N.Y. EDN Law § 665 — New York Code / Act EDN / Title 1 / Article 14 / Part 2 / Subpart 1 / Section 665
Payment
Status: in_force

§ 665. Payment. 1. Semester payment. The annual award to each\nrecipient shall be paid in separate installments on a prorated basis,\nfor each semester, quarter, or other term of attendance during the\nacademic year.  For an approved two-year program of study conducted on a\nclock hour basis at a registered private business school, the award\nshall be paid in installments by payment term as such period is defined\nby the rules of the board. The board shall take into consideration in\npromulgating such rules an appropriate proration of the regular program\nof study provided during an academic year and the periods at which\nstudent progress and academic standing are evaluated. In no event shall\nthere be less than two, nor more than four, payment terms in an academic\nyear, including when such year contains a semester, quarter or other\nterm of accelerated study, provided however, that up to thirty percent\nof payments may be paid in the following academic year but no later than\nAugust first.\n  2. Payment for accelerated study. a. If the student enrolls for a term\nof study which shall be beyond the regular program of study for the\nacademic year, an additional award shall be made for each such term of\nstudy on the basis of an equivalent full semester, quarter, or term of\nattendance during the regular academic year.\n  b. If the student enrolls in a term of accelerated study as described\nin paragraph a of this subdivision constituting less than the equivalent\nof a full semester, quarter, or term of attendance, but at least half of\nthe minimum of such a full-time program, as defined by the commissioner\npursuant to article thirteen, the award for such term of study shall be\none-half of the award that would otherwise have been received for\nfull-time study. The total period of study for which payment may be made\nshall not exceed the equivalent of the maximum period authorized for\nthat award. In the case of awards under subdivision four of section six\nhundred sixty-seven, the base award shall be the lesser of (i) one-half\nof the amount of the award provided for or (ii) the amount of tuition,\nand the deduction shall be at one-half the rate that would otherwise\napply to full-time study.\n  c. A student shall qualify for accelerated study upon the completion\nof twenty-four credit hours, or its equivalent, from such institution in\nthe preceding two semesters, or the equivalent, prior to the term of the\napplication provided however, that the equivalent of three credits per\nsemester may be remedial courses and therefore such student shall be\neligible for an accelerated award after having earned a total of\neighteen degree credits in the preceding two semesters.\n  3. Institutional certification, audit and payment procedure.\n  a. Each institution of post-secondary education shall certify to the\ncorporation that each student in attendance at that institution who has\napplied for a general award or academic performance award under this\narticle is eligible for such award in accordance with all criteria\nestablished for such award by statute and regulation. Such certification\nshall be made on forms provided by the president within such time as\nrequired by the president and shall state that, as of the date\nestablished by the institution in accordance with its refund policy and\nthe regulations of the commissioner, the student (i) has incurred a full\ntuition liability for that term of attendance, (ii) was no longer\neligible for a refund upon withdrawal from study, (iii) was in full-time\nattendance and (iv) satisfied all other eligibility requirements for\nsuch award. If any student does not satisfy the necessary eligibility\nrequirements on that date, it shall be the responsibility of the\ninstitution to so state, to specify whether such student was eligible\nprior to that date and the amount of tuition liability incurred.\n  b. The comptroller shall audit institutional adherence to the\nstatutes, rules and regulations governing general and academic\nperformance awards and shall be responsible for determining the amount,\nif any, owed to the state by an institution which amount represents\noverpayment to the institution on a student's behalf. The comptroller\nshall report cases of suspected willful and knowing institutional\nviolation of such statutes, rules or regulations to the district\nattorney in the county in which such institution is located.\n  c. (i) Payments under this article shall be made by the comptroller\nupon the certificate of the president to or for the benefit of the\nrecipient of each award. Such certificate shall be given upon vouchers\nor other evidence provided by the student and by the institution of\nattendance showing that the person named therein is entitled to receive\nthe sum specified, either directly or for his benefit. Payments may be\nmade directly to the school attended by the person named in such\ncertificate, on behalf of and for the benefit of such person. The\npresident may establish such methods of payment, including prepayment,\nof awards to students or to schools on behalf of students as may effect\nthe orderly administration of the program as he may deem appropriate.\nSelection of the method of payment shall be at the option of the\ninstitution, provided, however, that the president may limit\nparticipation in such alternative methods of payment to schools\nfulfilling criteria established by the president to assure the\nappropriate receipt and handling of funds.\n  (ii) Notwithstanding any other provision of law, and in accordance\nwith rules adopted by the board for these purposes, the president may\nsuspend, limit or terminate an institution's participation in the\ngeneral, academic and other award programs administered by the\ncorporation in the event it shall be determined after a hearing\nconducted in accordance with the state administrative procedure act that\nthe institution has violated any statute, rule or regulation applicable\nto such award programs. If the president shall determine that immediate\naction is necessary in order to prevent an unreasonable risk of\nsubstantial loss of funds administered by the corporation, the president\nmay, in accordance with rules and regulations adopted by the board for\nthis purpose, withhold payments and prepayments of awards upon the\ninitiation of the suspension, limitation and termination proceeding as\nan emergency measure. Upon receipt of a report or other information\nindicating a violation by an institution of any law or rule applicable\nto the award programs affecting the eligibility of a substantial number\nof students attending the institution and receiving awards, or\nindicating the institution may terminate its program prior to the\ncompletion of the term or semester or may fail to repay refunds due, the\npresident, in accordance with rules adopted by the board for this\npurpose, may make payments and prepayments to the institution in\ninstallments, in trust, or under such other terms and conditions as the\npresident may deem necessary to assure such payments shall be expended\nconsistent with statutory and regulatory requirements or shall be\navailable for application to the payment of refunds due.\n  (iii) During the initial year a school shall offer approved programs,\nthe president may make payments and prepayments to the school in\ninstallments, in trust, or under such other terms and conditions as the\npresident may deem necessary to assure such payments shall be expended\nconsistent with statutory and regulatory requirements or shall be\navailable for application to the payment of refunds due.\n  d. A registered business school shall submit to the president at such\ntime as the rules of the board may provide a statement of such school's\nfinancial operations and condition as of the end of the school's most\nrecent fiscal period prepared by an independent public auditor in\nconformity with generally accepted auditing standards. Submission of\nsuch a statement may be made a condition of further participation in the\nawards program.\n  4. a. Student refunds. If a student receives payment as a result of\nadministrative error by the institution or the corporation or a false or\nerroneous statement on his application or financial form, or any other\nact of omission or commission on the part of the student, his spouse, or\nhis parents, such that the recipient would otherwise have been\nconsidered by the president ineligible to receive such payment, the\nrecipient shall be required to refund the improper payment to the state.\n  b. Institutional refunds. The president shall require institutions to\nrefund payment to the state, and the student shall not be required to\nrefund such payments, when (i) the president has determined that\ninadequate administrative procedures or practices of the institution\nresulted in the incorrect certification of the eligibility of a program\nor student, or (ii) the commissioner has determined that the institution\nfailed to conduct an approved program in accordance with the regulations\nof the commissioner in effect when such program was conducted.\n  c. The president shall be empowered to: (i) require such payment\nimmediately, (ii) accept a repayment schedule or installment payments\nover a reasonable period of time, (iii) reduce any future award received\nby such student by the amount of the refund due, or (iv) reduce any\nfuture payments receivable by the institution on behalf of currently\neligible students by the amount of refund due with a direction to the\ninstitution to consider each eligible student's account to have been\ncredited with the amount of his award eligibility for that term of\nattendance. The board of trustees shall promulgate regulations governing\nprocedures for the assertion, appeal and recovery of a refund claimed by\nthe corporation against a student or an institution.\n  d. If the recipient or the institution, as the case may be, without\nreasonable cause, fails to promptly comply with the president's demand\nfor such refund, the attorney general of the state shall, upon request\nof the president, bring suit to obtain such refund.\n  5. Payment for prior study. If the recipient of an award under section\nsix hundred five of this chapter, except subdivision four thereof, has\nenrolled in an approved program during the academic year prior to the\nnormal effective date of such aid, his scholarship shall become\neffective at the time he began his regular college course and he shall\nbe entitled to receive payment of awards under such scholarship for such\nprior study.\n  6. Loss of good academic standing. a. If the recipient of an award\nfails to maintain good academic standing as defined by the commissioner\npursuant to article thirteen of this chapter, which definition shall\ninclude direction to institutions to establish standards of reasonable\nprogress toward completion of the program in which a student is\nenrolled, the president shall suspend further payments under the award\nuntil and unless the student shall establish, to the satisfaction of the\ncommissioner, promise of successful completion of the program for which\nthe award is made, and the president may revoke the award if the\nrecipient is not reinstated in good academic standing within a\nreasonable time to be set by the commissioner.\n  b. Students who receive their first state award during the nineteen\nhundred eighty-one--nineteen hundred eighty-two academic year through\nand including the two thousand five--two thousand six academic year,\nshall maintain good academic standing as defined by the commissioner,\nexcept that such standard shall not apply to students receiving aid\nunder section six hundred sixty-seven-a of this part.\n  c. Students who receive their first state award during the two\nthousand six--two thousand seven academic year and thereafter shall make\nsatisfactory progress toward the completion of the program's academic\nrequirements as provided in this paragraph. For purposes of this\nsubdivision, "reasonable progress toward completion of the program"\nshall mean a student must complete, at a minimum, the following\nrequirements at the time of certification; provided that nothing shall\nprevent a college from developing stricter standards to measure\nreasonable progress:\n  (i) For students first receiving aid in two thousand seven--two\nthousand eight, through and including two thousand nine--two thousand\nten, and for students enrolled in a program of remedial study as defined\nin paragraph d of this subdivision who first received aid in two\nthousand seven--two thousand eight, and thereafter, and enrolled in\nfour-year or five-year undergraduate programs whose terms are organized\nin semesters:\n  Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th  9th  10th\n  Certified\n  for This\n  Payment\n  A Student Must 0    3    9    21   33   45   60   75   90   105\n  Have Accrued at\n  Least This\n  Many Credits\n  With At Least  0    1.1  1.2  1.3  2.0  2.0  2.0  2.0  2.0  2.0\n  This Grade\n  Point Average\n  (ii) For students first receiving aid in two thousand seven--two\nthousand eight, through and including two thousand nine--two thousand\nten, and for students enrolled in a program of remedial study as defined\nin paragraph d of this subdivision who first received aid in two\nthousand seven--two thousand eight, and thereafter, and enrolled in\ntwo-year undergraduate programs whose terms are organized in semesters:\n  Before Being   1    2    3    4    5    6\n  Certified\n  for This\n  Payment\n  A Student      0    3    9    18   30   45\n  Must Have\n  Accrued at\n  Least This\n  Many Credits\n  With at Least  0    .5   .75  1.3  2.0  2.0\n  This Grade\n  Point Average\n  (iii) For students first receiving aid in two thousand seven--two\nthousand eight, through and including two thousand nine--two thousand\nten, and for students enrolled in a program of remedial study as defined\nin paragraph d of this subdivision who first received aid in two\nthousand seven--two thousand eight, and thereafter, and enrolled in\nfour-year or five-year undergraduate programs whose terms are organized\non a trimester basis:\n  Before Being   1    2    3    4    5    6    7    8\n  Certified\n  for This\n  Payment\n  A Student      0    2    4    9    17   25   33   40\n  Must Have\n  Accrued at\n  Least This\n  Many Credits\n  With At Least  0    1.1  1.1  1.2  1.2  1.3  2.0  2.0\n  This Grade\n  Point Average\nand,\n  Before Being   9    10   11   12   13   14   15\n  Certified\n  for This\n  Payment\n  A Student      50   60   70   80   90   100  110\n  Must Have\n  Accrued at\n  Least This\n  Many Credits\n  With At Least  2.0  2.0  2.0  2.0  2.0  2.0  2.0\n  This Grade\n  Point Average\n  (iv) For students first receiving aid in two thousand seven--two\nthousand eight, through and including two thousand nine--two thousand\nten, and for students enrolled in a program of remedial study as defined\nin paragraph d of this subdivision who first received aid in two\nthousand seven--two thousand eight, and thereafter, and enrolled in\ntwo-year undergraduate programs whose terms are organized on a trimester\nbasis:\n  Before Being   1    2    3    4    5     6    7    8    9\n  Certified\n  for This\n  Payment\n  A Student      0    2    4    9    15    21   30   37   45\n  Must Have\n  Accrued at\n  Least This\n  Many Credits\n  With At Least  0    .5   .5   .75  .75   1.3  2.0  2.0  2.0\n  This Grade\n  Point Average\n  (v) For students first receiving aid in two thousand ten--two thousand\neleven and thereafter, who do not meet the definition of a student\nenrolled in a program of remedial study as defined in paragraph d of\nthis subdivision, and are enrolled in a four-year or five-year\nundergraduate program whose terms are organized in semesters:\n  Before Being   1st  2nd  3rd  4th  5th   6th  7th  8th  9th 10th\n  Certified\n  for This\n  Payment\n  A Student      0    6    15   27   39    51   66   81   96  111\n  Must Have\n  Accrued at\n  Least This\n  Many Credits\n  With At Least  0    1.5  1.8  1.8  2.0  2.0  2.0  2.0  2.0  2.0\n  This Grade\n  Point Average\n  (vi) For students first receiving aid in two thousand ten--two\nthousand eleven and thereafter, who do not meet the definition of a\nstudent enrolled in a program of remedial study as defined in paragraph\nd of this subdivision, and are enrolled in a two-year undergraduate\nprogram whose terms are organized in semesters:\n  Before Being   1st  2nd  3rd  4th  5th  6th\n  Certified\n  for This\n  Payment\n  A Student      0    6    15   27   39   51\n  Must Have\n  Accrued at\n  Least This\n  Many Credits\n  With At Least  0    1.3  1.5  1.8  2.0  2.0\n  This Grade\n  Point Average\n  (vii) For students first receiving aid in two thousand ten--two\nthousand eleven and thereafter, who do not meet the definition of a\nstudent enrolled in a program of remedial study as defined in paragraph\nd of this subdivision, and are enrolled in a four-year or five-year\nundergraduate program whose terms are organized on a trimester basis:\n  Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th\n  Certified\n  for This\n  Payment\n  A Student      0    4    8    14   22   30   38   46\n  Must Have\n  Accrued at\n  Least This\n  Many Credits\n  With At Least  0    1.1  1.5  1.5  1.8  2.0  2.0  2.0\n  This Grade\n  Point Average\n  and,\n  Before Being   9th  10th 11th 12th 13th 14th 15th\n  Certified\n  for This\n  Payment\n  A Student       56   66   76   86   96  106  116\n  Must Have\n  Accrued at\n  Least This\n  Many Credits\n  With At Least  2.0  2.0  2.0  2.0  2.0  2.0  2.0\n  This Grade\n  Point Average\n  (viii) For students first receiving aid in two thousand ten--two\nthousand eleven and thereafter, who do not meet the definition of a\nstudent enrolled in a program of remedial study as defined in paragraph\nd of this subdivision, and are enrolled in a two-year undergraduate\nprogram whose terms are organized on a trimester basis:\n  Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th  9th\n  Certified\n  for This\n  Payment\n  A Student       0    2    6   14   22   30   38   46   54\n  Must Have\n  Accrued at\n  Least This\n  Many Credits\n  With At Least  0    1.0  1.3  1.5  1.5  1.8  2.0  2.0  2.0\n  This Grade\n  Point Average\n  d. For purposes of paragraph c of this subdivision, a student enrolled\nin a program of remedial study shall mean a student: (a) whose scores on\na recognized college placement exam or nationally recognized\nstandardized exam indicated the need for remediation for at least two\nsemesters, as certified by the appropriate college official and approved\nby the commissioner; or (b) who was enrolled in at least six semester\nhours of non-credit remedial courses, as approved by the commissioner,\nin the first term they received a tuition assistance program award in an\napproved program; or (c) who is or was enrolled in the higher education\nopportunity program (HEOP), the educational opportunity program (EOP),\nthe search for education, elevation and knowledge (SEEK) program, or the\ncollege discovery (CD) program.\n  e. Notwithstanding the provisions of paragraph c of this subdivision,\nfor students who are disabled as defined by the Americans with\nDisabilities Act of 1990, 42 USC 12101, and who receive their first\nstate award during the two thousand ten--two thousand eleven academic\nyear and thereafter shall make satisfactory progress toward completion\nof the program's academic requirements as provided in this paragraph.\nFor purposes of this subdivision, "reasonable progress toward the\ncompletion of the program" shall mean a student must complete, at a\nminimum, the following requirements at the time of certification;\nprovided that nothing shall prevent a college from developing stricter\nstandards to measure reasonable progress:\n  (i) For students who are disabled as defined by the Americans with\nDisabilities Act of 1990, 42 USC 12101, first receiving aid in two\nthousand ten--two thousand eleven and thereafter, and enrolled in\nfour-year or five-year undergraduate programs whose terms are organized\nin semesters:\n  Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th  9th  10th\n  Certified\n  for This\n  Payment\n  A Student Must 0    3    9    21   33   45   60   75   90   105\n  Have Accrued\n  at Least This\n  Many Credits\n  With At Least  0    1.5  1.8  1.8  2.0  2.0  2.0  2.0  2.0  2.0\n  This Grade\n  Point Average\n  (ii) For students who are disabled as defined by the Americans with\nDisabilities Act of 1990, 42 USC 12101, first receiving aid in two\nthousand ten--two thousand eleven and thereafter, and enrolled in\ntwo-year undergraduate programs whose terms are organized in semesters:\n  Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th\n  Certified\n  for This\n  Payment\n  A Student      0    3    9    18   30   42   51   60\n  Must Have\n  Accrued at\n  Least This\n  Many Credits\n  With At Least  0    1.3  1.5  1.8  2.0  2.0  2.0  2.0\n  This Grade\n  Point Average\n  (iii) For students who are disabled as defined by the Americans with\nDisabilities Act of 1990, 42 USC 12101, first receiving aid in two\nthousand ten--two thousand eleven and thereafter, and enrolled in\nfour-year or five-year undergraduate programs whose terms are organized\non a trimester basis:\n  Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th\n  Certified\n  for This\n  Payment\n  A Student      0    2    4    9    17   25   33   40\n  Must Have\n  Accrued at\n  Least This\n  Many Credits\n  With At Least  0    1.1  1.5  1.5  1.8  2.0  2.0  2.0\n  This Grade\n  Point Average\nand,\n  Before Being   9th  10th 11th 12th 13th 14th 15th\n  Certified\n  for This\n  Payment\n  A Student      50   60   70   80   90   100  110\n  Must Have\n  Accrued at\n  Least This\n  Many Credits\n  With At Least  2.0  2.0  2.0  2.0  2.0  2.0  2.0\n  This Grade\n  Point Average\n  (iv) For students who are disabled as defined by the Americans with\nDisabilities Act of 1990, 42 USC 12101, first receiving aid in two\nthousand ten--two thousand eleven and thereafter, and enrolled in\ntwo-year undergraduate programs whose terms are organized on a trimester\nbasis:\n  Before Being   1st  2nd  3rd  4th  5th  6th  7th  8th\n  Certified\n  for This\n  Payment\n  A Student      0    2    4    9    15   21   30   37\n  Must Have\n  Accrued at\n  Least This\n  Many Credits\n  With At Least  0    1.0  1.3  1.5  1.5  1.8  2.0  2.0\n  This Grade\n  Point Average\nand,\n  Before Being   9th  10th 11th 12th\n  Certified\n  for This\n  Payment\n  A Student      45   50   55   60\n  Must Have\n  Accrued at\n  Least This\n  Many Credits\n  With At Least  2.0  2.0  2.0  2.0\n  This Grade\n  Point Average\n  (v) Notwithstanding any other provision of law or regulation to the\ncontrary, upon each certification, payment eligibility shall be\ndetermined and measured proportionally in equivalence with full time\nstudy for students who are disabled as defined by the Americans with\nDisabilities Act of 1990, 42 USC 12101.\n  7. Availability of academic performance awards. Except as provided\nherein, payment of academic awards may be made for a period of seven\nyears beginning with the academic year in which payment is first\navailable. In the event that a person entitled to such an award is\nengaged in active service in the armed forces of the United States or\nactive service in the national welfare in a program such as the peace\ncorps, an extension of the seven year period equivalent to the period of\nsuch active service but not in excess of three years may be granted upon\napplication to the corporation. A recipient who is ineligible for\npayment of an award in the first academic year of eligibility due to\nattendance in an ineligible out of state school shall not be thereafter\neligible for any other payments of such award. Recipients of an award\nwhich may be reawarded who are temporarily unable to avail themselves of\nthe benefits of the award due to illness or other cause established by\nthe board of regents prior to receipt and utilization of the first\npayment of such award, may apply for a temporary leave of absence\npursuant to the regulations of the corporation. The provisions of this\nsubdivision shall not be considered to increase or in any way alter the\nnumber, amount or methods of payments made under an academic performance\naward.\n
N.Y. EDN Law § 355-B — New York Code / Act EDN / Title 1 / Article 8 / Section 355-B
Investments in designated obligations; indemnifications
Status: in_force

