N.Y. ENV Law § 17-1729 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1729
Permits for conduit or discharge pipes
Status: in_force

* § 17-1729. Permits for conduit or discharge pipes.\n  1. Before any conduit or discharge pipe, or other means of discharging\nor casting any refuse or waste matter from any shop, factory, mill or\nindustrial establishment not constructed or in process of construction\non May 7, 1903, shall be put in or constructed for the purposes of\ndischarging any refuse or waste matter therefrom into any waters in this\nstate, a statement of the purpose for which the same is to be used shall\nbe submitted to the commissioner. If the same is not detrimental to the\npublic health he shall issue a permit therefore to the applicant.\n  2. Before such permit becomes effective the plan or plans for any such\nconduit or discharge pipe or other means of discharging or casting any\nrefuse or waste matter shall be submitted to and approved by the\ndepartment.\n  3. No such conduit, discharge pipe or other means of discharging or\ncasting any refuse or waste matter from any such shop, factory, mill or\nestablishment into any of the waters of this state shall be put in or\nconstructed before such permit is granted.\n  * NB Expired September 1, 1973\n
N.Y. PBA Law § 2418 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2418
Assistance by state officers, departments, boards and commissions; transfer of officers and employees
Status: in_force

§ 2418. Assistance by state officers, departments, boards and\ncommissions; transfer of officers and employees.\n  (1) The department of audit and control, department of law, and all\nother state agencies may render such services to the agency within their\nrespective functions as may be requested by the agency.\n  (2) Officers and employees of state departments and agencies may be\ntransferred to the agency and officers and employees of the agency may\nbe transferred to state departments and agencies without examination and\nwithout loss of any civil service status or rights. No such transfer\nmay, however, be made except with the approval of the head of the state\ndepartment or division involved, the director of the budget and the\nchairman of the agency, and in compliance with the rules and regulations\nof the civil service commission of the state.\n
N.Y. ENV Law § 15-1703 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1703
Definitions
Status: in_force

§ 15-1703. Definitions.\n  When used in title 17 of this article unless otherwise expressly\nstated or unless the context or subject matter otherwise requires:\n  1. "Licensee" means a person or public corporation holding a license\nissued pursuant to title 17 of this article, his successor in interest\nor assign;\n  2. "Stream" means a river or other stream and its tributaries;\n  3. "Water power site" means the real property including rights\nappurtenant thereto or which may become appurtenant thereto which, when\na water power is developed, is necessary or useful for the construction,\nmaintenance and operation of a plant for the use of a fall of water for\nthe generation of power;\n  4. "Developed water power site" is a "water power site" where the\ndevelopment is used or usable in its present condition for the\ngeneration of power or where the works of such development are being\nconstructed or are in course of repair;\n  5. "Surplus canal waters" means such waters flowing in canal feeders,\nartificial canals or the canalized streams of the state, as in the\njudgment of the Commissioner of Transportation, are not necessary for\nany canal uses or purposes;\n  6. "Project" means a complete unit of improvements or development,\nconsisting of a power plant, all water conduits, or dams and appurtenant\nworks and structures which are a part of such unit, and all storage,\ndiverting or forebay reservoirs connected therewith, the primary line or\nlines transmitting power therefrom to the point of junction with the\ndistribution system, all miscellaneous structures used and useful in\nconnection with such unit or part thereof, and all water rights, rights\nof ways, ditches, dams, reservoirs, lands or interest in lands, the use\nand occupancy of which are necessary or appropriate in the maintenance\nand operation of such unit;\n  7. "Project works" means physical structures of a "project;"\n  8. "Reconstruction cost" of a project or of any part thereof means the\nactual and reasonable original cost to the licensee of the lands or\ninterests in the lands of such project or such part, less depreciation,\nif any, plus the cost of reproducing the ways, means and works thereon\nless the depreciation of such ways, means or works, including in such\ncosts a reasonable allowance for organization and development expenses,\nbut excluding therefrom any allowance for the value of the license or\nany contract, lease or franchise, or value as a going concern, or future\nprofits in pending or existing contracts or prospective profits,\nrevenues, dividends or any other intangible element;\n  9. "Real property", without words of limitation, includes all uplands,\nlands under water, waters of any lake, pond or stream, all water and\nriparian rights or privileges, all dams, races, sluiceways, and\nmachinery connected therewith, and all land, water and rights necessary\nto carry out any project or development provided for by title 17 of this\narticle, including the right to divert running water of any stream or\nstreams, and lands necessary for such diversion, and all easements and\nincorporeal hereditaments, and every estate, interest and right, legal\nor equitable in land and water, including terms for years and liens on\nreal property as above defined and all real property as above defined,\nacquired and used for railroad, highway and other public purposes in any\ncounty containing a part of the forest preserve as now constituted.\n  10. For other definitions, also applicable in this title, see section\n15-0107.\n
N.Y. ENV Law § 15-1731 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1731
Eminent domain; transmission lines
Status: in_force

§ 15-1731. Eminent domain; transmission lines.\n  Any corporation authorized to do business in this state and engaged in\nthe production, sale and distribution of heat, light or power to the\npublic may exercise the right of eminent domain pursuant to the\nprovisions of the eminent domain procedure law to acquire property\nnecessary for the construction of transmission lines for such heat,\nlight and power, when necessary for such sale and distribution to the\npublic. If the corporation is a licensee under title 17 of this article\nit may apply to, and in a proper case receive from, the Public Service\nCommission a certificate of convenience and necessity for any property\nso required in the manner and with like effect as provided in paragraph\nc of subdivision 4 of section 15-1729. The court in such proceedings of\ncondemnation may prescribe any reasonable limitations, restrictions or\nregulations for the construction and operation of such lines so as to\nprotect life and prevent unnecessary injury to property.\n
N.Y. ENV Law § 23-1705 — New York Code / Act ENV / Article 23 / Title 17 / Section 23-1705
Definitions
Status: in_force

§ 23-1705. Definitions.\n  As used in this title, unless the context otherwise requires:\n  1. "Liquefied natural gas", sometimes referred to as "LNG", and\n"liquefied petroleum gas", sometimes referred to as "LPG", are gas\ncooled to its liquid state provided, however, the provisions of this act\nshall not be deemed to apply to liquefied petroleum gas in the form of\nbutane, bottled gas, propane, propylene or butylene when used, stored or\ntransported at their respective normal temperatures, are not subject to\nthis act.\n  2. "Liquefied natural or petroleum gas facility" means any structure\nor facility which is used for the storage or confinement of liquefied\nnatural or petroleum gas, or for the conversion of liquefied natural or\npetroleum gas into natural gas. The former shall be designated as a\n"liquefied natural or petroleum gas storage facility"; the latter as a\n"liquefied natural or petroleum gas conversion facility".\n  3. "Liquefied natural or petroleum gas transportation activity" means\nthe loading, unloading, or transportation, by whatever means, of\nliquefied natural gas or liquefied petroleum gas.\n  4. "Natural gas" means natural or petroleum gas in a non-liquid or\ngaseous state, whether under pressure or otherwise, and whether or not\nthe product of conversion from liquefied natural gas or liquefied\npetroleum gas. The storage and transportation of natural gas, whether\nunder pressure or not, and which take place at normal temperatures, are\nnot subject to this act.\n  5. "Non-conforming facility" means a liquefied natural or petroleum\ngas facility in actual use and operation on September first, nineteen\nhundred seventy-six which is exempted from the requirements of section\n23-1707 but is subject to the requirements of section 23-1719.\n  6. "Person" means any individual, corporation, partnership,\nassociation, cooperative or otherwise, trust or estate, governmental\nagency, authority, public benefit corporation, municipality or agency\nthereof, board or commission, or other public or private legal entity.\n  7. "Permit" means an environmental safety permit issued by the\ndepartment pursuant to this title.\n
N.Y. ENV Law § 21-1707 — New York Code / Act ENV / Article 21 / Title 17 / Section 21-1707
Effective date of this act
Status: in_force

§ 21-1707. Effective date of this act.\n  The provisions of this act shall become effective immediately upon\nfinal enactment; but the Governor shall not enter into the compact\nherein set forth until the state of New Jersey and the commonwealth of\nPennsylvania shall have passed a substantially similar act embodying the\nsaid compact between at least the states of New Jersey, New York and the\ncommonwealth of Pennsylvania.\n
N.Y. PBA Law § 2405-A — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2405-A
Education loans
Status: in_force

§ 2405-a. Education loans. (1) For purposes of this section, the\nfollowing words and terms shall have the following meaning unless the\ncontext shall indicate another or different meaning or intent:\n  (a) "Corporation" shall mean the New York state higher education\nservices corporation.\n  (b) "Education Loan" shall mean: (i) a New York higher education loan\nprogram loan made pursuant to part v of article fourteen of the\neducation law; or (ii) a loan under Part B of Title IV of the Higher\nEducation Act of nineteen hundred sixty-five, as amended, including but\nnot limited to a loan described in subdivision ten of section\ntwenty-four hundred two of this part; provided, that the borrower shall\nbe required to apply the net proceeds of such loans to pay the student's\ncosts of post-secondary education or to repay one or more such loans\nincurred for such purpose.\n  (2) In addition to the powers of the agency pursuant to the other\nsections of this title, the agency shall have power:\n  (a) To enter into one or more agreements with the corporation and to\nperform or contract for the performance of its obligations under any\nsuch agreement;\n  (b) To make and contract to make and to acquire and contract to\nacquire education loans and to enter into advance commitments for the\npurchase of said education loans;\n  (c) Subject to any agreement with bondholders or noteholders, to\ninvest moneys of the agency not required for immediate use, including\nproceeds from the sale of any bonds or notes, in education loans;\n  (d) To make and execute contracts for the marketing, origination,\nservicing, collection, administration, guarantee, securing, and\nfinancing of education loans originated or acquired by the agency\npursuant to this title, and to pay the reasonable value of services\nrendered to the agency pursuant to those contracts;\n  (e) Subject to any agreement with bondholders or noteholders, to\nrenegotiate or refinance any education loan that has been acquired by\nthe agency or which the agency has committed to purchase that is in\ndefault; to waive any default or consent to the modification of the\nterms or any such education loan; to forgive all or part of any\nindebtedness; and to commence any action or proceeding to protect or\nenforce any right conferred upon it with respect to any such education\nloan by law, loan agreement, contract or other agreement;\n  (f) To prescribe standards and criteria for the origination of\neducation loans to be eligible for acquisition by the agency and for\neducation loans purchased by the agency;\n  (g) Subject to any agreement with bondholders or noteholders, to sell\nany education loans made or acquired by the agency at public or private\nsale and at such price or prices and on such terms as the agency shall\ndetermine;\n  (h) To establish, revise from time to time, charge and collect such\npremiums or fees in connection with education loans and its\nparticipation in the New York higher education loan program as the\nagency shall determine; and\n  (i) Subject to any agreement with bondholders or noteholders, to\ninvest moneys pledged to secure bonds issued for the corporate purposes\nauthorized by this section not required for immediate use in investments\nauthorized for investment of state funds under section ninety-eight or\nninety-eight-a of the state finance law.\n  (3) The agency shall have the power and is hereby authorized from time\nto time to issue its bonds and notes pursuant to section two thousand\nfour hundred six of this title for the corporate purposes authorized by\nthis section, including without limitation for the purposes of financing\nand refinancing education loans and of refunding any bonds or notes\nissued for such purpose.\n  (4) Each lender or service provider who makes a representation or\nwarranty to the agency with respect to an education loan shall be liable\nto the agency for any damages suffered by the agency by reason of the\nuntruth of such representation or the breach of such warranty and, in\nthe event that any representation shall prove to be untrue when made or\nin the event of any breach of warranty, such person shall, at the option\nof the agency, repurchase the education loan for the price provided in\nthe applicable financing agreement, as the agency may determine.\n  (5) It is the intent of the legislature that any pledge by the agency\nof education loans or of earnings, revenues or other moneys receivable\nfrom any source, including without limitation default payments by the\nNew York higher education loan program variable rate default reserve\nfund, the New York higher education loan program fixed rate default\nreserve fund, or the state of New York mortgage agency New York higher\neducation loan program default reserve fund, as applicable, with respect\nto education loans financed by the agency, shall be valid and binding\nfrom the time when the pledge is made. The education loans, earnings,\nrevenues or other moneys so pledged and thereafter received by the\nagency or its agent, including without limitation the higher education\nservices corporation or any education loan servicer, shall immediately\nbe subject to the lien of such pledge without any physical delivery\nthereof or further act, and the lien of any such pledge shall be valid\nand binding as against all parties having claims of any kind in tort,\ncontract or otherwise against the agency or its agent, including without\nlimitation the higher education services corporation or any education\nloan servicer, irrespective of whether such parties have notice thereof.\nNeither the resolution nor any other instrument by which a pledge is\ncreated need be recorded.\n  (6) The state of New York mortgage agency New York higher education\nloan program default reserve fund. (a) There is hereby created and\nestablished in the sole custody of the state of New York mortgage agency\na special fund to be known as the state of New York mortgage agency New\nYork higher education loan program default reserve fund which shall be\nfor the exclusive benefit of the holders of education loans that the\nagency has acquired, or agreed to acquire, under the New York higher\neducation loan program, codified in part V of article fourteen of the\neducation law.\n  (b) Amounts held in this fund shall not be, or be deemed, funds of the\nstate or funds under the management of the state, the agency, or the\ncorporation. The obligations of such fund shall not be, or be deemed,\nthe debts or obligations of the state and the state shall not be, or be\ndeemed, in any way obligated to: any holder of any such education loan;\nany holder of bonds issued pursuant to section two thousand four hundred\nsix of this part for the corporate purposes authorized in section two\nthousand five-a of this article; any fiduciary or provider of any credit\nfacility, liquidity facility or interest rate exchange agreement with\nrespect to such bonds; or any other creditor of this fund.\n  (c) Such fund shall consist of: (i) all moneys received by the higher\neducation services corporation pursuant to paragraph (b) of subdivision\nseven of section six hundred ninety-two of the education law, in\nconnection with education loans that the agency has acquired or agreed\nto acquire under the New York higher education loan program education\nloans; (ii) any transfers from the New York higher education loan\nprogram variable rate default reserve fund created by section\nseventy-eight-a of the state finance law or from the New York higher\neducation loan program fixed rate default reserve fund created by\nsection seventy-eight-b of the state finance law; and (iii) any\nappropriation payment or transfer to the agency for such purpose.\n  (d) The agency shall establish accounts within the fund and priorities\nof payment from such accounts and shall invest the fund in investments\nauthorized for investment of state funds under section ninety-eight or\nninety-eight-a of the state finance law.\n  (e) This fund, including all sub-accounts thereof, shall be segregated\nfrom all other funds kept by the agency and shall not be used for any\nother purpose beyond those set forth in part V of article fourteen of\nthe education law or in this section. The agency shall utilize monies in\nthe fund solely to pay the outstanding principal, capitalized and unpaid\naccrued interest on defaulted education loans described in paragraph a\nof this subdivision.\n  (f) Nothing contained in this section shall prevent the agency, or the\ncorporation, from receiving grants, gifts or bequests for the purposes\nof this fund and depositing them into the fund according to law, rules,\nor regulations.\n  (g) The agency shall make payments from the monies in this fund in\namounts and at times required pursuant to part V of article fourteen of\nthe education law.\n
N.Y. ENV Law § 17-1733 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1733
Record of permits; inspection of local boards of health
Status: in_force

