N.Y. PBA Law § 1219-A — New York Code / Act PBA / Article 5 / Title 9 / Section 1219-A
Transfer and receipt of surplus funds
Status: in_force

§ 1219-a. Transfer and receipt of surplus funds. 1. Notwithstanding\nany provision of this title or any other provision of law, general,\nspecial or local, the authority may from time to time transfer and pay\nover to metropolitan transportation authority or triborough bridge and\ntunnel authority all or any part of its surplus funds; and may accept\nand use any moneys transferred and paid over to it by metropolitan\ntransportation authority or triborough bridge and tunnel authority.\n  2. Notwithstanding the provisions of the preceding subdivision of this\nsection:\n  (a) If the city shall have provided in its capital budget for its\nfiscal year beginning July first, nineteen hundred sixty-eight the\namount of one hundred million dollars, or such lesser amount as shall\nhave been requested by the authority for inclusion in such budget, for\nthe payment of the capital cost of projects requested by the authority\npursuant to section twelve hundred three of this title, then upon the\nwritten request of the mayor made within thirty days after the\ncommencement of such fiscal year, triborough bridge and tunnel authority\nshall transfer to the authority, by lump sum payment or installments at\nsuch time or times and in such amounts as the mayor shall elect, all or\nsuch part of the surplus funds of triborough bridge and tunnel authority\non hand as of the last day of its last fiscal year ending prior to such\nrequest as the mayor shall specify, which funds shall be applied by the\nauthority solely to the payment of its expenses of operation. If the\ncity shall have provided in its capital budget for any of its next four\nfiscal years, commencing with the fiscal year beginning July first,\nnineteen hundred sixty-nine, the amount of one hundred million dollars,\nor such lesser amount as shall have been requested by the authority for\ninclusion in such budget, for the payment of the capital cost of\nprojects requested by the authority pursuant to section twelve hundred\nthree of this title, then upon the written request of the mayor made\nwithin thirty days after the commencement of such fiscal year,\ntriborough bridge and tunnel authority shall transfer to the authority\nsolely for application to the payment of expenses of operation of the\nauthority the operating surplus of triborough bridge and tunnel\nauthority for its last fiscal year ending prior to such request, which\ntransfer shall also be by lump sum payment or installments at such time\nor times and in such amounts as the mayor shall elect. Projects shall be\neligible for inclusion in a computation made hereunder only if included\nin a capital budget on the first day of the fiscal year for which it is\nadopted. A carry-over project shall not be eligible for inclusion unless\nit was first included in a capital budget by way of an amendment\nthereto, in which event it shall be eligible for inclusion in a\ncomputation made hereunder with respect to the first fiscal year of the\ncity commencing after the adoption of the amendment.\n  (b) Promptly upon the making of the certification of its operating\nsurplus, if any, for its fiscal year ending December thirty-first,\nnineteen hundred seventy-two and for each of its subsequent fiscal\nyears, triborough bridge and tunnel authority, at the direction of\nmetropolitan transportation authority, shall transfer such operating\nsurplus (1) to the metropolitan transportation authority for deposit\ninto one or more funds or accounts to be used as contemplated by section\ntwelve hundred seventy-d of this article, or (2) to the authority and\nthe metropolitan transportation authority solely for application to the\npayment of the expenses of operation. For purposes of determining the\nproportional allocation of the operating surplus as between the\nauthority and the metropolitan transportation authority, the following\nformula shall apply: (i) twenty-four million dollars plus fifty\npercentum of the balance of such operating surplus shall be allocable to\nthe authority, and (ii) the remainder shall be allocable to metropolitan\ntransportation authority on behalf of the commuter railroads operated by\nit, by its subsidiary corporations or by others under joint\narrangements.\n  (c) Triborough bridge and tunnel authority is authorized, at the\ndirection of the metropolitan transportation authority, from time to\ntime to make advances from available funds on account of the operating\nsurplus it anticipates will or may be certified and transferred as\nprovided in this subdivision to (1) the metropolitan transportation\nauthority for deposit into one or more funds or accounts to be used as\ncontemplated by section twelve hundred seventy-d of this article, or (2)\nthe authority and the metropolitan transportation authority solely for\napplication to the payment of the expenses of operation. In the event\nthat advances so made in respect of any fiscal year including the year\nin which the surpluses are being earned exceed the amounts required to\nbe transferred to the authority and metropolitan transportation\nauthority pursuant to the provisions of this subdivision, then the\namount of any such excess shall be refunded to triborough bridge and\ntunnel authority by the authority or metropolitan transportation\nauthority, as the case may be, within thirty days of the making by\ntriborough bridge and tunnel authority of its certification of operating\nsurplus for such fiscal year.\n  (d) For the purposes of this subdivision, the existence and the amount\nof surplus funds and operating surplus of triborough bridge and tunnel\nauthority shall be determined in accordance with the provisions of\nsubdivision twelve of section five hundred fifty-three of this chapter.\n  (e) Triborough bridge and tunnel authority shall certify to the mayor\nand to the chairman of metropolitan transportation authority within\nninety days after the end of its fiscal year ending December\nthirty-first, nineteen hundred sixty-seven, and within forty-five days\nafter the end of each of its subsequent fiscal years, the amount of its\noperating surplus for that year and, in the case of the fiscal year\nending December thirty-first, nineteen hundred sixty-seven, the amount\nof all of its surplus funds on hand as of the last day of such fiscal\nyear.\n  (f) No transfer of funds shall be made to the authority pursuant to\nany provision of this section at any time when there shall have been\npending and not acted upon by the mayor for ninety days any request of\nthe authority for permission to expend or contract to expend funds for a\nproject included in a capital budget for transit facility purposes.\nThere shall be excluded from such ninety-day period any time during\nwhich the mayor is prevented from acting by order of court or by\noperation of law.\n  3. Notwithstanding the preceding subdivisions of this section, for\npurposes of determining the proportional allocation of the operating\nsurplus of the Triborough bridge and tunnel authority between the\nauthority and the metropolitan transportation authority the following\nformula shall be used: An amount equal to the debt service incurred in\nsuch year as a result of the bonds issued to provide facilities pursuant\nto paragraphs (m), (n), (o), (p) and (r) of subdivision nine of section\nfive hundred fifty-three of this chapter shall be added to the operating\nsurplus of the Triborough bridge and tunnel authority, as certified by\nthat authority. The sum of these figures shall then be allocated to the\nauthority and the commuter railroads operated by metropolitan\ntransportation authority or by its subsidiary corporations, pursuant to\nthe formula contained in paragraph (b) of subdivision two of this\nsection as if this amount were the operating surplus of the Triborough\nbridge and tunnel authority. The amounts so allocated to the authority\nand the commuter railroads operated by metropolitan transportation\nauthority or by its subsidiary corporations, shall then be reduced\nrespectively by the proportional amount of the debt service, incurred in\nsuch year by the Triborough bridge and tunnel authority pursuant to\nparagraphs (m), (n), (o), (p) and (r) of subdivision nine of section\nfive hundred fifty-three of this chapter, reasonably attributable to the\npayments for transit projects undertaken for the authority and its\nsubsidiaries and transportation facility projects undertaken for the\ncommuter railroads operated by the metropolitan transportation authority\nor by its subsidiary corporations. The remaining amounts shall\nconstitute the respective allocation of operating surplus for the\nauthority and the commuter railroads operated by the metropolitan\ntransportation authority or by its subsidiary corporations.\n
N.Y. GOB Law § 5-905 — New York Code / Act GOB / Article 5 / Title 9 / Section 5-905
Certain provisions of leases to be inoperative unless express notice thereof is given to tenant
Status: in_force

§ 5-905. Certain provisions of leases to be inoperative unless express\nnotice thereof is given to tenant. No provision of a lease of any real\nproperty or premises which states that the term thereof shall be deemed\nrenewed for a specified additional period of time unless the tenant\ngives notice to the lessor of his intention to quit the premises at the\nexpiration of such term shall be operative unless the lessor, at least\nfifteen days and not more than thirty days previous to the time\nspecified for the furnishing of such notice to him, shall give to the\ntenant written notice, served personally or by registered or certified\nmail, calling the attention of the tenant to the existence of such\nprovision in the lease.\n
N.Y. ENV Law § 21-0915 — New York Code / Act ENV / Article 21 / Title 9 / Section 21-0915
Termination
Status: in_force

§ 21-0915. Termination.\n  In accordance with article eight of the compact, termination of the\nparticipation of this state in such compact shall be evidenced by repeal\nof this title. Notice of intention to withdraw from the compact shall be\nexecuted and transmitted by the Governor.\n
N.Y. PBA Law § 1867-A — New York Code / Act PBA / Article 8 / Title 9 / Section 1867-A
Federal insurance or guaranty; taxable bond option
Status: in_force

§ 1867-a. Federal insurance or guaranty; taxable bond option. (a) The\nauthority is authorized to obtain from any department or agency of the\nUnited States of America or non-governmental insurer any insurance or\nguaranty, to the extent now or hereafter available, as to, or of, or for\nthe payment or repayment of interest or principal, or both, or any part\nthereof, on any bonds or notes issued by the authority, or on any\nmunicipal obligations of governmental units or cooperatives purchased or\nheld by the authority; and to enter into any agreement or contract with\nrespect to any such insurance or guaranty, except to the extent that the\nsame would in any way impair or interfere with the ability of the\nauthority to perform and fulfill the terms of any agreement made with\nthe holders of the bonds or notes of the authority.\n  (b) The authority may covenant and consent that the interest on\ncertain of its bonds shall be includible, under the Internal Revenue\nCode of 1954 or any subsequent corresponding internal revenue law of the\nUnited States, in the gross income of the holders of the bonds to the\nsame extent and in the same manner that the interest on bills, bonds,\nnotes or other obligations of the United States is includible in the\ngross income of the holders thereof under said Internal Revenue Code or\nany such subsequent law.\n
N.Y. ENV Law § 21-0917 — New York Code / Act ENV / Article 21 / Title 9 / Section 21-0917
The Great Lakes Basin advisory council
Status: in_force

§ 21-0917. The Great Lakes Basin advisory council.\n  1. As used in this section:\n  a. "Great Lakes Basin" means the watershed of the Great Lakes and the\nSt. Lawrence River, upstream from Trois Rivieres, Quebec, consisting in\nNew York State of the Lake Erie, Niagara River, Lake Ontario minor\ntributaries, Genesee River, Seneca-Oneida Oswego River, Black River, St.\nLawrence River, and Lake Champlain drainage basins.\n  b. "Great Lakes region" means the geographic region composed of the\nstates of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and\nWisconsin, the commonwealth of Pennsylvania, and the provinces of\nOntario and Quebec, Canada.\n  2. There is hereby established within the department the Great Lakes\nBasin advisory council (hereinafter referred to as the "council")\nconsisting of nineteen members to advise the governor and the\ncommissioner on matters relating to the state's role in regional,\nfederal, and international activities aimed at the protection of the\nquality and quantity of water in the Great Lakes, domestic, municipal,\nindustrial and agricultural water supplies, navigation, hydroelectric\npower and energy production, recreation, fish and wildlife habitat, and\na balanced ecosystem which are all vital to the future environmental,\nsocial, and economic health of New York State and the other states and\nprovinces comprising the Great Lakes region.\n  a. The council shall:\n  (i) advise the commissioner and the governor on the implementation and\nany modifications to any comprehensive long-term Great Lakes management\nplan developed by the department;\n  (ii) advise the state's members on the board of directors of the Great\nLakes protection fund;\n  (iii) annually identify specific research or program needs for funding\nfrom the New York Great Lakes protection fund, after consultation with\nthe Great Lakes protection fund, other Great Lakes states and other\nconcerned parties. Such annual program, with as much detail on the scope\nand expectations of each project as is practical, shall be submitted to\nthe commissioner, who shall select specific projects from the program,\nrecommended by the council and shall submit such projects to the\ndepartment for implementation; and\n  (iv) evaluate and report to the governor and the legislature on the\nprojects funded by the New York Great Lakes protection fund.\n  b. The governor shall appoint nine members with one representing an\ninstitution that performs research on the issues and the problems of the\nGreat Lakes, one representing a labor union whose members derive their\nlivelihood from the Great Lakes, three representing environmental or\nconservation organizations with interests in the Great Lakes Basin, two\nrepresenting business organizations whose commercial interest lies in\nactivities in or around Lake Ontario, Lake Erie and/or the St.  Lawrence\nRiver, one representing a municipality adjacent to Lake Erie, Lake\nOntario or the St. Lawrence River, and one representing a county having\na population of two hundred and fifty thousand people or less adjacent\nto Lake Erie, Lake Ontario or the St. Lawrence River. The temporary\npresident of the Senate and the speaker of the Assembly shall each\nappoint two members who have a demonstrated knowledge in Great Lakes\nissues. The commissioner, the commissioners of the departments of state,\nhealth, transportation, economic development and the chairman of the\npower authority of the state of New York or their designated\nrepresentative shall be ex-officio members. The appointed members of the\ncouncil shall serve terms of three years; provided, however, that of the\nmembers first appointed by the governor, three shall be appointed for a\nterm of three years, three shall be appointed for a term of two years\nand three shall be appointed for a term of one year.  An appointment to\nfill a vacancy shall be made for the remainder of the affected term in\nthe same manner as the original appointment was made.  Such appointment\nshall be made within sixty days of the date the position becomes vacant.\nMembers shall serve until their successor has been appointed. The\ngovernor shall designate the chairperson.\n  3. The advisory council shall meet at a minimum of two times annually.\n  4. Advisory council members shall receive no compensation for their\nservices, but shall be reimbursed for their actual and necessary\nexpenses incurred during the performance of their duties.\n  5. The council shall submit a report prior to January first beginning\nin nineteen hundred ninety and annually thereafter to the governor, the\nspeaker of the Assembly, the temporary president of the Senate and the\nchairmen of the Senate and Assembly committees on environmental\nconservation. Such report should include an evaluation of the problems\nand conditions of the Great Lakes and recommendations for departmental\nor legislative solutions.\n
N.Y. PBA Law § 353 — New York Code / Act PBA / Article 2 / Title 9 / Section 353
Purposes of the authority and benefits therefrom
Status: in_force

§ 353. Purposes of the authority and benefits therefrom.  The\nauthority is created to and shall have power to finance, construct,\nreconstruct, improve, develop, maintain or operate a thruway system as\nprovided by and subject to the provisions of this title together with\nfacilities for the public incidental thereto. It is hereby found and\ndeclared that such purposes are in all respects for the benefit of the\npeople of the state of New York for the increase of their pleasure,\nconvenience and welfare, for the improvement of their health, to\nfacilitate transportation for their recreation and commerce and for the\ncommon defense; and the authority shall be regarded as performing a\ngovernmental function in carrying out its corporate purpose and in\nexercising the powers granted by this title.\n
N.Y. SOS Law § 336 — New York Code / Act SOS / Article 5 / Title 9-B / Section 336
Work activities
Status: in_force

§ 336. Work activities. 1. Social services districts may provide, and\nrequire applicants for and recipients of public assistance to\nparticipate in a variety of activities, including but not limited to the\nfollowing:\n  (a) unsubsidized employment;\n  (b) subsidized private sector employment;\n  (c) subsidized public sector employment;\n  (d) work experience in the public sector or non-profit sector,\n(including work associated with refurbishing publicly assisted housing)\nif sufficient private sector employment is not available;\n  (e) On-the-job training;\n  (f) job search and job readiness assistance, which shall include\nactivities with the goal of seeking or obtaining employment, or\npreparation to seek or obtain employment, including life-skills\ntraining, which shall include but not be limited to home visiting\nservices to the recipient and their family, and provided further that\njob search is an active and continuing effort to secure employment\nconfigured by the local social services official; and such social\nservices district may work in cooperation with the department of labor\nto provide workforce guidance and information in accordance with section\nten-c of the labor law;\n  (g) community service programs provided, however, the number of hours\na participant in community service activities authorized pursuant to\nthis section shall be required to work in such assignment shall not\nexceed a number which equals the amount of assistance payable with\nrespect to such individual (inclusive of the value of food stamps\nreceived by such individual, if any) divided by the higher of (a) the\nfederal minimum wage, or (b) the state minimum wage. No participant\nshall in any case be required to engage in assigned activities for more\nthan forty hours in any week. No participant shall be assigned to a\ncommunity service activity that conflicts with his or her bona fide\nreligious beliefs;\n  (h) vocational educational training as time limited by federal law.\nFor the purposes of this title, "vocational educational training" shall\ninclude but not be limited to organized educational programs offering a\nsequence of courses which are directly related to the preparation of\nindividuals for current or emerging occupations including programs that\nrequire up to four years of post-secondary education. Such programs\nshall include competency-based applied learning which contributes to an\nindividual's academic knowledge, higher-order reasoning, and\nproblem-solving skills, work attitudes, general employability skills,\nand the occupational-specific skills necessary for economic\nindependence. Such term also includes applied technology education;\n  (i) job skills training directly related to employment. Job skills\ntraining directly related to employment may include but not be limited\nto participation in up to four years of post-secondary education to the\nextent consistent with federal and state requirements;\n  (j) education directly related to employment, in the case of a\nrecipient who has not yet received a high school diploma or a\ncertificate of high school equivalency;\n  (k) satisfactory attendance at secondary school or a course of study\nleading to a certificate of general equivalency in the case of a\nrecipient who has not completed secondary school or received such\ncertificate;\n  (l) provision of child care services to an individual who is\nparticipating in community service;\n  (m) job search and job readiness assistance, as defined in paragraph\n(f) of this subdivision, once the individual has exceeded the six week\nlimit set in federal law;\n  (n) educational activities pursuant to section three hundred\nthirty-six-a of this title.\n  2. No participant shall be required to provide child care services as\na work activity described in this section unless the participant\nexpressly requests in writing to provide such services.\n  3. Social services districts may enter into agreements with public and\nprivate employment agencies to assist recipients of public assistance to\nfind jobs.\n  4. No participant shall in any case be required to engage in assigned\nactivities for more than forty hours in any week.\n  5. In no event shall the programs and activities enumerated in this\ntitle be deemed the sole activities that a social services district may\nprovide and require applicants for and recipients of public assistance\nto engage in. Any program or activity that meets the goals of this title\nand is consistent with the requirements of the labor law and this\nchapter shall be allowed.\n  6. Any social services district that establishes and provides a\nprogram or activity not herein enumerated shall set forth the\nrequirements and structure of such program or activity in its local plan\npursuant to the provisions of section three hundred thirty-three of this\ntitle.\n  7. In accordance with the provisions of paragraph (h) of subdivision\ntwo of section four hundred fifty-four of the family court act or as\notherwise required by the court, the court may assign to work activities\nthe non-custodial parents of children receiving public assistance and\nrequire a report to such court of any failure of said parent to comply\nwith the requirements of such program.\n  8. The hours of participation in federal work study programs completed\npursuant to section three hundred thirty-five-b of this title shall be\nincluded as a work activity within the definition of unsubsidized\nemployment, subsidized private sector employment or subsidized public\nsector employment pursuant to paragraphs (a), (b) and (c) of subdivision\none of this section, and the hours of participation in internships,\nexternships and other work placements completed pursuant to section\nthree hundred thirty-five-b of this title shall be included as a work\nactivity within the definition of on-the-job training pursuant to\nparagraph (e) of subdivision one of this section.\n
N.Y. PBA Law § 1854-A — New York Code / Act PBA / Article 8 / Title 9 / Section 1854-A
Nuclear waste repository siting
Status: in_force

