N.Y. PBA Law § 1226-B — New York Code / Act PBA / Article 5 / Title 10 / Section 1226-B
Definitions
Status: in_force

§ 1226-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" means the corporation created by section one thousand\ntwo hundred twenty-six-c of this title.\n  2. "Board of water supply" means the board of water supply of the\ncity.\n  3. "Bonds" means the bonds, notes or other evidences of indebtedness\nissued by the authority pursuant to this title, and the provisions of\nthis title relating to bonds and bondholders shall apply with equal\nforce and effect to notes and noteholders, respectively, unless the\ncontext otherwise clearly requires.\n  4. "City" means the city of Utica, Oneida county.\n  5. "Civil service commission" means the civil service commission of\nthe county of Oneida.\n  6. "Comptroller" means the comptroller of the state.\n  7. "Construction" or "constructed" means the acquisition, erection,\nbuilding, alteration, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of a water facility; the\ninspection and supervision thereof; and the engineering, architectural,\nlegal, fiscal and economic investigations and studies, surveys, designs,\nplans, working drawings, specifications, procedure and other actions\npreliminary or incidental thereto and claims arising therefrom.\n  8. "Cost", as applied to any project, includes the cost of\nconstruction, the cost of the acquisition of all property, including\nreal property and other property, both real, personal and mixed,\nimproved and unimproved, the cost of the demolishing, removing or\nrelocating any buildings or structures on lands so acquired, including\nthe cost of acquiring any lands to which such buildings or structures\nmay be moved or relocated, the cost of all water facilities, machinery,\napparatus and equipment, financing charges, interest prior to, during\nand after construction to the extent not paid or provided for from\nrevenues or other sources, the cost of engineering and architectural\nsurveys, plans and specifications, the cost of consultant and legal\nservices, the cost of guarantee, bond insurance or other credit support\ndevices and the cost of other expenses necessary or incidental to the\nconstruction of any such project and the financing of the construction\nthereof, including the amount authorized in the resolution of the\nauthority providing for the issuance of bonds to be paid into any\nreserve or other special funds from the proceeds of such bonds and the\nfinancing of the placing of any project in operation, including\nreimbursement to any municipality, state agency, the state, the United\nStates government, or any other person for expenditures that would be\ncosts of the project hereunder had they been made directly by the\nauthority.\n  9. "Council" means the common council of the city.\n  10. "County" means the county of Oneida, New York.\n  11. "County executive" means the county executive of the county.\n  12. "County legislature" means the county legislature of the county.\n  13. "Governing body" means the members of the authority or the water\nboard, as the case may be, constituting and acting as the governing body\nof the authority or the water board, as the case may be.\n  14. "Mayor" means the mayor of the city.\n  15. "Municipality" means any county, city, town, village, special or\nimprovement district under the town law or the county law, any other\nsuch instrumentality, including any agency, or public corporation of the\nstate and the board of water supply, or any of the foregoing or any\ncombination thereof located or operating within or partly within the\nservice area.\n  16. "Person" means any natural person, firm, partnership, association,\njoint venture or corporation, exclusive of a public corporation as\ndefined pursuant to article two-A of the general construction law.\n  17. "Project" means any water facility, including the planning,\ndevelopment, financing or construction thereof.\n  18. "Properties" means the water facility or facilities of the water\nboard, whether situated within or without the territorial limits of the\nservice area, including the plants, works, structures, instrumentalities\nor part thereof and appurtenances thereto, real property, or any other\nproperty incidental to and included in such facility or facilities or\npart thereof, and any improvements, extensions and betterments.\n  19. "Real property" means lands, structures, franchises, rights and\ninterests in land, air space, waters, land underwater, riparian rights\nand air rights and any and all things and rights included within said\nterm and includes not only fees simple absolute, but also any and all\nlesser interests including, but not limited to, easements,\nrights-of-way, uses, leases, licenses and all other incorporeal\nhereditaments and every estate, interest or right, legal or equitable,\nincluding terms for years and liens thereon by way of judgments,\nmortgages or otherwise.\n  20. "Revenues" means all rates, fees, charges, payments and other\nincome and receipts derived from the operation of the properties of the\nwater board including, without limiting the generality of the foregoing,\ninvestment proceeds and proceeds of insurance, condemnation, and sale or\nother disposition of assets, together with all federal, state or\nmunicipal aid, if any.\n  21. "Service area" means the area comprising the entirety of each\nmunicipality in which water was provided by the city or the board of\nwater supply on the date on which this title becomes effective, as such\narea shall hereinafter be expanded or decreased, from time to time, by\nspecial act of the state legislature.\n  22. "State" means the state of New York.\n  23. "State agency" means any state officer, public benefit\ncorporation, department, board, commission, bureau or division, or other\nagency or instrumentality of the state.\n  24. "Water board" means the corporation created by special act of the\nstate legislature as provided in section one thousand two hundred\ntwenty-six-e of this title.\n  25. "Water facility" or "water facilities" means any plants,\nstructures and other property, real, personal or mixed, acquired,\nrehabilitated, constructed or planned for the purpose of accumulating,\nsupplying, transmitting, treating or distributing water, including but\nnot limited to surface or groundwater reservoirs, basins, dams, canals,\naqueducts, aqueduct taps, standpipes, conduits, pipelines, mains,\npumping stations, pumps, water distribution systems, compensating\nreservoirs, intake stations, waterworks or sources of water supply,\nwells, purification or filtration plants or other treatment plants and\nworks, contract rights, franchises, approaches, connections, permits,\nwater meters, rights of flowage or diversion and other plants,\nstructures, equipment, vehicles, conveyances, real or personal property\nor rights therein and appurtenances thereto necessary or useful and\nconvenient for the accumulation, supply, transmission, treatment or\ndistribution of water.\n
N.Y. ENV Law § 27-1013 — New York Code / Act ENV / Article 27 / Title 10 / Section 27-1013
Redemption centers
Status: in_force

§ 27-1013. Redemption centers.\n  1. The commissioner is hereby empowered to promulgate rules and\nregulations governing (a) the circumstances in which deposit initiators,\ndealers and distributors, individually or collectively, are required to\naccept the return of empty beverage containers, including beverage\ncontainers processed through reverse vending machines and make payment\ntherefor; (b) the sorting of the containers which a deposit initiator or\ndistributor may require of dealers and redemption centers; (c) the\ncollection of returned beverage containers by deposit initiators or\ndistributors, including the party to whom such expense is to be charged,\nthe frequency of such pick ups and the payment for refunds and handling\nfees thereon; (d) the right of dealers to restrict or limit the number\nof containers redeemed, the rules for redemption at the dealers' place\nof business, and the redemption of containers from a beverage for which\nsales have been discontinued; (e) to issue registrations to persons,\nfirms or corporations which establish redemption centers, subject to\napplicable provisions of local and state laws, at which redeemers and\ndealers may return empty beverage containers and receive payment of the\nrefund value of such beverage containers. Such registrations shall be\nissued at no cost. Should the department require by regulations adopted\npursuant to this paragraph that redemption centers must obtain a\nregistration as a condition of operation, any redemption center in\nbusiness as of March first, two thousand thirteen that previously\nprovided the department with the notification information required by\nregulations in effect as of such date may continue to operate as if the\ndepartment had issued such redemption center a registration required by\nregulations adopted under this paragraph; provided, however, that such\nredemption center shall provide the department with any other\ninformation required by regulations adopted pursuant to this paragraph.\nThe department may, after due notice and opportunity of hearing,\npursuant to the provisions of section 71-1709 of this chapter, deny an\napplication or revoke a registration. In determining whether or not to\nrevoke a registration the commissioner shall at a minimum, take into\nconsideration the compliance history of a violator, good faith efforts\nof a violator to comply, any economic benefit from noncompliance and\nwhether the violation was procedural in nature. The commissioner's\ndetermination to revoke a registration is subject to review under\narticle seventy-eight of the civil practice law and rules; and (f) the\noperation of mobile redemption centers in order to ensure that to the\nbest extent practicable containers are not proffered for redemption to a\ndeposit initiator or distributor outside of the geographic area where\nsuch deposit initiator sells containers and initiates deposits.\n  2. The department may require a redemption center to obtain a permit,\nas an alternative to registration if such center is located at the same\nfacility or site as another solid waste management facility otherwise\nsubject to the requirements of title seven of this article or the\nregulations promulgated pursuant thereto.\n  3. No dealer or distributor, as defined in section 27-1003 of this\ntitle, shall be required to obtain a permit to operate a redemption\ncenter at the same location as the dealer's or distributor's place of\nbusiness. Operators of such redemption centers shall receive payment of\nthe refund value of each beverage container from the appropriate deposit\ninitiator or distributor as provided under section 27-1007 of this\ntitle.\n  4. Each dealer and redemption center shall require any person\ntendering for redemption more than two thousand five hundred containers\nat one time to such dealer or redemption center to provide such person's\nname and address and the license plate of the vehicle used to transport\nthe containers, or, in the case of an agent or employee of a\nnot-for-profit corporation, a sales tax exemption certificate. The\ndealer or redemption center redeeming the beverage containers shall keep\nthe information on file for a minimum of twelve months and provide same\nto the department upon request.\n
N.Y. ENV Law § 17-1001 — New York Code / Act ENV / Article 17 / Title 10 / Section 17-1001
Legislative findings and declarations
Status: in_force

§ 17-1001. Legislative findings and declarations.\n  The legislature finds and declares that the lands and waters of New\nYork state constitute an irreplaceable resource upon which is founded\nthe well-being of public health, economic vitality and the state's\nenvironment; that these resources may be contaminated by spills and\nleaks of petroleum from active and abandoned petroleum bulk storage\nfacilities; that once contaminated the quality of these resources cannot\nbe completely restored to their original state; and that contamination\nof these resources must be prevented through improved safeguards in\nstorage and handling.\n  The legislature declares these spills and leaks to be a threat to the\npublic welfare of the state and hereby exercises the power of the state\nto prevent these spills and leaks from occurring through the\nestablishment of a state petroleum bulk storage code for new and\nsubstantially modified facilities.\n
N.Y. PBA Law § 1226-K — New York Code / Act PBA / Article 5 / Title 10 / Section 1226-K
Transfer of officers and employees
Status: in_force

§ 1226-k. Transfer of officers and employees. 1. In accordance with\nthe provisions of section seventy of the civil service law, any officer\nor employee of the board of water supply, may, at the request of the\nauthority and with the consent of such board, be transferred to the\nauthority and shall be eligible for such transfer and appointment,\nwithout further examination, to applicable offices, positions and\nemployment under the authority. Any such officers or employees so\ntransferred to the authority pursuant to this section, who are members\nof or benefit under any existing pension or retirement fund or system,\nshall continue to have all rights, privileges, obligations and status\nwith respect to such fund or system as are now prescribed by law, but\nduring the period of their employment by the authority, all\ncontributions to such funds or systems to be paid by the employer on\naccount of such officers or employees shall be paid by the authority.\n  2. A transferred employee shall remain in the same collective\nbargaining unit as was the case prior to his or her transfer; successor\nemployees to the positions held by such transferred employees shall,\nconsistent with the provisions of article fourteen of the civil service\nlaw, be included in the same unit as their predecessors. Employees\nserving in positions in newly created titles shall be assigned to the\nsame collective bargaining unit as they would have been assigned to such\nunit were such titles created prior to the establishment of the\nauthority. Nothing contained in this title shall be construed (a) to\ndiminish the rights of employees pursuant to a collective bargaining\nagreement or (b) to affect existing law with respect to an application\nto the public employment relations board seeking a designation by the\nboard that certain persons are managerial or confidential.\n
N.Y. PBA Law § 1949-A — New York Code / Act PBA / Article 8 / Title 10-B / Section 1949-A
Agreement with state
Status: in_force

§ 1949-a. Agreement with state. The state does hereby pledge to and\nagree with the holders of any bonds issued by the authority pursuant to\nthis title and with those persons or public corporations who may enter\ninto contracts with the authority pursuant to the provisions of this\ntitle that the state will not alter, limit or impair the rights hereby\nvested in the authority to purchase, construct, own and operate,\nmaintain, repair, improve, reconstruct, renovate, rehabilitate, enlarge,\nincrease and extend, or dispose of the auditorium, or any part or parts\nthereof for which bonds of the authority shall have been issued, to\nestablish and collect rates, rents, fees and other charges referred to\nin this title, to fulfill the terms of any contracts or agreements made\nwith or for the benefit of the holders of bonds or with any person or\npublic corporation with reference to such project or part thereof, or in\nany way to impair the rights and remedies of the holders of bonds, until\nthe bonds, together with interest thereon, including interest on any\nunpaid installments of interest, and all costs and expenses in\nconnection with any action or proceeding by or on behalf of the holders\nof bonds, are fully met and discharged and such contracts are fully\nperformed on the part of the authority. The authority is authorized to\ninclude this pledge and agreement of the state in any agreement with the\nholders of bonds.\n
N.Y. VAT Law § 2112 — New York Code / Act VAT / Title 10 / Article 46 / Section 2112
Lost, stolen or mutilated certificates
Status: in_force

§ 2112. Lost, stolen or mutilated certificates. (a) If a certificate\nof title is lost, stolen, mutilated or destroyed or becomes illegible,\nthe owner or legal representative of the owner named in the certificate,\nas shown by the records of the commissioner, shall promptly make\napplication for and may obtain a duplicate upon furnishing information\nsatisfactory to the commissioner. Unless the original certificate of\ntitle is surrendered to the commissioner, the duplicate certificate of\ntitle shall contain the legend "This is a duplicate certificate and may\nbe subject to the rights of a person under the original certificate." It\nshall be mailed to the owner.\n  (b) A person recovering an original certificate of title for which a\nduplicate has been issued shall promptly notify the commissioner of such\nrecovery and shall comply with the directions of the commissioner\nrelating to the disposition of such documents.\n
N.Y. VAT Law § 2127 — New York Code / Act VAT / Title 10 / Article 46 / Section 2127
Hearings
Status: in_force

§ 2127. Hearings. A person aggrieved by an act or omission to act of\nthe commissioner under this article is entitled to a hearing. The\ncommissioner shall grant a hearing to an applicant therefor as soon as\npracticable, except that if a certificate of title is temporarily\nsuspended, within ten days after receipt of a written request for such\nhearing.  No hearing shall be required because of the refusal of the\ncommissioner to issue a certificate of title in a case where the\ncommissioner determines that a request for such hearing is frivolous or\nbased upon sham. The applicant may be heard in person or by counsel. The\nhearing shall be at such time and place as the commissioner shall\nprescribe. The commissioner acting by such officer or person in the\ndepartment of motor vehicles as he may designate, shall have the power\nto temporarily omit to take any action under this article pending a\nhearing and to subpoena and bring before the officer or person so\ndesignated any person in this state and administer an oath to and take\ntestimony of any person or cause his deposition to be taken with the\nsame fees and mileage in the same manner as prescribed by law in\njudicial procedure in courts of this state in civil cases.\n
N.Y. VAT Law § 2102 — New York Code / Act VAT / Title 10 / Article 46 / Section 2102
Exclusions
Status: in_force