* § 17-1733. Record of permits; inspection of local boards of health.\n  1. Each local board of health shall preserve in its office and on a\nform prescribed by the commissioner, a permanent record of the\nfollowing:\n  a. Each permit issued by the commissioner granting the right to\ndischarge sewage or refuse or waste matter into any of the waters of the\nstate within the municipality;\n  b. Each revocation of a permit; and\n  c. Each report received by the local board of health concerning each\nsewer system and each shop, factory, mill or industrial establishment\nwhich on May 7, 1903, was discharging sewage or refuse or waste matter\ninto any of the waters of the state within the municipality.\n  2. Each local board of health shall make and maintain such inspection\nas will, at all times, enable it to determine whether section 17-1701 is\nbeing complied with in respect to the discharge of sewage, refuse or\nwaste matter or other materials prohibited by said section, into any of\nthe waters of the state within that municipality.\n  3. For the purpose of such inspection every member of such local board\nof health, or its health officer, or any person duly authorized by it,\nshall have the right to make all necessary examinations of any premises,\nbuilding, shop, factory, mill, industrial establishment, process or\nsewer system.\n  * NB Expired September 1, 1973\n
N.Y. GOB Law § 5-1701 — New York Code / Act GOB / Article 5 / Title 17 / Section 5-1701
Definitions
Status: in_force

§ 5-1701. Definitions. For purposes of this title:\n  (a) "annuity issuer" means an insurer that has issued an insurance\ncontract used to fund periodic payments under a structured settlement;\n  (b) "dependents" include a payee's spouse and minor children and all\nother persons for whom the payee is legally obligated to provide\nsupport, including alimony or maintenance;\n  (c) "discounted present value" means the present value of future\npayments, as determined by discounting such payments to the present\nusing the most recently published applicable federal rate for\ndetermining the present value of an annuity, as issued by the United\nStates Internal Revenue Service;\n  (d) "gross advance amount" means the sum payable to the payee or for\nthe payee's account as consideration for a transfer of structured\nsettlement payment rights before any reductions for transfer expenses or\nother deductions to be made from such consideration;\n  (e) "independent professional advice" means advice of an attorney,\ncertified public accountant, actuary or other licensed professional\nadviser:\n  (i) who is engaged by a claimant or payee to render advice concerning\nthe legal, tax and financial implications of a structured settlement or\na transfer of structured settlement payment rights;\n  (ii) who is not in any manner affiliated with or compensated by the\ndefendant in such settlement or the transferee of such transfer; and\n  (iii) whose compensation for rendering such advice is not affected by\nwhether a settlement or transfer occurs or does not occur;\n  (f) "interested parties" means, with respect to any structured\nsettlement, the payee, any beneficiary irrevocably designated under the\nannuity contract to receive payments following the payee's death, the\nannuity issuer, the structured settlement obligor, and any other party\nthat has continuing rights or obligations under such structured\nsettlement;\n  (g) "net advance amount" means the gross advance amount less the\naggregate amount of the expenses required to be disclosed under\nsubdivision (f) of section 5-1703 of this title;\n  (h) "payee" means an individual who is receiving tax free payments\nunder a structured settlement and proposes to make a transfer of payment\nrights thereunder;\n  (i) "periodic payments" includes both recurring payments and scheduled\nfuture lump sum payments;\n  (j) "qualified assignment agreement" means an agreement providing for\na qualified assignment within the meaning of section 130 of the United\nStates Internal Revenue Code, United States Code Title 26, as amended\nfrom time to time;\n  (k) "settled claim" means the original tort claim resolved by a\nstructured settlement;\n  (l) "structured settlement" means an arrangement for periodic payment\nof damages for personal injuries or sickness established by settlement\nor judgment in resolution of a tort claim;\n  (m) "structured settlement agreement" means the agreement, judgment,\nstipulation, or release embodying the terms of a structured settlement;\n  (n) "structured settlement obligor" means, with respect to any\nstructured settlement, the party that has the continuing obligation to\nmake periodic payments to the payee under a structured settlement\nagreement or a qualified assignment agreement;\n  (o) "structured settlement payment rights" means rights to receive\nperiodic payments under a structured settlement, whether from the\nstructured settlement obligor or the annuity issuer, where:\n  (i) the payee is domiciled in, or the domicile or principal place of\nbusiness of the structured settlement obligor or the annuity issuer is\nlocated in, this state;\n  (ii) the structured settlement agreement was approved by a court in\nthis state; or\n  (iii) the structured settlement agreement is expressly governed by the\nlaws of this state;\n  (p) "terms of the structured settlement" include, with respect to any\nstructured settlement, the terms of the structured settlement agreement,\nthe annuity contract, any qualified assignment agreement and any order\nor approval of any court authorizing or approving such structured\nsettlement;\n  (q) "transfer means any sale, assignment, pledge, hypothecation or\nother alienation or encumbrance of structured settlement payment rights\nmade by a payee for consideration; provided that the term "transfer"\ndoes not include the creation or perfection of a security interest in\nstructured settlement payment rights under a blanket security agreement\nentered into with an insured depository institution, in the absence of\nany action to redirect the structured settlement payments to such\ninsured depository institution, or an agent or successor in interest\nthereof, or otherwise to enforce such blanket security interest against\nthe structured settlement payment rights;\n  (r) "transfer agreement" means the agreement providing for transfer of\nstructured settlement payment rights from a payee to a transferee;\n  (s) "transfer expenses" means all expenses of a transfer that are\nrequired under the transfer agreement to be paid by the payee or\ndeducted from the gross advance amount, including, without limitation,\ncourt filing fees, attorneys fees, escrow fees, lien recordation fees,\njudgment and lien search fees, finders' fees, commissions, and other\npayments to a broker or other intermediary; "transfer expenses" do not\ninclude preexisting obligations of the payee payable for the payee's\naccount from the proceeds of a transfer; and\n  (t) "transferee" means a party acquiring or proposing to acquire\nstructured settlement payment rights through a transfer or\nrestructuring.\n
N.Y. PBA Law § 2417 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2417
Limitation of liability
Status: in_force

§ 2417. Limitation of liability. Neither the members of the agency,\nnor any person or persons acting in its behalf, while acting within the\nscope of their authority, shall be subject to any personal liability\nresulting from carrying out any of the powers expressly given in this\nact.\n
N.Y. PBA Law § 2420-A — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2420-A
Validity
Status: in_force

§ 2420-a. Validity. Bonds, insurance commitments or contracts and\ndevelopment corporation credit support may contain a recital that they\nare issued or executed, respectively, pursuant to this section, which\nrecital shall be conclusive evidence of their validity, respectively,\nand the regularity of the proceedings related thereto.\n
N.Y. PBA Law § 2405-D — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2405-D
Lease-to-own program
Status: in_force

* § 2405-d. Lease-to-own program. (1) The agency is authorized to\nparticipate in lease-to-own programs as described in this section. The\npurpose of a lease-to-own program is to provide mortgage financing for a\nresidence occupied as a primary residence by a prospective mortgagor\npursuant to a lease-to-own contract with the owner of such property. The\nlease-to-own contract shall provide for the eventual purchase by the\nresident of the residence and an interim lease of the residence prior to\nthe closing of the purchase thereof. The party to the lease-to-own\ncontract who is the seller of the residence is referred to in this\nsection as the "seller". The prospective purchaser who is a party to the\nlease-to-own contract is referred to in this section as the\n"tenant-purchaser". A "residence" for the purpose of this section is a\nsingle-family home, a condominium housing unit or a housing unit owned\nby a cooperative housing corporation.\n  (2) The agency may contract to acquire and may acquire a mortgage loan\nor loans made by a bank to a seller who has entered a lease-to-own\ncontract with an eligible tenant-purchaser for the property which is the\nsubject of and security for such mortgage loan.\n  (3) (a) The lease-to-own contract shall contain:\n  (i) a lease of the residence, or in the case of cooperative housing\nunits a sublease, for a term not to exceed five years.\n  (ii) provision for a rental payment not less than the sum of (A) an\namount sufficient to pay the estimated real property taxes and insurance\non the residence, or in the case of a cooperative unit, the maintenance\ncharges; (B) the cost of routine maintenance of the residence unless the\nlease-to-own contract requires the tenant-purchaser to perform such\nmaintenance at his own expense; (C) an amount sufficient to pay the\ninterest on the mortgage loan held by the agency on the residence less\nthe estimated earnings on the escrow fund provided for in subdivision\nfour of this section which is allocable to such mortgage held by the\nagency; (D) an amount to be held in escrow, referred to as the\n"tenant-purchaser escrow", which, when accumulated over the period of\nthe lease-to-own contract, will amount to a sum sufficient to pay the\ntenant-purchaser's required down payment under the lease-to-own contract\nplus the estimated closing costs of purchase which will be allocable to\nthe tenant-purchaser, including the seller's closing costs at the\ninitial closing of the mortgage to the seller; and (E) in the case of a\ncondominium unit, common charges.\n  (iii) provisions obligating the tenant-purchaser to buy and the seller\nto sell the residence at the end of the lease term.\n  (iv) a provision under which the seller waives specific performance\nwith respect to the tenant-purchaser's obligation to purchase.\n  (v) a provision that default by the tenant-purchaser under the\nprovisions of the lease-to-own contract shall result in the forfeiture\nto the seller of all amounts in the tenant-purchaser escrow.\n  (vi) a provision that the tenant-purchaser shall have the option upon\nreasonable notice to the seller and the agency to elect to close the\npurchase of the residence at an earlier date than that specified in the\nlease-to-own contract.\n  (vii) a provision that the rent shall be adjusted under the\nlease-to-own contract periodically to take account of changes in taxes,\ninsurance, escrow earnings and other variables intended to be covered by\nthe tenant's rental payment.\n  (viii) a provision governing the consequences of default by each of\nthe parties.\n  (b) The provisions of the emergency housing rent control law, the\nlocal emergency housing rent control act, the city rent and\nrehabilitation law, the emergency tenant protection act of nineteen\nseventy-four and the New York city rent stabilization law of nineteen\nhundred sixty-nine shall not apply to a residence subject to a\nlease-to-own mortgage, provided that the mortgage is purchased by the\nagency. Such exemption shall begin at the commencement of the lease term\nand shall endure for so long thereafter as the agency holds the mortgage\nloan. The agency shall not sell the mortgage loan prior to the closing\nof the transfer of title to the tenant-purchaser or default by the\ntenant-purchaser under the lease-to-own contract.\n  (c) The agency shall adopt procedures to ensure that the payments\ncontemplated by subparagraph (ii) of paragraph (a) of this subdivision\nare in fact applied to those purposes.\n  (4) (a) The mortgage loan documents with respect to a mortgage loan\nacquired by the agency pursuant to this section shall provide that there\nshall be retained as additional security for the mortgage loan an amount\nnot less than fifteen percent of the purchase price stated in the\nlease-to-own contract. The amount retained shall be disbursed in cash at\nthe mortgage closing to an escrow fund held by the owner of the\nmortgage. When the agency becomes the owner of the mortgage loan, the\nagency shall receive the escrow amount to be held by the agency in\nescrow. The escrowed funds may be invested by the agency in securities\nin which the agency is authorized to invest its own funds. All banks and\ntrust companies are authorized to give such security for deposits by the\nagency of escrowed funds as determined by the agency. The escrow amounts\npertaining to various lease-to-own mortgage loans may be commingled for\ninvestment purposes, but the agency shall keep books of account showing\nthe amount to the credit of each individual escrow account. The\ninvestment earnings on each individual escrow account shall be credited\nto the interest payment on the applicable mortgage loan.\n  (b) The agency shall advise the seller at periodic convenient\nintervals of the amount of such earnings with respect to each mortgage\nloan.\n  (5) With the agency's approval, the lease-to-own contract may provide\nthat, so long as the seller is not in default, in lieu of the\nestablishment of a tenant-purchaser escrow account, that the portion of\nthe tenant-purchaser's rental payments allocable to such an account may\nbe received by the seller first as reimbursement of the seller's costs\nof closing of the initial mortgage to the seller and, second, to be\ncredited to the purchase price of the premises.\n  (6) (a) At the closing of the transfer of title to the residence to\nthe tenant-purchaser pursuant to the lease-to-own contract, the agency\nshall disburse the escrow amount to or for the account of the\ntenant-purchaser.\n  (b) At such closing, the agency shall require the tenant-purchaser to\nfurnish private mortgage insurance if such insurance is required in the\ncase of other mortgage loans under this title. If such insurance is not\nobtainable in the private market at the time of such closing, the agency\nis authorized to issue such insurance.\n  (7) The agency shall establish such requirements with regard to\nlease-to-own contracts, lease-to-own residences, the qualifications of\ntenant-purchasers, and the agency's participation in any lease-to-own\nprogram, as may be deemed appropriate by the agency to achieve the\nobjectives of this section. The agency's requirements, including but not\nlimited to income limits applicable to the tenant-purchaser and the\npurchase price of the residence, must be satisfied at or before the time\nthe mortgage loan is purchased, and the tenant-purchaser must be deemed\nqualified by the agency at the time.\n  (8) Notwithstanding any other provision of law, the agency is\nauthorized to require, as a condition to the financing of any mortgage\nwith respect to a lease-purchase residence, such restrictions upon\nassumability of the mortgage, default provisions, rights to accelerate,\nand other terms as the agency may determine to be necessary or\ndesirable. All such terms shall be enforceable by the originating bank,\nthe agency, and any successor holder of the mortgage unless expressly\nwaived in writing by or on behalf of the agency.\n  (9) The provisions of this section shall expire and be of no further\nforce and effect on and after July first, nineteen hundred ninety-five.\n  * NB Expired July 1, 1995\n
N.Y. ENV Law § 71-1719 — New York Code / Act ENV / Article 71 / Title 17 / Section 71-1719
Summary action
Status: in_force

§ 71-1719. Summary action.\n  Whenever the commissioner, after investigation, is of the opinion that\nany person is causing, engaging in or maintaining a condition or\nactivity which in his opinion constitutes danger to the health of the\npeople, and that it therefore appears to be prejudicial to the interest\nof the people to delay action for fifteen days until an opportunity for\na hearing can be provided in accordance with the provisions of section\n71-1709, the commissioner shall order the person, including any state\nagency or political subdivision having jurisdiction, by written notice\nto discontinue such dangerous condition or activity or take certain\naction immediately or within a specified period of less than fifteen\ndays. As promptly as possible thereafter, within not to exceed fifteen\ndays, the commissioner shall provide the person an opportunity to be\nheard and to present any proof that such condition or activity does not\nconstitute a danger to the health of the people. This section shall\napply only to enforcement of the provisions of this chapter listed in\nsection 71-1701, and of titles 17 through 21 inclusive of this article.\n
N.Y. ENV Law § 15-1737 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1737
Transfer of license restricted
Status: in_force

§ 15-1737. Transfer of license restricted.\n  No voluntary sale, assignment, or transfer of any license or of the\nrights thereby granted shall be made without the written approval of the\ndepartment; nor become effective until the instrument of transfer be\nfiled and recorded in the office of the clerk of each county in which\nproperty covered by the license is located. Notice thereof must be given\nto the department before possession is given under such transfer, and if\nthere be a transfer by operation of law, the transferee must give notice\nthereof to the department before taking possession.\n
N.Y. PBA Law § 2420 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2420
Court proceedings; preferences; venue
Status: in_force

