N.Y. ENV Law § 21-0301 — New York Code / Act ENV / Article 21 / Title 3 / Section 21-0301
Ohio River Valley Water Sanitation Compact
Status: in_force

§ 21-0301. Ohio River Valley Water Sanitation Compact.\n  The Ohio River Valley Water Sanitation Compact, as first enacted by\nchapter 776 of the laws of 1939, and as reenacted by chapter 472 of the\nlaws of 1961, is hereby continued. The compact is as follows:\n               OHIO RIVER VALLEY WATER SANITATION COMPACT\n  Whereas a substantial part of the territory of each of the signatory\nstates is situated within the drainage basin of the Ohio river; and\n  Whereas the rapid increase in the population of the various\nmetropolitan areas situated within the Ohio drainage basin, and the\ngrowth in industrial activity within that area, have resulted in recent\nyears in an increasingly serious pollution of the waters and streams\nwithin the said drainage basin, constituting a grave menace to the\nhealth, welfare, and recreational facilities of the people living in\nsuch basin, and occasioning great economic loss; and\n  Whereas the control of future pollution and the abatement of existing\npollution in the waters of said basin are of prime importance to the\npeople thereof, and can best be accomplished through the cooperation of\nthe states situated therein, by and through a joint or common agency;\n  Now, therefore, the states of Illinois, Indiana, Kentucky, New York,\nOhio, Pennsylvania, Tennessee and West Virginia do hereby covenant and\nagree as follows:\n                                ARTICLE I\n  Each of the signatory states pledges to each of the other signatory\nstates faithful cooperation in the control of future pollution in and\nabatement of existing pollution from the rivers, streams and waters in\nthe Ohio river basin which flow through, into, or border upon any of\nsuch signatory states, and in order to effect such object, agrees to\nenact any necessary legislation to enable each such state to place and\nmaintain the waters of said basin in a satisfactory sanitary condition,\navailable for safe and satisfactory use as public and industrial water\nsupplies after reasonable treatment, suitable for recreational usage,\ncapable of maintaining fish and other aquatic life, free from unsightly\nor malodorous nuisances due to floating solids or sludge deposits, and\nadaptable to such other uses as may be legitimate.\n                               ARTICLE II\n  The signatory states hereby create a district to be known as the "Ohio\nriver valley water sanitation district," hereinafter called the\ndistrict, which shall embrace all territory within the signatory states\nthe water in which flows ultimately into the Ohio river, or its\ntributaries.\n                               ARTICLE III\n  The signatory states hereby create the "Ohio river valley water\nsanitation commission," hereinafter called the commission, which shall\nbe a body corporate, with the powers and duties set forth herein, and\nsuch additional powers as may be conferred upon it by subsequent action\nof the respective legislatures of the signatory states or by act or acts\nof the congress of the United States.\n                               ARTICLE IV\n  The commission shall consist of three commissioners from each state,\neach of whom shall be a citizen of the state from which he is appointed,\nand three commissioners representing the United States government. The\ncommissioners from each state shall be chosen in the manner and for the\nterms provided by the laws of the state from which they shall be\nappointed, and any commissioner may be removed or suspended from office\nas provided by the law of the state from which he shall be appointed.\nThe commissioners representing the United States shall be appointed by\nthe president of the United States, or in such other manner as may be\nprovided by congress. The commissioners shall serve without\ncompensation, but shall be paid their actual expenses incurred in and\nincident to the performance of their duties; but nothing herein shall\nprevent the appointment of an officer or employee of any state or of the\nUnited States government.\n                                ARTICLE V\n  The commission shall elect from its number a chairman and\nvice-chairman, and shall appoint, and at its pleasure remove or\ndischarge, such officers and legal, clerical, expert and other\nassistants as may be required to carry the provisions of this compact\ninto effect, and shall fix and determine their duties, qualifications\nand compensation. It shall adopt a seal and suitable by-laws, and shall\nadopt and promulgate rules and regulations for its management and\ncontrol. It may establish and maintain one or more offices within the\ndistrict for the transaction of its business, and may meet at any time\nor place. One or more commissioners from a majority of the member states\nshall constitute a quorum for the transaction of business.\n  The commission shall submit to the governor of each state, at such\ntime as he may request, a budget of its estimated expenditures for such\nperiod as may be required by the laws of such state for presentation to\nthe legislature thereof.\n  The commission shall keep accurate books of account, showing in full\nits receipts and disbursements, and said books of account shall be open\nat any reasonable time to the inspection of such representatives of the\nrespective signatory states as may be duly constituted for that purpose.\n  On or before the first day of December of each year, the commission\nshall submit to the respective governors of the signatory states a full\nand complete report of its activities for the preceding year.\n  The commission shall not incur any obligations of any kind prior to\nthe making of appropriations adequate to meet the same; nor shall the\ncommission pledge the credit of any of the signatory states, except by\nand with the authority of the legislature thereof.\n                               ARTICLE VI\n  It is recognized by the signatory states that no single standard for\nthe treatment of sewage or industrial wastes is applicable in all parts\nof the district due to such variable factors as size, flow, location,\ncharacter, self-purification, and usage of waters within the district.\nThe guiding principle of this compact shall be that pollution by sewage\nor industrial wastes originating within a signatory state shall not\ninjuriously affect the various uses of the interstate waters as\nhereinbefore defined.\n  All sewage from municipalities or other political subdivisions, public\nor private institutions, or corporations, discharged or permitted to\nflow into these portions of the Ohio river and its tributary waters\nwhich form boundaries between, or are contiguous to, two or more\nsignatory states, or which flow from one signatory state into another\nsignatory state, shall be so treated, within a time reasonable for the\nconstruction of the necessary works, as to provide for substantially\ncomplete removal of settleable solids, and the removal of not less than\nforty-five per centum of the total suspended solids; provided that, in\norder to protect the public health or to preserve the waters for other\nlegitimate purposes, including those specified in article one, in\nspecific instances such higher degree of treatment shall be used as may\nbe determined to be necessary by the commission after investigation, due\nnotice and hearing.\n  All industrial wastes discharged or permitted to flow into the\naforesaid waters shall be modified or treated, within a time reasonable\nfor the construction of the necessary works, in order to protect the\npublic health or to preserve the waters for other legitimate purposes,\nincluding those specified in article one, to such degree as may be\ndetermined to be necessary by the commission after investigation, due\nnotice and hearing.\n  All sewage or industrial wastes discharged or permitted to flow into\ntributaries of the aforesaid waters situated wholly within one state\nshall be treated to that extent, if any, which may be necessary to\nmaintain such waters in a sanitary and satisfactory condition at least\nequal to the condition of the waters of the interstate stream\nimmediately above the confluence.\n  The commission is hereby authorized to adopt, prescribe and promulgate\nrules, regulations and standards for administering and enforcing the\nprovisions of this article.\n                               ARTICLE VII\n  Nothing in this compact shall be construed to limit the powers of any\nsignatory state, or to repeal or prevent the enactment of any\nlegislation or the enforcement of any requirement by any signatory\nstate, imposing additional conditions and restrictions to further lessen\nor prevent the pollution of waters within its jurisdiction.\n                              ARTICLE VIII\n  The commission shall conduct a survey of the territory included within\nthe district, shall study the pollution problems of the district, and\nshall make a comprehensive report for the prevention or reduction of\nstream pollution therein. In preparing such report, the commission shall\nconfer with any national or regional planning body which may be\nestablished, and any department of the federal government authorized to\ndeal with matters relating to the pollution problems of the district.\nThe commission shall draft and recommend to the governors of the various\nsignatory states uniform legislation dealing with the pollution of\nrivers, streams and waters and other pollution problems within the\ndistrict. The commission shall consult with and advise the various\nstates, communities, municipalities, corporations, persons, or other\nentities with regard to particular problems connected with the pollution\nof waters, particularly with regard to the construction of plants for\nthe disposal of sewage, industrial and other waste. The commission\nshall, more than one month prior to any regular meeting of the\nlegislature of any state which is a party thereto, present to the\ngovernor of the state its recommendations relating to enactments to be\nmade by any legislature in furthering the intents and purposes of this\ncompact.\n                               ARTICLE IX\n  The commission may from time to time, after investigation and after a\nhearing, issue an order or orders upon any municipality, corporation,\nperson, or other entity discharging sewage or industrial waste into the\nOhio river or any other river, stream or water, any part of which\nconstitutes any part of the boundary line between any two or more of the\nsignatory states, or into any stream any part of which flows from any\nportion of one signatory state through any portion of another signatory\nstate. Any such order or orders may prescribe the date on or before\nwhich such discharge shall be wholly or partially discontinued, modified\nor treated or otherwise disposed of. The commission shall give\nreasonable notice of the time and place of the hearing to the\nmunicipality, corporation or other entity against which such order is\nproposed. No such order shall go into effect unless and until it\nreceives the assent of at least a majority of the commissioners from\neach of not less than a majority of the signatory states; and no such\norder upon a municipality, corporation, person or entity in any state\nshall go into effect unless and until it receives the assent of not less\nthan a majority of the commissioners from such state.\n  It shall be the duty of the municipality, corporation, person or other\nentity to comply with any such order issued against it or him by the\ncommission, and any court of general jurisdiction or any United States\ndistrict court in any of the signatory states shall have the\njurisdiction, by mandamus, injunction, specific performance or other\nform of remedy, to enforce any such order against any municipality,\ncorporation or other entity domiciled or located within such state or\nwhose discharge of the waste takes place within or adjoining such state,\nor against any employee, department or subdivision of such municipality,\ncorporation, person or other entity; provided, however, such court may\nreview the order and affirm, reverse or modify the same upon any of the\ngrounds customarily applicable in proceedings for court review of\nadministrative decisions. The commission or, at its request, the\nattorney-general or other law enforcing official, shall have power to\ninstitute in such court any action for the enforcement of such order.\n                                ARTICLE X\n  The signatory states agree to appropriate for the salaries, office and\nother administrative expenses, their proper proportion of the annual\nbudget as determined by the commission and approved by the governors of\nthe signatory states, one-half of such amount to be prorated among the\nseveral states in proportion to their popualtion within the district at\nthe last preceding federal census, the other half to be prorated in\nproportion to their land area within the district.\n                               ARTICLE XI\n  This compact shall become effective upon ratification by the\nlegislatures of a majority of the states located within the district and\nupon approval by the congress of the United States; and shall become\neffective as to any additional states signing thereafter at the time of\nsuch signing.\n  In witness whereof, the various signatory states have executed this\ncompact through their respective compact commissioners.\n
N.Y. ENV Law § 3-0309 — New York Code / Act ENV / Article 3 / Title 3 / Section 3-0309
Stand-by contracts
Status: in_force

§ 3-0309. Stand-by contracts.\n  1. Consistent with the commissioner's authority to undertake such\nactivities pursuant to this chapter, the state public health law, the\npublic authorities law and the state finance law, the commissioner may\nenter into stand-by contracts for the purpose of achieving timely and\neffective remedies in a cost-effective manner for:\n  a. services related to a release or a suspected release of a hazardous\nsubstance as defined in section 40-0105 of this chapter and regulations\npromulgated thereunder;\n  b. other than for major physical construction associated with\npermanent remedial actions, the cleanup or return to its original state\nof any area where hazardous wastes were disposed, possessed, or dealt in\nunlawfully in violation of section 27-0914 of this chapter;\n  c. emergency response action to clean up spills or abate other public\nhealth or environmental hazards involving hazardous wastes; and\n  d. other than for major physical construction associated with\npermanent remedial actions, all services related to the investigation in\nsupport of, or to the development, implementation and oversight of the\nprogram for remediation of inactive hazardous waste disposal sites\npursuant to article 27 of this chapter.\n  2. For the purposes of this section, a stand-by contract shall mean a\ncontract which provides for services and goods to be rendered to the\ndepartment, at prenegotiated rates or predetermined unit prices, with\nsuch services or goods to be supplied by the contractor only when and\nwhere directed to do so by the commissioner. All such contracts shall be\nsubject to the approval of the state comptroller in accordance with\nsection one hundred twelve of the state finance law; however, such\napproval shall not obligate to any particular contract any specific\namount of funds, but shall obligate on an individual basis, as such\ncontracts are utilized, the actual amount required to pay for work\nperformed pursuant to such contracts except that a maximum dollar amount\nshall be placed on each such contract. Any necessary approvals of\navailability of funds for a particular project in accordance with any\nprovision of the state finance law shall be made as soon as possible\nafter any activity identified in subdivision one of this section is\nordered by the commissioner, or undertaken by the contractor.\n  3. Nothing in this section shall be deemed to alter the authority\nconferred upon the commissioner to conduct the activities identified in\nsubdivision one of this section, or to modify the requirements which are\nestablished by this chapter, the state public health law, the public\nauthorities law, or section ninety-seven-b of the state finance law and\nare applicable to such activities.\n  4. The department in cooperation with the state comptroller shall as\nsoon as practicable and prior to the execution of stand-by contracts\npursuant to this section develop and implement a stand-by contract\nmanagement protocol system. Such system shall provide for but not be\nlimited to:\n  a. guidelines for selecting contractors based upon section one hundred\nthirty-six-a of the state finance law, if applicable, and upon other\nfactors which shall include but are not limited to past performance,\nreasonableness of prices charged for specific tasks, and overall\nqualifications of the contractor;\n  b. departmental bid or proposal analysis and negotiation documentation\nrequirements;\n  c. contractor reporting and documentation requirements;\n  d. formal procedures for inspecting contractor work and reviewing\npayment requests;\n  e. maintenance of equipment inventory with location; and\n  f. requirements and controls for subcontractors.\n  5. The department shall submit to the director of the division of the\nbudget, the temporary president and minority leader of the senate, the\nspeaker and minority leader of the assembly, the chairman and ranking\nminority member of the senate finance committee and the chairman and\nranking minority member of the assembly ways and means committee an\nevaluation and audit of the department's use of stand-by contracts\npursuant to this section prepared by an entity independent of the\ndepartment. Such entity may be the office of the state comptroller.\nSuch evaluation and audit shall be submitted by September first,\nnineteen hundred ninety and by September first, every two years\nthereafter.\n
N.Y. PBA Law § 1470-R — New York Code / Act PBA / Article 7 / Title 3-A / Section 1470-R
Title not affected if in part unconstitutional or ineffective
Status: in_force

*§ 1470-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  * NB City of Rome Parking Authority ceased to exist 12/31/2000 per §\n1470-b, and thereafter until all liabilities have been met/discharged,\nand all bonds paid/discharged\n
N.Y. PBA Law § 1470-G — New York Code / Act PBA / Article 7 / Title 3-A / Section 1470-G
Moneys of the authority
Status: in_force

* § 1470-g. Moneys of the authority. All moneys of the authority shall\nbe paid to the treasurer 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 treasurer 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\nauthority. All deposits of such moneys shall, if required by the city of\nRome or the authority, be secured by obligations of the United States or\nof the state of New York of a market value equal at all times to the\namount of the deposit, and all banks and trust companies are authorized\nto give such security for such deposits. The treasurer of the city and\nhis legally authorized representatives are authorized and empowered from\ntime to time to examine the accounts and books of the authority,\nincluding its receipts, disbursements, contracts, leases, sinking funds,\ninvestments and any other records and papers relating to its financial\nstanding. The authority shall have power, notwithstanding the provisions\nof this section, to contract with the holders of any of its bonds as to\nthe custody, collection, securing, investment and payment of any moneys\nof the authority or any moneys held in trust or otherwise for the\npayment of bonds or in any way to secure bonds, and to carry out any\nsuch contract notwithstanding that such contract may be inconsistent\nwith the previous provisions of this section. Moneys held in trust or\notherwise for the payment of bonds or in any way to secure bonds and\ndeposits of such moneys may be acquired in the same manner as moneys of\nthe authority, and all banks and trust companies are authorized to give\nsuch security for such deposits. The accounts of the authority shall be\nsubject to the supervision of the state comptroller. The authority shall\nrender a complete account of its proceedings to the city at such time or\ntimes as requested to do so by said city.\n  * NB City of Rome Parking Authority ceased to exist 12/31/2000 per §\n1470-b, and thereafter until all liabilities have been met/discharged,\nand all bonds paid/discharged\n
N.Y. VAT Law § 345 — New York Code / Act VAT / Title 3 / Article 7 / Section 345
Motor vehicle liability policy
Status: in_force