§ 355-b. Investments in designated obligations; indemnifications.  1.\nIt is hereby found and declared that obligations of the state of New\nYork, the New York state housing finance agency and the dormitory\nauthority of the state of New York are reasonable, prudent, proper and\nlegal investments in which all gifts, grants, bequests and devises\nadministered as endowments by the state university trustees may be\ninvested by such trustees or any officer, employee or fiduciary thereof.\nFor the purposes of this section such gifts, grants, bequests and\ndevises shall be referred to as endowment funds.\n  2. Notwithstanding any inconsistent provisions of law, the state\nuniversity trustees may, in their discretion, purchase obligations\ndesignated and found to be reasonable, prudent, proper and legal\ninvestments in subdivision one of this section for such endowment funds\nwithout regard to the percentage of the assets of such endowment funds\ninvested in such obligations and without regard to the percentage of\noutstanding obligations of each issuer held or to be held by such funds.\nThe state university trustees in determining investments for such\nendowment funds in such obligations may consider, in addition to the\nappropriate factors recognized by law, the extent to which such\ninvestments will maintain the credit worthiness of the state of New York\nand the public benefit corporations identified in subdivision one of\nthis section so as to enable the state and such corporations to finance\nthe construction of capital facilities heretofore and hereafter duly\nauthorized for the state university.\n  3. Notwithstanding any other provisions of law, including the\nprovisions of section seventeen of the public officers law, the state\nshall save harmless and indemnify each and every trustee, officer,\nemployee or fiduciary with responsibility for the custody of endowment\nfunds or the assets thereof or for the approval of the sale or\ninvestment of the assets of such endowment funds, and any investment\nadviser, attorney or accountant who shall have been employed by or who\nhave advised such trustee, officer, employee or fiduciary, from any or\nall financial loss arising out of or in connection with any claim,\ndemand, suit, action, proceeding or judgment for alleged negligence,\nwaste or breach of fiduciary duty by reason of any investment by any\nendowment funds in any obligations designated in subdivision one of this\nsection, or resulting from the sale of any assets of any endowment fund\nto obtain sufficient revenues to make such investments, provided that\nsuch trustee, officer, employee, fiduciary, investment adviser, attorney\nor accountant shall, within five days after the date on which he is\npersonally served with, or receives actual notice of, any summons,\ncomplaint, process, notice, demand, claim or pleading, shall give notice\nthereof to the attorney general.  Upon such notice, the attorney general\nshall assume control of the representation of such trustee, officer,\nemployee, fiduciary, investment adviser, attorney or accountant in\nconnection with such claim, demand, suit, action or proceeding.  Each\nperson so represented shall cooperate fully with the attorney general or\nany other person designated to assume such defense in respect of such\nrepresentation or defense.\n
N.Y. EDN Law § 751 — New York Code / Act EDN / Title 1 / Article 16 / Section 751
Aid for computer software purchases
Status: in_force

§ 751. Aid for computer software purchases. 1. In the several cities\nand school districts of the state, boards of education, trustees or such\nbody or officers as perform the functions of such boards, shall\ndesignate software programs to be used in conjunction with computers of\nthe school district.\n  2. A software program, for the purposes of this article shall mean (a)\na computer program which a pupil is required to use as a learning aid in\na particular class in the school the pupil legally attends, or (b) for\nexpenses incurred after July first, two thousand nine, any content-based\ninstructional materials in an electronic format that are aligned with\nstate standards which are accessed or delivered through the internet\nbased on a subscription model. Such electronic format materials may\ninclude a variety of media assets and learning tools, including video,\naudio, images, teacher guides, and student access capabilities as such\nterms are defined in the regulations of the commissioner. For expenses\nincurred on or after July first, two thousand eleven, a software program\nshall also mean items of expenditure that are eligible for an\napportionment pursuant to sections seven hundred one, seven hundred\neleven and/or seven hundred fifty-three of this title, where such items\nare designated by the school district as eligible for aid pursuant to\nthis section, provided, however, that if aided pursuant to this section,\nsuch expenses shall not be aidable pursuant to any other section of law.\n  3. No school district shall be required to purchase or otherwise\nacquire software programs, the cost of which shall exceed an amount\nequal to the software factor multiplied by the sum of the public school\ndistrict enrollment and the nonpublic school enrollment in the base year\nas defined in subparagraphs two and three of paragraph n of subdivision\none of section thirty-six hundred two of this chapter.\n  4. The commissioner, in addition to the annual apportionment of public\nmonies pursuant to other articles of this chapter, shall apportion to\neach school district an amount equal to the cost of the software\nprograms purchased by the district pursuant to this section in the base\nyear, but in no case shall the aid apportioned to the district exceed\nthe product of the software factor and the sum of public school district\nenrollment, nonpublic school enrollment, and additional public\nenrollment as defined in subparagraphs two, three, and six of paragraph\nn of subdivision one of section thirty-six hundred two of this chapter.\n  For aid payable in the nineteen hundred ninety-seven--ninety-eight and\nnineteen hundred ninety-eight--ninety-nine school years, the software\nfactor shall equal four dollars and fifty-eight cents. For aid payable\nin the nineteen hundred ninety-nine--two thousand school year, the\nsoftware factor shall equal seven dollars and fifty-five cents. For aid\npayable in the two thousand--two thousand one school year, the software\nfactor shall equal fourteen dollars and ninety-eight cents. For aid\npayable in the two thousand one--two thousand two school year, the\nsoftware factor shall equal twenty-three dollars and ninety cents. For\naid payable in the two thousand two--two thousand three school year and\nthereafter, the software factor shall equal fourteen dollars and\nninety-eight cents. The apportionment provided for in this section shall\nbe paid at such times as may be determined by the commissioner and\napproved by the director of the budget. Aid payable pursuant to this\nsection shall be deemed final and not subject to change after April\nthirtieth of the school year for which payment was due.\n
N.Y. SOS Law § 460-D — New York Code / Act SOS / Article 7 / Title 1 / Section 460-D
Enforcement powers
Status: in_force