§ 2102. Exclusions. (a) The following are excluded from the provisions\nof this title:\n  (1) A vehicle owned by the United States unless it is registered in\nthis state;\n  (2) A vehicle owned by a manufacturer or dealer and held for sale,\neven though incidentally moved on the highway or used for purposes of\ntesting or demonstration; or a vehicle used by a manufacturer solely for\ntesting other than: (i) a vehicle registered by a dealer or\nmanufacturer, or (ii) a vehicle for which a physical examination is\nrequired under section four hundred thirty of this chapter before a\ncertificate of title may be issued, or (iii) a vehicle held for sale by\na dealer which was purchased by the dealer as a result of sale upon\nrepossession or a sale by a sheriff or marshall to satisfy a judgment,\nor (iv) a vehicle held for sale by a dealer for which a certificate of\ntitle containing an error attributable to processing by the department\nhas been issued, or (v) a vehicle held for sale by a dealer for which\nordinarily acceptable proof of ownership cannot be obtained by the\ndealer with reasonable diligence but for which a certificate of title\nwould ordinarily be issued upon the filing of a bond with the\ncommissioner as prescribed in subdivision (d) of section twenty-one\nhundred five of this article, or (vi) a vehicle for which a manufacturer\nor dealer has submitted a notice of repurchase as required by\nsubdivision two of section four hundred seventeen-a of this chapter and\nregulations of the commissioner, or (vii) a vehicle held for sale by a\ndealer which was purchased by a dealer as the result of a sale by a\npolice department, or (viii) a vehicle held for sale by a dealer which\nwas purchased by a dealer as the result of a sale by the United States\ngovernment;\n  (3) A vehicle owned by a non-resident of this state and not required\nby law to be registered in this state provided, however, that a\ncertificate of title may be issued to such a non-resident for a vehicle\npurchased by or transferred to such non-resident as a result of a sale\nafter repossession, or a sale by a sheriff or marshall to satisfy a\njudgement, or a sale to foreclose a garageman's lien, provided such sale\nwas held in this state, or a result of the settlement of an estate of a\ndeceased if such settlement is pursuant to the estates, powers and\ntrusts law of this state or a sale by a police department, provided such\nsale was held in this state;\n  (4) A vehicle regularly engaged in the interstate transportation of\npersons or property for which a currently effective certificate of title\nhas been issued in another state;\n  (5) A vehicle moved solely by animal power;\n  (6) An implement of husbandry;\n  (7) Special mobile equipment;\n  (8) A self-propelled wheel chair or an adapted tricycle operated or\ndriven by a person with a disability;\n  (9) A pole trailer or a trailer with an unladen weight of less than\none thousand pounds;\n  (10) A vehicle manufactured prior to July first, nineteen hundred\nseventy-two and designated by the manufacturer as being a nineteen\nhundred seventy-two or earlier model year vehicle, and any vehicle\nmanufactured or assembled prior to January first, nineteen hundred\nseventy-three for which the manufacturer or assembler has not designated\na model year;\n  (11) Snowmobiles, off-highway motorcycles and limited use motorcycles;\n  (12) A motor vehicle set off to a surviving spouse or surviving minor\nchild pursuant to section 5-3.1 of the estates, powers and trusts law\nuntil an application for registration is made by such survivor or until\nafter the survivor transfers the vehicle, in which case the transferee\nmust apply for a certificate of title;\n  (13) A vessel not required to be registered in this state and which is\nnot registered in this state;\n  (14) A vessel designated by the manufacturer as being a nineteen\nhundred eighty-six or earlier model year vessel and any vessel\nmanufactured or assembled prior to August first, nineteen hundred\neighty-six for which the manufacturer or assembler has not designated a\nmodel year;\n  (15) Any vessel having a valid marine document issued by the United\nStates or a foreign government;\n  (16) Any vessel under fourteen feet in length;\n  (17) A vehicle owned or leased by the state of New York and regularly\nutilized or intended to be utilized for undisclosed or undercover law\nenforcement purposes;\n  (18) A vehicle owned by a non-resident of this state for which a\ncurrently effective certificate of title has been issued in another\nstate and which is leased to a resident of, and registered in, this\nstate.\n  (19) A mobile home or a manufactured home, manufactured prior to July\nfirst, nineteen hundred ninety-four and designated by the manufacturer\nas being a nineteen hundred ninety-four or earlier model year mobile\nhome or manufactured home, and any mobile home or manufactured home\nmanufactured or assembled prior to January first, nineteen hundred\nninety-four for which the manufacturer has not designated a model year.\n  (c) A person engaged in the business of selling vehicles who does not\nplace such vehicles in his own consumer use and who is not required to\nbe registered as a dealer under section four hundred fifteen of this\nchapter, shall not be deemed a dealer with respect to such vehicles and\nshall not be required to apply for or receive a certificate of title for\nany such vehicles. A local authority, which acquires title to a vehicle\nor vehicles under the provisions of section twelve hundred twenty-four\nof this chapter, and which does not place such vehicle or vehicles in\nits own consumer use shall not be required to apply for or receive a\ncertificate of title for any such vehicle or vehicles.\n  (d) No certificate of title shall be issued to a vehicle excluded from\nthe provisions of this article.\n  (e) The commissioner may, by regulation, exclude from the provisions\nof this title vehicles designated by the manufacturer as being of a\nmodel year more than nine years prior to the current calendar year. The\ncommissioner may provide that such exclusion shall apply to all such\nvehicles or to any categories or classes of such vehicles.\n
N.Y. RSS Law § 385 — New York Code / Act RSS / Article 8 / Title 10 / Section 385
Retirement of members in the Nassau county police department
Status: in_force

§ 385. Retirement of members in the Nassau county police department.\na.  As used in this section, the following words and phrases shall have\nthe following meanings unless a different meaning is plainly required by\nthe context:\n  1. "County." Nassau county.\n  2. "Department." The county police department.\n  3. "Total service in such department." Service in the department, the\npolice department or police force of any town, village or police\ndistrict in the county, in the office of the sheriff of Nassau county\nprior to April sixteen, nineteen hundred twenty-five, as a Long Island\nstate park patrolman, or in the division of state police in the state\nexecutive department.\n  b. Any member in the department, including the commissioner of police,\nwho so elected, on or before January first, nineteen hundred\nforty-eight, to contribute to the New York state and local employees'\nretirement system pursuant to the provisions of former section\neighty-five of this chapter in effect prior to April first, nineteen\nhundred sixty-seven, shall contribute to the police and fire retirement\nsystem on the basis of retirement upon his or her:\n  1. Completion of twenty-five years of total service in such\ndepartment, or\n  2. Attainment of age sixty in the service of such department if prior\nthereto,\non an allowance of one-fiftieth of his final average salary for each\nyear of total service in such department not in excess of twenty-five\nyears, provided such election was in writing and duly executed and filed\nwith the comptroller.\n  c. Every employee who entered or re-entered service in the department\non or after May sixth, nineteen hundred forty-six, and before January\nfirst, nineteen hundred forty-eight, shall contribute on the basis\nprovided for by this section. Employees who entered or re-entered\nservice in the department on and after January first, nineteen hundred\nforty-eight but prior to January first, nineteen hundred sixty-six:\n  1. As members of the police force shall contribute on the basis\nprovided for by this section.\n  2. Other than as members of the police force, shall not be eligible to\nthe benefits of this section.\n  d. Subject to the provisions of subdivisions b and c of this section,\nevery employee in the service of such department who is not a member of\nthe police and fire retirement system may elect to become a member. He\nor she thereupon shall contribute to the police and fire retirement\nsystem under the provisions of this section and be entitled to benefits\nas provided in this section. No such employee, however, shall be given\ncredit for service rendered prior to May sixth, nineteen hundred\nforty-six, unless he or she became a member of the New York state and\nlocal employees' retirement system on or before January first, nineteen\nhundred forty-eight and has subsequently become a member of the police\nand fire retirement system. Any such employee who became a member of the\nNew York state and local employees' retirement system, on or before\nJanuary first, nineteen hundred forty-eight, and has subsequently become\na member of the police and fire retirement system shall be entitled to\ncredit for past service in the department as if he or she had become a\nmember when first eligible. Such employee, however, shall pay the\ncontributions he or she would have made prior to such date had he or she\nbeen a member during such service. The amount of such contributions\nshall be paid in a lump sum or in such installments as the comptroller\nshall approve. In lieu of such payment, however, such employee may\nreceive on retirement the benefit otherwise provided by this section,\nless such annuity as is the actuarial equivalent of such unpaid\ncontributions.\n  e. A member, who elects or is required to contribute in accordance\nwith this section, shall contribute, in lieu of the proportion of\ncompensation as provided in section three hundred twenty-one of this\narticle, a proportion of his compensation similarly determined. Such\nlatter proportion shall be computed to provide, at the time when he\nshall first become eligible for retirement under this section, an\nannuity equal to one-one hundredth of his final average salary for each\nyear of esrvice as a member rendered after May sixth, nineteen hundred\nforty-six, and prior to the attainment of the age when he shall first\nbecome eligible for retirement. Such member's rate of contribution\npursuant to this section shall be appropriately reduced pursuant to\nsection three hundred seventy-a of this article for such period of time\nas his employer contributes pursuant to such section toward\npensions-providing-for-increased-take-home-pay provided, however, that\nsuch member may by written notice duly acknowledged and filed with the\ncomptroller make an election to waive such reduction as provided by\nsubdivision j of section three hundred twenty-one of this article. One\nyear or more after the filing thereof, a member may withdraw any such\nelection by written notice duly acknowledged and filed with the\ncomptroller. No such member shall be required to continue contributions\nafter completing twenty-five years of such service.\n  f. A member, contributing on the basis of this section at the time of\nretirement, shall be entitled to retire after the completion of\ntwenty-five years of total creditable service in such department, or\nupon the attainment of age sixty, by filing an application therefor in a\nmanner similar to that provided in section three hundred seventy of this\narticle. He thereupon shall receive, on retirement, a retirement\nallowance consisting of:\n  1. An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, plus\n  2. A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, plus\n  3. A pension of one-one hundredth of his final average salary for each\nyear of service rendered:\n  (a) Since he last became a member, and\n  (b) Prior to the completion of twenty-five years of total service in\nthe department, and\n  (c) Toward which he and his employer have contributed under this\nsection, plus\n  4. An additional pension of one-fiftieth of his final average salary,\nmultiplied by the number of years of total service in such department\nprior to May sixth, nineteen hundred forty-six. This pension shall be\npayable only if such member has had one or more years of service as a\nmember. The computation of this pension shall be subject to the further\nconditions that:\n  (a) The service rendered prior to May sixth, nineteen hundred\nforty-six, shall be limited so that the total service in such department\nused as a basis for pension credit under this paragraph four and\nparagraph three of this subdivision f shall not exceed twenty-five\nyears, and\n  (b) The amount of the additional pension payable pursuant to this\nparagraph four shall not exceed the amount needed to increase the total\namount of the benefits provided under paragraphs one, two and three of\nthis subdivision f to one-half of the final average salary, plus\n  5. An additional pension equal to the pension for any creditable\nservice rendered while not an employee of the department as provided\nunder paragraphs three and four of subdivision a of section three\nhundred seventy-five of this article. This pension shall:\n  (a) Be payable only if such member has attained age sixty at the time\nof retirement and has not completed twenty-five years of service in the\ndepartment for which he receives credit under this article, and\n  (b) Not increase the total allowance to more than he would have\nreceived had his total service been rendered in the department.\n  6. In the event a member shall continue in service after twenty-five\nyears of total creditable service in the department there shall be added\nto his pension upon retirement a sum equal to one-sixtieth of his final\naverage salary for each completed additional year of service after\ntwenty-five years.\n  7. An additional pension, if required, of such amount as shall be\nnecessary to increase the total amount of the benefits provided by\nparagraphs one, two, three, four and five of this subdivision f, to\none-half of his final average salary. The pension provided by this\nparagraph shall be payable only if a member retires from service prior\nto attaining age fifty-nine, provided, however, that in the case of any\nmember who has attained the age of fifty-nine on or before September\nfirst, nineteen hundred sixty-eight, to be eligible for the additional\npension provided by this paragraph, his service shall be terminated and\nhe shall be retired on or before December thirty-first, nineteen hundred\nsixty-eight. For the purpose of determining the amount of pension\nprovided in this paragraph, the annuity shall be computed as it would be\nif it were not reduced by the actuarial equivalent of any outstanding\nloan if it were not increased by the actuarial equivalent of any\nadditional contributions and if it were not reduced by reason of the\nmember's election to decrease his annuity contributions to the\nretirement system in order to apply the amount of such reduction in\npayment of his contributions for old-age and survivors insurance\ncoverage.\n  g. The increased pensions to members of the department, as provided by\nthis section, shall be paid from additional contributions made by the\ncounty on account of such members. The actuary of the police and fire\nretirement system shall compute the additional contribution for each\nmember who elects the special benefits provided under this section. Such\nadditional contributions shall be computed on the basis of contributions\nduring the prospective service of such member which will cover the\nliability of the police and fire retirement system for such extra\npensions. Upon approval by the comptroller, such additional\ncontributions shall be certified by him or her to the county executive\nof the county. The amount thereof shall be included in the annual\nappropriation of the county for county police. Such amount shall be paid\non the warrant of the county comptroller to the pension accumulation\nfund of the police and fire retirement system. Every member entering or\nre-entering the department on and after May sixth, nineteen hundred\nforty-six, shall retire on the first day of the calendar month next\nsucceeding his or her attainment of age fifty-nine.\n  h. In computing the twenty-five years of completed service of a member\nin the department, full credit shall be given and full allowance shall\nbe made for service of such member in time of war and service with the\nAmerican expeditionary forces subsequent to November eleventh, nineteen\nhundred eighteen, and prior to June thirtieth, nineteen hundred\nnineteen, of honorably dischargd officers, soldiers, sailors, marines\nand army nurses, who were actual residents of the state at the time of\ntheir entry into the military service of the United States, and the\nservice of members of the national guard in the military service of the\nUnited States of America pursuant to call of the president for Mexican\nborder service.\n  i. Upon retirement of any member pursuant to this section, any\nadditional amounts credited to the member's annuity savings account\npursuant to subdivision b of section three hundred thirty of this\narticle shall be treated as excess contributions and shall be used to\nprovide an annuity in addition to the annuity prescribed by this\nsection. Any other amounts credited to the member's annuity savings\naccount, except the amounts contributed or required to be contributed\nunder this section and except such amounts as are required to produce\nthe retirement allowance provided by subdivision f of this section, may\nat the option of the member at the time of retirement be withdrawn or\nused to provide an annuity in addition to the annuity prescribed by this\nsection.\n  j. The provisions of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n
N.Y. LFN Law § 139.00 — New York Code / Act LFN / Article 2 / Title 10 / Section 139.00
Debt statement to show valuations of taxable real property
Status: in_force

§ 139.00. Debt statement to show valuations of taxable real property.\na.  The debt statement of a municipality or school district in a city\nshall contain a computation of the average full valuation of taxable\nreal property of such municipality or school district. The debt\nstatement of the city of New York also shall contain a computation of\nthe average assessed valuation of the taxable real property of such city\nin the event a deduction is claimed pursuant to item (a) of subdivision\nseven of section 136.00 of this chapter.\n  b. The debt statement of a school district, other than a school\ndistrict in a city, shall contain a computation of the full valuation of\nthe real property subject to taxation by the school district.\n  c. The debt statement of a fire district shall contain a computation\nof the full valuation of taxable real property of such fire district.\n
N.Y. PBA Law § 1949-B — New York Code / Act PBA / Article 8 / Title 10-B / Section 1949-B
Tax exemption and tax contract by the state
Status: in_force

§ 1949-b. Tax exemption and tax contract by the state. 1. It is hereby\ndetermined that the creation of the authority and the carrying out of\nits corporate purposes is in all respects for the benefit of the people\nof the state of New York and is a public purpose. Accordingly, the\nauthority shall be regarded as performing an essential governmental\nfunction in the exercise of the powers conferred upon it by this title,\nand the authority shall not be required to pay any fees, taxes, special\nad valorem levies or assessments of any kind, whether state or local,\nincluding but not limited to fees, taxes, special ad valorem levies or\nassessments on real property, franchise taxes, sales taxes or other\ntaxes, upon or with respect to any property owned by it or under its\njurisdiction, control or supervision, or upon the uses thereof, or upon\nor with respect to its activities or operations in furtherance of the\npowers conferred upon it by the title, or upon or with respect to any\nfares, tolls, rentals, rates, charges, fees, revenues or other income\nreceived by the authority. Notwithstanding the previous sentence, the\nauthority shall be required to pay water and pure water fees or charges\nas may be negotiated by any public corporation. The construction, use,\noccupation or possession of any property owned by the authority or the\ncounty, including improvements thereon, by any person or public\ncorporation under a lease, lease and sublease or any other agreement\nshall not operate to abrogate or limit the foregoing exemption,\nnotwithstanding that the lessee, user, occupant or person in possession\nshall claim ownership for federal income tax purposes.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom shall at all times be exempt from taxation.\n  3. The state hereby convenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the authority issued pursuant\nto this title and the income therefrom and all revenues, monies, and\nother property pledged to pay or to secure the payment of such bonds\nshall at all times be free from taxation.\n
N.Y. PBA Law § 1226-C — New York Code / Act PBA / Article 5 / Title 10 / Section 1226-C
Upper Mohawk valley regional water finance authority
Status: in_force

