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shall not apply to a final order issued pursuant to this subdivision. А judgment entered pursuant to this paragraph shall remain in full force and effect for eight years.

§ 2. This act shall take effect on the thirtieth day after it shall have become a law.

CHAPTER 350

AN ACT relating to solid waste treatment and disposal in Greene county

and providing for the repeal of such provisions upon expiration thereof

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Became a law July 17, 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. To further the governmental and public purposes of this act and of the county of Greene and all other municipalities within the county, and in recognition of the public policy of the state in the area of the control and management of solid waste and solid waste disposal activities to displace competition with regulation or monopoly public control, the county of Greene' and all other municipalities within the county, as instrumentalities of the state, shall have the power to adopt and amend local laws, ordinances and regulations imposing appropriate and reasonable limitations on competition with respect to collecting, receiving, transporting, delivering, storing, processing and disposing of solid waste or the recovery by any means of any material or energy product or resource therefrom, including, without limiting the

generality of the foregoing, local laws requiring that all solid waste generated, originated or brought within their respective boundaries, subject to such exceptions as may be determined to be in the public interest, shall be delivered to a specified solid waste disposal or solid waste management-resource recovery facility or facilities; provided, however, that any such local law, ordinance or regulation enacted by the county shall take precedence over and shall supersede any inconsistent provisions of any such local law ordinance or regulation enacted by a municipality within the county. Ảny such local law shall be adopted in accordance with the procedure provided by the municipal home rule law, except that such local law shall be subject to either mandatory or permissive referendum. Any such local law may include provisions for the forcement thereof and penalties for the violation thereof, which may provide, but shall not be limited to providing, that any violation of a local law shall constitute an offense or infraction and may provide that any violation may be punished by civil penalty, fine or other monetary charge, and/or the suspension revocation of permits or licenses granted by any jurisdiction with respect to the collecting, receiving, transporting, delivery or storing of solid waste. Upon the adoption of any local law, ordinance or regulation pursuant to this act, the county

municipality shall file a verified copy of such local law, ordinance or regulation 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 or 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,

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 şupplý 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

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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 servation 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, provided, however that the provisions of this act shall expire five years

from the date on which it shall have become a law, at which time the provisions of this act shall be deemed to have been repealed.

CHAPTER 351

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AN ACT to authorize the city of New York_to discontinue the use as park land of certain land in the borough of Brooklyn referred to

the "Newport Street Site" and to convey the same to the East Brooklyn Congregations, a not-for-profit corporation, for use as a site for the construction of subsidized housing Became a law July 17, 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. Subject to the provisions of this act but notwithstanding any inconsistent provision of any other law, the city of New York is authorized to discontinue the use as park land of the land described in section three of this act and to convey such land to the East Brooklyn Congregations, a not-for-profit corporation, to the extent, for such consideration and upon such terms

and conditions the city shall determine, for use by the East Brooklyn Congregations as a site for the construction of subsidized housing under the Nehemiah Housing Program.

2. The authorization provided in section one of this act shall be effective only upon the condition that at the time of the conveyance of the lands described in section three of this act, the city of New York dedicates as park lands the lands described in section four of this act.

$ 3. The land referred to in section one of this act to be discontinued as park land is a 2.5 acre parcel in the borough of Brooklyn reierred to

as the "Newport Street Site", bounded and described as follows:

All that certain plot, piece or parcel of land situated and lying in Kings County, in the City of New York, known and designated Map 1,1-2061 of the Brooklyn Borough President's Office, dated October 29, 1970, as Block 3605, as shown said map, being more particularly bounded and described according to said map as follows: BEGINNING at

a point on the northerly side of Newport Street distant 200.00 feet westerly from the corner formed by the intersection of the northerly, side of Newport Street and the westerly side of Stone Avenue; Tunining thence northerly at right angles to the northerly side of Newport Street 313.00 feet to a point; thence westerly at right angles to the last mentioned line 275.00 feet to a point; thence northerly at right angles to the last mentioned line 187.00 feet to a point; thence Westerly along the southerly side of Riverdale Avenue and at right angles to the last mentioned line 45.00 feet to a point; thence southay at right angles to the last mentioned line 500.00 feet to a point; bence easterly along the northerly side of Newport Street and at' right anzles to the last mentioned line 320.00 feet to a point place of

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EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law $ 4. The lands required by this act to be dedicated as park lands are as follows:

(a) The property known as "Nehemiah Park", tax block 3593 lot 1 on the tax map of the city of New York for the borough of Brooklyn bounded by Riverdale Avenue, Watkins Street, Livonia Avenue and Mother Gaston Boulevard.

