N.Y. SOS Law § 367-R — New York Code / Act SOS / Article 5 / Title 11 / Section 367-R
Private duty nursing services worker recruitment and retention program
Status: in_force

§ 367-r. Private duty nursing services worker recruitment and\nretention program. 1. (a) The commissioner of health, with the approval\nof the director of the budget, shall establish fees for the\nreimbursement of private duty nursing services.\n  (b) The commissioner of health shall, subject to the provisions of\nparagraph (b) of subdivision two of this section and to the availability\nof federal financial participation, increase medical assistance rates of\npayment by three percent for services provided on and after December\nfirst, two thousand two, for private duty nursing services for the\npurposes of improving recruitment and retention of private duty nurses.\n  2. Medically fragile children and medically fragile adults. (a) In\naddition, the commissioner shall further increase rates for private duty\nnursing services that are provided to medically fragile children to\nensure the availability of such services to such children. Furthermore,\nno later than sixty days after the effective date of the chapter of the\nlaws of two thousand twenty-two that amended this subdivision, increased\nrates shall be extended for private duty nursing services provided to\nmedically fragile adults. In establishing rates of payment under this\nsubdivision, the commissioner shall consider the cost neutrality of such\nrates as related to the cost effectiveness of caring for medically\nfragile children and medically fragile adults in a non-institutional\nsetting as compared to an institutional setting. Medically fragile\nchildren shall, for the purposes of this subdivision, have the same\nmeaning as in subdivision three-a of section thirty-six hundred fourteen\nof the public health law. For purposes of this subdivision, "medically\nfragile adult" shall be defined as including but not limited to any\nindividual who previously qualified as a medically fragile child but no\nlonger meets the age requirement. Such increased rates for services\nrendered to such children and adults may take into consideration the\nelements of cost, geographical differentials in the elements of cost\nconsidered, economic factors in the area in which the private duty\nnursing service is provided, costs associated with the provision of\nprivate duty nursing services to medically fragile children and\nmedically fragile adults, and the need for incentives to improve\nservices and institute economies and such increased rates shall be\npayable only to those private duty nurses who can demonstrate, to the\nsatisfaction of the department of health, satisfactory training and\nexperience to provide services to such children and medically fragile\nadults. Such increased rates shall be determined based on application of\nthe case mix adjustment factor for AIDS home care program services rates\nas determined pursuant to applicable regulations of the department of\nhealth. The commissioner may promulgate regulations to implement the\nprovisions of this subdivision.\n  (b) Private duty nursing services providers which have their rates\nadjusted pursuant to paragraph (b) of subdivision one of this section\nand paragraph (a) of this subdivision shall use such funds solely for\nthe purposes of recruitment and retention of private duty nurses or to\nensure the delivery of private duty nursing services to medically\nfragile children and medically fragile adults and are prohibited from\nusing such funds for any other purpose. Funds provided under paragraph\n(b) of subdivision one of this section and paragraph (a) of this\nsubdivision are not intended to supplant support provided by a local\ngovernment. Each such provider, with the exception of self-employed\nprivate duty nurses, shall submit, at a time and in a manner to be\ndetermined by the commissioner of health, a written certification\nattesting that such funds will be used solely for the purpose of\nrecruitment and retention of private duty nurses or to ensure the\ndelivery of private duty nursing services to medically fragile children\nand medically fragile adults. The commissioner of health is authorized\nto audit each such provider to ensure compliance with the written\ncertification required by this subdivision and shall recoup all funds\ndetermined to have been used for purposes other than recruitment and\nretention of private duty nurses or the delivery of private duty nursing\nservices to medically fragile children and medically fragile adults.\nSuch recoupment shall be in addition to any other penalties provided by\nlaw.\n  (c) The commissioner of health shall, subject to the provisions of\nparagraph (b) of this subdivision, and the provisions of subdivision\nthree of this section, and subject to the availability of federal\nfinancial participation, annually increase fees for the fee-for-service\nreimbursement of private duty nursing services provided to medically\nfragile children by fee-for-service private duty nursing services\nproviders who enroll and participate in the provider directory pursuant\nto subdivision three of this section, over a period of three years,\ncommencing October first, two thousand twenty, by one-third annual\nincrements, until such fees for reimbursement equal the final benchmark\npayment designed to ensure adequate access to the service. In developing\nsuch benchmark the commissioner of health may utilize the average two\nthousand eighteen Medicaid managed care payments for reimbursement of\nsuch private duty nursing services. The commissioner may promulgate\nregulations to implement the provisions of this paragraph.\n  (d) The commissioner of health shall, subject to the provisions of\nparagraph (b) of this subdivision, and the provisions of subdivision\nthree of this section, and subject to the availability of federal\nfinancial participation, increase fees for the fee-for-service\nreimbursement of private duty nursing services provided to medically\nfragile adults by fee-for-service private duty nursing services\nproviders who enroll and participate in the provider directory pursuant\nto subdivision three of this section, no later than sixty days after the\neffective date of the chapter of the laws of two thousand twenty-two\nthat amended this subdivision, so such fees for reimbursement equal the\nbenchmark payment designed to ensure adequate access to the service. In\ndeveloping such benchmark the commissioner of health may utilize the\naverage two thousand twenty Medicaid managed care payments for\nreimbursement of such private duty nursing services. The commissioner\nmay promulgate regulations to implement the provisions of this\nparagraph.\n  3. Provider directory for fee-for-service private duty nursing\nservices provided to medically fragile children and medically fragile\nadults. The commissioner of health is authorized to establish a\ndirectory of qualified providers for the purpose of promoting the\navailability and ensuring delivery of fee-for-service private duty\nnursing services to medically fragile children and medically fragile\nadults. Qualified providers enrolling in the directory shall ensure the\navailability and delivery of and shall provide such services to those\nindividuals as are in need of such services, and shall receive increased\nreimbursement for such services pursuant to paragraphs (c) and (d) of\nsubdivision two of this section. The directory shall offer enrollment to\nall private duty nursing services providers to promote and ensure the\nparticipation in the directory of all nursing services providers\navailable to serve medically fragile children and medically fragile\nadults.\n
N.Y. SOS Law § 368-F — New York Code / Act SOS / Article 5 / Title 11 / Section 368-F
Reimbursement of costs under the early intervention program
Status: in_force

§ 368-f. Reimbursement of costs under the early intervention program.\n1. The department shall review claims for expenditures made by or on\nbehalf of social services districts for the administration of the early\nintervention program as established under title II-A of article\ntwenty-five of the public health law. If approved by the department,\npayment for such expenditures, which were made in accordance with this\ntitle and the regulations of the department, shall be made by payment to\nsuch district, which incurred the expenditure, either directly or by\ncontract, of the amount of any federal funds properly received or to be\nreceived on account of such expenditures.\n  2. Claims for payment under this section shall be made in such form\nand manner, at such times, and for such periods as the department may\nrequire.\n  3. The department's liability for payment for such administrative\nexpenditures made by or on behalf of districts under this section shall\nbe limited solely to payment of the federal funds received, or to be\nreceived, on account of such expenditures. In the event of any\nsubsequent disallowances or recoupment of such funds by a federal\ngovernmental agency, upon notification by the commissioner, the\ncomptroller shall withhold or cause to be withheld the amount of such\ndisallowance or recoupment from any moneys otherwise due the district,\nas state aid pursuant to any provision of law, and the comptroller shall\ntransfer such amount to the credit of the department of social services\nmedical assistance administration program - local assistance account.\n
N.Y. ENV Law § 15-1107 — New York Code / Act ENV / Article 15 / Title 11 / Section 15-1107
Plans; approval; changes, modifications and rescission
Status: in_force

§ 15-1107. Plans; approval; changes, modifications and rescission.\n  1. Plans submitted pursuant to section 15-1105:\n  a. Shall in all cases be so drawn and of such scope as is best\ncalculated to assure prompt or orderly development of the water\nresources for the beneficial use of the people of the region involved\nand of the state as a whole;\n  b. Shall show the available and feasible sites for the installation\nand operation of protective, conservation and regulatory works, and the\nbenefits estimated to be derived from such installation and operation.\nThe plan or plans shall be accompanied by such maps, profiles and other\ndata and descriptions as will set forth and show the location and\ncharacter of the works and of the property required to be taken for or\nto be damaged by such installation or operation or for the protection\nand maintenance of the works to be installed, together with an estimate\nof the cost thereof;\n  c. Shall estimate the minimum annual amount of water which would be\navailable for all purposes if the plan or plans were to be put in\noperation;\n  d. Shall not, in the computations of water estimated to become\navailable as a result of the execution of the plan or plans, include any\namount of water, the use of which has theretofore been duly acquired or\nauthorized pursuant to approval, license, permit or other official\nsanction;\n  e. Shall, whenever feasible and economically justified, provide for\nthe storage of sufficient water for distribution and use for all the\npurposes and uses contemplated by this article;\n  f. Shall not include in any plan or plans, any proposal or project\nproviding for any action or steps which would impair or diminish any\nright protected by section 15-1113;\n  g. Shall list possible sources of income, including the sale of water,\nfrom the operation of such works, and estimate the amount thereof; and\n  h. Shall recommend whether the plan or plans should be carried out as\na single or multiple stage project, and shall also recommend an agency,\nexisting or proposed, to undertake the project.\n  2. Upon receipt of a plan from the board, the department shall cause\npublic notice to be given that on a day therein named it will hold a\npublic hearing at such a place as is specified in the notice and within\nthe region covered by the plan, for the purpose of hearing all persons,\npublic corporations and agencies of the state which may be affected by\nthe plan. Such notice shall be published pursuant to subdivision 1 of\nsection 15-0903. In addition to such publication, the department shall\ngive written notice of the public hearing, as required by subdivision 3\nof section 15-1103, and may give written notice thereof to additional\npersons, public corporations or agencies of the state, as authorized by\nsuch subdivision. At any time prior to the day specified in such notice,\nspecified objections in writing to the plan or parts thereof may be\nfiled in the office of the department. The department shall, upon the\nday specified in the notice, or upon such subsequent day or days to\nwhich it may adjourn the hearing, proceed to take testimony and proof\nand to hear arguments submitted in support of and in opposition to the\nplan, but no objectors shall be heard unless they have filed written\nobjections as authorized by this section. At the close of the hearing,\nthe department may fix a date or dates for the filing of briefs.\n  3. The department within ninety days after the last date fixed for the\nfiling of briefs and with all convenient speed shall render its\ndecision. The department, upon the proofs and evidence submitted at the\npublic hearing:\n  a. Shall determine whether the plan as proposed by the board conforms\nto and complies with the purposes of title 11 of this article and would\nserve the public interest and benefit, or whether it should be modified\nin any respect, detail or part to accomplish such purposes;\n  b. Shall determine whether the plan as proposed by the board\ninterferes or conflicts with the plans of any other regional water\nresources planning board, and would be just and equitable to the\ninterests of other areas of the state;\n  c. Shall approve such plan as submitted by the board or as modified by\nthe department; or shall disapprove the plan; or shall remit the\nproposal to the board for further investigation, study, survey and\nplanning; and\n  d. Shall recommend with public corporations, private corporations or\nagencies of the state, existing or proposed, would, in its opinion, be\nbest qualified to carry out expeditiously and efficiently the project\nproposed by the plan, as approved by the department, and to construct,\nmaintain and operate the works in connection therewith. If the\ndepartment recommends that a new public corporation or state agency\nshould be established for such purposes, it shall transmit a\nrecommendation to the legislature and the Governor for the enactment of\nlegislation to create and establish such body or agency, or to grant\nauthority to existing public corporations or state agencies.\n  4. Upon the filing of the departments decision or, in the event such\ndecision is reviewed in the manner provided by article seventy-eight of\nthe Civil Practice Law and Rules, upon the final determination of such\nreview proceeding, the plan as approved by the department or as approved\nor modified by the court in a review proceeding, shall be the general\nplan for the conservation, development and utilization of the water\nresources of the region, and such general plan shall be given\nconsideration by the department in any future application before it and\nover which it has jurisdiction by virtue of this article or other\nprovision of law. None of the works or projects, included in the general\nplan, nor any part or parts thereof shall be undertaken, constructed or\nput into operation until detailed and specific maps and plans therefor\nhave been submitted to the department for approval upon the petition of\nan agency authorized to undertake or construct such works or projects or\nparts thereof. The department shall determine, after public hearing, if\nthe detailed and specific plan before it for approval conforms to and is\nconsistent with the general plan, and whether it is in the public\ninterest to undertake the construction and operation of the works or\nprojects as proposed. The department shall have the power to approve or\ndisapprove the detailed and specific maps and plans, or to so modify\nthem as will, on the evidence presented, bring them into conformity with\nthe general plan.\n  5. Any municipality or combination of municipalities may, except as\nprovided in subdivision 7 of section 15-1103, file with the department a\nverified petition requesting the department to modify, change or rescind\nany general plan approved by it. The petition shall set forth the facts\non which the petitioner or petitioners rely to show that it is necessary\nand would be in the public interest to change or modify such plan as\nrequested in the petition, or to rescind such plan. Upon receipt of such\na petition, the department shall give public notice of hearing, shall\ngive written notice of hearing to parties and persons, shall hold a\npublic hearing on such petition, and shall take testimony and proof, in\nthe same manner as if the department were holding a public hearing on\nthe original submission of the plan which such petition seeks to change,\nmodify or rescind. The department, within ninety days after the last\ndate fixed for the filing of briefs and with all convenient speed, shall\nrender its decision changing, modifying or rescinding such plan, or\ndenying the petition, as the public interest shall require.\n  6. The department may, on its own motion, initiate proceedings to\nchange, modify or rescind any approved plan. The proceedings and\nprocedure with respect to any such proposal, including notice, hearing\nand judicial review, shall be the same as in the case of a petition for\nchange, modification or rescission of a plan.\n  7. Except as hereinafter in this subdivision provided, the provisions\nof sections 15-1109 and 15-1111 shall apply to the sharing and\napportionment of costs and expenses incurred by the department under\nthis section. In any case where an application under this section is\nfiled with respect to any plan by any municipality or municipalities\noutside of the region specified in such plan, the share of the\ndepartment costs and expenses which would otherwise be paid by the\ncounty or counties of such region, shall be paid by such municipality or\nmunicipalities.\n
N.Y. PBA Law § 1264-A — New York Code / Act PBA / Article 5 / Title 11 / Section 1264-A
State of emergency; boarding of a commuter transportation by domestic companion animals
Status: in_force

§ 1264-a. State of emergency; boarding of a commuter transportation by\ndomestic companion animals. 1. For the purposes of this section:\n  (a) "Commuter transportation" means commuter transportation, and other\nrelated services and facilities, operated by the authority or any of its\nsubsidiaries, including but not limited to such transportation by\nrailroad, omnibus, marine and air, in accordance with this title.\n  (b) "Domestic companion animal" means a companion animal or pet as\ndefined in section three hundred fifty of the agriculture and markets\nlaw and shall also mean any other domesticated animal normally\nmaintained in or near the household of the owner or person who cares for\nsuch other domesticated animal. "Pet" or "companion animal" shall not\ninclude a "farm animal", as defined in section three hundred fifty of\nthe agriculture and markets law.\n  2. (a) In the event that a state of emergency has been declared and an\nevacuation of any region of the state is in progress, the owner of a\ndomestic companion animal shall be permitted to board any commuter\ntransportation with such domestic companion animal so long as that\nanimal is under the owner's control by use of a leash or tether, or is\nproperly confined in an appropriate container or by other suitable\nmeans, provided that such boarding is authorized by and consistent with\nthe provisions of state disaster emergency plans or local state of\nemergency plans pertaining to the needs of animals and individuals with\nan animal under their care. The provisions of this section shall only\napply to the owners of domestic companion animals who are evacuating\nfrom a region of the state affected by an emergency or disaster, or a\nlocal state of emergency, as defined in section twenty-four of the\nexecutive law.\n  (b) A domestic companion animal may be refused permission to board any\ncommuter transportation, even if the animal is under the owner's control\nor properly confined in accordance with this subdivision if there is\nreasonable cause to believe that, due to attendant circumstances,\npermitting the animal to board would pose a health or safety hazard.\n  3. All passengers with service animals shall be given priority seating\non all means of transportation regulated by this title in accordance\nwith the federal "Americans with Disabilities Act of 1990" (42 U.S.C.\ns.12101 et seq.). For the purposes of this section, "service animal"\nshall have the same meaning as set forth in the federal "Americans with\nDisabilities Act of 1990" (42 U.S.C. s.12101 et seq.) and any\nregulations under such act.\n  4. All passengers on any commuter transportation shall be provided\nseating before a domestic companion animal may be placed in a seat.\n  5. The authority is authorized to promulgate and enforce such rules\nand regulations as shall be necessary for the implementation of this\nsection.\n
N.Y. PBA Law § 1269-A — New York Code / Act PBA / Article 5 / Title 11 / Section 1269-A
Metropolitan transportation authority capital program review board
Status: in_force

§ 1269-a. Metropolitan transportation authority capital program review\nboard. 1. The metropolitan transportation authority capital program\nreview board is hereby created to exercise the powers, duties and\nprerogatives as hereinafter provided in sections twelve hundred\nsixty-nine-b and twelve hundred sixty-nine-c of this title.\n  2. The voting membership of the board shall consist of four persons\nappointed by the governor of which one shall be upon the recommendation\nof the temporary president of the senate, one upon the recommendation of\nthe speaker of the assembly and one upon the recommendation of the mayor\nof the city of New York. The member appointed upon the recommendation of\nthe mayor of the city of New York shall participate and be entitled to\nvote only with respect to bond resolutions and the capital program plans\nand any amendments or modifications thereof for transit facilities\noperated by the New York city transit authority, its subsidiaries and\nthe Staten Island rapid transit operating authority.  Upon\nrecommendation of the nominating party, the governor may replace any\nmember in accordance with the provision contained herein for the\nappointment of members. The governor shall designate one of the members\nto serve as chairman. Any determination of the board shall be evidenced\nby a certification thereof executed by all the members entitled to vote\non the matter so certified. Each member of the board shall be entitled\nto designate a representative to attend meetings of the board in his\nplace and to vote or otherwise act on his behalf in his absence. Notice\nof such designation shall be furnished in writing to the board by the\ndesignating member. A representative shall serve at the pleasure of the\ndesignating member during the member's term of office. A representative\nshall not be authorized to delegate any of his duties or functions to\nany other person.\n  3. The governor shall also appoint two non-voting members to the\nmetropolitan transportation authority capital program review board of\nwhich one shall be upon the recommendation of the minority leader of the\nsenate and one upon the recommendation of the minority leader of the\nassembly. Each non-voting member shall be entitled to designate a\nrepresentative to attend meetings of the board in his place.\n  4. The members of the metropolitan transportation authority capital\nprogram review board, and their representatives shall be deemed\nemployees within the meaning of such term as provided for in section\nseventeen of the public officers law.\n
N.Y. SOS Law § 365-F — New York Code / Act SOS / Article 5 / Title 11 / Section 365-F
Consumer directed personal assistance program
Status: in_force

