N.Y. ENV Law § 15-0514 — New York Code / Act ENV / Article 15 / Title 5 / Section 15-0514
Prohibition of certain incompatible uses over either primary groundwater recharge areas or federally designated sole source aquifers
Status: in_force

§ 15-0514. Prohibition of certain incompatible uses over either primary\n             groundwater recharge areas or federally designated sole\n             source aquifers.\n  1. Definitions: The following terms, whenever used or referred to in\nthis section, shall have the following meanings:\n  a. "Primary groundwater recharge areas" shall mean those areas of the\nland surface through which water of great volume and high quality\ngenerally move downward to the deeper portions of the underlying\ngroundwater reservoir. In the counties of Nassau and Suffolk, primary\ngroundwater recharge areas shall mean Hydrogeologic Zones I, II, III, IV\nand V as defined in the Long Island Comprehensive Waste Treatment\nManagement Plan of 1978, or any amendments to such boundaries which are\naccepted by the commissioner.\n  a-1. "Primary water supply aquifer areas" shall mean those areas in\nthe counties of Nassau, Suffolk, Kings and Queens and the Schenectady\naquifer (commonly known as the Great Flats Aquifer), as identified in\nthe nineteen hundred eighty-one New York state department of health\nreport on groundwater dependence in New York state, and defined in the\nUnited States Geologic Survey maps for such aquifers, or any amendments\nto such boundaries which are accepted by the commissioner.\n  b. "Incompatible uses" shall mean any hazardous waste or substances as\ndetermined by the department, that may ultimately be discharged to\ngroundwater, or the storage of such a substance that may contaminate the\ngroundwater.\n  c. "Long Island Comprehensive Waste Treatment Management Plan of 1978"\nshall mean the study prepared by the Long Island Regional Planning Board\npursuant to section two hundred eight of the Federal Water Pollution\nControl Act as amended in 1972.\n  d. "Sole source aquifer" shall mean an aquifer system that the United\nStates environmental protection agency, pursuant to Public Law 93-523\nwhich is known as the federal Safe Drinking Water Act of 1974, has\ndesignated as the sole or principal drinking water source for an area\nand which, if contaminated, would create a significant hazard to public\nhealth.\n  e. "Hazardous wastes" shall include all materials or chemicals listed\nas hazardous wastes pursuant to article twenty-seven of this chapter, or\nall toxic pollutants as defined in subdivision nineteen of section\n17-0105 of this chapter.\n  f. "Hazardous substance" means:\n  (1) petroleum; or\n  (2) any substance or combination of substances designated as a\nhazardous substance under section 311 of the Federal Water Pollution\nControl Act (33USC1321) and which is not a hazardous waste under title 9\nof article 27 of this chapter; or\n  (3) any substance listed by the department which because of its\nquantity, concentration, or physical, chemical or infectious\ncharacteristics may;\n  (i) Cause, or significantly contribute to an increase in mortality or\nan increase in serious irreversible or incapacitating reversible\nillness; or\n  (ii) Pose a substantial present or potential hazard to human health or\nthe environment when improperly stored or otherwise managed.\n  The department shall promulgate a list of hazardous substances, within\none year after the effective date of this section, including petroleum\nfor the purposes of carrying out the applicable provisions of this\ntitle. Prior to the promulgation of such list the department shall\nsolicit information on the present practices of industry and other\ncommercial users of hazardous substances.\n  g. "Petroleum" means oil or petroleum of any kind and in any form\nincluding, but not limited to, oil, petroleum, fuel oil, crude oil,\npetroleum mixed with one or more other substances, gasoline, kerosene,\nnaphtha and as further defined by the department in rules and\nregulations.\n  2. The Nassau - Suffolk Hydrogeologic Zones I, II, III, IV and V, and\ntheir attendant boundaries as specified in the Long Island Comprehensive\nWaste Treatment Management Plan of 1978, or any amendments to such\nboundaries which are accepted by the commissioner are hereby adopted as\nprimary groundwater recharge areas for the counties of Nassau and\nSuffolk for the purposes of this section.\n  3. The department shall propose, for the purposes of this section,\nprimary groundwater recharge areas within either other designated sole\nsource aquifer systems, excluding the counties of Nassau and Suffolk, or\nwithin primary water supply aquifer areas based upon hydrogeological\nconditions and recommendations within the department's groundwater\nmanagement plan, within twelve months subsequent to the date at which\nthe sole source aquifer designation becomes effective or within twelve\nmonths of the effective date of this amended subdivision, pursuant to\nthe following procedures:\n  a. The department shall hold public hearings in regard to the proposed\nlocations and boundaries of the primary groundwater recharge areas.\n  b. Notice of each public hearing shall be by publication in a\nnewspaper most likely to give notice to the people residing within the\nprimary water supply aquifer. Notice of such hearing shall be printed at\nleast once in each of three successive weeks, but the hearing shall not\nbe conducted less than thirty days following the date of first\npublication of notice of such hearing.\n  c. The department shall subsequently finalize and adopt specific\nlocations and boundaries of such primary groundwater recharge areas\nwithin three months following the completion of such hearing.\n  d. Additional primary groundwater recharge areas or new boundaries of\nexisting primary recharge areas may be delineated by the department\nbased upon new hydrogeological information subject to the procedure\noutlined in paragraphs a, b and c of this subdivision.\n  4. Copies of the adopted boundaries of the delineated areas shall be\nkept on file in the offices of the commissioner and the regional\ndirector of the department.\n  5. The department shall promulgate rules and regulations which will\nrestrict or prohibit incompatible uses over primary water supply\naquifers, giving special attention where necessary to protect primary\ngroundwater recharge areas.\n  6. In undertaking its responsibilities under this section, the\ndepartment shall give first attention to the protection of pristine,\nlargely undisturbed or undeveloped areas to insure the non-degradation\nof the water resources of such areas.\n
N.Y. EDN Law § 3609-B — New York Code / Act EDN / Title 5 / Article 73 / Part 1 / Section 3609-B
Moneys apportioned for students with disabilities, when and how payable
Status: in_force

§ 3609-b. Moneys apportioned for students with disabilities, when and\nhow payable. Moneys apportioned to school districts for the excess cost\naid setaside pursuant to subdivision four of section thirty-six hundred\ntwo of this article and the apportionments for students with\ndisabilities due in accordance with the provisions of subdivisions five\nand five-a of section thirty-six hundred two of this article and section\nforty-four hundred five of this chapter, shall be paid to or on behalf\nof school districts in accordance with the provisions of this section,\nprovided, however, that payments made to or on behalf of any school\ndistrict pursuant to this section shall be adjusted subsequent to the\nfiling, in an acceptable manner, of aid claim forms prescribed by the\ncommissioner.\n  For aid payable in the two thousand seven--two thousand eight school\nyear and thereafter, "moneys apportioned" shall mean the sum of; (i) the\nlesser of (A) one hundred percent of the respective amount set forth for\neach school district as payable pursuant to this section in the school\naid computer listing for the current year, as defined in the opening\nparagraph of section thirty-six hundred nine-a of this article, or (B)\nthe apportionment calculated by the commissioner for the current year\nbased on data on file at the time the payment is processed plus (ii) the\nexcess cost aid setaside computed pursuant to subdivision four of\nsection thirty-six hundred two of this article, based on data utilized\nin producing such school aid listing for the current year. The\ndefinitions "base year" and "current year" as set forth in subdivision\none of section thirty-six hundred two of this article shall apply to\nthis section.\n  1. Assignment of certain moneys.  a. Any moneys to be apportioned by\nthe commissioner to school districts during the school year pursuant to\nthis section for services provided on or before June thirtieth, two\nthousand nine that were reimbursed by the state on or before April\nfirst, two thousand eleven shall, in the first instance, be designated\nas the state share of moneys due a school district pursuant to title XIX\nof the social security act, on account of school supportive health\nservices provided to students with disabilities in special education\nprograms pursuant to article eighty-nine of this chapter and to those\npupils who are qualified handicapped persons as defined in the federal\nrehabilitation act of nineteen hundred seventy-three, as amended. Some\nor all of such state share may be assigned on behalf of school districts\nto the department of health, as provided herein; any remaining state\nshare moneys shall be paid to school districts on the same schedule as\nthe federal share of such title XIX payments and shall be based on the\nmonthly report of the commissioner of health to the commissioner; and\nany remaining moneys to be apportioned to a school district pursuant to\nthis section shall be paid in accordance with the provisions of\nsubdivision two of this section. The amount to be assigned to the\ndepartment of health, as determined by the commissioner of health, for\nany school district shall not exceed the federal share of any moneys due\nsuch school district pursuant to title XIX. Moneys designated as state\nshare moneys shall be paid to such school districts based on the\nsubmission and approval of claims related to such school supportive\nhealth services, in the manner provided by law.\n  a-1. Any moneys to be apportioned by the commissioner to school\ndistricts during the school year pursuant to this section for services\nprovided during the two thousand nine--two thousand ten school year and\nthereafter, or for services provided in a prior school year that were\nnot reimbursed by the state on or before April first, two thousand\neleven, shall, in the first instance, be designated as the state share\nof moneys due a school district pursuant to title XIX of the social\nsecurity act, on account of school supportive health services provided\nto students with disabilities in special education programs pursuant to\narticle eighty-nine of this chapter and to those pupils who are\nqualified handicapped persons as defined in the federal rehabilitation\nact of nineteen hundred seventy-three, as amended. Such state share\nshall be assigned on behalf of school districts to the department of\nhealth, as provided herein; the amount designated as such nonfederal\nshare shall be transferred by the commissioner to the department of\nhealth based on the monthly report of the commissioner of health to the\ncommissioner; and any remaining moneys to be apportioned to a school\ndistrict pursuant to this section shall be paid in accordance with the\nprovisions of subdivision two of this section. The amount to be assigned\nto the department of health, as determined by the commissioner of\nhealth, for any school district shall not exceed the federal share of\nany moneys due such school district pursuant to title XIX. Moneys\ndesignated as state share moneys shall be paid to such school districts\nby the department of health based on the submission and approval of\nclaims related to such school supportive health services, in the manner\nprovided by law.\n  b. Any moneys remaining to be apportioned to a school district\npursuant to this section shall, in the second instance, be used to\nreimburse the commissioner for any moneys due from a school district\nfound to be financially responsible, in accordance with the provisions\nof paragraph e of subdivision four of section thirty-two hundred two of\nthis chapter, for the cost of instruction of a student with a disability\nplaced by a local social services district or other state department or\nagency in a family home at board that receives program support from a\nchild care institution affiliated with a special act school district\nwhich is located in another school district which contracts for the\neducation of such student, upon the recommendation of its committee on\nspecial education, for the instruction of such student pursuant to\nparagraph c, d, e or f of subdivision two of section forty-four hundred\none of this chapter or for a nonresidential placement pursuant to\nparagraph one of such subdivision. In the event that a district owes\nmore than the moneys remaining to be apportioned to the district\npursuant to this section, the commissioner shall withhold such excess\nfrom any other moneys due the district.\n  2. Payments to school districts. a. The moneys apportioned by the\ncommissioner to school districts in accordance with the provisions of\nsubdivisions five and five-a of section thirty-six hundred two of this\narticle and section forty-four hundred five of this chapter and the\nmoneys apportioned to school districts for the excess cost aid setaside\npursuant to subdivision four of section thirty-six hundred two of this\narticle, during the school year and remaining due after deductions are\nmade for the purposes of subdivision one of this section, shall be\npayable, for the two thousand seven--two thousand eight school year and\nthereafter in accordance with the following schedule:\n  (1) December payment. On or before December fifteenth, a portion shall\nbe paid equal to the positive remainder of twenty-five percent of the\nmoneys apportioned less any payments made pursuant to paragraph a of\nsubdivision one of this section for the current year.\n  (2) March payment. On or before March fifteenth, a portion shall be\npaid equal to the positive remainder of seventy percent of the moneys\napportioned less any payments made pursuant to paragraph a of\nsubdivision one of this section and subparagraph one of this paragraph\nfor the current year.\n  (3) June payment. On or before June fifteenth, a portion shall be paid\nequal to the positive remainder of eighty-five percent of the moneys\napportioned less any payments made pursuant to paragraph a of\nsubdivision one of this section and subparagraphs one and two of this\nparagraph for the current year.\n  (4) August payment. To the extent that any moneys are owed to a school\ndistrict pursuant to this section, a portion shall be paid on or before\nAugust fifteenth equal to the positive remainder of one hundred percent\nof the moneys apportioned less any payments made pursuant to paragraph a\nof subdivision one of this section and subparagraphs one, two and three\nof this paragraph for the current year.\n  (5) Deferred September payment. Any amount payable to a school\ndistrict pursuant to this section which exceeded one hundred percent of\nthe respective amount set forth for such district as payable pursuant to\nthis section in the school aid computer listing for the current school\nyear shall be designated for payment for the month of September next\nfollowing the close of the current school year. Such payments shall be\nmade on the first state business day of the month of September, based on\ndata on file as of August first; provided however, that for the\nSeptember two thousand six payment such calculation shall be based on\nthe computer listing for the current year using data on file as of\nAugust first.\n  b. Such moneys shall be payable to the treasurer of each city school\ndistrict, and the treasurer of each union free school district and of\neach central school district and of each other school district, if there\nbe a treasurer, otherwise to the collector or other disbursing officer\nof such district or board of cooperative educational services, who shall\napply for and receive the same as soon as payable. In the case of city\nschool districts of cities with one hundred twenty-five thousand\ninhabitants or more, any payment which pursuant to this section is\nrequired to be made to the treasurer of the city school district, shall\nbe made to the city treasurer or chamberlain.\n  3. Due minimum supplemental apportionment. Notwithstanding any\ninconsistent provisions of subdivisions five and five-a of section\nthirty-six hundred two of this article and section forty-four hundred\nfive of this chapter, for the two thousand seven--two thousand eight\nschool year and thereafter, the due minimum supplemental apportionment\nshall equal the positive remainder resulting when the sum of the\napportionments due a school district pursuant to such subdivisions five\nand five-a and such section forty-four hundred five for any school year\nand, the moneys apportioned for the excess cost aid setaside pursuant to\nsubdivision four of section thirty-six hundred two of this article, is\nsubtracted from the amount designated as the state share of moneys due a\nschool district pursuant to title XIX of the social security act, on\naccount of school supportive health services provided to pupils with\ndisabilities in special education programs pursuant to article\neighty-nine of this chapter as determined in accordance with the\nprovisions of subdivision one of this section. Any additional\napportionment pursuant to this subdivision shall be computed and\nrecomputed by the commissioner in the normal course of auditing school\ndistrict claims for aid.\n  4. In addition to any other payments due a district pursuant to this\nsection, the commissioner shall also reimburse districts for any amounts\ndue in accordance with the provisions of paragraph e of subdivision four\nof section thirty-two hundred two of this chapter as follows:\n  a. thirty-five percent of any amounts due shall be payable on or\nbefore December fifteenth;\n  b. seventy percent of any amounts due, minus any payment made pursuant\nto paragraph a of this subdivision, shall be payable on or before March\nfifteenth; and\n  c. any remaining amount due shall be payable on or before June\nfifteenth.\n
N.Y. BNK Law § 5011 — New York Code / Act BNK / Article 15 / Title 5 / Section 5011
Redeemable shares
Status: in_force

§ 5011. Redeemable shares.  1. A corporation may provide in its\norganization certificate for a class of common shares in relation to an\nincentive stock option plan pursuant to section one hundred forty-a of\nthis chapter and for one or more classes or series of preferred shares\nwhich are redeemable, in whole or in part, at the option of the\ncorporation at such price or prices, within such period or periods and\nunder such conditions as are stated in the organization certificate.\n  2. A corporation shall not issue redeemable or other shares which\npurport by their terms to grant to any holder thereof the right to\ncompel the corporation to redeem such shares.\n  3. Nothing in this section shall prevent a corporation from creating\nsinking funds for the redemption or purchase of its preferred shares to\nthe extent permitted by section five thousand twelve.\n
N.Y. PBA Law § 3601 — New York Code / Act PBA / Article 10-C / Title 5 / Section 3601
Legislative findings and purpose
Status: in_force

§ 3601. Legislative findings and purpose. The legislature hereby finds\nand declares as follows:\n  1. Currently, the Clifton-Fine Hospital is a public hospital owned and\noperated by the town of Clifton and the town of Fine.\n  2. The needs of the residents of the state of New York and of the\ntowns of Clifton and Fine in St. Lawrence County can best be served by\nthe operation of the Clifton-Fine Hospital by a public benefit\ncorporation having the legal, financial and managerial flexibility to\ntake full advantage of opportunities and challenges presented by the\nevolving health care environment.\n  3. In order to accomplish the purposes recited in this section to\nprovide health care services and health facilities for the benefit of\nthe residents of the state of New York and the towns of Clifton and Fine\nincluding persons in need of health care services without the ability to\npay as required by law, a public benefit corporation to be known as the\nClifton-Fine health care corporation shall be created to provide such\nservices and facilities and to otherwise carry out such purposes; that\nthe creation and operation of the Clifton-Fine health care corporation,\nas hereinafter provided, is in all respects for the benefit of the\npeople of the state of New York and of the towns of Clifton and Fine and\nis a state, municipal and public purpose; and that the exercise by such\ncorporation of the functions, powers and duties as hereinafter provided\nconstitutes the performance of an essential public and governmental\nfunction.\n
N.Y. PBA Law § 1500-H — New York Code / Act PBA / Article 7 / Title 5 / Section 1500-H
Moneys of the authority
Status: in_force