§ 2420. Court proceedings; preferences; venue. Any action or\nproceeding to which the agency or the people of the state of New York\nmay be parties, in which any question arises as to the validity of this\nact, shall be preferred over all other civil causes except election\ncauses in all courts of the state of New York and shall be heard and\ndetermined in preference to all other civil business pending therein\nexcept election causes, irrespective of position on the calendar. The\nsame preference shall be granted upon application of counsel to the\nagency in any action or proceeding questioning the validity of this\ntitle in which he may be allowed to intervene. The venue of any such\naction or proceeding shall be laid in the county in which the principal\noffice of the agency is located.\n
N.Y. ENV Law § 71-1721 — New York Code / Act ENV / Article 71 / Title 17 / Section 71-1721
Commissioner's enforcement power and duty
Status: in_force

§ 17-1721. Commissioner's enforcement power and duty.\n  The commissioner shall have the power and the duty to enforce this\ntitle and the provisions of this chapter listed in section 71-1701.\n
N.Y. ENV Law § 17-1701 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1701
Definition of sewage; discharge of sewage and other matter into certain waters prohibited
Status: in_force

* § 17-1701. Definition of sewage; discharge of sewage and other matter\n               into certain waters prohibited.\n  1. For the purposes of this title sewage shall be defined as any\nsubstance, solid or liquid that contains any of the waste products or\nexcrementitious or other wastes or washings from the bodies of human\nbeings or animals.\n  2. No person, corporation or municipality, shall place or cause to be\nplaced, or discharged or cause to be discharged into any of the waters\nof this state, in quantities injurious to the public health, or in\nviolation of standards, criteria, limitations, rules or regulations\npromulgated or applied pursuant hereto, any sewage, garbage, offal, or\nany decomposable or putrescible matter of any kind or the effluent from\nany sewage disposal plant, or any substance, chemical or otherwise, or\nany refuse or waste matter, either solid or liquid, from any sewer or\ndrainage system or from any shop, factory, mill or industrial\nestablishment; unless express permission to do so shall have been first\ngiven in writing by the commissioner as provided in this article, except\nas hereinafter provided.\n  3. This section shall not prevent the discharge of sewage from any\npublic sewer system owned and maintained by a municipality until an\norder prohibiting same shall be made as hereinafter provided, or the\ndischarge of refuse or waste matter from any shop, factory, mill or\nindustrial establishment, if such sewer system was in operation and was\ndischarging sewage, or such shop, factory, mill or industrial\nestablishment was in operation and discharging refuse or waste matter,\ninto any of the waters of this state on or prior to May 7, 1903, and\nsuch municipality or the proprietor of such shop, factory, mill or\nindustrial establishment secured exemption from this section by filing a\nreport with the commissioner in accordance with law, nor to any\nextension or modification of such shop, factory, mill or industrial\nestablishment, or reconstruction thereof, provided the refuse or waste\nmatter discharged therefrom is not materially changed or increased; but\nthis exception shall not permit any increase in the discharge of such\nsewage, or in the discharge of refuse or waste matter from any shop,\nfactory, mill or industrial establishment, nor shall it permit the\ndischarge of sewage from a sewer system which shall be extended,\nmodified or reconstructed subsequent to said date.\n  * NB Expired September 1, 1973\n
N.Y. GOB Law § 5-1708-A — New York Code / Act GOB / Article 5 / Title 17 / Section 5-1708-A
Waiver for families of victims of terrorist attacks
Status: in_force

§ 5-1708-a. Waiver for families of victims of terrorist attacks.\nNotwithstanding the provisions of section four thousand two hundred\ntwenty-four of the insurance law:\n  (a) An annuity issuer, or an employee or other representative of such\nissuer, shall be permitted to waive or offer to waive the commission or\nother compensation otherwise payable thereto as a result of the sale of\na policy or contract subject to the provisions of section four thousand\ntwo hundred twenty-four of the insurance law to a member of the\nimmediate family of a person who was a victim of the September eleventh,\ntwo thousand one terrorist attacks against the United States or any\nterrorist attack as defined by subdivision (e) of this section; and\n  (b) In connection with such waiver, the insurance company may, at the\nelection of the policyowner or contract owner:\n  (i) contribute the amount of such waived commission or other\ncompensation to a charitable organization that meets the requirements of\nsection 501(c)(3) of the Internal Revenue Code of 1986, as amended, and\nis organized for the benefit of families of victims of terrorist\nattacks; or\n  (ii) deduct from the premium an amount equal to such waived commission\nor other compensation otherwise payable thereto as a result of the sale.\n  (c) For purposes of this section, the term "victim" shall mean a\ndecedent who died as a result of wounds or injury incurred as a result\nof any terrorist attacks, but shall not include any individual\nidentified by the United States attorney general to have been a\nparticipant or conspirator in such attack or a representative of such an\nindividual.\n  (d) An issuer seeking to avail itself of the provisions of this\nsection shall first submit its plan of implementation to the\nsuperintendent of financial services for prior approval. If the plan is\napproved, such issuer shall thereafter, upon request of such\nsuperintendent, submit a report to such superintendent regarding its\nexperience in the implementation of such provisions.\n  (e) For purposes of this section, the term "terrorist attack" shall\nmean premeditated, politically motivated violence perpetrated against\nnoncombatant targets by subnational groups or clandestine agents, listed\non the U.S. Department of State's list of Foreign Terrorist\nOrganizations or listed at the time of such attack.\n
N.Y. ENV Law § 11-1707 — New York Code / Act ENV / Article 11 / Title 17 / Section 11-1707
Importation and possession of non-saleable fish, game and wildlife and saleable fish, game and wildlife imported during the closed season
Status: in_force

§ 11-1707. Importation and possession of non-saleable fish, game and\n             wildlife and saleable fish, game and wildlife imported\n             during the closed season.\n  1. a. Carcasses or parts thereof, of trout, black bass, muskellunge\nand landlocked salmon, other than Atlantic salmon, and fish, the sale of\nwhich is prohibited by subdivision 4 of section 11-1703, and of wildlife\n(other than migratory game birds), sale of which without license or\npermit is not authorized by section 11-1705, may be imported during the\nopen season as provided in subdivision 2, and may be imported during the\nclosed season as provided in subdivision 3 or subdivision 4.\n  b. Carcasses and parts thereof, of other fish and wildlife, may be\nimported during the closed season as provided in subdivisions 3 or 4.\n  c. Importation of migratory game birds is governed by regulation of\nthe department pursuant to section 11-0307.\n  2. During the open season, carcasses described in paragraph a of\nsubdivision 1 may be transported by the taker from without to within the\nstate, without permit or license, in any manner except by parcel post,\nprovided that if they are shipped by carrier, they or the parcel\ncontaining them shall have attached a card or label showing the name and\naddress of the taker, the name and address of the consignee, and if the\nshipment is a package, the nature of its contents.\n  3. During the closed season, the taker may transport carcasses or\nparts thereof of any fish or wildlife (other than migratory game birds),\nfrom without to within the state, provided he accompanies them and has\nwith him a license issued by the department permitting such\ntransportation; or he may ship such carcasses or parts thereof by\ncarrier except parcel post if he has obtained a license issued by the\ndepartment permitting such transportation and if the carcasses or the\npackage containing them has attached thereto a card or label showing the\nname and address of the taker, the name and address of the consignee,\nand if the shipment is a package, the nature of its contents; or he may\nimport into the state and transport therein carcasses and parts of\nlawfully taken big game animals without such license, provided he\naccompanies them and the carcasses and parts are tagged and identified\nin accordance with the laws of the jurisdiction where the big game\nanimal was taken.\n  4. From September 1 to February 10 any resident of the state may cause\nto be transported, from without to within the state, in any manner\nexcept parcel post, (a) carcasses of fish and wildlife described in\nparagraph a of subdivision 1, or (b) carcasses of other fish and\nwildlife (other than migratory game birds) for which there is no open\nseason at the time of such transportation, if he first obtains a license\nfrom the department permitting such transportation, and if the shipment\nhas attached a tag showing the name and address of the shipper, and the\nname and address of the licensee and the number of his license\npermitting such transportation. The department may refuse to issue such\nlicense to any person for any reason it deems sufficient.\n  5. Carcasses of fish and wildlife imported as provided in subdivision\n2 or subdivision 3 may be possessed and transported within the state at\nany time. Carcasses of fish and wildlife imported pursuant to\nsubdivision 4 may be possessed by the licensee and transported by him\nwithin the state during the term of the license and for thirty days\nimmediately following.\n
N.Y. ENV Law § 71-1711 — New York Code / Act ENV / Article 71 / Title 17 / Section 71-1711
Willful violation of health laws
Status: in_force

§ 71-1711. Willful violation of health laws.\n  1. A person who willfully violates or refuses or omits to comply with\nany lawful order or regulation prescribed by any local board of health\nor local health officer, is guilty of a misdemeanor; except, however,\nthat where such order or regulation applies to a tenant with respect to\nhis own dwelling unit or to an owner occupied one or two family\ndwelling, such person is guilty of an offense for the first violation\npunishable by a fine not to exceed fifty dollars and for a second or\nsubsequent violation is guilty of a misdemeanor punishable by a fine not\nto exceed five hundred dollars or by imprisonment not to exceed six\nmonths or by both such fine and imprisonment.\n  2. A person who willfully violates any provision of this chapter\nlisted in section 71-1701, or of titles 17 through 21 inclusive of this\narticle, or any regulation lawfully made or established by any public\nofficer or board under authority of such provisions, the punishment for\nviolating which is not otherwise prescribed by such provisions or any\nother law, is punishable by imprisonment not exceeding one year, or by a\nfine not exceeding two thousand dollars or by both.\n
N.Y. PBA Law § 2413 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2413
Exemption from taxation of bonds and notes and insurance commitments and loans
Status: in_force

§ 2413. Exemption from taxation of bonds and notes and insurance\ncommitments and loans. It is hereby determined that the creation of the\nagency is in all respects for the benefit of the people of the state,\nfor the improvement of their health and welfare, and for the promotion\nof the economy, and that said purposes are public purposes and the\nagency will be performing an essential governmental function in the\nexercise of the powers conferred upon it by this title, and the state\ncovenants with the purchasers and all subsequent holders and transferees\nof bonds and notes issued by the agency, in consideration of the\nacceptance of and payment for the bonds and notes, that the bonds and\nnotes of the agency, issued pursuant to this title and the income\ntherefrom and all its fees, charges, gifts, grants, revenues, receipts,\nand other moneys received or to be received, pledged to pay or secure\nthe payment of such bonds or notes shall at all times be free from\ntaxation, except for estate or gift taxes and taxes on transfers and in\naddition all other property of the agency and its income and operations\nshall be exempt from taxation.\n
N.Y. PBA Law § 2429-E — New York Code / Act PBA / Article 8 / Title 17 / Part 2 / Section 2429-E
Examination
Status: in_force

§ 2429-e. Examination. At least once in each calendar year the agency\nshall be examined by the superintendent of financial services for the\npurposes of determining the agency's net worth and the soundness of its\nmanagement and operating policies. The agency shall not, however, be\ndeemed to be a banking organization. The agency shall pay the cost of\neach such examination. Copies of each examination report, including the\nfindings, conclusions and recommendations of the examiners, shall be\nfurnished to the agency. The agency shall furnish a complete copy of\neach report, including the findings, conclusions and recommendations of\nthe examiners, to the comptroller.\n
N.Y. ENV Law § 15-1725 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1725
Prosecution of project works
Status: in_force

§ 15-1725. Prosecution of project works.\n  1. The licensee shall commence the construction of the project works\nwithin the time fixed therefor in the license. He shall thereafter in\ngood faith and with due diligence continue the construction thereof, and\nwithin the time fixed in the license complete and put into operation the\nwhole of such development work or such part or parts thereof as the\nlicense prescribes; except that when not incompatible with the public\ninterest, the department may, from time to time, for good cause, by\nresolution extend the time either for the commencement of construction\nor for the completion thereof.\n  2. The licensee shall, when required by the department and as often as\nonce in every six months during the course of the construction, file\nwith the department a detailed statement of the cost of the project\nduring the period covered by the statement. Within six months after the\nlicensee has filed its final statement after the completion of the\nproject, the department shall file a statement of the total cost of the\ninvestment.\n  3. The department at such time or times as it deems proper may examine\nany statement of the licensee, whether partial or complete, and hold a\nhearing to determine whether the same correctly states the cost of the\nproject or part thereof, as therein set forth, and shall have power to\ndetermine whether any part of the expenditure has been made wastefully,\nor in disregard of the terms of the license, or in bad faith, and to\ndeduct such items improperly included as may be necessary to make such\nstatement or statements conform to the fair and actual cost of the\nproject or part thereof. Subject to review as provided in section\n15-0905, the determination of the department shall be conclusive for all\npurposes as to the amount of such investment as shown by any such\nstatement.\n
N.Y. ENV Law § 21-1705 — New York Code / Act ENV / Article 21 / Title 17 / Section 21-1705
Consent of the congress
Status: in_force

§ 21-1705. Consent of the congress.\n  The Governor is hereby authorized to apply, on behalf of the state of\nNew York, to the congress of the United States for its consent and\napproval to the aforesaid compact; but, in the absence of such consent\nand approval, the Delaware river basin water commission shall have all\nof the powers which the commonwealth of Pennsylvania and the states of\nNew Jersey and New York (and the State of Delaware if and when it\nbecomes a signatory state) may confer upon it without the consent and\napproval of the congress.\n
N.Y. ENV Law § 15-1735 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1735
Contracts extending beyond license period
Status: in_force

§ 15-1735. Contracts extending beyond license period.\n  1. Whenever the public interest requires or justifies the execution by\na licensee whose license covers any state property, or who uses water\nthat cannot be lawfully used without the consent of the state, of a\ncontract for the sale and delivery of power for a period extending\nbeyond the terms of the license, such a contract may be entered into\nwith the approval of the department and the Public Service Commission,\nin which event the duty to perform such contract after the expiration of\nthe license period shall devolve upon the person or corporation to whom\nor which a new license covering the property of the former licensee is\nissued, and such new license shall so provide.\n  2. A licensee making such a contract shall not be liable thereon after\nthe expiration of his license, if it cover any state property or the use\nof water subject to state control, unless the new license is issued to\nhim. No such licensee without the written approval of the department\nshall enter into any contract for the sale or delivery of power for a\nterm or period extending beyond the time fixed for the revision of the\nchange or rental payable under his license.\n
N.Y. PBA Law § 2428-A — New York Code / Act PBA / Article 8 / Title 17 / Part 2 / Section 2428-A
Development corporation credit support account as source of development corporation credit support
Status: in_force

§ 2428-a. Development corporation credit support account as source of\ndevelopment corporation credit support. 1. The agency is authorized,\nsubject to the provisions of this title, to provide the development\ncorporation credit support account as a source or potential source of\npayment of development corporation credit support. The agency may\nprovide the development corporation credit support account as a source\nor potential source of payment of all or any development corporation\ncredit support upon the terms (which shall include a requirement to\nrepay to the mortgage insurance fund any amounts transferred to the\ncorporation or the convention center development fund) and under the\nconditions it shall set forth in the applicable contracts between the\nagency and such other parties (including the corporation) as the agency\nshall deem appropriate with respect to the applicable reserve and\nfinancial support funds which are to receive the benefit of such\ndevelopment corporation credit support. The agency may not execute a\ncontract to provide development corporation credit support if, at the\ntime such contract is executed, such execution would impair any\nthen-existing credit rating of the single family pool insurance account\nor the project pool insurance account.\n  2. For purposes of determining the mortgage insurance fund requirement\nwith respect to the development corporation credit support account, the\nboard of directors of the agency, by a vote of a majority of all of its\nmembers, shall approve or authorize the applicable contracts which shall\nestablish the amount of the required or permitted deposits in each\nreserve and financial support fund (which may be determined by reference\nto percentages of such required or permitted amounts) for which the\ndevelopment corporation credit support account is or will be a source or\npotential source of development corporation credit support. Such amounts\n(or percentages) may be different for each reserve and financial support\nfund.\n  3. For purposes of section twenty-four hundred eleven of this title, a\ndevelopment corporation credit support agreement shall be deemed and\nregarded as a mortgage insurance contract for the benefit of parties to\nsuch agreement.\n
N.Y. ENV Law § 17-1717 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1717
Order to discontinue pollution of waters
Status: in_force

