N.Y. PBA Law § 1854-D — New York Code / Act PBA / Article 8 / Title 9 / Section 1854-D
Generator reporting and fees
Status: in_force

§ 1854-d. Generator reporting and fees. 1. Reports. a. Any person who\ngenerates low-level radioactive waste in New York shall submit to the\nauthority, on dates specified by the authority, but in no event later\nthan nine months after the effective date of the low-level radioactive\nwaste management act and, thereafter, no less frequently than annually,\nreports detailing the classes and quantities of low-level radioactive\nwaste generated, stored by the generator for decay or for later transfer\nto other facilities, or transferred by the generator to other\nfacilities, the general type of generator (e.g., medical, university,\nindustry, electric utility, government), and such additional information\nas the authority may reasonably require on the nature and\ncharacteristics (including, without limitation, chemical and physical\ncharacteristics, properties, or constituents, radionuclides present,\ncurie content or concentration of radioactivity) of such waste and the\nextent of reduction in quantity and the nature and extent of reduction\nor other change in the nature or characteristics of such waste as a\nresult of treatment or interim storage after generation and before\ndelivery to facilities for permanent disposal of such waste. The\nauthority shall provide by regulation appropriate procedures for the\npreparation and submission of such reports, including procedures to\ndesignate a person or persons responsible for such filing when more than\none person is the generator of the same waste. Such reports shall be\nsubject to the provisions of article six of the public officers law.\n  b. Commencing no later than the first day of July nineteen hundred\neighty-seven, the authority shall submit annually to the governor, the\ntemporary president of the senate, the speaker of the assembly, the\nminority leader of the senate, and the minority leader of the assembly,\nand thereafter, not later than one hundred eighty days after the end of\neach calendar year, a report summarizing and categorizing, by type of\ngenerator and region of generation, the nature, characteristics, and\nquantities of low-level radioactive waste generated in New York during\nsuch calendar year.\n  2. Fees. a. (i) Pursuant to this title the authority shall, pursuant\nto regulations promulgated in accordance with article two of the state\nadministrative procedure act, establish, revise, assess, and collect\nreasonable rates, charges, or other fees upon the disposal of low-level\nradioactive waste generated in New York sufficient to fully recover all\ncosts and expenses of the state and its agencies and authorities\nassociated with low-level radioactive waste management facilities. Such\nassessed rates, charges, or other fees shall be paid to the authority in\nthe manner, and accompanied by such returns, reports, or other\ndocumentation as the authority may prescribe. Fees paid shall be treated\nas expenses for purposes of recovery in rates. Surcharges collected by\nor for facilities which accept low-level radioactive waste generated in\nNew York State for disposal pursuant to the Federal Low-level\nRadioactive Waste Policy Amendments of nineteen hundred eighty-five\n(Pub. Law 99-240), but deposited in escrow pursuant to section 5 (d) (2)\nof such law shall be paid to and received by the authority. Such\npayments shall be disbursed or transferred pursuant to this paragraph\nand shall be used for the purpose of reducing the amounts otherwise\nrecoverable as assessments imposed pursuant to paragraph c of this\nsubdivision.\n  (ii) The authority shall deposit the proceeds from such rates,\ncharges, or other fees in a separate segregated account maintained\nsolely for the purpose of holding such deposits. The authority shall\nfirst apply the proceeds of the account to payments of principal and\ninterest on bonds, notes or other obligations issued by the authority\nfor the purposes of the low-level radioactive waste management act.\nUpon appropriation or pursuant to other legislative authorization,\ndisbursements or transfers from such account shall be made solely for\nother costs and expenses incurred under the low-level radioactive waste\nmanagement act.\n  (iii) In establishing, revising, assessing, and collecting such\nreasonable rates, charges, or other fees associated with low-level\nradioactive waste management facilities or incurred under the low-level\nradioactive waste management act, the authority shall include, but need\nnot be limited to, such amounts as will meet all incremental costs and\nexpenses of:\n  A. selecting, developing, licensing, constructing, operating, and\nmaintaining such facilities;\n  B. establishing reserves for related purposes, including, but not\nlimited to, debt service, decontamination and decommissioning, closure,\nand post-closure care, and contingencies;\n  C. making reimbursements of expenditures from appropriations to state\nagencies or authorities to implement the low-level radioactive waste\nmanagement act; and\n  D. making payments in lieu of taxes.\n  (iv) The authority may establish and revise, not inconsistent with\nfederal law and regulation, reasonable classifications of low-level\nradioactive waste based upon the nature, class, characteristics (other\nthan type of generator) or condition of such waste. The authority may\nutilize such classifications for purposes of establishing or revising\nthe rates, charges, or other fees upon the disposal of such waste\npursuant to paragraphs b and c of this subdivision.\n  b. Upon delivery of low-level radioactive waste to permanent disposal\nfacilities owned or operated by the authority, the rates, charges, or\nother fees as established or revised by the authority for disposal of\nsuch waste at such facilities, and related services, shall be paid.\nSuch rates, charges, or other fees shall be sufficient to meet all costs\nand expenses which may be reasonably and practically identified or\nallocated to permanent disposal facilities, over the life of such\nfacilities, and the low-level radioactive waste disposed of at such\nfacilities, including without limitation, all costs and expenses\nassociated with: development, licensing, operation, maintenance, and\nmeeting debt service requirements, or requirements for repayment of\nexpenditures from appropriations for capital costs of such facilities,\nwhich requirements are due after such facilities begin accepting\nlow-level radioactive waste; establishing reserves, including but not\nlimited to reserves for decontamination and decommissioning, closure and\npost-closure care, and contingencies, including but not limited to\npotential accidents, damages, and injuries; and making any payments in\nlieu of taxes or fees for local assistance and repayments of any amounts\nexpended from appropriations for aid to localities with respect to\npermanent disposal facilities, provided, however, that all capital costs\nincurred prior to the receipt and acceptance of low-level radioactive\nwaste at the disposal facilities shall be recovered in a period of not\nless than twenty years after such receipt and acceptance.\n  c. (i) During the period before the commencement of operation of\npermanent disposal facilities owned or operated by the authority,\nexpenditures from appropriations to the departments of environmental\nconservation and health and the commission for siting low-level\nradioactive waste disposal facilities for the purpose of implementing\nthe low-level radioactive waste management act shall be recovered\nthrough assessment against United States nuclear regulatory commission\nlicensees for nuclear electric generating facilities located in the\nstate of New York which have full power operating licenses. For the\nstate fiscal year ending March thirty-first, nineteen hundred\neighty-seven and each successive state fiscal year until commencement of\noperation of the permanent disposal facilities, the chairman of the\nauthority shall estimate such expenditures and shall assess such\nestimated expenditures on a pro rata basis in proportion to the number\nof reactors with full power operating licenses of each such licensee.\nFor the assessment for the state fiscal year ending March thirty-first,\nnineteen hundred eighty-seven, such estimated expenditures shall be\nbased upon actual appropriations available to such state agencies for\nsuch fiscal year for such purpose and shall be billed by the authority\nas soon as practicable after the effective date of the low-level\nradioactive waste management act and paid by such licensees not later\nthan December thirty-first, nineteen hundred eighty-six. For the\nassessment for each subsequent fiscal year, such estimated expenditures\nshall be based upon the proposed appropriations to such state agencies\nfor such purpose, net of any over or under assessment for prior fiscal\nyears compared to the latest available data on such expenditures for\nsuch prior fiscal years, and shall be billed by the authority on or\nbefore February first preceding such fiscal year and paid on or before\nApril first of such fiscal year; provided, however, that a licensee may\nelect to make partial payments for such assessments on March tenth of\nthe preceding fiscal year and on June tenth, September tenth, and\nDecember tenth of such fiscal year.  Each such partial payment shall be\nan amount not less than twenty-five per centum of the total annual\nassessment against such licensee for the relevant fiscal year. The\nauthority shall establish and maintain records to account for\nassessments made against and received from each licensee. Upon receipt\nof such assessments, and pursuant to an agreement with the director of\nthe budget, the authority shall transmit to the state comptroller such\namount as shall be required to reimburse actual expenditures made and\nsubject to assessment. The amounts so assessed, notwithstanding their\nassessment, shall be included as cost and expenses for purposes of\ncomputing and imposing rates, charges, or other fees pursuant to\nparagraphs a and b of this subdivision. In imposing such rates, charges,\nor other fees pursuant to such paragraph b, the authority shall provide\na credit to the assessed licensees until such time as the aggregate of\nall such credits for a licensee shall equal the actual assessments paid\nby such licensee, plus interest at a reasonable market rate.\n  (ii) In the calculation of the assessment due pursuant to this\nparagraph for any fiscal year beginning on or after April first,\nnineteen hundred ninety-seven, the net of any over or under assessment\nfor fiscal years ending on or before March thirty-first, nineteen\nhundred ninety-six, shall be deemed to be zero.\n  d. (i) The authority may refuse to accept at facilities established\npursuant to section eighteen hundred fifty-four-b of this title any\nlow-level radioactive waste generated by a person who has failed to\nsubmit to the authority, the one or more reports required by the\nauthority pursuant to subdivision one of this section.\n  (ii) The proceeds of any penalty or interest collected pursuant to\nsubparagraph (i) of paragraph a of subdivision three of this section\nshall be remitted to the authority for the purposes of the low-level\nradioactive waste management act.\n  3. Violations. a. Any failure or refusal to file a report, return, or\nother documentation, or related information, required pursuant to the\nprovisions of this section shall be deemed a violation of the provisions\nof, and a failure to perform a duty imposed by, this section and shall\nbe subject to the following civil and criminal penalties:\n  (i) By a civil penalty, in the case of a first violation, not to\nexceed five thousand dollars, and in the case of a second or subsequent\nviolation, a civil penalty not to exceed ten thousand dollars; which\npenalty may be assessed and collected by a court in any action or\nproceeding pursuant to subparagraph (ii) of this paragraph in addition\nto any criminal penalty which may be assessed for such violation.\n  (ii) By a misdemeanor, in the case of a willful violation by a person\nhaving any of the culpable mental states defined in section 15.05 of the\npenal law, which shall be deemed a misdemeanor, and upon a first\nconviction thereof, by a fine not to exceed five thousand dollars, or by\nimprisonment for a term of not more than six months, or both such fine\nand imprisonment; and, upon a second or subsequent conviction thereof,\npunishment by a fine not to exceed ten thousand dollars, or by\nimprisonment for a term of not more than one year, or by both such fine\nand imprisonment.\n  b. The attorney general shall institute such civil proceedings as the\nauthority may request for the purpose of enforcing the provisions of\nthis section, and such criminal proceedings as the authority may request\nfor the purpose of prosecuting criminal violations of this section.\n  4. Upon appropriation or other legislative authorization and\nconsistent with a repayment agreement executed with the director of the\nbudget, the authority shall repay from the special account established\npursuant to subparagraph (ii) of paragraph a of subdivision two of this\nsection to the general fund, capital projects fund, or any other fund\nall amounts expended from appropriations made to the authority, the\ndepartment of environmental conservation, the commission for siting\nlow-level radioactive waste disposal facilities, the department of\nhealth, or the department of labor for actual and incremental expenses\nin the selection, development, licensing, construction, operation,\nmaintenance, decontamination and decommissioning, closure and\npost-closure care of low-level radioactive waste management facilities,\nincluding any regulatory program associated therewith, or for aid to\nlocalities.\n  5. The authority may establish reasonable terms and conditions for\nreceipt, acceptance or disposal of low-level radioactive waste at any\nfacilities developed pursuant to section eighteen hundred fifty-four-c\nof this title, including but not limited to packaging, identification of\nthe nature and sources of the waste and the generators, shippers, or\ncarriers of such waste, or other persons having any care or custody of\nsuch waste from the place of generation to arrival at such facilities,\nand requirements for bonds, insurance, or other forms of financial\nprotection or assurance of performance by persons responsible for such\nwaste.\n  6. Title to any low-level radioactive waste shall at all times remain\nin the generator of such waste, including the period following\nacceptance of such waste by the authority at the permanent disposal\nfacilities. Acceptance at permanent disposal facilities shall not occur\nuntil completion of such inspection and examination of the waste and\ndetermination of compliance with applicable terms and conditions,\nincluding but not limited to payment of applicable fees, as the\nauthority may require.\n  7. Notwithstanding the provisions of subdivision twelve of section\neighteen hundred fifty-five of this title, the authority shall enter\ninto agreements to pay annual sums in lieu of taxes to any municipality\nor taxing district of the state with respect to any real property\nacquired and held by the authority in the state or improvements to any\nreal property held by the authority in the state, which real property\nwas acquired or improvements were made after the effective date of the\nlow-level radioactive waste management act and for the purposes of such\nact; provided, that any amount so paid shall be recovered through rates,\ncharges, or other fees applicable to disposal of low-level radioactive\nwaste, pursuant to subdivision two of this section.\n  8. Actions by the authority pursuant to the provisions of section\neighteen hundred fifty-four-c of this title shall be subject, where\napplicable, to the environmental and judicial review provisions set\nforth in article twenty-nine of the environmental conservation law.\n
N.Y. ENV Law § 9-0901 — New York Code / Act ENV / Article 9 / Title 9 / Section 9-0901
Jurisdiction of certain parks and reservations
Status: in_force

§ 9-0901. Jurisdiction of certain parks and reservations.\n  The department shall have care, custody, control and management of the\nCrown Point reservation in Essex county and Lake George battlefield\npark.\n
N.Y. PBA Law § 1207-I — New York Code / Act PBA / Article 5 / Title 9 / Section 1207-I
Rates of fare while bonds, notes and other obligations are outstanding
Status: in_force

§ 1207-i. Rates of fare while bonds, notes and other obligations are\noutstanding. Notwithstanding the provisions of section twelve hundred\nfive of this title or the provisions of any other law to the contrary,\nso long as the authority shall have outstanding and unpaid bonds, notes\nor other obligations issued pursuant to section twelve hundred seven-b\nof this title, or the metropolitan transportation authority or\nTriborough bridge and tunnel authority shall have outstanding and unpaid\nbonds, notes or other obligations secured by or payable from, in whole\nor in part, the revenues, assets or other monies of the authority or its\nsubsidiary corporations, the authority shall have the power at all times\nto fix or adjust the rate or rates of fare to be charged for the use of\nany transit facility operated by the authority as may, in the judgment\nof the board, be necessary to produce sufficient revenues to pay, as the\nsame shall become due, the principal of and interest on such bonds,\nnotes and other obligations of the authority, metropolitan\ntransportation authority and Triborough bridge and tunnel authority,\ntogether with the maintenance of proper reserves therefor, in addition\nto paying as the same shall become due the expenses of operation of the\nauthority. The authority, metropolitan transportation authority and\nTriborough bridge and tunnel authority, shall be authorized to contract\nwith the holders of such bonds notes and other obligations with respect\nto the exercise of the power authorized by this section. In furtherance\nof the mandate of the metropolitan transportation authority to develop\nand implement a unified mass transportation policy for the metropolitan\ncommuter transportation district and the exercise of its powers,\nincluding the power to issue notes, bonds and other obligations secured\nin whole or in part by the revenues of the authority and its\nsubsidiaries, metropolitan transportation authority and its\nsubsidiaries, and the Triborough bridge and tunnel authority, the\nauthority shall join with the metropolitan transportation authority in\nconnection with the establishment, levy and collection of fares, tolls,\nrentals, rates, charges and other fees for the transportation of\npassengers on any transit facilities operated by authority and its\nsubsidiaries, including any changes thereto.\n
N.Y. PBA Law § 734 — New York Code / Act PBA / Article 3 / Title 9 / Section 734
Application of consistent provisions
Status: in_force

§ 734. Application of consistent provisions. All of the provisions of\ntitle eight of article three and of title three of article six of this\nchapter, so far as the same are applicable and not inconsistent with\nthis title, shall apply to the Ogdensburg bridge and port authority;\nprovided, however, that the provisions of title eight of article three\nshall supersede the provisions of title three of article six, in the\nevent that the same are inconsistent.\n
N.Y. PBA Law § 1854 — New York Code / Act PBA / Article 8 / Title 9 / Section 1854
Purposes and specific powers of the authority
Status: in_force