§ 1854-a. Nuclear waste repository siting. 1. As used or referred to\nin this title: a. "Repository for the terminal storage of nuclear waste"\nshall mean a facility where nuclear waste is disposed of in such a way\nas to be permanently isolated from the environment for the period of\ntime that is necessary for such wastes to become harmless, even if such\nfacility contains a means for retrieving such wastes. This term shall\ninclude deep geological formations and any other disposal technology\nauthorized by the National Waste Terminal Storage Program, but shall not\ninclude existing nuclear waste facilities at the Western New York\nNuclear Services Center.\n  b. "Nuclear waste" shall mean high level liquid radioactive wastes,\nsolid high level radioactive wastes, spent nuclear fuel elements, and\nwastes bearing quantities of transuranic elements which are not\nauthorized for burial in shallow land burial areas pursuant to\nregulation or license by the United States Nuclear Regulatory Commission\nor the state of New York pursuant to agreement with the United States\nNuclear Regulatory Commission.\n  2. No repository for the terminal storage of nuclear waste as defined\nin this section shall be sited, constructed, or operated within the\nstate, unless the legislature and the governor of the state shall be\nconsulted and shall concur by statute in the establishment of such\nrepository.\n  3. Prior to approval by the legislature the authority shall, upon the\nrequest of the governor, review any proposal for a repository for the\nterminal storage of nuclear waste and, in order to assist the governor\nand the legislature in their determinations of need and safety, the\nauthority shall:\n  a. Conduct or cause to be conducted a complete study on all issues\ninvolved in the establishment of a repository for the terminal storage\nof nuclear waste, including but not limited to, all long and short term\nhealth and safety aspects, the reliability of long-term isolation, the\nrelationship between federal and state responsibility, and the potential\nstate fiscal responsibility both one time and recurring.\n  b. Solicit and evaluate reports and recommendations from the state\nenergy office, department of environmental conservation, department of\npublic service, department of transportation, department of commerce,\ndepartment of health and any other state agencies that are deemed\nappropriate.\n  c. Prepare and submit to the legislature an environmental impact\nstatement pursuant to article eight of the environmental conservation\nlaw.\n  d. Determine whether the proposed technology and proposed site can be\nutilized for the safe and permanent disposal of nuclear waste and will\nnot result in a significant environmental hazard or other threat to the\npublic health, safety or welfare.\n  e. Conduct public hearings in various parts of the state in such a way\nas to insure the widest possible input from residents of the state\nincluding but not limited to residents who live in close proximity to a\nproposed site or sites.\n  f. Prepare a detailed estimate of the anticipated costs to construct\nand operate such a repository for the terminal storage of nuclear waste,\nthe extent to which such costs will be borne by the state and the time\nperiod of probable continued costs.\n
N.Y. SOS Law § 334 — New York Code / Act SOS / Article 5 / Title 9-B / Section 334
Orientation
Status: in_force

§ 334. Orientation.  1. In accordance with department regulations, a\nsocial services district shall, at the time of application or\nredetermination, in writing and orally inform all public assistance\napplicants and recipients of the availability of activities and\nsupportive services provided under this title for which they are\neligible and of district or participant responsibilities, including:\n  (a) education, employment and training opportunities available under\nthe local plan, including educational and training opportunities\navailable at no cost to the participant as well as the responsibilities\nassociated with the repayment of student financial aid;\n  (b) supportive services as prescribed by section three hundred\nthirty-two-a of this title;  child care pursuant to section four hundred\nten-u of this chapter for persons whose eligibility for assistance has\nterminated; and applicable medical assistance;\n  (c) the obligations of the district regarding the activities and\nsupportive services to be provided;\n  (d) the rights, responsibilities and obligations of the participant in\nthe program including, but not limited to, participation and the\nconsequences of failure to participate in work activities without good\ncause;\n  (e)(1) the types and settings of child care services which may be\nreasonably accessible to participants and how such services shall be\nprovided and financed;\n  (2) the assistance available to help participants select appropriate\nchild care services; and\n  (3) the assistance available upon request to help participants obtain\nchild care services.\n  2. A local social services official shall inform applicants for and\nrecipients of public assistance of their responsibility to cooperate in\nestablishing paternity and enforcing child support obligations.\n  3. Consistent with federal and state law and regulations, a local\nsocial services official shall, within one month of the recipient's\nparticipation in orientation, notify the recipient in writing of the\nopportunity to participate in the district's programs established under\nthis title and provide a clear description of how to enter the programs.\n
N.Y. ENV Law § 52-0911 — New York Code / Act ENV / Article 52 / Title 9 / Section 52-0911
Compliance with the law
Status: in_force

§ 52-0911. Compliance with the law.\n  Every applicant for funds to be made available pursuant to this title\nshall comply with all applicable state, federal and local laws.\n
N.Y. LFN Law § 124.00 — New York Code / Act LFN / Article 2 / Title 9 / Section 124.00
Bonds for pensions; ascertainment of amount thereof to be excluded
Status: in_force

§ 124.00 Bonds for pensions; ascertainment of amount thereof to be\nexcluded. a. As used in this section, the term "accrued liabilities"\nshall mean the liabilities of a pension or retirement system or fund\naccrued, both on account of pensioners on the pension roll and\nprospective pensions to dependents of such pensioners and on account of\nprior service of active members of such system or fund, on the date of\nissuance of bonds to place such system or fund on a solvent basis.\n  b. In ascertaining the power to contract indebtedness of a\nmunicipality which maintains a pension or retirement system or fund on a\nsolvent basis, there may be excluded outstanding serial bonds issued\nsubsequent to January first, nineteen hundred thirty-nine, by such\nmunicipality to place such pension or retirement system or fund on a\nsolvent basis.\n  c. 1. In relation to bonds to be issued subsequent to the effective\ndate of this chapter, to place a pension or retirement system or fund of\na municipality on a solvent basis, prior to the issuance of such bonds,\nthe finance board of such municipality shall submit a request to the\nsuperintendent of financial services to ascertain the amount of such\nbonds which may be issued for such purpose. Such request shall indicate\nwhether the municipality proposes to deposit in such system or fund such\nbonds or the proceeds of such bonds. Such request shall be in such form\nand shall contain such additional information as shall be prescribed by\nthe superintendent of financial services.\n  2. Upon the receipt of such request, the superintendent of financial\nservices forthwith shall review the facts set forth therein. He shall\nhave the power to examine the accounts and records of such system or\nfund and of the municipality with respect thereto. He may also require\nthe chief fiscal officer and other public officers, boards and agencies\nto furnish such additional data and information as he deems necessary to\nenable him to make his determination.\n  3. The superintendent of financial services shall thereupon issue to\nsuch municipality a certificate setting forth the amount of bonds which\nmay be issued, which shall not exceed, in the aggregate, an amount\nsufficient to provide for the payment of the accrued liabilities of such\nsystem or fund. If the bonds are to be deposited in such system or fund,\nsuch certificate shall also set forth the interest rate or rates on such\nbonds and the maturities thereof necessary to provide for the payment of\nsuch accrued liabilities.\n  4. Upon the issuance of such bonds, such bonds or the proceeds\nthereof, in accordance with the statement in the request, shall be\ndeposited in such system or fund. Such system or fund shall thereafter\nbe maintained on a solvent basis.\n  d. Any time after there have been deposited in a pension or retirement\nsystem or fund, bonds issued subsequent to January first, nineteen\nhundred thirty-nine, to place such system or fund on a solvent basis, or\nthe proceeds of such bonds, the chief fiscal officer of the municipality\nissuing such bonds, if he is of the opinion that such fund or system is\nsolvent may, in his discretion, file a financial statement of such fund\nor system with the superintendent of financial services for the purpose\nof obtaining the exclusion referred to in paragraph b of this section.\nSuch statement shall be in such form and shall contain such information\nas shall be prescribed by the superintendent of financial services to\nenable him to determine whether or not such fund or system is solvent.\nSuch statement shall be verified by the chief fiscal officer of the\nmunicipality.\n  e. Upon the receipt of such a financial statement, the superintendent\nof financial services forthwith shall review the facts set forth\ntherein.  He shall have the power to examine the accounts and records of\nsuch system or fund and of the municipality with respect thereto. He may\nalso require the chief fiscal officer and other public officers, boards\nand agencies to furnish such additional data and information as he deems\nnecessary to enable him to make his determination.\n  f. The superintendent of financial services shall issue a written\ncertificate setting forth his determination as to whether or not such\nbonds may be excluded. If the exclusion is allowed by the superintendent\nof financial services, such certificate shall also state the amount of\nbonds to be excluded and shall constitute the authorization for the\nexclusion of such bonds in ascertaining the power of such municipality\nto contract indebtedness. Such certificate shall be effective for a\nperiod of one year from the date thereof. If the superintendent of\nfinancial services disallows the claim of the municipality for the\nexclusion, he shall set forth the reasons for such disallowance. The\ndetermination of the superintendent of financial services shall be\nconclusive.\n  g. Certificates issued by the superintendent of financial services\npursuant to this section shall be executed under his hand and seal in\ntriplicate. One of such triplicates shall be filed in the department of\nfinancial services, one in the department of audit and control and one\nin the office of the chief fiscal officer of the municipality. All such\ntriplicates shall be public records.\n
N.Y. PBA Law § 730 — New York Code / Act PBA / Article 3 / Title 9 / Section 730
Unfinished business; pending actions and proceedings
Status: in_force

§ 730. Unfinished business; pending actions and proceedings. Any\nbusiness or matter heretofore undertaken or commenced by or before the\nOgdensburg bridge authority or the Ogdensburg port authority, or any\naction or proceeding brought by or against either of such authorities\npertaining to or connected with the jurisdiction, functions, powers and\nduties hereby continued in, transferred and assigned to, or devolved\nupon, the Ogdensburg bridge and port authority, may be conducted,\ncompleted, prosecuted and defended by and in the name of the Ogdensburg\nbridge and port authority. In all such actions and proceedings, the\nOgdensburg bridge and port authority, upon application to the court, may\nbe substituted as a party.\n
N.Y. EDN Law § 9001 — New York Code / Act EDN / Title 9 / Article 170 / Section 9001
Laws repealed
Status: in_force

§ 9001. Laws repealed.  Of the laws enumerated in the schedule hereto\nannexed, that portion specified in the last column is hereby repealed.\n
N.Y. VAT Law § 1804 — New York Code / Act VAT / Title 9 / Article 45 / Section 1804
Prohibition of imposition and collection of a fine, penalty, forfeiture, fee or surcharge
Status: in_force

§ 1804. Prohibition of imposition and collection of a fine, penalty,\nforfeiture, fee or surcharge. A municipality may only impose a fine,\npenalty, forfeiture, or any other fee or surcharge against a person\ncharged with a violation of this chapter or any local law, ordinance,\norder, rule, regulation or administrative code adopted pursuant to this\nchapter if such person is convicted of or found liable for a violation\nof this chapter or any local law, ordinance, order, rule, regulation or\nadministrative code adopted pursuant to this chapter in satisfaction of\nsuch charge.\n
N.Y. PBA Law § 1911 — New York Code / Act PBA / Article 8 / Title 9-C / Section 1911
Definitions
Status: in_force

* § 1911. Definitions. As used in this title, the following terms\nshall have the following meanings:\n  1. "Authority" shall have the same meaning as in subdivision two of\nsection eighteen hundred fifty-one of this article.\n  2. "Departments" shall mean the department of environmental\nconservation, the department of agriculture and markets, the department\nof economic development, and the department of public service.\n  3. "Disadvantaged communities" shall have the same meaning as defined\nin subdivision five of section 75-0101 of the environmental conservation\nlaw.\n  4. "Renewable energy" shall have the same meaning as defined in\nsection sixty-six-p of the public service law.\n  5. "Renewable energy technology" shall mean all methods used to\ngenerate, distribute, store, and support the use of renewable energy\nsystems.\n  * NB Repealed December 31, 2031\n
N.Y. PBA Law § 1891 — New York Code / Act PBA / Article 8 / Title 9-A / Section 1891
Definitions
Status: in_force

§ 1891. Definitions. As used in this section, the following terms\nshall have the following meanings:\n  1. "Applicant" means a person who owns, leases or manages a structure\nand who has the authority to contract for the provision of qualified\nenergy efficiency services to such structure.\n  2. "Authority" shall have the same meaning as in subdivision two of\nsection eighteen hundred fifty-one of this article.\n  3. "Constituency-based organization" means an organization\nincorporated for the purpose of providing services or other assistance\nto economically or socially disadvantaged persons within a specified\ncommunity, and which is supported by, or whose actions are directed by,\nmembers of the community in which it operates.\n  4. "Distribution utility" means any gas or electric corporation\nproviding gas or electricity to end use consumers that is a public\nutility company, including a municipality, or a public utility authority\norganized pursuant to article five of this chapter.\n  5. "Eligible project" means qualified energy efficiency services for a\nnon-residential structure, a residential structure or a multi-family\nstructure. An eligible project shall not be considered (a) a major\ncapital improvement pursuant to subparagraph (g) of paragraph one of\nsubdivision g of section 26-405 of the administrative code of the city\nof New York, subparagraph (k) of paragraph one of subdivision g of\nsection 26-405 of the administrative code of the city of New York,\nparagraph six of subdivision c of section 26-511 of the administrative\ncode of the city of New York, paragraph three of subdivision d of\nsection six of section four of chapter five hundred seventy-six of the\nlaws of nineteen hundred seventy-four, and the second undesignated\nparagraph of paragraph (a) of subdivision four of section four of\nchapter two hundred seventy-four of the laws of nineteen hundred\nforty-six; or (b) an individual apartment improvement pursuant to\nsubparagraph (e) of paragraph one of subdivision g of section 26-405 of\nthe administrative code of the city of New York, paragraph thirteen of\nsubdivision c of section 26-511 of the administrative code of the city\nof New York, paragraph one of subdivision d of section six of section\nfour of chapter five hundred seventy-six of the laws of nineteen hundred\nseventy-four, and clause five of the second undesignated paragraph of\nparagraph (a) of subdivision four of section four of chapter two hundred\nseventy-four of the laws of nineteen hundred forty-six.\n  6. "Energy audit" means a formal evaluation of a building's energy\nconsumption for the purpose of identifying methods to improve energy\nefficiency and conserve energy, including associated health and safety\nissues, conducted pursuant to standards established by the authority.\n  7. "Green jobs-green New York revolving loan fund" or "revolving loan\nfund" means the green jobs-green New York revolving loan fund created by\nsubdivision one of section eighteen hundred ninety-six of this title.\n  8. "Multi-family structure" means a multi-unit residential building\nwith five or more dwelling units.\n  9. "Non-residential structure" means a building that is used or\noccupied by a small business or a not-for-profit corporation.\n  10. "Not-for-profit corporation" means a corporation defined in\nsubdivision five of paragraph (a) of section one hundred two of the\nnot-for-profit corporation law.\n  11. "Program" means the green jobs-green New York energy conservation\nand community sustainability program created by this title.\n  12. "Qualified energy efficiency services" means a modification to a\nstructure, based on recommendations contained in an energy audit\nperformed under the program created under section eighteen hundred\nninety-two of this title or as otherwise approved by the authority,\nwhich is consistent with standards established by the authority, that\nwill increase the energy efficiency and conservation of an existing\nstructure, including but not limited to:\n  (a) application of weatherstripping, caulking, sealant and other\nmaterials around doors, windows, and other areas of a building for the\npurpose of insulating or sealing openings in the building envelope and\nwithin the building to mitigate energy loss;\n  (b) testing, repairing and replacing heating or cooling systems or\ncomponents of such systems;\n  (c) thermostat upgrades;\n  (d) water heater repair and replacement;\n  (e) roof, chimney, fireplace and roof vent repair, insofar as such\nrepairs are determined by an energy audit to be necessary to mitigate\nenergy loss or resolve energy-system related health and safety issues;\n  (f) repair and replacement of storm windows, permanent windows and\nexterior doors;\n  (g) repair or replacement of major household appliances;\n  (h) installation of thermal solar heat or hot water systems;\n  (i) addition of insulation to exterior walls or ceilings;\n  (j) replacement of inefficient light bulbs and lighting fixtures and\nsystems;\n  (k) minor repairs that are necessary to ensure maximum efficiency from\nthe provision of qualified energy efficiency services;\n  (l) installation of carbon monoxide detectors and indoor environmental\ntesting and mitigation deemed necessary as a result of the provision of\nother qualified energy efficiency services;\n  (m) fuel switching to convert an electrically-heated building to a\nmore efficient heating source provided that significant energy\ncost-savings can be demonstrated pursuant to standards established by\nthe authority;\n  (n) installation of energy technologies eligible for net energy\nmetering pursuant to section sixty-six-j or sixty-six-l of the public\nservice law; and\n  (o) purchase and installation of geothermal energy systems.\n  13. "Residential structure" means a residential building that has four\nor fewer dwelling units.\n  14. "Small business" shall have the same meaning as in section one\nhundred thirty-one of the economic development law.\n  15. "Structure" means (a) a non-residential structure, (b) a\nresidential structure, and (c) a multi-family structure.\n
N.Y. ENV Law § 37-0917 — New York Code / Act ENV / Article 37 / Title 9 / Section 37-0917
Regulations
Status: in_force

§  37-0917. Regulations.\n  The department may adopt any rules and regulations it deems necessary\nto implement the provisions of this title.\n
N.Y. PBA Law § 359-A — New York Code / Act PBA / Article 2 / Title 9 / Section 359-A
Procurement contracts
Status: in_force

§ 359-a. Procurement contracts. For the purposes of section\ntwenty-eight hundred seventy-nine of this chapter as applied to the\nauthority, the term "procurement contract" shall mean any written\nagreement for the acquisition of goods or services of any kind by the\nauthority in the actual or estimated amount of fifteen thousand dollars\nor more.\n
N.Y. PBA Law § 1207-B — New York Code / Act PBA / Article 5 / Title 9 / Section 1207-B
Issuance of bonds and notes by the authority
Status: in_force