§ 460-d. Enforcement powers. 1. The commissioner or any person\ndesignated by the commissioner may undertake an investigation of the\naffairs and management of any facility subject to the inspection and\nsupervision provision of this article, or of any person, corporation,\nsociety, association or organization which operates or holds itself out\nas being authorized to operate any such facility, or of the conduct of\nany officers or employers of any such facility. Persons empowered by the\ncommissioner to conduct any such investigation are hereby empowered to\nissue compulsory process for the attendance of witnesses and the\nproduction of papers, to administer oaths and to examine persons under\noath, and to exercise the same powers in respect to the conduct of such\nan investigation as belong to referees appointed by the supreme court.\n  2. If it shall appear after such investigation that the residents of\nthe facility are cruelly, negligently or improperly treated, or that\ninadequate provision is made for their sustenance, clothing, care,\nsupervision or other condition necessary for their comfort and\nwell-being, the department may issue an order in the name of the people,\nand under the official seal of the state, directing the appropriate\nofficers or managers of such facility to modify such treatment or\nprovide such other remedy as may be specified therein. Before any such\norder is issued, it must be approved by a justice of the supreme court,\nafter such notice as he may prescribe and after an opportunity to be\nheard, and any person to whom such an order is directed who shall\nintentionally fail or refuse to obey its terms shall be guilty of a\nmisdemeanor.\n  3. The attorney general and every district attorney shall upon request\nof the department furnish such legal assistance, counsel or advice as\nthe department may require in the discharge of its duties.\n  4. (a) The operating certificate of any facility may be revoked,\nsuspended or limited upon a determination by the department that the\nfacility has failed to comply with the requirements of state or local\nlaws or regulations applicable to the operation of such facility.\n  (b) No operating certificate shall be revoked, suspended or limited\nwithout a hearing held in accordance with procedures established by\ndepartment regulations, which procedures shall require that notice of\nthe time and place of the hearing, and notice of the charges, shall be\nserved in person or by certified mail addressed to the facility at least\nthirty days prior to the date of the hearing. A written answer to the\ncharges may be filed with the department not less than ten business days\nprior to the date of the hearing. An operating certificate may,\nnevertheless, be suspended or limited without a hearing for a period not\nin excess of sixty days, upon written notice to the facility following a\nfinding by the department that the public health, or an individual's\nhealth, safety or welfare, are in imminent danger.\n  (c) Any order or determination to suspend any operating certificate\nwill specify the conditions of the suspension. These conditions may\ninclude but need not be limited to the following:\n  (i) if required for the protection of the health, safety or welfare of\nthe residents, the immediate transfer of some or all residents to other\nappropriate facilities or to the custody of their legal guardians, if\nany;\n  (ii) the appointment of a temporary operator to operate the facility\nduring the term of the suspension;\n  (iii) the immediate transfer of all records concerning the operation\nof the facility, including resident records, facility business records\nand any other records related to the operation of the facility to the\ndepartment immediately. The department shall control the records for the\nterm of the suspension;\n  (iv) the operator or operators of the facility shall be barred from\naccess to the facility during the term of the suspension; or\n  (v) the requirement that the operator, if replaced by a temporary\noperator, provide the temporary operator with any funds received by the\noperator for the operation of the facility.\n  (d) Any order or determination to limit an operating certificate shall\nspecify the manner in which the operating certificate is to be limited.\nAn operating certificate may be found subject to one or more of the\nfollowing limitations:\n  (i) a limitation on the period of time for which such certificate\nremains effective, contingent on a determination that specified\nviolations have been corrected or specified conditions have been met;\n  (ii) a limitation on the number of persons for which such facility is\nauthorized to provide care; or\n  (iii) a prohibition against the admission of new residents after a\nspecified date.\n  (e) Any order or determination of revocation, suspension or limitation\nof the operating certificate shall be subject to judicial review in\naccordance with article seventy-eight of the civil practice law and\nrules.\n  5. In addition to or as an alternative to any power which the\ndepartment may exercise under this article, the supreme court may grant\nequitable relief against violations or threatened violations of this\narticle or of the regulations of the department by any facility subject\nto the inspection and supervision of the department. The attorney\ngeneral may seek such equitable relief, in the name of the people, upon\nthe request of the department. Service in such an action shall state the\nnature of the violation and shall be accomplished in the manner\nprescribed by the civil practice law and rules; provided, however, that\nan ex parte order for equitable relief may issue, notwithstanding the\ncivil practice law and rules, if the court finds, on motion and\naffidavit, that such violation may reasonably be expected to result in\nimminent danger to the public health or to the health, safety or welfare\nof any individual in a facility subject to the department's inspection\nand supervision. The court, after a hearing, may make an order granting\nsuch equitable relief as it may deem necessary, including, but not\nlimited to a preliminary injunction or a permanent injunction, enjoining\na facility from admitting new residents, directing the department and\nsuch facility to arrange for the transfer of residents to other\nfacilities, appointment of a temporary or permanent receiver for the\nprotection of the public health or the health, safety and welfare of any\nindividual in such facility, or directing a facility operator to\ntransfer all records concerning the operation of the facility, including\nresident records, facility business records and any other records\nrelated to the operation of the facility to the department immediately.\nThe people shall not be required to post security or bond.\n  6. Orders prohibiting placing-out or boarding-out of children or\norders of removal of any child may be issued and enforced in accordance\nwith section three hundred eighty-five of this chapter.\n  7. (a) The department shall adopt regulations establishing civil\npenalties of up to one thousand dollars per day to be assessed against\nall adult care facilities except facilities operated by a social\nservices district for violations of (i) regulations of the department\npertaining to the care of residents in such facilities, (ii) paragraph\n(a) of subdivision three of section four hundred sixty-one-a of this\nchapter, or (iii) an order issued pursuant to subdivision eight of this\nsection. The regulations shall specify the violations subject to penalty\nand the amount of the penalty to be assessed in connection with each\nsuch violation and shall specify that only civil penalties of up to one\nthousand dollars per day per violation shall be assessed pursuant to\nthis paragraph against an adult care facility found responsible for an\nact of retaliation or reprisal against any resident, employee, or other\nperson for having filed a complaint with or having provided information\nto any long term care patient ombudsman functioning in accordance with\nsection five hundred forty-four or five hundred forty-five of the\nexecutive law.\n  (b) (1) In addition to any other civil or criminal penalty provided by\nlaw, the department shall have the power to assess civil penalties in\naccordance with its regulations adopted pursuant to paragraph (a) of\nthis subdivision, after a hearing conducted in accordance with the\nprocedures established by regulations of the department. Such procedures\nshall require that notice of the time and place of the hearing, together\nwith a statement of charges of violations, shall be served in person or\nby certified mail addressed to the facility at least thirty days prior\nto the date of the hearing. The statement of charges of violations shall\nset forth the existence of the violations, the amount of penalty for\nwhich it may become liable and the steps which must be taken to rectify\nthe violation and, where applicable, a statement that the department\ncontends that a penalty may be imposed under this paragraph regardless\nof rectification. An answer to the charges of violations, in writing,\nshall be filed with the department, not less than ten days prior to the\ndate of hearing. The answer shall notify the department of the\nfacility's position with respect to each of the charges and shall\ninclude all matters which if not disclosed in the answer would be likely\nto take the department by surprise. The commissioner, or a member of his\nstaff who is designated and authorized by him to hold such hearing, may\nin his discretion allow the facility to prove any matter not included in\nthe answer. Where the facility satisfactorily demonstrates that it\neither had rectified the violations within thirty days of receiving\nwritten notification of the results of the inspection pursuant to\nsection four hundred sixty-one-a of this chapter, or had submitted\nwithin thirty days an acceptable plan for rectification and was\nrectifying the violations in accordance with the steps and within the\nadditional periods of time as accepted by the department in such plan,\nno penalty shall be imposed, except as provided in subparagraph two of\nthis paragraph.\n  (2) Rectification shall not preclude the assessment of a penalty if\nthe department establishes at a hearing that a particular violation,\nalthough corrected, endangered or resulted in harm to any resident as\nthe result of:\n  (i) the total or substantial failure of the facility's fire detection\nor prevention systems, or emergency evacuation procedures prescribed by\ndepartment safety standard regulations;\n  (ii) the retention of any resident who has been evaluated by the\nresident's physician as being medically or mentally unsuited for care in\nthe facility or as requiring placement in a hospital or residential\nhealth care facility and for whom the operator is not making persistent\nefforts to secure appropriate placement;\n  (iii) the failure in systemic practices and procedures;\n  (iv) the failure of the operator to take actions as required by\ndepartment regulations in the event of a resident's illness or accident;\n  (v) the failure of the operator to provide at all times supervision of\nresidents by numbers of staff at least equivalent to the night staffing\nrequirement set forth in department regulations; or\n  (vi) unreasonable threats of retaliation or taking reprisals,\nincluding but not limited to unreasonable threats of eviction or\nhospitalization against any resident, employee or other person who makes\na complaint concerning the operation of an adult care facility,\nparticipates in the investigation of a complaint or is the subject of an\naction identified in a complaint.\n  The department shall specify in its regulations those regulations to\nwhich this subparagraph two shall apply.\n  (3) In assessing penalties pursuant to this paragraph, the department\nshall consider promptness of rectification, delay occasioned by the\ndepartment, and the specific circumstances of the violations as\nmitigating factors.\n  (c) Upon the request of the department, the attorney general may\ncommence an action in any court of competent jurisdiction against any\nfacility subject to the provisions of this section, and against any\nperson or corporation operating such facility, for the recovery of any\npenalty assessed by the department in accordance with the provisions of\nthis subdivision.\n  (d) Any such penalty assessed by the department may be released or\ncompromised by the department before the matter has been referred to the\nattorney general, and where such matter has been referred to the\nattorney general, any such penalty may be released or compromised and\nany action commenced to recover the same may be settled and discontinued\nby the attorney general with the consent of the department.\n  8. Whenever the commissioner, after investigation, finds that any\nperson, agency or facility subject to this article is causing, engaging\nin or maintaining a condition or activity which constitutes a danger to\nthe physical or mental health of the residents of a facility subject to\nthe inspection and supervision of the department, and that it therefore\nappears to be prejudicial to the interests of such residents to delay\naction for thirty days until an opportunity for a hearing can be\nprovided in accordance with the provisions of this section, the\ncommissioner shall order the person, agency or facility by written\nnotice, setting forth the basis for such finding, to discontinue such\ndangerous condition or activity or take certain action immediately or\nwithin a specified period of less than thirty days. The commissioner\nshall within thirty days of issuance of the order provide the person,\nagency or facility an opportunity to be heard and to present any proof\nthat such condition or activity does not constitute a danger to the\nhealth of such residents.\n  9. (a) The department shall have authority to impose a civil penalty\nnot exceeding one thousand dollars per day against, and to issue an\norder requiring the closing of, after notice and opportunity to be\nheard, any facility which does not possess a valid operating certificate\nissued by the department and is an adult care facility subject to the\nprovisions of this article and the regulations of the department. A\nhearing shall be conducted in accordance with procedures established by\ndepartment regulations which procedures shall require that notice of the\ndetermination that the facility is an adult care facility and the\nreasons for such determination and notice of the time and place of the\nhearing be served in person on the operator, owner or prime lessor, if\nany, or by certified mail, return receipt requested, addressed to such\nperson and received at least twenty days prior to the date of the\nhearing. If such operator, owner or prime lessor, if any, is not known\nto the department, then service may be made by posting a copy thereof in\na conspicuous place within the facility or by sending a copy thereof by\ncertified mail, return receipt requested, addressed to the facility. A\nwritten answer to the notice of violation may be filed with the\ndepartment not less than five days prior to the date of the hearing.\nDemonstration by the facility that it possessed an operating certificate\nissued pursuant to this article, article twenty-eight of the public\nhealth law or article sixteen, twenty-three, thirty-one or thirty-two of\nthe mental hygiene law at the time the hearing was commenced shall\nconstitute a complete defense to any charges made pursuant to this\nsubdivision.\n  (b) The penalty authorized by this section shall begin to run thirty\ndays after the department provides the operator, in writing, with a\nsummary of the inspection of the facility by which the department\ndetermined that he or she is operating an uncertified adult care\nfacility. The submission of an application by the operator for an\noperating certificate for the facility shall not act as a bar to the\nimposition of a penalty against the operator.\n  (c) (i) For the purposes of assessing the applicability of this\narticle and the regulations of the department, the department shall be\nauthorized to inspect any facility which reasonably appears to the\ndepartment to be subject to the provisions of this article and to assess\nthe needs of the residents of such facility pursuant to the provisions\nof section four hundred sixty-c of this title.\n  (ii) At the time that a representative of the department appears at\nthe facility for purposes of conducting such inspection, the\nrepresentative shall inform the operator, administrator or other person\nin charge that the inspection will be conducted unless such person\nobjects to the inspection and that if such person does object the\ndepartment, pursuant to the provisions of subparagraph (iii) of this\nparagraph, shall be authorized to request the attorney general to apply\nto the court for an order granting the department access to the\nfacility.\n  (iii) If the department is not permitted access to such facility by\nthe operator, administrator or other person in charge thereof, the\nattorney general, upon the request of the department, shall be\nauthorized to apply, without notice to the operator, administrator or\nchairman of the board of directors of a not-for-profit facility, to the\nsupreme court in the county in which the facility is located for an\norder granting the department access to such facility. The court may\ngrant such an order if it determines, based on evidence presented by the\nattorney general, that there is reasonable cause to believe that such\nfacility is an adult care facility which does not possess a valid\noperating certificate issued by the department.\n  (d) Upon the request of the department, the attorney general may\ncommence an action in any court of competent jurisdiction against any\nfacility subject to the provisions of this subdivision, and against any\nperson or corporation operating such facility, for the recovery of any\npenalty assessed by the department in accordance with the provisions of\nthis subdivision.\n  (e) Any penalty assessed by the department pursuant to this\nsubdivision may be released or compromised by the department before the\nmatter has been referred to the attorney general and where such matter\nhas been referred to the attorney general, any such penalty may be\nreleased or compromised and any action commenced to recover the same may\nbe settled and discontinued by the attorney general with the consent of\nthe department.\n  10. By March first, nineteen hundred ninety-five and annually\nthereafter, the department shall submit a report to the governor and the\nlegislature on the regulation of adult homes and residences for adults.\nSuch report shall include both a narrative and statistical summary\ndetailing the results of inspections and enforcement actions of adult\nhomes and residences for adults. The report shall also include results\nof audits of financial conditions and practices of a selected sample of\nadult homes and residences of adults and recommendations for legislative\naction relating to the need for changes in statute.\n  11. On or before issuance by the department to an adult care facility\noperator of official written notice of: the proposed revocation,\nsuspension or denial of the operator's operating certificate; the\nlimitation of the operating certificate with respect to new admissions;\nthe issuance of a department order or commissioner's order; the seeking\nof equitable relief pursuant to this section; the proposed assessment of\ncivil penalties for violations of the provisions of subparagraph two of\nparagraph (b) of subdivision seven of this section or placement on the\n"do not refer list" pursuant to subdivision fifteen of this section,\nwritten notice also shall be given to the appropriate office of the\ndepartment of mental hygiene, department of corrections and community\nsupervision and local social services districts, and provided further\nthat the department of health shall notify hospitals in the locality in\nwhich such facility is located that such notice has been issued. Upon\nresolution of such enforcement action the department shall notify the\nappropriate office of the department of mental hygiene, department of\ncorrections and community supervision, local social services districts\nand hospitals.\n  12. Social services districts and other local government entities\nestablished pursuant to this chapter shall be prohibited from making\nreferrals for admissions to adult care facilities that have received\nofficial written notice regarding: the proposed revocation, suspension\nor denial of the operator's operating certificate; the limitation of the\noperating certificate with respect to new admissions; the issuance of\ndepartment order or commissioner's orders; the seeking of equitable\nrelief pursuant to this section; the proposed assessment of civil\npenalties for violations of the provisions of subparagraph two of\nparagraph (b) of subdivision seven of this section; or the facility's\nplacement on the "do not refer list" pursuant to subdivision fifteen of\nthis section.\n  * 13. The department shall notify the department of health of any\nenforcement action pursuant to this section taken against an operator of\nan adult home or enriched housing program which has been licensed by the\ndepartment of health as a limited home care services agency pursuant to\nsection thirty-six hundred five of the public health law.\n  * NB Expires June 30, 2027\n  * 14. If the department receives notice from the department of health\nthat an action has been taken against an operator of a limited home care\nservices agency, pursuant to section thirty-six hundred five-a of the\npublic health law, the department shall review the delivery of services\nprovided by the certified operator of an adult home or enriched housing\nprogram to determine whether such operator is meeting all applicable\nregulations and standards.\n  * NB Expires June 30, 2027\n  15. The department of health shall maintain, on its website, a list of\nall adult homes, enriched housing programs, residences for adults and\nassisted living programs that have received written notice of:\nenforcement action based on a violation of an applicable law or\nregulation that creates an endangerment of resident health or safety\npursuant to subparagraph two of paragraph (b) of subdivision seven of\nthis section or a pending enforcement action against a facility's\noperating certificate or a determination that the facility is required\nto be certified as an adult home, enriched housing program or residence\nfor adults. Provided however, if a facility contends, in writing, that\nthe violation resulting in the facility being included on the "do not\nrefer list" has been corrected, the department shall, within thirty\ndays, reinspect the facility, and if the department determines that the\nviolation has been corrected, the facility shall be immediately removed\nfrom the list. This list shall be known as the "do not refer" list and\nshall be promptly updated to reflect any of the above violations and the\nreopening of admissions in any adult care facility in which the\nenforcement action for which they were added to the list has been\nresolved.\n  16. Any operator or controlling person of an adult care facility, as\ndefined in clause two of subparagraph (x) of paragraph (a) of\nsubdivision four of section four hundred sixty-one-e of this article\nshall be prohibited from applying to the department of health or to any\nother agency of this state for an operating certificate or approval to\noperate an alternate type of facility during the period in which such\ncertificate has been revoked, suspended or limited.\n  17. The department of health shall direct the temporary operator to,\nand the temporary operator shall, provide written notification to\nresidents of all adult homes, enriched housing programs, residences for\nadults and assisted living programs where a temporary operator has been\nappointed pursuant to subdivision four of this section.\n
N.Y. EDN Law § 678 — New York Code / Act EDN / Title 1 / Article 14 / Part 2 / Subpart 3 / Section 678
Regents health care professional opportunity scholarships
Status: in_force

* § 678. Regents health care professional opportunity scholarships. 1.\nNumber and certification. One hundred regents health career professional\nopportunity scholarships shall be awarded each year. Such scholarships\nshall be allocated as provided in article thirteen of this chapter to\neligible students as certified to the president by the commissioner.\n  2. Duration. Such scholarship shall entitle the recipient to an award\nfor not more than four academic years while matriculated in an approved\nprogram, as defined by the commissioner pursuant to article thirteen of\nthis chapter.\n  3. Amount. The president shall make academic year awards in amounts\nprovided in this subdivision. The academic year award shall be ten\nthousand dollars per year, provided, however, that in no event shall the\naward exceed the actual costs of attendance. Costs of attendance shall\ninclude tuition, required fees, laboratory and other instruction related\nexpenses, books, transportation, room and board.\n  * NB Scholarship terminated per ch 31/85 § 17, as amended\n
N.Y. EDN Law § 409-D — New York Code / Act EDN / Title 1 / Article 9 / Section 409-D
Comprehensive public school building safety program
Status: in_force

§ 409-d. Comprehensive public school building safety program. 1.\nProgram establishment. The commissioner is authorized and directed to\nestablish, develop and monitor a comprehensive public school building\nsafety program which shall include a uniform inspection, safety rating\nand monitoring system. Such program shall require the inspections of all\npublic school buildings throughout the state (i) at least once between\nthe period commencing with the first day of January, two thousand twenty\nand ending with the thirty-first day of December, two thousand twenty\nand (ii) at least once between the period commencing with the first day\nof January, two thousand twenty-two and ending with the thirty-first day\nof December, two thousand twenty-two, provided that such inspections\nshall exclude public school buildings in a school district required to\nconduct building condition surveys between January first, two thousand\ntwenty and the end of such period in accordance with regulations of the\ncommissioner adopted pursuant to subparagraph one-a of paragraph c of\nsubdivision four of section thirty-six hundred forty-one of this\nchapter, and provided further that such exclusion shall not apply in the\ncase of a school district which has not completed the building condition\nsurveys so required and submitted the same to the department. Under such\nprogram, the commissioner may require inspections of public school\nbuildings as deemed necessary to maintain the safety of school buildings\nand the welfare of the occupants, and such program shall establish a\nsafety rating system for such school buildings to assess the need for\nmaintenance, repairs, rehabilitation, reconstruction, construction and\nother improvements related to the structural integrity and overall\nsafety of public school buildings including but not limited to building\nsystems related to electrical, plumbing, heating, ventilation, and air\nconditioning, sanitation and health, fire and accident protection; and\nrequire that such ratings be used for the purpose of developing a\nbuildings condition survey as required pursuant to subdivision four of\nsection thirty-six hundred forty-one of this chapter and a five year\nfacilities plan as required pursuant to clause (i) of subparagraph two\nof paragraph b of subdivision six of section thirty-six hundred two of\nthis chapter.\n  2. Commissioner's authorization. In implementing the program, the\ncommissioner is authorized to:\n  (a) require the inspection of every public school building and\nprescribe qualifications of persons who may perform or supervise such\ninspections in accordance with the provisions of this section.\n  (b) establish a safety rating system keyed to the structural integrity\nand overall safety of the building. Such system shall rate every major\nbuilding system contained within a building and where practicable\nidentify critical maintenance and include such information in the plan\nrequired in subdivision ten of section thirty-six hundred forty-one of\nthis chapter;\n  (c) require each school district to develop a buildings condition\nsurvey;\n  (d) require each school district to develop a five year capital\nfacilities plan;\n  (e) establish a process for monitoring all school buildings; and\n  (f) provide for waivers of the requirements of this section and/or\nsection four hundred nine-e of this article for districts whose school\nbuilding safety inspection procedures in existence on the effective date\nof this section are in substantial compliance with such requirements.\n  3. Notification. Notwithstanding any other provision of law to the\ncontrary, the commissioner shall be authorized to notify in writing any\nschool district or board of cooperative educational services the\nexistence of a hazardous condition found in any school building within\nthe school district that is in violation of applicable building, health,\nor safety codes or regulations that may threaten the health and/or\nsafety of students or staffs. Such notice must be acknowledged and\nresponded to within five business days or less. Such notice shall be\ndelivered to the superintendent of the school district or the district\nsuperintendent of the board of cooperative educational services. In the\ncase of a city school district in a city having a population of one\nmillion or more inhabitants such notice shall be delivered to the\nchancellor of the city district.\n
N.Y. ELN Law § 17-132 — New York Code / Act ELN / Article 17 / Title 1 / Section 17-132
Illegal voting
Status: in_force

§ 17-132. Illegal voting. Any person who:\n  1. Knowingly votes or offers or attempts to vote at any election, when\nnot qualified; or,\n  2. Procures, aids, assists, counsels or advises any person to go or\ncome into any election district, for the purpose of voting at any\nelection, knowing that such person is not qualified; or,\n  3. Votes or offers or attempts to vote at an election, more than once;\nor votes or offers or attempts to vote at an election under any other\nname than his own; or votes or offers or attempts to vote at an\nelection, in an election district or from a place where he does not\nreside; or,\n  4. Procures, aids, assists, commands or advises another to vote or\noffer or attempt to vote at an election, knowing that such person is not\nqualified to vote thereat; or,\n  5. Prompts a person, applying to vote, to falsely answer questions put\nto him by the inspectors concerning his identity or qualifications for\nvoting; or,\n  6. Being an applicant for an absentee voter's ballot, makes a material\nfalse statement in his application, or a person who makes a material\nfalse statement in a medical certificate or an affidavit filed in\nconnection with an application for an absentee voter's ballot; or,\n  7. Not being a qualified absentee voter, and having knowledge or being\nchargeable with knowledge of that fact, votes or attempts to vote as an\nabsentee voter; or,\n  8. Fraudulently signs the name of another upon an early mail or\nabsentee voter's envelope or aids in doing or attempting to do a\nfraudulent act in connection with an early mail or absentee vote cast or\nattempted to be cast; or,\n  9. Falsely pretends or represents to the inspectors of election or any\nof them that he is incapacitated to mark his ballot, for the purpose of\nobtaining assistance in voting under the provisions of this chapter, is\nguilty of a felony.\n  Any offer or attempt under this section shall be deemed to be the\ndoing of any act made necessary by this chapter preliminary to the\ndelivery of a ballot to an elector or the deposit of the ballot in the\nballot box or his admission to the booth or voting machine enclosure.\n
N.Y. PBA Law § 1009-A — New York Code / Act PBA / Article 5 / Title 1 / Section 1009-A
Notes of the authority
Status: in_force

§ 1009-a. Notes of the authority. The authority shall have the power\nand is hereby authorized from time to time to issue its negotiable notes\nin conformity with applicable provisions of the uniform commercial code\nfor any corporate purpose and renew from time to time any notes by the\nissuance of new notes, whether the notes to be renewed have or have not\nmatured. The authority may issue notes partly to renew notes or to\ndischarge other obligations then outstanding and partly for any other\npurpose. The notes may be authorized, sold, executed and delivered in\nthe same manner as bonds. Any resolution or resolutions authorizing\nnotes of the authority or any issue thereof may contain any provisions\nwhich the authority is authorized to include in any resolution or\nresolutions authorizing bonds of the authority or any issue thereof, and\nthe authority may include in any notes any terms, covenants or\nconditions which it is authorized to include in any bonds.  All notes\nshall be general obligations of the authority payable out of any of its\nmoneys or revenues, subject only to any contractual rights of the\nholders of any of its notes or other obligations then outstanding.\n
N.Y. PBH Law § 2406-A — New York Code / Act PBH / Article 24 / Title 1-A / Section 2406-A
Grants to community-based organizations
Status: in_force