§ 1854. Purposes and specific powers of the authority. * The purposes\nof the authority shall be to develop and implement new energy\ntechnologies and invest in build-ready sites, as defined in subdivision\neight of section nineteen hundred one of this article, consistent with\neconomic, social and environmental objectives, to develop and encourage\nenergy conservation technologies, to promote, develop, encourage and\nassist in the acquiring, constructing, improving, maintaining, equipping\nand furnishing of industrial, manufacturing, warehousing, commercial,\nresearch and industrial pollution control facilities at the Saratoga\nResearch and Development Center, and to promote, develop, encourage and\nassist special energy projects and thereby advance job opportunities,\nhealth, general prosperity and economic welfare of the people of the\nstate of New York. In carrying out such purposes, the authority shall,\nwith respect to the activities specified, have the following powers:\n  * NB Effective until December 31, 2030\n  * The purposes of the authority shall be to develop and implement new\nenergy technologies consistent with economic, social and environmental\nobjectives, to develop and encourage energy conservation technologies,\nto promote, develop, encourage and assist in the acquiring,\nconstructing, improving, maintaining, equipping and furnishing of\nindustrial, manufacturing, warehousing, commercial, research and\nindustrial pollution control facilities at the Saratoga Research and\nDevelopment Center, and to promote, develop, encourage and assist\nspecial energy projects and thereby advance job opportunities, health,\ngeneral prosperity and economic welfare of the people of the state of\nNew York. In carrying out such purposes, the authority shall, with\nrespect to the activities specified, have the following powers:\n  * NB Effective December 31, 2030\n  1. Research, development and demonstration. To conduct, sponsor,\nassist and foster programs of research, development and demonstration in\nnew energy technologies including but not limited to (a) energy\nconservation, (b) production of power from new sources with emphasis on\nrenewable energy sources such as solar, wind, bioconversion and solid\nwaste, (c) storage of energy with emphasis on inertial and battery\nstorage, (d) conversion and/or technological improvement of facilities\nnow utilizing nuclear fission energy and fossil fuel energy\ntechnologies, (e) transmission and distribution of power, and (f)\nconversion of energy and improvements of efficiencies of such\nconversion, including the power after assessing and taking into account\nenvironmental considerations thereof, to establish, acquire, operate,\ndevelop and manage facilities therefor.\n  2. The provision of services. To provide services required for the\ndevelopment and use of new energy technologies and related methods by\nthe industrial, commercial, medical, scientific, public interest,\neducational and governmental organizations within the state, including\nthe power to establish, acquire and develop facilities therefor not\notherwise available within the state, and to operate and manage such\nfacilities.\n  3. Cooperation with gas and power companies. To contract with or enter\ninto joint undertakings with any gas or power company, or power\nauthority of the state of New York, or more than one of them, to\n  (a) Participate in the construction and operation of experimental or\ndevelopmental facilities which implement new energy technologies which\nhave prospects of reducing the economic, environmental and social costs\nof energy production and utilization.\n  (b) Participate in the incorporation of features, including facilities\nwhich incorporate new energy technologies, in nuclear power plants and\nthe construction of associated facilities to the extent required by the\npublic interest in development, health, recreation, safety, conservation\nof natural resources and aesthetics.\n  (c) Participate in the incorporation of features, including facilities\nwhich incorporate new energy technologies, in fossil fuel power plants\nand the construction of associated facilities to the extent required by\nthe public interest in development, health, recreation, safety,\nconservation of natural resources and aesthetics.\n  (d) Participate in the construction of facilities to be used for the\nfurnishing of electric energy or gas to the extent required by the\npublic interest in development, health, recreation, safety, conservation\nof natural resources and aesthetics.\n  (e) Develop, prepare, and furnish by sale or lease real property\nowned, held, or acquired by the authority within the state to be used\nfor the construction and operation of generating facilities based on new\nenergy technologies and related facilities, provided that no such\ncontract or joint venture shall be entered into which shall permit the\nauthority to distribute or sell any power or energy to any person or\nentity other than the other contracting party or parties or joint\nventurer or venturers, and provided further that all power and energy\nreceived by power authority of the state of New York, pursuant to any\nsuch contract or joint venture, shall be distributed and sold only to\nsuch persons as power authority of the state of New York may sell power\npursuant to law.\n  4. Water desalination. To contract with one or more water distribution\ncompanies or agencies to participate in the construction and operation\nof power generating facilities for the purpose of desalination or\ndistribution of water, and to develop, prepare, and furnish by sale or\nlease, real property owned, held or acquired by the authority within the\nstate to be used for the construction and operation of such facilities\nand facilities related thereto, provided that the authority shall not\nenter into any such contract relating to any such facility which also\nproduces electric power for purposes of sale unless the authority also\ncontracts with one or more power companies with respect to the\nconstruction and operation of such facility and the distribution and use\nof such power.\n  5. The dissemination of information. To accumulate and disseminate\ninformation relating to the development and use of new energy\ntechnologies and energy conservation technologies, including the power\nto conduct, sponsor, assist and foster studies and surveys, and publish\nthe results thereof.\n  6. (a) To continue, modify, amend, or terminate such contractual\nagreements as may be in force at the effective date of this subdivision\nwith regard to the Western New York Nuclear Service Center and the\nSaratoga Research and Development Center, or take such other action as\nthe authority may deem necessary or appropriate with respect to such\nCenters in the furtherance of the public interest in safe, reliable and\neconomical energy supplies or protection of public health and safety and\nthe environment.\n  (b) (i) Notwithstanding the provisions of any general or special law\nto the contrary, the director of the budget and the chair of the\nauthority are each authorized to enter into one or more service\ncontracts, and to amend or supplement any existing service contract,\nwith respect to programs, projects, and activities of the authority\npursuant to this subdivision, upon such terms as the director of the\nbudget and the chair of the authority may agree, including, but not\nlimited to, provisions relating to the respective obligations of the\nstate and the authority with respect to administration, management,\nmaintenance, and use of the real property at the Western New York\nNuclear Service Center held by the authority, design, construction,\nmodification, operation, and maintenance of facilities thereon, and\nimplementation of programs, projects, or activities to improve or\ncorrect conditions thereon, including, but not limited to, the West\nValley demonstration project, and provisions providing for the payment\nof (A) all fees and charges of, and expenses and other non-asset costs\nof financing incurred by, the authority in connection with the issuance\nand administration of special obligation bonds or notes to pay for or\nreimburse the state with respect to such actions, and (B) all debt\nservice payments on such bonds and notes. Provided, however, that the\naggregate net proceeds of any such bonds or notes issued, excluding any\nbonds or notes issued for the purpose of refunding other bonds and notes\nissued under this subdivision, shall not exceed the aggregate of amounts\nappropriated for such actions in the state fiscal year ending March\nthirty-one, nineteen hundred ninety-three and any state fiscal year\nthereafter up to and including the state fiscal year ending March\nthirty-first, nineteen hundred ninety-nine, not including amounts to be\napplied to the payment of all fees and other charges of, and expenses\nand other non-asset costs of financing incurred by, the authority in\nconnection with the issuance and administration of such bonds and notes;\nand, capitalized interest and debt service reserve funds established for\nsuch bonds or notes and the acquisition of insurance, letters of credit\nor other credit enhancement or liquidity facilities obtained in\nconnection with such bonds or notes.\n  (ii) Of the moneys expended from appropriations made for the legal\nrequirements of the state debt service and lease purchase payments and\nother special contractual obligations, for payment to the authority for\npayment of principal and interest on bonds issued to finance activities\nat the Western New York Nuclear Service Center pursuant to one or more\nservice contracts between the state and the authority, an amount not to\nexceed the amount of such payment as determined by the director of the\nbudget shall be reimbursed to the comptroller according to a schedule\ndetermined by the director of the budget, for deposit in the general\ndebt service fund, by the authority.\n  (iii) Any such contract entered into pursuant to subparagraph (i) of\nthis paragraph shall not exceed thirty years in duration and shall\nprovide that the obligation of the state to fund or to pay the amounts\ntherein provided for shall not constitute a debt of the state within the\nmeaning of any constitutional or statutory provision and shall be deemed\nexecutory only to the extent of moneys available therefor and that no\nliability shall be incurred by the state beyond the moneys available for\nsuch purpose, and that such obligation is subject to annual\nappropriation by the legislature.\n  (iv) Any such contract or any payments made or to be made thereunder\nmay be assigned and pledged by the authority as security for its bonds\nand notes issued to pay for or reimburse the state with respect to\nactions undertaken pursuant to this subdivision.\n  (v) The comptroller is authorized to receive from the authority any\nportion of proceeds of special obligation bonds or notes issued to pay\nfor or reimburse the state with respect to actions undertaken pursuant\nto this subdivision and to credit such amounts to the capital projects\nfund or any other appropriate fund.\n  7. To advise the legislature of recommendations for implementing new\nenergy technologies and energy conservation measures, annually or so\noften as the authority shall deem appropriate.\n  8. Special energy projects. (a) To extend credit and make loans from\nbond proceeds to any person for the construction, acquisition,\ninstallation, reconstruction, improvement, maintenance, equipping,\nfurnishing or leasing of any special energy project or for the\nreimbursement to any person for costs incurred in connection with a\nspecial energy project completed or not completed at the time of such\ncredit or loan, which credits or loans may, but need not, be secured by\nmortgages, contracts, leases or other instruments, upon such terms and\nconditions as the authority shall determine reasonable in connection\nwith such credits or loans.\n  (b) In the exercise of powers granted in paragraph a of this\nsubdivision in connection with any special energy project, to require\nthe inclusion in any contract, lease, loan agreement or other instrument\nof such provisions for the financing of such project and such other\nfinancial or other covenants as the authority may deem necessary or\ndesirable and to do all things and to execute all instruments necessary\nand desirable in connection therewith; provided, however, that no\ncontract, lease, loan agreement or other agreement entered into by the\nauthority in furtherance of this authorization shall permit the\nauthority to distribute or sell any power or energy to any person other\nthan a contracting party.\n  10. To coordinate the state's administration of any energy or energy\nresource programs of the federal government, including but not limited\nto those concerned with conservation, allocation, management or\neducation, and to formulate and from time to time revise a state energy\nconservation plan to be submitted pursuant to the federal Energy Policy\nand Conservation Act of 1975 last amended by Pub. L. 102-486, Title I,\n§123(a).\n  10-a. (a) To administer the air pollution mitigation fund established\npursuant to section ninety-nine-g of the state finance law and\nconsisting of moneys collected by the public service commission as an\nair pollution mitigation offset pursuant to subdivision two of section\nsixty-six-k of the public service law.\n  (b) To disburse moneys from such fund for the following purposes: (i)\nto reduce acid precipitation through energy efficiency, or through\npublic benefit research and development, including, but not limited to,\nrenewable energy; or (ii) the monitoring of, or research related to, the\nimpact of acid precipitation deposition.\n  (c) To establish guidelines pertaining to the allocation of moneys\nfrom such fund.\n  11. To advise and assist the governor and the legislature in the\ndevelopment and implementation of state policies relating to energy and\nenergy resources.\n  12. To require and receive from any agency of the state or any\npolitical subdivision thereof assistance and data.\n  13. To act as a central repository and clearinghouse for information\non all energy and energy resource related matters including, but not\nlimited to, the availability and use of the most energy efficient and\nenvironmentally sensitive outdoor lighting available for public and\nprivate uses.\n  14. To apply for and to administer federal research and development\ngrants and other monies for the benefit of consumers.\n  15. To prepare an integrated resource plan specifying actions to be\ntaken in the event of the declaration by the governor of an energy or\nfuel supply emergency pursuant to section 5-117 of the energy law.\n  16. To promulgate energy use standards after consultation with the\ncommissioner of the office of general services for the purchase, lease,\nuse or maintenance of state buildings and equipment.\n  17. To implement the provisions of sections 5-108, 5-111, 5-113 and\n5-117 of article five and articles six, seven, eight and ten of the\nenergy law.\n  18. To provide for the deposit of all or a portion of the proceeds\ncollected by the authority from the auction or sale of emission\nallowances allocated by the department of environmental conservation to\nthe authority pursuant to regulations adopted by the department of\nenvironmental conservation to a green jobs-green New York fund to be\nestablished in the custody of the commissioner of taxation and finance.\nThe monies in such fund shall be available for the green jobs-green New\nYork program pursuant to title nine-A of article eight of this chapter.\n  19. To, on its own or through a qualified entity, directly or\nindirectly, and in consultation with the department of public service:\n  (a) develop and administer a generation attribute tracking system that\nrecords generation attribute information within the state, and processes\ngeneration attribute information from energy outside the state that is\nimported to and consumed within the state, as a basis for creating\ngeneration attribute certificates;\n  (b) assign initial ownership of generation attribute certificates;\n  (c) provide for the transfer or conveyance, ownership and retirement\nof generation attribute certificates;\n  (d) obtain generation, delivery and consumption information from\nindependent system operators, generators, public utility companies, and\nretail load-serving entities producing, delivering or selling\nelectricity in the state, including, but not limited to, "electric\ncorporations" as defined under subdivision thirteen of section two of\nthe public service law, "cooperatives" as defined under subdivision (a)\nof section two of the rural electric cooperative law, and any publicly-\nor municipally-owned utilities, including the power authority of the\nstate of New York and the Long Island power authority, deemed necessary\nby the authority to verify or supplement such generation attribute\ntracking system;\n  (e) facilitate participation in, and use of, such generation attribute\ntracking system by buyers, sellers and brokers with respect to the\nownership, transfer or conveyance, and retirement of generation\nattribute certificates; and\n  (f) perform such additional activities as may be deemed necessary by\nthe authority to ensure cooperation and the smooth exchange of\ninformation among and between the generation attribute tracking system\nand similar systems within or outside the state.\n  20. To administer a program, using funds provided for such purpose, to\nprovide a grant based on standards and guidelines established by the\nauthority for costs as follows:\n  (a) for each retail outlet that is in operation before April first,\ntwo thousand fourteen and is subject to the requirements of paragraph\n(a) of subdivision three of section one hundred ninety-two-h of the\nagriculture and markets law:\n  (i) no greater than ten thousand dollars required to prewire such\nretail outlet with an appropriate transfer switch for using an alternate\ngenerated power source as defined in section one hundred ninety-two-h of\nthe agriculture and markets law; or\n  (ii) no greater than thirteen thousand dollars required to prewire\nsuch retail outlet with an appropriate transfer switch for using an\nalternate generated power source as defined in section one hundred\nninety-two-h of the agriculture and markets law and purchase such power\nsource to be permanently affixed at the site.\n  (b) for each retail outlet that is in operation before April first,\ntwo thousand fourteen and is subject to the requirements of paragraph\n(b) of subdivision three of section one hundred ninety-two-h of the\nagriculture and markets law, no greater than ten thousand dollars\nrequired to: (i) prewire an existing retail outlet with an appropriate\ntransfer switch for using an alternate generated power source as defined\nin section one hundred ninety-two-h of the agriculture and markets law;\nand/or (ii) purchase such power source to be permanently affixed at the\nsite.\n  (c) to the extent funds are available, for retail outlets that become\noperational on or after April first, two thousand fourteen, or to which\nsubdivision two of section one hundred ninety-two-h of the agriculture\nand markets law becomes applicable after the effective date of this\nsubdivision, which grants shall otherwise be subject to the same\namounts, purposes and restrictions as paragraphs (a) and (b) of this\nsubdivision.\n  (d) to the extent funds are available, for retail outlets that\nvoluntarily apply before April first, two thousand fifteen and are\nlocated on a strategic upstate highway as defined in paragraph (e) of\nthis subdivision or within one-half mile by road measurement from an\nexit road on a strategic upstate highway, in such amounts and for such\npurposes as set forth in subparagraphs (i) and (ii) of paragraph (a) of\nthis subdivision.\n  (e) "Strategic upstate highway" means the following:\n  (i) I-87 beginning at the Rockland-Orange county line thence northerly\npassing through or in the vicinity of Albany to the intersection with\nI-90, the foregoing route being a portion of the New York state thruway;\nthence continuing northerly to the New York-Canada border;\n  (ii) I-90 beginning at I-87 in the vicinity of Albany thence westerly\npassing through or in the vicinity of Schenectady, Utica, Syracuse,\nRochester, and Buffalo; thence continuing southwesterly to the New\nYork-Pennsylvania border, the foregoing route being a portion of the New\nYork state thruway;\n  (iii) the Berkshire section of the New York state thruway beginning at\nI-87 thence easterly to the intersection with I-90 and continuing on\nI-90 to the New York-Massachusetts border;\n  (iv) I-84 beginning at the New York-New Jersey border thence easterly\npassing through or in the vicinity of Newburgh, thence continuing\neasterly and southeasterly to the New York-Connecticut border;\n  (v) I-88 beginning at I-81 in the vicinity of Binghamton thence\nnortheasterly to I-90 in the vicinity of Schenectady;\n  (vi) I-86/State Route 17 beginning at I-87 in the vicinity of Woodbury\nthence westerly and northwesterly passing through or in the vicinity of\nBinghamton, Elmira, and Jamestown, continuing to the New\nYork-Pennsylvania border;\n  (vii) I-81 beginning at the New York-Pennsylvania border thence\nnortherly passing through or in the vicinity of Syracuse and Watertown,\ncontinuing to the New York-Canada border;\n  (viii) I-390 beginning at I-86 in the vicinity of Avoca thence\nnorthwesterly and northerly to I-490 in the vicinity of Rochester; and\n  (ix) I-190 beginning at I-90 in the vicinity of Buffalo, thence\nwesterly, northwesterly, and northerly through Buffalo, across Grand\nIsland, the foregoing route being a portion of the New York state\nthruway, and thence generally westerly to the United States-Canada\nborder in the vicinity of Lewiston.\n  The authority may offer any funds provided for such purpose and not\nexpended to retail outlets that are not included in paragraphs (a)\nthrough (d) of this subdivision but that voluntarily seek to participate\nin such program.\n  21. To administer a program to establish a pool of generators for\nretail outlets as defined in section one hundred ninety-two-h of the\nagriculture and markets law. The authority may enter into or facilitate\ncontracts, lease agreements and any other instruments subject to the\nprovisions of law, with companies providing generators and generator\nservices to provide for such pool and the deployment and installation of\ngenerators in the pool. Retail outlets that elect to participate in the\nprogram and are subject to the requirements of paragraph (a) of\nsubdivision three of section one hundred ninety-two-h of the agriculture\nand markets law shall be required only to pay the actual cost of\ngenerator rental, deployment and installation in the event that\nemergency deployment is required, provided, that a participant must\nabide by the terms of any contract or written agreement covering the\nrental, deployment and installation of such generator. In the event that\nan insufficient number of generators is available to meet required\nemergency deployment, the authority in consultation with the\ncommissioner of homeland security and emergency services shall\nprioritize such retail outlets as are most essential to public safety\nand well-being during the energy or fuel supply emergency. When\ngenerators from such program are deployed, the authority shall provide\npublic notice on its website, to the media and through other means\npracticable of those retail outlets where generators are deployed.\n  22. To administer a program to provide technical assistance to school\ndistricts, school bus fleet operators and public transportation systems\non managing zero-emission vehicle fleets and the charging or fueling\ninfrastructure for such zero-emission vehicle fleets.\n  23. No later than December thirty-first, two thousand twenty-five, and\nannually thereafter, the authority shall issue a report on the\navailability of zero-emission school buses and charging or fueling\ninfrastructure that meet the criteria established in subdivision two of\nsection thirty-six hundred thirty-eight of the education law. The\nauthority shall provide technical assistance to school districts, upon\nrequest, in pursuing state and federal grants and other funding\nopportunities to support the purchase and contracting requirements set\nforth in subdivision two of section thirty-six hundred thirty-eight of\nthe education law.\n  24. All revenues generated pursuant to regulations or actions taken by\nthe department, the authority or any other state entity, pursuant to\nsections 75-0107 and 75-0109 of the environmental conservation law,\nshall be placed into a segregated authority funding account, established\npursuant to section eighteen hundred fifty-nine of this title, prior to\nprogrammatic or administrative allocation, and shall not be commingled\nwith other authority funds.\n  25. Within thirty days following receipt of revenues generated\npursuant to regulations or actions taken by the department, the\nauthority or any other state entity pursuant to sections 75-0107 and\n75-0109 of the environmental conservation law, the authority shall make\nthe following transfers from such segregated authority funding account:\n  (a) Not less than thirty percent to the New York climate action fund\nconsumer climate action account established pursuant to section\nninety-nine-qq of the state finance law;\n  (b) Up to three percent to the New York climate action fund industrial\nsmall business climate action account established pursuant to section\nninety-nine-qq of the state finance law; and\n  (c) Not less than sixty-seven percent to the New York climate action\nfund climate investment account established pursuant to section\nninety-nine-qq of the state finance law.\n  26. Climate affordability study. The authority and the department of\nenvironmental conservation, in consultation with the division of the\nbudget, the department of public service, and the department of taxation\nand finance, shall conduct a study and issue a report with\nrecommendations for the use of moneys transferred to the consumer\nclimate action account established pursuant to section ninety-nine-qq of\nthe state finance law. Such report shall be guided by the final scoping\nplan prepared pursuant to section 75-0103 of the environmental\nconservation law and shall consider, among other things: (a) structure\nand distribution of benefits in an equitable manner, accounting for\npotential disproportionate impacts to low-income households and\ndisadvantaged communities; (b) implementation of a variety of mechanisms\nto meet the varied needs of the people of the state, which may include\ndirect payments, tax credits, transit vouchers, utility assistance, or\nother financial benefits that are reasonable and practicable; (c)\nfinancial benefits that ensure that individuals receiving means-tested\ngovernment assistance receive benefits that will not constitute income\nfor purposes of any such means-tested government assistance programs;\nand (d) benefit programs that limit the administrative effort required\nof recipients. Such study shall be completed by the first of January,\ntwo thousand twenty-four, and shall be delivered to the governor and the\nlegislature.\n  In exercising the powers granted by this title, the authority shall,\ninsofar as practicable, cooperate and act in conjunction with\nindustrial, commercial, medical, scientific, public interest and\neducational organizations within the state, and with agencies of the\nfederal government, of the state and its political subdivisions, of\nother states, and joint agencies thereof.\n  In carrying out its corporate purposes and in exercising the powers\ngranted by this title, the authority shall be regarded as performing an\nessential governmental function.\n
N.Y. PBA Law § 376 — New York Code / Act PBA / Article 2 / Title 9 / Section 376
Further additional powers of the authority
Status: in_force