§ 365-f. Consumer directed personal assistance program. 1. Purpose and\nintent. The consumer directed personal assistance program is intended to\npermit chronically ill and/or physically disabled individuals receiving\nhome care services under the medical assistance program greater\nflexibility and freedom of choice in obtaining such services. The\ndepartment shall regularly monitor district participation in the program\nby reviewing the implementation plans submitted pursuant to this\nsection. The department shall provide guidance to the districts to\nimprove compliance with implementation plans and promote consistency\namong counties regarding approved service levels based on the\nassessments required by this section. In addition, the department shall\nprovide technical assistance and such other assistance as may be\nnecessary to assist such districts in assuring access to the program for\neligible individuals.\n  2. Eligibility.  All eligible individuals receiving home care shall\nhave the opportunity to apply for participation in the program no less\nthan annually. Each social services district shall file an\nimplementation plan with the commissioner of the department of health,\nwhich shall be updated annually. Such updates shall be submitted no\nlater than November thirtieth of each year. Beginning on June thirtieth,\ntwo thousand nine, the plans and updates submitted by districts shall\nrequire the approval of the department. Implementation plans shall\ninclude district enrollment targets, describe methods for the provision\nof notice and assistance to interested individuals eligible for\nenrollment in the program, and shall contain such other information as\nshall be required by the department. An "eligible individual", for\npurposes of this section is a person who:\n  (a) is eligible for long term care and services provided by a\ncertified home health agency, long term home health care program or AIDS\nhome care program authorized pursuant to article thirty-six of the\npublic health law, or is eligible for personal care services provided\npursuant to this article, and who with the provision of such services is\ncapable of safely remaining in the community in accordance with the\nstandards set forth in Olmstead v. LC by Zimring, 527 US 581 (1999) and\nconsider whether an individual is capable of safely remaining in the\ncommunity;\n  (b) is eligible for medical assistance;\n  (c) has been determined by the social services district, pursuant to\nan assessment of the person's appropriateness for the program, conducted\nwith an appropriate long term home health care program, a certified home\nhealth agency, or an AIDS home care program or pursuant to the personal\ncare program, as being in need of home care services or private duty\nnursing and as needing at least limited assistance with physical\nmaneuvering with more than two activities of daily living, or for\npersons with a dementia or Alzheimer's diagnosis, as needing at least\nsupervision with more than one activity of daily living, provided that\nthe provisions related to activities of daily living in this paragraph\nshall only apply to persons who initially seek eligibility for the\nprogram on or after October first, two thousand twenty, and who is able\nand willing or has a designated representative, including a legal\nguardian able and willing to make informed choices, or a designated\nrelative or other adult who is able and willing to assist in making\ninformed choices, as to the type and quality of services, including but\nnot limited to such services as nursing care, personal care,\ntransportation and respite services; and\n  (d) meets such other criteria, as may be established by the\ncommissioner, which are necessary to effectively implement the\nobjectives of this section.\n  3. Division of responsibilities. Eligible individuals who elect to\nparticipate in the program assume the responsibility for services under\nsuch program as mutually agreed to by the eligible individual and\nprovider and as documented in the eligible individual's record,\nincluding, but not limited to, recruiting, hiring and supervising their\npersonal assistants. For the purposes of this section, personal\nassistant shall mean an adult who has obtained an individual unique\nidentifier from the state by or before a date determined by the\ncommissioner of health in consultation with the Medicaid inspector\ngeneral, and provides services under this section to the eligible\nindividual under the eligible individual's instruction, supervision and\ndirection or under the instruction, supervision and direction of the\neligible individual's designated representative, provided that a person\nlegally responsible for an eligible individual's care and support, an\neligible individual's spouse or designated representative may not be the\npersonal assistant for the eligible individual; however, a personal\nassistant may include any other adult relative of the eligible\nindividual, provided, however, that the program determines that the\nservices provided by such relative are consistent with an individual's\nplan of care and that the aggregate cost for such services does not\nexceed the aggregate costs for equivalent services provided by a\nnon-relative personal assistant. Any personal information submitted to\nobtain such unique identifier shall be maintained as confidential\npursuant to article six-A of the public officers law ("New York state\nprivacy protection law"). Such individuals shall be assisted as\nappropriate with service coverage, supervision, advocacy and management.\nProviders shall not be liable for fulfillment of responsibilities agreed\nto be undertaken by the eligible individual. This subdivision, however,\nshall not diminish the participating provider's liability for failure to\nexercise reasonable care in properly carrying out its responsibilities\nunder this program, which shall include monitoring such individual's\ncontinuing ability to fulfill those responsibilities documented in his\nor her records. Failure of the individual to carry out his or her agreed\nto responsibilities may be considered in determining such individual's\ncontinued appropriateness for the program.\n  4-a. Fiscal intermediary services. (a) For the purposes of this\nsection:\n  (i) "Statewide fiscal intermediary" means an entity that provides\nfiscal intermediary services and has a contract for providing such\nservices with the department of health and is selected through the\nprocurement process described in paragraph (b) of this subdivision.\n  (ii) Fiscal intermediary services shall include the following\nservices, performed on behalf of the consumer to facilitate the\nconsumer's role as the employer:\n  (A) wage and benefit processing for consumer directed personal\nassistants;\n  (B) processing all income tax and other required wage withholdings;\n  (C) complying with workers' compensation, disability and unemployment\nrequirements;\n  (D) maintaining personnel records for each consumer directed personal\nassistant, including time records and other documentation needed for\nwages and benefit processing and a copy of the medical documentation\nrequired pursuant to regulations established by the commissioner;\n  (E) ensuring that the health status of each consumer directed personal\nassistant is assessed prior to service delivery pursuant to regulations\nissued by the commissioner;\n  (F) maintaining records of service authorizations or reauthorizations;\n  (G) monitoring the consumer's or, if applicable, the designated\nrepresentative's continuing ability to fulfill the consumer's\nresponsibilities under the program and promptly notifying the\nauthorizing entity of any circumstance that may affect the consumer's\nor, if applicable, the designated representative's ability to fulfill\nsuch responsibilities;\n  (H) complying with regulations established by the commissioner\nspecifying the responsibilities of fiscal intermediaries providing\nservices under this title;\n  (I) entering into a department approved memorandum of understanding\nwith the consumer that describes the parties' responsibilities under\nthis program; and\n  (J) other related responsibilities which may include, as determined by\nthe commissioner, assisting consumers to perform the consumers'\nresponsibilities under this section and department regulations in a\nmanner that does not infringe upon the consumer's responsibilities and\nself-direction.\n  (ii-a) The commissioner shall require any managed care plans, managed\nlong-term care plans, local social service districts, and other\nappropriate long-term service programs offering consumer directed\npersonal assistance services to contract with the statewide fiscal\nintermediary set forth in subparagraph (i) of this paragraph to provide\nall fiscal intermediary services to consumers.\n  (ii-b) The statewide fiscal intermediary shall subcontract to\nfacilitate the delivery of fiscal intermediary services to an entity\nthat is a service center for independent living under section one\nthousand one hundred twenty-one of the education law that has been\nproviding fiscal intermediary services since January first, two thousand\ntwenty-four or earlier. The statewide fiscal intermediary shall further\nsubcontract to facilitate the delivery of fiscal intermediary services\nwith at least one entity per rate setting region that has a proven\nrecord of delivering services to individuals with disabilities and the\nsenior population, and has been providing fiscal intermediary services\nsince January first, two thousand twelve; provided that such\nsubcontractor shall be required to provide any delegated fiscal\nintermediary services with cultural and linguistic competency specific\nto the population of consumers and those of the available workforce, and\nshall comply with the requirements for registration as a fiscal\nintermediary set forth in subdivision four-a-one of this section. For\npurposes of this section, "delegated fiscal intermediary services" are\ndefined as fiscal intermediary services as set forth in subparagraph\n(ii) of paragraph (a) of this subdivision that the statewide fiscal\nintermediary includes in a subcontract and which shall include services\ndesigned to meet the needs of consumers of the program, which may\ninclude assisting consumers with navigation of the program by providing\nindividual consumer assistance and support as needed, consumer peer\nsupport, and education and training to consumers on their duties under\nthe program.\n  (ii-c) The statewide fiscal intermediary shall be responsible for\npayment to subcontractors for delegated fiscal intermediary services.\nThe payment shall not require a certification by the commissioner if\npayments are reasonably related to the costs of efficient delivery of\nsuch services.\n  (iii) Fiscal intermediaries are not responsible for, and fiscal\nintermediary services shall not include, fulfillment of the\nresponsibilities of the consumer or, if applicable, the consumer's\ndesignated representative as established by the commissioner. A fiscal\nintermediary's responsibilities shall not include, and a fiscal\nintermediary shall not engage in: managing the plan of care including\nrecruiting and hiring a sufficient number of individuals who meet the\ndefinition of consumer directed personal assistant, as such term is\ndefined by the commissioner, to provide authorized services that are\nincluded on the consumer's plan of care; training, supervising and\nscheduling each consumer directed personal assistant; terminating the\nconsumer directed personal assistant's employment; or assuring that each\nconsumer directed personal assistant competently and safely performs the\npersonal care services, home health aide services and skilled nursing\ntasks that are included on the consumer's plan of care. A fiscal\nintermediary shall exercise reasonable care in properly carrying out its\nresponsibilities under the program.\n  (b) Notwithstanding section one hundred sixty-three of the state\nfinance law, section one hundred twelve of the state finance law, or\nsection one hundred forty-two of the economic development law the\ncommissioner shall enter into a contract under this subdivision with an\neligible contractor that submits an offer for a contract, provided,\nhowever, that:\n  (i) the department shall post on its website:\n  (A) a description of the proposed statewide fiscal intermediary\nservices to be provided pursuant to a contract in accordance with this\nsubdivision;\n  (B) the criteria for selection of the statewide fiscal intermediary,\nwhich shall include at a minimum that the eligible contractor is capable\nof performing statewide fiscal intermediary services with demonstrated\ncultural and language competencies specific to the population of\nconsumers and those of the available workforce, has experience serving\nindividuals with disabilities, and as of April first, two thousand\ntwenty-four is providing services as a fiscal intermediary on a\nstatewide basis with at least one other state;\n  (C) the manner by which prospective contractors may seek such\nselection, which may include submission by electronic means;\n  (ii) all offers that are received from prospective contractors in a\ntimely fashion and that meet the criteria set forth in clause (B) of\nsubparagraph (i) of this paragraph shall be reviewed by the\ncommissioner; and\n  (iii) the commissioner shall award such contract to the contractor\nthat meets the criteria for selection and offers the best value for\nproviding the services required pursuant to this section and the needs\nof consumers.\n  (c) (i) The commissioner shall require a fiscal intermediary to report\nannually on the direct care and administrative costs of personal\nassistance services as accounted for by the fiscal intermediary. The\ndepartment shall specify the format of such reports, determine the type\nand amount of information to be submitted, and require the submission of\nsupporting documentation, provided, however, that the department shall\nprovide no less than ninety calendar days' notice before such reports\nare due.\n  (ii) If the department determines that the cost report submitted by a\nprovider is inaccurate or incomplete, the department shall notify the\nprovider in writing and advise the provider of the correction or\nadditional information that the provider must submit. The provider must\nsubmit the corrected or additional information within thirty calendar\ndays from the date the provider receives the notice.\n  (iii) The department shall grant a provider an additional thirty\ncalendar days to submit the original, corrected or additional cost\nreport when the provider, prior to the date the report is due, submits a\nwritten request to the department for an extension and establishes to\nthe department's satisfaction that the provider cannot submit the report\nby the date due for reasons beyond the provider's control.\n  (iv) All reports shall be certified by the owner, administrator, chief\nexecutive officer, or public official responsible for the operation of\nthe provider. The cost report form shall include a certification form,\nwhich shall specify who must certify the report.\n  4-a-1. (a) Fiscal intermediary registration. Except for the statewide\nfiscal intermediary and its subcontractors, as of April first, two\nthousand twenty-five, no entity shall provide, directly or through\ncontract, fiscal intermediary services. All subcontractors of the\nstatewide fiscal intermediary, shall register with the department within\nthirty days of being selected as a subcontractor.\n  (b) In selecting its subcontractors, the statewide fiscal intermediary\nshall consider demonstrated compliance with all applicable federal and\nstate laws and regulations, including but not limited to, marketing and\nlabor practices, cost reporting, and electronic visit verification\nrequirements.\n  4-b. Actions involving the registration of a fiscal intermediary.\n  (a) A fiscal intermediary's registration may be revoked, suspended,\nlimited, or annulled by the commissioner upon thirty days' written\nnotice to the fiscal intermediary, if the commissioner finds that the\nfiscal intermediary has failed to comply with the provisions of this\nsection or regulations promulgated hereunder.\n  (b) The commissioner may issue orders and take other actions as\nnecessary and appropriate to prohibit and prevent the provision of\nfiscal intermediary services by an unregistered entity.\n  (c) All orders or determinations under this subdivision shall be\nsubject to review as provided in article seventy-eight of the civil\npractice law and rules.\n  4-c. The commissioner shall convene and chair a stakeholder workgroup\npertaining to fiscal intermediary services and the needs of consumers.\nThe workgroup shall consist of, at a minimum, representatives of service\ncenters for independent living; statewide associations of fiscal\nintermediaries; representatives of managed care entities under article\nforty-four of the public health law and local social service districts;\nconsumers; and representatives of advocacy groups representing consumers\nof services under this section. The workgroup shall be established no\nlater than May fifteenth, two thousand nineteen. The workgroup shall\nidentify and develop best practices pertaining to the delivery of fiscal\nintermediary services; inform the criteria for use by the department for\nthe selection of entities under subdivision four-a of this section;\nidentify whether services differ for certain consumers and under what\ncircumstances; inform criteria in relation to the development of quality\nreporting requirements; and work with the department to develop\ntransition plans for consumers that may need to transition to another\nfiscal intermediary.\n  4-d. Fiscal intermediaries ceasing operation. (a) Where a fiscal\nintermediary is ceasing operation or will no longer serve the consumer's\narea, the fiscal intermediary shall:\n  (i) deliver written notice forty-five calendar days in advance to the\naffected consumers, consumer representatives, personal assistants, the\ndepartment, and any local social services districts or managed care\nplans with which the fiscal intermediary contracts. Within five business\ndays of receipt of the notice, the local social services district or\nmanaged care plan shall acknowledge the notice and provide the affected\nconsumers with a list of other fiscal intermediaries operating in the\nsame county or managed care plan network as appropriate;\n  (ii) not take any action that would prevent a personal assistant from\nmoving to a new fiscal intermediary of the consumer's choice, nor\nrequire the consumer or the personal assistant to switch to a personal\ncare or home health care program not under this section; and\n  (iii) upon request and consent, promptly transfer all records relating\nto the individual's health and care authorizations, and personnel\ndocuments to the fiscal intermediary or personal care or home health\ncare provider chosen by the consumer and assume all liability for\nomissions or errors in such records.\n  (b) Where a consumer is electing to transfer his or her services to a\nnew fiscal intermediary or a personal care or home health care provider\nby the consumer's independent choice, the fiscal intermediary being\ndiscontinued shall comply with subparagraphs (ii) and (iii) of paragraph\n(a) of this subdivision.\n  (c) Where a fiscal intermediary is suspending or ceasing operation\npursuant to an order under subdivision four-b of this section, or has\nfailed to submit an offer for a contract, or has been denied a contract\nunder this section, all the provisions of this subdivision shall apply\nexcept subparagraph (i) of paragraph (a) of this subdivision, notice of\nwhich to all parties shall be provided by the department as appropriate.\n  (e) The local social services district or managed care plan, as\nappropriate, shall supervise the transition of services and transfer of\nrecords and maintain provision of services by the personal assistant(s)\nchosen by the individual.\n  (f) Any transfer under this subdivision shall not diminish any of an\nindividual's rights relating to continuity of care, utilization review\nor fair hearing appeals and aid continuing.\n  5. Waivers, regulation and effectiveness.\n  (a) The commissioner may, subject to the approval of the director of\nthe budget, file for such federal waivers as may be needed for the\nimplementation of the program.\n  (b) Notwithstanding any other provision of law, the commissioner is\nauthorized to waive any provision of section three hundred sixty-seven-b\nof this title related to payment and may promulgate regulations\nnecessary to carry out the objectives of the program including minimum\nsafety, and health and immunization criteria and training requirements\nfor personal assistants, and which describe the responsibilities of the\neligible individuals in arranging and paying for services and the\nprotections assured such individuals if they are unable or no longer\ndesire to continue in the program, the fiscal intermediary registration\nprocess, standards, and time frames, and those regulations necessary to\nensure adequate access to services.\n  6. Notwithstanding any inconsistent provision of this section or any\nother contrary provision of law, managed care programs established\npursuant to section three hundred sixty-four-j of this title and managed\nlong term care plans and other care coordination models established\npursuant to section four thousand four hundred three-f of the public\nhealth law shall offer consumer directed personal assistance programs to\nenrollees.\n  7. This section shall be effective if, to the extent that, and as long\nas, federal financial participation is available for expenditures\nincurred under this section.\n  8. Subject to the availability of federal financial participation, the\nprovisions of this section governing consumer directed personal\nassistance services shall also apply to such services when offered under\nthe home and community-based attendant services and supports state plan\noption (Community First Choice) pursuant to 42 U.S.C. § 1396n(k).\n  9. Notwithstanding any contrary provision of law and subject to the\navailability of federal financial participation, for periods on and\nafter April first, two thousand fourteen, the commissioner is authorized\nto make temporary periodic lump-sum Medicaid payments to fiscal\nintermediaries principally engaged in providing consumer directed\npersonal assistance services to Medicaid patients, in accordance with\nthe following:\n  (a) eligible fiscal intermediaries shall include:\n  (i) providers undergoing closure or substantial reduction in the\nvolume of care;\n  (ii) providers impacted by the closure of other health care providers;\n  (iii) providers subject to mergers, acquisitions, consolidations or\nrestructuring;\n  (iv) providers impacted by the merger, acquisition, consolidation or\nrestructuring of other health care providers;\n  (v) providers seeking to ensure that access to care is maintained or\nincreased; or\n  (vi) on or after January first, two thousand fifteen, providers\nimpacted by changes to the Fair Labor Standards Act requiring overtime\npay for personal assistants working in excess of forty hours per week.\n  (b) providers seeking Medicaid payments under this subdivision shall\ndemonstrate through submission of a written proposal to the commissioner\nthat the additional resources provided by such Medicaid payments will\nachieve one or more of the following:\n  (i) protect or enhance access to care;\n  (ii) protect or enhance quality of care;\n  (iii) improve the cost effectiveness of the delivery of health care\nservices; or\n  (iv) otherwise protect or enhance the health care delivery system, as\ndetermined by the commissioner.\n  (c)(i) Such written proposal shall be submitted to the commissioner at\nleast sixty days prior to the requested commencement of such Medicaid\npayments and shall include a proposed budget to achieve the goals of the\nproposal. Any Medicaid payments issued pursuant to this subdivision\nshall be made over a specified period of time, as determined by the\ncommissioner, of up to three years. At the end of the specified\ntime-frame such payments shall cease. The commissioner may establish, as\na condition of receiving such Medicaid payments, benchmarks and goals to\nbe achieved in conformity with the provider's written proposal as\napproved by the commissioner and may also require that the provider\nsubmit such periodic reports concerning the achievement of such\nbenchmarks and goals as the commissioner deems necessary. Failure to\nachieve satisfactory progress, as determined by the commissioner, in\naccomplishing such benchmarks and goals shall be a basis for ending the\nprovider's Medicaid payments prior to the end of the specified\ntimeframe.\n  (ii) The commissioner may require that applications submitted pursuant\nto this subdivision be submitted in response to and in accordance with a\nrequest for applications or a request for proposals issued by the\ncommissioner.\n
N.Y. ENV Law § 21-1105 — New York Code / Act ENV / Article 21 / Title 11 / Section 21-1105
Advisors
Status: in_force

