N.Y. RSS Law § 17 — New York Code / Act RSS / Article 2 / Title 2 / Section 17
Annual appropriation by participating employers
Status: in_force

§ 17. Annual appropriation by participating employers. a. On or before\nthe fifteenth day of November, nineteen hundred eighty-nine and of each\nsucceeding calendar year, the comptroller shall determine the amount\nwhich each participating employer is required to pay to the retirement\nsystem to discharge its obligations thereto for the fiscal year of the\nretirement system which ends on March thirty-first of nineteen hundred\nninety and of each succeeding calendar year on account of its employees\nwho are members of this system. The comptroller shall submit to the\nfiscal officer of each such employer a statement of the amount so\npayable.\n  This amount shall consist of the amount deemed necessary to provide\nfor payment in full of (i) all estimated obligations of each\nparticipating employer for the current fiscal year of the retirement\nsystems and (ii) any additional obligation, plus interest on such\namount, for fiscal years preceding the current fiscal year. If as a\nresult of the amount determined to be paid for any fiscal year, a\nparticipating employer overpaid its actual obligation to the retirement\nsystem for that year, the amount to be determined by the comptroller for\nthe next succeeding November fifteenth shall reflect the amount of the\noverpayment, plus interest as defined in section sixteen of this article\non such amount, as a reduction in the amount otherwise required to be\npaid by such participating employer.\n  b. Each participating employer annually shall appropriate a sum\nsufficient to pay such amount. In the event the comptroller's statement\nis not received before annual appropriations are made by such employer,\na sum estimated by the comptroller to be sufficient for such purpose\nshall be included with such annual appropriations.\n  c. Payment of the amount specified in the comptroller's statement\nshall be made by a participating employer within seventy-eight days\nafter the receipt of such statement; provided, however, that in no case\nshall any participating employer be required to make this payment before\nFebruary first of the calendar year next succeeding the calendar year in\nwhich such statement is received. The comptroller is authorized to\nprovide for and accept pre-payment.\n  d. If payment of the full amount of such obligations is not made by\nthe date required by subdivision c of this section, interest at a rate\ndetermined in accordance with the provisions of section sixteen of this\narticle shall commence to run against the unpaid balance thereof on the\nfirst day after the date required by said subdivision c.\n  e. The comptroller shall have full power and authority to bring suit\nin the supreme court against any participating employer to recover any\nsum, payment of which is not made as herein required. While any such sum\nshall remain due and unpaid he may refuse to audit any claim for funds\ndue to such employer from the state.\n
N.Y. RPT Law § 485-D — New York Code / Act RPT / Article 4 / Title 2 / Section 485-D
Water-works corporations
Status: in_force

§ 485-d. Water-works corporations. Real property situated in a city\nwith a population of one million or more owned by a water-works\ncorporation subject to the provisions of the public service law and used\nexclusively for the sale, furnishing and distribution of water for\ndomestic, commercial and public purposes, shall be wholly or partially\nexempt from taxation provided that the local legislative body of such\ncity within which such property is situated adopts a local law so\nproviding.\n
N.Y. PBH Law § 230-A*2 — New York Code / Act PBH / Article 2 / Title 2-A / Section 230-A*2
Infection control standards
Status: in_force

* § 230-a. Infection control standards. Notwithstanding any law to the\ncontrary, including section sixty-five hundred thirty-two of the\neducation law, the department shall promulgate rules or regulations\ndescribing scientifically accepted barrier precautions and infection\ncontrol practices as standards of professional medical conduct for\npersons licensed under articles one hundred thirty-one and one hundred\nthirty-one-B of the education law. The department shall consult with the\neducation department to ensure that regulatory standards for\nscientifically acceptable barrier precautions and infection prevention\ntechniques promulgated pursuant to this section are consistent, as far\nas appropriate with such standards adopted by the education department\napplicable to persons licensed under the education law other than\narticles one hundred thirty-one and one hundred thirty-one-B of such\nlaw.\n  * NB There are 2 § 230-a's\n
N.Y. RPT Law § 466-M — New York Code / Act RPT / Article 4 / Title 2 / Section 466-M
Ocean rescue squad members in certain municipalities
Status: in_force