§ 1500-h. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the city as\nagent of the authority, who shall not commingle such moneys with any\nother moneys. Such moneys shall be deposited in a separate bank account\nor accounts. The money in such accounts shall be paid out by the\ntreasurer on requisition of the chair of the authority or of such person\nor persons as the authority may authorize to make such requisitions\nafter audit by and upon the warrant of the city comptroller. All\ndeposits of such moneys shall, if required by the treasurer or the\nauthority, be secured by obligations of the United States or the state\nof New York or of any municipality of a market value equal at all times\nto the amount of the deposit, and all banks and trust companies are\nauthorized to give such security for such deposits. To the extent\npracticable, consistent with the cash requirements of the authority, all\nsuch monies shall be deposited in interest bearing accounts. The\ntreasurer and a legally authorized representative of the treasurer are\nauthorized and empowered from time to time to examine the accounts and\nbooks of the authority, including its receipts, disbursements,\ncontracts, leases, sinking funds, investments and any other records and\npapers relating to its financial standing. The account of the authority\nshall be subject to the supervision of the New York state comptroller,\nand such comptroller or legally authorized representatives of the\ncomptroller are authorized and empowered from time to time to examine\nthe accounts and books of the authority, including its receipts,\ndisbursements, contracts, leases, sinking funds, investments and any\nother records and papers relating to its financial standing and fiscal\naffairs. The authority shall have power, notwithstanding the provisions\nof this section, to contract with the holders of any of its bonds as to\nthe custody, collection, securing, investment and payment of any moneys\nof the authority or any moneys held in trust or otherwise for the\npayment of bonds or in any way to secure bonds, and to carry out any\nsuch contract notwithstanding that such contract may be inconsistent\nwith the previous provisions of this section. Moneys held in trust or\notherwise for the payment of bonds or in any way to secure bonds and\ndeposits of such moneys may be acquired in the same manner as moneys of\nthe authority, and all banks and trust companies are authorized to give\nsuch security for such deposits. Any monies of the authority not\nrequired for immediate use or disbursement may, at the discretion of the\nauthority, be invested pursuant to section ninety-eight-a of the state\nfinance law in accordance with guidelines established by the board and\namended from time to time. Subject to the provisions of any contract\nwith bondholders and with the approval of the state comptroller, the\nauthority shall prescribe a system of accounts, provided however, the\nauthority shall render a complete annual account of its proceedings to\nthe common council at its first meeting in January of each and every\nyear. The authority shall enter into agreement with the city to pay and\ntransfer a certain portion of excess revenues of the authority to the\ncity each fiscal year. Within ninety days after the end of each fiscal\nyear, an annual financial and management audit of the authority's\nperformance and operations shall be prepared by an independent certified\npublic accountancy firm. Such firm shall be chosen from an approved list\nof auditors prescribed by the city comptroller, the expense of which\nshall be treated as an expense of the authority.\n
N.Y. EDN Law § 3602-F — New York Code / Act EDN / Title 5 / Article 73 / Part 1 / Section 3602-F
Apportionment of moneys to school districts that result from the partitioning of territory and formation of new school districts by distr...
Status: in_force

§ 3602-f. Apportionment of moneys to school districts that result from\nthe partitioning of territory and formation of new school districts by\ndistrict superintendents. Notwithstanding any other provision of law to\nthe contrary, the apportionment of public money payable to school\ndistricts resulting from the partitioning of territory and formation of\nnew school districts pursuant to section twenty-two hundred eighteen of\nthis chapter shall be computed pursuant to section thirty-six hundred\ntwo of this article as adjusted by this section.\n  1. Definitions. As used in this section the following terms shall be\ndefined as follows: a. "Combined data" shall mean any data or reports of\nfactors specified in statute or regulation for the calculation and\npayment of any apportionment of state aid during the current school year\npursuant to this chapter that derive from the annual records of the\npre-existing school district, the remaining school district or the new\nschool district for any school year ending prior to the first complete\nschool year commencing on or after partitioning of territory of the\npre-existing school district and formation of the new and remaining\nschool districts pursuant to section twenty-two hundred eighteen of this\nchapter.\n  b. "Partitioned data" shall mean: (i) for the new school district, the\nproduct of combined data multiplied by the quotient of the resident\npublic school district enrollment during the current year of such new\nschool district divided by the sum of the resident public school\ndistrict enrollment during the current year of the new school district\nand of the remaining school district, and (ii) for the remaining school\ndistrict the product of combined data multiplied by the quotient of the\nresident public school district enrollment during the current year of\nsuch remaining school district divided by the sum of the resident public\nschool district enrollment during the current year of the new school\ndistrict and of the remaining school district.\n  c. "Adjusted actual valuation" shall mean the product of the actual\nvaluation of the pre-existing school district, as defined in paragraph c\nof subdivision one of section thirty-six hundred two of this article,\nthat would have been used to compute aids apportioned to the\npre-existing school district in the current school year if partitioning\nhad not occurred, and the actual valuation adjustment factor.\n  d. "Actual valuation adjustment factor" shall mean (i) the quotient of\nthe total taxable value of the assessment roll used by the school\ndistrict claiming an apportionment pursuant to this section to levy\ntaxes in the first complete school year commencing on or after\npartitioning divided by the applicable equalization rate used to\napportion such tax levy, divided by (ii) the sum of such quotients\ncomputed for the new school district and for the remaining school\ndistrict. Such factor shall be computed by the director of the office of\nreal property services based on reports to be submitted to the director\nof real property services by the new school district and by the\nremaining school district, in a format specified by the director, no\nlater than thirty days after the levy of taxes for the first complete\nschool year commencing on or after partitioning. The director of the\noffice of real property services shall certify the value computed for\nthe new school district and for the remaining school district to the\ncommissioner no later than thirty days after the receipt of such\nreports.\n  e. "Adjusted income" shall mean the product of the adjusted gross\nincome of the pre-existing school district as set forth in paragraph k\nof subdivision one of section thirty-six hundred two of this article,\nthat would have been used to compute aids apportioned to the\npre-existing school district in the current school year if partitioning\nhad not occurred, and the actual valuation adjustment factor.\n  2. Notwithstanding any other provision of this chapter, for the\npurposes of computing any apportionment of state aid payable pursuant to\nthis chapter to the new school district or to the remaining school\ndistrict during the first complete school year commencing on or after\npartitioning or any school year thereafter, the following factors used\nin the apportionment and payment of aid to the new school district or to\nthe remaining school district shall be used in lieu of the indicated\nfactors for any calculations that are based pursuant to statute on such\ndata for a school year ending prior to such first complete school year\ncommencing on or after partitioning, except that where the commissioner\ndetermines that more accurate data is available for actual valuation\nand/or income, the commissioner shall use such more accurate data:\n  a. Adjusted actual valuation as defined in paragraph c of subdivision\none of this section in lieu of actual valuation as defined in paragraph\nc of subdivision one of section thirty-six hundred two of this article.\n  b. Adjusted income as defined in paragraph e of subdivision one of\nthis section in lieu of adjusted gross income as set forth in paragraph\nk of subdivision one of section thirty-six hundred two of this article.\n  3. Notwithstanding any other provision of this chapter, for the\npurposes of computing any apportionment of state aid payable pursuant to\nthis chapter to the new school district or to the remaining school\ndistrict during the first complete school year commencing on or after\npartitioning or any school year thereafter, the following factors used\nin the apportionment and payment of aid to the new school district or to\nthe remaining school district shall be computed using combined data for\nany calculations that are based pursuant to statute on such data for a\nschool year ending prior to such first complete school year commencing\non or after partitioning.\n  a. Percentage of pupils with special educational needs as defined in\nsubparagraph one of paragraph e of subdivision one of section thirty-six\nhundred two of this article.\n  b. Expense per pupil as defined in paragraph f of subdivision one of\nsection thirty-six hundred two of this article.\n  c. Attendance ratio as defined in paragraph m of subdivision one of\nsection thirty-six hundred two of this article.\n  d. Percent of eligible applicants for the free and reduced price lunch\nprogram as defined in paragraph p of subdivision one of section\nthirty-six hundred two of this article.\n  e. Sparsity factor as set forth in subparagraph (ii) of paragraph r of\nsubdivision one of section thirty-six hundred two of this article.\n  f. Percentage of pupils with compensatory educational needs as defined\nin paragraph t of subdivision one of section thirty-six hundred two of\nthis article.\n  g. Tax effort ratio as defined in subparagraph one of paragraph a of\nsubdivision sixteen of section thirty-six hundred two of this article.\n  h. Residential real property tax levy as defined in subparagraph three\nof paragraph a of subdivision sixteen of section thirty-six hundred two\nof this article.\n  i. School district basic contribution as defined in subdivision eight\nof section forty-four hundred one of this chapter.\n  4. Notwithstanding any other provision of this chapter, for the\npurposes of computing any apportionment of state aid payable pursuant to\nthis chapter to the new school district or to the remaining school\ndistrict during the first complete school year commencing on or after\npartitioning or any school year thereafter, the following factors used\nin the apportionment of aid to the new school district or to the\nremaining school district shall be computed using partitioned data for\nany calculations that are based pursuant to statute on such data for a\nschool year ending prior to such first complete school year commencing\non or after partitioning:\n  a. Summer session pupils as defined in paragraph g of subdivision one\nof section thirty-six hundred two of this article.\n  b. Comprehensive operating aids base as defined in paragraph j of\nsubdivision one of section thirty-six hundred two of this article.\n  c. Enrollment, public school district enrollment, nonpublic school\nenrollment, resident public school district enrollment, resident\nnonpublic school district enrollment and additional public school\nenrollment each as defined in paragraph n of subdivision one of section\nthirty-six hundred two of this article.\n  d. English language learner pupil count as defined in paragraph o of\nsubdivision one of section thirty-six hundred two of this article.\n  e. Public excess cost aid base as defined in paragraph y of\nsubdivision one of section thirty-six hundred two of this article.\n  f. Extraordinary needs aid base as defined in paragraph z of\nsubdivision one of section thirty-six hundred two of this article.\n  g. Resident weighted average daily attendance as defined in\nsubdivision two of section thirty-six hundred two of this article.\n  h. Adjusted average daily attendance as defined in subdivision two-a\nof section thirty-six hundred two of this article.\n  i. Total wealth pupil units as defined in subdivision two-b of section\nthirty-six hundred two of this article.\n  j. Approved transportation expense as defined in subdivision seven of\nsection thirty-six hundred two of this article.\n  k. Total aidable pupil units as defined in subdivision eight of\nsection thirty-six hundred two of this article.\n  l. Weighted pupils with handicapping conditions as defined in\nsubparagraph b of paragraph one of subdivision nineteen of section\nthirty-six hundred two of this article.\n  m. Number of declassified pupils as defined in paragraph seven of\nsubdivision nineteen of section thirty-six hundred two of this article.\n  n. Approved expenses for instructional computer hardware and\ntechnology equipment as defined in subdivision twenty-six of section\nthirty-six hundred two of this article.\n  o. Approved expenses for instructional computer technology as defined\nin subdivision twenty-six-a of section thirty-six hundred two of this\narticle.\n  5. In the event the effective date of a reorganization pursuant to\nsection twenty-two hundred eighteen of this chapter is after July first\nin any school year, or for any other grant or apportionment of aid not\nreferenced in this section, aid shall be computed in the manner\nprescribed in the regulations of the commissioner.\n  6. Notwithstanding any provision of section three hundred fourteen of\nthis chapter or paragraph a of subdivision fourteen of section\nthirty-six hundred two of this article to the contrary, a school\ndistrict that has been reorganized pursuant to section twenty-two\nhundred eighteen of this chapter shall be eligible for apportionments of\nbuilding aid pursuant to subdivision six of such section thirty-six\nhundred two of this article and this section for the construction,\nacquisition, reconstruction, rehabilitation or improvement of school\nbuildings after a reorganization pursuant to section twenty-two hundred\neighteen of this chapter despite any inconsistency between such\nreorganization and the state plan for school reorganization. In\naddition, following the partitioning of territory pursuant to section\ntwenty-two hundred eighteen of this chapter, the remaining school\ndistrict shall continue to be eligible to receive reorganization\nincentive aid and/or reorganization incentive building aid for a prior\nreorganization in accordance with subdivision fourteen of section\nthirty-six hundred two of this article, except where such partitioning\nreverses the prior reorganization for which such aid would be paid.\n
N.Y. RSS Law § 40 — New York Code / Act RSS / Article 2 / Title 5 / Section 40
Membership of retirement system
Status: in_force