§ 1226-c. Upper Mohawk valley regional water finance authority.  1. A\npublic corporation to be known as the "upper Mohawk valley regional\nwater finance authority" is hereby created for the public purposes and\ncharged with the duties and having the powers provided in this title.\nThe authority shall be a body corporate and politic constituting a\npublic benefit corporation. The governing body of the authority shall\nconsist of a total of five members, to be appointed and to serve as\nfollows: one member, who shall be a resident of the city, shall be\nappointed by the council; one member, who shall be a resident of the\ncity, shall be appointed by the mayor; one member shall be appointed by\nthe county executive, which initially appointed member shall be a\nresident of the city and which subsequently appointed member's residence\nshall alternate between such member's being a resident of the service\narea outside of the city and a resident of the city; and two members\nshall be residents of the service area outside of the city and shall be\nappointed by the towns and villages within, either wholly or partly, the\nservice area in accordance with the following procedure:  one member\nshall be appointed by the town board of the town of New Hartford and\nalternately by the town board of the town of Whitestown.  The first such\nmember shall be appointed by the town board of the town of New Hartford.\nFollowing the expiration of that member's term, each subsequent member\nshall be appointed alternately by the town board of the town of\nWhitestown and then by the town board of the town of New Hartford; and\none member shall be appointed by a majority vote of representatives in\nattendance at a meeting called for such purpose from the towns of\nDeerfield, Frankfort, Kirkland, Marcy, Trenton and Schuyler. For\npurposes of such vote, each such town shall appoint one representative\nto cast the vote for such town for such purpose. For purposes of\nappointment by such towns, such towns are hereby authorized to meet at\nsuch times and locations as a majority of such towns shall determine to\nappoint such members. No appointment made by the mayor shall be subject\nto confirmation by the council. No appointment made by the county\nexecutive shall be subject to confirmation by the county legislature. No\nappointment by the council shall be subject to approval or veto by the\nmayor. Failure by any party to appoint any member shall not invalidate\nthe creation or establishment of the authority and shall result in the\ncreation of a vacancy on the governing body of the authority which may\nbe filled at any time by such party. The first member appointed by the\ncouncil shall be appointed for a term of office ending on December\nthirty-first of the third year following the year in which this title\nshall have become law. The first member appointed by the mayor shall be\nappointed for a term ending on December thirty-first of the second year\nfollowing the year in which this title shall have become law. The first\nmember appointed by the county executive shall be appointed for a term\nending on December thirty-first of the second year following the year in\nwhich this title shall have become law. The first member appointed by\nthe towns of New Hartford, Marcy and Whitestown shall be appointed for a\nterm of office ending on December thirty-first of the third year\nfollowing the year in which this title shall have become law. The first\nmember appointed by the other towns shall be appointed for a term ending\non December thirty-first of the first year following the year in which\nthis title shall have become law.  Subsequent appointments of members\nshall be made for a term of three years ending in each case on December\nthirty-first of the last year of such term. All members shall continue\nto hold office until their successors are appointed and qualify.\nVacancies shall be filled in the manner provided for original\nappointment. Vacancies, occurring otherwise than by expiration of term\nof office, shall be filled by appointment for the unexpired terms.\nMembers may be removed from office by the party which appointed such\nmember for inefficiency, neglect of duty or misconduct in office;\nprovided, however, that such member shall be given a copy of the charges\nagainst him or her and an opportunity of being heard in person, or by\ncounsel, in his or her defense upon not less than ten days notice. Any\nmember required to be a resident of a specified area shall forfeit his\nor her membership on the governing body upon such member's termination\nof residence in such area, which forfeiture shall create a vacancy. The\nmembers of the authority shall receive no compensation for their\nservices but shall be reimbursed for their actual and necessary expenses\nincurred in connection with the carrying out of the purposes of this\ntitle; provided, however, that no member shall be reimbursed for any\nexpense exceeding one thousand dollars incurred with respect to any\nindividual purpose unless the governing body at a meeting duly called\nand held when a quorum of three members are present shall have\nauthorized the incurrence of such expense by such member. The powers of\nthe authority shall be vested in and be exercised by the governing body\nat a meeting duly called and held where a quorum of three members are\npresent. No action shall be taken except pursuant to the favorable vote\nof at least three voting members. All votes must be made in person at a\nmeeting and no vote may be made by proxy. The governing body may\ndelegate to one or more of its members, officers, agents or employees\nsuch powers and duties as it may deem proper.\n  2. The officers of the authority shall consist of a chair, a\nvice-chair, a treasurer and a secretary, who need not be a member of the\nauthority. Such officers shall be appointed by the governing body and\nshall serve in such capacities at the pleasure of the governing body.\nIn addition to the secretary, the governing body may appoint and at\npleasure remove such additional officers and employees as it may\ndetermine necessary for the performance of the powers and duties of the\nauthority and fix and determine their qualifications, duties and\ncompensation, subject to the provisions of the civil service law. The\ngoverning body may also from time to time contract for expert\nprofessional services. The members, officers, executive director, if\nany, comptroller, if any, and counsel, if any, shall be an exempt\nposition under any rule or classification of the civil service\ncommission. The treasurer shall execute a bond, conditioned upon the\nfaithful performance of the duties of his or her office, the amount and\nsufficiency of which shall be approved by the governing body and the\npremium therefor shall be paid by the authority.\n  3. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any municipality, or any public benefit\ncorporation, shall forfeit his or her office or employment by reason of\nhis or her acceptance of appointment as a member, officer, agent or\nemployee of the authority, nor shall service as such member, officer, or\nemployee be deemed incompatible or in conflict with such office,\nmembership or employment.\n  4. (a) The county executive shall file on or before December\nthirty-first of the year in which this title shall have become a law, in\nthe office of the secretary of state, a certificate signed by the county\nexecutive setting forth: (1) the name of the authority; (2) the names of\nthe members appointed by the council, the mayor, the county executive,\nand the towns and their terms of office; and (3) the effective date of\nthis title. If such certificate is not filed with the secretary of state\non or before such date, then the corporate existence of the authority\nshall thereupon terminate and it shall thereupon be deemed to be and\nshall be dissolved.\n  (b) Except as provided in paragraph (a) of this subdivision, the\nauthority and its corporate existence shall continue until terminated by\nlaw, provided, however, that no such law shall take effect so long as\nthe authority shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the authority, all of the\nrights and properties of the authority then remaining shall pass to and\nvest jointly in the city and the towns and villages in the service area\nin such a manner as prescribed by law.\n  5. It is hereby determined and declared that the authority and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people of the service area and the state for the\nimprovement of their health, welfare and prosperity and that such\npurposes are public purposes and that the authority is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title.\n  6. Nothing in this title shall be construed to obligate the state in\nany way in connection with the operations or obligations of the\nauthority.\n
N.Y. PBA Law § 1232-T — New York Code / Act PBA / Article 5 / Title 10-D / Section 1232-T
Separability
Status: in_force

§ 1232-t. Separability. If any section, clause or provision of this\ntitle shall be held by a court of competent jurisdiction to be\nunconstitutional or ineffective in whole or in part, to the extent that\nit is not unconstitutional or ineffective, such section, clause or\nprovision shall be valid and effective, and no other section, clause or\nprovision shall on account thereof be deemed invalid or ineffective.\n
N.Y. ELN Law § 5-1003 — New York Code / Act ELN / Article 5 / Title 10 / Section 5-1003
Use of information from a multistate voter list maintenance organization
Status: in_force

§ 5-1003. Use of information from a multistate voter list maintenance\norganization. 1. Notwithstanding any provision of law to the contrary,\nthe state board of elections shall use any information provided by a\nmultistate voter list maintenance organization that the state has joined\npursuant to section 5-1001 of this title, including but not limited to,\nthe use of such information in list maintenance activities performed\npursuant to section 5-614 of this article.\n  2. To avoid inadvertent or accidental registration of persons\nineligible to register to vote, any mailing to any potentially eligible\nbut unregistered person shall state the voter registration criteria,\nincluding but not limited to, any citizenship requirements.\n
N.Y. SOS Law § 355 — New York Code / Act SOS / Article 5 / Title 10 / Section 355
Rules, regulations and forms
Status: in_force

§ 355.  Rules, regulations and forms.  The department shall  1.\nsupervise the administration of family assistance,\n  2.  prescribe the form of and print and supply to the public welfare\nofficials blanks for applications, reports, affidavits and such other\nforms as it may deem advisable,\n  3.  make regulations necessary for the carrying out of the provisions\nof this title to the end that allowances may be granted and the\nprovisions of this title administered uniformly throughout the state.\n
N.Y. PBA Law § 1230-Z — New York Code / Act PBA / Article 5 / Title 10-B / Section 1230-Z
Separability
Status: in_force

§ 1230-z. Separability. If any clause, sentence, paragraph, section,\nor part of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section, or part thereof involved in\nthe controversy in which such judgment shall have been rendered.\n
N.Y. ENV Law § 37-1007 — New York Code / Act ENV / Article 37 / Title 10 / Section 37-1007
Electronic display
Status: in_force

§ 37-1007. Electronic display.\n  Beginning December first, two thousand twenty-four, no person shall\nsell or offer for sale in the state of New York any electronic display\nthat contains, in the enclosure or stand of such electronic display, any\norganohalogen flame retardant chemical, individually or in combination,\nthat is any of the following:\n  (a) At or above levels set by the department in regulation; or\n  (b) Intentionally added.\n
N.Y. ENV Law § 11-1009 — New York Code / Act ENV / Article 11 / Title 10 / Section 11-1009
Prohibitions
Status: in_force

§ 11-1009. Prohibitions.\n  (1) Raptors for use in falconry shall not be bought, sold or bartered,\nor offered for sale or barter, except that this section shall not apply\nto the captive bred progeny of lawfully acquired raptors.\n  (2) No person shall possess or maintain in captivity any raptor or\nraptors, except as otherwise provided by law, unless he shall first\nobtain a falconry license.\n
N.Y. ENV Law § 21-1005 — New York Code / Act ENV / Article 21 / Title 10 / Section 21-1005
Report and recommendations of department
Status: in_force

§ 21-1005. Report and recommendations of department.\n    The department shall submit to the governor and the legislature on\nor before the first day of the January next succeeding the approval of\nthe Compact its recommendations for any legislative action deemed by the\ndepartment advisable, including amendments to the statutes of the state\nof New York as well as recommendations for rules or regulations which it\ndetermines are necessary to carry out the intent and purposes of the\nCompact. The department shall also, as it deems advisable, submit to the\ngovernor and the legislature information on the programs and activities\nof the Council as they relate to the state of New York.\n
N.Y. RSS Law § 381-A — New York Code / Act RSS / Article 8 / Title 10 / Section 381-A
Retirement of members or officers of the state police; new plan
Status: in_force

§ 381-a. Retirement of members or officers of the state police; new\nplan. a. Every member or officer of the division of state police in the\nexecutive department who enters or re-enters service in the division on\nor after May first, nineteen hundred sixty-one shall contribute to the\npolice and fire retirement system in the manner provided for by this\nsection.\n  b. Every member or officer of the division of state police who entered\nsuch service prior to May first, nineteen hundred sixty-one and who\ncontributed under former section eighty-one-a of this chapter, in effect\nprior to April first, nineteen hundred sixty-seven shall contribute on\nthe basis provided for by this section.\n  c. A member who elects or is required to contribute in accordance with\nthis section, shall contribute, in lieu of the proportion of\ncompensation as provided in section three hundred twenty-one of this\narticle, a proportion of his or her compensation similarly determined.\nSuch latter proportion shall be computed to provide, at the time when he\nor she shall first become eligible for retirement under this section, an\nannuity equal to one-one hundredth of his or her final average salary\nfor each year of service as a member of the state employees' retirement\nsystem or the police and fire retirement system rendered after April\nsixteenth, nineteen hundred thirty-eight, and prior to the attainment of\nthe age when he or she shall first become eligible for retirement. Such\nmember's rate of contribution pursuant to this section shall be\nappropriately reduced pursuant to section three hundred seventy-a of\nthis article for such period of time as his or her employer contributes\npursuant to such section toward\npensions-providing-for-increased-take-home-pay. No such member shall\ncontinue to make contributions after completing twenty-five years of\nsuch service.\n  d. A member contributing on the basis of this section at the time of\nretirement, shall be entitled to retire after the completion of\ntwenty-five years of total creditable service in such division, or upon\nthe attainment of age sixty, by filing an application therefor in a\nmanner similar to that provided in section three hundred seventy of this\narticle.\n  1. Upon completion of twenty-five years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement and an\nadditional pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled\nshall be sufficient to provide him with a retirement allowance equal to\none-half of his final average salary.\n  2. Upon attainment of age sixty and upon retirement without completion\nof twenty-five years of such service, each such member shall receive a\npension which together with an annuity which shall be the actuarial\nequivalent of his accumulated contributions at the time of his\nretirement and an additional pension which is the actuarial equivalent\nof the reserve-for-increased-take-home-pay to which he may then be\nentitled, shall be sufficient to provide him with a retirement allowance\nequal to one-fiftieth of his final average salary for each year of\ncreditable service in such division. Every such member shall also be\nentitled to an additional pension equal to the pension for any\ncreditable service rendered while not an employee of the division as\nprovided under paragraphs three and four of subdivision a of section\nthree hundred seventy-five of this article. This latter pension shall\nnot increase the total allowance to more than one-half of his final\naverage salary.\n  For the purpose only of determining the amount of the pension provided\nin this subdivision, the annuity shall be computed as it would be if it\nwere not reduced by the actuarial equivalent of any outstanding loan,\nand if it were not increased by the actuarial equivalent of any\nadditional contributions, and if it were not reduced by reason of the\nmember's election to decrease his or her annuity contributions to the\npolice and fire retirement system in order to apply the amount of such\nreduction in payment of his or her contributions for old-age and\nsurvivors insurance coverage.\n  e. The increased pensions to members of the division, as provided by\nthis section, shall be paid from additional contributions made by the\nstate on account of such members. The actuary of the police and fire\nretirement system shall compute the additional contribution required for\neach member who elects to receive the special benefits provided under\nthis section. Such additional contributions shall be computed on the\nbasis of contributions during the prospective service of such member\nwhich will cover the liability of the police and fire retirement system\nfor such extra pensions. Upon approval by the comptroller, such\nadditional contributions shall be certified by him or her to the\nsuperintendent of state police. The amount thereof shall be included in\nthe annual appropriation of the state for the division of state police.\nSuch amount shall be paid on the warrant of the comptroller to the\npension accumulation fund of the police and fire retirement system.\n  f. In computing the twenty-five years of completed service of a member\nin the division, full credit shall be given and full allowance shall be\nmade for service of such member in time of war and service with the\nAmerican expeditionary forces subsequent to November eleventh, nineteen\nhundred eighteen, and prior to June thirtieth, nineteen hundred\nnineteen, of honorably discharged officers, soldiers, sailors, marines\nand army nurses, who were actual residents of the state at the time of\ntheir entry into the military service of the United States, and the\nservice of members of the national guard in the military service of the\nUnited States of America pursuant to the call of the president for\nMexican border service.\n  g. The provisions of this section shall be controlling notwithstanding\nany provision in this article to the contrary.\n
N.Y. LFN Law § 135.00 — New York Code / Act LFN / Article 2 / Title 10 / Section 135.00
Statement of total debt; inclusions in ascertaining gross indebtedness
Status: in_force

§ 135.00 Statement of total debt; inclusions in ascertaining gross\nindebtedness.  a. The debt statement of a municipality, school district\nin a city or fire district setting forth its total net indebtedness\nshall contain the following items of indebtedness for the purpose of\nshowing the gross indebtedness of such municipality, school district or\nfire district:\n  1. Borrowings. The amount of outstanding obligations (including in the\ncase of a county, city, town, village, school district or fire district\nwhich has sold obligations at a discount, only the original amount of\nmoney actually received by such county, city, town, village, school\ndistrict or fire district, irrespective of the face amount of the\nobligations at maturity) or other evidences of indebtedness representing\nmoney borrowed by such municipality, school district or fire district\nand remaining unpaid.\n  2. Real property liabilities. The amount of outstanding indebtedness\non account of the acquisition of real property, the title to which has\nvested in such municipality, school district or fire district, or the\ntitle to which it has agreed to accept pursuant to the terms of a\ncontract therefor, and for which payment has not been made. The amount\nof such indebtedness shall be ascertained pursuant to section 142.00 of\nthis chapter.\n  3. Contract liabilities. The amount of outstanding indebtedness\narising from:\n  (a) The amounts payable upon contracts, other than for capital\nimprovements or equipment, to the extent that the sums due or to become\ndue for the portion of such contracts which is performed or is to be\nperformed during a fiscal year shall not have been paid or provided for\nby a budgetary appropriation therefor for such fiscal year or in the tax\nlevy for such fiscal year.\n  (b) The amounts which are to become due pursuant to contracts for\ncapital improvements or equipment.\n  4. Contract liabilities: housing guarantees; subsidies. In the case of\na city, town or village, the amount of outstanding indebtedness of such\ncity, town or village\n  (a) On account of any contract for capital or periodic subsidies to a\nhousing authority to be paid subsequent to the then current year.\n  (b) Arising from a guarantee of the principal of and interest on, or\nonly the interest on indebtedness contracted by a housing authority.\n  The amount of such indebtedness shall be ascertained pursuant to\nsection 143.00 of this chapter.\n  4-a. Contract liabilities, guarantees of certain hospital\nindebtedness. In the case of a municipality, the amount of the\noutstanding indebtedness of the municipality arising from a guarantee\nauthorized by law pursuant to section seven of article seventeen of the\nstate constitution of the principal of and the interest on, or only the\ninterest on indebtedness contracted by an eligible corporation or\nassociation for the purpose of providing hospital or other facilities\nfor the prevention, diagnosis or treatment of human disease, pain,\ninjury, disability, deformity or physical condition, and for facilities\nincidental or appurtenant thereto. The amount of such indebtedness shall\nbe ascertained pursuant to section 143.10 of this chapter.\n  5. State loans to certain housing authorities and municipalities.  In\nthe case of a city, town or village, the amount of unpaid balances of\nloans by the state to (a) housing authorities acting as\ninstrumentalities of such city, town or village, or (b) municipalities\nfor urban renewal purposes.\n  6. Judgments, claims, awards and determinations. The amount of\noutstanding indebtedness represented by (a) judgments which have been\ndocketed and claims which have been settled or compromised, and (b)\nawards and sums payable by such municipality, school district or fire\ndistrict pursuant to a determination by a court, or an officer, body or\nagency, acting in an administrative or quasi-judicial capacity, to the\nextent to which such judgments, claims, awards and sums remain unpaid.\n  7. Indebtedness contracted by district corporations. In the case of a\ncity or village in which there is situated a district corporation, as\ndefined in paragraph a of section 102.00 of this chapter, or of a town\nin the unincorporated area of which there is situated a district\ncorporation, as defined in paragraph a of section 102.00 of this\nchapter, the amount of outstanding net indebtedness of such district\ncorporation which is allocated to such city, village or town pursuant to\nsection 120.00 of this chapter.\n  8. Pay-as-you-go financing. In the case of the city of New York the\namount deemed to be outstanding indebtedness pursuant to section 122.00\nof this chapter.\n  b. There shall be included as the indebtedness of a city school\ndistrict the amount of outstanding city indebtedness for education\npurposes allocated to such school district by the state comptroller.\n  c. There shall be included as the indebtedness of a school district in\na city the outstanding indebtedness or an appropriate proportion\nthereof, as the case may be, of merged or annexed school districts as\nprovided in section 121.00 of this chapter.\n
N.Y. PBA Law § 1230-U — New York Code / Act PBA / Article 5 / Title 10-B / Section 1230-U
Contracts
Status: in_force