§ 376. Further additional powers of the authority. The authority shall\nhave the power, in addition to the powers granted in other sections of\nthis title:\n  1. (a) To enter into a cooperative highway contractual agreement or\nagreements with the commissioner of transportation for the financing by\nthe authority of expenditures made in advance by the state for design,\nacquisition, construction, reconstruction or the reconditioning and\npreservation of transportation facilities pursuant to the provisions of\nsection eighty-eight-b of the state finance law, state highways, state\nparkways, state arterial highways in cities and related facilities and\nstructures thereon, including bridges, the reconditioning and\npreservation of structures separating highways and railroads, and the\ntraffic operations program to increase capacity and safety on existing\nstreet and highway systems in urban areas, capacity and infrastructure\nimprovements to state, county, town, city or village roads, highways,\nparkways and bridges, in any case where the expense thereof is paid in\nwhole or in part by the state.\n  (b) To issue use permits to the commissioner of transportation for\nprojects financed by the authority of expenditures made in advance by\nthe state in accordance with the provisions of a cooperative highway\ncontractual agreement or agreements provided, that such projects are\nmaintained and operated under the supervision of the department of\ntransportation or the municipal agency designated by the commissioner of\ntransportation without cost to the New York State thruway authority for\nthe full term of such agreement or agreements, and, provided further\nthat such use permit shall be granted by the authority for the use of\nsuch projects by the department of transportation or the municipal\nagency designated by the commissioner of transportation on a toll free\nbasis.\n  2. From time to time to issue emergency highway reconditioning and\npreservation bonds and notes for the purposes of this section. All the\nprovisions of this title relating to bonds and notes, which are not\ninconsistent with the provisions of this section, shall apply to the\nbonds and notes authorized by this section. The authority shall not\nissue emergency highway reconditioning and preservation bonds and notes\nin an aggregate principal amount exceeding: (a) one hundred million\ndollars, excluding bonds issued to refund outstanding notes, in the\nperiod from April first, nineteen hundred seventy-two through March\nthirty-first, nineteen hundred eighty-two; and (b) an additional one\nhundred thirty-six million dollars, excluding bonds issued to refund\noutstanding notes, on or after April first, nineteen hundred eighty-two\nbut before April first, nineteen hundred eighty-six.\n  2-a. From time to time issue emergency highway construction and\nreconstruction bonds and notes for the purposes of this section. All the\nprovisions of this title relating to bonds and notes which are not\ninconsistent with the provisions of this section shall apply to the\nbonds and notes authorized by this section. The authority shall not\nissue emergency highway construction and reconstruction bonds and notes\nin an aggregate principal amount exceeding: (a) one hundred million\ndollars, excluding bonds or notes issued to refund outstanding bonds or\nnotes, before April first, nineteen hundred ninety and (b) an additional\nthirty-four million dollars, excluding bonds or notes issued to refund\noutstanding bonds or notes, on or after April first, nineteen hundred\nninety and (c) an additional ninety-three million dollars, excluding\nbonds or notes, issued to refund outstanding bonds or notes on or after\nApril first, nineteen hundred ninety-one and (d) an additional ninety\nmillion dollars, excluding bonds or notes issued to refund outstanding\nbonds or notes, on or after April first, nineteen hundred ninety-two.\n  2-b. From time to time to enter into agreements with the commissioner\nof transportation to finance the capital costs of projects authorized\npursuant to section eighty-eight-b of the state finance law, and to\nissue bonds and notes for capital projects approved by metropolitan\nplanning organizations or transportation coordinating committees\npursuant to the provisions of such section eighty-eight-b. All the\nprovisions of this title relating to bonds and notes which are not\ninconsistent with the provisions of this section shall apply to the\nbonds and notes authorized by this section. No bonds or notes shall be\nissued for the purposes authorized by this subdivision after the\nthirty-first day of March, two thousand.\n  2-c. From time to time to issue additional emergency highway\nreconditioning and preservation bonds and notes for the purposes of this\nsection. All the provisions of this title relating to bonds and notes,\nwhich are not inconsistent with the provisions of this section, shall\napply to the bonds and notes authorized by this section. The authority\nshall not issue such additional emergency highway reconditioning and\npreservation bonds and notes in an aggregate principal amount exceeding\n(a) forty-eight million dollars, excluding bonds or notes issued to\nrefund outstanding bonds or notes, on or after April first, nineteen\nhundred ninety, and (b) an additional eighty-four million dollars\nexcluding bonds or notes issued to refund outstanding bonds or notes on\nor after April first, nineteen hundred ninety-one, and (c) an additional\neighty-five million dollars, excluding bonds or notes issued to refund\noutstanding bonds or notes, on or after April first, nineteen hundred\nninety-two.\n  3. In addition to the provisions authorized by this title any\nresolution or resolutions authorizing any bonds or notes for the\npurposes of this section may contain provisions which may be a part of\nthe contract with the holders of such bonds providing for the creation\nand establishment and maintenance of reserve funds and payments to such\nreserve funds as hereinafter in this subdivision set forth.\n  The authority may create and establish reserve funds to be known as\nthe emergency highway reconditioning and preservation debt service\nreserve fund, the emergency highway construction and reconstruction debt\nservice reserve fund and the suburban transportation debt service\nreserve fund and may pay into such reserve funds (a) moneys made\navailable by the state for the purposes of such funds from the emergency\nhighway reconditioning and preservation fund, or the emergency highway\nconstruction and reconstruction fund or the suburban transportation fund\nas created by section eighty-nine, eighty-nine-a or eighty-eight-b of\nthe state finance law, respectively; (b) any proceeds of sale of bonds\nand notes to the extent provided in the resolution of the authority\nauthorizing the issuance thereof; and (c) any other moneys which may be\nmade available to the authority for the purposes of such funds from any\nother source or sources. The moneys held in or credited to such debt\nservice reserve funds established under this subdivision, except as\nhereinafter provided, shall be used solely for the payment of the\nprincipal of bonds of the authority secured by such reserve funds, as\nthe same mature, the purchase of such bonds of the authority, the\npayment of interest on such bonds of the authority or the payment of any\nredemption premium required to be paid when such bonds are redeemed\nprior to maturity; provided, however, that moneys in any such funds\nshall not be withdrawn therefrom at any time in such amount as would\nreduce the amount of such funds to less than the maximum amount of\nprincipal and interest maturing and becoming due in any succeeding\ncalendar year on the bonds of the authority then outstanding and secured\nby such reserve funds, except for the purpose of paying principal and\ninterest on the bonds of the authority secured by such reserve funds\nmaturing and becoming due and for the payment of which other moneys of\nthe authority are not available. Any income or interest earned by, or\nincrement to, any such debt service reserve funds due to the investment\nthereof may be transferred to any other fund or account of the authority\nestablished for the purposes of this section to the extent it does not\nreduce the amount of such debt service reserve funds below the maximum\namount of principal and interest maturing and becoming due in any\nsucceeding calendar year on all bonds of the authority then outstanding\nand secured by such reserve funds.\n  4. The authority shall not issue bonds at any time for the purposes of\nthis section if the maximum amount of principal and interest maturing\nand becoming due in a succeeding calendar year on the bonds outstanding\nand then to be issued and secured by any debt service reserve fund will\nexceed the amount of such reserve fund at the time of issuance, unless\nthe authority at the time of issuance of such bonds, shall deposit in\nsuch reserve fund from the proceeds of the bonds so to be issued, or\notherwise, an amount which together with the amount then in such reserve\nfund, will be not less than the maximum amount of principal and interest\nmaturing and becoming due in any succeeding calendar year on the bonds\nthen to be issued and on all other bonds of the authority then\noutstanding and secured by such reserve fund.\n  5. (a) To assure the continued operation and solvency of the authority\nfor the carrying out of the purposes relating to this section provision\nis made in this section for the accumulation in the debt service reserve\nfund of an amount equal to the maximum amount of principal and interest\nmaturing and becoming due in any succeeding calendar year on all bonds\nof the authority then outstanding and secured by such reserve fund. In\norder further to assure the maintenance of such debt service reserve\nfund, with respect to bonds of the authority issued pursuant to this\nsection prior to April first, nineteen hundred ninety, there shall be\nannually apportioned and paid to the authority for deposit in such debt\nservice reserve fund such sum, if any, as shall be certified by the\nchairman of the authority to the governor and state director of the\nbudget as necessary to restore such reserve fund to an amount equal to\nthe maximum amount of principal and interest maturing and becoming due\nin any succeeding calendar year on the bonds of the authority then\noutstanding and secured by such reserve fund. The chairman of the\nauthority shall annually, on or before December first, make and deliver\nto the governor and state director of the budget his certificate stating\nthe sum, if any, required to restore such debt service reserve fund to\nthe amount aforesaid, and the sum or sums so certified, if any, shall be\napportioned and paid to the authority during the then current state\nfiscal year.\n  (b) To assure the continued operation and solvency of the authority\nfor the carrying out of the purposes relating to this section, provision\nis made in this section for the accumulation in the debt service reserve\nfund of an amount equal to the maximum amount of principal and interest\nmaturing and becoming due in any succeeding calendar year on all bonds\nof the authority then outstanding and secured by such reserve fund;\nprovided however for such bonds issued by the authority after April\nfirst, nineteen hundred ninety-two, such debt service reserve fund may\nin the discretion of the authority and consistent with any covenants\nwith any existing bondholders and without impairing the rights of any\nexisting bondholders be sized in an amount equal to not less than\none-half of the maximum amount of principal and interest maturing and\nbecoming due in any succeeding calendar year on such bonds of the\nauthority then outstanding and secured by such debt service reserve\nfund. In order to further assure the maintenance of such debt service\nreserve fund, with respect to bonds of the authority issued pursuant to\nsubdivisions two-a, two-b and two-c of this section after April first,\nnineteen hundred ninety, the authority shall create a special subaccount\nin each revenue fund established pursuant to any resolution or\nresolutions authorizing such bonds. Such subaccounts shall consist of\nthe moneys available after April first, nineteen hundred ninety,\npursuant to sections two hundred eighty-two-b, two hundred eighty-two-c,\ntwo hundred eighty-four-a and two hundred eighty-four-c of the tax law,\nrespectively, in the emergency highway reconditioning and preservation\nfund reserve account established pursuant to paragraph (b) of\nsubdivision two of section eighty-nine of the state finance law and in\nthe emergency highway construction and reconstruction fund reserve\naccount established pursuant to paragraph (b) of subdivision two of\nsection eighty-nine-a of the state finance law, apportioned and paid to\nthe authority for deposit in such subaccount of the revenue fund.\nAmounts in each such subaccount shall be kept separate and shall not be\ncommingled with any other moneys in the custody of the authority.\nAmounts in each such subaccount shall be applied solely to pay such sum,\nif any, as shall semi-annually, (on such dates as are established under\nthe terms of any cooperative highway contractual agreement of the\ndepartment of transportation with the New York state thruway authority\nentered into on or after April first, nineteen hundred ninety which is\nthen in effect), be certified by the chairman of the authority to the\ngovernor and state director of the budget as necessary to provide funds\nin an amount sufficient together with other moneys available to the\nauthority for such purpose, to pay one-half of the total annual\nprincipal and interest maturing and becoming due during the next\nsucceeding twelve calendar months on all bonds of the authority issued\npursuant to subdivisions two-a, two-b and two-c of this section after\nApril first, nineteen hundred ninety and maintaining or funding debt\nservice reserve funds therefor. Any surplus of funds in excess of such\ncertified amounts remaining in each such subaccount after such payments,\nif any, have been made shall on the dates established under the terms of\nsuch cooperative highway agreements, be paid over for deposit,\nrespectively, in the emergency highway reconditioning and preservation\nfund reserve account established pursuant to paragraph (b) of\nsubdivision two of section eighty-nine of the state finance law and in\nthe emergency highway construction and reconstruction fund reserve\naccount established pursuant to paragraph (b) of subdivision two of\nsection eighty-nine-a of the state finance law.\n  6. In computing the debt service reserve fund for the purposes of this\nsection, securities in which all or a portion of such reserve fund shall\nbe invested shall be valued at par, or if purchased at less than par, at\ntheir cost to the authority.\n  7. The authorization, sale and issuance of bonds, notes or other\nobligations pursuant to this section shall not be deemed an action as\nsuch term is defined in article eight of the environmental conservation\nlaw for the purposes of such article. Such exemption shall be strictly\nlimited in its application to such financing activities of the authority\nand does not exempt the department of transportation or any other entity\nfrom compliance with such article.\n
N.Y. ENV Law § 71-0924 — New York Code / Act ENV / Article 71 / Title 9 / Section 71-0924
Illegal commercialization of fish, shellfish, crustaceans, and wildlife
Status: in_force

§ 71-0924. Illegal commercialization of fish, shellfish, crustaceans,\n             and wildlife.\n  Notwithstanding any other provision of this chapter, when a violation\ninvolves the sale, trade or barter of fish, shellfish, crustaceans,\nwildlife, or parts thereof, the sale, trade or barter of which is\nprohibited by the fish and wildlife law, the following additional\npenalties shall be imposed:\n  1. where the value of fish, shellfish, crustaceans, wildlife, or parts\nthereof, is two hundred fifty dollars or less, the offense shall be a\nviolation punishable by a fine of five hundred dollars and/or not more\nthan fifteen days of imprisonment;\n  2. where the value of fish, shellfish, crustaceans, wildlife, or parts\nthereof, is more than two hundred fifty dollars but does not exceed one\nthousand five hundred dollars, the offense shall be a misdemeanor\npunishable by a fine of five thousand dollars and/or not more than one\nyear of imprisonment;\n  3. where the value of fish, shellfish, crustaceans, wildlife, or parts\nthereof, exceeds one thousand five hundred dollars, the offense shall\nconstitute a class E felony under the provisions of the penal law; and\n  4. where the value of ivory articles, as defined in section 11-0535-a\nof this chapter, exceeds twenty-five thousand dollars, the offense shall\nconstitute a class D felony under the provisions of the penal law.\n  5. For the purposes of this section the value of fish, shellfish,\ncrustaceans and wildlife shall be the fair market value of or actual\nprice paid for such resource, whichever is greater. For purposes of this\nsection, "sale" shall include the acts of selling, trading or bartering\nand all related acts, such as the act of offering for sale, trade or\nbarter, and shall also include the illegal possession of fish,\nshellfish, wildlife or crustacea with intent to sell. It shall be\npresumptive evidence of possession with intent to sell when such fish,\nshellfish, wildlife or crustacea is possessed in quantities exceeding\nthe allowable recreational quantities, or is possessed in a retail or\nwholesale outlet commonly used for the buying or selling of such fish,\nshellfish, wildlife or crustacea, provided, however, that nothing in\nthis subdivision shall preclude the admission of other evidence which\nmay serve to independently prove a defendant's intent to sell.\n
N.Y. PBA Law § 1873 — New York Code / Act PBA / Article 8 / Title 9 / Section 1873
Examination and reporting of energy efficiency grant recipients; required
Status: in_force

§ 1873. Examination and reporting of energy efficiency grant\nrecipients; required. The authority shall submit to the governor, the\nspeaker of the assembly, the temporary president of the senate, the\nchair of the state energy planning board, the chair of the assembly\nenergy committee, the ranking minority member of the assembly energy\ncommittee, the chair of the senate energy and telecommunications\ncommittee, the ranking minority member of the senate energy and\ntelecommunications committee, the chair of the assembly corporations,\nauthorities and commissions committee, the ranking minority member of\nthe assembly corporations, authorities and commissions committee, the\nchair of the senate corporations, authorities and commissions committee,\nthe ranking minority member of the senate corporations, authorities and\ncommissions committee and the chair of the renewable energy subcommittee\nin the assembly a copy of the annual report the authority is required to\nproduce to comply with the public service commission order establishing\nthe energy efficiency portfolio standard and approving programs.\n
N.Y. ENV Law § 27-0905 — New York Code / Act ENV / Article 27 / Title 9 / Section 27-0905
Manifest system
Status: in_force

§ 27-0905. Manifest system.\n  Not later than six months after the promulgation of regulations for\nhazardous wastes pursuant to paragraph one of section 27-0903 of this\ntitle, and after consultation and coordination with the commissioner of\ntransportation, the commissioner shall promulgate in a manner consistent\nwith the state administrative procedure act, regulations establishing a\nmanifest system by which to monitor the transportation, storage, and\ndisposal of hazardous waste and to assure that such acts are performed\nin a manner consistent with this title. Such manifest systems shall\nconform to that adopted by the administrator pursuant to RCRA. Where\nappropriate and consistent with the provisions of RCRA, the commissioner\nmay provide for exemption from the provisions of this section for the\ntransport of hazardous waste by the generator from one facility to\nanother owned and operated by the generator. As a minimum such system\nshall require that:\n  1. Hazardous waste generators use a specified form identifying the\ncomposition, quantity and disposition of each shipment of hazardous\nwaste;\n  2. Copies of manifest be carried during transportation of hazardous\nwaste; and\n  3. Hazardous waste generators, hazardous waste transporters and owners\nand operators of hazardous waste treatment, storage and disposal\nfacilities maintain copies of manifest for at least three years.\n
N.Y. VAT Law § 1806-A — New York Code / Act VAT / Title 9 / Article 45 / Section 1806-A
Default judgment in cases of failure to answer
Status: in_force

§ 1806-a. Default judgment in cases of failure to answer.  1. In the\nevent a person charged with a traffic infraction does not answer within\nthe time specified, the court having jurisdiction, other than a court in\na city over one million population may, in addition to any other action\nauthorized by law, enter a plea of guilty on behalf of the defendant and\nrender a default judgment of a fine determined by the court within the\namount authorized by law. Any judgment entered pursuant to default shall\nbe civil in nature, but shall be treated as a conviction for the\npurposes of this section.  However, at least thirty days after the\nexpiration of the original date prescribed for entering a plea and\nbefore a plea of guilty and a default judgment may be rendered, the\ntraffic violations bureau or, if there be none, the clerk of the court,\nshall notify the defendant by certified mail: (a) of the violation\ncharged; (b) of the impending plea of guilty and default judgment; (c)\nthat such judgment will be filed with the county clerk of the county in\nwhich the operator or registrant is located, and (d) that a default or\nplea of guilty may be avoided by entering a plea or making an appearance\nwithin thirty days of the sending of such notice. Pleas entered within\nthat period shall be in a manner prescribed in the notice. In no case\nshall a default judgment and plea of guilty be rendered more than two\nyears after the expiration of the time prescribed for originally\nentering a plea. When a person has entered a plea of not guilty and has\ndemanded a hearing, no fine or penalty shall be imposed for any reason,\nprior to the holding of the hearing which shall be scheduled by the\ncourt of such city, village or town within thirty days of such demand.\n  2. The filing of the default judgment with the county clerk shall have\nthe full force and effect of a judgment duly docketed in the office of\nsuch clerk and may be enforced in the same manner and with the same\neffect as that provided by law in respect to executions issued against\nproperty upon judgments of a court of record and such judgment shall\nremain in full force and effect for eight years notwithstanding any\nother provision of law.\n  3. Notwithstanding the provisions of subdivision one of this section,\na traffic violations bureau or, if there be none, the clerk of the\ncourt, shall have two years from the effective date of this act to serve\nnotice upon an operator or owner of a motor vehicle charged with a\ntraffic violation who has not answered within the time specified and\nprior to the effective date of this act.\n  4. In the event a person charged with a parking violation does not\nanswer within the time specified, a traffic and parking violations\nagency may, in addition to any other action authorized by law, enter a\nplea of guilty on behalf of the defendant and render a default judgment\nof a fine determined by the judicial hearing officer within the amount\nauthorized by law. Any judgment entered pursuant to default shall be\ncivil in nature, but shall be treated as a conviction for the purposes\nof this section. However, at least thirty days after the expiration of\nthe original date prescribed for entering a plea and before a plea of\nguilty and a default judgment may be rendered, the traffic and parking\nviolations agency shall notify the defendant by certified mail: (a) of\nthe violation charged; (b) of the impending plea of guilty and default\njudgment; (c) that such judgment will be filed with the county clerk of\nthe county in which the operator or registrant is located, and (d) that\na default or plea of guilty may be avoided by entering a plea or making\nan appearance within thirty days of the sending of such notice. Pleas\nentered within that period shall be in a manner prescribed in the\nnotice. In no case shall a default judgment and plea of guilty be\nrendered more than two years after the expiration of the time prescribed\nfor originally entering a plea. When a person has entered a plea of not\nguilty and has demanded a hearing, no fine or penalty shall be imposed\nfor any reason, prior to the holding of the hearing which shall be\nscheduled by the traffic and parking violations agency within thirty\ndays of such demand.\n  5. If a motor vehicle which is owned by a rental or leasing company is\nticketed for a traffic infraction, the municipality shall not enter a\ndefault judgement under this section against the rental or leasing\ncompany if, when the municipality sends the notice to the company, the\ncompany sends to the municipality within fifteen days a copy of the\nrental or leasing agreement covering that vehicle on that date with the\nname and address of the lessee clearly legible. If this information is\nnot sent to the municipality within such fifteen day time period, the\nmunicipality shall proceed under this section to enter a default\njudgement and the rental or leasing company shall be liable for the\ntraffic infraction.\n
N.Y. SOS Law § 453 — New York Code / Act SOS / Article 6 / Title 9 / Section 453
Maintenance subsidy; handicapped or hard to place child
Status: in_force

