N.Y. GMU Law § 593-A — New York Code / Act GMU / Article 15-B / Title 24 / Section 593-A
Pledge of tax revenues for payment of certain bonds of the Niagara Falls urban renewal agency
Status: in_force

§ 593-a. Pledge of tax revenues for payment of certain bonds of the\nNiagara Falls urban renewal agency. (a) As security for the payment of\nany issue of bonds to be issued by the Niagara Falls urban renewal\nagency to finance land acquisition and clearance, site improvements and\nparking construction in connection with the East Falls Street\nRedevelopment Project and/or bond anticipation notes issued in\nanticipation thereof, the city council of the city of Niagara Falls is\nhereby authorized to enact a local law pledging the total proceeds\nconsisting of net collections of all sales and compensating use taxes\nreceived by the city of Niagara Falls from taxes authorized pursuant to\nsection twelve hundred ten of the tax law and proceeds payable to the\ncity pursuant to section twelve hundred sixty-two of the tax law, or any\nsuccessor statutes thereto and directing the state comptroller to pay\nover such proceeds to the Niagara Falls sales tax fund pursuant to the\nprovisions of section ninety-two-t of the state finance law, or to the\ntrustee for the holders of such bonds pursuant to the certificate issued\nby such trustee pursuant to subdivision (d) of this section. The lien of\nsuch pledge shall be valid and binding upon the city and agency and\ntheir respective successors and assigns as against all parties having\nclaims of any kind in tort, contract or otherwise against the city or\nthe agency irrespective of whether such parties have notice thereof. The\nlien of such pledge shall inure to the benefit of the agency and its\nsuccessors and assigns including any owners of such bonds and notes to\nwhom such proceeds are pledged. The agency shall not issue any bonds or\nnotes in connection with such project in an amount in excess of\nthirty-five million dollars, plus a principal amount of bonds or notes:\n  (i) to fund any debt service reserve fund,\n  (ii) to provide capitalized interest,\n  (iii) to provide for original issue discount, and\n  (iv) to provide for the payment of fees and other charges and\nexpenses, including underwriters' discount, related to the issuance of\nsuch bonds or notes, or related to the provision of any applicable bond\nor note facilities, excluding refunding bonds.\n  Provided, however, that upon any refunding or repayment of such bonds\nor notes the total aggregate principal amount of outstanding bonds and\nnotes may be greater than thirty-five million dollars ($35,000,000) only\nif the present value of the aggregate debt service of the refunding or\nrepayment bonds to be issued shall not exceed the present value of the\naggregate debt service of the bonds so to be refunded or repaid. For\npurposes hereof, the present values of the aggregate debt service of the\nrefunding or repayment bonds and of the aggregate debt service of the\nbonds so refunded or repaid, shall be calculated by utilizing the\neffective interest rate of the refunding or repayment bonds, which shall\nbe that rate arrived at by doubling the semi-annual interest rate\n(compounded semi-annually) necessary to discount the debt service\npayments on the refunding or repayment bonds from the payment dates\nthereof to the date of issue of the refunding or repayment bonds and to\nthe price bid including estimated accrued interest or proceeds received\nby the agency including estimated accrued interest from the sale\nthereof.\n  Such local law shall be subject to the following limitations and\nconditions:\n  (i) Any such local law shall become effective on the date of issue of\nany bonds and/or bond anticipation notes the payment of which is secured\nby the proceeds of such sales and compensating use taxes;\n  (ii) Any such local law shall be made subject to such terms and\nconditions, not inconsistent with this section, as may be determined\nnecessary or appropriate by such city council and agency, subject,\nhowever, to any rights of holders of previously issued bonds and/or bond\nanticipation notes secured by such tax proceeds and shall be deemed to\nbe in effect only while bonds and/or bond anticipation notes which are\nso secured are outstanding and may provide that it shall not be\nrepealed, rescinded or revoked or amended in a manner which is\nprejudicial to the interests of said holders while such obligations\nshall be outstanding;\n  (iii) Enactment of such local law shall be conditioned upon the\nexecution of an agreement between the city of Niagara Falls and the\ncounty of Niagara whereby such county agrees to pay such city's share of\nthe proceeds of taxes payable to such city pursuant to section twelve\nhundred sixty-two of the tax law to the state comptroller for so long as\nbonds or notes issued pursuant to this section remain outstanding;\n  (iv) Any such local law shall not be enacted unless such city council\nshall have determined that such local law is necessary and in the public\ninterest; and\n  (v) Notwithstanding any of the foregoing to the contrary, the\naforesaid pledge shall be deemed executory only to the extent of moneys\nappropriated and made available therefor by the city.\n  (b) The state does hereby covenant and agree with the owners of each\nissue of bonds and/or bond anticipation notes of the agency secured by a\npledge of proceeds of such sales and compensating use taxes that the\nstate will not repeal, rescind or revoke the provisions of this section\nor section ninety-two-t of the state finance law or modify the same as\nto limit, impair, or impede the rights hereby vested in the city and/or\nthe agency or in any way limit, impair, or impede the rights and\nremedies of owners of said bonds and/or bond anticipation notes, until\nsuch bonds and/or bond anticipation notes, together with the interest\nthereon, and all costs and expenses in connection with any action or\nproceeding by or on behalf of such owners, are fully paid or otherwise\ndischarged or defeased; provided that (i) nothing in this section shall\nbe deemed or construed as giving or pledging the credit of the state to\nthe payment of said bonds and/or bond anticipation notes; and (ii) this\npledge shall be subject to the reserved right of the state to alter the\nbase, rate, method of taxation and exemptions from taxation or the\nmethod of distribution of the taxes which may be imposed pursuant to\nsection twelve hundred ten and section twelve hundred sixty-two of the\ntax law, or any successor law thereto. The city and the agency are\nauthorized to include this covenant and agreement of the state in any\nsale of such bonds and/or bond anticipation notes.