§ 2406-a. Grants to community-based organizations. 1. The commissioner\nshall make grants within any such amount as may be appropriated\nspecifically for community-based organizations for the provision of\ncounseling, education and outreach programs for persons diagnosed with\nbreast cancer.\n  2. For the purposes of this section, "community-based organizations"\nshall mean grass roots, free-standing organizations in which breast\ncancer survivors hold significant decision-making responsibility, and\nwhich offer a broad range of breast cancer education and support\nservices free of charge.\n  3. The commissioner shall provide notice and opportunity for\ncommunity-based organizations to submit applications to provide\npost-diagnosis breast cancer counseling, education and outreach\nprograms. Such applications shall be on forms established by the\ncommissioner.\n
N.Y. EDN Law § 259 — New York Code / Act EDN / Title 1 / Article 5 / Part 2 / Section 259
Library taxes
Status: in_force

§ 259. Library taxes. 1. a. Taxes, in addition to those otherwise\nauthorized, may be voted for library purposes by any authority named in\nsection two hundred fifty-five of this part and shall, unless otherwise\ndirected by such vote, be considered as annual appropriations therefor\nuntil changed by further vote and shall be levied and collected yearly,\nor as directed, as are other general taxes. In the case of a school\ndistrict the appropriation for library purposes shall be submitted to\nthe voters of the district as proposed by the library board of trustees\nin a separate resolution and shall not be submitted as a part of the\nappropriation of the necessary funds to meet the estimated expenditures\nof the school district. All moneys received from taxes or other public\nsources for library purposes shall be kept as a separate library fund by\nthe treasurer of the municipality or district making the appropriation\nand shall be expended only under direction of the library trustees on\nproperly authenticated vouchers, except that money received from taxes\nand other public sources for the support of a public library or a free\nassociation library or a cooperative library system shall be paid over\nto the treasurer of such library or cooperative library system upon the\nwritten demand of its trustees. All such moneys paid over to a public\nlibrary treasurer shall be deposited and secured in the manner provided\nby section ten of the general municipal law and the library trustees or\nthe library treasurer, if the trustees shall delegate such duty to him,\nmay invest such moneys in the manner provided by section eleven of such\nlaw.\n  b. (1) Except as provided in subparagraph two of this paragraph,\nwhenever twenty-five qualified voters of a municipality shall so\npetition and the library board of trustees shall endorse, the question\nof establishing or increasing the amount of funding of the annual\ncontribution for the operating budget of a registered public or free\nassociation library by such municipality to a sum specified in said\npetition, shall be voted on at the next general election of such\nmunicipality, provided that due public notice of the proposed action\nshall have been given. An increase in library funding provided pursuant\nto this paragraph shall not apply to a municipal budget adopted prior to\nthe date of such election.\n  (2) Solely for the purposes of this paragraph, the term "municipality"\nshall:\n  (i) not include a city with a population of one million or more,\n  (ii) mean only a county when the public libraries located in such\ncounty are members of a federated public library system whose central\nlibrary is located in a city of more than three hundred thousand\ninhabitants.\n  2. In the case of a joint public library authorized to be established\nby two or more municipalities or districts pursuant to section two\nhundred fifty-five of this chapter, the governing bodies of the\nparticipating municipalities and districts shall enter into an agreement\ndesignating the treasurer of one of the participating municipalities or\ndistricts to be the treasurer of the joint public library. The agreement\nshall be for a period of not less than one year nor more than five years\nand the state comptroller and the commissioner of education shall be\nnotified in writing by the board of library trustees of such agreement\nand designation.\n  The municipality or district whose treasurer is designated to serve as\ntreasurer of a joint public library may be compensated for the services\nrendered by such official to the library. The amount to be paid for such\nservices shall be determined by agreement between the governing body of\nthe municipality or district and the board of library trustees, and\nshall be paid at least annually from the public library fund.\n  3. The treasurer of a joint public library shall maintain the separate\nlibrary fund required by subdivision one of this section and shall\ncredit to such fund all moneys received. The state aid apportioned to a\njoint public library, amounts appropriated by participants toward its\nsupport and all amounts received from other sources shall be paid to the\nlibrary treasurer. Appropriations for the library made by the\nparticipating municipalities or districts shall be paid in full to the\nlibrary treasurer within sixty days after the beginning of the library\nfiscal year.\n  Disbursements for purposes of a joint public library shall be made by\nthe treasurer in the manner prescribed in subdivision one of this\nsection.\n  Within thirty days after the close of the fiscal year the treasurer\nshall make an annual report of the receipt and disbursement of library\nmoneys to the board of library trustees and to the governing body of\neach of the participating municipalities or districts.\n  4. Notwithstanding the provisions of subdivisions one and three of\nthis section, the library trustees may by resolution establish a petty\ncash fund, in such amount as they shall determine, for any employee who\nhas supervision of any library or branch thereof. Expenditures from such\nfund may be made by such employee in advance of audit by the library\ntrustees, but only after the submission of properly itemized and\nauthenticated vouchers for materials, supplies or services furnished to\nthe library or branch thereof and upon terms calling for payment to the\nvendor upon the delivery of any such materials or supplies or the\nrendering of any such services. At each meeting of the library trustees\na list of all expenditures made from such fund since the last meeting of\nthe trustees, together with the vouchers supporting such expenditures,\nshall be presented by such employee to the library trustees. The\ntrustees shall direct the treasurer to reimburse such petty cash fund in\nan amount equal to the total of such bills which the trustees shall so\nallow. Any of such bills or any portion of such bills which the library\ntrustees shall refuse to allow shall be the personal liability of such\nemployee and he shall promptly reimburse such petty cash fund in the\namount of such disallowances. If such reimbursement has not been made by\nthe time of the first payment of salary to such employee after the\naction of the library trustees in disallowing an amount so expended,\nsuch amount shall be withheld from such salary payment to such employee\nand, if necessary, subsequent salary payments and paid into such petty\ncash fund until an amount so disallowed by the library trustees has been\nrepaid in full to the petty cash fund.\n
N.Y. ISC Law § 4907 — New York Code / Act ISC / Article 49 / Title 1 / Section 4907
Rights and remedies
Status: in_force

§ 4907. Rights and remedies. The rights and remedies conferred in this\narticle upon insureds and health care providers shall be cumulative and\nin addition to and not in lieu of any other rights or remedies available\nunder law.\n
N.Y. EDN Law § 462 — New York Code / Act EDN / Title 1 / Article 10 / Section 462
Reserve funds, appropriations and other funds and accounts
Status: in_force

§ 462. Reserve funds, appropriations and other funds and accounts. 1.\n(a) The fund shall create and establish a special fund (herein referred\nto as capital reserve fund), and, to secure bonds of the fund issued\nprior to the twenty-fourth day of July, nineteen hundred seventy-six,\nshall pay into such capital reserve fund (1) any monies appropriated and\nmade available by the state or the city of New York for the purposes of\nsuch fund, (2) any proceeds of sale of notes or bonds to the extent\nprovided in the resolution of the fund authorizing the issuance thereof,\nand (3) any other monies which may be made available to the fund for the\npurpose of such capital reserve fund from any other source or sources.\nAll moneys held in the capital reserve fund, established for bonds of\nthe fund secured by such capital reserve fund except as hereinafter\nprovided, shall be used solely for the payment of the principal of such\nbonds as the same mature, required payments to any sinking fund\nestablished for the amortization of such term bonds (hereinafter\nreferred to as "sinking fund payments"), the purchase or redemption of\nsuch bonds, the payment of interest on such bonds or the payment of any\nredemption premium required to be paid when such bonds are redeemed\nprior to maturity; provided, however, that moneys in such capital\nreserve fund shall not be withdrawn therefrom at any time in such amount\nas would reduce the amount of such fund to less than the maximum amount\nof principal and interest maturing and becoming due and sinking fund\npayments required to be made in any succeeding fiscal year on all bonds\nof the fund secured by the capital reserve fund then outstanding, except\nfor the purpose of paying principal, interest and sinking fund payments\nbecoming due on such bonds of the fund maturing and becoming due and for\nthe payment of which other monies of the fund are not available. For the\npurposes of this subdivision, in computing the maximum amount of\nprincipal maturing in any succeeding calendar year, the principal amount\nof any term bonds which are to be amortized by sinking fund payments\nshall not be included in the computation. Any income or interest earned\nby, or increment to, the capital reserve fund due to the investment\nthereof may be transferred to other funds or accounts to the extent it\ndoes not reduce the amount of the capital reserve fund below the maximum\namount of principal and interest maturing and becoming due and sinking\nfund payments required to be made in any succeeding calendar year on all\nbonds of the fund then outstanding secured by the capital reserve fund.\n  (b) The fund shall not issue bonds secured by the capital reserve fund\nat any time if the maximum amount of principal and interest maturing and\nbecoming due and sinking fund payments required to be made in a\nsucceeding fiscal year on the bonds then to be issued and on all other\nbonds of the fund then outstanding secured by the capital reserve fund\nwill exceed the amount of the capital reserve fund at the time of\nissuance unless the fund, at the time of issuance of such bonds, shall\ndeposit in the capital reserve fund from the proceeds of the bonds so to\nbe issued, or otherwise, an amount which, together with the amount then\nin such fund, will be not less than the maximum amount of principal and\ninterest maturing and becoming due and sinking fund payments required to\nbe made in any succeeding fiscal year on such bonds then to be issued\nand on all other bonds of the fund then outstanding secured by the\ncapital reserve fund.\n  (c) To assure the continued operation and solvency of the capital\nreserve fund for the carrying out of the public purposes of this\narticle, provision is made in paragraph (a) of this subdivision for the\naccumulation in the capital reserve fund of an amount equal to the\nmaximum amount of principal and interest maturing and becoming due and\nsinking fund payments required to be made in any succeeding fiscal year\non all bonds of the fund then outstanding secured by the capital reserve\nfund. In order further to assure such maintenance of the capital reserve\nfund, the board of education shall annually request from the city of New\nYork and pay over to the fund, for deposit in the capital reserve fund,\nsuch sum, if any, as shall be certified by the chairman of the fund to\nthe board, the mayor and the director of management and budget of the\ncity of New York as necessary to restore the capital reserve fund to an\namount equal to the maximum amount of principal and interest maturing\nand becoming due and sinking fund payments required to be made in the\nnext succeeding fiscal year on the bonds of the fund then outstanding\nsecured by the capital reserve fund; provided, however, that such sum\nshall have been first appropriated by the city to the board or shall\notherwise have been made lawfully available to the board for such\npurpose. The chairman of the fund shall annually, not later than the\nfifteenth day of February in each year, make and deliver to the board,\nthe mayor and the director of management and budget his certificate\nstating the amount, if any, required to restore the capital reserve fund\nto the amount aforesaid and the amount so stated, if any, shall be paid\nto the fund by the board during the then current fiscal year of the\nfund. In the event of the failure or inability of the board to pay over\nthe stated amount to the fund on or before August first of the same\nyear, the chairman of the fund shall forthwith make and deliver to the\ncomptroller of the state of New York a further certificate restating the\namount so required and, after the comptroller of the state of New York\nshall have given written notice to the commissioner of education, the\nmayor and director of management and budget, such amount shall be paid\nover to the fund by the comptroller of the state of New York out of the\nnext payment of state aid apportioned to the city of New York on behalf\nof the city school district of the city of New York for the support of\ncommon schools or such other aid or assistance payable in support of\ncommon schools as shall supersede or supplement such state aid for the\nsupport of common schools, including federal moneys apportioned by the\nstate to the city of New York on behalf of the city school district for\nthe support of common schools. Any amount so paid over to the fund shall\nbe deducted from the corresponding apportionment of state education aid\nor other aid or assistance for education otherwise credited to the board\nof education for its purposes and shall not obligate the state to make\nor entitle the city or the board of education to receive any additional\nor increased apportionment or payment of state aid for school purposes.\n  (d) In computing the amount of the capital reserve fund for the\npurposes of this section, securities in which all or a portion of such\nfund shall be invested shall be valued at par, or if purchased at less\nthan par, at their cost to the fund.\n  2. The fund may create and establish with the comptroller or with a\ntrustee one or more additional funds or accounts and, subject to\nagreements with bondholders and noteholders, may pay into such funds or\naccounts (i) fees and charges collected by the fund, (ii) monies which\nshall be transferred from the capital reserve fund pursuant to the\nprovisions of paragraph (a) of subdivision one of this section, and\n(iii) any other monies which may be made available to the fund from any\nother source or sources. The monies held in or credited to any such\nreserve fund or account may, in the discretion of the fund but subject\nto agreements with bondholders and noteholders, be used by the fund (a)\nfor the repayment of advances from the city of New York, (b) to\nreimburse the board of education of the city of New York the reasonable\ncosts of services performed by the board for the fund pursuant to\nsection four hundred fifty-five of this article, (c) to pay all costs,\nexpenses and charges of financing, including fees and expenses of\ntrustees and paying agents, (d) for transfers to the capital reserve\nfund, (e) for the payment of principal of and interest on bonds or notes\nissued by the fund when the same shall become due, whether at maturity\nor on call for redemption, and for the payment of any redemption premium\nrequired to be paid where such bonds or notes are redeemed prior to\ntheir stated maturities, and to purchase bonds or notes issued by the\nfund, (f) for such other corporate purposes as the fund in its\ndiscretion shall determine and provide, or (g) for payment to the board\nof education for school purposes.\n  3. (a) The fund may create and establish one or more special funds\n(herein referred to as debt service reserve funds), and, to secure bonds\nof the fund issued on or after the twenty-fourth day of July, nineteen\nhundred seventy-six, shall pay into each such debt service reserve fund\n(1) any monies appropriated and made available by the state or city of\nNew York for the purposes of such fund, (2) any proceeds of sale of\nnotes or bonds to the extent provided in the resolution of the fund\nauthorizing the issuance thereof, and (3) any other monies which may be\nmade available to the fund for the purposes of any such debt service\nreserve fund from any other source or sources. All moneys held in a debt\nservice reserve fund, except as hereinafter provided, shall be used\nsolely for the payment of the principal of bonds of the fund as the same\nmature, required payments to any sinking fund established for the\namortization of term bonds (hereinafter referred to as "sinking fund\npayments"), so secured, the purchase or redemption of bonds of the fund\nso secured, the payment of interest on such bonds of the fund so secured\nor the payment of any redemption premium required to be paid when such\nbonds secured by a debt service reserve fund are redeemed prior to\nmaturity; provided, however, that moneys in a debt service reserve fund\nshall not be withdrawn therefrom at any time in such amount as would\nreduce the amount of such fund to less than the debt service reserve\nfund requirement established pursuant to the agreement with the holders\nof the bonds of the fund secured by such debt service reserve fund,\nexcept for the purpose of paying principal of, interest and sinking fund\npayments becoming due on such bonds of the fund maturing and becoming\ndue and for the payment of which other monies of the fund are not\navailable. Any income or interest earned by, or increment to, a debt\nservice reserve fund due to the investment thereof may be transferred to\nother funds or accounts to the extent it does not reduce the amount of a\ndebt service reserve fund below the debt service reserve fund\nrequirement.\n  (b) The fund shall not issue bonds secured by a debt service reserve\nfund at any time if the amount in such debt service reserve fund is less\nthan the debt service reserve fund requirement at the time of issuance\nunless the fund, at the time of issuance of such bonds, shall deposit in\nthe debt service reserve fund from the proceeds of the bonds so to be\nissued, or otherwise, an amount which, together with the amount then in\nsuch fund, will be not less than the debt service reserve fund\nrequirement established by the agreement with the holders of the bonds\nof the fund secured thereby.\n  (c) To assure the continued operation and solvency of the fund for the\ncarrying out of the public purposes of this article, provision is made\nin paragraph (a) of this subdivision for the accumulation in a debt\nservice reserve fund of an amount equal to the debt service reserve fund\nrequirement on all bonds of the fund then outstanding secured by a debt\nservice or debt service reserve fund. In order further to assure such\nmaintenance of a debt service reserve fund, the board of education shall\nannually request from the city of New York and pay over to the fund\nafter making the payment required by paragraph (c) of subdivision one of\nthis section for deposit in a debt service reserve fund, such sum, if\nany, as shall be certified by the chairman of the fund to the board, the\nmayor and the director of the budget of the city of New York as\nnecessary to restore such debt service reserve fund to an amount equal\nto the debt service reserve fund requirement for the bonds of the fund\nsecured by such debt service reserve fund; provided, however, that such\nsum shall have been first appropriated by the city to the board or shall\notherwise have been made lawfully available to the board for such\npurpose. The chairman of the fund shall annually, not later than the\nfifteenth day of February in each year, make and deliver to the board,\nthe mayor and the director of the budget his certificate stating the\namount, if any, required to restore a debt service reserve fund to the\namount aforesaid and the amount so stated after making the payment\nrequired by paragraph (c) of subdivision one of this section if any,\nshall be paid to the fund by the board during the then current fiscal\nyear of the fund. In the event of the failure or inability of the board\nto pay over the stated amount to the fund on or before August first of\nthe same year, the chairman of the fund shall forthwith make and deliver\nto the comptroller of the state of New York a further certificate\nrestating the amount so required and, after the comptroller of the state\nof New York shall have given written notice to the commissioner, the\nmayor and director of the budget, such amount after making the payment\nrequired by paragraph (c) of subdivision one of this section shall be\npaid over to the fund by the comptroller of the state of New York out of\nthe next payment of state aid apportioned to the city of New York on\nbehalf of the city school district of the city of New York for the\nsupport of common schools or such other aid or assistance payable in\nsupport of common schools as shall supersede or supplement such state\naid for the support of common schools, including federal moneys\napportioned by the state to the city of New York on behalf of the city\nschool district for the support of common schools. Any amount so paid\nover to the fund under paragraph (c) of subdivision one of this section\nshall be deducted from the corresponding apportionment of state\neducation aid or other aid or assistance for education otherwise\ncredited to the board of education for its purposes and shall not\nobligate the state to make or entitle the city or the board of education\nto receive any additional or increased apportionment or payment of state\naid for school purposes.\n  (d) In computing the amount of any debt service reserve fund for the\npurposes of this section, securities in which all or a portion of such\nfund shall be invested shall be valued at par, or if purchased at less\nthan par, at their cost to the fund.\n  (e) The maximum debt service reserve fund requirement for any debt\nservice reserve fund created pursuant to this subdivision shall not\nexceed the amount of principal and interest maturing and becoming due\nand sinking fund payments required to be made in any year on all bonds\nof the fund secured by such debt service reserve fund. For purposes of\nthis subdivision, in computing the maximum amount of principal maturing\nin any year, the principal amount of any term bonds which are to be\namortized by sinking fund payments shall not be included in the\ncomputation.\n  4. In addition to the funds permitted to be established pursuant to\nsubdivision two hereof, the fund may create and establish with the\ncomptroller or with a trustee one or more additional funds or accounts\nand, subject to agreements with bondholders and noteholders, may pay\ninto such funds or accounts (i) fees and charges collected by the fund,\n(ii) monies which shall be transferred from a debt service or reserve\nfund pursuant to the provisions of paragraph (a) of subdivision one of\nthis section, and (iii) any other monies which may be made available to\nthe fund from any other source or sources. The monies held in or\ncredited to any such fund may, in the discretion of the fund but subject\nto agreements with bondholders and noteholders, be used by the fund (a)\nfor the repayment of advances from the city of New York, (b) to\nreimburse the board of education of the city of New York the reasonable\ncosts of services performed by the board for the fund pursuant to\nsection four hundred fifty-five of this article, (c) to pay all costs,\nexpenses and charges of financing, including fees and expenses of\ntrustees and paying agents, (d) for transfers to a debt service or a\ndebt service reserve fund, (e) for the payment of principal, interest\nand sinking fund payments for any bonds or notes issued by the fund when\nthe same shall become due, whether at maturity or on call for\nredemption, and for the payment of any redemption premium required to be\npaid where such bonds or notes are redeemed prior to their stated\nmaturities, and to purchase bonds or notes issued by the fund, (f) for\nsuch other corporate purposes as the fund in its discretion shall\ndetermine and provide, or (g) for payment to the board of education for\nschool purposes.\n
N.Y. PBH Law § 4900 — New York Code / Act PBH / Article 49 / Title 1 / Section 4900
Definitions
Status: in_force