§ 40. Membership of retirement system. a. Each person who becomes a\nmember of the retirement system shall file a duly executed application\nwith the comptroller. Such application shall contain:\n  1. A detailed statement of all such person's service, and\n  2. A statement that he consents and agrees to membership and to the\ncontributions prescribed by this article.\n  b. Membership in the retirement system shall be mandatory for the\nfollowing:\n  1. All persons who enter or re-enter the service of the state or of a\nparticipating employer on and after July first, nineteen hundred\nforty-eight, except those:\n  (a) In the exempt class of the classified service.\n  (b) In the labor class.\n  (c) Who are laborers and who are not covered by article nine of the\nmilitary law.\n  (d) In the unclassified service.\n  (e) Who are teachers or instructors and who are eligible to membership\nin another retirement system.\n  (f) Sixty years of age and over, whose positions in the exempt class,\nlabor class or unclassified service have by reason of a reclassification\nof positions on or after December fifteenth, nineteen hundred\nforty-eight, been placed in the competitive or non-competitive class of\nthe classified service.\n  (g) Whose positions are excluded from eligibility for membership in\nthe retirement system and are covered only by old-age and survivors\ninsurance.\n  (h) Whose positions pay compensation at a rate of less than fifteen\nhundred dollars a year.\n  (i) Otherwise specifically provided for by law.\nPersons employed in state or local institutions reporting to or subject\nto the supervision of the state departments of correction, education,\nsocial welfare, health or mental hygiene need not become members until\nthe completion of six months of service.\n  2. (a) Those persons who enter or re-enter service in the state\ncolleges of agriculture, home economics, veterinary medicine, or\nindustrial and labor relations, the state agricultural experiment\nstation at Geneva, or any other institution or agency under the\nmanagement and control of Cornell university as representative of the\nstate university trustees, or who enter or re-enter service in the state\ncollege of ceramics under the management and control of Alfred\nuniversity as the representative of the state university trustees, and\nwho do not elect the optional retirement program established by article\neight-B of the education law, except employees who hold federal\ncooperative appointments with the United States department of\nagriculture as designated by the director of the New York state\ncooperative extension service and who are eligible for participation in\nthe federal retirement system as provided in subparagraph (b) below.\nEach such member shall be covered by the provisions of this article to\nthe full amount of the salary paid to him from direct or indirect\nfederal or state taxes. Any person who is in such service when this\nparagraph takes effect and who has not made contribution to the annuity\nsavings fund of the New York state employees' retirement system may on\nor before July first, nineteen hundred fifty-seven become a member of\nthe New York state employees' retirement system and receive credit for\nallowable service rendered prior to January first, nineteen hundred\ntwenty-one, by filing with the comptroller a statement duly executed and\nacknowledged, consenting and agreeing to membership and to the\ndeductions for annuity purposes prescribed in this article, provided he\nor she shall pay to the proper fund in installments as he or she shall\nelect, except that such payments shall be made within a period no\ngreater than the number of months of his or her service elapsed between\nJanuary first, nineteen hundred twenty-one and his or her date of\nmembership, an amount equal to the amount that would have been in the\nfund had he or she been a member during such elapsed service. Such\npersons shall receive member service credit for the time for which such\npayments are made.\n  (b) (1) Any employee of a county extension service association and any\nemployee of Cornell university appointed for the first time on or after\nAugust first, nineteen hundred seventy-seven who holds a federal\ncooperative appointment with the United States department of agriculture\nas designated by the director of the New York state cooperative\nextension service and who is eligible for participation in the federal\nretirement system shall be excluded from membership in the state\nemployees' retirement system;\n  (2) any person who on or before July thirty-first, nineteen hundred\nseventy-seven holds a state cooperative appointment as designated by the\ndirector of the New York state cooperative extension service, may elect\nto receive federal cooperative appointment in the manner provided for by\nthe relevant federal laws, rules and regulations and to participate in\nthe federal retirement system and discontinue participation in the state\nretirement system by filing a written notice of termination, on or\nbefore December thirty-first, nineteen hundred seventy-eight with the\ncomptroller. Any employee who is a member of the New York state\nemployees' retirement system at the time he or she elects coverage in\nthe federal retirement program shall be deemed to be a person who\ndiscontinues service on the effective date of such election, for the\npurpose of determining his or her eligibility for rights and benefits in\nsuch state system; provided however, that if he or she does not withdraw\naccumulated contributions, (i) continued service with the county\nextension service association or Cornell university while under the\nfederal retirement program shall be deemed to be member service in the\nstate employees' retirement system for the purpose of determining\neligibility for any vested retirement allowance, retirement allowance or\nordinary death benefit under such system dependent upon a specified\nperiod of total service or upon attainment of a specified age while in\nservice or upon death while in service; and (ii) the amount of any such\nbenefit to which the person or his or her estate or person designated by\nhim or her may become entitled under either such system shall be\ncomputed only on the basis of service otherwise creditable to him or her\ntherein and his or her compensation during such service. Electing\nemployees and their beneficiaries shall not be entitled to any right or\nbenefit under the New York state employees' retirement system other than\na vested retirement allowance, retirement allowance or ordinary death\nbenefit to the extent provided for in this chapter.\n  3. Every police officer and firefighter, appointed to and employed by\na city, county, town, village or police or fire district, in a position\nin the classified civil service, other than in a position in the exempt\nclass, and who is not eligible to become a member of a local pension\nsystem. Notwithstanding any other provision of this article, so far as\nsuch police officers and firefighters are concerned, their employers\nshall be treated in all respects as if they were participating\nemployers. Such employers shall pay into the pension accumulation fund\nthe amount required to pay the accrued liability on account of such\npolice officers and firefighters, as computed by the actuary. Such\npayment shall be made in such installments as the comptroller shall\nrequire.\n  c. The following may become members of the retirement system:\n  1. An officer or employee who is in the service of a participating\nemployer on the date it becomes a participating employer, unless his\noffice or position has been excluded from eligibility for membership in\nthe retirement system pursuant to sections thirty or thirty-one of this\narticle.\n  2. An officer or employee in the service of the state or of a\nparticipating employer who would be excluded from membership by the\nprovisions of subdivision e of this section except for the fact that he,\nnevertheless, may become a member pursuant to a specific provision of\nlaw.\n  3. Any other person in the service of the state or a participating\nemployer, except as provided in subdivision b or subdivision e of this\nsection.\n  4. Officers or employees of the federal government who have at least\nfive years of member service credit at the time they become federal\nofficers or employees may continue as contributing members.\n  The provisions of this paragraph four as hereby amended shall not\naffect the membership of officers or employees of the federal government\nheretofore commenced or continued hereunder, provided, however, that all\nmemberships hereunder shall be conditioned upon the receipt by the\nretirement system of the payments required by section forty-two of this\narticle.\n  5. A person who:\n  (a) Is a teacher within the meaning of subdivision four of section\nfive hundred one of the education law,\n  (b) Is not a member of the New York state teachers' retirement system\nand has not elected the optional retirement program established either\nby article eight-b or by article three, part V of the education law,\n  (c) On or after April first, nineteen hundred fifty, enters upon his\nemployment as such a teacher in a state-operated institution or\ncommunity college under the jurisdiction of the board of trustees of the\nstate university, and\n  (d) Elects to become a member of this retirement system upon his entry\ninto such employment and at no other time.\n  6. An officer or employee who is in the service of an institution for\nthe instruction of the deaf, mute or the blind, which receives state\npupils whose instruction and support are paid for by the state or a\nparticipating employer.\n  7. All war veterans in state service on March twenty-first, nineteen\nhundred thirty, entitled to benefit under the provisions of former\nsection twenty-one-a of the civil service law or former subdivision\neight of section three of the public buildings law or section two\nhundred fourteen or two hundred fifteen of the military law shall have\nthe right to elect to become members of the New York state employees'\nretirement system, and to be covered by all the provisions of law\nrelative thereto. Upon exercising such right, such war veteran shall be\ndeemed to have waived his rights to any benefits under such sections.\n  8. Any person who is regularly employed under the control of the\ndivision of military and naval affairs whose duties in such employment\nrequire substantially all normal working hours and whose regular\ncompensation is paid by the United States from funds allocated to the\nNew York army national guard, or the New York air national guard. For\npurposes of eligibility for membership in the retirement system, such\nemployees shall be deemed to be employees of the state. The provisions\nof this paragraph eight shall be effective only if and during the time\nthat the United States shall undertake to and does provide the\nemployers' contributions which the state is required to pay to the\nretirement system on account of the memberships of such employees.\n  9. Notwithstanding any inconsistent provision of subdivision e of this\nsection, or of this chapter or of any other law, an officer or employee\nin the service of the state or of a participating employer who, at the\ntime of entering such service, was or is entitled to benefits by any\nother pension or retirement system maintained by the state or a\npolitical subdivision thereof, provided such benefits, exclusive of any\nannuity based solely on his own contributions and interest thereon, are\nsuspended during his active membership in the retirement system. He\nshall contribute to the retirement system as a new member.\n  d. A member, discontinued from the government service because the\noffice in which he was employed was transferred to:\n  1. The federal government, or\n  2. Any public authority or public corporation organized pursuant to\nthe laws of this state and which is not a participating employer,\nmay file a written election with the comptroller stating that he elects\nto continue as a member. Such election shall be subject to the approval\nof the comptroller and such continuance shall be conditioned upon the\nreceipt by the retirement system of the payments required by section\nforty-two of this article.\n  e. Any person who is or may be entitled to benefits by any other law\nproviding for pensions and annuities for civil service employees, wholly\nor partly at the expense of the state or of a political subdivision\nthereof, shall not be a member. This provision, however, shall not:\n  1. Affect the membership of any person who legally is a member of the\nretirement system on July first, nineteen hundred forty-eight.\n  2. Exclude from membership any person who is or may become a member\npursuant to paragraph two of subdivision c of this section.\n  3. Exclude from membership any person paid a salary from two or more\nsources, each of which entitles him to membership in a retirement\nsystem.\n  4. Exclude from membership any person holding office pursuant to\nappointment by the governor by and with the advice and consent of the\nsenate, who at the time of such appointment would otherwise be entitled\nto a retirement allowance wholly or partly at the expense of the state\nor of a political subdivision thereof.\n  5. Exclude from membership any person who is or may become eligible\nfor old-age and survivors insurance benefits pursuant to the provisions\nof this article except where his position was or is excluded from\neligibility for membership in this retirement system in order to extend\nold-age and survivors insurance coverage to it and such eligibility\nshall not have been restored.\n  f. Termination of membership. Membership in the retirement system\nshall cease upon the occurrence of any one of the following conditions:\n  1. When seven years have elapsed since a member has performed\ngovernment service provided, however, that no part of such seven year\nperiod shall run during such time as a member, with at least five years\nof member service credit, shall serve as an officer or employee of the\nfederal government or the United Nations or other international\norganizations of which the United States of America is a member.\n  2. When a member shall die.\n  3. When a member shall retire.\n  4. When a member shall have withdrawn all or part of his accumulated\ncontributions. Acceptance by a member of a refund of excess\ncontributions pursuant to subdivision g of section twenty-one,\nsubdivision c of section seventy-two, subdivision c or d of section\nseventy-one, subdivision c or d of section seventy-one-a or subdivision\nc of section eighty-four, subdivision i of section eighty-five or\nsubdivision h of section eighty-six of this article or borrowing from\nhis fund in the retirement system pursuant to section fifty of this\narticle shall not terminate his membership. Acceptance of such a refund\nof excess contributions by a member entitled to a vested retirement\nallowance pursuant to section seventy-six of this chapter shall not\nterminate his right to such vested retirement allowance nor shall\nacceptance by him of a refund of the amount of his contributions and\nregular interest thereon which is in excess of the amount of the\naccumulated contributions which he would then have to his credit had he\nbeen contributing on the basis of his rate of normal contribution\nterminate his right to such vested retirement allowance.\n  5. When a member who has not attained eligibility for a retirement\nallowance or a vested retirement allowance has discontinued service with\nthe state or a participating employer for a period of at least thirty\nconsecutive days and has requested termination of membership on a form\nprepared by the comptroller for such purpose by filing such form with\nthe comptroller. If such person subsequently rejoins the retirement\nsystem within five years from the date he discontinued service with the\nstate or a participating employer, such person shall be entitled to\nevery retirement right, benefit and privilege which would have been\navailable to him had he reentered employment on the date of such\ndiscontinuance from service.\n  g. As to any class of persons whose compensation is only partly paid\nby the state or a participating employer or who are serving on a\ntemporary or other than per annum basis, the comptroller, in his\ndiscretion, may:\n  1. Deny the right to become members, or\n  2. Make optional the individual entrance of those whose membership\notherwise would be mandatory.\n
N.Y. PBH Law § 3350 — New York Code / Act PBH / Article 33 / Title 5 / Section 3350
Dispensing prohibition
Status: in_force

§ 3350. Dispensing prohibition. Controlled substances may not be\nprescribed for, or administered or dispensed to persons with substance\nuse disorder or habitual users of controlled substances, except as\nprovided by this title or title III.\n
N.Y. PBA Law § 1500-I — New York Code / Act PBA / Article 7 / Title 5 / Section 1500-I
Bonds or notes of the authority
Status: in_force

§ 1500-i. Bonds or notes of the authority. 1. The authority shall have\nthe power and is hereby authorized from time to time to issue bonds,\nnotes, or other obligations in conformity with applicable provisions of\nthe uniform commercial code to: (a) pay the cost of acquisition of\nproperty in any covered project; (b) pay the cost of reconstructing,\nmaintaining, improving or repairing any covered project; (c) pay such\nexpenses as may be deemed by the board necessary or desirable to the\nfinancing thereof and placing such covered project in operation; (d)\nestablish reserves to secure the bonds; and (e) pay the principal of,\npremium, if any, and interest on the bonds and the payment of incidental\nexpenses in connection therewith. The aggregate principal amount of such\nbonds, notes or other obligations shall not exceed sixty-five million\ndollars, excluding bonds, notes or other obligations issued to refund or\nrepay bonds, notes or other obligations therefore issued for such\npurposes; provided, however, that upon any such refunding or repayment\nthe total aggregate principal amount of outstanding bonds, notes or\nother obligations may be greater than sixty-five million dollars, only\nif the present value of the aggregate debt service of the refunding or\nrepayment of bonds, notes or other obligations to be issued shall not\nexceed the present value of the aggregate debt service of the bonds,\nnotes or other obligations so to be refunded or repaid. For the purpose\nof this section, the present value of the aggregate debt service of the\nrefunding or repayment bonds, notes or other obligations and the\naggregate debt service of the bonds, notes or other obligations refunded\nor repaid shall be calculated by utilizing the effective interest rate\nof the refunding or repayment of bonds, notes or other obligations,\nwhich shall be that rate arrived at by doubling the semi-annual interest\nrate (compounded semi-annually) necessary to discount the debt service\npayments on the refunding or repayment of bonds, notes or other\nobligations from payment of dates thereof to the date of issue of the\nrefunding or repayment of bonds, notes or other obligations and to the\nprice bid including estimated accrued interest from the sale thereof.\nThe authority shall have the power and is hereby authorized to enter\ninto such agreements and perform such acts as may be required under any\napplicable federal law, rule or regulation to secure a federal guarantee\nto any bonds. With respect to any proposed borrowing by the authority,\nthe authority shall notify the Buffalo fiscal stability authority of\neach proposed issue of bonds or notes to be issued to give the Buffalo\nfiscal stability authority an opportunity to review the terms of and\ncomment on the prudence of each proposed issue of bonds or notes to be\nissued by the parking authority for a period of no less than ten days\nprior to issuing such bonds or notes.\n  2. The authority shall have the power from time to time to renew bonds\nor to issue renewal bonds for such purpose, to issue bonds to pay bonds,\nand, whenever it deems refunding expedient, to refund any bond by the\nissuance of new bonds, whether the bonds to be refunded have or have not\nmatured, and may issue bonds, partly to refund bonds then outstanding\nand partly for any other purpose of the authority. Bonds issued for\nrefunding purposes shall be sold and the proceeds applied to the\npurchase, redemption or payment of the bonds or notes to be refunded.\n  3. Bonds issued by the authority may be general obligations secured by\nthe faith and credit of the authority or may be special obligations\npayable solely out of particular revenues or other monies as may be\ndesignated in the proceedings of the authority under which the bonds\nshall be authorized to be issued, subject as to priority only to any\nagreements with the holders of outstanding bonds pledging any particular\nproperty, revenues or monies. The authority may also enter into loan\nagreements, lines of credit and other security agreements and obtain for\nor on its behalf letters of credit, insurance, guarantees or other\ncredit enhancements to the extent now or hereafter available, in each\ncase for securing its bonds or to provide direct payment of any costs\nwhich the authority is authorized to pay.\n  4. (a) Bonds shall be authorized by resolution of the authority be in\nsuch denominations and bear such date or dates and mature at such time\nor times, as such resolution may provide, provided that bonds and\nrenewals thereof shall mature within thirty years from the date of\noriginal issuance of any such bonds.\n  (b) Bonds shall be subject to such terms of redemption, bear interest\nat such rate or rates, be payable at such times, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in such medium of payment at such place or\nplaces, and be subject to such terms and conditions as such resolution\nmay provide. Notwithstanding any other provision of law, the bonds of\nthe authority issued pursuant to this section shall be sold to the\nbidder offering the lowest true interest cost, taking into consideration\nany premium or discount not less than four nor more than fifteen days,\nSunday excepted, after a notice of such sale has been published at least\nonce in a newspaper of general circulation in the area served by the\nauthority, which shall state the terms of the sale. The terms of the\nsale may not change unless notice of such change is published in such\nnewspaper at least one day prior to the date of the sale as set forth in\nthe original notice of sale. Advertisements shall contain a provision to\nthe effect that the authority, in its discretion, may reject any or all\nbids made pursuant to such advertisements, and in the event of such\nrejection, the authority is authorized to negotiate a private or public\nsale or readvertise for bids in the form and manner described above in\nthis paragraph as many times as, in its judgment, may be necessary to\neffect satisfactory sale.\n  (c) Notwithstanding the provisions of paragraph (b) of this\nsubdivision, whenever in the judgment of the authority the interests of\nthe authority will be served thereby, the board, on the written\nrecommendation of the chairperson may authorize the sale of such bonds\nat private or public sale on a negotiated basis or on either a\ncompetitive or negotiated basis. The authority shall set guidelines\ngoverning the terms and conditions of any such private or public sales.\nThe private or public bond sale guidelines set by the authority shall\ninclude, but not be limited to, a requirement that where the interests\nof the authority will be served by a private or public sale of bonds,\nthe authority shall select underwriters taking into account, among other\nthings, qualifications of underwriters as to experience, their ability\nto structure and sell authority bond issues, anticipated costs to the\nauthority, the prior experience of the authority with the firm, if any,\nthe capitalization of such firms, participation of qualified minority\nand women-owned business enterprise firms in such private or public\nsales of bonds of the authority and the experience and ability of firms\nunder consideration to work with minority and women-owned business\nenterprises so as to promote and assist participation by such\nenterprises.\n  (d) The authority shall have the power from time to time to amend such\nprivate bond sale guidelines in accordance with the provisions of this\nsubdivision.\n  (e) No private or public bond sale on a negotiated basis shall be\nconducted by the authority without prior approval of the state\ncomptroller. The authority shall annually prepare and approve a bond\nsale report which shall include the private or public bond sale\nguidelines as specified in this subdivision, amendments to such\nguidelines since the last private or public bond sale report, an\nexplanation of the bond sale guidelines and amendments, and the results\nof any sale of bonds conducted during the fiscal year. Such bond sale\nreport may be a part of any other annual report that the authority is\nrequired to make.\n  (f) The authority shall annually submit its bond sale report to the\nBuffalo fiscal stability authority and the state comptroller and copies\nthereof to the senate finance committee and the assembly ways and means\ncommittee.\n  (g) The authority shall make available to the public copies of its\nbond sale report upon reasonable request thereof.\n  (h) Nothing contained in this subdivision shall be deemed to alter,\naffect the validity of, modify the terms of, or impair any contract or\nagreement made or entered into in violation of, or without compliance\nwith, the provisions of this subdivision.\n  5. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the authority may contain provisions which may be a part of the\ncontract with the holders of the bonds thereby authorized as to:\n  (a) pledging all or part of the revenues, together with any other\nmonies or property of the authority to secure the payment of the bonds,\nor any costs of issuance thereof, including but not limited to, any\ncontracts, earnings or proceeds of any grant to the authority received\nfrom any private or public source subject to such agreements with\nbondholders as may then exist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) the rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) limitations on the right of the authority to restrict and regulate\nthe use of the covered project or part thereof in connection with which\nbonds are issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto, and the manner in which such\nconsent may be given;\n  (h) the creation of special funds into which any revenues or monies\nmay be deposited;\n  (i) the terms and provisions of any trust, mortgage, deed or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to this title or limiting the rights, duties and\npowers of such trustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right appointment\nof a receiver, provided, however, that such rights and remedies shall\nnot be inconsistent with the laws of the state and other provisions of\nthis title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of any covered project or any part thereof or other property;\n  (m) limitations on the amount of revenues and other monies to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) the payment of the proceeds of bonds, revenues and other monies to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of the bondholders.\n  6. In addition to the powers conferred by this section upon the\nauthority to secure its bonds, the authority shall have the power in\nconnection with the issuance of bonds to adopt resolutions and enter\ninto such trust indentures, agreements or other instruments as the\nauthority may deem necessary, convenient or desirable concerning the use\nor disposition of its revenues or other monies or property, including\nthe mortgaging of any property and the entrusting, pledging or creation\nof any other security interest in any such revenues, monies or property\nand the doing of any act, including refraining from doing any act which\nthe authority would have the right to do in the absence of such\nresolutions, trust indentures, agreements or other instruments. The\nauthority shall have power to enter into amendments of any such\nresolutions, trust indentures, agreements or other instruments within\nthe powers granted to the authority by this title and to perform such\nresolutions, trust indentures, agreements or other instruments. The\nprovisions of any such resolutions, trust indentures, agreements or\nother instruments may be made a part of the contract with the holders of\nbonds of the authority.\n  7. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmonies, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  8. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  9. Neither the members nor the officers of the authority nor any\nperson executing its bonds shall be liable personally on its bonds or be\nsubject to any personal liability or accountability by reason of the\nissuance thereof.\n  10. Subject to such agreements with bondholders as may then exist, the\nauthority shall have the power to purchase the bonds of the authority,\nin lieu of redemption, out of any funds available therefor, at a price\nnot exceeding, if the bonds are then redeemable, the redemption price\nthen applicable plus accrued interest to the next interest payment date,\nor, if the bonds are not then redeemable, the redemption price\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption plus accrued interest to the next interest\npayment date. Bonds so purchased shall there upon be canceled.\n  11. The authority shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with the applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed two years from the date of issue of\nsuch original note.\n
N.Y. ENV Law § 37-0505 — New York Code / Act ENV / Article 37 / Title 5 / Section 37-0505
Child care products
Status: in_force

§ 37-0505. Child care products.\n  1. Beginning December first, two thousand ten, no person, firm,\npartnership, association, limited liability company or corporation shall\nsell or offer for sale any child care product intended for use by a\nchild three years of age or younger containing bisphenol A.\n  2. The provisions of this section shall not apply to the sale or\ndistribution of child care products resold or offered for resale, or\ndistributed by consumers for consumer use.\n
N.Y. SOS Law § 93 — New York Code / Act SOS / Article 3 / Title 5 / Section 93
Provisions for financing home relief
Status: in_force

