N.Y. ENV Law § 21-1101 — New York Code / Act ENV / Article 21 / Title 11 / Section 21-1101
Champlain basin compact
Status: in_force

§ 21-1101.  Champlain basin compact.\n  The Champlain basin compact as first entered into pursuant to chapter\n905 of the laws of 1966, is hereby continued as follows:\n                        THE CHAMPLAIN BASIN COMPACT\n                           ARTICLE 1--PURPOSE\n  1.1  The signatory parties agree that there is need for a regional\nintergovernmental forum for consideration of the problems and\ncoordination of governmental activities in the great underdeveloped\nChamplain Basin.\n  1.2  The signatory parties recognize the water and related resources\nof the Champlain Basin as regional assets vested with local, state and\nnational interests for which they have joint responsibility, and that\nthe conservation, utilization, development, management and control of\nthe water and related resources of the Champlain Basin under a\ncomprehensive multi-purpose plan is essential to provide the greatest\nbenefits for the public welfare.\n  1.3  The signatory parties acknowledge that planning and protection\nare essential in order to assure orderly development, safeguard the\nvalues of the area, and preserve the magnificent beauties and amenities\nof the great boundary sea of Lake Champlain and its environs, and this\nneed is greatest in the areas most subject to the pressures of\nurbanization, the counties riparian on Lake Champlain and in particular\nthe lake and its immediate environs.\n  1.4  To these ends, the signatory parties find that it is essential to\nestablish a joint agency of the signatory parties, with powers\nsufficient and appropriate:\n  a)  to provide a forum for consultation among and coordination of\ngovernmental agencies in the area.\n  b)  formulate a comprehensive plan and program to effectuate proper\nmanagement of the water and related resources of the Champlain Basin.\n  c)  encourage and implement planning and protection of values and\namenities in the counties riparian on Lake Champlain.\n  d)  consider, formulate and recommend programs and provisions for the\nprotection of the values and amenities of Lake Champlain and its\nimmediate environs; and administer and enforce such programs when\nauthorized by the legislatures of the respective states.\n                    ARTICLE 2--SHORT TITLE, DEFINITIONS\n  2.1  This act shall be known and may be cited as the Champlain Basin\nCompact.\n  2.2  The term "Champlain Region" shall mean the area included within\nthe boundaries of the Champlain Basin.\n  2.3  The term "Champlain Basin" shall mean Lake Champlain, its\ntributaries and all land drained by that Lake and its tributaries to\nwhatever extent they lie within the signatory states.\n  2.4  The term "Champlain Valley" shall mean the area in Vermont\ncontained in the counties of Grand Isle, Franklin, Chittenden, Addison,\nand those portions of Rutland County which are within the basin, the\nareas in New York contained in the counties of Clinton, Essex, Warren,\nand those portions of Washington county which are within the basin.\n  2.5  The term "Lake Champlain Park" shall mean Lake Champlain, its\nbays and indentations and shores, and the land and waters in both states\ncontained within one quarter of a mile west of the outside state\nproperty line of Interstate 87 from the international boundary to Glens\nFalls, on the east side contained within one quarter of a mile east of\nthe outside state property lines of Interstate 89 starting at the\nCanadian border to Burlington, Interstate 189 to South Burlington, U.\nS. 7 to Vergennes, 22A to Fairhaven and 4 to Whitehall, provided that\nwith respect to advertising this shall include any structures, displays\nor devices which can be seen from the lake if they are not otherwise\nincluded.\n  2.6  The term "Lake Champlain" shall include the Lake, its islands,\nthe lands under its waters up to the international boundary and its\ntributaries up to the boundaries of the Lake Champlain Park.\n                                 ARTICLE 3\n  3.1  The Champlain Basin Compact shall come into effect when enacted\nby the legislatures of Vermont and New York.\n  The provisions of Title 1 of Article 6 with respect to water and\nrelated resources management and the operation of the Basin panel with\nrespect thereto shall come into effect when enacted by Vermont and New\nYork and Title II of Article 6 shall come into effect when such a title\nhas been enacted by the two states and the Congress has enacted\nlegislation making the United States a signatory party to the provisions\nof Title II of Article 6 and provided for United States participation in\nthe Basin Panel.\n  The provisions of Articles 7 and 8, the operation of the Valley\nCouncil with respect thereto, and all provisions of the compact except\nTitle II of Article 6 as provided for shall come into effect when\nenacted by Vermont and New York.\n  3.2  The province of Quebec and the Government of Canada subject to\nsuch arrangements as may be necessary to effect participation under the\nconstitutions of both nations may participate in this agreement or the\nBasin Panel thereof to that extent and under such terms as may be agreed\nbetween such government or governments and the signatory parties.\n  3.3  The Interstate Commission on the Lake Champlain Basin (Incochamp)\nis hereby created by the signatory parties as a body politic and\ncorporate, with succession for the duration of this compact, as an\nagency and instrumentality of those parties.  The Commission shall be\ncomposed of six members from each state and when the United States\nparticipates in the Basin Panel as a signatory party, a representative\nof the United States with the following powers and duties.\n  The states of Vermont and New York, and when the United States\nparticipates as a signatory party, the United States of America shall be\nentitled to a representative on the Basin Panel to act for it in the\nmanagement of the water and related resources of the Champlain Basin\nunder the provisions of Article 6. In the instance of Vermont and New\nYork, the state member shall be the Governor or a representative\ndesignated by the Governor to act for him. The United States\nrepresentative shall be appointed by the President.\n  Each state shall name four planning members, and a state legislator\nfrom a constituency in the Champlain Basin.  These members shall be\ndesignated or appointed and serve and be subject to removal as provided\nin the legislation by which their state enacts this compact.\n  The representatives of the signatory parties shall exercise the\nfollowing voting powers in the Commission:\n  The representative of the United States may participate in all\ndiscussions but vote only on all matters with respect to the provisions\nof Article 6 and the Basin Panel thereof.\n  The representatives of each state on the Basin Panel may participate\nin all discussions and vote on all matters.\n  The planning members may participate in all discussions and vote on\nall matters except those matters within the purview of the Basin Panel\nas embodied in Article 6 of this compact.  The legislative member may\nparticipate in all discussions and vote on all matters except those\nmatters within the purview of the Basin Panel as embodied in Article 6\nof this compact and those with respect to management and administration\nof regulatory and proprietary functions contained or established under\nthe provisions of Articles 7 and 8.\n  3.4  a)  The Commission as a whole shall act as a forum for the\nproblems of the Champlain region and, where needful, in coordinating the\nactivities within the region of the signatory parties, their\nsubdivisions and agencies, and in addressing general recommendations to\nany government or governments with  jurisdiction within the area\nencompassed by the signatory parties other than recommendations with\nrespect to subjects on which recommendations are within the purview of\nthe Basin Panel as embodied in Article 6 of this compact.\n  b)  The Basin Panel of the Commission shall be composed of the\nrepresentatives of the signatory parties designated to act for them in\nthe management of the water and related resources of the Champlain\nBasin.  Voting on all matters as included in Article 6 of this agreement\nshall be limited to the members of the Basin Panel.  Each member of the\npanel shall be entitled to one vote on all matters which may come before\nthe panel. No action of the panel shall be taken at any meeting unless a\nmajority of the membership shall vote in favor thereof. Each member of\nthe panel shall appoint an alternative to act in his place and stead,\nwho shall attend all meetings of the Panel with power to vote in the\nabsence of the member.\n  c)  The Valley Council of the Commission shall act with respect to\nmatters relative to the Valley and Lake Champlain Park as included in\nArticles 7 and 8 and shall be composed of the four planning members from\neach state, the representatives of each state on the Basin Panel and\nsubject to the limitations described in 3.3 herein the Legislative\nmembers.  Each member of the Valley Council shall be entitled to one\nvote.  When the United States participates in the Basin Panel, the\nrepresentative of the United States shall be entitled to participate in\nthe discussions in the Valley Council and the Commission as a whole.\n  d)  No action of the Commission as a whole or its Valley Council shall\nbe binding unless taken at a meeting in which a majority of the members\nfrom each state are present and unless a majority of those qualified to\nvote on such action from each state concur, provided that any action not\nbinding for such reason may be ratified within thirty days by the\nconcurrence of a majority of each state.  In the absence of any\nrepresentative his vote may be cast by another representative of his\ngovernment in the Commission, provided that the representative casting\nthe vote shall have a written proxy in proper form as may be required by\nthe Commission.\n  3.5  The Commission may sue and be sued, and shall have a seal.\n  3.6  The Commission shall elect annually, from among its members, a\nchairman, a vice-chairman, and a treasurer. The commission shall appoint\nan executive director who shall also act as secretary and who, together\nwith the treasurer, shall be bonded in such amounts as the Commission\nmay require.  Each panel shall elect annually a chairman and\nvice-chairman from among its members.\n  3.7  Irrespective of the civil service, personnel or other merit\nsystem laws of any of the signatory parties, the Commission shall\nappoint and remove or discharge such personnel as may be necessary for\nthe performance of the Commission's functions.  The Commission may\nestablish and maintain in conjunction with any one or more of the\nsignatory parties a suitable retirement system for its employees.\nEmployees of the Commission shall be eligible for social security\ncoverage in respect to old age and survivors insurance, provided that\nthe Commission takes such steps as may be necessary to participate in\nsuch program as of insurance as a governmental agency or unit.\n  3.8  The commission may establish and maintain or participate in such\nadditional programs of employee benefits as may be appropriate to afford\nemployees of the Commission terms and conditions of employment similar\nto those enjoyed by employees of the signatory states generally.\n  3.9  a)  The Commission may borrow, accept or contract for the\nservices of personnel from any inter-governmental agency or government\nwith jurisdiction in the region or any subdivision or agency thereof, or\nfrom any institution, person, firm or corporation.\n  b)  The Commission may accept for any of its purposes and functions\nunder this Compact any and all donations, and grants of money,\nequipment, supplies, materials, and services, conditional or otherwise,\nfrom any government, inter-govermental agency, institution, person,\nfirm, or corporation, and may receive, utilize, and dispose of the same\nprovided no non-governmental donation or grant in kind or money shall be\naccepted for administrative or operating expenses.  The Commission shall\nhave the power to apply and qualify for and accept federal grants.\n  3.10  a)  The Commission may establish and maintain such facilities as\nmay be necessary for the transacting of its business.  For these\npurposes the Commission may acquire, hold and convey real and personal\nproperty and any interest therein.\n  b)  The Commission may adopt, amend, and rescind bylaws, rules, and\nregulations for the conduct of its business.\n  c)  The Commission annually shall make a report to the Governors and\nthe President of the United States. The report, which shall cover the\nactivities of the Commission for the preceding year and embody such\nrecommendations as may have been adopted by the Commission, shall be\ntransmitted to the legislatures of all governments with jurisdiction in\nthe region.  The Commission may issue such additional reports as it may\ndeem desirable.\n                            ARTICLE 4--FINANCE\n  4.1  The Commission shall submit to the executive head or designated\nofficer of each signatory party a budget or budgets for the Basin or\nValley including a statement of all funds expected to be available to\nthe Commission and their sources and, a request for an appropriation to\ncover that party's share of expenditures for such period as may be\nrequired by the laws of that jurisdiction for presentation to the\nlegislature thereof.\n  4. With due regard for such monies and other assistance as may be made\navailable to it, the Commission shall be provided with such funds by\neach of the several parties participating therein to provide the means\nof establishing and maintaining facilities, a staff of personnel, and\nsuch activities as may be necessary to fulfill the powers and duties\nimposed upon and entrusted to the Commission or the Basin Panel or\nValley Council thereof.\n  With due allowance for monies otherwise available, and monies made\navailable by the United States of America, each budget of the Commission\nshall be the responsibility of the signatory parties, but as to the\nstates apportioned between them as follows:  50% on an equal basis; 30%\non the basis of population; 20% on the basis of area, such population to\nbe determined in accordance with the last official United States Census\nof Population.\n  4.3  The Commission shall not pledge the credit of any jurisdiction.\nThe Commission may meet any of its obligations in whole or in part with\nfunds available to it under 3.8(b) of this compact, provided that the\nCommission takes specific action setting aside such funds prior to the\nincurring of any obligation to be met in whole or in part in such\nmanner.\n  4.4  The Commission shall keep accurate accounts of all receipts and\ndisbursements. The receipts and disbursements of the Commission shall be\nsubject to the audit and accounting procedures established under its\nbylaws. However, all receipts and disbursements of funds handled by the\nCommission shall be audited by a qualified public accountant and the\nreport of the audit shall be included in and become part of the annual\nreport of the Commission.\n  4.5  The accounts of the Commission shall be open at any reasonable\ntime for inspection by such agency, representative, or representatives\nof the jurisdictions which appropriate funds to the Commission.\n             ARTICLE 5--CHAMPLAIN REGION--ORDERLY DEVELOPMENT\n  5.1  The Commission shall act as a general forum for the problems of\nthe region, including, but not limited to, those for which the agreement\nestablishes separate consideration by the Basin Panel and Valley\nCouncil, and to that end shall encourage and implement channels of\ncommunication and coordination among those departments and agencies of\nthe signatory parties and their subdivisions as have significant\ninterest in the subject matters of the Commission's activities and may\nmake such recommendations to those parties, and those departments,\nagencies, and subdivisions as may be desirable for the welfare and\norderly development of the region.\n  5.2  The Commission shall hold an annual general conference and such\nother conferences or meetings, general or particular, as it may deem\nadvisable to promote the welfare and orderly development of the region.\n  5.3  The Commission shall sponsor, organize or encourage and aid\nconferences of the local governments of the Basin or such areas thereof\nas may be appropriate to implement inter-governmental information,\nco-operation, and coordination on and among all levels of government in\nthe region.  To effectuate better coordination in the region the\nCommission shall promote mutual aid and multilateral arrangements\nbetween the signatory parties and their agencies and local governments\nand their agencies and encourage interlocal legislation and agreements.\nIt may sponsor or encourage  the publications of local government\nbulletins or information to these ends.\n  5.4  The Commission may:\n  a)  establish advisory and other technical committees as occasion\nwarrants, composed of private citizens, expert and lay personnel,\nrepresentatives of industry, labor, commerce, agriculture, civic\nassociations and officials, and personnel of any government or\ninter-governmental organization having jurisdiction in the region.\n  b)  cooperate with all appropriate governmental and private agencies\nin the encouragement of the orderly development of the region and of\ntourist traffic and facilities.\n  c)  organize, sponsor and encourage historical observances or other\nfestivals and exhibitions to promote the welfare and orderly development\nof the region.\n  d)  plan and recommend governmental services and programs which would\nbe of assistance to the orderly growth and prosperity of the region, and\nto the well-being of its population.\n  e)  study and recommend means for the most effective utilization of\nsuch federal assistance as may be available on a regional basis or may\nhave an interstate or regional impact.\n  f)  assist the party states in cooperative planning undertakings with\nthe federal government or any agencies thereof within the Champlain\nregion.\n  5.5  The Commission shall compile and keep current an inventory of\nscenic, ecological and historic sites and its recommendations with\nrespect thereto.\n           ARTICLE 6--LAKE CHAMPLAIN BASIN--WATERSHED MANAGEMENT\n                                 Title I\n  6.1  It is the purpose of this Compact to provide in the Champlain\nBasin improved procedures for the coordination of the policies, programs\nand activities of the several jurisdictions and private persons and\nentities in the field of water and related resources and for the\nplanning and management of the development, use and conservation of such\nwater and related resources.\n  6.2  The Commission utilizing appropriate state and other duly\nauthorized public agencies may through its Basin Panel:\n  a)  Conduct and sponsor research on water resources and their\nplanning, use, conservation, management, development, control, and\nprotection, and the capacity, adaptability, and best utility of each\nfacility thereof, and collect, compile, correlate, analyze, report, and\ninterpret data on water resources and uses in the basin, including\nwithout limitation thereto the relation of water to other resources,\nindustrial water technology, ground water movement, relation between\nwater price and water demand and other economic factors, and general\nhydrological conditions:\n  b)  Collect, compile, coordinate, and interpret systematic stream\nstage and ground water data, and publicize such information when and as\nneeded for water uses, flood warning, quality maintenance, or other\npurposes:\n  c)  Conduct ground and surface water investigations, tests, and\noperations, and compile data relating thereto as may be required to\nformulate and administer the comprehensive plan:\n  d)  Prepare, publish, and disseminate information and reports\nconcerning the water problems of the basin and for the presentation of\nthe needs and resources of the basin and policies of the commission to\nexecutive and legislative branches of the signatory parties to this\narticle.\n  6.3  The Commission through its Basin Panel shall develop and adopt,\nand may from time to time review and revise, a comprehensive plan for\nthe immediate and long range development and use of the water resources\nof the basin.  The plan shall include all public and private projects\nand facilities which are required, in the judgment of the Commission,\nfor the optimum planning, development, conservation, utilization,\nmanagement, and control of the water resources of the basin to meet\npresent and future needs.  The commission may adopt a comprehensive plan\nor any revision thereof in such part or parts as it may deem\nappropriate, provided that before the adoption of the plan or any part\nor revision thereof the Commission shall consult with water users and\ninterested public bodies and public utilities and shall consider and\ngive due regard to the findings and recommendations of the various\nagencies of the signatory parties, their political subdivisions and\ninterested groups. The Commission shall conduct public hearings with\nrespect to the comprehensive plan prior to the adoption of the plan or\nany part of the revision thereof and shall make public any dissenting or\nminority opinions.\n  6.4  The Commission shall promote and aid the coordination of the\nactivities and programs of Federal, state, municipal, and private\nagencies concerned with water resources administration in the basin.\n  6.5  In the event the legislatures of the two states and the Congress\nof the United States do not within a year from the date of the enactment\nof this Compact enact a Title II of this article providing for the\nimplementation of the comprehensive plan in terms of a water resources\nprogram and management of water and related resources in the Champlain\nBasin, the Basin Panel shall prepare and recommend provisions to\neffectuate these purposes for enactment as such title by the two states\nand the United States.  Nothing in this article, however, shall be\nconstrued to prohibit action by the Basin Panel to this end during the\ntwo year period immediately following the enactment of this compact or\nthereafter.\n           ARTICLE 7--CHAMPLAIN VALLEY--PLANNING FOR DEVELOPMENT\n  7.1  It is the purpose of this Compact to encourage and coordinate\nlocal, regional, interstate and international planning and zoning in the\nChamplain Valley in order to safeguard its beauty and amenities and\nassure its orderly development as population pressures inevitably grow\nin this core of the Champlain Basin.\n  7.2  The Commission, acting through its Valley Council may recommend\nstandards as guides for planning, zoning, and other action which will\npromote balanced development.\n  7.3  The Commission, acting through its Valley Council may act as\ncoordinator or as an agency for the inter-governmental coordination and\neffectuation of local, regional, state, interstate and international\nplanning.\n  7.4  a)  The Commission, acting through its Valley Council after\nconsultation with appropriate agencies of the signatory states, may\nrecommend a comprehensive master plan for their public works and like\nexpenditures in the Valley or a portion thereof, which, in those\nparticulars and for such period as is approved by the legislatures of\nthe signatory states, shall be observed by them with the same force and\neffect as if incorporated in this agreement.\n  The Valley Council may, from time to time, recommend plans for the\nValley, supplementary to or amendatory of any previous plan, which in\nthe same fashion shall be observed by the parties so agreeing, with same\nforce and effect as if incorporated in this agreement.\n  b)  The Valley Council in consultation with the planning agencies of\nthe states and their political subdivisions is authorized to adopt and\nfrom time to time, amend or extend, a comprehensive plan for the\ndevelopment and protection of the Champlain Valley to serve as a general\nframework or guide of development within which each part of the Valley\nmay be more precisely planned and which shall include among things, a\nland use plan and which shall serve to reconcile and integrate planning\nproposals throughout the valley.\n                      ARTICLE 8--LAKE CHAMPLAIN PARK\n  8.1  The signatory parties find that the protection of the amenities\nand resources of Lake Champlain and its adjacent area is central to the\neconomic health and orderly development of the entire valley and region.\nAccordingly, it is the purpose of this Compact to provide through the\nCommission acting through its Valley Panel a mechanism for joint action\nof the signatory parties in safeguarding the values, resources, and\namenities of Lake Champlain and its adjacent area in accordance with the\ncomprehensive plan.\n  8.2  The Lake Champlain Park as described in 2.5 of this agreement\nshall constitute a zone in which the Valley Council may perform the\nfunctions described in this article.\n  8.3  The Commission through its Valley Panel may draft and recommend\nfor adoption ordinances and regulations which would assist, develop and\nprotect the park area and the character of its communities.\n  Local governments may consider parts of their area which are within\nthe park area under the provisions of this article separately from the\nmunicipality as a whole and pursuant to the laws of the state governing\nthe adoption of these regulations generally may enact regulations\nlimited to the designated area.  In making recommendations to a local\ngovernment which is partly in and partly out of the park, the Valley\nCouncil may make recommendations for the entire municipality.\n  8.4  In order to preserve and enhance the natural beauty and the\namenities of the Lake Champlain Park; protect and conserve the\ninvestment of the signatory parties in forest land, islands, state\ncampsites and other interest in real property in the parks; preserve and\nregulate the park for public uses for the resort of the public for\nrecreation, transportation, pleasure, air, light, and enjoyment; keep it\nopen, safe, clean and in good order for the welfare of society and\nprevent unrestricted commercial development, the Commission through its\nValley Council shall recommend within three years after the adoption of\nthe Compact, or report its reasons for not so doing, legislation for\nthese purposes which shall come into effect inside the boundaries of the\nparks area within the jurisdiction of a state upon enactment by the\nlegislature concurred in by the legislature of the other state:\n  a)  Protection of the Lake and its Environs\n  Regulation of: advertising, objectionable use of property, filling or\nuse for private purposes of state lands under water, conduct of boats\nand vessels with respect to safety and sanitation, maintenance of lake\nlevels, sewage disposal into the lake, dumping and littering on its\nwaters or frozen surface. The encouragement of restrictive covenants.\n  b)  Coordination of Law Enforcement\n  Establishment of common high and low water marks and state\njurisdiction with regard thereto, aid to local law enforcement over the\nuse of the lake, provisions for the enforcement of laws by joint or\ncoordinated state or local action, deputation of law enforcement powers\nas among jurisdictions, provisions for the appearance of the Commission\nin the courts of either state with power to bring actions or proceedings\nin law or equity to enforce provisions of law and requirements as they\napply to the area set forth in paragraph 2.5 of this Compact.\n  A negative report shall not preclude a later affirmative\nrecommendation or recommendations on these subjects by the Valley\nCouncil.  The listing of matters in (a) and (b) of this paragraph shall\nnot be interpreted to preclude recommendations on matters not so listed.\nNothing in this article shall be construed to prohibit action by a\nsignatory party, or the signatory parties by means of legislation other\nthan legislation concurred in by both states.\n  8.5  Nothing in this Compact or in any regulation issued under the\nprovisions of this article or concurrent legislation enacted in\naccordance therewith shall be interpreted to supersede actions of a park\ndistrict created under the laws of either state lying wholly or\npartially in the Lake Champlain Park unless the Valley Council\nspecifically states such effect is necessary for the adequate protection\nof the amenities and values of the Lake Champlain Park.\n  Nor shall this compact be interpreted to prohibit more stringent\naction by a signatory party.\n                                 ARTICLE 9\n  Except as may be stipulated in Title II of Article 6 nothing in this\nCompact shall be construed to impair, or otherwise affect the\njurisdiction of any interstate agency in which any party state\nparticipates not to abridge, impair, or otherwise affect the provisions\nof any compact to which any one or more of the party states may be a\nparty, nor to supersede, diminish, or otherwise affect any obligation\nassumed under any such compact; nor shall anything in this compact be\nconstrued to discourage additional interstate compacts among some or all\nof the party states or the establishment of intergovernmental agencies\nin sub-areas of the region or to limit the jurisdiction or activities of\nany participating government, agency, or officer thereof, or any private\nperson or agency.\n                                ARTICLE 10\n  The provisions of this Compact shall be severable and if phrase,\nclause, sentence or provision of this Compact is declared to be\nunconstitutional or the applicability thereof to any state, agency,\nperson or circumstance is held invalid, the constitutionality of this\nCompact, and the applicability thereof to any state, person or\ncircumstance shall not be affected thereby.  It is the legislative\nintent that the provisions of this Compact be reasonably and liberally\nconstrued.\n                                ARTICLE 11\n  This Compact shall continue in force and remain binding on the\nsignatory parties unless renounced by legislative action of a signatory\nparty at least four years in advance of the effective date of\nwithdrawal.  Such withdrawal shall not affect the operation of the\nprovisions of this Compact with respect to the continued operations of\nthe Basin Panel and Article 6 under separate withdrawal provisions for\nthat article.\n
N.Y. PBA Law § 1266-L*2 — New York Code / Act PBA / Article 5 / Title 11 / Section 1266-L*2
Light duty for employees
Status: in_force

