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have been installed as provided in this section and by the planning, board in sufficient amount to warrant reduction in the amount of said security, and upon approval by the village board of trustees, the planning board may modify, its requirements for any or all such improvements, and the amount of such security shall thereupon be reduced by an appropriate amount so that the new amount will cover the cost in full of the amended list of improvements required by the planning board.

(e) Default of security agreement. In the event that any required improvements have not been installed as provided in this section within the term of such security agreement, the village board of trustees may thereu pon declare the said performance bond or security agreement to be in default and collect the sum remaining payable thereunder; and upon the receipt of the proceeds thereof, the village shall install such

improvements as are covered by such security and as commensurate with the extent of building development that has taken place in the subdivision but not exceeding in cost' the amount of such proceeds.

10. Suffolk county sewer districts. If in the county of Suffolk the plat is not entirely situate within a county, town or village sewer district, and the county department of environmental control or the county health department shall have directed that disposal of sewage from the plat shall be provided for by a communal sewerage system, consisting of a treatment plant and collection system, then the Suffolk county sewer agency shall determine, specify and direct the means and method by which the aforesaid system shall be best provided by and at the expense of the developer. Among the alternative means and methods the Suffolk county sewer agency may direct, shall be: (a) that the developer, at its own cost and expense, install, build and construct such systein according to such plans, specifications, conditions and guarantees as may be required by the Suffolk county sewer agency, and upon satisfactory completion thereof, the developer shall dedicate and donate same, without cost to the Suffolk county sewer agency, or its nominee, and the developer shall also petition to form a county district, but if the Suffolk county sewer agency shall determine that á suitable complete communal sewerage system of adequate size cannot be properly located in the plat or is otherwise not practical, then, (b) the developer shall install, build and construct temporary cesspools or septic tanks together with a sewage collection system according to such plans, specifications, conditions and guarantees as may be required by the Suffolk county sewer agency,

and upon satisfactory completion thereof, the developer shall dedicate and donate same, without cost, to the Suffolk county sewer agency

its nominee, and in addition thereto,

the agency may also require the payment to the Suffolk county sewer agency of

of money

in amount to be determined by the Suffolk county sewer agency, and the developer shall also petition to form a county district, (c)

the developer shall install, build and construct temporary cesspools or septic tanks and, in addition thereto, shall pay to the Suffolk county sewer agency a sum of money in an amount to be determined by the Suffolk county sewer agency and the developer shall also petition to form county district, or (d) the developer shall provide such other means and methods or combination thereof as the Suffolk county

agency may determine, specify and direct. Any sums

paid to the Suffolk county sewer agency pursuant to any provisions of this section, shall constitute a trust fund to be used exclusively for a future communal sewerage system which shall be owned and operated by a county sewer district, which district shall include

the subject plat within its bounds. Such moneys and accrued interest, if any, when paid to such district, shall be credited over a period of time determined by the district, pro rata, against the sewer assessment of each tax parcel of the subject plat as may exist at the time of the payment of such moneys and accrued interest to such district.

The useable value of any sewage collection system built under paragraph (b), (c) or (d) of this subdivision shall credited

over period of time determined by the district, pro rata, against the sewer assessment of each tax parcel of the plat as may exist at the time

such system is incorporated into a county sewer district which shall include the subject plat' within its bounds.

§ 7. This act shall take effect July 1, 1993 and shall apply to all applications for preliminary or final subdivision plat approvalo submitted on or after such date. EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

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CHAPTER 728

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AN ACT to amend the executive law, in relation to the distribution of

funds arising from assessments of and contributions by nuclear gener-
ating facilities
Became a law July 31, 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 Assem-
bly, do enact as follows:

Section 1. Section 29-c of the executive law is amended by adding a new subdivision 3-a to read as follows:

3-a. (a) Notwithstanding the provisions of subdivision three of this section, the New York state emergency management office (SEMO) and the coalition of nuclear counties, which constitutes the counties of Monroe, Wayne, Oswego, Orange, Putnam, Rockland and Westchester,

shall each receive equal one-half portion of the total amount of proceeds resulting from the total assessments and contributions made pursuant to this section.

(b) The one-half portion of the proceeds resulting from the total assessments and contributions made pursuant to this section received by the coalition of nuclear counties shall be distributed pursuant to the following formula:

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Monroe county 12.3%
Orange county 10%
Oswego county 12.5%
Putnam county 9.8%
Rockland county 18%
Wayne county 12.4%
Westchester county 25%

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§ 2. This act shall take effect immediately.