§ 1230-u. Contracts. All contracts for construction or purchase of\nsupplies, materials or equipment shall be let by the water board, shall\nbe made in conformity with the applicable provisions of section one\nhundred three of the general municipal law and section one hundred\nthirty-five of the state finance law. For the purposes of article\nfifteen-A of the executive law only, the authority and the water board\nshall each be deemed a state agency as that term is used in such\narticle, and its contracts for procurement, design, construction,\nservices and materials shall be deemed state contracts within the\nmeaning of that term as set forth in such article. All construction\ncontracts shall be let in accordance with the provisions of state law\npertaining to prevailing wages, labor standards and working hours. The\nwater board may, in its discretion, assign contracts for supervision and\ncoordination to the successful bidder for any subdivision of work for\nwhich the water board receives bids. The water board shall not award any\nconstruction contract except to the lowest bidder who, in its opinion,\nis qualified to perform the work required and who is responsible and\nreliable. The water board may, however, reject any or all bids or waive\nany informality in a bid if it believes that the public interest will be\npromoted thereby. The water board may reject any bid if, in its\njudgment, the business and technical organization, plant, resources,\nfinancial standing, or experience of the bidder justifies such rejection\nin view of the work to be performed. Nothing in this title shall be\nconstrued to limit or diminish the power of the water board to do any\nconstruction directly by the officers, employees or agents of the water\nboard.\n
N.Y. PBA Law § 1949-K — New York Code / Act PBA / Article 8 / Title 10-B / Section 1949-K
Effect of inconsistent provisions
Status: in_force

§ 1949-k. Effect of inconsistent provisions.  In so far as the\nprovisions of this title are inconsistent with the provisions of any\nother act, general or special, or of any charter, local law, ordinance\nor resolution of any municipality, the provisions of this title shall be\ncontrolling. Nothing contained in this section shall be held to\nsupplement or otherwise expand the powers or duties of the authority\notherwise set forth in this title. Except as specifically provided for\nin this title, in the performance of any of its functions, powers and\nduties, the authority shall be subject to all applicable general or\nspecial laws of the state, the county charter, and any local law,\nordinance or resolution of the county.\n
N.Y. VAT Law § 2135 — New York Code / Act VAT / Title 10 / Article 46 / Section 2135
Severability
Status: in_force

§ 2135. Severability. If any provision of this article or the\napplication thereof to any person or circumstances is held invalid, the\ninvalidity shall not affect other provisions or applications of the\narticle which can be given effect without the invalid provision or\napplication, and to this end the provisions of this article are declared\nto be severable.\n
N.Y. ELN Law § 5-1004 — New York Code / Act ELN / Article 5 / Title 10 / Section 5-1004
Withdrawal from a multistate voter list maintenance organization
Status: in_force

§ 5-1004. Withdrawal from a multistate voter list maintenance\norganization. Withdrawal of the state from a multistate voter list\nmaintenance organization shall require an affirmative vote of the state\nboard of elections commissioners pursuant to subdivision four of section\n3-100 of this chapter.\n
N.Y. PBA Law § 1949 — New York Code / Act PBA / Article 8 / Title 10-B / Section 1949
Bonds legal investments for fiduciaries
Status: in_force

§ 1949. Bonds legal investments for fiduciaries.  The bonds of the\nauthority are hereby made securities in which all public officials and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nand administrators, guardians, executors, trustees and other fiduciaries\nand all other persons whatsoever, who are not or may hereafter be\nauthorized to invest in bonds or other obligations of the state, may\nproperly and legally invest funds including capital in their control or\nbelonging to them. Notwithstanding any inconsistent provision of law,\nthe bonds are also hereby made securities which may be deposited with\nand may be received by all public officers and bodies of this state and\nall municipalities for any purposes for which the deposit of bonds or\nother obligations of this state is now or hereafter may be authorized.\n
N.Y. ENV Law § 17-1013 — New York Code / Act ENV / Article 17 / Title 10 / Section 17-1013
State petroleum bulk storage advisory council
Status: in_force

§ 17-1013. State petroleum bulk storage advisory council.\n  1. There is hereby created within the department the "state petroleum\nbulk storage advisory council" hereinafter referred to as the "council".\nSuch council shall consist of seven members, at least one of whom shall\nbe a representative of operators other than owners in the state, at\nleast one of whom shall be a representative of owners in the state, at\nleast one of whom shall be a representative of municipal corporations,\nand at least two of whom shall be representatives of organizations whose\nprime function is the protection of natural resources and enhancement of\nthe environmental quality of the state. The members of the council shall\nbe appointed by the commissioner within three months of the effective\ndate of this title. Each member shall be, by professional training or\nexperience and attainment, qualified to analyze and interpret matters\npertaining to bulk storage of petroleum.\n  2. One member shall be elected chairman of the advisory council by a\nmajority vote of the members of such council.\n  3. The members of the council shall serve without compensation for\ntheir services as members of the council, except that each of them may\nbe allowed the necessary and actual expenses which he shall incur in the\nperformance of his duties under this section.\n  4. The council shall have the power, duty and responsibility to:\n  a. Serve as a working forum for the exchange of views, concerns,\nideas, information and recommendations relating to the bulk storage of\npetroleum.\n  b. Advise the department on the proposal, preparation and revision of\nthe rules and regulations necessary to carry out the provisions of this\ntitle.\n  c. Request and receive from the department at each meeting of the\ncouncil any portions of the rules and regulations then available for\nreview, whether in final or draft form, and any supporting documents or\nother pertinent data.\n  d. Before promulgation of the rules and regulations required by this\ntitle, the commissioner shall first submit such rules and regulations to\nthe council for review. The council shall, within sixty days of such\nsubmission, recommend in writing to the commissioner any suggested\nmodifications to such rules and regulations.\n  5. The recording of council proceedings shall be performed by\npersonnel of the department.\n
N.Y. ENV Law § 27-1005 — New York Code / Act ENV / Article 27 / Title 10 / Section 27-1005
Refund value
Status: in_force

§ 27-1005. Refund value.\n  No person shall sell or offer for sale a beverage container in this\nstate unless the deposit on such beverage container is or has been\ncollected by a registered deposit initiator and unless such container\nhas a refund value of not less than five cents which is clearly\nindicated thereon as provided in section 27-1011 of this title.\n
N.Y. PBA Law § 1232-D — New York Code / Act PBA / Article 5 / Title 10-D / Section 1232-D
Powers of the authority
Status: in_force

§ 1232-d. Powers of the authority. The authority shall have the power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To borrow money and issue bonds or other obligations and to provide\nfor the rights of the holders thereof;\n  4. To finance or refinance the acquisition, design, construction,\nreconstruction, rehabilitation and improvement, or otherwise provide and\nfurnish and equip facilities for the county, provided, however, that the\ncounty shall have requested such financing or refinancing;\n  5. To enter into contracts and to execute all instruments necessary,\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n  6. To acquire, by purchase, gift, grant, transfer, contract or lease,\nlease as lessee, hold, use, and lease as lessor, sell or otherwise\nconvey any real or personal property or any interest therein, as the\nauthority may deem necessary, convenient or desirable to carry out the\npurpose of this title; provided however, that any sale or lease by the\nauthority must be approved by the county legislature unless the proceeds\ntherefrom are used to pay debt service on authority bonds. In connection\nwith the purchase or lease of such properties, the authority may assume\nany obligations of the owner of such properties or facilities and, to\nthe extent required by the terms of any indentures or other instruments\nunder which such obligations were issued, the authority may assume and\nagree to perform covenants and observe the restrictions contained in\nsuch instruments; provided that any acquisition of any real or personal\nproperty or any interest therein from the county or any county agency,\nentity or subsidiary shall occur for no consideration or compensation\ngreater than the amount necessary to defease obligations outstanding\nwith respect to such property;\n  7. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, upon such\nterms and conditions as it may deem appropriate, and to accept, in its\ndiscretion, such licenses, permits or approvals as may be tendered to it\nby such agencies and officials;\n  8. To apply for and to accept any gifts, grants or loans of funds or\nproperty, or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof, or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n  9. To enter into agreements with the county, the state, or any other\nperson for the financing by the authority of projects as herein\nprovided; and\n  10. To do all things necessary, convenient or desirable for the\nexercise of the powers granted in this title.\n  In accordance with the legislative intent, nothing contained within\nthis title shall be construed to affect, alter or modify the county's\nresponsibility: (a) to provide sewerage services, (b) to provide storm\nwater services and (c) to collect moneys generated from charges by the\ncounty related to the provision of sewerage and storm water resources\nservices.\n
N.Y. VAT Law § 2114 — New York Code / Act VAT / Title 10 / Article 46 / Section 2114
Transfer to or from dealer; records
Status: in_force

§ 2114. Transfer to or from dealer; records. (a) If a dealer buys a\nvehicle and holds it for resale and procures the certificate of title\nfrom the owner within ten days after delivery to him of the vehicle, he\nneed not send the certificate to the commissioner but, upon transferring\nthe vehicle to another person other than by the creation of a security\ninterest, shall promptly execute the assignment and warranty of title by\na dealer, showing the names and addresses of the transferee and of any\nlienholder holding a security interest created or reserved at the time\nof the resale, in the spaces provided therefor on the certificate or as\nthe commissioner prescribes, and mail or deliver the certificate to the\ncommissioner with the transferee's application for a new certificate.\nThe assignment and warranty of title by a dealer required by this\nsection shall include a statement, signed by the dealer stating either\n(i) any facts or information known to him that could reasonably affect\nthe validity of the title of the vehicle, or (ii) that no such facts or\ninformation are known to him.\n  (b) Every dealer shall maintain a record in the form and for a period\nof time the commissioner prescribes of every vehicle bought, sold or\nexchanged by him, or received by him for sale or exchange, which shall\nbe open to inspection by a representative of the commissioner, a peace\nofficer, when acting pursuant to his special duties, or a police officer\nduring reasonable business hours.\n
N.Y. PBA Law § 1948 — New York Code / Act PBA / Article 8 / Title 10-B / Section 1948
Moneys of the authority
Status: in_force

§ 1948. Moneys of the authority.  All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in a bank or trust company in the state\ndesignated by the governing body. The moneys in such accounts shall be\npaid out on check of the treasurer upon requisition by the governing\nbody or of such other person or persons as the governing body may\nauthorize to make such requisitions. All deposits of such moneys shall\nbe secured by obligations of the United States or of the state of a\nmarket value equal at all times to the amount on deposit and all banks\nand trust companies are authorized to give such security for such\ndeposits. To the extent practicable, consistent with the cash\nrequirements of the authority, all such moneys shall be deposited in\ninterest bearing accounts. The authority shall have power,\nnotwithstanding the provisions of this section, to contract with the\nholders of any bonds as to the custody, collection, security, investment\nand payment of any moneys of the authority or any moneys held in trust\nor otherwise for the payment of bonds or in any way to secure bonds, and\nto carry out any such contract notwithstanding that such contract may be\ninconsistent with the provisions of this section. Moneys held in trust\nor otherwise for the payment of bonds or in any way to secure bond and\ndeposits of such moneys may be secured in the same manner as moneys of\nthe authority and all banks and trust companies are authorized to give\nsuch security for such deposits. Any moneys of the authority not\nrequired for immediate use or disbursement may, at the discretion of the\nauthority, be invested in those obligations specified pursuant to the\nprovisions of section ninety-eight-a of the state finance law. Subject\nto the provisions of any contract with bondholders and with the approval\nof the comptroller, the authority shall prescribe a system of accounts.\n
N.Y. VAT Law § 2109 — New York Code / Act VAT / Title 10 / Article 46 / Section 2109
Delivery
Status: in_force

§ 2109. Delivery. The certificate of title shall be mailed to the\nowner.\n
N.Y. PBA Law § 1230-T — New York Code / Act PBA / Article 5 / Title 10-B / Section 1230-T
Actions against the water board and authority
Status: in_force

§ 1230-t. Actions against the water board and authority. 1. Except in\nan action for wrongful death, no action or special proceeding shall be\nprosecuted or maintained against either the water board or the authority\nor their members, officers or employees for personal injury or damage to\nreal or personal property alleged to have been sustained by reason of\nthe negligence, tort or wrongful act of either the water board or the\nauthority or of any member, officer, agent or employee thereof, unless\n(a) a notice of claim shall have been made and served upon the water\nboard or the authority, as the case may be, within the time limit\nprescribed by and in compliance with section fifty-e of the general\nmunicipal law, (b) it shall appear by and as an allegation in the\ncomplaint or moving papers that at least thirty days have elapsed since\nthe service of such notice and that adjustment or payment thereof has\nbeen neglected or refused, and (c) the action or special proceeding\nshall be commenced within one year and ninety days after the happening\nof the event upon which the claim is based. An action against the board\nor authority for wrongful death shall be commenced in accordance with\nthe notice of claim and time limitation provisions of title eleven of\narticle nine of this chapter.\n  2. Wherever a notice of claim is served upon the water board or the\nauthority, the water board or the authority, as the case may be, shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The water board or the authority, as the case may be, may require\nany person presenting for settlement an account or claim for any cause\nwhatever against the water board or the authority, to be sworn before a\nmember, counsel, officer or employee of the water board or the authority\ndesignated for such purpose concerning such account or claim and, when\nso sworn, to answer orally as to any facts relative to such account or\nclaim. The water board or the authority, as the case may be, shall have\npower to settle or adjust all claims in favor of or against the water\nboard or the authority, as the case may be.\n  4. Any action or proceeding to which the authority, water board or the\npeople of the state may be parties, in which any question arises as to\nthe validity of this title, shall be preferred over all other civil\ncauses of action or cases, except election causes of action or cases, in\nall courts of the state and shall be heard and determined in preference\nto all other civil business pending therein except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of the county.\n  5. The rate of interest to be paid by the water board or the authority\nupon any judgment for which it is liable, other than a judgment on bonds\nof the authority, shall be the rate prescribed by section five thousand\nfour of the civil practice law and rules. Interest on payments of\nprincipal or interest on any bonds in default shall accrue at the rate\nor rates set forth in such bonds from the due date thereof until paid or\notherwise satisfied.\n
N.Y. SOS Law § 344 — New York Code / Act SOS / Article 5 / Title 10 / Section 344
Responsibility
Status: in_force

§ 344. Responsibility. 1.  Each social services district shall be\nresponsible for providing family assistance, under this title, to\npersons eligible therefor who reside in its territory. Temporary\nabsence, within or without the state, of such persons from such\nterritory, except as otherwise provided, shall not affect their\neligibility for such aid.\n  2.  Aid shall be construed to include services, particularly those\nservices which may be necessary for each child in the light of the\nparticular home conditions and his or her other needs.\n  3. Each social services district shall administer the aid, care and\nservices provided under this title, in accordance with state and federal\nrequirements.\n
N.Y. ELN Law § 5-1001 — New York Code / Act ELN / Article 5 / Title 10 / Section 5-1001
Designating a member representative
Status: in_force

§ 5-1001. Designating a member representative. The state board of\nelections shall designate the chief election official of the state of\nNew York as the representative to the board of directors of any\nmultistate voter list maintenance organization that the state is a\nmember of including, but not limited to, the electronic registration\ninformation center or its successor.\n
N.Y. PBA Law § 1230-B — New York Code / Act PBA / Article 5 / Title 10-B / Section 1230-B
Definitions
Status: in_force