* § 1266-l. Light duty for employees. 1. Should any employee engaged\nin the service of any commuter rail service owned or operated by the\nauthority or its subsidiary, who is pregnant be prevented by such\npregnancy from performing the activities involved in her regular\nassigned duties due, but is able, as determined by the employee's\nmedical provider, to perform specified types of light duty, the employer\nshall make available such light duty to the employee, provided, however,\nthat such light duty shall enable her to continue to be entitled to her\nconcurrent assignment earnings, including increases thereof and fringe\nbenefits, to which she would have been entitled if she were able to\nperform her regular assigned duties.\n  2. Nothing in this section shall be deemed to diminish the rights,\nprivileges, or remedies of any employee under any collective bargaining\nagreement or employment contract.\n  * NB There are 2 § 1266-l's\n
N.Y. PBA Law § 1266 — New York Code / Act PBA / Article 5 / Title 11 / Section 1266
Special powers of the authority
Status: in_force

§ 1266. Special powers of the authority. In order to effectuate the\npurposes of this title:\n  1. The authority may acquire, by purchase, gift, grant, transfer,\ncontract or lease, any transportation facility other than a transit\nfacility or, subject to subdivision two of this section or any\ntransportation facility constituting a transit facility, wholly or\npartially within the metropolitan commuter transportation district, or\nany part thereof, or the use thereof, and may enter into any joint\nservice arrangements as hereinafter provided. Any such acquisition or\njoint service arrangement shall be authorized only by resolution of the\nauthority approved by not less than a majority vote of the whole number\nof members of the authority then in office, except that in the event of\na tie vote the chairman shall cast one additional vote.\n  2. The authority may on such terms and conditions as the authority may\ndetermine necessary, convenient or desirable itself plan, design,\nacquire, establish, construct, effectuate, operate, maintain, renovate,\nimprove, extend, rehabilitate or repair (a) any transportation facility\nother than a transit project, or (b) upon the request of the New York\ncity transit authority, and upon such terms and conditions as shall be\nagreed to by the authority or any transportation facility constituting a\ntransit facility (a "transportation assistance project"), or may provide\nfor such planning, design, acquisition, establishment, construction,\neffectuation, operation, maintenance, renovation, improvement,\nextension, rehabilitation or repair by contract, lease or other\narrangement on such terms as the authority may deem necessary,\nconvenient or desirable with any person, including but not limited to\nany common carrier or freight forwarder, the state, any state agency,\nthe federal government, any other state or agency or instrumentality\nthereof, any public authority of this or any other state, the port of\nNew York authority or any political subdivision or municipality of the\nstate. In connection with the operation of any transportation facility,\nthe authority may plan, design, acquire, establish, construct,\neffectuate, operate, maintain, renovate, improve, extend or repair or\nmay provide by contract, lease or other arrangement for the planning,\ndesign, acquisition, establishment, construction, effectuation,\noperation, maintenance, renovation, improvement, extension or repair of\nany related services and activities it deems necessary, convenient or\ndesirable, including but not limited to the transportation and storage\nof freight and the United States mail, feeder and connecting\ntransportation, parking areas, transportation centers, stations and\nrelated facilities. Upon the completion of any such transportation\nassistance project or any part thereof or the termination of any\ncontract, lease or other arrangement relating to such transportation\nassistance project, the authority shall cause the same to be\ntransferred, leased or subleased to the New York city transit authority\nor its designated subsidiary, as appropriate, with or without\nconsideration.\n  3. The authority may establish, levy and collect or cause to be\nestablished, levied and collected and, in the case of a joint service\narrangement, join with others in the establishment, levy and collection\nof such fares, tolls, rentals, rates, charges and other fees as it may\ndeem necessary, convenient or desirable for the use and operation of any\ntransportation facility and related services operated by the authority\nor by a subsidiary corporation of the authority or under contract, lease\nor other arrangement, including joint service arrangements, with the\nauthority. Any such fares, tolls, rentals, rates, charges or other fees\nfor the transportation of passengers shall be established and changed\nonly if approved by resolution of the authority adopted by not less than\na majority vote of the whole number of members of the authority then in\noffice, with the chairman having one additional vote in the event of a\ntie vote, and only after a public hearing, provided however, that fares,\ntolls, rentals, rates, charges or other fees for the transportation of\npassengers on any transportation facility which are in effect at the\ntime that the then owner of such transportation facility becomes a\nsubsidiary corporation of the authority or at the time that operation of\nsuch transportation facility is commenced by the authority or is\ncommenced under contract, lease or other arrangement, including joint\nservice arrangements, with the authority may be continued in effect\nwithout such a hearing. Such fares, tolls, rentals, rates, charges and\nother fees shall be established as may in the judgment of the authority\nbe necessary to maintain the combined operations of the authority and\nits subsidiary corporations on a self-sustaining basis. The said\noperations shall be deemed to be on a self-sustaining basis as required\nby this title, when the authority is able to pay or cause to be paid\nfrom revenue and any other funds or property actually available to the\nauthority and its subsidiary corporations (a) as the same shall become\ndue, the principal of and interest on the bonds and notes and other\nobligations of the authority and of such subsidiary corporations,\ntogether with the maintenance of proper reserves therefor, (b) the cost\nand expense of keeping the properties and assets of the authority and\nits subsidiary corporations in good condition and repair, and (c) the\ncapital and operating expenses of the authority and its subsidiary\ncorporations. The authority may contract with the holders of bonds and\nnotes with respect to the exercise of the powers authorized by this\nsection. No acts or activities taken or proposed to be taken by the\nauthority or any subsidiary of the authority pursuant to the provisions\nof this subdivision shall be deemed to be "actions" for the purposes or\nwithin the meaning of article eight of the environmental conservation\nlaw.\n  3-a. In furtherance of the authority's mandate to develop and\nimplement a unified mass transportation policy for the metropolitan\ncommuter transportation district and the exercise of its powers,\nincluding the power to issue notes, bonds and other obligations secured\nin whole or in part by the revenues of the authority and its\nsubsidiaries, and New York city transit authority and its subsidiaries,\nthe authority shall join with the New York city transit authority and\nits subsidiaries in connection with any change in the establishment,\nlevy and collection of fares, tolls, rentals, rates, charges and other\nfees for the transportation of passengers on any transportation\nfacilities operated by New York city transit authority and its\nsubsidiaries. Such fares, tolls, rentals, charges and other fees on\ntransit facilities shall be established in accordance with the\nrequirements of sections twelve hundred five and twelve hundred seven-i\nof this article.\n  4. The authority may establish and, in the case of joint service\narrangements, join with others in the establishment of such schedules\nand standards of operations and such other rules and regulations\nincluding but not limited to rules and regulations governing the conduct\nand safety of the public as it may deem necessary, convenient or\ndesirable for the use and operation of any transportation facility and\nrelated services operated by the authority or under contract, lease or\nother arrangement, including joint service arrangements, with the\nauthority. Such rules and regulations governing the conduct and safety\nof the public shall be filed with the department of state in the manner\nprovided by section one hundred two of the executive law. In the case of\nany conflict between any such rule or regulation of the authority\ngoverning the conduct or the safety of the public and any local law,\nordinance, rule or regulation, such rule or regulation of the authority\nshall prevail. Violation of any such rule or regulation of the authority\nor any of its subsidiaries governing the conduct or the safety of the\npublic in or upon any facility of the authority or any of its\nsubsidiaries shall constitute an offense and shall be punishable by a\nfine not exceeding fifty dollars or imprisonment for not more than\nthirty days or both or may be punishable by the imposition of a civil\npenalty by the transit adjudication bureau established pursuant to the\nprovisions of title nine of this article, except that civil penalties\nrelating to the payment of fares may be punishable by the imposition of\na civil penalty not to exceed one hundred fifty dollars, provided that\ncivil penalties relating to the payment of fares to the MTA bus company\nand the Metro-North railroad and Long Island rail road shall be in\naccordance with the conditions set forth in subdivisions eleven and\ntwelve of section twelve hundred nine-a of this article, as applicable.\n  5. The authority may acquire, hold, own, lease, establish, construct,\neffectuate, operate, maintain, renovate, improve, extend or repair any\ntransportation facilities through, and cause any one or more of its\npowers, duties, functions or activities to be exercised or performed by,\none or more wholly owned subsidiary corporations of the authority, or by\nNew York city transit authority or any of its subsidiary corporations in\nthe case of transit facilities and may transfer to or from any such\ncorporations any moneys, real property or other property for any of the\npurposes of this title upon such terms and conditions as shall be agreed\nto and subject to such payment or repayment obligations as are required\nby law or by any agreement to which any of the affected entities is\nsubject. The directors or members of each such subsidiary corporation of\nthe authority corporation shall be the same persons holding the offices\nof members of the authority. The chairman of the board of each such\nsubsidiary shall be the chairman of the authority, serving ex officio\nand, provided that there is an executive director of the metropolitan\ntransportation authority, the executive director of such subsidiary\nshall be the executive director of the metropolitan transportation\nauthority, serving ex officio. Notwithstanding any provision of law to\nthe contrary, the chairman shall be the chief executive officer of each\nsuch subsidiary and shall be responsible for the discharge of the\nexecutive and administrative functions and powers of each such\nsubsidiary. The chairman and executive director, if any, shall be\nempowered to delegate his or her functions and powers to one or more\nofficers or employees of each such subsidiary designated by him or her.\nEach such subsidiary corporation of the authority and any of its\nproperty, functions and activities shall have all of the privileges,\nimmunities, tax exemptions and other exemptions of the authority and of\nthe authority's property, functions and activities. Each such subsidiary\ncorporation shall be subject to the restrictions and limitations to\nwhich the authority may be subject. Each such subsidiary corporation of\nthe authority shall be subject to suit in accordance with section twelve\nhundred seventy-six of this title. The employees of any such subsidiary\ncorporation, except those who are also employees of the authority, shall\nnot be deemed employees of the authority.\n  If the authority shall determine that one or more of its subsidiary\ncorporations should be in the form of a public benefit corporation, it\nshall create each such public benefit corporation by executing and\nfiling with the secretary of state a certificate of incorporation, which\nmay be amended from time to time by filing, which shall set forth the\nname of such public benefit subsidiary corporation, its duration, the\nlocation of its principal office, and any or all of the purposes of\nacquiring, owning, leasing, establishing, constructing, effectuating,\noperating, maintaining, renovating, improving, extending or repairing\none or more facilities of the authority. Each such public benefit\nsubsidiary corporation shall be a body politic and corporate and shall\nhave all those powers vested in the authority by the provisions of this\ntitle which the authority shall determine to include in its certificate\nof incorporation except the power to contract indebtedness.\n  Whenever any state, political subdivision, municipality, commission,\nagency, officer, department, board, division or person is authorized and\nempowered for any of the purposes of this title to co-operate and enter\ninto agreements with the authority such state, political subdivision,\nmunicipality, commission, agency, officer, department, board, division\nor person shall have the same authorization and power for any of such\npurposes to co-operate and enter into agreements with a subsidiary\ncorporation of the authority.\n  6. Each of the authority and its subsidiaries, and the New York city\ntransit authority and its subsidiaries, in its own name or in the name\nof the state, may apply for and receive and accept grants of property,\nmoney and services and other assistance offered or made available to it\nby any person, government or agency, which it may use to meet capital or\noperating expenses and for any other use within the scope of its powers,\nand to negotiate for the same upon such terms and conditions as the\nrespective authority may determine to be necessary, convenient or\ndesirable.\n  6-a. Subject to the rights of the holders of any outstanding bonds,\nnotes or other obligations of the authority, New York city transit\nauthority and Triborough bridge and tunnel authority, and to facilitate\nthe efficient financial management of the authority, its subsidiary\ncorporations, New York city transit authority and its subsidiary\ncorporations, and Triborough bridge and tunnel authority (the\n"affiliated entities"), the authority may, and may permit and direct any\naffiliated entity to, transfer revenues, subsidies and other monies or\nsecurities to one or more funds or accounts of another affiliated entity\nfor use by such other affiliated entity, provided at the time of such\ntransfer it is reasonably anticipated that the monies and securities so\ntransferred will be reimbursed, repaid or otherwise provided for by the\nend of the next succeeding calendar year if reimbursement or repayment\nis required by law or by any agreement to which any of the affected\naffiliated entities is subject. Any revenues of an affiliated entity\nthat are transferred to another affiliated entity, which transfer was\nnot authorized by a provision of law other than this subdivision, shall\nbe considered to be required to be repaid to the affiliated entity which\nwas the source of such revenues by the end of the next succeeding\ncalendar year following such transfer.\n  7. The authority may lease railroad cars for use in its passenger\nservice pursuant to the provisions of chapter six hundred thirty-eight\nof the laws of nineteen hundred fifty-nine.\n  8. The authority may do all things it deems necessary, convenient or\ndesirable to manage, control and direct the maintenance and operation of\ntransportation facilities, equipment or real property operated by or\nunder contract, lease or other arrangement with the authority and its\nsubsidiaries, and New York city transit authority and its subsidiaries.\nExcept as hereinafter specially provided, no municipality or political\nsubdivision, including but not limited to a county, city, village, town\nor school or other district shall have jurisdiction over any facilities\nof the authority and its subsidiaries, and New York city transit\nauthority and its subsidiaries, or any of their activities or\noperations. The local laws, resolutions, ordinances, rules and\nregulations of a municipality or political subdivision, heretofore or\nhereafter adopted, conflicting with this title or any rule or regulation\nof the authority or its subsidiaries, or New York city transit authority\nor its subsidiaries, shall not be applicable to the activities or\noperations of the authority and its subsidiaries, and New York city\ntransit authority, or the facilities of the authority and its\nsubsidiaries, and New York city transit authority and its subsidiaries,\nexcept such facilities that are devoted to purposes other than\ntransportation or transit purposes. Each municipality or political\nsubdivision, including but not limited to a county, city, village, town\nor district in which any facilities of the authority or its\nsubsidiaries, or New York city transit authority or its subsidiaries are\nlocated shall provide for such facilities police, fire and health\nprotection services of the same character and to the same extent as\nthose provided for residents of such municipality or political\nsubdivision.\n  The jurisdiction, supervision, powers and duties of the department of\ntransportation of the state under the transportation law shall not\nextend to the authority in the exercise of any of its powers under this\ntitle. The authority may agree with such department for the execution by\nsuch department of any grade crossing elimination project or any grade\ncrossing separation reconstruction project along any railroad facility\noperated by the authority or by one of its subsidiary corporations or\nunder contract, lease or other arrangement with the authority. Any such\nproject shall be executed as provided in article ten of the\ntransportation law and the railroad law, respectively, and the costs of\nany such project shall be borne as provided in such laws, except that\nthe authority's share of such costs shall be borne by the state.\n  9. Upon approval by the commissioner of transportation of the state of\nNew York of detailed plans and specifications, which approval may be\nbased upon considerations of relative need and the timing of\nconstruction, the authority is authorized to design, construct,\nmaintain, operate, improve and reconstruct a highway bridge crossing\nLong Island sound, as follows:\n  (a) Upon (i) the enactment by the state of Connecticut of legislation\nhaving like effect as the provisions of this paragraph and the granting\nof the consent of the congress of the United States of America to the\ninterstate compact thereby created, and (ii) in conformity with\nrecommendations of the New York-Connecticut bi-state bridge study\ncommission, the authority is authorized, in cooperation with any duly\ndesignated agency or agencies of the state of Connecticut, to design,\nconstruct, maintain, operate, improve and reconstruct a highway bridge\ncrossing Long Island sound from a point in the vicinity of the city of\nBridgeport in the state of Connecticut to a point in the vicinity of the\nvillage of Port Jefferson in the state of New York, together with\napproaches to such bridge; and to contract from time to time with such\nagency or agencies of the state of Connecticut with respect to all\nmatters affecting these authorizations, including, without limitation,\nthe sharing of all capital, operational and maintenance expense (except\nthat the capital expense of the original construction of such bridge,\nother than the expense of acquiring the needed real property, shall be\nin the ratio of fifty per-centum for the authority and fifty per-centum\nfor such agency or agencies of the state of Connecticut), the manner and\nby whom the work of design, construction, reconstruction, improvement,\nmaintenance and operation is to be performed or contracted to others for\nperformance, the tolls, fees and other charges to be imposed from time\nto time for the use of such bridge, and the sharing of revenues derived\nfrom the imposition of such tolls, fees and charges (except that net\nrevenues remaining after deduction of operational and maintenance\nexpense of such bridge shall be in the ratio of fifty per-centum for the\nauthority and fifty per-centum for the state of Connecticut or for such\nagency or agencies of the state of Connecticut. Subject to the\nlimitations imposed upon the authority by the provisions of the said\ncontracts, that portion of the said bridge and its approaches situate\nand lying within the territorial boundaries of the state of New York\nshall be deemed a "transportation facility" of the authority for all the\npurposes of this title, but tolls, fees and other charges imposed for\nthe use of such bridge shall not be deemed to have been imposed "for the\ntransportation of passengers" within the intendment of subdivision three\nof this section.