§ 21-1105. Advisors.\n  The Department of Environmental Conservation shall provide an advisory\ncommittee who together with the state Commissioner of Commerce and the\ndirector of the office of regional development shall constitute an\nadvisory committee with whom the members of the interstate commission on\nthe Lake Champlain basin from this state may consult with respect to New\nYork participation in the compact. Such members of the commission may\nalso consult from time to time with other officers of the state\ngovernment or any subdivisions thereof, as may be appropriate.\n
N.Y. VAT Law § 2409 — New York Code / Act VAT / Title 11 / Article 48-C / Section 2409
ATV safety course and safety certificate
Status: in_force

§ 2409. ATV safety course and safety certificate. 1. Safety course or\ncourses. The commissioner shall establish a curriculum or curricula for\nan ATV safety training course or courses. Any such curriculum may\ninclude, but not be limited to, on-vehicle training and safe riding\npractices. The commissioner may establish different courses and\ncurricula for different types of all terrain vehicles. The commissioner\nmay permit any such safety training course to be given by any private\nperson, club, association or municipality which meets standards\nestablished by the commissioner. The commissioner may establish a\nreasonable fee which any such person or entity may charge for such\ncourse or courses.\n  2. Safety certificate. Upon successful completion of a safety course\ngiven in conformity with subdivision one of this section by a person\nfourteen years of age or over, the person or entity which gave the\ncourse shall notify the commissioner of such completion in a manner\nprescribed by the commissioner. The commissioner shall, upon receipt of\nsuch information, issue an ATV safety certificate to the person who has\nsuccessfully completed the course. Such certificate may be limited to\nthe type of vehicle for which the course was given.\n
N.Y. VAT Law § 2402 — New York Code / Act VAT / Title 11 / Article 48-C / Section 2402
Rules and regulations
Status: in_force

§ 2402. Rules and regulations. With a view of achieving enjoyable and\nproper use of ATVs and minimizing the detrimental effect thereof upon\nthe environment, rules and regulations relating to, but not limited to,\nthe following may be adopted and promulgated as herein provided.\n  1. The commissioner may adopt rules and regulations:\n  (a) for conducting special events as provided in section twenty-four\nhundred eight of this article;\n  (b) for the administration and enforcement of the provisions of\nsection twenty-four hundred seven of this article relating to liability\ninsurance;\n  (c) establishing a comprehensive ATV information and safety education\nand training program or programs including provision for issuance of ATV\nsafety certificates for operation of ATVs by youthful operators;\n  (d) with respect to uniform signs or markers to be used by\ngovernmental agencies which are necessary or desirable to control,\ndirect or regulate the operation and use of ATVs. Such signs as may be\ndesignated for use on highways shall also be approved by the\ncommissioner of transportation; and\n  (e) with respect to such other matters as may be necessary or\ndesirable to provide for the effective administration and enforcement of\nthe provisions of this article.\n  2. Any state agency may adopt rules and regulations not inconsistent\nwith the provisions of the vehicle and traffic law in a manner\nappropriate to such agency to permit or regulate the use of ATVs on\nspecifically designated land, including highways, under its\njurisdiction.\n
N.Y. PBA Law § 1266-D — New York Code / Act PBA / Article 5 / Title 11 / Section 1266-D
Long Island rail road commuter's council
Status: in_force

§ 1266-d. Long Island rail road commuter's council. 1. There is hereby\ncreated the Long Island rail road commuter's council, to study,\ninvestigate, monitor and make recommendations with respect to the\nmaintenance and operation of the Long Island rail road. Such council\nshall study and investigate all aspects of the day to day operations of\nsuch railroad, monitor its performance and recommend changes to improve\nthe efficiency of the operation thereof. Such council shall study and\nmake recommendations in regard to improving bicycle and pedestrian\naccess at bridges, stations and other facilities operated by the Long\nIsland Railroad and submit such recommendations to the metropolitan\ntransportation authority on or before June first, two thousand\ntwenty-two and every five years thereafter.\n  2. Such council shall consist of thirteen members who shall be\ncommuters who regularly use the transportation services of such\nrailroad, and who shall be residents of Nassau, Suffolk, Queens or\nBrooklyn county.  Members shall be appointed by the governor upon the\nrecommendation of the county executive of each such county, provided,\nhowever, that such members shall be chosen from a list of ten names\nsubmitted by each such county executive and provided further however\nthat no more than six members of such council shall be residents of\neither such county.  Provided, however, that one member shall be\nappointed on the recommendation of the borough president of Queens and\none member shall be appointed on the recommendation of the borough\npresident of Brooklyn.  Provided, however, that one member shall be\nappointed who has a demonstrated expertise or interest in the promotion\nand development of improved bicycle and pedestrian access at bridges,\nstations and other facilities operated by the authority and its\naffiliates and subsidiaries. Vacancies occurring in the membership of\nthe council shall be filled in the same manner as original appointments,\nprovided, however, that such vacancy shall be filled from a list of\nthree names submitted by each such county executive.\n  3. The members of the council shall receive no compensation for their\nservices but shall be reimbursed for their expenses actually and\nnecessarily incurred in the performance of their duties hereunder.\n  4. The council may request and shall receive from any department,\ndivision, board, bureau, commission, agency, public authority of the\nstate or any political subdivision thereof such assistance and data as\nwill enable it properly to carry out its activities hereunder and\neffectuate the purposes set forth herein.\n
N.Y. PBA Law § 1317 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1317
Actions against the authority
Status: in_force

§ 1317. Actions against the authority. 1. As a condition to the\nconsent of the state to such suits against the authority, in every\naction against the authority for damages, for injuries to real or\npersonal property or for the destruction thereof, or for personal\ninjuries or death, the complaint shall contain an allegation that at\nleast thirty days have elapsed since the demand, claim or claims upon\nwhich such action is founded were presented to a member of the authority\nor other officer designated for such purpose and the authority has\nneglected or refused to make an adjustment or payment thereof.\n  2. An action against the authority founded on tort, except an action\nfor wrongful death, shall not be commenced more than one year and ninety\ndays after the cause of action therefor shall have accrued, nor unless a\nnotice of claim shall have been served on the authority within the time\nlimited by and in compliance with all the requirements of section\nfifty-e of the general municipal law. An action against the authority\nfor wrongful death shall be commenced in accordance with the notice of\nclaim and time limitation provisions of title eleven of article nine of\nthis chapter.\n  3. The authority shall be liable, and shall assume the liability to\nthe extent that it shall save harmless any duly appointed officer or\nemployee of the authority, for the negligence of such officer or\nemployee, in the operation of a vehicle or other facility of\ntransportation owned or otherwise under the jurisdiction and control of\nthe authority in the discharge of a duty imposed upon such officer or\nemployee at the time of the accident, injury or damages complained of,\nwhile otherwise acting in the performance of his duties and within the\nscope of his employment.\n  4. The authority may require any person, presenting for settlement an\naccount or claim for any cause whatever against the authority, to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose, concerning such account or\nclaim and when so sworn to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable shall not exceed four per centum per annum.\n  6. The provisions of this section which relate to the requirement for\nservice of a notice of claim shall not apply to a subsidiary corporation\nof the authority. In all other respects, each subsidiary corporation of\nthe authority shall be subject to the provisions of this section as if\nsuch subsidiary corporation were separately named herein, provided,\nhowever, that a subsidiary corporation of the authority which is a stock\ncorporation shall not be subject to the provisions of this section\nexcept with respect to those causes of action arising on and after the\nfirst of the twelfth calendar month following that calendar month in\nwhich such stock corporation becomes a subsidiary corporation of the\nauthority.\n
N.Y. SOS Law § 364-N — New York Code / Act SOS / Article 5 / Title 11 / Section 364-N
Diabetes and chronic disease self-management pilot program
Status: in_force

§ 364-n. Diabetes and chronic disease self-management pilot program.\nThe commissioner of health may establish a diabetes and chronic disease\nself-management pilot program in one or more counties or regions of the\nstate for the purpose of improving clinical outcomes. Payments under\nsuch program may be made for education, consultation, and peer support\nservices for persons with chronic health conditions, as defined by the\ncommissioner, to be eligible to receive such services. The commissioner\nis authorized to establish fees for such counseling services, subject to\nthe approval of the director of the division of the budget. The\nprovisions of this section shall not take effect unless all necessary\napprovals under federal law and regulation have been obtained to receive\nfederal financial participation for the costs of services provided under\nthis section.\n
N.Y. PBA Law § 1966 — New York Code / Act PBA / Article 8 / Title 11 / Section 1966
Actions against the authority
Status: in_force

§ 1966. Actions against the authority. 1. In an action against the\nauthority founded upon tort, the complaint shall contain an allegation\nthat at least thirty days have elapsed since the demand, claim or claims\nupon which the action is founded were presented to a member of the\nauthority and to its secretary or to its chief executive officer, and\nthat the authority has neglected or refused to make an adjustment or\npayment thereof for thirty days after the presentment.\n  2. In a case founded upon tort, a notice of claim shall be required as\na condition precedent to the commencement of an action or special\nproceeding against the authority or an officer, appointee or employee\nthereof, and the provisions of section fifty-e of the general municipal\nlaw shall govern the giving of such notice. No action shall be commenced\nmore than one year and ninety days after the cause of action therefor\nshall have accrued.\n
N.Y. ENV Law § 21-1111 — New York Code / Act ENV / Article 21 / Title 11 / Section 21-1111
Audit
Status: in_force

§ 21-1111. Audit.\n  Pursuant to subdivision five of article four of the compact, the state\nComptroller is hereby authorized and empowered from time to time to\nexamine the accounts and books of the commission, including its\nreceipts, disbursements and such other items referring to its financial\nstanding as such Comptroller may deem proper and to report the results\nof such examination to the Governor.\n
N.Y. SOS Law § 364-J-2 — New York Code / Act SOS / Article 5 / Title 11 / Section 364-J-2
Transitional supplemental payments
Status: in_force