§ 345. Motor vehicle liability policy. (a) A "motor vehicle liability\npolicy" as said term is used in this article shall mean an owner's or an\noperator's policy of liability insurance certified as provided in\nsection three hundred forty-three or section three hundred forty-four as\nproof of financial responsibility, and issued except as otherwise\nprovided in section three hundred forty-four, by an insurance carrier\nduly authorized to transact business in this state to or for the benefit\nof the person named therein as insured.\n  (b) Such owner's policy of liability insurance\n  (1) Shall designate by explicit description or by appropriate\nreference, all motor vehicles with respect to which coverage is thereby\nintended to be granted.\n  (2) Shall insure as insured the person named therein and any other\nperson using or responsible for the use of any such motor vehicle or\nmotor vehicles with the consent, express or implied, of such named\ninsured.\n  (3) Shall insure the insured or such other person against loss from\nthe liability imposed by law for damages, including damages for care and\nloss of services because of bodily injury to or death of any person and\ninjury to or destruction of property arising out of the ownership,\nmaintenance, use, or operation of such motor vehicle or motor vehicles\nwithin the state of New York, or elsewhere in the United States in North\nAmerica or the Dominion of Canada, subject to a limit, exclusive of\ninterest and cost, with respect to each such motor vehicle, except a tow\ntruck, of twenty-five thousand dollars because of bodily injury to or\nfifty thousand dollars because of death of one person in any one\naccident and, subject to said limit for one person, to a limit of fifty\nthousand dollars because of bodily injury to or one hundred thousand\ndollars because of death of two or more persons in any one accident, and\nto a limit of ten thousand dollars because of injury to or destruction\nof property of others in any one accident. The limit, exclusive of\ninterest and costs, with respect to a tow truck shall be a combined\nsingle limit of three hundred thousand dollars because of bodily injury\nof death to one or more persons or because of injury or destruction of\nproperty of others in any one accident, and to a limit of twenty-five\nthousand dollars because of damage to a vehicle in the care, custody and\ncontrol of the insured.\n  (c) Such operator's policy of liability insurance shall insure the\nperson named therein as insured against loss from the liability imposed\nupon him by law for damages, including damages for care and loss of\nservices, because of bodily injury to or death of any person and injury\nto or destruction of property arising out of the use by him of any motor\nvehicle not owned by him, within the same territorial limits and subject\nto the same limits of liability as are set forth above with respect to\nan owner's policy of liability insurance.\n  (d) Such motor vehicle liability policy shall provide for the name and\naddress of the named insured, the coverage afforded by the policy, the\npremium charged therefor, the policy period and the limits of liability,\nand shall contain an agreement that the insurance thereunder is provided\nin accordance with the coverage defined in this article as respects\nbodily injury and death or property damage or both and is subject to all\nthe provisions of this article.\n  (e) Such motor vehicle liability policy shall not insure any liability\non account of bodily injury to or death of an employee of the insured\nfor which benefits are payable under any workmen's compensation law. Nor\nis any such policy required to insure any liability on account of (1)\ndamage to property of others in charge of the insured or of his agents\nor employees (2) bodily injury to or death of the insured, or (3) except\nas provided in paragraphs one and two of subsection (g) of section three\nthousand four hundred twenty of the insurance law, bodily injury to or\ndeath of the spouse of the insured, or for injury to property of the\nspouse of the insured; and any insurance of any such liability afforded\nby such a policy shall be subject to the provisions of subsection (f) of\nthis section.\n  (f) Such motor vehicle liability policy may, however, grant any lawful\ncoverage in excess of or in addition to the coverage herein specified\nand such excess or additional coverage shall not be subject to the\nprovisions of this article.\n  (g) Several policies of one or more insurance carriers which together\nmeet the requirements of this section shall be termed "motor vehicle\nliability policy" within the meaning of this article.\n  (h) No motor vehicle liability policy shall be issued or delivered in\nthis state until a copy of the form of policy shall have been on file\nwith the superintendent of financial services for at least thirty days,\nunless sooner approved in writing by the superintendent of financial\nservices, nor if within said period of thirty days the superintendent of\nfinancial services shall have notified the carrier in writing that in\nhis opinion, specifying the reasons therefor, the form of policy does\nnot comply with the laws of this state. The superintendent of financial\nservices shall approve any form of policy which discloses the name and\naddress of the insured, the coverage afforded by such policy, the\npremium charged therefor, the policy period, the limit of liability and\nthe agreement that the insurance thereunder is provided in accordance\nwith the coverage defined in this section and is subject to all the\nprovisions of this article.\n  (i) Every motor vehicle liability policy shall be subject to the\nfollowing provisions which need not be contained therein:\n  (1) The liability of any company under a motor vehicle liability\npolicy shall become absolute whenever loss or damage covered by said\npolicy occurs, and the satisfaction by the insured of a final judgment\nfor such loss or damage shall not be a condition precedent to the right\nor duty of the carrier to make payment on account of such loss or\ndamage. No such policy shall be cancelled or annulled as respects any\nloss or damage by any agreement between the carrier and the insured\nafter the said insured has become responsible for such loss or damage,\nand any such cancellation or annullment shall be void. If the death of\nthe insured shall occur after the insured has become liable during the\npolicy period for loss or damage covered by the policy, the policy shall\nnot be deemed terminated by such death with respect to such liability\nand the company shall be liable thereunder in the same manner and to the\nsame extent as though death had not occurred. Upon the recovery of a\nfinal judgment against any person for any such loss or damage, if the\njudgment debtor or the decedent whom he represents was at the accrual of\nthe cause of action insured against liability therefor under a motor\nvehicle liability policy, the judgment creditor shall be entitled to\nhave the insurance money applied to the satisfaction of the judgment.\nBut the policy may provide that the insured, or any other person covered\nby the policy, shall reimburse the company for payments made on account\nof any accident, claim or suit involving a breach of the terms,\nprovisions or conditions of the policy; and further, if the policy shall\nprovide for limits in excess of the limits designated in this section,\nthe insurance carrier may plead against such judgment creditor, with\nrespect to the amount of such excess limits of liability, any defenses\nwhich it may be entitled to plead against the insured. Any such policy\nmay further provide for the prorating of the insurance thereunder with\nother applicable valid and collectible insurance. If the death,\ninsolvency or bankruptcy of the insured shall occur within the policy\nperiod, the policy during the unexpired portion of such period shall\ncover the legal representatives of the insured. No statement made by the\ninsured or on his behalf, and no violation of the terms of the policy,\nshall operate to defeat or avoid the policy so as to bar recovery within\nthe limits provided in subdivision (b) of this section.\n  (2) The policy, the written application therefor (if any) and any\nrider or endorsement, which shall not conflict with the provisions of\nthis article, shall constitute the entire contract between the parties.\n  (3) Any insurance carrier authorized to issue motor vehicle liability\npolicies as provided for in this article may, pending the issue of such\na policy, execute an agreement, to be known as a binder; or may, in lieu\nof such a policy issue an indorsement to an existing policy; each of\nwhich shall be construed to provide indemnity or protection in like\nmanner and to the same extent as such a policy. The provisions of this\nsection shall apply to such binders and endorsements.\n
N.Y. ELD Law § 248 — New York Code / Act ELD / Article 2 / Title 3 / Section 248
Cost-sharing responsibilities of eligible program participants for catastrophic coverage
Status: in_force

§ 248. Cost-sharing responsibilities of eligible program participants\nfor catastrophic coverage. 1. Deductible. Eligible individuals meeting\nthe deductible requirements of this section may purchase prescribed\ncovered drugs for an amount specified by subdivision three of this\nsection, subject to the limits on point of sale co-payments specified by\nsubdivision four of this section.\n  2. Deductible schedule. Eligible individuals electing to meet the\nrequirements of this subdivision shall incur an amount of personal\ncovered drug expenditures during any annual coverage period which are\nnot reimbursed by any other public or private third party payment source\nor insurance plan, and shall be deemed to have met their deductible\nrequirements for the remainder of such annual coverage period. The\namount of personal covered drug expenditures to be incurred by eligible\nprogram participants for catastrophic coverage under this option shall\nbe in accordance with the following schedule:\n  (a) Annual personal covered drug expenditures for unmarried individual\neligible program participants:\nindividual income of $20,001 to $21,000                $530\nindividual income of $21,001 to $22,000                $550\nindividual income of $22,001 to $23,000                $580\nindividual income of $23,001 to $24,000                $720\nindividual income of $24,001 to $25,000                $750\nindividual income of $25,001 to $26,000                $780\nindividual income of $26,001 to $27,000                $810\nindividual income of $27,001 to $28,000                $840\nindividual income of $28,001 to $29,000                $870\nindividual income of $29,001 to $30,000                $900\nindividual income of $30,001 to $31,000                $930\nindividual income of $31,001 to $32,000                $960\nindividual income of $32,001 to $33,000                $1,160\nindividual income of $33,001 to $34,000                $1,190\nindividual income of $34,001 to $35,000                $1,230\nindividual income of $35,001 to $36,000                $1,260\nindividual income of $36,001 to $37,000                $1,290\nindividual income of $37,001 to $38,000                $1,320\nindividual income of $38,001 to $39,000                $1,350\nindividual income of $39,001 to $40,000                $1,380\nindividual income of $40,001 to $41,000                $1,410\nindividual income of $41,001 to $42,000                $1,440\nindividual income of $42,001 to $43,000                $1,470\nindividual income of $43,001 to $44,000                $1,500\nindividual income of $44,001 to $45,000                $1,530\nindividual income of $45,001 to $46,000                $1,560\nindividual income of $46,001 to $47,000                $1,590\nindividual income of $47,001 to $48,000                $1,620\nindividual income of $48,001 to $49,000                $1,650\nindividual income of $49,001 to $50,000                $1,680\nindividual income of $50,001 to $51,000                $1,710\nindividual income of $51,001 to $52,000                $1,740\nindividual income of $52,001 to $53,000                $1,770\nindividual income of $53,001 to $54,000                $1,800\nindividual income of $54,001 to $55,000                $1,830\nindividual income of $55,001 to $56,000                $1,860\nindividual income of $56,001 to $57,000                $1,890\nindividual income of $57,001 to $58,000                $1,920\nindividual income of $58,001 to $59,000                $1,950\nindividual income of $59,001 to $60,000                $1,980\nindividual income of $60,001 to $61,000                $2,010\nindividual income of $61,001 to $62,000                $2,040\nindividual income of $62,001 to $63,000                $2,070\nindividual income of $63,001 to $64,000                $2,100\nindividual income of $64,001 to $65,000                $2,130\nindividual income of $65,001 to $66,000                $2,160\nindividual income of $66,001 to $67,000                $2,190\nindividual income of $67,001 to $68,000                $2,220\nindividual income of $68,001 to $69,000                $2,250\nindividual income of $69,001 to $70,000                $2,280\nindividual income of $70,001 to $71,000                $2,310\nindividual income of $71,001 to $72,000                $2,340\nindividual income of $72,001 to $73,000                $2,370\nindividual income of $73,001 to $74,000                $2,400\nindividual income of $74,001 to $75,000                $2,430\n  (b) Annual personal covered drug expenditures for each married\nindividual eligible program participant:\njoint income of $26,001 to $27,000                     $650\njoint income of $27,001 to $28,000                     $675\njoint income of $28,001 to $29,000                     $700\njoint income of $29,001 to $30,000                     $725\njoint income of $30,001 to $31,000                     $900\njoint income of $31,001 to $32,000                     $930\njoint income of $32,001 to $33,000                     $960\njoint income of $33,001 to $34,000                     $990\njoint income of $34,001 to $35,000                     $1,020\njoint income of $35,001 to $36,000                     $1,050\njoint income of $36,001 to $37,000                     $1,080\njoint income of $37,001 to $38,000                     $1,110\njoint income of $38,001 to $39,000                     $1,140\njoint income of $39,001 to $40,000                     $1,170\njoint income of $40,001 to $41,000                     $1,200\njoint income of $41,001 to $42,000                     $1,230\njoint income of $42,001 to $43,000                     $1,260\njoint income of $43,001 to $44,000                     $1,290\njoint income of $44,001 to $45,000                     $1,320\njoint income of $45,001 to $46,000                     $1,575\njoint income of $46,001 to $47,000                     $1,610\njoint income of $47,001 to $48,000                     $1,645\njoint income of $48,001 to $49,000                     $1,680\njoint income of $49,001 to $50,000                     $1,715\njoint income of $50,001 to $51,000                     $1,745\njoint income of $51,001 to $52,000                     $1,775\njoint income of $52,001 to $53,000                     $1,805\njoint income of $53,001 to $54,000                     $1,835\njoint income of $54,001 to $55,000                     $1,865\njoint income of $55,001 to $56,000                     $1,895\njoint income of $56,001 to $57,000                     $1,925\njoint income of $57,001 to $58,000                     $1,955\njoint income of $58,001 to $59,000                     $1,985\njoint income of $59,001 to $60,000                     $2,015\njoint income of $60,001 to $61,000                     $2,045\njoint income of $61,001 to $62,000                     $2,075\njoint income of $62,001 to $63,000                     $2,105\njoint income of $63,001 to $64,000                     $2,135\njoint income of $64,001 to $65,000                     $2,165\njoint income of $65,001 to $66,000                     $2,195\njoint income of $66,001 to $67,000                     $2,225\njoint income of $67,001 to $68,000                     $2,255\njoint income of $68,001 to $69,000                     $2,285\njoint income of $69,001 to $70,000                     $2,315\njoint income of $70,001 to $71,000                     $2,345\njoint income of $71,001 to $72,000                     $2,375\njoint income of $72,001 to $73,000                     $2,405\njoint income of $73,001 to $74,000                     $2,435\njoint income of $74,001 to $75,000                     $2,465\njoint income of $75,001 to $76,000                     $2,495\njoint income of $76,001 to $77,000                     $2,525\njoint income of $77,001 to $78,000                     $2,555\njoint income of $78,001 to $79,000                     $2,585\njoint income of $79,001 to $80,000                     $2,615\njoint income of $80,001 to $81,000                     $2,645\njoint income of $81,001 to $82,000                     $2,675\njoint income of $82,001 to $83,000                     $2,705\njoint income of $83,001 to $84,000                     $2,735\njoint income of $84,001 to $85,000                     $2,765\njoint income of $85,001 to $86,000                     $2,795\njoint income of $86,001 to $87,000                     $2,825\njoint income of $87,001 to $88,000                     $2,855\njoint income of $88,001 to $89,000                     $2,885\njoint income of $89,001 to $90,000                     $2,915\njoint income of $90,001 to $91,000                     $2,945\njoint income of $91,001 to $92,000                     $2,975\njoint income of $92,001 to $93,000                     $3,005\njoint income of $93,001 to $94,000                     $3,035\njoint income of $94,001 to $95,000                     $3,065\njoint income of $95,001 to $96,000                     $3,095\njoint income of $96,001 to $97,000                     $3,125\njoint income of $97,001 to $98,000                     $3,155\njoint income of $98,001 to $99,000                     $3,185\njoint income of $99,001 to $100,000                    $3,215\n  (c) In the event that the state expenditures per participant electing\nto meet the deductible requirements of this subdivision, exclusive of\nexpenditures for program administration, in the program year commencing\nOctober first, nineteen hundred eighty-eight, and in each program year\nthereafter, exceed such expenditures in the previous program year by a\nminimum of ten percent, the annual personal covered drug expenditures\nset forth in this subdivision may, unless otherwise provided by law, be\nincreased, pro-rata, for the subsequent program year, provided that such\nincrease shall not exceed eight percent of the prior year personal\ncovered drug expenditures as may have been adjusted in accordance with\nthis paragraph.\n  (d) In the event that the state expenditures per such participant,\nincurred pursuant to this subdivision, exclusive of expenditures for\nprogram administration, in the program year commencing October first,\nnineteen hundred eighty-eight, and in each program year thereafter, are\nless than such expenditures in the previous program year by a minimum of\nten percent, the annual personal covered drug expenditures set forth in\nthis subdivision may, unless otherwise provided by law, be decreased,\npro-rata, for the subsequent program year, provided that such decrease\nshall not exceed eight percent of the prior year personal covered drug\nexpenditures as may have been adjusted in accordance with this\nparagraph.\n  (e) The determination to adjust annual personal covered drug\nexpenditures set forth in this subdivision, shall follow a review of\nsuch factors as the relative financial capacity of the state and such\neligible program participants to support such adjustments and changes in\nthe consumer price index. The frequency of such adjustments shall not\nexceed once in any twelve month period and such adjustments shall not\nbecome effective for individual program participants prior to the first\nday of the next annual coverage period for each participant.\n  3. Point of sale co-payment. (a) Upon satisfaction of the deductible\nrequirements pursuant to subdivision two of this section, an eligible\nprogram participant shall pay a point of sale co-payment as set forth in\nparagraph (b) of this subdivision at the time of each purchase of a\ncovered drug prescribed for such individual. Such co-payment shall not\nbe waived or reduced in whole or in part, subject to the limits provided\nby subdivision four of this section.\n  (b) The point of sale co-payment amounts which are to be charged\neligible program participants shall be in accordance with the following\nschedule:\nFor each prescription of covered\ndrugs costing $15.00 or less                           $3.00\nFor each prescription of covered\ndrugs costing $15.01 to $35.00                         $7.00\nFor each prescription of covered\ndrugs costing $35.01 to $55.00                         $15.00\nFor each prescription of covered\ndrugs costing $55.01 or more                           $20.00\n  (c)  For  the  purposes  of  the  foregoing  schedule of point of sale\nco-payments, "costing" shall mean  the  amount  of  reimbursement  which\nshall  be  paid  by  the  state  to a participating provider pharmacy in\naccordance with section two hundred fifty of this title plus  the  point\nof sale co-payment, calculated as of the date of sale.\n  4. Annual limits on point of sale co-payments. During each annual\ncoverage period, no point of sale co-payments as set forth in\nsubdivision three of this section shall be required to be made for the\nremainder of such period by any eligible program participant meeting the\npersonal covered drug expenditure requirements of subdivision two of\nthis section in excess of the limits set forth in the following\nschedule:\n  (a) Limits on co-payments by unmarried individual eligible program\nparticipants:\nindividual income of $20,001 to $21,000           no more than $1,050\nindividual income of $21,001 to $22,000           no more than $1,100\nindividual income of $22,001 to $23,000           no more than $1,150\nindividual income of $23,001 to $24,000           no more than $1,200\nindividual income of $24,001 to $25,000           no more than $1,250\nindividual income of $25,001 to $26,000           no more than $1,300\nindividual income of $26,001 to $27,000           no more than $1,350\nindividual income of $27,001 to $28,000           no more than $1,400\nindividual income of $28,001 to $29,000           no more than $1,450\nindividual income of $29,001 to $30,000           no more than $1,500\nindividual income of $30,001 to $31,000           no more than $1,550\nindividual income of $31,001 to $32,000           no more than $1,600\nindividual income of $32,001 to $33,000           no more than $1,650\nindividual income of $33,001 to $34,000           no more than $1,700\nindividual income of $34,001 to $75,000           no more than $1,750\n  (b)  Limits on co-payments by each married individual eligible program\nparticipant:\njoint income of $26,001 to $27,000                no more than $1,080\njoint income of $27,001 to $28,000                no more than $1,120\njoint income of $28,001 to $29,000                no more than $1,160\njoint income of $29,001 to $30,000                no more than $1,200\njoint income of $30,001 to $31,000                no more than $1,240\njoint income of $31,001 to $32,000                no more than $1,280\njoint income of $32,001 to $33,000                no more than $1,320\njoint income of $33,001 to $34,000                no more than $1,360\njoint income of $34,001 to $35,000                no more than $1,400\njoint income of $35,001 to $36,000                no more than $1,440\njoint income of $36,001 to $37,000                no more than $1,480\njoint income of $37,001 to $38,000                no more than $1,520\njoint income of $38,001 to $39,000                no more than $1,560\njoint income of $39,001 to $40,000                no more than $1,600\njoint income of $40,001 to $41,000                no more than $1,640\njoint income of $41,001 to $42,000                no more than $1,680\njoint income of $42,001 to $43,000                no more than $1,720\njoint income of $43,001 to $44,000                no more than $1,760\njoint income of $44,001 to $45,000                no more than $1,800\njoint income of $45,001 to $46,000                no more than $1,840\njoint income of $46,001 to $47,000                no more than $1,880\njoint income of $47,001 to $48,000                no more than $1,920\njoint income of $48,001 to $49,000                no more than $1,960\njoint income of $49,001 to $100,000               no more than $2,000\n  (c) Effective October first, nineteen hundred eighty-eight, the limits\non point of sale co-payments as set forth in this subdivision may be\nadjusted by the commissioner on the anniversary date of each program\nparticipant's annual coverage period, and such adjustment shall be in\neffect for the duration of that annual coverage period. Any such annual\nadjustment shall be made using a percentage adjustment factor which\nshall not exceed one-half of the difference between the year-to-year\npercentage increase in the consumer price index for all urban consumers,\nas published by the United States department of labor, and, if larger,\nthe year-to-year percentage increase in the aggregate average cost of\ncovered drugs purchased under this title, which year-to-year percentage\nincrease in such cost shall be determined by comparison of such cost in\nthe same month of each of the appropriate successive years; provided,\nhowever, that for any such adjustment based wholly on experience in the\nprogram year commencing October first, nineteen hundred eighty-seven,\nthe year-to-year percentage increase in such cost shall be determined by\ncomparison of such cost in each of two months no less than five months\napart and within such program year, which comparison shall be\nannualized. Such percentage adjustment factor shall be the same as that\nused to determine any similar annual adjustment for the same annual\ncoverage periods pursuant to the provisions of subdivision four of\nsection two hundred forty-seven of this title. Such annual adjustments\nshall be calculated by multiplying the percentage adjustment factor by\n(1) ten percent and applying the resulting percentage to the upper\nincome limitation of each income level for unmarried individuals\ncontained in this subdivision, and by (2) seven and one-half percent and\napplying the resulting percentage to the upper income limitation of each\nincome level for married individuals contained in this subdivision; each\nresult of such calculations, minus any applicable deductible increases\nmade pursuant to subdivision two of this section and plus the result of\napplying the percentage adjustment factor to the sum of any such annual\nadjustments applicable thereto for any prior annual coverage period,\nshall be the amount by which the limit on co-payments for each such\nincome level may be adjusted, and such amount shall be in addition to\nany such amount or amounts applicable to prior annual coverage periods.\n  (d) The determination to adjust the limits on point of sale\nco-payments set forth in this subdivision shall follow a review of such\nfactors as the relative financial capacity of the state and such\neligible program participant to support such adjustments.\n
N.Y. PBA Law § 553-A — New York Code / Act PBA / Article 3 / Title 3 / Section 553-A
Additional powers in relation to Brooklyn Richmond project
Status: in_force

