an individual permit may be required.

(e) General permits shall be governed by the procedures set forth in this article for the review of major projects and shall be subject to the provisions of article seventy-two of this chapter.

§ 12. Section 71-1113 of such law is amended to read as follows: § 71-1113. Enforcement of [section] sections 15-1505 and 15-1506. 1. The department shall enforce the provisions of [section] sections 15-1505 and 15-1506 of this chapter and the Supreme Court by injunction may upon application of the department prevent any unauthorized diversion or transportation.

2. Any person who violates the provisions of section 15-1506 of this chapter or the rules, regulations, orders or determinations of the commissioner promulgated thereto or the terms of any permit issued thereunder, shall be liable for a civil penalty not less than twenty-five hundred dollars nor more than ten thousand dollars per day of such

violation.

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