\n  (b) If funds are made available by the authority for the payment of\nthe cost and expense of the acquisition thereof, the commissioner of\ntransportation of the state of New York, when requested by the\nauthority, may acquire in the name of the state such real property lying\nwithin the territorial boundaries of the state as may be determined from\ntime to time by the authority to be necessary, convenient or desirable\nto carry out the authorizations set forth in paragraphs (a) and (b) of\nthis subdivision, may remove the owner or occupant thereof where\nnecessary and obtain possession and, when requested by the authority,\nmay dispose of any real property so acquired, all according to the\nprocedure provided in section thirty of the highway law. The authority\nshall have the right to possess and use for its corporate purposes all\nsuch real property so acquired, all according to the procedure provided\nin section thirty of the highway law. The authority shall have the right\nto possess and use for its corporate purposes all such real property so\nacquired. Claims for the value of the property appropriated and for\nlegal damages caused by any such appropriation shall be adjusted and\ndetermined by the commissioner of transportation with the approval of\nthe authority or by the court of claims as provided in section thirty of\nthe highway law. When a claim has been filed with the court of claims,\nthe claimant shall cause a copy of such claim to be served upon the\nauthority and the authority shall have the right to be represented and\nheard before such court. All awards and judgments arising from such\nclaims shall be paid out of moneys of the authority.\n  (c) The authority, acting independently or jointly or in cooperation\nwith such agency or agencies of the state of Connecticut, may also apply\nfor and accept, upon condition or otherwise, from the duly authorized\nagencies of the federal government, and of the governments of the states\nof Connecticut and New York, such underwater and overwater grants of\nreal property, licenses or permits as shall be necessary, convenient or\ndesirable to carry out the authorizations set forth in paragraphs (a)\nand (b) of this subdivision.\n  (d) The provisions of chapter four hundred forty-two of the laws of\nnineteen hundred sixty-five (and of any agreement entered into in\npursuance thereof) relating to the repayment of a loan made by the state\nto the authority for the purchase of the Long Island railroad shall be\ninapplicable to (i) the construction of such bridges and their\napproaches, (ii) bonds, notes or other obligations of the authority\nissued for or in connection with the financing of the cost of design,\nconstruction and reconstruction of such bridges and their approaches, or\nthe proceeds realized upon such issuance; and (iii) revenues derived\nfrom the investment of such proceeds or of any part thereof, and from\nthe imposition of tolls, fees or other charges for the use of such\nbridges.\n  10. Notwithstanding the provisions of any other law, general, special\nor local, or of any agreement entered into in pursuance thereof,\nrelating to the repayment of any loan or advance made by the state to\nthe authority or to the New York city transit authority, neither the\nauthority nor the New York city transit authority shall be required to\nrepay any such loan or advance heretofore made from or by reason of the\nissuance of bonds or notes of either of them or from the proceeds\nrealized upon such issuance or from any other funds received by either\nof them from any source whatever in aid or assistance of the project or\nprojects for the financing of which such bonds or notes are issued.\n  11. No project to be constructed upon real property theretofore used\nfor a transportation purpose, or on an insubstantial addition to such\nproperty contiguous thereto, which will not change in a material respect\nthe general character of such prior transportation use, nor any acts or\nactivities in connection with such project, shall be subject to the\nprovisions of article eight, nineteen, twenty-four or twenty-five of the\nenvironmental conservation law, or to any local law or ordinance adopted\npursuant to any such article. Nor shall any acts or activities taken or\nproposed to be taken by the authority or by any other person or entity,\npublic or private, in connection with the planning, design, acquisition,\nimprovement, construction, reconstruction or rehabilitation of a\ntransportation facility, other than a marine or aviation facility, be\nsubject to the provisions of article eight of the environmental\nconservation law, or to any local law or ordinance adopted pursuant to\nany such article if such acts or activities require the preparation of a\nstatement under or pursuant to any federal law or regulation as to the\nenvironmental impact thereof.\n  12. The authority may, upon suitable notice to and an offer to consult\nwith an officer designated by the city of New York, occupy the streets\nof the city of New York for the purpose of doing any work over or under\nthe same in connection with the improvement, construction,\nreconstruction or rehabilitation of a transportation facility without\nthe consent of or payment to such city.\n  * 12-a. (a) Whenever the authority determines in consultation with the\ncity of New York that it is necessary to obtain the temporary or\npermanent use, occupancy, control or possession of vacant or undeveloped\nor underutilized but replaceable real property, or any interest therein,\nor subsurface real property or any interest therein then owned by the\ncity of New York for a project in the two thousand fifteen to two\nthousand nineteen, two thousand twenty to two thousand twenty-four, or\ntwo thousand twenty-five to two thousand twenty-nine approved capital\nprograms in connection with (i) the installation of one or more\nelevators to make one or more subway stations more accessible, (ii) the\nconstruction or reconstruction of an electrical substation to increase\navailable power to the subway system to expand passenger capacity or\nreliability, (iii) the capital project to construct four commuter\nrailroad passenger stations in the borough of the Bronx known as Penn\nStation access, (iv) the Second Avenue Subway capital project, (v) the\nInterborough Express capital project, or (vi) the construction or\nreconstruction of signal or communication systems, the authority upon\napproval by the board of the metropolitan transportation authority and\nupon suitable notice and with the consent of the city of New York may\ncause the title to such real property, or any interest therein, to be\ntransferred to the authority by adding it to the agreement of lease\ndated June first, nineteen hundred fifty-three, as amended, renewed and\nsupplemented, authorized by section twelve hundred three of this\narticle, or may itself acquire title to such property from the city of\nNew York, and any such transfer or acquisition of real property shall be\nsubject to the provisions of subdivision five of section twelve hundred\nsixty-six-c of this title. Nothing in this subdivision shall be deemed\nto authorize any temporary or permanent transfer or acquisition of real\nproperty, or interest therein, that is dedicated parkland without\nseparate legislative approval of such alienation.\n  (b) (i) Upon the execution of any transfer or acquisition pursuant to\nthis subdivision, which shall be final upon the approval by the board of\nthe metropolitan transportation authority and consent of the city of New\nYork, the fair market value shall be determined pursuant to this\nparagraph. The authority shall make a written offer to pay to the city\nof New York the fair market value of the authority's use, occupancy,\ncontrol, possession or acquisition of such property. The offer by the\nauthority shall be based on an appraisal of the value of such property\nand a copy of such appraisal shall be included with the offer. Such\nappraisal shall be done by an independent New York state licensed or\ncertified appraiser, who may not be employed by the authority, selected\nat random from a panel of appraisers maintained by it for such purpose.\nSuch appraisal and a second appraisal, if required pursuant to\nsubparagraph (ii) of this paragraph, shall consider only the reasonably\nanticipated lawful use of the property and its zoning designation under\nthe zoning resolution of the city of New York at the time the authority\nnotified the city of New York of its determination to use, occupy,\ncontrol, possess or acquire such property.\n  (ii) Within thirty days of receipt of the offer by the authority, the\ncity of New York may accept it, agree with the authority on another\namount, or request a second appraisal by an independent New York state\nlicensed or certified appraiser, who may not be employed by the city of\nNew York, selected at random by the city of New York from a panel of\nappraisers maintained by it for such purpose. Such second appraisal\nshall be completed within thirty days. If the second appraisal produces\nan estimate of the fair market value of the property that is greater\nthan that of the first appraisal, the authority shall have ten days to\nincrease its offer to such higher amount, otherwise the two appraisers\nshall reconcile their valuations and agree on a final valuation within\nten days, which shall be an amount not less than the first appraisal nor\ngreater than the second appraisal.\n  (c) Nothing in this subdivision shall be construed to affect or limit\nthe authority's power under subdivision twelve of this section.\n  * NB Repealed December 31, 2030\n  13. The authority and each of its subsidiary corporations shall place\non each transformer and substation which contains polychlorinated\nbiphenyls (PCBs) a symbol so indicating the presence of PCBs. Use of a\nPCB mark illustrated in the rules and regulations promulgated pursuant\nto the federal Toxic Substances Control Act shall constitute compliance\nwith the provisions of this subdivision.\n  14. Notwithstanding any other provisions of law or the terms of any\ncontract, the authority, in consultation with the Long Island Rail Road,\nshall establish and implement a no fare program for transportation on\nthe Long Island Rail Road for police officers employed by the city of\nNew York, county of Nassau, Nassau county villages and cities, county of\nSuffolk, Suffolk county villages and towns, the division of state\npolice, the port authority of New York and New Jersey, the Metro-North\nCommuter Railroad Company, the New York city housing authority and the\nNew York city transit authority. In establishing such program, which has\nas its goal increased protection and improved safety for its commuters,\nthe authority and the Long Island Rail Road shall, among other things,\nconsider: (a) requiring police officers who ride without cost to\nregister with the Long Island Rail Road as a condition of riding without\ncost; (b) requiring such officers to indicate during such registration\nprocess their regular working hours and the Long Island Rail Road trains\nthat such officers expect to ride; and (c) periodically re-registering\nand re-validating such officers. The authority and the Long Island Rail\nRoad shall also have the power to consider other matters necessary to\ncarry out the goals and objectives of this section.\n  15. (a) Notwithstanding any other provisions of law or the terms of\nany contract, the authority, in consultation with the New York city\ntransit authority, the Long Island Rail Road and the Metro-North\nCommuter Railroad Company, shall establish and implement a no fare\nprogram for transportation on New York city transit authority systems,\nthe Long Island Rail Road and the Metro-North Commuter Railroad Company\nfor individuals serving as personal care attendants accompanying an\nAmericans With Disabilities Act paratransit eligible individual.\n  (b) In order to be eligible for such no fare program the personal care\nattendant must show his or her community based personal care attendant\nagency issued identification card.\n  (c) In order to be considered accompanying an Americans With\nDisabilities Act paratransit eligible individual the personal care\nattendant shall have the same origin and destination as such paratransit\neligible individual.\n  16. Notwithstanding any other provision of law, the authority and any\nof its subsidiary corporations shall establish and implement a half fare\nrate program for persons with serious mental illness who are eligible to\nreceive supplemental security income benefits as defined pursuant to\ntitle sixteen of the federal social security act and section two hundred\nnine of the social services law.\n  17. Notwithstanding any conflicting provisions of general, special or\nlocal law, and pursuant to the authority's 2000-2004 capital program\nplans approved by the metropolitan transportation authority capital\nprogram review board, the authority or any of its subsidiaries, the New\nYork city transit authority or any of its subsidiaries, or Triborough\nbridge and tunnel authority, shall provide, from funds identified in\nsuch approved 2000-2004 capital program plans, up to twelve million\ndollars for the financing of a bus and heavy duty vehicles emission\nresearch and testing facility and related equipment located in the state\nof New York, whether within or outside of the transportation district,\nwhich facility shall be operated by the department of environmental\nconservation and shall be available for use on a non-exclusive basis by\nthe authority and any of its subsidiaries, the New York city transit\nauthority and any of its subsidiaries, and Triborough bridge and tunnel\nauthority.\n  18. The authority shall conduct a campaign of public outreach to\ninform the public of the provisions pertaining to assault on employees\ndescribed in subdivision eleven of section 120.05 of the penal law.\n  19. In connection with their lawful responsibilities or functions, the\nauthority and its subsidiaries, including Metro-North Commuter Railroad,\nthe Long Island Rail Road, MTA bus and the Staten Island rapid transit\noperating authority, the Triborough bridge and tunnel authority, and the\nNew York city transit authority and its subsidiary the Manhattan and\nBronx surface transit operating authority, are authorized to request,\nreceive and review criminal history information through the division of\ncriminal justice services with respect to any person applying for a\nsafety sensitive position. When requested, such applicant shall submit\nto the authority or the requesting affiliate or subsidiary his or her\nfingerprints in such form and in such manner as specified by the\ndivision, for the purpose of conducting a criminal history search\nidentifying criminal convictions and pending criminal charges and\nreturning a report thereon in accordance with the procedures and\nrequirements established by the division pursuant to the provisions of\narticle thirty-five of the executive law, which shall include the\npayment of the reasonable prescribed processing fee for the cost of the\ndivision's full search and retention procedures and a national criminal\nhistory record check. The authority or requesting affiliate or\nsubsidiary shall submit such fingerprints and the processing fee to the\ndivision. The division shall forward to the authority or the requesting\naffiliate or subsidiary a report with respect to the applicant's\nprevious criminal history, if any, or a statement that the applicant has\nno previous criminal history according to its files. Fingerprints\nsubmitted to the division pursuant to this subdivision may also be\nsubmitted to the federal bureau of investigation for a national criminal\nhistory record check. If additional copies of fingerprints are required,\nthe applicant shall furnish them upon request. Upon receipt of such\ncriminal history information, the authority or the requesting affiliate\nor subsidiary shall provide such applicant with a copy of such criminal\nhistory information, together with a copy of article twenty-three-A of\nthe correction law, and inform such applicant of his or her right to\nseek correction of any incorrect information contained in such criminal\nhistory information pursuant to regulations and procedures established\nby the division of criminal justice services. The authority or the\nrequesting affiliate or subsidiary shall ensure that adequate notice be\nprovided to such applicant regarding the fact that state and national\ncriminal history record checks may be conducted. This provision shall\nnot preclude or alter the process by which a municipal civil service\ncommission obtains and provides background information pursuant to\nsubdivision four of section fifty of the civil service law relating to\napplicants for civil service appointments at the New York city transit\nauthority and the Triborough bridge and tunnel authority.\n
N.Y. SOS Law § 366-E — New York Code / Act SOS / Article 5 / Title 11 / Section 366-E
Certified home health agency medicare billing
Status: in_force

§ 366-e. Certified home health agency medicare billing. (a) Certified\nhome health agencies shall bill under title XVIII of the federal social\nsecurity act for services provided to all patients eligible for such\nprogram who, as defined by federal law and regulations, are: (i)\nhomebound; (ii) receiving skilled services; and (iii) are receiving such\nservices on an intermittent basis. The department, in consultation with\nthe department of health and representatives of certified home health\nagencies with demonstrated ability to maximize medicare revenue, may\npromulgate regulations to implement this subdivision. Nothing contained\nherein shall be construed to prohibit agencies from billing for medical\nassistance reimbursement for eligible services provided to such patients\nwhich are not covered under title XVIII of the federal social security\nact meeting the standards established by the department pursuant to this\nsection.  Patient cases that meet the criteria established pursuant to\nthis subdivision, where coverage has been denied under title XVIII of\nthe federal social security act for the cost of care provided by a\ncertified home health agency shall be referred by such agency to an\norganization pursuant to subdivision (b) of this section.\n  (b) The commissioner shall enter into agreements with persons or\nentities to provide for representation of persons meeting the criteria\nspecified in subdivision (a) of this section who have been denied\nreimbursement, under title XVIII of the federal social security act, for\nservices provided by a certified home health agency.\n
N.Y. PBA Law § 2985-A — New York Code / Act PBA / Article 9 / Title 11 / Section 2985-A
Payment of tolls under the tolls by mail program
Status: in_force