§ 553-a. Additional powers in relation to Brooklyn Richmond project.\n1.  If and when the Port of New York authority (herein called the "port\nauthority") is authorized to make agreements with the authority relating\nto the construction, ownership, maintenance and operation of the\nBrooklyn Richmond project as a bridge (herein sometimes collectively\nreferred to as the "Narrows bridge project") and to acquire land,\neasements and rights in land necessary or convenient therefor, the\nauthority shall have power, in its discretion and subject to and in\naccordance with all contract provisions with respect to any bonds and\nthe rights of the holders of bonds to make such agreements with the port\nauthority on such terms and conditions and with such payments and\nconsiderations as the authority and the port authority shall deem in the\npublic interest, as to any one or more of the following:\n  (a) the acquisition of such land, easements and rights in land for,\nand the design, construction and financing of, the Narrows bridge\nproject by the port authority, including the payment therefor by the\nauthority and the transfer of title thereto and the right of possession\nand use thereof, provided, however, that the agreement shall contain\nprovisions as to the land, easements and rights in land to be acquired,\nand that such provisions of such agreement shall be subject to the\napproval of the mayor of the city, and provided further that such\nagreement shall provide that no other land, easements or rights in land\nwill be acquired for Narrows bridge purposes by the port authority.\n  (b) the construction, with the consent of the city, either by the\nauthority or the port authority, of new parks, parkways, highways, or\nimprovements to existing parks, parkways or highways, either connecting\ndirectly or indirectly with the Narrows bridge project, for the purpose\nof attracting or facilitating traffic or improving approaches to and\nconnections with such project, and the acquisition of land, easements\nand rights in land therefor,\n  (c) leasing the Narrows bridge project, in whole or in part, by the\nauthority from the port authority and the payment by the authority of\nrents or other payments therefor, and for the operation, maintenance,\nconstruction and reconstruction thereof by the authority pursuant to and\nto the extent provided by the terms of such agreement for leasing,\n  (d) charging and fixing tolls, fees and rentals for the use of such\nproject, sufficient to provide for the payment by the authority of the\ncosts of construction, maintenance and operation thereof and all rents\nand other payments under any such agreement for leasing, for the payment\nof the principal of and interest on any bonds or other obligations to be\nissued by the authority to pay the cost of such project and all other\npayments to be made by the authority including reserves and sinking\nfunds therefor, in accordance with any such agreement for leasing or\nother agreement made between the port authority and the authority in\nconnection with such project,\n  (e) securing the payment of rents and other payments under any such\nagreement for leasing, or other agreement made between the port\nauthority and the authority in connection with such project, by pledging\nsuch tolls, fees, rentals and revenues of such project and providing for\nthe use and disposition of such tolls, fees, rentals and revenues, and\nfor the setting aside of reserves or sinking funds and the regulation\nand disposition thereof, and, subject to and in accordance with all\ncontract provisions with respect to any bonds, by pledging for such\nsecurity tolls, fees, rentals and revenues of any or all of the\nprojects,\n  (f) limiting the construction by the authority of vehicular crossings\nbetween Brooklyn and Richmond,\n  (g) acquiring from the port authority all or any part of the right,\ntitle and interest of the port authority in such project and the lands,\neasements and rights in land acquired for such project by the port\nauthority,\n  (h) defining events of default under such agreement, fixing periods of\ngrace and providing rights and remedies of the parties in case of\ndefault thereunder including the right to terminate and fix the terms\nand conditions for the termination of the same, and\n  (i) any other matters of like or different character for the\nprotection of the interest of the port authority or the authority or the\nrespective holders of bonds thereof or the public with respect to the\nacquisition, construction, reconstruction, improvement, operation or\nmaintenance of the Narrows bridge project.\n  2. The authority shall have power to do any acts or things, transfer\nsuch rights or interests and execute and deliver such papers as the\nauthority may deem necessary or desirable to carry out any of the\nforegoing.\n  3. The authority, so long as its corporate existence shall continue,\nshall have power to operate, maintain, construct, improve and\nreconstruct the Narrows bridge project and to exercise all of the powers\nherein granted to the authority with respect to the Narrows bridge\nproject in connection with any agreements between the port authority and\nthe authority or otherwise, and subject to any such agreements shall\nhave the use and occupancy of any lands, easements or rights in land\nacquired in the name of the city for such project. The powers conferred\nin this section shall be in addition to and shall not limit the other\npowers conferred in this title.\n
N.Y. PBA Law § 2858 — New York Code / Act PBA / Article 9 / Title 3-A / Section 2858
Public water and sewer authority powers
Status: in_force

§ 2858. Public water and sewer authority powers. A public water or\nsewer authority, created pursuant to article five of this chapter, shall\nhave the power to specify the manner in which exterior manhole covers,\ncontaining grease traps or interceptors shall be regulated and inspected\nto prevent unauthorized access, in addition to the requirements set\nforth in the uniform fire prevention and building code pursuant to\narticle eighteen of the executive law.\n
N.Y. PBH Law § 1152 — New York Code / Act PBH / Article 11 / Title 3 / Section 1152
Annual water supply statement; delivery
Status: in_force

§ 1152. Annual water supply statement; delivery. 1. Each water works\ncorporation shall provide a water supply statement to its customers\nannually. The annual water supply statement shall either be mailed to\neach customer or published in at least one newspaper of general\ncirculation in the area served by the water works corporation. If the\nstatement is to be published in a newspaper, the water works corporation\nshall provide ample notification by announcing the publication date and\nnewspaper name either on the customers bill or in the newspaper in which\nthe statement shall appear. A limited number of additional copies, in a\nquantity to be determined by the water works corporation, shall be\nprovided to customers upon request. In addition, the statement must be\nposted on the water works corporation's website, if such exists, or be\nmade available to the municipality or municipalities in which the water\nworks corporation services to be posted on such municipalities' website,\nif such exists.\n  2. Each water works corporation shall also provide one copy of each\nannual water supply statement to the commissioner and the state\ncommissioner of environmental conservation.\n  3. The annual water supply statement shall be mailed or published, and\nposted online on or before the thirty-first day of May of each year and\nshall apply to data received by the water works corporation during the\npreceding calendar year.\n  4. The information required by subdivision four of section eleven\nhundred fifty-one of this title for each source of water may be placed\nin a supplement to the annual water supply statement instead of in the\nmain body of the statement; provided that:\n  (1) the statement provides such information for a representative\nsampling of distribution point samples and a notice to the effect that\nsuch information for each source of water is included in a supplement\navailable to each customer upon request from the water works\ncorporation; and\n  (2) the supplement is included in each copy of the water supply\nstatement provided to customers upon request under subdivision one of\nthis section and provided to commissioners under subdivision two of this\nsection; and\n  (3) the supplement shall be\n  (i) published in a notice at least one-half page in size, in one\nnewspaper of general circulation within the water district; or\n  (ii) made available on a public electronic bulletin board, along with\nthe supplements from the two prior years, if such prior supplements\nexist, and notice of the availability of such information on a public\nelectronic bulletin board shall be clearly provided on each billing\nstatement and shall be published in a newspaper of general circulation\nwithin the water district; or\n  (iii) made available at all New York state documents information\naccess centers, documents reference centers, documents depository\nlibraries and documents research depository libraries within the water\ndistrict and if no such libraries exist within the water district, at a\npublic library within the water district, and notice of the availability\nof the supplement at such library of libraries shall be clearly provided\non each billing statement and shall be published in a newspaper of\ngeneral circulation within the water district.\nSuch supplement need not be included in the copy of the annual water\nsupply statement mailed to each customer or published under subdivision\none of this section.\n
N.Y. PBA Law § 1378 — New York Code / Act PBA / Article 6 / Title 3 / Section 1378
Ogdensburg port authority
Status: in_force

§ 1378. Ogdensburg port authority. A board to be known as the\nOgdensburg port authority is hereby created. Such board shall be a body\ncorporate and politic, constituting a public benefit corporation. The\nboard shall consist of five members all of whom shall be residents of\nthe city of Ogdensburg. The members of said authority shall be appointed\nby the mayor. One member shall be designated by the mayor to serve until\nDecember thirty-first, nineteen hundred fifty-eight; one to serve until\nDecember thirty-first, nineteen hundred fifty-nine; one to serve until\nDecember thirty-first, nineteen hundred sixty; one to serve until\nDecember thirty-first, nineteen hundred sixty-one; and one to serve\nuntil December thirty-first, nineteen hundred sixty-two. Upon the\nexpiration of the term of a member, a successor shall be appointed by\nthe mayor for a term expiring five years after the expiration of the\nterm of his predecessor. If a vacancy shall occur by reason of a death,\ndisqualification, resignation or removal of a member, the successor\nshall be appointed by the mayor for the unexpired term. The members of\nthe authority shall, before entering upon the duties of their office,\ntake the constitutional oath of office and file the same in the office\nof the clerk of the county of St. Lawrence. The authority shall organize\nby the selection from its members of a chairman, vice chairman, and a\nsecretary. It shall adopt such rules as it may deem necessary and proper\nfor the government of its own proceedings and the regulation and use of\nport facilities in the district, and shall keep a record of its\nproceedings. Rules pertaining to the regulation and use of port\nfacilities shall be fair, reasonable and impartial and shall be subject\nto any law, rule or regulation administered by the interstate commerce\ncommission or the public service commission or the water power and\ncontrol commission, or any other department or commission of the United\nStates of America or of the state of New York, which has the\njurisdiction in such matters and shall not operate to deprive any person\nor corporation, private or public, of any property without due process\nof law. A majority of the members of the authority shall constitute a\nquorum for the transaction of business and the concurrence of a majority\nof all members shall be necessary to the validity of any order of the\nauthority. A member may be removed by the appointing power for cause\nafter giving such member a copy of the charges and an opportunity to be\nheard in his own defense in person or by counsel upon not less than ten\ndays' notice. The decision of the appointing power shall be subject to\nreview pursuant to article seventy-eight of the civil practice act. The\nmembers of the authority shall serve without compensation but shall be\nentitled to reimbursement of their actual and necessary expenses\nincurred in the performance of their official duties.\n
N.Y. RSS Law § 317-D — New York Code / Act RSS / Article 8 / Title 3 / Section 317-D
Amortization of a portion of the bills for participating employers for the two thousand six--two thousand seven fiscal year
Status: in_force

§ 317-d. Amortization of a portion of the bills for participating\nemployers for the two thousand six--two thousand seven fiscal year. a.\nIf the comptroller, in his or her discretion, decides to permit\namortization of employer contributions pursuant to this section, then,\non or about October fifteenth, two thousand five, on the basis of the\nannual actuarial valuation provided for in this chapter, the comptroller\nshall determine the amount (exclusive of payments for group term life\ninsurance, deficiency payments, adjustments relating to prior fiscal\nyears' obligations and obligations pertaining to retirement incentives\nor any other obligations that a participating employer is permitted to\npay on an amortized basis) of the annual contribution for a\nparticipating employer pursuant to section twenty-three-a of this\narticle due for the fiscal year ending March thirty-first, two thousand\nseven. The amount by which such contribution exceeds ten and one-half\npercent of the estimated pensionable salary base for the fiscal year\nending March thirty-first, two thousand seven shall be the "amount\neligible for amortization". An amount up to the "amount eligible for\namortization" may be amortized over a ten-year period at eight percent\ninterest per annum, with the first of ten equal payments payable on\nFebruary first, two thousand eight, provided, however, that on or before\nSeptember first, two thousand six, the comptroller, in his or her\ndiscretion, may establish a fixed rate of interest per annum to be\napplied to the amounts eligible for amortization of all employers, which\nmore closely approximates a market rate of return on taxable fixed rate\nsecurities with similar terms issued by comparable issuers.\n  b. A participating employer, may, in lieu of paying its entire\nFebruary first, two thousand seven bill, pay a lesser amount on February\nfirst, two thousand seven which shall be determined by the comptroller\nby adding the following three amounts together:\n  (1) the entire February first, two thousand seven bill, calculated\npursuant to section twenty-three-a of this article (without reference to\nthis section), less the "amount eligible for amortization" determined\npursuant to subdivision a of this section;\n  (2) the first annual installment of the "amount eligible for\namortization" determined pursuant to subdivision a of section three\nhundred seventeen-c of this article, if applicable; and\n  (3) the second annual installment of the "amount eligible for\namortization" determined pursuant to subdivision a of section three\nhundred seventeen-b of this article, if applicable.\n  c. A participating employer making a payment pursuant to subdivision b\nof this section shall pay on February first, two thousand eight an\namount determined by the comptroller by adding the following four\namounts together:\n  (1) the entire February first, two thousand eight bill, calculated\npursuant to section three hundred twenty-three-a of this article\n(without reference to this section);\n  (2) the first annual installment of the "amount eligible for\namortization" determined pursuant to subdivision a of this section;\n  (3) the second annual installment of the "amount eligible for\namortization" determined pursuant to subdivision a of section three\nhundred seventeen-c of this article, if applicable; and\n  (4) the third annual installment of the "amount eligible for\namortization" determined pursuant to subdivision a of section three\nhundred seventeen-b of this article, if applicable.\n  d. Amortized payments determined pursuant to sections three hundred\nseventeen-b, three hundred seventeen-c and pursuant to this section\nshall be due and payable on February first of each year during the\napplicable amortization period. The comptroller shall have the authority\nto permit the pre-payment of the remaining balance of the "amount\neligible for amortization" determined pursuant to both such sections\nsubject to the following:\n  (1) on or before November fifteenth, two thousand six in addition to\nthe amount due for the current year billing and for the payment of the\namortized annual installment determined pursuant to section three\nhundred seventeen-b, three hundred seventeen-c and pursuant to this\nsection, the comptroller shall advise the participating employer of the\ntotal amount due and be authorized to accept pre-payment in full of said\namount by February first, two thousand seven.\n  (2) on or before each November fifteenth thereafter, in addition to\nthe amount due for the current year billing and for the payment of the\nannual amortized installments, the comptroller shall advise the\nparticipating employer of the total amount still outstanding and be\nauthorized to accept the pre-payment of any balance remaining to be paid\nby February first of the succeeding year.\n
N.Y. ENV Law § 13-0329 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0329
Lobsters; permit to take; prohibited acts
Status: in_force