§ 453. Maintenance subsidy; handicapped or hard to place child. 1. (a)\nA social services official shall make monthly payments for the care and\nmaintenance of a handicapped or hard to place child whom a social\nservices official has placed for adoption or who has been adopted and\nfor the care and maintenance of a handicapped or hard to place child\nplaced for adoption by a voluntary authorized agency who is residing in\nsuch social services district. Where a handicapped or hard to place\nchild is placed in an adoptive placement outside the state, monthly\npayments for the care and maintenance of the child shall be made by the\nsocial services official placing the child or in whose district the\nvoluntary authorized agency maintains its principal office. Such\npayments shall be made until the child's twenty-first birthday to\npersons with whom the child has been placed, or to persons who have\nadopted the child and who applied for such payments prior to the\nadoption, pursuant to a written agreement therefor between such official\nor agency and such persons; provided, however, that an application may\nbe made subsequent to the adoption if the adoptive parents first become\naware of the child's physical or emotional condition or disability\nsubsequent to the adoption and a physician certifies that the condition\nor disability existed prior to the child's adoption. The social services\nofficial shall consider the financial status of such persons only for\nthe purpose of determining the amount of the payments to be made,\npursuant to subdivision three of this section. Upon the death of persons\nwho have adopted the child prior to the twenty-first birthday of the\nchild, such payments shall continue to the legal guardian or custodian\nof the child under the age of eighteen upon issuance of letters of\nguardianship or order of custody and shall continue until the child\nshall attain the age of twenty-one. If the guardian or custodian was the\ncaretaker of the child under the age of eighteen prior to the issuance\nof letters of guardianship or order of custody, such payments shall be\nmade retroactively from the death of the adoptive parent or parents.\n  (a-1) Payments pursuant to this section may be made by direct deposit\nor debit card, as elected by the recipient, and administered\nelectronically, and in accordance with such guidelines as may be set\nforth by regulation of the office of children and family services. The\noffice of children and family services may enter into contracts on\nbehalf of local social services districts for such direct deposit or\ndebit card services in accordance with section twenty-one-a of this\nchapter.\n  (b) Any child with respect to whom federally reimbursable maintenance\nsubsidy payments are made under this subdivision shall be deemed to be a\nrecipient of aid to families with dependent children for purposes of\ndetermining eligibility for medical assistance.\n  (c) No payments may be made pursuant to this subdivision if the social\nservices official determines that the adoptive parents are no longer\nlegally responsible for the support of the child or the child is no\nlonger receiving any support from such parents. For purposes of this\nsection:\n  (i) "any support" shall be limited to support that is directly for the\nbenefit of the adopted child that meets the food, clothing, education,\nmedical and shelter needs of the adopted child and that has an\nidentifiable value;\n  (ii) "no longer legally responsible for the support of the child"\nmeans (A) the child has become legally emancipated, married or joined\nthe military; (B) a court has ruled that the adoptive parent is no\nlonger legally responsible for the support of the child; or (C) the\nadoption is no longer legally valid by operation of law.\n  (c-1) The social services official on an annual basis shall:\n  (i) require adoptive parents to certify that they are fulfilling their\nobligations pursuant to any adoption subsidy agreement entered into in\naccordance with this section, including their obligation to provide\nsupport for the child;\n  (ii) remind the adoptive parents of the following obligations, which\nshall also be included in any agreement entered into with an adoptive\nparent concerning payments made for the care and maintenance of the\nchild pursuant to this section:\n  (A) to support the child;\n  (B) to notify the social services official if the adoptive parents are\nno longer providing any support of the child or are no longer legally\nresponsible for the support of the child; and\n  (C) to notify the social services official if: (I) another person has\nbeen granted physical custody of the child; (II) another person has been\nappointed guardian for the child; or (III) the child no longer resides\nwith the adoptive parents.\n  (c-2) (i) If the adoptive parents fail to respond to an annual\ncertification notice within thirty days of the receipt of the\ncertification notice from the social services official or the social\nservices official receives from any person information that provides\nreasonable cause to suspect that the adoptive parents are no longer\nproviding any support to the child, the social services official shall\nreview whether the adoptive parents are legally responsible for the\nsupport of the child and whether the child is receiving any support from\nthe adoptive parents. Circumstances in which the social services\nofficial shall conduct this review include the following:\n  (A) the child has been placed in foster care;\n  (B) a person alleges to the social services official that:\n  (I) a person other than the adoptive parent has been granted legal\ncustody of the child;\n  (II) another person has been appointed guardian for the child; or\n  (III) the child is reported to no longer reside with the adoptive\nparent.\n  (ii) The adoptive parents shall be given an opportunity to respond to\nthe notice. Upon receiving confirmation that the parents continue to\nmeet their legal obligations to provide support to the child, the\ndepartment will take no further action to terminate the subsidy. If the\nparents fail to confirm that they continue to meet their legal\nobligations to provide support to the child, the social services\nofficial shall review all available information in order to confirm the\nparents' continued eligibility to receive the subsidy.\n  (iii) If the child is not in foster care and, based on a review of the\navailable information, the social services official determines that the\nadoptive parents are no longer legally responsible for the support of\nthe child or that the child is no longer receiving any support from the\nadoptive parents, the social services official shall terminate the\nsubsidy provided to the adoptive parents pursuant to this section. The\nadoptive parents may appeal the termination of subsidy to the department\nin accordance with section twenty-two of this chapter.\n  (iv) If the child is in foster care and the social services official\ndetermines that the child is no longer receiving any support from the\nadoptive parents, the social services official may reduce, suspend, or\nterminate the assistance provided to the adoptive parents pursuant to\nthis section. The adoptive parents may appeal the termination of\nassistance to the department in accordance with section twenty-two of\nthis chapter. If assistance is reduced, suspended or terminated pursuant\nto this paragraph and the child is returned from foster care to the care\nof the adoptive parents, the social services official shall resume\nassistance effective from the date when the child was returned to the\nadoptive parent's care.\n  (d) Applications for such subsidies shall be accepted prior to the\ncommitment of the guardianship and custody of the child to an authorized\nagency pursuant to the provisions of this chapter, and approval thereof\nmay be granted contingent upon such commitment.\n  (e) Upon the death of the sole or surviving adoptive parent or both\nadoptive parents after the eighteenth birthday and before the\ntwenty-first birthday of the adopted child, where such adoptive parent\nor parents were receiving adoption subsidy payments at the time of\ndeath, such subsidy payments shall continue but shall be made to the\nguardian of the child on behalf of such child, where the child consents\nto the appointment of a guardian. Such subsidy payments shall be made\nretroactively from the death of the adoptive parent or parents to the\nappointment of a guardian, and shall continue until the twenty-first\nbirthday of the child. If, however, there is no willing or suitable\nperson to be appointed as guardian, or the child does not consent to the\nappointment of a guardian, such subsidy payments shall be made\nretroactively from the death of the adoptive parent or parents and shall\ncontinue to be made until the twenty-first birthday of the child: (i)\nthrough direct payments to the child, if the social services official\ndetermines that the child demonstrates the ability to manage such direct\npayments; or (ii) to a representative payee certified by the social\nservices official.\n  (f) Upon receipt of notification of the death of the sole or surviving\nadoptive parent or both adoptive parents after the eighteenth birthday\nand before the twenty-first birthday of the adopted child, where such\nadoptive parent or parents were receiving adoption subsidy payments at\nthe time of death, the social services official shall notify the child\nof: (i) the processes available to continue subsidy payments until the\ntwenty-first birthday of the child including appointment of a guardian\nunder the surrogate's court procedure act, application to be approved\nfor direct subsidy payments, or the appointment of a representative\npayee; and (ii) the right of the child to be involved in all such\nprocesses.\n  (g) Where the social services official has determined that the child\ndoes not demonstrate the ability to manage direct subsidy payments, the\nsocial services official shall certify payment to a representative payee\non behalf of the child. Subsidy payments received by the representative\npayee shall be held and used strictly for the use and benefit of the\nchild. Designation of the appropriate entity or individual and\ninvestigation of an individual for certification as a representative\npayee shall be conducted by the social services official responsible for\npayment of the adoption subsidy pursuant to this section.\n  (i) The social services official may designate an employee of the\nsocial services district to be the representative payee responsible for\nreceipt of the adoption subsidy on behalf of the child only where the\nofficial determines that such employee has no conflict of interest in\nperforming the duties and obligations as representative payee. If the\nchild resides in a social services district other than the district\nresponsible for payment of the adoption subsidy, the social services\ndistrict in which the child resides may be designated the representative\npayee and a social services official of such district shall select an\nemployee of such social services district to be responsible for receipt\nof the adoption subsidy as the representative payee, only where the\nofficial determines that such employee has no conflict of interest in\nperforming the duties and obligations as a payee. Where a voluntary\nauthorized agency has a prior relationship with a child, or where the\nsocial services district does not have sufficient or appropriate staff\navailable to perform the functions of the representative payee, the\nsocial services district may contract with a voluntary authorized agency\nas the representative payee on behalf of the child where the social\nservices district determines it would be in the best interests of the\nchild to do so.\n  (ii) The social services official may designate an individual for\ncertification as a representative payee who shall perform the functions\nand duties of a representative payee in accordance with the best\ninterests of the child. In determining whether an individual is\nappropriate to be certified as the representative payee, the social\nservices official shall first consult with the child and shall give the\nchild's preferences significant weight. The child's preference shall be\ndeterminative of the representative payee only where such preference\ndoes not conflict with the best interests of the child. Prior to\ndesignation of an individual by the social services official for\ncertification as a representative payee, the social services official\nshall:\n  (A) collect proof of identity and a verifiable social security number\nof the nominated representative payee;\n  (B) conduct an in-person interview of the individual;\n  (C) investigate any potential conflicts of interest that may ensue if\nsuch individual is certified; and\n  (D) determine the capabilities and qualifications of the individual to\nmanage the subsidy payment for the child.\n  (iii) (A) If, after completion of the investigation, the social\nservices official is satisfied that the individual is qualified,\nappropriate and will serve the best interests of the child, the social\nservices official shall certify the selected individual as the\nrepresentative payee for the child.\n  (B) If the twenty-first birthday of the child occurs while awaiting\nthe certification of a representative payee, the child shall be entitled\nto retroactive direct payment of subsidy payments since the death of the\nadoptive parent or parents after the eighteenth birthday of the child.\n  (iv) The representative payee shall submit reports to the social\nservices official no less than once a year describing the use of the\npayments in the preceding year. Such reports shall be submitted by\nDecember thirty-first of each year. The social services official may\nalso request reports from time to time from the representative payee. If\na representative payee fails to submit a report, the social services\nofficial may require that the representative payee appear in person to\ncollect payments. The social services official shall keep a centralized\nfile and update it periodically with information including the addresses\nand social security or tax-payer identification numbers of the\nrepresentative payee and the child.\n  (v) The social services official shall revoke the certification of a\nrepresentative payee upon:\n  (A) determining that the representative payee has misused the payments\nintended for the benefit of the child;\n  (B) the failure of the representative payee to submit timely reports\nor appear in person as required by the social services official after\nsuch failure; or\n  (C) the request of the child upon good cause shown.\n  (vi) The social services official shall notify the child of the\ncontact information of the representative payee within five days of\nmaking a designation.\n  (vii) A child may appeal the refusal of the social services official\nto certify the individual preferred by the child for certification as\nthe representative payee or revoke the certification of a representative\npayee upon request of the child pursuant to section four hundred\nfifty-five of this title.\n  2. Any agreement provided for in subdivision one of this section shall\nbe subject to the approval of the department upon the application of the\nsocial services official; provided, however, that in accordance with the\nregulations of the department, the department may authorize the social\nservices official to approve or disapprove the agreement on behalf of\nthe department. In either situation, if the agreement is not approved or\ndisapproved by the social services official within thirty days of\nsubmission, the voluntary authorized agency may submit the agreement\ndirectly to the department for approval or disapproval. If the agreement\nis not disapproved in writing by the department within thirty days after\nits submission to the department, it shall be deemed approved. Any such\ndisapproval shall be accompanied by a written statement of the reasons\ntherefor.\n  3. The amount of the monthly payment made pursuant to this section\nshall be determined pursuant to regulations of the department and based\nupon the financial need of such persons. The department shall review\nsuch regulations annually. The amount of the monthly payment shall not\nbe less than seventy-five per centum of the board rate nor more than one\nhundred per centum of such rate.\n  4. Except as may be required by federal law as a condition for federal\nreimbursement of public assistance expenditures, payments under this\nsection shall not be considered for the purpose of determining\neligibility for public assistance or medical assistance for needy\npersons.\n
N.Y. PBA Law § 361-A — New York Code / Act PBA / Article 2 / Title 9 / Section 361-A
Restriction and regulation of advertising devices
Status: in_force

§ 361-a. Restriction and regulation of advertising devices. 1. Except\nas otherwise provided in this section, the erection or maintenance of\nany advertising device located within six hundred sixty feet of the\nnearest edge of the right-of-way of the thruway without a written permit\ntherefor granted by the authority pursuant to this section is\nprohibited.\n  2. The term "advertising device" as used in this section shall include\nany billboard, sign, notice, poster, display or other device intended to\nattract or which does attract the attention of operators of motor\nvehicles on the thruway, and shall, where so determined by the\nauthority, include a structure erected or used in connection with the\ndisplay of any such device and all lighting or other attachments used in\nconjunction therewith.\n  3. The authority may from time to time adopt, modify, amend or repeal\nregulations governing the issuance of permits or renewals thereof for\nthe erection and maintenance of advertising devices. Such regulations\nshall be designed to effectuate the general purposes of this article and\nthe specific objectives and standards hereinafter set forth:\n  (a) To provide for maximum visibility along the thruway system and\nconnecting roads or highways;\n  (b) To prevent unreasonable distraction of operators of motor\nvehicles;\n  (c) To prevent confusion with regard to traffic lights, signs or\nsignals or otherwise interfere with the effectiveness of traffic\nregulations;\n  (d) To preserve and enhance the natural scenic beauty or the aesthetic\nfeatures of the thruway system and adjacent areas;\n  (e) To promote maximum safety, comfort and well-being of the users of\nthe thruway.\n  4. To effectuate the purposes of this section, the authority may limit\nthe application of any regulation adopted hereunder to exclude or\ninclude, in whole or in part:\n  (a) Specified areas of the thruway system based upon use, population\ndensity, nature of the surrounding community, special conditions\nprevailing therein, or such other factors as may make differentiation or\nseparate classification or regulation necessary, proper or desirable;\n  (b) Particular types or classes of advertising devices based upon\nsize, design, lighting or such other factors as may make differentiation\nor separate classification or regulation necessary, proper or desirable;\n  (c) The erection or maintenance of advertising devices on particular\nsections or portions of the thruway system.\n  (d) Notwithstanding any contrary provisions of this section, the\nauthority shall permit the erection of not more than nine advertising\nbillboard signs in the city of New Rochelle along interstate route\nninety-five where the location and erection of such signs are:\n  (1) consistent with and part of an urban renewal program which\ndecreases the total number of advertising billboard signs in the renewal\narea;\n  (2) approved by such city;\n  (3) part of the subject of a United States District Court settlement\norder regarding the regulation of such signs within such city; and\n  (4) consistent with the size, lighting, spacing and all other\nrequirements of federal law, including those established in the\nagreements entered into by the state pursuant to sections eighty-six and\neighty-eight of the highway law.\n  5. Application for permits or renewals thereof shall be on forms\nprescribed by the authority and shall contain such information as the\nauthority may require. The authority may by regulation adopt, modify,\namend or repeal permit application fees, annual permit fees and permit\nrenewal fees, provided, however, that such fees shall not exceed the\nadvertising device fees established by regulation by the commissioner of\ntransportation. Each permit shall be valid for a period to be\nestablished by the authority and may be renewed from time to time for\nsuch periods, as established by the authority, within thirty days of the\nexpiration date thereof upon payment to the authority of the renewal\nfee.\n  6. The permit or renewal thereof shall be revocable at any time on\nthirty days notice to the permittee in the event of a violation of the\nrequirements of this section or any regulation lawfully adopted\nhereunder. Any advertising device erected or maintained after September\nfirst, nineteen hundred fifty-two in violation of this section or any\nregulation adopted hereunder is hereby declared to be, and is, a public\nnuisance and such device may without notice be abated and removed by any\nofficer or employee of the authority, or upon request of the authority,\nby any peace officer acting pursuant to his special duties, or police\nofficer.\n  7. The authority by regulation may exclude from the coverage of this\nsection advertising devices which it finds do not interfere with safety\non the thruway system or contravene any of the other standards set forth\nin this section, including but not limited to\n  (a) Advertising devices which are to be erected or maintained on\nproperty for the purpose of setting forth or indicating\n  (1) The name and address of the owner, lessee or occupant of such\nproperty, or\n  (2) The name or type of business or profession conducted on such\nproperty, or\n  (3) Information required or authorized by law to be posted or\ndisplayed thereon.\n  (b) Advertising devices which are not visible from any traveled\nportion of the thruway system;\n  (c) Advertising devices indicating the sale or leasing of the property\nupon which they are placed.\n  (d) Directional or other official signs and signals erected or\nmaintained by the state or other public agency having jurisdiction.\n  8. Nothing in this section shall apply with respect to any property\nwhich is owned or leased by the state of New York or any agency thereof\nor with respect to which the state of New York or any agency thereof has\nor shall have a valid easement or covenant with the owner thereof\nconcerning the restriction, removal or prohibition of advertising\ndevices.\n  9. Nothing in this section shall be construed to abrogate or affect\nthe provisions of any municipal ordinance, regulation or resolution\nwhich are more restrictive concerning advertising devices than the\nprovisions of this section or of the regulations adopted hereunder.\n
N.Y. ENV Law § 19-0905 — New York Code / Act ENV / Article 19 / Title 9 / Section 19-0905
Applicability
Status: in_force

§ 19-0905. Applicability.\n  The provisions of this title shall apply to:\n  1. All major steam electric generating facilities in the state; and\n  2. All stationary sources in the state.\n
N.Y. PBA Law § 1896 — New York Code / Act PBA / Article 8 / Title 9-A / Section 1896
Green jobs-green New York revolving loan fund
Status: in_force