§ 1207-b. Issuance of bonds and notes by the authority. 1.\nNotwithstanding the provisions of sections twelve hundred through twelve\nhundred twenty-one, inclusive, of this title or of any other provisions\nof law to the contrary, but subject to the provisions of section twelve\nhundred seven-j of this title, the authority shall have the power and is\nhereby authorized to borrow money and to issue negotiable bonds and\nnotes therefor in conformity with applicable provisions of the uniform\ncommercial code in such principal amount as, in the opinion of the\nauthority, shall be necessary to provide funds sufficient to pay the\npurchase price of no more than seven hundred twenty-four cars for the\nrapid transit lines under the jurisdiction of the authority purchased\npursuant to section twelve hundred seven-a of this title, to pay\ninterest on the bonds and notes of the authority, to establish reserves\nto secure such bonds and notes, and to pay all other expenditures of the\nauthority incident to or incurred in connection with the purchase of\nsuch cars and the authorization, issuance and sale of said bonds and\nnotes. In no event shall there be outstanding at any one time more than\nninety-two million dollars ($92,000,000) in such bonds and notes.\n  1-a. The authority may also issue its bonds, notes or other\nobligations in such principal amounts as shall be necessary to finance\nthe construction, purchase, lease or acquisition of, or an equity\ninterest in, an office building located or to be constructed in the\nborough of Brooklyn in the city, provided that (i) all or a portion of\nsuch building is intended to be occupied by the authority and that the\nboard shall, by resolution, have made findings that the sum of the\ncapitalized value of all payments due from the authority under such\nbonds, notes or other obligations (not including any amounts\nattributable to principal repayment) together with any rent payments for\nthe space in such building to be occupied by the authority and of all\npayments required of the authority under any related agreement does not\nexceed the capitalized value of those payments which would be made in a\nconventional commercial lease transaction for comparable space with an\nunrelated party and (ii) not more than an insubstantial portion of any\nreal property so financed with the proceeds of bonds, notes, or other\nobligations is utilized by other than the New York city transit\nauthority or its designated subsidiary. The term "capitalized value" for\nthe purposes of this subdivision shall be computed in the manner set\nforth in subdivision four of section twelve hundred seven-m of this\ntitle. The metropolitan transportation authority is hereby additionally\nauthorized from time to time to issue bonds for the purposes of\nrefunding, redeeming or otherwise paying, including paying by purchase\nor tender, bonds issued by the authority for such purposes and to secure\nsuch bonds in the manner set forth in section twelve hundred sixty-nine\nof this article.\n  2. The authority shall have the power from time to time to renew notes\nor to issue renewal notes for such purpose, to issue bonds to pay notes,\nand whenever it deems refunding expedient, to refund bonds by the\nissuance of new bonds and to issue bonds partly to refund bonds and\nnotes then outstanding and partly for the purposes authorized by\nsubdivision one of this section. The refunding bonds may be exchanged\nfor bonds to be refunded, with such cash adjustments as may be agreed,\nor may be sold and the proceeds applied to the purchase or payment of\nthe bonds to be refunded. In no event shall the maturity date of the\nrefunding bonds be a date beyond thirty-five years from the date the\nfirst bond was issued.\n  3. Every issue of bonds and notes of the authority shall be special\nobligations of the authority payable solely from the moneys and revenues\nof the authority derived from the operation of the transit facilities\nunder its jurisdiction, subject to any agreement with the holders of\nparticular bonds or notes pledging any particular moneys or revenues.\n  4. The bonds and notes shall be authorized by resolution of the\nauthority and shall bear such date or dates and shall mature at such\ntime or times as such resolution or resolutions may provide, except that\nno note or any renewal thereof shall mature more than five years after\nthe date of issue of the original note and no bond shall mature more\nthan thirty-five years from the date of issue. Bonds and notes shall\nbear interest at such rate or rates, be in such denominations, be in\nsuch form, either coupon or registered, carry such registration\nprivileges, be executed in such manner, be payable in such medium of\npayment, at such place or places, and be subject to such terms of\nredemption and to such other terms and conditions as such resolution or\nresolutions may provide. The bonds and notes may be sold at public or\nprivate sale for such price or prices as the authority shall determine.\nPending preparation of definitive bonds, the authority may issue interim\nreceipts which shall be exchanged for such bonds.\n  5. Any resolution or resolutions authorizing any bonds or notes or any\nissue of bonds or notes may contain provisions, which shall be a part of\nthe contract with the holders of the bonds, or notes thereby authorized,\nas to\n  (a) pledging all or any part of the revenues or other monies of the\nauthority to secure the payment of the bonds or notes or of any issue of\nthe bonds or notes, subject to such agreements with bondholders or\nnoteholders as may then exist;\n  (b) the rate or rates of fare to be charged and the amounts to be\nraised in each year from revenues and the use and disposition of the\nrevenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the rights of the authority with respect to the use\nand disposition of the cars for which such bonds or notes are issued and\nwith respect to all other transit facilities of the authority;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds or notes then or thereafter to be issued may be applied\nand pledging such proceeds to secure the payment of the bonds or notes\nor of any issue of the bonds or notes;\n  (f) limitations on the issuance of additional bonds and notes; the\nterms upon which additional bonds and notes may be issued and secured,\nand the funding or refunding of outstanding or other bonds and notes;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders or noteholders may be amended or abrogated, the amount of\nbonds or notes the holders of which must consent thereto, and the manner\nin which such consent may be given;\n  (h) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine, which may include any or\nall of the rights, powers and duties of the trustee appointed by the\nbondholders or noteholders pursuant to section twelve hundred seven-h\nhereof, and limiting or abrogating the right of the bondholders to\nappoint a trustee under section twelve hundred seven-h hereof, or\nlimiting the rights, duties and powers of such trustee;\n  (i) defining the acts or omissions to act which shall constitute a\ndefault in the duties of the authority to the holders of its bonds and\nnotes and providing the rights and remedies of such holders in the event\nof default;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds and notes.\n  6. It is the intention hereof that any pledge of revenues or other\nmoneys made by the authority shall be valid and binding from the time\nwhen the pledge is made; that the revenues or other moneys so pledged\nand thereafter received by the authority shall immediately be subject to\nthe lien of such pledge without any physical delivery thereof or further\nact, and that the lien of any such pledge shall be valid and binding as\nagainst all parties having claims of any kind in tort, contract or\notherwise against the authority irrespective of whether such parties\nhave notice thereof. Neither the resolution nor any other instrument by\nwhich a pledge is created need be recorded.\n  7. Neither the members of the board nor any person executing the bonds\nor notes shall be liable personally on the bonds or notes or be subject\nto any personal liability or accountability by reason of the issuance\nthereof.\n  8. Subject to such agreements with bondholders or noteholders as may\nthen exist, the authority shall have power out of any funds available\ntherefor to purchase bonds or notes. The authority may hold, cancel or\nresell such bonds and notes, subject to and in accordance with\nagreements with bondholders and noteholders.\n
N.Y. PBA Law § 1867 — New York Code / Act PBA / Article 8 / Title 9 / Section 1867
Annual reports
Status: in_force

§ 1867. Annual reports. 1. For the purpose of furnishing the state\nwith systematic information regarding the status and the activities of\nthe authority, the authority shall submit to the governor, the chairman\nof the senate finance committee, the chairman of the assembly ways and\nmeans committee and the state comptroller, within ninety days after the\nend of its fiscal year, a complete and detailed report setting forth:\n(1) its operations and accomplishments; (2) its receipts and\ndisbursements, or revenues and expenses, during such fiscal year in\naccordance with the categories or classifications established by the\ncomptroller and including but not limited to a breakdown of operating\nexpenditures and revenues by facility, by maintenance and by personnel;\na breakdown of capital expenditures, including an analysis of all\nprojects begun, completed or in progress in that fiscal year; (3) an\nexplanation of depreciation, policies, reserve funds and investments;\n(4) its assets and liabilities at the end of such fiscal year including\nthe status of reserve, depreciation, special or other funds and\nincluding the receipts to and payments from these funds, and the status\nof funds received from federal and state governments; and (5) a schedule\nof its bonds and notes outstanding at the end of its fiscal year,\ntogether with a statement of the amounts redeemed and incurred during\nsuch fiscal year.\n  2. The authority, so long as it is not subject to the civil service\nlaw, shall within ninety days after the end of its fiscal year submit to\nthe governor, the chairman of the senate finance committee and the\nchairman of the assembly ways and means committee a report on its\npersonnel policies and practices with regard to recruitment, selection,\npromotion, classification, compensation, transfer, separation, employee\nrelations and services and equal opportunity programs.\n  3. The comptroller shall be charged with seeing that the reports\nmandated in subdivision one are filed on time and that they are\nsufficiently comprehensive. The comptroller shall report any\ndeficiencies to the governor and to the legislative chairmen named in\nsubdivision two of this section.\n  4. The authority shall submit annually to the governor, for his\napproval, and to the budget director, the state comptroller and the head\nof any executive agency having energy related responsibilities, chairman\nof the senate finance committee, and chairman of the assembly ways and\nmeans committee, its proposed operating budget for the next ensuing\nfiscal year and the operating budget for the present fiscal year.\n  5. The budget shall be submitted in a form and on the date specified\nby the budget director, including, but not limited to, information on\nrates, contracts, revenue and sources of revenue.\n  6. The comptroller shall each year certify to the budget director, the\ngovernor and the legislative chairmen named in subdivision two of this\nsection specific amounts for which the authority is obligated to the\nstate.\n  7. (a) The authority shall submit to the governor, the chair of the\nsenate finance committee, and the chair of the assembly ways and means\ncommittee, and publish on the authority's public website a semi-annual\nreport for the time period ending March thirty-first no later than June\nfirst and for the time period ending September thirtieth no later than\nDecember first of each year detailing the authority's activities for the\nprevious six month reporting period.\n  (b) The semi-annual report required pursuant to paragraph (a) of this\nsubdivision shall include information with respect to all proceeds\ncollected and administered by the authority pursuant to an order of the\npublic service commission, including assessments, fees, taxes,\ntransfers, corporate income or surcharges imposed on energy consumers or\npower generators. The semi-annual report shall include, at a minimum,\nthe following:\n  1. total revenues collected by the authority in the reporting period;\n  2. a list of requests for proposals, program opportunity notices, or\nsimilar solicitations, that have been issued in the reporting period;\n  3. a description of the criteria and standards utilized for awarding a\nrequest for proposal, a program opportunity notice, or similar\nsolicitation;\n  4. a regional report on all projects selected for funding by the\nauthority during the reporting period, including the county and utility\nservice territory in which the project is located, and the total value\nof these projects statewide and by region;\n  5. all disbursements or expenditures of revenues pursuant to a request\nfor proposal, a program opportunity notice, or similar solicitation; and\n  6. a list of all contracts executed and completed during the reporting\nperiod including a description of each project.\n  (c) The president and chief executive officer of the authority shall\nprovide notice to the director of the division of the budget, the\nchairman of the senate finance committee and the chairman of the\nassembly ways and means committee of any report that is more than sixty\ndays delinquent. Should the authority be delinquent in submitting its\nreport by more than one hundred eighty days, the president and chief\nexecutive officer shall provide notice of such delinquency to the\ndirector of the division of the budget, the chairman of the senate\nfinance committee, the chairman of the assembly ways and means\ncommittee, and the state comptroller.\n  (d) Reporting requirements. The information for the report required\nunder this subdivision shall be current to within sixty days of the\nactual release of the report.\n
N.Y. ENV Law § 33-0923 — New York Code / Act ENV / Article 33 / Title 9-A / Section 33-0923
Denial or revocation of certification or registration
Status: in_force

§ 33-0923. Denial or revocation of certification or registration.\n  The commissioner, after due notice and opportunity of hearing to an\napplicant, certified applicator, or registered pesticide business or\nagency, may deny an application or revoke a certificate or registration\npursuant to section 33-0909 of this article.\n
N.Y. ENV Law § 37-0903 — New York Code / Act ENV / Article 37 / Title 9 / Section 37-0903
Applicability
Status: in_force

§ 37-0903. Applicability.\n  1. New children's products. The provisions of this title shall apply\nto chemicals of concern and high-priority chemicals in children's\nproducts sold or distributed as new and does not apply to used\nchildren's products that are sold or distributed for free at secondhand\nstores, yard sales, on the internet or donated to charities.\n  2. Exceptions. (a) The requirements of this title shall not apply to\nhigh priority chemicals used in or for industry or manufacturing,\nincluding chemicals processed or otherwise used in or for industrial or\nmanufacturing processes and not included in the final product.\n  (b) Combustion. The requirements of this title shall not apply to\nhigh-priority chemicals generated solely as combustion by-products or\nthat are present in combustible fuels.\n  (c) Small business exception. The requirements of this title shall not\napply to children's product manufacturers that employ five persons or\nfewer and are independently owned and operated.\n  (d) Retailers. A retailer is exempt from the requirements of this\ntitle unless that retailer knowingly sells a children's product\ncontaining a high-priority chemical after the effective date of its\nprohibition for which that retailer has received notification pursuant\nto section 37-0913 of this title.\n
N.Y. PBA Law § 1209 — New York Code / Act PBA / Article 5 / Title 9 / Section 1209
Contracts
Status: in_force