§ 1230-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" means the corporation created by section twelve hundred\nthirty-c of this title.\n  2. "Bonds" means the bonds, notes or other evidences of indebtedness\nissued by the authority pursuant to this title, and the provisions of\nthis title relating to bonds and bondholders shall apply with equal\nforce and effect to notes and noteholders, respectively, unless the\ncontext otherwise clearly requires.\n  3. "City" means the city of Niagara Falls, Niagara county.\n  4. "Civil service commission" means the civil service commission of\nthe city of Niagara Falls.\n  5. "Comptroller" means the comptroller of the state of New York.\n  6. "Construction" or "constructed" means the acquisition, erection,\nbuilding, alteration, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of the water facilities and\ntheir associated transmission and distribution systems; of the\nwastewater facilities and their associated interceptor and collection\nsystems, including treatment facilities and pumping stations; and of the\nstorm water facilities including catch basins, sewers, drainage pipes,\ntreatment facilities and all appurtenances to such water, wastewater,\nand storm water facilities; the inspection and supervision thereof; and\nthe environmental, engineering, architectural, legal, fiscal, and\neconomic investigations, services and studies, surveys, designs, plans,\nworking drawings, specifications, procedures and other actions\npreliminary or incidental thereto and claims arising therefrom.\n  7. "Cost" as applied to any project, includes the cost of\nconstruction, the cost of the acquisition of all property, including\nreal property and other property, both real, personal and mixed,\nimproved and unimproved, the cost of demolishing, removing or relocating\nany buildings or structures on lands so acquired, including the cost of\nacquiring any lands to which such buildings or structures may be moved\nor relocated, the cost of all system facilities, machinery, apparatus\nand equipment, financing charges, interest prior to, during and after\nconstruction to the extent not paid or provided for from revenues or\nother sources, the cost of any environmental, engineering and\narchitectural investigations, surveys, plans and specifications, the\ncost of consultant and legal services, the cost of any guarantee or bond\ninsurance or any other credit support devices and the cost of other\nexpenses necessary, reasonably related or incidental to the construction\nof any such project and the financing of the construction thereof,\nincluding the amount authorized in the resolution of the authority\nproviding for the issuance of bonds to be paid into any reserve or other\nspecial fund from the proceeds of such bonds, and the financing of the\nplacing of any project in operation, including the reimbursement to the\ncity, any municipality, state agency, the state, the United States\ngovernment, or any other person for expenditures that would be costs of\nany project hereunder had they been made directly by the authority or\nthe water board.\n  8. "Council" means the duly elected council of the city of Niagara\nFalls.\n  9. "County" means the county of Niagara, state of New York.\n  10. "County legislature" means the county legislature of the county of\nNiagara.\n  11. "Executive director" means the executive director or chief\nexecutive officer of the water board, or any other person duly appointed\nor delegated to perform such duties by the governing body of the water\nboard.\n  12. "Facilities" means any of the properties of the authority or the\nwater board or any other real property, personal or mixed property\ncontrolled, leased, or operated by the authority or the water board\nwhich is used or intended to be used in the system or in furtherance of\ntheir respective corporate purposes.\n  13. "Governing body" means the members of the authority or the water\nboard, as the case may be, constituting and acting as the governing body\nof the authority or the water board, as the case may be.\n  14. "Mayor" means the mayor of the city of Niagara Falls.\n  15. "Municipality" means any county, city, town, village, water\ndistrict, fire district, fire protection district, school district,\nsewer district, special or improvement district, commission, board or\ndepartment of the governmental body indicated, any other such\ninstrumentality, including any agency, or public corporation of the\nstate, or any of the foregoing or any combination thereof.\n  16. "Person" means any natural person, firm, trustee, executor,\npersonal representative, partnership, association, limited partnership,\nlimited liability company, limited liability partnership, joint venture\nor corporation, or other legal entity whatsoever, exclusive of a public\ncorporation as defined pursuant to article two-A of the general\nconstruction law. The masculine gender shall include the feminine, the\nsingular shall include the plural where indicated by the context.\n  17. "Project" means any system-related facility or properties,\nincluding the acquisition, planning, development, financing or\nconstruction thereof.\n  18. "Properties" means any part of the system or facility of the water\nboard, whether situated within or without the territorial limits of the\ncity or the water board's service area, including the plants, works,\nstructures, instrumentalities or part thereof and appurtenances thereto,\nreal property, or any other property incidental or appurtenant to and\nincluded in such facility or facilities or part thereof, and any\nimprovements, extensions and betterments.\n  19. "Real property" means lands, structures, franchises, rights and\ninterests in land, air space, waters, land underwater, riparian rights\nand air rights and any and all things and rights included within said\nterm and includes not only fee simple absolute, but also any and all\nlesser interests including, but not limited to, easements,\nrights-of-way, uses, leases, licenses and all other incorporeal\nhereditaments and every estate, interest or right, legal or equitable,\nincluding terms for years and liens thereon by way of judgments,\nmortgages or otherwise.\n  20. "Revenues" means all rates, fees, charges, payments and other\nincome and receipts derived from the operation of the system and the\nfacilities and properties of the water board including, without limiting\nthe generality of the foregoing, investment proceeds and proceeds of\ninsurance, condemnation, and sale or other disposition of assets,\ntogether with all federal, state or municipal aid.\n  21. "Service area" means the area comprising the entirety of the city\non the date on which this title becomes effective. Upon mutual agreement\nwith any municipality the service area may be expanded to include such\nmunicipality or any portion or part thereof.\n  22. "State" means the state of New York.\n  23. "State agency" means any state office, public benefit corporation,\npublic authority, department, board, commission, bureau or division, or\nother agency or instrumentality of the state.\n  24. "Storm water facility" means any plants, structures and other\nproperty, real, personal or mixed, acquired, rehabilitated, constructed\nor planned for the purpose of collecting, conveying, accumulating,\nstoring, transmitting, draining, discharging or treating storm water,\nincluding, but not limited to, odor control facilities, force mains,\nconduits, pipelines, interceptors, mains, pumping stations, flow meters,\nsampling stations, pumps, treatment plants and works, outfalls, contract\nrights, easements, franchises, approaches, connections, permits, meters,\nrights of flowage or diversion and other plants, structures, equipment,\nvehicles, conveyances, real or personal property or rights therein and\nappurtenances thereto necessary or useful and convenient for the\ncollection, conveyance, accumulation, storage, drainage, discharge,\ntransmission, or treatment of storm water.\n  25. "System" means the entirety of all water, wastewater, and storm\nwater facilities or properties as described herein.\n  26. "User" means any person or effluent source that directly or\nindirectly contributes, causes or permits the contribution of waste into\nor through the wastewater or storm water facilities, or any person who\nreceives or uses water from the water facilities described in this\ntitle.\n  27. "Waste" means any liquid, solid or gaseous substance, or\ncombination thereof, that may be introduced into the wastewater or storm\nwater facilities.\n  28. "Wastewater facility" means any plants, structures and other\nproperty, real, personal or mixed, acquired, rehabilitated, constructed\nor planned for the purpose of collecting, conveying, accumulating,\nstoring, transmitting, or treating wastewater, including, but not\nlimited to, odor control facilities, force mains, conduits, pipelines,\ninterceptors, mains, pumping stations, flow meters, sampling stations,\npumps, piping systems, treatment plants and works, outfalls, contract\nrights, easements, franchises, approaches, connections, permits, meters,\nrights of flowage or diversion and other plants, structures, equipment,\nvehicles, conveyances, real or personal property or rights therein and\nappurtenances thereto necessary or useful and convenient for the\ncollection, conveyance, accumulation, storage, transport, treatment,\ndisposal or reuse of wastewater.\n  29. "Water board" means the corporation created by special act of the\nstate legislature as provided in section twelve hundred thirty-e of this\ntitle.\n  30. "Water facility" or "water facilities" means any plants,\nstructures and other property, real, personal or mixed, acquired,\nrehabilitated, constructed or planned for the purpose of accumulating,\nstoring, supplying, transmitting, treating or distributing water,\nincluding, but not limited to, surface or groundwater reservoirs,\nbasins, dams, canals, aqueducts, aqueduct taps, standpipes, conduits,\npipelines, interceptors, mains, pumping stations, pumps, water\ndistribution systems, compensating reservoirs, intake stations,\nwaterworks or sources of water supply, wells, purification or filtration\nplants or other treatment plants and works, contract rights, franchises,\napproaches, connections, permits, water meters, rights of flowage or\ndiversion and other plants, structures, equipment, vehicles,\nconveyances, real or personal property or rights therein and\nappurtenances thereto necessary or useful and convenient for the\naccumulation, supply, transmission, storage, treatment or distribution\nof water.\n
N.Y. SOS Law § 358-B — New York Code / Act SOS / Article 5 / Title 10 / Section 358-B
Limitations on state reimbursement for foster care
Status: in_force

* § 358-b. Limitations on state reimbursement for foster care. In the\nevent that a petition for approval of an instrument and the transfer of\nthe custody and guardianship or care and custody of a child is filed\nwithin thirty days following removal of the child from his home and\ndiligently pursued pursuant to section three hundred fifty-eight-a of\nthis title, state reimbursement shall not be denied for expenditures\nmade by a social services district for the care and maintenance of such\na child away from his home prior to denial of such petition by a family\ncourt judge solely by reason of such denial.\n  * NB Effective until June 30, 2027\n  * § 358-b. Limitations on state reimbursement for foster care. In the\nevent that a petition for approval of an instrument and the transfer of\nthe custody and guardianship or care and custody of a child is filed\nwithin thirty days following removal of the child from his home and\ndiligently pursued pursuant to section three hundred fifty-eight-a of\nthis chapter, state reimbursement shall not be denied pursuant to\nsection one hundred fifty-three-d of this chapter, for expenditures made\nby a social services district for the care and maintenance of such a\nchild away from his home prior to denial of such petition by a family\ncourt judge solely by reason of such denial.\n  * NB Effective June 30, 2027\n
N.Y. ENV Law § 17-1003 — New York Code / Act ENV / Article 17 / Title 10 / Section 17-1003
Definitions
Status: in_force

§ 17-1003. Definitions.\n  As used in this title:\n  1. "Facility" means a single property or contiguous or adjacent\nproperties used for a common purpose which are owned or operated by the\nsame person on or in which are located:\n  a. one or more stationary tanks which are used singularly or in\ncombination for the storage or containment of more than one thousand one\nhundred gallons of petroleum; or\n  b. any tank whose capacity is greater than one hundred ten gallons\nthat is used for the storage or containment of petroleum, the volume of\nwhich is ten percent or more beneath the surface of the ground.\n  This term shall not include:\n  (1) facilities licensed under article twelve of the navigation law;\n  (2) facilities regulated under the federal natural gas act;\n  (3) a heating oil tank used for on premises consumption at the same\nsite which is not interconnected to any other heating oil tank and is\nused to store or contain less than one thousand one hundred gallons of\npetroleum unless such tank is located on a site that otherwise meets the\ndefinition of facility given in this subdivision;\n  (4) tanks eleven hundred gallons or less used to store motor fuel\n(gasoline or diesel products) for non-commercial purposes (not for\nresale) at a farm or residence, unless such tank or tanks are located on\na site that otherwise meets the definition of facility given in this\nsubdivision;\n  (5) tanks used to store or contain asphalt, however, tanks used to\nstore or contain asphaltic emulsions are included; or\n  (6) tanks which have been permanently closed in accordance with\nregulations promulgated pursuant to section 17-1005 of this title.\n  2. "Substantially modified facility" means the reconditioning or\nreplacement of an existing tank or installation of a new tank at a\nfacility.\n  3. "Operator" means any person who leases, operates, controls or\nsupervises a facility.\n  4. "Owner" means any person who has legal or equitable title to a\nfacility.\n  5. "Petroleum" means:\n  a. crude oil and any fraction thereof;\n  b. any mixture containing crude oil or any fraction thereof; and\n  c. synthetic forms of lubricating oil, dielectric oils, insulating\noils, hydraulic oils and cutting oils.\n  Such term shall not include:\n  (1) hazardous waste defined pursuant to section 27-0903 of this\nchapter;\n  (2) substances meeting the definition of hazardous substance pursuant\nto section 40-0105 of this chapter;\n  (3) animal or vegetable oils that do not contain crude oil or\nfractions thereof; or\n  (4) substances that are gases at standard temperature and pressure.\n  6. "Electronic monitoring system" means an electronic leak detection\nsystem, approved by the department, containing a warning system capable\nof operating on a continuous basis to detect petroleum prior to its\nreaching ground or surface waters.\n  7. "Tank" means a stationary device designed to store petroleum, which\nis constructed of non-earthen materials that provide structural support.\nThe term "tank" includes all associated pipes, lines, fixtures and other\nancillary equipment. The term "tank" does not include septic tank;\nsurface impoundment, pit, pond or lagoon; storm-water or wastewater\ncollection system; flow-through process tank; or liquid trap or\nassociated gathering lines directly related to oil or gas production and\ngathering operations.\n  8. "Spill" or "leak" means any escape of petroleum from the ordinary\ncontainers employed in the normal course of storage, transfer,\nprocessing or use.\n
N.Y. PBA Law § 1232-J — New York Code / Act PBA / Article 5 / Title 10-D / Section 1232-J
Moneys of the authority
Status: in_force

§ 1232-j. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in such bank or banks in the state\ndesignated by the governing body. Moneys derived from charges by the\nauthority related to sewerage services shall be kept separate and shall\nnot be commingled with moneys from charges by the authority related to\nstorm water resources services. The moneys in such accounts shall be\npaid out on check of the treasurer upon requisition by the governing\nbody or of such other person or persons as the governing body may\nauthorize to make such requisitions. All deposits of such moneys shall\nbe secured by obligations of the United States or of the state or of the\ncounty of a market value equal at all times to the amount on deposit,\nand all banks and trust companies are authorized to give such security\nfor such deposits. The authority shall have the power, notwithstanding\nany other provisions of this section, to contract with the holders of\nany bonds as to the custody, collection, security, investment and\npayment of any moneys of the authority or any moneys held in trust or\notherwise for the payment of bonds or in any way to secure bonds, and to\ncarry out any such contract notwithstanding that such contract may be\ninconsistent with the provisions of this section. Moneys held in trust\nor otherwise for the payment of bonds or in any way to secure bonds and\ndeposits of such moneys may be secured in the same manner as moneys of\nthe authority and all banks and trust companies are authorized to give\nsuch security for such deposits. Any moneys of the authority not\nrequired for immediate use or disbursement may, at the discretion of the\nauthority, be invested in those obligations specified pursuant to the\nprovisions of section ninety-eight-a of the state finance law.\nNotwithstanding any other provision of this title to the contrary, for\nthe purpose of any such contract with the holders of any bonds, any\nmoneys of the authority from whatever source derived may be used in\nwhole or in part for the payment of bonds or in any way to secure bonds,\nand to carry out any such contract. Provided however, that any monies\nderived from charges by the authority related to sewerage services or\nstorm water resources services shall continue to be accounted for with\nrespect to their source and any such monies which are used for the\npayment of bonds or in any way to secure bonds, and to carry out any\ncontract with the holders of any bonds, shall be accounted for\nseparately after reduction by an amount equal to the portion thereof\napplied to the payment of debt service, reserve requirements, if any,\nand other costs associated with bond-related payments. Subject to the\nprovisions of any contract with bondholders and with the approval of the\ncomptroller, the authority shall prescribe a system of accounts.\n
N.Y. ENV Law § 27-1014 — New York Code / Act ENV / Article 27 / Title 10 / Section 27-1014
Authority to promulgate rules and regulations
Status: in_force

§ 27-1014. Authority to promulgate rules and regulations.\n  In addition to the authority of the commissioner, under sections\n27-1009 and 27-1013 of this title, the commissioner shall have the power\nto promulgate rules and regulations necessary and appropriate for the\nadministration of this title.\n
N.Y. PBA Law § 1231-B — New York Code / Act PBA / Article 5 / Title 10-C / Section 1231-B
Niagara Falls water board
Status: in_force

§ 1231-b. Niagara Falls water board. For the benefit of the city of\nNiagara Falls and the inhabitants thereof, a water board to be known as\nthe Niagara Falls water board is hereby established for the\naccomplishment of any or all of the purposes specified in title ten-B of\nthis article. It shall have the powers and duties now or hereafter\nconferred by title ten-B of this article upon a water board. It shall be\norganized in a manner prescribed by and be subject to the provisions of\ntitle ten-B of this article. The water board, its members, officers and\nemployees and its operations and activities shall in all respects be\ngoverned by the provisions of title ten-B of this article.\n
N.Y. PBA Law § 1226-Q — New York Code / Act PBA / Article 5 / Title 10 / Section 1226-Q
Agreement with the state
Status: in_force

§ 1226-q. Agreement with the state. The state does hereby pledge to\nand agree with the holders of any bonds issued by the authority pursuant\nto this title and with those persons or public corporations who may\nenter into contracts with the authority pursuant to the provisions of\nthis title that the state will not alter, limit or impair the rights\nhereby vested in the authority to purchase, construct, own and operate,\nmaintain, repair, improve, reconstruct, renovate, rehabilitate, enlarge,\nincrease and extend, or dispose of any project, or any part or parts\nthereof for which bonds of the authority shall have been issued, to\nestablish and collect rates, rents, fees and other charges referred to\nin this title, to fulfill the terms of any contracts or agreements made\nwith or for the benefit of the holders of bonds or with any person or\npublic corporation with reference to such project or part thereof, or in\nany way to impair the rights and remedies of the holders of bonds, until\nthe bonds, together with interest thereon, including interest on any\nunpaid installments of interest, and all costs and expenses in\nconnection with any action or proceeding by or on behalf of the holders\nof bonds, are fully met and discharged and such contracts are fully\nperformed on the part of the authority. The authority is authorized to\ninclude this pledge and agreement of the state in any agreement with the\nholders of bonds.\n
N.Y. ENV Law § 17-1005 — New York Code / Act ENV / Article 17 / Title 10 / Section 17-1005
Leak detection
Status: in_force