§ 1896. Green jobs-green New York revolving loan fund. 1. (a) There is\nhereby created a green jobs-green New York revolving loan fund. The\nrevolving loan fund shall consist of:\n  (i) all moneys made available for the purpose of the revolving loan\nfund pursuant to section eighteen hundred ninety-nine-a of this title;\n  (ii) payments of principal and interest, including any late payment\ncharges, made pursuant to loan or financing agreements entered into with\nthe authority or its designee pursuant to this section; and\n  (iii) any interest earned by the investment of moneys in the revolving\nloan fund.\n  (b) The revolving loan fund shall consist of two accounts:\n  (i) one account which shall be maintained for monies to be made\navailable to provide loans to finance the cost of approved qualified\nenergy efficiency services for residential structures and multi-family\nstructures, and\n  (ii) one account which shall be maintained for monies made available\nto provide loans to finance the cost of approved qualified energy\nefficiency services for non-residential structures. The initial balance\nof the residential account established in subparagraph (i) of this\nparagraph shall represent at least fifty percent of the total balance of\nthe two accounts. The authority shall not commingle the monies of the\nrevolving loan fund with any other monies of the authority or held by\nthe authority, nor shall the authority commingle the monies between\naccounts. Payments of principal, interest and fees shall be deposited\ninto the account created and maintained for the appropriate type of\neligible project.\n  (c) In administering such program, the authority is authorized and\ndirected to:\n  (i) use monies made available for the revolving loan fund to achieve\nthe purposes of this section by section eighteen hundred ninety-nine-a\nof this title, including but not limited to making loans available for\neligible projects;\n  (ii) enter into contracts with one or more program implementers to\nperform such functions as the authority deems appropriate;\n  (iii) establish an on-bill recovery mechanism for repayment of loans\nfor the performance of qualified energy efficiency services for eligible\nprojects provided that such on-bill recovery mechanism shall provide for\nthe utilization of any on-bill recovery programs established pursuant to\nsection sixty-six-m of the public service law and section one thousand\ntwenty-hh of this chapter;\n  (iv) establish standards for customer participation in such on-bill\nrecovery mechanism, including standards for reliable utility bill\npayment, current good standing on any mortgage obligations, and such\nadditional standards as the authority deems necessary; provided that in\norder to provide broad access to on-bill recovery, the authority shall,\nto the fullest extent practicable, consider alternative measures of\ncreditworthiness that are prudent in order to include participation by\ncustomers who are less likely to have access to traditional sources of\nfinancing;\n  (v) to the extent feasible, make available on a pro rata basis, based\non the number of electric customers within the utility service\nterritory, to combination electric and gas corporations that offer\non-bill recovery pursuant to section sixty-six-m of the public service\nlaw and the Long Island power authority, up to five hundred thousand\ndollars to defray costs directly associated with changing or upgrading\nbilling systems to accommodate on-bill recovery charges;\n  (vi) within thirty days of closing of a loan to a customer, pay a fee\nof one hundred dollars per loan to the combination electric and gas\ncorporation in whose service territory such customer is located or to\nthe Long Island power authority if such customer is located in the\nservice territory of that authority to help defray the costs that are\ndirectly associated with implementing the program;\n  (vii) within thirty days of closing of a loan to a customer, pay a\nservicing fee of one percent of the loan amount to the combination\nelectric and gas corporation in whose service territory such customer is\nlocated or to the Long Island power authority if such customer is\nlocated in the service territory of that authority to help defray the\ncosts that are directly associated with the program; and\n  (viii) exercise such other powers as are necessary for the proper\nadministration of the program, including at the discretion of the\nauthority, entering into agreements with applicants and with such state\nor federal agencies as necessary to directly receive rebates and grants\navailable for eligible projects and apply such funds to repayment of\napplicant loan obligations.\n  2. (a) The authority shall provide financial assistance in the form of\nloans for the performance of qualified energy efficiency services for\neligible projects on terms and conditions established by the authority.\n  (b) Loans made by the authority pursuant to this section shall be\nsubject to the following limitations:\n  (i) eligible projects shall meet cost effectiveness standards\ndeveloped by the authority;\n  (ii) loans shall not exceed thirteen thousand dollars per applicant\nfor approved qualified energy efficiency services for residential\nstructures, and twenty-six thousand dollars per applicant for approved\nqualified energy efficiency services for non-residential structures,\nprovided, however, that the authority may permit a loan in excess of\nsuch amounts if the total cost of energy efficiency measures financed by\nsuch loan will achieve a payback period of fifteen years or less, but in\nno event shall any such loan exceed twenty-five thousand dollars per\napplicant for residential structures and fifty thousand dollars per\napplicant for non-residential structures; and for multi-family\nstructures loans shall be in amounts determined by the authority,\nprovided, however, that the authority shall assure that a significant\nnumber of residential structures are included in the program;\n  (iii) no fees or penalties shall be charged or collected for\nprepayment of any such loan; and\n  (iv) loans shall be at interest rates determined by the authority to\nbe no higher than necessary to make the provision of the qualified\nenergy efficiency services feasible.\n  In determining whether to make a loan, and the amount of any loan that\nis made, the authority is authorized to consider whether the applicant\nor borrower has received, or is eligible to receive, financial\nassistance and other incentives from any other source for the qualified\nenergy efficiency services which would be the subject of the loan. In\ndetermining whether a loan will achieve a payback period of fifteen\nyears or less pursuant to subparagraph (ii) of this paragraph, the\nauthority may consider the amount of the loan to be reduced by the\namount of any rebates for qualified energy efficiency services received\nby the applicant or by the authority on behalf of an applicant.\n  (c) Applications for financial assistance pursuant to this section\nshall be reviewed and evaluated by the authority or its designee\npursuant to eligibility and qualification requirements and criteria\nestablished by the authority. The authority shall establish standards\nfor (i) qualified energy efficiency services, and (ii) measurement and\nverification of energy savings. Such standards shall meet or exceed the\nstandards used by the authority for similar programs in existence on the\neffective date of this section.\n  (d) The amount of a fee paid for an energy audit provided under\nsection eighteen hundred ninety-five of this title may be added to the\namount of a loan that is made under this section to finance the cost of\nan eligible project conducted in response to such energy audit. In such\na case, the amount of the fee may be reimbursed from the fund to the\nborrower.\n  (e) In establishing an on-bill recovery mechanism:\n  (i) the cost-effectiveness of an eligible project shall be evaluated\nsolely on the basis of the costs and projected savings to the applying\ncustomer, using standard engineering assessments and prior billing data\nand usage patterns; provided however that based upon the most recent\ncustomer data available, on an annualized basis, the monthly on-bill\nrepayment amount for a package of measures shall not exceed one-twelfth\nof the savings projected to result from the installation of the measures\nprovided further that nothing herein shall be construed to prohibit or\nprevent customers whose primary heating energy source is from\ndeliverable fuels from participating in the program;\n  (ii) the authority shall establish a process for receipt and\nresolution of customer complaints concerning on-bill recovery charges\nand for addressing delays and defaults in customer payments; and\n  (iii) the authority may limit the availability of lighting measures or\nhousehold appliances that are not permanently affixed to real property.\n  (f) Prior to or at the closing of each loan made pursuant to this\nsection, the authority shall cause a notice to be provided to each\ncustomer receiving such loan stating, in clear and conspicuous terms:\n  (i) the financial and legal obligations and risks of accepting such\nloan responsibilities, including the obligation to provide or consent to\nthe customer's utility providing the authority information on the\nsources and quantities of energy used in the customer's premises and any\nimprovements or modifications to the premises, use of the premises or\nenergy consuming appliances or equipment of any type that may\nsignificantly affect energy usage;\n  (ii) that the on-bill recovery charge will be billed by such customer\nutility company and that failure to pay such on-bill recovery charge may\nresult in the customer having his or her electricity and/or gas\nterminated for non-payment, provided that such utility company follows\nthe requirements of article two of the public service law with respect\nto residential customers;\n  (iii) that incurring such loan to undertake energy-efficiency projects\nmay not result in lower monthly energy costs over time, based on\nadditional factors that contribute to monthly energy costs;\n  (iv) that the program is operated by the authority and it is the sole\nresponsibility of the authority to handle consumer inquiries and\ncomplaints related to the operation and lending associated with the\nprogram, provided further that the authority shall provide a mechanism\nto receive such consumer inquiries and complaints.\n  (g) Any person entering into a loan agreement pursuant to this section\nshall have the right to cancel any such loan agreement until midnight of\nthe fifth business day following the day on which such person signs such\nagreement provided the loan proceeds have not yet been disbursed.\n  3. The authority shall evaluate the cost-effectiveness of the on-bill\nrecovery mechanism on an on-going basis. (a) In conducting such\nevaluation, the authority shall request each customer to provide:\n  (i) information on energy usage and/or permission to collect\ninformation on energy usage from utilities and other retail vendors,\nincluding but not limited to information required to be furnished to\nconsumers under article seventeen of the energy law;\n  (ii) information on other sources of energy used in the customer's\npremises; and\n  (iii) information on any improvements or modifications to the premises\nthat may significantly affect energy usage.\n  (b) At a minimum the authority shall collect and maintain information\nfor dates prior to the performance of qualified energy efficiency\nservices, to establish a baseline, and for dates covering a subsequent\ntime period to measure the effectiveness of such measures. Such data\nshall be correlated with information from the energy audit and any other\nrelevant information, including information on local weather conditions,\nand shall be used to evaluate the on-bill recovery program and to\nimprove the accuracy of projections of cost-effectiveness on an on-going\nbasis. An analysis of such data shall be included in the annual report\nprepared pursuant to section eighteen hundred ninety-nine of this title.\n  (c) All information collected by the authority shall be confidential\nand shall be used exclusively for the purposes of this subdivision.\n  4. Qualified energy efficiency services that have been paid for in\nwhole or in part with the proceeds of a loan under this title shall be\nconsidered a special energy project pursuant to section eighteen hundred\nfifty-one of this article.\n  5. (a) For each loan issued for qualified energy efficiency services\nthat is to be repaid through an on-bill recovery mechanism, the New York\nstate energy research and development authority shall record, pursuant\nto article nine of the real property law, in the office of the\nappropriate recording officer, a declaration with respect to the\nproperty improved by such services of the existence of the loan and\nstating the total amount of the loan, the term of the loan, and that the\nloan is being repaid through a charge on an electric or gas meter\nassociated with the property. The declaration shall further state that\nit is being filed pursuant to this section and, unless fully satisfied\nprior to sale or transfer of the property, the loan repayment utility\nmeter charge shall survive changes in ownership, tenancy, or meter\naccount responsibility and, until fully satisfied, shall constitute the\nobligation of the person responsible for the meter account. Such\ndeclaration shall not constitute a mortgage and shall not create any\nsecurity interest or lien on the property. Upon satisfaction of the\nloan, the authority shall file a declaration of repayment pursuant to\narticle nine of the real property law.\n  (b) The recording officer shall record such declarations in the same\nbook, provided under section three hundred fifteen of the real property\nlaw, in which such recording officer records deeds.\n
N.Y. SOS Law § 335-A — New York Code / Act SOS / Article 5 / Title 9-B / Section 335-A
Assessments and employability plans for certain recipients in households without dependent children
Status: in_force

§ 335-a. Assessments and employability plans for certain recipients in\nhouseholds without dependent children. 1. To the extent resources are\navailable, the social services official shall, within a reasonable\nperiod of time not to exceed one year following application and not to\nthe exclusion of the assessment requirements of section three hundred\nthirty-five of this title, conduct an assessment of employability based\non the educational level, including literacy and English language\nproficiency; basic skills proficiency; supportive services needs; and\nthe skills, prior work experience, training and vocational interests of\neach participant. This assessment shall include a review of family\ncircumstances.\n  2. (a) Based on the assessment required by subdivision one of this\nsection, the social services official, in consultation with the\nparticipant, shall develop an employability plan in writing which shall\nset forth the services that will be provided by the social services\nofficial and the activities in which the participant will take part,\nincluding supportive services and shall set forth an employment goal for\nthe participant. To the extent possible, the employability plan shall\nreflect the preferences of the participant in a manner that is\nconsistent with the results of the participant's assessment and the need\nof the social services district to meet federal and state work activity\nparticipation requirements, and, if such preferences cannot be\naccommodated, the reasons shall be specified in the employability plan.\nThe employability plan also shall take into account the participant's\nsupportive services needs, available program resources, local employment\nopportunities, and where the social services official is considering an\neducational activity assignment for such participant, the participant's\nliability for student loans, grants and scholarship awards. The\nemployability plan shall be explained to the participant. Any change to\nthe participant's employability plan required by the social services\nofficial shall be discussed with the participant and shall be documented\nin writing.\n  (b) Where an assessment indicates that a participant who is not\nsubject to the education requirements of this title has not attained a\nbasic literacy level, the social services official shall encourage and\nmay require the participant to enter a program to achieve basic literacy\nor high school equivalency or to enter such educational programs in\ncombination with other training activities consistent with the\nemployability plan.\n  3. A local social services official shall, pursuant to department\nregulations developed in consultation with the department of education\nand the department of social services or its successor agencies, use\ndesignated trained staff or contract with providers having a\ndemonstrated effectiveness in performing assessments and developing\nemployability plans to perform assessments and develop employability\nplans.\n  4. Each applicant for or recipient of public assistance as described\nherein must participate in an assessment as required by the social\nservices district in accordance with the conditions of this section.\nApplicants who fail or refuse to participate with the requirements of\nthis section shall be ineligible for public assistance. Recipients who\nfail or refuse to participate with the requirements of this section\nshall be subject to the sanctions set forth in section three hundred\nforty-two of this title.\n  5. A social services district shall assign participants to activities\npursuant to their employability plans to the extent that supportive\nservices including transportation are available.\n  6. Nothing in this section shall be construed to prevent a social\nservices official from providing an assessment more detailed or\ncomprehensive that the requirements set forth in this section.\n
N.Y. PBA Law § 354 — New York Code / Act PBA / Article 2 / Title 9 / Section 354
Powers of the authority
Status: in_force

§ 354. Powers of the authority. Except as otherwise limited by this\ntitle, the authority shall have power\n  1. To sue and be sued;\n  2. To have a seal and to alter the same at pleasure;\n  3. To acquire, hold and dispose of personal property for its corporate\npurposes;\n  4. To acquire and hold in the name of the state by purchase or\nappropriation real property or rights or easements therein and to sell,\nexchange, or otherwise dispose of any real property not necessary for\nits corporate purposes or whenever the board shall determine that it is\nin the interest of the authority; and upon such terms and conditions and\nuses as the board shall determine, to lease or to grant permits to\noccupy real property not presently required for thruway purposes but\nheld for future use in carrying out its corporate purposes;\n  5. To make by-laws for its organization and internal management and,\nsubject to agreements with noteholders or bondholders, rules and\nregulations governing the use of the thruways and all other properties\nand facilities under its jurisdiction, which shall be filed with the\ndepartment of state in the manner provided by section one hundred two of\nthe executive law;\n  6. To appoint officers, agents and employees and fix their\ncompensation, provided, however, that the appointment of the executive\ndirector shall be subject to confirmation by the senate in accordance\nwith section twenty-eight hundred fifty-two of this chapter; subject\nhowever to the provisions of the civil service law, which shall apply to\nthe authority as a municipal corporation other than a city;\n  7. To make contracts, and to execute all instruments necessary or\nconvenient;\n  8. Subject to agreements with noteholders or bondholders, to fix and\ncollect such fees, rentals and charges for the use of the thruway or any\npart thereof necessary or convenient, with an adequate margin of safety,\nto produce sufficient revenue to meet the expense of maintenance and\noperation and to fulfill the terms of any agreements made with the\nholders of its notes or bonds, and to establish the rights and\nprivileges granted upon payment thereof.\n  9. To retain and employ private consultants on a contract basis for\nrendering professional and technical assistance and advice;\n  10. To construct, reconstruct or improve on or along the thruway in\nthe manner herein provided, suitable facilities for gas stations,\nrestaurants, and other facilities for the public, or to lease the right\nto construct, reconstruct or improve and operate such facilities; such\nfacilities shall be publicly offered for leasing for operation, or the\nright to construct, reconstruct or improve and operate such facilities\nshall be publicly offered under rules and regulations to be established\nby the authority, provided, however, that lessees operating such\nfacilities at the time this act becomes effective, may reconstruct or\nimprove them or may construct additional like facilities, in the manner\nand upon such terms and conditions as the board shall determine;\n  11. To construct and maintain over, under, along or across a thruway\nunder its jurisdiction telephone, telegraph, television, electric power\nand other wires or cables, pipe lines, water mains and other conduits\nand mechanical equipment, not inconsistent with the appropriate use of\nthe thruways, or to contract for such construction; and upon such terms\nand conditions as the board shall determine, to lease all or any part of\nsuch property and facilities or the right to use the same, whether such\nfacilities are constructed by the authority or under a contract for such\nconstruction, or to lease the right to construct and use such facilities\nor to grant permits or easements for such purposes to any governmental\nagency of the state of New York or to any public corporation, or to the\nUnited States of America or any governmental agency thereof for any\npublic purposes or to individuals, partnerships and corporations,\nprovided, however, that no lease or renewal thereof shall be granted for\na period of more than thirty years from the date when such lease is\nmade;\n  12. To borrow money and issue negotiable notes, bonds or other\nobligations and to provide for the rights of the holders thereof;\n  13. To enter on any lands, waters, or premises for the purpose of\nmaking borings, soundings, and surveys;\n  14. To accept any gifts or any grant of funds or property from the\nfederal government or from the state of New York or any other federal or\nstate public body or political subdivision or any other person and to\ncomply with the terms and conditions thereof;\n  15. To do all things necessary or convenient to carry out its purposes\nand exercise the powers expressly given in this title.\n
N.Y. PBA Law § 386 — New York Code / Act PBA / Article 2 / Title 9 / Section 386
Additional powers of the authority to issue special rail and aviation transportation bonds
Status: in_force

§ 386. Additional powers of the authority to issue special rail and\naviation transportation bonds. 1. The authority is hereby authorized, as\nan additional corporate purpose thereof to enter into service contracts,\ncontracts, agreements, deeds, leases with the director of the budget,\nthe commissioner of transportation, municipalities and others to provide\nfor the financing by the authority of rail and aviation transportation\nprojects as authorized by section fourteen-j of the transportation law.\n  2. The authority is hereby authorized, as an additional corporate\npurpose thereof, solely at the request of the director of the budget: a.\nto issue special rail and aviation transportation bonds, notes or other\nobligations in an aggregate principal amount not to exceed forty million\ndollars plus a principal amount of bonds, notes or other obligations\nissued (i) to fund any related debt service reserve fund, (ii) to\nprovide capitalized interest and (iii) to provide fees and other charges\nand expenses, including but not limited to legal fees, underwriters'\ndiscounts, related to the issuance of such bonds, notes and other\nobligations and the maintenance of such reserves, all as determined by\nthe authority, excluding bonds, notes or other obligations issued to\nrefund outstanding bonds, notes or other obligations issued pursuant to\nthis section. Such bonds, notes or other obligations may be issued for a\nterm not to exceed thirty years and shall be secured by the moneys\nprovided pursuant to a service contract, contract, lease or agreement\nentered into with the director of the budget, the commissioner of\ntransportation, municipalities or others pursuant to subdivision one of\nthis section for the purpose of financing activities pursuant to section\nfourteen-j of the transportation law, such service contract, contract,\nlease or agreement to provide for the payment of debt service, funding\nof necessary reserves and all other expenses of the authority as agreed\nto by the parties, provided, however, that such service contract,\ncontract, lease or agreement shall provide that the obligation of the\nstate to make such payments shall not constitute a debt of the state\nwithin the meaning of any constitutional or statutory provision and\nshall be deemed executory only to the extent of moneys made available to\nthe state, and that no liability on account thereof shall be incurred by\nthe state beyond the moneys available for the purpose thereof and that\nany obligation to make such payments shall be subject to annual\nappropriations by the legislature; to make available the proceeds net of\nall costs to the authority in connection therewith in accordance with\nsuch agreements or as authorized and directed by law for the purposes of\nfinancing activities pursuant to and in conformance with section\nfourteen-j of the transportation law.\n  3. Such obligations shall be issued or incurred with the approval of\nthe director of the budget and shall be special limited obligations of\nthe authority secured by and payable solely out of amounts appropriated\nby the legislature for payments pursuant to a service contract,\ncontract, lease or agreement authorized pursuant to subdivision one of\nthis section and any other funds appropriated by the legislature to the\nauthority therefor without recourse against any other assets, revenues\nor funds of or other payments due to the authority.\n  4. Such obligations shall contain on the face thereof a statement to\nthe effect that they shall not be deemed to be an obligation of the\nstate and that the state shall not be liable thereon.\n  5. All of the provisions of this title relating to bonds and notes,\nwhich are not inconsistent with the provisions of this section shall\napply to obligations authorized by this section, including but not\nlimited to the power to issue renewal notes or refunding bonds thereof,\nprovided, however, that the authority shall be authorized to issue\nvariable rate bonds or notes pursuant to this section only until June\nthirtieth, nineteen hundred ninety-four, after which date no bonds or\nnotes issued by the authority pursuant to this section may have interest\nrates which vary, provided further that the expiration of such authority\nshall not affect any such bonds or notes issued prior to such date.\n  6. The authorization, sale and issuance of bonds, notes or other\nobligations pursuant to this section shall not be deemed an action as\nsuch term is defined in article eight of the environmental conservation\nlaw for the purposes of such article. Such exemption shall be strictly\nlimited in its application to such financing activities of the authority\nand does not exempt the department of transportation or any other entity\nfrom compliance with such article.\n  7. The attorney general shall approve or disapprove of the form of any\nservice contract, contract, lease or agreement authorized pursuant to\nthis section.\n
N.Y. ENV Law § 37-0915 — New York Code / Act ENV / Article 37 / Title 9 / Section 37-0915
Enforcement and implementation
Status: in_force