§ 1209. Contracts. 1. Any contract for public work, except where there\nis an emergency involving danger to life or property, the estimated cost\nof which exceeds twenty thousand dollars shall be made by the authority\nonly upon public letting founded on sealed bids. Notice of the\ninvitation for such bidding shall state the time and place of the\nreceipt and opening of bids and shall be published once a week for two\nsuccessive weeks in two of the daily newspapers published in the city,\nand in the city records. The authority may reject all such bids and\nreadvertise for new bids if it shall deem it for the public interest so\nto do. If not, it shall award the contract to the lowest responsible\nbidder.\n  2. Any purchase contract, including but not limited to contracts for\nthe purchase of equipment, materials or supplies, the estimated cost of\nwhich exceeds the sum of ten thousand dollars, shall be made by the\nauthority only upon public letting founded on sealed bids, except in a\ncase where the authority, by resolution, declares the existence of an\nemergency or the existence of other circumstances making competitive\nbidding impracticable or inappropriate, except in no instance other than\nin circumstances such as described in paragraph (g) hereof, shall the\nauthority declare that competitive bidding is inappropriate with respect\nto purchase contracts for omnibuses. In each instance when the authority\ndeclares competitive bidding inappropriate it shall state the reasons\ntherefor. Competitive bidding may be declared inappropriate by the\nauthority in instances (a) where the item to be purchased is available\nonly from a single source; or (b) where professional engineering or\narchitectural services are solicited; or (c) where only a single bid is\nreceived in response to an invitation for competitive bids; or (d) where\nthe authority has chosen to standardize a component on the basis of\ncompatibility or maintenance reliability; or (e) where the apparent low\nbidder is declared by the authority to be not qualified to perform the\nterms of the contract; or (f) where the authority wishes to experiment\nwith or test a new product or technology or evaluate the service or\nreliability of a new source for a particular product or component; or\n(g) where the authority by a vote of two-thirds of its members then in\noffice determines that its prior experience with a potential source or\ncontractor has been such as to require, in the public interest, that\nsuch source or contractor not be considered eligible to bid and that\nafter the elimination of said source or contractor from the bidding\nprocess there would effectively remain only a single source for the item\nto be purchased and the authority purchases the item from such source;\nor (h) where the authority by a two-thirds vote of its members\ndetermines, on the basis of its analysis of the competitive situation\namong potential sources for the item to be purchased, is such that it is\nin the public interest to encourage new sources of manufacture or supply\nby awarding a contract by negotiation and without competitive bidding.\nNotice of the invitation for such bidding shall state the time and place\nof the receipt and opening of bids and shall be published in the city\nrecord in five successive issues at least ten days preceding such\nopening. The authority may reject all such bids and readvertise for new\nbids if it shall deem it for the public interest so to do. If not, it\nshall award the contract to the lowest responsible bidder unless the\nauthority, by unanimous vote, shall determine that it is for the public\ninterest that a bid other than that of the lowest responsible bidder\nshall be accepted.\n  * 3. A contract for the purchase of rapid transit cars or components\nof rapid transit cars in furtherance or implementation of a capital\nprogram plan approved pursuant to section twelve hundred sixty-nine-b of\nthis article may also be awarded by the authority by negotiation without\ncompetitive bidding provided the following standards and procedures are\ncomplied with:\n  (a) The authority, by a vote of not less than eleven of its members,\nshall issue a notice of intention to negotiate for the purchase of rapid\ntransit cars or components thereof. Such notice shall be published in at\nleast one newspaper of general circulation, and a copy thereof shall be\nmailed to all known vendors of such cars or components. Such notice\nshall describe or identify the cars or particular components so to be\npurchased, the factors subject to negotiation, insofar as practicable\nprior to such negotiation, the form and content of the response, and any\nother matter which the authority deems relevant. The factors subject to\nnegotiation shall include, but need not be limited to, financing, cost,\ndelivery schedules, and performance of all or a portion of the contract\nat sites within the state of New York or using goods produced and\nservices provided within the state of New York. Such notice shall\nrequire a respondent to submit as part of the response and in such\ndetail as the authority may require, information relating to the\nexperience of the respondent on the basis of which said respondent\npurports to be qualified to fulfill a contract relating to the subject\nmatter and including the factors identified in the notice.\n  (b) The authority shall evaluate the responses to such notice, and\nshall negotiate with those respondents whose responses comply with all\nthe requirements set forth in the notice, including the qualification\nrequirements.\n  (c) A public hearing shall be held by the authority upon not less than\nfifteen days notice. Such notice shall state the purpose of the hearing,\nand shall be published in at least one newspaper of general circulation\nand shall be mailed to all vendors from whom offers to negotiate were\nreceived. At such hearing, summaries of all offers received and of all\nnegotiations shall be presented. Public comment shall be heard with\nrespect to such offers and negotiations after which the authority by a\nvote of not less than eleven of its members, shall resolve, on the basis\nof particularized findings relevant to the factors negotiated, that the\naward of the contract on the basis of negotiation for the purchase of\nrapid transit cars or any components thereof will result in savings or\nother benefits to the authority, and that such award is in the public\ninterest.\n  As soon as practicable after the adoption of such resolution, the\nauthority shall file such resolution and the contract which is the\nsubject thereof with the New York State Public Authorities Control\nBoard, created by section fifty of this chapter, and with the individual\nmembers thereof, and no such contract shall be awarded by the authority\nif within fifteen days following such filing the Public Authorities\nControl Board has disapproved the award of such contract. Provided if\nthe contract is not approved by the board within the fifteen day period\nand no individual member of the board has certified to the authority in\nwriting of his disapproval within such period, the contract shall be\ndeemed to have been approved.\n  (d) Except with respect to a contract to be awarded pursuant to\nparagraph (i) of subdivision two of this section, the notice provided in\nparagraph (c) of this subdivision shall not be issued until forty-five\ndays after issuance of the notice of intention to negotiate referred to\nin paragraph (a) of this subdivision.\n  * NB Expired December 31, 1982\n  4. Notwithstanding the provisions of subdivision two of this section,\na contract for the purchase of omnibuses or components of omnibuses in\nfurtherance or implementation of a capital program plan approved\npursuant to section twelve hundred sixty-nine-b of this article may also\nbe awarded by the authority by negotiation without competitive bidding\nprovided the following standards and procedures are complied with:\n  (a) The authority, by a vote of not less than two-thirds of its\nmembers then in office, shall issue a notice of intention to solicit\ncompetitive offerings to furnish omnibuses or components thereof, and to\nnegotiate the conditions of a final purchase award. Such notice shall be\npublished in at least one newspaper of general circulation, and a copy\nthereof shall be mailed to all known vendors of such omnibuses or\ncomponents.  Such notice shall describe or identify the omnibuses or\nparticular components so to be purchased, the factors subject to\nnegotiation, insofar as practicable prior to such negotiation, the form\nand content of the response, and any other matter which the authority\ndeems relevant. The factors subject to negotiation shall include, but\nneed not be limited to, financing, cost, delivery schedules, and\nperformance of all or a portion of the contract at sites within the\nstate of New York or using goods produced and services provided with the\nstate of New York. Such notice shall require a respondent to submit as\npart of the response and in such detail as the authority may require,\ninformation relating to the experience of the respondent on the basis of\nwhich said respondent purports to be qualified to fulfill a contract\nrelating to the subject matter and including the factors identified in\nthe notice.\n  (b) The authority shall evaluate the responses to such notice, and\nshall negotiate with those respondents whose responses comply with all\nthe requirements set forth in the notice, including the qualification\nrequirements.\n  (c) A public hearing shall be held by the authority upon not less than\nfifteen days notice. Such notice shall state the purpose of the hearing,\nand shall be published in at least one newspaper of general circulation\nand shall be mailed to all vendors from whom offers to negotiate were\nreceived. At such hearing, summaries of all final offers received and of\nall negotiations shall be presented. Public comment shall be heard with\nrespect to such offers and negotiations after which the authority by a\nvote of not less than eleven of its members, shall resolve, on the basis\nof particularized findings relevant to the factors negotiated, that the\naward of the contract on the basis of negotiation for the purchase of\nomnibuses or any components thereof will result in savings or other\nbenefits to the authority, and that such award is in the public\ninterest.\n  In no event, however, shall the authority award a contract for\nomnibuses to a manufacturer whose final offer, as expressed in unit cost\nper omnibus, is more than ten per cent higher than the unit cost of any\nqualified competing final offer, if the sole basis for such award is\nthat the higher priced offer includes more favorable provision for the\nperformance of the contract within the state of New York or the use of\ngoods produced or services provided within the state of New York.\nProvided, however, the authority's directors to award a contract to any\nmanufacturer shall not be so limited if a basis for such award, as\ndetermined by the authority, is superior financing, delivery schedule,\nlife cycle cost, reliability, or any other factor the authority deems\nrelevant to its operation.\n  As soon as practicable after the adoption of such resolution, the\nauthority shall file such resolution and the contract which is the\nsubject thereof with the New York state public authorities control\nboard, created by section fifty of this chapter, and with the individual\nmembers thereof. The authority shall provide the public authorities\ncontrol board with any information concerning the decision to award the\ncontract as such board may request, including, but not limited to\nfinancing, delivery schedule, life cycle cost, and reliability of the\nomnibus offers made by all manufacturers competing for the award. No\nsuch contract shall be awarded by the authority if within fifteen days\nfollowing such filing the public authorities control board has\ndisapproved the award of such contract; provided, however, if the\ncontract is not approved by the board within the fifteen day period and\nno individual member of the board has certified to the authority in\nwriting of his disapproval within such period, the contract shall be\ndeemed to have been approved.\n  (d) The notice provided in paragraph (c) of this subdivision shall not\nbe issued until forty-five days after issuance of the notice of\nintention to negotiate referred to in paragraph (a) of this subdivision.\n  5. (a) Notwithstanding that funds of the authority may be used\ntherefor, a contract for all or a portion of work involving the\nalteration, expansion or rehabilitation of a passenger station may be\nawarded by the authority, by negotiation without competitive bidding, to\na private entity or the designee of a private entity where the authority\nby vote of not less than eleven of its members approves written findings\nthat such award is expected to permit the alteration, expansion or\nrehabilitation to be carried out in the most efficient and cost\neffective manner, that such private entity has agreed to pay at least\none million dollars toward the cost of the work, that such payment\nrepresents not less than fifty percent of the total cost of the work,\nand that the authority has complied with the procedures provided in\nparagraph (b) of this subdivision. Notwithstanding the foregoing, a\ncontract for all or a portion of work involving the alteration,\nexpansion or rehabilitation of the passenger station located at the\nwestern terminus of the forty-second street shuttle may be awarded by\nthe authority, by negotiation without competitive bidding, to a private\nentity or the designee of a private entity where the authority by vote\nof not less than eleven of its members approves written findings that\nsuch award is expected to permit the alteration, expansion or\nrehabilitation to be carried out in the most efficient and cost\neffective manner, and that the authority has complied with the\nprocedures provided in paragraph (b) of this subdivision.\n  (b) Not less than fifteen days prior to the consideration by the board\nof the authority of a contract to be let pursuant to this subdivision, a\nnotice shall be published in at least one newspaper of general\ncirculation. Such notice shall identify the parties to the proposed\ncontract and summarize its terms and conditions. Such notice shall also\ninvite written public comment concerning the proposed contract,\nincluding, to the extent appropriate, the submission of alternatives for\nthe authority's consideration. Such information shall be considered by\nthe board of authority prior to the approval of any contract proposed to\nbe awarded pursuant to this subdivision.\n  (c) Any contract entered into pursuant to this subdivision shall\ncomply with the requirements of subdivision thirteen of section twelve\nhundred sixty-six-c of this article.\n  6. The provisions of subdivisions one, two, three and four of this\nsection shall not be applicable to any procurement by the authority\ncommenced during the period from the effective date of this subdivision\nuntil December thirty-first, nineteen hundred ninety-one or during the\nperiod from December sixteenth, nineteen hundred ninety-three until June\nthirtieth, two thousand twenty-eight; and the provisions of subdivisions\nseven, eight, nine, ten, eleven, twelve and thirteen of this section\nshall only apply to procurements by the authority commenced during such\nperiods. The provisions of such subdivisions one, two, three and four\nshall apply to procurements by the authority commenced during the period\nfrom December thirty-first, nineteen hundred ninety-one until December\nsixteenth, nineteen hundred ninety-three, and to procurements by the\nauthority commenced on and after July first, two thousand twenty-eight.\nNotwithstanding the foregoing, the provisions of such subdivisions one,\ntwo, three and four shall apply to (i) the award of any contract of the\nauthority if the bid documents for such contract so provide and such bid\ndocuments are issued within sixty days of the effective date of this\nsubdivision or within sixty days of December sixteenth, nineteen hundred\nninety-three, or (ii) for a period of one hundred eighty days after the\neffective date of this subdivision, or for a period of one hundred\neighty days after December sixteenth, nineteen hundred ninety-three, the\naward of any contract for which an invitation to bid, solicitation,\nrequest for proposal, or any similar document has been issued by the\nauthority prior to the effective date of this subdivision or during the\nperiod from January first, nineteen hundred ninety-two until December\nfifteenth, nineteen hundred ninety-three.\n  * 7. (a) Except as otherwise provided in this section, all purchase\ncontracts for supplies, materials or equipment involving an estimated\nexpenditure in excess of one million dollars and all contracts for\npublic work involving an estimated expenditure in excess of one million\ndollars shall be awarded by the authority to the lowest responsible\nbidder after obtaining sealed bids in the manner hereinafter set forth.\nThe aforesaid shall not apply to contracts for personal, architectural,\nengineering or other professional services. The authority may reject all\nbids and obtain new bids in the manner provided by this section when it\nis deemed in the public interest to do so or, in cases where two or more\nresponsible bidders submit identical bids which are the lowest bids,\naward the contract to any of such bidders or obtain new bids from such\nbidders. Nothing in this paragraph shall obligate the authority to seek\nnew bids after the rejection of bids or after cancellation of an\ninvitation to bid. Nothing in this section shall prohibit the evaluation\nof bids on the basis of costs or savings including life cycle costs of\nthe item to be purchased, discounts, and inspection services so long as\nthe invitation to bid reasonably sets forth the criteria to be used in\nevaluating such costs or savings. Life cycle costs may include but shall\nnot be limited to costs or savings associated with installation, energy\nuse, maintenance, operation and salvage or disposal.\n  (b) Section twenty-eight hundred seventy-nine of this chapter shall\napply to the authority's acquisition of goods or services of any kind,\nin the actual or estimated amount of fifteen thousand dollars or more,\nprovided that (i) a contract for services in the actual or estimated\namount of one million dollars or less shall not require approval by the\nboard of the authority regardless of the length of the period over which\nthe services are rendered, and provided further that a contract for\nservices in the actual or estimated amount in excess of one million\ndollars shall require approval by the board of the authority regardless\nof the length of the period over which the services are rendered unless\nsuch a contract is awarded to the lowest responsible bidder after\nobtaining sealed bids and (ii) the board of the authority may by\nresolution adopt guidelines that authorize the award of contracts to\nsmall business concerns, to service disabled veteran owned businesses\ncertified pursuant to article seventeen-B of the executive law, or\nminority or women-owned business enterprises certified pursuant to\narticle fifteen-A of the executive law, or purchases of goods or\ntechnology that are recycled or remanufactured, in an amount not to\nexceed one million five hundred thousand dollars without a formal\ncompetitive process and without further board approval. The board of the\nauthority shall adopt guidelines which shall be made publicly available\nfor the awarding of such contract without a formal competitive process.\n  * NB Effective until June 30, 2028\n  * 7. (a) Except as otherwise provided in this section, all purchase\ncontracts for supplies, materials or equipment involving an estimated\nexpenditure in excess of fifteen thousand dollars and all contracts for\npublic work involving an estimated expenditure in excess of twenty-five\nthousand dollars shall be awarded by the authority to the lowest\nresponsible bidder after obtaining sealed bids in the manner hereinafter\nset forth. The aforesaid shall not apply to contracts for personal,\narchitectural, engineering or other professional services. The authority\nmay reject all bids and obtain new bids in the manner provided by this\nsection when it is deemed in the public interest to do so or, in cases\nwhere two or more responsible bidders submit identical bids which are\nthe lowest bids, award the contract to any of such bidders or obtain new\nbids from such bidders. Nothing herein shall obligate the authority to\nseek new bids after the rejection of bids or after cancellation of an\ninvitation to bid. Nothing in this section shall prohibit the evaluation\nof bids on the basis of costs or savings including life cycle costs of\nthe item to be purchased, discounts, and inspection services so long as\nthe invitation to bid reasonably sets forth the criteria to be used in\nevaluating such costs or savings. Life cycle costs may include but shall\nnot be limited to costs or savings associated with installation, energy\nuse, maintenance, operation and salvage or disposal.\n  (b) Section twenty-eight hundred seventy-nine of this chapter shall\napply to the authority's acquisition of goods or services of any kind,\nin the actual or estimated amount of fifteen thousand dollars or more,\nprovided that a contract for personal services in the actual or\nestimated amount of less than twenty thousand dollars shall not require\napproval by the board of the authority regardless of the length of the\nperiod over which the services are rendered, and provided further that a\ncontract for personal services in the actual or estimated amount of\ntwenty thousand dollars or more shall require approval by the board of\nthe authority regardless of the length of the period over which the\nservices are rendered.\n  * NB Effective June 30, 2028\n  8. (a) Advertisement for bids, when required by this section, shall be\npublished at least once in a newspaper of general circulation in the\narea served by the authority and in the procurement opportunities\nnewsletter published pursuant to article four-C of the economic\ndevelopment law provided that, notwithstanding the provisions of article\nfour-C of the economic development law, an advertisement shall only be\nrequired when required by this section. Publication in a newspaper of\ngeneral circulation in the area served or in the procurement\nopportunities newsletter shall not be required if bids for contracts for\nsupplies, materials or equipment are of a type regularly purchased by\nthe authority and are to be solicited from a list of potential\nsuppliers, if such list is or has been developed consistent with the\nprovisions of subdivision eleven of this section. Any such advertisement\nshall contain a statement of: (i) the time and place where bids received\npursuant to any notice requesting sealed bids will be publicly opened\nand read; (ii) the name of the contracting agency; (iii) the contract\nidentification number; (iv) a brief description of the public work,\nsupplies, materials, or equipment sought, the location where work is to\nbe performed, goods are to be delivered or services provided and the\ncontract term; (v) the address where bids or proposals are to be\nsubmitted; (vi) the date when bids or proposals are due; (vii) a\ndescription of any eligibility or qualification requirement or\npreference; (viii) a statement as to whether the contract requirements\nmay be fulfilled by a subcontracting, joint venture, or co-production\narrangement; (ix) any other information deemed useful to potential\ncontractors; and (x) the name, address, and telephone number of the\nperson to be contacted for additional information. At least fifteen\nbusiness days shall elapse between the first publication of such\nadvertisement or the solicitation of bids, as the case may be, and the\ndate of opening and reading of bids.\n  (b) The authority may designate any officer or employee to open the\nbids at the time and place bids are to be opened and may designate an\nofficer to award the contract to the lowest responsible bidder. Such\ndesignee shall make a record of all bids in such form and detail as the\nauthority shall prescribe. All bids received shall be publicly opened\nand read at the time, place and in the manner specified in the\nadvertisement or specified at the time of solicitation, or to which the\nopening and reading or posting have been adjourned by the authority,\nprovided that any sealed bid may be received and secured through an\nelectronic platform as permitted by the authority, and that any sealed\nbid received electronically is made public at the same time as any\ncompeting paper bid. The authority shall, at minimum, provide the same\nopportunity and time for submitting sealed bids physically as for sealed\nbids submitted electronically, and shall provide the opportunity for\nbidders to submit sealed bids physically any time that it provides the\nopportunity to submit sealed electronic bids. In addition, the authority\nshall establish a process for accommodating force majeure events that\nprevent the submission of a sealed electronic bid, including but not\nlimited to internet and power outage events, and for automatically\nconfirming receipt of any sealed electronic bid received. All bidders\nshall be notified of the time and place of any such adjournment.\n  9. Notwithstanding the foregoing, the authority may, by resolution\napproved by a two-thirds vote of its members then in office or by a\nmajority vote of its members with respect to contracts proposed to be\nlet pursuant to paragraph (a) of this subdivision, declare that\ncompetitive bidding is impractical or inappropriate because of the\nexistence of any of the circumstances hereinafter set forth and\nthereafter the authority may proceed to award contracts without\ncomplying with the requirements of subdivision seven or eight of this\nsection. In each case where the authority declares competitive bidding\nimpractical or inappropriate, it shall state the reason therefor in\nwriting and summarize any negotiations that have been conducted. Except\nfor contracts awarded pursuant to paragraphs (a), (b), (c) and (e) of\nthis subdivision, the authority shall not award any contract pursuant to\nthis subdivision earlier than thirty days from the date on which the\nauthority declares that competitive bidding is impractical or\ninappropriate. Competitive bidding may only be declared impractical or\ninappropriate where: (a) the existence of an emergency involving danger\nto life, safety or property requires immediate action and cannot await\ncompetitive bidding or the item to be purchased is essential to\nefficient operation or the adequate provision of service and as a\nconsequence of an unforeseen circumstance such purchase cannot await\ncompetitive bidding;\n  (b) the item to be purchased is available only from a single\nresponsible source, provided that if bids have not been solicited for\nsuch item pursuant to subdivision seven of this section within the\npreceding twelve months, public notice shall first be given pursuant to\nsubdivision eight of this section;\n  (c) the authority receives no responsive bids or only a single\nresponsive bid in response to an invitation for competitive bids;\n  (d) the authority wishes to experiment with or test a product or\ntechnology or new source for such product or technology or evaluate the\nservice or reliability of such product or technology;\n  (e) the item is available through an existing contract between a\nvendor and (i) another public authority provided that such other\nauthority utilized a process of competitive bidding or a process of\ncompetitive requests for proposals to award such contract, (ii) the\nUnited States general services administration provided that such\nadministration utilized a process of competitive bidding or a process of\ncompetitive requests for proposals to award such contract, (iii) Nassau\ncounty or (iv) the state of New York or the city of New York, provided\nthat in any case when the authority under this paragraph determines that\nobtaining such item thereby would be in the public interest and sets\nforth the reasons for such determination. Such rationale shall include,\nbut need not be limited to, a determination of need, a consideration of\nthe procurement method by which the contract was awarded, an analysis of\nalternative procurement sources including an explanation why a\ncompetitive procurement or the use of a centralized contract let by the\ncommissioner of the office of general services is not in the best\ninterest of the authority, and the reasonableness of cost. The authority\nshall accept sole responsibility for any payment due the vendor as a\nresult of the authority's order; or\n  (f) the authority determines that it is in the public interest to\naward contracts pursuant to a process for competitive request for\nproposals as hereinafter set forth. For purposes of this section, a\nprocess for competitive request for proposals shall mean a method of\nsoliciting proposals and awarding a contract on the basis of a formal\nevaluation of the characteristics, such as quality, cost, delivery\nschedule and financing of such proposals against stated selection\ncriteria. Public notice of the requests for proposals shall be given in\nthe same manner as provided in subdivision eight of this section and\nshall include the selection criteria. In the event the authority makes a\nmaterial change in the selection criteria from those previously stated\nin the notice, it will inform all proposers of such change and permit\nproposers to modify their proposals.\n  * (i) Except for a contract with a value of one hundred million\ndollars or less that is awarded pursuant to this paragraph to the\nproposer whose proposal is the lowest cost, the authority may award a\ncontract pursuant to this paragraph only after a resolution approved by\na two-thirds vote of its members then in office at a public meeting of\nthe authority with such resolution (A) disclosing the other proposers\nand the substance of their proposals, (B) summarizing the negotiation\nprocess including the opportunities, if any, available to proposers to\npresent and modify their proposals, and (C) setting forth the criteria\nupon which the selection was made provided however that for purposes of\nthis subparagraph the board may, at its discretion, require such a\nresolution be approved for contracts with a value of one hundred million\ndollars or less.\n  * NB Effective until June 30, 2028\n  * (i) The authority may award a contract pursuant to this paragraph\nonly after a resolution approved by a two-thirds vote of its members\nthen in office at a public meeting of the authority with such resolution\n(A) disclosing the other proposers and the substance of their proposals,\n(B) summarizing the negotiation process including the opportunities, if\nany, available to proposers to present and modify their proposals, and\n(C) setting forth the criteria upon which the selection was made.\n  * NB Effective June 30, 2028\n  (ii) Nothing in this paragraph shall require or preclude (A)\nnegotiations with any proposers following the receipt of responses to\nthe request for proposals, or (B) the rejection of any or all proposals\nat any time. Upon the rejection of all proposals, the authority may\nsolicit new proposals or bids in any manner prescribed in this section.\n  (g) the authority issues a competitive request for proposals pursuant\nto the procedures of paragraph (f) of this subdivision for the purchase\nor rehabilitation of rapid transit cars and omnibuses. Any such request\nmay include among the stated selection criteria the performance of all\nor a portion of the contract at sites within the state of New York or\nthe use of goods produced or services provided within the state of New\nYork, provided however that in no event shall the authority award a\ncontract to a manufacturer whose final offer, as expressed in unit cost\nis more than ten percent higher than the unit cost of any qualified\ncompeting final offer, if the sole basis for such award is that the\nhigher priced offer includes more favorable provision for the\nperformance of the contract within the state of New York or the use of\ngoods produced or services provided within the state of New York, and\nfurther provided that the authority's discretion to award a contract to\nany manufacturer shall not be so limited if a basis for such award, as\ndetermined by the authority, is superior financing, delivery schedule,\nlife cycle, reliability, or any other factor the authority deems\nrelevant to its operations.\n  * (i) Except for a contract with a value of one hundred million\ndollars or less that is awarded pursuant to this paragraph to the\nproposer whose proposal is the lowest cost, the authority may award a\ncontract pursuant to this paragraph only after a resolution approved by\na vote of not less than two-thirds of its members then in office at a\npublic meeting of the authority with such resolution (A) disclosing the\nother proposers and the substance of their proposals, (B) summarizing\nthe negotiation process including the opportunities, if any, available\nto proposers to present and modify their proposals, and (C) setting\nforth the criteria upon which the selection was made provided however\nthat for purposes of this subparagraph the board may, at its discretion,\nrequire such a resolution be approved for contracts with a value of one\nhundred million dollars or less.\n  * NB Effective until June 30, 2028\n  * (i) The authority may award a contract pursuant to this paragraph\nonly after a resolution approved by a vote of not less than two-thirds\nof its members then in office at a public meeting of the authority with\nsuch resolution (A) disclosing the other proposers and the substance of\ntheir proposals, (B) summarizing the negotiation process including the\nopportunities, if any, available to proposers to present and modify\ntheir proposals, and (C) setting forth the criteria upon which the\nselection was made.\n  * NB Effective June 30, 2028\n  (ii) Nothing in this paragraph shall require or preclude (A)\nnegotiations with any proposers following the receipt of responses to\nthe request for proposals, or (B) the rejection of any or all proposals\nat any time. Upon the rejection of all proposals, the authority may\nsolicit new proposals or bids in any manner prescribed in this section.\n  10. Upon the adoption of a resolution by the authority stating, for\nreasons of efficiency, economy, compatibility or maintenance\nreliability, that there is a need for standardization, the authority may\nestablish procedures whereby particular supplies, materials or equipment\nare identified on a qualified products list. Such procedures shall\nprovide for products or vendors to be added to or deleted from such list\nand shall include provisions for public advertisement of the manner in\nwhich such lists are compiled. The authority shall review such list no\nless than once a year for the purpose of making modifications thereto.\nContracts for particular supplies, materials or equipment identified on\na qualified products list may be awarded by the authority to the lowest\nresponsible bidder after obtaining sealed bids in accordance with this\nsection or without competitive sealed bids in instances when the item is\navailable from only a single source, except that the authority may\ndispense with advertising provided that it mails copies of the\ninvitation to bid to all vendors of the particular item on the qualified\nproducts list.\n  11. The authority shall compile a list of potential sources of\nsupplies, materials or equipment regularly purchased. The authority\nshall, by resolution, set forth the procedures it has established to\nidentify new sources and to notify such new sources of the opportunity\nto bid for contracts for the purchase of supplies, materials or\nequipment. Such procedures shall include, but not be limited to: (a)\nadvertising in trade journals; (b) cooperation with federal, state and\nlocal agencies within its area of operations; (c) publication in the\nstate register quarterly; and (d) procedures established pursuant to\nsubdivision thirteen of section twelve hundred sixty-six-c of this\narticle.\n  12. The provisions of this section shall not supersede any other\nprovisions of law relative to purchases of products or devices\nmanufactured or provided by the blind or other severely handicapped\npersons, to the invitation and acceptance of bids from small or minority\nbusiness enterprises or to the purchases of supplies, materials or\nequipment through the office of general services. Except as may\notherwise be provided by law or as more restrictively defined in the\nofficial policy or bid specifications of the authority, the term "small\nbusiness" means a small business or similar term, under federal\nregulations applicable to projects of the authority which are federally\nassisted.\n  * 13. Notwithstanding any other provisions in this section, the\nauthority shall be allowed to use an electronic bidding system for the\npurchase of goods, materials, and commodities that may inform bidders\nwhether their bid is the current low bid, and allow bidders to submit\nnew bids before the date and time assigned for the opening of bids. Such\nprocedure shall not constitute disclosure of bids in violation of\nsection twenty-eight hundred seventy-eight of this chapter.\n  * NB Effective until June 30, 2028\n  * 13. The provisions of this section shall not apply to any\nprocurement made by any other public entity not otherwise required by\nlaw to award contracts for such purchases to the lowest responsible\nbidder if such purchases are made at the sole cost and expense of such\nentity.\n  * NB Effective June 30, 2028\n  * 14. The provisions of this section shall not apply to any\nprocurement made by any other public entity not otherwise required by\nlaw to award contracts for such purchases to the lowest responsible\nbidder if such purchases are made at the sole cost and expense of such\nentity.\n  * NB Repealed June 30, 2028\n  15. (a) Whenever the comptroller pursuant to section twenty-eight\nhundred seventy-nine-a of this chapter intends to require supervision in\nthe form of prior review and approval of a contract or contract\namendment to be awarded by the authority pursuant to this section, then\nsuch contract or contract amendment shall be submitted to the\ncomptroller by the authority for approval and shall not be a valid\nenforceable contract unless it shall first have been approved by the\ncomptroller but only if the comptroller has notified the authority of\nsuch determination within thirty days of having received written notice\nof such contract or contract amendment either in the authority's annual\nreport or any revised report;\n  (b) If the comptroller has timely notified the authority as provided\nin paragraph (a) of this subdivision that any contract or contract\namendment shall be subject to comptroller prior review and approval, and\nsuch contract or contract amendment has been submitted to the\ncomptroller, it shall become valid and enforceable without such approval\nif the comptroller has not approved or disapproved it within thirty days\nof submission to the comptroller.\n
N.Y. LFN Law § 123.00 — New York Code / Act LFN / Article 2 / Title 9 / Section 123.00
Exclusion of self-liquidating indebtedness in ascertaining the power of a municipality to contract indebtedness
Status: in_force

