N.Y. PBA Law § 1279-C — New York Code / Act PBA / Article 5 / Title 11 / Section 1279-C
The office of legislative and community input
Status: in_force

§ 1279-c. The office of legislative and community input. 1. The\nchairperson of the authority shall establish the office of legislative\nand community input for the purpose of communicating information to, and\nreceiving comments, concerns and recommendations from, members of the\nlegislature, and members of the permanent citizens advisory committee to\nthe authority, as defined in section twelve hundred sixty-six-i of this\nchapter, on the following:\n  (a) the operations of the rapid transit, omnibus and commuter rail\nline facilities of the authority including, but not limited to:\n  (i) the quality of service provided on any rapid transit, omnibus, and\ncommuter rail line or route;\n  (ii) the frequency of operating service on the authority's mass\ntransit facilities;\n  (iii) the maintenance and condition of the authority's mass transit\nfacilities including, but not limited to, rapid transit and commuter\nrail stations, railcars, buses, rail lines, fare collection systems and\nsound systems; and\n  (iv) proposed service changes, including any reductions or expansion\nof services, as it relates to the authority's mass transit facilities;\nand\n  (b) any proposed, submitted and/or approved capital program plan, its\ncomponents, elements and projects, and associated expenditures. Any such\ncomments, concerns and recommendations relating to the capital program\nplan, its components, elements and projects, and associated expenditures\nshall be taken into consideration in the development of the current and\neach successive capital program plan and/or any amendment to such plan.\n  2. The office shall establish a process to ensure timely notification\nof the receipt of, and response to, comments, concerns, and\nrecommendations by members of the legislature or members of the\npermanent citizens advisory committee to the authority.\n  3. The chair and office shall prepare a report containing the\nfollowing information:\n  (a) a compilation of the comments, concerns, and recommendations\nreceived by the office;\n  (b) how these comments, concerns or recommendations were or will be\naddressed, such as the authority's response by the incorporation or\ninitiation of system and operational adjustments, improvements or\nexpansions if applicable; and\n  (c) how these comments, concerns or recommendations were or will be\naddressed, such as the authority's response by changing or amending the\ncapital plan, as well as providing status updates on the progress of\nsuch plan.\n  4. Such report shall on a biannual basis, commencing September first,\ntwo thousand nine, be submitted to the governor, the temporary president\nof the senate and the speaker of the assembly, be posted on the\nauthority's website and also be made readily available to the public.\n
N.Y. SOS Law § 364-G — New York Code / Act SOS / Article 5 / Title 11 / Section 364-G
Medical assistance capitation rate demonstration project
Status: in_force

* § 364-g. Medical assistance capitation rate demonstration project.\n1. The department and the county of Monroe are authorized to participate\nin the "Monroe County Medicap Plan" research and demonstration project,\nfor the purpose of testing the feasibility of converting from a fee for\nservice payment system to a capitation payment system as a means of\nfinancing health care services for medicaid recipients residing in\nMonroe county.\n  2. The department shall undertake the research and demonstration\nproject authorized by this section only if it has determined that there\nis a reasonable expectation that the total cost of benefits under such\nproject would be less than the total cost of benefits if the project was\nnot in effect.\n  3. Expenditures made in connection with the research and demonstration\nproject authorized by this section shall be subject to state\nreimbursement in accordance with a schedule of reimbursable amounts\napproved by the department, the department of health and the director of\nthe budget.\n  4. The department shall, in a manner to be decided upon by the\ncommissioner, determine what portion of the total expenditures made\nunder the research and demonstration project authorized by this section\nare attributable to the provision of the services specified in paragraph\n(g) of subdivision one of section three hundred sixty-eight-a of this\ntitle, and shall ensure that the increased state reimbursement available\nfor such services shall be provided.\n  5. Notwithstanding any inconsistent provision of this chapter or any\nother law to the contrary, the commissioner may, subject to the approval\nof the director of the budget, apply for appropriate waivers of federal\nlaw and regulation, and shall be authorized to waive any provisions of\nsections three hundred sixty-six, three hundred sixty-seven-b and three\nhundred sixty-eight-a of this title and accompanying regulations of the\ndepartment, consistent with waivers approved by the federal department\nof health and human services, when such action would be necessary to\nassist in promoting the objectives of this section; provided, however,\nthat in the event that the research and demonstration project authorized\nby this section requires a waiver of article twenty-eight or forty-four\nof the public health law or accompanying regulations of the department\nof health, the project shall be conducted jointly with the department of\nhealth, and the commissioner of health may waive such provisions of the\npublic health law or department of health regulations with the approval\nof the commissioner and the director of the budget.\n  6. Every person eligible for or receiving medical assistance who\nresides in the county of Monroe shall participate in the demonstration\nproject authorized by this section except for good cause as defined by\nthe commissioner in regulation.\n  7. Notwithstanding any inconsistent provisions of this section,\nparticipation in the project authorized by this section shall not affect\na recipient's medical assistance eligibility or the scope of available\nmedical services to which he or she is entitled.\n  8. The department and the county of Monroe shall jointly submit to the\ngovernor and the legislature a long term care capitation implementation\nplan by March thirty-first, nineteen hundred eighty-five.\n  9. Providers participating in the research and demonstration project\nauthorized by this section shall submit reports to the commissioner, at\nsuch times as he may require, evaluating the results of such project.\n  10. The department shall submit to the governor and the legislature an\ninterim report and a final report evaluating the project's impact on\nmedicaid costs, access to services, quality of services rendered and any\nother subjects which the commissioner shall deem relevant. The interim\nreport shall be due January first, nineteen hundred eighty-six and the\nfinal report shall be due at the conclusion of the project.\n  11. This section shall be effective if, and as long as, federal\nfinancial participation is available for expenditures made for the\nproject conducted pursuant to the provisions of this section.\n  * NB Expired March 31, 1988 per sub 11\n
N.Y. PBA Law § 1299-GG — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-GG
Acquisition and disposition of real property by department of transportation
Status: in_force

* § 1299-gg. Acquisition and disposition of real property by\ndepartment of transportation. If funds are made available by the\nauthority for the payment of the cost and expense of the acquisition\nthereof, the department of transportation of the state of New York, when\nrequested by the authority, may acquire such real property in the name\nof the state as may be determined from time to time by the authority as\nbeing necessary, convenient or desirable to effectuate the purposes of\nthis title, may remove the owner or occupant thereof where necessary and\nobtain possession and, when requested by the authority, may dispose of\nany real property so acquired, all according to the procedure provided\nin section thirty of the highway law. The authority shall have the right\nto possess and use for its corporate purposes all such real property so\nacquired. Claims for the value of the property appropriated and for\nlegal damages caused by any such appropriation shall be adjusted and\ndetermined by such department with the approval of the authority or by\nthe court of claims as provided in section thirty of the highway law.\nWhen a claim has been filed with the court of claims, the claimant shall\ncause a copy of such claim to be served upon the authority and the\nauthority shall have the right to be represented and heard before such\ncourt. All awards and judgments arising from such claims shall be paid\nout of moneys of the authority. No real property may be acquired\npursuant to the provisions of this section for purposes other than a\ntransportation facility unless the governing body of the city, village\nor town in which such real property is located shall first consent to\nsuch acquisition.\n  * NB There are 2 § 1299-gg's\n
N.Y. PBA Law § 1279-H — New York Code / Act PBA / Article 5 / Title 11 / Section 1279-H
Debarment
Status: in_force

§ 1279-h. Debarment. The authority shall establish, pursuant to\nregulation, a debarment process for contractors of the authority that\nprohibits such contractors from bidding on future contracts, after a\ndebarment determination by such authority, for a period of five years\nfrom such determination. Such regulations must ensure notice and an\nopportunity to be heard before such debarment determination and provide\nas a defense acts such as force majeure. Such regulations shall only\nprovide for a debarment in situations involving a contractor's failure\nto substantially complete the work within the time frame set forth in\nthe contract, or in any subsequent change order, by more than ten\npercent of the contract term; or where a contractor's disputed work\nexceeds ten percent or more of the total contract cost where claimed\ncosts are deemed to be invalid pursuant by the contractual dispute\nresolution process.\n
N.Y. ENV Law § 71-1123 — New York Code / Act ENV / Article 71 / Title 11 / Section 71-1123
Enforcement of section 15-2133
Status: in_force

§ 71-1123. Enforcement of section 15-2133.\n  1. Any neglect of the provisions of section 15-2133 by any officer or\nperson in charge of any reservoir shall be a violation punishable by a\nfine of not more than one thousand dollars, and in addition thereto, by\na civil penalty of not more than fifteen hundred dollars.\n  2. Any person violating the provisions of subdivision 3 of section\n15-2133 shall be guilty of a violation punishable by a fine of not more\nthan one thousand dollars, and in addition thereto, shall be liable for\na civil penalty of not more than fifteen hundred dollars.\n
N.Y. PBA Law § 1299-SS — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-SS
Agreements relating to payment in lieu of taxes
Status: in_force

§ 1299-ss. Agreements relating to payment in lieu of taxes. To the end\nthat municipal corporations, counties and school districts may not\nsuffer undue loss of taxes or assessments:\n  If the authority acquires property for non-transportation purposes\n(e.g. for future transportation purposes but not to be so used\nimmediately) the authority except as hereinafter provided, shall pay to\nthe participating county and/or city, town or school district where the\nproperty is located, annually, in lieu of taxes, a sum equal to the sum\nlast paid as taxes upon the property prior to the time of its\nacquisition by the authority.  Should such property be subsequently\ndeveloped and improved but still remain unused for transportation\npurposes, it shall during such period of disuse for transportation be\nsubject to assessment, at the prevailing method of determining\nassessments, by the county and/or city and/or school district and the\nauthority shall, based on such assessment, annually, in lieu of taxes,\npay to the county and/or city and/or school district an amount fixed by\nit.\n  If the authority acquires property for transportation purposes but\nsubsequently uses such property for non-transportation purposes, then\nthe authority shall be required, except as hereinafter provided, to pay\nannually in lieu of taxes to the participating county and/or city and/or\nschool district wherein such property is located, an amount equal to the\nsum which the said county and/or city and/or school district would\nordinarily be imposed as taxes, pursuant to the prevailing method of\ndetermining assessments.\n  Properties acquired by the authority for transportation and used as\nsuch, shall not be subject to the payment of any taxes except that the\nauthority shall pay such property special benefit assessments on the\nproperty if it is located in an existing special benefit district.\n
N.Y. PBA Law § 1328 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1328
Central New York regional transportation authority
Status: in_force

§ 1328. Central New York regional transportation authority.  1. (a)\nThere is hereby created the central New York regional transportation\nauthority. The authority shall be a body corporate and politic\nconstituting a public benefit corporation. It shall consist of not more\nthan twelve members, including a chairman and shall have one non-voting\nmember as described in paragraph (b) of this subdivision. At least one\nvoting member shall be a transit dependent individual who shall be\nappointed by the governor. If a vacancy occurs for such transit\ndependent individual member position, a replacement shall be appointed\nwithin six months, subject to the same appointment process within this\nparagraph. The members shall be appointed by the governor by and with\nthe advice and consent of the senate. The governor shall make initial\nappointments to the authority in such number and from lists submitted as\nfollows: three members shall be appointed to the authority from a list\nof not less than six names, submitted to the governor by the common\ncouncil of the city of Syracuse, five members from a list of not less\nthan ten names, submitted by the legislature of the county of Onondaga\nand two members shall be appointed from a list of not less than four\nnames submitted by the legislature of the county of Oneida. Other\ncounties electing to participate shall each submit to the governor a\nlist of not less than two persons for each one hundred thousand or major\nfraction of the total population, as determined by the nineteen hundred\nseventy or any subsequent federal decennial or federal county-wide\nspecial census, of the counties outside the county of Onondaga which\nshall elect to participate, from which number the governor shall appoint\none member for each one hundred thousand or major fraction of the total\npopulation, as determined by such federal decennial or federal\ncounty-wide special census, with a maximum of three members to represent\nsuch counties outside the county of Onondaga so electing to participate.\nIn addition to the members specified above, the governor shall appoint a\ntransit dependent individual as a voting member who resides within a\ncounty within the district. Any local or statewide transit advocacy\norganization may recommend one or more transit dependent individuals to\nbe considered for appointment pursuant to this section.\n  (b) The non-voting member of the authority, who shall not be\nconsidered in determining a quorum, shall be recommended to the governor\nby the labor organization representing the plurality of the employees\nwithin the authority. The non-voting member shall be appointed for a\nterm of seven years, provided, however, that if at any time during the\nterm of appointment the non-voting member ceases to be affiliated with\nthe labor organization representing the plurality of employees within\nthe authority, then such labor organization may at any time during such\nterm recommend a new member to the governor who shall serve the\nremainder of the term. If the local bargaining unit decertifies its\nexisting union affiliation and certifies a new union, the union which\nrepresents the plurality of the employees may recommend a new member to\nthe governor who shall serve the remainder of the term. The chairman of\nthe authority, at his or her discretion, may exclude such non-voting\nmember from attending any portion of a meeting of the authority or of\nany committee held for the purpose of discussing negotiations with labor\norganizations, pending litigation involving the labor organization, or\nthe investigation, evaluation, or discipline of an employee.\n  2. The members of the authority shall continue in office until their\nsuccessors are appointed and shall have qualified. One member\nrecommended by the common council of the city of Syracuse and one member\nrecommended by the legislature of the county of Onondaga shall be\nappointed for terms ending July thirty-first, nineteen hundred\nseventy-five; one member recommended by the common council of the city\nof Syracuse and two members recommended by the legislature of the county\nof Onondaga shall be appointed for terms ending July thirty-first,\nnineteen hundred seventy-six; and one member recommended by the common\ncouncil of the city of Syracuse and two members recommended by the\nlegislature of the county of Onondaga shall be appointed for terms\nending July thirty-first, nineteen hundred seventy-seven. The member (or\nmembers) who is (or are) recommended by the other county legislatures or\nboard of supervisors shall be appointed for a term (or terms) of seven\nyears, but all terminating on the thirty-first day of July of the\nseventh year. Thereafter, upon expiration of the term of a member of the\nauthority a successor shall be appointed by the governor for a term\nexpiring seven years after the expiration of the term of his\npredecessor. If a vacancy shall occur by reason of death,\ndisqualification, resignation or removal of a member, the successor\nshall be appointed by the governor for the unexpired term. Persons\nsucceeding members recommended by the appropriate legislative bodies of\nthe city of Syracuse and the counties of Onondaga and Oneida on the\nauthority shall be appointed by the same procedure as the original\nappointments. The same procedure shall be followed for the filling of\nvacancies of members appointed from other counties. Members of the\nauthority shall, before entering upon the duties of their office, take\nthe constitutional oath of office and file the same in the office of the\nsecretary of state.\n  3. The members of the authority shall not receive a salary or other\ncompensation when rendering service as a member, but each member shall\nbe entitled to reimbursement of actual and necessary expenses incurred\nin the performance of his or her official duties.\n  4. A majority of the whole number of members of the authority shall\nconstitute a quorum for the transaction of business or the exercise of\nany power of the authority. Except as otherwise specified in this act,\nfor the transaction of any business or the exercise of any power of the\nauthority, the authority shall have power to act by a majority of the\nmembers present at any meeting at which a quorum is in attendance.\n  5. The authority shall organize by the selection from its members of a\nchairman, vice-chairman and secretary. It shall adopt such rules as it\nmay deem necessary and proper for the government of its own proceedings,\nand shall keep a record of such proceedings.\n  6. The authority shall be a "state agency" for the purposes of\nsections seventy-three and seventy-four of the public officers law.\n  7. Notwithstanding any inconsistent provision of this or any other\nlaw, general, special or local, no officer or employee of the state, or\nof any public corporation as defined in the general corporation law,\nshall be deemed to have forfeited or shall forfeit his office or\nemployment or any benefits provided under the retirement and social\nsecurity law or under any public retirement system maintained by the\nstate or any of its subdivisions by reason of his acceptance of\nmembership on or chairmanship of the authority; provided, however, a\nmember or chairman who holds such other public office or employment\nshall be entitled to reimbursement for his actual and necessary expenses\nincurred in the performance of such services.\n  8. The governor may remove any member for inefficiency, neglect of\nduty or misconduct in office after giving him a copy of the charges\nagainst him and an opportunity to be heard, in person or by counsel in\nhis defense, upon not less than ten days' notice. If any member shall be\nso removed, the governor shall file in the office of the department of\nstate a complete statement of charges made against such member, and his\nfindings thereon, together with a complete record of the proceedings.\n  9. The authority shall continue so long as it shall have bonds or\nother obligations outstanding and until its existence shall be\nterminated by law. Upon the termination of the existence of the\nauthority, all its rights and properties shall pass to and be vested in\nthe state.\n  10. Each of the counties that elect to become participating members of\nthe transportation district may do so by resolution adopted by a\nmajority of the membership of its governing body and such election by a\ncounty shall take effect upon the filing of a duly certified copy of\nsuch resolution with the authority and with the secretary of state, and\nthe mailing of a certified copy thereof to the county clerk of each\ncounty which is granted the power of election under the provisions of\nthis act.\n
N.Y. PBA Law § 1273 — New York Code / Act PBA / Article 5 / Title 11 / Section 1273
Remedies of noteholders and bondholders
Status: in_force

§ 1273. Remedies of noteholders and bondholders. 1. In the event that\nthe authority shall default in the payment of principal of or interest\non any issue of notes or bonds after the same shall become due, whether\nat maturity or upon call for redemption, and such default shall continue\nfor a period of thirty days, or in the event that the authority shall\nfail or refuse to comply with the provisions of this title or shall\ndefault in any agreement made with the holders of any issue of notes or\nbonds, the holders of twenty-five per centum in aggregate principal\namount of the notes or bonds of such issue than outstanding, by\ninstrument or instruments filed in the office of the clerk of any county\nin which the authority operates and has an office and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such notes or bonds for the purposes\nherein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such notes or bonds then\noutstanding shall, in his or its own name:\n  (a) by suit, action or proceeding in accordance with the civil\npractice law and rules, enforce all rights of the noteholders or\nbondholders, including the right to require the authority to collect\nfares, tolls, rentals, rates, charges and other fees adequate to carry\nout any agreement as to, or pledge of, such fares, tolls, rentals,\nrates, charges and other fees and to require the authority to carry out\nany other agreements with the holders of such notes or bonds and to\nperform its duties under this title;\n  (b) bring suit upon such notes or bonds;\n  (c) by action or suit, require the authority to account as if it were\nthe trustee of an express trust for the holders of such notes or bonds;\n  (d) by action or suit, enjoin any acts or things which may be unlawful\nor in violation of the rights of the holders of such notes or bonds;\n  (e) declare all such notes or bonds due and payable, and if all\ndefaults shall be made good, then, with the consent of the holders of\ntwenty-five per centum of the principal amount of such notes or bonds\nthen outstanding, to annul such declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders or noteholders in the enforcement and\nprotection of their rights.\n  4. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of such noteholders or bondholders.\nThe venue of any such suit, action or proceeding shall be laid in the\ncounty in which the instrument or instruments are filed in accordance\nwith subdivision one of this section.\n  5. Before declaring the principal of notes or bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\ngovernor, to the authority, to the comptroller and to the attorney\ngeneral of the state.\n
N.Y. VAT Law § 2265 — New York Code / Act VAT / Title 11 / Article 48-A / Section 2265
Equipment, inspection and insurance
Status: in_force