§ 37-0915. Enforcement and implementation.\n  1. Failure to provide notice. A children's product containing a\nhigh-priority chemical may not be sold, offered for sale or distributed\nfor sale in this state unless the manufacturer has provided a report to\nthe department required under section 37-0907 of this title by the date\nrequired in such section. The commissioner may exempt a children's\nproduct from this prohibition if, in the commissioner's judgment, the\nlack of availability of the children's product could pose an\nunreasonable risk to public health, safety or welfare.\n  2. Statement of compliance. The department may request the\nmanufacturer of the children's product to provide a statement of\ncompliance on a form provided by the department, within fifteen days of\nreceipt of a request from the department. The statement of compliance\nshall:\n  (a) attest that the children's product does not contain the\nhigh-priority chemical; or\n  (b) attest that notification required by section 37-0913 of this title\nhas been provided;\n  (c) attest that the manufacturer has notified persons who sell the\nproduct in this state that the sale of the children's product is\nprohibited;\n  (d) attest that the presence of a high-priority chemical is only as a\ntrace contaminant; or\n  (e) attest that the chemical prohibited pursuant to subdivision two of\nsection 37-0909 of this title is only present in an inaccessible\ncomponent of the children's product.\n
N.Y. PBA Law § 1852 — New York Code / Act PBA / Article 8 / Title 9 / Section 1852
New York state energy research and development authority
Status: in_force

§ 1852. New York state energy research and development authority. 1.\nThe authority heretofore known and designated as the "New York state\natomic and space development authority" is hereby continued and shall\nhereafter be known and designated as the New York state energy research\nand development authority. Reference in any provision of law, general,\nspecial or local, or in any rule, regulation or public document to the\nNew York state atomic research and development authority or to the New\nYork state atomic and space development authority shall be deemed to be\nand construed as a reference to the authority continued by this section.\nThe authority shall be a body corporate and politic, constituting a\npublic benefit corporation.\n  2. The membership of the authority shall consist of thirteen members,\nto be as follows: the commissioner of the department of transportation,\nthe commissioner of the department of environmental conservation, the\nchair of the public service commission, the president and chief\nexecutive officer of the power authority of the State of New York, all\nof whom shall serve ex-officio; and nine members appointed by the\ngovernor by and with the advice and consent of the senate; one of whom\nshall be an engineer or a research scientist with a degree in the\nphysical sciences or engineering who has not been employed in the\nnuclear fission field for three years preceding the appointment and who\nshall not be so employed during his or her term; one of whom shall be an\neconomist who shall not have received more than one-tenth of his or her\nincome from an electric utility or gas utility for three years preceding\nthe appointment and who shall not so derive more than one-tenth of his\nor her income during such term; one of whom who shall be a member of a\nnot-for-profit environmental group; one of whom shall be a member of a\nnot-for-profit consumer group; one of whom who shall be an officer of a\nutility primarily engaged in the distribution of gas; and one of whom\nshall be an officer of an electric utility. The governor shall designate\nthe chair. Of the nine members appointed by the governor, two shall be\nappointed for terms expiring April first, nineteen hundred\nseventy-eight, two for terms expiring April first, nineteen hundred\neighty, two for terms expiring April first, nineteen hundred eighty-one,\nand three for terms expiring April first, nineteen hundred eighty-two.\nPersons appointed by the governor for full terms as successors to such\nmembers shall serve for terms of six years each commencing as of April\nfirst. In the event of a vacancy occurring in the office of a member by\ndeath, resignation or otherwise, the governor shall appoint a successor,\nby and with the advice and consent of the senate, to serve the balance\nof the unexpired term.\n  3. The chairman shall preside over meetings of the authority and shall\nserve as the primary liaison between the members and authority staff. A\nvice-chairman may be elected by the authority from among its other\nmembers to serve as such at the pleasure of the authority. The\nvice-chairman shall preside over all meetings of the authority in the\nabsence of the chairman and shall have such other duties as the\nauthority may prescribe. The president shall be the chief executive\nofficer of the authority and shall be primarily responsible for the\ndischarge of the executive and administrative functions of the\nauthority.\n  4. The members, including the chair, shall serve without compensation\nfor their services, but they shall be entitled to reimbursement for\ntheir actual and necessary expenses incurred in the performance of their\nofficial duties.\n  5. Any member may engage in private employment, or in a profession or\nbusiness, subject to the limitations contained in sections seventy-three\nand seventy-four of the public officers law; provided however, that\nnotwithstanding any other provision of law, the members of the authority\nwho are officers of an electric utility or a utility primarily engaged\nin the distribution of gas shall not be prohibited from participating\nand voting on any bond issue of the authority relating to air and water\npollution facilities for any utility other than for the utilities of\nwhich such members are officers respectively. The authority shall, for\nthe purposes of such sections, be a "state agency" and all members,\nincluding the chair, shall be "officers" of the agency for the purposes\nof said sections.\n  6. Notwithstanding any inconsistent provisions of law, general,\nspecial or local, no officer or employee of the state, or of any civil\ndivision thereof, shall be deemed to have forfeited or shall forfeit his\noffice or employment by reason of his acceptance of membership on the\nauthority; provided, however, a member who holds such other public\noffice or employment shall receive no additional compensation or\nallowance for services rendered pursuant to this article, but shall be\nentitled to reimbursement for his actual and necessary expenses incurred\nin the performance of such services.\n  7. The governor may remove any member for inefficiency, neglect of\nduty or misconduct in office after giving him a copy of the charges\nagainst him, and an opportunity to be heard, in person or by counsel, in\nhis defense, upon not less than ten days' notice. If any member shall be\nso removed, the governor shall file in the office of the department of\nstate a complete statement of charges made against such member, and his\nfindings thereon, together with a complete record of the proceedings.\n  8. A majority, but no fewer than five, of the members of the authority\nthen in office shall constitute a quorum for the transaction of any\nbusiness or the exercise of any power of the authority.\n  9. The authority may appoint such persons to serve as officers, agents\nor employees of the authority as it may deem advisable and may prescribe\ntheir duties and fix their compensation, subject to the civil service\nlaw and the rules and regulations of the civil service commission of the\nstate.\n  10. The authority may appoint one or more advisory committees\nconsisting of not more than seven members each to consider and advise\nthe authority upon all matters submitted to them by the authority and to\nrecommend to the authority such changes in the administration of this\ntitle and the operations of the authority as the advisory committee may\ndeem desirable. Members of advisory committees shall serve without\nsalary for such terms, not to exceed four years, as the authority may\ndetermine, and shall be entitled to reimbursement for their actual and\nnecessary travel expenses incurred in the performance of their official\nduties.\n
N.Y. GOB Law § 5-901 — New York Code / Act GOB / Article 5 / Title 9 / Section 5-901
Certain provisions of leases of personal property inoperative unless notice thereof given to lessee
Status: in_force

§ 5-901. Certain provisions of leases of personal property inoperative\nunless notice thereof given to lessee. No provision of a lease of any\npersonal property which states that the term thereof shall be deemed\nrenewed for a specified additional period unless the lessee gives notice\nto the lessor of his intention to release the property at the expiration\nof such term, shall be operative unless the lessor, at least fifteen\ndays and not more than thirty days previous to the time specified for\nthe furnishing of such notice to him, shall give to the lessee written\nnotice, served personally or by mail, calling the attention of the\nlessee to the existence of such provision in the lease. Nothing herein\ncontained shall be construed to apply to a contract in which the\nautomatic renewal period specified is one month or less.\n
N.Y. PBA Law § 384 — New York Code / Act PBA / Article 2 / Title 9 / Section 384
Additional powers of the authority to undertake and finance certain transportation projects
Status: in_force

§ 384. Additional powers of the authority to undertake and finance\ncertain transportation projects. 1. (a) The authority is hereby\nauthorized and directed, as an additional corporate purpose thereof, to\nenter into contracts or agreements with any private person or\ncorporation or with the state or local governments or with other public\ncorporations to finance, construct, reconstruct, improve or develop the\nfollowing transportation projects subject to the limitations prescribed\nby this section: (i) the projects, or portions thereof, known as the\ninner harbor project and the intermodal transportation project located\nin Onondaga county, including but not limited to, the consolidation of\nthe Syracuse canal terminal and the planning, design and construction of\nan intermodal transportation facility, provided, however, that prior to\nproceeding with the inner harbor project, the authority and the city of\nSyracuse shall enter into a memorandum of understanding regarding the\nundertaking of such project; (ii) the project, or portions thereof,\nknown as the horizons waterfront development project generally located\nin and around Erie county, and the New York state canal system generally\nlocated along the Erie canal in Erie and Niagara counties; and (iii) the\nproject, or portions thereof, known as the Stewart airport access\nproject located in Orange county to provide direct access to Stewart\ninternational airport from interstate eighty-four in the vicinity of the\nairport. Notwithstanding the provisions of article VI-A and section one\nhundred thirty-eight-c of the canal law and paragraph (m) of subdivision\nseven of section three hundred eighty-two of this chapter, the New York\nstate thruway authority, or the subsidiary corporation thereof, is\nauthorized to enter into an agreement with the city of Syracuse for the\nleasing of the land comprising the inner harbor project in Onondaga\ncounty. Any projects for the construction, reconstruction or improvement\nof property or structures undertaken pursuant to this section shall be\nin full compliance with title thirteen of article twenty-seven of the\nenvironmental conservation law and shall be deemed public works for the\npurposes of section two hundred twenty of the labor law and section one\nhundred three of the general municipal law, except that any contracts\nlet by the authority for the construction, reconstruction or improvement\nof such projects shall be subject to section three hundred fifty-nine of\nthis title. For the purposes of article fifteen-A of the executive law\nonly, the authority shall be deemed a state agency as that term is used\nin such article and its contracts for such projects as provided in this\narticle shall be deemed state contracts within the meaning set forth in\nsuch article.\n  (b) The authority is hereby authorized, as an additional corporate\npurpose thereof, to issue its bonds, notes and other obligations in\nconformity with applicable provisions of the uniform commercial code in\na principal amount necessary to achieve purposes enumerated in paragraph\n(a) of this subdivision, including a principal amount necessary to\nprovide capitalized interest for a period not to exceed six months\nsubject to the limitations in subdivision three of this section. In\ncomputing the total principal amount of bonds, notes and other\nobligations that may at any time be issued for any purpose under this\nsection, the amount of the outstanding bonds or notes that constitutes\ninterest under the United States internal revenue code of nineteen\nhundred eighty-six, as amended to the effective date of this section,\nshall be excluded.\n  2. All of the provisions of this title, which are not inconsistent\nwith the provisions of this section, shall apply to the projects and\nobligations authorized by this section, including but not limited to the\npower to issue renewal notes or refunding bonds.\n  3. The authority shall make available a total amount of moneys not\nexceeding fifty million dollars, exclusive of federal funds and any\nstate and local moneys which may be available, for capital purposes and\nfor the other purposes enumerated in this section. The fifty million\ndollar amount shall be distributed as follows: (a) (i) an amount not to\nexceed fifteen million dollars shall be made available for the project,\nor portions thereof, known as the inner harbor project located in\nOnondaga county including, but not limited to, dredging of inner harbor,\nreconstruction of harbor piers including but not limited to site\npreparation, utility lines, and hard edging of the pier, marina\ndevelopment including the establishment of dock space, parking, hoists,\nand lifts, shoreline and west side harbor landscaping, gateway and\nfinger park development, southern pier freighthouse rehabilitation, and\nthe reconstruction of Solars Boulevard including design and\nconstruction, excavation, curbing, lighting and paving and\ninfrastructure projects related thereto; (ii) an amount not to exceed\nfive million dollars shall be made available for the project, or\nportions thereof, known as the intermodal transportation facility\nlocated in Onondaga county and infrastructure projects related thereto;\n(b) an amount not to exceed fifteen million dollars shall be made\navailable for improvements related to the Buffalo inner harbor component\nof the horizons waterfront development project, or portions thereof,\ngenerally located in and around Erie county, and the New York state\ncanal system generally located along the Erie canal in Erie and Niagara\ncounties. The horizons waterfront development project improvements shall\ninclude the inner harbor project generally located in the city of\nBuffalo in the vicinity of the foot of Main street on the Buffalo river\nand may include, but not be limited to, the development of an\nautomobile, bus, rail, water taxi, cycling, and pedestrian intermodal\ntransportation hub and the waterfront area which will be serviced,\nincluding but not limited to design, environmental studies, real estate\nacquisition, construction, reconstruction, construction inspection,\nlandscaping, excavation and dredging, enhancement related improvements\nand infrastructure improvements related thereto. The improvements to the\nNew York state canal system may include but not be limited to\nconstruction, reconstruction, and development, terminal wall\nrehabilitation, transient docking, boater services, landscaping, and\nsignage in the city of Tonawanda and the city of North Tonawanda; and\n(c) an amount not to exceed fifteen million dollars shall be made\navailable for the project, or portions thereof, known as the Stewart\nairport access project located in Orange county to provide direct access\nto Stewart international airport from interstate eighty-four in the\nvicinity of the airport.\n
N.Y. ENV Law § 71-0921 — New York Code / Act ENV / Article 71 / Title 9 / Section 71-0921
Misdemeanors
Status: in_force