§ 364-j-2. Transitional supplemental payments. 1. As used in this\nsection, "covered provider" shall mean a voluntary not-for-profit health\ncare provider that is any of the following:\n  (a) a freestanding diagnostic and treatment center licensed under\narticle twenty-eight of the public health law that qualifies for a\ndistribution pursuant to section twenty-eight hundred seven-p of such\narticle, or section seven of chapter four hundred thirty-three of the\nlaws of nineteen hundred ninety-seven, or receives funding under section\nthree hundred thirty-three of the federal public health services act for\nhealth care for the homeless; or\n  (b) a freestanding diagnostic and treatment center which operates an\napproved program under the prenatal care assistance program established\npursuant to article twenty-five of the public health law; or\n  (c) a facility licensed under article twenty-eight of the public\nhealth law that is sponsored by a university or dental school which has\nbeen granted an operating certificate pursuant to article twenty-eight\nof the public health law to provide dental services; or\n  (d) a freestanding family planning clinic licensed under article\ntwenty-eight of the public health law.\n  2. (a) Notwithstanding paragraphs (b) and (h) of subdivision two of\nsection twenty-eight hundred seven of the public health law, the\ncommissioner of health shall make supplemental payments of nine million\neight hundred twenty-four thousand dollars ($9,824,000), to covered\nproviders described in subdivision one of this section who are qualified\nproviders as described in paragraph (a) of subdivision three of this\nsection, based on adjustments to fee-for-service rates for the period\nFebruary first through March thirty-first, two thousand two and nine\nmillion eight hundred twenty-four thousand dollars ($9,824,000) for the\nperiod October first through December thirty-first, two thousand two and\nfour million nine hundred twelve thousand dollars ($4,912,000) for the\nperiod October first through December thirty-first, two thousand three\nand an additional amount of four million nine hundred twelve thousand\ndollars ($4,912,000) for the period October first through December\nthirty-first, two thousand three and nine million eight hundred\ntwenty-four thousand dollars ($9,824,000) for the period April first\nthrough June thirtieth, two thousand five, and nine million eight\nhundred twenty-four thousand dollars ($9,824,000) for the period October\nfirst through December thirty-first, two thousand six, and an additional\nnine million eight hundred twenty-four thousand dollars ($9,824,000) for\nthe period October first through December thirty-first, two thousand\nsix, and nine million eight hundred twenty-four thousand dollars\n($9,824,000) for the period October first through December thirty-first,\ntwo thousand seven, as medical assistance payments for services provided\npursuant to this title for persons eligible for federal financial\nparticipation under title XIX of the federal social security act to\nreflect additional costs associated with the transition to a managed\ncare environment, and nine million eight hundred twenty-four thousand\ndollars ($9,824,000) for the period October first through December\nthirty-first, two thousand eight, and seven million three hundred\neighty-eight thousand dollars ($7,388,000) for the period October first\nthrough December thirty-first, two thousand nine, as medical assistance\npayments for services provided pursuant to this title for persons\neligible for federal financial participation under title XIX of the\nfederal social security act to reflect additional costs associated with\nthe operation of electronic health record systems that meet such\nstandards as may be established by the commissioner of health. There\nshall be no local share in these payments. The director of the budget\nshall allocate the non-federal share of such payments from an\nappropriation for the miscellaneous special revenue fund - 339 community\nservice provider assistance program account for the two thousand\none--two thousand two state fiscal year for adjustments for the period\nFebruary first through March thirty-first, two thousand two. Adjustments\nfor the period October first, two thousand two through December\nthirty-first, two thousand two shall be within amounts appropriated for\nthe two thousand two--two thousand three state fiscal year and\nadjustments for the period October first, two thousand three through\nDecember thirty-first, two thousand three shall be within amounts\nappropriated for the two thousand three--two thousand four state fiscal\nyear and adjustments for the non-federal share of the additional amount\nof four million nine hundred twelve thousand dollars ($4,912,000) for\nsuch period shall be allocated by the director of the budget from an\nappropriation for maintenance undistributed general fund community\nprojects fund - 007 account for the two thousand three--two thousand\nfour state fiscal year. The director of the budget shall allocate the\nnon-federal share of adjustments for the period April first, two\nthousand five through June thirtieth, two thousand five from an\nappropriation for the maintenance undistributed general fund community\nprojects fund - 007 - cc account for the two thousand four--two thousand\nfive state fiscal year. The director of the budget shall allocate the\nnon-federal share of adjustments for the period October first, two\nthousand six through December thirty-first, two thousand six from an\nappropriation for the maintenance undistributed, general fund, community\nprojects fund - 007-cc account for the two thousand five--two thousand\nsix state fiscal year. The director of the budget shall allocate the\nnon-federal share of the additional adjustments for the period October\nfirst, two thousand six through December thirty-first, two thousand six\nfrom such funds as may be made available from an appropriation for the\nmaintenance undistributed, general fund, community projects fund -\n007-cc account for the two thousand six--two thousand seven state fiscal\nyear. The director of the budget shall allocate the non-federal share of\nthe adjustments for the period October first, two thousand seven through\nDecember thirty-first, two thousand seven from an appropriation for the\nmedical assistance program, general fund, local assistance account - 001\nfor the two thousand seven--two thousand eight state fiscal year. The\ndirector of the budget shall allocate the non-federal share of the\nadjustments for the period October first, two thousand eight through\nDecember thirty-first, two thousand eight from an appropriation for the\nmedical assistance program, general fund, local assistance account - 001\nfor the two thousand eight--two thousand nine state fiscal year. The\ndirector of the budget shall allocate the non-federal share of the\nadjustments for the period October first, two thousand nine through\nDecember thirty-first, two thousand nine from an appropriation for the\nmedical assistance program, general fund, local assistance account - 001\nfor the two thousand nine--two thousand ten state fiscal year. Such\nadjustments to fee for service rates shall not be subject to subsequent\nadjustment or reconciliation. Alternatively, such payments may be made\nas aggregate payments to eligible providers.\n  (a-1) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, for facilities licensed under article twenty-eight of the\npublic health law that are sponsored by a university or dental school\nwhich has been granted an operating certificate pursuant to article\ntwenty-eight of the public health law and which provides dental services\nas its principal mission, two hundred twenty-four thousand dollars\n($224,000) in the aggregate for use pursuant to this section shall be\nallocated for distribution to such facilities pursuant to the\nmethodology described in paragraph (b) of subdivision two and\nsubparagraph (i) of paragraph (b) of subdivision four of section two\nthousand eight hundred seven-p of the public health law for services\nprovided for the period February first, two thousand two through March\nthirty-first, two thousand two to persons eligible for federal financial\nparticipation under title XIX of the federal social security act,\nprovided, however, that the amount paid pursuant to this paragraph for\neach such facility shall equal the facility's proportional share of the\ntotal nominal payment amounts calculated under this section of all such\nfacilities multiplied by the total funds allocated for such payments.\nThere shall be no local share in these payments. The director of the\nbudget shall allocate the non-federal share of such payments from an\nappropriation for the miscellaneous special revenue fund - 339 community\nservice provider assistance program account for the two thousand\none--two thousand two state fiscal year. Such adjustments to fee for\nservice rates shall not be subject to subsequent adjustment or\nreconciliation. Alternatively, such payments may be made as aggregate\npayments to eligible providers.\n  (a-2) (i) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, for facilities licensed under article twenty-eight of the\npublic health law that are sponsored by a university or dental school\nwhich has been granted an operating certificate pursuant to article\ntwenty-eight of the public health law and which provides dental services\nas its principal mission, two hundred twenty-four thousand dollars\n($224,000) in the aggregate of the amount appropriated for the two\nthousand two--two thousand three state fiscal year for use pursuant to\nthis section shall be allocated for the period October first through\nDecember thirty-first, two thousand two and one hundred twelve thousand\ndollars ($112,000) in the aggregate of the amount appropriated for the\ntwo thousand three--two thousand four state fiscal year, and an\nadditional amount of one hundred twelve thousand dollars ($112,000) in\nthe aggregate for use pursuant to this section shall be allocated for\nthe period October first through December thirty-first, two thousand\nthree and two hundred twenty-four thousand dollars ($224,000) in the\naggregate of the amount appropriated for the two thousand four--two\nthousand five state fiscal year shall be allocated for the period April\nfirst, two thousand five through June thirtieth, two thousand five, and\ntwo hundred twenty-four thousand dollars ($224,000) in the aggregate of\nthe amount appropriated for the two thousand five--two thousand six\nstate fiscal year shall be allocated for the period October first, two\nthousand six through December thirty-first, two thousand six, and an\nadditional two hundred twenty-four thousand dollars ($224,000) in the\naggregate of the amount appropriated for the two thousand six--two\nthousand seven state fiscal year shall be allocated for the period\nOctober first, two thousand six through December thirty-first, two\nthousand six, and two hundred twenty-four thousand dollars ($224,000) in\nthe aggregate of the amount appropriated for the two thousand seven--two\nthousand eight state fiscal year shall be allocated for the period\nOctober first, two thousand seven through December thirty-first, two\nthousand seven, and two hundred twenty-four thousand dollars ($224,000)\nin the aggregate of the amount appropriated for the two thousand\neight--two thousand nine state fiscal year shall be allocated for the\nperiod October first, two thousand eight through December thirty-first,\ntwo thousand eight and two hundred twenty-four thousand dollars\n($224,000) in the aggregate of the amount appropriated for the two\nthousand nine--two thousand ten state fiscal year shall be allocated for\nthe period October first, two thousand nine through December\nthirty-first, two thousand nine for distribution to such facilities\npursuant to subparagraphs (ii) and (iii) of this paragraph. Adjustments\nfor the non-federal share of the additional amount of one hundred twelve\nthousand dollars ($112,000) for the period October first, two thousand\nthree through December thirty-first, two thousand three shall be\nallocated by the director of the budget from an appropriation for\nmaintenance undistributed general fund community projects fund - 007\naccount for the two thousand three--two thousand four state fiscal year.\nThe non-federal share of adjustments for the period April first, two\nthousand five through June thirtieth, two thousand five shall be\nallocated by the director of the budget from an appropriation for the\nmaintenance undistributed general fund community projects fund - 007\naccount for the two thousand four--two thousand five state fiscal year.\nThe non-federal share of adjustments for the period October first, two\nthousand six through December thirty-first, two thousand six shall be\nallocated by the director of the budget from an appropriation for the\nmaintenance undistributed, general fund, community projects fund -\n007-cc account for the two thousand five--two thousand six state fiscal\nyear. The non-federal share of the additional adjustments for the period\nOctober first, two thousand six through December thirty-first, two\nthousand six shall, subject to the availability of funds, be allocated\nby the director of the budget from the medical assistance local\nassistance appropriation for the two thousand six--two thousand seven\nstate fiscal year. The non-federal share of the adjustments for the\nperiod October first, two thousand seven through December thirty-first,\ntwo thousand seven shall be allocated by the director of the budget from\nan appropriation for the medical assistance program, general fund, local\nassistance account - 001 for the two thousand seven--two thousand eight\nstate fiscal year. The non-federal share of the adjustments for the\nperiod October first, two thousand eight through December thirty-first,\ntwo thousand eight shall be allocated by the director of the budget from\nan appropriation for the medical assistance program, general fund, local\nassistance account - 001 for the two thousand eight--two thousand nine\nstate fiscal year. The non-federal share of the adjustments for the\nperiod October first, two thousand nine through December thirty-first,\ntwo thousand nine shall be allocated by the director of the budget from\nan appropriation for the medical assistance program, general fund, local\nassistance account - 001 for the two thousand nine--two thousand ten\nstate fiscal year.\n  (ii) Forty percent shall be allocated for equal distribution to such\nfacilities, reduced by the amount, if any, that a distribution exceeds\nforty percent of a facility's uncompensated care need as defined in\nparagraph (b) of subdivision two of section two thousand eight hundred\nseven-p of the public health law. Any funds allocated but not\ndistributed in accordance with this subparagraph shall be added to those\namounts distributed in accordance with subparagraph (iii) of this\nparagraph.\n  (iii) Sixty percent, plus any funds allocated and not distributed in\naccordance with subparagraph (ii) of this paragraph, shall be allocated\nfor distribution to such facilities pursuant to the methodology\ndescribed in paragraph (b) of subdivision two and subparagraph (i) of\nparagraph (b) of subdivision four of section two thousand eight hundred\nseven-p of the public health law, provided, however, that the amount\npaid pursuant to this allocation for each such facility shall equal the\nfacility's proportional share of the total nominal payment amounts\ncalculated under this section of all such facilities multiplied by the\ntotal funds allocated for such payments.\n  (iv) There shall be no local share in these payments.\n  (b) Notwithstanding the provisions of subdivision one of section three\nhundred sixty-eight-a of this title, there shall be paid to each social\nservices district the full amount expended on behalf of the department\nof health for medical assistance furnished pursuant to the provisions of\nthis section, after first deducting therefrom any federal funds properly\nreceived or to be received on account thereof.\n  3. (a) For periods prior to January first, two thousand eight, a\ncovered provider described in subdivision one of this section shall be\nqualified to receive a supplemental payment only if its number of\nmedicaid visits for patient care services in the base year described in\nsubparagraph (ii) of paragraph (b) of this subdivision equals or exceeds\ntwenty-five percent of its total number of visits for patient care\nservices and its number of medicaid visits for patient care services for\nmedicaid managed care enrollees equals or exceeds three percent of its\ntotal number of medicaid visits during the base year. For periods on and\nafter January first, two thousand eight, a covered provider described in\nsubdivision one of this section shall be qualified to receive a\nsupplemental payment only if it has in place during such period an\noperational electronic health record system that meets such standards as\nmay be established by the commissioner of health and its number of\nmedicaid visits for patient care services in the base year described in\nsubparagraph (ii) of paragraph (b) of this subdivision equals or exceeds\ntwenty-five percent of its total number of visits for patient care\nservices during the base year or its number of medicaid visits combined\nwith its number of uninsured visits for patient care services in the\nbase year described in subparagraph (ii) of paragraph (b) of this\nsubdivision equals or exceeds thirty percent of its total number of\nvisits for patient care services during the base year.\n  (b) (i) For periods prior to January first, two thousand eight, each\nqualified provider described in paragraph (a) of this subdivision shall\nreceive a supplemental payment equal to such provider's proportional\nshare of the total funds allocated pursuant to this section, based upon\nthe ratio of its visits from medical assistance recipients enrolled in\nmanaged care during the base year to the total number of visits to all\nsuch qualified providers by medical assistance recipients enrolled in\nmanaged care during the base year. For periods on and after January\nfirst, two thousand eight, each qualified provider described in\nparagraph (a) of this subdivision shall receive a supplemental payment\nequal to such provider's proportional share of the total funds allocated\npursuant to this section, based upon the ratio of its visits from\nmedical assistance recipients during the base year to the total number\nof visits from medical assistance recipients to all such qualified\nproviders during the base year.\n  (ii) For periods prior to January first, two thousand eight, for\npurposes of the calculation described in this subdivision, the base year\nwill be two thousand, and the commissioner of health shall utilize data\nas reported on the 2000 AHCF-1 cost report initially submitted by\ncovered providers to the department of health on or about August\nseventeenth, two thousand one. For periods on and after January first,\ntwo thousand eight, for purposes of the calculation described in this\nsubdivision, the base year will be two years prior to the grant year,\nand the commissioner of health shall utilize data as reported on AHCF-1\ncost report submitted by covered providers to the department of health\nfor such base year.\n  4. Payments made pursuant to this section shall constitute additional\nreimbursement to qualified providers and shall not be used to reduce\nlevels of other funding provided to qualified providers by governmental\nagencies.\n  5. (a) The commissioner of health shall make medical assistance\npayments to qualified providers from funds made available pursuant to\nthe provisions of this section contingent upon the receipt of all\nfederal approvals necessary and subject to the availability of federal\nfinancial participation under title XIX of the federal social security\nact for the transitional supplemental payments. In the event such\nfederal approval is not received prior to March thirty-first, two\nthousand two, for adjustments for the period February first, two\nthousand two through March thirty-first, two thousand two and prior to\nOctober first, two thousand two for adjustments for the period October\nfirst, two thousand two through December thirty-first, two thousand two\nand prior to October first, two thousand three for adjustments for the\nperiod October first, two thousand three through December thirty-first,\ntwo thousand three, and prior to October first, two thousand five for\nadjustments for the period April first, two thousand five through June\nthirtieth, two thousand five, and prior to October first, two thousand\nsix for adjustments for the period October first, two thousand six\nthrough December thirty-first, two thousand six, and prior to October\nfirst, two thousand seven for adjustments for the period October first,\ntwo thousand seven through December thirty-first, two thousand seven,\nand prior to October first, two thousand eight for adjustments for the\nperiod October first, two thousand eight through December thirty-first,\ntwo thousand eight, and prior to October first, two thousand nine for\nadjustments for the period October first, two thousand nine through\nDecember thirty-first, two thousand nine, the commissioner of health\nshall make medical assistance payments to qualified providers consisting\nof the state share amount available for purposes of this section and\napportioned in accordance with subdivisions two and three of this\nsection. In the event such federal approval is denied, such state share\namount payments shall be deemed to be grants to such qualified providers\nand such qualified providers shall not be eligible to receive any other\npayments pursuant to this section.\n  (b) The commissioner of health shall take all steps necessary and\nshall use best efforts to secure federal financial participation under\ntitle XIX of the social security act, for the purposes of this section,\nincluding the prompt submission of appropriate amendments to the title\nXIX state plan.\n
N.Y. ENV Law § 23-1105 — New York Code / Act ENV / Article 23 / Title 11 / Section 23-1105
Prohibition on state authorizations related to certain offshore oil and natural gas production
Status: in_force

§ 23-1105. Prohibition on state authorizations related to certain\n             offshore oil and natural gas production.\n  1. Neither the department nor the office of general services shall\nenter into any new lease or other conveyance, lease renewal, extension\nor modification, that authorizes the exploration for, or the development\nand production of, oil or natural gas upon lands owned by the state in\nthe marine and coastal district as defined in section 13-0103 of this\nchapter, that would result in the increase of oil or natural gas\nproduction from federal waters.\n  2. The department is authorized to establish such rules and\nregulations as it shall deem necessary to implement this section.\n  3. For the purposes of this section, the following terms have the\nfollowing meanings:\n  a. "Development" means those activities taking place following the\ndiscovery of oil and natural gas, including geophysical activity,\ndrilling, platform construction, pipeline construction, and operation of\nall onshore support facilities that are performed for the purposes of\nultimately producing the resources discovered.\n  b. "Exploration" means the process of searching for oil and natural\ngas, including any drilling whether on or off known geological\nstructures, including the drilling of a well in which a discovery of oil\nor natural gas is made and the drilling of any additional delineation\nwell after the discovery that is needed to delineate any reservoir and a\nlessee to determine whether to proceed with development and production.\n  c. "Federal waters" means those waters and submerged lands lying\nseaward to the state waters of New York that appertain to the United\nStates and are subject to federal jurisdiction and control.\n  d. "New or additional exploration, development, or production of oil\nor natural gas" includes any activity undertaken to increase the\ncapacity of any pipeline or other infrastructure used to convey oil or\nnatural gas from federal waters.\n  e. "Production" means those activities that take place after the\nsuccessful completion of any means for the removal of oil and natural\ngas, including that removal, field operations, transfer or resources to\nshore, operation, monitoring, maintenance, and workover drilling.\n"Producing" means undertaking those activities.\n
N.Y. PBA Law § 1299-E — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-E
General powers of the authority
Status: in_force

§ 1299-e. General powers of the authority. Except as otherwise limited\nby this title, the authority shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To borrow money and issue negotiable notes, bonds or other\nobligations and to provide for the rights of the holders thereof;\n  4. To invest any funds held in reserve or sinking funds, or any monies\nnot required for immediate use or disbursement, at the discretion of the\nauthority, in obligations of the state or the United States government\nor obligations the principal and interest of which are guaranteed by the\nstate or the United States government; or in certificates of deposit of\nbanks or trust companies; or in bank or trust accounts of banks in this\nstate, secured by obligations of the United States or of the state of\nNew York of a market value equal at all times to the amount of the\ndeposit;\n  5. To make and alter by-laws for its organization and internal\nmanagement, and rules and regulations governing the exercise of its\npowers and the fulfillment of its purposes under this title;\n  6. To enter into contracts and leases and to execute all instruments\nnecessary or convenient;\n  7. To acquire, hold and dispose of real or personal property in the\nexercise of its powers;\n  8. To appoint such officers and employees as it may require for the\nperformance of its duties, and to fix and determine their\nqualifications, duties, and compensation and to retain or employ\ncounsel, auditors, engineers and private consultants on a contract basis\nor otherwise for rendering professional or technical services and\nadvice; such counsel, auditors, engineers, and private consultants,\nofficers and employees may not be a member of the authority;\n  9. (a) Notwithstanding section one hundred thirteen of the retirement\nand social security law or any other general or special law, the\nauthority and any of its subsidiary corporations may continue or provide\nto its affected officers and employees any retirement, disability, death\nor other benefits provided or required for railroad personnel pursuant\nto federal or state law. Notwithstanding any provisions of the civil\nservice law, no officer or employee of a subsidiary corporation, of the\nauthority, other than a public benefit subsidiary corporation, shall be\na public officer or a public employee;\n  (b) The authority and any of its public benefit subsidiary\ncorporations may be a "participating employer" in the New York state\nemployees' retirement system with respect to one or more classes of\nofficers and employees of such authority or any such public benefit\nsubsidiary corporation, as may be provided by resolution of such\nauthority or any such public benefit subsidiary corporation, as the case\nmay be, or any subsequent amendment thereof, filed with the comptroller\nand accepted by him pursuant to section thirty-one of the retirement and\nsocial security law. In taking any action pursuant to this paragraph\n(b), the authority and any of its public benefit subsidiary corporations\nshall consider the coverages and benefits continued or provided pursuant\nto paragraph (a) of this subdivision;\n  10. To make plans, surveys, and studies necessary, convenient or\ndesirable to the effectuation of the purposes and powers of the\nauthority and to prepare recommendations in regard thereto;\n  11. To enter upon such lands, waters or premises as in the judgment of\nthe authority may be necessary, convenient or desirable for the purpose\nof making surveys, soundings, borings and examinations to accomplish any\npurpose authorized by this title, the authority being liable for actual\ndamage done;\n  12. The authority may conduct investigations and hearings in the\nfurtherance of its general purposes, and in aid thereof have access to\nany books, records or papers relevant thereto; and if any person whose\ntestimony shall be required for the proper performance of the duties of\nthe authority shall fail or refuse to aid or assist the authority in the\nconduct of any investigation or hearing, or to produce any relevant\nbooks, records or other papers, the authority is authorized to apply for\nprocess of subpoena, to issue out of any court of general original\njurisdiction whose process can reach such person, upon due cause shown;\n  12-a. By a certificate filed in its office, from time to time to\ndelegate to any member, officer or employee of the authority the power\nto conduct any investigation or hold any hearing which the authority is\nauthorized or required to conduct or to hold by any provision of this\ntitle; and the person so designated shall have all of the powers of the\nauthority in the conduct of such investigation or the holding of such\nhearing;\n  13. To appoint or designate one or more persons for the purpose of\nenforcing rules and regulations established by the authority, and to\ncompel the observance of law and order on the properties, facilities and\nimprovements of the authority for the protection and administration of\nsuch property, facilities and improvements, and the traveling public\nusing such facilities. Each person as and when so appointed or\ndesignated shall be known as (a) a "Niagara frontier transportation\nauthority security officer or patrolman" and shall be a peace officer as\nset forth in subdivision forty-five of section 2.10 of the criminal\nprocedure law, or a police officer within the purview of subdivision\nthirty-four of section 1.20 of the criminal procedure law or (b) a\n"ticket inspector" and shall not be a peace officer or a police officer\nbut, when so designated or appointed, shall be authorized to issue and\nserve appearance tickets pursuant to section 150.20 of the criminal\nprocedure law with respect to violations of rules and regulations so\nestablished.\n  13-a. To make application to the Foreign-Trade Zones Board established\nby the act of congress, approved June eighteenth, nineteen hundred\nthirty-four, entitled "An act to provide for the establishment,\noperation and maintenance of foreign trade zones in ports of entry of\nthe United States, to expedite and encourage foreign commerce, and for\nother purposes", for a grant to such authority of the privilege of\nestablishing, operating and maintaining a foreign-trade zone on premises\nlocated within the transportation district of the authority, pursuant to\nthe provisions of such act, and if such application be granted, to\naccept such grant and to establish, operate and maintain such zone in\naccordance with state and federal law; and to enter into contracts or\nleases covering all arrangements involving the establishment, operation\nand maintenance of such zones with and within the counties of Erie and\nNiagara which counties are hereby authorized to enter into contracts and\nleases with the authority subject to such rules and regulations as\npromulgated by federal authority.\n  14. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n
N.Y. PBH Law § 1381 — New York Code / Act PBH / Article 13 / Title 11 / Section 1381
State aid
Status: in_force

§ 1381. State aid.  1. The commissioner may in the name of the state\nmake or contract to make, within the limitation of the appropriations\ntherefor, a state grant for payment to any municipality or to two or\nmore municipalities jointly of not more than fifty per cent of the\nentire cost of the preparation of detailed plans, including\nconsideration of recycling technology, ultimate land use, and\nenvironmental impact, for the construction of new solid waste management\nfacilities or the improvement of existing solid waste management\nfacilities, as determined and approved by the commissioner.\n  2. Payments authorized pursuant to this title shall be made in two\napportionments, as follows:\n  (a) the first payment, not to exceed fifty per cent of the total\ngrant, shall be payable when acceptable detailed plans are approved by\nthe commissioner, and\n  (b) the balance of the grant shall be payable when construction\ncontracts are awarded, or when construction begins, whichever occurs\nfirst.\n
N.Y. PBA Law § 1270-A — New York Code / Act PBA / Article 5 / Title 11 / Section 1270-A
Metropolitan transportation authority special assistance fund
Status: in_force