§ 4900. Definitions. For purposes of this article:\n  1. "Adverse determination" means a determination by a utilization\nreview agent that an admission, extension of stay, or other health care\nservice, upon review based on the information provided, is not medically\nnecessary.\n  2. "Clinical peer reviewer" means:\n  (a) for purposes of section four thousand nine hundred three of this\narticle:\n  (i) a physician who possesses a current and valid non-restricted\nlicense to practice medicine; or\n  (ii) a health care professional other than a licensed physician who:\n  (A) where applicable, possesses a current and valid non-restricted\nlicense, certificate or registration or, where no provision for a\nlicense, certificate or registration exists, is credentialed by the\nnational accrediting body appropriate to the profession; and\n  (B) is in the same profession and same or similar specialty as the\nhealth care provider who typically manages the medical condition or\ndisease or provides the health care service or treatment under review;\nor\n  * (iii) for purposes of a determination involving substance use\ndisorder treatment:\n  (A) a physician who possesses a current and valid non-restricted\nlicense to practice medicine and who specializes in behavioral health\nand has experience in the delivery of substance use disorder courses of\ntreatment; or\n  (B) a health care professional other than a licensed physician who\nspecializes in behavioral health and has experience in the delivery of\nsubstance use disorder courses of treatment and, where applicable,\npossesses a current and valid non-restricted license, certificate or\nregistration or, where no provision for a license, certificate or\nregistration exists, is credentialed by the national accrediting body\nappropriate to the profession; or\n  * NB Effective until January 1, 2027\n  * (iii) for purposes of a determination involving substance-related\nand addictive disorder treatment:\n  (A) a physician who possesses a current and valid non-restricted\nlicense to practice medicine and who specializes in behavioral health\nand has experience in the delivery of substance-related and addictive\ndisorder courses of treatment; or\n  (B) a health care professional other than a licensed physician who\nspecializes in behavioral health and has experience in the delivery of\nsubstance-related and addictive disorder courses of treatment and, where\napplicable, possesses a current and valid non-restricted license,\ncertificate or registration or, where no provision for a license,\ncertificate or registration exists, is credentialed by the national\naccrediting body appropriate to the profession; or\n  * NB Effective January 1, 2027\n  (iv) for purposes of a determination involving treatment for a mental\nhealth condition:\n  (A) a physician who possesses a current and valid non-restricted\nlicense to practice medicine and who specializes in behavioral health\nand has experience in the delivery of mental health courses of\ntreatment; or\n  (B) a health care professional other than a licensed physician who\nspecializes in behavioral health and has experience in the delivery of a\nmental health courses of treatment and, where applicable, possesses a\ncurrent and valid non-restricted license, certificate, or registration\nor, where no provision for a license, certificate or registration\nexists, is credentialed by the national accrediting body appropriate to\nthe profession; and\n  (b) for purposes of section four thousand nine hundred four and title\ntwo of this article:\n  (i) a physician who:\n  (A) possesses a current and valid non-restricted license to practice\nmedicine;\n  (B) where applicable, is board certified or board eligible in the same\nor similar specialty as the health care provider who typically manages\nthe medical condition or disease or provides the health care service or\ntreatment under appeal;\n  (C) for purposes of title two of this article, has been practicing in\nsuch area of specialty for a period of at least five years;\n  * (D) for purposes of a determination involving substance use disorder\ntreatment, possesses a current and valid non-restricted license to\npractice medicine and specializes in behavioral health and has\nexperience in the delivery of substance use disorder courses of\ntreatment;\n  * NB Effective until January 1, 2027\n  * (D) for purposes of a determination involving substance-related and\naddictive disorder treatment, possesses a current and valid\nnon-restricted license to practice medicine and specializes in\nbehavioral health and has experience in the delivery of\nsubstance-related and addictive disorder courses of treatment;\n  * NB Effective January 1, 2027\n  (E) for purposes of a determination involving treatment for a mental\nhealth condition, possesses a current and valid non-restricted license\nto practice medicine and who specializes in behavioral health and has\nexperience in the delivery of mental health courses of treatment; and\n  (F) is knowledgeable about the health care service or treatment under\nappeal; or\n  (ii) a health care professional other than a licensed physician who:\n  (A) where applicable, possesses a current and valid non-restricted\nlicense, certificate or registration;\n  (B) where applicable, is credentialed by the national accrediting body\nappropriate to the profession in the same profession and same or similar\nspecialty as the health care provider who typically manages the medical\ncondition or disease or provides the health care service or treatment\nunder appeal;\n  (C) for purposes of title two of this article, has been practicing in\nsuch area of specialty for a period of at least five years;\n  (D) is knowledgeable about the health care service or treatment under\nappeal;\n  * (E) for purposes of a determination involving substance use\ndisorder, specializes in behavioral health and has experience in the\ndelivery of substance use disorder courses of treatment and, where\napplicable, possesses a current and valid non-restricted license,\ncertificate or registration or, where no provision for a license,\ncertificate or registration exists, is credentialed by the national\naccrediting body appropriate to the profession;\n  * NB Effective until January 1, 2027\n  * (E) for purposes of a determination involving substance-related and\naddictive disorder, specializes in behavioral health and has experience\nin the delivery of substance-related and addictive disorder courses of\ntreatment and, where applicable, possesses a current and valid\nnon-restricted license, certificate or registration or, where no\nprovision for a license, certificate or registration exists, is\ncredentialed by the national accrediting body appropriate to the\nprofession;\n  * NB Effective January 1, 2027\n  (F) for purposes of a determination involving treatment for a mental\nhealth condition, specializes in behavioral health and has experience in\nthe delivery of mental health courses of treatment and, where\napplicable, possesses a current and valid non-restricted license,\ncertificate, or registration or, where no provision for a license,\ncertificate or registration exists, is credentialed by the national\naccrediting body appropriate to the profession; and\n  (G) where applicable to such health care professional's scope of\npractice, is clinically supported by a physician who possesses a current\nand valid non-restricted license to practice medicine.\n  (c) Nothing in this subdivision shall be construed to change any\nstatutorily-defined scope of practice.\n  2-a. "Clinical standards" means those guidelines and standards set\nforth in the utilization review plan by the utilization review agent\nwhose adverse determination is under appeal or, in the case of medically\nfragile children, those guidelines and standards as required by section\nforty-four hundred six-i of this chapter.\n  2-b. "Clinical trial" means a peer-reviewed study plan which has been\n  (a) reviewed and approved by a qualified institutional review board,\nand\n  (b) approved by one of the National Institutes of Health (NIH), or an\nNIH cooperative group or an NIH center, or the Food and Drug\nAdministration in the form of an investigational new drug exemption, or\nthe federal Department of Veteran Affairs, or a qualified\nnongovernmental research entity as identified in guidelines issued by\nindividual NIH Institutes for center support grants, or an institutional\nreview board of a facility which has a multiple project assurance\napproved by the Office of Protection from Research Risks of the National\nInstitutes of Health.\n  As used in this subdivision, the term "cooperative groups" means\nformal networks of facilities that collaborate on research projects and\nhave established NIH-approved peer review programs operating within\ntheir groups; and that include, but are not limited to, the National\nCancer Institute (NCI) Clinical Cooperative Groups, the NCI Community\nClinical Oncology Program (CCOP), the AIDS Clinical Trials Groups\n(ACTG), and the Community Programs for Clinical Research in AIDS\n(CPCRA).\n  * 2-c. "Disabling condition or disease" means a condition or disease\nwhich, according to the current diagnosis of the enrollee's attending\nphysician, is consistent with the definition of "disabled person"\npursuant to subdivision five of section two hundred eight of the social\nservices law.\n  * NB Effective until January 1, 2027\n  * (2-c) "Chronic health condition" means a condition that is expected\nto last for at least one year and requires ongoing treatment to\neffectively manage the condition or prevent an adverse health event.\n  * NB Effective January 1, 2027\n  * 2-d. "Disabling condition or disease" means a condition or disease\nwhich, according to the current diagnosis of the enrollee's attending\nphysician, is consistent with the definition of "disabled person"\npursuant to subdivision five of section two hundred eight of the social\nservices law.\n  * NB Effective January 1, 2027\n  3. "Emergency condition" means a medical or behavioral condition, that\nmanifests itself by acute symptoms of sufficient severity, including\nsevere pain, such that a prudent layperson, possessing an average\nknowledge of medicine and health, could reasonably expect the absence of\nimmediate medical attention to result in (a) placing the health of the\nperson afflicted with such condition in serious jeopardy, or in the case\nof a behavioral condition, placing the health of such person or others\nin serious jeopardy; (b) serious impairment to such person's bodily\nfunctions; (c) serious dysfunction of any bodily organ or part of such\nperson; (d) serious disfigurement of such person; or (e) a condition\ndescribed in clause (i), (ii) or (iii) of section 1867(e)(1)(A) of the\nSocial Security Act.\n  4. "Enrollee" means a person subject to utilization review.\n  4-a. "Experimental and investigational treatment review plan" means:\n  (a) a description of the process for developing the written clinical\nreview criteria used in rendering an experimental and investigational\ntreatment review determination; and\n  (b) a description of the qualifications and experience of the clinical\npeers who developed the criteria, who are responsible for periodic\nevaluation of the criteria, and who use the written clinical review\ncriteria in the process of reviewing proposed experimental and\ninvestigational health services and procedures.\n  4-b. "External appeal" means an appeal conducted by an external appeal\nagent in accordance with the provisions of section forty-nine hundred\nfourteen of this article.\n  4-c. "External appeal agent" means an entity certified by the\ncommissioner pursuant to section forty-nine hundred eleven of this\narticle.\n  4-d. "Final adverse determination" means an adverse determination\nwhich has been upheld by a utilization review agent with respect to a\nproposed health care service following a standard appeal, or an\nexpedited appeal where applicable, pursuant to section forty-nine\nhundred four of this title.\n  4-e. "Health care plan" means any organization certified under article\nforty-four of this chapter.\n  5. (a) For purposes of this title and for appeals requested pursuant\nto paragraph (a) of subdivision two of section forty-nine hundred ten of\ntitle two of this article, "health care service" means:\n  (i) health care procedures, treatments or services\n  (A) provided by a facility licensed pursuant to article twenty-eight,\nthirty-six, forty-four or forty-seven of this chapter or pursuant to\narticle nineteen, twenty-three, thirty-one or thirty-two of the mental\nhygiene law; or\n  (B) provided by a health care professional; and\n  (ii) the provision of pharmaceutical products or services or durable\nmedical equipment.\n  (b) For purposes of appeals requested pursuant to paragraph (b) of\nsubdivision two of section forty-nine hundred ten of title two of this\narticle, "health care services" shall mean experimental or\ninvestigational procedures, treatments or services, including:\n  (A) services provided within a clinical trial, and\n  (B) the provision of a pharmaceutical product pursuant to prescription\nby the enrollee's attending physician for a use other than those uses\nfor which such pharmaceutical product has been approved for marketing by\nthe federal Food and Drug Administration;\nto the extent that coverage for such services are prohibited by law from\nbeing excluded under the plan.\n  Provided that nothing in this subdivision shall be construed to define\nwhat are covered services pursuant to a subscriber contract or\ngovernmental health benefit program.\n  6. "Health care professional" means an appropriately licensed,\nregistered or certified health care professional pursuant to title eight\nof the education law or a health care professional comparably licensed,\nregistered or certified by another state.\n  7. "Health care provider" means a health care professional or a\nfacility licensed pursuant to articles twenty-eight, thirty-six,\nforty-four or forty-seven of this chapter or a facility licensed\npursuant to article nineteen, twenty-three, thirty-one or thirty-two of\nthe mental hygiene law.\n  7-a. "Life-threatening condition or disease" means a condition or\ndisease which, according to the current diagnosis of the enrollee's\nattending physician, has a high probability of causing the enrollee's\ndeath.\n  7-b. "Material familial affiliation" means any relationship as a\nspouse, child, parent, sibling, spouse's parent, spouse's child, child's\nparent, child's spouse, or sibling's spouse.\n  7-c. "Material financial affiliation" means any financial interest of\nmore than five percent of total annual revenue or total annual income of\nan external appeal agent or officer, director, or management employee\nthereof; or clinical peer reviewer employed or engaged thereby to\nconduct any external appeal. The term "material financial affiliation"\nshall not include revenue received from a health care plan by (a) an\nexternal appeal agent to conduct an external appeal pursuant to section\nforty-nine hundred fourteen of title two of this article, or (b) a\nclinical peer reviewer for health services rendered to enrollees.\n  7-d. "Material professional affiliation" means any physician-patient\nrelationship, any partnership or employment relationship, a shareholder\nor similar ownership interest in a professional corporation, or any\nindependent contractor arrangement that constitutes a material financial\naffiliation with any expert or any officer or director of the\nindependent organization.\n  7-e. "Medical and scientific evidence" means the following sources:\n  (a) peer-reviewed scientific studies published in, or accepted for\npublication by, medical journals that meet nationally recognized\nrequirements for scientific manuscripts and that submit most of their\npublished articles for review by experts who are not part of the\neditorial staff;\n  (b) peer-reviewed medical literature, including literature relating to\ntherapies reviewed and approved by a qualified institutional review\nboard, biomedical compendia and other medical literature that meet the\ncriteria of the National Institute of Health's National Library of\nMedicine for indexing in Index Medicus, Excerpta Medicus, Medline and\nMEDLARS database Health Services Technology Assessment Research;\n  (c) peer-reviewed abstracts accepted for presentation at major medical\nassociation meetings;\n  (d) peer-reviewed literature shall not include publications or\nsupplements to publications sponsored to a significant extent by a\npharmaceutical manufacturing company or medical device manufacturer;\n  (e) medical journals recognized by the secretary of Health and Human\nServices, under section 1861 (t)(2) of the federal Social Security Act;\n  (f) the following standard reference compendia:\n  (i) the American Hospital Formulary Service - Drug Information;\n  (ii) the American Medical Association Drug Evaluation;\n  (iii) the American Dental Association Accepted Dental Therapeutics;\nand\n  (iv) the United States Pharmacopeia - Drug Information;\n  (g) findings, studies, or research conducted by or under the auspices\nof federal government agencies and nationally recognized federal\nresearch institutes including the federal Agency for Health Care Policy\nand Research, National Institutes of Health, National Cancer Institute,\nNational Academy of Sciences, Health Care Financing Administration,\nCongressional Office of Technology Assessment, and any national board\nrecognized by the National Institutes of Health for the purpose of\nevaluating the medical value of health services.\n  7-f. "Out-of-network denial" means a denial of a request for\npre-authorization to receive a particular health service from an\nout-of-network provider on the basis that such out-of-network health\nservice is not materially different than the health service available\nin-network. The notice of an out-of-network denial provided to an\nenrollee shall include information explaining what information the\nenrollee must submit in order to appeal the out-of-network denial\npursuant to subdivision one-a of section four thousand nine hundred four\nof this article. An out-of-network denial under this subdivision does\nnot constitute an adverse determination as defined in this article.\nNotwithstanding any other provision of this subdivision, an\nout-of-network denial shall not be construed to include a denial for a\nreferral to an out-of-network provider on the basis that a health care\nprovider is available in-network to provide the particular health\nservice requested by the enrollee.\n  7-f-1. "Out-of-network referral denial" means a denial of a request\nfor an authorization or referral to an out-of-network provider on the\nbasis that the health care plan has a health care provider in the\nin-network benefits portion of its network with appropriate training and\nexperience to meet the particular health care needs of an enrollee, and\nwho is able to provide the requested health service. The notice of an\nout-of-network referral denial provided to an enrollee shall include\ninformation explaining what information the enrollee must submit in\norder to appeal the out-of-network referral denial pursuant to\nsubdivision one-b of section four thousand nine hundred four of this\narticle. An out-of-network referral denial under this subdivision does\nnot constitute an adverse determination as defined in this article. An\nout-of-network referral denial shall not be construed to include an\nout-of-network denial as defined in subdivision seven-f of this section.\n  7-f-2. "Step therapy protocol override determination" means a\ndetermination made by a utilization review agent as defined in\nsubdivision nine of this section to override a step therapy protocol\npursuant to subdivisions three-a, three-b and three-c of section\nforty-nine hundred three of this title granting coverage for the health\ncare professional's selected prescription drug or drugs. Any step\ntherapy protocol override determination as defined by this subdivision\nshall be eligible for appeal by an enrollee pursuant to this article.\n  7-f-3. "Step therapy protocol" means a policy, protocol or program\nestablished by a utilization review agent as defined in subdivision nine\nof this section that establishes the specific sequence in which\nprescription drugs for a specified medical condition are approved for a\nparticular enrollee. Nothing in this chapter shall impair or prevent an\ninsured from having the right to appeal pursuant to this article\nrelating to the imposition of a step therapy protocol.\n  7-g. "Rare disease" means a condition or disease that (1)(A) is\ncurrently or has been subject to a research study by the National\nInstitutes of Health Rare Diseases Clinical Research Network or (B)\naffects fewer than two hundred thousand United States residents per\nyear, and (2) for which there does not exist a standard health service\nor procedure covered by the health care plan that is more clinically\nbeneficial than the requested health service or treatment. A physician,\nother than the enrollee's treating physician, shall certify in writing\nthat the condition is a rare disease as defined in this subsection. The\ncertifying physician shall be a licensed, board-certified or\nboard-eligible physician who specializes in the area of practice\nappropriate to treat the enrollee's rare disease. The certification\nshall provide either: (1) that the insured's rare disease is currently\nor has been subject to a research study by the National Institutes of\nHealth Rare Diseases Clinical Research Network; or (2) that the\ninsured's rare disease affects fewer than two hundred thousand United\nStates residents per year. The certification shall rely on medical and\nscientific evidence to support the requested health service or\nprocedure, if such evidence exists, and shall include a statement that,\nbased on the physician's credible experience, there is no standard\ntreatment that is likely to be more clinically beneficial to the\nenrollee than the requested health service or procedure and the\nrequested health service or procedure is likely to benefit the enrollee\nin the treatment of the enrollee's rare disease and that such benefit to\nthe enrollee outweighs the risks of such health service or procedure.\nThe certifying physician shall disclose any material financial or\nprofessional relationship with the provider of the requested health\nservice or procedure as part of the application for external appeal of\ndenial of a rare disease treatment. If the provision of the requested\nhealth service or procedure at a health care facility requires prior\napproval of an institutional review board, an enrollee or enrollee's\ndesignee shall also submit such approval as part of the external appeal\napplication.\n  8. "Utilization review" means the review to determine whether health\ncare services that have been provided, are being provided or are\nproposed to be provided to a patient, whether undertaken prior to,\nconcurrent with or subsequent to the delivery of such services are\nmedically necessary. For the purposes of this article none of the\nfollowing shall be considered utilization review:\n  (a) Denials based on failure to obtain health care services from a\ndesignated or approved health care provider as required under a\nsubscriber's contract;\n  (b) Where any determination is rendered pursuant to subdivision\nthree-a of section twenty-eight hundred seven-c of this chapter;\n  (c) The review of the appropriateness of the application of a\nparticular coding to a patient, including the assignment of diagnosis\nand procedure;\n  (d) Any issues relating to the determination of the amount or extent\nof payment other than determinations to deny payment based on an adverse\ndetermination; and\n  (e) Any determination of any coverage issues other than whether health\ncare services are or were medically necessary.\n  9. "Utilization review agent" means any company, organization or other\nentity performing utilization review, except:\n  (a) an agency of the federal government;\n  (b) an agent acting on behalf of the federal government, but only to\nthe extent that the agent is providing services to the federal\ngovernment;\n  (c) an agent acting on behalf of the state and local government for\nservices provided pursuant to title XIX of the federal social security\nact;\n  (d) a hospital's internal quality assurance program except if\nassociated with a health care financing mechanism; or\n  (e) any insurer subject to article thirty-two or forty-three of the\ninsurance law and any independent utilization review agent performing\nutilization review under a contract with such insurer, which shall be\nsubject to article forty-nine of the insurance law.\n  10. "Utilization review plan" means:\n  (a) a description of the process for developing the written clinical\nreview criteria;\n  (b) a description of the types of written clinical information which\nthe plan might consider in its clinical review, including but not\nlimited to, a set of specific written clinical review criteria;\n  (c) a description of practice guidelines and standards used by a\nutilization review agent in carrying out a determination of medical\nnecessity, which in the case of medically fragile children shall\nincorporate the standards required by section forty-four hundred six-i\nof this chapter;\n  (d) the procedures for scheduled review and evaluation of the written\nclinical review criteria; and\n  (e) a description of the qualifications and experience of the health\ncare professionals who developed the criteria, who are responsible for\nperiodic evaluation of the criteria and of the health care professionals\nor others who use the written clinical review criteria in the process of\nutilization review.\n
N.Y. EDN Law § 375 — New York Code / Act EDN / Title 1 / Article 8-A / Section 375
Capital construction planning
Status: in_force