§ 13-0329. Lobsters; permit to take; prohibited acts.\n  1. Any person domiciled within the state may take and land lobsters\n(Homarus americanus) from the waters of the state or land lobsters in\nthe state taken elsewhere upon first obtaining a permit from the\ndepartment. There shall be two classes of permits: a non-commercial\npermit, the fee for which shall be ten dollars, and a commercial permit,\nthe fee for which shall be one hundred fifty dollars. A non-commercial\npermit shall allow the holder to set no more than five lobster pots and\nto take or land in any one day no more than six legal lobsters by this\nor any other legal method for the holder's own or family use. Holders of\nnon-commercial permits shall not sell, offer for sale, trade or barter,\nor otherwise traffic in lobsters so taken. A commercial permit shall\nallow the holder to set any number of pots and use any other legal\nmethod for taking lobsters with no restriction on the number of legal\nlobsters that may be taken, landed or possessed except that on the\nwaters of Long Island Sound and its adjoining bays, harbors and\nestuaries (herein defined as all waters of the state north of the\nnorthern shore lines of Long Island, Plum Island, Little Gull Island,\nGreat Gull Island and Fishers Island and all the waters of the state\nnorth of the waters that separate those islands from each other) a\nperson holding a commercial permit who is a person operating or owning\nor on board a dragger or any vessel used to operate any net defined as a\ntrawl in section 13-0341 shall not take, land nor possess any lobsters\nor parts thereof unless there are no such nets on board, attached to in\nany way, or being used by such vessel. This prohibition on the taking of\nlobsters by the use of a trawl shall not allow the use of a trawl in any\nwaters where it is prohibited by sections 13-0341 and 13-0343. The\ndepartment shall furnish forms for application for both classes of\npermits. A non-commercial permit shall be issued to an individual. A\ncommercial permit shall be issued to an individual and it may be\nendorsed for use on a fishing vessel, in which case it shall cover all\npersons on board such vessel. The holder of a commercial permit shall be\nliable for all violations that occur on the vessel for which the\nholder's permit is endorsed. The holder of a permit shall carry on his\nor her person or post on his or her vessel such permit at all times when\nfishing for lobsters. Except as provided in subdivision six of this\nsection, the permit holder must be present at all times while the\nprivileges of such permit are being exercised and while lobster fishing\ngear owned by the permit holder is being set out or retrieved. The\nholder of a commercial permit may endorse such permit to only one vessel\nat any one time and shall be on board such vessel at all times when it\nis used for fishing for lobsters.\n  2. a. A person not domiciled within the state but who is domiciled in\na state that provides reciprocal permits or licenses to persons\ndomiciled in New York state may, upon first obtaining a permit from the\ndepartment, take and land lobsters only from the waters of the state\nwesterly and southerly of a straight line drawn from the Flashing Green\nLight Number 9 Whistle Buoy at Cerebus Shoals (located approximately\nseven miles northwesterly to Montauk Point) northwesterly to Race Rock\nand thence due north to the New York-Connecticut interstate boundary\nline; and may land lobsters taken outside New York state waters.\n  b. The fee for such lobster permit shall be two hundred twenty-five\ndollars. The permit shall be issued to an individual and may be endorsed\nfor use on a fishing vessel in which case it shall cover all persons on\nboard such vessel. Except as provided in subdivision six of this\nsection, the permit holder must be present at all times while the\nprivileges of such permit are being exercised and while lobster fishing\ngear owned by the permit holder is being set out or retrieved. The\nholder of such permit shall be liable for all violations that occur on\nany vessel for which the permit may be endorsed. The holder of such\npermit shall carry on his or her person or post on his or her vessel\nsuch permit at all times when fishing for lobsters. The holder of a\ncommercial permit may endorse such permit to only one vessel at any one\ntime and shall be on board such vessel at all times when it is used for\nfishing for lobsters.\n  c. On the waters of Long Island Sound and its adjoining bays, harbors\nand estuaries (as defined in subdivision 1 of this section) a person\nholding such permit who is a person operating or owning or on board a\ndragger or any vessel used to operate a trawl as defined in section\n13-0341 shall not take, land nor possess any lobsters or parts thereof\nunless there are no such nets on board, attached to in any way, or being\nused by such vessel. This prohibition on the taking of lobsters by the\nuse of a trawl shall not allow the use of a trawl in any waters where it\nis prohibited by sections 13-0341 and 13-0343.\n  d. A person not domiciled in the state who is not qualified to hold a\nlobster permit under paragraph a of this subdivision, or person\ndomiciled within the state who is not eligible to obtain a commercial\nlobster permit under subdivision one of this section, may obtain a\npermit to land lobsters in the state which have been legally taken\noutside the state. The fee for a lobster landing permit shall be three\nhundred dollars.\n  e. The department shall prescribe and furnish forms for such permits.\n  3. a. Lobster permits shall be non transferable and shall expire on\nDecember 31 of the year of issue. If it appears in the public interest,\nthe department may suspend or cancel any such permit on ten days'\nwritten notice to the holder thereof.\n  b. No person who has had any such permit suspended or revoked shall\ntake or land lobsters or aid in the taking or landing of lobsters until\nsuch permit has been reinstated or a new permit is issued.\n  c. A person who holds a permit to take or land lobsters shall notify\nthe department of any change of address within thirty days of such\nchange.\n  4. Buoys or markers of prescribed design may be used in designating\nthe location of licensed lobster pots or traps in such manner as shall\nbe required by the department.\n  5. a. Except as provided in subdivisions 13, 16 and 18 of this\nsection, only lobsters measuring three and three-eighths inches or more\nand five and one-quarter inches or less may be taken, possessed, bought,\nsold, imported and exported. All measurements are from the rear end of\nthe eye socket along a line parallel to the center line of the body\nshell (carapace) to the rear end of the body shell (carapace).\n  b. A lobster that has been damaged or mutilated to the extent that its\nlength from the rear end of the eye socket along a line parallel to the\ncenter line of the body shell (carapace) to the rear end of the body\nshell (carapace) cannot be determined shall not be possessed, sold or\noffered for sale, trade or barter.\n  c. Lobsters in spawn shall not be taken or possessed at any time. Eggs\nshall not be removed from such lobsters.\n  d. The landing or possession, in the marine district, of lobster, or\nparts thereof, not in the shell, detached lobster tails or claws, or any\nother part of a lobster that has been separated from the lobster by any\nperson who has a lobster permit issued by the state is prohibited.\n  e. The landing or possession of any V-notched female lobster is\nprohibited. This prohibition applies to all persons other than a final\npurchaser or consumer. V-notched female lobster shall mean any female\nlobster bearing a V-shaped notch (i.e. a straight-sided triangular cut\nwithout setal hairs, at least one-quarter inch in depth and tapering to\na sharp point) in the flipper next to the right of the center flipper as\nviewed from the rear of the female lobster. V-notched female lobster\nalso means any female which is mutilated in a manner which could hide,\nobscure or obliterate such a mark. The right flipper will be examined\nwhen the underside of the lobster is down and its tail is toward the\nperson making the determination; however, the department shall have the\nauthority to adopt by rule or regulation a modified definition of\n"V-notched female lobster" to reflect any changes to the definition the\nAtlantic States Marine Fisheries Commission may adopt.\n  6. No person other than the licensee shall set out, tend, haul or\nunduly disturb, or take or remove lobsters from, a lobster pot or trap\nor other commercial gear, or damage, take, remove or possess such gear.\nPossession of such gear without the consent of the licensee shall be\nconsidered prima facie evidence of violation of this subdivision.\nProvided, however, that in the event of a temporary emergency, a\nlicensee may provide written authorization for a different licensee to\nhaul and remove lobster from the licensee's pots or traps. A copy of\nsuch written authorization shall be filed with the department and the\ndepartment shall determine what constitutes a temporary emergency and\nthe appropriate maximum duration of a temporary emergency for the\npurposes of this subdivision.\n  7. a. Lobsters may be taken only by lobster pots, traps, otter trawls\nor similar devices, or by skin diving, including the use of\nself-contained underwater breathing apparatus (SCUBA), or by hand. The\nuse of spears, gigs, gaffs, or other penetrating devices to take\nlobsters is prohibited.\n  b. The landing of more than one hundred lobsters per twenty-four hour\nperiod by gear or methods other than lobster traps or pots is\nprohibited. The landing of more than five hundred lobsters by gear or\nmethods other than lobster traps or pots during a trip lasting five days\nor longer is prohibited.\n  8. A person shall not be issued a permit to take or land lobsters in\nNew York state if said person had a license or permit to take or land\nlobsters in another state which has been suspended or revoked for an\nillegal act which is also an illegal act in New York state until such\nsuspension or revocation has been terminated. Upon receipt of\ninformation from another state that a license or permit of a person to\ntake or land lobsters has been suspended or revoked for an illegal act\nwhich is also an illegal act in New York state, said person, if he holds\nsuch a permit in New York state, shall have his New York permit\nsuspended or revoked until such suspension or revocation by another\nstate has been terminated.\n  9. On the waters of Long Island Sound and its adjoining bays, harbors\nand estuaries (as defined in subdivision one of this section) lobsters\nshall not be taken by any method from one hour after sunset to one hour\nbefore sunrise. The provisions of this subdivision shall not apply to\nthe taking of lobsters by skin diving, including the use of\nself-contained underwater breathing apparatus (SCUBA), by holders of a\nvalid resident non-commercial lobster permit.\n  10. A holder of a commercial lobster license may apply for a permit to\nfish a gill net as permitted in paragraph (b) of subdivision fifteen of\nsection 13-0343 of this chapter. This permit is to be used for the\npurposes of obtaining bait fish to be used solely by the permittee to\npursue his lobster fishery. Bait so taken shall not be sold.\n  11. In order to reduce mortality of lobster due to lost traps and\npots, the department may adopt regulations requiring escape panels and\nvents in such traps and pots and describing their design, configuration,\ncomposition, size and any other necessary characteristics. Any such\nregulations shall be consistent with the Interstate Management Plan for\nAmerican Lobster prepared by the Atlantic States Marine Fisheries\nCommission.\n  12. Lobsters shall not be transferred from one vessel to another\nvessel on the waters of Long Island Sound or its adjacent bays, harbors\nand estuaries, except that nothing in this section shall prohibit the\nunloading of lobsters, lawfully taken and possessed, in harbor at a\nvessel's permanent mooring to a transfer vessel for the purpose of\ntransporting such lawfully taken and possessed lobsters to land.\n  13. The department may issue a permit, revocable at pleasure, to any\nperson to import, possess, buy or sell lobsters of less than the size\npermitted to be taken and possessed pursuant to this section for\nscientific and educational purposes only.\n  14. Possession of a lobster trap or pot with a volume larger than\ntwenty-two thousand nine hundred fifty cubic inches is prohibited.\n  15. (a) The department shall adopt regulations to implement and\nadminister a lobster trap tag program. Such regulations shall be\nconsistent with the specific requirements of the lobster fishery\nmanagement plan adopted by the Atlantic States Marine Fisheries\nCommission and any other applicable federal lobster trap tag\nregulations. Lobster trap tags shall be issued by the department or an\nagent authorized by the department. The cost to affected permittees for\neach tag shall not be more than the cost of production and distribution\nof each tag and shall not exceed the sum of twenty cents.\n  (b) If the department administers a lobster trap tag program, any\nfunds derived from such program and received by the department shall be\ndeposited into the marine resource account established pursuant to\nsubparagraph (i) of paragraph three of subdivision (a) of section\neighty-three of the state finance law.\n  16. The department may, until December thirty-first, two thousand\ntwenty-seven, adopt regulations for Atlantic States Marine Fisheries\nCommission Areas One, Two, Three, Four, Five, and Outer Cape Cod, to\nimplement conservation measures that affect landings of lobsters,\npursuant to the recommendations of the respective Area's Lobster\nConservation Management Team as required by the Interstate Fishery\nManagement Plan for American Lobster adopted by the Atlantic States\nMarine Fisheries Commission.\n  * 17. a. No lobster may be taken from Atlantic States Marine Fisheries\nCommission Area Six from September eighth through November twenty-eighth\npursuant to the recommendations of the Area's Lobster Conservation\nManagement Team as required by the Interstate Fishery Plan for Lobsters\nadopted by the Atlantic States Marine Fisheries Commission.\n  b. During the September eighth through November twenty-eighth closure,\nlobster permit holders who use lobster traps or pots shall remove\nlobster traps and pots from the water by September twenty-second.\n  c. No lobster trap or pot may be in the water from September\ntwenty-second until November fourteenth unless the lobster permit holder\nalso holds a permit or license that authorizes them to harvest other\nspecies from their lobster traps or pots.\n  d. Lobster permit holders may set unbaited lobster traps or pots\nbeginning November fourteenth.\n  e. Lobster permit holders may set baited lobster traps or pots\nbeginning November twenty-first.\n  * NB Repealed December 31, 2027\n  18. a. Lobsters greater in length than provided in subdivision 5 of\nthis section may be imported into the state and possessed for\nexportation provided that:\n  i. The lobsters were legally taken in the state or country where the\nlobsters were landed, and, if applicable, the Atlantic States Marine\nFisheries Commission Area where the lobsters were taken;\n  ii. The lobsters were placed in containers and sealed with tamper\nproof seals acceptable to the department in the state or country where\nthe lobsters were landed;\n  iii. The lobsters remain in the sealed containers at all times while\nthe lobsters are possessed in the state, including the placement of the\nsealed containers in holding tanks in the state;\n  iv. Each sealed container is accompanied with a label, invoice, bill\nof lading, purchase order or manifest identifying the state or country\nwhere the lobsters were landed, and, if applicable, the Atlantic States\nMarine Fisheries Commission Area where the lobsters were taken, the\nnumber of lobsters contained therein, and the date the container was\nsealed; and\n  v. The lobsters are imported, possessed and exported to or by a person\nlicensed pursuant to section 13-0334 of this title.\n  b. Lobsters greater in length than provided in subdivision 5 of this\nsection may be imported, possessed, sold or offered for sale in the\nstate provided that:\n  i. The lobsters were legally taken in the state or country where the\nlobsters were landed, and, if applicable, the Atlantic States Marine\nFisheries Commission Area where the lobsters were taken;\n  ii. Each lobster is tagged in the state or country where the lobster\nwas landed with a tamper resistant tag acceptable to the department. The\ntag shall be attached to the lobster and identify the state or country\nwhere the lobster was landed and, if applicable, the Atlantic States\nMarine Fisheries Commission Area where the lobster was taken;\n  iii. The tag must remain on the lobster until it is sold to the end\nconsumer in the state, including while in a holding tank in a restaurant\nor retail outlet;\n  iv. Each shipment of tagged lobsters is accompanied with a label,\ninvoice, bill of lading, purchase order or manifest identifying the\nstate or country and, if applicable, the Atlantic States Marine\nFisheries Commission Area where the lobsters were taken, the number of\nlobsters contained therein, and the date or dates the lobsters were\nharvested; and\n  v. The lobsters are imported, possessed and sold or offered for sale\nin the state by a person licensed pursuant to section 13-0334 of this\ntitle.\n  c. The department may promulgate regulations necessary to implement\nthis subdivision.\n  19. Lobsters, or parts thereof, not in the shell, detached lobster\ntails or claws, or any other part of a lobster that has been separated\nfrom the lobster may only be possessed, purchased, offered for sale,\ntrade or barter, imported, or exported, provided:\n  a. The lobster was legally taken in the state or country where the\nlobster was landed, and, if applicable, the Atlantic States Marine\nFisheries Commission Area where the lobster was taken;\n  b. The lobster parts are packaged with labels identifying the state,\nor country where the lobster was taken and if applicable, the Atlantic\nStates Marine Fisheries Commission Area. Lobster parts must be packaged\nand properly labeled prior to being possessed, sold, purchased or\nimported in the state.\n
N.Y. ENV Law § 3-0301 — New York Code / Act ENV / Article 3 / Title 3 / Section 3-0301
General functions, powers and duties of the department and the commissioner
Status: in_force