* § 2985-a. Payment of tolls under the tolls by mail program. 1. This\nsection shall not apply to the payment of tolls by means of an\nelectronic toll device that transmits information through an electronic\ntoll collection system as defined in subdivision twelve of section\ntwenty-nine hundred eighty-five of this title.\n  2. For purposes of this section, the following terms shall have the\nfollowing meanings:\n  (a) "Cashless tolling facility" shall mean a toll roadway, bridge or\ntunnel facility that does not provide for the immediate on-site payment\nin cash of a toll owed for the use of such facility.\n  (b) "Owner" shall mean any person, corporation, partnership, firm,\nagency, association, lessor or organization who, at the time of\nincurring an obligation to pay a toll at a cashless tolling facility,\nand with respect to the vehicle identified in the toll bill or notice of\nviolation: (i) is the beneficial or equitable owner of such vehicle; or\n(ii) has title to such vehicle; or (iii) is the registrant or\nco-registrant of such vehicle which is registered with the department of\nmotor vehicles of this state or any other state, territory, district,\nprovince, nation or other jurisdiction; or (iv) subject to the\nlimitations set forth in subdivision ten of section twenty-nine hundred\neighty-five of this title, uses such vehicle in its vehicle renting\nand/or leasing business; or (v) is a person entitled to the use and\npossession of a vehicle subject to a security interest in another\nperson.\n  (c) "Toll bill" shall mean a notice sent to an owner notifying such\nowner that the owner's vehicle has been used or operated in or upon a\ncashless tolling facility and the owner has incurred an obligation to\npay a toll.\n  (d) "Notice of violation" shall mean a notice sent to an owner\nnotifying such owner that a toll incurred at a cashless tolling facility\nby the owner has not been paid at the place and time and in the manner\nestablished for collection of such toll in the toll bill and that an\nadministrative violation fee is being imposed for each such unpaid toll.\n  (e) "Billing cycle" shall mean a period not to exceed thirty calendar\ndays once tolls have posted for purposes of consolidated toll billing.\n  (f) "Initial billing cycle" shall mean a period not to exceed fifteen\nbusiness days after identifying the owner or other party responsible for\npaying the toll for the purpose of consolidated toll billing for an\nobligation to pay a toll bill for the first time at a cashless tolling\nfacility in a six-month period.\n  (g) "Tolls by mail program" shall mean any program operated by or on\nbehalf of a public authority to send a toll bill to an owner whose\nvehicle crosses a cashless tolling facility without a valid electronic\ndevice that successfully transmits information through an electronic\ntoll collection system as defined in subdivision twelve of section\ntwenty-nine hundred eighty-five of this title.\n  (h) "Declaration of dispute" shall mean a submission by an owner\ndisputing all or any portion of a toll, fee, penalty, or other\nobligation incurred by an owner whose vehicle crosses a cashless tolling\nfacility, in such form as the public authority shall provide in\nregulations and through display on the authority's website.\n  3. In the case of an owner who incurs an obligation to pay a toll for\nthe first time in six months under the tolls by mail program at a\ncashless tolling facility, a toll bill shall be sent within ten business\ndays after the end of the initial billing cycle and of each subsequent\nbilling cycle. In the case of all other owners incurring an obligation\nto pay a toll at a cashless tolling facility, a toll bill shall be sent\nat the end of the next billing cycle. Toll bills shall be sent to the\nowner by first class mail, and may additionally be sent by electronic\nmeans of communication upon the affirmative consent of the owner, by or\non behalf of the public authority which operates such cashless tolling\nfacility. The owner shall have thirty days from the date of the toll\nbill to pay the incurred toll. The toll bill shall include: (i) the\ntotal amount of the incurred tolls due, (ii) the date by which payment\nof the incurred tolls is due, (iii) any administrative fees, (iv) the\naddress for receipt of payment and methods of payment for the toll, (v)\nthe procedure for contesting any toll and the contact information for\nthe relevant toll payer advocate office and customer service center,\n(vi) information related to the failure to timely pay or respond to the\nnotice of liability, in addition to the possibility that a judgment can\nbe entered for repeat unpaid liabilities that could lead to a vehicle\nbeing towed or immobilized, (vii) a website address or hyperlink for the\nowner to access time-stamped photographs or footage of each toll\nincurred by electronic means, (viii) information related to the\navailability of the toll payer advocate to discuss payment options, and\n(ix) other information required by law or by the public authority. Each\ntoll bill shall identify the date, time, location, license plate number,\nand jurisdiction of the license plate for each toll that has been\nincurred. Each toll bill shall include an image of the license plate of\nthe vehicle being used or operated on the toll facility. If the owner\nfails to pay the initial toll bill, a second toll bill shall be sent in\nthe next billing cycle, which shall also indicate the overdue toll or\ntolls and any administrative or late fees due.\n  4. In the case of an owner who does not pay a toll incurred under the\ntolls by mail program on a cashless facility at the place and time and\nin the manner established for collection of such toll in the second toll\nbill, a notice of violation shall be sent notifying the owner that the\ntoll is unpaid and administrative violation fees are being imposed. The\nnotice of violation shall be sent to the owner by first class mail, and\nmay additionally be sent by electronic means of communication upon the\naffirmative consent of the owner, by or on behalf of the public\nauthority which operates such cashless tolling facility. The notice of\nviolation shall include: (i) the total amount of unpaid tolls and\nadministrative violation fees due, (ii) the date by which payment of the\ntolls and administrative violation fees is due, (iii) the address for\nreceipt of payment and methods of payment for the toll, (iv) the\nprocedure for contesting any toll and the contact information for the\nrelevant toll payer advocate office and customer service center, (v)\ninformation related to the failure to timely pay or respond to the\nnotice of liability, in addition to the possibility that a judgment can\nbe entered for repeat unpaid liabilities that could lead to a vehicle\nbeing towed or immobilized, (vi) a website address or hyperlink for the\nowner to access time-stamped photographs or footage of each toll\nincurred by electronic means, (vii) information related to the\navailability of the toll payer advocate to discuss payment options, and\n(viii) other information required by law or by the public authority.\nEach notice of violation shall identify the date, time, location,\nlicense plate number, and jurisdiction of the license plate for each\nunpaid toll that has been incurred.\n  5. Any fee or administrative violation fee that is assessed on a\nnotice of violation pursuant to subdivision four of this section shall\nbe dismissed if the notice of violation was not sent within ninety days\nof the second toll bill, provided that any toll or tolls incurred remain\ndue and payable and provided further that such dismissal shall not apply\nin the event that exceptional circumstances, including but not limited\nto technological failures, have delayed the timely mailing of the notice\nof violation and the public authority has posted notice of such\ncircumstances prominently on its website within a reasonable time of\nbecoming aware of such circumstances, which shall be adequate record of\nsuch circumstances.\n  6. Any toll bill or notice of violation required to be sent pursuant\nto this section by first class mail may also be sent, with consent of\nthe owner, by electronic means of communication by or on behalf of the\npublic authority. It shall be the sole responsibility of the owner to\nprovide and update the address used for electronic means of\ncommunication to the owner by the public authority. A manual or\nautomatic record of electronic communications prepared in the ordinary\ncourse of business shall be adequate record of electronic notice.\n  7. Any owner who incurs an obligation to pay a toll under the tolls by\nmail program at a public authority's cashless tolling facility shall\nhave an option to receive alerts by electronic means of communication\nthat a toll has been incurred. Such alerts shall be provided to the\nowner who has elected to receive such alerts no more than seventy-two\nhours after the owner is identified. Each public authority shall create\nan online registration for an electronic means of communication alert\nthat a toll has been incurred under the tolls by mail program at a\ncashless tolling facility. In the event an owner chooses to receive an\nelectronic means of communication alert of a toll incurred, it shall be\nthe owner's sole responsibility to provide and update any mobile\nnumbers, electronic mail addresses, or any other addresses used for\nelectronic means of communication to which alerts are sent. A manual or\nautomatic record of electronic communications prepared in the ordinary\ncourse of business shall be adequate record of electronic notice.\n  8. If an owner receives a notice of violation pursuant to this section\nfor any time period during which the vehicle was reported to the police\ndepartment as having been stolen, it shall be a valid defense to an\nallegation of liability for a violation of toll collection regulations\nthat the vehicle had been reported to the police as stolen prior to the\ntime the violation occurred and had not been recovered by such time. If\nan owner receives a notice of violation pursuant to this section for any\ntime period during which the vehicle was stolen, but not as yet reported\nto the police as having been stolen, it shall be a valid defense to an\nallegation of liability for a violation of toll collection regulations\npursuant to this section that the vehicle was reported as stolen within\ntwo hours after the discovery of the theft by the owner. For purposes of\nasserting the defense provided by this subdivision it shall be\nsufficient that a certified copy of the police report on the stolen\nvehicle be sent by first class mail to the court or other entity having\njurisdiction.\n  9. An owner who is a lessor of a vehicle to which a notice of\nviolation was issued pursuant to subdivision four of this section shall\nnot be liable for the violation of the toll collection regulations\nprovided the owner sends to the public authority serving the notice of\nviolation and to the court or other entity having jurisdiction a copy of\nthe rental, lease or other such contract document covering such vehicle\non the date of the violation, with the name and address of the lessee\nclearly legible, within thirty days after receiving the original notice\nof violation. Failure to send such information within such thirty-day\ntime period shall render the lessor liable for the penalty prescribed by\nthis section. Where the lessor complies with the provisions of this\nsubdivision, the lessee of such vehicle on the date of such violation\nshall be deemed to be the owner of such vehicle for purposes of this\nsection and shall be subject to liability for the violation of the toll\ncollection regulations, provided that the public authority mails a\nnotice of violation to the lessee within ten business days after the\npublic authority deems the lessee to be the owner. For purposes of this\nsubdivision the term "lessor" shall mean any person, corporation, firm,\npartnership, agency, association or organization engaged in the business\nof renting or leasing vehicles to any lessee under a rental agreement,\nlease or otherwise wherein the said lessee has the exclusive use of said\nvehicle for any period of time. For purposes of this subdivision, the\nterm "lessee" shall mean any person, corporation, firm, partnership,\nagency, association or organization that rents, leases or contracts for\nthe use of one or more vehicles and has exclusive use thereof for any\nperiod of time.\n  10. Except as provided in subdivision nine of this section, if a\nperson receives a notice of violation pursuant to this section it shall\nbe a valid defense to an allegation of liability for a violation of toll\ncollection regulations that the individual who received the notice of\nviolation pursuant to this section was not the owner of the vehicle at\nthe time the violation occurred. If the owner liable for a violation of\ntoll collection regulations pursuant to this section was not the\noperator of the vehicle at the time of the violation, the owner may\nmaintain an action for indemnification against the operator.\n  11. Any public authority that operates a cashless tolling facility\nshall: (i) maintain a website and toll-free phone number for any person\nto receive updated information on any tolls or fees which are\noutstanding; and (ii) establish procedures for owners to dispute any\ntolls and violation fees incurred in connection with toll bills,\nincluding a requirement that written determinations in such disputes\nshall be issued within forty-five days of receipt of the owner's\ndeclaration of dispute. Such information shall be prominently displayed\non such public authority's toll bills, notices of violation and website.\n  12. Every public authority that operates a cashless tolling facility\nshall develop policies and procedures for the establishment on a\ncase-by-case basis of a written payment plan agreement for an owner's\nunpaid tolls and administrative violation fees incurred at a cashless\ntolling facility, subject to the availability of sufficient resources\nfor the public authority to administer such payment plans. Information\nrelated to payment plans shall be made available upon the owner's\nrequest to the public authority's customer service center. The public\nauthority shall not charge any additional amount or fee for enrollment\nin a payment plan agreement. Owners shall fully comply with all payment\nplan agreement terms and conditions and shall be subject to payment plan\nagreement default provisions.\n  13. Every public authority that operates a cashless tolling facility\nshall establish an office of such authority's toll payer advocate,\ndesigned to further assist owners who remain unsatisfied after first\nattempting resolution in writing of their concern with, and receiving\nwritten determination from, such authority's customer service center.\nThe office of the toll payer advocate shall also endeavor to identify\nany systemic issues and recommend reasonable improvements regarding the\nuse of and process involved with the payment of tolls under the tolls by\nmail program at cashless tolling facilities to the public authority.\n  14. A public authority that operates a cashless tolling facility,\nincluding the officers, employees, contractors and agents of such public\nauthority, shall not report to a consumer reporting agency, as defined\nin 15 U.S.C. § 1681a, any toll, fee, penalty or other obligation\nincurred by an owner related to use of a cashless tolling facility.\n  15. Nothing in this section shall prohibit a public authority from\ncollecting any toll or fee in the event that an owner does not properly\nregister a vehicle pursuant to the laws, rules and regulations of this\nstate, or any other state, territory, district, province, nation or\nother jurisdiction.\n  16. Nothing in this section shall require a public authority to\nperform any action or forbear from performing any action that would in\nthe public authority's sole discretion impair any covenant with the\nholders of any of the public authority's bonds, notes or other\nobligations.\n  * NB Effective provided that the state of New Jersey has enacted\nlegislation having an identical effect (see chapter 56 of 2024, Part WW\nSubpart B)\n
N.Y. PBA Law § 1270-J — New York Code / Act PBA / Article 5 / Title 11 / Section 1270-J
Metropolitan transportation authority commercial gaming revenue fund
Status: in_force

§ 1270-j. Metropolitan transportation authority commercial gaming\nrevenue fund. 1. The authority shall establish a fund to be known as the\n"metropolitan transportation authority commercial gaming revenue fund"\nwhich shall be kept separate from and shall not be commingled with any\nother moneys of the authority.\n  2. The gaming commission shall deposit into the metropolitan\ntransportation authority commercial gaming revenue fund, without\nappropriation, the revenue including taxes collected in accordance with\nthe relevant provisions of paragraphs (b), (c), (d) and (e) of\nsubdivision one of section thirteen hundred fifty-two of the racing,\npari-mutuel wagering and breeding law and licensing fees collected in\naccordance with the relevant provisions of subdivision three of section\nthirteen hundred twenty-one-e of the racing, pari-mutuel wagering and\nbreeding law.\n  3. Moneys in the fund may be used by the authority for payment of\noperating costs of or for the authority, the New York city transit\nauthority and their subsidiaries as the authority shall determine,\nincluding debt service. Monies in the fund shall not be pledged to\nsecure bonds, notes or other obligations of the authority, the New York\ncity transit authority and their subsidiaries.\n  4. Nothing contained in this section shall be deemed to restrict the\nright of the State to amend, repeal, modify or otherwise alter statutes\nimposing or relating to the taxes, interest and penalties, fees and\ncharges producing revenues for deposit in the metropolitan\ntransportation authority commercial gaming revenue fund or, if\napplicable, any appropriations relating thereto.\n
N.Y. PBA Law § 1953 — New York Code / Act PBA / Article 8 / Title 11 / Section 1953
Purpose and powers of the authority
Status: in_force

§ 1953. Purpose and powers of the authority.  The purposes of the\nauthority shall be to promote, develop, encourage and assist in the\nacquiring, constructing, reconstructing, improving, maintaining,\nequipping and furnishing industrial, manufacturing, warehouse,\ncommercial and research facilities including industrial pollution\ncontrol facilities, transportation facilities including but not limited\nto those relating to water, highway, rail and air, in one or more areas\nof the city, particularly but not exclusively at the site of what was\nformerly the Troy airport including an airstrip or airport located in\nthe southern section of the city and thereby advance the job\nopportunities, health, general prosperity and economic welfare of the\npeople of said city and to improve their standard of living; provided,\nhowever, that the authority shall not undertake any project if the\ncompletion thereof would result in the removal of an industrial or\nmanufacturing plant of the project occupant from one area of the state\nto another area of the state or in the abandonment of one or more plants\nor facilities of the project applicant located within the state,\nprovided, however, that neither restriction shall apply if the authority\nshall determine on the basis of the application before it that the\nproject is reasonably necessary to discourage the project occupant from\nremoving such other plant or facility to a location outside the state or\nis reasonably necessary to preserve the competitive position of the\nproject occupant in its respective industry. Except as otherwise\nprovided for in this section, no financial assistance of the authority\nshall be provided in respect of any project where facilities or property\nthat are primarily used in making retail sales to customers who\npersonally visit such facilities constitute more than one-third of the\ntotal project cost. For the purposes of this article, "retail sales"\nshall mean: (i) sales by a registered vendor under article twenty-eight\nof the tax law primarily engaged in the retail sale of tangible personal\nproperty, as defined in subparagraph (i) of paragraph four of\nsubdivision (b) of section eleven hundred one of the tax law; or (ii)\nsales of a service to such customers. Except, however, that tourism\ndestination projects shall not be prohibited by this paragraph. For the\npurpose of this paragraph, "tourism destination" shall mean a location\nor facility which is likely to attract a significant number of visitors\nfrom outside the economic development region as established by section\ntwo hundred thirty of the economic development law in which the project\nis located.\n  Notwithstanding the provisions of this section to the contrary, such\nfinancial assistance may, however, be provided to a project where\nfacilities or property that are primarily used in making retail sales of\ngoods or services to customers who personally visit such facilities to\nobtain such goods or services constitute more than one-third of the\ntotal project cost, where: (i) the predominant purpose of the project\nwould be to make available goods or services which would not, but for\nthe project, be reasonably accessible to the residents of the city of\nTroy because of a lack of reasonably accessible retail trade facilities\noffering such goods or services; or (ii) the project is located in a\nhighly distressed area. With respect to projects authorized pursuant to\nthis paragraph no project shall be approved unless the authority shall\nfind after the public hearing required by section twenty-three hundred\nseven of this chapter that undertaking the project will serve the public\npurposes of this article by preserving permanent, private sector jobs or\nincreasing the overall number of permanent, private sector jobs in the\nstate. Where the authority makes such a finding, prior to providing\nfinancial assistance to the project by the authority, the chief\nexecutive officer of the city of Troy shall confirm the proposed action\nof the authority. To carry out said purposes, the authority shall have\npower:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, hold and dispose of personal property for its corporate\npurpose;\n  4. To acquire by purchase, grant, lease, gift, condemnation, or\notherwise and to use, real property or rights or easements therein\nnecessary for its corporate purposes, and to sell, convey, mortgage,\nlease, pledge, exchange or otherwise dispose of any such property in\nsuch manner as the authority shall determine. With respect to real\nproperty conveyed to it by the city, however, such power of disposition\nshall be limited as hereinafter provided in section nineteen hundred\nfifty-five of this title;\n  5. To make by-laws for the management and regulation of its affairs\nand, subject to agreements with its bondholders, for the regulation of\nthe use of the project;\n  6. With the consent of the city, to use agents, employees and\nfacilities of the city, paying the city its agreed proportion of the\ncompensation or costs;\n  7. To appoint officers, agents and employees, to prescribe their\nqualifications and to fix their compensation and to pay the same out of\nfunds of the authority, subject, however, to the provisions of the civil\nservice law as hereinafter provided in section nineteen hundred\nfifty-four of this title;\n  8. To appoint an attorney, who may be the corporation counsel of the\ncity, and to fix the attorney's compensation for services which shall be\npayable to the attorney, and to retain and employ private consultants\nfor professional and technical assistance and advice; provided that an\nattorney acting as bond counsel for a project must file with the\nauthority a written statement in which the attorney identifies each\nparty to the transaction which such attorney represents. If bond counsel\nprovides any legal services to parties other than the authority, the\nwritten statement must describe the nature of legal services provided by\nsuch bond counsel to all parties to the transaction, including the\nnature of the services provided to the authority;\n  9. To make contracts and leases upon such terms as the authority shall\ndeem appropriate, including without limitation leases which grant the\ntenant of a project an option to renew or an option to purchase the\nproject, or both, at a fixed or otherwise predetermined price and to\nexecute all instruments necessary or convenient;\n  10. To acquire, construct, reconstruct, lease, improve, maintain,\nequip or furnish one or more projects;\n  11. To accept gifts, grants, loans or contributions from, and enter\ninto contracts or other transactions with, the United States and the\nstate or any agency of either of them, any municipality, any public or\nprivate corporation or any other legal entity, and to use any such\ngifts, grants, loans or contributions for any of its corporate purposes;\n  12. To borrow money and to issue bonds and to provide for the rights\nof the holders thereof;\n  13. To designate the depositories of its money either within or\nwithout the state of New York;\n  14. To enter into agreements requiring payments in lieu of taxes. Such\nagreements shall be in writing and in addition to other terms shall\ncontain: the amount due annually to each affected tax jurisdiction (or a\nformula by which the amount due can be calculated), the name and address\nof the person, office or agency to which payment shall be delivered, the\ndate on which payment shall be made, and the date on which payment shall\nbe considered delinquent if not paid. Unless otherwise agreed by the\naffected tax jurisdictions, any such agreement shall provide that\npayments in lieu of taxes shall be allocated among affected tax\njurisdictions in proportion to the amount of real property tax and other\ntaxes which would have been received by each affected tax jurisdiction\nhad the project not been tax exempt due to the status of the authority\ninvolved in the project. A copy of any such agreement shall be delivered\nto each affected tax jurisdiction within fifteen days of signing the\nagreement. In the absence of any such written agreement, payments in\nlieu of taxes made by an agency shall be allocated in the same\nproportions as they had been prior to January first, nineteen hundred\nninety-three for so long as the authority's activities render a project\nnon-taxable by affected tax jurisdictions. A notification of the\nexpiration of such agreement shall be delivered to the affected tax\njurisdiction two years prior to the expiration of such agreement and\nimmediately upon early termination of an agreement;\n  15. To establish and reestablish its fiscal year; and\n  16. To do all things necessary or convenient to carry out its purposes\nand exercise the powers expressly given in this title.\n
N.Y. ENV Law § 71-1111 — New York Code / Act ENV / Article 71 / Title 11 / Section 71-1111
Enforcement of subdivision 3 of section 15-0511
Status: in_force