§ 2265. Equipment, inspection and insurance. 1. Equipment.  Unless\notherwise prescribed by regulation of the commissioner, a limited use\nautomobile shall be subject to the equipment requirements of this\nchapter which are applicable to a passenger motor vehicle. Unless\notherwise prescribed by regulation of the commissioner, a limited use\nmotorcycle shall be subject to the equipment requirements which are\napplicable to a motorcycle.  The operator of a limited use motorcycle\nshall be subject to the requirements of subdivisions six and seven of\nsection three hundred eighty-one of this chapter, except that the\nrequirements of subdivisions six and seven of section three hundred\neighty-one of this chapter shall not be applicable to the operator of a\nclass C limited use motorcycle. The commissioner may, by regulation,\nprovide for different equipment requirements for different classes of\nlimited use motorcycles.  As far as practicable, such regulations, if\npromulgated by the commissioner, shall be consistent with federal motor\nvehicle safety standards established for similar vehicles. No person\nshall operate a limited use vehicle on the public highways of this state\nin violation of the provisions of this section or regulations\npromulgated by the commissioner thereunder.\n  2. Inspection. (a) Limited use automobiles and class A limited use\nmotorcycles shall be subject to the inspection requirements of article\nfive of this chapter. The commissioner may, by regulation, provide for\ndifferent inspection procedures for different types of limited use\nautomobiles.\n  (b) Class B and class C limited use motorcycles shall be exempt from\nany inspection requirements.\n  3. Insurance. The provisions of articles six, seven and eight of this\nchapter shall be applicable to limited use vehicles, except that the\nprovisions of article six of this chapter shall not apply to class C\nlimited use motorcycles.\n
N.Y. PBA Law § 1337 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1337
Agreement of the state
Status: in_force

§ 1337. Agreement of the state. The state does hereby pledge to and\nagree with the holders of any notes or bonds issued under this title,\nthat the state will not limit or alter the rights hereby vested in the\nauthority to fulfill the terms of any agreements made with the holders\nthereof, or in any way impair the rights and remedies of such holders\nuntil such notes or bonds, together with the interest thereon, with\ninterest on any unpaid installments of interest, and all costs and\nexpenses for which the authority is liable in connection with any action\nor proceeding by or on behalf of such holders, are fully met and\ndischarged. The authority is authorized to include this pledge and\nagreement of the state in any agreement with the holders of such notes\nor bonds.\n
N.Y. PBA Law § 1299-VV — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-VV
Consent by the state
Status: in_force

§ 1299-vv. Consent by the state. The commissioner of general services\nshall have power, in his discretion, from time to time to transfer and\nconvey to the authority, or to one or more participating counties for\nthe use of the authority, and for such consideration and upon such terms\nand conditions as may be determined by him to be paid to the state,\nunappropriated state lands, abandoned canal lands and lands under water\nwhich the authority shall certify to be necessary or desirable for the\ncorporate purposes of the authority.\n
N.Y. ENV Law § 71-1129 — New York Code / Act ENV / Article 71 / Title 11 / Section 71-1129
Emergencies excepted
Status: in_force

§ 71-1129. Emergencies excepted.\n  The civil liabilities imposed upon persons violating the provisions of\narticle 15, except section 15-1713, shall not be construed to include\nany violation which was caused by an act of God, war, strike, riot or\nother catastrophe as to which negligence or willful misconduct on the\npart of such person was not the proximate cause.\n
N.Y. PBA Law § 1348 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1348
Effect of inconsistent provisions
Status: in_force

§ 1348. Effect of inconsistent provisions. Insofar as the provisions\nof this title are inconsistent with the provisions of any other law,\ngeneral, special or local, the provisions of this title shall be\ncontrolling.\n
N.Y. PBA Law § 1321 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1321
Consent by the state
Status: in_force

§ 1321. Consent by the state. The commissioner of general services\nshall have power, in his discretion, from time to time to transfer and\nconvey to the authority, or to one or more participating counties for\nthe use of the authority, and for such consideration as may be\ndetermined by him to be paid to the state, unappropriated state lands\nand lands under water which the authority shall certify to be necessary\nor desirable for the corporate purposes of the authority.\n
N.Y. VAT Law § 2222 — New York Code / Act VAT / Title 11 / Article 47 / Section 2222
Registration
Status: in_force

§ 2222. Registration. 1. Except as hereinafter provided, no person\nshall operate any snowmobile within the state unless: (a) such\nsnowmobile has been registered and numbered in accordance with the\nprovisions of this article, and the registration number for such\nsnowmobile is in full force and effect as hereinafter provided; and (b)\nthe registration number for such snowmobile is displayed as hereinafter\nprovided.\n  2. The commissioner is authorized to register a snowmobile, issue a\nregistration certificate and assign a registration number to such\nsnowmobile. All such registrations shall be valid until the thirty-first\nday of August following the date of such registration; except that\nregistrations issued between the first day of April and the thirty-first\nday of August, inclusive, shall be valid until the thirty-first day of\nAugust in the following year; and unless, prior to expiration of the\nperiod of registration, it is surrendered, cancelled, revoked or\nsuspended pursuant to the provisions of this article.\n  3. A number once assigned under this section shall remain with the\nregistered snowmobile until the snowmobile is destroyed, abandoned or\npermanently removed from the state, or until changed or terminated by\nthe commissioner.\n  4. Fees. Fees for registration of snowmobiles, to be collected by the\ncommissioner under this article, are as follows:\n  (a) A fee of ten dollars for each individual resident registration.\n  (b) A fee of ten dollars for each individual nonresident registration.\n  (c) A fee of fifty dollars for each two-year dealer registration.\n  (d) A fee of five dollars for each additional dealer demonstrator\nregistration number.\n  (e) A fee of one dollar for replacement of a lost, mutilated or\ndestroyed certificate.\n  * (f) A fee of five dollars for each individual resident and\nnon-resident registration of a snowmobile manufactured more than thirty\nyears prior to the current calendar year.\n  * NB Effective December 31, 2028\n  * 4-a. Additional fee. In addition to the other fees provided for in\nparagraphs (a), (b) and (c) of subdivision four of this section the\ncommissioner shall, upon application in such cases for the registration\nof a snowmobile or the renewal thereof, collect the annual one hundred\ntwenty-five dollar fee for residents and one hundred twenty-five dollar\nfee for nonresidents or a fifty-five dollar fee for residents and\nfifty-five dollar fee for nonresidents who provide proof, at the time of\nregistration, that such individual is a member of an organized New York\nstate snowmobile club that is a member of the New York state snowmobile\nassociation or is a member of an organized New York state snowmobile\nclub that is a trail maintenance entity and a member of the New York\nstate snowmobile association which are imposed by section 21.07 of the\nparks, recreation and historic preservation law. In the event that an\nindividual seeking snowmobile club membership is unable, for any reason,\nto secure such club membership, he or she may contact the New York state\nsnowmobile association, who shall secure such membership for such\nperson. This fee shall also be collected from dealers at the time of\noriginal registration and at the time of each renewal. The commissioner\nshall effectuate regulations regarding what is required as proof of\nmembership in an organized New York state snowmobile club that is a\ntrail maintenance entity and a member of the New York state snowmobile\nassociation for the purposes of this subdivision.\n  * NB Effective until December 31, 2028\n  * 4-a. Additional fee. (a) In addition to the other fees provided for\nin paragraphs (a), (b) and (c) of subdivision four of this section the\ncommissioner shall, upon application in such cases for the registration\nof a snowmobile or the renewal thereof, collect the annual one hundred\ntwenty-five dollar fee for residents and one hundred twenty-five dollar\nfee for nonresidents or a fifty-five dollar fee for residents and\nfifty-five dollar fee for nonresidents who provide proof, at the time of\nregistration, that such individual is a member of an organized New York\nstate snowmobile club that is a member of the New York state snowmobile\nassociation or is a member of an organized New York state snowmobile\nclub that is a trail maintenance entity and a member of the New York\nstate snowmobile association which are imposed by section 21.07 of the\nparks, recreation and historic preservation law. In the event that an\nindividual seeking snowmobile club membership is unable, for any reason,\nto secure such club membership, they may contact the New York state\nsnowmobile association, who shall secure such membership for such\nperson. This fee shall also be collected from dealers at the time of\noriginal registration and at the time of each renewal.\n  (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, in addition to the other fees provided for in paragraphs\n(a), (b), (c) and (f) of subdivision four of this section, the\ncommissioner shall, upon application in such cases for the registration\nof a snowmobile manufactured more than thirty years prior to the current\ncalendar year or the renewal thereof, collect the annual one hundred\ntwenty-five dollar fee for residents and one hundred twenty-five dollar\nfee for nonresidents or a twenty dollar fee for residents and twenty\ndollar fee for nonresidents who provide proof, at the time of\nregistration, that such individual is a member of an organized New York\nstate snowmobile club that is a member of the New York state snowmobile\nassociation or is a member of an organized New York state snowmobile\nclub that is a trail maintenance entity and a member of the New York\nstate snowmobile association which are imposed by section 21.07 of the\nparks, recreation and historic preservation law. In the event that an\nindividual seeking snowmobile club membership is unable, for any reason,\nto secure such club membership, such person may contact the New York\nstate snowmobile association, who shall secure such membership for such\nperson.\n  (c) The commissioner shall effectuate regulations regarding what is\nrequired as proof of membership in an organized New York state\nsnowmobile club that is a trail maintenance entity and a member of the\nNew York state snowmobile association for the purposes of this\nsubdivision.\n  * NB Effective December 31, 2028\n  5. Application. The owner of each snowmobile requiring registration\nunder this section shall present an application for registration to the\ncommissioner, on a blank to be prepared and furnished by the\ncommissioner for that purpose. Such application shall contain or be\naccompanied by such evidence of the ownership of the snowmobile\ndescribed in the application as may be required by the commissioner.\n  6. Dealers. Any person who is a dealer shall register as a dealer. The\ncommissioner, upon receipt of an application and the required fee, shall\nassign a distinctive dealer registration number to the registrant and\nissue an appropriate registration certificate to him and assign two\ndealer demonstrator registration numbers and upon the payment of the\nappropriate fee, such additional numbers as shall be requested. Dealer\nregistrations and dealer demonstrator registration numbers shall not be\ntransferable.\n  7. Renewal. After payment of the registration fees as provided in\nsubdivisions four and four-a of this section, every owner of a\nsnowmobile shall renew his or her registration annually on or before\nSeptember first of each year and every dealer shall renew his or her\nregistration biennially in such form and manner as the commissioner\nshall prescribe. If a dealer registration is issued for a period of more\nor less than two years, the fee for such registration shall be prorated\non a monthly basis.\n  * 8. The validating date tag. At the time of the original registration\nand at the time of each annual renewal thereof, the commissioner shall\nalso issue to said registrant a date tag or tags indicating the validity\nof the current registration and the expiration date thereof, which\nvalidating date tag or tags should be affixed to the snowmobile in such\nmanner as the commissioner may prescribe. Notwithstanding the fact that\na snowmobile has been assigned an identifying number, it shall not be\nconsidered as validly registered within the meaning of this section\nunless a validating date tag and current registration certificate have\nbeen issued.\n  * NB Effective until December 31, 2028\n  * 8. The validating date tag. At the time of the original registration\nand at the time of each annual renewal thereof, the commissioner shall\nalso issue to said registrant a date tag or tags indicating the validity\nof the current registration and the expiration date thereof, which\nvalidating date tag or tags should be affixed to the snowmobile in such\nmanner as the commissioner may prescribe. Notwithstanding the fact that\na snowmobile has been assigned an identifying number, it shall not be\nconsidered as validly registered within the meaning of this section\nunless a validating date tag and current registration certificate have\nbeen issued. The commissioner may develop a vintage design for the date\ntag or tags issued to a snowmobile manufactured more than thirty years\nprior to the current calendar year.\n  * NB Effective December 31, 2028\n  9. Denial of current registration. In the event that a snowmobile\nsought to be registered or re-registered does not, after inspection and\ntesting, comply with the provisions respecting equipment established by\nsection 25.17 of the parks and recreation law or by the regulations of\nthe commissioner promulgated pursuant to this title, the commissioner\nmay deny the issuance of a validating date tag and current certificate\nof registration.\n  10. Snowmobiles owned by governmental agencies. A registration number\nshall be assigned, without payment of a fee, for snowmobiles owned by\ngovernmental agencies, or by volunteer organizations if used exclusively\nfor emergency purposes, provided that each such snowmobile shall display\nthe proper registration number assigned to it.\n  11. Exemption. No registrations shall be required for the following\ndescribed snowmobiles:\n  (a) Snowmobiles owned and used by the United States.\n  (b) Snowmobiles covered by a valid registration or license of another\nstate, province or country, as provided in subdivision twelve of this\nsection.\n  (c) Snowmobiles operated on lands owned by the owner of such\nsnowmobile, or on lands to which such owner has a contractual right\nother than as a member of a club or association provided (i) the\nsnowmobile is not operated elsewhere within the state, and (ii) no\nconsideration, either direct or indirect, is paid to the owner of the\nsnowmobile with respect to such operation.\n  12. Out of state snowmobile registration. The registration provisions\nof this article shall apply to non-resident owners of snowmobiles used\nin New York state as provided for by the commissioner except when their\nsnowmobile is used on trails which proceed along a New York state border\nand which, occasionally as dictated by the terrain, cross into another\nstate, in which such snowmobile is registered; such cross border trails\non which nonresident owned snowmobiles may proceed without New York\nstate registration shall be designated by the state commissioner of the\noffice of parks, recreation and historic preservation as provided in\nsection 25.04 of the parks, recreation and historic preservation law and\nhe shall publish such trail designation in the New York state register\nand other publications accessible to the snowmobiling public. Such\nnon-resident registration applications shall be made available at the\nplace of business of all registered dealers and by mail from the\ndepartment. Nothing in this subdivision shall be construed to authorize\nthe operation of any snowmobile contrary to the provisions of this\narticle.\n  13. State aid. The Lake George park commission shall be entitled to\nreceive state aid in an amount relating to the percentage of fees\ncollected under this section that can be estimated to be attributed to\nsnowmobile use within the Lake George park. The amount of such aid shall\nbe annually determined by the commissioner of parks, recreation and\nhistoric preservation and the director of the budget.\n  14. Registration at time of sale. Snowmobiles sold by dealers shall be\nregistered at the time of sale of such snowmobile. Such registration\nshall be valid until the thirty-first day of August following the date\nof such sale; provided however that snowmobiles sold after April first\nof each year shall be issued a registration valid until the thirty-first\nday of August in the year following that in which the snowmobile is\nsold. Snowmobiles purchased to be used in accordance with paragraph (c)\nof subdivision eleven of this section or for use exclusively outside of\nthe state of New York shall not require registration at the time of\npurchase, and the purchaser of such snowmobile shall sign a declaration,\nprovided by the dealer, which shall state that such purchaser\nunderstands the conditions under which a snowmobile must be registered\nand the penalty for violation of such registration provisions; the form\nof such declaration shall be provided by the commissioner to each dealer\nand shall be forwarded to the commissioner.\n
N.Y. VAT Law § 2413 — New York Code / Act VAT / Title 11 / Article 48-C / Section 2413
Accidents; reports
Status: in_force

§ 2413. Accidents; reports. 1. The operator of any ATV involved in any\naccident resulting in injuries to or death of any person or in which\nproperty damage in the estimated amount of six hundred dollars or more\nis sustained, shall immediately notify the nearest law enforcement\nagency and shall within ten days after such accident report the matter\nin writing to the department, with a copy thereof to the sheriff or\npolice commissioner of the county in which said accident occurred. If\nsuch operator is physically incapable of making such report and there is\nanother participant in the accident not so incapacitated such\nparticipant shall make the report within the allotted time after such\naccident. In the event that there is no other participant and the\noperator is other than the owner, then the owner shall within the\nprescribed period of time, after learning of the facts of such accident,\nreport the matter to the department, together with such information as\nmay have come to his knowledge relating to such accident. Every such\noperator of an ATV, or participant of any such accident, or the owner,\nof the ATV involved in any such accident, shall make such other and\nadditional reports as the commissioner shall require.\n  2. Whenever any ATV meets with an accident involving a loss of life,\npersonal injury or damage to property and the operator thereof has\nknowledge of such accident, he shall stop and give his name and address,\nthe name and address of the owner thereof and the registration number\nassigned to said ATV to the injured person or the person sustaining the\ndamage, or to a peace or police officer. In the event the person\nsustaining the damage is not present at the place where the damage\noccurred, the operator shall, as soon as physically able, report the\nsame to the nearest law enforcement agency.\n  3. A peace, police, or judicial officer who investigates or receives\ninformation of an accident involving an ATV shall make a written report\nof the investigation or information received, and such additional facts\nrelating to the accident as may come to his knowledge and mail the same\nwithin forty-eight hours to the department and keep a record thereof in\nhis office.\n  4. Failure of any person to report an accident as herein provided or\nfailure to give correctly the information required of him by the\ncommissioner in connection with such report shall be a misdemeanor and\nshall constitute a ground for suspension or revocation of the ATV safety\ncertificate of any person or the certificate of registration of any ATV\ninvolved in the accident. The commissioner may temporarily suspend the\nATV safety certificate of the person failing to make such report or the\ncertificate of registration of the ATV involved in the accident until\nsuch report has been filed.\n
N.Y. ENV Law § 21-1109 — New York Code / Act ENV / Article 21 / Title 11 / Section 21-1109
Budget
Status: in_force

§ 21-1109. Budget.\n  The interstate commission on the Lake Champlain basin shall submit\nannually to the Director of the Budget, in accordance with the rules and\npractice of the state, for study and consideration by such Director, an\nestimate of moneys required to administer, manage and support, the\ncommission during the ensuing fiscal year. Such estimate shall include\nany request for appropriation of funds by New York and shall be\naccompanied by a tabulation of similar requests which the commission\nexpects to make to each other member and the formula or factors upon\nwhich such respective requests are based.\n
N.Y. LFN Law § 150.00 — New York Code / Act LFN / Article 2 / Title 11 / Section 150.00
Two per centum limitation on housing or urban renewal indebtedness
Status: in_force

§ 150.00. Two per centum limitation on housing or urban renewal\nindebtedness. a. To effectuate any of the purposes of article eighteen\nof the state constitution as implemented by the public housing law and\nany other laws, any city, town or village may contract indebtedness to\nan amount which shall not exceed two per centum of the average assessed\nvaluation of such city, town or village.\n  b. The power of a town or a village of less than five thousand\npopulation as determined by the last federal census to contract\nindebtedness pursuant to this section shall be subject to the\nlimitations on the power to contract indebtedness set forth in section\n104.00 of this chapter.\n  c. A city or a village having a population of five thousand or more as\ndetermined by the last federal census shall have the power to contract\nindebtedness, for the purposes set forth in paragraph a of this section,\nin excess of the debt limitations prescribed in section 104.00 of this\nchapter. If the indebtedness is charged to the debt limit provided in\nparagraph a of this section, such city or village shall annually levy\none or more of the taxes enumerated in article six of the public housing\nlaw, to an extent sufficient to provide for the payment of the principal\nof and interest on any such indebtedness.\n  d. This section shall not apply to housing or urban renewal purposes\n(i) to the extent that the legislative power to authorize the\ncontracting of indebtedness therefor is derived from sections two and\nfour of article eight of the constitution or from any other provision of\nthe constitution outside of article eighteen or (ii) to the extent that\nthere is a sufficient margin of debt contracting power to cover\nindebtedness for housing or urban renewal purposes contracted pursuant\nto article eighteen of the constitution within the debt limit\nestablished by section four of article eight of the constitution unless\nthe finance board shall elect to charge such outstanding indebtedness or\nany part thereof against the debt limit provided in this section.\n
N.Y. GOB Law § 5-1105 — New York Code / Act GOB / Article 5 / Title 11 / Section 5-1105
Written promise expressing past consideration
Status: in_force