§ 3-0301. General functions, powers and duties of the department and the\n            commissioner.\n  1. It shall be the responsibility of the department, in accordance\nwith such existing provisions and limitations as may be elsewhere set\nforth in law, by and through the commissioner to carry out the\nenvironmental policy of the state set forth in section 1-0101 of this\nchapter. In so doing, the commissioner shall have power to:\n  a. Coordinate and develop policies, planning and programs related to\nthe environment of the state and regions thereof;\n  b. Promote and coordinate management of water, land, fish, wildlife\nand air resources to assure their protection, enchancement, provision,\nallocation, and balanced utilization consistent with the environmental\npolicy of the state and take into account the cumulative impact upon all\nof such resources in making any determination in connection with any\nlicense, order, permit, certification or other similar action or\npromulgating any rule or regulation, standard or criterion;\n  bb. Prescribe the qualifications for operators of public sewage\ntreatment plants.\n  c. Provide for the propagation, protection, and management of fish and\nother aquatic life and wildlife and the preservation of endangered\nspecies;\n  cc. Prescribe and certify the qualifications for operators of solid\nwaste management facilities as defined in section 27-0701 of this\nchapter; provided, however, that the commissioner shall not require the\ncertification of operators until the commissioner shall have identified\nor established programs of training within the state that satisfy such\nqualifications;\n  d. Provide for the care, custody, and control of the forest preserve;\n  e. Provide for the protection and management of marine and coastal\nresources and of wetlands, estuaries and shorelines;\n  f. Foster and promote sound practices for the use of agricultural\nland, river valleys, open land, and other areas of unique value;\n  g. Encourage industrial, commercial, residential and community\ndevelopment which provides the best usage of land areas, maximizes\nenvironmental benefits and minimizes the effects of less desirable\nenvironmental conditions;\n  gg. Develop a plan to maximize the use of telecommuting to conserve\nenergy otherwise used by the personnel of the department in commuting to\ntheir assigned workplace. Within one year of the effective date of this\nparagraph, the department shall submit a report to the governor and the\nlegislature on the impact of such plan to include, but not be limited\nto, energy conservation, air quality, workforce acceptance, office costs\nand potential cost savings.\n  h. Assure the preservation and enhancement of natural beauty and\nman-made scenic qualities;\n  hh. Cooperate with the office of probation and correctional\nalternatives by identifying appropriate worksites where persons\nperforming community service as part of a criminal disposition may be\nassigned to provide cleanup and other maintenance services in order to\npreserve and enhance the state's natural beauty and human-made scenic\nqualities. Such sites may include but are not limited to the state's\nshorelines, beaches, parks, roadways, historic sites and other natural\nor human-made resources.\n  i. Provide for prevention and abatement of all water, land and air\npollution including, but not limited to, that related to hazardous\nsubstances, particulates, gases, dust, vapors, noise, radiation, odor,\nnutrients and heated liquids;\n  j. Promote control of pests and regulate the use, storage and disposal\nof pesticides and other chemicals which may be harmful to man, animals,\nplant life, or natural resources;\n  k. Promote control of weeds and aquatic growth, develop methods of\nprevention and eradication, and regulate herbicides;\n  l. Provide and recommend methods for the recovery, recycling and\nreuse; or, where recycling and reuse are not possible, the disposal of\nsolid wastes, including domestic and industrial refuse, junk cars,\nlitter and debris consistent with sound health, scenic, environmental\nquality, and land use practices;\n  m. Prevent pollution through the regulation of the storage, handling\nand transport of solids, liquids and gases which may cause or contribute\nto pollution;\n  n. Promote restoration and reclamation of degraded or despoiled areas\nand natural resources;\n  o. Encourage recycling and reuse of products to conserve resources and\nreduce waste products;\n  p. Administer properties having unique natural beauty, wilderness\ncharacter, or geological, ecological or historical significance\ndedicated by law to the state nature and historical preserve;\n  q. Formulate guides for measuring presently unquantified environmental\nvalues and relationships so they may be given appropriate consideration\nalong with social, economic, and technical considerations in\ndecision-making;\n  r. Encourage and undertake scientific investigation and research on\nthe ecological process, pollution prevention and abatement, recycling\nand reuse of resources, and other areas essential to understanding and\nachievement of the environmental policy;\n  s. Assess new and changing technology and development patterns to\nidentify long-range implications for the environment and encourage\nalternatives which minimize adverse impact;\n  t. Monitor the environment to afford more effective and efficient\ncontrol practices, to identify changes and conditions in ecological\nsystems and to warn of emergency conditions;\n  u. Encourage activities consistent with the purposes of this chapter\nby advising and assisting local governments, institutions, industries,\nand individuals;\n  v. Undertake an extensive public information and education program to\ninform and involve other public and private organizations and groups and\nthe general public in the commitment to the principles and practices of\nenvironmental conservation and develop programs for the teaching by\nothers of such principles and practices;\n  w. Cooperate with the executive, legislative and planning authorities\nof the United States, neighboring states and their municipalities and\nthe Dominion of Canada in furtherance of the policy of this state as set\nforth in section 1-0101;\n  x. Exercise and perform such other functions, powers and duties as\nshall have been or may be from time to time conveyed or imposed by law,\nincluding, but not limited to, all the functions, powers and duties\nassigned and transferred to the department from the Department of\nHealth, Conservation Department, Department of Agriculture and Markets,\nand Office for Local Government in the Executive Department by chapter\n140 of the laws of 1970.\n  y. To prevent and control air pollution emergencies, as defined in\nsubdivision 1 of section 1-0303 hereof. In exercising such prevention\nand control the department and the commissioner may limit the\nconsumption of fuels and use of vehicles, curtail or require the\ncessation of industrial processes and limit or require the cessation of\nincineration and open burning, and take any other action he may deem\nnecessary to prevent and/or control air pollution emergencies. The\ndepartment and commissioner shall adopt and implement by rule and\nregulation a plan designed to prevent and control such air pollution\nemergencies.\n  z. Within amounts appropriated to the department, to contract, outside\nthe city of New York, with federally-funded nonprofit organizations that\nare organized for the purpose of beautification of highways, parks and\nrecreation areas and employ persons sixty years of age or older whose\nnet annual income does not exceed one thousand dollars to carry out such\nactivities. The contract shall name the organization, the amount and\nmanner of payment for the service to be rendered, nature of such\nservice, the rendering of a verified account of the disbursements and\nverified or certified vouchers therefor attached, a refund of any unused\namount, and such other conditions upon the use thereof as may be deemed\nproper.\n  2. To further assist in carrying out the policy of this state as\nprovided in section 1-0101 of the chapter the department, by and through\nthe commissioner, shall be authorized to:\n  a. Adopt, amend or repeal environmental standards, criteria and those\nrules and regulations having the force and effect of standards and\ncriteria to carry out the purposes and provisions of this act. Any such\nenvironmental standard, criterion, rule or regulation or change thereto\nshall become effective thirty days after being filed with the Secretary\nof State for publication in the "Official Compilation of Codes, Rules,\nand Regulations of the State of New York" published pursuant to section\none hundred two of the Executive Law. This provision shall not in any\nway restrict the commissioner in the exercise of any function, power or\nduty transferred to him or her and heretofore authorized to be exercised\nby any other department acting through its commissioner to promulgate,\nadopt, amend or repeal any standards, rules and regulations. No such\nenvironmental standards, criterion, rule or regulation or change thereto\nshall be proposed for approval unless a public hearing relating to the\nsubject of such standard shall be held by the commissioner prior thereto\nnot less than sixty days after date of notice therefor, any provision of\nlaw to the contrary notwithstanding. Notice shall be given by public\nadvertisement of the date, time, place and purpose of such hearing.\n  aa. (1) A "construction emergency" is damage to or an imminent danger\nof failure, or the malfunction of buildings, structures or property\ncaused by a sudden and unexpected occurrence which involves a pressing\nnecessity for immediate repair, reconstruction or maintenance in order\nto permit the safe continuation of necessary public use or function, or\nto protect the property of the state of New York, or the life, health or\nsafety of any person.\n  (2) Whenever the commissioner determines and declares that a\nconstruction emergency exists, the commissioner may have immediate work\nperformed to protect life, limb, property, public health or safety, or\nessential services by utilizing the services of a contractor selected in\naccordance with procedures developed by the department and approved by\nthe state comptroller.\n  (3) Such procedures shall provide for consideration of solicitation of\nsufficient competition to the extent practicable, from responsible\ncontractors representative of the contracting community by inviting at\nleast five contractors who are capable of performing such work;\npermitting said contractors to examine the site and submit bids for the\nrequired emergency restoration work at a time and place to be determined\nby the commissioner; and submission of a notice of emergency award for\npublication in the procurement opportunities newsletter as soon as\npracticable after the award.\n  (4) Such emergency work shall reasonably be expected to be completed\nwithin a period of thirty days and emergency contracts shall be let only\nfor work necessary to remedy or alleviate a construction emergency.\n  (5) If the selected contractor is already under contract to the\ndepartment such work may be undertaken as additional work on the\nexisting contract, notwithstanding the existing scope of work.\n  (6) The commissioner shall promptly notify the office of the state\ncomptroller, the office of the attorney general, and the office of the\ndivision of the budget, and shall provide an estimate of the cost and\nduration of the emergency work.\n  b. Enter into contracts with any person to do all things necessary or\nconvenient to carry out the functions, powers and duties of the\ndepartment.\n  bb. Develop and implement an "I Love New York Fishing" passbook\nprogram to encourage additional fishing in this state. The program shall\nbe administered according to the provisions of subdivision five of\nsection 11-1307 of this chapter.\n  c. Review and appraise programs and activities of state departments\nand agencies in light of the policy set forth in section 1-0101 of this\nchapter for the purpose of determining the extent to which such programs\nand activities are contributing to the achievement of such policy and to\nmake recommendations to such departments and agencies with respect\nthereto, including but not limited to, environmental guidelines for\ntheir use.\n  cc. Cooperate with the department of agriculture and markets, the\nenvironmental facilities corporation, and other state agencies and\npublic authorities to establish methods to facilitate loans to eligible\nborrowers to prevent and control non-point source water pollution and to\ndevelop educational materials for potential borrowers, including,\nwithout limitation, members of the agricultural community, about the\nlow-interest loans available through the water pollution control linked\ndeposit program and to develop an application form to be provided to\nlenders for the linked deposit loan requests. The department may\npromulgate rules and regulations necessary and reasonable for the\noperation of the program.\n  d. Consult with and co-operate with:\n  (1) Officials of departments and agencies of the state having duties\nand responsibilities concerning the environment;\n  (2) Officials and representatives of any public benefit corporation in\nthe state;\n  (3) Officials and representatives of the federal government, of other\nstates and of interstate agencies on problems affecting the environment\nof this state;\n  (4) Persons, organizations and groups, public and private, utilizing,\nserved by, interested in or concerned with the environment in the state;\n  (5) The appropriate committee or committees of the Legislature.\n  e. Appear and participate in proceedings before any federal regulatory\nagency involving or affecting the purposes of this department.\n  f. Undertake any studies, inquiries, surveys or analyses it may deem\nrelevant through the personnel of the department or in co-operation with\nany public or private agencies, including educational, civic and\nresearch organizations, colleges, universities, institutes or\nfoundations, for the accomplishment of the purposes of the department.\n  g. Enter and inspect any property or premises for the purpose of\ninvestigating either actual or suspected sources of pollution or\ncontamination or for the purpose of ascertaining compliance or\nnoncompliance with any law, rule or regulation which may be promulgated\npursuant to this chapter. Any information relating to secret processes\nor methods of manufacture shall be kept confidential.\n  h. Conduct investigations and hold hearings and compel the attendance\nof witnesses and the production of accounts, books, documents, and\nnondocumentary evidence by the issuance of a subpoena.\n  i. Advise and cooperate with municipal, county, regional and other\nlocal agencies and officials within the state, to carry out the purposes\nof chapter 140 of the laws of 1970.\n  j. Act as the official agency of the state in all matters affecting\nthe purposes of the department under any federal laws now or hereafter\nto be enacted, and as the official agency of a county, town, city,\nvillage or authority in connection with the grant or advance of any\nfederal or other funds or credits to the state or through the state to\nits local governing bodies for the purposes of chapter 140 of the laws\nof 1970.\n  k. Report from time to time to the Governor and make an annual report\nto the Governor and the Legislature.\n  l. Formulate and execute contracts, keep accounts, record personnel\ndata, acquire real or personal property, including acquisition by\ncondemnation, appropriation, gift grant, devise or bequest, adjust\nclaims, compile statistics and engage in research opportunities; all\naccording to the statutes or department orders and regulations in such\ncases made and provided.\n  m. Adopt such rules, regulations and procedures as may be necessary,\nconvenient or desirable to effectuate the purposes of this chapter.\n  n. Study, monitor, control and regulate pollution from motor vehicle\nexhaust emissions.\n  o. When requested to do so by another state with which New York has\nreciprocally agreed to provide personnel and equipment, provide such\npersonnel and equipment for use in suppression of forest fires upon\nlands within such other state.\n  p. Notwithstanding any other provision of this chapter, delegate to\nmunicipal health or environmental departments or agencies or other\nappropriate governmental entities including the state soil and water\nconservation committee and the soil and water conservation districts,\nany of which shall meet such qualifications relating to adequate\nauthority, expertise, staff, funding and other matters as may be\nprescribed, such functions of review, approval of plans, issuance of\npermits, licenses, certificates or approvals required or authorized by\nthis chapter as the commissioner may deem appropriate in order to\nexpedite the review of matters within the jurisdiction of the\ndepartment, to provide for better coordination among different levels of\ngovernment or to enhance environmental protection, subject to such\nconditions as he may establish. The powers delegated pursuant to this\npart may be withdrawn by the commissioner, at any time, upon thirty days\nwritten notice to the department, agency or other governmental entity\nincluding the state soil and water conservation committee and the soil\nand water conservation districts holding such powers by virtue of this\nparagraph.\n  q. Require that a written instrument submitted pursuant to this\nchapter or a rule or regulation adopted pursuant hereto contain a form\nnotice to the effect that false statements made therein are punishable\npursuant to section 210.45 of the penal law.\n  r. Notwithstanding the provisions of article six of the public\nofficers law, deny access to inspection of records which identify\nlocations of habitats of species designated endangered pursuant to\nsection 11-0535 of this chapter, protected pursuant to section 9-1503 of\nthis chapter or any other species or unique combination of species of\nflora or fauna where the destruction of such habitat or the removal of\nsuch species therefrom would impair their ability to survive provided,\nhowever, that the commissioner may, in his discretion permit access to\nsuch inspection to persons engaged in legitimate scientific and academic\nresearch.\n  s. Coordinate and conduct Arbor day ceremonies on the last Friday of\nApril in cooperation with the department of education and the department\nof agriculture and markets.\n  t. Establish a program, in consultation with the conservation fund\nadvisory council for the sale of limited edition prints of fish and\nwildlife paintings with the proceeds to be credited to the conservation\nfund established pursuant to section eighty-three of the state finance\nlaw.\n  u. Notwithstanding any other provisions of this chapter, establish a\nprogram to offer for sale to the public of items symbolic of\ncontributions made to support department activities performed as steward\nof lands under its jurisdiction. The terms upon which such items will be\navailable and the relevant donations for such items shall be set forth\nin regulations to be promulgated by the commissioner provided, however,\nthat no such item shall be offered unless the amount of such donation\nexceeds the value of the item. All receipts of the department from such\ncontributions shall be deposited in and separately accounted for in an\naccount in the miscellaneous state special revenue fund, expenditures\nfrom which shall be limited to the activities of the department pursuant\nto this paragraph and activities performed as steward of lands under its\njurisdiction.\n  v. Except for the forest preserve which is under the care, custody and\ncontrol of the department pursuant to paragraph d of subdivision one of\nthis section and subdivision one of section 9-0105 of this chapter,\nadminister and manage the real property under the jurisdiction of the\ndepartment for the purpose of preserving, protecting and enhancing the\nnatural resource value for which the property was acquired or to which\nit is dedicated, employing all appropriate management activities.\n  w. Shall prepare and submit to the federally appointed "Aquatic\nNuisance Species Task Force" two comprehensive management plans, after\nnotice and opportunity for public comment, for funding of New York state\nactivities under the Federal Non-indigenous Aquatic Nuisance Prevention\nand Control Act of 1990, Public Law 101-646, by January 1, 1992. One\nsuch plan shall identify those areas or activities within the state,\nother than those related to public facilities, where technical and\nfinancial assistance is needed within the state to eliminate or reduce\nenvironmental, public health and safety risks and to mitigate the\nfinancial impact upon the state associated with non-indigenous aquatic\nspecies, particularly zebra mussels. The other plan shall be a "public\nfacility management plan" which is limited solely to identifying those\npublic facilities within the state for which technical and financial\nassistance is needed to reduce infestations of zebra mussels. Each plan\nshall identify the management practices and measures that will be\nundertaken to reduce infestations of aquatic nuisance species,\nespecially zebra mussels, and include the following: (1) a description\nof the state and local programs for environmentally sound prevention and\ncontrol of the target species; (2) a description of federal activities\nthat may be needed for environmentally sound prevention and control of\naquatic nuisance species and a description of the manner in which those\nactivities should be coordinated with state and local government\nactivities; and (3) a schedule for implementing the plan, including a\nschedule of annual objectives. In developing and implementing these\nmanagement plans, the department shall, to the maximum extent\npracticable, involve local governments, regional entities and public and\nprivate organizations that have expertise in the control of aquatic\nnuisance species. Copies of these plans shall also be submitted to the\ntemporary president of the senate and the speaker of the assembly, and\nthe department shall annually, on or before January first, submit to the\ntemporary president of the senate and speaker of the assembly a report\non the activities of the department under these plans.\n  x. Consistent with paragraph v of subdivision 1 of this section, offer\nfor sale advertising or corporate sponsorship space in various\ndepartmental publications, including but not limited to "The\nConservationist", the annual compilation and syllabus of laws, rules and\nregulations governing fish and wildlife as required by section 11-0323\nof this chapter, and offer for sale informational and promotional\nmaterial related to lands, facilities and resources under the\njurisdiction of the department. Any proceeds realized from the sale of\nadvertising or corporate sponsorships shall be deposited in a special\nrevenue account to be selected by the department and the division of the\nbudget except that proceeds from advertising or corporate sponsorship in\n"The Conservationist" shall be deposited in the environmental\nconservation special revenue fund, "The Conservationist" magazine\naccount, and proceeds from advertising or corporate sponsorship in the\nannual compilation and syllabus of laws, rules and regulations governing\nfish and wildlife as required by section 11-0323 of this chapter shall\nbe deposited in the conservation fund.\n  * y. The department, by contract or otherwise, is hereby authorized to\nengage in games, contests or other promotions or advertising schemes or\nplans, hereinafter referred to as "an event or events," which are\nintended to increase, improve, stabilize or otherwise assist in\ndevelopment of the subscriber base of "The Conservationist" in\naccordance with the following:\n  (1) An event may include sweepstakes and other similar marketing\ntechniques intended to heighten public awareness, interest and\nparticipation in department programs including but not limited to\npurchasing of subscriptions, licenses, or camping permits.\n  (2) The department is authorized to offer the opportunity to receive\ngifts, prizes or gratuities, as determined by chance, without any\nconsideration therefor.\n  (3) The department shall develop a statement, which shall be included\nin any and all promotions of an event, which shall contain the following\ninformation:\n  (i) the minimum number of entry forms to be made available;\n  (ii) the minimum number of prizes that shall be included in the event;\n  (iii) the proportionate opportunity of winning prizes;\n  (iv) the minimum value of prizes to be made available;\n  (v) the rules pertaining to the event, which shall include the period\nof time and the geographic area to be covered by the event and which\nshall not be subject to the rulemaking procedures of the state\nadministrative procedure act; and\n  (vi) such additional information as may be deemed in the best\ninterests of the state as determined by the commissioner.\n  (4) The department is authorized to accept donations for the purposes\nof providing publicity, prizes, incentives or other inducements for\nparticipation in the event. Donations may be of goods and services,\nshall not exceed five thousand dollars in value, per donor per contest,\nand must be of a nature consistent with the purposes of the department,\nand in the best interests of the state as determined by the\ncommissioner.\n  * NB Repealed August 1, 2027\n  z. Issue and amend guidance memoranda and similar documents of general\napplicability which are to be relied upon by department personnel for\nimplementation of this chapter, and rules and regulations promulgated\npursuant thereto, and for guidance to the general public in complying\nwith the requirements of this chapter; provided, however, that (1) in no\nevent shall any such document be issued by the department in violation\nof the state administrative procedure act where and to the extent that a\nduly promulgated rule or regulation would be required, and (2) no such\ndocument shall be implemented until thirty days after the full text, or\na summary thereof, along with information on how the full text may be\nobtained, has been published in the environmental notice bulletin, as\ndefined in section 70-0105 of this chapter. At a minimum, the full text\nof each such document shall be made available by the department on and\nafter the date of such publication to the public upon request, and, in\naddition, at least one copy shall be made available in the department's\nmain office and in each regional office for public inspection. The\ndepartment shall publish and invite public comment on a draft version of\nany such document, unless it determines that to do so would delay or\notherwise impede compliance with the underlying statute or regulation,\nprovided that, when a document is issued without making provisions for\npublic comment, the department shall also publish its reason or reasons\nfor deeming such provisions inappropriate. This paragraph shall not\napply to (i) declaratory rulings issued pursuant to section two hundred\nfour of the state administrative procedure act or (ii) documents which\nonly concern the internal management of the agency and which do not have\nany effect on the rights of or procedures or practices available to the\npublic. Each January, the department shall publish in the environmental\nnotice bulletin an index of its existing guidance documents, and\nindicate how the full text thereof may be obtained; provided, however,\nthat the secretary of state may exempt the department from compliance\nwith this publication requirement upon a determination that the\ndepartment has published on its website the full text of all guidance\ndocuments on which it currently relies. The secretary of state shall\npublish a notice of such determination identifying the website in the\nstate register.\n  2-a. a. To further assist in carrying out the policy of this state as\nprovided in section 1-0101 of this chapter, the department, by and\nthrough the commissioner shall:\n  (1) authorize and encourage the use of nature-based solutions as the\npreferred alternative, where appropriate, for stabilizing tidal\nshorelines in the state when promulgating and implementing rules and\nregulations relating thereto, specifically including, but not limited\nto, those promulgated and implemented for articles fifteen, twenty-five\nand thirty-four of this chapter. The department shall consult with the\nUnited States army corps of engineers to ensure the minimization of\nconflicts with federal law and regulation.\n  (2) continue developing integrated guidance for the management of\ntidal shoreline systems to provide a technical basis for the\ncoordination of permit decisions required by any regulatory entity\nexercising authority over a shoreline management project. Such guidance\nshall:\n  (i) communicate to stakeholders and regulatory authorities that it is\nthe policy of the state that some shorelines shall remain natural unless\nstabilization is necessary, and when stabilization is deemed necessary,\nit shall support nature-based solutions as the preferred alternative for\nstabilizing tidal shorelines;\n  (ii) identify preferred shoreline management approaches for the\nshoreline and community types found in the state;\n  (iii) explain the risks and benefits of protection provided by various\nshoreline system elements associated with each management option; and\n  (iv) recommend procedures to achieve efficiency and effectiveness by\nthe various regulatory entities exercising authority over a shoreline\nmanagement project.\n  (3) give preference to a permit application for a shoreline management\nproject based on nature-based solution design unless an alternative\nanalysis containing a review of nature-based solutions that have been\nevaluated using the best available information shows that such\napproaches are not suitable. If this analysis shows that a nature-based\nsolution approach is unsuitable or inconsistent with land-use\nregulations, the department shall require the applicant to incorporate,\nto the maximum extent possible, elements of a nature-based solution that\nare suitable for the project where appropriate.\n  b. (1) For the purposes of this subdivision, "nature-based solution"\nshall have the same meaning as defined in subdivision twenty-six of\nsection 1-0303 of this chapter and shall specifically mean techniques\napplied within the tidal zone that incorporate natural, native living\nfeatures.\n  (2) When considering a nature-based solution the department should\nprioritize techniques, including but not limited to those that:\n  (i) control or reduce shoreline erosion while maintaining benefits\ncomparable to the natural shoreline including, but not limited to,\nallowing for natural sediment movement;\n  (ii) improve, restore, or maintain the connection between the upland\nand water habitats; and\n  (iii) incorporate habitat enhancement and natural elements, including\nbut not limited to native re-vegetation or establishment of new\nvegetation consistent with a natural shoreline typical of the current\nsite location either:\n  (A) under current conditions, or\n  (B) as adjusted for science-based state sea-level rise projections,\nutilizing the appropriate projection scenario at a time interval\nappropriate for the anticipated lifespan of the project but not less\nthan twenty years after the anticipated project completion, pursuant to\nsection 3-0319 of this title for such location.\n  3. The department shall not alter the boundaries of any of the nine\nadministrative regions from the boundaries existing on January first,\nnineteen hundred seventy-seven without first holding public hearings in\neach region affected.\n  4. The commissioner shall cooperate with the commissioner of the state\ndepartment of health, district attorneys and the department of law in\nproviding assistance in the investigation and prosecution of violations\nof article twenty-seven of this chapter.\n  5. To facilitate the practice of forestry by electing to comment upon\nproposed local laws or ordinances that may restrict the practice of\nforestry.\n
N.Y. VAT Law § 399-S — New York Code / Act VAT / Title 3 / Article 12-D / Section 399-S
Pilot program scope and duration
Status: in_force

* § 399-s. Pilot program scope and duration. The commissioner shall\nconduct a pilot program designed to evaluate utilizing the internet for\ndelivering an approved pre-licensing course required by subparagraph (i)\nof paragraph (a) of subdivision four of section five hundred two of this\nchapter, by permitting qualified applicants to participate in the pilot\nprogram from June thirtieth, two thousand twenty to June thirtieth, two\nthousand thirty. Provided that applicants for class DJ and class MJ\nlicenses shall not be eligible to participate in such pilot program.\n  * NB Repealed June 30, 2030\n
N.Y. PBA Law § 563 — New York Code / Act PBA / Article 3 / Title 3 / Section 563
Agreement of the state
Status: in_force

§ 563. Agreement of the state. 1. The state of New York does pledge to\nand agree with (a) the holders of the bonds that the state will not\nlimit or alter the rights hereby vested in the authority to maintain,\nreconstruct and operate the project, to establish and collect such\ncharges and tolls as may be convenient or necessary to produce\nsufficient revenue to meet the expense of maintenance and operation and\nto fulfill the terms of any agreements made with the holders of the\nbonds, or 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\nconnection with any action or proceedings by or on behalf of the\nbondholders, are fully met and discharged, and (b) the holders of any\nbonds of the port authority issued in accordance with the terms of any\nagreement with the authority authorized hereby to finance the Narrows\nbridge project or secured in whole or in part by a pledge of the\nrevenues thereof or both so issued and so secured until title to the\nNarrows bridge is vested in the authority or the city, that the state\nwill not limit or alter the rights hereby vested in the authority to\nfulfill the terms of any agreements authorized hereby and made with the\nport authority respecting the Narrows bridge project or in any way\nimpair the rights and remedies of the port authority thereunder until\nthe obligations of the authority thereunder are fully met and\ndischarged.\n  2. The state of New York does covenant and agree with the holders of\nany bonds issued after January first, nineteen hundred forty that no\ntunnel, bridge, parkway, causeway, street, road, highway or other\nconnection for vehicular traffic (other than one of the projects), which\nwill be competitive with the Robert F. Kennedy bridge project or the\nWhitestone bridge project or the Throgs Neck bridge project or the\nMarine parkway bridge project or the Cross Bay parkway bridge project\nwill be constructed or maintained until the bonds together with interest\nthereon, interest on any unpaid installments of interest, and all costs\nand expenses in connection with any action or proceedings by or on\nbehalf of the bondholders, are fully met and discharged; provided that a\ntunnel, bridge, parkway, causeway, street, road, highway or other\nconnection for vehicular traffic shall be considered as competitive with\nthe Robert F. Kennedy bridge project or Whitestone bridge project or the\nThrogs Neck bridge project only if it shall form a connection for\nvehicular traffic over, under, or across the East river north of an\nextension to the east of the center line of Seventy-third street in the\nborough of Manhattan, and shall be considered as competitive with the\nMarine parkway bridge project or Cross Bay parkway bridge project only\nif such tunnel, bridge, parkway, causeway, street, road, highway or\nother connection for vehicular traffic shall form a connection for\nvehicular traffic with Rockaway peninsula across any part of the waters\nof Jamaica bay or Rockaway inlet west of seventy-three degrees,\nforty-six minutes of west longitude. The covenant herein contained\nrestricting competitive traffic connections with any project or projects\nshall be only for the benefit of the holders of bonds secured in whole\nor in part by the pledge of the revenues of such project or projects.\nAll covenants of the state made with the holders of bonds issued before\nJanuary first, nineteen hundred and forty, are hereby confirmed and\nshall not be affected hereby.\n  3. The state of New York does pledge to and agree with the holders of\nany bonds that no tunnel, bridge, parkway, causeway, street, road,\nhighway or other connection for vehicular traffic, which will be\ncompetitive with the Queens Midtown tunnel or the Hugh L. Carey tunnel\nor the Brooklyn Richmond tunnel or the Narrows bridge will be\nconstructed; provided that a tunnel, bridge, parkway, causeway, street,\nroad, highway or other connection for vehicular traffic shall be\nconsidered as competitive if it shall form a connection for vehicular\ntraffic over, under or across the East river south of Queensboro bridge,\nor, if it shall form a connection for vehicular traffic between the\nboroughs of Manhattan, Brooklyn or Richmond over, under or across New\nYork bay. The covenant herein contained restricting competitive traffic\nconnections with any project or projects shall be only for the benefit\nof the holders of bonds secured in whole or in part by the pledge of the\nrevenues of such project or projects and subject to and in accordance\nwith all contract provisions with respect to any bonds outstanding on\nJanuary first, nineteen hundred fifty-five and the rights of the holders\nof such bonds, the covenant herein contained shall not be deemed to\nprevent the construction of any bridge or tunnel exclusively for railway\nrapid transit purposes.\n
N.Y. RPT Law § 920 — New York Code / Act RPT / Article 9 / Title 3 / Section 920
Notice of receipt of tax roll and warrant
Status: in_force