§ 375. Capital construction planning. 1. Construction standards. On or\nbefore July first, nineteen hundred sixty-two, the state university\ntrustees shall cause to be prepared with the assistance of the fund, the\ndormitory authority, the state department of transportation and the\ndivision of the budget, proposed standards for all facilities or classes\nof facilities to be constructed, acquired, reconstructed, rehabilitated\nor improved for the state university pursuant to contracts executed on\nor after a date thirty days subsequent to the effective date of such\nstandards. The proposed standards may, in the discretion of the state\nuniversity trustees, include, among other things, provisions relating to\nthe quality and type of materials to be used in such facilities,\nprovisions for safety, fire protection, health and sanitation,\nprovisions for the installation of fixtures and equipment in such\nfacilities and construction features deemed by the state university to\nbe desirable for academic use or for habitability. The proposed\nstandards shall be reviewed by the state university trustees and shall\nbe subject to their approval, disapproval or modification on or before\nAugust first, nineteen hundred sixty-two and in the form approved, shall\nbe forwarded to the governor for his further approval, disapproval or\nmodification within thirty days thereafter. The proposed standards shall\nbe deemed adopted, with or without modifications as the case may be,\nupon (i) written approval by the governor or (ii) the expiration of\nthirty days after receipt of the proposed standards by the governor from\nthe state university trustees, whichever occurs first. The effective\ndate of such standards shall be September first, nineteen hundred\nsixty-two. Such standards, in the form adopted, shall be filed by the\nstate university with the secretary of state in the manner provided by\nsection one hundred two of the executive law.\n  Changes in the construction standards so adopted may from time to time\nbe formulated and proposed, reviewed, approved, disapproved or modified,\nadopted and filed in the same manner as the original standards.\n  2. Design. The fund shall prepare, or cause to be prepared, within the\namounts appropriated therefor or otherwise available, the building\nplans, the exterior drawings or models displaying the architectural\nconcept of the facility, and the detailed plans and specifications for\nall construction, acquisition, reconstruction, rehabilitation and\nimprovement work to be performed at state-operated institutions or\nstatutory or contract colleges under the jurisdiction of the state\nuniversity. The fund may cause the building plans, drawings, models and\ndetailed plans and specifications for such work to be prepared under the\ndirection of the letting agency in accordance with the terms of any\nagreement entered into between the fund and such letting agency pursuant\nto section three hundred seventy-six of this chapter.\n  The detailed plans and specifications for any such work to be\nperformed pursuant to a contract executed on or after a date thirty days\nsubsequent to the effective date of the construction standards adopted\npursuant to subdivision one of this section shall comply with the\nstandards in effect at the time the contract is executed.\n  Subject to the terms of any agreement entered into between the fund\nand the letting agency pursuant to section three hundred seventy-six of\nthis chapter, the fund may from time to time modify, or authorize\nmodifications to, such detailed plans and specifications provided (i)\nthat the plans and specifications as so modified shall comply with the\nconstruction standards, if any, adopted pursuant to subdivision one of\nthis section and in effect at the time of the modification, and (ii)\nthat such modifications are made after consultation with the state\nuniversity, and (iii) that in the event a contingency fund is\nappropriated to the fund to pay the added costs during the then current\nstate fiscal year of all modifications made in the course of\nconstruction, acquisition, reconstruction, rehabilitation and\nimprovement of facilities for the state university, no such modification\nmay be made or authorized in such fiscal year without the approval of\nthe director of the budget unless the cost thereof shall be less than\nfive per centum of the total estimated cost of the facility as set forth\nin the budget bill referred to in subdivision one of section three\nhundred seventy-six of this chapter, but in no event shall any such\nmodification be made or authorized in such fiscal year if the cost\nthereof, plus the cost of all modifications theretofore made or\nauthorized during the same state fiscal year, would exceed the amount of\nthe contingency fund appropriated for the purpose of such modifications,\nand (iv) that in the event a contingency fund is not appropriated for\nthe purpose of such modifications, no such modification involving an\nestimated expense of ten thousand dollars or more shall be made or\nauthorized without the prior approval of the director of the budget.\n  3. Municipal regulations. No county, city, town or village shall have\npower to modify or change the plans or specifications for facilities to\nbe constructed, acquired, reconstructed, rehabilitated or improved for\nstate university purposes, or the construction, plumbing, heating,\nlighting or other mechanical branch of work necessary to complete the\nwork in question, nor to require that any person, firm or corporation\nemployed on any such work shall perform such work in any other or\ndifferent manner than that provided by such plans and specifications,\nnor to require that any such person, firm or corporation obtain any\nother or additional authority or permit from such county, city, town or\nvillage as a condition of doing such work, nor shall any condition\nwhatever be imposed by any such county, city, town or village in\nrelation to the work being done pursuant to this article, but such work\nshall be under the sole control of the supervising architect or engineer\nin accordance with the drawings, plans, specifications and contracts in\nrelation thereto; and the doing of any such work for the fund by any\nperson, firm or corporation in accordance with the terms of such\ndrawings, plans, specifications or contracts shall not subject said\nperson, firm or corporation to any liability or penalty, civil or\ncriminal, other than as may be stated in such contracts or incidental to\nthe proper enforcement thereof.\n
N.Y. MDW Law § 108 — New York Code / Act MDW / Article 4 / Title 1 / Section 108
Partitions
Status: in_force

§ 108. Partitions.  All partitions shall rest directly upon the\nfireproof floor construction and never upon any wood flooring, and shall\nextend to the fireproof construction of the floor or roof above.\n
N.Y. EDN Law § 409-M — New York Code / Act EDN / Title 1 / Article 9 / Section 409-M
Gender neutral single-occupancy bathroom facilities
Status: in_force

§ 409-m. Gender neutral single-occupancy bathroom facilities. The\nboard of education or trustees of every school district or, in the case\nof the city school district of New York, the chancellor, and every board\nof cooperative educational services, charter school and nonpublic school\nwithin the state shall develop policies and procedures requiring that\nall single-occupancy bathroom facilities are designated as gender\nneutral for use by no more than one occupant at a time or for family or\nassisted use. Such gender neutral bathroom facilities shall be clearly\ndesignated by the posting of such on or near the entry door of each\nfacility. For purposes of this section, "single-occupancy bathroom"\nshall have the same meaning as paragraph (d) of subdivision one of\nsection one hundred forty-five of the public buildings law.\n
N.Y. PBH Law § 2402 — New York Code / Act PBH / Article 24 / Title 1 / Section 2402
Cancer; reports confidential
Status: in_force

§ 2402. Cancer; reports confidential.  The reports of cancer cases\nmade pursuant to the provisions of this article shall not be divulged or\nmade public so as to disclose the identity of any person to whom they\nrelate, by any person, except in so far as may be authorized in the\nsanitary code.\n
N.Y. ELN Law § 17-152 — New York Code / Act ELN / Article 17 / Title 1 / Section 17-152
Conspiracy to promote or prevent election
Status: in_force

§ 17-152. Conspiracy to promote or prevent election. Any two or more\npersons who conspire to promote or prevent the election of any person to\na public office by unlawful means and which conspiracy is acted upon by\none or more of the parties thereto, shall be guilty of a misdemeanor.\n
N.Y. PBH Law § 2304 — New York Code / Act PBH / Article 23 / Title 1 / Section 2304
Sexually transmitted diseases; treatment facilities; administration
Status: in_force

§ 2304. Sexually transmitted diseases; treatment facilities;\nadministration. 1. It shall be the responsibility of each board of\nhealth of a health district to provide adequate facilities for the\ndiagnosis and treatment of persons living within its jurisdiction who\nare suspected of being infected or are infected with a sexually\ntransmitted disease.\n  2. The health officer of said health district shall administer these\nfacilities directly or through contract and shall promptly examine or\narrange for the examination of persons suspected of being infected with\na sexually transmitted disease, and shall promptly institute treatment\nor arrange for the treatment of those found or otherwise known to be\ninfected with a sexually transmitted disease, provided that any person\nmay, at his option, be treated at his own expense by a licensed\nphysician of his choice.\n  3. The facilities provided by the board of health and the\nadministration of these facilities by the health officer shall comply\nwith requirements of the commissioner.\n  4. Each board of health and local health officer shall ensure that\ndiagnosis and treatment services are available and, to the greatest\nextent practicable, seek third party coverage or indemnification for\nsuch services; provided, however, that no board of health, local health\nofficer, or other municipal officer or entity shall request or require\nthat such coverage or indemnification be utilized as a condition of\nproviding diagnosis or treatment services.\n  5. The term "health officer" as used in this article shall mean a\ncounty health officer, a city health officer, a town health officer, a\nvillage health officer, the health officer of a consolidated health\ndistrict or a state district health officer.\n
N.Y. ENV Law § 17-0105 — New York Code / Act ENV / Article 17 / Title 1 / Section 17-0105
Definitions applicable to portions of this article
Status: in_force