§ 71-1111. Enforcement of subdivision 3 of section 15-0511.\n  Any person or local public corporation violating subdivision 3 of\nsection 15-0511 may be liable for a penalty not to exceed five thousand\ndollars for each and every offense; every violation of an order referred\nto in such subdivision shall be a separate and distinct offense; and in\ncase of a continuing violation, every day's continuance thereof shall be\ndeemed a separate and distinct offense.\n
N.Y. VAT Law § 2401 — New York Code / Act VAT / Title 11 / Article 48-C / Section 2401
Definitions
Status: in_force

§ 2401. Definitions. As used in this article, unless the context\nrequires otherwise:\n  1. "Governmental agency" means any agency of the state of New York and\nall municipalities within the state.\n  2. "All terrain vehicle" or "ATV" means an all terrain vehicle or ATV\nas defined in section twenty-two hundred eighty-one of this chapter.\n  3. "Owner" means any person having a title to an ATV. If an ATV is\nsold under a contract of conditional sale whereby the title remains in\nthe vendor, such vendor or his assignee shall not, after delivery of\nsuch ATV, be deemed an owner within the provisions of this section, but\nthe vendee or his assignee, upon receipt of possession thereof, shall be\ndeemed such owner notwithstanding the terms of such contract, until the\nvendor or his assignee shall retake possession. A person holding only a\nsecurity interest in an ATV shall not be deemed an owner unless such\nperson also has possession of such ATV.\n  4. "Operate" means to ride in or on, other than as a passenger, or use\nor control the operation of an ATV in any manner, whether or not said\nATV is under way.\n  5. "Operator" means every person who operates or is in actual physical\ncontrol of an ATV.\n  6. "Special event" shall mean an organized rally, race, exhibition or\ndemonstration of limited duration which is conducted according to a\nprearranged schedule and in which general public interest is manifested.\n  7. "Authorized emergency ATV" shall mean an ATV designated as such in\nwriting by the chief executive officer of any duly organized volunteer\nambulance company, fire department, or paid fire department, operated by\na member thereof and equipped with emergency lights as provided in\nsection twenty-four hundred six of this article.\n  8. "Authorized police ATV" shall mean an ATV operated by a police or\nother peace officer while engaged in the performance of his official\nduties within the area of his territorial jurisdiction.\n  9. "Authorized civil defense ATV" shall mean an ATV designated as such\nin writing by the chief executive officer of a municipality and operated\nby a member of a civil defense organization of the municipality and\nequipped with emergency lights as provided in section twenty-four\nhundred six of this article.\n  10. "Operation as emergency vehicle" shall mean the operation or\nparking of an authorized emergency ATV, police or civil defense ATV,\nincluding attendant equipment, displaying emergency lights as provided\nin section twenty-four hundred six of this article and which ATV is\nengaged in transporting a sick or injured person to the nearest medical\nfacility or appropriate site for transfer to an ambulance as defined in\narticle thirty of the public health law, transporting emergency medical\nservices, personnel and equipment to sick or injured persons, pursuing\nan actual or suspected violator of the law or responding to, or working\nor assisting at the scene of an accident, disaster, police call, alarm\nor other emergency but shall not include returning from such service.\n
N.Y. SOS Law § 367-F — New York Code / Act SOS / Article 5 / Title 11 / Section 367-F
Partnership for long term care program
Status: in_force

§ 367-f. Partnership for long term care program. 1. Definitions. As\nused in this section: (a) "Medicaid extended coverage" shall mean\neligibility for medical assistance (i) without regard to the resource\nrequirements of section three hundred sixty-six of this title, or in the\ncase of an individual covered under an insurance policy or certificate\ndescribed in subdivision two of this section that provided a residential\nhealth care facility benefit less than two years in duration, without\nconsideration of an amount of resources equivalent to the value of\nbenefits received by the individual under such policy or certificate, as\ndetermined under the rules of the partnership for long-term care\nprogram; (ii) without regard to the recovery of medical assistance from\nthe estates of individuals and the imposition of liens on the homes of\npersons pursuant to section three hundred sixty-nine of this title, with\nrespect to resources exempt from consideration pursuant to subparagraph\n(i) of this paragraph; provided, however, that nothing in this section\nshall prevent the imposition of a lien or recovery against property of\nan individual on account of medical assistance incorrectly paid; and\n(iii) based on an income eligibility standard for married couples equal\nto the amount of the minimum monthly maintenance needs allowance defined\nin paragraph (h) of subdivision two of section three hundred sixty-six-c\nof this title, and for single individuals equal to one-half of such\namount; provided, however, that the commissioner of health shall not be\nrequired to implement the provisions of this subparagraph if the use of\nsuch income eligibility standards will result in a loss of federal\nfinancial participation in the costs of Medicaid extended coverage\nfurnished in accordance with subparagraphs (i) and (ii) of this\nparagraph.\n  (b) "Long term care services" shall include, but not be limited to\ncare, treatment, maintenance, and services: provided in a nursing\nfacility licensed under article twenty-eight of the public health law;\nprovided by a home care services agency, certified home health agency or\nlong term home health care program, as defined in section thirty-six\nhundred two of the public health law; provided by an adult day health\ncare program in accordance with regulations of the department of health;\nor provided by a personal care provider licensed or regulated by any\nother state or local agency; and such other services for which medical\nassistance is otherwise available under this chapter which are\ndesignated as long term care services in law or regulations of the\ndepartment of health.\n  2. Notwithstanding any inconsistent provision of this chapter or any\nother law to the contrary, the partnership for long term care program\nshall provide Medicaid extended coverage to a person receiving long term\ncare services if there is federal participation pursuant to such\ntreatment and such person: (a) is or was covered by an insurance policy\nor certificate providing coverage for long term care which meets the\napplicable minimum benefit standards of the superintendent of financial\nservices and other requirements for approval of participation under the\nprogram; and, (b) has exhausted the coverage and benefits as required by\nthe program.\n  3. Notwithstanding any inconsistent provision of this chapter or any\nother law to the contrary, the commissioner of health, in consultation\nwith the superintendent of financial services and the director of the\nbudget, may enter into reciprocal agreements with other states which\nadminister partnership for long term care programs under which\npurchasers of policies in those states with comparable benefits to\npolicies available in this state shall be eligible for Medicaid extended\ncoverage in this state so long as purchasers of policies in this state\nwith comparable benefits to policies available in such state or states\nshall be eligible for Medicaid extended coverage in such state or\nstates.\n
N.Y. PBA Law § 1277-A — New York Code / Act PBA / Article 5 / Title 11 / Section 1277-A
Transfer and receipt of surplus funds
Status: in_force

§ 1277-a. Transfer and receipt of surplus funds. Notwithstanding any\nprovision of this title or any other provision of law, general, special\nor local, the authority may from time to time transfer and pay over to\nNew York city transit authority or triborough bridge and tunnel\nauthority all or any part of its surplus funds; and may accept and use\nany moneys transferred and paid over to it by New York city transit\nauthority or triborough bridge and tunnel authority.\n
N.Y. PBA Law § 1299-HH — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-HH
Special powers of the authority
Status: in_force

§ 1299-hh. Special powers of the authority. In order to effectuate the\npurposes of this title: 1. The authority may acquire, by purchase, gift,\ngrant, transfer, contract or lease, or condemnation, any transportation\nfacility, including port or related facilities wholly or partially\nwithin the Rochester-Genesee regional transportation district or any\npart thereof, or the use thereof, and may enter into any joint service\narrangements as hereinafter provided. Any such acquisition or joint\nservice arrangement shall be authorized only by resolution of the\nauthority approved by not less than a majority vote of the authority.\n  2. The authority may on such terms and conditions as the authority may\ndetermine necessary, convenient or desirable itself establish,\nconstruct, effectuate, operate, maintain, renovate, improve, extend or\nrepair any such transportation facility, or may provide for such\nestablishment, construction, effectuation, operation, maintenance,\nrenovation, improvement, extension or repair by contract, lease, or\nother arrangement on such terms as the authority may deem necessary,\nconvenient or desirable with any person, including but not limited to\nany common carrier or freight forwarder, the state, any state agency,\nthe federal government, any other state or agency or instrumentality\nthereof, any public authority of this or any other state or any\npolitical subdivision or municipality of the state. In connection with\nthe operation of any such transportation facility, the authority may\nestablish, construct, effectuate, operate, maintain, renovate, improve,\nextend or repair or may provide by contract, lease or other arrangement\nfor the establishment, construction, effectuation, operation,\nmaintenance, renovation, improvement, extension or repair of any related\nservices and activities it deems necessary, convenient or desirable,\nincluding but not limited to the transportation and storage of freight\nand the United States mail, feeder and connecting transportation,\nparking areas, transportation centers, ports, stations and related\nfacilities.\n  3. The authority may establish, levy and collect or cause to be\nestablished, levied and collected and, in the case of a joint service\narrangement, join with others in the establishment, levy and collection\nof such fares, tolls, rentals, rates, charges and other fees as it may\ndeem necessary, convenient or desirable for the use and operation of any\ntransportation facility and related services operated by the authority\nor by a subsidiary corporation of the authority or under contract, lease\nor other arrangement, including joint service arrangements, with the\nauthority. Any such fares, tolls, rentals, rates, charges or other fees\nfor the transportation of passengers shall be established and changed\nonly if approved by resolution of the authority adopted by not less than\na majority vote of the authority and only after a public hearing,\nprovided however, that fares, tolls, rentals, rates, charges or other\nfees for the transportation of passengers on any transportation facility\nwhich are in effect at the time that the then owner of such\ntransportation facility becomes a subsidiary corporation of the\nauthority or at the time that operation of such transportation facility\nis commenced by the authority or is commenced under contract, lease or\nother arrangement including joint service arrangements, with the\nauthority may be continued in effect without such a hearing. Such fares,\ntolls, rentals, rates, charges and other fees shall be established as\nmay in the judgment of the authority be necessary to maintain the\ncombined operations of the authority and its subsidiary corporations on\na self-sustaining basis. The said operations shall be deemed to be on a\nself-sustaining basis as required by this title, when the authority is\nable to pay or cause to be paid from revenue and any other funds or\nproperty actually available to the authority and its subsidiary\ncorporations (a) as the same shall become due, the principal of and\ninterest on the bonds and notes and other obligations of the authority\nand of such subsidiary corporations, together with the maintenance of\nproper reserves therefor, (b) the cost and expense of keeping the\nproperties and assets of the authority and its subsidiary corporations\nin good condition and repair, and (c) the capital and operating expenses\nof the authority and its subsidiary corporations. The authority may\ncontract with the holders of bonds and notes with respect to the\nexercise of the powers authorized by this section.\n  4. The authority may establish and, in the case of joint service\narrangements, join with others in the establishment of such schedules\nand standards of operations and such other rules and regulations\nincluding but not limited to rules and regulations governing the conduct\nand safety of the public as it may deem necessary, convenient or\ndesirable for the use and operation of any transportation facility and\nrelated services operated by the authority or under contract, lease or\nother arrangement, including joint service arrangements, with the\nauthority. Such rules and regulations governing the conduct and safety\nof the public shall be filed with the department of state in the manner\nprovided by section one hundred two of the executive law. In the case of\nany conflict between any such rule or regulation of the authority\ngoverning the conduct or safety of the public and any local law,\nordinance, rule or regulation, such rule or regulation of the authority\nshall prevail. Violation of any such rule or regulation of the authority\ngoverning the conduct or the safety of the public in or upon any\nfacility of the authority shall constitute an offense and shall be\npunishable by a fine not exceeding fifty dollars or imprisonment for not\nmore than thirty days or both.\n  5. The authority may acquire, hold, own, lease, establish, construct,\neffectuate, operate, maintain, renovate, improve, extend or repair any\nof its facilities through, and cause any one or more of its powers,\nduties, functions or activities to be exercised or performed by, one or\nmore wholly owned subsidiary corporations of the authority and may\ntransfer to or from any such corporation any moneys, real property or\nother property for any of the purposes of this title. The directors or\nmembers of each such subsidiary corporation shall be the same persons\nholding the offices of members of the authority. Each such subsidiary\ncorporation and any of its property, functions and activities shall have\nall of the privileges, immunities, tax exemptions and other exemptions\nof the authority and of the authority's property, functions and\nactivities. Each such subsidiary corporation shall be subject to the\nrestrictions and limitations to which the authority may be subject. Each\nsuch subsidiary corporation shall be subject to suit in accordance with\nsection twelve hundred ninety-nine-qq of this title.  The employees of\nany such subsidiary corporation, except those who are also employees of\nthe authority, shall not be deemed employees of the authority.\n  If the authority shall determine that one or more of its subsidiary\ncorporations should be in the form of a public benefit corporation, it\nshall create each such public benefit corporation by executing and\nfiling with the secretary of state a certificate of incorporation, which\nmay be amended from time to time by filing, which shall set forth the\nname of such public benefit subsidiary corporation, its duration, the\nlocation of its principal office, and any or all of the purposes of\nacquiring, owning, leasing, establishing, constructing, effectuating,\noperating, maintaining, renovating, improving, extending or repairing\none or more facilities of the authority. Each such public benefit\nsubsidiary corporation shall be a body politic and corporate and shall\nhave all those powers vested in the authority by the provisions of this\ntitle which the authority shall determine to include in its certificate\nof incorporation except the power to contract indebtedness.\n  Whenever any state, political subdivision, municipality, commission,\nagency, officer, department, board, division or person is authorized and\nempowered for any of the purposes of this title to co-operate and enter\ninto agreements with the authority such state, political subdivision,\nmunicipality, commission, agency, officer, department, board, division\nor person shall have the same authorization and power for any of such\npurposes to co-operate and enter into agreements with a subsidiary\ncorporation of the authority.\n  6. The authority, in its own name or in the name of the state, may\napply for and receive and accept grants of property, money and services\nand other assistance offered or made available to it by any person,\ngovernment or agency whatever, which it may use to meet capital or\noperating expenses and for any other use within the scope of its powers,\nand to negotiate for the same upon such terms and conditions as the\nauthority may determine to be necessary, convenient or desirable.\n  7. The authority may do all things it deems necessary, convenient or\ndesirable to manage, control and direct the maintenance and operation of\ntransportation facilities, equipment or real property operated by or\nunder contract, lease or other arrangement with the authority. Except as\nhereinafter specially provided, no municipality or political\nsubdivision, including but not limited to a county, city, village, town\nor school or other district shall have jurisdiction over any facilities\nof the authority or any of its activities or operations.  In the\noperation, maintenance and control of any facilities devoted to purposes\nother than direct transportation purposes, the authority shall be\nsubject to all local laws, resolutions, ordinances, rules and\nregulations of a municipality or political subdivision. Each\nmunicipality or political subdivision, including but not limited to a\ncounty, city, village, town or district in which any facilities of the\nauthority are located shall provide for such facilities police, fire and\nhealth protection services of the same character and to the same extent\nas those provided for residents of such municipality or political\nsubdivision.\n  The authority may agree with the state department of transportation\nfor the execution by such department of any grade crossing elimination\nproject or any grade crossing separation reconstruction project along\nany railroad facility operated by the authority or by one of its\nsubsidiary corporations or under contract, lease or other arrangement\nwith the authority. Any such project shall be executed as provided in\nthe grade crossing elimination act and the railroad law, respectively,\nand the costs of any such project shall be borne as provided in such\nlaws, except that the authority's share of such costs shall be borne by\nthe state.\n  8. The authority may accept unconditional grants of money or property\nas subsidy payments for expansion of service into areas where such\nservice would not be self-supporting. The authority may accept\nunconditional grants of money or property from any city, village, town\nor county not wholly contained within a city the whole or any part of\nwhich shall be served or to be served by a transportation facility\noperated by the authority. Such grants of money or property would be for\nthe purpose of assisting the authority in meeting its capital or\noperating expenses. The acceptance of any such grant shall not operate\nto make the authority an agency of the municipality making the grant.\nThe provisions of this section are intended as enabling legislation only\nand shall not be interpreted as implying that absent their enactment an\nauthority would lack the power to accept such grant or subsidy.\n  9. The authority may do all things necessary, convenient or desirable\nto design, develop, acquire, construct, maintain, operate, improve and\nreconstruct a rapid transit system in the Charlotte-Henrietta Corridor\nwhich is described generally as follows: commencing on the north at the\nPort of Rochester, thence southwesterly along the Penn Central railroad\nright of way to its intersection with the Baltimore and Ohio\nrailroad-belt line division right of way, thence southerly along the\nBaltimore and Ohio railroad-belt line division to its intersection with\nthe railroad right of way of the former "rapid transit and industrial\nrailway", near Lexington Avenue, owned by the City of Rochester, thence\nsoutherly along said former "rapid transit and industrial railway"\nthrough certain abandoned canal lands owned by the State of New York to\nthe point where it intersects with the Rochester branch of the Lehigh\nValley railroad right of way, thence southerly along said Lehigh Valley\nrailroad to the point where it intersects with the Erie railroad right\nof way, thence southerly along the Erie railroad right of way to a\nterminus near Erie Station Road at the Riverton new community, also\nthence southeasterly along said Lehigh Valley Railroad from the point\nwhere it intersects with the Erie Railroad right of way, to a terminus\nnear Calkins Road. The Charlotte-Henrietta Corridor shall be deemed a\n"transportation facility" of the authority for all of the purposes of\nthis title.\n  10. Notwithstanding any of the above provisions, no project may be\nundertaken by the authority unless such project is a part of or\nconsistent with the adopted master plan.\n
N.Y. PBA Law § 1299-L — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-L
Right of state to require redemption of bonds
Status: in_force

§ 1299-l. Right of state to require redemption of bonds.\nNotwithstanding and in addition to any provisions for the redemption of\nbonds which may be contained in any contract with the holders of the\nbonds, the state may, upon furnishing sufficient funds therefor, require\nthe authority to redeem, prior to maturity, as a whole, any issue of\nbonds on any interest payment date not less than twenty years after the\ndate of the bonds of such issue at one hundred five per centum of their\nface value and accrued interest or at such lower redemption price as may\nbe provided in the bonds in case of the redemption thereof as a whole on\nthe redemption date. Notice of such redemption shall be published in at\nleast two newspapers published and circulating respectively in the\ncities of Buffalo and Niagara Falls at least twice, the first\npublication to be at least thirty days before the date of redemption.\n
N.Y. SOS Law § 367-B — New York Code / Act SOS / Article 5 / Title 11 / Section 367-B
Medical assistance information and payment system
Status: in_force