§ 466-m. Ocean rescue squad members in certain municipalities. 1. (a)\nReal property owned by an enrolled member of an ocean rescue squad, or\nsuch enrolled member and spouse, residing in a town with a population\nbetween sixty-nine thousand and sixty-nine thousand fifty according to\nthe two thousand twenty census shall be exempt from taxation to the\nextent of up to ten percent of the assessed value of such property for\ncity, village, town, part town, special district, school district, fire\ndistrict or county purposes, exclusive of special assessments, provided\nthat the governing body of a city, village, town, school district, fire\ndistrict or county, after a public hearing, adopts a local law,\nordinance or resolution providing therefor.\n  (b) For the purposes of this section, an ocean rescue squad shall mean\nan entity that has been deemed as an emergency rescue squad and first\naid squad by resolution of the governing body of each municipality,\npursuant to state law or special act of the legislature.\n  2. Such exemption shall not be granted to an enrolled member of an\nocean rescue squad residing in such town unless:\n  (a) the applicant resides in the city, town or village which is served\nby such ocean rescue squad;\n  (b) the property is the primary residence of the applicant;\n  (c) the property is used exclusively for residential purposes;\nprovided however, that in the event any portion of such property is not\nused exclusively for the applicant's residence but is used for other\npurposes, such portion shall be subject to taxation and the remaining\nportion only shall be entitled to the exemption provided by this\nsection; and\n  (d) the applicant has been certified by the authority having\njurisdiction for the ocean rescue squad, as determined by the governing\nbody of a city, village, town, school district, fire district or county;\nprovided, however, that such governing body shall establish a minimum\nservice requirement for each applicant between two years of service and\nfive years of service. It shall be the duty and responsibility of the\ngoverning body of each municipality to determine the procedure for\ncertification.\n  3. Any enrolled member of an ocean rescue squad who accrues more than\ntwenty years of active service and is so certified by the authority\nhaving jurisdiction for such ocean rescue squad, shall be granted the\nten percent exemption as authorized by this section for the remainder of\nsuch member's life as long as such member's primary residence is located\nwithin such applicable town provided that the governing body of each\nmunicipality, after a public hearing, adopts a local law, ordinance or\nresolution providing therefor.\n  4. Un-remarried spouses of ocean rescue squad members killed in the\nline of duty. Any local law or ordinance adopted pursuant to this\nsection may be separately amended, or a local law, ordinance or\nresolution may be separately adopted to continue an exemption or\nreinstate a pre-existing exemption claimed under such statutes by an\nenrolled member of an ocean rescue squad, to such deceased enrolled\nmember's un-remarried spouse if such member is killed in the line of\nduty; provided, however, that:\n  (a) such un-remarried spouse is certified by the authority having\njurisdiction for the applicable ocean rescue squad as an un-remarried\nspouse of an enrolled member of an ocean rescue squad who was killed in\nthe line of duty; and\n  (b) such deceased member had been an enrolled member for at least five\nyears; and\n  (c) such deceased member had been receiving the exemption prior to\nsuch member's death.\n  5. Un-remarried spouses of deceased ocean rescue squad members. Any\nlocal law or ordinance adopted pursuant to this section may be\nseparately amended, or a local law, ordinance or resolution may be\nseparately adopted to continue an exemption or reinstate a pre-existing\nexemption to an un-remarried spouse of a deceased enrolled member of an\nocean rescue squad; provided, however, that:\n  (a) such un-remarried spouse is certified by the authority having\njurisdiction for the applicable ocean rescue squad as an un-remarried\nspouse of a deceased enrolled member of such incorporated ocean rescue\nsquad; and\n  (b) such deceased member had been an enrolled member for at least\ntwenty years; and\n  (c) such deceased member and un-remarried spouse had been receiving\nthe exemption for such property prior to the death of such member.\n  6. Application for such exemption shall be filed with the assessor or\nother agency, department or office designated by the municipality,\nschool district and/or fire district offering such exemption on or\nbefore the taxable status date on a form as prescribed by the\ncommissioner.\n  7. No applicant who is an ocean rescue squad member who by reason of\nsuch status is receiving any benefit under the provisions of this\narticle on the effective date of this section shall suffer any\ndiminution of such benefit because of the provisions of this section.\n
N.Y. RPT Law § 489-EE — New York Code / Act RPT / Article 4 / Title 2-B / Section 489-EE
Railroad ceiling
Status: in_force

§ 489-ee. Railroad ceiling. A railroad ceiling for the railroad real\nproperty other than subsidized railroad real property of each railroad\ncompany situated in each assessing unit shall be established annually by\nthe commissioner as follows:\n  1. Determine (a) the average railway revenues and expenses in\naccordance with the provisions of section four hundred eighty-nine-ff of\nthis chapter, (b) a ratio in accordance with the provisions of section\nfour hundred eighty-nine-gg of this chapter, (c) the economic factor in\naccordance with the provisions of section four hundred eighty-nine-hh of\nthis chapter, and (d) the local reproduction cost in accordance with the\nprovisions of section four hundred eighty-nine-ii of this chapter;\n  2. Multiply the local reproduction cost by the economic factor; and\n  3. Multiply the result of such calculation by the state equalization\nrate determined or established in accordance with the provisions of\nsection four hundred eighty-nine-jj of this chapter. The result shall be\nthe railroad ceiling.\n  4. Determinations made pursuant to this section shall be based upon\nthe value of the railroad real property as of the rate valuation date\nand ownership of such railroad real property as of the thirty-first day\nof December of the year preceding the year in which the assessment roll\nto which such ceiling assessment will apply is filed in the office of\nthe city or town clerk, except that those determinations shall be based\nupon ownership as of the thirty-first day of December of the second year\npreceding the date required by law for the filing of the final\nassessment roll for purposes of city assessment rolls required to be\nfiled between January first and June first inclusive and for all village\nassessment rolls. As used in this subdivision, the term "rate valuation\ndate" means the date as of which the full value of taxable real property\non an assessment roll is estimated for purposes of the state\nequalization rate to be applied in the establishment of the railroad\nceiling.\n
N.Y. EDN Law § 2853 — New York Code / Act EDN / Title 2 / Article 56 / Section 2853
Charter school organization; oversight; facilities
Status: in_force