§ 920. Notice of receipt of tax roll and warrant. 1. Upon receipt of\nthe tax roll and warrant, the collecting officer of each city and town\nshall cause a notice to be published once a week for two successive\nweeks in the official newspaper of such city or town, or if no newspaper\nhas been designated the official newspaper, in a newspaper having\ngeneral circulation in the city or town, that he has received such roll\nand warrant. In addition, the collecting officer of each town shall\ncause a copy of the published notice to be posted on the sign-board\nmaintained for the posting of legal notices at the entrance of the town\nclerk's office pursuant to subdivision six of section thirty of the town\nlaw.\n  2. Such notice shall specify one or more convenient places in the city\nor town where he will receive the taxes listed on the roll on at least\nthree days during usual business hours, and if in a city on at least\nfive days, in each week during the month of January, which days shall be\nset forth in the notice.\n  3. Such notice shall also contain a statement of the interest required\nto be added by section nine hundred twenty-four of this chapter and the\ndate for the return of unpaid taxes to the county treasurer.\n
N.Y. VAT Law § 311 — New York Code / Act VAT / Title 3 / Article 6 / Section 311
Definitions
Status: in_force

§ 311. Definitions. As used in this article:\n  1. The term "superintendent" shall mean the superintendent of\nfinancial services of this state.\n  2. The term "motor vehicle" shall be defined as in section one hundred\ntwenty-five of this chapter, except that it shall also include trailers,\nsemi-trailers and tractors other than tractors used exclusively for\nagricultural purposes, and shall exclude fire and police vehicles, farm\nequipment, including self-propelled machines used exclusively in\ngrowing, harvesting or handling farm produce, tractors used exclusively\nfor agricultural purposes, or for snow plowing other than for hire, and\nself-propelled caterpillar or crawler-type equipment while being\noperated on the contract site.\n  3. The term "proof of financial security" shall mean proof of ability\nto respond in damages for liability arising out of the ownership,\nmaintenance or use of a motor vehicle as evidenced by an owner's policy\nof liability insurance, a financial security bond, a financial security\ndeposit, or qualifications as a self-insurer under section three hundred\nsixteen of this chapter or, in the case of a non-resident, under\nself-insurance provisions of the laws of the jurisdiction of such\nnon-resident. Notwithstanding any other provision of any law or\nregulation, any proof of financial security shall for any self-propelled\nmotor vehicle also provide coverage required by this article to any\nnon-commercial trailer hauled by any such motor vehicle, other than a\nmobile home. For the purposes of this article, a mobile home or\n"manufactured home" means a mobile home or manufactured home as defined\nin section one hundred twenty-two-c of this chapter.\n  4. The term "owner's policy of liability insurance" shall mean a\npolicy\n  (a) Affording coverage as defined in the minimum provisions prescribed\nin a regulation which shall be promulgated by the superintendent at\nleast ninety days prior to effective date of this act. The\nsuperintendent before promulgating such regulations or any amendment\nthereof, shall consult with all insurers licensed to write automobile\nliability insurance in this state and shall not prescribe minimum\nprovisions which fail to reflect the provisions of automobile liability\ninsurance policies, other than motor vehicle liability policies as\ndefined in section three hundred forty-five of this chapter, issued\nwithin this state at the date of such regulation or amendment thereof.\nNothing contained in such regulation or in this article shall prohibit\nany insurer from affording coverage under an owner's policy of liability\ninsurance more liberal than that required by said minimum provisions.\nEvery such owner's policy of liability insurance shall provide insurance\nsubject to said regulation against loss from the liability imposed by\nlaw for damages, including damages for care and loss of services,\nbecause of bodily injury to or death of any person and injury to or\ndestruction of property arising out of the ownership, maintenance, use,\nor operation of a specific motor vehicle or motor vehicles within the\nstate of New York, or elsewhere in the United States in North America or\nthe Dominion of Canada, subject to a limit, exclusive of interest and\ncosts, with respect to each such motor vehicle except a tow truck, of\ntwenty-five thousand dollars because of bodily injuries to and fifty\nthousand dollars because of death of one person in any one accident and,\nsubject to said limit for one person, to a limit of fifty thousand\ndollars because of bodily injury to and one hundred thousand dollars\nbecause of death of two or more persons in any one accident, and to a\nlimit of ten thousand dollars because of injury to or destruction of\nproperty of others in any one accident provided, however, that such\npolicy need not be for a period coterminous with the registration period\nof the vehicle insured. The limit, exclusive of interest and costs, with\nrespect to a tow truck shall be a combined single limit of at least\nthree hundred thousand dollars because of bodily injury or death to one\nor more persons or because of injury or destruction of property of\nothers in any one accident, and to a limit of twenty-five thousand\ndollars because of damage to a vehicle in the care, custody and control\nof the insured. Any insurer authorized to issue an owner's policy of\nliability insurance as provided for in this article may, pending the\nissue of such a policy, make an agreement, to be known as a binder, or\nmay, in lieu of such a policy, issue a renewal endorsement or evidence\nof renewal of an existing policy; each of which shall be construed to\nprovide indemnity or protection in like manner and to the same extent as\nsuch a policy. The provisions of this article shall apply to such\nbinders, renewal endorsements or evidences of renewal. Every such policy\nissued insuring private passenger vehicles and every renewal policy,\nrenewal endorsement, or other evidence of renewal issued shall have\nattached thereto a rating information form which clearly specifies and\ndefines the rating classification assigned thereto, including any\napplicable merit rating plan; and\n  (b) In the case of a vehicle registered in this state, a policy issued\nby (i) an insurer duly authorized to transact business in this state or\n(ii) where a vehicle is registered by a not-for-profit organization that\nis tax-exempt under section 501(c)(3) of the federal internal revenue\ncode, a risk retention group not chartered in this state but which is\nregistered with the superintendent under the federal liability risk\nretention act of 1986, comprised entirely of organizations that are\ntax-exempt under section 501(c)(3) of the federal internal revenue code\nand where the risk retention group qualifies as a charitable risk pool\nunder section 501(n) of the federal internal revenue code, provided that\nthe vehicle being registered does not have a seating capacity of more\nthan fifteen passengers, is not a limousine or luxury limousine, and\nwhere such vehicles are not solely for personal use by a director,\nofficer, authorized person, or key person, their relatives or related\nparties; or\n  (c) In the case of a vehicle lawfully registered in another state, or\nin both this state and another state, (i) a policy issued by an\nauthorized insurer, or (ii) where a vehicle is registered by a\nnot-for-profit organization that is tax-exempt under section 501(c)(3)\nof the federal internal revenue code, a risk retention group not\nchartered in this state but which is registered with the superintendent\nunder the federal liability risk retention act of 1986, comprised\nentirely of organizations that are tax-exempt under section 501(c)(3) of\nthe federal internal revenue code and where the risk retention group\nqualifies as a charitable risk pool under section 501(n) of the federal\ninternal revenue code, provided that the vehicle being registered does\nnot have a seating capacity of more than fifteen passengers, is not a\nlimousine or luxury limousine, and where such vehicles are not solely\nfor personal use by a director, officer, authorized person, or key\nperson, their relatives or related parties, or (iii) a policy issued by\nan unauthorized insurer authorized to transact business in another state\nif such unauthorized insurer files with the commissioner in form to be\napproved by them a statement consenting to service of process and\ndeclaring its policies shall be deemed to be varied to comply with the\nrequirements of this article; and\n  (d) The form of which has been approved by the superintendent, except\nin the case of a risk retention group not chartered in this state. No\nsuch policy shall be issued or delivered in this state until a copy of\nthe form of policy shall have been on file with the superintendent for\nat least thirty days, unless sooner approved in writing by the\nsuperintendent, nor if within said period of thirty days the\nsuperintendent shall have notified the carrier in writing that in the\nsuperintendent's opinion, specifying the reasons therefor, the form of\npolicy does not comply with the laws of this state.\n  5.  The term "certificate of insurance" shall mean any evidence issued\nby or on behalf of an insurance company duly authorized to transact\nbusiness in this state, or a risk retention group authorized to issue an\nowner's policy of liability insurance pursuant to subdivision four of\nthis section, stating in such form as the commissioner may prescribe or\napprove that such company or such risk retention group has issued an\nowner's policy of liability insurance on the motor vehicle or vehicles\ndesignated therein. Such certificate shall contain information as\nrequired by the commissioner including at least the following except as\notherwise provided:\n  (a) The name and address of the person to whom the policy was issued.\n  (b) The number and effective period of the policy. If all of the motor\nvehicles owned by one person during a defined period are insured under\nthe same owner's policy of liability insurance the certificate of\ninsurance may so state and it shall then not be necessary to identify\nthe specific vehicle insured. The requirements of this article for an\nowner's policy of liability insurance may be fulfilled by the policies\nof one or more insurance carriers which policies together meet such\nrequirements.\n  (c) As to new policies, a statement that at least ten per cent of the\nannual premium due on the policy has been paid. For the purposes of this\nparagraph a transfer of insurance from one company to another by an\nagent or broker shall not be considered the issuance of a new policy.\n  6. The term "financial security bond" shall mean for each motor\nvehicle a bond executed by the owner and by a surety company duly\nauthorized to transact business in this state. The provisions of\nsubdivision (e) of section three hundred forty-nine of this chapter\nshall apply to such bond.\n  7. The term "financial security deposit" shall mean for each motor\nvehicle the deposit with the commissioner of twenty-five thousand\ndollars in cash, or securities, such as may legally be purchased by\nsavings banks or trust funds, of a market value of twenty-five thousand\ndollars and an additional deposit in an amount determined by the\ncommissioner to be sufficient to satisfy the requirements of article\nfifty-one of the insurance law.\n  8. The term "self-insurer" shall mean a person who shall have been\ndetermined by the commissioner in accordance with section three hundred\nsixteen to be financially responsible.\n  9. The word "state" when used in this article shall unless the context\nclearly indicates otherwise, mean any state, territory or possession of\nthe United States, the District of Columbia or any province of the\nDominion of Canada.\n  10. "Insurance Identification Card" shall mean a card issued by or on\nbehalf of an insurance company or bonding company duly authorized to\ntransact business in this state, or a risk retention group authorized to\nissue an owner's policy of liability insurance pursuant to subdivision\nfour of this section, stating in such form as the commissioner may\nprescribe or approve that such company or such risk retention group has\nissued an owner's policy of liability insurance or a financial security\nbond on the motor vehicle or vehicles designated therein. Such card\nshall contain such information and shall be valid during such period as\nmay be prescribed by the commissioner. If an owner shall have filed a\nfinancial security deposit, or shall have qualified as a self-insurer\nunder section three hundred sixteen of this article, the term "insurance\nidentification card" shall mean a card issued by the department which\nevidences that such deposit has been filed or that such owner has so\nqualified.\n
N.Y. ENV Law § 13-0327 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0327
Scallops
Status: in_force

§ 13-0327. Scallops.\n  The department may, until December thirty-first, two thousand\ntwenty-seven, adopt by regulation measures for the management of\nscallops (Family Pectinidae) including size limits, catch and possession\nlimits, open and closed seasons, closed areas, restrictions on the\nmanner of taking and landing, requirements for permits and eligibility\ntherefor, recordkeeping and identification requirements, requirements on\nthe amount and type of fishing effort and gear, and requirements\nrelating to transportation, possession and sale, provided that such\nregulations are no less restrictive than requirements set forth in this\nchapter.\n
N.Y. LAB Law § 264 — New York Code / Act LAB / Article 11 / Title 3 / Section 264
Fireproof building
Status: in_force

§ 264. Fireproof building. "Fireproof building" means a building\nconforming to the following requirements:\n  1. All exterior walls shall be constructed of brick, or stone, or\nconcrete, or cinder block, or concrete block, or tile, or terra cotta or\nsuch other material as shall be specified in the rules of the board. The\nboard shall determine and specify in its rules such requirements as it\ndeems necessary for the construction of exterior walls.\n  2. All floors and roofs shall be built of brick, or cinder block, or\nconcrete block, or tile, or terra cotta, or reinforced concrete\nsupported by steel or reinforced concrete beams and girders. The board\nshall determine and specify in its rules such other materials, the\nmanner of construction of floors and roofs and such other requirements\nas may be deemed necessary to carry into effect the intent of this\nchapter.\n  3. All structural metal shall be encased in fireproof material, of\nsuch thickness as shall be specified in the rules of the board.\n  4. All vertical openings leading from one floor to another, except one\ncreated by a mezzanine floor, shall be enclosed by fireproof or\nfire-resisting materials in a manner conforming to rules adopted by the\nboard.\n  5. All stairways, landings, hallways, floor surfaces, furring,\nceilings, partitions, sash, trim, window frames, doors and other\ninterior finish, shall be constructed of incombustible material; but\nnothing in this section shall prevent the use of such combustible\nmaterials as the board shall determine and specify in its rules. Such\nrules shall also specify the circumstances or conditions under which\ncombustible flooring, trim, acoustical material, insulating material or\nother interior finish may be used or applied to floors, walls,\npartitions or ceilings of fireproof buildings.\n  6. All windows shall be fire windows except:\n  a. In buildings less than seventy feet in height erected after October\nfirst, nineteen hundred and thirteen, where the windows are located more\nthan thirty feet from another building or open on a court or space more\nthan thirty feet wide;\n  b. In buildings less than one hundred and fifty feet in height erected\nbefore October first, nineteen hundred and thirteen, where the windows\nare located more than thirty feet from another building.\n  c. Fire windows may be provided with plate glass not less than\none-fourth of an inch in thickness, no light of which shall exceed seven\nhundred and twenty square inches in area.\n  (1) If the windows are located more than thirty feet horizontally or\nfifty feet vertically from the nearest opening in the wall of another\nbuilding.\n  (2) If the windows are located more than fifty feet in a vertical\ndirection above the roof of a building within a horizontal distance of\nthirty feet of the wall in which the said windows are located.\n  7. Partitions. All partitions in the interior of fireproof buildings\nshall be of incombustible material. Nothing in this section shall\nprevent the use, in a building equipped with automatic sprinklers, of\nsubdividing partitions of wood, or of wood and glass, in spaces used\nsolely for office or show-room purposes, provided, however, that where\nsuch spaces are contiguous to any room or rooms in which manufacturing\nis carried on, such spaces shall be separated from such room or rooms by\na dividing partition which, including doors, is constructed of\nincombustible material.\n
N.Y. PBA Law § 565 — New York Code / Act PBA / Article 3 / Title 3 / Section 565
Bonds legal investments for fiduciaries
Status: in_force

§ 565. Bonds legal investments for fiduciaries. The bonds are hereby\nmade securities in which all public officers and bodies of this state\nand all municipalities and municipal subdivisions, all insurance\ncompanies and associations and other persons carrying on an insurance\nbusiness, all banks, bankers, trust companies, savings banks and saving\nassociations, including savings and loan associations, building and loan\nassociations, investment companies and other persons carrying on a\nbanking business, all administrators, guardians, executors, trustees and\nother fiduciaries and all other persons whatsoever who are now or may\nhereafter be authorized to invest in bonds or other obligations of the\nstate, may properly and legally invest funds including capital in their\ncontrol or belonging to them.  The bonds are also hereby made securities\nwhich may be deposited with and shall be received by all public officers\nand bodies of this state and all municipalities and municipal\nsubdivisions for any purpose for which the deposit of bonds or other\nobligations of this state is now or may hereafter be authorized.\n
N.Y. VAT Law § 341 — New York Code / Act VAT / Title 3 / Article 7 / Section 341
Amount of proof required
Status: in_force

§ 341. Amount of proof required. Proof of financial responsibility\nshall mean proof of ability to respond in damages for liability\nthereafter incurred, arising out of the ownership, maintenance or use of\na motor vehicle, in the amount of twenty-five thousand dollars because\nof bodily injury to or fifty thousand dollars because of death of any\none person, and subject to said limit respecting one person, in the\namount of fifty thousand dollars because of bodily injury to or one\nhundred thousand dollars because of death of two or more persons in any\none accident, and in the amount of ten thousand dollars because of\ninjury to or destruction of property in any one accident. Such proof in\nsuch amounts shall be furnished for each motor vehicle registered by\nsuch person.\n
N.Y. RPT Law § 364 — New York Code / Act RPT / Article 3 / Title 3 / Section 364
Inconsistent laws inapplicable
Status: in_force

§ 364. Inconsistent laws inapplicable. Provisions of all general,\nspecial, local or other laws which are inconsistent with the provisions\nof this title shall be inapplicable to cities to which this title\napplies, but if not inconsistent shall apply to such cities.\n
N.Y. PBH Law § 1153 — New York Code / Act PBH / Article 11 / Title 3 / Section 1153
Rules and regulations
Status: in_force

§ 1153. Rules and regulations.  The department shall have the power to\nmake any rules and regulations that are necessary and appropriate to\ncarrying out the purposes of this title.\n
N.Y. LAB Law § 263 — New York Code / Act LAB / Article 11 / Title 3 / Section 263
Fireproof partition or fire partition
Status: in_force

§ 263. Fireproof partition or fire partition. "Fireproof partition" or\n"fire partition" means a partition built of brick, or concrete, or\nreinforced concrete, or cinder block, or concrete block, or tile, or\nterra cotta blocks conforming with the requirements of the board. The\nboard shall determine and specify in its rules such other materials as\nmay be used and such requirements as are necessary for the construction\nof fire partitions and the protection of supporting metal framework.\n  Each opening in any fire partition shall have a fire door unless\notherwise specified by the board in its rules.\n
N.Y. ENV Law § 19-0307 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0307
Certificates of compliance for purposes of the Real Property Tax Law
Status: in_force