§ 5-1105. Written promise expressing past consideration. A promise in\nwriting and signed by the promisor or by his agent shall not be denied\neffect as a valid contractual obligation on the ground that\nconsideration for the promise is past or executed, if the consideration\nis expressed in the writing and is proved to have been given or\nperformed and would be a valid consideration but for the time when it\nwas given or performed.\n
N.Y. PBA Law § 1266-B — New York Code / Act PBA / Article 5 / Title 11 / Section 1266-B
Medical emergency services plan; implementation on Long Island Rail Road
Status: in_force

§ 1266-b. Medical emergency services plan; implementation on Long\nIsland Rail Road. 1. a. The authority in consultation with the Long\nIsland Rail Road is hereby authorized and directed to implement a\ncomprehensive medical emergency services program, including an emergency\nresponse protocol, not later than September first, two thousand five,\nfor the benefit of persons utilizing transportation and other related\nservices of the Long Island Rail Road. Such program shall include but\nnot be limited to provision for the following: The training of\ndesignated employees in first aid, emergency techniques and procedures,\nhandling and positioning of stricken commuters, knowledge of procedures\nand equipment used for respiratory and cardiac emergencies and an\nemergency response protocol for all employees.\n  b. Such program and plan shall be submitted to the temporary president\nof the senate, the speaker of the assembly and the governor on or before\nSeptember first, two thousand five, and shall be updated as necessary.\nThe authority will issue an annual report on or before April first of\neach year beginning April first, two thousand six, which will include\ncurrent updates, descriptions of medical emergencies, responses and\noutcomes since the most recent report, information regarding training of\npersonnel, analysis of the current plan and any recommendations for\nimproving the program.\n  2. Notwithstanding any inconsistent provision of any general, special\nor local law, a designated employee employed upon facilities of the Long\nIsland Rail Road who has been trained in first aid, emergency techniques\nand procedures, handling and positioning of stricken commuters, and the\napplicable procedures and equipment used for respiratory and cardiac\nemergencies who voluntarily and without the expectation of monetary\ncompensation renders any of the foregoing treatment in an emergency to a\ncommuter upon facilities of the Long Island Rail Road who is\nunconscious, ill or injured shall not be liable for damages for injuries\nalleged to have been sustained by such commuter or for damages for the\ndeath of such commuter alleged to have occurred by reason of an act or\nomission in the rendering of such treatment in an emergency unless it is\nestablished that such injuries were or such death was caused by gross\nnegligence on the part of such designated employee.\n
N.Y. VAT Law § 2261 — New York Code / Act VAT / Title 11 / Article 48-A / Section 2261
Registration
Status: in_force

§ 2261. Registration. 1. Except as hereinafter provided, no person\nshall operate any limited use vehicle on a public highway or street\nwithin this state unless such limited use vehicle has been registered in\naccordance with the provisions of this article, and the registration for\nsuch limited use vehicle is in full force and effect and the\nregistration number plate or plates are displayed as hereinafter\nprovided.\n  2. A certificate of registration issued pursuant to this article shall\nindicate that the registration is limited to use as provided in section\ntwenty-two hundred sixty-two of this chapter. No application for\nregistration shall be accepted unless the applicant is at least sixteen\nyears of age.\n  3. Fees. (a) The fees for the registration, renewal, reregistration or\namendment or duplicate of a registration of a limited use automobile\nshall be the same fees as if such vehicle were registered pursuant to\nsection four hundred one of this chapter.\n  (b) The annual fee for the registration, renewal, reregistration or\namendment or duplicate of a registration of a limited use motorcycle\nshall be six dollars and twenty-five cents. Any such registration,\nrenewal, or reregistration shall take effect and expire on dates to be\ndetermined by the commissioner. A fee for a registration for periods of\nmore or less than one year shall not be prorated.\n  4. Carrying certificate. Every person operating a limited use vehicle\nregistered in accordance with any of the provisions of this article,\nshall, upon the demand of any magistrate, police officer, peace officer,\nwhen acting pursuant to his special duties, or motor vehicle hearing\nofficer produce for inspection the certificate of registration for such\nlimited use vehicle and shall furnish to such person any information\nnecessary for the identification of such limited use vehicle and its\nowner. The failure to produce the certificate of registration as\nprovided herein shall not be an offense, but shall be presumptive\nevidence of operating a limited use vehicle which is not registered as\nrequired by this article.\n  5. Out-of-state limited use vehicle registration. The registration\nprovisions of this article shall not apply to a non-resident who has\nregistered his limited use vehicle in compliance with the registration\nor licensing laws of the state, province or country of his residence,\nprovided that the limited use vehicle so registered in accordance with\nthe laws of the state, province or country of residence of such owner is\nappropriately identified by an identification plate, sticker or other\nidentifying device issued by such state, province or country.\n  6. Registration at time of sale. Every limited use motorcycle, as\ndefined by section one hundred twenty-one-b of this chapter, sold by a\ndealer shall be registered at the time of sale of such vehicle. Such\nregistration shall take effect and expire on dates to be determined by\nthe commissioner. Any limited use motorcycle purchased for use\nexclusively outside of the state of New York shall not require\nregistration at the time of purchase, and the purchaser of such limited\nuse motorcycle shall sign a declaration, provided by the dealer, which\nshall state that such purchaser understands the conditions under which a\nlimited use motorcycle must be registered and the penalty for violation\nof such registration provisions. Each signed declaration shall be\nforwarded by the dealer to the commissioner. The form of such\ndeclaration shall be provided by the commissioner to each dealer.\n
N.Y. PBA Law § 1279 — New York Code / Act PBA / Article 5 / Title 11 / Section 1279
Metropolitan transportation authority inspector general
Status: in_force

§ 1279. Metropolitan transportation authority inspector general. 1.\nThere is hereby created in the metropolitan transportation authority an\noffice of metropolitan transportation authority inspector general. The\ninspector general shall be appointed by the governor with the advice and\nconsent of the senate. The inspector general shall, prior to his\nappointment, have had at least ten years experience in the management of\ntransportation services, in auditing and investigation of governmental\noperations, or in services related to management and productivity\nimprovement. The term of office of the inspector general shall be five\nyears from the effective date of appointment, and he shall serve at the\npleasure of the governor. The salary of the inspector general shall be\ndetermined by the authority board.\n  2. The inspector general shall annually submit to the board of the\nmetropolitan transportation authority a budget request for the operation\nof the office. If the board disapproves any portion of such request and\nthe commissioner of transportation determines such disapproval to be\nunreasonable, such commissioner shall withhold from payments due such\nauthority, the amount so determined to be unreasonable and transfer such\namount to the office of the metropolitan transportation authority\ninspector general.\n  3. The inspector general shall have full and unrestricted access to\nall records, information, data, reports, plans, projections, matters,\ncontracts, memoranda, correspondence and any other materials of the\nauthority and its subsidiaries, the Long Island railroad, metro-north\nrailroad, metropolitan suburban bus authority and Staten Island rapid\ntransit operating authority, of the Triborough bridge and tunnel\nauthority, and of the New York city transit authority and its\nsubsidiary, the Manhattan and Bronx surface transit operating authority,\nor any other agency that may come under the control of the authority, or\nwithin their custody or control.\n  4. The inspector general, notwithstanding the provisions of title nine\nof this article and this title, and of title three of article three,\nshall have the following functions, powers and duties:\n  (a) to receive and investigate complaints from any source or upon his\nown initiative concerning alleged abuses, frauds and service\ndeficiencies, including deficiencies in the maintenance and operation of\nfacilities, relating to the authority and its subsidiaries as listed in\nsubdivision two above, the Triborough bridge and tunnel authority and\nthe New York city transit authority and its subsidiary;\n  (a-1) to receive and investigate complaints from any source, or upon\nhis or her own initiative, concerning allegations of corruption, fraud,\nuse of excessive force, criminal activity, conflicts of interest or\nabuse by any police officer under the jurisdiction of the office of the\nmetropolitan transportation authority and promptly inform the division\nof criminal justice services, in the form and manner as prescribed by\nthe division, of such allegations and the progress of investigations\nrelated thereto unless special circumstances require confidentiality.\nNothing in this paragraph shall require the division of criminal justice\nservices to participate in the investigation of such allegations or take\naction or prevent the division of criminal justice services from taking\naction authorized pursuant to subdivision three of section eight hundred\nforty-five of the executive law in the time and manner determined by the\ncommissioner of the division of criminal justice services.\n  (b) to initiate such reviews as he may deem appropriate of the\noperations of the authority and its subsidiaries as listed in\nsubdivision two above, the Triborough bridge and tunnel authority, or\nthe New York city transit authority and its subsidiary, in order to\nidentify areas in which performance might be improved and available\nfunds used more effectively;\n  (c) to recommend remedial actions to be taken by the authority and its\nsubsidiaries as listed in subdivision two of this section, the\nTriborough bridge and tunnel authority, and the New York city transit\nauthority and its subsidiary, to overcome or correct operating or\nmaintenance deficiencies and inefficiencies that he determines to exist;\n  (d) to make available to appropriate law enforcement officials\ninformation and evidence which relate to criminal acts that he may\nobtain in carrying out his duties;\n  (e) to subpoena witnesses, administer oaths or affirmations, take\ntestimony and compel the production of such books, papers, records and\ndocuments as he may deem to be relevant to any inquiry or investigation\nundertaken pursuant to this section and to delegate such powers to a\nduly authorized deputy inspector general;\n  (f) to monitor the implementation by the authority and its\nsubsidiaries, the Triborugh bridge and tunnel authority and the New York\ncity transit authority and its subsidiary of recommendations made by the\ninspector general or other audit agencies; and\n  (g) to do all things necessary to carry out the functions, powers and\nduties set forth in this section.\n  5. The inspector general shall cooperate, consult and coordinate with\nthe state public transportation safety board with regard to any activity\nconcerning the operations of the metropolitan transportation authority.\nWith respect to any accident on the facilities of the metropolitan\ntransportation authority, the primary responsibility for investigation\nshall be that of the board which shall share its findings with the\nmetropolitan transportation authority inspector general.\n  6. The inspector general shall make annual public reports on his\nfindings and recommendations. Such a report shall be filed in the office\nof the governor and with the legislature on or before the first day of\nFebruary for the preceding year. The metropolitan transportation\nauthority and its applicable constituent agencies shall prepare a\nresponse to the annual report and to any and all other final reports\nmade by the inspector general within thirty days of receipt, which time\nmay be extended by the inspector general in his discretion, indicating\nwhether such authority intends to implement the recommendations in such\nreports, and, if not, why not. In addition, the metropolitan\ntransportation authority and its applicable constituent agencies shall\ngive quarterly reports to the inspector general outlining the status of\neach of the recommendations made by the inspector general in his final\nreports. Copies of all of these reports shall be sent to the governor,\nthe temporary president of the senate, the speaker of the assembly, the\nchairman of the senate transportation committee, the chairman of the\nsenate finance committee, the chairman of the assembly corporations,\nauthorities and commissions committee and the chairman of the assembly\nways and means committee.\n  7. To effectuate the purposes of this section, the inspector general\nmay request from any department, board, bureau, commission, office or\nother agency of the state, or of any of its political subdivisions, such\ncooperation, assistance, services and data as will enable him to carry\nout his functions, powers and duties hereunder, and they are authorized\nand directed to provide said cooperation, assistance, services and data.\n
N.Y. PBA Law § 1269-C — New York Code / Act PBA / Article 5 / Title 11 / Section 1269-C
Metropolitan transportation authority capital program review board; additional powers and duties
Status: in_force

§ 1269-c. Metropolitan transportation authority capital program review\nboard; additional powers and duties. a. The metropolitan transportation\nauthority capital program review board, consisting of voting and\nnon-voting members shall (1) monitor the progress of the capital\nelements described in each plan approved as provided in section twelve\nhundred sixty-nine-b of this title; (2) monitor the expenditures\nincurred and to be incurred for each such element; (3) identify capital\nelements not progressing on schedule; (4) ascertain responsibility\ntherefor; and (5) recommend those actions required or appropriate to\naccelerate their implementation. The authority shall consult with the\nboard upon its request and provide it with access to the records of the\nauthority relating to such capital elements.\n  b. The authority shall submit to the review board within sixty days\nafter the end of each calendar year (1) the actual commitments for the\ncapital plan for the previous calendar year compared to planned\ncommitments by capital element; (2) expenditures by funding source for\neach capital element in the previous calendar year; and (3) the proposed\nfunding of capital elements in a plan for the current calendar year by\nfunding source. Such submission shall be certified by the chairman of\nthe authority and shall be entered into the permanent record of the\nminutes of the review board.\n  c. On or before October first, two thousand twenty-three, and on or\nbefore October first of every fifth year thereafter, the authority shall\nsubmit to the metropolitan transportation authority capital program\nreview board a twenty-year capital needs assessment. Such assessment\nshall begin with the period commencing January first, two thousand\ntwenty-five, and begin each assessment with every fifth year thereafter,\nand describe capital investments over the succeeding twenty years. Such\nassessment shall: (1) set forth broad long-term capital investments to\nbe made throughout the district; and (2) establish a non-binding basis\nto be used by the authority in the planning of strategic investments\ninvolving capital elements in its five-year capital plans. Such\nassessment shall not require a vote of the metropolitan transportation\nauthority capital program review board and shall be for informational\npurposes only. For purposes of this section, "broad long-term capital\ninvestments" shall include but not be limited to: system rebuilding,\nenhancement, and expansion needs; agency needs broken down by capital\nelement or investment category; and projected future trends and network\nimplications. Such assessment shall be certified by the chairman of the\nauthority and shall be entered into the permanent record of the minutes\nof the review board.\n
N.Y. SOS Law § 367-P*2 — New York Code / Act SOS / Article 5 / Title 11 / Section 367-P*2
Payment for limited home care services agencies
Status: in_force

* § 367-p. Payment for limited home care services agencies. 1.\nNotwithstanding any law to the contrary, the commissioner shall, subject\nto the approval of the director of the budget, establish rates of\npayment for services provided by limited home care services agencies,\nlicensed by the department of health pursuant to section thirty-six\nhundred five of the public health law, to eligible individuals who are\nresidents of adult homes and enriched housing programs certified by the\ndepartment in accordance with article seven of this chapter. Services\nfor which reimbursement shall be available are personal care services\nprovided directly by the agency and authorized and provided in\naccordance with the rules and regulations of the department; and the\nadministration of medications and application of sterile dressings by a\nregistered nurse provided, however, that the services provided by such\nagency are not services that must be provided to residents of such\nfacilities pursuant to article seven of this chapter.\n  2. Notwithstanding any law to the contrary, a limited home care\nservices agency licensed by the department of health shall be reimbursed\nat a rate that is significantly less than the current costs of providing\nsuch services through a personal care provider or certified home health\nagency in the same service area.\n  3. For purposes of this section, an eligible individual means an\nindividual who is eligible for medical assistance, as determined by the\nappropriate social services district, which has also determined that\nsuch individual has a medical need for services and that such\nindividual's needs can safely and appropriately be met by the limited\nhome care services agency in the adult home or enriched housing program.\n  4. Prior to authorizing payment for services provided to an eligible\nindividual by a limited home care services agency, the appropriate\nsocial services district must determine that the service proposed to be\nprovided by such agency is cost-effective in comparison to other\navailable and appropriate service delivery options available in the\ndistrict.\n  5. The commissioner of health shall establish rates of payment for\nservices provided pursuant to this section by November fifteenth,\nnineteen hundred ninety-seven.\n  * NB Expires June 30, 2027\n  * NB There are 2 § 367-p's\n
N.Y. SOS Law § 364-KK — New York Code / Act SOS / Article 5 / Title 11 / Section 364-KK
Condition of Participation
Status: in_force

§ 364-kk. Condition of Participation. 1. Notwithstanding any provision\nof law to the contrary, in addition to the requirements for\nparticipation in the medical assistance program as may be required to be\nmet by nursing facilities and assisted living programs, such facilities\nand programs, adult homes and enriched housing programs receiving\npayment under this chapter shall enter into arrangements with social\nservices districts to admit, on a priority basis, a number of\nindividuals eligible to have medical assistance paid on their behalf who\nare otherwise appropriate for nursing facility or other long-term\nresidential care, as described in this section, and whose health and\nsafety reasonably cannot be maintained in their own homes by the\nprovision of personal care services, home health services, or other home\nand community-based services, as determined by the local social services\nofficial pursuant to standards promulgated by the department pursuant to\nsection three hundred sixty-seven-m of this chapter.\n  2. The department shall by regulation establish a method or formula\nfor determining a fair and equitable distribution of priority admissions\nunder this section in order that all providers of nursing home and\nlong-term residential care services share the responsibility for\naccepting placements required under subdivision one hereof, and accept\nsuch placements, and that no one provider of nursing facility or\nlong-term residential care, group or classification thereof is required\nto accept a number of such placements as would jeopardize the\nprofitability or viability of such provider, group of providers or\nclassification of providers, or as would otherwise unduly burden or\nimpair the operation, character or continuation of such provider, group\nof providers, or classification of provider.\n  3. The commissioners of health and social services shall monitor the\nimplementation of this section and, on or before March first, nineteen\nhundred ninety-six, report to the governor and legislature on such\nimplementation and the effects thereof and shall include recommendations\nfor continuation or other modifications to the provisions of this\nsection.\n
N.Y. PBA Law § 1596-B — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-B
Definitions
Status: in_force

§ 1596-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. The term "authority" shall mean the corporation created by section\nfifteen hundred ninety-six-c of this title;\n  2. The term "city" shall mean the city of Yonkers;\n  3. The term "bonds" shall mean the bonds authorized in this title;\n  4. The term "board" shall mean the members of the authority;\n  5. The term "real property" shall mean lands, structures, franchises,\nand interest in lands, and any and all things usually included within\nthe said term, and includes not only fees simple absolute but also any\nand all lesser interests, such as easements, rights of way, uses,\nleases, licenses, and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms of years,\nand liens thereon by way of judgments, mortgages or otherwise, and also\nclaims for damage to real estate;\n  6. The term "project" shall mean any area or place operated or to be\noperated by the authority for the parking or storing of motor and other\nvehicles and shall, without limiting the foregoing, include all real and\npersonal property, driveways, roads, approaches, structures, terminals\nof all kinds, garages, meters, mechanical equipment, and all\nappurtenances and facilities either on, above or under the ground which\nare used or usable in connection with such parking or storing of such\nvehicles;\n  7. The term "projects" shall mean more than one project.\n
N.Y. PBA Law § 1596-H — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-H
Moneys of the authority
Status: in_force