§ 367-b. Medical assistance information and payment system. 1. The\ndepartment shall design and implement a statewide medical assistance\ninformation and payments system for the purpose of providing individual\nand aggregate data to social services districts to assist them in making\nbasic management decisions, to the department and other state agencies\nto assist in the administration of the medical assistance program, and\nto the governor and the legislature as may be necessary to assist in\nmaking major administrative and policy decisions affecting such program.\nSuch system shall be designed so as to be capable of the following:\n  a. receiving and processing information relating to the eligibility of\neach person applying for medical assistance and of issuing a medical\nassistance identification card to persons determined by a social\nservices official to be eligible for such assistance;\n  b. receiving and processing information relating to each qualified\nprovider of medical assistance furnishing care, services or supplies for\nwhich claims for payment are made pursuant to this title;\n  c. receiving and processing, in a form and manner prescribed by the\ndepartment, all claims for medical care, services and supplies, and\nmaking payments for valid claims to providers of medical care, services\nand supplies on behalf of social services districts;\n  d. maintaining information necessary to allow the department,\nconsistent with the powers and duties of the department of health, to\nreview the appropriateness, scope and duration of medical care, services\nand supplies provided to any eligible person pursuant to this chapter;\nand\n  e. initiating implementation of such a system for the district\ncomprising the city of New York, in a manner compatible with expansion\nof such system to districts other than the district comprising the city\nof New York.\n  2. Consistent with the capabilities of the system established pursuant\nto subdivision one of this section, the department shall assume payment\nresponsibilities on behalf of social services districts by promulgation\nof regulations approved by the director of the budget. Such regulations\nshall specify the providers of medical assistance and the medical care,\nservices and/or supplies for the district or districts for which the\ndepartment will assume payment responsibilities and the date on which\nsuch responsibilities shall be assumed. Such regulations shall be\npublished for comment at least thirty days in advance of their\npromulgation and shall be filed with the secretary of state at least\nsixty days in advance of the date of assumption of responsibilities;\nprovided, however, that with respect to a particular district the\nrequirements for advance publications and/or filing may be waived, or\nthe time limits reduced, with the written consent of the district to\nsuch waiver or reduction. Providers of medical care and services shall\nsubmit claims to the social services district for all items of care,\nservices and supplies furnished prior to the date of state assumption of\npayment responsibilities and to the state for all such items furnished\nsubsequent to such date. Such regulations shall also specify a final\ntransition date after which any claiming submitted shall be enforceable\nby such provider only against the state and shall not be enforceable by\nsuch provider against the social services district; provided, however,\nthat the department and the district may enter into a written agreement\nby which the department agrees on the basis of eligibility information\nprovided by such district to pay claims submitted to such district prior\nto the final transition date.\n  3. Upon notice to a social services district in accordance with\nsubdivision two, that the department intends to assume payment\nresponsibilities on behalf of such district, (a) such district shall\npromptly submit to the department requested information regarding each\nperson who applies for or has been determined eligible for medical\nassistance and each provider of medical assistance in such district; and\n(b) notwithstanding the provisions of paragraph (b) of subdivision three\nof section three hundred sixty-six-a of this chapter, the department\nshall provide each person found by such district to be eligible for\nmedical assistance under this title with a medical assistance\nidentification card.\n  4. Information relating to persons applying for or receiving medical\nassistance shall be considered confidential and shall not be disclosed\nto persons or agencies other than those considered entitled to such\ninformation in accordance with section one hundred thirty-six when such\ndisclosure is necessary for the proper administration of public\nassistance programs.\n  5. By no later than forty-five days following the end of each calendar\nquarter after the second quarter of calendar year nineteen hundred\nseventy-six, the department shall, until full implementation has been\nachieved in all social services districts, report to the governor and\nthe legislature regarding the current status of the medical assistance\ninformation and payment system, summarizing the progress achieved during\nthe previous quarter and the anticipated major achievements of the\nsucceeding two calendar quarters. The report shall include the current\nand anticipated overall expenditure and staffing levels for functions\nrelating to the system, and shall specify each district affected or\nanticipated to be affected during the succeeding two calendar quarters\nand summarize the manner in which each such district is, or is\nanticipated to be, affected. In addition, the department shall prepare\nand submit to the governor and the legislature a special report\ndemonstrating the appropriateness and relative cost-effectiveness of\nutilizing a fiscal intermediary.\n  In addition, for the purpose of insuring the compatability of the\nsystem servicing the district comprising the city of New York with the\nsystem servicing all other social services districts in the state, the\ndepartment shall prepare and submit to the governor and the legislature\non or before March first, nineteen hundred seventy-eight, a special\nreport and recommendation covering the appropriateness and relative cost\neffectiveness of utilizing a fiscal intermediary or fiscal agent for all\ndistricts other than the district comprising the city of New York.\n  6. Each social services district shall be responsible for paying to\nthe state a share of the state's expenditures for claims of providers of\nmedical assistance attributable to such district, which shall be equal\nto the share of such expenditures such district would have borne after\nreimbursement from state and federal funds in accordance with section\nthree hundred sixty-eight-a of this chapter, had the expenditure been\nmade by such district; provided, however, that no district shall be\nresponsible for the state's expenditures for the administrative costs of\ndeveloping, maintaining or operating the statewide medical assistance\ninformation and payment system; and provided, further, that no district\nshall be responsible for paying to the state any portion of the cost of\nmedical assistance which the department is responsible for furnishing\npursuant to section three hundred sixty-five of this chapter.\n  7. In any case in which the department has made payments for medical\nassistance on behalf of a social services district pursuant to this\nsection, the commissioner on behalf of the social services official\nshall be empowered to bring actions to recover the cost of such\nassistance, pursuant to this subdivision and the provisions of title six\nof article three of this chapter.\n  8. (a) For the purpose of orderly and timely implementation of the\nmedical assistance information and payment system, the department is\nhereby authorized to enter into agreements with fiscal intermediaries or\nfiscal agents for the design, development, implementation, operation,\nprocessing, auditing and making of payments, subject to audits being\nconducted by the state in accordance with the terms of such agreements,\nfor medical assistance claims under the system described by this section\nin any social services district. Such agreements shall specifically\nprovide that the state shall have complete oversight responsibility for\nthe fiscal intermediaries' or fiscal agents' performance and shall be\nsolely responsible for establishing eligibility requirements for\nrecipients, provider qualifications, rates of payment, investigation of\nsuspected fraud and abuse, issuance of identification cards,\nestablishing and maintaining recipient eligibility files, provider\nprofiles, and conducting state audits of the fiscal intermediaries' or\nagents' at least once annually. The system described in this subdivision\nshall be operated by one or more fiscal intermediaries or fiscal agents\nin accordance with this subdivision unless the department is otherwise\nauthorized by a law enacted subsequent to the effective date of this\nsubdivision to operate the system in another manner. In no event shall\nsuch intermediary or agent be a political subdivision of the state or\nany other governmental agency or entity. Notwithstanding the foregoing,\nthe department may make payments to a provider upon the commissioner's\ndetermination that the provider is temporarily unable to comply with\nbilling requirements. The department shall consult with the office of\nMedicaid inspector general regarding any activities undertaken by the\nfiscal intermediaries or fiscal agents regarding investigation of\nsuspected fraud and abuse.\n  (b) The department of health, in consultation with the office of\nMedicaid inspector general, shall develop, test and implement new\nmethods to strengthen the capability of the medical assistance\ninformation and payment system to detect and control fraud and improve\nexpenditure accountability, and is hereby authorized to enter into\nfurther agreements with fiscal and/or information technology agents for\nthe development, testing and implementation of such new methods. Any\nsuch agreements shall be with agents which have demonstrated expertise\nin the areas addressed by the agreement. Such methods shall, at a\nminimum, address the following areas:\n  (1) Prepayment claims review. Develop, test and implement an automated\nclaims review process which, prior to payment, shall subject medical\nassistance program services claims to review for proper coding and such\nother review as may be deemed necessary. Services subject to review\nshall be based on: the expected cost-effectiveness of reviewing such\nservice; the capabilities of the automated system for conducting such a\nreview; and the potential to implement such review with negligible\neffect on the turnaround of claims for provider payment or on recipient\naccess to necessary services. Such initiative shall be designed to\nprovide for the efficient and effective operation of the medical\nassistance program claims payment system by performing functions\nincluding, but not limited to, capturing coding errors, misjudgments,\nincorrect or multiple billing for the same service and possible excesses\nin billing or service use, whether intentional or unintentional.\n  (2) Coordination of benefits. Develop, test and implement an automated\nprocess to improve the coordination of benefits between the medical\nassistance program and other sources of coverage for medical assistance\nrecipients. Such initiative shall initially examine the savings\npotential to the medical assistance program through retrospective review\nof claims paid which shall be completed not later than January\nthirty-first, two thousand seven. If, based upon such initial\nexperience, the Medicaid inspector general deems the automated process\nto be capable of including or moving to a prospective review, with\nnegligible effect on the turnaround of claims for provider payment or on\nrecipient access to services, then the Medicaid inspector general in\nsubsequent tests shall examine the savings potential through\nprospective, pre-claims payment review.\n  (3) Comprehensive review of paid claims. Take all reasonable and\nnecessary actions to intensify the state's current level of monitoring,\nanalyzing, reporting and responding to medical assistance program claims\ndata maintained by the state's medical assistance information and\npayment system contract agents. Pursuant to this initiative, the\ndepartment of health, in collaboration with the office of Medicaid\ninspector general, shall make efforts to improve the utilization of such\ndata in order to better identify fraud and abuse within the medical\nassistance program and to identify and implement further program and\npatient care reforms for the improvement of such program. In addition,\nthe department of health, in consultation with such contract agents and\nthe office of Medicaid inspector general, shall identify additional data\nelements that are maintained and otherwise accessible by the state,\ndirectly or through any of its contractors, that would, if coordinated\nwith medical assistance data, further increase the effectiveness of data\nanalysis for the management of the medical assistance program. To\nfurther the objectives of this subparagraph, the department of health,\nin collaboration with the office of Medicaid inspector general, shall\nprovide or arrange in-service training for state and county medical\nassistance personnel to increase the capability for state and local data\nanalysis, leading to a more cost-effective operation of the medical\nassistance program.\n  (4) Targeted claims and utilization review. Develop, test and\nimplement an automated process for the targeted review of claims,\nservices and/or populations not later than January thirty-first, two\nthousand seven.  Such review shall be for the purposes of identifying\nstatistical aberrations in the use or billing of such services and for\nassisting in the development and implementation of measures to ensure\nthat service use and billing are appropriate to recipients' needs.\n  (c) The commissioner of health shall prepare and submit an interim\nreport to the governor and legislature on the implementation of the\ninitiatives specified in paragraph (b) of this subdivision no later than\nDecember first, two thousand seven. Such report shall also include\nrecommendations for any revisions that would further facilitate the\ngoals of such paragraph, including recommendations for expansion. In\naddition, the commissioner of health shall submit a final report not\nlater than December first, two thousand eight. In preparing such interim\nand final reports, the commissioner of health shall consult with the\nMedicaid inspector general, third-party agents, providers and recipients\nassociated with the implementation of paragraph (b) of this subdivision.\n  9. (a) In order to accomplish a more orderly transition to the medical\nassistance information and payment system authorized by this section,\nand to continue for a limited transition period the rate at which\nadvanced revenues have been made available by local governmental units\nto certain hospitals providing services to persons eligible for medical\nassistance, the department is authorized to promulgate regulations\nestablishing a system of accelerated payments to hospitals meeting the\ncriteria set forth in this section.\n  (b) Such system of accelerated payments shall only be available to a\ngeneral hospital, other than a public general hospital:\n  (i) which prior to January first, nineteen hundred seventy-eight\nreceived regular, periodic and recurring advanced revenues from a local\ngovernmental unit, the amount of which was based on anticipated medical\nassistance claims payments; and\n  (ii) which has demonstrated that its continued financial viability\ndepends in substantial part on the rate at which such advanced revenues\nwere made available by local governmental units prior to the time the\ndepartment, pursuant to this section, assumed payment for such hospital\nresponsibilities on behalf of the social services district in which it\nis located, taking into account any funds remaining available from the\nlocal governmental unit under its system of advanced revenues. For\npurposes of this subdivision, it shall be presumed that a hospital does\nnot depend in substantial part on the rate at which advanced revenues\nwere made available by a local governmental unit if it received such\nrevenues for a period of less than nine months preceding the month in\nwhich the department assumed payment responsibilities for such hospital;\n  (iii) for which payment responsibility is initially assumed by the\ndepartment pursuant to this section during the period beginning June\nfirst, nineteen hundred seventy-eight and ending November thirtieth,\nnineteen hundred seventy-eight; and\n  (iv) which meets performance criteria established by department\nregulation relating to the ratio of acceptable claims for patient days\nsubmitted for medical assistance payment compared to the total patient\ndays of the hospital and compared to such claims submitted in one or\nmore previous months, and the time lapse between the date the service\nwas provided and the date the claim was submitted.\n  (c) The regulations promulgated by the department pursuant to\nparagraph (a) of this subdivision shall provide that the amount of the\naccelerated payment for any month shall be determined for each hospital\nmeeting the criteria set forth in this section on the basis of\nacceptable medical assistance claims submitted by the hospital in one or\nmore previous months and the amount of accelerated revenues made\navailable to the hospital by a local governmental unit prior to the time\nthe department assumed payment responsibilities for the hospital. The\namount of the accelerated payment for any given month shall not exceed\nthe amount of a monthly aggregate claim to be submitted by the hospital\nto the department, which claim shall reflect items of care, services and\nsupplies authorized under the medical assistance program pursuant to\nthis title which are in fact provided prior to the date of the aggregate\nclaim to persons who have been determined eligible for medical\nassistance, or based on the past performance of the hospital are likely\nto be determined eligible for medical assistance, when no other source\nof payment including third party health insurance and payments pursuant\nto title eighteen of the Federal Social Security Act are available for\nsuch items of care, service and supplies. Such aggregate claims shall be\nsubject to the audit and warrant of the state comptroller.\n  (d) Any schedule of accelerated payments established by the department\npursuant to this section shall assure that such payments are made for a\nperiod of no more than six months from the month in which the department\nassumes payment responsibility for the hospital, and shall provide for\nrepayment of any amounts in excess of current audited claims, through\nreductions in current claims, at a rate that will assure full repayment\nat the earliest time consistent with the purposes of this section, but\nin no event more than twenty-four months following the month in which\nthe department assumes payment responsibilities for the hospital.\nHowever, where the commissioner of health has determined with the\nconcurrence of the state hospital review and planning council that a\nhospital has satisfied the department of health regulations and is or\nhas been authorized to participate in the emergency hospital\nreimbursement program pursuant to which repayment of all or part of any\naccelerated payments made by the department have been deferred in\naccordance with such regulations, notwithstanding the time limitations\nset forth above repayment of such deferred amounts shall be made in\naccordance with an orderly schedule of repayment established by the\ncommissioner of health after consultation with the commissioner. In no\nevent shall any reduction be made against current claims, grant funds or\nany amounts due said hospital in settlement of rate appeals, claims or\nlawsuits to satisfy such repayment obligations.\n  (e) In making accelerated payments pursuant to this subdivision and\ndepartment regulations, the department shall utilize federal funds made\navailable, and local funds, for such purposes or for purposes of payment\nby the department of medical assistance payments pursuant to this\nsection.\n  * 10. a. For the purpose of timely payment, the department is hereby\nauthorized to develop a concurrent payment system for general hospitals\nwhich elect to participate in the concurrent payment system and which\nare included in the payment component of the medical assistance\ninformation and payment system, and to promulgate regulations to govern\nsuch a system. The department may implement the concurrent payment\nsystem for any general hospital which has elected to participate and for\nwhich the department has chosen to implement the system.\n  b. For all participating general hospitals the department shall\ndetermine a biweekly concurrent payment which shall equal one\ntwenty-sixth of the portion of the hospital's imputed or certified\ninpatient revenue cap (as defined in section twenty-eight hundred\nseven-a of the public health law) allocated for medical assistance\npayments. The concurrent payment shall be reviewed at the beginning of\neach quarter and adjusted to reflect any changes to the inpatient\nrevenue cap or portion allocated for medical assistance payments.\n  c. The department shall promulgate regulations, consistent with\nfederal requirements for participation, governing the concurrent payment\nsystem.  The regulations shall address, among other things, the method\nof calculating the concurrent payment, the method of reconciliation, the\nadjustment of the concurrent payment for the calculated difference, the\nmanner of eliminating underpayments or overpayments to hospitals in\nexceptional circumstances such as significantly changing utilization,\nchanges in bed or service capacity, or imminent insolvency. The\ndepartment shall promulgate regulations establishing a procedure for\nrecognizing open cases as of the date of reconciliation. The department\nshall also promulgate regulations setting forth standards for the\ntimeliness and quality of billings and may lower the concurrent payment\ncalculated in accordance with paragraph b of this subdivision for\nnoncompliance with such regulations.\n  d. Any payment claims made to the department for days of inpatient\ncare provided prior to the effective date of this subdivision shall be\npaid or denied in accordance with department regulations in effect when\nthe care was provided.\n  e. For any general hospital which is not afforded the opportunity of\nparticipating in the concurrent payment system and which is in\ncompliance with the billing requirements of the department, the\ndepartment shall pay any financing or working capital charge levied by\nthe hospital as authorized in section twenty-eight hundred seven-a of\nthe public health law.\n  f. This subdivision shall be effective only if federal participation\nis available.\n  * NB Expires January 1, 1986\n  11. a. For the purpose of timely payment, the department is hereby\nauthorized to develop a concurrent payment system for general hospitals\nwhich elect to participate in the concurrent payment system and which\nare included in the payment component of the medical assistance\ninformation and payment system, and to promulgate regulations to govern\nsuch a system. The department may implement the concurrent payment\nsystem for any general hospital which has elected to participate and for\nwhich the department has chosen to implement the system.\n  b. For all participating general hospitals the department shall\ndetermine a biweekly concurrent payment which shall equal one\ntwenty-sixth of the hospital's estimated yearly inpatient revenue from\nmedical assistance payments. The concurrent payment shall be reviewed at\nthe beginning of each quarter and adjusted to reflect any changes to the\nrates for medical assistance payments.\n  c. The department shall promulgate regulations, consistent with\nfederal requirements for participation, governing the concurrent payment\nsystem.  The regulations shall address, among other things, the method\nof calculating the concurrent payment, the method of reconciliation, the\nadjustment of the concurrent payment for the calculated difference, the\nmanner of eliminating underpayments or overpayments to hospitals in\nexceptional circumstances such as significantly changing utilization,\nchanges in bed or service capacity, or imminent insolvency. The\ndepartment shall promulgate regulations establishing a procedure for\nrecognizing open cases as of the date of reconciliation. The department\nshall promulgate regulations setting forth standards for the timeliness\nand quality of billings and may lower the concurrent payment calculated\nin accordance with paragraph b of this subdivision for noncompliance\nwith such regulations.\n  d. Any payment claims made to the department for days of inpatient\ncare provided prior to the effective date of this subdivision shall be\npaid or denied in accordance with department regulations in effect when\nthe care was provided.\n  e. For any general hospital which is not afforded the opportunity of\nparticipating in the concurrent payment system and which is in\ncompliance with the billing requirements of the department, the\ndepartment shall pay any financing or working capital charge levied by\nthe hospital as authorized in section twenty-eight hundred seven-a of\nthe public health law.\n  f. This subdivision shall be effective only if federal participation\nis available.\n  12. (a) For the purpose of regulating cash flow for general hospitals,\nthe department shall develop and implement a payment methodology to\nprovide for timely payments for inpatient hospital services eligible for\ncase based payments per discharge based on diagnosis-related groups\nprovided during the period January first, nineteen hundred eighty-eight\nthrough March thirty-first two thousand twenty-nine, by such hospitals\nwhich elect to participate in the system.\n  (b) In developing a payment methodology the department shall consider\na system under which hospitals may be reimbursed on the basis of\ninpatient admissions, adjusted to payment on the basis of discharge\ndata, with reconciliations established at time periods specified by the\ndepartment.  Under such a system variances between amounts paid on an\nadmission basis and actual amounts due and to be paid on a discharge\nbasis may be reflected in the amounts to be paid in a subsequent period.\n  13. Notwithstanding any inconsistent provision of law, in lieu of\npayments authorized by this chapter and/or any of the general fund or\nspecial revenue other appropriations made to the office of temporary and\ndisability assistance and the office of children and family services,\nfrom funds otherwise due to local social services districts or in lieu\nof payments of federal funds otherwise due to local social services\ndistricts for programs provided under the federal social security act or\nthe federal food stamp act or the low income home energy assistance\nprogram, funds in amounts certified by the commissioner of the office of\ntemporary and disability assistance or the commissioner of the office of\nchildren and family services or the commissioner of health as due from\nlocal social services districts as their share of payments made pursuant\nto this section, may be set-aside by the state comptroller in an\ninterest-bearing account with such interest accruing to the credit of\nthe locality, pursuant to an estimate provided by the commissioner of\nhealth of a local social services district's share of medical assistance\npayments, except that in the case of the city of New York, such\nset-aside shall be subject first to the requirements of a section of the\nchapter of the laws of two thousand one which enacted this provision,\nand then subject to the requirements of paragraph (i) of subdivision (b)\nof section two hundred twenty-two-a of chapter four hundred seventy-four\nof the laws of nineteen hundred ninety-six prior to the application of\nthis subdivision. Should funds otherwise payable to a local social\nservices district from appropriations made to the office of temporary\nand disability assistance, the office of children and family services,\nand the department of health be insufficient to fully fund the amounts\nidentified by the commissioner of health as necessary to liquidate the\nlocal share of payments to be made pursuant to this section on behalf of\nthe local social services district, the commissioner of health may\nidentify other state or federal payments payable to that local social\nservices district or any other county agency including, but not limited\nto the county department of health, from appropriations made to the\nstate department of health, and may authorize the state comptroller,\nupon no less than five days written notice to such local social services\ndistrict or such other county agency, to set-aside such payments in the\ninterest-bearing account with such interest accruing to the credit of\nthe locality. Upon such determination by the commissioner of health that\ninsufficient funds are payable to a local social services district and\nany other county agency receiving payments from the office of temporary\nand disability assistance, the office of children and family services,\nand the state department of health from appropriations made to these\nagencies, the state comptroller shall, upon no less than five days\nwritten notice to such local social services district or such other\ncounty agency, withhold payments from any of the general fund - local\nassistance accounts or payments made from any of the special revenue -\nfederal local assistance accounts, provided, however, that such federal\npayments shall be withheld only after such federal funds are properly\ncredited to the county through vouchers, claims or other warrants\nproperly received, approved, and paid by the state comptroller, and\nset-aside such disbursements in the interest-bearing account with such\ninterest accruing to the credit of the locality until such time that the\namount withheld from each county is determined by the commissioner of\nhealth to be sufficient to fully liquidate the local share of payments,\nas estimated by the commissioner of health, to be made pursuant to this\nsection on behalf of that local social services district.\n  14. Notwithstanding any other provision of law, effective on or before\nJanuary first, two thousand one, the local social services district\nshare of medical assistance payments made by the state on behalf of the\nlocal social services district shall be paid to the state by the local\nsocial services district using electronic funds transfer under the\nsupervision of the state comptroller and pursuant to rules and\nregulations of the commissioner of health. The state comptroller shall\ndeposit such funds in the medicaid management information system\nstatewide escrow fund to the credit of each local district. In the event\nthat the state comptroller and commissioner of health determine that\nthere are insufficient funds available from the local district to\nliquidate their local share of medical assistance payments, the\ncommissioner of health shall issue a repayment schedule to the state\ncomptroller for purposes of reducing reimbursement from other sources of\npayment from the state to the city or county of which the local social\nservices district is a part in accordance with subdivision thirteen of\nthis section, until the amounts due from the local district are\nrecovered in full plus any interest that would have otherwise accrued to\nthe fund had such fund had sufficient balances from the local district.\nUpon determination by the state comptroller that insufficient sources of\npayment are available to fully liquidate the local social services\ndistrict share of medical assistance payments, the commissioner of\nhealth shall include in such schedule a charge to the county equal to\nthe amount of interest otherwise earned by the state short-term interest\npool, plus any interest penalty as the commissioner of health may\ndetermine, until such time as the district has fully liquidated its\nliability pursuant to the provisions of this chapter.\n
N.Y. PBA Law § 1266-C — New York Code / Act PBA / Article 5 / Title 11 / Section 1266-C
Transit projects
Status: in_force