§ 19-0307. Certificates of compliance for purposes of the Real Property\n             Tax Law.\n  1. For the purposes of section 481 of the Real Property Tax Law, the\ncommissioner or his designated representative is hereby authorized to\nissue certificates of compliance concerning air pollution control\nfacilities and air pollution controlled process facilities as defined in\nsuch law. No such certificate shall be issued unless the facility to\nwhich it is applicable is in compliance with applicable provisions of\ntitles 1 to 11, inclusive, and title 19 of article 17, article 19, and\ntitle 1 of article 27 of this chapter; of the Public Health Law; of the\nstate sanitary code and of codes, rules, regulations, permits or orders\nissued pursuant thereto.\n  2. In the case of facilities which have not been completed prior to\nthe close of a taxable status date with respect to which an exemption\nmay be claimed under the Real Property Tax Law, a temporary certificate\nof compliance may be issued if the commissioner or his representative is\nsatisfied, on the basis of the construction which has taken place, that\nsuch facilities, when completed, will be in compliance with the\nprovisions of titles 1 to 11, inclusive, and title 19 of article 17,\narticle 19, and title 1 of article 27 of this chapter; of the Public\nHealth Law, of the state sanitary code, and codes, rules, regulations,\npermits or orders issued pursuant thereto. Such a temporary certificate\nshall apply only to taxes levied as of the taxable status date with\nrespect to which such a certificate is issued.\n  3. The certificate of compliance may be revoked by the commissioner,\nafter providing an opportunity to be heard, upon a determination that\nthe facility to which it was applicable either is not, or has not been,\nin compliance with applicable provisions of this chapter, the state\nsanitary code or codes, rules, regulations, permits or orders issued\npursuant thereto. Upon revocation, the commissioner shall notify the\ncommissioner of taxation and finance and the assessor of the appropriate\ncounty, city, town or village.\n
N.Y. ELN Law § 12-300 — New York Code / Act ELN / Article 12 / Title 3 / Section 12-300
Representatives in congress; election of
Status: in_force

§ 12-300. Representatives in congress; election of. Representatives in\nthe house of representatives of the congress of the United States shall\nbe chosen in the several congressional districts at the general election\nheld in every even-numbered year. Elections to fill a vacancy for an\nunexpired term shall be held as provided in the public officers law.\n
N.Y. MRE Law § 171 — New York Code / Act MRE / Article 5 / Title 3 / Section 171
Water-closet and bath accommodations
Status: in_force

§ 171. Water-closet and bath accommodations.  1. Every dwelling\narranged for permanent occupancy shall contain a water-closet in every\napartment.\n  2. The floor of every compartment, bathroom or general toilet room\nshall be made waterproof and such waterproofing shall extend six inches\nor more above the floor so that the floor can be washed or flushed out\nwithout leaking. No plumbing or plumbing fixture shall be enclosed\nwholly or in part with woodwork.\n  3. Water-closets may be placed together in a general toilet room\nprovided such water-closets are supplementary to the water-closet\naccommodations required for the exclusive use of tenants of the\ndwelling, or are solely for the use of business portions of the\ndwelling.\n  4. Every apartment arranged for permanent occupancy shall contain a\nbath or shower accessible from every bedroom without passing through any\nother bedroom. In dwellings arranged for transient occupancy there shall\nbe at least one shower or bath for every eight resident occupants.\n  5. Except as specifically provided otherwise in this chapter, every\nwater-closet compartment and bath or shower room shall have a window\nopening upon a street or upon a lawful court or yard.\n  6. In lieu of a required window or skylight, it shall be lawful to\ninstall a system of mechanical or gravity ventilation for water-closet\ncompartments or bathrooms in any portion of a dwelling. Such system of\nventilation shall be constructed, arranged and maintained continuously\nto provide at least four changes per hour of the air volume of each such\nwater-closet compartment or bathroom.\n
N.Y. ENV Law § 33-0301 — New York Code / Act ENV / Article 33 / Title 3 / Section 33-0301
Declaration of policy and purposes
Status: in_force

§ 33-0301. Declaration of policy and purposes.\n  The purpose of this article is to regulate the registration,\ncommercial use, purchase and custom application of pesticides.\nPesticides, properly used for the control of insects, fungi, weeds, and\nnematodes, and as defoliants, desiccants, and plant regulators and for\nrelated purposes, are valuable, important and necessary to the welfare,\nhealth, economic well-being and productive and industrial capabilities\nof the people of this state. However, such materials, if improperly\nused, may injure health, property and wildlife. It is hereby declared to\nbe a matter of legislative determination that the regulation of the\nregistration, commercial use, purchase and custom application of\npesticides is needed in the public interest and that in the exercise of\nthe police power all persons be required to register or obtain permits\nbefore engaging in such activities.\n
N.Y. PBA Law § 569-D — New York Code / Act PBA / Article 3 / Title 3 / Section 569-D
Protection of bondholders
Status: in_force

§ 569-d. Protection of bondholders. Nothing in this title contained\nshall be deemed to limit or alter in any way the rights and obligations\nof the authority to establish and collect such tolls, fees, rentals and\nother charges as may be necessary or required to produce sufficient\nrevenues to meet and to fulfill the terms and provisions of the\ncontracts made with the holders and registered owners of the bonds or in\nany way impair the constitutional rights of the holders and registered\nowners of the bonds.\n
N.Y. RPT Law § 1138 — New York Code / Act RPT / Article 11 / Title 3 / Section 1138
Withdrawal of parcels from foreclosure
Status: in_force

§ 1138. Withdrawal of parcels from foreclosure.  1. Grounds. The\nenforcing officer of any tax district may at any time prior to final\njudgment withdraw any parcel of real property from a foreclosure\nproceeding under this title for one or more of the following reasons:\n  (a) there is reason to believe that there may be a legal impediment to\nthe enforcement of the tax lien affecting such parcel;\n  (b) the tax has been cancelled or is subject to cancellation pursuant\nto section five hundred fifty-eight of this chapter, or, in the case of\na tax district to which such section does not apply, the tax would be\nsubject to cancellation if such section were applicable to the tax\ndistrict;\n  (c) the enforcement of the lien has been stayed by the filing of a\npetition pursuant to the Bankruptcy Code of 1978 (Title Eleven of the\nUnited States Code);\n  (d) if the tax district were to acquire the parcel, there is a\nsignificant risk that it might be exposed to a liability substantially\nin excess of the amount that could be recovered by enforcing the tax\nlien;\n  (e) the owner of the parcel has entered into an agreement to pay the\ntaxes in installments pursuant to section eleven hundred eighty-four of\nthis article, and has not defaulted thereon;\n  (f) in a tax district which has extended the redemption period for\nresidential or farm property, (i) the parcel has been included on a\npetition for foreclosure, (ii) it has since been demonstrated to the\nsatisfaction of the enforcing officer that the parcel is residential or\nfarm property, and (iii) being residential or farm property, the parcel\nis not yet subject to inclusion on such a petition;\n  (g) in a tax district which has extended the redemption period for\nresidential property for certain persons deployed by the military (i)\nthe parcel has been included on a petition for foreclosure, (ii) has\nbeen demonstrated to the satisfaction of the enforcing officer that the\nparcel is residential, (iii) the property is eligible for the extended\nredemption period pursuant to section eleven hundred thirteen of this\narticle, and as such is not yet subject to inclusion of such a petition;\nor\n  (h) the tax lien has been or is to be sold pursuant to title five of\nthis article.\n  2. Procedure. (a) Upon the withdrawal from foreclosure of any parcel\nof real property, the enforcing officer shall issue a certificate of\nwithdrawal, setting forth the facts which render the parcel eligible for\nwithdrawal from foreclosure. The certificate shall be filed with the\nclerk of the governing body of the tax district.\n  (b) If the parcel has been included on a list of delinquent taxes that\nhas been filed pursuant to section eleven hundred twenty-two of this\ntitle, the enforcing officer shall file a copy of the certificate of\nwithdrawal with the county clerk within ten business days from the\nissuance of the certificate. The county clerk shall note the word\n"withdrawn" and the date of such filing opposite the description of such\nparcel on the list.\n  3. Effect. The filing of such a certificate shall have the effect of\nwithdrawing the affected parcel from foreclosure; provided, that (a) the\nfiling shall have no effect upon the tax lien or liens against the\naffected parcel, nor, if the parcel has been included on a list of\ndelinquent taxes that has been filed pursuant to section eleven hundred\ntwenty-two of this article, upon the notice of pendency with respect to\nany such parcel, unless the lien should be cancelled pursuant to\nsubdivision six of this section or such other law as may be applicable;\nand (b) if the lien is not cancelled, the foreclosure proceeding may be\nreinstated in the manner provided in subdivision four of this section,\nor a supplementary proceeding to enforce collection of the delinquent\ntax may be commenced in the manner provided in subdivision five of this\nsection.\n  4. Reinstatement. (a) The enforcing officer shall reinstate a\nwithdrawn foreclosure proceeding if (i) he or she determines that the\nparcel is no longer eligible for withdrawal from foreclosure, or (ii)\nthe governing body of the tax district adopts a resolution directing the\nenforcing officer to reinstate such proceeding.\n  (b) The enforcing officer shall issue a certificate of reinstatement\nsetting forth the reasons for the reinstatement of the proceeding.\n  (c) If the parcel has been marked "withdrawn" on a list of delinquent\ntaxes that has been filed pursuant to section eleven hundred twenty-two\nof this title, the enforcing officer shall file a copy of the\ncertificate with the county clerk within ten business days from the\nissuance of the certificate. The county clerk shall note the word\n"reinstated" and the date of the filing of the certificate of\nreinstatement opposite the description of such parcel on the list.\n  (d) The enforcing officer shall file a petition of foreclosure\npertaining to the affected parcel as soon thereafter as is practicable.\nIn no event, however, shall such petition be filed sooner than\ntwenty-one months after lien date, or, in the case of property which is\nsubject to a three or four year redemption period, sooner than\nthirty-three or forty-five months after lien date, respectively.\n  5. Supplementary proceedings. After a foreclosure proceeding has been\nwithdrawn, the enforcing officer shall commence a supplementary\nproceeding to collect the delinquent taxes in the manner provided by\nsection nine hundred ninety of this chapter if (a) he or she determines\nthat doing so would be an effective means to enforce collection of the\ndelinquent tax, or (b) the governing body of the tax district adopts a\nresolution directing the enforcing officer to commence such a\nproceeding. Such a proceeding may be commenced within one year from the\nissuance of a certificate of withdrawal, notwithstanding the fact that\nthe enforcing officer may have previously proceeded pursuant to the\nprovisions of this article.\n  6. Cancellation. (a) After a foreclosure proceeding has been\nwithdrawn, the governing body of the tax district may cancel the\ndelinquent tax lien if it determines that there is no practical method\nto enforce the collection of the delinquent tax lien and that a\nsupplementary proceeding to enforce collection of the tax would not be\neffective. A copy of the resolution directing the cancellation of the\nlien shall be filed with the enforcing officer.\n  (b) If the parcel has been included on a list of delinquent taxes that\nhas been filed with the county clerk, the enforcing officer shall issue\na certificate of cancellation, setting forth the relevant facts, and\nfile a copy of the same with the county clerk within ten business days\nfrom the issuance of the certificate. The county clerk shall note the\nword "cancelled" and the date of the filing of the certificate of\ncancellation opposite the description of such parcel on the list. The\nfiling of such a certificate of cancellation shall operate to cancel the\nnotice of pendency with respect to the parcel.\n  (c) A tax district shall not be required to credit or otherwise\nguarantee to any municipal corporation the amount of any delinquent tax\nlien which has been cancelled in the manner provided by this section. If\nsuch a credit or guarantee shall have been given before the cancellation\nof the lien, the tax district shall be entitled to charge back to the\nmunicipal corporation the amount so credited or guaranteed.\n  (d) If the governing body should determine that there is no practical\nmethod to enforce the collection of delinquent tax liens arising\nthereafter against the parcel, it may direct the enforcing officer to\nissue a certificate of prospective cancellation, setting forth the\nrelevant facts. The enforcing officer shall file a copy of the\ncertificate with the assessor of the assessing unit in which the parcel\nis located and with the county director of real property tax services.\nThe parcel shall thereby become exempt from taxation notwithstanding any\nother provision of law. The parcel shall remain exempt until the\ngoverning body determines that the parcel should be restored to the\ntaxable portion of the assessment roll, and the enforcing officer files\na certificate of restoration, setting forth the relevant facts, with the\nassessor and county director of real property tax services.\n
N.Y. PBH Law § 4139 — New York Code / Act PBH / Article 41 / Title 3-A / Section 4139
Certificates of dissolution of marriages to be filed with the department; duties of county clerks in connection therewith
Status: in_force

§ 4139. Certificates of dissolution of marriages to be filed with the\ndepartment; duties of county clerks in connection therewith. 1. No\ninterlocutory decree, judgment or order of divorce, annulment, or other\ndissolution of marriage shall hereafter be filed or entered in the\noffice of any county clerk of this state, unless there is submitted\ntherewith, a certificate of dissolution of marriage on a form\nprescribed, printed and furnished by the commissioner. Such form may\ncontain a confidential section for statistical and research purposes.\nSuch section shall not be subject to subpoena or to inspection by\npersons other than the commissioner or authorized personnel of the\ndepartment. The commissioner may, however, pursuant to appropriate rules\nassuring that the identity of individuals will not be revealed, approve\nthe inspection and use of such confidential sections for scientific\npurposes.\n  2. Such certificate shall contain the names and addresses of the\nattorneys for the parties thereto, the names, social security numbers\nand addresses of the parties to the action, and such other information\nas prescribed by the commissioner, including but not limited to such\ninformation as may be requested by the federal agency in charge of vital\nstatistics.\n  3. At such times as the commissioner shall direct, the county clerk of\neach county shall transmit to the department the certificates of\ndissolution of marriage so filed in his office for each case where the\ndecree became final during the previous months. Such certificates of\ndissolution of marriage shall be kept on file and properly indexed by\nthe department.\n  4. A certified copy or certified transcript of such certificate may be\nfurnished to either party to the action by the commissioner. A certified\ncopy or certified transcript of such certificate may be furnished by the\ncommissioner to one other than a party to the action, only upon order of\na judge of a court of record, or a judge of a family court, granted upon\napplication of such other person, with or without notice, upon showing a\nproper or judicial necessity therefor, which order and the papers\naccompanying same shall be filed by the commissioner and given the\nindexed number of the certificate of dissolution to which it relates.\nThe commissioner shall be deemed to have complied with the applicable\nprovisions of this subdivision by the issuance of a certified transcript\nof the desired certificate instead of a certified copy thereof except\nwhere the requester shall show, to the satisfaction of the commissioner\nor his designated representative, a demonstrated need for such certified\ncopy, or where a court order rendered pursuant to the provisions of this\nsubdivision contains an express recital or direction therein that the\nissuance of a certified transcript of such certificate instead of a\ncertified copy thereof shall not be considered to be in compliance\ntherewith.\n  5. Whenever in his opinion, information as to the dissolution of a\nmarriage is required for a legal or other proper purpose, the\ncommissioner may make a search of the files and, if the record of\ndissolution of marriage is found, he may furnish to the applicant, in\nthe form of a certification, the names of the parties to the dissolved\nmarriage, the name of the county and county seat of such county in which\nthe decree dissolving the marriage was granted, and the date the decree\nwas entered.\n  6. The commissioner shall be entitled to a fee of thirty dollars for\neach certification, certified copy or certified transcript of\ncertificate of dissolution of marriage furnished.\n  7. For a search of the files where no such certification, certified\ncopy, or certified transcript is furnished, or for a certification that\na search discloses no record of a dissolution of marriage, the\ncommissioner shall be entitled to a fee of thirty dollars.\n  8. Notwithstanding any other provisions of this section, the federal\nagency in charge of vital statistics may obtain from the department at a\nfee acceptable to the commissioner, information from certificates of\ndissolution of marriage for use solely as statistical data without the\norder of a justice of the supreme court. For other official purposes,\nsubject to the provisions of subdivision four of this section,\ncertifications, certified copies, or certified transcripts of\ncertificates of dissolution of marriage may be furnished, at a fee\nacceptable to the commissioner upon specific request therefor by a\ndepartment of the state of New York or of the government of the United\nStates.\n
N.Y. LFN Law § 38.10 — New York Code / Act LFN / Article 2 / Title 3 / Section 38.10
Bond anticipation note resolution; form and contents
Status: in_force

§ 38.10 Bond anticipation note resolution; form and contents.\nWhenever the finance board shall authorize the issuance of bond\nanticipation notes or renewals thereof, it shall do so by a "bond\nanticipation note resolution." Each such resolution shall be properly\ndated and shall bear a title which will indicate that it relates to a\nbond anticipation note. Whenever a bond anticipation note has been duly\nauthorized by a chief fiscal officer the certificate required to be\nfiled by such officer pursuant to section 30.00 of this chapter shall\nbear a title which will indicate that it relates to a bond anticipation\nnote. Every such resolution shall contain, in substance, at least the\nfollowing provisions:\n  1. A statement of the specific object or purpose or the class of\nobjects or purposes for which the obligations to be authorized by such\nresolution are to be issued. Such specific object or purpose shall be\ndescribed in brief and general terms sufficient for a reasonable\nidentification.\n  2. A specific reference to the bond resolution or resolutions\nauthorizing the bonds in anticipation of the sale of which such notes\nare to be issued.\n  3. A statement of the amount of bonds to be issued for such specific\nobject or purpose or class of objects or purposes and whether such bonds\nare to be serial or sinking fund bonds.\n  4. A statement of the amount of such bond anticipation notes to be\nissued.\n  5. A statement of the amount of bond anticipation notes which are\noutstanding which had been previously issued in anticipation of the sale\nof such bonds.\n  6. A statement as to whether or not such notes are renewal notes and\nif they are, the date of issuance of the original notes issued in\nanticipation of the sale of such bonds.\n  7. A statement of the period of maturity of such notes.\n  8. A statement indicating whether or not such notes are issued in\nanticipation of bonds for an assessable improvement.\n
N.Y. PBH Law § 2999-C — New York Code / Act PBH / Article 29-D / Title 3 / Section 2999-C
Definition
Status: in_force

* § 2999-c. Definition. "Health care plan" shall have the same meaning\nset forth in subdivision four-e of section forty-nine hundred of this\nchapter.\n  * NB Expired April 1, 2011\n
N.Y. PBH Law § 2134 — New York Code / Act PBH / Article 21 / Title 3 / Section 2134
Disclosure of medical information
Status: in_force

§ 2134. Disclosure of medical information. Disclosure of medical\ninformation obtained in accordance with this title, including a\ndiagnosis of HIV infection, may be made only to (a) the protected\nindividual, (b) the municipal health commissioner or district health\nofficer if such commissioner or officer is not the examining physician,\nand (c) without specifically revealing the identity of the protected\nindividual, contacts as defined pursuant to subdivision ten of section\ntwenty-seven hundred eighty of this chapter.\n
N.Y. LAB Law § 534 — New York Code / Act LAB / Article 18 / Title 3 / Section 534
Appeal board
Status: in_force