§ 93.  Provisions for financing home relief.  1.  Definitions.  When\nused in this section:\n  (a)  Home relief means home relief as defined in section one hundred\nfifty-seven and also includes all administrative expenses of home\nrelief.\n  (b)  Local share of home relief means the total cost or estimated cost\nof home relief after deducting the amount or the estimated amount of\nstate aid received or to be received therefor under the then existing\nlaw and rules.\n  (d)  City means any city responsible for the administration of home\nrelief.\n  2.  Estimates and appropriations.  Each county, city and town shall\nmake an annual estimate and appropriation of the total amount required\nfor the fiscal year for home relief in accordance with this article.\nSuch estimates shall show not only the total amount so required, but the\nestimated state aid to be received, and the estimated local share of\nhome relief.\n  3.  Additional appropriations to supply deficiencies in the annual\nappropriations.  Should the sum or the aggregate of the sums\nappropriated or amounts available and authorized to be expended in any\ncounty, city or town be less than the amount required in any year for\nhome relief, supplemental appropriations may be made from time to time,\nand in that case not less than the same percentage of the local share of\nhome relief included in such supplemental appropriations may be raised\nby taxes levied for the next fiscal year as would have been raised by\ntaxes for the current fiscal year if the amount of supplemental\nappropriation had been contained in the annual appropriation for the\ncurrent fiscal year.\n  6.  County taxes.  County taxes for the payment of obligations and\ninterest thereon, issued for home relief shall be a charge upon the\nentire county but shall be levied in the first instance against all the\ntaxable property in the territory in which the county public welfare\ndistrict is responsible for the administration of such home relief.\n  8.  Notwithstanding any inconsistent provision of this section, until\nthe commencement of the fiscal year in any county, city or town next\nfollowing December first, nineteen hundred forty-six, the local share of\nthe cost of home relief in any year, in lieu of being raised by tax, may\nbe paid from any other funds available, provided, however, no monies\nshall be borrowed to pay the cost of home relief.\n
N.Y. PBH Law § 3351 — New York Code / Act PBH / Article 33 / Title 5 / Section 3351
Dispensing for medical use
Status: in_force

§ 3351. Dispensing for medical use. 1. Controlled substances may be\nprescribed for, or administered or dispensed to a person with substance\nuse disorder or habitual user:\n  (a) during emergency medical treatment unrelated to abuse of\ncontrolled substances;\n  (b) who is a bona fide patient suffering from an incurable and fatal\ndisease such as cancer or advanced tuberculosis;\n  (c) who is aged, infirm, or suffering from serious injury or illness\nand the withdrawal from controlled substances would endanger the life or\nimpede or inhibit the recovery of such person.\n  2. Controlled substances may be ordered for use by a person with\nsubstance use disorder or habitual user by a practitioner and\nadministered by a practitioner or registered nurse to relieve acute\nwithdrawal symptoms.\n  3. A practitioner may prescribe, administer, and dispense any schedule\nIII, IV, or V narcotic drug approved by the federal food and drug\nadministration specifically for use in maintenance or detoxification\ntreatment to a person with substance use disorder or habitual user.\n  4. Methadone, or such other controlled substance designated by the\ncommissioner as appropriate for such use, may be ordered for use of a\nperson with substance use disorder by a practitioner and dispensed or\nadministered by a practitioner or a such practitioner's designated agent\nas interim treatment for a person with substance use disorder while\narrangements are being made for referral to treatment for such addiction\nto controlled substances.\n  5. Methadone, or such other controlled substance designated by the\ncommissioner as appropriate for such use, may be administered to a\nperson with substance use disorder by a practitioner or by a such\npractitioner's designated agent acting under the direction and\nsupervision of a practitioner, as part of a regimen designed and\nintended to withdraw a patient from addiction to controlled substances.\n  6. Notwithstanding any other law and consistent with federal\nrequirements, methadone, or such other controlled substance designated\nby the commissioner as appropriate for such use, may be administered or\ndispensed directly to a person with substance use disorder by a\npractitioner or by a such practitioner's designated agent acting under\nthe direction and supervision of a practitioner, as part of a substance\nuse or chemical dependence program approved pursuant to article\nthirty-two of the mental hygiene law.\n
N.Y. EDN Law § 3607 — New York Code / Act EDN / Title 5 / Article 73 / Part 1 / Section 3607
Manner of payment of moneys apportioned
Status: in_force

§ 3607. Manner of payment of moneys apportioned.  Upon the audit of\nvouchers certified by the commissioner of education, the comptroller\nshall draw his warrant on the commissioner of taxation and finance for\npayment of any moneys apportioned for the support of common schools.\nSuch payment shall be made to the treasurer, if there be one, otherwise\nto the disbursing officer or collector of each school district, and to\nthe commissioner of finance of the city of New York for the city school\ndistrict of the city of New York, through the commissioner of education.\n
N.Y. SOS Law § 86 — New York Code / Act SOS / Article 3 / Title 5 / Section 86
Town public welfare funds
Status: in_force

§ 86.  Town public welfare funds.  1.  The taxes levied for public\nassistance and care in a town shall be paid to the town supervisor, who,\nwithout prior audit, shall disburse them on written order of the town\npublic welfare officer for the payment of bills and claims submitted in\naccordance with the provisions of law relating to such town.  All such\nbills and claims shall be filed annually with the town clerk.\n  2.  The town supervisor shall, without prior audit, issue individual\nchecks to persons as authorized by the town welfare officer on forms as\neither prescribed or approved by the state department of social welfare,\nor such supervisor shall pay over to the town welfare officer for use as\na revolving fund such amount as the town board authorizes.  When a\nrevolving fund has been established, the town welfare officer shall,\nfurnish to the town a bond in such penal sum and with such sureties as\nthe town board may approve, conditioned upon the faithful discharge of\nhis duties.  Whenever a revolving fund has been established the welfare\nofficer shall pay all welfare claims for which the town is legally\nresponsible excepting salaries and other compensations from such\nrevolving fund.  Upon receiving such revolving fund the town welfare\nofficer shall deposit such sum of money received in an official bank\naccount, in the bank or trust company designated for such purpose by the\ntown board, and he shall also enter in a suitable book or books kept by\nhim for that purpose a record of the receipts and payments of such\nrevolving fund.  From appropriations for town welfare purposes the town\nsupervisor shall, each month, on presentation by the town welfare\nofficer of bills and claims, submitted in accordance with the provisions\nof law relating to such town, and statements of other disbursements on\nforms as either prescribed or approved by the state department of social\nwelfare, reimburse such revolving fund for the amount of disbursements\ntherefrom during the preceding month.\n
N.Y. ENV Law § 49-0501 — New York Code / Act ENV / Article 49 / Title 5 / Section 49-0501
Designation of geoparks and other sites
Status: in_force

§ 49-0501. Designation of geoparks and other sites.\n  1. For the purposes of this title, a "geopark" is an area or territory\nof the state encompassing one or more sites of scientific importance,\nfor not only geological reasons but also by virtue of their\narchaeological, ecological and cultural value.\n  2. The commissioner shall study and may designate areas, territories\nand sites within the state which constitute geoparks and other sites\nwhich have geological significance. Such geoparks and sites may include,\nbut not be limited to:\n  a. Cayuga heights, along state route thirty-four in the county of\nTompkins;\n  b. Cascadilla creek, along University avenue in the city of Ithaca,\ncounty of Tompkins;\n  c. Ithaca Falls park Fall creek, along Lincoln street in the city of\nIthaca, county of Tompkins;\n  d. Taughannock Falls state park, in the county of Tompkins;\n  e. Niagara river gorge and Power Plant Haul road, in the county of\nNiagara;\n  f. Whirlpool state park, in the county of Niagara;\n  g. the mouth of Eighteen Mile creek at Lake Erie, in the county of\nErie;\n  h. Buffalo creek at Bullisi road, in the county of Erie;\n  i. Fall brook along state route sixty-three, in the town of Geneseo,\ncounty of Livingston;\n  j. LeRoy quarry, in the town of LeRoy, county of Genesee;\n  k. the Potsdam sandstone at Ausable chasm, in the county of Clinton;\n  l. Ausable falls, in the county of Clinton;\n  m. Whiteface mountain, in the county of Essex;\n  n. the Chattermarks on Bear mountain, in the county of Rockland;\n  o. the erratic and groves in Central park, in the county of New York;\n  p. the glacial channel in Central park, in the county of New York;\n  q. the burrows in sandstone in Watkins Glen, in the county of\nSchuyler;\n  r. the upper devonian shale, siltstone and sandstone in Watkins Glen\ngorge, in the county of Schuyler;\n  s. Watkins Glen state park, in the county of Schuyler;\n  t. Letchworth state park, in the county of Wyoming;\n  u. Penn Dixie fossil park and nature preserve, in the county of Erie;\n  v. Lafarge quarry, in the county of Ulster;\n  w. Seneca stone quarry, in the county of Seneca;\n  x. Taughannock park road in Taughannock Falls state park, in the\ncounty of Tompkins;\n  y. State route four and twenty-two, in the town of Whitehall, county\nof Washington;\n  z. Rondaxe road on Bald mountain, in the town of Webb, county of\nHerkimer;\n  aa. Cannan road, in the towns of East Martinsburg and Knox, county of\nLewis;\n  bb. Barnet garnet mine, in the county of Warren;\n  cc. John Boyd Thacher state park, in the county of Albany;\n  dd. the Petrified Sea Gardens, in the county of Saratoga;\n  ee. Lester park, in the county of Saratoga;\n  ff. Saratoga Springs state park, in the county of Saratoga;\n  gg. Skytop Lane quarry, in the county of Delaware;\n  hh. Sidney Mountain quarry, in the county of Delaware;\n  ii. Sidney Mountain Bluestone quarry, in the county of Delaware;\n  jj. Sidney Center outcrops, in the county of Delaware;\n  kk. Sheetz quarry, in the county of Delaware;\n  ll. Pine Hill road, in the county of Delaware;\n  mm. Chimney Bluffs state park, in the county of Wayne;\n  nn. Wiscory Falls, in the county of Allegany;\n  oo. White creek, in the county of Allegany;\n  pp. Sixtown creek, in the county of Allegany;\n  qq. Rushford Dam park, in the county of Allegany;\n  rr. Caneadea Gorge overlook, in the county of Allegany;\n  ss. Buttermilk Falls state park, in the county of Cayuga;\n  tt. Chittenango Falls state park, in the county of Madison;\n  uu. Cohoes Falls, in the county of Saratoga;\n  vv. Clarksville cave, in the county of Albany;\n  ww. Joralemon town park, in the county of Albany;\n  xx. Normanskill gorge, in the county of Albany;\n  yy. Barton garnet mine, in the county of Warren;\n  zz. Kimberlite dike, in the county of Onondaga;\n  aaa. Howes Cave quarry, in the county of Schoharie;\n  bbb. Howe Caverns, in the county of Schoharie;\n  ccc. Kaaterskill Falls, in the county of Greene;\n  ddd. Knox cave, in the county of Albany;\n  eee. Manorkill Falls, in the county of Schoharie;\n  fff. McFail's Cave nature preserve, in the county of Schoharie;\n  ggg. Montauk Point, in the county of Suffolk;\n  hhh. Montour Falls, in the county of Schuyler;\n  iii. Niagara Falls state park, in the county of Niagara;\n  jjj. Onesquethaw Cave, in the county of Albany;\n  kkk. Stark's Knob, in the county of Saratoga;\n  lll. Cairo Fossil Forest, in the county of Greene;\n  mmm. Gilboa Fossil Forest, in the county of Schoharie; and\n  nnn. Herkimer Diamond Mines, in the county of Herkimer.\n  3. For each area, territory and site designated pursuant to\nsubdivision two of this section, the commissioner, in cooperation with\nthe commissioners of transportation and economic development, may:\n  a. establish a management plan designed to foster socio-economic\ndevelopment that is sustainable;\n  b. establish methods for conserving and enhancing its geological\nheritage; and\n  c. establish best practices for conservation.\n
N.Y. SOS Law § 410-C — New York Code / Act SOS / Article 6 / Title 5 / Section 410-C
State reimbursement
Status: in_force

§ 410-c. State reimbursement. 1. (a) Expenditures made by counties,\ncities, and towns for day care and its administration, and day care\ncenter projects, pursuant to the provisions of this title, shall, if\napproved by the department, be subject to reimbursement by the state, in\naccordance with the regulations of the department, as follows: There\nshall be paid to each county, city or town (1) the amount of federal\nfunds, if any, properly received or to be received on account of such\nexpenditures; (2) fifty per centum of its expenditures for day care and\nits administration and day care center projects, after first deducting\ntherefrom any federal funds received or to be received on account\nthereof, and any expenditures defrayed by fees paid by parents or by\nother private contributions.\n  (b) For the purpose of this title, expenditures for administration of\nday care shall include expenditures for compensation of employees in\nconnection with the furnishing of day care, including but not limited to\ncosts incurred for pensions, federal old age and survivors insurance and\nhealth insurance for such employees; training programs for personnel,\noperation, maintenance and service costs; and such other expenditures\nsuch as equipment costs, depreciation and charges and rental values as\nmay be approved by the department. It shall not include expenditures for\ncapital costs. In the case of day care purchased from a non-profit\ncorporation constituting an eligible borrower pursuant to title five-a\nof this article, expenditures shall include an allocable proportion of\nall operating costs of such facility as may be approved by the\ndepartment including but not limited to the expenditures enumerated in\nthis paragraph (b) and expenditures for amortization, interest and other\nfinancing costs of any mortgage loan made to such non-profit\ncorporation.\n  2. (a) Claims for state reimbursement shall be made in such form and\nmanner and at such times and for such periods as the department shall\ndetermine.\n  (b) When certified by the department, state reimbursement shall be\npaid from the state treasury upon the audit and warrant of the\ncomptroller out of funds made available therefor.\n  3. The department is authorized in its discretion to approve and\ncertify to the comptroller for payment, advances to counties, cities or\ntowns in anticipation of the state reimbursement provided for in this\nsection.\n  4. Payment of state reimbursement and advances shall be made to local\nfiscal officers as in the case of state reimbursement for public\nassistance and care under other provisions of this chapter.\n  5. (a) As used in this subdivision "school age child day care\nprograms" shall mean programs which offer care to school age children\nunder the age of fourteen before or after the period when these children\nare in school. Such programs may include, but are not limited to,\nprograms provided in school buildings in accordance with paragraph (i)\nof subdivision one of section four hundred fourteen of the education\nlaw.\n  (b) The commissioner shall, within appropriations made available\ntherefor, select proposed school age child day care programs which shall\nbe eligible to receive an award of no more than twenty-five thousand\ndollars for start up or expansion costs, including planning, rental,\noperational and equipment costs, or minor renovations identified as\nbeing necessary in order for the program to comply with applicable state\nor local building, fire safety or licensing standards, based on plans\nsubmitted to him. The commissioner shall give preference to those areas\nof the state which are significantly underserved by existing school age\nchild day care programs and to those programs which involve parents in\nthe development and implementation of programs. The commissioner shall\npublicize this availability of funds to be used for purposes of this\nsubdivision in awarding grants. Plans may be submitted by private\nnot-for-profit corporations, organizations or governmental subdivisions.\n  (c) Notwithstanding any other provisions of law, social services\ndistricts shall be authorized to purchase services which are to be\nprovided pursuant to this subdivision from programs which have been\napproved by the commissioner to receive funds pursuant to this\nsubdivision.\n  6. Any other provision of law notwithstanding, and within amounts\nappropriated therefor, the department shall have authority to make\nstart-up grants to prospective programs that will provide child day\ncare, as such term is defined in section three hundred ninety of this\narticle, from any funds available for such purpose.\n
N.Y. PBA Law § 907 — New York Code / Act PBA / Article 4 / Title 5 / Section 907
Remedies of bondholders
Status: in_force

§ 907. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to this title:\n  1. In the event that the authority shall default in the payment of\nprincipal of or interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nin which the principal office of the authority is located and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such bonds for the purpose provided\nin this section.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding\nshall, in its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to collect rents, rates, fees and charges adequate\nto carry out any agreement as to, or pledge of, such rents, rates, fees\nand charges and to require the authority to carry out any other\nagreements with the holders of such bonds to perform its duties under\nthis title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of the twenty-five\nper centum of the principal amount of such bonds then outstanding, to\nannul such declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth in this section or incident to the\ngeneral representation of bondholders in the enforcement and protection\nof their rights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be in the county of Suffolk.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\n  6. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of any receiver of any part or parts of the\nproject, the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith the holders of such bonds, shall take possession of all monies and\nother property derived from such part or parts of the project and\nproceed with any construction thereon or the acquisition of any\nproperty, real or personal, in connection therewith that the authority\nis under obligation to do, and to operate, maintain and reconstruct such\npart or parts of the project and collect and receive all revenues\nthereafter arising therefrom subject to any pledge or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the authority under the direction of\nthe court. In any suit, action or proceeding by the trustee, the fees,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom the properties.\n
N.Y. BNK Law § 5003 — New York Code / Act BNK / Article 15 / Title 5 / Section 5003
Subscription for shares; time of payment, forfeiture for default
Status: in_force