§ 1266-c. Transit projects. 1. Subject to the provisions of this\nsection, the authority is hereby authorized, upon the request of the New\nYork city transit authority and upon such terms and conditions as shall\nbe agreed to by the authority (i) to plan, design, acquire, construct,\nreconstruct, rehabilitate and improve facilities, equipment, devices and\nappurtenances, and property or property rights constituting or to\nconstitute part of, or used or to be used in connection with the\noperation of any transit facility now or hereafter owned or operated by\nthe New York city transit authority or any of its subsidiaries (each of\nthe foregoing activities and programs being referred to in this section\nas a "transit project"), (ii) to finance the costs of a transit project\nby the issuance of its notes, bonds or lease obligations, (iii) upon the\ncompletion of any transit project or part thereof, to cause the same to\nbe transferred, leased or subleased to the New York city transit\nauthority or its designated subsidiary or other designee, for\nconsideration. The terms "facilities", "equipment", "devices and\nappurtenances", "property" or "property rights" and "transit facility"\nshall have the meanings given to such terms from time to time in section\ntwelve hundred of this article. The authority shall have no obligation\nto operate or, except as may otherwise be provided in any lease to which\nit may be a party as hereinafter provided, repair or maintain any\ntransit project or part thereof subsequent to its completion nor shall\nit be liable to the transferee, lessee or sublessee by reason of any\nwarranty, express or implied, in respect thereof. Warranties furnished\nin connection with such transit project shall be assignable and assigned\nas directed by the New York city transit authority and approved by the\nauthority.\n  2. In connection with any transit project, and in order to effectuate\nthe purposes of this section, the authority shall, subject to the\nprovisions of this section, have all of the powers provided elsewhere in\nthis title, and, in addition, the authority may:\n  (a) issue its notes or bonds to finance all or any part of the costs\nof a transit project;\n  (b) finance all or any part of the costs to the authority or to any\nother person or entity, public or private, of such transit project\nthrough, or accompanied by, a leasing of such project or any part\nthereof by such person or entity to the authority or through or\naccompanied by a sale by the authority to any such person or entity and\nleaseback to the authority, in each case for subleasing to the New York\ncity transit authority, its designated subsidiary or other designee for\nconsideration, except that such leasing or leaseback from such person or\nentity may be directly to the New York city transit authority or its\ndesignated subsidiary or other designee with the consent of the\nauthority;\n  (c) issue its notes or bonds to defease the lien of, refund or\notherwise repay any outstanding notes, bonds or other obligations of the\nNew York city transit authority which in the judgment of the authority\nwould otherwise delay, impede or prevent its financing a transit\nproject;\n  (d) accept the notes, bonds, lease, sublease and other contractual\nobligations of the New York city transit authority and any of its\ndesignated subsidiaries in payment for a transfer, lease or sublease of\na transit project;\n  (e) accept from the New York city transit authority or its designated\nsubsidiary or from the city of New York, acting by its mayor alone, a\ntransfer of title to or the use, occupancy, control or possession of any\nreal or personal property (or any interest therein) needed or useful for\nor in connection with any transit project;\n  (f) obtain security for the payment by the New York city transit\nauthority or its designated subsidiary of its notes, bonds, lease,\nsublease or other contractual obligations, including a pledge of all or\nany part of any of their revenues, which pledge may contain covenants\nwith respect to the charging and fixing of fares, fees and rentals, the\nuse and disposition of such fares, fees, rentals and other revenues, and\nthe setting aside of reserves therefrom;\n  (g) with the consent of the New York city transit authority or its\ndesignated subsidiary, use, with or without compensation, its agents,\nemployees and facilities; and\n  (h) apply for, accept, enter into contracts for, administer and\ndisburse any federal, state or local aid or assistance, subject to the\nterms and conditions thereof, which may be available for any transit\nproject.\n  3. All of the provisions of this title not inconsistent with the\nprovisions of this section shall be applicable with respect to any\nbonds, notes or lease obligations of the authority issued or entered\ninto to finance any transit project, or to defease the lien of, refund\nor otherwise repay outstanding bonds, notes or other obligations of the\nNew York city transit authority, subject to the following conditions:\n  (a) such bonds and notes shall be payable as to principal, redemption\npremium, if any, and interest and such other obligations shall be\npayable, all in the manner more particularly provided by the authority\nin the resolution under which the same shall be authorized to be issued;\n  (b) such lease obligations shall be non-recourse obligations limited\nto the recovery of the leased property by the lessor and as to the\npayments of sums of money coming due thereunder, to proceedings against\nthe sublessee under any underlying sublease or pursuant to any pledge or\nassignment given to secure sums payable under such underlying sublease;\n  (c) no bonds or notes of the authority shall be issued for the purpose\nof defeasing the lien of, refunding or otherwise repaying outstanding\nbonds, notes or other obligations of the New York city transit authority\nunless (i) the city of the New York shall have entered into an agreement\non terms satisfactory to the authority to make periodic payments to the\nNew York city transit authority, and (ii) the New York city transit\nauthority shall have entered into an agreement on terms satisfactory to\nthe authority to make periodic payments to the authority, in each case\nsufficient to pay, when due, the principal, redemption premium, if any,\nand interest upon the bonds or notes of the authority issued to effect\nsuch defeasance, refunding or repayment;\n  (d) notwithstanding and in addition to any provisions for the\nredemption of such bonds or notes which may be contained in any contract\nwith the holders thereof, the city of New York may, upon furnishing\nsufficient funds therefor, require the authority to redeem as a whole\nany issue of such bonds or notes at the time or times and at the place\nor places and in accordance with the terms upon which such bonds or\nnotes are redeemable; and\n  (e) the city of New York shall not be liable on such bonds or notes,\nand such bonds or notes shall not be a debt of the city of New York, and\nshall contain on the face thereof a statement to such effect.\n  4. The authority shall not undertake any transit project unless the\nNew York city transit authority or the subsidiary for whose benefit the\ntransit project is to be undertaken, or both, shall pay or agree to pay,\nin the form of a bond, note, lease, sublease or other contractual\nobligation, in a manner and on terms and conditions satisfactory to the\nauthority, any portion of the costs to the authority of such transit\nproject and the financing thereof which is not paid to the authority\nfrom any federal, state or local aid or assistance or which is not\npayable from any other moneys made available or payable to the authority\nby others for such project.\n  5. Neither the provisions of section one hundred ninety-seven-c of the\nNew York city charter, relating to a uniform land use review procedure,\nnor the provisions of any other local law of the city of New York of\nlike or similar tenor or import shall apply (i) to the acquisition of\nany real property (or any interest therein) for the purposes of any\ntransit project by the city or by the New York city transit authority or\nany of its subsidiaries; (ii) to the subsequent transfer of any real\nproperty (or interest therein) so acquired to the authority or its\ndesignee for the purposes of such project or to the transfer to the\nauthority or its designee for such purposes of any real property (or\ninterest therein) then owned by the city or by the New York city transit\nauthority or any such subsidiary; nor (iii) to the transfer to the\nauthority or its designee for such purposes of the right of use,\noccupancy, control or possession of any real property (or interest\ntherein), whether presently owned or hereafter acquired by the city or\nby the New York city transit authority or any such subsidiary; provided\nin each such case, however, that if at the time of such proposed\nacquisition or transfer the real property which is the subject of such\nacquisition or transfer is not then being utilized for a transit or\ntransportation purpose or is not an insubstantial addition to such\nproperty contiguous thereto; (a) the authority proposing to acquire or\nreceive such property shall, unless a submission with respect to such\nproperty has previously been made and approved as herein provided,\nsubmit to the community board for the community district in which such\nproperty is located, data with respect to the proposed use of such\nproperty and to the design of any facility proposed to be constructed\nthereon; (b) such community board shall inform the board of estimate of\nthe city of New York, with copies to the city planning commission of the\ncity of New York and the proposing authority, of its views and\nrecommendations with respect thereto within forty-five days of such\nsubmission, and if the community board shall fail to so inform the board\nof estimate within such period it shall be deemed to have recommended\nthe proposal; and (c) the board of estimate shall, within forty-five\ndays of the recommendation of the community board, approve or disapprove\nsuch acquisition or transfer, and if the board of estimate shall fail to\nact within such period it shall be deemed to have approved the same.\n  6. In its performance of any transit project, the authority shall not\nbe deemed the agent or instrumentality of the city of New York or the\nNew York city transit authority or any of its subsidiaries\nnotwithstanding the fact that title to any real or personal property (or\nany interest therein) which is the subject of or is a part of such\nproject is held by or upon completion of such project is to be\ntransferred to such other entity. In its performance of any transit\nproject, however, the provisions of section twelve hundred nine of this\nchapter shall apply to the authority as if it were the "authority"\nreferred to therein.\n  7. The authority, in addition to the powers provided elsewhere in this\ntitle, shall possess all of the powers, rights and privileges of the New\nYork city transit authority or its designated subsidiary in connection\nwith the undertaking by the authority of any transit project. The\nauthority, upon suitable notice to and an offer to consult with an\nofficer designated by the city of the New York, may occupy the streets\nof the city of New York for the purpose of doing any work over or under\nthe same in connection with any transit project without the consent of\nor payment to such city.\n  8. After the transfer, transfer back, lease or sublease to the New\nYork city transit authority or its designated subsidiary or other\ndesignee of any transit project or part thereof, actions for damages for\ninjuries to real or personal property or for the destruction thereof, or\nfor personal injuries or death, based upon the use, condition or state\nof such project or part thereof may not be instituted against the\nauthority, which shall have no liability or responsibility to the\ntransferee, lessee or sublessee or to third parties therefor.\n  9. Except as the authority shall otherwise agree, title to any transit\nproject or any part thereof or interest therein which shall have been\ntransferred, leased or subleased to the New York city transit authority\nor its designated subsidiary, shall remain in such transferee, lessee or\nsublessee any provision of title nine of this article or of any lease or\nother agreement entered into under the provisions of that title to the\ncontrary notwithstanding.\n  10. The providing of any transit project shall not relieve the city of\nNew York of its obligations under law and by lease to pay the capital\ncosts of the New York city transit authority or its subsidiaries.\n  11. No transit project to be constructed upon real property\ntheretofore used for a transit or transportation purpose, or on an\ninsubstantial addition to such property contiguous thereto, which will\nnot change in a material respect the general character of such prior\ntransit or transportation use, nor any acts or activities in connection\nwith such project, shall be subject to the provisions of article eight,\nnineteen, twenty-four or twenty-five of the environmental conservation\nlaw, or to any local law or ordinance adopted pursuant to any such\narticle. Nor shall any transit project or any acts or activities in\nconnection therewith taken by any person or entity, public or private,\npursuant to this section be subject to the provisions of article eight\nof the environmental conservation law if such project, acts or\nactivities require the preparation of a statement under or pursuant to\nany federal law or regulation as to the environmental impact thereof.\n  12. The provisions of this section and of all agreements undertaken by\nthe New York city transit authority in accordance therewith shall in all\nrespects be subject to the rights of the holders of any outstanding\nbonds or notes of such authority.\n  13. a. All contracts for design, construction, services and materials\npursuant to this title of whatever nature and all documents soliciting\nbids or proposals therefor shall contain or make reference to the\nfollowing provisions:\n  (i) The contractor will not discriminate against employees or\napplicants for employment because of race, creed, color, national\norigin, sex, age, disability, or marital status, and will undertake or\ncontinue existing programs of affirmative action to ensure that minority\ngroup persons and women are afforded equal opportunity without\ndiscrimination. Such programs shall include, but not be limited to,\nrecruitment, employment, job assignment, promotion, upgrading, demotion,\ntransfer, layoff, termination, rates of pay or other forms of\ncompensation, and selections for training or retraining, including\napprenticeship and on-the-job training.\n  (ii) At the request of the New York city transit authority, the\nmetropolitan transportation authority, and their subsidiaries\n(hereinafter referred to as the authority), the contractor shall request\neach employment agency, labor union, or authorized representative of\nworkers with which it has a collective bargaining or other agreement or\nunderstanding and which is involved in the performance of the contract\nwith the authority to furnish a written statement that such employment\nagency, labor union or representative shall not discriminate because of\nrace, creed, color, national origin, sex, age, disability or marital\nstatus and that such union or representative will cooperate in the\nimplementation of the contractor's obligations hereunder.\n  (iii) The contractor will state, in all solicitations or\nadvertisements for employees placed by or on behalf of the contractor in\nthe performance of the contract with the authority, that all qualified\napplicants will be afforded equal employment opportunity without\ndiscrimination because of race, creed, color, national origin, sex, age,\ndisability or marital status. (iv) The contractor will include the\nprovisions of subparagraphs (i) through (iii) of this paragraph in every\nsubcontract or purchase order in such a manner that such provisions will\nbe binding upon each subcontractor or vendor as to its work in\nconnection with the contract with the authority.\n  b. The authority shall establish procedures and guidelines to ensure\nthat contractors and subcontractors undertake programs of affirmative\naction and equal employment opportunity as required by this subdivision.\nSuch procedures may require after notice in a bid solicitation, the\nsubmission of an affirmative action program prior to the award of any\ncontract, or at any time thereafter, and may require the submission of\ncompliance reports relating to the operation and implementation of any\naffirmative action program adopted hereunder. The authority may take\nappropriate action including contractual sanctions for non-compliance to\neffectuate the provisions of this subdivision and shall be responsible\nfor monitoring compliance with this title.\n  14. (a) (i) In the performance of projects pursuant to this title\nminority and women-owned business enterprises shall be given the\nopportunity for meaningful participation. The authority provided for in\nthis title shall establish measures and procedures to secure meaningful\nparticipation and identify those contracts and items of work for which\nminority and women-owned business enterprises may best bid to actively\nand affirmatively promote and assist their participation in the\nprojects, so as to facilitate the award of a fair share of contracts to\nsuch enterprises; provided, however, that nothing in this title shall be\nconstrued to limit the ability of the authority to assure that qualified\nminority and women-owned business enterprises may participate in the\nprogram. For purposes hereof, minority business enterprise shall mean\nany business enterprise which is at least fifty-one per centum owned by,\nor in the case of a publicly owned business, at least fifty-one per\ncentum of the stock of which is owned by citizens or permanent resident\nnoncitizens who are Black, Hispanic, Asian or American Indian, Pacific\nIslander or Alaskan natives and such ownership interest is real,\nsubstantial and continuing and have the authority to independently\ncontrol the day to day business decisions of the entity for at least one\nyear; and women-owned business enterprise shall mean any business\nenterprise which is at least fifty-one per centum owned by, or in the\ncase of a publicly owned business, at least fifty-one per centum of the\nstock of which is owned by citizens or permanent resident noncitizens\nwho are women, and such ownership interest is real, substantial and\ncontinuing and have the authority to independently control the day to\nday business decisions of the entity for at least one year.\n  The provisions of this paragraph shall not be construed to limit the\nability of any minority or women-owned business enterprise to bid on any\ncontract.\n  (ii) In the implementation of this subdivision, the authority shall\nconsider compliance by any contractor with the requirements of any\nfederal, state, or local law concerning minority and women-owned\nbusiness enterprises, which may effectuate the requirements of this\nsubdivision. If the authority determines that by virtue of the\nimposition of the requirements of any such law, in respect to capital\nproject contracts, the provisions thereof duplicate or conflict with\nsuch law, the authority may waive the applicability of this subdivision\nto the extent of such duplication or conflict.\n  (iii) Nothing in this subdivision shall be deemed to require that\noverall state and federal requirements for participation of minority and\nwomen-owned business enterprises in programs authorized under this title\nbe applied without regard to local circumstances to all projects or in\nall communities.\n  (b) In order to implement the requirements and objectives of this\nsubdivision, the authority shall establish procedures to monitor the\ncontractors' compliance with provisions hereof, provide assistance in\nobtaining competing qualified minority and women-owned business\nenterprises to perform contracts proposed to be awarded, and take other\nappropriate measures to improve the access of minority and women-owned\nbusiness enterprises to these contracts.\n  15. (a) In connection with the performance of projects pursuant to\nthis section, the authority shall, to the extent practicable and not\ninconsistent with any federal law, regulation or requirement, promote\nthe meaningful participation of small business and New York state\nbusiness enterprises in the provision of goods and services that are\nproduced or manufactured in New York state as part of procurements\nundertaken by the authority.\n  (b) The authority shall within one hundred eighty days after the\neffective date of this subdivision develop, and review annually\nthereafter, a plan to effect the purposes of this subdivision.\n
N.Y. PBA Law § 1299-S — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-S
Five-year capital and operating plans
Status: in_force