§ 17-0105. Definitions applicable to portions of this article.\n  When used in titles 1 to 11, inclusive, and titles 14 and 19 of this\narticle:\n  1. "Person" or "persons" means any individual, public or private\ncorporation, political subdivision, government agency, municipality,\nindustry, co-partnership, association, firm, trust, estate or any other\nlegal entity whatsoever.\n  2. "Waters" or "waters of the state" shall be construed to include\nlakes, bays, sounds, ponds, impounding reservoirs, springs, wells,\nrivers, streams, creeks, estuaries, marshes, inlets, canals, the\nAtlantic ocean within the territorial limits of the state of New York\nand all other bodies of surface or underground water, natural or\nartificial, inland or coastal, fresh or salt, public or private (except\nthose private waters which do not combine or effect a junction with\nnatural surface or underground waters), which are wholly or partially\nwithin or bordering the state or within its jurisdiction.\n  3. "Marine district" shall include the waters of the Atlantic ocean\nwithin three nautical miles from the coast line and all other tidal\nwaters within the state, except the Hudson river northerly of the south\nend of Manhattan Island.\n  4. "Sewage" means the water-carried human or animal wastes from\nresidences, buildings, industrial establishments or other places,\ntogether with such ground water infiltration and surface water as may be\npresent. The admixture with sewage as above defined of industrial wastes\nor other wastes as hereafter defined, shall also be considered "sewage"\nwithin the meaning of this article.\n  5. "Industrial waste" means any liquid, gaseous, solid or waste\nsubstance or a combination thereof resulting from any process of\nindustry, manufacturing, trade, or business or from the development or\nrecovery of any natural resources, which may cause or might reasonably\nbe expected to cause pollution of the waters of the state in\ncontravention of the standards adopted as provided herein.\n  6. "Other wastes" means garbage, refuse, decayed wood, sawdust,\nshavings, bark, sand, lime, cinders, ashes, offal, oil, tar, dyestuffs,\nacids, chemicals, ballast and all other discarded matter not sewage or\nindustrial waste which may cause or might reasonably be expected to\ncause pollution of the waters of the state in contravention of the\nstandards adopted as provided herein.\n  7. "Standard" or "Standards" means such measure of purity or quality\nfor any waters in relation to their reasonable and necessary use as may\nbe established by the department pursuant to section 17-0301.\n  8. "Sewer system" or "sewerage system" means pipe lines or conduits,\npumping stations, and force mains, and all other constructions, devices,\nand appliances appurtenant thereto, used for conducting sewage,\nindustrial waste or other wastes to a point of ultimate disposal.\n  9. "Treatment works" means any plant, disposal field, lagoon, pumping\nstation, constructed drainage ditch or surface water intercepting ditch,\nincinerator, area devoted to sanitary land fills, or other works not\nspecifically mentioned herein, installed for the purpose of treating,\nneutralizing, stabilizing or disposing of sewage, industrial waste or\nother wastes.\n  10. "Disposal system" means a system for disposing of sewage,\nindustrial waste or other wastes, and including sewer systems and\ntreatment works.\n  11. "Outlet" means the terminus of a sewer system, or the point of\nemergence of any water-borne sewage, industrial waste or other wastes or\nthe effluent therefrom, into the waters of the state.\n  12. "Shellfish" includes oysters, scallops, claims, mussels and other\naquatic mollusks, and lobsters, shrimp, crawfish, crabs and other\naquatic crustaceans.\n  13. "State Pollutant Discharge Elimination System" or "SPDES" means\nthe system established pursuant hereto for issuance of permits\nauthorizing discharges to the waters of the state.\n  14. "National Pollutant Discharge Elimination System" or "NPDES" means\nthe national system for the issuance of permits under the Federal Water\nPollution Control Act.\n  15. "Effluent standard and/or limitation" means any restriction on\nquantities, quality, rates and concentrations of chemical, physical,\nbiological, and other constituents of effluents which are discharged\ninto or allowed to run from an outlet or point source into waters of the\nstate promulgated by the federal government.\n  16. "Point source" means any discernible, confined and discrete\nconveyance, including but not limited to any pipe, ditch, channel,\ntunnel, conduit, well, discrete fissure, container, rolling stock,\nconcentrated animal feeding operation, vessel or other floating craft,\nor landfill leachate collection system from which pollutants are or may\nbe discharged. This term does not include agricultural stormwater\ndischarges and return flows from irrigated agriculture.\n  17. "Pollutant" means dredged spoil, solid waste, incinerator residue,\nsewage, garbage, sewage sludge, munitions, chemical wastes, biological\nmaterials, radioactive materials, heat, wrecked or discarded equipment,\nrock, sand and industrial, municipal, and agricultural waste discharged\ninto water; and ballast which may cause or might reasonably be expected\nto cause pollution of the waters of the state in contravention of the\nstandards adopted as provided herein.\n  18. "Schedule of compliance" means a schedule of remedial measures\nincluding an enforceable sequence of actions or operations leading to\ncompliance with an effluent limitation, other limitation, prohibition,\nor standard.\n  19. "Toxic pollutant" means those pollutants, or combination of\npollutants, including disease-causing agents which after discharge and\nupon exposure, ingestion, inhalation or assimilation into any organism,\neither directly from the environment or indirectly through food chains,\nwill, on the basis of information available to the department, cause\ndeath, disease, behavorial abnormalities, cancer, genetic mutations,\nphysiological malfunctions, including malfunctions in reproduction, or\nphysical deformations, in such organisms or their offspring.\n  20. "New source" means any source, the construction of which is\ncommenced after the publication of a standard or performance applicable\nto such source under the provisions of the Act, provided such standard\nis thereafter promulgated and adopted.\n  21. "Standard of performance" means a standard for the control of the\ndischarge of pollutants which reflects the greatest degree of effluent\nreduction which the federal government determines to be achievable\nthrough application of the best available demonstrated control\ntechnology, processes, operating methods, or other alternatives,\nincluding, where practicable, a standard permitting no discharge of\npollutants.\n  22. "Toxic and pretreatment effluent standard" means standards adopted\nby the federal government pursuant to section 307 of the Act.\n  23. "Tanker" means any watercraft of more than three hundred gross\ntons and having a fully loaded draft of seven feet or more used to carry\nany liquid cargo, including petroleum, oil or water.\n
N.Y. PBH Law § 2952 — New York Code / Act PBH / Article 29-A / Title 1 / Section 2952
Rural health network development grant program
Status: in_force

§ 2952. Rural health network development grant program. To the extent\nof funds available therefor, the sum of seven million dollars shall\nannually be available for periods prior to January first, two thousand\nthree, and up to six million five hundred thirty thousand dollars\nannually for the period January first, two thousand three through\nDecember thirty-first, two thousand four, up to seven million sixty-two\nthousand dollars for the period January first, two thousand five through\nDecember thirty-first, two thousand six annually, up to seven million\nsixty-two thousand dollars annually for the period January first, two\nthousand seven through December thirty-first, two thousand ten, up to\none million seven hundred sixty-six thousand dollars for the period\nJanuary first, two thousand eleven through March thirty-first, two\nthousand eleven, and within amounts appropriated for each state fiscal\nyear on and after April first, two thousand eleven, shall be available\nto the commissioner from funds made available pursuant to section\ntwenty-eight hundred seven-l of this chapter for grants pursuant to this\nsection. 1. The commissioner shall establish a rural health network\ndevelopment grant program for the purpose of assisting community based\nhealth care providers, consumers and organizations in rural areas to\npromote more effective health care delivery through the coordination,\ndevelopment, planning, implementation and operation of rural health\nnetworks pursuant to this title. Such grants shall support activities\nand organizational costs including, but not limited to, the recruitment\nof qualified health care professionals, the performance of feasibility\nstudies, the development of affiliation agreements among rural health\nproviders, the development of managed care capacities, the expansion and\nintegration of public and preventive health services into community\nbased primary care systems, the integration and expansion of prehospital\nemergency medical services and related consulting and legal fees.\n  2. To be eligible to receive grant funding pursuant to this section,\nthe applicant shall submit a network plan to the commissioner for\napproval; the network plan shall identify network participants and\nindicate how the members or participants of the rural health network\nintend to respond to the health care needs of the rural area, improve\naccess to and the quality of care for residents of the community,\npromote the coordination of resources among providers and reduce\nduplication of services while achieving cost and other operational\nefficiencies.\n  3. a. The commissioner shall make grants to rural health networks, or\nrural health care providers planning to develop a rural health network.\nThe network plan submitted by a rural health network or rural health\ncare providers planning to form a network for grant funds pursuant to\nthis section shall be consistent with guidelines issued by the\ncommissioner, in consultation with the New York state rural health\ncouncil and the legislative commission on the development of rural\nresources. Such guidelines shall include, but need not be limited to,\nthe duration of rural health network grants, appropriate funding levels\nand criteria for providing an appropriate geographic distribution of\ngrantees; provided, however, that the amount of any such grant shall be\nbased on the scope and nature of the proposed activities described in\nsuch plan and that the quality of any such plan complies with the\nconditions for approval pursuant to paragraph b of subdivision three of\nthis section.\n  b. The commissioner may require revisions or amendments to the initial\nnetwork plan prior to approval for funding, or periodic updates from an\napplicant to reflect the current status of a network's development or\noperation and to assure that the plan is implemented in accordance with\nits approved terms. In approving grants the commissioner shall consider\nthe following:\n  (i) The specific objectives and description of the proposed network,\nincluding considerations of the existing health care services currently\nbeing delivered within the rural area, and the unmet health care needs\nof the community;\n  (ii) The degrees to which the plan demonstrates enhanced costs and\nservice delivery efficiencies and access to necessary and high quality\nhealth care services by rural residents;\n  (iii) The degree to which stated objectives and the scope of the\nnetwork plan may reasonably be implemented and achieved using existing\nand projected resources;\n  (iv) The degree to which information sharing, communication, and\ncooperation between health care providers, human service entities and\nconsumers would be fostered;\n  (v) The contribution the network would make toward the identification\nand development of innovative delivery systems;\n  (vi) The degree to which management and continuity of care would be\nfostered and improved;\n  (vii) The degree to which participating providers are represented on\ngoverning bodies of the network;\n  (viii) The degree to which consumers within the area served or to be\nserved by the network are made aware of and have an effective\nopportunity to provide input in the creation and on-going development of\na network plan; and\n  (ix) The degree to which providers within the area served by the\nnetwork are made aware of and have an effective opportunity to\nparticipate in or become a member of the network.\n  c. The commissioner shall act on such application within ninety days\nafter its receipt. In the event waivers of any regulations are requested\nby an applicant, the commissioner shall have an additional thirty days\nto act upon such application.\n  4. The commissioner or his or her duly authorized representative may\nprovide or contract to provide technical assistance in the creation and\nimplementation of rural health networks and to promote community\norganization, collaboration and communication in rural network\ndevelopment across the state. The funding for any such contract shall\nnot be made available from funds provided for purposes of this section\nby section twenty-eight hundred seven-l of this chapter.\n  5. If the commissioner determines that a grant is being used for\npurposes other than those which are in conformity with this title, the\ncommissioner may withdraw his or her approval of the project and require\nrepayment of all or part of such grant to the state. The commissioner\nshall cause reports to be prepared and submitted for each project by the\ngrantees at such times and in such manner as are consistent with the\npurposes of this title.\n  6. a. The commissioner or his or her duly authorized representative\nmay also, promote appropriate active state supervision necessary to\npromote state action immunity under the federal antitrust laws, inspect\nor request additional documentation to verify that a network plan is\nimplemented in accordance with its approved terms as they relate to\nantitrust activity.\n  b. The commissioner shall review a network plan and all agreements\nbetween participating providers of a network organized pursuant to the\nnot-for-profit corporation law at any time with respect to their effect\non competition, access, and quality of care, may seek the advice of the\nattorney general and may require amendments to such agreements where he\nor she determines that the benefits of anti-competitive activity are\noutweighed by any disadvantages.\n  c. The commissioner may revoke, limit or annul approval to implement a\nnetwork plan, or portions thereof, after review and a hearing, for\nfailure to implement such plan in accordance with its terms as\nappropriate for the promotion of state action immunity under the federal\nantitrust laws.\n  d. The commissioner shall, at the request of any rural health network,\nreview network agreements with respect to their effect on competition,\naccess and quality of care, may seek the advice of the attorney general,\nand may require amendments to such agreements where he or she determines\nthat the benefits of anticompetitive activity are outweighed by any\ndisadvantage.\n  7. For the purpose of promoting maximum effectiveness in the\nutilization of state and local monies and innovative approaches, the\ncommissioner is authorized to waive, modify or suspend the respective\nprovisions of rules and regulations promulgated pursuant to this chapter\nif the commissioner determines that such waiver, modification or\nsuspension is necessary for the successful implementation of this title\nand provided that the commissioner determines that the health, safety\nand general welfare of people receiving health care will not be impaired\nas a result of such waiver, modification, or suspension. Such waiver,\nmodification or suspension may be granted for up to two years. In\naddition, upon the request of a rural health network organized pursuant\nto the not-for-profit corporation law and approved pursuant to\nsubdivision fourteen of section twenty-eight hundred one-a of this\nchapter thereto, through its network plan or its amendments, the\ncommissioner is authorized to permit such rural health network to make\napplications or fulfill regulatory requirements on behalf of members of\nthe network for purposes of, but not limited to, certificate of need,\nquality assurance, reimbursement, and professional credentialing and\nprivileging.\n  8. The commissioner shall consult with federal, state, and local\nofficials with respect to securing their cooperation in coordinating\nrelated programs and regulatory waivers and shall provide the\nlegislature with recommendations to facilitate such efforts.\n  9. Notwithstanding any inconsistent provision of law, the commissioner\nmay approve a rural health network, to receive directly reimbursement\nfor the planning and coordination of services including but not limited\nto such experimental and other payment methods as global budget, pooling\narrangements, or capitation payments for whole or in-part inpatient\nhospital services and ambulatory care services provided by the component\nentities of the network. Reimbursement including payments made by\ngovernmental agencies shall be subject to the approval of the state\ndirector of the budget and to the availability of federal financial\nparticipation pursuant to title XIX of the federal social security act\nin expenditures made for eligible patients. The commissioner may impose\nsuch terms and conditions as necessary and appropriate for receipt of\nsuch funds.\n
N.Y. PBA Law § 1020-F — New York Code / Act PBA / Article 5 / Title 1-A / Section 1020-F
General powers of the authority
Status: in_force