§ 5003. Subscription for shares; time of payment, forfeiture for\ndefault. 1. Unless otherwise provided by the terms of the subscription,\na subscription for shares of a corporation to be formed shall be\nirrevocable, except with the consent of all other subscribers or the\ncorporation, for a period of seven months from its date.\n  2. A subscription, whether made before or after the formation of a\ncorporation, shall not be enforceable unless in writing and signed by\nthe subscriber.\n  3. Unless otherwise provided by the terms of the subscription,\nsubscriptions for shares, whether made before or after the formation of\na corporation, shall be paid in full at such time, or in such\ninstalments and at such times, as shall be determined by the board.  Any\ncall made by the board for payment on subscriptions shall be uniform as\nto all shares of the same class or of the same series.  If the\nsuperintendent has taken possession of the business and property of the\ncorporation, all unpaid subscriptions shall be paid at such times and in\nsuch instalments as the superintendent may direct.\n  4. In the event of default in the payment of any instalment or call\nwhen due, the corporation may proceed to collect the amount due in the\nsame manner as any debt due the corporation or the board may declare a\nforfeiture of the subscriptions. The subscription agreement may\nprescribe other penalties, not amounting to forfeiture, for failure to\npay instalments or calls that may become due. No forfeiture of the\nsubscription shall be declared as against any subscriber unless the\namount due thereon shall remain unpaid for a period of thirty days after\nwritten demand has been made therefor. If mailed, such written demand\nshall be deemed to be made when deposited in the United States mail in a\nsealed envelope addressed to the subscriber at his last post-office\naddress known to the corporation, with postage thereon prepaid. Upon\nforfeiture of the subscription, if at least fifty percent of the\nsubscription price has been paid, the shares subscribed for shall be\noffered for sale for cash at a price at least sufficient to pay the full\nbalance owed by the delinquent subscriber plus the expenses incidental\nto such sale, and any excess of net proceeds realized over the amount\nowed on such shares shall be paid to the delinquent subscriber or to his\nlegal representative. If no prospective purchaser offers a cash price\nsufficient to pay the full balance owed by the delinquent subscriber\nplus the expenses incidental to such sale, or if less than fifty percent\nof the subscription price has been paid, the shares subscribed for shall\nbe cancelled and restored to the status of authorized but unissued\nshares and all previous payments thereon shall be forfeited to the\ncorporation and transferred to surplus.\n
N.Y. VAT Law § 511-D — New York Code / Act VAT / Title 5 / Article 20 / Section 511-D
Aggravated failure to answer appearance tickets or pay fines imposed
Status: in_force

§ 511-d. Aggravated failure to answer appearance tickets or pay fines\nimposed.  1. A person is guilty of the offense of aggravated failure to\nanswer appearance tickets or pay fines imposed when such person has in\neffect twenty or more suspensions, imposed on at least twenty separate\ndates, for failure to answer, appear or pay a fine pursuant to\nsubdivision three of section two hundred twenty-six or subdivision\nfour-a of section five hundred ten of this chapter.\n  2. A person may be prosecuted for a violation of this section in any\ncourt of competent jurisdiction in any county:  (a) in which more than\nten tickets which resulted in suspension for failures to answer, appear\nor pay fines were issued, or (b) in which the twentieth or any\nsubsequent ticket which resulted in a suspension for failure to answer,\nappear or pay a fine was issued. The provisions of this subdivision\nshall not apply to any suspension which has been terminated prior to the\ndefendant's being charged with a violation of this section.\n  3. Aggravated failure to answer appearance tickets or pay fines\nimposed is a misdemeanor. When a person is convicted of this crime, the\nsentence of the court must be: (i) a fine of not less than five hundred\ndollars; or (ii) a term of imprisonment of not more than one hundred\neighty days; or (iii) both such fine and imprisonment.\n
N.Y. PBA Law § 3611 — New York Code / Act PBA / Article 10-C / Title 5 / Section 3611
Monies of the corporation
Status: in_force

§ 3611. Monies of the corporation. All monies of the corporation from\nwhatever source derived shall be paid to the treasurer of the\ncorporation and shall be deposited forthwith in a bank or banks\ndesignated by the corporation. The monies in such accounts shall be paid\nout or withdrawn on the order of such person or persons as the\ncorporation may authorize to make such requisitions. All deposits of\nsuch monies shall be secured by obligations of the United States or of\nthe state or of any municipality of a market value equal at all times to\nthe amount on deposit and all banks and trust companies are authorized\nto give such security for such deposits. Alternatively, monies of the\ncorporation may be deposited in money market funds rated in the highest\nshort term or long term rating category by at least one nationally\nrecognized rating agency. To the extent practicable, consistent with the\ncash requirements of the corporation, all such monies shall be deposited\nin interest bearing accounts. The corporation shall have power,\nnotwithstanding the provisions of this section, to contract with the\nholders of any bonds as to the custody, collection, security, investment\nand payment of any monies of the corporation or any monies held in trust\nor otherwise for the payment of bonds or any way to secure bonds, and\ncarry out any such contract notwithstanding that such contract may be\ninconsistent with the provisions of this section. Monies held in trust\nor otherwise for the payment of bonds or in any way to secure bonds and\ndeposits of such monies may be secured in the same manner as monies of\nthe corporation and all banks and trust companies are authorized to give\nsuch security for such deposits. Any monies of the corporation not\nrequired for immediate use or disbursement may, at the discretion of the\ncorporation, be invested in accordance with guidelines established by\nthe corporation's board and amended from time to time. Subject to the\nprovisions of any contract with bondholders and with the approval of the\nstate comptroller, the corporation shall prescribe a system of accounts.\n
N.Y. VAT Law § 509-U — New York Code / Act VAT / Title 5 / Article 19-B / Section 509-U
Commercial driver qualification files
Status: in_force

§ 509-u. Commercial driver qualification files. Each commercial motor\ncarrier shall maintain a commercial driver qualification file for each\ncommercial driver it employs in accordance with rules and regulations of\nthe commissioner of transportation; provided, however, that such a file\nneed not include a medical examiner certificate of a commercial driver's\nphysical qualification to drive a commercial motor vehicle.\n
N.Y. SOS Law § 410-BB — New York Code / Act SOS / Article 6 / Title 5 / Section 410-BB
Grants to not-for-profit facilities providing day care for children for employee salary and benefit enhancements
Status: in_force

§ 410-bb. Grants to not-for-profit facilities providing day care for\nchildren for employee salary and benefit enhancements. 1. The\nlegislature finds and declares that a crisis exists in the availability\nand quality of child day care in New York state and that this crisis\nposes a danger both to the welfare and safety of the children and to the\nproductivity of this state's workforce; that inadequate salaries and in\nmany cases nonexistent benefit packages have substantially contributed\nto the existing crisis by precluding day care centers from recruiting\nand retaining necessary teaching and supervisory staff; that an\nextremely high turnover rate has interfered in many instances with the\nability of day care centers to comply with regulatory requirements and\nto properly serve the children in their care; and that because of these\nextraordinary circumstances New York state must intervene and provide\nassistance for recruitment and retention of child care workers. The\nlegislature recognizes that a long-term solution to this crisis will\nrequire cooperative efforts among the business community, local and\nstate governments and families.\n  2. Within amounts appropriated specifically therefor, and after\ndeducting funds as specified in subdivision three of this section the\ncommissioner shall allocate funds to local social services districts for\ngrants to eligible not-for-profit day care centers for retention and\nrecruitment of teaching and supervisory staff, as follows:\n  (a) a city social services district with a population in excess of one\nmillion shall be allocated a portion of such funds based on an equal\nweighting of:\n  (i) its proportion of the state population of children aged five and\nunder, and\n  (ii) its proportion of total claims for reimbursement received by the\ndepartment by May thirty-first, nineteen hundred eighty-eight for the\nlow income, transitional and teen parent day care programs authorized by\nchapter fifty-three of the laws of nineteen hundred eighty-seven.\n  (b) all other eligible local social services districts shall be\nallocated the remaining portion of funds based on each district's\nproportionate share of licensed not-for-profit day care capacity\nrelative to the total capacity of all such other eligible districts.\n  3. Five percent of the funds appropriated for such recruitment and\nretention purposes shall be reserved for administration of the program\nand allocated as follows:\n  (a) each local social services district shall be allocated an amount\nequivalent to five percent of the funds it receives under paragraphs (a)\nand (b) of subdivision two of this section, provided that no district\nshall receive an amount less than twenty-five hundred dollars nor\ngreater than one hundred fifty thousand dollars, and\n  (b) remaining funds shall be allocated to the department. In the event\nthat a not-for-profit child care resource and referral agency or the\ndepartment distributes funds in an eligible district, as provided\nherein, such agency or department may retain the amount that otherwise\nwould be available to the eligible district.\n  4. Not later than thirty days following the effective date of this\nsection, the commissioner shall notify local social services districts\nof the amounts allocated to each district and provide forms for the\ncollecting of information pursuant to this section.\n  5. For the purposes of this section, an eligible district shall mean a\nlocal social services district that is providing, as of the effective\ndate of this section, or which shall agree to provide in such written\nform and by such date as shall be acceptable to the department,\nsubsidized day care services under the special day care services program\nauthorized by chapter fifty-three of the laws of nineteen hundred\neighty-eight.\n  6. Eligible districts may apply on or before the ninetieth day\nfollowing the effective date of this section to receive such allocated\nfunds by submitting to the department a plan on forms provided by the\ndepartment. Such plan shall be developed by the local social services\ncommissioner in consultation with directors of participating eligible\nday care centers, as such term is defined herein. Such plan shall\ninclude: methods to increase the amount of day care provided for\nfamilies having an income at or below two hundred percent of the federal\nproverty level in such district; proposed steps to be taken to sustain\ngains in recruitment and retention of staff achieved by  funds provided\nherein; information specified in paragraph (c) of subdivision seven of\nthis section; and a proposed allocation of funds to eligible day care\ncenters based on the following factors:\n  (a) forty percent of the funds allocated to such district shall be\ndistributed to each eligible center based on such center's share of the\ntotal full time equivalent teaching and supervisory staff of such\ncenters in the district as a whole;\n  (b) forty percent of the funds allocated to such district  shall be\ndistributed to each eligible center based on such center's share of the\nnumber of children from families having an income at or below two\nhundred percent of the federal poverty level receiving day care services\nin all such centers in the district, regardless of whether such children\nare receiving subsidized care; and\n  (c) notwithstanding any other provision of this subdivision, twenty\npercent of the funds allocated to such district  shall be distributed to\nsome or all eligible centers in a manner to further improve recruitment\nand retention of qualified staff. Distributions under this paragraph\nshall be based on factors including, but not be limited to seniority;\neducational qualifications; worker income; benefit levels, vacancy and\nturnover rates; or enhancement of distributions pursuant to paragraph\n(a) or (b) of this subdivision.\n  The commissioner shall make copies of proposals available to the\npublic upon request.\n  7. For the purposes of this section, an eligible day care center means\na not-for-profit center which provides services for children in single\nor double sessions for six or more hours per day for five or more days\nper week and holds a permit or certificate issued pursuant to (i) the\nprovisions of section three hundred ninety of this article, or (ii) the\nNew York city health code as authorized by section five hundred\nfifty-eight of the New York city charter; provided, however, that:\n  (a) a center whose permit has been denied, suspended or revoked, or\nwhich is found in any twelve month period preceding or following the\ndate of the allocation of funds made pursuant to subdivision two of this\nsection to be in violation of section three hundred ninety of this\narticle after a hearing conducted as provided therein or after decision\nby any court of competent jurisdiction, shall not be eligible to receive\nfunds pursuant to this section;\n  (b) the existence of a current contract for purchase of day care\nservices between an eligible district and a center may not be required\nas a precondition to receive such funds, but such center shall agree to\naccept children subsidized by the district in the next available space\nafter receipt of a request from the district to place a child in such\ncenter;\n  (c) each such center must provide to the local social services\ndistrict the following information on forms provided by the department:\n  (i) child care capacity, by ages of children;\n  (ii) the number of children in such center, by ages, whose families\nhave incomes at or below two hundred percent of the federal poverty\nlevel, regardless of whether such children are receiving subsidized\ncare;\n  (iii) the number of children specified in subparagraph (ii) of this\nparagraph receiving subsidies and the type of subsidy;\n  (iv) a schedule of fees charged for services;\n  (v) the total annual revenue from all sources, including fees,\ndonations, grants, revenue from local governments and revenue from state\nagencies;\n  (vi) the total annual expenditures for rent or mortgage payments;\nequipment, property, liability and other insurance; utilities; food;\nsupplies and materials; and\n  (vii) total annual expenditures for salaries and benefits, including\nthe number, title, qualifications and salary levels of existing staff\nand types and amounts of benefits; and\n  (d) each eligible day care center must agree, to the maximum extent\nfeasible, to enhance its future revenues to sustain the level of staff\nsalary and benefits as provided herein.\n  8. Should an eligible district not apply for such funds, the\ncommissioner may contract with a not-for-profit child care resource and\nreferral agency as such term is defined in title five-B of this article\nwhich is serving such district to distribute such funds allocated to the\ndistrict in the same manner as is required of an eligible district in\naccordance with the other provisions of this section.  If two or more\nnot-for-profit child care resource and referral agencies are serving\nsuch district, preference shall be given to the agency or agencies with\nexisting contracts with the commissioner. If such agency does not exist\nor declines to participate, the department shall disburse funds in the\nmanner as is required of an eligible district pursuant to this section.\n  9.  A plan developed and submitted to the department pursuant to the\nprovisions of this section shall be considered approved unless, within\nthirty days of the receipt of such plan, the department notifies the\neligible district or agency that the plan is not approved and specifies\nin writing the basis for such disapproval.  The commissioner shall make\nallocated funds and administrative funds available as advances to\neligible districts whose plans have been approved pursuant to this\nsection.\n  10.  Eligible districts shall make allocated funds available as\nadvances to eligible day care centers in accordance with the plan\napproved by the department. Such districts shall notify the department\nwhen all such funds have been disbursed but all such funds must be\ndisbursed not later than October first, nineteen hundred eighty-nine.\n  11.  Any funds allocated to eligible districts or day care centers\nwhich cannot be used in the manner as provided herein shall be\nreallocated among other eligible districts as provided in paragraph (b)\nof subdivision two of this section.\n  12.  Funds received by eligible day care centers shall be used solely\nfor employee benefits and salary enhancements for teaching and\nsupervisory staff, and shall not be used to supplant or substitute for\nany other funding available for day care services, or to provide\nservices which eligible day care centers are required to provide\npursuant to contracts with the state, local social services districts,\nauthorized agencies, individuals or other organizations.\n  13.  Nothing contained herein shall prevent an eligible district, or\nany other person or entity, at its discretion, from contributing funds,\nincluding administrative funds received pursuant to subdivision three of\nthis section, to the program established pursuant to this section.\n  14.  The department shall:  (a)  provide or cause to be provided, to\nthe maximum extent feasible, technical assistance to eligible day care\ncenters and districts concerning employee benefit options, long-term\nplanning, management of funds, responsibilities required pursuant to\nthis section, maximization of the use of available subsidy funds\nincluding Title XX and Title IV-A of the Federal Social Security Act\nand such other matters as may be helpful to sustain the level of staff\nsalary and benefits as provided herein;\n  (b) annually examine cost data concerning rates of payment for day\ncare and establish appropriate recommended fee schedules as guidelines\nfor use by local social services districts in developing comprehensive\nannual social services program plans;\n  (c)  promulgate regulations not later than July first, nineteen\nhundred eighty-nine, to establish a maximum rate of payment for day care\ncenters which shall reflect adjustments in the cost of care since the\nestablishment of the maximum rate in effect on January first, nineteen\nhundred eighty-six. Such maximum rate shall be calculated by applying\nthereto increases in the cost of living since January first, nineteen\nhundred eighty-six, updated by the department through December\nthirty-first, nineteen hundred eighty-nine, and also to the extent\npossible and based on the availability of such information, factors such\nas changes in the costs of insurance, rent, utilities and labor and\nbenefits and such other factors the department shall deem appropriate,\nwhich exceed such increases in the cost of living, as updated through\nDecember thirty-first, nineteen hundred eighty-nine; provided, however,\nthat:\n  (i) actual payment for day care services rendered shall not exceed the\nactual cost of such care;\n  (ii) nothing contained herein shall prevent the department from\nestablishing a rate of payment for day care centers greater than that\nrequired pursuant to this subdivision;\n  (iii) approved rates of payment in excess of the rate established\npursuant to this paragraph in effect prior to July first, nineteen\nhundred eighty-nine shall be continued;\n  (iv) nothing contained herein shall prevent the department from\napproving exceptions to the rate of payment established herein to meet\nspecific identified needs of a local social services district;\n  (v) such regulations may include a higher maximum rate of payment for\ninfant care, or care of children with special needs.\n  d. Notwithstanding any other section of law to the contrary, by April\nfirst, nineteen hundred eighty-nine, the department shall develop\nguidelines and may, with the approval of the director of the division of\nthe budget grant to local districts for one year waivers to income\neligibility standards established pursuant to law for subsidized day\ncare under the special day care services program.  Such waivers shall be\ngranted to increase eligibility standards up to twenty-five percent of\nthe federal poverty level above the income eligibility standard\nestablished by law as a percentage of the federal poverty level. Waivers\nshall be granted only upon the submission of documentation establishing\nthat:\n  (i) the local social services district is serving substantially all\neligible families with incomes at or below the established income\neligibility standard. A district shall be deemed to be serving\nsubstantially all eligible families if it meets the following two\ncriteria: (a) the percentage of eligible children served in the district\nmeets or exceeds the percentage of eligible children served statewide\nunder the special day care services program and (b) the district has\nprovided day care services to any additional children whose families\nhave been identified in such district's outreach program as described in\nsubparagraph (ii) of this paragraph as eligible for and desiring\nsubsidized day care services;\n  (ii) the local district has established a district-wide outreach\nprogram which identifies eligible families who are not receiving\nsubsidized child day care under the special day care services program,\nand informs all such families of their availability, and assists such\nfamilies desiring subsidized services to obtain them;\n  (iii) a family receiving a subsidy under the district's waiver\nprovisions shall be required to contribute a greater amount towards the\ncost of care than a family eligible under the established income\neligibility standard;\n  (iv) the local district has included an estimate of the number of\nchildren who will be served under the waiver provisions;\n  (v) the local district has submitted claims to income eligible day\ncare expenses under Title XX of the federal Social Security Act;\n  (vi) the district has available to it a higher allocation in the\ncurrent fiscal year than the amount of reimbursement received by such\ndistrict in the previous fiscal year for subsidized care under the\nspecial day care services program.\n  (e)  submit a report to the governor and to the chairmen of the senate\nfinance committee and the assembly ways and means committee not later\nthan December thirty-first, nineteen hundred eighty-nine on the program\nestablished pursuant to this section, including the number, amount and\nrecipients of grants in each eligible district; the purposes and uses of\nsuch grants; an evaluation of any resulting improvements in recruitment\nand retention of qualified staff, current local eligibility standards,\nany use of the waiver process, state cost of increasing the eligibility\nstandards established by law up to twenty-five percent and fifty percent\nof the federal poverty level on a county by county basis for subsidized\nday care under the special day care services program and recommendations\nfor long-term solutions to the problems of recruitment and retention of\nteaching and supervisory staff.\n
N.Y. GOB Law § 5-524 — New York Code / Act GOB / Article 5 / Title 5 / Section 5-524
Taking security upon certain property for usurious loans
Status: in_force