§ 534. Appeal board.  The appeal board is hereby continued. Such board\nshall consist of five salaried members, not more than three of whom\nshall be adherents of the same political party. One of the members of\nthe board shall be designated as chairman by the governor. The governor\nshall appoint or reappoint members for terms of six years. Vacancies\nshall be filled by appointment by the governor for the unexpired term. A\nmember of the board may be removed by the governor for cause, after a\nhearing.\n  Any hearing, inquiry, or investigation required or authorized to be\nconducted or made by the board may be conducted or made by any\nindividual member thereof, and the order, decision, or determination of\nsuch member shall be deemed the order, decision, or determination of the\nboard from the date of filing thereof in the department, unless the\nboard on its own motion or on application duly made to it modify or\nrescind such order, decision, or determination.\n  The board shall establish and maintain a current index, by topic, of\nthe principles of law established by the decisions rendered by the board\nand the courts concerning matters arising under this article. Such index\nshall cite all appropriate authority which supports such principles and,\nwhere appropriate, all conflicting authority. Such index shall also\ncontain a glossary of technical and statutory terms commonly used by the\nboard in its decisions.  Copies of such index shall be open for public\ninspection and examination, and shall be made available at all locations\nwhere unemployment insurance hearings, authorized or mandated by section\nsix hundred twenty of this chapter, are conducted.\n
N.Y. PBA Law § 1470-M — New York Code / Act PBA / Article 7 / Title 3-A / Section 1470-M
Tax exemptions
Status: in_force

* § 1470-m. Tax exemptions. 1. It is hereby determined that the\ncreation of the authority and the carrying out of its corporate purposes\nis in all respects for the benefit of the people of the city of Rome and\nits environs, and is a public purpose, and the authority shall be\nregarded as performing a governmental function in the exercise of the\npowers conferred upon it by this title and shall be required to pay no\ntaxes or assessments upon any of the property acquired by it or under\nits jurisdiction, 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  * NB City of Rome Parking Authority ceased to exist 12/31/2000 per §\n1470-b, and thereafter until all liabilities have been met/discharged,\nand all bonds paid/discharged\n
N.Y. EXC Law § 522 — New York Code / Act EXC / Article 19-G / Title 3 / Subtitle A / Section 522
Actions against persons rendering health care services at the request of the division; defense and indemnification
Status: in_force

§ 522. Actions against persons rendering health care services at the\nrequest of the division; defense and indemnification. The provisions of\nsection seventeen of the public officers law shall apply to any person\nholding a license to practice a profession pursuant to article one\nhundred thirty-one, one hundred thirty-one-B, one hundred thirty-two,\none hundred thirty-three, one hundred thirty-six, one hundred\nthirty-seven, one hundred thirty-nine, one hundred forty-one, one\nhundred forty-three, one hundred fifty-six or one hundred fifty-nine of\nthe education law, who is rendering or has rendered professional\nservices authorized under such license while acting at the request of\nthe division or a facility of the division in providing health care and\ntreatment or professional consultation to residents of division\nfacilities, or to infants of residents while such infants are cared for\nin division facilities pursuant to section five hundred sixteen of this\narticle, without regard to whether such health care and treatment or\nprofessional consultation is provided within or without a division\nfacility.\n
N.Y. RPT Law § 350 — New York Code / Act RPT / Article 3 / Title 3 / Section 350
Applicability
Status: in_force

§ 350. Applicability. The provisions of this title shall apply to any\ncity having a population of five million or more inhabitants. The term\n"city", as used in this title, shall mean any such city.\n
N.Y. RPT Law § 1123 — New York Code / Act RPT / Article 11 / Title 3 / Section 1123
Petition of foreclosure
Status: in_force

§ 1123. Petition of foreclosure.  1. Eighteen months after lien date,\nor as soon thereafter as is practicable, the enforcing officer shall\nexecute a petition of foreclosure pertaining to those properties which\nremain subject to delinquent tax liens; provided, however, that in the\ncase of property which is subject to a three or four year redemption\nperiod, such petition shall be executed thirty or forty-two months after\nlien date, respectively, or as soon thereafter as is practicable.\n  2. (a) The petition shall be filed with the clerk of the county in\nwhich the property is situated no later than two business days after the\nexecution thereof and shall be in substantially the following form:\n  ........... Court,.......... County.\n  IN THE MATTER OF THE FORECLOSURE\n  OF TAX LIENS  BY  PROCEEDING IN\n  REM PURSUANT TO  ARTICLE ELEVEN\n  OF THE  REAL  PROPERTY  TAX LAW\n  BY.............................\n  (insert name of tax district).\n                         PETITION OF FORECLOSURE\n  The  above-captioned  proceeding  is  hereby  commenced to enforce the\npayment  of  delinquent  taxes  or  other  lawful  charges  which   have\naccumulated  and  become liens against certain property.  The parcels to\nwhich this proceeding applies are as follows: (insert  the  descriptions\nand the names of the owners of record of each such parcel as of the date\nof the filing of the list of delinquent taxes).\n  (b) In addition to the information required by this section, the\nenforcing officer may incorporate into the petition of foreclosure the\nsubstance of the notice of foreclosure pursuant to section eleven\nhundred twenty-four of this article. Where this option is exercised, the\ndocument may serve as both a petition of foreclosure and as a notice of\nforeclosure for purposes of this article.\n  3. In lieu of placing in the body of the petition the descriptions and\nnames of the owners of the parcels to which the proceeding applies, the\nenforcing officer may place such information in an attachment to the\npetition, in which case the content of the petition shall be revised\naccordingly.\n  4. The petition shall be dated and subscribed by the enforcing officer\nand affirmed by him or her as true under the penalties of perjury.\n  5. A duplicate copy of such petition shall be retained in the office\nof the enforcing officer.\n  6. Every person, including a tax district other than the one\nforeclosing, having any right, title or interest in, or lien upon, any\nparcel described in such petition may redeem such parcel in the manner\nprovided by title two of this article, or may interpose an answer in the\nmanner provided herein.\n  7. An answer to a petition of foreclosure shall be duly verified by\nthe respondent and shall set forth in detail the nature and amount of\nhis or her interest and any defense or objections to the foreclosure of\nthe tax lien. Such answer shall be filed in the office of the county\nclerk and served on the attorney for the tax district foreclosing on or\nbefore the last day for redemption, as specified in the notice of\npetition.  Whenever an answer has been interposed as herein provided,\neither party shall have an absolute right to a severance of the\nproceeding as to the parcel or parcels to which the answer relates.\n  8. In the event of failure to redeem or answer by any person having\nthe right to redeem or answer, such person shall be in default and shall\nbe barred and forever foreclosed from all his or her right, title and\ninterest in and to the parcels described in such petition and a judgment\nin foreclosure may be taken by default as provided by this title.\n
N.Y. GOB Law § 5-321 — New York Code / Act GOB / Article 5 / Title 3 / Section 5-321
Agreements exempting lessors from liability for negligence void and unenforceable
Status: in_force

§ 5-321. Agreements exempting lessors from liability for negligence\nvoid and unenforceable. Every covenant, agreement or understanding in or\nin connection with or collateral to any lease of real property exempting\nthe lessor from liability for damages for injuries to person or property\ncaused by or resulting from the negligence of the lessor, his agents,\nservants or employees, in the operation or maintenance of the demised\npremises or the real property containing the demised premises shall be\ndeemed to be void as against public policy and wholly unenforceable.\n
N.Y. ENV Law § 3-0317 — New York Code / Act ENV / Article 3 / Title 3 / Section 3-0317
Cancer incidence and environmental facility maps project
Status: in_force

* § 3-0317. Cancer incidence and environmental facility maps project.\n  1. For purposes of this section, "environmental facility" shall mean a\nfacility or site which is:\n  (a) permitted as an industrial or municipal facility pursuant to\ntitles 7 or 8 of article 17 of this chapter;\n  (b) registered pursuant to title 10 of article 17 of this chapter;\n  (c) permitted pursuant to article 19 of this chapter;\n  (d) permitted or registered pursuant to title 7 or 9 of article 27 of\nthis chapter;\n  (e) required to file an annual report pursuant to subdivision 6 of\nsection 27-0907 of this chapter;\n  (f) regulated pursuant to title 13 or 14 of article 27 of this\nchapter;\n  (g) regulated as a vehicle dismantler pursuant to title 23 of article\n27 of this chapter;\n  (h) permitted pursuant to article 29 of this chapter;\n  (i) a holder of a commercial permit pursuant to section 33-0901 of\nthis chapter;\n  (j) registered pursuant to article 40 of this chapter;\n  (k) the subject of an environmental restoration project pursuant to\ntitle 5 of article 56 of this chapter;\n  (l) subject to corrective action pursuant to section 71-2727 of this\nchapter;\n  (m) participating in the department's voluntary cleanup program; or\n  (n) licensed pursuant to article 12 of the navigation law as a major\noil storage facility.\n  2. The department shall, pursuant to established security protocols,\nprovide to the department of health the GPS coordinates, category of\nlicense or permit, facility identification number, and address on\ncurrent environmental facilities that are necessary for the department\nof health to develop and maintain cancer incidence and environmental\nfacility maps required pursuant to section twenty-four hundred one-b of\nthe public health law, and shall provide any technical assistance\nnecessary for the development of such maps. The department, in\nconsultation with the department of health, shall update such data not\nless than once every five years.\n  3. The department shall work with the office of homeland security to\nestablish security protocols regarding the disclosure of data on current\nenvironmental facilities.\n  * NB Repealed May 1, 2028\n
N.Y. RPT Law § 956 — New York Code / Act RPT / Article 9 / Title 3-A / Section 956
Additional liabilities of mortgage investing institutions
Status: in_force

§ 956. Additional liabilities of mortgage investing institutions. 1.\nIn addition to any other remedies permitted by law, a mortgagor whose\ntaxes are to be paid by means of a real property tax escrow account\npursuant to this title may bring an action against the mortgage\ninvesting institution maintaining such account for the mortgagor under\nthe provisions of this section if payments for real property taxes have\nnot been made for one hundred eighty days after the date such taxes have\nbecome due and payable. If a court shall find, after considering the\ncircumstances of the failure of a mortgage investing institution to pay\nthe real property taxes of a mortgagor pursuant to an escrow agreement,\nthat such failure was due to the negligence or intentional acts of the\nmortgage investing institution, its agent, or both, the court may award\nthe mortgagor injunctive relief and liquidated damages in an amount\nequal to three times the tax not paid within such one hundred eighty day\nperiod but in no event greater than six thousand dollars.\n  2. In addition to any other violations provided by law, if a mortgage\ninvesting institution through negligence or intentional acts fails to\npay real property taxes for more than one hundred eighty days after the\ndate such taxes become due and payable, it shall constitute a separate\nviolation of this title.\n
N.Y. ENV Law § 11-0306 — New York Code / Act ENV / Article 11 / Title 3 / Section 11-0306
The Hudson River estuary management program
Status: in_force

§ 11-0306. The Hudson River estuary management program.\n  1. There is established a Hudson River estuarine district which shall\ninclude the tidal waters of the Hudson River, including the tidal waters\nof its tributaries and wetlands from the federal lock and dam at Troy to\nthe Verrazzano-Narrows.\n  2. The department shall establish a Hudson River estuary management\nprogram for the Hudson River estuarine district and associated\nshorelands, with consideration to the remainder of the Hudson River, New\nYork bight, and the waters around Long Island only as they impact the\nHudson River estuary, in order to protect, preserve and, where possible,\nrestore and enhance the Hudson River estuarine district.\n  3. The commissioner shall appoint a Hudson River estuary management\nadvisory committee with whom he or she shall consult on regulatory,\npolicy and other matters affecting the management, protection and use of\nthe Hudson River estuarine district and on the formulation of a Hudson\nRiver estuary management program. Such committee shall consist of not\nless than eleven members who represent interests directly involved in\nthe Hudson River estuarine district and shall include representatives of\ncommercial fishing, sportsmen, research, conservation, and recreation.\nFor the purpose of immediate implementation of this section, the\ncommittee shall consist of the current members of the Hudson River\nfishery advisory committee.\n  4. The commissioner shall maintain in the department the position of\nHudson River estuary coordinator to manage the Hudson River estuary\nmanagement program and to assist the commissioner and the advisory\ncommittee in its development and implementation.\n  5. There is established a Hudson River estuarine sanctuary for the\npurpose of protecting areas of special ecological significance within\nthe Hudson River estuarine district and associated shorelands. The\nestuarine sanctuary shall be managed as a long-term estuarine field\nlaboratory for research and education concerning the Hudson River\necosystem. The estuarine sanctuary shall be composed initially of the\nfour sites now within the Hudson River national estuarine research\nreserve (HRNERR). The department shall adopt the Hudson River national\nestuarine research reserve program as a program of the department for\nthe purpose of operating the estuarine sanctuary. The sanctuary shall be\nmanaged by the department in cooperation with the Hudson River estuary\nmanagement advisory committee and the commissioner shall have the\nauthority to designate additional sites for inclusion within the\nestuarine sanctuary. The estuarine sanctuary shall be open to those\nactivities that are compatible with the primary purposes and management\ngoals of the estuarine sanctuary and its individual sites.\n  6. The department, in cooperation with the Hudson River estuary\nmanagement advisory committee, shall report to the chairpersons of the\nassembly committee on environmental conservation and the senate\ncommittee on environmental conservation on or before March first,\nnineteen hundred eighty-eight with an estuary management strategy for\nthe development of a continuing fifteen-year estuary management program\nfor the preservation, protection, restoration and enhancement of the\nHudson River estuarine district and associated shorelands including but\nnot limited to its natural resources, its fish and wildlife and the\nhabitats within it. The estuary management strategy shall include but\nnot be limited to the following:\n  a. A discussion of how the Hudson River estuary functions and the\nrelative role of different species and an explanation of the role of the\nHudson River estuary as a distinct ecosystem, as a habitat for fish and\nwildlife, as a commercial fishery and as a recreational resource.\n  b. Identification of areas of special ecological significance within\nthe estuarine district and associated shoreland including but not\nlimited to spawning, nursery, wintering, feeding and foraging habitat\nfor marine, anadromous, catadromous, riverine, and freshwater species\nand a description of the annual dynamics of such habitats including the\ngeochemical, thermodynamic, biological, hydrodynamic and hydrological\nstates and mechanisms critical to habitat maintenance.\n  c. A plan for the development and operation of the Hudson River\nestuarine sanctuary which shall include criteria for the identifcation\nof additional areas of special ecological significance and for additions\nto the Hudson River estuarine sanctuary and a program of education and\nresearch which shall be consistent with the purposes of subdivision five\nof this section.\n  d. A status report on the populations and relative abundance of\nspecies that have potential or existing recreational or commercial value\nor that play a key role in the functioning of the estuary and on the\ndiversity of species in the estuarine district, including a plan for\nmaintaining an accurate evaluation of populations and relative abundance\nand diversity on an annual basis.\n  e. Evaluation of the impact of the uses of water on the Hudson River\nestuarine district including present and future demands for water and\ntheir impact on the balance of fresh and salt water in the estuary and\nthe role of the location of the salt front in the estuary.\n  f. Identification of areas of potential ecological significance which\nmay require rehabilitation.\n  g. A status report on the levels of toxicants in and their effects on\nimportant estuarine indicator species and for species that have\npotential or existing recreational or commercial value.\n  h. Identification of the anthropogenic activities and the conservation\nand management problems that pose an existing or potential threat to the\nresources and the functioning of the estuary.\n  i. An inventory of ownership and tenancy of underwater lands in the\nestuarine district.\n  j. Recommendations for developing the economic potential of the Hudson\nRiver fishery and maintaining its traditional commercial fishery.\n  k. Recommendations for implementation of a fifteen-year estuary\nmanagement program including a list of tasks that must be accomplished\nto implement the purposes stated in this subdivision and address the\nfindings and implement the recommendations of the estuary management\nstrategy.\n  l. Evaluation of the existing resources and authority of the\ndepartment to implement the estuary management program including\nresearch, information and data needs and legislative, administrative and\nregulatory recommendations and the potential role of private sources and\ninstitutions.\n  7. On or before January first, nineteen hundred eighty-nine, the\ncommissioner shall present the department's Hudson River estuary\nmanagement program at a public hearing. This public hearing shall be\nadvertised in official newspapers in each county along the Hudson River\ncorridor from the city of New York to Albany and Rensselaer counties.\nThe program and public comments regarding it shall be included in a\nreport on the program to be filed with the chairperson of the assembly\nenvironmental conservation committee and the chairperson of the senate\ncommittee on environmental conservation on or before March first,\nnineteen hundred eighty-nine.\n  8. On or before the first day of March of each year, commencing on\nMarch first, nineteen hundred ninety, the commissioner shall prepare a\nreport detailing the progress of the estuary management program\nincluding but not limited to consideration of those matters listed in\nsubdivision six of this section as well as any planned or anticipated\nregulatory or policy changes which may affect the estuarine district.\nThe commissioner shall present the department's annual report at a\nspecial public meeting for the purpose of public review and to hear\npublic comment on the annual report. The report shall be filed with the\nchairpersons of the assembly committee on environmental conservation and\nthe senate committee on conservation and recreation.\n  9. The commissioner shall consult with the advisory committee\nregularly and in a timely fashion in the preparation of the estuary\nmanagement strategy, the estuary management program and his or her\nyearly report to the legislature regarding any planned or anticipated\nregulatory or policy changes which will affect the estuarine district.\nThe commissioner shall include in his or her reports to the legislature\nthe comments, recommendations and observations of the advisory committee\nand a discussion of the consulting role that was played by the advisory\ncommittee.\n  10. The advisory committee shall consult with department personnel on\nmatters affecting the Hudson River estuary on a regular basis and report\nto the commissioner on or before the first day of December of each year\non its activities and concerns.\n  11. Any agreement or negotiated settlement which existed between the\ncommissioner and the previously existing Hudson River fishery advisory\ncommittee, whose membership will comprise the Hudson River estuary\nmanagement advisory committee for the immediate purposes of implementing\nthis section, shall be binding between the commissioner and the Hudson\nRiver estuary management advisory committee.\n
N.Y. PBA Law § 3963 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3963
Remedies of bondholders
Status: in_force

§ 3963. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to paragraph (f) of subdivision six of\nsection thirty-nine hundred sixty-two of this title: 1. In the event\nthat the authority shall default in the payment of principal of or\ninterest on any issue of bonds, notes or other obligations after the\nsame shall become due, whether at maturity or upon call for redemption,\nand such default shall continue for a period of thirty days, or shall\ndefault in any agreement made with the holders of any issue of bonds,\nnotes, or other obligations, the holders of at least twenty-five per\ncentum in aggregate principal amount of the bonds, notes or other\nobligations of such issue then outstanding, by instrument or instruments\nfiled in the office of the clerk of the county and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such bonds, notes or other\nobligations for the purpose provided in this section.\n  2. Such trustee may, and upon written request of the holders of at\nleast twenty-five per centum in principal amount of such bonds, notes or\nother obligations outstanding shall, in his or her or its own name: (a)\nby action or proceeding in accordance with the civil practice law and\nrules, enforce all rights of the holders of such bonds, notes or other\nobligations and require the authority to carry out any other agreements\nwith the holders of such bonds, notes or other obligations and to\nperform its duties under this title; (b) bring an action or proceeding\nupon such bonds, notes or other obligations; (c) by action or\nproceeding, require the authority to account as if it were the trustee\nof an express trust for the holder of such bonds, notes or other\nobligations; and (d) by action or proceeding, enjoin any acts or things\nwhich may be unlawful or in violation of the rights of the holders of\nsuch bonds, notes or other obligations.\n  3. Such trustee shall, in addition to the provisions of subdivisions\none and two of this section, have and possess all of the powers\nnecessary or appropriate for the exercise of any functions specifically\nset forth in this section or incident to the general representation of\nholders of bonds, notes or other obligations in the enforcement and\nprotection of their rights.\n  4. The supreme court of the county shall have jurisdiction of any\naction or proceeding by the trustee on behalf of such holders of bonds,\nnotes or other obligations.\n