\n  (c) The agency shall provide in any sale of bonds and/or bond\nanticipation notes which are secured by proceeds of sales and\ncompensating use taxes as provided herein that the proceeds of the taxes\nwhich would otherwise be received by the city pursuant to section twelve\nhundred ten of the tax law or proceeds payable to the city pursuant to\nsection twelve hundred sixty-two of the tax law, or any successor\nstatutes thereto, shall, upon the occurrence of events described in\nsubdivision two of section ninety-two-t of the state finance law, be\npaid by the state comptroller into the Niagara Falls sales tax fund for\ndisposition as provided in such section.  The state comptroller is\nhereby authorized and directed to pay such moneys to such fund, and to\nmake such arrangements as are deemed appropriate to facilitate such\npayments, including, but not limited to the electronic transfer thereof.\n  (d) Upon delivery of any issue of bonds or notes secured by the\nproceeds of sales and compensating use taxes as herein authorized, the\nchair of the agency shall file with the state comptroller and the county\ntreasurer a certificate setting forth with respect to such issue the\nname and address of the trustee for the holders thereof. Upon the\nappointment of a successor trustee with respect to any issue of bonds or\nnotes secured as provided herein, a supplemental certificate shall be\nfiled with the state comptroller and the county treasurer prior to the\neffective date of such appointment. Such trustee shall on or before\nNovember first annually certify to the state comptroller and to the city\ncouncil the amount required for the ensuing city fiscal year for payment\nof debt service on bonds or notes issued pursuant to this section and to\nrestore any deficiencies in any reserve funds established in connection\nwith the issuance of such bonds or notes.\n  (e) Pursuant to an appropriation by the city council of the amount\ncertified pursuant to subdivision (d) of this section, the state\ncomptroller shall pay such amount to the trustee out of proceeds of the\ntaxes pledged pursuant to this section. Any such proceeds in excess of\nsuch certified amount shall be paid by the state comptroller to the city\nof Niagara Falls. In the event that the amount to be paid by the state\ncomptroller is less than the amount certified pursuant to subdivision\n(d) of this section, the comptroller shall pay such difference to the\ntrustee for the bondholders out of the first monies available for the\nnext succeeding payments of (i) state aid apportioned to the city of\nNiagara Falls as per capita aid for the support of local government\npursuant to section fifty-four of this chapter or (ii) such other aid or\nassistance payable by the state to the city and not otherwise allocated\nas shall supersede or supplement such state per capita aid, including\nfederal monies apportioned to the city by the state, after giving\nwritten notice to the chief fiscal officer of the city of Niagara Falls.\nAny amount so paid over shall be deducted from the corresponding\napportionment of such per capita state aid otherwise payable to the city\nof Niagara Falls, and shall not obligate the state to make nor entitle\nthe city to receive any additional apportionment or payment of per\ncapita state aid.  Nothing herein shall affect the reserved right of the\nstate to amend such section fifty-four or otherwise reduce or eliminate\nsuch per capita aid and such other aid or assistance.\n  (f) The state comptroller may conclusively rely upon the information\nset forth or included by reference in any certificate filed therewith\npursuant to this section or section ninety-two-t of the state finance\nlaw, and shall not be liable to the owner of any bond or note of the\nagency on account of any reasonable action taken based upon such\ninformation. The county treasurer may conclusively rely upon the\ninformation set forth in any certificate filed therewith pursuant to\nthis section or section ninety-two-t of the state finance law, and shall\nnot be liable to the owner of any bond or note of the agency on account\nof any reasonable action taken based upon such information.\n  (g) During the period that any local law enacted pursuant to this\nsection shall be in force, the city shall not issue revenue anticipation\nnotes in anticipation of the receipt of taxes authorized pursuant to\nsection twelve hundred ten of the tax law, which taxes are described in\nsubdivisions (b), (d), (e) and/or (f) of section eleven hundred five of\nthe tax law, and, in the event that the city issues revenue anticipation\nnotes in anticipation of the collection or receipt of any other\ncategories of sales taxes used as security to the bondholders pursuant\nto the provisions of this section, when determining the total amount of\nrevenue anticipation notes which may be issued, in addition to the\namounts described in subparagraph (b) of subdivision three of paragraph\n(d) of section 25.00 of the local finance law or the amounts described\nin the unnumbered paragraph following such subparagraph (b), as the case\nmay be, there shall also be deducted an amount equal to the debt service\non the bonds or notes of the agency so secured thereafter remaining to\nbe paid during the fiscal year of the city with respect to which such\nrevenue anticipation notes are issued.\n
N.Y. PBG Law § 427 — New York Code / Act PBG / Article 13 / Title 24 / Section 427
Corning Housing Authority
Status: in_force