§ 1596-h. Moneys of the authority. All moneys of the authority shall\nbe paid to the comptroller of the city as agent of the authority, who\nshall not commingle such moneys with any other moneys. Such moneys shall\nbe deposited in a separate bank account or accounts. The moneys in such\naccounts shall be paid out by the comptroller of the city on requisition\nof the chairman of the authority or of such other person or persons as\nthe authority may authorize to make such requisitions after audit by the\ncomptroller of the city. All deposits of such moneys shall, if required\nby the comptroller of the city or the authority, be secured by\nobligations of the United States or of the state of New York of a market\nvalue equal at all times to the amount of the deposit, and all banks and\ntrust companies are authorized to give such security for such deposits.\nThe comptroller of the city and his legally authorized representatives\nare authorized and empowered from time to time to examine the accounts\nand books of the authority, including its receipts, disbursements,\ncontracts, leases, sinking funds, investments and any other records and\npapers relating to its financial standing.  The authority shall have\npower, notwithstanding the provisions of this section, to contract with\nthe holders of any of its bonds as to the custody, collection, securing,\ninvestment and payment of any moneys of the authority or any moneys held\nin trust or otherwise for the payment of bonds or in any way to secure\nbonds, and to carry out any such contract notwithstanding that such\ncontract may be inconsistent with the previous provisions of this\nsection. Moneys held in trust or otherwise for the payment of bonds or\nin any way to secure bonds and deposits of such moneys may be acquired\nin the same manner as moneys of the authority, and all banks and trust\ncompanies are authorized to give such security for such deposits. The\naccounts of the authority shall be subject to the supervision of the\nstate comptroller. The authority shall render a complete account of its\nproceedings to the common council at such time or times as requested to\ndo so by said common council.\n
N.Y. SOS Law § 367-D — New York Code / Act SOS / Article 5 / Title 11 / Section 367-D
Personal care need determination
Status: in_force

* § 367-d. Personal care need determination. The commissioner shall\nannually determine the statewide need for personal care services for all\nrecipients except for those receiving personal care services pursuant to\nsection three hundred sixty-seven-c of this article and for those\nrecipients who are receiving personal care services and residing in\nfamily care homes or community residences as defined in subdivision\ntwenty-eight-a of section 1.03 of the mental hygiene law certified by\nthe office of mental health and the office of mental retardation and\ndevelopmental disabilities. In determining such need the commissioner\nshall consider such factors as the population characteristics, poverty\nlevels, the availability of informal support and other health care\nresources, related demographic data, and such other factors the\ncommissioner deems pertinent for this purpose. The need for personal\ncare services, as used in this section, shall be expressed in hourly\nunits of service and the total number of personal care service units\nestablished pursuant to this section shall be allocated to each social\nservices district on the same basis as the statewide need is determined.\nSuch allocations shall be in effect for the period April first through\nMarch thirty-first of the following year and shall be made available to\neach social services district prior to April first of each year, except\nthat during calendar year nineteen hundred eighty-three, such\nallocations shall be made available within thirty days after enactment\nof this section but no earlier than April first. Within thirty days of\nreceipt of a written request to the department made by a local social\nservices commissioner the department shall provide all documentation\nused as the basis for determining aggregate statewide as well as their\nindividual district allocations determined pursuant to this section.\n  * NB Expired March 31, 1985\n
N.Y. PBA Law § 1265-B — New York Code / Act PBA / Article 5 / Title 11 / Section 1265-B
Metropolitan transportation authority small business mentoring program
Status: in_force

* § 1265-b. Metropolitan transportation authority small business\nmentoring program. 1. Definitions. As used in this section, unless the\ncontext requires otherwise: (a) "authority" means the metropolitan\ntransportation authority and its subsidiaries consisting of the Long\nIsland rail road company, Metro-North commuter railroad company,\nmetropolitan suburban bus authority, Staten Island rapid transit\noperating authority, MTA bus, MTA capital construction company, and\nfirst mutual transportation assurance company, and its affiliates\nconsisting of the New York City transit authority, triborough bridge and\ntunnel authority, and Manhattan and Bronx surface transit operating\nauthority;\n  (b) "chairman" means the chairman of the authority and its\nsubsidiaries and affiliates;\n  (c) "small business" means a business in the construction trades which\n(i) is independently owned and operated; (ii) has annual revenues not\nexceeding a fiscal limitation of ten million dollars or such lesser\namount as established by the authority pursuant to these provisions; and\n(iii) meets additional criteria as otherwise established by the chairman\nin consultation with the members of the MTA small business mentoring\nprogram advisory committee. The chair of the committee shall be the\nchief diversity officer of the MTA. The authority shall establish a\ndetailed definition in general and specific to different segments of the\nconstruction industry to the extent necessary to reflect differing\ncharacteristics of such segments based on the criteria used by the\nUnited States small business administration for loans to small\nbusinesses as set forth in Sections 121.301 through 121.305, or for\nawarding government procurements as set forth in Sections 121.401\nthrough 121.413, of Subpart A of Part 121 of Chapter I of Title 13 of\nthe Code of Federal Regulations as amended, and such other criteria as\ndetermined by the authority;\n  (d) "small business mentoring program" is a program established by the\nauthority pursuant to these provisions to provide small businesses\naccepted into the program with the opportunity:\n  (i) for up to five years, to compete for and, where awarded, to\nperform certain authority public work contracts to be designated by the\nauthority for inclusion in this program under this subparagraph, with\nthe assistance of an authority-provided mentor, which shall be a firm\ncompetitively selected by the authority that has extensive construction\nmanagement and mentoring experience, with the mentor to provide the\nsmall business with advice and assistance in competing for and managing\nauthority public work contracts; and\n  (ii) for a small business mentoring program participant which the\nauthority has determined has successfully completed the program under\nsubparagraph (i) of this paragraph, for up to five additional years, (A)\nadditional opportunities to compete with other designated small\nbusinesses in the program for certain public work contracts to be\ndesignated for inclusion under this subparagraph and, where awarded, to\nperform such authority public work contracts, with the further\nassistance of an authority-provided mentor, which shall be a firm\ncompetitively selected by the authority that has extensive construction\nmanagement and mentoring experience, with the mentor to provide the\nsmall business with advice and technical assistance in competing for and\nmanaging authority public work contracts, and (B) authority-provided\nassistance, as determined by the authority, for such a small business to\nobtain bonding for public work contracts that are competitively awarded\npursuant to provisions of law other than this section.\n  (e) "small business mentoring program contract" means a non-federally\nfunded, unless authorized by the applicable federal funding agency,\nauthority public work contract designated by the authority, in an\nestimated amount of not more than one million five hundred thousand\ndollars for contracts under subparagraph (i) of paragraph (d) of this\nsubdivision and five million dollars for contracts under subparagraph\n(ii) of paragraph (d) of this subdivision, for which bids or proposals\nare to be invited and accepted only from businesses that are enrolled in\nthe small business mentoring program and have been selected by the\nauthority to compete for the contract.\n  2. Small business mentoring program. (a) Pursuant to these provisions,\nthe authority may establish a small business mentoring program. In\nconnection therewith, the authority may determine the criteria pursuant\nto which a small business shall be eligible for and selected to\nparticipate in the program under subparagraphs (i) and (ii) of paragraph\n(d) of subdivision one of this section, the number of participants to\nparticipate in each such components of the program, the criteria for the\ncompetitive selection of the firms that will provide small businesses\nwith mentoring services, the assignment of a mentor to a specific small\nbusiness in the small business mentoring program, and the funding for\nthe program.\n  (b) Under the small business mentoring program, the chairman or the\nchairman's designee is authorized, notwithstanding any other provision\nof law:\n  (i) to designate which eligible public work contracts shall be small\nbusiness mentoring program contracts under subparagraphs (i) and (ii) of\nparagraph (d) of subdivision one of this section, respectively;\n  (ii) to establish standards for qualifying small business mentoring\nprogram participants to compete for a small business mentoring program\ncontract, provided that no less than three qualified small businesses in\nthe program must submit responsive offers to perform the contract;\n  (iii) to determine when bids or proposals for a small business\nmentoring program contract should be restricted to small business\nmentoring program participants which, prior to the receipt of bids or\nproposals, have been qualified by the authority for such competition;\n  (iv) to competitively select, designate and contract with one or more\nexperienced construction management firms that, under the general\nsupervision of the authority, will provide mentoring services to the\nsmall businesses participating in the small business mentoring program,\nand to assign such mentors one or more designated small businesses\nparticipating in the program;\n  (v) for small business mentoring program contracts, except as set\nforth herein, to waive requirements for the solicitation and award of a\npublic work contract pursuant to sections twelve hundred nine, twelve\nhundred sixty-five-a and twenty-eight hundred seventy-nine of this\nchapter and any other provision of law;\n  (vi) to assist only small business mentoring program participants that\nhave been awarded small business mentoring program contracts to obtain\nany surety bond or contract of insurance required of them in connection\nwith such contract only notwithstanding any provision of section two\nthousand five hundred four of the insurance law to the contrary; and\n  (vii) for small businesses that have been accepted into the small\nbusiness mentoring program under subparagraph (ii) of paragraph (d) of\nsubdivision one of this section, in addition to the benefits of such\nprogram and notwithstanding any other provision of law, to provide\ntechnical assistance in obtaining bid, payment and performance bonding\nfor authority public work contracts that are not small business\nmentoring program contracts, for which the small business is otherwise\nqualified.\n  3. Withdrawal of designation of small business mentoring program\ncontracts. (a) If the total number of qualified small business mentoring\nprogram participants that respond to a competition and are considered\ncapable of meeting the specifications and terms of the invitation to\ncompete is less than three, or if the chairman or the chairman's\ndesignee determines that acceptance of the best offer will result in the\npayment of an unreasonable price, the authority may reject all offers\nand withdraw the designation of the contract as a small business\nmentoring program contract.\n  (b) If the authority withdraws the designation of contract as a small\nbusiness mentoring program contract, the firms, if any, that made offers\nshall be notified. Invitations to compete containing the same or\nrewritten specifications and terms shall then be re-issued as a small\nbusiness mentoring program contract for one or more additional contract\nperiod.\n  4. Construction manager mentors. A mentor shall provide services and\nassistance to a small business as designated by the authority, which may\ninclude the following: (a) provide business training in the skills\nnecessary to operate a successful construction business and to compete\nfor and perform a public work contract;\n  (b) provide technical assistance to the small business to assess the\noutcome if the small business competes for but is not awarded a\ncontract;\n  (c) if the small business mentoring program contract is awarded to the\nsmall business, provide guidance, advice and technical assistance to the\nsmall business in the performance of the contract;\n  (d) provide other technical assistance to the small business to\nfacilitate learning, training and other issues which may arise.\n  5. The authority may delegate to the chairman or the chairman's\ndesignee, the authority's responsibilities set forth herein.\n  6. The small business mentoring program contracts authorized by this\nlegislation shall, for the initial year of the program, be in an\naggregate amount of not less than ten million dollars, and shall not\nexceed one hundred million dollars, with the maximum amount in future\nyears to be set by the chairman.\n  7. The authority shall submit a report, no later than September\nthirtieth, two thousand twenty-five, and annually thereafter, to the\ngovernor, the temporary president of the senate, and the speaker of the\nassembly regarding procurements made pursuant to this section. Such\nreport shall include a description of each procurement made pursuant to\nthis subdivision and the rationale for why the public work contract was\nselected as a small business mentoring program contract, information\nregarding the procurement process for each such mentoring program\ncontract and the name or names of the small businesses that fulfilled\nthe contract, the project identification number and a description for\neach such project performed pursuant to the contract, the contractual\ncompletion date for each contract, the status of each such project, the\ncontract price, including executed modifications, whether a project\nreceived surety bond or insurance contract assistance pursuant to\nsubparagraph (vi) of paragraph (b) of subdivision two of this section,\nthe total dollar value of monies paid to minority-owned and women-owned\nbusiness enterprises and disadvantaged business enterprises pursuant to\nthis section itemized by year and including the total dollar values for\nthe five years preceding the respective annual report's release date.\nSuch report shall additionally identify the authority-provided\nconstruction manager mentors and describe their competitive selection\nprocess, describe the technical assistance and advice provided by the\nauthority and the mentors to program participants, and describe the\nbusiness training provided by such mentor. For annual reports, any new\nprocurements and changes during the period covered by the report shall\nbe identified separately.\n  * NB Repealed December 31, 2029\n
N.Y. PBA Law § 1596-G — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-G
Construction contracts
Status: in_force

§ 1596-g. Construction contracts. The authority shall let contracts\nfor construction in the same manner, so far as practicable, as is\nprovided by law for contracts of the city, except that where the\nestimated expense of a contract does not exceed twenty-five hundred\ndollars, such contract may be entered into without public letting.\nNothing in this section shall be construed to limit the power of the\nauthority to do any construction directly by the officers, agents and\nemployees of the authority.\n
N.Y. PBA Law § 1272 — New York Code / Act PBA / Article 5 / Title 11 / Section 1272
Right of state to require redemption of bonds
Status: in_force

§ 1272. Right of state to require redemption of bonds. Notwithstanding\nand in addition to any provisions for the redemption of bonds which may\nbe contained in any contract with the holders of the bonds, the state\nmay, upon furnishing sufficient funds therefor, require the authority to\nredeem, prior to maturity, as a whole, any issue of bonds on any\ninterest payment date not less than twenty years after the date of the\nbonds of such issue at one hundred five per centum of their face value\nand accrued interest or at such lower redemption price as may be\nprovided in the bonds in case of the redemption thereof as a whole on\nthe redemption date. Notice of such redemption shall be published in at\nleast two newspapers publishing and circulating respectively in the\ncities of Albany and New York at least twice, the first publication to\nbe at least thirty days before the date of redemption.\n
N.Y. PBA Law § 1961 — New York Code / Act PBA / Article 8 / Title 11 / Section 1961
State and city not liable on bonds
Status: in_force

§ 1961. State and city not liable on bonds. The bonds and other\nobligations of the authority shall not be a debt of the state or of the\ncity, and neither the state nor the city shall be liable thereon, nor\nshall they be payable out of any funds other than those of the\nauthority.\n
N.Y. VAT Law § 2404 — New York Code / Act VAT / Title 11 / Article 48-C / Section 2404
Operating rules
Status: in_force

§ 2404. Operating rules. 1. No person shall operate an ATV:\n  (a) at a rate of speed greater than is reasonable and prudent under\nthe conditions and having regard to the actual and potential hazards\nthen existing;\n  (b) in a careless, reckless or negligent manner so as to unreasonably\nendanger the person or property of another or cause injury or damage\nthereto;\n  (c) on the tracks or right-of-way of an operating railroad;\n  (d) in any tree nursery or planting in a manner that damages or\ndestroys growing stock, or creates a substantial risk thereto;\n  (e) while pulling a person on skis or drawing or towing a sleigh,\nsled, toboggan, inflatable device or trailer which carries or transports\nany person unless attached by a rigid support, connection or towbar;\n  (f) on the frozen surface of public waters: within one hundred feet of\nany person other than a person riding on an ATV except at the minimum\nspeed required to maintain forward movement of the ATV, nor within one\nhundred feet of a fishing shanty or shelter except at the minimum speed\nrequired to maintain forward movement of the ATV nor on an area which\nhas been cleared of snow for skating purposes unless the area is\nnecessary for access to the public water;\n  (g) within one hundred feet of a dwelling between midnight and six\na.m., at a speed greater than minimum required to maintain forward\nmovement of the ATV;\n  (h) on public lands, other than highways, or on private property of\nanother while in an intoxicated condition or under the influence of\nnarcotics or drugs.\n  2. The operator of an ATV shall:\n  (a) stop and yield to an authorized ambulance, civil defense, or\npolice ATV or police vehicle being operated as an emergency vehicle and\napproaching from any direction;\n  (b) comply with any lawful order or direction of any police officer or\nother person duly empowered to enforce the laws relating to ATVs.\n  3. No person shall ride on or in a sleigh, sled, toboggan, inflatable\ndevice or trailer which is being towed or trailed by an ATV unless\nattached by a rigid support, connection or towbar.\n  4. A person operating an ATV shall ride only upon the permanent and\nregular seat attached thereto, and such operator shall not carry any\nother person nor shall any other person ride on an ATV unless such ATV\nis designed to carry more than one person, in which event a passenger\nmay ride upon the permanent and regular seat if designed for two\npersons, or upon another seat firmly attached to the ATV at the rear or\nside of the operator.\n  5. For the purposes of title seven of this chapter, an ATV shall be a\nmotor vehicle and the provisions of such title shall be applicable to\nATVs.\n  6. Local laws and ordinances. Nothing contained in this article shall\nbe deemed to limit the authority of a county, city, town or village from\nadopting or amending a local law or ordinance which imposes stricter\nrestrictions and conditions on the operation of ATVs than are provided\nor authorized by this section so long as such local law or ordinance is\nconsistent with its authority to protect the order, conduct, health,\nsafety and general welfare of persons or property.\n
N.Y. SOS Law § 365-O — New York Code / Act SOS / Article 5 / Title 11 / Section 365-O
Provision and coverage of services for living organ donors
Status: in_force

§ 365-o. Provision and coverage of services for living organ donors.\nThis section applies in the case of a living donor under section\nforty-three hundred seventy-one of the public health law who is enrolled\nin medical assistance under this title. Living donor expenses for\neligible individuals under section forty-three hundred seventy-one of\nthe public health law that are covered benefits under this title are\nexcluded from reimbursement under the living donor support program,\ndefined in section forty-three hundred seventy of the public health law,\nprovided federal financial participation is available.\n
N.Y. PBA Law § 1312 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1312
Agreement of the state
Status: in_force

§ 1312. Agreement of the state. The state does hereby pledge to and\nagree with the holders of any notes or bonds issued under this title,\nthat the state will not limit or alter the rights hereby vested in the\nauthority to fulfill the terms of any agreements made with the holders\nthereof, or in any way impair the rights and remedies of such holders\nuntil such notes or bonds, together with the interest thereon, with\ninterest on any unpaid installments of interest, and all costs and\nexpenses for which the authority is liable in connection with any action\nor proceeding by or on behalf of such holders, are fully met and\ndischarged. The authority is authorized to include this pledge and\nagreement of the state in any agreement with the holders of such notes\nor bonds.\n
N.Y. PBA Law § 1964 — New York Code / Act PBA / Article 8 / Title 11 / Section 1964
Tax contract by the state
Status: in_force

§ 1964. Tax contract by the state. The state covenants with the\npurchasers and with all subsequent holders and transferees of bonds or\nnotes issued by the authority pursuant to this title, in consideration\nof the acceptance of and payment for the bonds or notes, that the bonds\nand notes of the authority issued pursuant to this title and the income\ntherefrom, and all moneys, funds and revenues pledged to pay or secure\nthe payment of such bonds or notes shall at all times be free from\ntaxation except for estate taxes and taxes on transfers by or in\ncontemplation of death.\n
N.Y. ENV Law § 9-1117 — New York Code / Act ENV / Article 9 / Title 11 / Section 9-1117
Condition of rights of way
Status: in_force

§ 9-1117. Condition of rights of way.\n  1. The railroad right of way of all railroads which are operated\nthrough forest lands shall be kept cleared of all inflammable material\nwhenever required by the department.\n  2. Fire, live coals or hot ashes shall not be deposited unless\nproperly protected upon any track or railroad right of way on or near\nforest land.\n
N.Y. PBA Law § 1266-F — New York Code / Act PBA / Article 5 / Title 11 / Section 1266-F
Medical emergency services plan; implementation on Metro-North Commuter Railroad Company
Status: in_force