§ 5-524. Taking security upon certain property for usurious loans. A\nperson who takes security, upon any household furniture, sewing\nmachines, plate or silverware in actual use, tools or implements of\ntrade, wearing apparel or jewelry, for a loan or forbearance of money,\nor for the use or sale of his personal credit, conditioned upon the\npayment of a greater rate than the rate prescribed by the superintendent\nof financial services pursuant to section fourteen-a of the banking law,\nor, if no rate has been so prescribed, six per centum per annum, or who\nas security for such loan, use or sale of personal credit as aforesaid,\nmakes a pretended purchase of such property from any person, upon the\nlike condition, and permits the pledgor to retain the possession thereof\nis guilty of a misdemeanor.\n
N.Y. EDN Law § 3651 — New York Code / Act EDN / Title 5 / Article 74 / Section 3651
Reserve fund
Status: in_force

§ 3651. Reserve fund. 1. A reserve fund may be established by the\nschool authorities of any school district, provided, however, that no\nsuch fund shall be established (a) until approved by a majority vote of\nthe qualified voters of the district voting on a proposition therefor\nsubmitted at a regular or special school district meeting, or in school\ndistricts which do not have such meetings, at an election called for\nsuch purpose, and (b) unless the notice of such meeting or election\nshall have stated that a proposition to establish a reserve fund would\nbe so submitted, the purpose of the fund, the ultimate amount thereof,\nits probable term and the source from which the funds would be obtained.\nSuch reserve fund may be established for financing, in whole or in part,\nthe cost of any object or purpose for which bonds may be issued by, or\nfor the objects or purposes of, the school district pursuant to the\nlocal finance law. The proposition shall specify the purpose for which\nthe fund is established, the ultimate amount, the probable term and the\nsource from which the funds are to be obtained. There shall be paid into\nany such fund an annual amount sufficient to meet the requirements of\nthe proposition. In addition, the voters may from time to time direct\nthe school authorities to pay into such fund moneys derived from any\nother source.\n  1-a. Notwithstanding the provisions of subdivision one of this\nsection, any school district may establish a reserve fund for the\npayment of judgments and claims in tax certiorari proceedings in\naccordance with article seven of the real property tax law, without\napproval by the qualified voters of the district, provided, however,\nthat the total of the monies held in such reserve fund shall not exceed\nthat amount which might reasonably be deemed necessary to meet\nanticipated judgments and claims arising out of such tax certiorari\nproceedings. Any monies deposited to such reserve fund which are not\nexpended for the payment of judgments or claims arising out of such tax\ncertiorari proceedings for the tax roll in the year such monies are\ndeposited to the said fund and/or which will not reasonably be required\nto pay any such judgment or claim shall be returned to the general fund\non or before the first day of the fourth fiscal year following the\ndeposit of such monies to said reserve fund. For purposes of this\nsubdivision, such monies shall be deemed reasonably required to pay any\nsuch judgment or claim if the proceeding or claim has not been finally\ndetermined or otherwise terminated or disposed of after the exhaustion\nof all appeals.\n  1-b. Notwithstanding the provisions of subdivision one of this\nsection, where the city or county is not required to pay to the\ntreasurer of a city school district unpaid taxes during the fiscal year\nfor which such real property taxes are levied, the board of education of\nsuch city school district may establish a reserve for uncollected taxes\nwithout approval of the qualified voters of the school district,\nprovided that the ratio of the amount of such reserve to the total\nprincipal amount of the district's tax levy for such fiscal year shall\nnot be less than the ratio of the principal amount of the school\ndistrict taxes as levied by the school district for the last completed\nfiscal year but not received by the district before the end of such\nfiscal year to the total principal amount of the tax levy for such last\ncompleted fiscal year. If the city or county is not required to pay to\nthe treasurer of a city school district unpaid taxes pursuant to section\nthirteen hundred thirty-two of the real property tax law, the board of\neducation of the city school district shall establish a reserve pursuant\nto this subdivision, provided that such reserve shall not be less than\nthe amount of taxes for the fiscal year for which such budget is being\nprepared which are estimated to be unpaid during such fiscal year under\nthe aforesaid provisions of the real property tax law.\n  2. The moneys in each such fund shall be deposited in one or more of\nthe banks or trust companies designated as depositories of the funds of\nsuch school district and shall be known as the "________reserve fund" of\nsuch district. The school authorities may direct the treasurer of such\nschool district to invest the moneys in each such fund in the manner\nprovided in section thirty-six hundred fifty-two of this article. Any\ninterest earned or capital gains realized on the money so deposited or\nso invested shall accrue to and become a part of each such fund. The\nseparate identity of each such fund shall be maintained whether its\nassets consist of cash or investments or both.\n  3. An expenditure shall be made from a reserve fund only by\nauthorization of the voters and for the specific purpose specified in\nthe proposition.\n  3-a. Notwithstanding the provisions of subdivision three of this\nsection, any school district which establishes a reserve fund in\naccordance with subdivision one-a of this section may make expenditures\nfrom such fund for the purposes specified in such subdivision without\nauthorization of the voters.\n  4. The voters may authorize the transfer of all or any part of any\nreserve fund to any other reserve fund established pursuant to this\nsection.\n  5. Whenever the voters shall determine that the original purpose for\nwhich a reserve fund has been established is no longer desirable, the\nschool authorities may liquidate the fund by first applying its proceeds\nto any outstanding bonded indebtedness and applying the balance, if any,\nto the annual tax levy, provided, however, that the amount so applied in\nany one year shall not be greater than the amount which will reduce the\ntax rate for school purposes below five mills on actual valuation;\nprovided, however, that the school authorities in any school district\nhaving no outstanding bonded indebtedness may, in any year in which no\nstate aid is payable thereto under the provisions of this chapter,\nliquidate such fund by applying the balance thereof to the annual tax\nlevy, regardless of the tax rate for school purposes, subject to the\napproval of a majority of the qualified electors of the district voting\non a proposition therefor submitted at a regular or special school\ndistrict meeting, or in school districts which do not have such\nmeetings, at an election called for such purpose.\n  6. The school authorities shall cause a separate account to be kept of\neach fund established. Such account shall show:\n  a. The date and amount of each sum paid into the fund.\n  b. The interest earned by such fund.\n  c. The capital gains or losses resulting from the sale of investments\nof the fund.\n  d. The interest or capital gains which have accrued to the fund.\n  e. The amount and date of each withdrawal from the fund.\n  f. The assets of the fund indicating the cash balance therein and a\nschedule of the amounts invested in federal or state obligations.\n  7. The school authorities shall render annually a detailed report of\nthe operation and conditions of each of such funds. Copy of such report\nshall be filed with the commissioner of education.\n  8. a. Notwithstanding the foregoing provisions of this section, if in\nany city any taxes raised on real estate for the purposes of the school\ndistrict must be included in computing the amount which the city may\nraise by tax on real estate for city purposes pursuant to the provisions\nof section ten of article eight of the constitution, the establishment\nof a reserve fund by the school authorities of the school district shall\nbe subject to the consent of the legislative body of the city.\n  b. Notwithstanding the foregoing provisions of this section, in any\nschool district which is wholly or partly in the Adirondack park and has\nwithin its boundaries state lands subject to taxation assessed at more\nthan thirty per centum of the aggregate taxable assessed valuation of\nthe real property within the bounds of such school district, the school\ndistrict shall not establish a reserve fund unless, on the\nrecommendation of the commissioner of education, the state comptroller,\non behalf of the state, shall consent thereto. Upon the expiration of\nfifteen days from the date of the filing in his office of the\napplication for such consent, together with the recommendation of the\ncommissioner of education, and upon reaching a determination, the state\ncomptroller shall make an order, in triplicate, granting or denying such\nconsent. One copy of such order shall be filed in the office of the\nstate department of audit and control at Albany, New York, another in\nthe state department of education at Albany, New York, and the third in\nthe office of the clerk of such school district.\n  9. Notwithstanding the foregoing provisions of this section, in a city\nschool district in a city having a population of one hundred twenty-five\nthousand inhabitants or more, such a reserve fund may be established,\nexpenditures may be made therefrom, moneys may be paid into such fund,\nall or any part of such fund may be transferred to any other reserve\nfund established under this section, and such reserve fund may be\nliquidated, all pursuant to the provisions of this section, except that\nany such action may be authorized or taken by the board of education of\nsuch city school district, without approval or authorization of the\nqualified voters of such district.\n
N.Y. RPT Law § 499-SSSS — New York Code / Act RPT / Article 4 / Title 5 / Section 499-SSSS
Inspection of accounts and property of public utilities
Status: in_force

* § 499-ssss. Inspection of accounts and property of public utilities.\n1. The commissioner shall, upon reasonable prior notice, have access at\nreasonable times to reasonable disclosure of accounts and records\nestablished and maintained by a local public utility mass real property\nowner relating to its local public utility mass real property.\n  2. The commissioner shall, at reasonable times in the normal business\noperations of the local public utility mass real property owner, and\nwith prior notice and appointment, and not otherwise limited by federal\nlaw or regulations, have access to inspect locations where the local\npublic utility mass real property is situated.\n  * NB Repealed January 1, 2031\n
N.Y. VAT Law § 509-Y — New York Code / Act VAT / Title 5 / Article 19-B / Section 509-Y
Rules and regulations
Status: in_force

§ 509-y. Rules and regulations. The commissioner of transportation, in\nconsultation with the commissioner, is hereby authorized to adopt rules\nand regulations to implement the provisions of this article which shall\nbe no less protective of public safety than the rules and regulations\npromulgated by the federal government with respect to the qualifications\nand disqualifications of drivers.\n
N.Y. PBA Law § 3609 — New York Code / Act PBA / Article 10-C / Title 5 / Section 3609
Remedies of bondholders
Status: in_force

§ 3609. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to this title:\n  1. In the event that the corporation shall default in the payment of\nprincipal of or interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe corporation shall fail or refuse to comply with the provisions of\nthis title or shall default in any agreement made with the holders of\nany issue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nin which the principal office of the corporation is located and proved\nor acknowledged in the same manner as a deed to be recorded, may appoint\na trustee to represent the holders of such bonds for the purpose herein\nprovided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding\nshall, in its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the corporation to collect rents, rates, fees and charges\nadequate to carry out any agreement as to, or pledge of, such rents,\nrates, fees and charges and to require the corporation to carry out any\nother agreements with the holders of such bonds to perform its duties\nunder this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the corporation to account as if\nit were the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of the twenty-five\nper centum of the principal amount of such bonds then outstanding, to\nannul such declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in the county of St.\nLawrence.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the\ncorporation.\n  6. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of any receiver of any part or parts of the\nproject, the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith the holders of such bonds, shall take possession of all monies and\nother property derived from such part or parts of the project and\nproceed with any construction thereon or the acquisition of any\nproperty, real or personal, in connection therewith that the corporation\nis under obligation to do, and to operate, maintain and reconstruct such\npart or parts of the project and collect and receive all revenues\nthereafter arising therefrom subject to any pledge or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the corporation under the direction of\nthe court. In any suit, action or proceeding by the trustee, the fees,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom the properties.\n
N.Y. VAT Law § 544 — New York Code / Act VAT / Title 5 / Article 21-B / Section 544
Responsibilities
Status: in_force

§ 544. Responsibilities. As requested by the commissioner, the board\nshall recommend medical criteria and vision standards relating to driver\nlicensing and the safe operation of a motor vehicle, and report to the\ncommissioner on such other aspects of medical fitness, driver licensing,\nand driver health, and safety as the commissioner may request, including\ncollection and analysis of data and research relating to medical aspects\nof driving and driver licensing.\n
N.Y. EDN Law § 3704 — New York Code / Act EDN / Title 5 / Article 75 / Section 3704
Report of supervisor regarding gospel or school lots
Status: in_force

§ 3704. Report of supervisor regarding gospel or school lots.  Every\nsupervisor of a town shall report to the commissioner of education\nwhether there be, within the town, any gospel or school lot, and, if\nany, shall describe the same, and state to what use, if any, it is put\nby the town; and whether it be leased, and, if so, to whom, for what\nterm and upon what rents; and whether the town holds or is entitled to\nany land, moneys or securities arising from any sale of such gospel or\nschool lot, and the investment of the proceeds thereof, or of the rents\nand income of such lots and investments, and shall report a full\nstatement and account of such lands, moneys and securities.\n
N.Y. PBA Law § 1500-E — New York Code / Act PBA / Article 7 / Title 5 / Section 1500-E
Conveyance of property by the city to the authority; acquisition of property by the city or by the authority
Status: in_force

§ 1500-e. Conveyance of property by the city to the authority;\nacquisition of property by the city or by the authority. 1. The city\nmay, by resolution or resolutions of the common council or by\ninstruments authorized by such resolutions, convey, with or without\nconsideration, and upon appropriate conditions as to outstanding city\nbonds appertaining thereto, to the authority real and personal property\nowned by the city for use by the authority as a covered project or\ncovered projects or a part thereof. In case of real property so\nconveyed, the title thereto shall remain in the city but the authority\nshall have the use and occupancy thereof for so long as its corporate\nexistence shall continue. In the case of personal property so conveyed,\nthe title shall pass to the authority.\n  2. The city may acquire in the name of the city by purchase or\ncondemnation real property in the city for any of the covered projects\nor for the widening of existing roads, streets, avenues or highways, or\nfor new roads, streets, avenues or highways within a radius of one mile\nto any of the covered projects, or partly for such purposes and partly\nfor other city purposes, by purchase or condemnation in the manner\nprovided by law for the acquisition of real property by the city. For\nlike purposes, the city may close such streets, roads, avenues, or\nhighways as may be necessary or convenient, except as to state highways\nand arterial ways which shall not be closed without the consent of the\nNew York state commissioner of transportation.\n  3. Subject to the approval of the common council, contracts may be\nentered into between the city and the authority providing for the\nproperty to be conveyed by the city to the authority, the additional\nproperty to be acquired by the city and so conveyed, the streets, roads,\navenues, and highways to be closed by the city and the amounts, terms\nand conditions of payment to be made by the authority. Such contracts\nmay also contain covenants by the city as to the road, street, avenue\nand highway improvements to be made by the city. Any such contracts\nbetween the city and the authority may be pledged by the authority to\nsecure its bonds and may not be modified thereafter except as provided\nby the terms of the pledge. The common council may authorize such\ncontracts between the city and the authority and no other authorization\non the part of the city for such contracts shall be necessary. Any such\ncontracts may be so authorized and entered into by the city and in such\nmanner as the common council may determine, and the payments required to\nbe made by the city may be made and financed notwithstanding that no\nprovisions therefor shall have first been made in the annual\nappropriations of the city. All contractual or other obligations of the\ncity incurred in carrying out the provisions of this title shall be\nincluded in and provided for by each annual appropriation of the city\nthereafter made, if and to the extent that they may appropriately be\nincluded therein.\n  4. The authority may, subject to the approval of the common council of\nthe city, itself acquire real property for a covered project in the name\nof the city at the cost and expense of the authority by purchase. The\nauthority shall have the use and occupancy of such real property so long\nas its corporate existence shall continue.\n  5. In case the authority shall have the use and occupancy of any real\nproperty which it shall determine is no longer required for a covered\nproject then, if such property was acquired at the cost and expense of\nthe city, the authority shall have the power to surrender its use and\noccupancy thereof to the city, or, if such real property was acquired at\nthe cost and expense of the authority, then the authority shall have the\npower to sell, lease or otherwise dispose of said real property at\npublic or private sale, subject to applicable provisions of law, and\nshall retain and have the power to use the proceeds of sale, rentals, or\nother moneys derived from the disposition thereof for its purposes.\n
N.Y. EDN Law § 3652 — New York Code / Act EDN / Title 5 / Article 74 / Section 3652
Investment of moneys in reserve funds
Status: in_force

§ 3652. Investment of moneys in reserve funds.  The school authorities\nof any school district or the district treasurer or other officer having\ncustody of the moneys, if the school authorities shall delegate such\nduty to him, may invest moneys in any fund established pursuant to this\narticle in the manner provided by section eleven of the general\nmunicipal law.\n
N.Y. SOS Law § 92 — New York Code / Act SOS / Article 3 / Title 5 / Section 92
Deficiency appropriations
Status: in_force