(b) Tax block 3743, lots 18, 19, 35 and 36 on the tax map of the city of New York for the borough of Brooklyn bounded by Sutter Avenue, Christopher Street, Belmont Avenue and Mother Gaston Boulevard.

§ 5. This act shall take effect immediately.

CHAPTER 352

(See FISCAL NOTE at end of Chapter.)

AN ACT to amend the retirement and social security law, in relation to

certain Suffolk county police officers

Became a law July 17, 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. Section 384-d of the retirement and social security law is amended by adding a new subdivision u to read as follows:

u. 1. Any member of the Suffolk county police department who is enrolled in the retirement plan provided by section three hundred eightyseven-a of this article, may elect to enroll in the twenty year retirement plan pursuant to this section if Suffolk county elect's to make such benefits available.

2. The benefits provided by paragraph one of this subdivision shall be conditioned upon the participating employer electing within three years of the effective date of this subdivision, in a manner similar to the election stipulated in subdivision b of section three hundred thirty of this article, to provide such benefits and to assume the additional cost of such benefits for all officers and members of its organized police department who otherwise would be covered by the retirement plan provided by section three hundred eighty-seven-a of this article.

§ 2. This act shall take effect immediately. FISCAL NOTE.-This bill would allow Suffolk County to elect the provisions of Section 384-d of the Retirement and Social Security Law for certain members of the Suffolk County police department who are currently covered by the provisions of Section 387-a of such Law. The County, would have three (3) years from the effective date of the bill to make this election.

If this bill were enacted and Suffolk County were to elect these benefits, it is estimated that there would be an additional annual cost to the County of approximately $15,000 for the fiscal year ending March 31, 1993.

In addition to the annual cost discussed above, there will be an immediate past service cost of approximately $250 which will be borne by Suffolk County as a one-time payment.

This estimated cost is based on seven (7) police officers who are ployed by the Suffolk County police department and assumes that the County will elect this benefit by March 31, 1993.

This estimate, dated March 6, 1992 and intended for use only during the 1992 Legislative Session, is fiscal Note No. 92-197 prepared by Actuary for the New York State and Local Police and Fire Retirement System.

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AN ACT to amend the navigation law, in relation to sanitary conditions

aboard craft on Skaneateles Lake
Became a law July 17, 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 33-a of the navigation law, as amended by chapter 485 of the laws of 1974, is amended to read as follows:

§ 33-a. Sanitary facilities aboard craft on Lake George, Skaneateles Lake and on Greenwood Lake, Orange County. It shall be unlawful for any

operator for a marina or other business to launch, moor, dock or operate any craft, or permit such launching, mooring, or operating of any craft upon Lake George, upon Skaneateles Lake, and upon Greenwood Lake, Orange county, their tributaries or outlets, equipped with toilets, sinks, tubs, showers, or other equipment resulting in the drainage of waste water or other sanitary facilities which in any manner discharge into the waters of the lake, its tributaries or outlet. All such toilets, sinks, tubs, showers, or other equipment resulting in the drainage of waste water, or other sanitary facilities, shall be removed or sealed or made to drain into a tank or reservoir which can be carried or pumped ashore for disposal according to the regulations of local boards of health or county and state health agencies. Failure to comply with the provisions of this section shall be a misdemeanor punishable by a fine of not to exceed one hundred dollars, or by imprisonment of not more than one year, or by both such fine and imprisonment.

§ 2. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law.