§ 123.00 Exclusion of self-liquidating indebtedness in ascertaining\nthe power of a municipality to contract indebtedness. a. As used in this\nsection: 1. The term "outstanding indebtedness", shall mean indebtedness\nevidenced by bonds and bond anticipation notes.\n  2. The term "public improvement" shall mean either a single\nimprovement or a group of improvements, which are maintained for the\nsame purpose, including improvements used primarily in connection\ntherewith, and which are producing or are intended to produce revenue.\n  b. 1. In ascertaining the power of a municipality to contract\nindebtedness, there may be excluded, to the extent permitted in\nparagraph e of this section, the outstanding indebtedness contracted by\nany such municipality for a public improvement or part thereof, or\nservice, owned or rendered by such municipality if such public\nimprovement or part thereof, or service, shall have yielded net revenue\nto such municipality during the preceding fiscal year in a sum equal to\ntwenty-five per centum or more of the amount required in such year for\nthe payment of the interest on and amortization of, or payment of, such\noutstanding indebtedness.\n  2. The outstanding indebtedness of a district corporation, as the term\n"district corporation" is defined in paragraph a of section 102.00 of\nthis chapter, contracted on or after January first, nineteen hundred\nthirty-nine, may be excluded, to the extent permitted in paragraph e of\nthis section, in ascertaining the indebtedness of a city or village\nwithin which, or of a town within the unincorporated area of which, such\ndistrict corporation is situated in whole or in part, if such\noutstanding indebtedness was contracted for a public improvement or part\nthereof, or service, owned or rendered by such district corporation and\nif such public improvement or part thereof, or service, shall have\nyielded net revenue to such district corporation during the preceding\nfiscal year of the district corporation in a sum equal to twenty-five\nper centum or more of the amount required in such year for the payment\nof the interest on and amortization of, or payment of, such outstanding\nindebtedness.\n  3. In ascertaining the power of a county or town to contract\nindebtedness, there may be excluded, to the extent permitted in\nparagraph e of this section, the outstanding indebtedness contracted by\nany such county or town on behalf of an improvement district for a\npublic improvement or part thereof, or service, owned or rendered by\nsuch district if such public improvement or part thereof, or service,\nshall have yielded net revenue to such district during the preceding\nfiscal year in a sum equal to twenty-five per centum or more of the\namount required in such year for the payment of the interest on and\namortization of, or payment of, such outstanding indebtedness.\n  c. 1. A proportionate exclusion of indebtedness contracted or proposed\nto be contracted also may be granted for the period from the date when\nsuch indebtedness is first contracted or to be contracted for a public\nimprovement or part thereof, or service, owned or rendered or to be\nowned or rendered by a municipality, district corporation, or county or\ntown improvement district through the first year of operation of such\npublic improvement or part thereof, or service. The amount of such\nexclusion shall be computed in the manner provided in this section on\nthe basis of estimated net revenue for the first year of operation. Such\nestimated net revenue shall be determined by deducting from the gross\nrevenues estimated to be received during the first year of operation of\nsuch public improvement or part thereof, or service, all estimated costs\nof operation, maintenance and repairs for such year. The amount of any\nsuch proportionate exclusion shall not exceed seventy-five per centum of\nthe amount which would be excluded if the computation were made on the\nbasis of net revenue instead of estimated net revenue. The term\n"indebtedness," as used in this subdivision means indebtedness which\nwould be included in ascertaining the power of a municipality to\ncontract indebtedness, including indebtedness evidenced or to be\nevidenced by bonds or bond anticipation notes.\n  2. A proportionate exclusion of outstanding indebtedness may be\ngranted, to the extent permitted in paragraph e of this section, in the\nfiscal year in which the first year of operation of a public improvement\nor part thereof, or service, is completed if the improvement or part\nthereof, or service, shall have yielded net revenue during the first\nyear of operation in a sum equal to twenty-five per centum or more of\nthe amount required in such year for the payment of the interest on and\namortization of, or payment of, such indebtedness.\n  d. The net revenue of a public improvement or part thereof, or\nservice, shall be determined by deducting from its gross revenues of a\nyear all costs of operation, maintenance and repairs for such year.\nTaxes, assessments, and subsidies by the municipality or district\ncorporation, shall not be included in computing gross revenues.\n  e. The maximum amount of any such outstanding indebtedness which may\nbe so excluded shall be in the same proportion to the total amount of\nany such indebtedness as the amount of any such net revenue shall bear\nto the amount required in any such year for the payment of the interest\non and amortization of, or payment of, any such indebtedness.\n  f. Where an exclusion has been granted pursuant to this section, the\nrevenues of such public improvement or part thereof, or service, for the\nperiod for which the exclusion is granted, shall be applied to and\nactually used for payment of all costs of operation, maintenance and\nrepairs for such period, and payment of the amounts required in such\nperiod for interest on and amortization of or redemption of the\nindebtedness excluded, or such revenues shall be deposited in a special\nfund to be used solely for such payments. The application and use of\nsuch payments or the deposits required therefor shall not prohibit a\nmunicipality, district corporation or improvement district from using\nany such revenues, in excess of such payments or deposits, for any\nlawful purpose of the municipality, district corporation or improvement\ndistrict.\n  g. An application may be filed with the state comptroller for the\npurpose of obtaining an exclusion of such indebtedness. Such application\nshall be made on behalf of any municipality by its chief fiscal officer\nin his discretion, or by its chief fiscal officer on the direction of\nits finance board, and on behalf of any district corporation by its\nfinance board. If the finance board of a district corporation shall\nrefuse or fail to make such application, the application may be made by\nthe municipality seeking an exclusion of indebtedness. The application\nshall be verified by the chief fiscal officer or finance board making\nthe application. The application shall be in such form and shall contain\nsuch information as shall be prescribed by the state comptroller.\n  h. Within fifteen days after the filing of such application with the\nstate comptroller, such chief fiscal officer or such finance board\nmaking the application shall cause a notice to be published that such\napplication has been filed with the state comptroller. Such notice shall\nbe published in the official newspaper or newspapers of the municipality\nor district corporation, or if there be no such newspaper or newspapers,\nthen the finance board of the municipality or district corporation shall\ndesignate one or more newspapers having a general circulation in such\nmunicipality or district corporation for the publication of such notice.\nThe notice also shall contain a statement of the amount of indebtedness\nfor which a proportionate exclusion is sought and a brief description of\nthe public improvement or part thereof, or service. Proof of publication\nof such notice shall be filed in the office of the state comptroller. A\ncopy of the application and of all financial statements, documents,\ncomputations and other data and information which will be submitted by\nthe chief fiscal officer of such municipality or the finance board of\nsuch district corporation to the state comptroller in support of such\napplication shall be filed in the office of such chief fiscal officer or\nfinance board and shall be public records.\n  i. After the filing of such application, the state comptroller shall\nreview the facts set forth therein. The state comptroller shall have the\npower to examine the accounts and records of the municipality, district\ncorporation or improvement district with respect to such public\nimprovement or part thereof, or service. He may also require the chief\nfiscal officer and other public officers, boards and agencies of such\nmunicipality, district corporation or improvement district to furnish\nsuch additional data and information in their possession as he deems\nnecessary to enable him to make his determination.\n  j. In the case of a municipality, the state comptroller shall issue a\nwritten certificate setting forth his determination as to the extent to\nwhich any such indebtedness may be excluded. If an exclusion is allowed\nby the state comptroller, such certificate shall constitute the\nauthorization for the exclusion of such amount of such indebtedness in\nascertaining the power of such municipality to contract indebtedness. In\nthe case of a district corporation, the state comptroller shall issue a\nwritten certificate setting forth his determination as to the extent to\nwhich any such indebtedness shall be excluded in ascertaining the\nindebtedness of a city or village within which, or of a town within the\nunincorporated area of which, such district corporation is situated in\nwhole or in part. If an exclusion is allowed by the state comptroller,\nsuch certificate shall constitute the authorization for the exclusion of\nsuch amount of such indebtedness in ascertaining the power of such city,\nvillage or town to contract indebtedness. If the state comptroller\ndisallows the application, the certificate shall set forth the reasons\nfor such disallowance. The determination of the state comptroller shall\nbe conclusive. The certificate of the state comptroller shall not be\nissued until ten days after the filing of such proof of publication in\nthe office of the state comptroller and shall be issued within\nforty-five days after such filing. The certificate of the state\ncomptroller granting an exclusion shall be effective until the first day\nof the fourth month following the close of the fiscal year in which the\napplication is made, except that where the application is made in\nconnection with a public improvement or part thereof, or service, which\nhas not been in operation for one year the certificate shall be\neffective until the first day of the fourth month following the close of\nthe first year of operation. The certificate of the state comptroller\nshall be executed under his hand and seal in duplicate. One of such\ncertificates shall be filed in the department of audit and control and\nthe other in the office of the chief fiscal officer of such municipality\nor in the office of the finance board of the district corporation. Both\nof such certificates shall be public records.\n  k. The provisions of this section shall not affect or impair any\nexisting exclusions of indebtedness, or the power to exclude\nindebtedness granted by any other provision of this chapter or the\nconstitution.\n
N.Y. RSS Law § 80-A — New York Code / Act RSS / Article 2 / Title 9 / Section 80-A
Legislative and executive retirement plan; new plan
Status: in_force