§ 92.  Deficiency appropriations.  1.  (a)  Should the sums\nappropriated for medical assistance for needy persons, family\nassistance, or care and protection of children pursuant to article six\nof this chapter and their administration be expended or contracted or\nbecome exhausted during the year for the purposes for which they were\nappropriated, or should no appropriation have been made, additional sums\nshall be appropriated by the proper appropriating bodies, as occasion\ndemands, to carry out the provisions of this chapter.\n  (b)  In cities such additional sums if appropriated shall be paid from\nunexpended balances not required by law to be expended for a specific\npurpose, or from contingent funds when such exist.\n  (c)  In counties, such additional appropriations shall be paid from\nfunds in the county treasury available therefor, provided that such\nfunds were raised by taxes levied in a territory identical with that in\nwhich such sums may be expended, and then only to the extent of any\nexcess thereof not needed for other purposes under other provisions of\nthis chapter.\n  (d)  Nothing contained in this section, however, shall be construed to\nprevent the financing of such deficiency appropriations pursuant to the\nlocal finance law.\n  2.  All the provisions of subdivision one in regard to cities shall be\napplicable to towns in Dutchess county, and, in every city or town\nthereof, except in the city of Poughkeepsie, the amount of such\nadditional sums must first be approved by the county commissioner of\npublic welfare by writing filed with the city or town clerk.\n
N.Y. PBA Law § 1500-B — New York Code / Act PBA / Article 7 / Title 5 / Section 1500-B
Definitions
Status: in_force

§ 1500-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. The term "authority" shall mean the corporation created by section\nfifteen hundred-c of this title;\n  2. The term "city" shall mean the city of Buffalo;\n  3. The term "bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title relating to\nbonds and bondholders;\n  4. The term "board" shall mean the members of the authority;\n  5. The term "real property" shall mean lands, structures, franchises,\nand interest in lands, and any and all things usually included within\nthe said term, and includes not only fees simple absolute but also any\nand all lesser interest, such as easements, rights of way, uses, leases,\nlicenses, and all other incorporeal hereditaments and every estate,\ninterest or right, legal or equitable, including terms of years, and\nliens thereon by way of judgments, mortgages or otherwise, and also\nclaims for damage to real estate, in the area of the city;\n  6. The term "project" shall mean any area or place operated or to be\noperated by the authority for the parking or storing of motor and other\nvehicles and shall, without limiting the foregoing, include all real and\npersonal property, driveways, roads, approaches, structures, terminals\nof all kinds, garages, meters, mechanical equipment, and all\nappurtenances and facilities on, above or under the ground which are\nused or usable in connection with such parking or storing of such\nvehicles in the area of the city or which facilitates electric vehicle\ncharging infrastructure;\n  7. The term "projects" shall mean more than one covered projects.\n  8. The term "covered project" shall mean a project located on a public\nparking facility owned by the city at the time this title shall take\neffect.\n  9. The term "Buffalo fiscal stability authority" shall mean the public\nbenefit corporation established pursuant to title two of article ten-D\nof this chapter.\n
N.Y. SOS Law § 410-W — New York Code / Act SOS / Article 6 / Title 5-C / Section 410-W
Eligible families
Status: in_force

§ 410-w. Eligible families.  1. A social services district may use the\nfunds allocated to it from the block grant to provide child care\nassistance to:\n  (a) families receiving public assistance when such child care\nassistance is necessary: to enable a parent or caretaker relative to\nengage in work, participate in work activities or perform a community\nservice pursuant to title nine-B of article five of this chapter; to\nenable a teenage parent to attend high school or other equivalent\ntraining program; because the parent or caretaker relative is physically\nor mentally incapacitated; or because family duties away from home\nnecessitate the parent or caretaker relative's absence; child day care\nshall be provided during breaks in activities. Such child day care shall\nbe authorized for the period designated by the regulations of the\ndepartment;\n  (b) families with incomes up to eighty-five percent of the state\nmedian income who are attempting through work activities to transition\noff of public assistance when such child care is necessary in order to\nenable a parent or caretaker relative to engage in work provided such\nfamilies' public assistance has been terminated as a result of increased\nhours of or income from employment or increased income from child\nsupport payments or the family voluntarily ended assistance; provided\nthat the family received public assistance at least three of the six\nmonths preceding the month in which eligibility for such assistance\nterminated or ended or provided that such family has received child care\nassistance under subdivision four of this section;\n  (c) families with incomes up to eighty-five percent of the state\nmedian income, which are determined in accordance with the regulations\nof the department to be at risk of becoming dependent on family\nassistance;\n  (d) families with incomes up to eighty-five percent of the state\nmedian income, who are attending a post secondary educational program;\nand\n  (e) other families with incomes up to eighty-five percent of the state\nmedian income in accordance with criteria established by the department.\n  2. For the purposes of this title, the term "state income standard"\nmeans the most recent federal income official poverty line (as defined\nand annually revised by the federal office of management and budget)\nupdated by the department for a family size of four and adjusted by the\ndepartment for family size.\n  3. A social services district shall guarantee child care assistance to\nfamilies in receipt of public assistance with children under thirteen\nyears of age when such child care assistance is necessary for a parent\nor caretaker relative to engage in work or participate in work\nactivities pursuant to the provisions of title nine-B of article five of\nthis chapter. Child care assistance shall continue to be guaranteed for\nsuch a family for a period of twelve months or, upon approval by the\noffice, may be provided by a social services district for a period up to\ntwenty-four months, after the month in which the family's eligibility\nfor public assistance has terminated or ended when such child care is\nnecessary in order to enable the parent or caretaker relative to engage\nin work, provided that the family's public assistance has been\nterminated as a result of an increase in the hours of or income from\nemployment or increased income from child support payments or because\nthe family voluntarily ended assistance; that the family received public\nassistance in at least three of the six months preceding the month in\nwhich eligibility for such assistance terminated or ended or provided\nthat such family has received child care assistance under subdivision\nfour of this section; and that the family's income does not exceed\neighty-five percent of the state median income. Such child day care\nshall recognize the need for continuity of care for the child and a\ndistrict shall not move a child from an existing provider unless the\nparticipant consents to such move.\n  3-a. A local social services district may, upon notification to the\noffice, utilize a presumptive eligibility standard to provide child care\nassistance, in accordance with this subdivision. The office of children\nand family services shall issue guidance regarding the preliminary\neligibility criteria to be used by local social services districts\nutilizing a presumptive eligibility standard.\n  (a) A local social services district opting to utilize a presumptive\neligibility standard, shall, upon receipt of an application for child\ncare assistance, including all completed documentation required by the\ndistrict, complete a preliminary eligibility determination.\n  (b) If the family meets the preliminary eligibility criteria, the\nfamily shall be presumed eligible for child care assistance for the\nperiod from the date of the application to the date of the final\neligibility determination.\n  (c) A local social services district may utilize child care block\ngrant funds for the presumptive eligibility period to the extent\npermitted by federal law.\n  (d) If, upon final determination, the application for child care\nservices is denied, the social services district shall send written\nnotice to the applicant of the determination of ineligibility and of the\napplicant's right to a fair hearing in accordance with the regulations\nof the office.\n  4. (a) Local social services districts shall guarantee applicants who\nwould otherwise be eligible for, or are recipients of, public assistance\nbenefits and who are employed, the option to choose to receive\ncontinuing child day care subsidies in lieu of public assistance\nbenefits, for such period of time as the recipient continues to be\neligible for public assistance. For the purposes of this subdivision, an\neligible applicant for, or recipient of, public assistance benefits and\nwho is employed includes a person whose gross earnings equal, or are\ngreater than, the required number of work hours times the state minimum\nwage. Recipients of child care subsidies under this subdivision who are\nno longer eligible for public assistance benefits, shall be eligible for\ntransitional child care described in paragraph (b) of subdivision one of\nthis section as if they had been recipients of public assistance.\n  (b) Nothing herein shall be construed to waive the right of an\napplicant who chooses to receive continuing child day care subsidies\npursuant to this section from applying for ongoing public assistance.\n  5. (a) A family eligible for child care assistance pursuant to\nsubdivision one of this section, unless such family voluntarily ends\nsuch assistance, shall be deemed eligible for a period of no less than\ntwelve months from the date of the eligibility determination for such\nassistance, provided the family income does not exceed eighty-five\npercent of the state median income. A social services district may\nextend this period to up to twenty-four months, provided the family\nincome does not exceed eighty-five percent of the state median income.\n  (b) A family eligible for child care assistance under paragraph (a) of\nsubdivision one of this section shall suffer no break in child care\nservices and shall not be required to reapply for such assistance so\nlong as eligibility under subdivision three of this section continues.\n  6. Notwithstanding any other provision of law, rule or regulation to\nthe contrary, applicants for child care subsidy assistance shall be\nencouraged to obtain a child support order and shall be advised of the\nbenefits of obtaining such orders. Provided however, no applicant for,\nor recipient of, child care assistance under this title shall be\nrequired to pursue, or to obtain, a court order for child support as a\ncondition of eligibility for child care assistance.\n  7. For purposes of determining financial eligibility under this title,\nthe earned income of a dependent child under the age of eighteen, who is\nnot legally responsible for the child or children for which child care\nassistance is sought, shall be disregarded when determining the\neligibility of a household for a child care subsidy.\n  8. Notwithstanding any other provision of law, rule or regulations to\nthe contrary, a social services district that implements a plan\namendment to the child care portion of its child and family services\nplan, either as part of an annual plan update, or through a separate\nplan amendment process, where such amendment reduces eligibility for, or\nincreases the family share percentage of, families receiving child care\nservices, or that implements the process for closing child care cases as\nset forth in the district's approved child and family services plan, due\nto the district determining that it cannot maintain its current caseload\nbecause all of the available funds are projected to be needed for open\ncases, shall provide all families whose eligibility for child care\nassistance or family share percentage will be impacted by such action\nwith at least thirty days prior written notice of the action. Provided,\nhowever, that a family receiving assistance pursuant to this title shall\nnot be required to contribute more than one percent of their income\nexceeding the federal poverty level.\n  9. Parents and caretakers who are otherwise eligible for child care\nassistance, and provided with such assistance, shall be able to utilize\nthe assistance when care is necessary to enable them to sleep because\nthey work non-traditional hours and have a child who is under the age of\nsix and not in school for a full school day. The authorization for child\ncare assistance shall be sufficient to allow the parent to obtain up to\neight hours of sleep, as needed.\n  10. For the purposes of this title, the term "state median income"\nmeans the most recent state median income data published by the bureau\nof the census, for a family of the same size, updated by the department\nfor a family size of four and adjusted by the department for family\nsize.\n
N.Y. EDN Law § 3602-E — New York Code / Act EDN / Title 5 / Article 73 / Part 1 / Section 3602-E
Universal prekindergarten program
Status: in_force