§ 1270-a. Metropolitan transportation authority special assistance\nfund.  1. The authority shall create and establish a fund to be known as\nthe "metropolitan transportation authority special assistance fund"\nwhich shall be kept separate from and shall not be commingled with any\nother moneys of the authority. The special assistance fund shall consist\nof three separate accounts: (i) the "transit account", (ii) the\n"commuter railroad account" and (iii) the "corporate transportation\naccount".\n  The authority shall make deposits in the transit account and the\ncommuter railroad account of the moneys received by it pursuant to the\nprovisions of subdivision one of section two hundred sixty-one of the\ntax law in accordance with the provisions thereof, and shall make\ndeposits in the corporate transportation account of the moneys received\nby it pursuant to the provisions of subdivision two of section two\nhundred sixty-one of the tax law and section ninety-two-ff of the state\nfinance law. The comptroller shall deposit, without appropriation, into\nthe corporate transportation account the revenue fees, taxes, interest\nand penalties collected in accordance with paragraph (b-1) of\nsubdivision two of section five hundred three of the vehicle and traffic\nlaw, paragraph (c-3) of subdivision two of section five hundred three of\nthe vehicle and traffic law, article seventeen-C of the vehicle and\ntraffic law, article twenty-nine-A of the tax law and section eleven\nhundred sixty-six-a of the tax law.\n  2. Moneys in the transit account may be pledged to the Triborough\nbridge and tunnel authority to secure bonds and notes and, if so\npledged, shall be paid to the Triborough bridge and tunnel authority in\nsuch amounts and at such times as necessary to pay or to reimburse that\nauthority for its payment of debt service and reserve requirements on\nthat portion of special Triborough bridge and tunnel authority bonds and\nnotes issued by that authority pursuant to section five hundred\nfifty-three-d of this chapter for transit projects undertaken for the\nNew York city transit authority and its subsidiaries. Subject to the\nprovisions of such pledge, any excess monies, or in the event there is\nno such pledge, any moneys in such account shall, at the direction of\nthe metropolitan transportation authority, be (a) deposited into one or\nmore funds or accounts and used as contemplated by section twelve\nhundred seventy-d of this title or (b) used for the payment of operating\nand capital costs of the New York city transit authority and its\nsubsidiaries and the Staten Island rapid transit operating authority.\n  3. The authority shall transfer in nineteen hundred eighty-seven up to\ntwenty million dollars of the moneys in the commuter railroad account to\nthe suburban transportation fund in accordance with the terms of an\nagreement between the authority and the department of transportation\nwith respect thereto, established herein, and pursuant to section\neighty-eight-b of the state finance law. In subsequent years the\nauthority shall transfer twenty million dollars of the moneys in the\ncommuter railroad account to the suburban transportation fund in\naccordance with the terms of an agreement between the authority and the\ndepartment of transportation with respect thereto, established herein,\nand pursuant to section eighty-eight-b of the state finance law.\n  In the event the transfer to the suburban transportation fund provided\npursuant to this subdivision results in an operating deficit, as\ncertified by the director of the division of the budget, in consultation\nwith the authority, that portion of the deficit attributable to such\ntransfer shall be appropriated from the general fund to the authority\nfor commuter railroad operating purposes, provided, however, that such\nappropriation shall not exceed twenty million dollars.\n  The remaining moneys in the commuter railroad account may be pledged\nto the Triborough bridge and tunnel authority to secure bonds and notes\nand, if so pledged, shall be paid to the Triborough bridge and tunnel\nauthority in such amounts and at such times as necessary to pay or to\nreimburse that authority for its payment of debt service and reserve\nrequirements on that portion of special Triborough bridge and tunnel\nauthority bonds and notes issued by that authority pursuant to section\nfive hundred fifty-three-d of this chapter for transportation facilities\nundertaken for the authority and its subsidiaries. Subject to the\nprovisions of any such pledge, any excess monies, or in the event there\nis no such pledge, any moneys in such account shall, at the direction of\nthe metropolitan transportation authority, be (a) deposited into one or\nmore funds or accounts and used as contemplated by section twelve\nhundred seventy-d of this title or, (b) used for payment of operating\nand capital costs of the Long Island Rail Road company and the\nMetro-North commuter railroad company.\n  4. (a) Moneys in the corporate transportation account shall first be\nused for payments to the metropolitan transportation authority Dutchess,\nOrange and Rockland fund established by section twelve hundred seventy-b\nof this title. The remaining moneys in the corporate transportation\naccount may be pledged by the authority, or pledged to the Triborough\nbridge and tunnel authority, to secure bonds, notes or other obligations\nof the authority or the Triborough bridge and tunnel authority, as the\ncase may be, and, if so pledged to the Triborough bridge and tunnel\nauthority, shall be paid to the Triborough bridge and tunnel authority\nin such amounts and at such times as necessary to pay or to reimburse\nthat authority for its payment of debt service and reserve requirements,\nif any, on that portion of special Triborough bridge and tunnel\nauthority bonds and notes issued by that authority pursuant to section\nfive hundred fifty-three-d of this chapter. Subject to the provisions of\nany such pledge, or in the event there is no such pledge, any excess\nmoneys in the corporate transportation account may be used by the\nauthority for payment of operating costs of, and capital costs,\nincluding debt service and reserve requirements, if any, of or for the\nauthority, the New York city transit authority and their subsidiaries as\nthe authority shall determine.\n  (b) Commencing in calendar year nineteen hundred eighty-nine, and in\neach subsequent year thereafter, the authority shall transfer in four\nequal quarterly amounts from the corporate transportation account to the\nmetropolitan transportation authority Dutchess, Orange and Rockland fund\ncreated by section twelve hundred seventy-b of this title the following\namounts: to the Dutchess account of such fund the sum of one million\nfive hundred thousand dollars; to the Orange account of such fund the\nsum of one million five hundred thousand dollars; and to the Rockland\naccount of such fund the sum of two million dollars.\n  (c) Commencing in calendar year nineteen hundred ninety, and each year\nthereafter, the authority shall transfer from the corporate\ntransportation account to the Dutchess account, the Orange account and\nthe Rockland account, respectively, an amount equal to the percent by\nwhich such county's payments to the authority in the preceding calendar\nyear pursuant to the provisions of subdivisions one and two of section\ntwo hundred sixty-one of the tax law increased over such payments in\nnineteen hundred eighty-nine times one million five hundred thousand\ndollars for Dutchess county, one million five hundred thousand dollars\nfor Orange county and two million dollars for Rockland county; provided,\nhowever, that in no event shall such amount reduce the amount that each\ncounty would receive pursuant to paragraph (b) of this subdivision be\nreduced by operation of this paragraph, and provided further, however,\nfor purposes of calculating the percent by which such county's payments\nto the authority in the preceding calendar year pursuant to the\nprovisions of subdivisions one and two of section two hundred sixty-one\nof the tax law increased over such payments in nineteen hundred\neighty-nine, there shall be excluded the amount by which the payments in\neach such year increased as a result of the recording tax imposed\npursuant to the provisions of subdivision one of section two hundred\nsixty-one of the tax law being in excess of twenty-five cents for each\none hundred dollars.\n  (d) (1) In the event the county of Dutchess, the county of Orange or\nthe county of Rockland withdraws from the metropolitan transportation\ndistrict, the authority shall not transfer from the corporate\ntransportation account to the metropolitan transportation authority\nDutchess, Orange and Rockland fund that portion of the moneys that would\notherwise be transferred from such account to such fund to the credit of\nsuch withdrawing county or counties.\n  (2) For purposes of this subdivision, a county is deemed to have\nwithdrawn if a resolution is adopted and filed by the county legislature\nof such county providing a public transportation plan pursuant to\nsection twelve hundred seventy-nine-b of this title.\n  (e) Notwithstanding the foregoing provisions of this subdivision, any\nmoneys in the corporate transportation account that are received by the\nauthority: (i) without appropriation pursuant to subdivision one of this\nsection, or (ii) pursuant to the provisions of section ninety-two-ff of\nthe state finance law may be pledged by the authority, or pledged to the\nTriborough bridge and tunnel authority, to secure bonds, notes or other\nobligations of the authority or the Triborough bridge and tunnel\nauthority, as the case may be, and, if so pledged to the Triborough\nbridge and tunnel authority, shall be paid to the Triborough bridge and\ntunnel authority in such amounts and at such times as necessary to pay\nor to reimburse that authority for its payment of debt service and\nreserve requirements, if any, on that portion of special Triborough\nbridge and tunnel authority bonds and notes issued by that authority\npursuant to section five hundred fifty-three-d of this chapter. Subject\nto the provisions of any such pledge, or in the event there is no such\npledge, any moneys in the corporate transportation account received by\nthe authority: (i) without appropriation pursuant to subdivision one of\nthis section, or (ii) pursuant to the provisions of section\nninety-two-ff of the state finance law may be used by the authority for\npayment of operating costs of, and capital costs, including debt service\nand reserve requirements, if any, of or for the authority, the New York\ncity transit authority and their subsidiaries as the authority shall\ndetermine. No moneys in the corporate transportation account that are\nreserved by the authority: (i) without appropriation pursuant to\nsubdivision one of this section; or (ii) pursuant to the provisions of\nsection ninety-two-ff of the state finance law may be used for making\nany payment to the Dutchess, Orange and Rockland fund created by section\ntwelve hundred seventy-b of this title or considered in calculating the\namounts required to be paid into such fund.\n
N.Y. PBA Law § 1299-R — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-R
Agreements relating to payments in lieu of taxes
Status: in_force

§ 1299-r. Agreements relating to payments in lieu of taxes. To the end\nthat municipal corporations, counties, cities, towns, villages and\nschool districts may not suffer undue loss of taxes or assessments:\n  If the authority owns or acquires property and all or any portion of\nsuch property is subsequently developed, improved or used for\nnon-transportation purposes, it shall during such period of disuse for\ntransportation purposes be subject to assessment, at the prevailing\nmethod of determining assessments based upon the current assessed value\nof all or the relevant portion of such property by the appropriate\nassessing unit and the authority shall, based on such assessment,\nannually, in lieu of taxes, pay such amount to the municipal corporation\nand/or school district.\n  The authority may, in its discretion, enter into agreements to pay\nannual sums in lieu of taxes in respect of any real property which is\nowned by the authority and exempt from taxation pursuant to section\ntwelve hundred ninety-nine-o of this article to the participating\nmunicipal corporation or school district in which the property is\nlocated, provided however, that the amount so paid for any year upon\nsuch property shall not exceed the sum last paid as taxes on such\nproperty to such municipal corporation or school district prior to the\ntime of its acquisition by the agency.\n  Vacant properties, properties acquired by the authority for\nnon-transportation purposes but intended to be used for future\ntransportation purposes and properties acquired by the authority for\ntransportation purposes and used as such, shall not be subject to the\npayment of any taxes or any payments in lieu thereof except that the\nauthority shall pay such property special benefit assessments on the\nproperty if it is located in an existing special benefit district.\n
N.Y. GOB Law § 5-1109 — New York Code / Act GOB / Article 5 / Title 11 / Section 5-1109
Written irrevocable offer
Status: in_force

§ 5-1109. Written irrevocable offer. Except as otherwise provided in\nsection 2-205 of the uniform commercial code with respect to an offer by\na merchant to buy or sell goods, when an offer to enter into a contract\nis made in a writing signed by the offeror, or by his agent, which\nstates that the offer is irrevocable during a period set forth or until\na time fixed, the offer shall not be revocable during such period or\nuntil such time because of the absence of consideration for the\nassurance of irrevocability. When such a writing states that the offer\nis irrevocable but does not state any period or time of irrevocability,\nit shall be construed to state that the offer is irrevocable for a\nreasonable time.\n
N.Y. PBA Law § 1299-MM — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-MM
Agreement of the state
Status: in_force

§ 1299-mm. Agreement of the state. The state does hereby pledge to and\nagree with the holders of any notes or bonds issued under this title,\nthat the state will not limit or alter the rights hereby vested in the\nauthority to fulfill the terms of any agreements made with the holders\nthereof, or in any way impair the rights and remedies of such holders\nuntil such notes or bonds, together with the interest thereon, with\ninterest on any unpaid installments of interest, and all costs and\nexpenses for which the authority is liable in connection with any action\nor proceeding by or on behalf of such holders, are fully met and\ndischarged. The authority is authorized to include this pledge and\nagreement of the state in any agreement with the holders of such notes\nor bonds.\n
N.Y. PBA Law § 1266-K — New York Code / Act PBA / Article 5 / Title 11 / Section 1266-K
Expired fare transfer policy
Status: in_force

* § 1266-k. Expired fare transfer policy. Notwithstanding any other\nprovision of law to the contrary, the authority shall, within ninety\ndays of the effective date of this section, establish an expired fare\ntransfer policy that may be amended from time to time. Such policy shall\nprovide any person who purchases a fare the ability to transfer any\nremaining balance for two years after such fare is deemed expired.\n  * NB Repealed December 31, 2029\n
N.Y. PBA Law § 1299-CC — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-CC
Rochester-Genesee regional transportation district
Status: in_force

§ 1299-cc. Rochester-Genesee regional transportation district.  1.\nThere is hereby created and established a transportation district to be\nknown as the Rochester-Genesee regional transportation district.  This\ndistrict shall embrace the county of Monroe and such of the following\ncounties as may elect to become members by action of their governing\nbodies: all counties included within the Lake Ontario region as\ndesignated by the New York state office of planning services, namely,\nGenesee, Livingston, Ontario, Orleans, Seneca, Wayne and Yates, and any\ncounty contiguous to this region. The transportation district shall also\ninclude all lands and water and all lands under water and all rivers,\nbays and harbors and Lake Ontario, within any of the counties of said\ndistrict.\n
N.Y. ENV Law § 37-1101 — New York Code / Act ENV / Article 37 / Title 11 / Section 37-1101
Unlawful acts
Status: in_force

§ 37-1101. Unlawful acts.\n  1. Beginning January first, two thousand twenty-nine, it shall be\nunlawful for any person to sell, offer for sale or use, or distribute\nwithin the state any corn, soybean or wheat seeds coated or treated with\npesticides, as defined in subdivision thirty-five of section 33-0101 of\nthis chapter, with the active ingredients clothianidin, imidacloprid,\nthiamethoxam, or any other neonicotinoid as determined by the department\nin regulation unless a valid waiver is issued by the department to the\nuser pursuant to subdivision two of this section.\n  2. The commissioner in consultation with the commissioner of\nagriculture and markets may issue a waiver to allow the use of such\nseeds for the production of agricultural commodities.\n  (a) No such waiver shall be valid for more than two years.\n  (b) Such waiver shall be granted only if at a minimum the following\nconditions are met:\n  (i) the farm owner must complete an integrated pest management\ntraining;\n  (ii) a pest risk assessment and a pest risk assessment report must be\ncompleted;\n  (iii) any such seeds may only be planted on the farm property or\nproperties identified in the pest risk assessment report; and\n  (iv) the farm owner must maintain current records of such pest risk\nassessment report and records of when treated seeds are planted, both of\nwhich shall be subject to review upon request by the department.\n  (c) The commissioner in consultation with the commissioner of\nagriculture and markets shall promulgate any appropriate regulations\nprior to undertaking this waiver process.\n  (d) The department shall annually report to the legislature on the\nnumber of waivers granted.\n
N.Y. PBA Law § 1279-A — New York Code / Act PBA / Article 5 / Title 11 / Section 1279-A
Management advisory board
Status: in_force

§ 1279-a. Management advisory board. 1. There is hereby created in the\noffice of the metropolitan transportation authority inspector general a\nmanagement advisory board, consisting of thirteen members appointed by\nthe governor, of whom two shall be appointed upon nomination by the\ntemporary president of the senate, two upon nomination by the speaker of\nthe assembly, one upon nomination by the minority leader of the senate\nand one upon nomination by the minority leader of the assembly. All\nmembers shall serve for a term of three years, except that, of the two\nmembers first appointed upon nomination by the temporary president of\nthe senate, one shall serve for a term of two years and one shall serve\nfor a term of one year; of the two members first appointed upon\nnomination by the speaker of the assembly, one shall serve for a term of\ntwo years and one shall serve for a term of one year; and, of two of the\nmembers first appointed by the governor without nomination by any other\nperson, two shall each serve for a term of two years and two shall each\nserve for a term of one year. One of the members appointed to the\nmanagement advisory board directly by the governor shall be designated\nby the governor to serve as its chairman.\n  2. All members of the management advisory board shall be residents of\nthe metropolitan transportation district, and shall be persons with\nsubstantial experience in the management of private enterprise, in the\ndelivery of public services, or in labor or labor-management relations.\n  3. The management advisory board shall assist the metropolitan\ntransportation authority inspector general in identifying ways to\nimprove services, reduce costs and increase the efficiency of the\nauthority and its subsidiaries, the Triborough bridge and tunnel\nauthority or the New York city transit authority and its subsidiary.\n  4. No later than April first, nineteen hundred eighty-four, and\nannually thereafter, the management advisory board shall submit to the\ngovernor and the legislature a report on its activities during the\nprevious year.\n  5. The office of the metropolitan transportation authority inspector\ngeneral shall provide the management advisory board with such staff\nsupport as may be required for the performance of its duties.\n  6. Members of the management advisory board shall serve without\ncompensation, but shall be reimbursed for expenses reasonably incurred\nin the performance of their duties.\n
N.Y. PBA Law § 1330-A — New York Code / Act PBA / Article 5 / Title 11-D / Section 1330-A
Filing five year performance, capital and operating finance plans
Status: in_force

§ 1330-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 Cayuga, Onondaga, and\nOswego counties, the county legislatures of Cayuga, Onondaga, and Oswego\ncounties, the temporary president of the senate, the speaker of the\nassembly, 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 § 1596-A — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-A
Short title
Status: in_force

§ 1596-a. Short title. This title may be cited as the "City of Yonkers\nparking authority act".\n
N.Y. VAT Law § 2284 — New York Code / Act VAT / Title 11 / Article 48-B / Section 2284
Registration record
Status: in_force

§ 2284. Registration record. Upon receipt of sufficient application\nfor registration of an ATV, as provided in this article, the\ncommissioner shall enter upon the records of the department the\nregistration of such vehicle under the distinctive number assigned to\nsuch ATV as provided in this article.\n
N.Y. PBA Law § 1299-FF — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-FF
Formulation, filing and adoption of master plan; amendments
Status: in_force

§ 1299-ff. Formulation, filing and adoption of master plan;\namendments.  The authority shall formulate a master plan for\ntransportation within the district. In formulating such master plan, the\nauthority shall consult and cooperate with the commissioner of\ntransportation and planning authorities in the areas of its operations,\nand shall utilize state, local or regional transportation planning. The\nauthority shall request and use existing studies, plans, surveys, data\nand other materials completed by or under development by any state\nagency or municipality or political subdivision of the state. The\nauthority shall file copies of such plan with the commissioner of\ntransportation, the Genesee-Finger Lakes Regional Planning Board, the\ncity council of the city of Rochester, the legislature of the county of\nMonroe, and with the legislative body of any other county, within the\ndistrict, affected by such plan, as hereinafter stated, except where\napplications for state or federal aid have been filed for any particular\ntransportation undertaking prior to the enactment of this legislation.\nThe plan shall contain information regarding the transportation system\nthat the authority intends to provide including information regarding\nthe facilities connected therewith, the services the authority\ncontemplates providing and the estimated costs and the proposed method\nof financing. During sixty days after the filing of the master plan with\nthe commissioner of transportation, in the Office of the Genesee-Finger\nLakes Regional Planning Board and with the legislative bodies as\naforesaid, said plan shall be available for public inspection at the\noffice or offices of the authority and at such other places in the areas\naffected, within the district, as the authority may designate. Not\nearlier than thirty days after the filing of said master plan with the\ncommissioner of transportation, the Genesee-Finger Lakes Regional\nPlanning Board and such legislative bodies, a public hearing on said\nplan shall be held by the authority. Notice of such a hearing shall be\ngiven to the commissioner of transportation, the Genesee-Finger Lakes\nRegional Planning Board and the legislative bodies as aforesaid and by\npublication once a week for two weeks prior to the said hearing at the\ntime and place fixed by the authority in newspapers of general\ncirculation within the areas affected, to be selected by the authority.\nThe last publication date shall not be less than five days before said\nhearing. Within thirty days following said public hearing, the authority\nshall provide a transcript of such hearing to the commissioner of\ntransportation, the Genesee-Finger Lakes Regional Planning Board and the\nlegislative bodies as aforesaid, together with any amendments the\nauthority may propose to the master plan. The authority shall request\napproval of the master plan, including such amendments as the authority\nmay propose, from the aforementioned legislative bodies and the\ncommissioner of transportation. Any part of said plan which is\ndisapproved by a political subdivision because it alters existing\nservices or the financing thereof within said political subdivision\nshall not become operative. This disapproval of part or parts of the\nplan shall not make the entire plan inoperative. Any part of said plan\nwhich is disapproved by the commissioner of transportation because it\nconflicts with a state-wide comprehensive master plan for transportation\nor the Rochester Metropolitan transportation plan or, in the absence of\nsuch plans, would have an adverse effect upon sound transportation\ndevelopment policy and planning, shall not become operative. If the said\nlegislative bodies or said regional planning board fail to act within\nsaid sixty days or in the case of the commissioner of transportation\nwithin ninety days after approval is requested, said failure shall be\ndeemed approval, and the authority may adopt the master plan by a\nmajority vote of its membership and may include changes, if any,\nrecommended by said commissioner of transportation, planning board or\nsaid legislative bodies.\n  The master plan may be amended from time to time in the same manner\nusing the procedures outlined herein for the original adoption, except\nthat proposed changes made by the authority upon recommendations of the\ncommissioner of transportation, said legislative bodies or the\nGenesee-Finger Lakes Regional Planning Board in the first plan may be\nembodied or continued by a majority vote of the authority without\nadditional hearings thereon as required for the amendments proposed to\nbe made.\n
N.Y. LFN Law § 151.00 — New York Code / Act LFN / Article 2 / Title 11 / Section 151.00
Contents of statement of housing and urban renewal indebtedness
Status: in_force

