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ulation with the commissioner of the department of environmental conservation; provided, however, that failure to so file such a local law, ordinance or regulation shall not invalidate such local law, ordinance regulation.

§ 2. For purposes of this act, solid waste shall mean all putrescible and non-putrescible solid wastes, including, but not limited to, materials or substances discarded or rejected as being spent, useless, worthless, or in excess to the owners at the time of such discard or rejection, or are being accumulated, stored, or physically, chemically or biologically treated prior to being discarded or rejected, having served their intended use, or as a manufacturing by-product, including, but not limited to, garbage, refuse, industrial,

commercial

and agricultural waste, sludges from air or water pollution control facilities or water supply treatment facilities, rubbish, ashes, contained gaseous material, incinerator residue, demolition and construction debris and offal, but not including sewage and other highly diluted water-carried materials or substances and those in

gaseous form, special nuclear or by-product material within the meaning of the Atomic Energy Act of 1954, amended, or waste which appears on the list or satisfies the characteristics of hazardous waste promulgated by the commissioner of environmental conservation pursuant to section 27-0903 of the environmental conservation law or any scrap or other material of value separated from the waste stream held for purposes of materials recycling but shall include materials separated from the waste stream pursuant to section 120-aa of the general municipal law.

§ 3. This act shall take effect immediately.

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CHAPTER 568

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AN ACT authorizing the town of Vestal, county of Broome, to discontinue

the use of certain park' lands Became a law July 24, 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. Legislative intent. Notwithstanding any provision of general, special or local law to the contrary, the town of Vestal, county of Broome, acting by and through its town board, is hereby authorized and empowered to discontinue the use as park lands and convey its interest in, at fair market value, and upon such terms and conditions as the town board determines, the land described in section two of this act, which land is also described as being City Line Park, .63 acres of park land and had been acquired by such town for park purposes and which is not needed for such

purposes. The net proceeds derived from the alienation or conveyance of such property shall be used for capital improvements of the remaining parcels of such park lands.

§ 2. The lands referred to in section one of this act are more particularly described as follows:

ALL THAT TRACT OR PARCEL OF LAND situate in the Town of Vestal, County of Broome, and State of New York, bounded and described as follows:

Commencing at an iron stake in the northerly line of Vestal Avenue and in the westerly line of the City of Binghamton, and which iron stake is north four degrees and forty-eight and five tenths minutes

west (N4048.5'W) - referred to true north - ninety-five and ninety-one hundredths (95.91) ft. from an iron stake in the southerly line of Vestal Avenue and in the westerly line of the City of Binghamton;

Thence north four degrees and forty-eight and five tenths minutes west (N4048.5'W) along the westerly line of the City of Binghamton, one hundred seventy-one and thirty-two hundredths (171.32) ft. to an iron stake; EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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Thence north four degrees and forty-eight and five tenths minutes west (N4°48.5'W) along the westerly line of the City of Binghamton, twentynine (29) ft. more or less to the Susquehanna River;

Thence westwardly along the Susquehanna River, one hundred five (105) ft. more or less to the easterly line of premises

formerly of Arnold Tucker and wife;

Thence south twenty degrees and thirty minutes west ($20°30' W) along the easterly line of the said premises of Arnold Tucker and wife, twenty-six (26) ft. more or less to an iron stake which is north sixtythree degrees and three and five tenths minutes west (N63o3. 5'W), hundred twenty and fourteen hundredths (120. 14) ft. from the last above mentioned iron stake;

Thence south twenty degrees and thirty minutes west (S20030'W) along the easterly line of the said premises of Arnold Tucker and wife, one hundred sixty-eight and forty hundredths (168.40) ft. to an iron stake in the northerly line of Vestal Avenue;

Thence south sixty-nine degrees and thirty-one minutes east (569°31' E) along the northerly line of Vestal Avenue, one hundred ninety-two and sixty-two hundredths (192.62) ft. to the place of beginning. Also, whatever right, title and interest the party of the first part has in and to the land lying between the southerly line of the above described parcel of land, and the center of Vestal Avenue.

Being the same premises conveyed to the Town of Vestal by Security
Mutual Life Insurance Company by deed dated November 29, 1955 and
recorded in the Broome County Clerk's Office on November 30, 1955 in
Liber 913 of Deeds at Page 513.

Subject to easements and restrictions of record.
Said property is also commonly referred to as "City Line Park".
§ 3. This act shall take effect immediately.

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AN ACT to authorize Paul J. Baisley to obtain retroactive membership in

the New York state and local employees' retirement system Became a law July 24, 1992, 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. Notwithstanding any other provision of law to the contrary, Paul J. Baisley, employed as a state supreme court justice in the county of Suffolk and member of the New York state and local employees retirement system, who was employed by the county of Suffolk and was a member of the New York state and local employees' retirement system from March 1962 until January 1970, who subsequently was employed by

by the county of Suffolk as a county legislator from December 20, 1974 until December 31, 1975, and who, for reasons not ascribable to his own negligençe, did not rejoin such retirement system until December 1975, shall be deemed to be a member of the New York state and local employees' retirement system, having Tier I status, and to have rejoined such retirement system on December 20, 1974 if on before December 31, 1992, he shall file with the state comptroller a written request to that effect together with a resolution of the county legislature of the county of Suffolk certifying that such county will pay into the pension accumulation fund the contributions amount, as determined by the troller, necessary to pay in full the additional cost on account of the service and change in status of Paul J. Baisley, provided by this act.

§ 2. This act shall take effect immediately.