§ 3602-e. Universal prekindergarten program. 1. Definitions. For the\npurposes of this section, the following terms shall have the following\nmeanings:\n  a. "School district" shall mean all public school districts eligible\nfor total foundation aid pursuant to subdivision four of section three\nthousand six hundred two of this article, such term shall not include\nboards of cooperative educational services.\n  b. "Eligible agencies" shall mean a provider of child care and early\neducation, a day care provider, early childhood program or center,\nnon-profit organization, charter school, library, museum, or\ncommunity-based organization, including but not limited to approved\npre-school special education programs, head start, and nursery schools\nso long as the standards and qualifications set forth pursuant to\nsubdivision twelve of this section have been met.\n  c. "Eligible four-year-old children" shall mean resident children who\nare four years of age on or before December first of the year in which\nthey are enrolled or who will otherwise be first eligible to enter\npublic school kindergarten commencing with the following school year.\n  c-1. "Eligible three-year-old children" shall mean resident children\nwho are three years of age on or before December first of the year in\nwhich they are enrolled or who will otherwise be first eligible to enter\npublic school kindergarten commencing two years from the time of\nenrollment.\n  d. "Pre-kindergarten program plan" shall mean a plan approved by the\nboard of education or, in the case of a school district having a\npopulation of one million or more, by the community superintendent and\nthe chancellor that is designed to effectively serve eligible children\ndirectly through the school district or through collaborative efforts\nbetween the school district and an eligible agency or agencies.\n  e. "Session" shall mean one universal prekindergarten program class\noperating pursuant to time, staff ratio and other regulatory\nrequirements as set forth by the board of regents and the commissioner\nfor such purpose.\n  f. "Universal access proxy" shall mean the product of eighty-five\npercent multiplied by the positive difference, if any, between the sum\nof the public school enrollment and the nonpublic school enrollment of\nchildren attending full-day and half-day kindergarten programs in the\ndistrict in the year prior to the base year less the number of resident\nchildren who attain the age of four before December first of the base\nyear, who were served during such school year by a prekindergarten\nprogram approved pursuant to section forty-four hundred ten of this\nchapter, where such services are provided for more than four hours per\nday.\n  g. "Half-day program" shall mean a program which serves students for\nat least two and five-tenths hours but less than five hours per day.\n  h. "Full-day program" shall mean a program which serves students for\nat least five hours per day.\n  2. The commissioner is hereby authorized and directed to award grants\nfor the establishment and implementation of a prekindergarten program to\nserve eligible children.\n  * 3. Beginning in the two thousand twenty-three--two thousand\ntwenty-four school year, all school districts shall annually report to\nthe commissioner: (i) the number of four-year-old prekindergarten\nstudents the district intends to serve in full-day and half-day slots in\ndistrict-operated prekindergarten programs in the current school year;\n(ii) the number of four-year-old prekindergarten students the district\nintends to serve in full-day and half-day slots in prekindergarten\nprograms operated by community-based organizations in the current school\nyear; (iii) the number of four-year-old prekindergarten students in the\ncurrent school year the district is unable to serve due to a lack of\ncapacity; (iv) the reason for the lack of capacity, including the\navailability of appropriate space, facilities, and staff; and (v) any\nother information available to districts and determined by the\ncommissioner to be necessary to accurately estimate the unmet demand for\nfour-year-old prekindergarten programs within a district. School\ndistricts that are eligible to receive an apportionment under this\nsection or section thirty-six hundred two-ee of this part but have not\nclaimed the full apportionment shall include in the report to the\ncommissioner information on barriers to implementing new or expanding\nexisting universal prekindergarten programs despite available funding.\nSuch report shall be due on or before September first of each year and\nshall be collected as part of the application submitted pursuant to\nsubdivision five of this section. Beginning November first, two thousand\ntwenty-three, the commissioner shall annually submit a report to the\ngovernor, the temporary president of the senate, and the speaker of the\nassembly on the information reported by districts.\n  * NB Repealed December 30, 2026\n  5. In any school district, other than the city school district of the\ncity of New York, that seeks an apportionment pursuant to this section,\nthe school district shall develop and submit an application pursuant to\nthe rules and regulations adopted by the board of regents and the\ncommissioner for such purpose. Such application shall be submitted by a\ndate and in a form prescribed by the commissioner pursuant to\nsubdivision eight of this section, including the program elements as\nprovided for in subdivision seven of this section and shall be\nconsistent with the plan adopted by the district.\n  a. If the school district chooses to coordinate proposals for\nprekindergarten program services, it shall conduct a competitive process\nin accordance with procedures set forth by the commissioner and with the\nrequirements and regulations set forth in, and pursuant to, subdivisions\nseven, eight and twelve of this section.\n  b. An application developed by coordinating proposals submitted by\neligible agencies pursuant to a competitive process shall ensure\ndelivery of prekindergarten program services in an effective, efficient\nand non-duplicative manner.\n  c. The results of the competitive process for prekindergarten program\nservices shall be made public at a regular meeting of the board of\neducation. An eligible agency may request a written statement from the\nboard of education stating why the application was not accepted.\n  d. Notwithstanding any other provision of law, the school districts\nshall be authorized to enter any contractual or other arrangements\nnecessary to implement the district's prekindergarten plan.\n  e. Not less than ten percent of the total grant award to the school\ndistrict shall be set aside for collaborative efforts with eligible\nagencies, provided that the commissioner may waive such set aside\nrequirement based upon documented evidence that the school district was\nunable to use the set aside to make a collaborative arrangement that\nwould meet all requirements of this subdivision because of\nunavailability of eligible agencies willing to collaborate or other\nfactors beyond the control of the school district, or for school\ndistricts which have fully implemented a universal prekindergarten\nprogram by serving all eligible four year olds in the nineteen hundred\nninety-eight--ninety-nine school year and due to parental choice the ten\npercent set aside requirement exceeds the total of the district's aid\nper kindergarten pupil multiplied by the number of pre-kindergarten\npupils in collaborative programs. In such cases, school districts shall\nset aside, for collaborative efforts with eligible agencies, the total\nof the district's aid per kindergarten pupil multiplied by the number of\nprekindergarten pupils in collaborative programs.\n  f. Notwithstanding any other provisions of this section to the\ncontrary, two or more school districts may submit a joint application to\noperate a joint universal prekindergarten program. For purposes of\nparagraph e of this subdivision and all other provisions of this section\nexcept subdivision ten, all references to a school district shall be\ndeemed a reference to all school districts participating in such joint\nprogram as if they were a single district. For purposes of subdivision\nten of this section, the grant award for the joint program shall be the\nsum of the grant awards computed for each participating district\npursuant to such subdivision ten.\n  6. In the city school district of the city of New York, if a community\nschool superintendent seeks to receive an apportionment pursuant to this\nsection, the community school superintendent shall submit such plan to\nthe chancellor for adoption, modification or rejection.\n  a. If the chancellor adopts such plan as submitted or as modified by\nthe chancellor, the chancellor shall submit an application in accordance\nwith subdivision five of this section.\n  b. If the chancellor rejects such plan, he or she shall notify the\ncommunity superintendent in writing and shall state the reasons for such\nrejection.\n  The community superintendent may modify and resubmit such application\nto the chancellor for adoption.\n  7. In order to receive approval from the commissioner to implement a\nprekindergarten program, applications and proposals shall demonstrate\nthat the program to be implemented contains, at a minimum, the following\ncomponents:\n  a. provides for an age and developmentally appropriate curriculum and\nactivities which are learner-centered;\n  b. provides for an assessment of the development of language,\ncognitive and social skills;\n  c. ensures continuity in the program with instruction in the early\nelementary grades;\n  d. encourages children to be self-assured and independent;\n  e. encourages the co-location and integration of children with special\nneeds;\n  f. utilizes staff who meet the qualifications set forth pursuant to\nthe rules of the board of regents;\n  g. provides for strong parental partnerships and involvement in the\nimplementation of and participation in the plan;\n  h. provides staff development and teacher training for staff and\nteachers in all settings in which prekindergarten services are provided\npursuant to this section; and\n  i. establishes a method for selection of eligible children to receive\nprekindergarten program services on a random selection basis where there\nare more eligible children than can be served in a given school year,\nprovided, however, that a school district that operated a targeted\nprekindergarten program in the base year may use the selection process\nestablished for such program.\n  8. Each application for a prekindergarten program pursuant to this\nsection shall be on a form prescribed by the commissioner and shall\ninclude, but not be limited to:\n  a. a prekindergarten program plan identifying specific goals,\nincluding how the district will expand its program to assure that all\neligible children may be served, and a proposed timetable for the\nimplementation and achievement of such goals;\n  b. a proposed budget and a description of the proposed use of the\ngrant funds including the mechanism for the distribution of such funds;\n  c. the local share to be used, as defined by the commissioner, which\nmay include resources which may be available from the community;\n  d. the participation and contribution of each of the collaborative\npartners; and\n  e. a description of any costs associated with the administration of\nthe program.\n  10. Universal prekindergarten apportionment. School districts shall\nreceive a universal prekindergarten apportionment, in the two thousand\ntwenty-six--two thousand twenty-seven school year and thereafter, equal\nto the sum of the four-year-old apportionment and the three-year-old\napportionment.\n  a. The four-year-old apportionment shall equal the lesser of (i) the\nproduct of aid per four-year-old prekindergarten pupil multiplied by\nfour-year-old prekindergarten pupils served, or (ii) total actual grant\nexpenditures incurred by the school district as approved by the\ncommissioner.\n  (1) "Aid per four-year-old prekindergarten pupil" shall equal the\ngreater of (A) the school district's selected foundation aid for the\ncurrent year projection as of the final electronic data file prepared by\nthe commissioner pursuant to paragraph b of subdivision twenty-one of\nsection three hundred five of this chapter prior to July first of the\ncurrent year, calculated pursuant to subdivision four of section\nthirty-six hundred two of this part, (B) ten thousand dollars, or (C)\nthe amount set forth for such school district as "2025-26 4YO MAX UPK\nAID" on the school aid computer listing produced by the commissioner in\nsupport of the executive budget for the two thousand twenty-six--two\nthousand twenty-seven fiscal year and entitled "BT262-7" divided by the\namount set forth as "2025-26 4YO MAX FTE" on such listing.\n  (2) "Four-year-old prekindergarten pupils served" shall mean the sum\nof (i) the unduplicated count of all eligible four-year-old children\nregistered to receive educational services in a full-day program, as\nregistered on the date prior to November first that is specified by the\ncommissioner as the enrollment reporting date for the school district,\nas reported to the commissioner plus (ii) for the two thousand\ntwenty-six--two thousand twenty-seven school year through the two\nthousand twenty-seven--two thousand twenty-eight school year, the\nproduct of five tenths multiplied by the unduplicated count of eligible\nfour-year-old children registered to receive educational services in a\nhalf-day program, as registered on such date and reported to the\ncommissioner.\n  b. The three-year-old apportionment shall equal the lesser of (i) the\nproduct of the three-year-old maximum apportionment and the\nthree-year-old maintenance of effort percentage or (ii) total actual\ngrant expenditures incurred by the school district as approved by the\ncommissioner.\n  (1) "Three-year-old maximum apportionment" shall equal the greater of\nthe three-year-old maximum apportionment from the base year or the\namount set forth for such school district as "2025-26 3YO MAX UPK AID"\non the school aid computer listing produced by the commissioner in\nsupport of the executive budget for the two thousand twenty-six--two\nthousand twenty-seven fiscal year and entitled "BT262-7."\n  (2) "Three-year-old maintenance of effort percentage" shall equal the\nquotient of three-year-old students served divided by the maximum\neligible three-year-old students, but shall not exceed one hundred\npercent.\n  (A) "Three-year-old students served" shall equal the sum of (i) the\nunduplicated count of eligible three-year-old children registered to\nreceive educational services in a full-day program as registered on the\ndate prior to November first that is specified by the commissioner as\nthe enrollment reporting date for the school district, as reported to\nthe commissioner, plus (ii) the product of five-tenths multiplied by the\nunduplicated count of eligible three-year-old children registered to\nreceive educational services in a half-day program, as registered on\nsuch date and reported to the commissioner, (iii) less the\nthree-year-old overage penalty.\n  (I) "Three-year-old overage penalty" shall equal, for districts with\nthirty percent fewer three-year-old students served in full-day programs\nin the current year than the maximum eligible three-year-old full-day\nstudents, due to the conversion of the maximum eligible three-year-old\nfull-day students to three-year-old students served in half-day programs\nin the current year, the difference of the product of seven-tenths\nmultiplied by the maximum eligible three-year-old full-day students,\nrounded down to the nearest whole number, less the number of\nthree-year-old students served in full-day programs in the current year.\n  (II) School districts may apply to the commissioner for a hardship\nwaiver that would allow a district to convert more than thirty percent\nof three-year-old students served in full-day programs in the current\nyear to three-year-old students served in half-day programs in the\ncurrent year. Such waiver shall be granted upon a demonstration by the\nschool district that due to a significant change in the resources\navailable to the school district and absent such hardship waiver, the\nschool district would be unable to serve such pupils in prekindergarten\nprograms, without causing significant disruption to other district\nprogramming. If a hardship waiver is granted, the three-year-old overage\npenalty shall be zero for the current school year. No school district\nshall be eligible for a waiver in three or more consecutive school\nyears.\n  (B) "Maximum eligible three-year-old students" shall equal the greater\nof the amount set forth for such school district as "2025-26 3YO MAX UPK\nFTE" on the school aid computer listing produced by the commissioner in\nsupport of the executive budget for the two thousand twenty-six--two\nthousand twenty-seven fiscal year and entitled "BT262-7" or the sum of\n(i) the maximum eligible three-year-old students in full-day programs in\nthe base year plus (ii) the product of five-tenths multiplied by the\nmaximum eligible three-year-old students in half-day programs in the\nbase year.\n  c. School districts shall receive up to fifty percent of the universal\nprekindergarten apportionment defined in this subdivision upon approval\nof the application submitted pursuant to subdivision five of this\nsection, but not earlier than September first. School districts may be\neligible for an additional twenty percent of such apportionment after\nApril first of each school year upon completion of a request for funds\non a form designated by the commissioner. The remainder of such\napportionment shall be paid to each school district upon acceptance of a\nfinal expenditure report submitted on a form designated by the\ncommissioner in the following school year.\n  11. No later than the two thousand twenty-eight--two thousand\ntwenty-nine school year, all school districts shall serve in a full-day\nprekindergarten program all eligible four-year-old children whose parent\nor guardian applies to enroll such child in the district's universal\nprekindergarten program, whether such services are provided directly\nthrough the school district, a board of cooperative educational\nservices, or collaborative efforts between the school district and an\neligible agency or agencies.\n  12. The board of regents and the commissioner shall be authorized to\nadopt regulations to implement the provisions of this section and which\nshall prescribe uniform quality standards for such prekindergarten\nprograms. In developing such regulations, the board of regents and the\ncommissioner shall consider and seek to coordinate any regulations which\nmay currently be applicable to any existing programs or eligible\nagencies. In addition, the regents when developing regulations shall\nconsider and recognize the diversity of settings and models available\nfor the delivery of prekindergarten programs operated by eligible\nagencies in alternative settings, including libraries and community\nbased organizations, that comply with this section. Such regulations\nshall include but not be limited to:\n  a. minimum qualifications for personnel providing instructional and\nother services in prekindergarten programs. In promulgating such\nregulations, the commissioner and the board of regents shall take into\naccount the availability of certified teachers and teaching assistants\nto provide instruction in prekindergarten programs and shall consider\nways to increase the pool of qualified personnel;\n  b. curriculum standards consistent with the New York state\nprekindergarten early learning standards to ensure that such programs\nhave strong instructional content that is integrated with the school\ndistrict's instructional program in grades kindergarten through twelve;\n  c. performance standards for prekindergarten programs, which shall\ninclude procedures for assessing the performance of such programs and\nestablishing mechanisms for tracking progress of such programs and\nreporting such progress to parents of prekindergarten students and the\npublic;\n  d. transitional guidelines and rules which allow a program to meet the\nrequired staff qualifications and any other requirements set forth\npursuant to this section and regulations adopted by the board of regents\nand the commissioner; provided that such guidelines include an annual\nprocess by which a district may apply to the commissioner by September\nfirst of the current school year for a waiver that would allow personnel\nemployed by an eligible agency that is collaborating with a school\ndistrict to provide prekindergarten services and licensed by an agency\nother than the department, to meet the staff qualifications prescribed\nby the licensing or registering agency. Provided, further, that the\ncommissioner shall annually submit a report by November first to the\nchairperson of the assembly ways and means committee, the chairperson of\nthe senate finance committee and the director of the budget which shall\ninclude but not be limited to the following: (a) a listing of the school\ndistricts receiving a waiver pursuant to this paragraph from the\ncommissioner for the current school year; (b) the number and proportion\nof students within each district receiving a waiver pursuant to this\nparagraph for the current school year that are receiving instruction\nfrom personnel employed by an eligible agency that is collaborating with\na school district to provide prekindergarten services and licensed by an\nagency other than the department; and (c) the number and proportion of\ntotal prekindergarten personnel for each school district that are\nproviding instructional services pursuant to this paragraph that are\nemployed by an eligible agency that is collaborating with a school\ndistrict to provide prekindergarten services and licensed by an agency\nother than the department, to meet the staff qualifications prescribed\nby the licensing or registering agency.\n  e. health and safety standards;\n  f. time requirements which reflect the needs of the individual school\ndistricts for flexibility, but meeting a minimum weekly time\nrequirement; provided, however, that the minimum weekly time requirement\nfor full-day programs shall be twenty-five hours, and the weekly minimum\ntime requirement for half-day programs shall be twelve and one-half\nhours;\n  g. the staff/child ratio;\n  h. reasonable grounds and basis for the non-acceptance of a proposal\nsubmitted to the school district when the proposal otherwise meets, to\nthe extent applicable, all the regulations of the commissioner and the\nrequirements set forth in this subdivision, as well as subdivisions\nseven and eight of this section;\n  i. any other program components, such as health, nutrition or support\nservices, which the regents deem appropriate and necessary for the\nappropriate and effective implementation of a prekindergarten program;\n  j. a provision for a waiver of any inconsistent provisions of this\nsection or the regulations implementing this section to allow school\ndistricts that operated a targeted prekindergarten program in the two\nthousand six--two thousand seven school year to continue to operate such\nprogram pursuant to the regulations of the commissioner that applied to\ntargeted prekindergarten programs in such school year; provided that,\nnotwithstanding any other provision of this section to the contrary, the\namounts allocated to such targeted prekindergarten program from grants\nawarded pursuant to this section shall not exceed the amount of targeted\nprekindergarten grant funds received by the district for the two\nthousand six--two thousand seven school year;\n  k. a process by which a school district must submit an application;\n  l. a definition of the approved expenditures for which grant funds may\nbe used, which shall include but not be limited to transportation\nservices and lease expense or other appropriate facilities expenses; and\n  m. a process for the waiver of the time requirements established\npursuant to this subdivision in order to authorize the operation of a\nsummer universal prekindergarten program limited to the months of July\nand August, upon a finding by the commissioner that the school district\nis unable to operate the program during the regular school session\nbecause of a lack of available space pursuant to regulations of the\ncommissioner. Notwithstanding any other provision of this section to the\ncontrary, such process shall provide for a reduction of the aid per\nprekindergarten pupil payable for pupils served pursuant to such waiver\nby one one-hundred eightieth of the aid per prekindergarten pupil\ndetermined pursuant to paragraph a of subdivision ten or subparagraph\n(i) of paragraph b of subdivision ten-a of this section for each day\nless than one hundred eighty days that the summer program is in session.\n  13. Each school district that has implemented a prekindergarten\nprogram shall on an annual basis report to the board of regents, the\ncommissioner, parents, teachers and the public on the status of such\nprogram. Such annual report shall include a financial summary of the\napproved expenditures of the program, as defined pursuant to paragraph l\nof subdivision twelve of this section, setting forth the expenditures\nfrom state, local and other revenue sources, and the district shall\nmaintain documentation to insure that all grant funds are used for such\napproved expenditures.\n  14. On February fifteenth, two thousand, and annually thereafter, the\ncommissioner and the board of regents shall include in its annual report\nto the legislature and the governor, information on school districts\nreceiving grants under this section; the amount of each grant; a\ndescription of the program that each grant supports and an assessment by\nthe commissioner of the extent to which the program meets measurable\noutcomes required by the grant program or regulations of such\ncommissioner; and any other relevant information, which shall include\nbut not be limited to the following:\n  a. (i) the total number of students served in state-funded\ndistrict-operated prekindergarten programs, (ii) the total number of\nstudents served in state-funded community-based prekindergarten\nprograms, (iii) the total number of students served in state-funded\nhalf-day prekindergarten programs, and (iv) the total number of students\nserved in state-funded full-day prekindergarten programs;\n  b. (i) the total number of students served in state, federal and\nlocally funded district-operated prekindergarten programs, (ii) the\ntotal number of students served in state, federal and locally funded\ncommunity-based prekindergarten programs, (iii) the total number of\nstudents served in state, federal and locally funded half-day\nprekindergarten programs, and (iv) the total number of students served\nin state, federal and locally funded full-day prekindergarten programs;\n  c. the total spending on prekindergarten programs from state, federal,\nand local sources;\n  d. the total number of students on a district wait list for a\nprekindergarten slot in a state-funded prekindergarten program; and\n  e. for each program described in subparagraphs (i), (ii), (iii) and\n(iv) of paragraph a of this subdivision, and subparagraphs (i), (ii),\n(iii) and (iv) of paragraph b of this subdivision, the total number of\nstudents served with disabilities that have an individualized education\nplan and, of those, the total number of students requiring any of the\nfollowing approved services: special education itinerant services;\nspecial class in an integrated setting; or a special class. Such report\nshall also contain any recommendations to improve or otherwise change\nthe program.\n  15. The commissioner shall also provide for a system for evaluation\nand assessment of the prekindergarten programs which have been\nimplemented to determine the short and long-term success, outcomes and\neffects of the programs based on relevant and measurable performance\nstandards. The commissioner shall prohibit the administration of\ntraditional standardized tests, as defined in regulations issued by the\ncommissioner, in prekindergarten programs; provided, however, that\nnothing herein shall prohibit assessments in which students perform\nreal-world tasks that demonstrate application of knowledge and skills or\nassessments that are otherwise required to be administered by federal\nlaw.\n  16. The grant payable to a school district pursuant to this section in\nthe current year shall be reduced by one one-hundred eightieth for each\nday less than one hundred eighty days that the universal prekindergarten\nclasses of the district were actually in session, except that the\ncommissioner may disregard such reduction for any deficiency that may be\ndisregarded in computing total foundation aid pursuant to subdivision\nseven or eight of section thirty-six hundred four of this chapter and in\naddition may disregard a reduction for any deficiency that is caused by\na delay in the opening of public school classes due to extraordinarily\nadverse weather conditions or other cause cited in such subdivision\nseven of section thirty-six hundred four that results in cancellation of\nthe prekindergarten program or of transportation to such program.\n  17. Approved quality indicators. A school district receiving funding\npursuant to this section shall agree to adopt approved quality\nindicators within two years, including, but not limited to, valid and\nreliable measures of environmental quality, the quality of\nteacher-student interactions and child outcomes, and ensure that any\nsuch assessment of child outcomes shall not be used to make high-stakes\neducational decisions for individual children.\n  18. Notwithstanding paragraph (a) of subdivision one of section\ntwenty-eight hundred fifty-four of this chapter and paragraph (c) of\nsubdivision two of section twenty-eight hundred fifty-four of this\nchapter, charter schools shall be eligible to participate in universal\nprekindergarten programs under this section as eligible agencies,\nprovided that all such monitoring, programmatic review and operational\nrequirements under this section shall be the responsibility of the\ncharter entity and shall be consistent with the requirements under\narticle fifty-six of this chapter. The provisions of paragraph (b) of\nsubdivision two of section twenty-eight hundred fifty-four of this\nchapter shall apply to the admission of prekindergarten students. The\nlimitations on the employment of uncertified teachers under paragraph\n(a-1) of subdivision three of section twenty-eight hundred fifty-four of\nthis chapter shall apply to all teachers from prekindergarten through\ngrade twelve.\n
N.Y. ENV Law § 56-0513 — New York Code / Act ENV / Article 56 / Title 5 / Section 56-0513
Permit waivers
Status: in_force

§ 56-0513. Permit waivers.\n  1. The department shall be exempt from the requirement to obtain any\nstate or local permit or other authorization for any activity needed to\nimplement a project to investigate or remediate contamination pursuant\nto this title; provided that the activity is conducted in a manner which\nsatisfies all substantive technical requirements applicable to like\nactivity conducted pursuant to a permit.\n  2. The department, by and through the commissioner, shall be\nauthorized to exempt any agent, consultant, or contractor of the\ndepartment from the requirement to obtain any state or local permit or\nother authorization for any activity needed to implement a project to\ninvestigate or remediate contamination pursuant to this title; provided\nthat the activity is conducted in a manner which satisfies all\nsubstantive technical requirements applicable to like activity conducted\npursuant to a permit.\n