§ 151.00 Contents of statement of housing and urban renewal\nindebtedness.  a. If there remains unpaid any indebtedness contracted by\na city, town or village to effectuate any of the purposes of article\neighteen of the state constitution, as implemented by the public housing\nlaw and any other law, then within sixty days after the close of the\nfiscal year of such municipality, the chief fiscal officer thereof shall\nfile with the state commissioner of housing and with the state\ncomptroller a verified statement of the power of such municipality to\ncontract indebtedness for housing purposes or urban renewal. Not more\nthan fifteen nor less than three days before any such municipality\nexcept a city of over one million inhabitants contracts any indebtedness\nfor such purposes, it shall file with the same officials a verified\nsupplemental statement of its housing and urban renewal debt contracting\npower showing any additions to, omissions of or changes in the items or\nstatements contained in its previous annual housing and urban renewal\ndebt statement and also showing the amount of such indebtedness proposed\nto be contracted. A city of over one million inhabitants shall file\nverified supplemental statements of its housing and urban renewal debt\ncontracting powers as of the last day of September, December and March,\nif additional housing and urban renewal indebtedness has been incurred\nsince the date as of which the last preceding housing and urban renewal\ndebt statement was filed, not later than the twenty-fifth day of\nOctober, January and April, respectively. A duplicate copy of every\nannual and supplemental housing and urban renewal debt statement shall\nbe filed in the same period of time with the clerk or corresponding\nofficer of such municipality. In the case of a city containing more than\none county, such statements in addition to being filed with the city\nclerk shall also be filed in the same period of time in the office of\nthe chief fiscal officer thereof. Such annual and supplemental housing\nand urban renewal debt statements and duplicates thereof filed pursuant\nto this section shall be public records.\n  b. The annual statement shall contain the items of indebtedness\nenumerated in section 135.00 of this chapter which are contracted by\nsuch city, town or village for the purposes set forth in paragraph a of\nsection 150.00 of this chapter. The total of such items shall constitute\nthe gross housing and urban renewal indebtedness of such municipality.\nFrom such gross indebtedness there may be deducted:\n  1. In the case of a town or a village having a population of less than\nfive thousand as determined by the last federal census, pursuant to\nsubdivision nine of section 136.00 of this chapter, the amount of\nindebtedness arising from a guarantee, a loan by the state to a housing\nauthority acting as an instrumentality of such town or village or a\ncontract for a periodic subsidy.\n  2. In the case of a city or a village having a population of five\nthousand or more as determined by the last federal census\n  (a) The unpaid balance of a loan by the state to any housing authority\nacting as an instrumentality of such city or village, if such housing\nauthority is not in default in payment under the terms of such loan.\n  (b) The amount of outstanding indebtedness contracted by a city or\nsuch a village for any project aided by a guarantee or guarantees\nrepresenting such indebtedness or by a loan or loans for which such\nindebtedness was contracted, if such project or projects shall have\nyielded net revenue during the preceding fiscal year. The determination\nas to whether such project or projects have yielded net revenue shall be\nmade pursuant to section 152.00 of this chapter.\n  (c) The amount of outstanding indebtedness arising:\n  (1) From a guarantee of the payment of the principal of and interest\non or only the interest on the indebtedness of a housing authority, or\nfrom a loan by the state to a housing authority acting as an\ninstrumentality of such city or village, or\n  (2) From a contract for a periodic subsidy to such an authority\nwhichever amount is smaller, provided that the indebtedness arising from\nsuch guarantee or loan is not otherwise deducted and provided further\nthat in the case of a guarantee and subsidy there is a contractual\nobligation to apply the sums due under such subsidy to the payment of\nall or part of the debt service so guaranteed and that in the case of a\nstate loan and subsidy there is a contractual obligation to apply the\nsums due under such subsidy to the payment of all or part of the debt\nservice of such loan. The indebtedness on account of a subsidy and the\nindebtedness arising from a guarantee shall be ascertained pursuant to\nsection 143.00 of this chapter.\n  (d) The amount of outstanding indebtedness contracted for the purposes\nset forth in paragraph a of section 150.00 of this chapter having a\nperiod of probable usefulness determined pursuant to any subdivision,\nother than subdivision forty-one-a, of paragraph a of section 11.00 of\nthis chapter.\n  (e) The amount of outstanding indebtedness contracted pursuant to\narticle eleven of the private housing finance law.\n  2-a. In the case of the city of New York, the amount of outstanding\nindebtedness contracted by such city for any project aided by a\nguarantee or guarantees representing such indebtedness, if such project\nor projects shall have yielded net revenue during the preceding fiscal\nyear. The determination as to whether such project or projects have\nyielded net revenue shall be made pursuant to section 152.00 of this\nchapter.\n  3. The items enumerated in subdivisions ten through twelve of section\n136.00 of this chapter, which are applicable as deductions from\nindebtedness contracted for such housing purposes, or urban renewal.\n  c. There shall also be set forth in such annual statement:\n  1. A statement of the net housing and net urban renewal indebtedness\nof such a municipality. Such net indebtedness shall be computed by\nsubtracting from the gross indebtedness the total of the items which may\nbe deducted pursuant to this section.\n  2. A statement of the average assessed valuation and of the five most\nrecent assessed valuations of the real property subject to taxation in\nsuch municipality according to each of the five most recent assessment\nrolls prepared for such municipality or if less than five assessment\nrolls have been prepared then as many of such assessed valuations as are\navailable.\n  3. A statement of the total amount of indebtedness for housing and\nurban renewal purposes which may be contracted by such municipality\npursuant to paragraph a of section 150.00 of this chapter, and the net\nmargin of debt-contracting power for such purposes which shall be\nascertained by deducting the net indebtedness from such total amount of\nindebtedness which may be contracted for such purposes.\n  4. A statement of the percentage of the debt-contracting power of such\nmunicipality for housing and urban renewal purposes which has been\nexhausted. Such percentage shall be obtained by dividing the net\nindebtedness of such municipality for such purposes by the total amount\nof indebtedness which it may contract for such purposes pursuant to\nsection 150.00 of this chapter.\n  d. The state comptroller shall prescribe the form of the annual and\nsupplemental housing and urban renewal debt statements and may require\nthat there be submitted with either the annual or the supplemental\nstatement, or with both, such other information as he deems appropriate.\n  e. The state comptroller shall prepare printed forms of the annual and\nsupplemental housing and urban renewal debt statements and shall make\nthem available for distribution to cities, towns and villages.\n  f. The state comptroller shall charge the fees prescribed in paragraph\nc of section 141.00 of this chapter for copies, certified copies and\nexemplified copies of such debt statements and for searches for such\nstatements.\n  g. This section shall not apply to indebtedness contracted by a city,\ntown or village for housing or urban renewal purposes (i) to the extent\nthat the legislative power to authorize the contracting of indebtedness\ntherefor is derived from sections two and four of article eight of the\nconstitution or from any other provision of the constitution outside of\narticle eighteen thereof, or (ii) to the extent that there is a\nsufficient margin of debt contracting power to cover indebtedness for\nhousing or urban renewal contracted pursuant to article eighteen of the\nconstitution within the debt limit established by section four of\narticle eight of the constitution unless the finance board shall elect\nto charge any such outstanding indebtedness or any part thereof to the\ndebt limit provided in paragraph a of section 150.00 of this chapter. If\nno part of such indebtedness for housing and urban renewal purposes is\ncharged to the debt limit provided in paragraph a of section 150.00 of\nthis chapter, no annual or supplemental housing and urban renewal debt\nstatement need be filed.\n
N.Y. PBA Law § 1964-A — New York Code / Act PBA / Article 8 / Title 11 / Section 1964-A
Financial records
Status: in_force

§ 1964-a. Financial records. 1. The authority shall maintain books and\nrecords in such form as may be prescribed by the state comptroller.\n  2. Annually within ninety days following the close of its fiscal year,\nthe authority shall prepare and file a financial report for that fiscal\nyear complying with the requirements of section eight hundred fifty-nine\nof the general municipal law.\n  3. If the authority fails to file or substantially complete, as\ndetermined by the state comptroller, the financial statement required by\nsection eight hundred fifty-nine of the general municipal law, the\npenalties set forth in section eight hundred fifty-nine of the general\nmunicipal law shall apply to the authority.\n  4. The authority shall mail or deliver to the chief executive officer\nand the governing body of the city of Troy and make available for public\ninspection and comment its proposed budget for the forthcoming fiscal\nyear, no later than twenty business days before adoption. At such time,\nthe authority shall file its proposed budget with the clerk of the city\nof Troy. Such proposed budget shall contain detailed estimates of the\namount of revenues to be received and expenditures to be made during the\nforthcoming fiscal year. Following its consideration of the comments\nreceived, the authority may revise its budget accordingly and shall file\nthe revised budget with the clerk of the city of Troy.\n  5. Payments in lieu of taxes received by the authority shall be paid\nover to each affected tax jurisdiction within thirty days of receipt.\n  6. Payments in lieu of taxes which are delinquent under the agreement\nor which the authority fails to remit pursuant to subdivision five of\nthis section shall be subject to a late payment penalty of five percent\nof the amount due which shall be paid by the project occupant (where\ntaxes are delinquent because of the occupant's failure to make the\nrequired payment) or the agency (because of the agency's failure to\nremit pursuant to subdivision five of this section) to the affected tax\njurisdiction at the time the payment in lieu of taxes is paid. For each\nmonth, or part thereof, that the payment in lieu of taxes is delinquent\nbeyond the first month, interest shall accrue to and be paid by the\nproject occupant (where taxes are delinquent because of the occupant's\nfailure to make the required payment) or the agency (because of the\nagency's failure to remit pursuant to subdivision five of this section)\nto the affected tax jurisdiction on the total amount due plus a late\npayment penalty in the amount of one percent per month until the payment\nis made.\n  7. An affected tax jurisdiction which has not received a payment in\nlieu of taxes due to it under an agreement may commence legal action in\nany court of competent jurisdiction directly against any person, firm,\ncorporation, organization or agency which is obligated to make payments\nin lieu of taxes under an agreement and has failed to do so.  In such an\naction, the affected tax jurisdiction shall be entitled to recover the\namount due, the late payment penalty, interest, expenses, costs and\ndisbursements together with the reasonable attorneys' fees necessary to\nprosecute such action. Nothing herein shall be construed as providing an\naffected tax jurisdiction with the right to sue and recover from an\nagency which has not received payments in lieu of taxes from a project\noccupant.\n  8. Any refinancing of a project shall be subject to the provisions of\nsection nineteen hundred fifty-three-a of this chapter, except where\nsuch refinancing was previously approved pursuant to such section.\n  9. Agents of the authority and project operators shall annually file a\nstatement with the state department of taxation and finance, on a form\nand in such a manner as is prescribed by the commissioner of taxation\nand finance, of the value of all sales and use tax exemptions claimed by\nsuch agents or agents of such agents or project operators, including,\nbut not limited to, consultants or subcontractors of such agents or\nproject operators under the authority granted pursuant to this section.\nThe penalty for failure to file such statement shall be removal of\nauthority to act as agent of the authority or project operator.\n
N.Y. ENV Law § 11-1107 — New York Code / Act ENV / Article 11 / Title 11 / Section 11-1107
Possession, transportation and sale
Status: in_force

§ 11-1107. Possession, transportation and sale.\n  Wildlife taken by trapping may be possessed, transported, bought and\nsold as provided in section 11-0917, and shall not be possessed,\ntransported, bought or sold except as so provided.\n
N.Y. SOS Law § 364-M — New York Code / Act SOS / Article 5 / Title 11 / Section 364-M
Statewide patient centered medical home program
Status: in_force

* § 364-m. Statewide patient centered medical home program. 1. The\ncommissioner of health is authorized to certify certain clinicians and\nclinics as health care homes in order to improve health outcomes and\nefficiency through patient care continuity and coordination of health\nservices. These providers will be eligible for enhanced payments for\nservices provided to: recipients eligible for Medicaid fee-for-service;\nenrollees eligible for Medicaid managed care; enrollees eligible for and\nenrolled in Family Health Plus organizations pursuant to title eleven-D\nof this article ("Family Health Plus"); and enrollees eligible for and\nenrolled in Child Health Plus. As used in this section "clinic" means a\ngeneral hospital providing outpatient care or a diagnostic and treatment\ncenter, licensed under article twenty-eight of the public health law.\n  2. By December first, two thousand nine, the commissioner of health\nshall develop and implement standards of certification for patient\ncentered medical homes for Medicaid fee-for-service and Medicaid managed\ncare, Family Health Plus and Child Health Plus programs. In developing\nsuch standards, the commissioner of health shall: (a) consider existing\nstandards developed by national accrediting and professional\norganizations; and (b) consult with national and local organizations\nworking on medical home models, physicians, hospitals, clinics, health\nplans and consumers and their representatives.\n  3. To maintain their certification, patient centered medical homes\nmust:  (a) renew their certification at a frequency determined by the\ncommissioner of health; and (b) provide data to the department of health\nand to health plans in which the patient is enrolled to permit the\ncommissioner of health to evaluate the impact of patient centered\nmedical homes on quality, outcomes and cost.\n  4. Subject to the availability of funding and federal financial\nparticipation, the commissioner of health is authorized:\n  (a) To pay enhanced rates of payment to clinics and clinicians that\nare certified as patient centered medical homes under this section. Such\nenhancements may be tiered based on the level of standard achieved by\nthe clinician or clinic; and\n  (b) To pay additional amounts for patient centered medical homes that\nmeet specific process or outcome standards specified by the commissioner\nof health.\n  5. By December thirty-first, two thousand twelve, the commissioner of\nhealth shall report to the governor and the legislature on the impact of\nthe statewide patient centered medical home program on quality, cost and\noutcomes for enrollees in Medicaid fee-for-service, Medicaid managed\ncare, Family Health Plus and Child Health Plus.\n  * NB Repealed April 1, 2028\n
N.Y. ENV Law § 51-1105 — New York Code / Act ENV / Article 51 / Title 11 / Section 51-1105
Approval and execution of projects
Status: in_force

§ 51-1105. Approval and execution of projects.\n  1. Metropolitan park, open space preservation, waterway, and trailway\nprojects shall be undertaken pursuant to this title only with the\napproval of the commissioner.\n  2. Such projects as have been approved by the commissioner shall be\nexecuted by the office in the manner provided by applicable law.\n
N.Y. SOS Law § 367-T — New York Code / Act SOS / Article 5 / Title 11 / Section 367-T
Payment for emergency physician services
Status: in_force

§ 367-t. Payment for emergency physician services. Amounts payable\nunder this title for medical assistance for items and services provided\nto eligible persons by qualified emergency physicians, provided in an\nemergency room of an entity certified pursuant to article twenty-eight\nof the public health law to treat an emergency condition, as defined in\nsubdivision three of section forty-nine hundred of the public health\nlaw, which are authorized pursuant to section three hundred sixty-five-a\nof this title shall be no less than twenty-five dollars per visit. For\nthe purpose of this section eligible persons shall not include persons\nprovided items and services by the medicaid managed care program.\n
N.Y. PBA Law § 1276-F — New York Code / Act PBA / Article 5 / Title 11 / Section 1276-F
Metropolitan transportation authority transit performance metrics
Status: in_force

§ 1276-f. Metropolitan transportation authority transit performance\nmetrics. 1. Definitions. For the purposes of this section, the following\nterms shall have the following meanings:\n  (a) "additional platform time" means for the subways the average added\ntime that customers spend waiting on the platform for a train, compared\nwith their scheduled wait time.\n  (b) "additional train time" means for the subways the average\nadditional time customers spend onboard the train, compared with their\nscheduled on-train time.\n  (c) "customer journey time performance" means for the subways the\npercentage of customer trips with an estimated total travel time within\nfive minutes of the scheduled total travel time.\n  (d) "elevator availability" means percentage of facilities that\nrequire the use of stairs and have an operational elevator.\n  (e) "escalator availability" means percentage of facilities that\nrequire the use of stairs and have an operational escalator.\n  (f) "additional journey time" means for the subways comparison of\nmeasured or estimated actual journey time compared to schedule.\n  (g) "journey time" means for the subways time on platform and the time\non train. Journey time is calculated as either actual journey times that\ncustomers experience, or as scheduled journey times. Journey time and\nits components may be based on a manual or an automatically generated\nsample.\n  (h) "major incidents" mean (1) for the subway incidents that delay\nfifty or more trains where a train is considered delayed if it is more\nthan five minutes late or skips planned stops, and (2) for the commuter\nrailroads incidents that delay ten or more trains greater than five\nminutes and fifty-nine seconds.\n  (i) "lost time accidents" means a job related incident that results in\nthe inability of an employee to perform full job duties for at least one\nworking day beyond the day of the incident. Rates are based on lost time\naccidents per one hundred employees.\n  (j) "employees' lost time days" means for the commuter railroads the\ntotal number of calendar days employees' treating medical professionals\nhave determined that they cannot work due to an occupation injury or\nillness.\n  (k) "employee lost time rate" means for the commuter railroads the\nnumber of occupational injuries or illnesses per two hundred thousand\nemployee hours worked.\n  (l) "terminal on-time performance" means (1) for the subways the\npercentage of trains arriving at their destination terminals as\nscheduled with a train counted as on-time if it arrives at its\ndestination early, on time, or no more than five minutes late, and has\nnot skipped any planned stops, and (2) for the commuter railroads the\npercentage of trains arriving at their final destination terminals as\nscheduled with a train counted as on-time if it arrives at its\ndestination early, on-time or no more than five minutes and fifty-nine\nseconds late. Provided that the percentage of trains not arriving at\ntheir final destinations shall include unscheduled cancellations.\n  (m) "additional data" means (1) for the subways the percentage of\ntrains arriving at their scheduled terminals between four and five\nminutes after their scheduled arrival time; (2) for the commuter\nrailroads the percentage of trains arriving at their scheduled terminals\nbetween four and five minutes and fifty-nine seconds after their\nscheduled arrival time; and (3) for commuter rails the percentage of\ncancelled trains.\n  2. Reporting. The authority shall take all practicable measures to\ncollect, compile and publish meaningful and informative performance\nmetrics for all customer trips provided by the New York city transit\nauthority subways, Long Island rail road and Metro-North commuter\nrailroad on a monthly basis including all applicable performance metrics\nas defined in subdivision one of this section. If the authority cannot\npracticably collect and compile any such performance metric for a\ncustomer trip type, it may, subject to the approval by the chairman of\nthe metropolitan transportation authority, substitute an equivalent\nperformance metric based on international public transport benchmarking\nand best practices that comparably measures system performance and\nservice delivery.\n  3. International benchmarking. (a) The authority shall publish an\nannual report presenting the authority's performance in comparison with\nother national and international peer agencies. This report shall\ninclude, but not be limited to, the following metrics:\n  (i) total operating cost per car per mile;\n  (ii) maintenance cost per car per mile;\n  (iii) passenger journeys per total staff and contractor hours; and\n  (iv) staff hours lost to accidents.\n  (b) The authority shall also provide an annual implementation report\nto the governor, the temporary president of the senate, the speaker of\nthe assembly, the minority leader of the assembly and senate, and the\nchairs and ranking members of the transportation and corporations,\nauthorities and commissions committees on or before January thirty-first\nevery year, and publish such report on its website.\n
N.Y. PBA Law § 1299-T — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-T
Contracts
Status: in_force