§ 1266-f. Medical emergency services plan; implementation on\nMetro-North Commuter Railroad Company. 1. The authority is hereby\nauthorized and directed to implement a medical emergency services\nprogram not later than April first, nineteen hundred eighty-six, for the\nbenefit of persons utilizing transportation and other related services\nof the Metro-North Commuter Railroad Company. Such program shall include\nbut not be limited to provision for the following: The training of\nconductors, trainmen and other designated employees in first aid,\nemergency techniques and procedures, handling and positioning of\nstricken commuters, and knowledge of procedures and equipment used for\nrespiratory and cardiac emergencies.\n  2. Notwithstanding any inconsistent provision of any general, special\nor local law, a designated employee employed upon facilities of the\nMetro-North Commuter Railroad Company who has successfully completed a\ncourse in first aid, including instruction and training in\ncardiopulmonary resuscitation and who voluntarily and without\nexpectation of monetary compensation renders first aid, emergency\ntreatment or cardiopulmonary resuscitation at the scene of an accident\nor other emergency, in the course of his duties as an employee of the\nMetro-North Commuter Railroad Company to a person who is unconscious,\nill or injured, shall not be liable for damages and injuries alleged to\nhave been sustained by such person or for damages for death of such\nperson alleged to have occurred by reason of an act or omission in the\nrendering of such first aid, emergency treatment or cardiopulmonary\nresuscitation unless it is established that such injuries were or such\ndeath was caused by gross negligence on the part of such designated\nemployee.\n
N.Y. PBA Law § 1279-B — New York Code / Act PBA / Article 5 / Title 11 / Section 1279-B
Transition--election to withdraw from the metropolitan commuter transportation district
Status: in_force

§ 1279-b. Transition--election to withdraw from the metropolitan\ncommuter transportation district. 1. The counties of Dutchess, Orange\nand Rockland shall have an option to withdraw from the metropolitan\ncommuter transportation district and have such withdrawal take effect on\neither: (a) January first, nineteen hundred eighty-seven. If any such\ncounty plans to withdraw from the district on January first, nineteen\nhundred eighty-seven, it shall (i) no later than seventy-five days after\nthe effective date of this section, furnish the commissioner of\ntransportation, and chairman of the authority and the other counties\nwhich have an option to withdraw, a resolution adopted by the county\nlegislature providing notice of intent to withdraw, (ii) on or before\nOctober first, nineteen hundred eighty-six, furnish to the commissioner\nof transportation, the chairman of the authority and other counties\nwhich have an option to withdraw, a resolution adopted by the county\nlegislature providing for a public transportation plan. For the purposes\nof this section, a "public transportation plan" shall mean a plan that\nmaintains adequate and continuous public transportation services from\nthe withdrawing county to the city of New York or any terminus\npreviously served, provides a reasonable level of rail passenger\nservice, provides a schedule for implementing such service, protects the\npublic investment in the rail transportation system and any other\ncriteria deemed necessary by the commissioner of transportation. Prior\nto withdrawal pursuant to this paragraph or paragraph (b) of this\nsubdivision, a county must receive approval of its public transportation\nplan pursuant to paragraph (c) of this subdivision, (iii) on or before\nDecember fifteenth, nineteen hundred eighty-six, furnish the\ncommissioner of transportation, a copy of an agreement with the\nauthority or an operator of rail passenger service for the provision of\nrail passenger service to and from such county and the city of New York\nor any terminus previously served.\n  If a county planning to withdraw on January first, nineteen hundred\neighty-seven is unable to withdraw because it could not meet the\nrequirements of this paragraph, it may elect to withdraw pursuant to\nparagraph (b) of this subdivision hereafter.\n  (b) January first, nineteen hundred eighty-eight or January first,\nnineteen hundred eighty-nine. If any such county plans to withdraw on\neither January first, nineteen hundred eighty-eight or January first,\nnineteen hundred eighty-nine, it shall (i) no later than ninety days\nafter the first of January of the year immediately preceding the year in\nwhich such county plans to withdraw from the district, furnish the\ncommissioner of transportation, the chairman of the authority and the\nother counties which have an option to withdraw, a resolution adopted by\nthe county legislature providing notice of intent to withdraw from the\ndistrict, (ii) no later than one hundred twenty days after the first of\nJanuary of the year immediately preceding the year in which such county\nplans to withdraw from the district furnish to the commissioner of\ntransportation, the chairman of the authority and the counties which\nhave an option to withdraw a resolution adopted by the county\nlegislature providing a public transportation plan as described in this\nsection, (iii) on or before October first of the year immediately\npreceding the year in which such county plans to withdraw from the\ndistrict, furnish to the commissioner a copy of an agreement with the\nauthority or an operator of rail passenger service for the provision of\nrail passenger service to and from such county and the city of New York\nor any terminus previously served.\n  (c) No later than thirty days after receipt of the public\ntransportation plan the commissioner of transportation shall, in\nwriting, either approve such plan as conforming with the requirements\nheretofore described or disapprove such plan as failing to meet such\nrequirements and the reasons therefor. Disapproval of a plan shall not\nprohibit a county from resubmitting a public transportation plan and\nsuch resubmitted plan shall be approved or disapproved no later than\nfifteen days after receipt by the commissioner of transportation. The\npublic transportation plan shall be subject to any state or federal\npublic hearing requirements which the authority would be subject to if\nthe authority made the changes proposed by such plan.\n  (d) Any such county which plans to withdraw from the district must\nmeet the requirements of this section prior to the effective date of\nwithdrawal, and no withdrawal for the purposes of this section shall\ntake effect unless such county furnishes the resolutions and agreement\nprior to the effective date of withdrawal.\n  2. The authority and any subsidiary corporation of the authority shall\nenter into an agreement or agreements with a county that plans to\nwithdraw from the district to transfer and assign to such county all\nauthority and subsidiary railroad facilities and operations, rights and\nobligations, and contract rights and obligations, including operating\ncontract rights and obligations, which are owned, operated, maintained\nor used directly or by contract or which are otherwise involved in the\nprovision of railroad services to such counties. Such agreement shall\nprovide, in the event a facility, operation, right or obligation is\nnecessary and material to the provision of rail passenger service in the\ndistrict or is not assignable under applicable bond covenants or\ncontracts or the parties agree that it should not be assigned, that the\nauthority or subsidiary thereof shall continue to hold and be\nresponsible for such facility, operation, right or obligation and that\nsuch county shall reimburse to the authority that portion of the cost to\nthe authority or subsidiary of its retention of such facility,\noperation, right or obligation that is allocable to such county. If the\nparties agree that the authority or subsidiary thereof shall operate the\nrailroad facilities in a county after the effective date of such\ncounty's withdrawal, the agreement also shall provide for the terms and\nconditions of the operation of such service.\n  3. Within forty-five days of the effective date of this section, the\nauthority and any subsidiary corporation of the authority shall provide\nto the counties of Dutchess, Orange and Rockland a written statement,\nincluding cost estimates and the useful life, if any, of all of its\nfacilities, operations, rights and obligations relating to the provision\nof rail service in such counties.\n  4. The authority and any subsidiary corporation of the authority is\nauthorized to enter into an agreement or agreements with a county that\nplans to withdraw from the district, pursuant to which the authority or\nsubsidiary thereof will provide technical assistance to such county\nprior to, during and after the withdrawal, with respect to the transfer\nof ownership, operation, maintenance and use of railroad facilities\nwithin such county. Such agreement may provide that the county reimburse\nthe authority or its subsidiary for the cost to the authority and its\nsubsidiary for the provision of such technical assistance.\n  5. The authority shall have no obligation to undertake or continue any\nproject or part thereof in a current or future capital program plan\nwhich pertains to railroad facilities within or services to a county\nthat withdraws from the district on or after such date of withdrawal nor\nshall the authority enter into any contract for a project or part\nthereof which would increase liabilities pursuant to subdivision six of\nthis section in a county after such county notifies the authority of its\nintent to withdraw as provided in subdivision one of this section,\nprovided, however, that if the authority has executed a contract for the\neffectuation of a project or part thereof in a capital program plan in\nsuch county, it shall be assigned to such county in accordance with\nsubdivision two of this section, unless the parties agree that it shall\nnot be assigned and that the authority or its subsidiary shall continue\nto be responsible therefor, in which event the county shall reimburse\nthe authority or its subsidiary in accordance with the provisions of\nsubdivision two of this section.\n  6. Any county which withdraws from the district shall reimburse to the\nauthority or its subsidiary, within the time period agreed to by the\nparties, any capital expenditures heretofore undertaken by the authority\nor its subsidiary for railroad facilities only within such county which\nwere financed by commuter railroad revenue bonds issued by the\nmetropolitan transportation authority pursuant to section twelve hundred\nsixty-nine of this article and are assigned to such county in accordance\nwith the provisions of subdivision two of this section.\n  7. The obligations of a county that withdraws from the district to\nreimburse the authority and any subsidiary corporation of the authority\nfor the costs of operation, maintenance and use of passenger stations\npursuant to section twelve hundred seventy-seven of this article, shall\ncontinue for any such costs incurred up to the effective date of the\ncounty's withdrawal from the district and for costs incurred thereafter\nthat result from acts preceding such withdrawal, and the applicability\nof the payment provisions and procedures of such section twelve hundred\nseventy-seven to such county shall continue thereafter with respect to\nthe aforesaid costs.\n  8. In the event of a county's failure to make payment of any monies\ndetermined by the authority to be owed and due it or any subsidiary\ncorporation of the authority pursuant to the terms of any agreement\nentered into pursuant to this section, the authority is authorized to\nrecover such payments in the same manner as in section twelve hundred\nseventy-seven of this article and the state comptroller shall withhold\nand pay monies to the authority in accordance with the procedures set\nforth in that section.\n  9. The term of office of any resident of a county that withdraws from\nthe district under this section, as a member of the board of the\nauthority, the Metro-North rail commuter council or the management\nadvisory board, which is based upon residence in such county, shall\nterminate upon the county's withdrawal and the office shall be deemed\nvacant and filled in the manner provided by law.\n  10. The provisions of this section and all agreements undertaken in\naccordance herewith shall be subject to the rights of the holders of any\noutstanding bonds or notes issued by the authority.\n
N.Y. PBA Law § 1332-A — New York Code / Act PBA / Article 5 / Title 11-D / Section 1332-A
Restrictions
Status: in_force

§ 1332-a. Restrictions. With respect to any statewide mass\ntransportation operating assistance program established pursuant to\nsection eighteen-a of the transportation law which by its terms makes\navailable to the authority monies for operating expenses as mass\ntransportation operating assistance service payments, no application\ntherefor shall be made and no monies available under such program shall\nbe accepted by the authority, notwithstanding the provision of any other\nlaw, unless the county legislature of any member county whose matching\nfund percentage for service payments under such section is at least\neighty-five percent, authorizes the authority, by resolution adopted by\na majority of the county legislature, to make such application.\n
N.Y. VAT Law § 2257-A — New York Code / Act VAT / Title 11 / Article 48 / Section 2257-A
Suspension, revocation or refusal to issue dealer registration; suspension or revocation of dealer demonstrator number or trailer plate; ...
Status: in_force

§ 2257-a. Suspension, revocation or refusal to issue dealer\nregistration; suspension or revocation of dealer demonstrator number or\ntrailer plate; suspension of authority to issue temporary registration;\ncivil penalty. 1. Suspension, revocation and refusal to renew a\nregistration, demonstrator number or number plate. The commissioner may\ndeny the application of any person for registration under section\ntwenty-two hundred fifty-seven of this article or suspend or revoke a\ncertificate of registration, demonstrator number or number plate issued\nunder such section or refuse to issue a renewal thereof if he determines\nthat such applicant or registrant or any other person directly or\nindirectly interested in the business:\n  (a) has made a material false statement or concealed a material fact\nin connection with his application;\n  (b) has used or permitted the use of demonstrator numbers or number\nplates contrary to law;\n  (c) has been guilty of fraud or fraudulent or deceptive practices, or\nhas practiced dishonest or misleading advertising;\n  (d) does not have a place of business as defined by regulation of the\ncommissioner;\n  (e) was the former holder, or was an officer, director, stockholder,\nor partner, in a corporation or partnership which was the former holder\nof a dealer's registration, which was suspended or revoked by the\ncommissioner; or\n  (f) has failed to comply with any of the rules and regulations of the\ncommissioner for the enforcement of this article or with any provision\nof this chapter applicable thereto.\n  2. In lieu of suspending or revoking the certificate of registration\nof a dealer, the commissioner may, for any of the grounds specified in\nsubdivision one of this section, suspend the authority of a dealer to\nissue temporary registrations pursuant to section twenty-two hundred\nfifty-five of this article.\n  3. Civil penalty. The commissioner, or any person deputized by him, in\naddition to or in lieu of revoking or suspending the certificate of\nregistration, or in addition to suspending the authority to issue\ntemporary registrations, may in any one proceeding by order require the\nregistrant to pay to the people of this state a penalty in a sum not\nexceeding one thousand dollars for each violation and upon the failure\nof such registrant to pay such penalty within twenty days after the\nmailing of such order, postage prepaid, registered, and addressed to the\nlast known place of business of such registrant, unless such order is\nstayed by an order of a court of competent jurisdiction, the\ncommissioner may suspend the certificate of registration of such\nregistrant until such penalty is paid. Civil penalties assessed under\nthis subdivision shall be paid to the commissioner for deposit into the\nstate treasury, and unpaid civil penalties may be recovered by the\ncommissioner in a civil action in the name of the commissioner. In\naddition, as an alternative to such civil action and provided that no\nproceeding for judicial review shall then be pending and the time for\ninitiation of such proceeding shall have expired, the commissioner may\nfile with the county clerk of the county in which the registrant is\nlocated a final order of the commissioner containing the amount of the\npenalty assessed. The filing of such final order shall have the full\nforce and effect of a judgment duly docketed in the office of such clerk\nand may be enforced in the same manner and with the same effect as that\nprovided by law in respect to executions issued against property upon\njudgment of a court of record.\n  4. No certificate of registration, demonstrator number or number plate\nshall be suspended or revoked, civil penalty imposed or authority to\nissue temporary registrations suspended until such registrant shall have\nbeen given the opportunity to be heard, upon written notice to the\nregistrant, before an officer or employee of the department designated\nfor such purpose by the commissioner. However, the commissioner may\ntemporarily suspend a registration, demonstrator numbers or number\nplates and/or the authority to issue temporary registrations pending a\nhearing.\n  Upon the denial of an application for a certificate of registration,\nthe applicant shall, upon written request made within ten days after the\napplicant is notified of such denial, be entitled to a hearing before an\nofficer or employee of the department designated for such purpose by the\ncommissioner.\n  5. Following the suspension or revocation of the certificate of\nregistration of a dealer, demonstrator numbers or number plates, or the\nsuspension of the authority to issue temporary registrations, pursuant\nto this section, the failure of the holder or any other person\npossessing the certificate of registration, demonstrator numbers, number\nplates or temporary registrations, issued to a dealer pursuant to the\nregulations of the commissioner, to deliver the same to the suspending\nor revoking officer is a misdemeanor. Failure of the holder or any\nperson possessing the certificate of registration to deliver the same to\nany peace officer acting pursuant to his special duties, directed by the\ncommissioner to secure possession thereof shall be a misdemeanor.\n
N.Y. PBA Law § 1270-G — New York Code / Act PBA / Article 5 / Title 11 / Section 1270-G
Regulation of certain authority expenditures
Status: in_force

§ 1270-g. Regulation of certain authority expenditures. The authority\nshall implement policies as appropriate to minimize unwarranted expenses\nand to protect against abuses in connection with (i) the granting of any\nprivileges or benefits having financial value, other than wage payments\nor expense reimbursements, to members or staff of the authority, or any\nsubsidiary or other authority created by the authority; and (ii) the\nfull-time and part-time assignment and use of automobiles owned or\nleased by the authority, or any subsidiary or other authority created by\nthe authority, and the use by authority employees and board members of\nlivery vehicles, as defined in section one hundred twenty-one-e of the\nvehicle and traffic law.\n
N.Y. PBA Law § 1299-B — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-B
Niagara Frontier transportation district
Status: in_force

§ 1299-b. Niagara Frontier transportation district. There is hereby\ncreated and established a transportation district to be known as the\nNiagara Frontier transportation district which shall embrace the\ncounties of Erie and Niagara.\n
N.Y. PBA Law § 1345 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1345
Fiscal year
Status: in_force

§ 1345. Fiscal year. The fiscal year of the authority shall begin on\nthe first day of April.\n
N.Y. PBA Law § 1333 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1333
Acquisition and disposition of real property
Status: in_force

§ 1333. Acquisition and disposition of real property. 1. In addition\nto the powers provided in section thirteen hundred thirty-one of this\ntitle to acquire transportation facilities, equipment and real property,\nthe authority may acquire, by condemnation pursuant to the condemnation\nlaw and/or in accordance with the condemnation provisions of subdivision\nseven of this section, any real property it may deem necessary,\nconvenient, or desirable to effectuate the purpose of this title,\nprovided, however, that any such condemnation proceedings shall be\nbrought only in the supreme court and the compensation to be paid shall\nbe ascertained and determined by the court without a jury.\nNotwithstanding the foregoing provisions of this subdivision, no real\nproperty may be acquired by the authority by condemnation or by purchase\nfor purposes other than a transportation facility unless the governing\nbody of the city, village or town in which such real property is located\nshall first consent to such acquisition.\n  2. Nothing herein contained shall be construed to prevent the\nauthority from bringing any proceedings to remove a cloud on title or\nsuch other proceedings as it may, in its discretion, deem proper and\nnecessary or from acquiring any such property by negotiation or\npurchase.\n  3. Where a person entitled to an award in the proceedings to condemn\nany real property for any of the purposes of this title remains in\npossession of such property after the time of the vesting of title in\nthe condemnor, the reasonable value of his use and occupancy of such\nproperty subsequent to such time as fixed by agreement or by the court\nin such proceedings or by any court of competent jurisdiction shall be a\nlien against such award subject only to the liens of record at the time\nof vesting of title in the condemnor.\n  4. Title to all property acquired under this act shall vest in the\nauthority.\n  5. The authority may, whenever it determines that it is in the\ninterest of the authority, dispose of any real property or property\nother than real property, which it determines is not necessary,\nconvenient or desirable for its purposes.\n  6. The authority may, whenever it shall determine that it is in the\ninterest of the authority, rent, lease or grant easements or other\nrights in, any land or property of the authority.\n  7. The authority may adopt the following condemnation procedures.  A\ncertified copy of a resolution adopted by the authority authorizing the\nacquisition and identifying and describing the property and franchises,\nif any, sought to be acquired by condemnation shall be filed in the\noffice of the county clerk of the county in which such property is\nsituated, held or maintained. A petition for an order vesting title to\nsuch property and franchises, if any, sought to be acquired by\ncondemnation shall set forth a description of the said property and\nfranchises, if any, and a prayer that title be vested in the authority,\nshall be presented, upon notice of the application to condemn published\nin five successive issues of a publication of general circulation within\nthe county where such property and franchises, if any, are located, to a\nspecial term of the supreme court held at the time and place specified\nin such notice, within the judicial district in which the property being\nacquired or some part thereof is situated. Such proceedings shall have\nprecedence over all other cases on the calendar of such court, any other\nprovision of the law to the contrary notwithstanding. Upon due proof to\nthe satisfaction of the court of the filing of the resolution as\nhereinafter described, such court, not later than three days after the\npresentation of the petition, shall thereupon enter an order vesting\ntitle to such property and franchises, if any, in the authority. Upon\nsuch vesting of title the authority shall have the right to enter upon\nand take possession of such property. A notice of such acquisition shall\nbe directed to the owners of the property and franchises, if any, so\nacquired and to any other person or persons having an estate, interest\nor easement in such property or a lien, charge or encumbrance thereon by\npersonal service or by registered mail at the last known address within\nfifteen days after such vesting of title. Such notice shall set forth\nsuch resolution, the date of the submission to the court, the date of\nthe order vesting title in such authority and such other matters as the\nauthority may determine.\n
N.Y. PBA Law § 1596-MM — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-MM
Exemptions from taxation
Status: in_force