* § 17-1717. Order to discontinue pollution of waters.\n  1. Whenever the commissioner shall determine upon investigation that\nsewage from any city, village, town, building, steamboat or other\nvessel, or property, or any garbage, offal or any decomposable or\nputrescible matter of any kind is being discharged into any of the\nwaters of the state, which shall include all streams and springs and all\nbodies of surface and ground water, whether natural or artificial,\nwithin or upon the boundaries of the state, and when, in the opinion of\nthe commissioner, such discharge is polluting such waters in a manner\ninjurious to or so as to create a menace to health, or so as to create a\npublic nuisance, he may order the municipality, corporation or person so\ndischarging sewage, refuse or other matter, to show cause before him why\nsuch discharge should not be discontinued.\n  2. A notice shall be served on the municipality, corporation or person\nso discharging sewage, refuse or other matter, directing such\nmunicipality, corporation or person to show cause before the\ncommissioner on a date specified in such notice why an order should not\nbe made directing the discontinuance of such discharge. Such notice\nshall specify the time when and place where a public hearing will be\nheld by the commissioner and notice of such hearing shall be published\nat least twice in a newspaper of the city, village, town or county where\nsuch discharge occurs, and shall be served personally or by mail at\nleast fifteen days before said hearing and in the case of a municipality\nor a corporation such service shall be upon an officer thereof.\n  3. The commissioner shall take evidence in regard to said matter and\nhe may issue an order to the municipality, corporation or person\nresponsible for such discharge, directing that within a specified period\nof time thereafter such discharge be discontinued, and such proper\nmethod of treatment or disposal of such sewage, refuse or waste matter\nbe installed as shall be approved by the department.\n  4. Such order shall not be valid until approved by the Governor and\nthe Attorney General, and when so approved it shall be the duty of the\nAttorney General to enforce such order.\n  5. Such means or method for the treatment or disposal of sewage,\nrefuse or other matter must be executed, completed and put in operation\nwithin the time fixed in the order.\n  6. The commissioner shall have authority to require from the officials\nand persons responsible for the execution of such orders satisfactory\nevidence at specified times of proper progress in the execution of such\norders, and may stipulate and require that certain definite progress\nshall be made at certain definite times prior to the final date fixed in\nthe order.\n  7. This section shall not apply to refuse or waste matter from any\nshop, factory, mill or industrial establishment not containing sewage.\n  * NB Expired September 1, 1973\n
N.Y. ENV Law § 17-1711 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1711
Deposit of garbage or other refuse on or in waters of Lake George and Skaneateles lake and their tributaries prohibited
Status: in_force

§ 17-1711. Deposit of garbage or other refuse on or in waters of Lake\n             George and Skaneateles lake and their tributaries\n             prohibited.\n  No person shall deposit, dump, throw, abandon, discard or place, or\ncause to be deposited, dumped, thrown, abandoned, discarded or placed\nupon or in the waters of Lake George or Skaneateles lake, or any of\ntheir tributaries, or upon the frozen surfaces thereof, any garbage,\nrubbish, refuse, trash, litter, debris, abandoned properties, waste\nmaterial or any nauseous or offensive matter.\n
N.Y. ENV Law § 9-1705 — New York Code / Act ENV / Article 9 / Title 17 / Section 9-1705
New York invasive species council
Status: in_force

§ 9-1705. New York invasive species council.\n  1. There is hereby established the New York invasive species council.\nSuch council shall consist of a total of nine members and shall include\nthe commissioner, the commissioners of agriculture and markets,\ntransportation, parks, recreation and historic preservation, education,\nthe secretary of state, the chairperson of the New York state thruway\nauthority, the director of the New York state canal corporation, and the\nchairperson of the Adirondack Park agency, or a designee of such\ndepartment, agency or public authority.\n  2. The commissioner of agriculture and markets and the commissioner or\ntheir designees shall serve as joint chairs of the council.\n  3. The council shall meet at least quarterly and shall regularly\nconsult with the advisory committee.\n  4. The council may consult with any organization, educational\ninstitution, or governmental agency, including, but not limited to, the\nUnited States Department of Agriculture, the United States Coast Guard,\nthe port authority of New York and New Jersey, the National Invasive\nSpecies Council and the New York Ocean and Great Lakes Ecosystem\nConservation Council.\n  5. The role of the council includes, but is not limited to:\n  (a) from time to time assessing the nature, scope and magnitude of the\nenvironmental, ecological, agricultural, economic, recreational, and\nsocial impacts caused by invasive species in the state;\n  (b) from time to time identifying actions taken by members of the\ncouncil, state and local governments and the public to: prevent the\nintroduction of invasive species; detect and respond rapidly to and\ncontrol populations of invasive species in a cost-effective and\nenvironmentally sound manner; monitor invasive species populations\naccurately and reliably; provide for restoration of native species and\nhabitat conditions in ecosystems that have been invaded; conduct\nresearch on invasive species and develop technologies to prevent\nintroduction; provide for environmentally sound control of invasive\nspecies; promote public education on invasive species; and the means to\naddress invasive species;\n  (c) the development of a "comprehensive plan for invasive species\nmanagement". Such plan shall address all taxa of invasive species. The\ncomprehensive plan should, at a minimum: recommend interagency\nresponsibilities; describe coordination among different agencies and\norganizations; recommend approaches to funding invasive species work;\naddress prevention, early detection and rapid response; identify\nopportunities for control and restoration, including research needs; and\ndescribe effective outreach and education. Such plan shall recommend\nresponsibilities for different agencies with the goal of reducing or\neliminating, where practicable, contradictory or conflicting policies or\nprograms. Such plan should identify needs for additional staff positions\nat state agencies and recommend New York state or federal legislation or\nregulation. Such plan shall place an emphasis on both prevention and\nearly detection and rapid response to prevent future damage. Such plan\nshall evaluate and incorporate, as appropriate: the approved New York\nState Aquatic Nuisance Species Management Plan; the Lake Champlain Basin\nAquatic Nuisance Species Management Plan; and the Adirondack Park\nAquatic Nuisance Species Management Plan;\n  (d) providing input on funding priorities and grant applications\nregarding monies made available for the implementation of this title and\ngrants for projects related to the control and management of invasive\nspecies, education and outreach efforts, and for projects aimed at the\nearly detection and prevention of invasive species;\n  (e) organizing and convening a biennial invasive species summit to\nfocus and maintain attention on the state's comprehensive invasive\nspecies program;\n  (f) encouraging industries and trade organizations to develop and\nadopt voluntary codes of conduct designed to reduce or eliminate the use\nand distribution of invasive species, reviewing such voluntary codes of\nconduct and officially recognizing approved codes;\n  (g) supporting within available funds and encouraging Partnerships for\nRegional Invasive Species Management in their efforts to address\ninvasive species through coordination, recruitment and training of\nvolunteers, education, early detection, rapid response, eradication,\nresearch, and planning;\n  (h) submitting to the legislature and the governor prior to January\nfirst, two thousand ten a report, produced in consultation with the\nadvisory committee, recommending a four-tier system for nonnative animal\nand plant species. The system shall contain: (i) a list of prohibited\nspecies, which should be unlawful to possess, import, purchase,\ntransport, or introduce except under a permit for disposal, control,\nresearch, or education; (ii) a list of regulated species which should be\nlegal to possess, sell, buy, and transport but not be introduced into a\nfree-living state; (iii) a list of unregulated species which are\nnonnative species that should not be subject to regulation; and (iv) a\nprocedure for the review of a nonnative species that is not on the\nprohibited, regulated, or unregulated lists before the use, distribution\nor release of such nonnative species. Nothing contained in the report\nshall have the force of law. The council shall recommend legislation\nregarding the four-tier system, including penalties for violations of\nthe four-tier system; and\n  (i) developing recommendations on statutory actions to prohibit,\nmanage and control invasive species.\n
N.Y. PBA Law § 2429 — New York Code / Act PBA / Article 8 / Title 17 / Part 2 / Section 2429
Rentals
Status: in_force

§ 2429. Rentals. Notwithstanding the provisions of, or any regulation\npromulgated pursuant to, the emergency housing rent control law, the\nlocal emergency housing rent control act or local law enacted pursuant\nthereto, all dwelling units in a multiple dwelling the rehabilitation or\nconstruction of which commenced after July first, nineteen hundred\nseventy-eight and which is financed by a loan insured by the agency,\nexcept for dwelling units occupied by reason of ownership of stock in a\ncooperative, shall be subject to the rent stabilization law of nineteen\nhundred sixty-nine or the emergency tenant protection act of nineteen\nseventy-four, if applicable in the geographic area in which the multiple\ndwelling is located, beginning immediately after initial rents as\nestablished under applicable provisions of the rent stabilization law of\nnineteen hundred sixty-nine, the emergency tenant protection act of\nnineteen seventy-four or the private housing finance law for such\ndwelling units become effective on the basis of such rehabilitation or\nconstruction, provided that any occupant in possession of a dwelling\nunit that first becomes subject to the rent stabilization law of\nnineteen hundred sixty-nine or the emergency tenant protection act of\nnineteen seventy-four pursuant to this section shall be offered a\ntwo-year lease notwithstanding any contrary provisions of, or\nregulations adopted pursuant to, such law or act, at the initial rent\nestablished for such dwelling unit.\n
N.Y. ENV Law § 15-1733 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1733
Use of land occupied by a public highway
Status: in_force

§ 15-1733. Use of land occupied by a public highway.\n  1. Whenever, in order to complete any project as provided by title 17\nof this article, it becomes necessary to use lands occupied by a public\nhighway the licensee shall aply to the Commissioner of Transportation\nfor permission to relocate such highway, the entire expense of such\nrelocation to be borne entirely by the licensee including any damages to\npersons or property which may be caused by or result from such\nrelocation. The new location shall be determined by the Commissioner of\nTransportation and the application of the licensee shall be accompanied\nby funds in an amount sufficient to provide for the cost of a survey,\npreliminary plans and all other expenses of the Commissioner of\nTransportation in determining a suitable relocation.\n  2. The licensee shall provide the necessary land for such relocated\nhighway in accordance with land taking-maps prepared by the Commissioner\nof Transportation. If such relocation is on state land the fee to the\nland covered by the right of way shall remain in the state. If the\nlicensee acquires private property for right of way in the relocation of\na state or a county highway the fee in such right of way shall be deeded\nto the state or to the county in which the same is situated as the case\nmay be. If the licensee acquires private property for right of way in\nthe relocation of a town highway the fee in such right of way shall be\ndeeded to the town or towns in which the same is situated.\n  3. Any such relocation shall be made by the licensee according to\nplans and specifications approved by the Commissioner of Transportation.\n  4. Upon the completion and acceptance of such relocated highway the\noriginal highway for which it is substituted shall be deemed abandoned\nas a public highway and the relocated highway shall thereafter be\nmaintained in the same manner as was the original highway for which it\nwas substituted.\n  5. The highway law shall apply to the relocation of highways as\nprovided in this section so far as applicable thereto and not\ninconsistent with title 17 of this article.\n
N.Y. PBA Law § 2423 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2423
Separability
Status: in_force

§ 2423. Separability. If any clause, sentence, paragraph, section or\npart of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section or part thereof directly\ninvolved in the controversy in which such judgment shall have been\nrendered.\n
N.Y. PBA Law § 2427 — New York Code / Act PBA / Article 8 / Title 17 / Part 2 / Section 2427
Additional powers of the agency
Status: in_force

§ 2427. Additional powers of the agency. The agency shall have the\nfollowing additional powers only with respect to insuring mortgage loans\nand providing development corporation credit support:\n  1. To establish and levy fees and charges in connection with the\nprocessing of applications for mortgage insurance;\n  * 2. (a) To issue commitments to insure mortgages and to enter into\ncontracts of mortgage insurance,\n  (b) to issue commitments to provide and to provide pool insurance for\none or more aggregates of mortgage loans purchased by the agency\npursuant to its forward commitment program, or for one or more\naggregates of mortgage loans on single or multi-family residential\nbuildings made by a domestic not-for-profit corporation whose public\npurposes include combating community deterioration and which is approved\nas a mortgage lender by the federal housing administration for purposes\nof insurance issued by such administration, and which is a qualified\nseller-servicer for the federal national mortgage association and the\nfederal home loan mortgage corporation or for one or more aggregates of\npreservation loans made by a financial institution with respect to a\nbuilding owned by a cooperative housing corporation, and\n  (c) to fulfill its obligations and enforce its rights under any\ninsurance so furnished as provided in this article and such rules and\nregulations as may be adopted by the agency;\n  * NB Effective until July 23, 2027\n  * 2. To enter into commitments to insure mortgages and contracts of\nmortgage insurance and to fulfill its obligations and enforce its rights\nunder any insurance so furnished as provided in this article and such\nrules and regulations as may be adopted by the agency;\n  * NB Effective July 23, 2027\n  3. To pay, pursue to final collection, compromise, waive or release\nany right, title, claim, lien or demand, however acquired, including any\nequity or right of redemption;\n  4. To foreclose any mortgage in default or commence any action to\nprotect or enforce any right conferred upon it by any law, mortgage,\ncontract or other agreement, and to bid for and purchase such property\nat any foreclosure or at any other sale, or otherwise to acquire or take\npossession of any such property;\n  5. To deal with, hold, administer, manage, rent, repair, insure or\nsell, lease or otherwise dispose of any property conveyed to or acquired\nby the agency and to enter into agreements with the state, any city,\ntown or village of this state or any person, firm, partnership or\ncorporation, either public or private, for the purpose of causing any\nsuch property to be so dealt with;\n  6. To procure insurance against any loss in connection with its\nproperty and other assets and to procure reinsurance in connection with\nits obligations, all in such amounts and from such insurers as it deems\nnecessary or desirable;\n  7. To consent to the modification, with respect to rate of interest,\ntime of payment of any installment of principal or interest, security or\nany other term, of any mortgage, mortgage loan, contract or agreement of\nany kind which the agency has insured or to which the agency is a party;\n  8. To sell, at public or private sale, any mortgage, mortgage\nparticipation or other obligation held by the agency;\n  9. To invest any funds held in reserves or sinking funds or any funds\nnot required for immediate use or disbursement, at the discretion of the\nagency, in obligations of the state or federal government or of any city\nof the state, the principal and interest of which are guaranteed by the\nstate or federal government, obligations of agencies of the federal\ngovernment, or in Government National Mortgage Association mortgage\nbacked securities, or special time deposits in, or certificates of\ndeposit issued by, a bank or trust company authorized to do business in\nthe state and secured by a pledge of obligations of the United States of\nAmerica or obligations of the state, any city of the state, other\nmunicipal corporation, school district or district corporation of the\nstate or obligations of agencies of the federal government, provided\nthat any such investment from time to time (1) may be legally purchased\nby savings banks of the state as investments of funds belonging to them\nor in their control and (2) shall be approved by the comptroller.\n  10. To provide development corporation credit support.\n
N.Y. ENV Law § 17-1715 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1715
Discharge of sewage and other offensive matter into Oneida Lake prohibited
Status: in_force