§ 80-a. Legislative and executive retirement plan; new plan. a. As\nused in this section the following words and phrases shall have the\nfollowing meanings unless a different meaning is plainly required by the\ncontext:\n  1. "Legislative and executive member". A person who is\nlieutenant-governor, comptroller, attorney-general, a senator, an\nassemblyman or an annual or session employee of the legislature, and\nelects to come under the provisions of this section.\n  1-a. "Legislative employee" means (a) an officer or employee of the\nsenate; (b) an officer or employee of the assembly; (c) an officer or\nemployee of a joint legislative employer. For the purposes of this\nsubdivision, the term "joint legislative employer" shall mean\nlegislative commissions, committees, task forces (irrespective of\nintended or actual duration), joint legislative commissions, councils or\nsimilar bodies whose membership is comprised of both senators and\nassembly members, or which consist of commissioners, or the majority of\nwhose membership is appointed by one or more of the following: the\ntemporary president of the senate, the speaker of the assembly, the\nminority leader of the senate and/or the minority leader of the\nassembly, and shall include officers and employees of the legislative\nlibrary, legislative health service, legislative messenger service and\nincluding components of the senate or assembly that are so identified\npursuant to the legislative law; and further shall include officers and\nemployees of a joint legislative employer which at the time of the\nservice satisfies the foregoing definition of "joint legislative\nemployer". "Legislative service" or "legislative employment" shall mean\nservice or employment as a legislative employee as defined herein.\n  2. "Annual employee". A person employed by the legislature on an\nannual payroll for not less than twenty-six weeks in any calendar year\n(exclusive of employees of joint legislative committees or temporary\ncommissions) regardless of whether or not such service is consecutive\nand regardless of whether rendered before or after the effective date of\nthis act.\n  3. "Session employee". A person employed by the legislature on a\nsession payroll during the entire period of a regular session of the\nlegislature. For the purposes of this paragraph, the entire period of a\nregular session of the legislature shall mean the period covered by the\nsession payroll schedule adopted for administrative purposes and\ncertified to by the temporary president of the senate or the speaker of\nthe assembly, as the case may be, at the commencement of a regular\nsession of the legislature.\n  4. "Final average salary". The average yearly and/or annual\ncompensation earned during any three consecutive years of creditable\nservice, as selected by such member at the time of retirement.\n  5. "Yearly compensation". The total salary or wages and statutory\nallowance paid in any calendar year for creditable service to the\nlieutenant-governor, comptroller, attorney-general, a senator, an\nassemblyman or an annual or session employee of the legislature for any\npurpose, and/or while a delegate, officer or employee of the conventions\nto revise and amend the constitution of the state in the years nineteen\nhundred thirty-eight or nineteen hundred sixty-seven, or both.\n  6. "Annual compensation". The total salary or wages paid in any\ncalendar year to a person for any creditable service under this section,\nother than service as lieutenant-governor, comptroller,\nattorney-general, a senator, an assemblyman or an annual or session\nemployee of the legislature.\n  7. "Creditable service". Regardless of whether rendered before or\nafter the effective date of this section, service rendered as\nlieutenant-governor, comptroller, attorney-general, a senator, an\nassemblyman or an annual or session employee of the legislature, and\nservice rendered to the state, any political subdivision thereof or a\npublic benefit corporation for which credit is granted under the\nprovisions of this or any other section of this chapter, and military\nservice. A senator or an assemblyman or a session employee who serves\nduring an entire regular legislative session, and an annual employee who\nserves not less than twenty-six weeks during any calendar year shall be\ncredited with service for the entire year. Notwithstanding the foregoing\nprovisions of this paragraph, service rendered to the state, any\npolitical subdivision thereof or a public benefit corporation for which\ncredit is granted under the provisions of any other section of this\nchapter shall not be deemed to be creditable service, as herein defined,\nif rendered by a person who becomes a member under the provisions of\nthis section on and after July first, nineteen hundred seventy-two.\n  8. "Military service". (a) Prior military service as defined in\nparagraphs d and e of subdivision twenty-four of section two of this\nchapter; and\n  (b) Service in war after world war I as defined in subdivisions\ntwenty-nine, twenty-nine-a, thirty, and thirty-one of section two of\nthis chapter; and\n  (c) In the case of a senator or assemblyman, service, not in excess of\nthree years and not otherwise creditable under subparagraph (b) of this\nparagraph, rendered on active duty in the armed forces of the United\nStates during the period commencing July first, nineteen hundred forty,\nand terminating December thirty-first, nineteen hundred forty-six, by a\nperson who was a resident of the state at the time of entry into service\nand at the time of being discharged therefrom (i) under honorable\ncircumstances, or (ii) has a qualifying condition, as defined in section\nthree hundred fifty of the executive law, and was a resident of the\nstate at the time of entry into service and at the time of receiving a\ndischarge other than bad conduct or dishonorable from such service, or\n(iii) is a discharged LGBT veteran, as defined in section three hundred\nfifty of the executive law, and was a resident of the state at the time\nof entry into service and at the time of receiving a discharge other\nthan bad conduct or dishonorable from such service.\n  9. "Service fraction". The fraction by which a member's final average\nsalary times his years of service is multiplied to determine such\nmember's pension.\n  b. Any person who is lieutenant-governor, comptroller,\nattorney-general, a senator, an assemblyman or an annual or session\nemployee of the legislature may elect to come under the provisions of\nthis section by filing an application therefor with the comptroller on\nor before April first, nineteen hundred sixty-nine or within one year\nafter he last becomes lieutenant-governor, comptroller,\nattorney-general, a senator, an assemblyman or an annual or session\nemployee of the legislature, whichever is later. One year or more after\nthe filing thereof, a member may withdraw any such election by written\nnotice duly acknowledged and filed with the comptroller.\n  c. 1. A legislative and executive member who, while a member of this\nretirement system under the provisions of any other section of this\nchapter, elected, prior to August nineteenth, nineteen hundred\nsixty-seven, to contribute at a rate of contribution determined in\naccordance with the provisions of such section, shall continue to\ncontribute at such rate until such election is withdrawn as provided in\nsubdivision e of section seventy-five-a of this chapter.\n  2. No contribution may be made by a legislative and executive member\nunder the provisions of this section who:\n  (a) becomes a member of the retirement system on and after April\nfirst, nineteen hundred sixty-eight; or\n  (b) was a non-contributory member of the retirement system at the time\nhe elects to come under the provisions of this section.\n  3. In addition, every person who was a member of this retirement\nsystem prior to August nineteenth, nineteen hundred sixty-six may elect\nor may continue to make contributions pursuant to subdivision i of\nsection twenty-one of this chapter.\n  d. 1. A legislative and executive member who does not withdraw his\ncontributions made prior to April first, nineteen hundred sixty, shall\nbe entitled to retire, subject to the provisions of subdivision h of\nthis section, upon his:\n  (a) Completion of twenty years of service as a state senator or\nassemblyman, which may include service credited under subparagraph (c)\nof paragraph eight of subdivision a of this section, or\n  (b) Completion of at least five years of service as a legislative and\nexecutive member, and\n  (c) Completion of at least five additional years of creditable\nservice, and\n  (d) Attainment of age fifty-five,\nby filing an application therefor in a manner similar to that provided\nin section seventy of this article.\n  2. (a) Upon completion of such service and upon retirement, each such\nlegislative and executive member shall receive a pension for creditable\nservice prior to April first, nineteen hundred sixty which, together\nwith an annuity, if any, which shall be the actuarial equivalent of his\naccumulated normal contributions attributable to the period prior to\nApril first, nineteen hundred sixty, and accumulated contributions paid\nto receive credit for military service as defined in subparagraph c of\nparagraph eight of subdivision a of this section, shall be sufficient to\nprovide him with a retirement allowance equal to one-fortieth of his\nfinal average salary for each year of such service.\n  For the purpose only of determining the amount of such pension\nprovided for in this subparagraph (a), the annuity shall be computed as\nit would be if it were not reduced by the actuarial equivalent of any\noutstanding loan, and if it were not increased by the actuarial\nequivalent of other than normal contributions, and if it were not\nreduced by reason of the legislative and executive member's election to\ndecrease his annuity contributions to the retirement system in order to\napply the amount of such reduction in payment of his contributions for\nold age and survivors insurance coverage.\n  (b) In addition, each such legislative and executive member shall\nreceive: (1) An additional annuity which shall be the actuarial\nequivalent of his accumulated contributions other than those required\npursuant to subparagraph (a) of paragraph two of this subdivision or\nmade on and after April first, nineteen hundred sixty to this retirememt\nsystem, or to a local pension system in the case of a member who\ntransfers his membership to this retirement system on and after such\ndate pursuant to section forty-three of this chapter; and\n  (2) An additional pension of one-fortieth of such member's final\naverage salary for each year of creditable service after April first,\nnineteen hundred sixty.\n  3. In no event shall the sum total of the pensions payable under this\nsection to any member exceed seventy-five per cent of such member's\nfinal average salary.\n  e. Any legislative and executive member who was a member of this\nretirement system pursuant to the provisions of any other section of\nthis chapter, and/or who was a member of a local pension system and who\nreceives or received service credit therefor in this retirement system\npursuant to section forty-three of this chapter, and/or who renders or\nrendered military service, shall receive full credit under this section\nfor such service. In addition to credit for military service previously\ngranted or subsequently granted pursuant to other provisions of this\nchapter, credit for military service as defined in subparagraph (c) of\nparagraph eight of subdivision a of this section shall be granted upon\npayment by the member of both the amount of contributions which such\nmember would have been required to pay into the annuity savings fund and\nthe amount which the state would have been required to pay into the\npension accumulation fund if such service had been legislative service\npursuant to section eighty of this chapter. No credit shall be allowed\nfor military service if, but for the member's failure to avail himself\nof the privilege of transfer within the time and in the manner provided\nin section forty-three of this article, credit for such service could\nhave been obtained upon transfer from another retirement system pursuant\nto such section, nor shall such credit for military service as defined\nin subparagraph (c) of paragraph eight of subdivision a of this section\nbe allowed if application for such credit is made later than one year\nafter first becoming a member of the legislative and executive plan set\nforth in this section. Such contributions shall be paid in a lump sum or\nin such installments as the comptroller shall approve, and shall be\nreduced by the amount of applicable contributions, if any, made or\ntransferred to this retirement system under any section of this chapter\nfor such service.\n  f. 1. A legislative and executive member who discontinues service\nother than by death or retirement after March thirty-first, nineteen\nhundred sixty-eight and who has received credit for service on the basis\nof the plan contained in this section for at least ten years and who\ndoes not withdraw his contributions made prior to April first, nineteen\nhundred sixty shall be eligible to retire on the date when the member\nwould have otherwise been eligible to retire pursuant to subdivision d\nof this section had he continued in the service covered by this section,\nand shall receive a retirement allowance computed in accordance with the\nprovisions of paragraph two of this subdivision.\n  2. (a) Such vested retirement allowance shall consist of a pension for\ncreditable service prior to April first, nineteen hundred sixty which,\ntogether with an annuity, if any, which shall be the actuarial\nequivalent of his accumulated normal contributions attributable to the\nperiod prior to April first, nineteen hundred sixty and accumulated\ncontributions paid to receive credit for military service as defined in\nsubparagraph c of paragraph eight of subdivision a of this section,\nshall be sufficient to provide him with a retirement allowance equal to\none-fortieth of his final average salary for each year of such service.\n  For the purpose only of determining the amount of such pension\nprovided for in this subparagraph (a), the annuity shall be computed as\nit would be if it were not reduced by the actuarial equivalent of any\noutstanding loan, and if it were not increased by the actuarial\nequivalent of other than normal contributions, and if it were not\nreduced by reason of the legislative and executive member's election to\ndecrease his annuity contributions to the retirement system in order to\napply the amount of such reduction in payment of his contributions for\nold age and survivors insurance coverage.\n  (b) In addition, such vested retirement allowance shall include:\n  (1) an additional annuity which shall be the actuarial equivalent of\nhis accumulated contributions other than those required pursuant to\nsubparagraph a of paragraph two of this subdivision or made on and after\nApril first, nineteen hundred sixty, to this retirement system, or to a\nlocal pension system in the case of a member who transfers his\nmembership to this retirement system on and after such date pursuant to\nsection forty-three of this chapter, and\n  (2) an additional pension of one-fortieth of such member's final\naverage salary for each year of creditable service after April first,\nnineteen hundred sixty.\n  g. 1. Any legislative and executive member, who has vested rights\nunder subdivision f of this section, who terminates his employment as\nlieutenant-governor, comptroller, attorney-general, a senator, an\nassemblyman or an annual or session employee of the legislature, and who\nobtains other employment in the service of the state, a political\nsubdivision thereof or a public benefit corporation participating in\nthis retirement system or maintaining a local pension system from or to\nwhich a person may transfer pursuant to section forty-three of this\nchapter, may elect to continue to be a legislative and executive member\nand be covered by, and make contributions in accordance with, the\nprovisions of this section in the same manner as during his period of\nservice as lieutenant-governor, comptroller, attorney-general, a\nsenator, an assemblyman or an annual or session employee of the\nlegislature. In such case, notwithstanding the provisions of item (2) of\nsubparagraph (b) of paragraph two of subdivision d, and item (2) of\nsubparagraph (b) of paragraph two of subdivision f, the additional\npension earned under this subdivision g shall be computed by multiplying\nthe member's final average salary for each such year of service by the\nservice fraction applicable to the section of this chapter or local\npension system which otherwise would have been applicable to such\nmember.\n  2. Notwithstanding any general, special or local law, charter or code,\nany such member who makes the election provided in this subdivision\nshall not be eligible for membership in the local pension system\nmaintained by the political subdivision or public benefit corporation by\nwhich he is employed.\n  3. Every political subdivision or public benefit corporation which\nemploys any such member shall make contributions to this retirement\nsystem on behalf of such member equal to the amount of contributions\notherwise required of the political subdivision or public benefit\ncorporation by this retirement system in the case of a participating\nemployer, or by the local pension system in the case of a\nnon-participating employer. Such contributions shall be transferred to\nthis retirement system at such times and in such manner as shall be\nprescribed by the comptroller.\n  h. 1. No member shall be eligible to retire under the provisions of\nsubdivision d of this section unless he was a legislative and executive\nmember and/or elected to be continued as a legislative and executive\nmember pursuant to subdivision g of this section for at least three\nyears immediately prior to his date of retirement, or was a senator or\nassemblyman for at least two years immediately prior to his date of\nretirement.\n  2. No member shall be eligible to retire under the provisions of\nsubdivision f of this section unless he was a legislative and executive\nmember and/or elected to be continued as a legislative and executive\nmember pursuant to subdivision g of this section for at least three\nyears immediately prior to his discontinuance of service or was a\nsenator or assemblyman for at least two years immediately prior to his\ndiscontinuance of service.\n  i. Whenever any death benefit, based upon eligibility for retirement,\nis granted by any other provision of this chapter or any other law, any\nlegislative and executive plan member shall be considered to have been\neligible to retire after the completion of twenty years of creditable\nservice as defined in this section, including five years as a\nlegislative and executive member, notwithstanding any other requirement\ncontained in this section respecting minimum age for retirement.\n  j. On and after July first, nineteen hundred seventy-three, no person\nmay elect to be covered under the provisions of this section.\n  k. The provisions of this section shall be controlling notwithstanding\nany provision of this chapter to the contrary.\n
N.Y. ENV Law § 33-0901 — New York Code / Act ENV / Article 33 / Title 9 / Section 33-0901
Commercial permits
Status: in_force

§ 33-0901. Commercial permits.\n  1. A commercial permit is required for the distribution, sale, offer\nfor sale, purchase for the purpose of re-sale or possession for the\npurpose of re-sale of a restricted use pesticide.\n  2. Any person desiring such a permit shall file an application\ncontaining such information required by the commissioner and in a form\nprescribed by the commissioner. The commissioner shall examine the\napplication and shall issue or refuse to issue the permit requested\ntherein. The commissioner shall impose whatever restrictions or\nconditions on the permit he deems appropriate in order to fully protect\nthe public interest. Such a permit shall not be valid for more than two\nyears as determined by the commissioner. A separate permit is required\nfor each location in the state, and a fee for each location in the state\nof six hundred dollars is required.\n  3. Upon the sale by a commercial permit holder of a restricted use\npesticide to a purchase permit holder, the commercial permit holder\nshall cancel the permit in a manner to be prescribed by the\ncommissioner.\n  4. The holder of a commercial permit may purchase restricted use\npesticides for re-sale without being required to obtain and present a\npurchase permit, as provided for in section 33-0903.\n  5. The holder of a commercial permit must maintain and make available\nto the commissioner or his agents, for at least two years, accurate and\ndetailed records accounting for all restricted use pesticides acquired\nby him and disposed of by him, including, but not limited to dates,\nnames and addresses of all suppliers and the quantities acquired from\neach, and the names, addresses, permit numbers or certification\nidentification card numbers of all purchasers, and the quantities\npurchased by each.\n  6. The reasons for the denial of an application or revocation of a\ncommercial permit may include, but not be limited to, the commissioner\nbeing satisfied of one or more of the following:\n  a. That any statement in the application or upon which the permit was\nissued is or was false or misleading;\n  b. That the applicant or permit holder does not have adequate\nfacilities for the storage and distribution of restricted use\npesticides;\n  c. That the applicant or permit holder has engaged in fraudulent\nbusiness practices relating to the sale and distribution of pesticides;\n  d. That the applicant or permit holder has failed to comply with any\nprovision of subdivisions 1 through 5 inclusive of section 33-0303 and\ntitles 5, 7, 11, 13 and 15 of this article or rules and regulations of\nthe department made pursuant thereto; or\n  e. That the applicant or permit holder has failed to demonstrate that\nhe has sufficient knowledge and experience concerning the proper use and\napplication of pesticides.\n  7. A formal hearing shall not be required and the commissioner's\ndecision in denying or revoking a permit shall be final unless the\napplicant or permit holder institutes a review within the time and in\nthe manner prescribed by article 78 of the Civil Practice Law and Rules.\n
N.Y. SOS Law § 336-C — New York Code / Act SOS / Article 5 / Title 9-B / Section 336-C
Work experience
Status: in_force

§ 336-c. Work experience. 1. (a) Work experience programs meeting\nstate and federal requirements may be established by social services\ndistricts.\n  (b) Work experience programs may include the performance of work for a\nfederal office or agency, county, city, village or town or for the state\nor in the operation of or in an activity of a nonprofit agency or\ninstitution, in accordance with the regulations of the department.\n  2. A recipient may be assigned to participate in such work experience\nprogram only if:\n  (a) appropriate federal and state standards of health, safety and\nother work conditions are maintained;\n  (b) The number of hours a participant in work experience activities\nauthorized pursuant to this section shall be required to work in such\nassignment shall not exceed a number which equals the amount of\nassistance payable with respect to such individual (inclusive of the\nvalue of food stamps received by such individual, if any) divided by the\nhigher of (a) the federal minimum wage provided that such hours shall be\nlimited as set forth in subdivision four of section three hundred\nthirty-six of this title, or (b) the state minimum wage;\n  (c) such recipients are provided appropriate workers' compensation or\nequivalent protection for on-the-job injuries and tort claims protection\non the same basis, but not necessarily at the same benefit level, as\nthey are provided to other persons in the same or similar positions,\nwhile participating in work experience activities under this section;\n  (d) the project to which the participant is assigned serves a useful\npublic purpose in fields such as health, social services, environmental\nprotection, education, urban and rural development and redevelopment,\nwelfare, recreation, operation of public facilities, public safety, and\nchild day care;\n  (e) such assignment would not result in (i) the displacement of any\ncurrently employed worker or loss of position (including partial\ndisplacement such as reduction in the hours of non-overtime work, wages\nor employment benefits) or result in the impairment of existing\ncontracts for services or collective bargaining agreements; (ii) the\nemployment or assignment of a participant or the filling of a position\nwhen any other person is on layoff from the same or any equivalent\nposition or the employer has terminated the employment of any regular\nemployee or otherwise reduced its workforce with the effect of filling\nthe vacancy so created with a participant assigned pursuant to this\nsection; (iii) any infringement of the promotional opportunities of any\ncurrent employed person; or (iv) the performance, by such participant,\nof a substantial portion of the work ordinarily and actually performed\nby regular employees; or (v) the loss of a bargaining unit position as a\nresult of work experience participants performing, in part or in whole,\nthe work normally performed by the employee in such position;\n  (f) such assignment is not at any work site at which the regular\nemployees are on a legal strike against the employer or are being\nsubjected to lock out by the employer.\n  3. The public employer shall publish on a monthly basis a report\nsummarizing the employer's work experience program for the month. Such\nmonthly report shall include, at a minimum, summary information\nregarding the agencies or departments where participants are assigned,\nwork locations, job duties and assignments, hours worked and period\nworked and shall be provided to the certified collective bargaining\nrepresentative and may not be disclosed to any other party. Such\ncertified collective bargaining representative shall take reasonable\nsteps to protect the confidentiality of such information and shall take\nreasonable steps to prevent disclosure of same to non-authorized\npersons. Every report provided pursuant to this section shall contain a\nwarning against re-disclosure and asserting the confidentiality of the\ninformation therein provided.\n  4. In assigning a recipient who is a non-graduate student attending\nCUNY, SUNY or other approved non-profit education, training or\nvocational rehabilitation agency, the social services district must,\nafter consultation with officials of CUNY, SUNY or other non-profit\neducation, training or vocational rehabilitation agency, assign the\nstudent to a work site on campus, where the recipient is enrolled, and\nshall not unreasonably assign the student to hours that conflict with\nthe student's academic schedule, if an approved work experience\nassignment is available. Where such work experience assignment is not\navailable, the social services district shall, to the extent possible,\nassign the student to a work site within reasonable proximity to the\ncampus where the recipient is enrolled and shall not unreasonably assign\nthe student to hours that conflict with the student's academic schedule.\nProvided, however, in order to qualify for a work experience assignment\non-campus, or in close proximity to campus, a student must have a\ncumulative C average, or its equivalent. The district may waive the\nrequirement that the student have a cumulative C average or its\nequivalent for undue hardship based on: (i) the death of a relative of\nthe student; (ii) the personal injury or illness of the student; or\n(iii) other extenuating circumstances.\n
N.Y. VAT Law § 1800 — New York Code / Act VAT / Title 9 / Article 45 / Section 1800
Penalties for traffic infractions
Status: in_force