§ 1596-mm. Exemptions from taxation. 1. It is hereby determined that\nthe creation of the authority and the carrying out of its corporate\npurposes is in all respects for the benefit of the people of the city of\nYonkers and its environs, and is a public purpose, and the authority\nshall be regarded as performing a governmental function in the exercise\nof the powers conferred upon it by this title and shall be required to\npay no taxes or assessments upon any of the property acquired by it or\nunder its jurisdiction or control or supervision or upon its activities.\n  2. Any bonds or notes issued pursuant to this title, together with the\nincome therefrom, as well as the property of the authority, shall be\nexempt from taxation, except for transfer and estate taxes.\n
N.Y. SOS Law § 366-D — New York Code / Act SOS / Article 5 / Title 11 / Section 366-D
Medical assistance provider; prohibited practices
Status: in_force

§ 366-d. Medical assistance provider; prohibited practices. 1.\nDefinitions. As used in this section, "medical assistance provider"\nmeans any person, firm, partnership, group, association, fiduciary,\nemployer or representative thereof or other entity who is furnishing\ncare, services or supplies under title eleven of article five of this\nchapter.\n  2.  No medical assistance provider shall:\n  (a)  solicit, receive, accept or agree to receive or accept any\npayment or other consideration in any form from another person to the\nextent such payment or other consideration is given: (i) for the\nreferral of services for which payment is made under title eleven of\narticle five of this chapter; or (ii) to purchase, lease or order any\ngood, facility, service or item for which payment is made under title\neleven of article five of this chapter; or\n  (b)  offer, agree to give or give any payment or other consideration\nin any form to another person to the extent such payment or other\nconsideration is given: (i) for the referral of services for which\npayment is made under title eleven of article five of this chapter; or\n(ii) to purchase, lease or order any good, facility, service or item for\nwhich payment is made under title eleven of article five of this\nchapter;\n  (c) as used in this section "person"  shall have the meaning  set\nforth in subdivision seven of section 10.00 of the penal law.\n  (d) this subdivision shall not apply to any activity specifically\nexempt by federal statute or federal regulations promulgated thereunder.\n  3. Any medical assistance provider who violates the provisions of this\nsection is guilty of a misdemeanor punishable by:\n  (a) a term of imprisonment in accordance with the penal law; or\n  (b) a fine of not less than five hundred dollars nor more than ten\nthousand dollars; or\n  (c) if the defendant has obtained money or property through a\nviolation of the provisions of this section, a fine in an amount, fixed\nby the court, not to exceed double the amount of the defendant's gain\nfrom a violation of such provisions. In such event, the provisions of\nsubdivision three of section 80.00 of the penal law shall be applicable\nto the sentence; or\n  (d) both the imprisonment and the fine.\n  4. Any medical assistance provider who violates the provisions of this\nsection and thereby obtains money or property having a value in excess\nof seven thousand five hundred dollars shall be guilty of a class E\nfelony.\n
N.Y. ENV Law § 27-1113 — New York Code / Act ENV / Article 27 / Title 11 / Section 27-1113
Community advisory committees
Status: in_force

§ 27-1113. Community advisory committees.\n  1. In addition to any authority conferred by any other provision of\nlaw, a county within which an industrial hazardous waste treatment,\nstorage and disposal facility subject to this title is to be situated,\nshall constitute a committee for the purpose of entering into a dialogue\nwith the applicant to develop mutually acceptable solutions to problems\nwhich may be created by the siting of the facility in the community.\n  2. The committee shall have no fewer than nine and no more than\nfifteen members. No more than one-third of the members shall be\ndesignated by the chief executive officer, or if none, the chairman of\nthe county legislative body, of the affected county. No less than\ntwo-thirds of the members shall be designated by the chief executive\nofficer of the affected city, town or village as the case may be,\nprovided however, if the proposed facility is located in more than one\ncity, town or village, the chief executive officer of such cities,\ntowns, or villages shall have the authority to appoint an equal number\nof members to the local advisory committee, the total of which shall not\nbe less than two-thirds of such committee.\n  3. The members of the committee shall be deemed employees of the\npublic entity by which they were respectively designated for purposes of\nsection eighteen of the public officers law.\n  4. Within fifteen days after receipt of notification of the\nconstitution of a community advisory committee, the chairman of the\nboard or his designee shall convene and preside over a conference\nbetween the applicant and such committee. The chairman of the facility\nsiting board or his designee shall endeavor to foster a dialogue between\nthe applicant and the committee, and to that end, shall convene and\npreside over such additional conferences as may be necessary.\n
N.Y. SOS Law § 368 — New York Code / Act SOS / Article 5 / Title 11 / Section 368
Quarterly estimates
Status: in_force

§ 368.  Quarterly estimates. Each public welfare district shall submit\nto the department quarterly estimates of its anticipated expenditures\nfor medical assistance for needy persons and administrative expenses not\nless than thirty days before the first day of each of the quarters\nbeginning on the first day of the months of July, October, January and\nApril, in such form and together with such other information as the\ndepartment may require.\n
N.Y. SOS Law § 363-E — New York Code / Act SOS / Article 5 / Title 11 / Section 363-E
Medicaid plan, applications for waivers and plan amendments; public disclosure
Status: in_force

§ 363-e. Medicaid plan, applications for waivers and plan amendments;\npublic disclosure. 1. The commissioner of health shall post on the\ndepartment of health internet website in as timely a manner as practical\nthe entirety of the state's plan for medical assistance as required by\ntitle XIX of the federal Social Security Act, or its successor, and\nevery approved amendment and change to the plan.\n  2. The commissioner of health shall post on the department of health\ninternet website in as timely a manner as practical: every application\nfor a federal waiver and every proposed state plan amendment, relating\nto the state's plan for medical assistance, submitted to the federal\ndepartment of health and human services, or any successor agency or part\nthereof.\n
N.Y. PBA Law § 1596-M — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-M
Bonds legal investments for public officers and fiduciaries
Status: in_force

§ 1596-m. Bonds legal investments for public officers and fiduciaries.\nThe bonds are hereby made securities in which all public officers, and\nbodies of this state and all municipalities and municipal subdivisions,\nall insurance companies and associations and other persons carrying on\nan insurance business, all banks, bankers, trust companies, savings\nbanks and savings associations, including savings and loan associations,\nbuilding and loan associations, investment companies and other persons\ncarrying on a banking business, and all other persons whatsoever, except\nas hereinafter provided, who are now or may hereafter be authorized to\ninvest in bonds or other obligations of the state, may properly and\nlegally invest funds including capital in their control or belonging to\nthem; provided that, notwithstanding the provisions of any other general\nor special law to the contrary, such bonds shall not be eligible for\ninvestment of funds, including capital of trusts, estates or\nguardianships under the control of individual administrators, guardians,\nexecutors, trustees and other individual fiduciaries. The bonds are also\nhereby made securities which may be deposited with and shall be received\nby all public officers and bodies of this state and all municipalities\nand municipal subdivisions for any purpose for which the deposit of\nbonds or other obligations of this state is now or may hereafter be\nauthorized.\n
N.Y. SOS Law § 369-N — New York Code / Act SOS / Article 5 / Title 11-B / Section 369-N
Relationship of program to medical assistance program
Status: in_force

§ 369-n. Relationship of program to medical assistance program. 1. Any\nperson eligible for medical assistance benefits under title eleven of\nthis article or who would be eligible for such benefits if an\napplication were to be made pursuant to section three hundred sixty-six\nof this article shall not be eligible for the payment of all or part of\nsuch person's health insurance costs under this program. If all members\nof a household can establish eligibility for medical assistance benefits\nunder the excess income program by use of paid or incurred bills, no\nperson in that household shall be eligible for the payment of all or\npart of such person's health insurance costs under this program.\n  2. Notwithstanding any inconsistent provision of law, expenditures\nincurred by social services districts under this title related to\nprogram expenses shall be considered expenditures under the program of\nmedical assistance for needy persons under title eleven of this article\nand there shall be paid to each such district fifty percent of the\namount expended by such district under this title, and for the\nadministration thereof, after first deducting therefrom any federal\nfunds properly received or to be received on account thereof.\n
N.Y. ENV Law § 71-1105 — New York Code / Act ENV / Article 71 / Title 11 / Section 71-1105
Enforcement of subdivision 4 of section 15-0313
Status: in_force

§ 71-1105. Enforcement of subdivision 4 of section 15-0313.\n  Any violation of subdivision 4 of section 15-0313 shall be a\nviolation, punishable by a fine of not more than one thousand eight\nhundred dollars, and in addition thereto, by a civil penalty of not more\nthan one thousand eight hundred dollars.\n
N.Y. PBA Law § 1346 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1346
Consent by the state
Status: in_force

§ 1346. Consent by the state. The commissioner of general services\nshall have power, in his discretion, from time to time to transfer and\nconvey to the authority, or to one or more participating counties for\nthe use of the authority, and for such consideration as may be\ndetermined by him to be paid to the state, unappropriated state lands\nand lands under water which the authority shall certify to be necessary\nor desirable for the corporate purposes of the authority.\n
N.Y. SOS Law § 369-L — New York Code / Act SOS / Article 5 / Title 11-B / Section 369-L
Establishment of program
Status: in_force

§ 369-l. Establishment of program. 1. There is hereby established\nwithin the department of social services the health insurance\ncontinuation program for persons with AIDS.\n  2. Notwithstanding any inconsistent provision of law, the\ncommissioner, subject to the approval of the director of the budget, may\napply for appropriate waivers under federal law and regulation or take\nother actions to secure federal financial participation in the costs of\nthe program; may waive or modify any provisions of this chapter or\nregulation of the department to implement this title; or may promulgate\nsuch regulations as necessary to implement this title.\n
N.Y. PBA Law § 2981 — New York Code / Act PBA / Article 9 / Title 11 / Section 2981
Wrongful death; limitation period
Status: in_force

§ 2981. Wrongful death; limitation period. A wrongful death action\nagainst a public authority or public benefit corporation shall be\ncommenced within two years of the happening of the death.\n
N.Y. VAT Law § 2283 — New York Code / Act VAT / Title 11 / Article 48-B / Section 2283
Display of registration
Status: in_force

§ 2283. Display of registration. 1. The registration number with\nindicia of registration assigned to an ATV shall be displayed on the\nvehicle at all times in such a manner as the commissioner may, by\nregulation, prescribe.\n  2. Dealer demonstrator registration numbers shall conform to the\nrequirements set forth in subdivision one of this section with the\nexception that, unless otherwise prescribed by regulation of the\ncommissioner, the numbers assigned may be printed upon or attached to a\nremovable plaque or plaques to be temporarily but firmly affixed to the\nATV being demonstrated or tested.\n  3. Numbers issued to dealers and manufacturers for the purpose of\ndemonstration or testing shall be used exclusively for these purposes\nand no other use is permitted.\n
N.Y. PBA Law § 1314 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1314
Remedies of noteholders and bondholders
Status: in_force

§ 1314. Remedies of noteholders and bondholders. 1. In the event that\nthe authority shall default in the payment of principal of or interest\non any issue of notes or bonds after the same shall become due, whether\nat maturity or upon call for redemption, and such default shall continue\nfor a period of thirty days, or in the event that the authority shall\nfail or refuse to comply with the provisions of this title or shall\ndefault in any agreement made with the holders of any issue of notes or\nbonds, the holders of twenty-five per centum in aggregate principal\namount of the notes or bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of any county\nin which the authority operates and has an office and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such notes or bonds for the purposes\nherein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such notes or bonds then\noutstanding shall, in his or its own name:\n  (a) by suit, action or proceeding in accordance with the civil\npractice law and rules, enforce all rights of the noteholders or\nbondholders, including the right to require the authority to collect\nfares, tolls, rentals, rates, charges and other fees adequate to carry\nout any agreement as to, or pledge of, such fares, tolls, rentals,\nrates, charges and other fees and to require the authority to carry out\nany other agreements with the holders of such notes or bonds and to\nperform its duties under this title;\n  (b) bring suit upon such notes or bonds;\n  (c) by action or suit, require the authority to account as if it were\nthe trustee of an express trust for the holders of such notes or bonds;\n  (d) by action or suit, enjoin any acts or things which may be unlawful\nor in violation of the rights of the holders of such notes or bonds;\n  (e) declare all such notes or bonds due and payable, and if all\ndefaults shall be made good, then, with the consent of the holders of\ntwenty-five per centum of the principal amount of such notes or bonds\nthen outstanding, to annul such declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders or noteholders in the enforcement and\nprotection of their rights.\n  4. The supreme court shall have jurisdiction of any suit, action or\nproceedings by the trustee on behalf of such noteholders or bondholders.\nThe venue of any such suit, action or proceeding shall be laid in the\ncounty in which the instrument or instruments are filed in accordance\nwith subdivision one of this section.\n  5. Before declaring the principal of notes or bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\ngovernor, to the authority, to the comptroller and to the attorney\ngeneral of the state.\n
N.Y. PBA Law § 1596-F — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-F
Conveyance of property by the city to the authority; acquisition of property by the city or by the authority
Status: in_force

§ 1596-f. Conveyance of property by the city to the authority;\nacquisition of property by the city or by the authority. 1. The city\nmay, by resolution or resolutions of the common council or by\ninstruments authorized by such resolutions, convey, with or without\nconsideration, to the authority real and personal property owned by the\ncity for use by the authority as a project or projects or a part\nthereof. In case of real property so conveyed, the title thereto shall\nremain in the city but the authority shall have the use and occupancy\nthereof for so long as its corporate existence shall continue. In the\ncase of personal property so conveyed, the title shall pass to the\nauthority.\n  2. The city may acquire by purchase or condemnation real property in\nthe name of the city for any of the projects or for the widening of\nexisting roads, streets, parkways, avenues or highways or for new roads,\nstreets, parkways, avenues or highways to any of the projects, or partly\nfor such purposes and partly for other city purposes, by purchase or\ncondemnation in the manner provided by law for the acquisition of real\nproperty by the city. The city may close such streets, roads, parkways,\navenues, or highways as may be necessary or convenient, except as to\nstate highways and arterial highways which may not be closed without the\nconsent of the state commissioner of transportation.\n  3. Contracts may be entered into between the city and the authority\nproviding for the property to be conveyed by the city to the authority,\nthe additional property to be acquired by the city and so conveyed, the\nstreets, roads, parkways, avenues, and highways to be closed by the city\nand the amounts, terms and conditions of payment to be made by the\nauthority. Such contracts may also contain covenants by the city as to\nthe road, street, parkway, avenue and highway improvements to be made by\nthe city. Any such contracts between the city and the authority may be\npledged by the authority to secure its bonds and may not be modified\nthereafter except as provided by the terms of the pledge. The common\ncouncil may authorize such contracts between the city and the authority\nand no other authorization on the part of the city for such contracts\nshall be necessary. Any such contracts may be so authorized and entered\ninto by the city and in such manner as the common council may determine,\nand the payments required to be made by the city may be made and\nfinanced notwithstanding that no provision therefor shall have first\nbeen made in the capital budget of the city. All contractual or other\nobligations of the city incurred in carrying out the provisions of this\ntitle shall be included in and provided for by each capital budget of\nthe city thereafter made, if and to the extent that they may\nappropriately be included therein.\n  4. The authority may itself acquire real property for a project in the\nname of the city at the cost and expense of the authority by purchase or\ncondemnation pursuant to the condemnation law or pursuant to the laws\nrelating to the condemnation of land by the city. The authority shall\nhave the use and occupancy of such real property so long as its\ncorporate existence shall continue.\n  5. In case the authority shall have the use and occupancy of any real\nproperty which it shall determine is no longer required for a project\nthen, if such real property was acquired at the cost and expense of the\ncity, the authority shall have power to surrender its use and occupancy\nthereof to the city, or, if such real property was acquired at the cost\nand expense of the authority, then the authority shall have power to\nsell, lease or otherwise dispose of said real property and shall retain\nand have the power to use the proceeds of sale, rentals or other moneys\nderived from the disposition thereof for its purposes.\n
N.Y. SOS Law § 364-JJ — New York Code / Act SOS / Article 5 / Title 11 / Section 364-JJ
Special advisory review panel on Medicaid managed care
Status: in_force