§ 1299-s. Five-year capital and operating plans. 1. (a) On or before\nOctober first, nineteen hundred ninety, and annually thereafter on or\nbefore April first, the authority shall adopt a capital program plan for\nthe five-year period commencing April first. The plan shall contain the\ncapital program, separately itemized, by the following functions: metro\ntransit operations, airport operations, and port operations.\n  (b) The plan shall set goals and objectives by function for capital\nspending, establish standards for service and operations, describe each\ncapital project proposed to be initiated in each of the years covered by\nthe plan and explain how each proposed project supports the achievement\nof the service and operational standards established in the plan. The\nplan shall list separately by function those projects contributing to\nthe maintenance of the system infrastructure and those intended to\nenhance the system. The plan shall also include an estimated cost for\neach project and set forth an estimate of the amount of capital funding\nrequired for each year of the plan and the expected sources of such\nfunding. It shall also include a project schedule for the initiation and\ncompletion of each project. Each plan subsequent to the first such plan\nshall describe the current status of each capital project included in\nthe previously adopted plan.\n  (c) In addition to the annual update, a quarterly capital plan status\nreport shall be provided to the committee on capital planning and shall\ninclude, but not be limited to, a description of any material change in\nthe scope, cost, funding or time of initiation or completion of a\nproject as adopted in the plan. The first such report shall cover the\nthree month period commencing April first, nineteen hundred ninety-one\nand shall be submitted no later than thirty days after the end of the\nquarter. Thereafter, quarterly reports shall be submitted on the last\nday of October, January, April and July.\n  2. (a) On or before October first, nineteen hundred ninety, and\nannually thereafter on or before April first, the authority shall adopt\nan operating plan for the five-year period commencing April first. The\nplan shall include the annual estimated operating cost for the following\nauthority functions: metro transit operations, airport operations, and\nport operations. The plans shall also include the proposed method of\nfinancing for the level of service defined for each year of the plan and\nshall fully allocate the general authority costs to the authority's\nfunctions. The plan shall provide a narrative describing the overall\nfinancial condition of the authority.\n  (b) In addition to the annual update, the authority shall prepare for\nthe committee on finance and audit quarterly reports on the financial\ncondition of each of its functions. The first such report shall cover\nthe three month period commencing April first, nineteen hundred\nninety-one and shall be submitted no later than thirty days after the\nend of the quarter. Thereafter, quarterly reports shall be submitted on\nthe last day of October, January, April and July. The reports shall\ninclude a budgetary comparison of the most recent quarter and\nyear-to-date actual revenues and expenditures with the same time period\nin the previous year and with the projections for that time period based\non the board approved budget. The reporting for the metro transit\noperations shall be separate for the bus and light rail divisions.\n  3. (a) On or before October first, nineteen hundred ninety, and\nannually thereafter on or before April first, the authority shall set\noperational performance goals and objectives for the metro transit\noperations, consistent with paragraph (b) of subdivision one of this\nsection and shall establish performance indicators to measure standards\nof service and operations. The performance indicators shall include:\nrevenue passengers, total passengers, revenue vehicle miles, revenue\nvehicle hours, number of employees by department, vehicle mean distance\nbetween failure, on-time performance for total service provided, the\ncost per revenue passenger, the cost per revenue vehicle mile and the\nrevenue-to-cost ratio.\n  (b) The authority shall prepare for the committee on operations and\npersonnel quarterly reports on the operating performance of the metro\ntransit operations. The first such report shall cover the three month\nperiod commencing April first, nineteen hundred ninety-one and shall be\nsubmitted no later than thirty days after the end of the quarter.\nThereafter, quarterly reports shall be submitted on the last day of\nOctober, January, April and July. The reporting for the metro transit\noperations shall be separate for the bus and light rail divisions. The\nreport shall compare the performance indicators of the most recent\nquarter and the year-to-date performance indicators with the same time\nperiod in the previous year and with the annual goals established\npursuant to this subdivision.\n  4. Any and all annual reports, including interim reports, shall be\nsubmitted to the director of the division of the budget, the\ncommissioner of transportation and the chief executive officer of Erie\ncounty and Niagara county, the county legislatures of Erie county and\nNiagara county, the temporary president of the senate, the speaker of\nthe assembly, the chairpersons of the senate finance committee and the\nassembly ways and means committee, and the chairpersons of the senate\nand assembly transportation committees.\n
N.Y. PBA Law § 1279-F — New York Code / Act PBA / Article 5 / Title 11 / Section 1279-F
Independent forensic audit
Status: in_force

§ 1279-f. Independent forensic audit. 1. The authority shall contract\nwith a certified public accounting firm for the provision of an\nindependent, comprehensive, forensic audit of the authority. Such audit\nshall be performed in accordance with generally accepted government\nauditing standards. Such audit shall include, but is not limited to a\ncomplete and thorough examination and detailed accounting of the\nauthority's capital elements, broken down by agency, including but not\nlimited to: rolling stock and omnibuses, passenger stations, track, line\nequipment, line structures, signals and communications, power equipment,\nemergency power equipment and substations, shops, yards, maintenance\nfacilities, depots and terminals, service vehicles, security systems,\nelectrification extensions, and unspecified, miscellaneous and\nemergency.\n  The authority shall also contract with a financial advisory firm with\na national practice for the provisions of a review of: (a) any fraud,\nwaste, abuse, or conflicts or interest occurring within any department,\ndivision, or office of the authority, its subsidiaries, affiliates, and\nsubsidiaries of affiliates; (b) any duplication of functions or duties\nbetween the departments, divisions or office of the authority, its\nsubsidiaries, affiliates, and subsidiaries of affiliates; (c) options\nfor potential cost efficiencies and savings that could be achieved\nthrough changes in internal controls and management reforms, functional\nand process streamlining, internal procurement process reforms; (d) the\ntwo thousand fifteen to two thousand nineteen capital plan for cost\noverages and duplication; (e) the development of standardized\nperformance metrics for planning, design, approvals, change orders,\nproject management and delivery; and (f) cash flow and accounting of\nexpenditures of the authority, its subsidiaries, affiliates, and\nsubsidiaries of affiliates for the preceding three fiscal years.\n  2. Such audit shall be completed and submitted to the board no later\nthan January first, two thousand twenty and posted publicly on the\nauthority's website within thirty days of submission to the board. Such\nreviews shall be completed and submitted to the board no later than July\nthirty-first, two thousand nineteen and posted publicly on the\nauthority's website within thirty days of submission to the board.\n  3. The certified independent public accounting firm providing the\nauthority's independent, comprehensive, forensic audit shall adhere to\nthe requirements in paragraphs (a), (b) and (c) of this subdivision;\nprovided, however, the authority may contract with an accounting firm\nnotwithstanding paragraphs (a), (b) and (c) of this subdivision and\nnotwithstanding section twelve hundred seventy-six-c of this title upon\na written determination by the board of the authority which shall detail\nthat such accounting firm was awarded such contract on the basis that no\naccounting firm meets the requirements set forth in paragraphs (a), (b)\nand (c) of this subdivision.\n  (a) Such certified independent public accounting firm shall be\nprohibited from providing audit services to the authority if the audit\npartner having primary responsibility for the audit or the audit partner\nresponsible for reviewing the audit has performed audit services for the\nauthority in any of the five previous fiscal years of the authority.\n  (b) Such certified independent public accounting firm shall be\nprohibited from performing any non-audit services to the authority\ncontemporaneously with the audit, including: (1) bookkeeping or other\nservices related to the accounting records or financial statements of\nsuch authority; (2) financial information systems design and\nimplementation; (3) appraisal or valuation services, fairness opinions,\nor contribution-in-kind reports; (4) actuarial services; (5) internal\naudit outsourcing services; (6) management functions or human services;\n(7) broker or dealer, investment advisor, or investment banking\nservices; and (8) legal services and expert services unrelated to the\naudit.\n  (c) Such certified independent public accounting firm shall be\nprohibited from providing audit services to the authority if an employee\nassigned to the audit has performed audit services for the authority or\nhas been employed by the authority in any of the three previous fiscal\nyears of the authority.\n  4. Within one year of the effective date of this subdivision, the\nauthority shall publish a report detailing the steps it has taken to\nimplement the recommendations of the audit and the reviews, and provide\nestimates of the recurring and non-recurring cost savings and\nefficiencies that have been realized or are anticipated from\nimplementing such recommendations. The authority shall also review its\ntwo thousand twenty to two thousand twenty-four capital plan for cost\noverages and duplication and include its findings in the report. The\nauthority shall publish an additional updated report no later than July\nfirst, two thousand twenty-five.\n  5. To the extent practicable, the findings and recommendations made\npursuant to this section and to section twelve hundred seventy-nine-g of\nthis title shall be incorporated into any twenty-year capital needs\nassessment submitted prior to January first, two thousand twenty-five to\nthe metropolitan transportation authority capital program review board\npursuant to subdivision c of section twelve hundred sixty-nine-c of this\ntitle.\n
N.Y. PBA Law § 1279-E — New York Code / Act PBA / Article 5 / Title 11 / Section 1279-E
Assignment, transfer, sharing or consolidating powers, functions or activities
Status: in_force

§ 1279-e. Assignment, transfer, sharing or consolidating powers,\nfunctions or activities. 1. (a) Notwithstanding any provision of this\ntitle or any other provision of law, general, special or local, the\nauthority shall develop and complete a personnel and reorganization plan\nno later than June thirtieth, two thousand nineteen which shall, in\nwhole or in part, assign, transfer, share, or consolidate any one or\nmore of its powers, duties, functions or activities or any department,\ndivision or office established therewith, or any of those of its\nsubsidiaries, or affiliates or their subsidiaries, within or between\nitself, its subsidiaries or affiliates or their subsidiaries, including,\nbut not limited to the New York City Transit Authority, the Long Island\nRail Road, the Metro North Commuter Railroad Company, MTA Capital\nConstruction, MTA New York City Bus, Triborough bridge and tunnel\nauthority, and the MTA Staten Island Railway, in a manner consistent\nwith the provisions of this section. Such plan shall identify common\nfunctions and assign, transfer, share or consolidate, in whole or in\npart, such functions between the authority and its subsidiaries,\naffiliates and subsidiaries of affiliates and shall be accompanied by an\nindependent evaluation of existing personnel within or between itself,\nits subsidiaries, or affiliates or their subsidiaries in coordination\nwith the authority's senior management. This plan shall be approved by\nthe board of the authority by July thirtieth, two thousand nineteen.\nUpon such approval, the board shall also appoint a director of MTA\ntransformation whose responsibilities shall include implementing the\npersonnel and reorganization plan and reporting directly to the board\nregarding the director's activities.\n  (b) Upon receipt of the review pursuant to section twelve hundred\nseventy-nine-f of this title the authority shall revise the personnel\nand reorganization plan to consider and incorporate the findings of such\nreview within ninety days of receipt. Such revised personnel and\nreorganization plan shall be approved by the board of the authority.\n  2. Such assignment, transfer, sharing, or consolidation pursuant to\nthis section shall occur only if approved by resolution of the board of\nthe authority, serving on behalf of the authority and any affected\nsubsidiary or affiliate or their subsidiary, adopted by not less than a\nmajority vote of the whole number of members of the authority then in\noffice, with the chairman having one additional vote in the event of a\ntie vote.\n  3. Pursuant to this section, any such assigning, transferring,\nsharing, or consolidating of powers, duties, functions or activities\nshall not be authorized where it would impair any rights and remedies of\nany holders of notes, bonds or other obligations issued by the\nauthority, its subsidiaries, or affiliates or their subsidiaries.\nNothing set forth in this section shall be construed to impede, infringe\nor diminish the rights and benefits that accrue to employees and\nemployers through collective bargaining agreements, or impact or change\nan employee's membership in a bargaining unit.\n  4. No consolidation shall result in the complete dissolution or merger\nwithin or between the authority or its subsidiaries, affiliates or their\nsubsidiaries.\n
N.Y. RSS Law § 100 — New York Code / Act RSS / Article 2 / Title 11 / Section 100
Payment of retirement allowances
Status: in_force

§ 100. Payment of retirement allowances.  Retirement allowances shall\nbe payable on the first day of each and every month beginning on the\nfirst day of the month following the effective date of retirement. Upon\nthe death of a retired member, however, the retirement allowance due for\nthat part of the month prior to his death shall be paid forthwith.\n
N.Y. ENV Law § 17-1103 — New York Code / Act ENV / Article 17 / Title 11 / Section 17-1103
Persons other than the state acquire no actionable rights
Status: in_force

§ 17-1103. Persons other than the state acquire no actionable rights.\n  The bases for proceedings or actions resulting from the violations of\nthe prohibitions contained in titles 1 to 11, inclusive, and title 19 of\nthis article inure solely to and are for the benefit of the people\ngenerally of the state of New York, and it is not intended to in any way\ncreate new, or enlarge existing rights of riparian owners or others. A\ndetermination by the department or the commissioner that pollution\nexists or that violations of any such prohibitions have occurred or are\noccurring, whether or not a proceeding or action may be brought by the\nstate, shall create by reason thereof no presumptions of law or findings\nof fact inuring to or for the benefit of persons other than the state.\n
N.Y. PBA Law § 1305-A — New York Code / Act PBA / Article 5 / Title 11-C / Section 1305-A
Filing five year performance, capital and operating finance plans
Status: in_force

§ 1305-a. Filing five year performance, capital and operating finance\nplans. 1. (a) On or before October first, nineteen hundred ninety-four,\nand annually thereafter on or before April first, the authority shall\nadopt an operational performance plan for the five-year period\ncommencing April first. The plan shall set operational performance plan\ngoals and objectives, including but not limited to ridership and\npassenger revenue goals and objectives for the period, for fixed route\nbus operations, and shall establish performance indicators to measure\nstandards of service and operations. The performance indicators shall\ninclude: revenue passengers, total passengers, revenue vehicle miles,\nrevenue vehicle hours, number of employees by department, vehicle mean\ndistance between failures, on-time performance for total service\nprovided, the cost per passenger, the cost per revenue vehicle mile and\nthe operating-revenue-to-cost ratio.\n  (b) Quarterly reports shall be prepared for authority members on\noperating performance of fixed route bus operations. The first such\nreport shall cover the three-month period commencing April first,\nnineteen hundred ninety-five and shall be submitted no later than thirty\ndays after the end of the quarter. Thereafter, quarterly reports shall\nbe submitted on the last day of October, January, April, and July of\neach year. The report shall compare the performance indicators for the\nmost recent quarter and the year-to-date performance indicators with the\nsame time period in the previous year with the annual goals established\npursuant to this subdivision.\n  2. (a) On or before October first, nineteen hundred ninety-four, and\nannually thereafter on or before April first, the authority shall adopt\na capital program plan for the five-year period commencing April first.\nThe plan shall contain the capital program, separately itemized, by the\nfollowing functions: regular fixed route bus service, demand responsive\nbus service, and any aviation facilities and any marine facilities for\nwhich it currently has or shall assume responsibility.\n  (b) The plan shall set goals and objectives by function for capital\nspending, establish standards for service and operation, describe each\ncapital project to be initiated in each of the years covered by the plan\nand explain how each proposed project supports the goals and objectives\nand the service and operational standards established in the performance\nplan. The plan shall list separately by function those projects\ncontributing to the maintenance of the system infrastructure and those\nintended to enhance the system. The plan shall also include an estimated\ncost for each project and set forth an estimate of the amount of capital\nfunding required for each year of the plan and the expected sources of\nsuch funding. It shall also include a project schedule for the\ninitiation and completion of each project. Each plan subsequent to the\nfirst such plan shall describe the current status of each capital\nproject which has a total estimated cost of one hundred thousand dollars\nor more and which was included in the previously adopted plan.\n  (c) In addition to the annual update, a quarterly capital plan status\nreport shall be provided to the authority members and shall include, but\nnot be limited to, a description of any material change in the scope,\ncost, funding or time of initiation or completion of a project which has\na total estimated cost of one hundred thousand dollars or more, as\nadopted in the plan. The first such report shall cover the three-month\nperiod commencing April first, nineteen hundred ninety-five and shall be\nsubmitted no later than thirty days after the end of the quarter.\nThereafter, quarterly reports shall be submitted on the last day of\nOctober, January, April, and July of each year.\n  3. (a) On or before October first, nineteen hundred ninety-four, and\nannually thereafter on or before April first, the authority shall adopt\nan operating finance plan for the five-year period commencing April\nfirst. The plan shall include the annual estimated operating cost for\nthe following authority functions: fixed bus operations, demand\nresponsive bus operations, and any aviation facilities and any marine\nfacilities for which it currently has, or shall assume responsibility.\nThe plan shall include the proposed method of financing for the level of\nservice defined for each year of the plan and shall fully allocate the\nauthority's general costs to each of the above separate functions. The\nplan shall provide a narrative describing the overall financial\ncondition of the operating budget of the authority.\n  (b) In addition to the annual update, quarterly operating budget\nreports shall be prepared for the authority members on the financial\ncondition of each of the authority's functions. The first such report\nshall cover the three-month period commencing April first, nineteen\nhundred ninety-five and shall be submitted no later than thirty days\nafter the end of the quarter. Thereafter, quarterly reports shall be\nsubmitted on the last day of October, January, April, and July of each\nyear. The reports shall include a budgetary comparison of the most\nrecent quarter and year-to-date actual revenue and expenditures with the\nsame time period in the previous year and with the projections for that\ntime period based on the board approved budget. The reporting for fixed\nroute bus operations shall be separate from the reporting for demand\nresponsive bus service.\n  4. Any and all reports, including interim reports, shall be submitted\nto the director of the division of the budget, the commissioner of\ntransportation and the chief executive officers of Albany, Rensselaer,\nSaratoga, and Schenectady counties, the county legislatures of Albany,\nRensselaer, Saratoga, and Schenectady counties, the temporary president\nof the senate, the speaker of the assembly, the chairpersons of the\nsenate finance committee and the assembly ways and means committee, and\nthe chairpersons of the senate and assembly transportation committees.\n