§ 1800. Penalties for traffic infractions. (a) It is a traffic\ninfraction for any person to violate any of the provisions of this\nchapter or of any local law, ordinance, order, rule or regulation\nadopted pursuant to this chapter, unless such violation is by this\nchapter or other law of this state declared to be a misdemeanor or a\nfelony.\n  (b) 1. Every person convicted of a traffic infraction for a violation\nof any of the provisions of this chapter or of any ordinance, order,\nrule or regulation adopted pursuant to section sixteen hundred thirty or\nsixteen hundred thirty-one of this chapter for which another penalty is\nnot provided shall for a first conviction thereof be punished by a fine\nof not more than one hundred fifty dollars or by imprisonment for not\nmore than fifteen days or by both such fine and imprisonment; for a\nconviction of a second violation, both of which were committed within a\nperiod of eighteen months, such person shall be punished by a fine of\nnot more than three hundred dollars or by imprisonment for not more than\nforty-five days or by both such fine and imprisonment; upon a conviction\nof a third or subsequent violation, all of which were committed within a\nperiod of eighteen months, such person shall be punished by a fine of\nnot more than four hundred fifty dollars or by imprisonment for not more\nthan ninety days or by both such fine and imprisonment, except that a\nperson convicted of a traffic infraction for a violation of paragraph\none of subdivision (d) of section one thousand one hundred eleven of\nthis chapter outside of a city having a population of one million or\nmore shall, for a first conviction thereof, be punished by a fine of not\nless than seventy-five dollars nor more than two hundred twenty-five\ndollars or by imprisonment for not more than fifteen days or by both\nsuch fine and imprisonment; for a conviction of a second violation, both\nof which were committed within a period of eighteen months, such person\nshall be punished by a fine of not less than one hundred fifty dollars\nnor more than three hundred seventy-five dollars or by imprisonment for\nnot more than forty-five days or by both such fine and imprisonment;\nupon a conviction of a third or subsequent violation, all of which were\ncommitted within a period of eighteen months, such person shall be\npunished by a fine of not less than three hundred seventy-five dollars\nnor more than six hundred seventy-five dollars or by imprisonment for\nnot more than ninety days or by both such fine and imprisonment except\nthat a person convicted for a violation of paragraph one of subdivision\n(d) of section one thousand one hundred eleven of this chapter shall,\nfor a first conviction thereof, be punished by a fine of not less than\none hundred fifty dollars nor more than four hundred fifty dollars or by\nimprisonment for not more than fifteen days or by both such fine and\nimprisonment; for a conviction of a second violation, both of which were\ncommitted within a period of eighteen months, such person shall be\npunished by a fine of not less than three hundred dollars nor more than\nseven hundred fifty dollars or by imprisonment for not more than\nforty-five days or by both such fine and imprisonment; upon a conviction\nof a third or subsequent violation, all of which were committed within a\nperiod of eighteen months, such person shall be punished by a fine of\nnot less than seven hundred fifty dollars nor more than one thousand\nfive hundred dollars or by imprisonment for not more than ninety days or\nby both such fine and imprisonment.\n  2. Notwithstanding the provisions of paragraph one of this\nsubdivision, a person convicted of a traffic infraction for a violation\nof paragraph two of subdivision (b) of section twelve hundred two of\nthis chapter shall for a first conviction thereof be punished by a fine\nof not more than four hundred dollars or by imprisonment for not more\nthan fifteen days or by both such fine and imprisonment. Upon a\nconviction for a second violation, both of which were committed within a\nperiod of eighteen months, such person shall be punished by a fine of\nnot more than six hundred dollars or by imprisonment for not more than\nforty-five days or by both such fine and imprisonment; upon a conviction\nof a third or subsequent violation, all of which were committed within a\nperiod of eighteen months, such person shall be punished by a fine of\nnot more than seven hundred fifty dollars or by imprisonment for not\nmore than ninety days or by both such fine and imprisonment.\n  (c) Every person convicted of a traffic infraction for a violation of\nany local law, ordinance, order, rule, regulation or administrative code\nprovision adopted pursuant to this chapter by any local authority or\ncontinued in effect by this chapter, except those adopted pursuant to\nsections sixteen hundred thirty and sixteen hundred thirty-one, shall be\npunished in the same manner as has heretofore been prescribed by law\nunless or until otherwise prescribed by local law, ordinance or state\nstatute.\n  (d) A conviction of violation of any provision of this chapter shall\nnot be a bar to a prosecution for an assault or for a homicide committed\nby any person in operating a motor vehicle or motorcycle.\n  (e) Every person convicted of a violation of the provisions of section\neleven hundred forty-four of this chapter shall for a first conviction\nthereof be punished by a fine of not more than two hundred seventy-five\ndollars or by imprisonment for not more than fifteen days or by both\nsuch fine and imprisonment. For a conviction of a second violation, both\nof which were committed within a period of eighteen months, such person\nshall be punished by a fine of not more than four hundred fifty dollars\nor by imprisonment for not more than forty-five days or by both such\nfine and imprisonment. For a conviction of a third violation and all\nsubsequent violations, all of which were committed within a period of\neighteen months, such person shall be punished by a fine of not more\nthan seven hundred fifty dollars or by imprisonment for not more than\nninety days or by both such fine and imprisonment.\n  (f) Every person convicted of operating a truck, tractor or\ntractor-trailer combination having a total gross weight in excess of ten\nthousand pounds in violation of a local law, ordinance, rule or\nregulation enacted by the legislative body of any city with a population\nin excess of one million pursuant to the provisions of paragraph ten of\nsubdivision (a) of section sixteen hundred forty of this chapter shall,\nfor a first offense thereof, be punished by a fine of not less than two\nhundred dollars nor more than five hundred dollars or by imprisonment\nfor not more than fifteen days or by both such fine and imprisonment.\nFor a conviction of a second violation, both of which were committed\nwithin a period of eighteen months, such person shall be punished by a\nfine of not less than five hundred dollars nor more than one thousand\ndollars or by imprisonment for not more than forty-five days or by both\nsuch fine and imprisonment. For a conviction of a third violation and\nall subsequent violations, all of which were committed within a period\nof eighteen months, such person shall be punished by a fine of not less\nthan one thousand dollars nor more than two thousand dollars, or by\nimprisonment for not more than ninety days or by both such fine and\nimprisonment.\n  (g) Notwithstanding the provisions of subdivisions (b) and (c) of this\nsection, a person convicted of a traffic infraction for a violation of\nany ordinance, order, rule, regulation or local law adopted pursuant to\none or more of the following provisions of this chapter: paragraphs two\nand nine of subdivision (a) of section sixteen hundred twenty-one;\nsubdivision three of section sixteen hundred thirty; or subdivision five\nof section seventy-one of the transportation law, prohibiting the\noperation on a highway or parkway of a motor vehicle registered as a\ncommercial vehicle and having a gross vehicle weight rating of less than\nten thousand pounds shall, for a first conviction thereof, be punished\nby a fine of not more than two hundred fifty dollars or by imprisonment\nof not more than fifteen days or by both such fine and imprisonment; for\na conviction of a second violation, both of which were committed within\na period of eighteen months, such person shall be punished by a fine of\nnot more than five hundred dollars or by imprisonment for not more than\nforty-five days or by both such fine and imprisonment; upon a conviction\nof a third or subsequent violation, all of which were committed within a\nperiod of eighteen months, such person shall be punished by a fine of\nnot more than seven hundred fifty dollars or by imprisonment of not more\nthan ninety days or by both such fine and imprisonment. Provided,\nhowever, the provisions of this subdivision shall not apply to a\ncommercial motor vehicle as such term is defined in paragraph (a) of\nsubdivision four of section five hundred one-a of this chapter.\n  (h) Notwithstanding the provisions of subdivisions (b) and (c) of this\nsection, a person convicted of a traffic infraction for a violation of\nany ordinance, order, rule, regulation or local law adopted pursuant to\none or more of the following provisions of this chapter: paragraphs two\nand nine of subdivision (a) of section sixteen hundred twenty-one;\nsubdivision three of section sixteen hundred thirty; or subdivision five\nof section seventy-one of the transportation law, prohibiting the\noperation on a highway or parkway of a motor vehicle registered as a\ncommercial vehicle and having a gross vehicle weight rating of at least\nten thousand pounds but no more than twenty-six thousand pounds shall,\nfor a first conviction thereof, be punished by a fine of not more than\nthree hundred fifty dollars or by imprisonment of not more than fifteen\ndays or by both such fine and imprisonment; for a conviction of a second\nviolation, both of which were committed within a period of eighteen\nmonths, such person shall be punished by a fine of not more than seven\nhundred dollars or by imprisonment for not more than forty-five days or\nby both such fine and imprisonment; upon a conviction of a third or\nsubsequent violation, all of which were committed within a period of\neighteen months, such person shall be punished by a fine of not more\nthan one thousand dollars or by imprisonment of not more than ninety\ndays or by both such fine and imprisonment; provided, however, the\nprovisions of this subdivision shall not apply to a commercial motor\nvehicle as such term is defined in paragraph (a) of subdivision four of\nsection five hundred one-a of this chapter.\n  (i) Notwithstanding the provisions of subdivisions (b) and (c) of this\nsection, a person convicted of a traffic infraction for a violation of\nany ordinance, order, rule, regulation or local law adopted pursuant to\none or more of the following provisions of this chapter: paragraphs two\nand nine of subdivision (a) of section sixteen hundred twenty-one;\nsubdivision three of section sixteen hundred thirty; or subdivision five\nof section seventy-one of the transportation law, prohibiting the\noperation on a highway or parkway of a commercial motor vehicle as\ndefined in paragraph (a) of subdivision four of section five hundred\none-a of this chapter, for a first conviction thereof, be punished by a\nfine of not more than seven hundred dollars or by imprisonment of not\nmore than fifteen days or by both such fine and imprisonment; for a\nconviction of a second violation, both of which were committed within a\nperiod of eighteen months, such person shall be punished by a fine of\nnot more than one thousand five hundred dollars or by imprisonment for\nnot more than forty-five days or by both such fine and imprisonment;\nupon a conviction of a third or subsequent violation, all of which were\ncommitted within a period of eighteen months, such person shall be\npunished by a fine of not more than two thousand dollars or by\nimprisonment of not more than ninety days or by both such fine and\nimprisonment.\n
N.Y. PBA Law § 1884 — New York Code / Act PBA / Article 8 / Title 9 / Section 1884
Zero-emission bus roadmap
Status: in_force

§ 1884. Zero-emission bus roadmap. 1. The authority, in consultation\nwith the department of public service and the department of\ntransportation, shall create a zero-emission public transportation\nsystem and school bus roadmap for the state which shall identify the\nactions needed to meet the fleet sales and conversion targets\nestablished in section thirty-six hundred thirty-eight of the education\nlaw. The roadmap shall include but not be limited to: (a) financial and\ntechnical guidance related to the purchasing, retrofitting, operation,\nand maintenance of zero-emission buses; (b) an identification and siting\nplan for charging and fueling infrastructure; (c) an identification of\nthe necessary investments in the electric transmission and distribution\ngrid; (d) an identification of how to ensure related facility upgrades\nare coordinated to maximize the cost effectiveness and overall system\nreliability; (e) the available federal, state, and local funding to\npurchase or lease zero-emission buses or convert existing buses to\nzero-emissions; (f) an identification of new incentives and programs to\nadvance the deployment and adoption of zero-emission buses; and (g)\nstreamlining actions to facilitate the conversion of public\ntransportation systems and school bus fleets.\n  2. The authority shall convene a technical advisory group made up of\ndiverse stakeholders to provide the authority with relevant technical,\npolicy, and market expertise. The authority shall further develop a\nstakeholder engagement process to solicit feedback on the roadmap and\nraise consumer awareness and education across the state.\n  3. The authority shall report its findings and any recommendations to\nthe governor, the temporary president of the senate, and the speaker of\nthe assembly no later than one year after the effective date of this\nsection. The roadmap shall be updated every three years and made\npublicly available on the authority's website.\n
N.Y. PBA Law § 366 — New York Code / Act PBA / Article 2 / Title 9 / Section 366
Guaranty by the state
Status: in_force

§ 366. Guaranty by the state. 1. To the extent authorized by the\nconstitution at the time of the issuance of notes or bonds, the punctual\npayment of the notes and bonds shall be, and the same hereby is, fully\nand unconditionally guaranteed by the state, both as to principal and\ninterest, according to their terms; and such guaranty shall be expressed\nupon the face thereof by the signature or facsimile signature of the\ncomptroller or a deputy comptroller. In the event that the authority\nshall fail to pay when due, the principal of, or interest on, the notes\nor bonds, the comptroller shall pay the holder thereof, and thereupon\nthe state shall be subrogated to the rights of the noteholders or\nbondholders so paid.\n  2. The authority shall have power to issue notes and bonds without the\nguaranty of the state and may issue such notes or bonds before and after\nthe issuance of notes or bonds so guaranteed.\n  3. When guaranteed notes or guaranteed bonds are outstanding, notes or\nbonds secured by a pledge of receipts or revenues having priority over\nsuch outstanding guaranteed notes or guaranteed bonds shall not be\nissued, except with the consent of the comptroller, and unless the\nauthority shall by resolution first find and determine that,\nnotwithstanding such pledge, the authority will have adequate means to\nmeet its obligations to the holders of such outstanding guaranteed notes\nor bonds.\n  4. When notes or bonds are outstanding secured by a pledge of receipts\nor revenues, guaranteed notes or bonds either unsecured, or secured by a\npledge of receipts or revenues subordinate to the pledge securing such\noutstanding notes or bonds, shall not be issued unless the authority\nshall first find and determine by resolution that notwithstanding the\npledge securing such outstanding notes or bonds, the authority will have\nadequate means to meet its obligations on the guaranteed notes or bonds\nabout to be issued.\n
N.Y. ENV Law § 37-0905 — New York Code / Act ENV / Article 37 / Title 9 / Section 37-0905
Chemicals of concern and high-priority chemicals
Status: in_force

§ 37-0905. Chemicals of concern and high-priority chemicals.\n  1. Chemicals of concern.\n  (a) Within two years of the effective date of this title, the\ndepartment, in consultation with the department of health, shall\npromulgate a list of chemicals of concern. A chemical may be listed as a\nchemical of concern if it has been identified by a government entity\nand/or identified on the basis of credible scientific evidence as being:\n  (i) a carcinogen, reproductive or developmental toxicant,\nneurotoxicant, asthmagen, or endocrine disruptor;\n  (ii) persistent, bioaccumulative and toxic; or\n  (iii) very persistent and very bioaccumulative.\n  (b) The department shall review lists codified or promulgated in other\nstates as chemicals of concern to determine if such chemicals meet the\ncriteria of paragraph (a) of this subdivision. The department at a\nminimum shall consider:\n  (i) 1,1,2,2-Tetrachloroethane (CAS 79-34-5)\n  (ii) 1,1,3,3-Tetramethyl-4-butylphenol; 4-tert-octylphenol (CAS\n140-66-9)\n  (iii) 1,4-Dioxane (CAS 123-91-1)\n  (iv) 2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl ether; BDE-209 (CAS\n1163-19-5)\n  (v) 2,4-Diaminotoluene (CAS 95-80-7)\n  (vi) 2-Aminotoluene (CAS 95-53-4)\n  (vii) 2-Ethylhexanoic acid (CAS 149-57-5)\n  (viii) 2-Ethyl-hexyl-2, 3, 4, 5 tetrabromobenzoate (TBB) (CAS\n183658-27-7)\n  (ix) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5466-77-3)\n  (x) 2-Methoxyethanol (CAS 109-86-4)\n  (xi) 3,3'-Dimethylbenzidine and dyes metabolized to\n3,3'-Dimethylbenzidine (CAS 119-93-7)\n  (xii) 4-Nonylphenol; 4-NP and its isomer mixtures including CAS\n84852-15-3 and CAS 25154-52-3 (CAS 104-40-5)\n  (xiii) Acetaldehyde (CAS 75-07-0)\n  (xiv) Acrylonitrile (CAS 107-13-1)\n  (xv) Aniline (CAS 62-53-3)\n  (xvi) Antimony & antimony compounds (CAS 7440-36-0)\n  (xvii) Arsenic & arsenic compounds (CAS 7440-38-2) including arsenic\ntrioxide & dimethyl arsenic (CAS 75-60-5)\n  (xviii) Asbestos (CAS 1332-21-4)\n  (xix) Benzene (CAS 71-43-2)\n  (xx) Benzene, pentachloro (CAS 608-93-5)\n  (xxi) Benzophenone-2 (BP-2); 2,2',4,4'-tetrahydroxybenzophenone (CAS\n131-55-5)\n  (xxii) Bis(2-ethylhexyl) tetrabromophtalate (TBPH) (CAS 26040-51-7)\n  (xxiii) Bis(chloromethyl) propane-1-3-diyltetrakis-(2-chloroethyl)\nbis(phosphate)(V6)(CAS 38051-10-4)\n  (xxiv) Bisphenol A (CAS 80-05-7)\n  (xxv) Bisphenol F (CAS 620-92-8)\n  (xxvi) Bisphenol S (CAS 80-09-1)\n  (xxvii) Butyl benzyl phthalate (BBP) (CAS 85-68-7)\n  (xxviii) Butylated Hydroxyanisole; (BHA) (CAS 25013-16-5)\n  (xxix) C.I. solvent yellow 14 (CAS 842-07-9)\n  (xxx) Cadmium & cadmium compounds (CAS 7440-43-9)\n  (xxxi) Carbon disulfide (CAS 75-15-0)\n  (xxxii) Chlorinated paraffins (CAS 108171-26-2)\n  (xxxiii) Cobalt & cobalt compounds (CAS 7440-48-4)\n  (xxxiv) Decabromodiphenyl ethane (DBPE) (CAS 84852-53-9)\n  (xxxv) Di-2-ethylhexyl phthalate (CAS 117-81-7)\n  (xxxvi) Di-(2-methoxyethyl) phthalate (DMEP) (CAS 117-82-8)\n  (xxxvii) Dicyclohexyl phthalate (DCHP) (CAS 84-61-7)\n  (xxxviii) Diethyl phthalate (CAS 84-66-2)\n  (xxxix) Diisobutyl phthalate (DIBP) (CAS 84-69-5)\n  (xl) Di-n-hexyl phthalate (CAS 84-75-3)\n  (xli) Di-n-octyl phthalate (DNOP) (CAS 117-84-0)\n  (xlii) Dipentyl phthalate (DPP) (CAS 131-18-0)\n  (xliii) Ethylene glycol (CAS 107-21-1)\n  (xliv) Ethylene glycol monoethyl ester (CAS 110-80-5)\n  (xlv) Ethyl hexyl d-phenol phosphate (EHDPP) (CAS 1241-94-7)\n  (xlvi) Formaldehyde (CAS 50-0-0)\n  (xlvii) Hexabromocyclododecane (HBCD) (CAS 25637-99-4)\n  (xlviii) Hexachlorobenzene (CAS 118-74-1)\n  (xlix) Hexachlorobutadiene (CAS 87-68-3)\n  (l) Isopropylated triphenyl phosphate (IPTPP) (CAS 68437-41-7)\n  (li) Mercury & mercury compounds (CAS 7439-97-6) including methyl\nmercury (CAS 22967-92-6)\n  (lii) Methyl ethyl ketone (CAS 78-93-3)\n  (liii) Methyl paraben (CAS 99-76-3)\n  (liv) Methylene chloride (CAS 75-09-2)\n  (lv) N-methylpyrrolidone (CAS 872-50-4)\n  (lvi) Nickel and nickel compounds (CAS N/A)\n  (lvii) N-nitrosodimethylamine (CAS 62-75-9)\n  (lviii) N-nitrosodiphenylamine (CAS 86-30-6)\n  (lvix) Perchloroethylene (CAS 127-18-4)\n  (lx) Perfluorooctanoic acid (PFOA & related substances) (CAS 335-67-1)\n  (lxi) Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS\n1763-23-1)\n  (lxii) Phenol (CAS 108-95-2)\n  (lxiii) Phenol, 4-octyl- (CAS 1806-26-4)\n  (lxiv) P-hydroxybenzoic acid (CAS 99-96-7)\n  (lxv) Propyl paraben (CAS 94-13-3)\n  (lxvi) Styrene (CAS 100-42-5)\n  (lxvii) Tetrabromobisphenol A (CAS 79-94-7)\n  (lxviii)Tetrachloroethene (CAS 127-18-4)\n  (lxix) Toluene (CAS 108-88-3)\n  (lxx) Tricresyl phosphate (TCP) (CAS 1330-78-5)\n  (lxxi) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8)\n  (lxxii) Triphenyl phosphate (TPP) (CAS 115-86-6)\n  (lxxiii) Tris(1-chloro-2-propyl) phosphate (TCPP) (CAS 13674-84-5)\n  (lxxiv) Tris(2-chloroethyl) phosphate (CAS 115-96-8)\n  (lxxv) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7)\n  (lxxvi) Vinyl chloride (CAS 75-01-4)\n  (lxxvii) Organohalogen flame retardants\n  (c) The department, in consultation with the department of health,\nshall periodically review the list of chemicals of concern and may\nthrough regulation add or remove a chemical from the list on the basis\nof credible scientific evidence. The department may remove a chemical\nfrom the list of chemicals of concern if, upon review, it determines on\nthe basis of credible scientific evidence that such chemical no longer\nmeets the criteria for listing under paragraph (a) of this subdivision.\n  2. High-priority chemicals. (a) The following chemicals are designated\nhigh priority chemicals for purposes of this title:\n  (i) Tris (1, 3 dichloro-2-propyl) phosphate (CAS 13674-87-8)\n  (ii) Benzene (CAS 71-43-2)\n  (iii) Mercury and mercury compounds, including methyl mercury (CAS\n7439-97-6)\n  (iv) Asbestos (CAS 1332-21-4)\n  (v) Arsenic and arsenic compounds (CAS 7440-38-2) including arsenic\ntrioxide (CASRN 1327-53-3) and dimethyl arsenic (CASRN 75-60-5)\n  (vi) Cadmium (CAS 7440-43-9) (other than toy coatings)\n  (vii) Organohalogen flame retardants in upholstered bedding or\nfurniture\n  (b) The department shall periodically review the list of high priority\nchemicals and may by rule add to the list of high-priority chemicals if\nthe criteria of paragraph (a) of subdivision one of this section are met\nand the chemical is present in a children's product and meets any of the\nfollowing criteria:\n  (i) The chemical or its metabolites have been found through\nbiomonitoring to be present in humans;\n  (ii) The chemical has been found through sampling and analysis to be\npresent in household dust, indoor air, drinking water or elsewhere in\nthe home environment;\n  (iii) The chemical has been found through monitoring to be present in\nfish, wildlife or the natural environment; or\n  (iv) The sale or use of the chemical or a children's product\ncontaining the chemical has been banned in another state or states\nwithin the United States because of the health effects of such chemical\nor the children's product safety council established pursuant to section\n37-0911 of this title has recommended the chemical be listed as a\nhigh-priority chemical. The department shall, as part of its periodic\nreview, consider whether the sale or use of a chemical or a children's\nproduct containing the chemical has been banned in another state or\nwithin the United States because of the health effects of such chemical.\n  (c) The department, in consultation with the department of health, may\nremove a chemical from the list of high priority chemicals if it\ndetermines on the basis of credible scientific evidence that such\nchemical no longer meets the criteria of paragraph (b) of this\nsubdivision.\n
N.Y. ENV Law § 11-0925 — New York Code / Act ENV / Article 11 / Title 9 / Section 11-0925
Special dog training areas
Status: in_force