* § 17-1715. Discharge of sewage and other offensive matter into Oneida\n               Lake prohibited.\n  1. No person or corporation shall cause or permit the fall, flow or\ndischarge into Oneida lake or any of its tributaries of any sewage\nmatter, or other foul, noxious or deleterious, solid or liquid matter,\nor effluent from any sewage disposal plant, or any matter that may be\ndeclared such by the board of health of any municipality adjacent to\nsuch lake where any such fall, flow or discharge shall occur.\n  2. It shall be the duty of the board of health of any municipality\nwhere any such fall, flow or discharge shall occur to cause the same to\nbe abated; provided that any person aggrieved by any such fall, flow or\ndischarge may also cause such abatement, by injunction or other\nappropriate action or proceeding.\n  3. The prohibition of the discharge of sewage effluent as hereinbefore\nin this section provided shall not apply to the treated effluent from a\nsewage or waste treatment plant which has been, or may be, constructed,\nmaintained and operated in accordance with plans approved and a permit\nissued by the former Water Pollution Control Board. Such permit shall\nprohibit the discharge of sewage effiuent into Oneida lake or any of its\ntributaries in any quantities which will adversely affect said waters or\nwhich will render said waters unsuitable for any purpose recognized\nunder the classification of said waters by the former Water Pollution\nControl Board.\n  * NB Expired September 1, 1973\n
N.Y. ENV Law § 17-1719 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1719
Actions by municipalities to prevent discharge of sewage into waters
Status: in_force

* §  17-1719. Actions by municipalities to prevent discharge of sewage\n                into waters.\n  1. Any incorporated city or village in the state of New York, which\nhas made such provision for the disposal of its sewage as not to pollute\nor contaminate therewith any river, stream, lake or other body of water,\nmay have and maintain an action in the supreme court to prevent the\ndischarge of any sewage or substance deleterious to health, or which\nshall injure the potable qualities of the water in any river, stream,\nlake or other body of water, from which such incorporated city or\nvillage shall take or receive its water supply, provided, that such\nriver, stream, lake or other body of water is wholly, or in part, within\nthe boundaries of the county in which such plaintiff is located.\n  2. Whenever action shall be brought under the provisions of this\nsection, it shall be the duty of the supreme court upon proof of the\nexistence of facts justifying the bringing and maintenance of such\naction under the provisions of this section to render a judgment in\nwhich shall be incorporated a mandatory injunction requiring the person,\nbody, board, corporation, municipality, village, county or town, being a\ndefendant to said action which directly or indirectly, or by its\nservants, agents or officers shall discharge or dispose of its sewage,\nor any other substance deleterious to health or which shall injure the\npotable qualities of the water in such ways as that the same shall enter\ninto any river, stream, lake or other body of water, from which such\nplaintiff shall take or receive its water supply, within such reasonable\ntime as may be prescribed by the court, to take such action as shall\nprevent such discharge or the disposal of such sewage or other substance\ninto such waters, or the pollution thereof, with such further directions\nin the premises as may be proper and desirable to effect such purpose,\nprovided that such river, stream, lake or other body of water is wholly,\nor in part, within the boundaries of the county in which such plaintiff\nis located.\n  3. No such action shall be brought as provided for in this section\nuntil the department has examined and determined whether the sewage does\npollute or contaminate the river, stream, lake or other body of water\ninto which said sewage is discharged.\n  4. The expense of such examination by the department shall be a charge\nupon and paid by the municipality in whose interests and on whose behalf\nsuch examination is made.\n  5. In case the department shall find upon examination that the\ndischarge of said sewage does pollute or contaminate said waters or any\nof them in such manner as to be a menace or danger to the health of\nthose using said waters the plans for the removal or disposal of the\nsewage ordered to be prepared by the court as provided in this section\nshall be submitted to the department for its approval.\n  * NB Expired September 1, 1973\n
N.Y. ENV Law § 23-1707 — New York Code / Act ENV / Article 23 / Title 17 / Section 23-1707
Environmental safety permit; siting
Status: in_force

§ 23-1707. Environmental safety permit; siting.\n  No person shall commence the preparation of a site for, or begin the\nconstruction of, a liquefied natural or petroleum gas storage or\nconversion facility in the state without having first obtained an\nenvironmental safety permit issued with respect to such facility or\nactivity by the commissioner pursuant to this title. Any such facility\nwith respect to which a permit is issued shall not thereafter be built,\nmaintained or operated, and any such activity with respect to which a\npermit is issued, shall not be carried out, except in conformity with\nsuch permit and any terms, limitations or conditions contained therein;\nprovided that nothing herein shall exempt such facility from compliance\nwith state law and regulations thereunder or with municipal laws and\nregulations thereunder not inconsistent with the provisions of such\npermit. A permit may be transferred, subject to the approval of the\ncommissioner, to a person who agrees to comply with the terms,\nlimitations and conditions contained therein. This section shall not\napply to a liquefied natural or petroleum gas storage or conversion\nfacility in actual use and operation on September first, nineteen\nhundred seventy-six.\n
N.Y. GOB Law § 5-1709 — New York Code / Act GOB / Article 5 / Title 17 / Section 5-1709
Enforcement
Status: in_force

§ 5-1709. Enforcement. (a) In addition to the other remedies provided,\nwhenever there shall be a violation of this title, application may be\nmade by the attorney general in the name of the people of the state of\nNew York to a court of competent jurisdiction by a special proceeding to\nissue an injunction, and upon notice to the defendant of not less than\nfive days, to enjoin and restrain the continuance of such violations;\nand if it shall appear to the satisfaction of the court or justice that\nthe defendant has, in fact, violated this title, an injunction may be\nissued by such court or justice, enjoining and restraining any further\nviolation, without requiring proof that any person has, in fact, been\ninjured or damaged thereby. In any such proceedings, the court may make\nallowances to the attorney general as provided in paragraph six of\nsubdivision (a) of section eighty-three hundred three of the civil\npractice law and rules, and direct restitution. Whenever the court shall\ndetermine that a violation of this title has occurred, the court may\nimpose a civil penalty of not more than one thousand dollars for each\nviolation. In connection with any such proposed application, the\nattorney general is authorized to take proof and make a determination of\nthe relevant facts and to issue subpoenas in accordance with the civil\npractice law and rules.\n  (b) Any payee injured by a violation of this title may bring an action\nfor the recovery of damages. The court may award reasonable attorney's\nfees to the prevailing plaintiff.\n
N.Y. ENV Law § 17-1710 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1710
Deposit of garbage or other refuse on or in waters of the Owasco lake watershed extending from the city dam on the outlet to the existing...
Status: in_force

§ 17-1710. Deposit of garbage or other refuse on or in waters of the\n             Owasco lake watershed extending from the city dam on the\n             outlet to the existing Moravia village outfall sewer on the\n             inlet is prohibited.\n  No person or corporation shall deposit, dump, throw, abandon, discard,\nor place, or cause to be deposited, dumped, thrown, abandoned, discarded\nor placed upon or in the waters of the Owasco lake watershed extending\nfrom the city dam on the outlet to the existing Moravia village outfall\nsewer on the inlet, or upon the frozen surface thereof, any garbage,\nrubbish, refuse, trash, litter, debris, abandoned properties, waste\nmaterial or any nauseous or offensive matter.\n
N.Y. ENV Law § 15-1743 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1743
Renewal and extension of licenses
Status: in_force

§ 15-1743. Renewal and extension of licenses.\n  The department may renew an expiring license to the same licensee on\nthe same or different terms, or may renew the privilege from year to\nyear under such terms as may be agreed upon.\n
N.Y. GOB Law § 5-1708 — New York Code / Act GOB / Article 5 / Title 17 / Section 5-1708
General provisions; construction
Status: in_force

§ 5-1708. General provisions; construction. (a) The provisions of this\ntitle may not be waived by any payee.\n  (b) Any transfer agreement entered into on or after the effective date\nof this title by a payee who resides in this state shall provide that\ndisputes under such transfer agreement, including any claim that the\npayee has breached the agreement, shall be determined in and under the\nlaws of this state. No such transfer agreement shall authorize the\ntransferee or any other party to confess judgment or consent to entry of\njudgment against the payee.\n  (c) No transfer of structured settlement payment rights shall extend\nto any payments that are life-contingent unless, prior to the date on\nwhich the payee signs the transfer agreement, the transferee has\nestablished and has agreed to maintain procedures reasonably\nsatisfactory to the annuity issuer and the structured settlement obligor\nfor (i) periodically confirming the payee's survival, and (ii) giving\nthe annuity issuer and the structured settlement obligor prompt written\nnotice in the even of the payee's death.\n  (d) No payee who proposes to make a transfer of structured settlement\npayment rights shall incur any penalty, forfeit any application fee or\nother payment, or otherwise incur any liability to the proposed\ntransferee or any assignee based on any failure of such transfer to\nsatisfy the conditions of this title.\n  (e) Nothing contained in this title shall be construed to authorize\nany transfer of structured settlement payment rights in contravention of\nany statute or to imply that any transfer under a transfer agreement\nentered into prior to the effective date of this title is valid or\ninvalid.\n  (f) Compliance with the requirements set forth in section 5-1703 of\nthis title and fulfillment of the conditions set forth in section 5-1705\nof this title shall be solely the responsibility of the transferee in\nany transfer of structured settlement payment rights, and neither the\nstructured settlement obligor nor the annuity issuer shall bear any\nresponsibility for, or any liability arising from, non-compliance with\nsuch requirements or failure to fulfill such conditions.\n  (g) The assignee of any transfer agreement or any agreement executed\nin connection therewith, shall be subject to all claims and defenses of\nthe payee against the transferee arising from such transfer agreement\nnotwithstanding any agreement to the contrary. Recovery hereunder by the\npayee shall not exceed the amount owing to the assignee at the time the\nclaim or defense is asserted against the assignee. Rights of the payee\nunder this provision can be asserted affirmatively against a claim by\nthe assignee.\n
N.Y. PBA Law § 2422 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2422
Construction
Status: in_force

§ 2422. Construction. This title, being necessary for the welfare of\nthe state and its inhabitants, shall be liberally construed so as to\neffectuate its purposes.\n
N.Y. ENV Law § 71-1725 — New York Code / Act ENV / Article 71 / Title 17 / Section 71-1725
Assessment of Penalties
Status: in_force

§ 71-1725. Assessment of Penalties.\n  The commissioner may assess any penalty prescribed for a violation of\nor a failure to comply with any provision contained in this title or\nlisted in section 71-1701, or any lawful notice, order or regulation\nprescribed by the commissioner under any such provision, one thousand\ndollars for every such violation or failure, which penalty may be\nassessed after a hearing or an opportunity to be heard.\n
N.Y. ENV Law § 17-1723 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1723
Reports of proprietors of industrial establishments
Status: in_force

* § 17-1723. Reports of proprietors of industrial establishments.\n  1. The report of the proprietor of every shop, factory, mill and\nindustrial establishment in the state, from which refuse or waste matter\nwas being discharged into any of the waters of the state on May 7, 1903,\nfiled in the office of the commissioner shall constitute the evidence of\nexemption of the shop, factory, mill or industrial establishment from\nthe prohibition of section 17-1701.\n  2. No shop, factory, mill or industrial establishment shall be exempt\nfrom the prohibition of said section against the discharge of refuse or\nwaste matter into the waters of the state, for which a report shall not\nhave been made in accordance with chapter 468 of the laws of 1903.\n  * NB Expired September 1, 1973\n
N.Y. PBA Law § 2412 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2412
Property and income
Status: in_force

§ 2412. Property and income. 1. The property of the agency and its\nincome and operations shall be exempt from taxation or assessments of\nevery kind and nature, other than assessments for local improvements and\nthe tax imposed by article eleven of the tax law; nor shall the agency\nbe required to pay any recording fee or transfer tax of any kind on\naccount of instruments recorded by it or on its behalf.\n  2. Notwithstanding the provisions of subdivision one of this section,\nall mortgages recorded prior to the effective date of this subdivision\nas to which an assignment to the agency has been recorded shall be\nrecordable, enforceable, assignable and valid for all purposes as if the\nmortgage recording tax had been paid regardless of whether a mortgage\nrecording tax was paid thereon.\n
N.Y. ENV Law § 71-1715 — New York Code / Act ENV / Article 71 / Title 17 / Section 71-1715
Enforcement: against officers
Status: in_force

§ 71-1715. Enforcement: against officers.\n  The performance of any duty or the doing of any act enjoined,\nprescribed or required by the provisions of this chapter listed in\nsection 71-1701, or by titles 17 through 21 inclusive of this article,\nmay be enforced by a proceeding pursuant to article 78 of the Civil\nPractice Law and Rules at the instance of the department or of a local\nboard of health, or of any citizen of full age resident of the\nmunicipality where the duty should be performed or the act done.\n
N.Y. ENV Law § 9-1707 — New York Code / Act ENV / Article 9 / Title 17 / Section 9-1707
New York invasive species advisory committee
Status: in_force

§ 9-1707. New York invasive species advisory committee.\n  1. There shall be established a New York invasive species advisory\ncommittee which shall provide information, advice and guidance to the\ncouncil, including but not limited to providing assistance with the\ndevelopment of the four-tier classification system for nonnative animal\nand plant species.\n  2. The commissioner and the commissioner of agriculture and markets\nshall select up to twenty-five at-large members with at least one member\nfrom each of the following: New York biodiversity research institute,\nNew York state's land grant university, New York sea grant, a statewide\norganization formed to address invasive species, a statewide land\nconservation organization, a statewide agricultural organization, a\nnursery business, a boating organization, the darrin freshwater\ninstitute, the soil and water conservation districts, the natural\nheritage program, a New York state forestry school, a lake association,\nthe New York city department of environmental protection, and a\nstatewide local government organization.\n  3. The members of the advisory council shall serve without\ncompensation, except members shall be allowed their necessary and actual\nexpenses incurred in the performance of their duties under this section.\n
N.Y. PBA Law § 2429-C — New York Code / Act PBA / Article 8 / Title 17 / Part 2 / Section 2429-C
Charges and fees
Status: in_force

§ 2429-c. Charges and fees. * 1. The agency shall fix a premium charge\nfor its insurance of mortgages pursuant to this article which, except\nfor pool insurance, shall not be less than an amount equivalent to\none-quarter of one per centum per annum nor more than an amount\nequivalent to two per centum per annum of the outstanding principal\namount of the insurable mortgage loan at any time, without taking into\naccount delinquent payments or prepayments.\n  * NB Effective until July 23, 2027\n  * 1. The agency shall fix a premium charge for its insurance of\nmortgages pursuant to this article which shall not be less than an\namount equivalent to one-quarter of one per centum per annum nor more\nthan an amount equivalent to two per centum per annum of the outstanding\nprincipal amount of the insurable mortgage loan at any time, without\ntaking into account delinquent payments or prepayments.\n  * NB Effective July 23, 2027\n  2. The agency may establish and levy such other charges and fees in\nconnection with applications for mortgage insurance and insurance\ncommitments as it may deem appropriate and necessary. Such charges and\nfees shall not exceed a total of two percent of the outstanding\nprincipal amount of the insurable mortgage loan.\n  3. Such premium charges and other charges shall be payable by the\nmortgagor in cash in such manner as may be prescribed by the agency.\n  4. Such premium charges and other charges and fees shall not be deemed\nto be interest for the purposes of sections 5-501 of the general\nobligations law.\n  5. The agency may, in its discretion, fix a premium charge for its\nprovision of development corporation credit support pursuant to this\npart.\n
N.Y. ENV Law § 17-1737 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1737
Legal construction and limitations; riparian owners
Status: in_force