CHAPTER 354

AN ACT authorizing the city of Elmira, Chemung, county to discontinue the

use of and sell certain park lands Became a law July 17, 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. Notwithstanding the provisions of any general, special or local law to the contrary, the city of Elmira, county of Chemung, acting by and through its common council through local law or resolution, is hereby authorized and empowered to discontinue the use as park lands' and 20. sell and convey to Frederick De Filippo and Gerald De Filippo for fair market value the lands and improvements thereon described in tion two of this act which had been acquired by such city for park purposes and which are not needed for such purposes. The city of Elmira hereby authorized to execute and deliver a deed of conveyance of valid title in fee simple of such lands, upon such terms and conditions as the city deems fair and reasonable. The net proceeds of such sale shall be used by the city of Elmira for park capital purposes.

9.2. The lands referred to in section one of this act are described as ALL THAT TRACT OR PARCEL OF LAND situate in the City of Elmira, County of Chemung and State of New York, bounded and described as follows: EXPLANATION-Matter in italics is new; matter in brackets [] is old law

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BEGINNING at point, said point being at a drill hole set in the southeast corner of premises conveyed from the Elmira Urban Renewal Agency to Morris W. Shepard, Jr., by deed dated and recorded October 25, 1977 in Liber 656 of Deeds at page 1180, in the Chemung County Clerk's Office; running thence S. 80° 54' 13" W. a distance of 75.00' along the southerly line of the aforesaid Shepard lands to an iron pin located in the southwest

thereof; running, thence S. 090 28' 30" E. a distance of 2.82' to a point; running thence N. 800

54' 13" E. distance of 75.00' to a point; running thence 09° 28' 30" W. a distance of 2.82' to the point or place of beginning.

Containing 0.005 Acre (212 sq. ft.) of land and designated as "Parcel to be Acquired" on the map of lands of Brian Morley, et

al., made by Weiler Associates dated April 11, 1991 (Job No. 8386. 1).

Subject to a perpetual easement of the New York State Department of Public Works for flood control purposes as shown on a map by the New York State Department of Public Works, Elmira Flood Protection Project, Section No. 2, Map 494, Parcel 785 recorded in the Chemung County Clerk's office on July 23, 1946.

City of Elmira reserves a perpetual easement over the above described property for the purpose of maintaining, repairing and replacing the concrete paved. channel immediately adjacent to the above described parcel, which channel is shown on the above described survey . 3

conveyance of parklands authorized by this act shall not occur until any federal requirements pertaining to alienation or conversion, including any required replacement of the lands being alienated, have been complied with.

§ 4. This act shall take effect immediately.

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AN ACT to amend the mental hygiene law, in relation to funding for rural

non-residential alcoholism treatment services
Became a law July 17, 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. Paragraph (iii) of subdivision (b) of section 41. 18 of the mental hygiene law, as amended by chapter 376 of the laws of 1991, is amended to read as follows: (iii) Notwithstanding the foregoing, local

governments shall be granted state aid of one hundred percent of the net operating costs expended by such localities and by voluntary agencies pursuant to contract with such local governments for alcohol crisis centers and for chemical dependency programs for youth. Such state aid may also be granted to programs transferred from the task force integrated projects for youth and chemical dependency. Such state aid shall also be granted for non-residential services determined to be necessary to serve the public interest by the director of the division of alcoholism and alcohol abuse provided by local governments having a population of one hundred twentyfive thousand or less as determined by the last preceding federal census, or by voluntary agencies pursuant to contracts with such local governments.

$ 2. The fourth undesignated paragraph of paragraph 1 of subdivision (b) of section 41.23 of the mental hygiene law, as amended by chapter 376 of the laws of 1991, is amended to read as follows:

Notwithstanding the foregoing, local governments shall be granted state aid of one hundred percent of the net operating costs expended by such localities and by voluntary agencies pursuant to contracts with such local governments for alcohol crisis centers and for chemical dependency programs for youth. Such state aid may also be granted to programs transferred from the task force on integrated projects for youth and chemical dependency. Such state aid shall also be granted for non-residential services determined to be necessary to serve the public

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