§ 11-0925. Special dog training areas.\n  1. a. A dog owner or trainer may establish and maintain a special dog\ntraining area on land which the owner or trainer owns or has legal\ncontrol.\n  b. The operator of a special dog training area may at any time during\nthe year train the operator's own dogs or the dogs of other persons on\nsuch area, and permit others to train dogs. The operator may hold field\ntrials on wild game, or on liberated game, or on liberated artificially\npropagated game, or on led or confined game, or may in writing permit\nothers to hold such trials, under such conditions as shall be agreed\nupon by the operator and such other person; but no game shall be taken\nby shooting at such field trial. No persons shall, on a special dog\ntraining area, train a dog, hold a field trial, enter accompanied by a\ndog, or permit a dog of which he is the owner or trainer to enter,\nexcept as provided in this section or in rules adopted pursuant hereto.\nA permit from the department must be obtained before liberation of any\nwildlife, and such a permit may be withheld if, in the opinion of the\ndepartment, granting it would endanger the health of native wildlife\nspecies.\n  2. The department may adopt rules regulating the use of special dog\ntraining areas.\n  3. No person shall hunt on a special dog training area except as\nprovided in this section or rules adopted pursuant thereto. The owner of\nthe lands may hunt unprotected wildlife thereon at any time, and the\nowner of the land and others authorized by such owner may hunt deer\nthereon during the open season but at no other time.\n
N.Y. PBA Law § 1225-J — New York Code / Act PBA / Article 5 / Title 9-A / Section 1225-J
Federal, state and other aid
Status: in_force

§ 1225-j. Federal, state and other aid. Subject to the provisions of\nchapter ten hundred seventy-three of the laws of nineteen hundred\nsixty-nine as amended by a chapter of the laws of nineteen hundred\nseventy-two, in the event that the transportation authority receives\nstate or federal or other aid for a transit facility which defrays or\nreimburses expenditures paid for by the city or the fund or made out of\nthe proceeds of bonds or notes of the transportation authority secured\nby and payable from rental or other payments receivable from the fund,\nthe transportation authority shall forthwith pay over to the city the\nentire amount of such aid unless a lease or other agreement between the\nfund and the transportation authority shall provide otherwise.\n  For the purposes of any law conditioning the receipt of state aid for\na transit facility on the appropriation, payment or expenditures by the\ncity of a local share of the cost of such transit facility, the proceeds\nof bonds or notes issued by the transportation authority and secured by\nand payable from a pledge of payments or rentals receivable from the\nfund pursuant to any lease or other agreement between the fund and the\ntransportation authority shall be counted toward the fulfillment of such\nlocal share.\n
N.Y. RSS Law § 371-A — New York Code / Act RSS / Article 8 / Title 9 / Section 371-A
Optional retirement at age fifty-five; new plan
Status: in_force

§ 371-a. Optional retirement at age fifty-five; new plan. a. Any\nmember of the police and fire retirement system, who has not by\nvoluntary election on or after April first, nineteen hundred sixty-seven\nwithdrawn the excess contributions authorized by subdivision d of this\nsection, by written notice duly acknowledged and filed with the\ncomptroller on or before December thirty-first, nineteen hundred\nsixty-seven or within one year after he or she last became a member,\nwhichever is later, may elect to contribute pursuant to this section on\nthe basis of retirement at age fifty-five. After such election the\nmember shall contribute pursuant to this section at the higher rate\ndetermined in accordance with this subdivision. Such higher rate shall\nbe determined by the actuary upon the basis of tables adopted by the\ncomptroller and regular interest.  Such higher rate shall consist of the\nmember's rate of normal contribution plus an additional rate. Such\nhigher rate shall be computed as the constant proportion of annual\ncompensation which, when deducted from each payment of such member's\nprospective earnable compensation from the time when he or she last\nbecame a member until he or she shall attain age fifty-five, would\nprovide, at such latter time, an annuity equal to one-one hundred\ntwentieth of his or her final average salary for each year of member\nservice rendered or which he or she will have rendered prior to his or\nher attainment of age fifty-five and for which he or she shall be\nentitled to credit. Such higher rate of contribution of a member who is\nover age fifty-four, at the time of his or her last becoming a member,\nshall be the same as if his or her age were fifty-four. Where a member\nelects to contribute pursuant to this section, contributions at such\nhigher rate shall be made from May fifteenth, nineteen hundred\nsixty-seven or from the date he or she last became a member, whichever\nis later.\n  Such member's rate of contribution pursuant to this section shall be\nappropriately reduced pursuant to section three hundred seventy-a of\nthis article for such period of time as his employer contributes\npursuant to such section toward\npensions-providing-for-increased-take-home-pay provided, however, that\nsuch member may by written notice duly acknowledged and filed with the\ncomptroller make an election to waive such reduction as provided by\nsubdivision j of section three hundred twenty-one of this article. One\nyear or more after the filing thereof, a member may withdraw any such\nelection by written notice duly acknowledged and filed with the\ncomptroller.\n  b. In addition to the contributions required by subdivision a, a\nmember who elects to contribute pursuant to this section shall\ncontribute also toward the deficiency in his contributions on account of\npast member service rendered by him. The amount of such deficiency shall\nbe certified by the actuary and shall be computed as the actuarial\nequivalent of the additional contributions which such member would have\nmade on account of his past member service if his higher rate of\ncontribution, determined pursuant to subdivision a of this section, had\nbeen in effect during the period of such past member service. A member\nmay pay the amount of such deficiency in a lump sum or in such\ninstallments as the comptroller shall approve. Any member may make one\nor more cash payments of one hundred dollars, or any multiple thereof,\non account of such deficiency. Any member may by written notice duly\nacknowledged and filed with the comptroller authorize and require\npayroll deductions of ten dollars each, or any multiple thereof, to be\nmade on account of such deficiency. One year or more after the filing\nthereof any such notice may be withdrawn by written notice duly\nacknowledged and filed with the comptroller.\n  c. Notwithstanding any inconsistent provision of sections three\nhundred seventy-one or three hundred seventy-two of this article, any\nmember who is contributing to the retirement system on the basis of\nretirement at age fifty-five pursuant to such sections and who, on or\nbefore December thirty-first, nineteen hundred sixty-seven, withdraws\nsuch election for the purpose of making an election to contribute on the\nbasis of retirement at age fifty-five pursuant to this section, shall\ncontribute pursuant to this section, provided such withdrawal and\nelection is by written notice duly acknowledged and filed with the\ncomptroller. The additional contributions made by any such member\npursuant to sections three hundred seventy-one or three hundred\nseventy-two plus the regular interest thereon shall be applied to the\npayment of the deficiency in contributions certified by the actuary\npursuant to subdivision b of this section. The amount of such additional\ncontributions plus the regular interest thereon which is in excess of\nthe amount necessary to pay such deficiency may be withdrawn by the\nmember at any time prior to retirement.\n  d. One year or more after the filing thereof, a member may withdraw\nhis election to contribute pursuant to this section on the basis of\nretirement at age fifty-five. Such withdrawal shall be by written notice\nduly acknowledged and filed with the comptroller. Such member thereafter\nshall contribute on the basis of his rate of normal contribution. Such\nmember, upon application at any time prior to retirement and with the\napproval of the comptroller, shall be entitled to a refund of the amount\nof his contributions and regular interest thereon which is in excess of\nthe amount of the accumulated contributions which he would then have to\nhis credit had he been contributing on the basis of his rate of normal\ncontribution.\n  e. The provisions of this section shall be controlling notwithstanding\nany provisions in this article to the contrary.\n
N.Y. RSS Law § 375-D — New York Code / Act RSS / Article 8 / Title 9 / Section 375-D
Guaranteed retirement benefits for state employees
Status: in_force

§ 375-d. Guaranteed retirement benefits for state employees.  a. 1. A\nmember of the retirement system in the employ of the state on or after\nJanuary first, nineteen hundred sixty-eight and prior to April first,\nnineteen hundred sixty-eight who retires from such employ on or after\nApril first, nineteen hundred sixty-eight, and who is entitled to a\npension pursuant to subdivision b of section three hundred\nseventy-five-c of this chapter, shall receive such an additional pension\nfor member service rendered on or after April first, nineteen hundred\nthirty-eight and prior to April first, nineteen hundred sixty, as will\nprovide, when added to the pension provided pursuant to paragraph two,\nsubdivision b of section three hundred seventy-five-c, and the annuity\nwhich is the actuarial equivalent of the member's accumulated\ncontributions attributable to such period, computed on the basis of his\nrate of normal contribution, a retirement allowance of one-sixtieth of\nfinal average salary for each year of such service. Such annuity shall\nbe computed as it would be if it were not reduced by the actuarial\nequivalent of any outstanding loan nor by reason of the member's\nelection to decrease his contributions toward retirement in order to\napply the resulting amount toward payment of contributions for old age\nand survivors insurance coverage.\n  2. The additional pension provided under this section shall not be\nincluded in computing any pension reserve payable pursuant to the\nprovisions of section three hundred sixty of this chapter.\n  3. Any accumulated contributions in excess of the amount required to\nprovide the annuity computed pursuant to paragraph one of subdivision a\nof this section shall be used to increase the member's retirement\nallowance.\n  b. A member of the retirement system not in the employ of the state on\nor after January first, nineteen hundred sixty-eight and prior to April\nfirst, nineteen hundred sixty-eight, who thereafter enters or re-enters\nsuch employ, shall not be entitled to the additional pension provided\nunder this section for any period of member service rendered on or after\nApril first, nineteen hundred thirty-eight and prior to April first,\nnineteen hundred sixty, unless he renders two or more years of service\nin the employ of the state after April first, nineteen hundred\nsixty-eight, and retires from such employ, except that a member shall\nretain such eligibility for the additional pension provided by this\nsection that accrued by reason of previous employment immediately prior\nto employment with the state.\n  c. The benefits hereinabove provided shall be payable unless the\nmember would otherwise under the provisions of this chapter be entitled\nto a greater benefit, in which event, the greater benefit shall be\npayable.\n  d. In the case of persons who last became members on or after July\nfirst, nineteen hundred seventy-three, the provisions of this section\nshall apply only to those retiring from state service prior to July\nfirst, nineteen hundred seventy-four.\n
N.Y. ENV Law § 33-0907 — New York Code / Act ENV / Article 33 / Title 9 / Section 33-0907
Pesticide business and agency registration
Status: in_force

§ 33-0907. Pesticide business and agency registration.\n  1. Any pesticide business or agency as defined in this article shall\nregister with the commissioner.\n  2. Applications for pesticide business or agency registration shall be\nmade to the commissioner. The application shall be on a form prescribed\nby the commissioner and shall provide such information as the\ncommissioner shall require.\n  3. An applicant for pesticide business or agency registration shall\nsatisfy standards, as determined by the commissioner to be appropriate,\nwith respect to knowledge and experience concerning the proper use and\napplication of pesticides and pesticide equipment.\n  4. Business or agency registration shall be valid for three years.\n
N.Y. ENV Law § 71-0917 — New York Code / Act ENV / Article 71 / Title 9 / Section 71-0917
Presumptions from possession
Status: in_force

§ 71-0917. Presumptions from possession.\n  1. Possession of any fish, shell-fish, crustacea or game, or parts\nthereof, at a time when there is no open season anywhere in the state\nfor the species possessed, shall be presumptive evidence that it was\ntaken unlawfully.\n  2. Possession of any fish, shell-fish, crustacea, wildlife or\nprotected insect shall be presumptive evidence that it was taken by the\npossessor.\n
N.Y. PBA Law § 1870 — New York Code / Act PBA / Article 8 / Title 9 / Section 1870
Title not affected if in part unconstitutional or ineffective
Status: in_force

§ 1870. Title not affected if in part unconstitutional or ineffective.\nIf any subtitle, section, subdivision, paragraph, sentence, clause or\nprovision of this title shall be unconstitutional or be ineffective in\nwhole or in part, to the extent that it is not unconstitutional or\nineffective, it shall be valid or effective and no other subtitle,\nsection, subdivision, paragraph, sentence, clause or provision shall on\naccount thereof be deemed invalid or ineffective.\n
N.Y. ENV Law § 27-0910 — New York Code / Act ENV / Article 27 / Title 9 / Section 27-0910
Standards applicable to marketers of hazardous waste fuel
Status: in_force

§ 27-0910. Standards applicable to marketers of hazardous waste fuel.\n  The commissioner shall promulgate regulations establishing standards\napplicable to any person who distributes or markets any fuel which is\nproduced from (a) facilities which produce a fuel (i) from any hazardous\nwaste identified or listed in the regulations promulgated under section\n27-0903 of this title or (ii) from any such hazardous waste and any\nother material, or (b) any fuel which otherwise contains any such\nhazardous waste.\n
N.Y. ENV Law § 71-0913 — New York Code / Act ENV / Article 71 / Title 9 / Section 71-0913
Reciprocal enforcement of violations in boundary waters
Status: in_force

§ 71-0913. Reciprocal enforcement of violations in boundary waters.\n  If and when the state of Vermont, or the state of New Jersey, or the\nstate of Pennsylvania, or the state of Connecticut, or the state of\nRhode Island, as the case may be, shall enact a similar law for the\narrest and punishment of violations of the conservation law or fish laws\nof such state or of the provisions listed in section 71-0501 or under\ntitles 5 through 15 inclusive and title 33 of this article, committed or\nattempted by any person fishing in any waters or parts thereof lying\nbetween such state and the state of New York, any conservation officer\nor other person, who is authorized to make arrests for violations of the\nconservation or fish laws of such state or of the provisions listed in\nsection 71-0501 or under titles 5 through 15 inclusive and title 33 of\nthis article, shall have power and authority to make arrests on any part\nof such waters between such state and the State of New York, or the\nshores thereof, and to take the person so arrested for trial to the\nstate in which the violation was committed and there to prosecute him\naccording to the laws of such state.\n
N.Y. SOS Law § 342 — New York Code / Act SOS / Article 5 / Title 9-B / Section 342
Noncompliance with the requirements of this title
Status: in_force

§ 342. Noncompliance with the requirements of this title. 1. In\naccordance with the provisions of this section an individual who is\nrequired to participate in work activities shall be ineligible to\nreceive public assistance if he or she fails to comply, without good\ncause, with the requirements of this title. Such ineligibility shall be\nfor the amount and periods specified in this section. Good cause for\nfailing to comply with the requirements of this title shall be defined\nin department regulations, provided, however, that the parent or\ncaretaker relative of a child under thirteen years of age shall not be\nsubject to the ineligibility provisions of this section if the\nindividual can demonstrate, in accordance with the regulations of the\noffice of children and family services department, that lack of\navailable child care prevents such individual from complying with the\nwork requirements of this title. The parent or caretaker relative shall\nbe responsible for locating the child care needed to meet the work\nrequirements; provided, however, that the relevant social services\ndistrict shall provide a parent or caretaker relative who demonstrates\nan inability to obtain needed child care with a choice of two providers,\nat least one of which will be a regulated provider.\n  2. In the case of an applicant for or recipient of public assistance\nwho is a parent or caretaker of a dependent child the public assistance\nbenefits otherwise available to the household of which such individual\nis a member shall be reduced pro-rata:\n  (a) for the first instance of failure to comply without good cause\nwith the requirement of this article until the individual is willing to\ncomply;\n  (b) for the second instance of failure to comply without good cause\nwith the requirements of this article, for a period of three months and\nthereafter until the individual is willing to comply;\n  (c) for the third and all subsequent instances of failure to comply\nwithout good cause with the requirements of this article, for a period\nof six months and thereafter until the individual is willing to comply.\n  3. In the case of an individual who is a member of a household without\ndependent children applying for or in receipt of safety net assistance\nthe public assistance benefits otherwise available to the household of\nwhich such individual is a member shall be reduced pro-rata:\n  (a) for the first such failure or refusal, until the failure or\nrefusal ceases or ninety days, which ever period of time is longer;\n  (b) for the second such failure or refusal, until the failure ceases\nor for one hundred fifty days, whichever period of time is longer; and\n  (c) for the third and all subsequent such failures or refusals, until\nthe failure ceases or one hundred eighty days, whichever period of time\nis longer.\n  4. A recipient of public assistance who quits or reduces his hours of\nemployment without good cause shall be considered to have failed to\ncomply with the requirements of this article and shall be subject to the\nprovisions of this section.\n  5. A person described in paragraph (b) of subdivision seven of section\none hundred fifty-nine of this chapter may not be sanctioned if his or\nher failure to comply with requirements of this title are related to his\nor her health status.\n  6. The provisions of this section shall not apply to persons who are\nresidents of a city having a population of one million or more people.\n
N.Y. VAT Law § 1808 — New York Code / Act VAT / Title 9 / Article 45 / Section 1808
Effect of stay order on appeal from judgment of conviction of an offense under this chapter
Status: in_force

§ 1808. Effect of stay order on appeal from judgment of conviction of\nan offense under this chapter. (a) When an appeal is taken to an\nintermediate appellate court from a conviction of an offense under this\nchapter resulting in the suspension or revocation of the defendant's\nmotor vehicle operator's license, and a stay of execution is granted\nordering reinstatement of such license during the pendency and until the\ndetermination of such appeal, service of a certified copy of such stay\norder by mail upon the commissioner of motor vehicles shall be binding\nupon the commissioner; and during a period of ninety days from the date\nsuch stay order was granted, or until such appeal is determined, if\nsooner than ninety days, such commissioner shall be stayed from taking\nany proceedings under the vehicle and traffic law to suspend or revoke\nsuch license on account of such conviction; and such order shall contain\nappropriate provisions to that effect.\n  (b) For good cause shown, such stay may be extended by the court, in\nits discretion, for additional periods not to exceed ninety days each;\nsuch extension order or orders, when served upon the commissioner of\nmotor vehicles in the same manner as the original stay order, shall be\nbinding upon him to the same extent as the original stay order for such\nadditional period or periods.\n  (c) A stay order or orders issued pursuant to section 460.50 of the\ncriminal procedure law which purport to reinstate a license during the\npendency of an appeal from a conviction resulting in the suspension or\nrevocation of a license shall, for the purposes of such reinstatement,\nbe deemed to be issued in accordance with the provisions of this section\nand the ninety day stay period authorized by this section shall apply.\n