§ 17-1005. Leak detection.\n  1. a. The department shall promulgate rules and regulations to provide\nfor the early detection of leaks or potential leaks by owners and\noperators.\n  b. Such rules and regulations shall provide for daily measurements and\ninventory records for petroleum in each facility using a gauge, gauge\nstick or automatic gauging system as well as product receipt and\ndisbursement records. The department may exempt facilities which are not\nengaged in the resale of petroleum from the requirements of this\nparagraph.\n  2. a. The department shall establish minimum standards and schedules\nfor testing and inspection of those portions of facilities which are\nover ten years old. Such schedules shall be based on such factors as\ninventory methods and electronic monitoring systems; facility age,\ncondition and construction type; soil conditions, location of facility\nrelative to water supplies and other environmental factors.\n  b. The department shall establish, by rule and regulation, criteria\nwhereby facilities are properly closed and thereby released from testing\nand inspection requirements. The department may require the owner to\nprovide financial assurances to ensure that the facility is properly\nclosed. Any decision by the department with respect to requiring such\nfinancial assurances and the methods or instruments which are to be used\nshall be accompanied by a finding regarding the public interest and\nshall set forth the reasons therefor.\n
N.Y. ENV Law § 72-1003 — New York Code / Act ENV / Article 72 / Title 10 / Section 72-1003
Fees
Status: in_force

§ 72-1003. Fees.\n  All persons required to obtain a permit or approval or subject to\nregulation under this title shall submit annually to the department a\nfee in the amount to be determined for affected land as follows:\n  1. four hundred dollars for minor projects; or\n  2. seven hundred dollars for affected land of an acreage equal to or\nless than five acres; or\n  3. nine hundred dollars for affected land of an acreage greater than\nfive acres and equal to or less than ten acres; or\n  4. fifteen hundred dollars for affected land of an acreage greater\nthan ten acres and equal to or less than twenty acres; or\n  5. four thousand dollars for affected land of an acreage greater than\ntwenty acres and equal to or less than thirty acres; or\n  6. eight thousand dollars for affected land of an acreage greater than\nthirty acres.\n
N.Y. VAT Law § 2117-B — New York Code / Act VAT / Title 10 / Article 46 / Section 2117-B
Surrender of title to a manufactured home
Status: in_force

* § 2117-b. Surrender of title to a manufactured home. (a) The owner\nor owners of a manufactured home that is covered by a certificate of\ntitle and that is affixed to a permanent foundation as provided in\nsection three hundred forty-four-a of the real property law, or which\nthe owner or owners intend to affix to a permanent foundation, may\nsurrender the certificate of title to the manufactured home to the\ncommissioner by filing with the commissioner an application for\nsurrender of title containing or accompanied by:\n  (1) the name, residence and mailing address of the owner;\n  (2) a description of the manufactured home including, so far as the\nfollowing data exists: the name of the manufacturer, the make, the model\nname, the model year, the dimensions, and the vehicle identification\nnumber or numbers of the manufactured home and whether it is new or used\nand any other information the commissioner requires;\n  (3) the date of purchase by the owner of the manufactured home, the\nname and address of the person from whom the home was acquired and the\nnames and addresses of any security interest holders and lienholders in\nthe order of apparent priority;\n  (4) a statement signed by the owner, stating either: (i) any facts or\ninformation known to the owner that could reasonably affect the validity\nof the title of the manufactured home or the existence or non-existence\nof security interests in or liens on it; or (ii) that no such facts or\ninformation are known to the owner;\n  (5) the recorded original affidavit of affixation as provided by\nparagraph (iii) of subdivision (a) of section three hundred forty-four-b\nof the real property law;\n  (6) the name and mailing address of each person wishing written\nacknowledgment of surrender from the commissioner;\n  (7) the original certificate of title, which, upon concurrent transfer\nof title to the manufactured home, may be endorsed by the current owner\nof record to the purchaser;\n  (8) any release of lien required by subdivision (b) of this section;\nand\n  (9) any other information and documents the commissioner reasonably\nrequires to identify the owner of the manufactured home, to determine\nwhether the owner satisfied the applicable requirements of section three\nhundred forty-four-f of the real property law, and to enable the\ncommissioner to determine whether the owner is entitled to surrender the\ncertificate of title and the existence or non-existence of security\ninterests in or liens on the manufactured home.\n  (b) The commissioner shall not accept for surrender a certificate of\ntitle to a manufactured home unless and until any liens pursuant to\nsection twenty-one hundred five-a and any security interests pursuant to\nsections twenty-one hundred seven and twenty-one hundred eighteen of\nthis article have been released.\n  (c) When satisfied as to its genuineness and regularity of the\nsurrender of a certificate of title to a manufactured home and upon\nsatisfaction of the requirements of subdivisions (a) and (b) of this\nsection, the commissioner shall cancel the certificate of title and\nupdate the commissioner's records in accordance with the provisions of\nsubdivisions (i) and (j) of section twenty-one hundred seven of this\narticle. The commissioner shall also provide written acknowledgment of\ncompliance with the provisions of this section to each person identified\non the application for surrender of a certificate of title under\nparagraph six of subdivision (a) of this section.\n  (d) Upon satisfaction of the requirements of this section a\nmanufactured home shall be conveyed and encumbered as provided in\nsection three hundred forty-four-g of the real property law.\n  (e) Upon written request, the commissioner shall provide written\nacknowledgment of compliance with the provisions of this section.\n  * NB Effective December 12, 2026\n
N.Y. LAB Law § 643 — New York Code / Act LAB / Article 18 / Title 10 / Section 643
Saving clause
Status: in_force

§ 643. Saving clause.  The legislature reserves the right to amend,\nalter, or repeal any provision of this article; and no person shall be\nor be deemed to be vested with any property or other right by virtue of\nthe enactment or operation of this article.\n
N.Y. PBA Law § 1230-H — New York Code / Act PBA / Article 5 / Title 10-B / Section 1230-H
Transfer of facilities by the city of Niagara Falls or any municipality
Status: in_force

§ 1230-h. Transfer of facilities by the city of Niagara Falls or any\nmunicipality. 1. The city or any municipality may, by resolution\napproved by a majority of the entire voting strength of the applicable\ngoverning body of the board of the city or municipality, as the case may\nbe, enter into an agreement with the water board for the transfer, by\ndeed, lease or other arrangement, to the water board, for use in the\nexercise of its corporate powers and purposes, of any property, real,\npersonal or mixed or any interest therein, constituting a water,\nwastewater or storm water facility or facilities or otherwise owned by\nit. Any such property offered to be transferred to the water board\nwithin the period commencing on the date the certificate described in\nparagraph (a) of subdivision five of section twelve hundred thirty-e of\nthis title shall be filed by the mayor and terminating three hundred\nsixty-five days thereafter shall be accepted by the water board in the\nphysical condition in which it then exists. Any such agreement shall\nstate the consideration, if any, for such transfer and shall provide\nthat the authority shall assume the obligation to pay any or all\noutstanding indebtedness of the transferring body relating to the system\nand/or pay all or part of any purchase or acquisition price in cash or\nin installments over such period of years, at such rate of interest, if\nany, and may be subject to such other terms and conditions as the water\nboard, the authority, the city or municipality, as the case may be,\nshall agree to be fair, adequate and reasonable. Notwithstanding the\nprovisions of any general, special or local law or charter to the\ncontrary, any action taken by the city or any municipality pursuant to\nthis subdivision shall not be subject to a permissive or mandatory\nreferendum.\n  2. Any such agreement shall set forth the liabilities of the city or\nof any municipality in which it is contemplated are to be paid by the\nauthority or the water board from moneys available to it.\n  3. Any such agreement may provide for the payment by the city or any\nmunicipality to the water board of any funds, including the remaining\nproceeds of any bonds or notes issued for any facility of the system, to\nbe transferred by the city or municipality to the water board as may be\ndetermined appropriate by the city or such municipality and the water\nboard.\n  4. The city, any municipality, the authority and the water board, or\nany combination thereof, are hereby authorized and empowered to make or\nenter into any contracts, agreements, deeds, leases, conveyances or\nother instruments as may be necessary or appropriate to effectuate the\npurposes of this title, and they shall have power and authority to do so\nand to authorize the doing of all things incidental, desirable or\nnecessary to implement the provisions of this title.\n  5. Notwithstanding the foregoing provisions of this section, no\nagreement relating to the transfer of system facilities contemplated by\nthis section shall become effective for any purpose unless and until the\nsame shall have been approved in writing by resolution of the authority.\n  6. Upon the filing by the water board with the clerk of the city and\nthe secretary of state of a copy of the instruments or documents\neffectuating the transfer authorized by this section, the water board\nshall take possession of the system facilities or any part thereof of\nthe city or any municipality thereby transferred.\n  7. Any application filed or proceeding heretofore commenced in\nrelation to any facility of the system transferred to the water board\npending with the state departments of environmental conservation or\nhealth or any other state agency or with the United States environmental\nprotection agency or any other federal agency or instrumentality, shall\ninure to and for the benefit of the water board and be binding upon the\nwater board to the same extent and in the same manner as if the water\nboard had been a party to such application or proceeding from its\ninception, and the water board shall be deemed a party thereto to the\nextent not prohibited by any federal or state law. Any license,\napproval, permit or decision heretofore or hereafter issued or granted\npursuant to or as a result of any such application or proceeding shall\ninure to the benefit of and be binding upon the water board and shall be\nassigned and transferred by the city or applicable municipality to the\nwater board unless such assignment and transfer is prohibited by federal\nor state law.\n
N.Y. PBA Law § 1949-F — New York Code / Act PBA / Article 8 / Title 10-B / Section 1949-F
Equal employment opportunity
Status: in_force

§ 1949-f. Equal employment opportunity.  The authority shall ensure\nthat all employees or applicants for employment are afforded equal\nemployment opportunity without discrimination.\n
N.Y. PBH Law § 1374 — New York Code / Act PBH / Article 13 / Title 10 / Section 1374
Receivership
Status: in_force

§ 1374. Receivership.  1. In the event of failure to comply with an\norder issued pursuant to this title and containing provision for such\napplication, the officer issuing the order may apply to a court of\ncompetent jurisdiction in the county wherein the dwelling is located for\nan order appointing such officer or his designee receiver of the rents\nof such dwelling for the purpose of effectuating the provisions of such\norder.\n  2. An application for appointment of a receiver hereunder shall be on\nat least ten days' notice to the owner of the dwelling, effected in the\nsame manner as in an action to foreclose a mortgage. A receiver\nappointed hereunder shall not have any right superior to those of any\nmortgagee or lienor of record who has not had at least ten days' notice,\nby personal service or registered or certified mail, of the application\nfor appointment of a receiver.\n  3. A receiver appointed hereunder shall have the power to collect the\naccrued and accruing rents of the dwelling and shall apply such\ncollected rents to costs and expenses incurred in connection with (a)\nremoving, replacing, repainting and covering surfaces of the dwelling\nnecessary to effectuate the provisions of the order of abatement, (b)\ninterim operation and management of the dwelling, (c) administration of\nthe receivership.\n  4. As soon as practicable after completion of his duties, the receiver\nshall render a full accounting to the court and, upon payment over of\nany surplus moneys to the owner or other persons as the court may\napprove or direct and upon the order of the court, he shall be relieved\nof any further responsibility or liability in connection with his\nreceivership.\n
N.Y. ENV Law § 72-1001 — New York Code / Act ENV / Article 72 / Title 10 / Section 72-1001
Definitions
Status: in_force

§ 72-1001. Definitions.\n  1. "Affected land" and "land affected by mining" means the sum of that\nsurface area of land or land under water which:\n  (a) has been disturbed by mining since April first, nineteen hundred\nseventy-five, and has not been reclaimed, and\n  (b) is to be disturbed by mining during the term of the permit to\nmine.\n  2. "Mining" means the extraction of overburden and minerals from the\nearth; the preparation and processing of minerals, including any\nactivities or processes or parts thereof for the extraction or removal\nof minerals from their original location and the preparation, washing,\ncleaning, crushing, or other processing of minerals at the mine location\nso as to make them suitable for commercial, industrial or construction\nuse, exclusive of manufacturing processes, at the mine location; the\nremoval of such materials through sale or exchange, or for commercial,\nindustrial or municipal use; and the disposition of overburden, tailings\nand waste at the mine location. "Mining" shall not include the\nexcavation, removal and disposition of minerals from construction\nprojects, exclusive of the creation of water bodies, or excavations in\naid of agricultural activities.\n  3. "Minor projects" means projects which meet all of the following\ncriteria:\n  (a) total acreage affected by mining for the entire mining site is\nless than five acres, regardless of length of mining period;\n  (b) total depth of mine from floor to top of mine face is less than\ntwenty feet;\n  (c) there is no on-site processing of minerals (e.g., washing,\ncrushing);\n  (d) there is no mining within one hundred feet of any surface waters;\n  (e) there is no mining of consolidated minerals;\n  (f) there is no mining within five hundred feet of any dwelling; and\n  (g) there is no mining below the water table at the mine site.\n
N.Y. VAT Law § 2131 — New York Code / Act VAT / Title 10 / Article 46 / Section 2131
Evidence of criminal intent or knowledge
Status: in_force

§ 2131. Evidence of criminal intent or knowledge. In a prosecution for\na crime specified in this article, evidence that the defendant has\ncommitted a prior act or acts of the same kind is admissible to prove\ncriminal intent or knowledge.\n
N.Y. VAT Law § 2119 — New York Code / Act VAT / Title 10 / Article 46 / Section 2119
Security interest
Status: in_force

§ 2119. Security interest. If an owner creates a security interest in\na vehicle:\n  (a) The owner shall, if the lienholder so requests, execute the\napplication, in the space provided therefor on the certificate of title\nor on a separate form the commissioner prescribes, to name the\nlienholder on the certificate, showing the name and address of the\nlienholder, and cause the certificate, application and the required fee\nto be delivered to the lienholder.\n  (b) The lienholder shall, immediately after the owner complies with\nsubdivision (a), cause the certificate, application and the required fee\nto be mailed or delivered to the commissioner.\n  (c) Upon receipt of the certificate of title, application and the\nrequired fee, the commissioner shall either endorse on the certificate,\nor issue a new certificate containing, the name and address of the new\nlienholder, and mail the certificate to the owner.\n
N.Y. PBA Law § 1230-A — New York Code / Act PBA / Article 5 / Title 10-B / Section 1230-A
Short title
Status: in_force

§ 1230-a. Short title. This title shall be known and may be cited as\nthe "Niagara Falls public water authority act."\n
N.Y. SOS Law § 345 — New York Code / Act SOS / Article 5 / Title 10 / Section 345
Definition
Status: in_force

§ 345.  Definition.  As used in this title the term "child" means a\nperson under eighteen years of age, or a person under nineteen years of\nage who is a full-time student regularly attending a secondary school or\nin the equivalent level of vocational or technical training if, before\nsuch person attains age nineteen, such person may reasonably be expected\nto complete the program of such secondary school or training.\n
N.Y. SOS Law § 348 — New York Code / Act SOS / Article 5 / Title 10 / Section 348
Application for family assistance
Status: in_force

§ 348. Application for family assistance. 1. Application for family\nassistance shall be made to the appropriate social services district.\n  2. Application for or receipt of family assistance shall operate as an\nassignment to the state and the social services district concerned of\nany rights to support that accrue during the period that a family\nreceives family assistance from any other person as such applicant or\nrecipient may have either on their own behalf or on behalf of any other\nfamily member for whom the applicant or recipient is applying for or\nreceiving assistance. Applicants for or recipients of family assistance\nshall be informed that such application for or receipt of such benefits\nwill constitute such an assignment.\n  3. Such assignment shall terminate with respect to current support\nrights upon a determination by a local commissioner that such person is\nno longer eligible for family assistance, except with respect to the\namount of any unpaid support obligation that has accrued during the\nperiod that a family received family assistance.\n  4. It shall be the duty of social services officials to provide same\nday referral of applicants for family assistance support services as\nprovided under title six-A of article three of this chapter pursuant to\npart D of title IV of the federal social security act, as part of the\ninitial application for family assistance.\n
N.Y. ENV Law § 72-1009 — New York Code / Act ENV / Article 72 / Title 10 / Section 72-1009
Environmental regulatory account
Status: in_force