§ 1299-t. Contracts. The authority shall promulgate regulations\npursuant to the state administrative procedure act governing the award\nof all contracts for public work and all purchase contracts, including\nthe procurement of supplies, material and equipment; personal and\nprofessional service contracts; emergency purchases; and advertising.\nPrior to promulgating such regulations, the authority shall submit the\nproposed regulations for comment to the chief executive officers and\ncounty legislatures of Erie county and Niagara county. The authority\nshall also establish internal controls necessary to insure compliance\nwith these regulations. The authority shall retain independent auditors\nto analyze and evaluate the effectiveness of such internal controls.\n
N.Y. ENV Law § 71-1103 — New York Code / Act ENV / Article 71 / Title 11 / Section 71-1103
Power to sue
Status: in_force

§ 71-1103. Power to sue.\n  The department may bring actions, suits or proceedings as in its\njudgment may be necessary and proper to enable it to perform any of the\nduties imposed upon it by the provisions of article 15 except section\n15-1713 thereof as amended or to prevent the violation by any person or\npublic corporation of any of the provisions thereof; and may defend such\nactions, suits or proceedings as may arise through the performance of\nany duties or functions imposed upon it by the provisions of article 15\nexcept section 15-1713 thereof, as amended.\n
N.Y. VAT Law § 2250 — New York Code / Act VAT / Title 11 / Article 48 / Section 2250
Jurisdiction of department
Status: in_force

§ 2250. Jurisdiction of department. The registration of vessels shall\nbe under the jurisdiction of the department. For the purposes of this\narticle, a vessel shall be every description of watercraft, other than a\nseaplane, used or capable of being used as a means of transportation on\nwater. A vessel propelled by an outboard motor shall include the hull,\nbut shall not include the outboard motor.\n
N.Y. PBA Law § 1969 — New York Code / Act PBA / Article 8 / Title 11 / Section 1969
Inconsistent provisions in other acts superseded
Status: in_force

§ 1969. Inconsistent provisions in other acts superseded. Insofar as\nthe provisions of this title are inconsistent with the provisions of any\nother act, general or special, or of any local law of the city, the\nprovisions of this title shall be controlling.\n
N.Y. PBA Law § 1313 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1313
Right of state to require redemption of bonds
Status: in_force

§ 1313. Right of state to require redemption of bonds. Notwithstanding\nand in addition to any provisions for the redemption of bonds which may\nbe contained in any contract with the holders of the bonds, the state\nmay, upon furnishing sufficient funds therefor, require the authority to\nredeem, prior to maturity, as a whole, any issue of bonds on any\ninterest payment date not less than twenty years after the date of the\nbonds of such issue at one hundred five per centum of their face value\nand accrued interest or at such lower redemption price as may be\nprovided 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 in the counties of\nAlbany, Schenectady, Rensselaer and Saratoga at least twice, the first\npublication to be at least thirty days before the date of redemption.\n
N.Y. PBA Law § 2982 — New York Code / Act PBA / Article 9 / Title 11 / Section 2982
Scope of title
Status: in_force

§ 2982. Scope of title. Except where such an action is statutorily\nrequired to be brought only in the court of claims, this title shall be\napplicable to all wrongful death actions brought against a public\nauthority or public benefit corporation, notwithstanding any\ninconsistent provisions of law, general, special or local, or any\nlimitation contained in the provisions of any city charter.\n
N.Y. PBA Law § 1956 — New York Code / Act PBA / Article 8 / Title 11 / Section 1956
Construction and purchase contracts
Status: in_force

§ 1956. Construction and purchase contracts. The provisions of law\nrelating to the requirement of public bidding with respect to the\nconstruction of public facilities or projects shall not be applicable to\nthe acquisition, construction, reconstruction, improvement, maintenance,\nequipping and furnishing of projects authorized by this title.\n
N.Y. SOS Law § 367-U — New York Code / Act SOS / Article 5 / Title 11 / Section 367-U
Payment for home telehealth services
Status: in_force

§ 367-u. Payment for home telehealth services. 1. Subject to the\napproval of the state director of the budget, the commissioner may\nauthorize the payment of medical assistance funds for demonstration\nrates or fees established for home telehealth services provided pursuant\nto subdivision three-c of section thirty-six hundred fourteen of the\npublic health law.\n  2. Subject to federal financial participation and the approval of the\ndirector of the budget, the commissioner shall not exclude from the\npayment of medical assistance funds the delivery of health care services\nthrough telehealth, as defined in subdivision four of section two\nthousand nine hundred ninety-nine-cc of the public health law. Such\nservices shall meet the requirements of federal law, rules and\nregulations for the provision of medical assistance pursuant to this\ntitle.\n
N.Y. ENV Law § 27-1102 — New York Code / Act ENV / Article 27 / Title 11 / Section 27-1102
Hazardous waste disposal capacity assurances and statewide hazardous waste facility siting plan
Status: in_force

§ 27-1102. Hazardous waste disposal capacity assurances and statewide\n             hazardous waste facility siting plan.\n  1. The department shall immediately begin preparation of a statewide\nhazardous waste facility siting plan to establish a framework to guide\nstate agencies and authorities and the facility siting board established\npursuant to section 27-1105 of this title in the discharge of their\nresponsibilities and to assure the availability of industrial hazardous\nwaste treatment, storage and disposal facilities which:\n  a. have adequate capacity for the destruction, treatment or secure\ndisposition of all hazardous wastes that are reasonably expected to be\ngenerated within the state in the next twenty years;\n  b. are within the state or outside the state in accordance with an\ninterstate agreement or regional agreement or authority;\n  c. comply with all federal and state requirements governing such\nfacilities; and\n  d. comply with the preferred hazardous waste management practices\nhierarchy established pursuant to section 27-0105 of this article.\n  2. The plan shall include but not be limited to:\n  a. an inventory and appraisal including the identification, location\nand life expectancy of all industrial hazardous waste treatment, storage\nand disposal facilities located within the state.\n  b. a compilation and analysis of existing inventories, reports and\nstudies of the sources, composition and quantity of industrial hazardous\nwaste generated within the state and of existing programs for waste\nreduction, recycling and reuse.\n  c. long-range projections of at least twenty years of the amounts and\ncomposition of hazardous waste which will be generated within the state\nand, to the extent feasible, in neighboring states.\n  d. a schedule for phasing out land disposal, other than treated\nresiduals in compliance with the policy established in section 27-0105\nof this article.\n  e. the identification, if appropriate, of areas of the state which\nhave compatible hazardous waste generation streams and similar interests\nin providing regional hazardous waste management and disposal capacity\nto primarily service such areas.\n  f. a determination of the number, size, type and location by area of\nthe state of new or expanded industrial hazardous waste treatment,\nstorage and disposal facilities which will be needed for the proper\nlong-term management of hazardous waste consistent with the assurances\nrequired pursuant to subdivision one of this section and an equitable\ngeographic distribution of facilities.\n  g. an analysis of transportation routes and transportation risk and\ncosts from industrial hazardous waste generators to existing or\npotentially suitable sites for industrial hazardous waste treatment,\nstorage and disposal facilities.\n  h. recommendations on regional and statewide coordination of methods\nand procedures to encourage cooperative treatment, storage, disposal and\ntransportation of industrial hazardous waste and other such hazardous\nwaste management methods.\n  i. recommendations on procedures for periodically updating the\nstatewide hazardous waste facility siting plan and for future\ncoordination of hazardous waste management and planning on a regional\nbasis.\n  3. The department shall prepare and adopt a draft statewide hazardous\nwaste facility siting plan within six months after the effective date of\nthis section.\n  4. Upon completion of the draft plan, the department shall make it\navailable to all interested persons. The department shall publicize such\nplan and solicit comments. The department shall hold at least one public\nhearing within each region of the state to review and solicit comments\non the draft plan.\n  5. Within twelve months after the effective date of this section, the\ndepartment shall have completed public hearings on the draft plan and\nshall have considered comments and shall make such revisions to the\ndraft plan as it deems necessary or appropriate. The department shall\nmake the revised plan available to all interested persons and shall\nsolicit comments and hold public hearings on the revised plan.\n  6. Within fifteen months after the effective date of this section, the\ndepartment shall make any final revisions as it deems necessary or\nappropriate and adopt the plan. The adopted plan shall be transmitted to\nthe governor and the legislature and made available to all interested\nparties.\n  7. Upon adoption of the plan the department shall immediately\nestablish a schedule for siting any new or expanded industrial hazardous\nwaste treatment, storage or disposal facilities identified as necessary\nin such plan.\n
N.Y. ENV Law § 9-1121 — New York Code / Act ENV / Article 9 / Title 11 / Section 9-1121
Fire moneys and accounts
Status: in_force

§ 9-1121. Fire moneys and accounts.\n  In order to carry into effect the provisions of this title the\nfollowing is prescribed:\n  1. Temporary loan. The State Comptroller shall have, subject to the\napproval of the Governor, the authority to make, on behalf of the state\na temporary loan not exceeding one hundred thousand dollars in any\nfiscal year, for the use of the department in protecting the forests and\nextinguishing fires as provided by title 11 of this article upon the\ncertification of the department that any emergency exists whereby\nthrough insufficiency of appropriations it is found to be impossible to\nprotect the forests from fire. The Comptroller shall thereupon borrow\nsuch sums as may be directed by the Governor for such purposes and shall\nreport such transactions to the legislature which shall thereupon\nappropriate the moneys borrowed. Section 41 of the State Finance Law\nshall not apply to any indebtedness so incurred.\n  2. Payment of fire bills. All salaries and other expenses incurred by\nthe department and its employees in protecting the forests from fire\nshall be paid by the state.\n  3. Rebate by counties. The full expense incurred by a town supervisor\nacting as superintendent of fires as provided in subdivision twelve of\nsection twenty-nine of the town law and paid by the town in\nextinguishing fires actually burning except salaries and expenses of\nregular employees shall be a charge upon the county in which the fire\nburned provided that the county has within its borders any fire town or\nfire district as provided in subdivision 1 or 2 of section 9-1109 of\nthis title and provided that no part of the expenses incurred in\nextinguishing fires on Indian reservations located in Cattaraugus or\nSuffolk county shall be a charge upon or payable by such counties. The\nsupervisors acting as superintendents of fires shall on or before\nSeptember first, of each year, transmit to the clerk of the board of\nsupervisors or county legislative body of each county in which such\nexpense of extinguishing fires was incurred, a summary statement of\nexpenses incurred together with the amount charged against the county,\nexcept that a detailed statement of expenses shall be furnished for any\ndesignated fire or fires when so requested by a county. The clerk shall\nthereupon cause the amount due to the town to be included in the budget\nand levied upon the taxable property of such county at the same time and\nin the same manner as other county charges, and the amount due the town\nso levied shall be paid by the County Treasurer, on or before May first\nfollowing the levy thereof to the town supervisor according to such\nclaim.\n  4. May pay accounts. If any person incurs expenses fighting forest\nfires in a fire town, or in a town included in a fire district as\ndefined in subdivision 2 of section 9-1109, the department may upon the\nreceipt of satisfactory proof and accounts filed in its offices within\nsixty days from the time the expense was incurred audit and pay all or\nsuch portion thereof as in its judgment the public interest requires.\n  5. Recovery of expenses. Any moneys necessarily expended by the state,\na municipality, or any person in fighting forest fires may be sued for\nby the state, municipality or person expending the same and recovered\nfrom the person causing the fire. Such actions may be maintained in\naddition to other actions for damages or penalties and may be demanded\nin the same or separate actions.\n  6. Certain towns raise fire fund. Towns other than fire towns may\nraise necessary funds for prevention and extinguishment of forest fires\nin their towns either by levy or pursuant to the Local Finance Law.\n  7. Advance by Comptroller. Upon request of the department, the\nComptroller may advance a sum, not to exceed five thousand dollars at\nany time, to the department for the purpose of facilitating payment of\nfire accounts.\n
N.Y. LFN Law § 152.00 — New York Code / Act LFN / Article 2 / Title 11 / Section 152.00
Deductions for self-liquidating housing projects
Status: in_force

§ 152.00 Deductions for self-liquidating housing projects. a. As used\nin this section:\n  1. The term "authority" shall mean a housing authority owning or\noperating a project or projects aided by (a) a guarantee or guarantees\nof the city representing indebtedness which the city is seeking to\nexclude pursuant to this section, or (b) a loan or loans from the city\nfor which the city contracted indebtedness, which indebtedness the city\nis seeking to exclude pursuant to this section.\n  2. The term "housing company" shall mean a housing company organized\nunder article two or article four of the private housing finance law, as\namended from time to time, owning or operating a project or projects\naided by a loan or loans from a city for which the city has contracted\nindebtedness, which indebtedness it is seeking to exclude pursuant to\nthis section.\n  3. The term "project" shall mean that term as defined in section three\nof the public housing law and section two of article two of the private\nhousing finance law as amended from time to time. Such term shall also\ninclude an existing multiple dwelling aided by a loan pursuant to\narticle eight of the private housing finance law.\n  4. The term "fiscal year" shall mean the fiscal year of the city.\n  b. In ascertaining the power of any city to contract indebtedness to\neffectuate any of the purposes of article eighteen of the state\nconstitution, as implemented by the public housing law and any other\nlaws, there may be excluded any indebtedness contracted by a city for\nany project or projects aided by a guarantee or guarantees representing\nsuch indebtedness or by a loan or loans for which such indebtedness was\ncontracted if such project or projects shall have yielded net revenue\nduring the preceding fiscal year, provided that in the case of\nguarantees, the interest on such indebtedness and the amounts required\nin such fiscal year for the payment of such indebtedness shall have been\npaid and that in the case of loans, the amount the city shall have been\nrequired to pay in such fiscal year for interest on and principal of\nsuch indebtedness shall have been paid to the city.\n  c. In determining whether or not a project or projects have yielded\nnet revenue during the preceding fiscal year:\n  1. Periodic subsidies shall be included in computing gross revenues.\n  2. There shall be deducted from the gross revenues received from such\nproject or projects during such preceding fiscal year an amount equal to\nall costs of operation, maintenance, repairs and replacements, and the\ninterest on such indebtedness and the amounts required in such fiscal\nyear for the payment of such indebtedness.\n  d. At any time after the close of the fiscal year of such city, the\nchief fiscal officer thereof may, in his discretion, file with the state\ncomptroller a financial statement of such project or projects for the\npurpose of obtaining the exclusion referred to in paragraph b of this\nsection if\n  1. In the case of a project or projects aided by a guarantee, or\nguarantees, interest on and the amount required for the payment of such\nindebtedness in such preceding fiscal year shall have been paid,\n  2. In the case of a loan or loans, the amount the city was required to\npay in such preceding fiscal year for interest on and principal of such\nindebtedness shall have been paid to such city,\nand the chief fiscal officer is of the opinion that the project has\nyielded net revenue during such preceding fiscal year.\n  e. The officers, boards and agencies of the authority, housing company\nor owner of an existing multiple dwelling aided by a loan pursuant to\narticle eight of the private housing finance law, as the case may be,\nshall furnish to the chief fiscal officer of such city such data and\ninformation in their possession with respect to the project or projects\nas he shall require to enable him to determine whether the project or\nprojects have yielded net revenue. The statement submitted to the state\ncomptroller by the chief fiscal officer of the city shall be verified by\nthe chief fiscal officer and shall be in such form and shall contain\nsuch information as shall be prescribed by the state comptroller;\nprovided, however, that it shall contain a declaration that the payments\nrequired under subdivisions one and two of paragraph d of this section\nhave been made.\n  f. However, prior to the submission of such financial statement to the\nstate comptroller, the chief fiscal officer of such municipality shall\ncause to be published a notice that on the date specified therein, which\ndate shall be at least two weeks subsequent to the date of the\npublication of such notice, such financial statement will be filed with\nthe state comptroller. Such notice shall be published in the official\nnewspaper or newspapers of the municipality or if there be no such\nnewspaper or newspapers then the finance board shall designate one or\nmore newspapers having a general circulation in such municipality for\nthe publication of such notice. The notice shall also contain a\nstatement of the amount of indebtedness sought to be excluded and a\nbrief description of the project or projects. A copy of the financial\nstatement and of all documents, computations and other data and\ninformation which will be submitted by the chief fiscal officer to the\nstate comptroller in support of such financial statement shall be filed\nin the office of such chief fiscal officer and shall be public records.\n  g. Upon the receipt of such a financial statement from the chief\nfiscal officer of such city, the state comptroller forthwith shall\nreview the facts set forth therein. The state comptroller shall have\npower to examine the accounts and records of the city and of the\nauthority, housing company or owner of an existing multiple dwelling\naided by a loan pursuant to article eight of the private housing finance\nlaw, as the case may be, with respect to the project or projects. He may\nalso require the chief fiscal officer and other officers, boards and\nagencies of the city and of the authority or housing company, as the\ncase may be, and any such owner of an existing multiple dwelling, to\nfurnish such additional data and information in their possession as he\ndeems necessary to enable him to make his determination.\n  h. The state comptroller shall issue a written certificate setting\nforth his determination as to whether such indebtedness may be excluded.\nIf the exclusion is allowed by the state comptroller, the certificate\nshall constitute the authorization for the exclusion of such\nindebtedness in ascertaining the power of such city to contract\nindebtedness to effectuate any of the purposes of article eighteen of\nthe state constitution as implemented by the public housing law and any\nother laws. Such authorization shall remain effective until the last day\nof the seventh month following the close of the fiscal year in which\nsuch financial statement shall have been submitted. If the state\ncomptroller disallows the claims of the municipality for the exclusion,\nhe shall set forth the reasons for such disallowance. The determination\nof the state comptroller shall be conclusive. The certificate of the\nstate comptroller shall be executed under his hand and seal in\ntriplicate. One of such triplicates shall be filed in the department of\naudit and control, one in the office of the state commissioner of\nhousing and one in the office of the chief fiscal officer of such city.\nAll such triplicates shall be public records.\n
N.Y. VAT Law § 2290 — New York Code / Act VAT / Title 11 / Article 48-B / Section 2290
Rules and regulations
Status: in_force