FISCAL NOTE. - This bill would deem Paul J. Baisley, an employee of the State of New York who was employed from March 1962 to January 1970 and

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from December 20, 1974 to December 31, 1975 by the County of Suffolk, to be a tier 1 member of the New York State and Local Employees' Retirement System having, rejoined such System on December 20, 1974,

If this bill is enacted, we anticipate that there will be an increase of approximately $720 in the annual contributions of the State of New York for the fiscal year ending March 31, 1993. Further, as a percentage of pay, the increase in annual employer contributions payable for this benefit will eventually approach 3.5% of Paul J. Baisley's annual salary.

In addition to the annual contributions discussed above, there will be an immediate past service cost of approximately $5,300 which would be borne by the County of Suffolk as a one-time payment. It should be noted that this past service cost will decrease as a result of the application of the Federal Older Worker's Benefit Protection Act. The amount of the decrease will depend on the legislative response of the New York State Legislature to this Act.

This estimate, dated June 5, 1992, and intended for use only during the 1992 Legislative Session, is Fiscal Note No. 92-342 prepared by the Actuary for the New York State and Local Employees' Retirement System.

CHAPTER 570

(See FISCAL NOTE at end of Chapter.)

AN ACT to amend the administrative code of the city of New York, in

relation to pension benefits for certain members of the fire department pension plan in cases of disability retirement

Became a law July 24, 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. Paragraph 3.of subdivision a of section 13-366 of the administrative code of the city of New York is amended to read as follows:

(3) A pension, of three-quarters of his or her annual earnable compensation on the date of retirement and in the case of a member acting in a higher rank, an amount not to exceed three-quarters of the annual earnable compensation of such rank on the day such in jury was suffered, in addition to the annuity and pension provided for by paragraphs one and two of this subdivision a; and

§ 2. This act shall take effect immediately.

FISCAL NOTE. -The subject bill would provide that accidental disability benefits for Improved Benefits Plan members acting in higher rank would be determined using the earnable compensation of such rank on the day the injury was suffered. This provision already applies to members in the original plan.

We estimate that passage of this bill would result in a negligible additional cost. This estimate is based on experience, whereby only two members of the Improved Benefits Plan have retired for a service incurred disability while acting out of title in the 11 years since inception of the Improved Plan.

This fiscal' note was prepared by the Segal Company dated June 2, 1992 and is to be used only during the 1992 legislative session. EXPLANATION—Matter in italics is new; matter in brackets [] is old law

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CHAPTER 571

AN ACT to amend the education law, in relation to authorizing the board

of regents to waive citizenship or immigration status requirements for a professional license in medicine

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Became a law July 24, 1992, 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. Subdivision 6 of section 6524 of the education law, as amended by chapter 133 of the laws of 1982,

is amended to read follows:

(6) Citizenship or immigration status: be a United States citizen or an alien lawfully admitted for permanent residence in the United States; provided, however that the board of regents may grant a one-time three year waiver for an alien physician to practice in an area which has been designated by the department as medically underserved;

§ 2. This act shall take effect immediately.

CHAPTER 572

AN ACT authorizing the commissioner of general services to lease certain

lands to the county of Schoharie

Became a law July 24, 1992, 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. The commissioner of general services, on consent of the commissioner of environmental conservation, is hereby authorized

to lease to the county of Schoharie certain state lands described in section two of this act for the purpose of installing a communications tower and access for power and maintenance. Lease of said land is to be made at such time and upon such terms and conditions as the commissioner of general services may fix and determine, including payment of such consideration as the commissioner of general services, with the approval of the director of the budget, determines to be fair and equitable.

§ 2. The land to be leased pursuant to section one of this act is that portion of land in the Schoharie Reforestation Area #20 and more particularly described as follows:

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§ 3. The description in section two of the lands to be leased is not intended to be a legal description, but is intended only to identify the premises to be leased. Further, the department of environmental conservation is hereby authorized to make an accurate survey and description of the lands generally described in section two of this act which may be used in the lease thereof.

§ 4. The commissioner of general services shall not lease the aforesaid land unless application is made therefor within one year of the effective date of this act.

§ 5. Any lands leased pursuant to this act shall be used exclusively for the purpose of installing a communications tower and

for power and maintenance. Upon termination of such use unencumbered title to the lands so leased shall revert to the State of New York.

§ 6. This act shall take effect immediately.

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CHAPTER 573

AN ACT to amend the education law, in relation to limited permits by

physicians assistants

Became a law July 24, 1992, 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. The opening paragraph of subdivision 1 of section 6541 of the education law, as amended by a chapter of the laws of 1992, amending the education law relating to physicians assistants and special assistants as proposed in legislative bill number A. 10121-A, is amended to read as follows:

[The department shall register each person] To qualify for registration as a physician assistant or specialist assistant (who], each person shall pay a fee of one hundred fifteen dollars to the department for admission to a department conducted examination, a fee of forty-five dollars for each reexamination and a fee of seventy dollars for persons not requiring, admission to a department conducted examinations; Each person] and shall also submit satisfactory evidence, verified by oath or affirmation, that he or she:

§ 2. Subdivision 3 of section 6548 of the education law, as amended by a chapter of the laws of 1992, amending the education law relating to physicians assistants and special assistants as proposed in legislative bill number A. 10121-A, is amended to read as follows:

3. Duration. A limited permit shall expire one year from the date of issuance [and] or upon notice to the permittee by the department that the application for registration has been denied. A limited permit shall be extended upon application for one additional year, provided that the permittee's request for such extension is endorsed by a physician who either has supervised or will supervise the permittee, except that such extension may be denied by the department for cause which shall be stated in writing. If the permittee is awaiting the results of a licensing examination at the time such limited permit expires, such permit shall continue to be valid until ten days after notification to the permittee of the result of such examination.

§ 3. This act shall take effect on the same date as a chapter of the laws of 1992, amending the education law relating to physicians sistants and

special assistants as proposed in legislative bill number A. 10121-A, takes effect. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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