§ 71-0921. Misdemeanors.\n  The following acts are misdemeanors, punishable as herein provided,\nwhen they are done in violation of the section or subdivision thereof\nspecified, or if no section is specified, in violation of any section of\nthe Fish and Wildlife Law:\n  1. (a) The illegal taking of big game prior to the first day of the\nopen season or after the last day of the open season in the county or\npart thereof where taken, or the taking of big game with aid of an\nartificial light. Each such misdemeanor for a violation of this\nparagraph shall be punishable by imprisonment for not more than one year\nor by a fine of not less than five hundred dollars nor more than three\nthousand dollars, or by both such imprisonment and fine.\n  (b) Any illegal taking of a deer, other than a taking described in\nparagraph (a) of this subdivision, such misdemeanor shall be punishable\nby imprisonment for not more than one year or by a fine of not less than\ntwo hundred fifty dollars nor more than two thousand dollars, or by both\nsuch imprisonment and fine.\n  2. The illegal taking of a bear less than one year old or the taking\nof a bear by a means or method not permitted by this chapter. Such\nmisdemeanor shall be punishable by imprisonment for not more than one\nyear or by a fine of not more than two thousand dollars, or by both such\nimprisonment and fine. The sale of bear gallbladder/bile in violation of\nparagraph b of subdivision nine of section 11-0917 of this chapter shall\nbe punishable by a fine of five thousand dollars per violation.\n  3. Possession, use or discharge of a firearm in violation of\nsubdivision 1, 2, 4, 5, or 6 of section 11-0931 of this chapter. Each\nsuch misdemeanor shall be punishable by imprisonment for not more than\nthree months or by a fine of not less than two hundred dollars nor more\nthan one thousand dollars, or by both such imprisonment and fine.\n  4. a. Violations of:\n  (1) subdivision one of section 13-0309 of this chapter involving the\ntaking of shellfish from uncertified shellfish lands, or the possession,\ntransportation, sale or trafficking in shellfish so taken;\n  (2) subdivision two of section 13-0309 of this chapter involving the\ntaking of shellfish between sunset and sunrise;\n  (3) subdivision ten of section 13-0309 of this chapter involving the\npossession of a stick dredge after one prior conviction under such\nsubdivision for such activity;\n  (4) subdivision one of section 13-0311 of this chapter involving the\ntaking of shellfish without the required digger's permit;\n  (5) subdivision seven of section 13-0311 of this chapter involving the\ntaking of shellfish while one's digger's permit is suspended or revoked;\n  (6) subdivision one of section 13-0315 of this chapter involving the\nprocessing, transportation, shipment or sale of shellfish without the\nrequired shipper's or processor's permit;\n  (7) regulations promulgated by the department pursuant to section\n13-0319 of this chapter involving the failure to tag or seal shellfish\nor the falsifying of any information required on any tag or seal\nrequired by said regulations;\n  (8) subdivision five of section 13-0325 of this chapter, regarding the\ntaking of undersized clams, where the taking involves more than\ntwenty-four percentum of clams of less than legal size;\n  (9) regulations promulgated by the department pursuant to section\n13-0327 of this chapter, regarding the taking of undersized scallops,\nwhere the taking involves more than twenty-four percentum of scallops of\nless than legal size; and\n  (10) section 13-0344 of this chapter involving the dumping of objects\ninto the water after being signaled by a police officer or peace officer\nto stop for inspection.\n  b. Each such misdemeanor identified in paragraph a of this subdivision\nshall be punishable as follows:\n  (1) For a first conviction for any of the violations listed in\nparagraph a of this subdivision, by imprisonment for not more than sixty\ndays, a fine of not less than two hundred fifty dollars nor more than\none thousand dollars plus, if applicable, an amount equal to the market\nvalue of the shellfish involved in the violation, or by both such\nimprisonment and fine.\n  (2) For a second conviction for any of the violations listed in\nparagraph a of this subdivision, by imprisonment for not more than\nninety days, a fine of not less than five hundred dollars nor more than\ntwenty-five hundred dollars plus, if applicable, an amount equal to\nthree times the market value of the shellfish involved in the violation,\nor by both such imprisonment and fine.\n  (3) For a third or subsequent conviction for any of the violations\nlisted in paragraph a of this subdivision, by imprisonment for not more\nthan one hundred eighty days, a fine of not less than one thousand\ndollars nor more than ten thousand dollars plus, if applicable, an\namount equal to three times the market value of the shellfish involved\nin the violation, or by both such imprisonment and fine.\n  (4) Provided, further, that all equipment or conveyances used to\nharvest, transport or traffic in such illegal shellfish may be forfeited\nfor any third or subsequent conviction of the above violations, in\naddition to such penalties or imprisonment. Such forfeiture shall be in\naddition to any forfeiture authorized by section 71-0909 of this\narticle.\n  5. a. Violations of:\n  (1) subdivision three of section 13-0309 of this chapter involving the\nillegal use of dredges, scrapes or other devices operated by power or by\nboats propelled by motor or other mechanical means for the purpose of\ntaking shellfish;\n  (2) subdivision eight of section 13-0309 of this chapter involving the\noperation, use or placing, for whatever purpose, of dredges, rakes,\ntongs or other devices for the taking of shellfish in uncertified\nshellfish lands after a prior conviction under such subdivision for such\nactivity;\n  (3) subdivision nine of section 13-0309 of this chapter involving the\naltering, damaging, mutilating, moving or carrying away of buoys or\nmarkers used to designate the uncertified waters of the state;\n  (4) subdivision five of section 13-0325 of this chapter regarding the\ntaking of undersized clams, where the taking involves between ten and\ntwenty-four percentum of clams of less than legal size; and\n  (5) regulations promulgated by the department pursuant to section\n13-0327 of this chapter, regarding the taking of undersized scallops,\nwhere the taking involves between ten and twenty-four percentum of\nscallops of less than legal size.\n  b. Each such misdemeanor identified in paragraph a of this subdivision\nshall be punishable as follows:\n  (1) For a first conviction of any of the violations listed in\nparagraph a of this subdivision, by imprisonment for not more than\nthirty days, a fine of not less than two hundred fifty dollars nor more\nthan five hundred dollars plus, if applicable, an amount equal to the\nmarket value of the shellfish involved in the violation, or by both such\nimprisonment and fine.\n  (2) For a second conviction for any of the violations listed in\nparagraph a of this subdivision, by imprisonment not to exceed sixty\ndays, a fine of not less than five hundred dollars nor more than one\nthousand dollars plus, if applicable, an amount equal to the market\nvalue of the shellfish involved in the violation, or by both such\nimprisonment and fine.\n  (3) For a third or subsequent conviction for any of the violations\nlisted in paragraph a of this subdivision, by imprisonment for not more\nthan one hundred eighty days, a fine of not less than one thousand\ndollars nor more than five thousand dollars plus, if applicable, an\namount equal to the market value of the shellfish involved in the\nviolation, or by both such imprisonment and fine.\n  6. Violations of paragraph b of subdivision 3 or subdivision 5 or 12\nof section 13-0329 of this chapter. Each such misdemeanor shall be\npunishable by imprisonment for not more than one year or by a fine of\nnot less than five hundred dollars nor more than two thousand dollars,\nor by both such imprisonment and fine.\n  7. Violations of subdivision 7 or 11 of section 13-0329 of this\nchapter.  Each such misdemeanor shall be punishable by imprisonment for\nnot more than ninety days or by a fine of not less than five hundred\ndollars nor more than one thousand dollars, or by both such imprisonment\nand fine.\n  8. Making a false statement in applying for a license, privilege or\npermit under the Fish and Wildlife Law, or for a certificate in lieu of\na lost license or privilege or a duplicate hunting license tag under\ntitle 7 of article 11 of this chapter. Each such misdemeanor shall be\npunishable by imprisonment for not more than three months, or by a fine\nof not more than two hundred dollars, or by both such imprisonment and\nfine. In addition, the department may immediately revoke the license,\nprivilege, permit or certificate for which application was made for the\nremainder of its effective term.\n  9. Failure to give the department the prompt notification required\nunder subdivision 10 of section 13-0301 of this chapter, when the\nspecified buoys or markers are destroyed. Each such misdemeanor shall be\npunishable by imprisonment for not more than one year or by a fine of\nnot more than one thousand dollars, or by both such imprisonment and\nfine.\n  10. Violation of subdivision 10 of section 11-0901 involving the\nillegal taking of a moose. Each such misdemeanor shall be punishable by\nimprisonment for not more than one year or by a fine of not more than\ntwo thousand dollars, or by both such imprisonment and fine.\n  10-a. Violations of subdivision fourteen of section 11-0901 of this\nchapter involving unlawful contests, competitions, tournaments and\nderbys to take wildlife. Each such violation shall be punishable by a\nfine of not less than five hundred dollars nor more than two thousand\ndollars.\n  11. Any person who violates the provisions of section 11-0537 of this\nchapter, in the case of a first violation, shall be guilty of a class B\nmisdemeanor and, upon conviction thereof, shall be punished by a fine\nnot to exceed five thousand dollars or by imprisonment not to exceed\nninety days, or both; provided that in the case of a second or\nsubsequent violation such person shall be guilty of a class A\nmisdemeanor and, upon conviction thereof, shall be punished by a fine\nnot to exceed ten thousand dollars or imprisonment not to exceed one\nyear, or both; provided, further, that the commission of each taking or\nother act prohibited by section 11-0537 of this chapter with respect to\na bald or golden eagle shall constitute a separate violation of this\nsection; provided, further, that one-half of any such fine, but not to\nexceed two thousand five hundred dollars, shall be paid to the person or\npersons giving information which leads to conviction.\n  12. Any violation of section 13-0344 of this chapter is punishable by\nimprisonment for not more than thirty days, or by a fine of not less\nthan two hundred fifty dollars nor more than one thousand dollars, or by\nboth such fine and imprisonment.\n  13. Violations of subdivision one or two of section 11-1904 of this\nchapter. Each such misdemeanor shall be punishable by a fine of not more\nthan two thousand five hundred dollars, or by imprisonment for not more\nthan one year, or by both such fine and imprisonment; except that where\nthe person convicted of violating such subdivision has gained money or\nproperty through the commission of the violation, in lieu of the two\nthousand five hundred dollar maximum fine provided for herein, the court\nmay impose a fine in accordance with the provisions of subdivision five\nof section 80.05 of the penal law.\n  14. Violation of subparagraph one, two or four of paragraph b of\nsubdivision one of section 11-0719 of this chapter involving the\nrevocation and suspension of hunting, trapping, or fishing licenses.\nEach such misdemeanor shall be punishable by imprisonment for not more\nthan ninety days, or by a fine of not less than five hundred dollars nor\nmore than one thousand dollars, or by both such imprisonment and fine.\n
N.Y. ENV Law § 11-0907 — New York Code / Act ENV / Article 11 / Title 9 / Section 11-0907
Deer and bear; open hunting seasons; bag limits
Status: in_force