§ 427. Corning Housing Authority.  A municipal housing authority, to\nbe known as the Corning Housing Authority, is hereby created and\nestablished for the city of Corning in the county of Steuben for the\naccomplishment of any or all of the purposes specified in article\neighteen of the constitution of the state of New York. It shall\nconstitute a body corporate and politic, be perpetual in duration and\nconsist of five members. It shall have the powers and duties now or\nhereafter conferred by this chapter upon municipal housing authorities.\nIt shall be organized in the manner prescribed by and subject to the\nprovisions of this chapter, and the authority, its members, officers and\nemployees and its operations and activities shall in all respects be\ngoverned by the provisions of this chapter.\n
N.Y. ENV Law § 27-2401 — New York Code / Act ENV / Article 27 / Title 24 / Section 27-2401
Definitions
Status: in_force

§ 27-2401. Definitions.\n  As used in this title:\n  1. "Owner" shall mean any person or persons who owns a dwelling unit\nor commercial space located on real property.\n  2. "Real property" shall mean lands, tenements and hereditaments.\n
N.Y. ENV Law § 27-2403 — New York Code / Act ENV / Article 27 / Title 24 / Section 27-2403
Notification requirements
Status: in_force

§ 27-2403. Notification requirements.\n  1. A person identified as a responsible party pursuant to title\nthirteen of this article or a participant as defined in paragraph (a) of\nsubdivision one of section 27-1405 of this article shall provide within\nthirty days of validation of any test undertaken pursuant to this\narticle or article twelve of the navigation law the results of any such\ntest to any identifiable owner of real property that has been tested. In\nthe event that such a test is undertaken by the department, the\ndepartment shall provide, within thirty days of validation of such test,\nthe results of such test to any identifiable owner of real property that\nhas been tested.\n  2. Such person identified as a responsible party pursuant to title\nthirteen of this article or a participant as defined in paragraph (a) of\nsubdivision one of section 27-1405 of this article knowingly failing to\nprovide test results as required in subdivision one of this section\nshall be considered a violation of any order on consent or a breach of\nany agreement entered into with the department.\n
N.Y. ENV Law § 23-2401 — New York Code / Act ENV / Article 23 / Title 24 / Section 23-2401
Legislative intent
Status: in_force

§ 23-2401. Legislative intent.\n  The legislature finds and declares that the conservation of the\nstate's oil reserves will be of broad benefit to the state. Through\nutilization of modern well closure technologies, oil will be conserved\nfor the state's future. The legislature further finds that such closure\nwill provide an increased supply of high grade crude oil used for the\ndevelopment of advanced lubricants which are crucial in the promotion of\nthe use of high efficiency engines. In recognition of the potential\nenergy conservation benefits to be accrued from the closure of such\nwells, the legislature declares that a program directed toward the\nimplementation of modern well closure technologies on abandoned oil\nwells will provide energy, economic and environmental benefits to the\nstate.\n
N.Y. ENV Law § 23-2402 — New York Code / Act ENV / Article 23 / Title 24 / Section 23-2402
New York state oil energy conservation program
Status: in_force