* § 17-1737. Legal construction and limitations; riparian owners.\n  Nothing in titles 15 and 17 of this article shall be construed to\ndiminish or otherwise to modify the common law rights of riparian owners\nin the quality of waters of streams covered by such rights, nor in the\ncase of actions brought against the pollution of waters to limit their\nremedy to indemnities.\n  * NB Expired September 1, 1973\n
N.Y. PBA Law § 2405-E — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2405-E
Purchase of employer assisted forward commitment mortgages
Status: in_force

§ 2405-e. Purchase of employer assisted forward commitment mortgages.\n(1) In accordance with the authority set forth in section twenty-four\nhundred five-b of this title, the agency may purchase employer assisted\nforward commitment mortgages from banks at such prices and upon such\nterms and conditions as it shall determine. In conducting its program of\npurchasing employer assisted forward commitment mortgages, the agency\nshall be governed by the provisions of section twenty-four hundred\nfive-b of this title. The board of directors of the agency shall\nestablish from time to time maximum income limits of persons eligible to\nreceive such mortgages, which income limits shall not exceed the latest\nmaximum income limits permitted under the Internal Revenue Code of 1986,\nas amended, for mortgages financed by mortgage revenue bonds. An\nemployer may develop additional qualifications for eligible employees\nbeyond those qualifications provided for in this section, provided that\nsuch qualifications are non-discriminatory and are pre-approved by the\nagency; the employer, however, shall remain solely responsible for\ndetermining and insuring the legality of such qualifications and may not\nrely on any agency reviews, approvals, legal opinions or statements.\n  (2) To participate in an employer assisted forward commitment mortgage\nprogram, an employer must be a corporation, partnership, or sole\nproprietorship which maintains an office in the state and must satisfy\nthe requirements set forth in guidelines established by the agency.\n  (3) For any employer assisted forward commitment mortgage, the maximum\nloan-to-value ratio shall be established by the agency, provided that\nsuch loan shall not exceed one hundred percent of the appraised value of\nthe mortgaged premises. Reasonable closing costs for the loan may be\namortized over the life of the loan, provided that the final loan amount\ndoes not exceed one hundred percent of the appraised value of the\nmortgaged premises.\n  (4) The agency shall require any employer participating in the\nemployer assisted forward commitment mortgage program to guarantee to\npay up to twenty percent of the total outstanding mortgage indebtedness\n(as determined by the agency) for each employee who obtains a mortgage\nloan under the provisions of this section and who defaults on such\nmortgage loan during the first seven years of such loan, regardless of\nwhether such borrower is an employee of such employer at the time of the\ndefault.\n
N.Y. ENV Law § 23-1703 — New York Code / Act ENV / Article 23 / Title 17 / Section 23-1703
Legislative findings
Status: in_force

§ 23-1703. Legislative findings.\n  The legislature finds that it is necessary for the protection of the\npublic health, the environment and the economic welfare of the people of\nthis state to regulate and control the siting of liquefied natural and\npetroleum gas facilities in this state because of the hazards posed by\nliquefied natural and petroleum gas storage and transportation,\nparticularly in populated areas. The legislature finds that liquefied\nnatural and petroleum gas is an extremely volatile, highly flammable and\ndangerous substance which if released into the air is capable, under\nunfavorable atmospheric conditions, of causing severe damage even in\nareas distant from the point of release. The legislature further finds\nthat the use of imported and domestic liquefied natural and petroleum\ngas is increasing, making its regulation in the public interest\nessential; and requiring particular caution in its storage,\ntransportation, and conversion, to be carried out other than in\nresidential areas or in dangerous proximity to contiguous population,\nwith the imposition of strict liability in the handling thereof.\n  It is the purpose of the legislature, subject to the provisions of\nthis act, that liquefied natural or petroleum gas facilities not be\nsited in residential areas, or in dangerous proximity to contiguous\npopulations, and that transportation of liquefied natural or petroleum\ngas be effected under maximum safeguards to protect such areas and\npopulations against possible catastrophic danger in the mishandling or\npossible escape thereof. Natural gas stored or transported at normal\ntemperatures, whether under pressure or otherwise, after conversion\nthereof from its super-cooled or cryogenic state as liquefied gas and\nliquefied petroleum gases in the form of butane, bottled gas, propane,\npropylene and butylene gas when stored or transported at their\nrespective normal temperatures are not subject to regulation under the\nprovisions of this act.\n
N.Y. ENV Law § 11-1709 — New York Code / Act ENV / Article 11 / Title 17 / Section 11-1709
Importation and transportation of certain fish or fish eggs
Status: in_force

§ 11-1709. Importation and transportation of certain fish or fish eggs.\n  Notwithstanding any other provision of the Fish and Wildlife Law the\ndepartment may establish by order regulations governing the importation\nfrom without the state or transportation within the state of any live\nfish or viable eggs of any species of the family Salmonidae (trout,\nsalmon, whitefish and grayling).\n
N.Y. ENV Law § 23-1721 — New York Code / Act ENV / Article 23 / Title 17 / Section 23-1721
Hardship; petition and hearing; permit
Status: in_force

§ 23-1721. Hardship; petition and hearing; permit.\n  1. Any person, upon a showing of hardship caused by the moratorium\nunder subdivision one of section 23-1719 may petition the department for\na review of the application of the moratorium to any proposed activity\nsubject to this title. This shall be by notice to the department of the\nactivity proposed to be conducted, including the information related to\ngeographical location, nature of proposed use, storage, transportation,\nor conversion, and proposed and projected amounts of liquefied natural\nor petroleum gas proposed to be used or handled as required in\nsubdivision two of section 23-1719 and subdivision two of section\n23-1717.\n  2. Thereafter, within thirty days after receipt of the petition, the\ndepartment shall schedule a hearing upon thirty days' notice, to be held\nin accordance with the other requirements of paragraphs d and e of\nsubdivision two of section 23-1719, insofar as applicable, and upon such\nfurther terms and conditions as it may establish.\n  3. If the proposed activity is not contrary to the policy of this\ntitle, or of any provision thereof, the department may permit the\nactivity to continue during the moratorium, provided that permission may\nbe revoked by the department if its terms are violated, and provided,\nfurther, that any such hardship permit issued by the department shall be\nin addition to, and not in lieu of such certification as may be required\nby any municipality within the jurisdiction of which such proposed\nactivity will be undertaken. Cost of application and hearing shall be\nassessed against the applicant.\n
N.Y. GOB Law § 5-1706 — New York Code / Act GOB / Article 5 / Title 17 / Section 5-1706
Approval of transfers of structured settlement payment rights
Status: in_force

§ 5-1706. Approval of transfers of structured settlement payment\nrights.  No direct or indirect transfer of structured settlement payment\nrights shall be effective and no structured settlement obligor or\nannuity issuer shall be required to make any payment directly or\nindirectly to any transferee of structured settlement payment rights\nunless the transfer has been authorized in advance in a final order of a\ncourt of competent jurisdiction based upon express findings by such\ncourt that:\n  (a) the transfer complies with the requirements of this title;\n  (b) the transfer is in the best interest of the payee, taking into\naccount the welfare and support of the payee's dependants; and whether\nthe transaction, including the discount rate used to determine the gross\nadvance amount and the fees and expenses used to determine the net\nadvance amount, are fair and reasonable. Provided the court makes the\nfindings as outlined in this subdivision, there is no requirement for\nthe court to find that an applicant is suffering from a hardship to\napprove the transfer of structured settlement payments under this\nsubdivision;\n  (c) the payee has been advised in writing by the transferee to seek\nindependent professional advice regarding the transfer and has either\nreceived such advice or knowingly waived such advice in writing;\n  (d) the transfer does not contravene any applicable statute or the\norder of any court or other government authority; and\n  (e) is written in plain language and in compliance with section 5-702\nof this article.\n
N.Y. ENV Law § 15-1741 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1741
Re-entry at expiration of the license period
Status: in_force

§ 15-1741. Re-entry at expiration of the license period.\n  1. Upon the expiration of the original license period any and all\ninterest of the licensee in and to state property which is covered by\nthe license, together with any and all works and structures thereon,\nshall vest in and become the property of the state free and clear of any\nand all liens and encumbrances, provided, however, that the department\nmay at the time the license is granted, or at any later time during its\ncontinuance, enter into an agreement with the licensee that an allowance\nwill be made to the licensee for and on account of improvements to\nproperty of the state, or improvements the value of which is dependent\non the use of state property, for which in view of the rent paid the\nlicensee shall not have been compensated by the privilege of the\nlicense, but such agreement must be made before the improvement for\nwhich such allowance is to be made, is undertaken. If the amount of such\nallowance exceeds the amount of indebtedness, which may be lawfully\nincurred for such purposes without an appropriation, the time when such\nproperty is vested in the state shall be postponed until an adequate\nappropriation is made therefor. The allowance so made or to be made may\nbe by way of an extension of the license pursuant to an agreement\nbetween the department and the licensee.\n  2. Any agreement with the licensee for an allowance on account of\nimprovements to property of the state or improvements the value of which\nis dependent on the use of state property, shall not provide for an\nallowance in excess of the reconstruction cost, less a deduction equal\nto that portion, if any, of the aggregate income from the project, over\nand above actual and reasonable expenses of operation, including\nrepairs, which shall exceed an amount equal to eight per centum per\nannum, to the time that the state property is taken over by the state,\nof the actual and reasonable cost to the licensee of the lands and\ninterests in lands, the actual and reasonable cost to the licensee of\nthe ways, means and works and the allowances made for organization and\ndevelopment expenses.\n
N.Y. ENV Law § 71-1707 — New York Code / Act ENV / Article 71 / Title 17 / Section 71-1707
Violations of health laws or regulations; penalties
Status: in_force

§ 71-1707. Violations of health laws or regulations; penalties.\n  1. Any person who violates, disobeys or disregards any term or\nprovision of this chapter listed in section 71-1701, or of titles 17\nthrough 21 inclusive of this article or of any lawful notice, order or\nregulation pursuant thereto for which a civil penalty is not otherwise\nexpressly prescribed by law, shall be liable to the people of the state\nfor a civil penalty of not to exceed one thousand dollars for every such\nviolation.\n  2. The penalty provided for in subdivision one of this section may be\nrecovered by an action brought by the commissioner in any court of\ncompetent jurisdiction.\n  3. Nothing in this section contained shall be construed to alter or\nrepeal any existing provision of law declaring such violations or any of\nthem to be misdemeanors or felonies or prescribing the penalty therefor.\n  4. Such civil penalty may be released or compromised by the\ncommissioner before the matter has been referred to the Attorney\nGeneral, and where such matter has been referred to the Attorney\nGeneral, any such penalty may be released or compromised and any action\ncommenced to recover the same may be settled and discontinued by the\nAttorney General with the consent of the commissioner.\n
N.Y. ENV Law § 23-1725 — New York Code / Act ENV / Article 23 / Title 17 / Section 23-1725
Preservation of jurisdiction of public service commission; consultation and coordination with commission and energy office
Status: in_force

§ 23-1725. Preservation of jurisdiction of public service commission;\n             consultation and coordination with commission and energy\n             office.\n  Except herein as specifically provided with regard to the public\nsafety, as legislatively determined, this title shall not otherwise\naffect the jurisdiction of the public service commission in the\nperformance of its statutory responsibilities with regard to the\nregulation of utilities, the setting of rates, and other aspects of its\njurisdiction. The department shall consult on a continuing basis with\nthe public service commission and the state energy office, if\nestablished, in the administration of this title, and shall coordinate\nits administration thereof with those agencies in the interests of\ncoordinated state energy policy.\n
N.Y. GOB Law § 5-1705 — New York Code / Act GOB / Article 5 / Title 17 / Section 5-1705
Procedure for approval of transfers
Status: in_force

§ 5-1705. Procedure for approval of transfers. (a) An action for\napproval of a transfer of a structured settlement shall be by a special\nproceeding brought on only by order to show cause.\n  (b) Such proceeding shall be commenced to obtain approval of a\ntransfer of structured settlement payment rights. Such proceeding shall\nbe commenced:\n  (i) in the supreme court of the county in which the payee resides; or\n  (ii) in any court which approved the structured settlement agreement.\n  (c) A copy of the order to show cause and petition shall be served\nupon all interested parties at least twenty days before the time at\nwhich the petition is noticed to be heard. A response shall be served at\nleast seven days before the petition is noticed to be heard.\n  (d) A petition for approval of a transfer of structured settlement\npayment rights shall include:\n  (i) a copy of the transfer agreement;\n  (ii) a copy of the disclosure statement and proof of notice of that\nstatement required under section 5-1703 of this title;\n  (iii) a listing of each of the payee's dependents, together with each\ndependent's age; and\n  (iv) a statement setting forth whether there have been any previous\ntransfers or applications for transfer of the structured settlement\npayment rights and giving details of all such transfers or applications\nfor transfer.\n  (e) On the hearing, the payee shall attend before the court unless\nattendance is excused for good cause.\n
N.Y. ENV Law § 15-1721 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1721
Reservation in the license; state control of rates and use and distribution of power
Status: in_force

§ 15-1721. Reservation in the license; state control of rates and use\n             and distribution of power.\n  1. Every license issued pursuant to title 17 of this article for a\nproject shall contain a provision expressly reserving to the state the\nright to regulate and control the use and distribution of the power\ngenerated by any licensee, and to fix reasonable rates to be charged by\nthe licensee under all circumstances for furnishing heat, light or power\ngenerated wholly or partly by the use of property covered by the\nlicense, and to regulate the service, capitalization and secured debt of\nthe licensee and licensed project.\n  2. Jurisdiction is hereby conferred upon, and it shall be the duty of,\nthe Public Service Commission to regulate and control the use and\ndistribution of all power generated by any licensee under title 17 of\nthis article, or generated by any person or public corporation, by the\nuse and diversion for power purposes of any waters of the state in which\nthe state has a proprietary right or interest, and to fix reasonable\nrates to be charged by such licensee, or such person or public\ncorporation, for furnishing heat, light or power generated wholly or\npartly by the use of water in which the state has a proprietary right or\ninterest. In the exercise of such jurisdiction the Public Service\nCommission shall give preference to municipalities in the use and\ndistribution of power generated by such licensee or by such person or\npublic corporation. To carry out the provisions of this section, and\nuntil otherwise provided by law, complaints, inspections,\ninvestigations, hearings, rules, regulations, orders and determinations\nmay be made or had, and rules, regulations and orders enforced, in the\nmanner, so far as applicable, provided in the Public Service Commission\nLaw in respect of electrical corporations and of the manufacture, sale\nand distribution of electricity.\n  3. Every license issued pursuant to this article shall contain a\ncondition that the development of power thereunder shall be subject to\nthe control and authority of the Public Service Commission to the extent\nconferred upon such Commission by this section.\n
N.Y. ENV Law § 9-1711 — New York Code / Act ENV / Article 9 / Title 17 / Section 9-1711
Aquatic invasive species inspection stations in the Adirondack park
Status: in_force