* § 364-jj. Special advisory review panel on Medicaid managed care.\n(a) There is hereby established a special advisory review panel on\nMedicaid managed care. The panel shall consist of sixteen members who\nshall be appointed as follows: six by the governor, one of which shall\nserve as the chair; four each by the temporary president of the senate\nand the speaker of the assembly; and one each by the minority leader of\nthe senate and the minority leader of the assembly. At least three\nmembers of such panel shall be members of the joint advisory panel\nestablished under section 13.40 of the mental hygiene law. The panel\nshall include a consumer representative for individuals with behavioral\nhealth needs, a consumer representative for individuals who are dually\neligible for medicare and Medicaid, a representative of entities that\nprovide or arrange for the provision of services to individuals with\nbehavioral health needs, and a representative of entities that provide\nor arrange for the provision of services to individuals who are dually\neligible for medicare and Medicaid. Members shall serve without\ncompensation but shall be reimbursed for appropriate expenses. The\ndepartment shall provide technical assistance and access to data as is\nrequired for the panel to effectuate the mission and purposes\nestablished herein.\n  (b) The panel shall:\n  (i) determine whether there is sufficient managed care provider\nparticipation in the Medicaid managed care program;\n  (ii) determine whether managed care providers meet proper enrollment\ntargets that permit as many Medicaid recipients as possible to make\ntheir own health plan decisions, thus minimizing the number of automatic\nassignments;\n  (iii) review the phase-in schedule for enrollment, of managed care\nproviders under both the voluntary and mandatory programs;\n  (iv) assess the impact of managed care provider marketing and\nenrollment strategies, and the public education campaign conducted in\nNew York city, on enrollees participation in Medicaid managed care\nplans;\n  (v) evaluate the adequacy of managed care provider capacity by\nreviewing established capacity measurements and monitoring actual access\nto plan practitioners;\n  (vi) examine the cost implications of populations excluded and\nexempted from Medicaid managed care;\n  (vii) evaluate the adequacy and appropriateness of program materials;\n  (viii) examine trends in service denials;\n  (ix) assess the access to care for people with disabilities;\n  (x) in accordance with the recommendations of the joint advisory\ncouncil established pursuant to section 13.40 of the mental hygiene law,\nadvise the commissioners of health and developmental disabilities with\nrespect to the oversight of DISCOs and of health maintenance\norganizations and managed long term care plans providing services\nauthorized, funded, approved or certified by the office for people with\ndevelopmental disabilities, and review all managed care options provided\nto persons with developmental disabilities, including: the adequacy of\nsupport for habilitation services; the record of compliance with\nrequirements for person-centered planning, person-centered services and\ncommunity integration; the adequacy of rates paid to providers in\naccordance with the provisions of paragraph 1 of subdivision four of\nsection forty-four hundred three of the public health law, paragraph\n(a-2) of subdivision eight of section forty-four hundred three of the\npublic health law or paragraph (a-2) of subdivision twelve of section\nforty-four hundred three-f of the public health law; and the quality of\nlife, health, safety and community integration of persons with\ndevelopmental disabilities enrolled in managed care; and\n  (xi) examine other issues as it deems appropriate.\n  (c) Commencing January first, nineteen hundred ninety-seven and\nquarterly thereafter the panel shall submit a report regarding the\nstatus of Medicaid managed care in the state and provide recommendations\nif it deems appropriate to the governor, the temporary president and the\nminority leader of the senate, and the speaker and the minority leader\nof the assembly.\n  * NB Effective until December 31, 2027\n  * § 364-jj. Special advisory review panel on Medicaid managed care.\n(a) There is hereby established a special advisory review panel on\nMedicaid managed care. The panel shall consist of nine members who shall\nbe appointed as follows: three by the governor, one of which shall serve\nas the chair; two each by the temporary president of the senate and the\nspeaker of the assembly; and one each by the minority leader of the\nsenate and the minority leader of the assembly. All members shall be\nappointed no later than September first, nineteen hundred ninety-six.\nMembers shall serve without compensation but shall be reimbursed for\nappropriate expenses. The department shall provide technical assistance\nand access to data as is required for the panel to effectuate the\nmission and purposes established herein.\n  (b) The panel shall:\n  (i) determine whether there is sufficient managed care provider\nparticipation in the Medicaid managed care program;\n  (ii) determine whether managed care providers meet proper enrollment\ntargets that permit as many Medicaid recipients as possible to make\ntheir own health plan decisions, thus minimizing the number of automatic\nassignments;\n  (iii) review the phase-in schedule for enrollment, of managed care\nproviders under both the voluntary and mandatory programs;\n  (iv) assess the impact of managed care provider marketing and\nenrollment strategies, and the public education campaign conducted in\nNew York city, on enrollees participation in Medicaid managed care\nplans;\n  (v) evaluate the adequacy of managed care provider capacity by\nreviewing established capacity measurements and monitoring actual access\nto plan practitioners;\n  (vi) examine the cost implications of populations excluded and\nexempted from Medicaid managed care; and\n  (vii) examine other issues as it deems appropriate.\n  (c) Commencing January first, nineteen hundred ninety-seven and\nquarterly thereafter the panel shall submit a report regarding the\nstatus of Medicaid managed care in the state and provide recommendations\nif it deems appropriate to the governor, the temporary president and the\nminority leader of the senate, and the speaker and the minority leader\nof the assembly.\n  * NB Effective December 31, 2027\n
N.Y. PBA Law § 1299-J — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-J
Reserve funds and appropriations
Status: in_force

§ 1299-j. Reserve funds and appropriations. 1. The authority may\ncreate and establish one or more reserve funds to be known as debt\nservice reserve funds and may pay into such debt service reserve funds\n(a) any monies appropriated and made available by the state for the\npurposes of such funds, (b) any proceeds of sale of notes or bonds to\nthe extent provided in the resolution of the authority authorizing the\nissuance thereof, and (c) any other monies which may be made available\nto the authority for the purpose of such funds from any other source or\nsources. The monies held in or credited to any debt service reserve fund\nestablished under this section, except as hereinafter provided, shall be\nused solely for the payment of the principal of bonds of the authority\nsecured by such debt service reserve fund as the same mature, the\npurchase of such bonds of the authority, the payment of interest on such\nbonds of the authority or the payment of any redemption premium required\nto be paid when such bonds are redeemed prior to maturity; provided,\nhowever, that the authority shall have power to provide that monies in\nany such fund shall not be withdrawn therefrom at any time in such\namount as would reduce the amount of such fund to less than the maximum\namount of principal and interest maturing and becoming due in any\nsucceeding calendar year or years not exceeding two such years on the\nbonds of the authority then outstanding and secured by such debt service\nreserve fund, except for the purpose of paying principal of and interest\non such bonds of the authority secured by such debt service reserve fund\nmaturing and becoming due and for the payment of which other monies of\nthe authority are not available. Any income or interest earned by, or\nincrement to, any such debt service reserve fund due to the investment\nthereof may be transferred by the authority to any other fund or account\nof the authority and the authority shall have power to provide that any\nsuch transfer shall not reduce the amount of such debt service reserve\nfund below the maximum amount of principal and interest maturing and\nbecoming due in any succeeding calendar year or years not exceeding two\nsuch years on all bonds of the authority then outstanding and secured by\nsuch debt service reserve fund.\n  2. The authority shall have power to provide that it shall not issue\nbonds at any time if the maximum amount of principal and interest\nmaturing and becoming due in any succeeding calendar year or years not\nexceeding two such years on the bonds outstanding and then to be issued\nand secured by a debt service reserve fund will exceed the amount of\nsuch debt service reserve fund at the time of issuance, unless the\nauthority, at the time of the issuance of such bonds, shall deposit in\nsuch debt service reserve fund from the proceeds of the bonds so to be\nissued, or otherwise, an amount which, together with the amount then in\nsuch debt service reserve fund, will be not less than the maximum amount\nof principal and interest maturing and becoming due in any such\nsucceeding calendar year or years not exceeding two such years on the\nbonds then to be issued and on all other bonds of the authority then\noutstanding and secured by such debt service reserve fund.\n  3. In computing the amount of any debt service reserve fund for the\npurposes of this section, securities in which all or a portion of such\nfund shall be invested shall be valued at par, or if purchased at less\nthan par, at their cost to the authority.\n
N.Y. PBA Law § 1275 — New York Code / Act PBA / Article 5 / Title 11 / Section 1275
Exemption from taxation
Status: in_force

§ 1275. Exemption from taxation. It is hereby found, determined and\ndeclared that the creation of the authority and the carrying out of its\npurposes is in all respects for the benefit of the people of the state\nof New York and for the improvement of their health, welfare and\nprosperity and is a public purpose, and that the authority will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title. Without limiting the generality\nof the following provisions of this section, property owned by the\nauthority, property leased by the authority and used for transportation\npurposes, and property used for transportation purposes by or for the\nbenefit of the authority exclusively pursuant to the provisions of a\njoint service arrangement or of a joint facilities agreement or trackage\nrights agreement shall all be exempt from taxation and special ad\nvalorem levies. The authority shall be required to pay no fees, taxes or\nassessments, whether state or local, including but not limited to fees,\ntaxes or assessments on real estate, franchise taxes, sales taxes or\nother excise taxes, upon any of its property, or upon the use thereof,\nor upon it activities in the operation and maintenance of its facilities\nor on any fares, tolls, rentals, rates, charges or other fees, revenues\nor other income received by the authority and the bonds of the authority\nand the income therefrom shall at all times be exempt from taxation,\nexcept for gift and estate taxes and taxes on transfers.  This section\nshall constitute a covenant and agreement with the holders of all bonds\nissued by the authority. The terms "taxation" and "special ad valorem\nlevy" shall have the same meanings as defined in section one hundred two\nof the real property tax law and the term "transportation purposes"\nshall have the same meaning as used in titles two-a and two-b of article\nfour of such law.\n
N.Y. ENV Law § 11-1105 — New York Code / Act ENV / Article 11 / Title 11 / Section 11-1105
Procedure
Status: in_force

§ 11-1105. Procedure.\n  1. Traps set for taking wildlife shall bear the name and residence\naddress or the assigned identification number of the operator legibly at\nall times, provided, that state, county and municipal law enforcement\nagencies shall have access to the name, address and telephone number of\nsuch operator who was assigned such identification number. They shall be\nvisited once in each twenty-four hours, except in the Northern Zone\nwhere they shall be visited once in each forty-eight hours or a shorter\ninterval of no less than twenty-four hours as the department may, by\nregulation, require, and all wildlife held captive shall immediately be\nremoved from the traps.\n  2. Wildlife lawfully taken alive in traps may be killed in any manner,\nexcept that where the taking is pursuant to a permit or special license,\nit may not be killed in violation of any term of such permit or license.\n
N.Y. ENV Law § 15-1113 — New York Code / Act ENV / Article 15 / Title 11 / Section 15-1113
Existing rights and remedies preserved; limitations
Status: in_force

§ 15-1113. Existing rights and remedies preserved; limitations.\n  1. Nothing in title 11 of this article is intended to or shall be\nconstrued to alter, impair, diminish or enlarge any existing or\nhereafter acquired public or private right, riparian or otherwise, or to\ncreate any new public or private right, riparian or otherwise, with\nreference to water resources and the use of the waters thereof and such\nrights hereby preserved shall include, but not be limited to any such\nright of the state or any agency thereof or any person or public\ncorporation. Any reference in this section to a public or private right\nwith reference to water resources and the use of the waters thereof\nshall include, but shall not be limited to, any right to receive,\ncollect, store, control, transmit, consume, supply, sell, discharge or\ndispose of water, any right to own, construct, operate and maintain any\nwater supply or water treatment facilities, including reservoirs, dams,\naqueducts, chlorinating and aeration plants and pumping stations, and\nany right to exercise control over the level, flow, discharge or\ndisposition of waters, including water in reservoirs, rivers, streams\nand aqueducts.\n  2. Nothing in title 11 of this article is intended to alter or abridge\nany right of action or other remedy now or hereafter existing nor shall\nany act done by virtue of title 11 of this article be construed as\nestopping the exercise of such rights.\n  3. Nothing in title 11 of this article shall be held to repeal, limit\nor modify the jurisdiction, powers and duties of any state or local\ndepartment, board, district, commission or authority, or any public\ncorporation, or other agency, now or hereafter possessed, or to\ninvalidate or modify, in whole or in part, any decision, order, license,\npermit, approval, or other act, issued or taken heretofore or hereafter\nby such department, board, district, commission, authority, or public\ncorporation or other agency, or to nullify, abate or otherwise affect\nany rights acquired or action taken heretofore or hereafter pursuant to\nsuch decision, order, license, permit, approval, or other act.\n  4. Nothing in title 11 of this article shall be construed as requiring\nthat a plan hereunder be approved for any region before any project\nutilizing, affecting or involving the water resources of such region in\nwhole or in part may be authorized, approved, initiated or carried out\nwithin or without such region.\n
N.Y. PBA Law § 1270-D — New York Code / Act PBA / Article 5 / Title 11 / Section 1270-D
Consolidated financings
Status: in_force

§ 1270-d. Consolidated financings. 1. Notwithstanding any inconsistent\nprovisions of this or any other law, general, special or local, the\nauthority may issue its notes, bonds and other obligations to finance\ntransportation facilities, including transit projects and Triborough\nbridge and tunnel authority projects, utilizing a consolidated pledge of\nall or any portion of the revenues and other monies and assets of the\nauthority and its subsidiaries, New York city transit authority and its\nsubsidiaries, and Triborough bridge and tunnel authority, together with\nthose other sources of payment described in this section. In connection\ntherewith, at its discretion, the authority, subject to the rights of\nthe holders of notes, bonds or other obligations of the authority, New\nYork city transit authority or Triborough bridge and tunnel authority,\nmay (a) agree with the New York city transit authority or Triborough\nbridge and tunnel authority that any such entity will deposit all or any\nportion of the revenues, other monies and assets received by it or its\nsubsidiaries into one or more funds or accounts, and (b) deposit or\ncause to be deposited into one or more funds and accounts (i) all or any\nportion of the revenues, other monies and assets received by the\nauthority and its subsidiaries, (ii) all or any portion of the annual\noperating surplus of Triborough bridge and tunnel authority as certified\npursuant to paragraph (b) of subdivision two of section twelve hundred\nnineteen-a of this article, (iii) all or any portion of the amounts from\nthe operating and capital costs account of the metropolitan\ntransportation authority dedicated tax fund required to be distributed\nto New York city transit authority and the commuter railroad\nsubsidiaries of the authority under the provisions of section twelve\nhundred seventy-c of this title, (iv) all or any portion of the\navailable monies in the transit account of the metropolitan\ntransportation authority special assistance fund established under the\nprovisions of section twelve hundred seventy-a of this title available\nfor payment of operating and capital costs of New York city transit\nauthority and its subsidiaries and Staten Island rapid transit operating\nauthority as provided in subdivision two of section twelve hundred\nseventy-a of this title, (v) all or any portion of the available monies\nin the commuter railroad account of the metropolitan transportation\nauthority special assistance fund established under the provisions of\nsection twelve hundred seventy-a of this title available for payment of\noperating and capital costs of Long Island Rail Road company and\nMetro-North commuter railroad company as provided in subdivision three\nof section twelve hundred seventy-a of this title, (vi) all or any\nportion of the available monies in the corporate transportation account\nof the metropolitan transportation authority special assistance fund\nestablished under the provisions of section twelve hundred seventy-a of\nthis title available for use by the authority for payment of operating\ncosts of, and capital costs, including debt service and reserve\nrequirements, if any, of or for the authority, the New York city transit\nauthority and their subsidiaries as provided in paragraph (a) of\nsubdivision four of section twelve hundred seventy-a of this title, and\n(vii) any other monies of the authority, its subsidiaries, the New York\ncity transit authority and its subsidiaries, and the Triborough bridge\nand tunnel authority from any source whatsoever.\n  2. Amounts so deposited in such funds or accounts may be (a) pledged\nby the authority to secure, and be applied to, the payment of its bonds,\nnotes or other obligations issued to finance transportation facilities\nundertaken for the authority and its subsidiaries, transportation\nfacilities, including transit projects, undertaken for New York city\ntransit authority and its subsidiaries, and Triborough bridge and tunnel\nauthority projects undertaken for Triborough bridge and tunnel\nauthority, and (b) used for payment of operating costs, and capital\ncosts, including debt service, reserve requirements, if any, the payment\nof amounts required under bond, note or other financing facilities or\nagreements, and the payment of all costs related to such obligations, of\nor for the authority and its subsidiaries, and the New York city transit\nauthority and its subsidiaries as the authority in its full discretion\nshall determine. To the extent moneys so deposited have been pledged by\nthe authority to secure and pay its bonds, notes or other obligations as\nherein provided, such moneys shall first be applied to satisfy the\nrequirements of any debt service or reserve requirements of the\nresolution or resolutions or other contractual arrangements authorizing\nsuch bonds, notes or other obligations. After satisfaction of such\nrequirements of any such resolution, resolutions, or other contractual\narrangements or if the authority has not so pledged such moneys, such\nmoneys so deposited, subject to the provisions of any other resolutions\nor contractual arrangements of the authority and the New York city\ntransit authority and applicable provisions of law, may be transferred\nto or for the benefit of the authority and its subsidiaries and New York\ncity transit authority and its subsidiaries. Revenues and other monies\nof the authority and its subsidiaries and New York city transit\nauthority and its subsidiaries, respectively, which are deposited in the\nfunds or accounts authorized by this section, as reduced by any\napplication of such revenues or monies to the payment of debt service,\nreserve requirements, if any, and other costs attributable to the\nfunding of the capital costs of such entity, shall be allocated,\ncredited and distributed to such source entity. Any other revenues or\nmonies which are deposited in the funds or accounts authorized by this\nsection which are required by law to be allocated or paid to the\nauthority or its subsidiaries or New York city transit authority or its\nsubsidiaries, shall be allocated or paid to the entity to which it is\nrequired to be allocated or paid by law after reduction by an amount\nequal to the portion thereof applied to the payment of debt service,\nreserve requirements, if any, and other costs attributable to the\nfunding of the capital costs of such entity. In determining the amount\nof debt service, reserve requirements, if any, and other costs\nattributable to the authority and its subsidiaries and the New York city\ntransit authority and its subsidiaries, the authority shall make such\ncalculation based upon the percentage of the proceeds of the bonds,\nnotes and other obligations expended for the capital costs attributable\nto each such entity. The authority may utilize any interim allocation of\nsuch distributions, provided that within ninety days after the end of\neach calendar year, the authority shall certify to the director of the\nbudget, the chairperson of the senate finance committee and the\nchairperson of the assembly ways and means committee, that the aggregate\namount of monies transferred to each of the authority and its\nsubsidiaries, and New York city transit authority and its subsidiaries\nin respect of such calendar year, taking into account any interagency\nrepayments or reimbursements anticipated to be made in the next\nsucceeding calendar year, is not less than the amounts required to be\npaid or transferred to such entities.\n  3. For the purpose of appropriately aligning and allocating the\nultimate responsibility for debt service among and between the authority\nand its subsidiaries, New York city transit authority and its\nsubsidiaries, or Triborough bridge and tunnel authority (each, an\n"affiliated group"), and except as otherwise authorized or required by\nlaw, in connection with the application of revenues, subsidies or other\nmonies or securities of an affiliated group to pay the debt service\nattributable to bonds, notes or other obligations which provide funding\nof the capital costs of another affiliated group or to refund or redeem\nbonds, notes or other obligations the proceeds of which were used to\nfund the capital costs of another affiliated group, the affiliated group\nfor whose benefit debt service is paid or obligations refunded or\nredeemed, shall repay, through payments, adjustments or other form of\nreconciliation, such amounts to the affiliated group that made such\npayments not later than the end of the next succeeding fiscal year,\nprovided, however, that in connection with any refunding or redemption\nof bonds, notes or other obligations, such repayment, adjustments or\nother form of reconciliation shall be completed within the period of the\napplicable capital program plan.\n
N.Y. SOS Law § 368-C — New York Code / Act SOS / Article 5 / Title 11 / Section 368-C
Audit of state rates of payment to providers of health care services
Status: in_force

§ 368-c. Audit of state rates of payment to providers of health care\nservices. 1. The commissioner may conduct, or have conducted, an audit\nof financial and statistical reports used for the purpose of\nestablishing rates of payment or fees made in accordance with the\nmedical assistance program.\n  2. The commissioner shall implement audit procedures and activities to\nenable the identification of the appropriate rates of payment made\nthrough the medical assistance program. Furthermore the commissioner\nshall conduct an annual review of financial and statistical reports with\nrespect to residential health care facilities certified pursuant to\narticle twenty-eight of the public health law. Where such review\nindicates substantial noncompliance, as defined in regulation by the\ncommissioner, with the requirements of the medical assistance program\nthe commissioner shall conduct or have conducted an on-site audit.\nProvided further however, that at least once every four fiscal years an\non-site audit shall be conducted.\n  3. To allow for the recomputation of affected fees or rates of\npayment, the commissioner shall, as appropriate, supply audit findings\nto the governmental agency or corporation organized and operating in\naccordance with article forty-three of the insurance law responsible for\nthe promulgation of fees or rates of reimbursement.\n  4. The commissioner shall enter into interagency agreements, subject\nto the approval of the director of the budget, to delineate the\nrespective responsibilities of the department and other governmental\nagencies with respect to this section.\n  5. The commissioner is authorized to promulgate regulations to\nimplement the provisions of this section.\n
N.Y. PBA Law § 1279-D — New York Code / Act PBA / Article 5 / Title 11 / Section 1279-D
Supplemental revenue reporting program
Status: in_force