§ 72-1009. Environmental regulatory account.\n  1. The environmental regulatory account shall be credited with all\nmoneys received from fees and fee interest collected; all other moneys\ncollected by the department pursuant to title twenty-seven of article\ntwenty-three of this chapter, except as identified under article six of\nthe public officers law; and any other contributions or donations by the\npublic to such account.\n  2. Moneys in the account, following appropriation by the legislature,\nshall be allocated upon the certification of approval for availability\nby the director of the budget for the administration and enforcement of\ntitle twenty-seven of article twenty-three of this chapter, including\nbut not limited to monitoring, surveillance, enforcement, training,\nresearch, administration and cooperation with any federal, state or\nlocal agency.\n
N.Y. LAB Law § 640 — New York Code / Act LAB / Article 18 / Title 10 / Section 640
Prosecution and litigation
Status: in_force

§ 640. Prosecution and litigation.  The failure by any person to do\nany act required by or under the provisions of this article shall be\ndeemed an act committed in part at the office of the industrial\ncommissioner in Albany and committed in part in the place where the\nperson resides or has a place for the regular transaction of business.\nThe certificate of the industrial commissioner or deputy industrial\ncommissioner to the effect that contribution has not been paid, that a\nreport has not been filed, or that information has not been supplied, as\nrequired by or under the provisions of this article, shall be\nprima-facie evidence that such contribution has not been paid, that such\nreport has not been filed, or that such information has not been\nsupplied.\n
N.Y. VAT Law § 2130 — New York Code / Act VAT / Title 10 / Article 46 / Section 2130
Offenses relating to certificates
Status: in_force

§ 2130. Offenses relating to certificates. (a) Felonies. A person who,\nwith fraudulent intent:\n  (1) Alters, forges or counterfeits a certificate of title is guilty of\na felony;\n  (2) Alters or forges an assignment of a certificate of title, or an\nassignment or release of a security interest, on a certificate of title\nor a form the commissioner prescribes is guilty of a felony;\n  (3) Has possession of or uses a certificate of title knowing it to\nhave been altered, forged or counterfeited is guilty of a felony;\n  (4) Uses a false or fictitious name or address, or makes a material\nfalse statement, or fails to disclose a security interest, or conceals\nany other material fact, in an application for a certificate of title,\nor in any copy of an assignment and warranty of title retained and\nproduced for the purpose of negating any presumption contained in\nsubdivision seven of section twelve hundred twenty-four of this chapter,\nis guilty of a felony; or\n  (5) Produces, makes, manufactures, or reproduces any vehicle\ncertificate of origin or any certificate of title or any license plate\nor tag of any other state, district or territory, or of any foreign\ncountry; or possesses any device for producing, making, manufacturing,\nor reproducing the same is guilty of a felony.\n  (b) Misdemeanors. A person who, with fraudulent intent:\n  (1) Permits another, not entitled thereto, to use or have possession\nof a certificate of title is guilty of a misdemeanor;\n  (2) Fails to mail or deliver a certificate of title or application\ntherefor to the department within ten days after the time required by\nthis article is guilty of a misdemeanor; or\n  (3) Fails to deliver to his transferee a certificate of title within\nten days after the time required by this article is guilty of a\nmisdemeanor.\n  (c) Traffic infractions. A person who wilfully violates any provision\nof this article except as provided in subdivisions (a) and (b) is guilty\nof a traffic infraction.\n
N.Y. PBA Law § 1226-X — New York Code / Act PBA / Article 5 / Title 10 / Section 1226-X
Limited liability
Status: in_force

§ 1226-x. Limited liability. Neither the members of the governing body\nof either the water board or of the authority, nor any officer or\nemployee acting in their behalf, shall be subject to any personal\nliability resulting from the construction, maintenance or operation of\nany of the properties of either the water board or the authority or from\ncarrying out any of the powers expressly given in this title; provided,\nhowever, that this section shall not be held to apply to any independent\ncontractor.\n
N.Y. VAT Law § 2101 — New York Code / Act VAT / Title 10 / Article 46 / Section 2101
Definitions
Status: in_force

§ 2101. Definitions. Except when the context otherwise requires, as\nused in this article:\n  (a) "Dealer" means a person registered as a dealer under section four\nhundred fifteen or twenty-two hundred fifty-seven of this chapter.\n  (b) "Commissioner" includes the office and a branch office of the\ncommissioner and, when authorized to receive a document or fee as agent\nof the commissioner, the clerk of a county.\n  (c) "Identifying number" means the numbers, and letters if any, on a\nvehicle designated by the commissioner for the purpose of identifying\nthe vehicle.\n  (d) "Implement of husbandry" means a vehicle designed and adapted\nexclusively for agricultural, horticultural or livestock raising\noperations or for lifting or carrying an implement of husbandry and in\neither case not subject to registration if used upon the highways.\n  (e) "Lienholder" means a person holding a security interest in a\nvehicle.\n  (f) To "mail" means to deposit in the United States mail properly\naddressed and with postage prepaid.\n  (g) "Owner" means a person, other than a lienholder, having the\nproperty in or title to a vehicle. The term includes a person entitled\nto the use and possession of a vehicle subject to a security interest in\nanother person, but excludes a lessee under a lease not intended as\nsecurity.\n  (h) "Person" means a natural person, firm, co-partnership, association\nor corporation.\n  (i) "Pole trailer" means a vehicle without motive power designed to be\ndrawn by another vehicle and attached to the towing vehicle by means of\na reach, or pole, or by being boomed or otherwise secured to the towing\nvehicle, and ordinarily used for transporting long or irregularly shaped\nloads such as logs, poles, pipes, or structural members capable,\ngenerally, of sustaining themselves as beams between the supporting\nconnections.\n  (j) "Security agreement" means a written agreement which reserves or\ncreates a security interest.\n  (k) "Security interest" means an interest in a vehicle reserved or\ncreated by agreement and which secures payment or performance of an\nobligation. The term includes the interest of a lessor under a lease\nintended as security.  The term also includes an interest in a vehicle\npursuant to a lien arising under section two hundred eleven of the lien\nlaw and section one hundred eleven-u of the social services law.  A\nsecurity interest is "perfected" when it is valid against third parties\ngenerally, subject only to specific statutory exceptions.\n  (l) "Special mobile equipment" means a vehicle not designed for the\ntransportation of persons or property upon a highway and only\nincidentally operated or moved over a highway, which if registered would\nbe registered pursuant to schedule F of subdivision seven of section\nfour hundred one of this chapter.\n  (m) "State" means a state, territory or possession of the United\nStates, the District of Columbia, the Commonwealth of Puerto Rico, or a\nprovince of the Dominion of Canada.\n  (n) "Vehicle" means a vehicle as defined in section one hundred\nfifty-nine of this chapter except that it shall not include a device for\nwhich a registration is denied pursuant to section four hundred-a of\nthis chapter and, except with respect to section twenty-one hundred two\nof this article, shall also mean a vessel as defined in section\ntwenty-two hundred fifty of this chapter. Unless otherwise specified,\n"vehicle" also means a "mobile home" or a "manufactured home" as defined\nin section one hundred twenty-two-c of this chapter.\n
N.Y. ENV Law § 11-1005 — New York Code / Act ENV / Article 11 / Title 10 / Section 11-1005
Falconry advisory board
Status: in_force

§ 11-1005. Falconry advisory board.\n  The commissioner shall appoint a falconry advisory board of not less\nthan five members who are residents of the state and who shall serve at\nthe pleasure of the commissioner and who shall be qualified by reason of\ntheir association with state or national organizations or institutions\nwith primary interests in ornithology, falconry or wildlife\nconservation.  The duties of the falconry advisory board shall include\n(i) recommending qualifications for eligibility of applicants for\nfalconry licenses, (ii) reviewing and screening applications for\nfalconry licenses and recommending action to be taken on each\napplication, (iii) recommending the species and number of raptors which\nmay be possessed or taken from the wild by each applicant and the manner\nof such taking, and (iv) recommending falconry hunting seasons and\nregulations for various game species.\n
N.Y. PBA Law § 1232-M — New York Code / Act PBA / Article 5 / Title 10-D / Section 1232-M
Tax exemption and tax contract by the state
Status: in_force

§ 1232-m. Tax exemption and tax contract by the state. 1. It is hereby\ndetermined that the creation of the authority and the carrying out of\nits corporate purposes is in all respects for the benefit of the people\nof the state of New York and is a public purpose. Accordingly, the\nauthority shall be regarded as performing an essential governmental\nfunction in the exercise of the powers conferred upon it by this title,\nand the authority shall not be required to pay any fees, taxes, special\nad valorem levies or assessments of any kind, whether state or local,\nincluding but not limited to fees, taxes, special ad valorem levies or\nassessments on real property, franchise taxes, sales taxes or other\ntaxes, upon or with respect to any property owned by it or under its\njurisdiction, control or supervision, or upon the uses thereof, or upon\nor with respect to its activities or operations in furtherance of the\npowers conferred upon it by this title, or upon or with respect to any\nfares, tolls, rentals, rates, charges, fees, revenues or other income\nreceived by the authority.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom shall at all times be exempt from taxation.\n  3. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the authority issued pursuant\nto this title and the income therefrom and all revenues, monies, and\nother property pledged to pay or to secure the payment of such bonds\nshall at all times be free from taxation.\n
N.Y. PBA Law § 1232-S — New York Code / Act PBA / Article 5 / Title 10-D / Section 1232-S
Environmental application, proceedings, approvals and permits
Status: in_force

§ 1232-s. Environmental application, proceedings, approvals and\npermits.  1. Any application in relation to the purposes of or\ncontemplated by this title filed prior to the effective date of this\ntitle, or any proceeding commenced prior to the effective date of this\ntitle, by the county with the department of environmental conservation,\nthe department of health, the department of transportation, any other\nstate agency or instrumentality, or with the United States environmental\nprotection agency or any other federal agency or instrumentality shall\ninure to and for the benefit of the authority to the same extent and in\nthe same manner as if the authority had been a party to such application\nor proceeding from its inception, and the authority shall be deemed a\nparty thereto, to the extent not prohibited by any federal law. Any\nlicense, approval, permit or decision issued or granted pursuant to or\nas a result of any such application or proceeding shall inure to the\nbenefit of and be binding upon the authority and shall be assigned and\ntransferred by the county or any agency thereof to the authority, unless\nsuch assignment and transfer is prohibited by federal law.\n  2. All such applications, proceedings, licenses, approvals, permits\nand decisions shall further inure to and for the benefit of and be\nbinding upon any person leasing, acquiring, constructing, maintaining,\nusing or occupying any facility financed in whole or in part by the\nauthority.\n
N.Y. PBA Law § 1943 — New York Code / Act PBA / Article 8 / Title 10-B / Section 1943
Powers of the authority
Status: in_force

§ 1943. Powers of the authority.  Except as otherwise limited by this\ntitle, the authority shall have the power:\n  1. To sue and be sued.\n  2. To have a seal and alter the same at pleasure.\n  3. To borrow money and issue bonds, notes or other obligations for its\ncorporate purposes and to provide for the rights of the holders thereof.\n  4. To enter into contracts and to execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given to it in this title.\n  5. To acquire by purchase, gift, grant, transfer, contract or lease or\nby condemnation pursuant to the eminent domain procedure law, lease as\nlessee, hold, and use any property, real, personal or mixed or any\ninterest therein constituting or for use in connection with the\nauditorium, as the authority may deem necessary, convenient or desirable\nto carry out the purpose of this title and, subject to any limitations\nin any agreement entered into pursuant to this title, to sell, lease as\nlessor, transfer or otherwise dispose of any such property or interest\ntherein. In connection with the acquisition of any such property, the\nauthority may assume any obligations of the owner of such property and,\nto the extent required by the terms of any indentures or other\ninstruments under which such obligations were issued, the authority may\nassume and agree to perform covenants and observe the restrictions\ncontained in such instruments; and furthermore the owner of any property\nwhich the authority is authorized to acquire is hereby authorized to\nsell or otherwise transfer the same to the authority, whereupon the\nauthority shall become charged with the performance of all public duties\nwith respect to such property with which such owner was charged and such\nowner shall become discharged from the performance thereof.\n  6. To develop, construct, operate, maintain and manage or contract for\nthe operation, maintenance or management of, or for services to be\nperformed in connection with, the auditorium; to allow the use of the\nauditorium for the conduct of professional and amateur athletic events,\nentertainment, cultural and artistic events and, or, civic events and\nactivities related thereto; and to rent parts thereof and to grant\nconcessions, all on such terms and conditions as the authority may\ndetermine.\n  7. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans as it may deem necessary or advisable, and upon such terms and\nconditions as it may deem appropriate, and to accept, in its discretion,\nsuch licenses, permits or approvals as may be tendered to it by such\nagencies and officials.\n  8. To appoint such officers and employees as are required for the\nperformance of its duties, to fix and determine their qualifications,\nduties and compensation, and to retain or employ counsel, auditors,\nengineers and private consultants on a contract basis or otherwise for\nrendering professional or technical services and advice.\n  9. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto.\n  10. To enter upon such lands or premises as in the judgment of the\nauthority shall be necessary for the purpose of making surveys,\nsounding, boring and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done.\n  11. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof.\n  12. To make and amend by-laws for its organization and management and\nregulation of its affairs and rules and regulations governing the\nexercise of its powers and the fulfillment of its purposes under this\ntitle. A copy of such rules, regulations and by-laws, and all amendments\nthereto, duly certified by the secretary of the authority shall be filed\nin the office of the county clerk.\n  13. To enter into cooperative agreements with other authorities, with\nmunicipalities, individuals, or corporations, within or without the\nservice area, for any lawful purposes necessary or desirable to effect\nthe purposes of this title upon such terms and conditions as the\nauthority shall be determined to be reasonable.\n  14. With the consent of the chief executive officer of municipalities\nwithin the service area, to use officers and employees of such\nmunicipalities and to pay a proper portion of compensation or costs for\nthe services of such officers or employees.\n  15. To establish, fix, revise, charge, collect and enforce fees and\ncharges for the use of the auditorium so as to provide revenues which,\ntogether with other earnings of the auditorium, if any, are at least\nsufficient at all times to pay, as the same shall become due, the\nexpense of operating and maintaining the auditorium together with proper\nreserves for maintenance, contingencies and all other obligations and\nindebtedness of the authority.\n  16. To pledge its revenues and mortgage any or all of its properties\nto secure the obligations of the authority.\n  17. To establish and maintain such reserves, special funds and\naccounts, to be held in trust or otherwise, as may be required by any\nagreement with bondholders and, or, any municipality.\n  18. For the purposes of article fifteen-A of the executive law only,\nthe authority shall be deemed a state agency as that term is used in\nsuch article, and its contracts for procurement, design, construction,\nservices, and materials shall be deemed state contracts within the\nmeaning of that term as set forth in such article.\n  19. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n
N.Y. ENV Law § 11-1007 — New York Code / Act ENV / Article 11 / Title 10 / Section 11-1007
Department authority
Status: in_force

§ 11-1007. Department authority.\n  The department shall make such rules and regulations governing the\nissuance and use of falconry licenses as it shall deem proper and\nnecessary, giving due consideration to the recommendations of the\nfalconry advisory board. The department may fix by regulation special\nopen seasons for the taking of small game or upland game birds by\nfalconry. The department may revoke any falconry license and may seize\nraptors held pursuant thereto if the licensee (i) fails to provide\nproper care for the raptors in the licensee's possession, (ii) allows\nraptors in the licensee's possession to become a public nuisance, (iii)\nis convicted of or settles by civil compromise any violation of any\nprovision of this chapter or regulation of the department, or (iv) fails\nto comply with any of the terms or conditions of the falconry license.\n
N.Y. PBA Law § 1226-Z — New York Code / Act PBA / Article 5 / Title 10 / Section 1226-Z
Effect of inconsistent provisions
Status: in_force

§ 1226-z. Effect of inconsistent provisions. In so far as the\nprovisions of this title are inconsistent with the provisions of any\nother act, general or special, or of any charter, local law, ordinance\nor resolution of any municipality, the provisions of this title shall be\ncontrolling. Nothing contained in this section shall be held to\nsupplement or otherwise expand the powers or duties of the authority\notherwise set forth in this title. Except as specifically provided for\nin this title, in the performance of any of its functions, powers and\nduties, the authority shall be subject to all applicable general or\nspecial laws of the state, the county charter, and any local law,\nordinance or resolution of the county.\n
N.Y. SOS Law § 357 — New York Code / Act SOS / Article 5 / Title 10 / Section 357
Quarterly estimates
Status: in_force

§ 357. Quarterly estimates. Each social services district shall submit\nto the department quarterly estimates of its anticipated  expenditures\nfor family assistance and administrative expenses not less than thirty\ndays before  the first day of each of the quarters beginning on the\nfirst day of the months of July, October, January and April, in such\nform and together with such other information as the department may\nrequire.\n
N.Y. PBH Law § 1370-D — New York Code / Act PBH / Article 13 / Title 10 / Section 1370-D
Lead screening of child care, pre-school, pre-kindergarten or kindergarten enrollees
Status: in_force