§ 23-2402. New York state oil energy conservation program.\n  1. The department shall actively implement a modern oil well closure\ntechnologies program which shall assist in the implementation of closure\ntechnologies on abandoned oil wells and well fields in the state. The\nprogram shall:\n  a. promote the implementation of plugging closure technologies on\nabandoned oil wells; and\n  b. identify special needs and problems facing firms implementing well\nplugging technologies on abandoned oil wells and recommend approaches\nand solutions to address such identified needs and problems.\n  2. The program shall provide for grants for programs of oil well\nplugging on abandoned oil wells by persons, firms, or corporations\nlocated in the state of New York.\n  3. Applications for grants under this program shall be evaluated based\nupon the following criteria:\n  a. the technical feasibility of the proposals;\n  b. the energy conservation potential of such applications;\n  c. the extent such closure will provide for high grade crude oil\nutilized for the development of high efficiency lubricants;\n  d. the environmental benefits to be accrued from the utilization of\nsuch technologies; and\n  e. the possibilities for dissemination of the closure technologies to\nother firms.\n  4. The department, in carrying out the provisions of this title, shall\ncoordinate, where feasible, with the state energy office.\n
N.Y. ENV Law § 27-2405 — New York Code / Act ENV / Article 27 / Title 24 / Section 27-2405
Tenant notification of indoor air contamination
Status: in_force

§ 27-2405. Tenant notification of indoor air contamination.\n  1. For purposes of this section:\n  a. "test results" shall include the results of any tests conducted on\nindoor air, subslab air, ambient air, subslab groundwater samples, and\nsubslab soil samples; and\n  b. "issuer" means:\n  (i) a person subject to an order issued pursuant to title thirteen of\nthis article, article twelve of the navigation law, or title twelve-A of\narticle thirteen of the public health law,\n  (ii) a participant as defined in subdivision 1 of section 27-1405 of\nthis article subject to an agreement entered into pursuant to title\nfourteen of this article, or\n  (iii) by a municipality subject to a contract entered into pursuant to\ntitle five of article fifty-six of this chapter; or\n  (iv) by the department.\n  2. Any owner of real property or any owner's agent to whom indoor air\ncontamination test results have been provided by an issuer shall, in\ncases where test results exceed department of health indoor air\nguidelines or the occupational safety and health administration\nguidelines for indoor air quality, provide a fact sheet and timely\nnotice of any public meetings required to be held to discuss such\nresults to all tenants and occupants and upon request such test results\nand any closure letter, within fifteen days of receipt of such results.\nGeneric fact sheets shall be prepared by the department of health and\nshall identify at a minimum the compound or contaminant of concern,\nreportable detection levels established by the department of health\nindoor air guidelines or the occupational safety and health\nadministration guidelines for indoor air quality and health risks\nassociated with exposure to such compound or contaminant and a means to\nobtain more information on the compound or contaminant.\n  3. For real property for which an engineering control is in place to\nmitigate indoor air contamination, or if the real property is subject to\nongoing monitoring pursuant to an ongoing remedial program, the owner or\nowner's agent of real property to whom indoor air contamination test\nresults have been provided by an issuer shall provide, or cause to be\nprovided, fact sheets, and upon request any test results, or closure\nletter received by such owner or owner's agent to any prospective tenant\nprior to the signing of a binding lease or rental agreement. Generic\nfact sheets shall be prepared by the department of health and shall\nidentify at a minimum the compound or contaminant of concern, reportable\ndetection levels established by the department of health indoor air\nguidelines or the occupational safety and health administration\nguidelines for indoor air quality and health risks associated with\nexposure to such compound or contaminant and a means to obtain more\ninformation on the compound or contaminant. Such notice shall be\nincluded in the rental or lease agreement and shall contain the\nfollowing in at least twelve point type in bold face on the first page:\n"NOTIFICATION OF TEST RESULTS The property has been tested for\ncontamination of indoor air: test results and additional information are\navailable upon request."\n
N.Y. GMU Law § 593 — New York Code / Act GMU / Article 15-B / Title 24 / Section 593
Niagara Falls urban renewal agency
Status: in_force

§ 593. Niagara Falls urban renewal agency. A municipal urban renewal\nagency, to be known as the Niagara Falls urban renewal agency, is hereby\nestablished for the accomplishment of any or all of the purposes\nspecified in articles fifteen and fifteen-A of this chapter and in\naccordance with article eighteen of the constitution of the state of New\nYork. It shall constitute a body corporate and politic, shall be\nperpetual in duration, and shall consist of the mayor and all of the\ncouncil members of the city of Niagara Falls, together with four members\nto be appointed by the mayor with the concurring approval of the city\ncouncil. It shall have the powers and duties now or hereafter conferred\nby article fifteen-A of this chapter upon municipal renewal agencies. It\nshall be organized in the manner prescribed by and be subject to the\nprovisions of article fifteen-A of this chapter and the agency, its\nmembers, officers and employees and of its operations and activities\nshall in all respects be governed by the provisions of such article.\n