* § 1020-f. General powers of the authority. Except as otherwise\nlimited by this title, the authority shall have all of the powers\nnecessary or convenient to carry out the purposes and provisions of this\ntitle, including without limiting the generality of the foregoing, the\npower:\n  (a) To sue and be sued in all courts and to participate in actions and\nproceedings, whether judicial, administrative, arbitrative or otherwise;\n  (b) To have a corporate seal, and to alter such seal at pleasure, and\nto use it by causing it or a facsimile to be affixed or impressed or\nreproduced in any other manner;\n  (c) To appoint officers, agents and employees, without regard to any\npersonnel or civil service law, rule or regulation of the state and in\naccordance with guidelines adopted by the authority, prescribe their\nduties and qualifications and fix and pay their compensation. By January\nfirst, two thousand fourteen, the authority, through its governance\ncommittee, shall amend such guidelines to require that staffing at the\nauthority is kept at levels only necessary to ensure that the authority\nis able to meet obligations with respect to its bonds and notes and all\napplicable statutes and contracts, and oversee the activities of the\nservice provider;\n  (d) To purchase, receive, take by grant, gift, devise, bequest or\notherwise, lease, or otherwise acquire, own, hold, improve, employ, use\nand otherwise deal in and with, real or personal property whether\ntangible or intangible, or any interest therein, within the state;\n  (e) To acquire real or personal property, whether tangible or\nintangible, including without limitation property rights, interests in\nproperty, franchises, obligations, contracts, and debt and equity\nsecurities, by the exercise of the power of eminent domain; provided,\nhowever, that any real property acquired by the exercise of the power of\neminent domain must be located within the service area;\n  (f) To sell, convey, lease, exchange, transfer, abandon or otherwise\ndispose of, or mortgage, pledge or create a security interest in, all or\nany of its assets, properties or any interest therein, wherever\nsituated;\n  (g) To purchase, take, receive, subscribe for, or otherwise acquire,\nhold, make a tender offer for, vote, employ, sell, lend, lease,\nexchange, transfer, or otherwise dispose of, mortgage, pledge or grant a\nsecurity interest in, use and otherwise deal in and with, bonds and\nother obligations, shares or other securities (or interests therein)\nissued by others, whether engaged in a similar or different business or\nactivity;\n  (h) To make and execute agreements, contracts and other instruments\nnecessary or convenient in the exercise of the powers and functions of\nthe authority under this title, including contracts with any person,\nfirm, corporation, municipality, state agency or other entity in\naccordance with the provisions of section one hundred three of the\ngeneral municipal law, and all state agencies and all municipalities are\nhereby authorized to enter into and do all things necessary to perform\nany such agreement, contract or other instrument with the authority;\n  (i) To borrow money at such rate or rates of interest as the authority\nmay determine, issue its notes, bonds or other obligations to evidence\nsuch indebtedness, and secure any of its obligations by mortgage or\npledge of all or any of its property or any interest therein, wherever\nsituated;\n  (j) To arrange for guarantees of its bonds, notes or other obligations\nby the federal government or by any private insurer or otherwise, and to\npay any premiums therefor;\n  (k) To issue such bonds or notes or other obligations whether or not\nthe income therefrom is exempt from federal income taxation;\n  (l) To purchase bonds, notes or other obligations of the authority at\nsuch price or prices as the authority may determine;\n  (m) To lend money, invest and reinvest its funds, and take and hold\nreal and personal property as security for the payment of funds so\nloaned or invested;\n  (n) To procure insurance against any loss in connection with its\nproperties or operations in such amount or amounts and from such\ninsurers, including the federal government, as it may deem necessary or\ndesirable, and to pay any premiums therefor;\n  (o) To create or acquire one or more wholly owned subsidiaries in\naccordance with section one thousand twenty-i of this title to carry out\nall or any part of the purposes of this title;\n  (p) To negotiate and enter into agreements with trustees or receivers\nappointed by United States bankruptcy courts or federal district courts\nor in other proceedings involving adjustment of debts and authorize\nlegal counsel for the authority to appear in any such proceedings;\n  (q) To file a petition under chapter nine of title eleven of the\nUnited States bankruptcy code or take other similar action for the\nadjustment of its debts;\n  (r) To enter into agreements to purchase power from the power\nauthority of the state of New York, the state, any state agency, any\nmunicipality, any private entity, or any other available source at such\nprice or prices as may be negotiated; provided, however, that the\nauthority shall not have the power to enter into any agreement or any\nnegotiation for the purchase of power from the dominion of Canada, or\nany political subdivision, public authority or private corporation\ntherein; but may enter into an agreement with the power authority of the\nstate of New York for the purchase of such power;\n  (s) To enter into management agreements for the operation of all or\nany of the property or facilities owned by the authority;\n  (t) To transfer any asset of the authority to one or more (i) private\nutility or (ii) municipal gas or electric agency established pursuant to\narticle fourteen-A of the general municipal law, for such consideration\nand upon such terms as the authority may determine to be in the best\ninterest of the gas and electric ratepayers in the service area;\n  (u) Rate plans. Subject to subdivision six of section one thousand\ntwenty-k of this title to fix rates and charges for the furnishing or\nrendition of gas or electric power or of any related service at the\nlowest level consistent with sound fiscal and operating practices of the\nauthority and which provide for safe and adequate service. In\nimplementing this power:\n  1. The authority and the service provider shall, on or before February\nfirst, two thousand fifteen, submit for review to the department of\npublic service a three-year rate proposal for rates and charges to take\neffect on or after January first, two thousand sixteen.\n  2. The authority and the service provider shall thereafter submit for\nreview to the department of public service any rate proposal that would\nincrease the rates and charges and thus increase the aggregate revenues\nof the authority by more than two and one-half percent to be measured on\nan annual basis; provided, however, that the authority may place such\nrates and charges into effect on an interim basis, subject to\nprospective rate adjustment; provided, further, that a final rate plan\nissued by the authority that would not so increase such rates and\ncharges shall not be subject to the requirements of paragraph four of\nthis subdivision and shall be considered final for the purposes of\nreview under article seventy-eight of the civil practice law and rules.\nThe authority and/or the service provider may otherwise submit for\nreview to such department any rate proposal irrespective of its effect\non revenues.\n  2-a. The authority and the service provider shall not submit any rate\nproposal that shall assess any fee, penalty or other charge of any kind\nfor the voluntary termination of electric service to any residential\ncustomer for the purpose of utilizing alternative sources of electric\ngeneration in excess of that charged to customers who terminate their\nelectric service for any other reason.\n  3. The authority shall not fix any final rates and charges proposed\nthat would not be subject to review by the department of public service\npursuant to paragraphs one and two of this subdivision until after\nholding public hearings thereon upon reasonable public notice, with at\nleast one such hearing to be held each in the county of Suffolk and the\ncounty of Nassau.\n  4. Any recommendations associated with a rate proposal submitted\npursuant to paragraphs one and two of this subdivision shall be provided\nby the department of public service to the board of the authority\nimmediately upon their finalization by the department. Unless the board\nof the authority makes a preliminary determination in its discretion\nthat any particular recommendation is inconsistent with the authority's\nsound fiscal operating practices, any existing contractual or operating\nobligations, or the provision of safe and adequate service, the board\nshall implement such recommendations as part of its final rate plan and\nsuch final determination shall be deemed to satisfy the requirements of\nthis subdivision and be considered final for the purposes of review\nunder article seventy-eight of the civil practice law and rules. The\nboard shall make any such preliminary determination of inconsistency\nwithin thirty days of receipt of such recommendations, with notice and\nthe basis of such determination being provided to the department of\npublic service, and contemporaneously posted on the websites of the\nauthority and its service provider. The board shall thereafter, within\nthirty days of such posting and with due advance notice to the public,\nhold a public hearing with respect to its preliminary determination of\ninconsistency. At such hearing, the department of public service shall\npresent the basis for its recommendations, the board shall present the\nbasis for its determination of inconsistency and the service provider\nmay present its position. The authority and the service provider may,\nduring the time period before such public hearing reach agreement with\nthe department on disputed issues. Within thirty days after such public\nhearing, the board of the authority shall announce its final\ndetermination and planned implementation with respect to any such\nrecommendations. The authority's final determination of inconsistency\nshall be subject to any applicable judicial review proceeding, including\nreview available under article seventy-eight of the civil practice law\nand rules.\n  (v) To enter upon any lands and within any building whenever in its\njudgment it may be necessary for the purpose of making surveys and\nexaminations to accomplish any purpose authorized by this title;\n  (w) To enter into agreements to pay annual sums in lieu of taxes to\nany municipality with respect to any real property which is owned by the\nauthority and is located in such municipality;\n  (x) To maintain an office or offices at such place or places in the\nstate as it may determine;\n  (y) To make any inquiry, investigation, survey or study which the\nauthority may deem necessary to enable it effectively to carry out the\nprovisions of this title and, for that purpose, to take and hear proofs\nand testimony, and with the prior vote of a majority of the board which\nmajority vote shall include the vote of the chairman to compel the\nattendance of witnesses and to require the production of records, books,\npapers, accounts and other documents, including public records, and to\nmake copies thereof or extracts therefrom; and\n  (z) To adopt, revise, amend and repeal rules and regulations with\nrespect to its operations, properties and facilities as may be necessary\nor convenient to carry out the purposes of this title, subject to the\nprovisions of the state administrative procedure act.\n  (aa) Notwithstanding any other provision of law to the contrary the\nauthority shall not undertake any project without the approval of the\npublic authorities control board created pursuant to article one-A of\nthis chapter. Each application to the public authorities control board\nshall contain a project description and an explanation of why the\nproject meets the standards for project approval set forth in this\nsubdivision. The public authorities control board shall only approve a\nproject proposed by the authority upon its determination that:\n  1. the project is financially feasible as the standard is defined in\narticle one-A of this chapter;\n  2. the project does not materially adversely affect overall real\nproperty taxes in the service area;\n  3. the project is anticipated to result generally in lower utility\nrates in the service area; and\n  4. the project will not materially adversely affect overall real\nproperty taxes or utility rates in other areas of the state of New York.\n  (bb) Comprehensive and regular management and operations audits. 1.\nThe authority and the service provider shall cooperate in the\nundertaking and completion of a regular and comprehensive management and\noperations audit conducted pursuant to the requirements of this\nsubdivision and paragraph (d) of subdivision three of section three-b of\nthe public service law. Such audit shall review and evaluate the overall\noperations and management of the authority and service provider,\nincluding such operations and management in the context of the\nauthority's duty to set rates at the lowest level consistent with\nstandards and procedures provided in subdivision (u) of this section,\nand include, but not be limited to: (i) the service provider's\nconstruction and capital program planning in relation to the needs of\ncustomers for reliable service; (ii) the overall efficiency of the\nauthority's and service provider's operations; (iii) the manner in which\nthe authority is meeting its debt service obligations; (iv) the\nauthority's Fuel and Purchased Power Cost Adjustment clause and recovery\nof costs associated with such clause; (v) the authority's and service\nprovider's annual budgeting procedures and process; (vi) the\napplication, if any, of the performance metrics designated in the\noperations services agreement and the accuracy of the data relied upon\nwith respect to such application; and (vii) the authority's compliance\nwith debt covenants.\n  2. The department of public service shall notify the authority that\nsaid department is in the process of initiating a comprehensive\nmanagement and operations audit as described in paragraph one of this\nsubdivision in a manner that ensures the timeliness of such audit, and\nin accordance with the following timeframe: the first comprehensive\nmanagement and operations audit shall be initiated as of the effective\ndate of chapter eight of the laws of two thousand twelve and undertaken\nin a manner and to an extent that is practicable in the context of the\nauthority's transition to a new management service structure; the second\ncomprehensive management and operations audit shall be initiated no\nlater than December fifteenth, two thousand sixteen; and all additional\ncomprehensive management and operations audits shall be initiated at\nleast once every five years thereafter. Within a reasonable time after\nsuch notification to the authority, said department or the independent\nauditor retained by the authority to undertake such audit shall hold\npublic statement hearings, with proper notice, in both Nassau and\nSuffolk counties for the purpose of receiving both oral and written\ncomments from the public on matters related to such audit as described\nin paragraph one of this subdivision.\n  3. Each such audit shall be completed within eighteen months of\ninitiation absent an extension for good cause shown by the department of\npublic service or the independent auditor under contract with the\nauthority with notice of such extension to the governor, the temporary\npresident of the senate, the speaker of the assembly, and the chairs of\nthe authority and the department of public service. Such audit shall be\nprovided to the board of the authority immediately upon its completion.\nThe department of public service shall provide notice of completion of\nsuch audit to the governor, the temporary president of the senate, the\nspeaker of the assembly, and the minority leaders of the senate and\nassembly, and the authority, upon receipt of such audit, shall post a\ncopy of such audit, including findings and recommendations, on its\nwebsite and the website of the service provider. Unless the board of the\nauthority makes a preliminary determination that any particular finding\nor recommendation contained in such audit is inconsistent with the\nauthority's sound fiscal operating practices, any existing contractual\nor operating obligation, or the provision for safe and adequate service,\nthe board shall implement or cause its service provider to implement\nsuch findings and recommendations in accordance with the timeframe\nspecified under such audit.\n  4. The board of the authority shall make any preliminary determination\nof inconsistency with respect to any such finding or recommendation\nwithin thirty days of receipt of the audit, with notice and the basis of\nsuch determination being provided to the department of public service.\nSuch notice and basis shall be posted contemporaneously on the\nauthority's website and the website of the service provider and the\nboard shall, within thirty days of such posting and with due advance\nnotice to the public, hold a public hearing with respect to its\npreliminary determination of inconsistency. At such hearing the\ndepartment of public service or the independent auditor responsible for\nundertaking such audit shall present the basis for its findings and\nrecommendations and the board shall present the basis for its\ndetermination of inconsistency and the service provider may present is\nposition. The authority, service provider and auditor may during the\ntime period prior to such public hearing reach agreement on disputed\nissues. Within thirty days after such public hearing, the board of the\nauthority shall announce its final determination and planned\nimplementations with respect to any such findings and/or\nrecommendations. The authority's final determination of inconsistency\nshall be subject to any applicable judicial review proceeding, including\nreview available under article seventy-eight of the civil practice law\nand rules.\n  5. Notwithstanding the foregoing, in the event that a comprehensive\nand regular management and operations audit as conducted in accordance\nwith this subdivision indicates a finding of fraud, abuse or\nmismanagement by a service provider of the authority, and upon a finding\nby the public service commission that reasonable cause exists for the\nbasis of such indication, the public service commission may order that\nany recommendations contained in the regular management and operations\naudit be implemented. The public service commission may also provide in\ntheir order, the date in which the recommendations be fully implemented.\nFailure to comply with any such order can result in the imposition of a\ncivil penalty by the public service commission against the service\nprovider.\n  (cc) To prepare an emergency response plan pursuant to this\nsubdivision.  1. The service provider shall, in consultation with the\nauthority, prepare and maintain an emergency response plan (i) to assure\nthe reasonably prompt restoration of service in the case of an emergency\nevent, defined for purposes of this subdivision as an event where\nwidespread outages have occurred in the authority's service territory\ndue to a storm or other causes beyond the control of the authority and\nthe service provider, (ii) consistent with the requirements of paragraph\n(a) of subdivision twenty-one of section sixty-six of the public service\nlaw and any regulations and orders adopted thereto, and (iii)\nestablishing the separate responsibilities of the authority and service\nprovider. Such emergency response plan shall include plans setting forth\nhow the communication and coordination of efforts between the authority,\nservice provider, authority employees, service provider employees,\nauthority company crews, service provider company crews, mutual aid\ncrews, other utilities, local governments and any service provider or\nother entity performing services to assist the authority shall occur.\nSuch emergency response plan shall include identification of and\noutreach plans for customers who have documented their need for\nessential electricity for medical needs, which shall include but not be\nlimited to, apnea monitors for infants, cuirass respirators,\nhemodialysis machines, intravenous feeding machines, intravenous medical\ninfusion machines, oxygen concentrators, positive pressure respirators,\nrespirators/ventilators, rocking bed respirators, suction machines, and\ntank type respirators.\n  2. On or before February third, two thousand fourteen, the authority\nand service provider shall submit an emergency response plan to the\ndepartment of public service for review. Contemporaneously with such\nsubmission, the authority shall provide notice of such proposed plan to\nthe secretary of state for publication in the state register, the\nauthority and service provider each shall post such plan on their\nwebsites and otherwise make such plan available for review in-person,\nand afford members of the public an opportunity to submit written\ncomments and oral comments pursuant to at least one hearing to be held\neach in the county of Suffolk and the county of Nassau. Such written\ncomments must be submitted by March fourteenth, two thousand fourteen.\nThe authority and service provider shall provide a copy of all written\ncomments they receive and a transcript of such public hearings to the\ndepartment of public service for its consideration in reviewing the\nemergency response plan. The department shall provide any\nrecommendations to the authority and service provider with respect to\nsuch plan on or before April fifteenth, two thousand fourteen. Such plan\nmust be made final by June second, two thousand fourteen. For each year\nthereafter, the service provider shall submit an emergency response plan\nto the department of public service, and such department shall provide\nits recommendations, in accordance with a schedule to be established by\nsuch department and that is consistent with the schedule associated with\nsuch department's review of similar such plans provided by electric\ncorporations pursuant to subdivision twenty-one of section sixty-six of\nthe public service law.\n  3. By June second, two thousand fourteen, and by June first annually\nthereafter, the authority and service provider shall jointly certify to\nthe department of homeland security and emergency services that the\nemergency response plan ensures, to the greatest extent feasible, the\ntimely and safe restoration of energy services after an emergency\nconsistent with the requirements of paragraph (a) of subdivision\ntwenty-one of the public service law and the department's\nrecommendations. The filing of such emergency response plan shall also\ninclude a copy of all written mutual assistance agreements among\nutilities. The authority and service provider shall file with the county\nexecutives of Nassau and Suffolk county and the mayor of the city of New\nYork the most recent version of the emergency response plan, and make\nsure that such amended versions are timely filed.\n  4. Starting in calendar year two thousand fourteen, the service\nprovider annually shall undertake at least one drill to implement\nprocedures to practice its emergency response plan. The service provider\nshall notify and allow participation in such drill of all appropriate\nmunicipal emergency responders and officials.\n  5. If, during an emergency event, electric service is not restored in\nthree days, the service provider shall within sixty days from the date\nof full restoration file with the department a report constituting a\nreview of all aspects of the preparation and system restoration\nperformance during the event, and shall thereafter take into\nconsideration any recommendations made by the department associated with\nsuch review.\n  (dd) On or before January first, two thousand fifteen, and by January\nfirst of each calendar year thereafter, to submit for review to the\ndepartment of public service a report detailing the service provider's\nplanned capital expenditures.\n  (ee) On or before July first, two thousand fourteen, and annually\nthereafter, to submit for review to the department of public service any\nproposed plan related to implementing energy efficiency measures,\ndistributed generation or advanced grid technology programs for the\npurpose provided pursuant to paragraph (g) of subdivision three of\nsection three-b of the public service law.\n  (ff) To assist and cooperate with the department of public service\nwith respect to any review undertaken pursuant to section three-b of the\npublic service law, including providing the department with reasonable\naccess to all facilities and premises owned or operated by the authority\nor its service provider, allowing review of all books and records of the\nauthority and its service provider, providing copies of requested\ndocuments, allowing interviews of all appropriate personnel, and\nresponding in a reasonable and timely manner to any inquiries or\nreporting requests made by the department; provided, however, that the\nobligations set forth in this subdivision shall not extend to affiliates\nof the service provider.\n  (gg) Renewable generation and energy efficiency programs. 1. The\nauthority in coordination with the service provider, the power authority\nof the state of New York and the New York state energy research and\ndevelopment authority shall, to the extent the authority's rates are\nsufficient to provide safe and adequate transmission and distribution\nservice, and the measures herein, undertake actions to design and\nadminister renewable energy and energy efficiency measures in the\nservice area, with the goal of continuing and expanding such measures\nthat cost-effectively reduce system-wide peak demand, minimize long-term\nfuel price risk to rate payers, lower emissions, improve environmental\nquality, and seek to meet New York state climate change and\nenvironmental goals. Such actions shall also include implementation of\nany renewable energy competitive procurement or feed-in-tariff programs\nthat were approved by the authority as of the effective date of the\nchapter of the laws of two thousand thirteen which added this\nsubdivision.\n  2. The service provider shall consider, consistent with maintaining\nsystem reliability, renewable generation and energy efficiency program\nresults and options in establishing capital plans.\n  (hh) Starting in calendar year two thousand fifteen, the authority and\nthe service provider shall submit to the department of public service\nfor review, any and all data, information and reports which set forth\nthe service provider's actual performance related to the metrics in the\noperations services agreement, including the authority's evaluation\nthereof, no less than forty-five days prior to the authority's\ndetermination of the service provider's annual incentive compensation.\n  (ii) The service provider shall assist and cooperate with the\ndepartment of public service with respect to providing any data or\ninformation necessary for the department to post a compensation\nstatement for the service provider in accordance with subdivision three\nof section one hundred eleven-a of the public service law.\n  * (jj) As deemed feasible and advisable by the trustees, to enter into\ncontracts with the power authority of the state of New York for the\nprovision of bill credits generated by the production of renewable\nenergy by a renewable energy system developed, constructed, owned, or\ncontracted for by the power authority of the state of New York under the\nrenewable energy access and community help program established pursuant\nto subdivision twenty-seven-b of section one thousand five of this\narticle and, unless such end-use electricity consumers opt out, to\nprovide such bill credits to low-income or moderate-income end-use\nelectricity consumers in disadvantaged communities, including such\nend-use electricity customers who have or who reside in buildings that\nhave on-site net-metered generation or who participate in a community\nchoice aggregation or community distributed generation project.\n  * NB There are 2 sb (jj)'s\n  * (jj) The authority and its service provider shall permit a\nresidential customer to designate a third party to receive notice of the\ntotal amount due or past due on all bills, the amounts of any payments\npaid by or on behalf of such residential customer, and copies of all\nnotices relating to termination of service and notices relating to\ncollection of amounts due sent to such residential customer, provided\nthat the designated third party indicates in writing a willingness to\nreceive such notices, and provided further, where a residential customer\nopts for third-party notifications, such residential customer may opt to\ncontinue to receive such notices.\n  * NB There are 2 sb (jj)'s\n  (kk) The authority and its service provider shall permit a landlord,\nupon written request of both the landlord and tenant, to designate a\nthird party to be notified of all requests for discontinuance of service\nto units occupied by such tenant, provided that the designated third\nparty indicates in writing a willingness to receive such notices, and\nprovided further, where the tenant and landlord customers opt for\nthird-party notifications, such tenant and landlord customers may opt to\ncontinue to receive such notices.\n  * NB There are 2 § 1020-f's\n
N.Y. PBH Law § 1300-B — New York Code / Act PBH / Article 13 / Title 1 / Section 1300-B
Throwing gas tar or refuse into public waters
Status: in_force

§ 1300-b. Throwing gas tar or refuse into public waters.  A person,\nwho throws or deposits gas tar, or the refuse of a gas house or gas\nfactory, or offal, refuse, or any other noxious, offensive, or poisonous\nsubstance into any public waters, or into any sewer or stream running or\nentering into such public waters, is guilty of a misdemeanor.\n