§ 2290. Rules and regulations. The commissioner shall make such rules\nand regulations as he may deem necessary to carry out the provisions of\nthis article.\n
N.Y. PBA Law § 1267-B — New York Code / Act PBA / Article 5 / Title 11 / Section 1267-B
Transit facilities for transit construction fund
Status: in_force

§ 1267-b. Transit facilities for transit construction fund. 1.  As\nused in this section, unless a different meaning clearly appears from\nthe context:\n  a. "City" shall mean the city of New York.\n  b. "Transit construction fund act" shall mean title nine-a of article\nfive of this chapter.\n  c. "Transit construction fund" shall mean the corporation created by\nsection one thousand two hundred twenty-five-c of this chapter.\n  d. "Transit facility" shall mean such term as defined from time to\ntime in section one thousand two hundred twenty-five-b of this chapter.\n  2. In addition to the powers provided elsewhere in this title, and to\neffectuate the purposes of the transit construction fund act, the\nauthority may:\n  a. Plan, design, construct, acquire, extend, reconstruct,\nrehabilitate, modernize and otherwise improve transit facilities in\naccordance with the terms and conditions of any lease or other agreement\nwith the transit construction fund;\n  b. Occupy the streets of the city of New York, without further consent\nor payment, in the course of constructing and thereafter owning a\ntransit facility which consists of a rapid transit railroad or portion\nthereof, provided such construction is carried out in accordance with\nthe terms of a lease or other agreement with the transit construction\nfund entered into pursuant to the provisions of the transit construction\nfund act;\n  c. Make and execute contracts, leases, subleases, and all other\ninstruments or agreements deemed necessary or convenient;\n  d. Authorize the use by the transit construction fund, either with or\nwithout compensation to the authority or any subsidiary of the agents,\nemployees and facilities of the authority or any subsidiary;\n  e. Undertake planning, design and feasibility studies in accordance\nwith the terms and conditions of any agreement with the transit\nconstruction fund or the city; and\n  f. Do any and all other things deemed necessary or convenient.\n  3. All of the provisions of this title not inconsistent with the\nprovisions of this section shall be applicable with respect to any bonds\nor notes of the authority issued to finance any purpose authorized under\nthis section or the transit construction fund act, subject to the\nfollowing conditions and exceptions:\n  a. Payment of the principal, redemption premium, if any, and interest\non such bonds and notes shall be made only from monies payable to the\nauthority from the transit construction fund under a lease or other\nagreement entered into pursuant to the provisions of the transit\nconstruction fund act, and any security given by the authority for the\npayment of such principal, redemption premium or interest on such bonds\nand notes shall be limited to the monies so payable from the transit\nconstruction fund. The authority shall not grant any security interest\nin or otherwise encumber any transit facility leased to the transit\nconstruction fund.\n  b. The provisions of section one thousand two hundred seventy of this\nchapter, relating to the creation and establishment of and\nappropriations and payments to certain debt service reserve funds shall\nbe inapplicable; provided that nothing herein contained shall be deemed\nto prohibit the creation and establishment of one or more reserve funds\nfor debt service as authorized by section one thousand two hundred\nsixty-nine of this chapter;\n  c. In addition to the statement required by subdivision eight of\nsection one thousand two hundred sixty-nine of this chapter, such bonds\nand notes shall contain on the face thereof a statement to the effect\nthat the city shall not be liable thereon and that the same shall not be\na debt of the city.\n  4. Nowithstanding the provisions of any general or special law to the\ncontrary, or of any agreement entered into in pursuance thereof relating\nto the repayment of any loan or advance made by the state to the\nauthority, the authority shall not be required to repay any such loan or\nadvance from or by reason of the issuance of (i) bonds or notes of the\nauthority issued to finance any purpose authorized under this section or\nthe transit construction fund act, or the proceeds realized upon such\nissuance, or from (ii) any other funds of the authority derived from the\ntransit construction fund or from any other source whatever to\neffectuate the purposes of the transit construction fund act.\n
N.Y. PBA Law § 1334 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1334
Cooperation and assistance of other agencies
Status: in_force

§ 1334. Cooperation and assistance of other agencies. In the interest\nof economy and to promote coordination of authority projects with state,\nlocal, county and regional plans and also to carry out the objective of\nfull participation of all agencies in the development of a\ntransportation system and facilities to meet the objectives of this act,\nthe authority shall request and use existing studies, master plans,\nsurveys, data and other materials completed by or under development by\nany state agency or any municipality or political subdivision of the\nstate. The authority shall consult with and cooperate with the\ncommissioner and with planning authorities in the areas of its\noperations and shall utilize local or state planning. When a project is\ncontemplated by the authority, the authority shall submit a preliminary\nprospectus thereof to the commissioner for review and comment and shall\nconsider the report of the commissioner in formulating detailed plans\nfor such project. When a project is contemplated by the authority within\nthe jurisdiction of any county planning board or the central New York\nregional planning and development board, the authority shall prepare and\nsubmit to such planning board or boards a preliminary prospectus\nthereof, describing the purpose, general location, and nature of the\nproject contemplated, with such further data relative thereto that the\nauthority shall consider pertinent. Within sixty days of receipt of such\nprospectus such planning board or boards shall prepare a report thereon,\ncommenting on its conformity or lack of conformity with any related\nofficial plan of the state or region or any official planning agency\nwithin the region. Such report shall be considered by the authority in\nformulating detailed plans for such a project. At the request of the\nauthority, each such agency, municipality or subdivision which is\nengaged in highway or other transportation activities or in land use or\ndevelopment planning, or which is charged with the duty of providing or\nregulating any transportation facility or any other public facility, is\nfurther authorized to provide the authority with information regarding\nits plans and programs affecting the transportation district so that the\nauthority may have available to it current information with respect\nthereto. The officers and personnel of such agencies, municipalities or\nsubdivisions, and of any other government or agency whatever, may serve\nat the request of the authority upon such advisory committees as the\nauthority shall determine to create and such officers and personnel may\nserve upon such committees without forfeiture of office or employment\nand with no loss or diminution in the compensation, status, rights and\nprivileges which they otherwise enjoy.\n
N.Y. PBA Law § 1299-C — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-C
Niagara Frontier transportation authority
Status: in_force

1299-c. Niagara Frontier transportation authority.  1. (a) There is\nhereby created the "Niagara Frontier transportation authority." The\nauthority shall be a body corporate and politic constituting a public\nbenefit corporation. The authority shall consist of a chairman, ten\nvoting members and shall have one non-voting member as described in\nparagraph (b) of this subdivision appointed by the governor by and with\nthe advice and consent of the senate. The chairman and all members shall\nbe residents of the district. Of the ten voting members other than the\nchairman, one shall be appointed upon the written recommendation of the\nErie county executive, one shall be appointed upon the written\nrecommendation of the Erie county legislature, and at least one shall be\na transit dependent individual. The chairman and each of the members\nshall be appointed for a term of eight years, provided however, that the\nchairman first appointed shall serve for a term ending June thirtieth,\nnineteen hundred seventy-three, and of the eight other members first\nappointed, one shall serve for a term ending June thirtieth, nineteen\nhundred sixty-eight, two shall serve for a term ending June thirtieth,\nnineteen hundred sixty-nine, one shall serve for a term ending June\nthirtieth, nineteen hundred seventy, two shall serve for a term ending\nJune thirtieth, nineteen hundred seventy-one, one shall serve for a term\nending June thirtieth, nineteen hundred seventy-two and one shall serve\nfor a term ending June thirtieth, nineteen hundred seventy-three. The\nterm of one of the members appointed to memberships first created by law\nafter April first, nineteen hundred sixty-nine shall end on June\nthirtieth, nineteen hundred seventy-four, and the term of the other such\nmember shall end on June thirtieth, nineteen hundred seventy-five.\nFollowing the expiration of any term ending on or after June thirtieth,\nnineteen hundred eighty-seven, each member shall be appointed for a term\nof five years beginning on the day after the expiration date of such\nprior term; provided, however, that the term of the member first\nappointed upon the written recommendation of the Erie county executive\nand the term of the member first appointed upon the written\nrecommendation of the Erie county legislature shall be for a term ending\non June thirtieth, nineteen hundred ninety-six.\n  (b) The non-voting member of the authority, who shall not be\nconsidered in determining a quorum, shall be recommended to the governor\nby the labor organization representing the plurality of the employees\nwithin the authority and shall be a resident of the Niagara Frontier\ntransportation district as described in section twelve hundred\nninety-nine-b of this title. Such non-voting member shall be appointed\nfor a term of five years, provided, however, that if at any time during\nthe term of appointment such non-voting member ceases to be affiliated\nwith the labor organization representing the plurality of employees\nwithin the authority, then such labor organization may at any time\nduring such term recommend a new member to the governor who shall serve\nthe remainder of the term. If the local bargaining unit decertifies its\nexisting union affiliation and certifies a new union, the union which\nrepresents the plurality of the employees may recommend a new member to\nthe governor who shall serve the remainder of the term. The chairman of\nthe authority, at his or her discretion, may exclude such non-voting\nmember from attending any portion of a meeting of the authority or of\nany committee held for the purpose of discussing negotiations with labor\norganizations, pending litigation involving the labor organization, or\nthe investigation, evaluation, or discipline of an employee.\n  (c) The transit dependent individual appointed pursuant to paragraph\n(a) of this subdivision shall be appointed by the governor. Such member\nshall be a resident of a county described in paragraph (a) of this\nsubdivision. If a vacancy shall occur, a replacement shall be appointed\nwithin six months, subject to the same appointment process set forth in\nthis paragraph. Any local or statewide transit advocacy organization may\nrecommend one or more transit dependent individuals to be considered for\nappointment pursuant to this section.\n  2. The members of the authority, including the chairman shall not\nreceive a salary or other compensation. Upon formal adoption of policies\nand guidelines by the authority, each member, including the chairman,\nshall be entitled to reimbursement for actual and necessary expenses\nincurred in the performance of official duties.\n  3. A majority of the whole number of members of the authority then in\noffice shall constitute a quorum for the transaction of any business or\nthe exercise of any power of the authority. Except as otherwise\nspecified in this title, for the transaction of any business or the\nexercise of any power of the authority, the authority shall have power\nto act by a majority of the members present at any meeting at which a\nquorum is in attendance.\n  4. The chairman shall preside over the board and shall establish\ncommittees to assist the board in carrying out its duties, including but\nnot limited to a committee on operations and personnel; a committee on\nfinance and audit; and a committee on capital planning. The chairman\nshall appoint members of the authority to such committees.\n  5. The authority shall be a "state agency" for the purposes of\nsections seventy-three and seventy-four of the public officers law.\n  6. Notwithstanding any inconsistent provisions of this or any other\nlaw, general, special or local, no officer or employee of the state, or\nof any public corporation as defined in the general corporation law,\nshall be deemed to have forfeited or shall forfeit his office or\nemployment or any benefits provided under the retirement and social\nsecurity law or under any public retirement system maintained by the\nstate or any of its subdivisions by reason of his acceptance of\nmembership on or chairmanship of the authority; provided, however, a\nchairman who holds such other public office or employment shall receive\nno additional compensation for services rendered pursuant to this title,\nbut the members and chairman shall be entitled to reimbursement for\ntheir actual and necessary expenses incurred in the performance of such\nservices.\n  7. The governor may remove any member for inefficiency, neglect of\nduty or misconduct in office after giving him a copy of the charges\nagainst him and an opportunity to be heard, in person or by counsel in\nhis defense, upon not less than ten days' notice. If any member shall be\nso removed, the governor shall file in the office of the department of\nstate a complete statement of charges made against such member, and his\nfindings thereon, together with a complete record of the proceedings.\n  8. The authority shall continue so long as it shall have bonds or\nother obligations outstanding and until its existence shall be\nterminated by law. Upon the termination of the existence of the\nauthority, all its rights and properties shall pass to and be vested in\nthe state, except that the Buffalo projects, together with all property\nand assets held and acquired by the authority or by the Niagara Frontier\nport authority in connection therewith, shall thereupon become the\nproperty of and shall be under the jurisdiction, control and possession\nof the city of Buffalo. As used herein, the Buffalo projects shall mean\n(a) the greater Buffalo international airport; (b) the Buffalo municipal\npiers project formerly owned and operated by the city of Buffalo at the\nfoot of Michigan avenue on the Buffalo harbor, in the city of Buffalo;\nand (c) the Buffalo small boat harbor project formerly owned and\noperated by the city of Buffalo for the mooring of small craft and\nboats, located on Fuhrmann boulevard and the Buffalo harbor, in the city\nof Buffalo.\n  9. Notwithstanding the provisions of paragraph eight of this section\nor any other provisions of law, the authority may purchase and the city\nof Buffalo may sell its reversionary interests in any of the projects\nmentioned in paragraph eight of this section and in such event, upon\ntermination of the authority by law, any project so acquired shall\nrevert to and become the property of the state.\n
N.Y. PBA Law § 1305 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1305
Formulation, filing and adoption of action plan; amendments
Status: in_force

§ 1305. Formulation, filing and adoption of action plan; amendments.\nThe authority shall formulate an action plan for transportation within\nthe district. In formulating such action plan, the authority shall\nconsult and cooperate with the commissioner, the capital district\nregional planning commission and the planning authorities in the area of\nits operations, and shall utilize state, local or regional\ntransportation planning. The authority shall request and use existing\nstudies, plans, surveys, data and other materials completed by or under\ndevelopment by any state agency or municipality or political subdivision\nof the state. The authority shall file copies of such plan with the\ncommissioner, the capital district regional planning commission, the\nlegislatures of the counties of Albany, Schenectady, Rensselaer and\nSaratoga, and with the legislative body of any other county within the\ndistrict affected by such plan, as hereinafter stated, except where\napplications for state or federal aid have been filed for any particular\ntransportation undertaking prior to the enactment of this legislation.\nThe plan shall contain information regarding the transportation system\nthat the authority intends to provide including information regarding\nthe facilities connected therewith, the services the authority\ncontemplates providing and the estimated costs and the proposed method\nof financing. During sixty days after the filing of the action plan with\nthe commissioner, the capital district regional planning commission and\nwith the legislative bodies as aforesaid, said plan shall be available\nfor public inspection at the office or offices of the authority and at\nsuch other places in the areas affected, within the district, as the\nauthority may designate. Not earlier than thirty days after the filing\nof said action plan with the commissioner, the capital district regional\nplanning commission and such legislative bodies, a public hearing on\nsaid plan shall be held by the authority. Notice of such a hearing shall\nbe given to the commissioner, the capital district regional planning\ncommission, and the legislative bodies as aforesaid and by publication\nonce a week for two weeks prior to the said hearing at the time and\nplace fixed by the authority in newspapers of general circulation within\nthe areas affected, to be selected by the authority. The last\npublication date shall not be less than five days before said hearing.\nWithin thirty days following said public hearing, the authority shall\nprovide a transcript of such hearing to the commissioner, the capital\ndistrict regional planning commission and the legislative bodies as\naforesaid, together with any amendments the authority may propose to the\naction plan. The authority shall request approval of the action plan,\nincluding such amendments as the authority may propose, from the\ncommissioner and the aforementioned legislative bodies. Any part of said\nplan which is disapproved by a county because it alters existing\nservices or the financing thereof within said county shall not become\noperative. The commissioner may disapprove any part of said plan if he\nfinds that it conflicts with a state-wide comprehensive master plan for\ntransportation or the capital district transportation plan or, in the\nabsence of such plans, would have an adverse effect upon sound\ntransportation development policy and planning. Any part of such plan so\ndisapproved by the commissioner shall not become operative. Disapproval\nof part or parts of the plan shall not make the entire plan inoperative.\nIf any of such legislative bodies fail to act within sixty days or in\nthe case of the commissioner within ninety days after approval is\nrequested, said failure shall be deemed approval, and the authority may\nadopt the action plan by a majority vote of its membership and may\ninclude changes, if any, recommended by said commissioner, planning\ncommission or said legislative bodies.\n  The action plan may be amended from time to time in the same manner\nusing the procedures outlined herein for the original adoption, except\nthat a proposed amendment which is recommended by the legislative body\nor bodies of all the counties affected thereby and approved by the\ncommissioner may be embodied or continued by a majority vote of the\nauthority without additional hearings thereon as required for the\namendments proposed to be made.\n
N.Y. PBA Law § 1266-E — New York Code / Act PBA / Article 5 / Title 11 / Section 1266-E
Metro-North rail commuter council
Status: in_force

§ 1266-e. Metro-North rail commuter council. 1. There is hereby\ncreated the Metro-North rail commuter council to study, investigate,\nmonitor and make recommendations with respect to the maintenance and\noperation of those portions of, if any, the Hudson, Harlem, New Haven,\nPascack Valley and Port Jervis commuter railroad lines remaining within\nthe metropolitan commuter transportation district. Such council shall\nstudy and investigate all aspects of the day to day operation of such\nrailroad lines, monitor their performance and recommend changes to\nimprove the efficiency of the operation thereof. Such council shall\nstudy and make recommendations in regard to improving bicycle and\npedestrian access at bridges, stations and other facilities operated by\nsuch railroad lines and submit such recommendations to the metropolitan\ntransportation authority on or before June first, two thousand\ntwenty-two and every five years thereafter.\n  2. Such council shall consist of twelve members and shall be commuters\nwho regularly use the transportation services of such railroad lines. At\nleast five of such members shall be residents of the county of\nWestchester. Of the other seven members, at least one of such members\nshall be a resident of each of the counties of Rockland, Putnam,\nDutchess, Orange and Bronx, provided that such county has not withdrawn\nfrom the metropolitan commuter transportation district pursuant to\nsection twelve hundred seventy-nine-b of this title; provided further,\nshould only the county of Putnam remain in the metropolitan commuter\ntransportation district then membership on such council shall consist of\neight members, six of whom reside in the county of Westchester and two\nof whom reside in the county of Putnam. Members shall be appointed by\nthe governor. In making such appointments the governor shall consult\nwith and solicit recommendations from local officials and to the extent\npossible appoint members who represent the ridership of the several\ncommuter railroad lines. Provided, however, that one member shall be\nappointed who has a demonstrated expertise or interest in the promotion\nand development of improved bicycle and pedestrian access at bridges,\nstations and other facilities operated by the authority and its\naffiliates and subsidiaries. Vacancies occurring in the membership of\nthe council shall be filled in the same manner as original appointments.\n  3. The members of the council shall receive no compensation for their\nservices but shall be reimbursed for their expenses actually and\nnecessarily incurred by them in the performance of their duties\nhereunder from funds appropriated to the commissioner of transportation.\n  4. The council may request and shall receive from any department,\ndivision, board, bureau, commission, agency, public authority of the\nstate or any political subdivision thereof such assistance and data as\nit requests and will enable it to properly carry out its activities for\nthe purposes set forth herein.\n