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AN ACT to amend the insurance law, in relation to rate changes for

property/casualty insurance
Became a law July 31, 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 Assen-
bly, do enact as follows:

Section 1. The insurance law is amended by adding a new section 2305-a to read as follows:

S 2305-8. Rate changes. (a) Any rate change for the kind of insurance authorized by, paragraph fifteen of subsection (a) of section thousand one hundred thirteen of this chapter and pursuant to the provi: sions of section two thousand three hundred two of this article shall be approved by the department no later than the fifteenth day of July for the year in which the rate change is to take effect, provided that the filing is submitted on or after the fifteenth day of April and before the fifteenth day of July of that same year, and any such rate change shall not take effect until on or after October first of that same year: In all other cases, rate filings shall be approved by the department not less than seventy-five days before the effective date of such rates filed.

(b) Every insurer shall notify any insured affected by a rate change made by it of such change at least thirty days prior to the date of, any billing for such rate change made by the insurer. Such not ice shall include an estimate of the increase as well

explanation of the nature of the increase, and cost factors associated with said increase.

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Any such rate shall be payable by an insured on an installment basis of not less than two payments per policy period, should the insured so choose, for any policy with a premium in excess of one thousand dollars.

(c) 'The department shall make available to the public a list of rate changes by industry classification within fifteen days from the date the department approves any rate changes.

§ 2. This act shall take effect on the fifteenth day of April in the year next succeeding the year in which it shall have become a' laws

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CHAPTER 730

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AN ACT to amend the mental hygiene law, in relation to the investigation

of deaths of persons with mental disabilities
Became a law July 31, 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 Assem-
bly, do enact as follows:

Section 1. Subdivision (a) of section 45.09 of the mental hygiene law, as amended by chapter 266 of the laws of 1980, is amended to read follows:

(a) The commission, any member or any employee designated by the commission, must be granted access at any and all times any

mental hygiene facility part thereof, and to all books, records, and data pertaining, to any such facility deemed necessary for carrying out the commission's functions, powers and duties. The commission, any members or any employee designated by the chairman may require from the officers

employees of such facility or from the commissioners of the offices of the department of mental hygiene any information deemed necessary for the purpose of carrying out the commission's functions, powers and duties. The commission or any member may require from any hospital, defined under article twenty-eight of the public health law, any information, report or record necessary for the purpose of carrying out the functions,

powers and duties of the commission related to the investigation of deaths and complaints of abuse or mistreatment concerning patients former patients of mental hygiene facilities who have been treated at such hospitals, and from any adult care facility defined in paragraph twenty-one of section two of the social services law,

such information, report or record, including access to such facility necessary for the purpose of carrying out the functions, powers and duties of the commission related to the investigation of deaths, as provided for by section 45.17 of this chapter, concerning patients of mental hygiene facilities who resided at such residential care facilities at the time of their death or were former residents of such residential care facilities and the commission determines that such information, report record is necessary for the completion of its investigation. The results of investigations involving such residents of adult care facilities shall be provided promptly to the commissioner of the department of social services and shall be treated as a record or personal information within the meaning of section ninety-six of the public officers law and shall not be disclosed except in accordance with such section ninetysix. Information, books, records or data

which are confidential as provided by law shall be kept confidential by the commission and limitations

the release thereof imposed by law upon the party furnishing the information, books, records data shali

apply to the commission.

§ 2. This act shall take effect immediately.
* So in original. (Period inadvertently omitted. )
EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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AN ACT to amend the public health law, in relation to purchases of

medical supplies by hospitals
Became a law July 31, 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 Assen-
bly, do enact as follows:

Section 1. The opening, paragraph of section 2803-a of the public health law, as amended by chapter 166 of the laws of 1991, is amended to read as follows:

Hospitals, including hospitals described in subdivision ten of section 1.03 of the mental hygiene law, are hereby authorized, under such rules and regulations as the council may authorize, to enter into contracts and make arrangements among themselves and among other municipal, state, federal or privately owned hospitals, or any medical schools, or other health related facilities having utilizing hospital services or facilities, the state department of correctional services or the state office of mental retardation and developmental disabilities, the director of the division of alcoholism and alcohol abuse services or voluntary ambulance services registered or certified pursuant to article thirty of the public health law or nutrition programs that receive federal, state or local government funding, whether or not located in this state or elsewhere, for the