§ 1279-d. Supplemental revenue reporting program. 1. On or before\nJanuary first, two thousand nineteen, the authority shall develop a\nsupplemental revenue reporting program. Such program shall provide a\ndetailed accounting of the amount spent from supplemental revenues on\nactions, measures or projects undertaken to reduce major incidents that\nhave been found to cause delays to the New York city subway system,\nincluding but not limited to: track incidents; signal failure; persons\non the track; police and medical activity; structural and electrical\nproblems; and broken traincar equipment. The information described in\nthis subdivision, including the spending details and the associated\ncategory of major incident, shall be updated quarterly and be\nprominently posted together on the authority's website.\n  2. Definitions. For purposes of this section, "supplemental revenues"\nshall include any funds appropriated by the state or the city of New\nYork to support the NYC subway action plan approved by the board of the\nauthority and any revenues received pursuant to section twelve hundred\nninety-nine-H of the tax law.\n
N.Y. ENV Law § 17-1105 — New York Code / Act ENV / Article 17 / Title 11 / Section 17-1105
Conflicting laws
Status: in_force

§ 17-1105. Conflicting laws.\n  Titles 1 to 11, inclusive, and title 19 of this article shall not be\nconstrued as repealing any of the laws relating to the pollution of the\nwaters of the state not herein expressly repealed, but shall be held and\nconstrued as ancillary to and supplementing the same and in addition to\nthe laws now in force, except as the same may be in direct conflict\nherewith.\n
N.Y. LFN Law § 153.00 — New York Code / Act LFN / Article 2 / Title 11 / Section 153.00
Authorization for municipality to assign for collateral or pledge its mortgage interest
Status: in_force

§ 153.00 Authorization for municipality to assign for collateral or\npledge its mortgage interest.  Any municipality shall be authorized to\nassign for collateral or pledge as security for any of its bonds, notes\nor other obligations its mortgage interest in a project constructed\npursuant to article two of the private housing finance law to the state\nor to any political subdivision thereof.\n
N.Y. ENV Law § 9-1119 — New York Code / Act ENV / Article 9 / Title 11 / Section 9-1119
Use of protective devices
Status: in_force

§ 9-1119. Use of protective devices.\n  1. Employees of a railroad which operates through forest lands shall\nat all times use in a proper and effective manner the fire protective\nappliances provided by such railroad.\n  2. No locomotive operating through forest lands shall be operated\nunless equipped with fire protective devices of ash pan and front end\nwhich have been approved by the department. Such devices shall be\nmaintained and properly used.\n
N.Y. PBA Law § 1323 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1323
Effect of inconsistent provisions
Status: in_force

§ 1323. Effect of inconsistent provisions. Insofar as the provisions\nof this title are inconsistent with the provisions of any other law,\ngeneral, special or local, the provisions of this title shall be\ncontrolling.\n
N.Y. ENV Law § 71-1131 — New York Code / Act ENV / Article 71 / Title 11 / Section 71-1131
Violations; criminal liability
Status: in_force

§ 71-1131. Violations; criminal liability.\n  Except as otherwise specifically provided, any person who violates any\nof the provisions of article 15 of this chapter, or any rule, regulation\nor order promulgated pursuant thereto, or the terms of any permit issued\nthereunder shall be guilty of a violation punishable by a fine of not\nmore than five hundred dollars.\n
N.Y. PBA Law § 1960 — New York Code / Act PBA / Article 8 / Title 11 / Section 1960
Agreements of the city and state
Status: in_force

§ 1960. Agreements of the city and state. The city is authorized to,\nand the state does hereby, pledge to and agree with the holders of the\nbonds that neither the city nor the state, respectively, will limit or\nalter the rights, hereby vested in the authority to acquire, construct,\nreconstruct, improve, maintain, equip and finish the project or\nprojects, to establish and collect rentals, fees and other charges and\nto fulfill the terms of any agreements made with the holders of the\nbonds, nor in any way impair the rights and remedies of the bondholders,\nuntil the bonds, together with interest thereon, with interest on any\nunpaid installments of interest and all costs and expenses in connection\nwith any action or proceeding by or on behalf of the bondholders, are\nfully met and discharged.\n
N.Y. PBA Law § 1339 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1339
Remedies of noteholders and bondholders
Status: in_force

§ 1339. Remedies of noteholders and bondholders. 1. In the event that\nthe authority shall default in the payment of principal of or interest\non any issue of notes or bonds after the same shall become due, whether\nat maturity or upon call for redemption, and such default shall continue\nfor a period of thirty days, or in the event that the authority shall\nfail or refuse to comply with the provisions of this title or shall\ndefault in any agreement made with the holders of any issue of notes or\nbonds, the holders of twenty-five per centum in aggregate principal\namount of the notes or bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of any county\nin which the authority operates and has an office and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such notes or bonds for the purposes\nherein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such notes or bonds then\noutstanding shall, in his or its own name:\n  (a) by suit, action or proceeding in accordance with the civil\npractice law and rules, enforce all rights of the noteholders or\nbondholders, including the right to require the authority to collect\nfares, tolls, rentals, rates, charges and other fees adequate to carry\nout any agreement as to, or pledge of, such fares, tolls, rentals,\nrates, charges and other fees and to require the authority to carry out\nany other agreements with the holders of such notes or bonds and to\nperform its duties under this title;\n  (b) bring suit upon such notes or bonds;\n  (c) by action or suit, require the authority to account as if it were\nthe trustee of an express trust for the holders of such notes or bonds;\n  (d) by action or suit, enjoin any acts or things which may be unlawful\nor in violation of the rights of the holders of such notes or bonds;\n  (e) declare all such notes or bonds due and payable, and if all\ndefaults shall be made good, then, with the consent of the holders of\ntwenty-five per centum of the principal amount of such notes or bonds\nthen outstanding, to annul such declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders or noteholders in the enforcement and\nprotection of their rights.\n  4. The supreme court shall have jurisdiction of any suit, action or\nproceedings by the trustee on behalf of such noteholders or bondholders.\nThe venue of any such suit, action or proceeding shall be laid in the\ncounty in which the instrument or instruments are filed in accordance\nwith subdivision one of this section.\n  5. Before declaring the principal of notes or bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\ngovernor, to the authority, to the comptroller and to the attorney\ngeneral of the state.\n
N.Y. PBA Law § 1264 — New York Code / Act PBA / Article 5 / Title 11 / Section 1264
Purposes of the authority
Status: in_force

§ 1264. Purposes of the authority. 1. The purposes of the authority\nshall be the continuance, further development and improvement of\ncommuter transportation and other services related thereto within the\nmetropolitan commuter transportation district, including but not limited\nto such transportation by railroad, omnibus, marine and air, in\naccordance with the provisions of this title. It shall be the further\npurpose of the authority, consistent with its status as the ex officio\nboard of both the New York city transit authority and the triborough\nbridge and tunnel authority, to develop and implement a unified mass\ntransportation policy for such district in an efficient and\ncost-effective manner that includes the use of design-build contracting\non all projects over two hundred million dollars in cost for new\nconstruction and all projects over four hundred million dollars in cost\nfor projects that are predominantly rehabilitation or replacement of\nexisting assets except where a waiver is granted by the New York state\nbudget director pursuant to a request in writing from the metropolitan\ntransportation authority. For purposes of granting a waiver pursuant to\nthis section, such review shall consider whether the design build\ncontracting method is appropriate for the project that such waiver is\nsought for, and the amount of savings and efficiencies that could be\nachieved using such method. The determination for such waiver shall be\nmade in writing within forty-five days from request or shall be deemed\ngranted.\n  2. It is hereby found and declared that such purposes are in all\nrespects for the benefit of the people of the state of New York and the\nauthority shall be regarded as performing an essential governmental\nfunction in carrying out its purposes and in exercising the powers\ngranted by this title.\n
N.Y. PBA Law § 1967 — New York Code / Act PBA / Article 8 / Title 11 / Section 1967
Termination of the authority
Status: in_force

§ 1967. Termination of the authority. Whenever all of the bonds issued\nby the authority shall have been redeemed or cancelled, and all\nstraight-lease transactions have been terminated, the authority shall\ncease to exist and all rights, titles, and interest and all obligations\nand liabilities thereof vested in or possessed by the authority shall\nthereupon vest in and be possessed by the city of Troy.\n
N.Y. PBA Law § 1596-R — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-R
Title not affected if in part unconstitutional or ineffective
Status: in_force

§ 1596-r. Title not affected if in part unconstitutional or\nineffective.  If any section, clause or provision of this title shall be\nunconstitutional or be ineffective in whole or in part, to the extent\nthat it is not unconstitutional or ineffective, it shall be valid and\neffective and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n
N.Y. ENV Law § 27-1105 — New York Code / Act ENV / Article 27 / Title 11 / Section 27-1105
Siting industrial hazardous waste facilities
Status: in_force

§ 27-1105. Siting industrial hazardous waste facilities.\n  1. After the publication of siting criteria pursuant to subdivision\none of section 27-1103 of this title, no person may commence\nconstruction or operation of the following industrial hazardous waste\ntreatment, storage and disposal facilities, hereinafter referred to as\n"facility", without having received a certificate of environmental\nsafety and public necessity from the facility siting board as\nhereinafter provided: (a) any new off-site facility;\n  (b) any new commercial facility, wherever situated;\n  (c) any new incineration facility, wherever situated;\n  (d) any new land disposal facility, wherever situated; and\n  (e) any expansion, wherever situated, of the aggregate land disposal\ncapacity of an existing land disposal facility.\n  2. Notwithstanding the provisions of subdivision one of this section,\nthe following industrial hazardous waste treatment, storage and disposal\nfacilities shall not be subject to the provisions of this title:\n  (a) A facility that does not require permits pursuant to title nine of\nthis article;\n  (b) A land disposal facility located at the site of an existing land\ndisposal facility where both the existing facility is or was and the\nproposed facility will be used solely for the disposal of\nnon-incinerable residues from the on-site thermal destruction or\nchemical or aqueous treatment of wastes generated at the site of such\nfacilities;\n  (c) A facility that has been determined by the department to have no\nsignificant environmental impact pursuant to article eight of this\nchapter; and\n  (d) Additional facilities, other than land disposal facilities, to be\nlocated at the site of an existing facility, the operation of which will\nbe substantially similar to that of the existing facility with respect\nto the mode of waste management and the type and quantity of hazardous\nwaste being managed.\n  3. To obtain the certificate of environmental safety and public\nnecessity required pursuant to subdivision one of this section, the\nfollowing procedures shall be followed:\n  (a) An application must be submitted to the department in the form\nrequired pursuant to subdivisions one and three of section 27-1103 of\nthis title.\n  (b) On or before fifteen calendar days after the receipt of such\napplication, the department shall mail written notice to the applicant\nwhether or not the application is complete. If the application is not\ncomplete, the provisions of paragraphs (c) and (d) of subdivision one of\nsection 70-0109 of this chapter shall be applicable. If, or when, the\napplication is complete, the department shall, concurrent with\nnotification to the applicant, send the application and written notice\nto the office of the governor requesting that a facility siting board be\nconstituted consistent with this subdivision.\n  (c) Immediately upon determining that an application is complete, the\ndepartment shall cause a notice of application to be published in the\nnext available environmental notice bulletin which shall be not later\nthan ten calendar days after the date of such notice and shall provide\nnotice to the chief executive officer of each municipality in which the\nproposed project is located, and may direct the applicant to provide\nsuch reasonable notice and opportunity for comment to the public as the\ndepartment deems appropriate. Such notice shall also be given to all\nproperty owners of record within three hundred feet of the subject\nfacility. In addition, notice shall be published in at least two\nnewspapers having a general circulation in the area in which the\nproposed activity is located, and in contiguous areas potentially\naffected by the proposed action.\n  (d) On or before fifteen calendar days after the receipt of such\nnotification the governor shall constitute a facility siting board to be\ncomposed of the commissioners of transportation, environmental\nconservation, health and commerce, the secretary of state and three ad\nhoc members appointed by the governor, two of whom must be residents of\nthe county in which the facility is primarily proposed to be located.\nThe three ad hoc members shall be employees of the state for the\npurposes of section seventeen of the public officers law. Each of the\nthree ad hoc members shall receive the sum of two hundred dollars for\neach day in which he is actually engaged in the performance of his\nduties herein plus actual and necessary expenses incurred by him in the\nperformance of such duties. The terms of the ad hoc members shall\ncontinue until a final determination has been made in the particular\nproceeding for which they were appointed. Each ex officio member of the\nboard may by written instrument filed with the board designate an\nemployee or officer of his department to act on his behalf relating to\nany or all business of the board. Five of the eight persons on the board\nshall constitute a quorum for the transaction of any business of the\nboard, and the decision of five members of the board shall constitute\naction of the board. In addition to the requirements of the public\nofficers law, no person shall be eligible to be an appointee of the\ngovernor to the board who holds another state or local office. The\ngovernor shall appoint the chairman of the board and the commissioner of\nenvironmental conservation shall make staff available to support the\nboard in carrying out its responsibilities.\n  (e) The commissioner of the department of environmental conservation\nshall appoint a hearing officer who shall conduct an adjudicatory public\nhearing upon the application. Such hearing shall commence on or before\nsixty calendar days after the facility siting board is constituted. Such\nhearing shall be preceded by public notice, in the same form and manner\nas provided in paragraph (c) of this subdivision, published not less\nthan thirty days prior to such hearing. The members of the board may at\ntheir option participate in the adjudicatory hearing. Such participation\nmay include, but is not limited to, examination of witnesses and\nrequesting the production of documents or witnesses.\n  (f) The board shall render a decision based upon the record either\ngranting the application, denying it, or granting it upon such terms,\nconditions, limitations, or modifications thereof as the board may deem\nappropriate. The board shall deny an application to construct or operate\na facility if residential areas and contiguous populations will be\nendangered, if it otherwise does not conform to the siting criteria\nestablished for such facility pursuant to section 27-1103 of this title\nor, upon final adoption of the statewide hazardous waste facility siting\nplan established pursuant to section 27-1102 of this title, if it is not\nconsistent with such plan or if the need for such facility is not\nidentified in such plan and the board finds that the facility is not\notherwise necessary or in the public interest.\n  (g) The board shall make the final decision on an application for a\ncertificate of environmental safety pursuant to this title, upon the\nrecord made before the hearing officer, after receiving briefs from the\nparties to the hearing and exceptions to the recommended decision of\nsuch hearing officer and after hearing such oral argument as the board\nshall determine to be necessary. The chairman of the facility siting\nboard shall mail its decision to the applicant, to the department, and\nto all parties to the hearing on or before sixty calendar days after\nreceipt by the board of a complete record, as that term is defined in\nparagraphs (a) through (e) of subdivision one of section 302 of the\nstate administrative procedure act.\n  (h) The provisions of article 70 of this chapter shall apply to\napplications pursuant to this title, to the extent such provisions are\nnot inconsistent herewith.\n
N.Y. PBA Law § 1336 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1336
Reserve funds and appropriations
Status: in_force

§ 1336. Reserve funds and appropriations. 1. The authority may create\nand establish one or more reserve funds to be known as debt service\nreserve funds and may pay into such debt service reserve funds (a) any\nmoneys appropriated and made available by the state for the purposes of\nsuch funds, (b) any proceeds of sale of notes or bonds to the extent\nprovided in the resolution of the authority authorizing the issuance\nthereof, and (c) any other moneys which may be made available to the\nauthority for the purpose of such funds from any other source or\nsources. The moneys held in or credited to any debt service reserve fund\nestablished under this section, except as hereinafter provided, shall be\nused solely for the payment of the principal of bonds of the authority\nsecured by such debt service reserve fund as the same mature, the\npurchase of such bonds of the authority, the payment of interest on such\nbonds of the authority or the payment of any redemption premium required\nto be paid when such bonds are redeemed prior to maturity; provided,\nhowever, that the authority shall have power to provide that moneys in\nany such fund shall not be withdrawn therefrom at any time in such\namount as would reduce the amount of such fund to less than the maximum\namount of principal and interest maturing and becoming due in any\nsucceeding calendar year or years not exceeding two such years on the\nbonds of the authority then outstanding and secured by such debt service\nreserve fund, except for the purpose of paying principal of and interest\non such bonds of the authority secured by such debt service reserve fund\nmaturing and becoming due and for the payment of which other moneys of\nthe authority are not available. Any income or interest earned by, or\nincrement to, any such debt service reserve fund due to the investment\nthereof may be transferred by the authority to any other fund or account\nof the authority and the authority shall have power to provide that any\nsuch transfer shall not reduce the amount of such debt service reserve\nfund below the maximum amount of principal and interest maturing and\nbecoming due in any succeeding calendar year or years not exceeding two\nsuch years on all bonds of the authority then outstanding and secured by\nsuch debt service reserve fund.\n  2. The authority shall have power to provide that it shall not issue\nbonds at any time if the maximum amount of principal and interest\nmaturing and becoming due in any succeeding calendar year or years not\nexceeding two such years on the bonds outstanding and then to be issued\nand secured by a debt service reserve fund will exceed the amount of\nsuch debt service reserve fund at the time of issuance, unless the\nauthority, at the time of the issuance of such bonds, shall deposit in\nsuch debt service fund from the proceeds of the bonds so to be issued,\nor otherwise, an amount which, together with the amount then in such\ndebt service reserve fund, will be not less than the maximum amount of\nprincipal and interest maturing and becoming due in any such succeeding\ncalendar year or years not exceeding two such years on the bonds then to\nbe issued and on all other bonds of the authority then outstanding and\nsecured by such debt service reserve fund.\n  3. In computing the amount of any debt service reserve fund for the\npurposes of this section, securities in which all or a portion of such\nfund shall be invested shall be valued at par, or if purchased at less\nthan par, at their cost to the authority.\n
N.Y. PBA Law § 1299-WW — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-WW
Separability
Status: in_force

§ 1299-ww. Separability. If any provision of any section of this title\nor the application thereof to any person or circumstance shall be\nadjudged invalid by a court of competent jurisdiction, such order or\njudgment shall be confined in its operation to the controversy in which\nit was rendered, and shall not affect or invalidate the remainder of any\nprovision of any section of this title or the application of any part\nthereof to any other person or circumstance and to this end the\nprovisions of each section of this title are hereby declared to be\nseverable.\n
N.Y. PBA Law § 1299-XX — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-XX
Effect of inconsistent provisions
Status: in_force

§ 1299-xx. Effect of inconsistent provisions. Insofar as the\nprovisions of this title are inconsistent with the provisions of any\nother law, general, special or local, the provisions of this title shall\nbe controlling.\n
N.Y. PBA Law § 1262 — New York Code / Act PBA / Article 5 / Title 11 / Section 1262
Metropolitan commuter transportation district
Status: in_force

§ 1262. Metropolitan commuter transportation district. There is hereby\ncreated and established a commuter transportation district to be known\nas the metropolitan commuter transportation district which shall embrace\nthe city of New York and the counties of Dutchess, Nassau, Orange,\nPutnam, Rockland, Suffolk and Westchester, provided, however, that the\ndistrict shall not include a county that has withdrawn from the district\npursuant to section twelve hundred seventy-nine-b of this article.\n
N.Y. VAT Law § 2289 — New York Code / Act VAT / Title 11 / Article 48-B / Section 2289
Violations
Status: in_force

§ 2289. Violations. Any person who violates any provision of this\narticle or regulation adopted pursuant thereto shall be guilty of a\ntraffic infraction.\n
N.Y. PBA Law § 1325 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1325
Short title
Status: in_force

§ 1325. Short title. This title may be cited as the "Central New York\nRegional Transportation Authority Act".\n