§ 11-0907. Deer and bear; open hunting seasons; bag limits.\n  1. a. Wild deer without antlers or having antlers measuring less than\nthree inches in length shall not be taken unless it is taken (1) by long\nbow in a special long bow season established in subdivision three of\nthis section, or (2) by muzzle-loading firearm in a special\nmuzzle-loading firearm season established in subdivision eight of this\nsection, or (3) by long bow in Westchester and Suffolk Counties in a\nyear in which a regular season for deer of either sex is established for\nsuch counties, or (4) in a special open season for deer of either sex\nfixed by regulation pursuant to subdivision five or seven of section\n11-0903 of this title, or (5) pursuant to a special antlerless deer\nlicense in a special open season for antlerless deer in a tract within a\nWilderness Hunting Area fixed by regulation pursuant to subdivision six\nof section 11-0903 of this title, or (6) pursuant to a deer management\npermit by a person eligible to take such deer pursuant thereto as\nprovided in section 11-0913 of this title, or (7) pursuant to a permit\nissued to an eligible non-ambulatory person, pursuant to subdivision two\nof section 11-0931 of this title, while in possession of a valid license\nissued by the department which authorizes the holder to hunt big game.\nNothing in this subparagraph shall be construed to limit the power of\nthe department to designate by regulation an area or areas of the state\nconsisting of a county or part of a county where such season shall apply\nand whether the number of such special permits shall be limited.\n  b. Except in the Northern Zone as defined in subdivision 15 of section\n11-0103, bear which the taker knows or should know to be less than one\nyear old shall not be taken.\n  * c. The limit for wild deer is one deer per person in a license year\nexcept that (1) a person entitled to exercise the privileges of a\nspecial antlerless deer license may take an antlerless deer while\nhunting pursuant to such license in addition to the limit of one deer in\na license year otherwise applicable, (2) a person who is a member of a\nhunting group holding a deer management permit or permits issued\npursuant to section 11-0913 of this article may take additional deer\nwhile hunting in accordance with the conditions of the permit or\npermits, (3) the holder of a bowhunting privilege or a muzzle-loading\nprivilege may take up to two additional deer, pursuant to regulations\npromulgated by the department, and (4) an eligible non-ambulatory\nperson, pursuant to subdivision 2 of section 11-0931 of this article may\ntake a deer of either sex in any wildlife management unit area where\ndeer management permits have been issued by the department, while in\npossession of a valid hunting license. Nothing contained in this section\nshall be construed to limit the power of the department to designate by\nregulation an area or areas of the state consisting of a county or part\nof a county where such season shall apply and whether the number of such\nspecial permits shall be limited.\n  * NB Effective until December 31, 2027\n  * c. The limit for wild deer and bear is one deer and one bear per\nperson in a license year except that (1) a person entitled to exercise\nthe privileges of a special antlerless deer license may take an\nantlerless deer while hunting pursuant to such license in addition to\nthe limit of one deer in a license year otherwise applicable, (2) a\nperson who is a member of a hunting group holding a deer management\npermit or permits issued pursuant to section 11-0913 of this article may\ntake additional deer while hunting in accordance with the conditions of\nthe permit or permits, (3) the holder of a bowhunting privilege or a\nmuzzle-loading privilege may take up to two additional deer, pursuant to\nregulations promulgated by the department, and (4) an eligible\nnon-ambulatory person, pursuant to subdivision 2 of section 11-0931 of\nthis article may take a deer of either sex in any wildlife management\nunit area where deer management permits have been issued by the\ndepartment, while in possession of a valid hunting license. Nothing\ncontained in this section shall be construed to limit the power of the\ndepartment to designate by regulation an area or areas of the state\nconsisting of a county or part of a county where such season shall apply\nand whether the number of such special permits shall be limited.\n  * NB Effective December 31, 2027\n  d. (1) A person who holds licenses and privileges authorizing the\nholder to hunt deer during a special archery season and the regular open\nseason and who has taken a deer by longbow in a special archery season\nand who has not taken a deer in a regular open season may, in addition\nto the limit of one deer in a license year otherwise applicable, take\nduring the same license year additional deer as specified by department\nregulation in a special archery season following the close of the\nregular open deer season.\n  (2) A person who holds licenses and privileges authorizing the holder\nto hunt deer during a special archery season and the regular open season\nand who has taken a deer by longbow in the regular open season for deer\nin Westchester or Suffolk counties may, in addition to the limit of one\ndeer in a license year otherwise applicable, take during the same\nlicense year additional deer as specified by department regulation\nduring such Westchester or Suffolk county regular open deer season.\n  e. A person who holds licenses and privileges authorizing the holder\nto hunt deer during a special muzzle-loading season and the regular open\nseason and who has taken a deer by muzzle-loading firearm in a\nmuzzle-loading season and who has not taken a deer in a regular open\nseason may, in addition to the limit of one deer in a license year\notherwise applicable, take during the same year additional deer as\nspecified by department regulation in a special muzzle-loading season\nfollowing the close of the regular deer season.\n  2. Regular seasons. * a. Regular open hunting seasons for deer are\nestablished separately for the named regions or parts of regions, or\nnamed counties listed in column one of the table set forth in this\nsubdivision, and are specified as seasons for taking by pistol, rifle,\nshotgun or long bow, or for taking by shotgun, crossbow or long bow\nonly, or for taking by long bow only, as indicated in column three\nentitled "Manner of Taking". Where taking of big game by shotgun is\npermitted by this chapter such shotgun may contain rifling in all or a\nportion of the barrel, provided, however, if the barrel or a portion\nthereof does contain rifling only shells having non-metallic cases,\nexcept for the base, may be used. In the areas identified in column one\nexcept in the "closed areas" specified in subdivision five of this\nsection the game specified in column two may be taken in the open season\nstated in column two immediately following the specification of the\ngame, in the manner specified in column three.\n                                  TABLE\n     Column One                Column Two               Column Three\n        Area              Game and Open Season        Manner of Taking\n(a) Northern Zone         Deer, next to last       Pistol, rifle,\n                          Saturday in October      shotgun, crossbow\n                          through first Sunday      or long bow\n                          in December\n(b) Catskill region       Deer, first Monday       Pistol, rifle,\n  except Delaware,        after November 15        shotgun, crossbow\n  Greene, Sullivan,       through first Tuesday    or long bow\n  Ulster counties         after December 7\n  and those counties\n  or portions thereof\n  listed in item (i)\n  of this paragraph\n(c) Counties of           Deer, first Monday       Pistol, rifle,\n  Delaware, Greene,       after November 15        shotgun, crossbow\n  Sullivan and Ulster     through first Tuesday    or long bow\n                          after December 7\n** (d) Eastern region,    Deer, first Monday       Pistol, shotgun,\n  except Albany,          after November 15        crossbow,\n  Columbia, Fulton,       through first Tuesday    muzzle loading\n  Orange, Rensselaer,     after December 7         firearm or\n  Saratoga, Schenectady,                           long bow only\n  Washington Counties\n  and those counties\n  or portions thereof\n  listed in item (i)\n  of this paragraph\n** NB Effective until October 1, 2026\n** (d) Eastern region,    Deer, first Monday       Pistol, shotgun,\n  except Columbia,        after November 15        crossbow,\n  Fulton, Orange,         through first Tuesday    muzzle loading\n  Rensselaer, Saratoga,   after December 7         firearm or\n  Schenectady,                                     long bow only\n  Washington Counties\n  and those counties\n  or portions thereof\n  listed in item (i)\n  of this paragraph\n** NB Effective October 1, 2026\n(e) Fulton, Saratoga,     Deer, first Monday       Pistol, rifle,\n  Schenectady,            after November 15        shotgun, crossbow\n  Washington (parts       through first Tuesday    or long bow\n  in the Southern         after December 7\n  zone), Columbia,\n  Orange, and\n  Rensselaer\n  counties\n** (f) Southern tier,     Deer, first              Pistol, shotgun,\n  central and Western     Monday after November    crossbow,\n  region, except those    15 through first         muzzle loading\n  counties or portions    Tuesday after            firearm or\n  thereof listed in       December 7               long bow only\n  item (i), (j), (k),\n  (l), (m), (n), (o),\n  (p) or (q) of this\n  paragraph\n** NB Effective until October 1, 2026\n** (f) Southern tier,     Deer, first              Pistol, shotgun,\n  central and Western     Monday after November    crossbow,\n  region, except those    15 through first         muzzle loading\n  counties or portions    Tuesday after            firearm or\n  thereof listed in       December 7               long bow only\n  item (i), (j), (k),\n  (l), (m) or (n),\n  or (p) of this\n  paragraph\n** NB Effective October 1, 2026 until October 1, 2027\n** (f) Southern tier,     Deer, first              Pistol, shotgun,\n  central and Western     Monday after November    crossbow,\n  region, except those    15 through first         muzzle loading\n  counties or portions    Tuesday after            firearm or\n  thereof listed in       December 7               long bow only\n  item (i), (j), (k)\n  or (l), or (n) of\n  this paragraph\n** NB Effective October 1, 2027\n(g) Westchester           Deer of either sex,      long bow only\n  County                  November 1 through\n                          December 31\n(h) Suffolk County        Deer of either sex       long bow only\n                          Second Monday in\n                          November through\n                          March thirty-first\n(i) The counties of       Deer, the first Monday   Pistol, shotgun,\n  Allegany, Cattaraugus,  after November 15        crossbow,\n  Cayuga, Chautauqua      through first Tuesday    muzzle loading\n  except that portion     after December 7         firearm, rifle or\n  of the county north                              long bow only\n  of route 20, Chemung,\n  Chenango, Herkimer,\n  Madison,\n  Montgomery, Oneida,\n  Oswego, Otsego,\n  Schoharie, Schuyler,\n  Steuben, Tioga,\n  Wyoming, Seneca\n  and Yates\n  and that portion of\n  the county of\n  Broome east of the\n  Susquehanna river\n(j) The county of         Deer, the first Saturday Pistol, shotgun,\n  Genesee                 after November 15        crossbow, muzzle\n                          through first Sunday     loading firearm,\n                          after December 7         rifle or long bow\n(k) The county of         Deer, the first          Pistol, shotgun,\n   Ontario                Saturday after November  crossbow,\n                          15 through first Sunday  muzzle loading\n                          after December 7         firearm, rifle or\n                                                   long bow only\n(l) The county of         Deer, the first          Pistol, shotgun,\n   Wayne                  Saturday after November  crossbow,\n                          15 through first Sunday  muzzle loading\n                          after December 7         firearm, rifle\n                                                   or long bow only\n** (m) The county of      Deer, the first          Pistol, shotgun,\n   Albany                 Saturday after November  crossbow, muzzle\n                          15 through first Sunday  loading firearm,\n                          after December 7         rifle or long bow\n                                                   only\n** NB There are 2 item (m)'s\n** NB Repealed October 1, 2026\n** (m) The county of      Deer, the first Saturday Pistol, shotgun,\n   Livingston             after November 15        crossbow, muzzle\n                          through first Sunday     loading firearm,\n                          after December 7         rifle or long bow\n** NB There are 2 item (m)'s\n** (n) The county of      Deer, the first          Pistol, shotgun,\n Broome west of the       Saturday after November  crossbow, muzzle\n Susquehanna river        15 through first Sunday  loading firearm,\n except within the        after December 7         rifle or long bow\n city of Binghamton\n** NB There are 2 item (n)'s\n** (n) The county of      Deer, the first Saturday Pistol, shotgun,\n Orleans                  after November 15        crossbow, muzzle\n                          through first Sunday     loading firearm,\n                          after December 7         rifle or long bow\n** NB There are 2 item (n)'s\n** (o) The county of      Deer, the first          Pistol, shotgun,\n    Tompkins              Saturday after November  crossbow, muzzle\n                          15 through first Sunday  loading firearm,\n                          after December 7         rifle or long bow\n** Repealed October 1, 2026\n** (p) The county of      Deer, the first          Pistol, shotgun,\n  Onondaga                Saturday after November  crossbow, muzzle\n                          15 through first Sunday  loading firearm,\n                          after December 7         rifle or long bow\n** Repealed October 1, 2027\n** (q) The county of    Deer, the first Saturday   Pistol, shotgun,\nNiagara except          after November 15          crossbow, muzzle\nwithin the city of      through first Sunday       loading firearm,\nNiagara Falls, the      after December 7           rifle or long bow\ncity of Lockport\nand the city of\nNorth Tonawanda\n  ** NB Repealed October 1, 2026\n  * NB Effective until December 31, 2027\n  * a. Regular open hunting seasons for big game are established\nseparately for the named regions or parts of regions, or named counties\nlisted in column one of the table set forth in this subdivision, and are\nspecified as seasons for taking by pistol, rifle, shotgun or long bow,\nor for taking by shotgun or long bow only, or for taking by long bow\nonly, as indicated in column three entitled "Manner of Taking". Where\ntaking of big game by shotgun is permitted by this chapter such shotgun\nmay contain rifling in all or a portion of the barrel, provided,\nhowever, if the barrel or a portion thereof does contain rifling only\nshells having non-metallic cases, except for the base, may be used. In\nthe areas identified in column one except in the "closed areas"\nspecified in subdivision 5 the game specified in column two may be taken\nin the open season stated in column two immediately following the\nspecification of the game, in the manner specified in column three.\n                                  TABLE\n     Column One                Column Two               Column Three\n        Area              Game and Open Season        Manner of Taking\n(a) Northern Zone         Deer and bear, next       Pistol, rifle,\n                          to last Saturday in       shotgun,\n                          October through first     crossbow\n                          Sunday in December        or long bow\n(b) Catskill region       Deer and bear, first      Pistol, rifle,\n  except Delaware,        Monday after              shotgun,\n  Greene, Sullivan,       November 15 through       crossbow\n  Ulster counties         first Tuesday after       or long bow\n  and those counties      December 7\n  or portions thereof\n  listed in item (i)\n  of this paragraph\n(c) Counties of           Deer, first Monday        Pistol, rifle,\n  Delaware, Greene,       after November 15         shotgun,\n  Sullivan and Ulster     through first Tuesday     crossbow\n                          after December 7;         or long bow\n                          Bear, first Monday\n                          after November 15\n                          through second\n                          Tuesday after\n                          December 7\n(d) Eastern region,       Deer and bear,            Pistol, shotgun,\n  except Columbia,        first Monday after        crossbow, muzzle\n  Fulton, Orange,         November 15 through       loading firearm\n  Rensselaer, Saratoga,   first Tuesday after       or long bow only\n  Schenectady,            December 7\n  Washington Counties\n  and those counties\n  or portions thereof\n  listed in item (i)\n  of this paragraph\n(e) Fulton, Saratoga,     Deer and bear, first      Pistol, rifle,\n  Schenectady,            Monday after November     shotgun,\n  Washington (parts       15 through first          crossbow\n  in the Southern         Tuesday after             or long bow\n  zone), Columbia,        December 7\n  Orange, and\n  Rensselaer\n  counties\n(f) Southern tier,        Deer and bear, first      Pistol, shotgun,\n  central and Western     Monday after November     crossbow, muzzle\n  region, except those    15 through first          loading firearm\n  counties or portions    Tuesday after             or long bow only\n  thereof listed in       December 7\n  item (i), (j), (j),\n  (k), (l) **, (m),**\n  **(n)** or (o) of this\n  paragraph\n** NB "(m)" expires October 1, 2026\n** NB "(n)" expires October 1, 2027\n** NB "(o)" expires October 1, 2026\n(g) Westchester           Deer of either sex,       Long bow only\n  County                  November 1 through\n                          December 31\n(h) Suffolk County        Deer of either sex        long bow only\n                          Second Monday in\n                          November through\n                          March thirty-first\n(i) The counties of       Deer and bear, the        Pistol, shotgun,\n  Allegany, Cattaraugus,  first Monday after        crossbow,\n  Chautauqua except       November 15 through       muzzle loading\n  that portion of the     first Tuesday after       firearm, rifle or\n  county north of route   December 7                long bow only\n  20, Chenango,\n  Herkimer, Montgomery,\n  Oneida, Oswego,\n  Otsego, Schoharie,\n  Tioga and Wyoming\n  and that portion\n  of the county\n  of Broome east of the\n  Susquehanna river\n** (j) The county of      Deer and bear, the        Pistol, shotgun,\n   Ontario                first Saturday after      crossbow,\n                          November 15 through       muzzle loading\n                          first Sunday after        firearm, rifle or\n                          December 7                long bow only\n** NB There are 2 item (j)'s\n** (j) The county of      Deer and bear, the first  Pistol, shotgun,\n   Wayne                  Saturday after November   crossbow, muzzle\n                          15 through first Sunday   loading firearm,\n                          after December 7          rifle or long bow\n                                                    only\n** NB There are 2 item (j)'s\n(k) The county of         Deer and bear, the first  Pistol, shotgun,\n Livingston               Saturday after November   crossbow, muzzle\n                          15 through first Sunday   loading firearm,\n                          after December 7          rifle or long bow\n** (l) The county of      Deer and bear, the        Pistol, shotgun,\n Broome west of the       first Saturday after      crossbow, muzzle\n Susquehanna river        November 15 through       loading firearm,\n except within the        first Sunday after        rifle or long\n city of Binghamton       December 7                bow only\n** NB There are 4 item (l)'s\n** (l) The county of      Deer and bear, the        Pistol, shotgun,\n Genesee                  first Saturday after      crossbow, muzzle\n                          November 15 through       loading firearm,\n                          first Sunday after        rifle or long\n                          December 7                bow only\n** NB There are 4 item (l)'s\n** (l) The county of      Deer and bear, the first  Pistol, shotgun,\n  Seneca                  Saturday after November   crossbow, muzzle\n                          15 through first          loading firearm,\n                          Sunday after              rifle or long\n                          December 7                bow only\n** NB There are 4 item (l)'s\n** (l) The county of      Deer and bear, the        Pistol, shotgun,\n  Orleans                 first Saturday after      crossbow, muzzle\n                          November 15 through       loading firearm,\n                          first Sunday after        rifle or long\n                          December 7                bow only\n** NB There are 4 item (l)'s\n** (m) The county of      Deer and bear, the        Pistol, shotgun,\n    Tompkins              first Saturday after      crossbow, muzzle\n                          November 15 through       loading firearm,\n                          first Sunday after        rifle or long\n                          December 7                bow only\n** NB Repealed October 1, 2026\n** (n) The county of      Deer and bear, the        Pistol, shotgun,\n  Onondaga                first Saturday after      crossbow, muzzle\n                          November 15 through       loading firearm,\n                          first Sunday after        rifle or long\n                          December 7                bow only\n** Repealed October 1, 2027\n** (o) The county         Deer and bear, the       Pistol, shotgun,\nof Niagara                first Saturday after     crossbow, muzzle\nexcept the city           November 15 through      loading firearm,\nof Niagara Falls,         first Sunday after       rifle or long\nthe city of Lockport      December 7               bow only\nand the city of North\nTonawanda\n** NB Repealed October 1, 2026\n* NB Effective December 31, 2027\n  * b. Regular open hunting seasons for bear are fixed by regulation\npursuant to subdivision 8 of section 11-0903. The implements allowed for\nbear hunting will be the same as those allowed for deer hunting as\nlisted in column three of the table set forth in paragraph a of this\nsubdivision.\n  * NB Expires December 31, 2027\n  3. Special archery seasons.\n  * a. In every area identified in column one of the table set forth in\nsubdivision 2 of this section, except Westchester and Suffolk Counties\nin which a regular open season for taking deer by firearms is\nestablished and effective, a special open season is established for\ntaking deer of either sex, by the use of a long bow only by holders of a\nhunting license with a valid bowhunting privilege.\n  * NB Effective until December 31, 2027\n  * a. In every area identified in column one of the table set forth in\nsubdivision 2 of this section, except Westchester and Suffolk Counties\nin which a regular open season for taking deer by firearms is\nestablished and effective, a special open season is established for\ntaking deer of either sex, and bear, by the use of a long bow only by\nholders of a hunting license with a valid bowhunting privilege.\n  * NB Effective December 31, 2027\n  * b. Such special open deer hunting season for each area shall be from\nOctober 15 through the day immediately preceding the regular open season\nfor deer stated in column two of the table set forth in subdivision 2,\nexcept that in the Northern Zone each special season shall be from\nSeptember 27 through the Friday immediately preceding the next to last\nSaturday in October, and in the Southern Zone such special season shall\nalso include the five days following the closing of the regular open\nseason.\n  * NB Effective until December 31, 2027\n  * b. Such special open season for each area shall be from October 15\nthrough the day immediately preceding the regular open season for deer\nstated in column two of the table set forth in subdivision 2, except\nthat in the Northern Zone each special season shall be from September 27\nthrough the Friday immediately preceding the next to last Saturday in\nOctober, and in the Southern Zone such special season shall also include\nthe five days following the closing of the regular open season.\n  * NB Effective December 31, 2027\n  * c. A similar special open bear hunting season may be fixed by\nregulation pursuant to subdivision 8 of section 11-0903.\n  * NB Expires December 31, 2027\n  4. a. "Northern Zone" and "Southern Zone" are defined in section\n11-0103.\n  b. "Catskill region" means that part of the Southern Zone consisting\nof the counties of Greene, Sullivan, Ulster; those parts of Broome and\nChenango counties easterly of the Susquehanna River from its junction\nwith the Unadilla River at the Chenango-Otsego County boundary line to a\npoint where it intersects the New York-Pennsylvania line; that part of\nOtsego County south of the main line tracks of the Delaware and Hudson\nRailroad Company; and those parts of Delaware and Schoharie counties\nlying south and west of a line beginning at the intersection of the main\nline tracks of the Delaware and Hudson Railroad Company with the\nOtsego-Schoharie County line to the village of Richmondville, thence\nsouth on Route 10 to its intersection with Route 23 in the village of\nStamford, thence easterly along Route 23 to its intersection with\nSchoharie County Route 342 thence easterly along Schoharie County Route\n342 to its intersection with Schoharie County Route 3; thence easterly\nalong Schoharie County Route 3 to the Albany-Schoharie County line.\n  c. "Eastern region" means that part of the Southern Zone easterly of a\ncontinuous line formed by the Susquehanna river commencing at its\nintersection with the New York-Pennsylvania boundary in the town of\nWindsor in Broome county to its confluence with the Unadilla river, by\nthe Unadilla river from its confluence with the Susquehanna river to its\nintersection with the Herkimer-Otsego county boundary, by the\nOtsego-Herkimer county boundary and by the Oneida-Herkimer county\nboundary to the Northern Zone, except (1) the "Catskill region" defined\nin paragraph b and (2) Westchester county.\n  d. "Southern tier, central and western region" means that part of the\nSouthern Zone lying westerly of the continuous line described in\nparagraph c.\n  5. Closed areas. The following areas are closed to the taking of deer\nand bear:\n  a. In Monroe County, the area bounded and described as follows: On the\nwest by Route 261 (Manitou Road) beginning at Manitou Beach on Lake\nOntario in the town of Greece and continuing southerly along such road\nto its intersection with the Barge Canal, thence easterly along such\ncanal to East Avenue in the village of Pittsford, thence northeasterly\nalong East Avenue to Allen Creek in the town of Brighton, thence\nnortherly along Allen Creek to Irondequoit Creek, thence northerly along\nIrondequoit Creek to Irondequoit Bay, thence northerly along the\neasterly shore of Irondequoit Bay to Lake Ontario; except that deer of\neither sex may be taken during the regular and special deer hunting\nseasons provided for in this title by the use of a longbow by holders of\nlicenses which authorize the holder to hunt deer during a special\narchery season and provided further that this exception permitting the\ntaking of deer by a longbow shall not apply within an area in the town\nof Greece bounded and described as follows: On the west by Long Pond\nRoad beginning at Latta Road and continuing southerly along such road to\nits intersection with Maiden Lane, thence easterly along Maiden Lane to\nits intersection with Mt. Read Blvd., thence northerly along Mt. Read\nBlvd. to its intersection with Latta Road, thence westerly along Latta\nRoad to its intersection with Long Pond Road at the point of beginning.\n  b. In Erie County, the area bounded by a continuous line beginning at\nthe point of confluence of the east branch of the Niagara River and the\nTonawanda Creek, and from said point of beginning easterly along the\nsouth bank of Tonawanda Creek to its intersection with highway 78,\nthence southerly along highway 78 to its intersection with Greiner Road,\nthence easterly along Greiner Road to its junction with highway 268,\nthence southerly along highway 268 to its intersection with highway 5,\nthence westerly along highway 5 to its junction with Ransom Road, thence\nsoutherly along Ransom Road to its intersection with highway 33, thence\nwesterly along highway 33 to its intersection with highway 78, thence\nsoutherly along highway 78 to its intersection with highway 20, thence\nsouthwesterly along highway 20 to its intersection with highway 20-a,\nthence westerly along the extension of highway 20-a to Lake Erie, thence\nnortherly along the shores of Lake Erie and the Niagara River to the\nplace of beginning.\n  c. Nassau County.\n  d. In Herkimer county, town of Webb, the area bounded by a continuous\nline beginning at the intersection of the Judson Road and the\nHerkimer-Hamilton county boundary line, thence westerly to the Higby\nroad, continuing southwesterly to its intersection with the Big Moose\nroad (Herkimer county highway 1), thence north and westerly along the\nBig Moose road to its intersection with the Martin road and easterly\nalong the Martin road to its end, thence back to the lake shore and back\nalong and around the shore of Big Moose lake (starting westerly) to the\nHerkimer-Hamilton county boundary on the shore and then south along the\nboundary line ending at the Judson road, the point of beginning.\n  e. In Herkimer and Hamilton counties, the area bounded by a continuous\nline beginning at the junction of the South Shore Road and Route 28 in\nthe village of Old Forge and extending northeasterly along Route 28 to\nthe hamlet of Inlet and thence southwesterly along the South Shore Road\nto the point of beginning.\n  7. Areas restricted to long bow only.\n  a. The area described in this subdivision is closed to the taking of\ndeer and bear by firearms, but shall be open for taking deer by the use\nof a longbow only by holders of licenses which authorize the holders to\nhunt deer during a special archery season as follows: during the special\ndeer season stated in subdivision 3 of this section and during the\nregular season stated in subdivision 2 of this section, deer of either\nsex may be taken.\n  b. This subdivision applies to that area in Albany county east of the\nPenn Central West Shore railroad starting at the Schenectady county line\nin the town of Guilderland and continuing to its confluence with the\nPenn Central Hudson River connecting railroad, thence along such Penn\nCentral Hudson River connecting railroad until it meets Route 32 in\nFeura Bush and northeast on Route 32 to its juncture with Feura Bush\nroad, then east along Feura Bush road to its juncture with Route 144 in\nGlenmont, then south along Route 144 to the Vlaman Kill, then east along\nthe Vlaman Kill to the Hudson river.\n  8. Muzzle-loading firearm big game season.\n  a. In every area identified in column one of the table set forth in\nsubdivision two of this section, except those areas restricted to\nspecial seasons for taking deer by longbow only, special open seasons\nmay be established by regulation for taking deer and/or bear, by the use\nof muzzle-loading firearms, of not less than .44 caliber shooting a\nsingle projectile by the holders of a hunting license with a valid\nmuzzle-loading privilege.\n  b. Such special open season for the Southern Zone shall be for the\nseven day period immediately preceding the regular open season for deer\nstated in column two of the table set forth in subdivision two of this\nsection, except that the department may, by regulation, fix such open\nseason in the Southern Zone or any portion thereof to be either the\nseven days immediately preceding or immediately following the regular\nopen season for deer.\n  c. Until December thirty-first, two thousand twenty-seven, such\nspecial season for the Northern Zone or any portion thereof may by\nregulation be for up to a fourteen-day period preceding the regular open\nseason for deer stated in column two of the table set forth in\nsubdivision 2 of this section or may be for up to a fourteen-day period\nfollowing such open season or any combination thereof, provided that a\nmaximum of sixteen days is not exceeded for any open area. Regulations\nestablishing such Northern Zone muzzle-loading firearm big game season\nmay specify the taking of deer of either sex, antlerless deer only,\nlegal bucks only, or any combination thereof, and may require that\npersons participating in the Northern Zone muzzle-loading firearm big\ngame season obtain a special permit from the department. When\nestablishing these regulations, the department must consider the\ncondition of the herd and communities', property owners', hunters' and\nother relevant interests.\n  9. Notwithstanding any inconsistent provision of this chapter, big\ngame may be taken on any day of the week during open season or a special\nseason in those parts of New York state east of a line starting at the\njuncture of the shore of Lake Ontario and West Bay road; then southerly\nalong West Bay road to Route 104A; then easterly along Route 104A to\nRoute 38; then southerly along Route 38 to the New York State Thruway\nInterstate 90 at Port Byron; then southwesterly along Interstate 90 to\nRoute 90 near Montezuma; then southerly along Route 90 to Route 20; then\nwesterly along Route 20 to the east bank of Seneca River; then southerly\nalong the east bank of Seneca River to the east shore of Cayuga Lake;\nthen southerly along the east shore of Cayuga Lake to Cayuga Creek; then\nsoutherly along the east bank of Cayuga Creek to Route 96 in Ithaca;\nthen southerly along Route 96 to Sabin Road in Spencer; then southerly\nand westerly along Sabin Road to Dean Creek Road; then southwesterly\nalong Dean Creek Road to Route 34; then southerly along Route 34 to the\nPennsylvania boundary.\n  10. Notwithstanding any provision of this chapter, or any prior\nnotwithstanding language in this article, the department may, by\nregulation, authorize the taking of big game by the use of a crossbow by\nany licensed person in any big game season in any area in which a long\nbow is permitted.\n
N.Y. PBA Law § 1219 — New York Code / Act PBA / Article 5 / Title 9 / Section 1219
Continuity of jurisdiction
Status: in_force

§ 1219. Continuity of jurisdiction. The authority shall be deemed and\nheld to constitute a continuation, as to matters within its\njurisdiction, of the board of transportation for the purpose of\nsuccession to the rights, powers, duties and obligations of the board of\ntransportation transferred to such authority. Upon the termination of\nthe agreement of transfer provided for in section eighteen hundred three\nof this title or of any renewal thereof, all the rights and properties\nof the authority shall pass to the city and the city shall succeed to\nthe rights, powers, duties and obligations of the authority.\n
N.Y. PBA Law § 1897 — New York Code / Act PBA / Article 8 / Title 9-A / Section 1897
Training services
Status: in_force

§ 1897. Training services. 1. The authority, in consultation with the\ndepartment of labor, shall enter into contracts with constituency-based\norganizations, workforce development organizations, labor organizations,\nand other training-related organizations, for the purpose of supporting\nthe "green jobs-green New York program" with employment and training\nservices. Such contracts shall provide for (a) training of individuals\nto participate in outreach and marketing activities, perform energy\naudits and provide qualified energy efficiency services and (b)\nprovision of job placement services to such individuals. To the extent\npermitted by statute, regulation or federal grant a preference shall be\ngiven for training and placement of women, minorities, low-income\nindividuals and populations with barriers to employment.\n  2. Training services authorized pursuant to this subdivision shall\ninclude, as appropriate, but not be limited to:\n  (a) incremental occupational training to unemployed workers with good\nwork histories;\n  (b) work-readiness and entry-level technical training to individuals\nwith weak work histories;\n  (c) apprenticeship qualifying, apprenticeship and labor-management\ncertification training;\n  (d) training that is designed to lead to certification in energy\nauditing and energy performance contracting;\n  (e) skills upgrading for incumbent workers, including workers\nperforming weatherization activities under division of housing and\ncommunity renewal programs;\n  (f) work support, where appropriate and to the extent that funding is\navailable, to individuals who obtain employment through the "green\njobs-green New York program" created by this title, to assist such\nindividuals to retain employment and continue to upgrade their skills.\n  3. For quality assurance purposes, organizations providing training\nservices pursuant to this section shall possess certifications and\naccreditations deemed appropriate by the authority, in consultation with\nthe department of labor.\n  4. The authority, in cooperation with the department of labor, shall\nfacilitate coordination between constituency-based organizations,\nworkforce development organizations, labor organizations and auditing\nand energy performance services contractors to provide job opportunities\nfor individuals participating in training programs and receiving\nplacement services pursuant to this section.\n  5. The authority, in cooperation with the department of labor, shall:\n  (a) encourage local workforce investment boards created pursuant to\nthe federal workforce investment act of 1998 (Public Laws 105-220) to\nmake available training and job placement services authorized pursuant\nto this subdivision within each local workforce investment area:\n  (b) access training services available through the department of\nlabor; and\n  (c) apply for available federal funding for appropriate training\nservices pursuant to the provisions of the american recovery and\nreinvestment act of 2009 (Public Laws 111-5) and any other applicable\nfederal law.\n  6. The department of labor shall coordinate with the authority in\nimplementing this section.\n  7. The authority shall prescribe conditions for training that will\ninclude identifiable standards for all education and training activities\nauthorized under this section, and will designate a certificate to be\nissued to any trainee that successfully meets such standards and\ncompletes the required education and training.\n
N.Y. ENV Law § 33-0925 — New York Code / Act ENV / Article 33 / Title 9-A / Section 33-0925
Sanctions
Status: in_force

§ 33-0925. Sanctions.\n  Notwithstanding any other provision of law or regulation pursuant to\nthis title and/or any provision of this article as it relates to the\napplication of aquatic antifouling paints, any person who violates any\nprovision of this title or any rule, regulation or order issued\nthereunder shall be liable to the people of this state for a civil\npenalty of up to one thousand dollars for a first violation to be\nassessed by the commissioner after a hearing or opportunity to be heard.\nIn determining the amount of the penalty, the commissioner shall take\ninto account whether the violation posed an immediate threat to the\nenvironment or the health and safety of the public. Any subsequent\nviolation of this title and/or any provision of this article as it\nrelates to the application of aquatic antifouling paints would be\nsubject to the appropriate sanctions pursuant to sections 71-2907 and\n71-2911 of this chapter.\n