§ 2. The opening paragraph of section 2803-a of the public health law, as amended by chapter 458 of the laws of 1987, is amended to

read follows:

Hospitals, including hospitals described in subdivision ten of section 1. 03 of the mental hygiene law, are hereby authorized, under such rules and regulations the council may authorize, to enter into contracts and make arrangements among themselves and among other municipal, state, federal

or privately owned hospitals, or any medical schools, or other health related facilities having or utilizing hospital services or facilities or voluntary ambulance services registered or certified pursuant to article thirty of the public health law or nutrition

programs that receive federal, state or local government funding, whether or not located in this state or elsewhere, for the

5 3. This act shall take effect immediately, provided, however, that the amendment to section 2803-a of the public health law made by section two of this act shall take effect on the same date as the reversion of certain provisions of such section as provided by subdivision (p) of section 406 of chapter 166 of the laws of 1991, as amended.

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CHAPTER 732

(See FISCAL NOTE at end of Chapter.)

AN ACT allowing Jeanne Pryer Stinson to receive service credit in the

New York state and local employees' retirement system for employment

prior to joining the system Became a law July 31, 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 Assenbly, do enact as follows:

Section 1. Notwithstanding any inconsistent provision of law, Jeanne Pryer Stinson, who was employed by Rensselaer county for the period from June 8, 1959 to October 25, 1960, who became a member of the New York state and local employees retirement system on April 29, 1976, and who, for reasons not ascribable to her own negligence, failed to make appli

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cation for service credit for such period shall be entitled to receive service credit for such period if she files a written request to that effect with the New York state and local employees' retirement system within 1 year of the effective date of this act.

§ 2. Jeanne Pryer Stinson and the county of Rensselaer shall make contributions of all the costs attributable to the operation of this act to the appropriate funds of the New York state and local employees' retirement system, including regular interest thereon. Jeanne Pryer Stinson shall make any such required member contribution with regular interest thereon and the county of Rensselaer shall contribute an amount sufficient to pay the remainder of any costs occasioned by the operation of this act. The full amount of such contributions shall be deposited with such retirement system no later than 3 years from the date such person makes application for the service credit provided by this act. If the full amount of such payments are not made, the amount of service credited shall be proportional to the total amount of the payments made.

§ 3. This act shall take effect immediately. FISCAL NOTE. --This bill would grant Jeanne Pryer Stinson service credit for her employment with the County of Rensselaer for the period June 8, 1959 through October 25, 1960.

If this bill is enacted, there would be an estimated past service cost of approximately $4,200 assuming payment in 1996. Of this, approximately $1,200 would be borne by the affected member, and the remaining $3,000 would be borne by the County of Rensselaer as a one-time payment.

This estimate, dated January 10, 1992, and intended for use only during the 1992 Legislative Session, is Fiscal Note No. 92-33 prepared by the Actuary for the New York State and Local Employees' Retirement System.

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AN ACT to amend the general municipal law, in relation to economic

development zones
Became a law July 31, 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 Assem-
bly, do enact as follows:

Section 1. Subdivision (a) of section 959 of the general municipal law, as amended by chapter 274 of the laws of 1991, is amended

to

read as follows:

(a) After consultation with the director of the budget, the commissioner of labor, and the commissioner of taxation and finance, promulgate, regulations governing (i) criteria of eligibility for economic development zone designation, provided, however, that such criteria be approved by the director of the budget; (ii) the application process; (iii) the joint certification by the commissioner, the commissioner

of labor, and the local economic development zone certification officer as to the eligibility of business enterprises for benefits referred to in section nine hundred sixty-six of this article, provided, however, that a business enterprise that has shifted its operations, or some portions thereof, from an area within New York state not designated as an economic development zone to an area so designated pursuant to this article shall not be certified to receive such benefits except where the local governing body of a municipality with a population of at least one million approves such shift in operations within such municipality or in applicant municipalities with populations of less than one million for which

an area therein has been designated by the economic development zones designation board as an economic development zone, such shift within a municipality has been approved in such municipality by the local governing body of such municipality or in situations where it has been established, after a public hearing, that extraordinary circumstances exist which warrant the relocation of a business, in whole EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

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