§ 9-1711. Aquatic invasive species inspection stations in the Adirondack\n            park.\n  1. The department may establish aquatic invasive species inspection\nstations at any location in the Adirondack park and within a ten-mile\nradius of the Adirondack park boundary, including, but not limited to\nlocations adjacent to or near waters; and at state-owned facilities to\nprovide compliance with the requirements of section 9-1710 of this\ntitle.\n  2. When an aquatic invasive species inspection station adjacent to a\npublic waterbody is open for operation, owners or operators of motorized\nwatercraft who are not in possession of either a self-issuing\ncertification or an inspection or decontamination certificate from an\naquatic invasive species inspection station, issued since the last\noperation of such watercraft in a waterbody, shall obtain such\ncertification or certificate before entering the public waterbody to\nensure compliance with section 9-1710 of this title. The department\nshall maintain on their website a list of such stations and their\noperating hours in order to assist motorized watercraft owners and\noperators in locating stations where they can inspect and clean their\nwatercraft.\n  3. The department or other entity designated by the department may\nissue an inspection or decontamination certificate to the owner or\nperson in possession of a motorized watercraft that has been inspected.\nSuch certificate shall include the following details: (a) the name of\nthe department or program that conducted the inspection; (b) the date,\nplace, and time of inspection; and (c) any preventative measures\nperformed.\n  4. If the department or designated entity issues an inspection or\ndecontamination certificate to the owner or person in possession of the\nmotorized watercraft, the department or designated entity may attach a\ntamperproof tag to the motorized watercraft to certify such motorized\nwatercraft arriving at a boat launch with unbroken tags could launch\nwithout an additional inspection. Such tag may only be removed prior to\na launch.\n  5. The department may recognize an inspection or decontamination\ncertificate issued by another governmental entity, if the other\ngovernmental entity adheres to the minimum standards for inspection and\ndecontamination as determined by the department, including but not\nlimited to recognized uniform standards.\n  6. Annually the department will review all data collected at aquatic\ninvasive species inspection stations, including any data from designated\nentities, to identify practical improvements to reduce the potential\nspread of aquatic invasive species.\n
N.Y. GOB Law § 5-1704 — New York Code / Act GOB / Article 5 / Title 17 / Section 5-1704
Provisions prohibited in transfer agreement
Status: in_force

§ 5-1704. Provisions prohibited in transfer agreement. No transfer\nagreement or other document or agreement executed in association with\nthe transfer shall contain any provision described in this section. To\nthe extent that a prohibited provision is included in a transfer\nagreement such provision shall be void and unenforceable. A prohibited\nprovision is:\n  (a) any provision that waives the payee's right to sue under any law,\nor where the payee agrees not to sue, or which waives jurisdiction or\nstanding to sue under the transfer agreement;\n  (b) any provision that requires the payee to indemnify and hold\nharmless the transferee, or to pay the transferee's costs of defense, in\nany claim or action brought by the payee on or the payee's behalf\ncontesting the transfer for any reason;\n  (c) any provision that requires the payee to pay the transferee's\nattorney's fees or costs if the transfer contemplated by the transfer\nagreement is not completed; and\n  (d) any provision that requires the payee to pay any tax liability\narising under federal tax laws, other than the seller's own tax\nliability, if any, that results from the transfer.\n
N.Y. ENV Law § 71-1709 — New York Code / Act ENV / Article 71 / Title 17 / Section 71-1709
Formal hearings; notice and procedure
Status: in_force

§ 71-1709. Formal hearings; notice and procedure.\n  1. The commissioner, or any person designated by him for this purpose,\nmay issue subpoenas and administer oaths in connection with any hearing\nor investigation under or pursuant to the provisions of this chapter\nlisted in sections 71-1701 and 71-2503, and of titles 17 through 21\ninclusive and title 43 of this article, and it shall be the duty of the\ncommissioner and any persons designated by him for such purpose to issue\nsubpoenas at the request of and upon behalf of the respondent.\n  2. The commissioner and those designated by him shall not be bound by\nthe laws of evidence in the conduct of hearing proceedings, but the\ndetermination shall be founded upon sufficient legal evidence to sustain\nit.\n  3. Notice of hearing shall be served at least fifteen days prior to\nthe date of the hearing, provided that, whenever because of danger to\nthe public health it appears prejudicial to the interests of the people\nof the state to delay action for fifteen days, the commissioner may\nserve the respondent with an order requiring certain action or the\ncessation of certain activities immediately or within a specified period\nof less than fifteen days and the commissioner shall provide an\nopportunity to be heard within fifteen days after the date the order is\nserved.\n  4. Service of notice of hearing or order shall be made by personal\nservice or by registered or certified mail. Where service, whether by\npersonal service or by registered or certified mail, is made upon an\ninfant, incompetent, partnership, corporation, governmental subdivision,\nboard or commission, it shall be made upon the person or persons\ndesignated to receive personal service by article 3 of the Civil\nPractice Law and Rules.\n  5. The Attorney General may prefer charges, attend hearings, present\nthe facts, and take any and all proceedings in connection therewith.\n  6. At a hearing, the respondent may appear personally, shall have the\nright of counsel, and may cross-examine witnesses against him and\nproduce evidence and witnesses in his behalf.\n  7. Following a hearing, the commissioner may make appropriate\ndeterminations and issue an order in accordance therewith.\n  8. The commissioner may adopt, amend and repeal administrative rules\nand regulations governing the procedures to be followed with respect to\nhearings, such rules to be consistent with the policy and purpose of the\nprovisions of this chapter listed in section 71-1701, and of titles 17\nthrough 21 inclusive and title 43 of this article and the effective and\nfair enforcement of their provisions.\n  9. The provisions of this section shall be applicable to all hearings\nheld pursuant to the provisions of this chapter listed in section\n71-1701, and of titles 17 through 21 inclusive and title 43 of this\narticle, except where other provisions of such articles, titles,\nsections and subdivisions applicable thereto are inconsistent therewith,\nin which event such other provisions shall apply.\n
N.Y. ENV Law § 15-1751 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1751
Right to amend and repeal reserved
Status: in_force

§ 15-1751. Right to amend and repeal reserved.\n  The right to alter, amend or repeal title 17 of this article is\nexpressly reserved, but substantial rights acquired pursuant to title 17\nof this article shall not be lost or impaired by such repeal or\namendment.\n
N.Y. ENV Law § 11-1705 — New York Code / Act ENV / Article 11 / Title 17 / Section 11-1705
Importation, possession and sale of wildlife and game other than domestic and foreign game
Status: in_force

§ 11-1705. Importation, possession and sale of wildlife and game other\n             than domestic and foreign game.\n  1. Frogs taken outside the state may be imported and transported by\nany means and in any number, possessed, bought and sold during the open\nseason. During the closed season any person may transport into the\nstate, without license or permit, and may possess, transport, buy and\nsell frogs, if he keeps a record with respect thereto, as provided in\nsection 11-1703, subdivision 2 with respect to fish.\n  2. The carcasses of varying hares and cottontail rabbits may be\nimported from outside the state and possessed, transported, bought and\nsold at any time without license or permit.\n  3. Game for propagation purposes and the plumage or skin of game birds\nmay be imported and transported at any time, without license or permit.\nSuch plumage or skin shall not be sold or offered for sale or possessed\nfor sale except as permitted by section 11-1729 or 11-1731.\n  4. Deer of all species, except white-tail deer, may be imported,\npossessed, transported, bought and sold alive at any time, without\nlicense or permit. Wild white-tail deer shall not be imported.\n  5. Skunk, bobcat, mink, muskrat, fisher, beaver, otter, marten or\nsable may be imported alive at any time without license or permit, and\nmay be bought and sold, possessed and transported alive, by any means,\nduring their respective open seasons. During the closed season such\nanimals shall not be possessed or transported alive without permit or\nlicense from the department.\n  6. The head, skin or hide, fur and feet of game and wildlife, except\nbirds, may be imported and transported, by any means, without license or\npermit, at any time, and may be bought and sold at any time.\n  7. The flesh of game and wildlife, except birds, black, grey or fox\nsquirrels, lynx, bear, deer, moose, elk, caribou and antelope may be\nimported and transported by any means during the open season, without\npermit or license, and may be imported during the closed season, as\nprovided in section 11-1707, and may be bought and sold at any time.\n  8. The flesh of bear, deer, moose, elk, caribou, and antelope may be\nimported, transported and possessed as provided in section 11-1707. The\nflesh of such game, except bear and white-tail deer, may also be\nimported, transported and possessed pursuant to permit under section\n11-1711, and if so imported, may be bought and sold when tagged as\nprovided in section 11-1721, but if so imported shall not be possessed\nor transported unless so tagged.\n  9. Flesh of bear may be imported, transported, possessed, bought and\nsold for food purposes as provided in section 11-1713, under permit as\nprovided in that section and when tagged as provided in section 11-1721.\n  10. The dead bodies of birds belonging to all species or subspecies\nnative to this state, defined in subdivision 5 of section 11-0103, as\nprotected birds, or belonging to any family, any species or subspecies\nof which is native to this state and is so defined, shall not be sold,\noffered for sale or possessed for sale for food purposes within this\nstate. They may be imported, transported and possessed, except for sale,\nas provided in section 11-1707.\n
N.Y. ENV Law § 11-1717 — New York Code / Act ENV / Article 11 / Title 17 / Section 11-1717
Foreign game
Status: in_force

§ 11-1717. Foreign game.\n  1. Foreign game means pheasants of all species, Scotch grouse,\nNorwegian ptarmigan, Norwegian white grouse, European black game,\nEuropean black plover, European gray-legged partridge, European\nred-legged partridge, Egyptian quail, tinamou and species or subspecies\nof birds not native to this state, and European red deer, fallow deer\nand roebuck.\n  2. The carcasses, or parts thereof, of foreign game imported from\noutside the United States may be bought and sold.\n
N.Y. PBA Law § 2429-F — New York Code / Act PBA / Article 8 / Title 17 / Part 2 / Section 2429-F
Special provisions relating to directors of the agency
Status: in_force

§ 2429-f. Special provisions relating to directors of the agency. The\nagency may purchase from, sell to, borrow from, loan to, contract with\nor otherwise deal with any corporation, trust, association, partnership\nor other entity in which any director of the agency has a financial\ninterest, direct or indirect, provided that (1) such interest is\ndisclosed to the board prior to the consummation of such transaction,\n(2) such disclosure is recorded in the minutes of the agency and (3) no\ndirector having such a financial interest may participate in any\ndecision affecting such transaction.\n
N.Y. PBA Law § 2400 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2400
Short title
Status: in_force

§ 2400. Short title. This title shall be known and may be cited as the\n"state of New York mortgage agency act".\n
N.Y. ENV Law § 15-1709 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1709
Preliminary permits
Status: in_force

§ 15-1709. Preliminary permits.\n  1. The department may issue preliminary permits for the purpose of\nenabling applicants for a license hereunder to secure the data and to\nperform the acts required by section 15-1707, provided, however, that\nupon the filing of any application for a preliminary permit by any\nperson or public corporation, the department before granting such\napplication shall at once give notice of such application in writing to\nany municipality which, in its judgment, is likely to be interested in\nor affected by such application. Each such permit shall be for the sole\npurpose of maintaining priority of application for a license under the\nterms of title 17 of this article for such period or periods, not\nexceeding a total of three years, as in the discretion of the department\nmay be necessary for making examinations and surveys, preparing maps,\nplans, specifications and estimates, and making financial arrangements.\n  2. The permit shall set forth the conditions under which priority\nshall be maintained and the license issued, and may prescribe any\ncondition of issuing the license for the protection of the interests of\nthe state. Only one preliminary permit at a time shall be issued and\noutstanding for the same project. The same preference shall be accorded\nby the department in considering applications for a preliminary permit\nas is accorded in considering applications for a license. Each\npreliminary permit shall require the permittee to proceed diligently and\nimmediately to secure the data and to perform the acts required by\nsection 15-1707.\n  3. All investigation work in connection with any operations carried on\nunder the preliminary permit shall be subject to the inspection of the\ndepartment, its agents and employees, and, from time to time upon the\nrequest of the department, the permittee shall make full reports to the\ndepartment of the progress of the work carried on under the preliminary\npermit, but such reports shall be confidential until final application\nis made for the license, unless the department takes proceedings to\nrevoke the preliminary permit.\n  4. Permits shall not be transferable and may be cancelled by the\ndepartment upon failure of the permittee to comply with the conditions\nthereof.\n
N.Y. ENV Law § 71-1717 — New York Code / Act ENV / Article 71 / Title 17 / Section 71-1717
Examination and inspection of public works
Status: in_force

§ 71-1717. Examination and inspection of public works.\n  For purposes of enforcing the provisions of this chapter listed in\nsection 71-1701, and of titles 17 through 21 inclusive of this article,\nall persons having the control, charge or custody of any public\nstructure, work or ground, or of any plan, description, outline, drawing\nor chart thereof or relating thereto, made, kept or controlled by or\nunder any public authority, shall permit and facilitate the examination,\ninspection and copying thereof by the commissioner, or by any person\nauthorized by him to make such examination or inspection of such copies.\n
N.Y. PBA Law § 2415 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2415
Moneys of the agency
Status: in_force

§ 2415. Moneys of the agency. (1) All moneys of the agency from\nwhatever source derived, except as otherwise authorized or provided in\nthis title, shall be paid to the treasurer of the agency and shall be\ndeposited forthwith in a bank or banks in the state designated by the\nagency. The moneys in such accounts shall be withdrawn on the order of\nsuch person or persons as the agency may authorize. All deposits of such\nmoneys shall, if required by the agency, be secured in such manner as\nthe agency may determine. The comptroller and his legally authorized\nrepresentatives are authorized and empowered from time to time to\nexamine the accounts and books of the agency, including its receipts,\ndisbursements, contracts, leases, sinking funds, investments and any\nother records and papers relating to its financial standing. Such an\nexamination shall be conducted by the comptroller at least once in every\nfive years; the comptroller is authorized, however, to accept from the\nagency, in lieu of such an examination, an external examination of its\nbooks and accounts made at the request of the agency, within thirty days\nafter receipt by the agency, the agency shall submit a copy of the\nreport of every external examination of the books and accounts of the\nagency with respect to insurance contracts, other than copies of the\nreports of such examinations made by the comptroller.\n  (2) The agency shall have power to contract with holders of any of its\nbonds or notes, as to the custody, collection, securing, investment, and\npayment of any moneys of the agency, of any moneys held in trust or\notherwise for the payment of bonds or notes, and to carry out such\ncontract. Moneys held in trust or otherwise for the payment of bonds or\nnotes or in any way to secure bonds or notes and deposits of such moneys\nmay be secured in the same manner as moneys of the agency, and all banks\nand trust companies are authorized to give such security for such\ndeposits.\n  (3) Subject to the provisions of any contract with bondholders or\nnoteholders and to the approval of the comptroller, the agency shall\nprescribe a system of accounts.\n  (4) The agency shall submit to the governor, chairman of the senate\nfinance committee, chairman of the assembly ways and means committee and\nthe comptroller, within thirty days of the receipt thereof by the\nagency, a copy of the report of every external examination of the books\nand accounts of the agency other than copies of the reports of such\nexaminations made by the comptroller.\n
N.Y. ENV Law § 15-1705 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1705
Licenses; approval by the Governor
Status: in_force