§ 1370-d. Lead screening of child care, pre-school, pre-kindergarten\nor kindergarten enrollees. 1. Except as provided pursuant to regulations\nof the department, each child care provider, public and private nursery\nschool, pre-school, and pre-kindergarten or kindergarten licensed,\ncertified or approved by any state or local agency shall, prior to or\nwithin three months after initial enrollment of a child under six years\nof age, obtain from a parent or guardian of the child evidence that said\nchild has been screened for lead.\n  2. Whenever there exists no evidence of lead screening as provided for\nin subdivision one of this section or other acceptable evidence of the\nchild's screening for lead, the child care provider, principal, teacher,\nowner or person in charge of the nursery school, pre-school, or\npre-kindergarten or kindergarten shall provide the parent or guardian of\nthe child with information on lead poisoning in children and lead\npoisoning prevention and refer the parent or guardian to a primary care\nprovider or the local health authority.\n  3. (a) If any parent or guardian to such child is unable to obtain\nlead testing, such person may present such child to the health officer\nof the county in which the child resides, who shall then perform or\narrange for the required screening.\n  (b) The local public health district shall develop and implement a fee\nschedule for households with incomes in excess of two hundred percent of\nthe federal poverty level for lead screening pursuant to section six\nhundred six of this chapter, which shall vary depending on patient\nhousehold income.\n
N.Y. ENV Law § 21-1003 — New York Code / Act ENV / Article 21 / Title 10 / Section 21-1003
Rules and regulations
Status: in_force

§ 21-1003. Rules and regulations.\n    The department is authorized to promulgate rules and regulations\nnecessary to implement and administer this title.\n
N.Y. ENV Law § 17-1015 — New York Code / Act ENV / Article 17 / Title 10 / Section 17-1015
State petroleum bulk storage standards
Status: in_force

§ 17-1015. State petroleum bulk storage standards.\n  1. The department shall, pursuant to section 17-0303 of this article,\npromulgate rules and regulations establishing standards for existing and\nnew petroleum bulk storage facilities which shall include, but not be\nlimited to, design, equipment requirements, construction, installation\nand maintenance. In proposing, preparing and compiling such rules and\nregulations, the department shall include consideration of the future\nphysical climate risk due to sea level rise, and/or storm surges and/or\nflooding, based on available data predicting the likelihood of future\nextreme weather events, including hazard risk analysis data if\napplicable. The department shall consult with the state petroleum bulk\nstorage code advisory council in proposing, preparing and compiling such\nrules and regulations. In addition, the department shall consult with\nthe state fire prevention and building code council to assure that such\nrules and regulations are consistent with the uniform fire prevention\nand building code.\n  2. The department shall establish rules and regulations allowing\nvariances from such standards provided that it can be demonstrated to\nthe department that an alternate design, practice or method of storage\nprovides environmental protection equal to or greater than the\nrequirements of such standard.\n  3. The department shall promulgate rules and regulations establishing\ntraining requirements for operators of petroleum bulk storage\nfacilities. The department shall specify training requirements for:\n  a. persons having primary responsibility for on-site operation and\nmaintenance of storage tank systems;\n  b. persons having daily on-site responsibility for the operation and\nmaintenance of storage tank systems; and\n  c. daily, on-site employees having primary responsibility for\naddressing emergencies presented by a spill or release from a storage\ntank system.\n
N.Y. PBA Law § 1949-C — New York Code / Act PBA / Article 8 / Title 10-B / Section 1949-C
Actions against the authority
Status: in_force

§ 1949-c. Actions against the authority.  1. Except for wrongful death\nactions, no action or special proceeding shall be prosecuted or\nmaintained against the authority for personal injury or damage to real\nor personal property alleged to have been sustained by reason of the\nnegligence or wrongful act of the authority or of any member, officer,\nagent or employee thereof, unless (a) a notice of claim shall have been\nmade and served upon the authority within the time limit prescribed by\nand in compliance with section fifty-e of the general municipal law, (b)\nit shall appear by and as an allegation in the complaint or moving\npapers that at least thirty days have elapsed since the service of such\nnotice and that adjustment or payment thereof has been neglected or\nrefused, and (c) the action or special proceeding shall be commenced\nwithin one year and ninety days after the happening of the event upon\nwhich the claim is based. An action against the authority for wrongful\ndeath shall be commenced in accordance with the notice of claim and time\nlimitation provisions of title eleven of article nine of this chapter.\n  2. Wherever a notice of claim is served upon the authority, the\nauthority shall have the right to demand an examination of the claim\nrelative to the occurrence and extent of the injuries or damages for\nwhich claim is made, in accordance with the provisions of section\nfifty-h of the general municipal law.\n  3. The authority may require any person presenting for settlement an\naccount or claim for any cause whatever against the authority, to be\nsworn before a member, counsel, officer or employee of the authority\ndesignated for such purpose concerning such account or claim and, when\nso sworn, to answer orally as to any facts relative to such account or\nclaim. The authority shall have power to settle or adjust all claims in\nfavor of or against the authority.\n  4. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases, except election causes of action or cases, in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of the county.\n  5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on bonds or the authority,\nshall be the rate prescribed by section three-a of the general municipal\nlaw. Interest on payments of principal or interest on any bonds in\ndefault shall accrue at the rate or rates set forth in such bonds from\nthe due date thereof until paid or otherwise satisfied.\n
N.Y. LFN Law § 138.00 — New York Code / Act LFN / Article 2 / Title 10 / Section 138.00
Debt statement to show net indebtedness
Status: in_force

§ 138.00. Debt statement to show net indebtedness. The debt statement\nof a municipality, school district in a city or fire district shall\ninclude a statement of the total net indebtedness of such municipality,\nschool district or fire district. Such total net indebtedness shall be\ncomputed by subtracting from gross indebtedness the total of the items\nwhich may be deducted therefrom pursuant to section 136.00 of this\nchapter.\n
N.Y. PBA Law § 1944 — New York Code / Act PBA / Article 8 / Title 10-B / Section 1944
Appropriations for purposes of the authority; transfer of property to the authority; acquisition of property by municipality for authorit...
Status: in_force

§ 1944. Appropriations for purposes of the authority; transfer of\nproperty to the authority; acquisition of property by municipality for\nauthority; contracts with municipality.  1. In addition to any powers\ngranted to it by law, any municipality may, from time to time,\nappropriate by resolution sums of money for purposes of the authority to\ndefray auditorium costs or any other costs and expenses of the authority\nor to pay amounts payable or anticipated to be payable to the authority\npursuant to any agreement authorized by this title. Subject to the\nrights of bondholders, such municipality may determine if the moneys so\nappropriated shall be subject to repayment by the authority and, in such\nevent, the manner and time or times for such repayment.\n  2. Any municipality may give, grant, sell, convey, loan or license the\nuse of or lease to the authority any property, real, personal or mixed,\nwhich is useful to the authority in order to carry out its powers under\nthis title. Any such transfer of property shall be for such term and\nupon such terms and conditions, subject to the rights of bondholders, as\nthe authority and such municipality may agree, including provision for\nthe authority to assume the primary responsibility for the payment of\nany bonds or notes issued by such municipality for such property.\n  3. Notwithstanding the provisions of any other law, general, special\nor local to the contrary, real property acquired by the authority or any\nmunicipality from the state may be used for any corporate purpose of the\nauthority.\n  4. One or more municipality and/or the authority shall have the power\nto contract, from time to time, between or among themselves, in relation\nto the auditorium which contracts may include any or all of the\nfollowing provisions: (i) requiring the use by any municipality of the\nauditorium; (ii) limiting the right, including a prohibition, of any\nmunicipality to construct a facility which will serve the same, or\nsubstantially the same, function as the auditorium; (iii) requiring the\nauthority to reserve time in the auditorium to assure the availability\nto any municipality of a specified use of the auditorium; (iv) providing\nfor specified minimum periodic payments by a municipality to the\nauthority, whether or not the auditorium is actually used by the\nmunicipality, subject to such limitations, exceptions and provisions\ntherein, and (v) requiring any municipality to pay to the authority such\namounts as shall be necessary to assure the continued operation of the\nauthority. All such payments shall be determined and paid in such manner\nand at such times as may be provided in such contracts.\n  5. Any gift, grant, sale, conveyance, loan, contract or lease\nauthorized by this section may be made or entered into by any\nmunicipality and/or the authority without a public hearing being first\nheld therein and no such gift, grant, sale, conveyance, loan, contract\nor lease shall be subject to referendum, permissive or otherwise.\n  6. Notwithstanding the provisions of any law, general, special or\nlocal, or charter provision to the contrary, the city, by the\naffirmative vote of not less than a majority of the entire voting\nstrength of the board of estimate of said city, may sell or transfer, by\ndeed, lease or other arrangement, to the authority the auditorium. Any\nsuch agreement of sale or transfer shall be upon such terms and\nconditions as the governing body of said city and the authority may\nagree.\n
N.Y. ENV Law § 17-1016 — New York Code / Act ENV / Article 17 / Title 10 / Section 17-1016
Reduction of air pollution from petroleum bulk storage facilities
Status: in_force

§ 17-1016. Reduction of air pollution from petroleum bulk storage\n               facilities.\n  1. Definitions. For purposes of this section, the terms below shall\nhave the following meanings:\n  a. "Shell color" shall mean any coating on the sides or shell of a\ntank, which reduces volatile emissions.\n  b. "Roof color" shall mean any coating on the roof of a tank, which\nreduces volatile emissions.\n  c. "Tank" shall have the meaning set forth in section 17-1003 of this\ntitle except that for purposes of this section "tank" means an\nabove-ground tank, unless the department determines the tank to be\notherwise sufficiently protected against volatilization in a manner no\nless protective than subdivision two of this section, and does not\ninclude associated pipes, lines, fixtures or other ancillary equipment.\n  2. Tank coloring. a. No person shall own or operate a facility\ncontaining a tank that does not meet the color requirements of this\nsubdivision. Such color requirements shall apply to every tank at a\nfacility regardless of whether the tank is in active use for storage.\n  b. A tank shall have a shell color and roof color of either white or\nbeige/cream, or which limits volatile emissions to the same or to a\ngreater extent as a shell color and roof color of white or beige/cream,\nas determined by the department.\n
N.Y. ENV Law § 11-1001 — New York Code / Act ENV / Article 11 / Title 10 / Section 11-1001
Definitions
Status: in_force

§ 11-1001. Definitions.\n  (1) "Raptors" means all species of the orders Strigiformes and\nFalconiformes and shall include but not be limited to falcons, hawks,\nowls and eagles except the golden eagle (Aquila chrysaetor) and bald\neagle (Haliaetus leucocephalus) and all birds listed as endangered or\nthreatened pursuant to section 11-0535 of this article. However,\nproperly banded peregrine falcons which are the progeny of birds\nlawfully acquired prior to 1978 are raptors within the meaning of this\nsection. (2) "Falconry" means the sport of hunting by the use of trained\nraptors and includes the training, feeding and handling of such birds\nand their recapture after being released for hunting or training.\n
N.Y. PBA Law § 2976 — New York Code / Act PBA / Article 9 / Title 10 / Section 2976
Cost recovery on the issuance of certain bonds
Status: in_force

§ 2976. Cost recovery on the issuance of certain bonds.  1.\nNotwithstanding any other law to the contrary, public benefit\ncorporations (which for purposes of this section shall include\nindustrial development agencies created pursuant to title one of article\neighteen-A of the general municipal law or any other provision of law\nand the New York city housing development corporation created pursuant\nto article twelve of the private housing finance law) which issue bonds,\nnotes or other obligations shall pay to the state a bond issuance charge\nupon the issuance of such bonds in an amount determined pursuant to\nsubdivision two of this section. Such charge shall be paid to the state\ndepartment of taxation and finance, upon forms prescribed therefor, no\nlater than fifteen days from the end of the month within which such\nbonds are issued.\n  2. The bond issuance charge shall be computed by multiplying the\nprincipal amount of bonds issued by the percentage set forth in the\nschedule below, provided that: (a) the charge applicable to the\nprincipal amount of single family mortgage revenue bonds shall be seven\none-hundredths of one percent; (b) the issuance of bonds shall not\ninclude the remarketing of bonds; and (c) the issuance of bonds shall\nnot include the refunding of bonds, notes or other obligations.\n                                SCHEDULE\nPrincipal Amount of Bonds Issued             Percentage Charge\na. $20,000,000 or less                           0%\nb. More than $20,000,000                         .35%\n  3. The provisions of subdivisions one and two of this section shall\nnot apply to any public benefit corporation which enters into a contract\nor agreement with the director of the budget which otherwise provides\nfor cost recovery to the state under this section and includes a\nprovision that, in accordance with this subdivision, subdivisions one\nand two of this section shall not apply to such public benefit\ncorporation. The circumstances for the entry into such contract or\nagreement may include, but shall not be limited to, those where the\namount to be paid thereunder equals or exceeds the amount of the bond\nissuance charge which would otherwise be applicable pursuant to\nsubdivisions one and two of this section.\n  4. The provisions of subdivisions one and two of this section shall\nnot apply to recovery act bonds issued by the state of New York\nmunicipal bond bank agency in connection with local American Recovery\nand Reinvestment Act pursuant to section two thousand four hundred\nthirty-six-b of this chapter.\n
N.Y. ELN Law § 5-1000 — New York Code / Act ELN / Article 5 / Title 10 / Section 5-1000
Joining a multistate voter list maintenance organization
Status: in_force

§ 5-1000. Joining a multistate voter list maintenance organization.\nThe state board of elections shall join the state as a member in one or\nmore multistate voter list maintenance organizations including, but not\nlimited to, the electronic registration information center or its\nsuccessor. The state board of elections shall expend funds for\nmembership fees, dues and other expenses related to such membership.\n
N.Y. ENV Law § 72-1007 — New York Code / Act ENV / Article 72 / Title 10 / Section 72-1007
Disposition of fees
Status: in_force

§ 72-1007. Disposition of fees.\n  All fees collected pursuant to this title shall be paid into the\nmiscellaneous special revenue fund, to the credit of the mined land\nreclamation program account. Moneys in such account shall be kept\nseparately from and shall not be commingled with any other moneys in the\njoint or sole custody of the state comptroller.\n
N.Y. PBA Law § 1226-S — New York Code / Act PBA / Article 5 / Title 10 / Section 1226-S
Actions against water board and authority
Status: in_force

§ 1226-s. Actions against water board and authority. 1. Except in an\naction for wrongful death, no action or special proceeding shall be\nprosecuted or maintained against either the water board or the authority\nor their members, officers or employees for personal injury or damage to\nreal or personal property alleged to have been sustained by reason of\nthe negligence, tort or wrongful act of either the water board or the\nauthority or of any member, officer, agent or employee thereof, unless\n(a) a notice of claim shall have been made and served upon the water\nboard or the authority, as the case may be, within the time limit\nprescribed by and in compliance with section fifty-e of the general\nmunicipal law, (b) it shall appear by and as an allegation in the\ncomplaint or moving papers that at least thirty days have elapsed since\nthe service of such notice and that adjustment or payment thereof has\nbeen neglected or refused, and (c) the action or special proceeding\nshall be commenced within one year and ninety days after the happening\nof the event upon which the claim is based. An action against the board\nor authority for wrongful death shall be commenced in accordance with\nthe notice of claim and time limitation provisions of title eleven of\narticle nine of this chapter.\n  2. Wherever a notice of claim is served upon the water board or the\nauthority, the water board or the authority, as the case may be, shall\nhave the right to demand an examination of the claim relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The water board or the authority, as the case may be, may require\nany person presenting for settlement an account or claim for any cause\nwhatever against the water board or the authority, to be sworn before a\nmember, counsel, officer or employee of the water board or the authority\ndesignated for such purpose concerning such account or claim and, when\nso sworn, to answer orally as to any facts relative to such account or\nclaim. The water board or the authority, as the case may be, shall have\npower to settle or adjust all claims in favor of or against the water\nboard or the authority, as the case may be.\n  4. Any action or proceeding to which the authority, water board or the\npeople of the state may be parties, in which any question arises as to\nthe validity of this title, shall be preferred over all other civil\ncauses of action or cases, except election causes of action or cases, in\nall courts of the state and shall be heard and determined in preference\nto all other civil business pending therein except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of the county.\n  5. The rate of interest to be paid by the water board or the authority\nupon any judgment for which it is liable, other than a judgment on bonds\nof the authority, shall be the rate prescribed by section five thousand\nfour of the civil practice law and rules. Interest on payments of\nprincipal or interest on any bonds in default shall accrue at the rate\nor rates set forth in such bonds from the due date thereof until paid or\notherwise satisfied.\n
N.Y. LFN Law § 130.00 — New York Code / Act LFN / Article 2 / Title 10 / Section 130.00
Application of title
Status: in_force

§ 130.00 Application of title.  This title shall apply only to\nmunicipalities, school districts and fire districts which are required\nto file a debt statement pursuant to section 109.00 of this chapter.\n
N.Y. PBA Law § 1940 — New York Code / Act PBA / Article 8 / Title 10-B / Section 1940
Short title
Status: in_force

§ 1940. Short title.  This title shall be known and may be cited as\nthe "Upper Mohawk Valley memorial auditorium authority act."\n