§ 15-1705. Licenses; approval by the Governor.\n  1. The department, subject to the provisions of title 17 of this\narticle, may upon application issue to any person or public corporation\nheretofore or hereafter authorized to develop, use, furnish or sell\npower in this state or to a municipality of the state having such\nauthority, a license authorizing the diversion and use for power or\nother purposes of any of the waters of the state in which the state has\na proprietary right or interest, or the bed of which, or the real\nproperty required for use of such waters or the right to develop water\npower, is vested in the state; or of boundary waters of the state where\nthe state has jurisdiction over the diversion or interference with the\nflow of the same solely or concurrently with any other jurisdiction or\nowner of a proprietary right; or to any such applicant when the owner of\nany water power site or sites which it uses or proposes to use for the\nproduction, sale and distribution of heat, light or power to the public;\nand subject to the property right of others including riparian rights,\nauthorizing the construction, maintenance and operation in, across or\nalong any of such lands and waters of such dams, reservoirs, diverting\ncanals or races, water conduits, power houses, transmission lines and\nother project works as are deemed necessary or convenient for the\ndevelopment, transmission and utilization of the developable power and\nauthorizing in connection therewith the use of dams or other structures\nor contiguous or adjacent lands belonging to the state. When any water\npower site or property necessary to the full development of such a site\nis owned by the state, or water, the use of which is dependent upon the\nconsent of the state, is not, in the opinion of the department suitable\nor necessary for the development of power for public use, a license may\nbe issued to a person or public corporation for private use under like\nconditions and with the same restrictions.\n  2. Whenever the use of water or the erection of structures under a\nlicense may affect the navigable waters over which the United States\nshall have lawfully assumed jurisdiction for purposes of navigation,\nsuch license shall not be issued until the plans for such use and\nstructures have been submitted to and approved by the federal\nauthorities as required by law and any licenses shall be at all times\nsubject to the lawful exercise of such jurisdiction over the waters\naffected by the license for the purposes of navigation.\n  3. Whenever canal lands, structures or surplus canal or canal feeder\nwaters are covered by the license, the license shall not issue unless\nthe Commissioner of Transportation certifies to the department in\nwriting that the same are not necessary for the navigation or operation\nof the canals and shall not become effective until endorsed with his\napproval. Any licensee in the use of such license, structures or water\nshall be at all times subject to such reasonable rules and regulations\nas the Commissioner of Transportation shall from time to time prescribe\nso that the use thereof by the licensee shall not impair the efficiency\nof the canals and such use shall at all times be subordinate to the\nneeds of the canals.\n  4. Notwithstanding any provision of title 17 of this article, no\nlicense issued by the department pursuant to the provisions of title 17\nof this article shall be effective unless and until it is approved in\nwriting by the Governor and such approval is signed by him and affixed\nthereto; and notwithstanding any provision of title 17 of this article a\nmodification of such license shall not be effective until approved by\nthe Governor in like manner.\n
N.Y. ENV Law § 15-1747 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1747
False entries, statements or reports
Status: in_force

§ 15-1747. False entries, statements or reports.\n  No person shall for the purpose of deceiving, make or cause to be made\nany false entry in the books of accounts of a licensee, or for the\npurpose of deceiving, make or cause to be made any false statement or\nreport in response to a request, order or direction from the department\nfor statements or reports under title 17 of this article.\n
N.Y. ENV Law § 11-1725 — New York Code / Act ENV / Article 11 / Title 17 / Section 11-1725
Shipment by carriers
Status: in_force

§ 11-1725. Shipment by carriers.\n  1. Carriers may receive, and may transport, within and from within to\nwithout the state, carcasses and parts thereof of game, described in\nsubdivision 1 of section 11-1721 and identified as provided in that\nsection, when they are also labeled as provided in this section.\n  2. a. When received in this state by a carrier, or transported within\nor from within to without the state by a carrier, every shipment of game\nrequired by section 11-1721 to be identified, shall also have attached a\ncard or label with the following data plainly printed or written\nthereon: names and addresses of consignor and consignee, number and kind\nof carcasses or parts thereof.\n  b. If the consignor is the person who holds the game breeder's license\nor shooting preserve license by authority of which such game (other than\nimported foreign game) is saleable, or if the game is imported foreign\ngame shipped by a licensed game dealer, the card or label shall also\nstate the name and address of the holder of such license, and the number\nof the license.\n  3. No carrier or employee thereof shall, while engaged in such\nbusiness, transport as owner any fish or game not lawfully saleable. No\ncarrier or employee thereof shall knowingly receive or possess any fish\nor game, whether packed or unpacked, for shipment for any person, unless\n(a) if it is game or trout described in section 11-1721 of this title,\nit is identified as required by that section, and (b) in any case, it\nbears the tag, card, identification or label required by this section or\nby sections 11-0911, 11-0917, 11-1319 or 11-1913 of this article.\n
N.Y. ENV Law § 71-1713 — New York Code / Act ENV / Article 71 / Title 17 / Section 71-1713
Obstructing health officer in performance of his duty
Status: in_force

§ 71-1713. Obstructing health officer in performance of his duty.\n  A person who wilfully opposes or obstructs a health officer or\nphysician charged with enforcement of the health laws, in performing any\nlegal duty, is guilty of a misdemeanor.\n
N.Y. ENV Law § 11-1703 — New York Code / Act ENV / Article 11 / Title 17 / Section 11-1703
Importation, possession and sale of fish without license or permit; prohibitions
Status: in_force

§ 11-1703. Importation, possession and sale of fish without license or\n             permit; prohibitions.\n  1. Except as provided in subdivision 3 and subdivision 4; (a) all\nspecies of fish taken outside the state, except trout, black bass,\nmuskellunge and landlocked salmon other than Atlantic salmon, may be\nimported and transported by any means and in any number, and may be\npossessed, bought and sold without permit or license, during the open\nseason; (b) Atlantic salmon taken outside the state may be imported,\ntransported, bought and sold at any time.\n  2. Except as provided in subdivision 3 and subdivision 4, any person\nmay, during the closed season, without license or permit, and without\nlimitation by section 11-1707, transport into the state, buy, possess,\ntransport and sell, lake sturgeon, lake trout, whitefish, pickerel,\npike, walleye and striped bass taken outside the state, provided he\nkeeps a record and enters therein the name, residence and post office\naddress of every person from whom he buys and every person to whom he\nsells or ships such fish. But this subdivision does not require that a\nrecord be kept of persons to whom such fish are sold for personal or\nhome consumption, nor by persons who purchase in this state for\nconsumption and not for resale. A person required by this subdivision to\nkeep records shall permit the department or its agents to examine all\nbooks and papers relating to such purchase and sale at any time and\nshall on demand furnish invoices, freight or express receipts used in\nsuch transactions.\n  3. a. No person shall sell, offer for sale or expose for sale, under\nthe name or designation of Lake Champlain fish, any fish other than fish\nthat have been taken from the waters of Lake Champlain, its bays, coves\nor tributaries, the Missisquoi Bay or the Richelieu River. No person\nshall wilfully and with intent to deceive, affix, apply or annex, or use\nin connection with any fish, or any container of the same, any words or\nother symbols, tending falsely to identify the origin of the contents as\nthe waters described in this paragraph.\n  b. No person shall possess or transport into the state any fish except\neels caught in that part of Missisquoi Bay in Lake Champlain lying in\nthe Province of Quebec or in the Richelieu River.\n  4. Fish of the following species taken outside the state shall not be\nbought or sold or otherwise trafficked in if they are of less than the\nsize limits specified in this subdivision or in the sections to which it\nrefers:\n  a. striped bass, fluke or summer flounder, blue porgie, weakfish,\nmackerel, sea bass, king fish, cod fish, blackfish, winter flounder, all\nas specified in section 13-0339;\n  b. lake trout, pickerel, Atlantic sturgeon, Atlantic (landlocked)\nsalmon, whitefish, northern pike, all as specified in regulations of the\ndepartment.\n  5. Fish named in subdivision 4 of less than the size limits specified,\nmay be imported, transported and possessed as provided in section\n11-1707.\n  6. No person shall import, export, own, possess, acquire or dispose of\nlive piranha fish (Serrasalmus, Rooseveltiella or Pyrocentrus), grass\ncarp (Ctenopharyngodon idella) or hybrid grass carp within the state\nwithout a license or permit issued at the discretion of the department\nfor scientific, biological or exhibition purposes.\n  7. Fish, except those specified in subdivision 6 of this section, may\nbe imported and transported at any time, for propagation purposes, and\nthe provisions of section 11-1707 do not apply.\n
N.Y. PBA Law § 2429-D — New York Code / Act PBA / Article 8 / Title 17 / Part 2 / Section 2429-D
Contributions to agency
Status: in_force

§ 2429-d. Contributions to agency. Notwithstanding the provisions of\nany general or special law or the provisions of any certificate of\nincorporation, charter or other articles of organization, all domestic\ncorporations or associations organized for the purpose of carrying on\nbusiness in this state, and any other persons are hereby authorized to\nmake contributions to the agency.\n
N.Y. PBA Law § 2419 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2419
Annual report
Status: in_force

§ 2419. Annual report. The agency shall submit to the governor, the\nchairman of the senate finance committee, the chairman of the assembly\nways and means committee, the comptroller and the director of the budget\nwithin six months after the end of its fiscal year, a complete and\ndetailed report setting forth: (1) its operations and accomplishments;\n(2) its receipts and expenditures during such fiscal year in accordance\nwith the categories or classifications established by the agency for its\noperating and capital outlay purposes, including a listing of all\nprivate consultants engaged by the agency on a contract basis and a\nstatement of the total amount paid to each such private consultant; (3)\nits assets and liabilities at the end of its fiscal year, including a\nschedule of its mortgages and the status of reserve, special or other\nfunds; (4) a schedule of its bonds and notes outstanding at the end of\nits fiscal year, together with a statement of the amounts redeemed and\nincurred during such fiscal year; (5) a schedule of mortgages which have\nbeen insured during such year and mortgages for which there exists an\noutstanding commitment to insure and the status of the mortgage\ninsurance fund and other funds established by the corporation; and with\nrespect to the agency's fiscal years ending after nineteen hundred\neighty-five; (6) a breakdown by region (as defined in subdivision nine\nof section two thousand four hundred twenty-six of this title) of the\naverage income of recipients of SONYMA mortgage loans for such fiscal\nyear, stated separately for SONYMA's tax exempt and blended program and\nSONYMA's taxable program; (7) a breakdown by region of the income\ndistribution of recipients of SONYMA mortgage loans for such fiscal\nyear, stated separately for SONYMA's tax exempt and blended program and\nSONYMA's taxable program; and (8) a breakdown by region of the average\npurchase price of structures acquired with SONYMA mortgage loans for\nsuch fiscal year, stated separately for SONYMA's tax exempt and blended\nprogram and SONYMA's taxable program. With respect to the schedule\nmentioned in item five hereof, such schedule shall be submitted within\nninety days after the end of its fiscal year and shall be submitted to\nthe temporary president of the senate and speaker of the assembly in\naddition to the aforementioned officers.\n
N.Y. ENV Law § 71-1703 — New York Code / Act ENV / Article 71 / Title 17 / Section 71-1703
Legal presumptions; evidence
Status: in_force

§ 71-1703. Legal presumptions; evidence.\n  1. The actions, proceedings, authority, and orders of the department\nin enforcing the provisions of this chapter listed in section 71-1701,\nand of titles 17 through 21 inclusive of this article applying them to\nspecific cases shall at all times be regraded as in their nature\njudicial, and shall be treated as prima facie just and legal.\n  2. The written reports of state and local health officers, inspectors,\ninvestigators, nurses and other representatives of state and local\nhealth officers on questions of fact pertaining to, concerning or\narising under and in connection with complaints, alleged violations,\ninvestigations, proceedings, actions, authority and orders, related to\nthe enforcement of this chapter, the sanitary code or any local health\nregulation shall be presumptive evidence of the facts so stated therein,\nand shall be received as such in all courts and places. The presons\nmaking such reports shall be exempt from personal liability for the\nstatements therein made, if they have acted in good faith.\n
N.Y. ENV Law § 71-1701 — New York Code / Act ENV / Article 71 / Title 17 / Section 71-1701
Applicability of this title
Status: in_force

§ 71-1701. Applicability of this title.\n  This title shall be applicable to the enforcement of titles 1 through\n11 and titles 15 through 19 of article 17; article 19; and titles 1 and\n33 of article 27.\n
N.Y. PBA Law § 2429-A — New York Code / Act PBA / Article 8 / Title 17 / Part 2 / Section 2429-A
Payment of insurance and development corporation credit support
Status: in_force

§ 2429-a. Payment of insurance and development corporation credit\nsupport. 1. The agency shall establish procedures to be followed by a\nmortgagee in the event of a default under the terms of any mortgage\ninsured by the agency. The agency may require that prior to submitting a\nclaim to the agency for payment of insurance the mortgagee shall take\nsuch actions with respect to the property securing the defaulted\nmortgage as may be specified by the agency to be satisfactory evidence\nof a continuing default, including but not limited to the following: (i)\nbecoming lawfully the mortgagee in possession thereof; (ii) causing a\nreceiver to be appointed of such property; (iii) obtaining voluntary\nconveyance of the mortgagor's right and title to such property; or (iv)\nobtaining by foreclosure clear and unencumbered title to such property,\nall in such manner as the agency may require. Following submission of a\nvalid claim the agency shall pay an amount which shall not exceed the\nlesser of (1) the then outstanding insured principal amount of the\nmortgage multiplied by the per centum of such outstanding amount insured\nby the agency and a per centum of the mortgagee's cost arising from the\ndefault, inclusive of public liens and delinquent and unpaid interest,\nall as the agency may from time to time allow, which per centum shall\nnot exceed the per centum of the outstanding principal indebtedness\ninsured by the agency or (2) the insured amount of the mortgage at the\ndate of execution of the insurance contract or its latest amendment, if\nany, except that the agency shall pay the greater of the two amounts on\nclaims by a public employee pension fund, or by a public benefit\ncorporation derived from the sale of notes or bonds issued by said\ncorporation, provided that no more than the actual loss suffered by such\npublic employee pension fund or public benefit corporation shall be\npaid. Such payment may be made by the agency in a lump sum, or in\npartial payments made within such period of time as may be agreed to\nbetween the agency and the mortgagee, all in accordance with procedures\nto be established by the agency.\n  2. The agency shall establish, by contract or otherwise, procedures to\nbe followed with respect to development corporation credit support for\nwhich the development corporation credit support account has been\ndetermined by the agency to be a source or potential source of payment.\n
N.Y. ENV Law § 71-1723 — New York Code / Act ENV / Article 71 / Title 17 / Section 71-1723
Issuance of subpoenas; compelling the attendance and testimony of witnesses
Status: in_force

§ 71-1723. Issuance of subpoenas; compelling the attendance and\n             testimony of witnesses.\n  The commissioner may issue subpoenas, compel the attendance of\nwitnesses and compel them to testify in any matter or proceeding before\nhim, brought under this title or the provisions of this chapter listed\nin section 71-1701. In any such matter or proceeding the commissioner\nmay also require a witness to attend and give testimony in a county\nwhere he resides or has a place of business without the payment of any\nfees.\n
N.Y. ENV Law § 11-1727 — New York Code / Act ENV / Article 11 / Title 17 / Section 11-1727
Hatchery trout and domestic or imported foreign game in sealed containers
Status: in_force

§ 11-1727. Hatchery trout and domestic or imported foreign game in\n             sealed containers.\n  Trout raised in a private hatchery under permit from the department or\noutside the state under certificate pursuant to section 11-1715, and\ncarcasses or parts thereof of processed imported foreign game and\ndomestic game, packed within or without the state in sealed containers,\nmay be imported, transported, exported, bought and sold at any time. No\nperson in this state shall possess, transport, import, export, buy or\nsell any such trout, imported game or domestic game in a sealed\ncontainer unless such container shall bear a label describing the\ncontents and the name of the person by whom processed.\n