§ 2853. Charter school organization; oversight; facilities. 1.\nOrganization and legal status.  (a) Upon the approval of a charter by\nthe board of regents, the board of regents shall incorporate the charter\nschool as an education corporation for a term not to exceed five years,\nprovided however in the case of charters issued pursuant to subdivision\nnine-a of section twenty-eight hundred fifty-two of this article the\nboard of regents shall incorporate the charter school as an education\ncorporation for a term not to exceed five years in which instruction is\nprovided to pupils plus the period commencing with the effective date of\nthe charter and ending with the opening of the school for instruction.\nSuch certificate of incorporation shall not modify or limit any terms of\nthe charter approved by the board of regents. Upon approval of an\napplication to renew a charter, the board of regents shall extend the\ncertificate of incorporation for a term not to exceed five years. Upon\ntermination or nonrenewal of the charter of a charter school pursuant to\nsection twenty-eight hundred fifty-five of this article, the certificate\nof incorporation of the charter school shall be revoked by the board of\nregents pursuant to section two hundred nineteen of this chapter,\nprovided that compliance with the notice and hearing requirements of\nsuch section twenty-eight hundred fifty-five of this article shall be\ndeemed to satisfy the notice and hearing requirements of such section\ntwo hundred nineteen. It shall be the duty of the trustees of the\ncharter school to obtain federal tax-exempt status no later than one\nyear following approval of a charter school by the board of regents. For\npurposes of this article, "certificate of incorporation" shall mean the\nprovisional charter issued by the board of regents to form the charter\nschool as an educational corporation pursuant to sections two hundred\nsixteen and two hundred seventeen of this chapter.\n  (b) An education corporation organized to operate a charter school\nshall have all corporate powers necessary and desirable for carrying out\na charter school program in accordance with the provisions of this\narticle, other applicable laws and regulations and the terms of the\ncharter, including all of the powers of an education corporation formed\nto operate an elementary or secondary school and those powers granted\nunder the provisions of the not-for-profit corporation law that are made\napplicable to charter schools by section two hundred sixteen-a of this\nchapter. The powers of the trustees of the charter school shall include\nthose powers specified in section two hundred twenty-six of this\nchapter.\n  (b-1) An education corporation operating a charter school shall be\nauthorized to operate more than one school or house any grade at more\nthan one site, provided that a charter must be issued for each such\nadditional school or site in accordance with the requirements for the\nissuance of a charter pursuant to this article and that each such\nadditional school or site shall count as a charter issued pursuant to\nsubdivision nine of section twenty eight hundred fifty-two of this\narticle; and provided further that:\n  (A) a charter school may operate in more than one building at a single\nsite; and\n  (B) a charter school which provides instruction to its students at\ndifferent locations for a portion of their school day shall be deemed to\nbe operating at a single site.\n  (c) A charter school shall be deemed an independent and autonomous\npublic school, except as otherwise provided in this article, and a\npolitical subdivision having boundaries coterminous with the school\ndistrict or community school district in which the charter school is\nlocated. The charter entity and the board of regents shall be deemed to\nbe the public agents authorized to supervise and oversee the charter\nschool.\n  (d) The powers granted to a charter school under this article\nconstitute the performance of essential public purposes and governmental\npurposes of this state. A charter school shall be exempt to the same\nextent as other public schools from all taxation, fees, assessments or\nspecial ad valorem levies on its earnings and its property, including\nproperty leased by the charter school. Instruments of conveyance to or\nfrom a charter school and any bonds or notes issued by a charter school,\ntogether with the income therefrom, shall at all times be exempt from\ntaxation.\n  (e) A charter school shall not have the power to levy taxes or to\nacquire property by eminent domain.\n  (f) The board of trustees of the charter school shall have final\nauthority for policy and operational decisions of the school. Nothing\nherein shall prohibit the board of trustees of a charter school from\ndelegating decision-making authority to officers and employees of the\nschool in accordance with the provisions of the charter.\n  (g) Notwithstanding any provision of law to the contrary, no civil\nliability shall attach to any charter entity, the board of regents, or\nto any of their members or employees, individually or collectively, for\nany acts or omissions of the charter school. Neither the local school\ndistrict, the charter entity nor the state shall be liable for the debts\nor financial obligations of a charter school or any person or corporate\nentity who operates a charter school.\n  2. The board of regents and charter entity shall oversee each school\napproved by such entity, and may visit, examine into and inspect any\ncharter school, including the records of such school, under its\noversight. Oversight by a charter entity and the board of regents shall\nbe sufficient to ensure that the charter school is in compliance with\nall applicable laws, regulations and charter provisions.\n  2-a. For schools approved by an entity described in paragraph (b) or\n(c) of subdivision three of section twenty-eight hundred fifty-one of\nthis article, the school district in which the charter school is located\nshall have the right to visit, examine into, and inspect the charter\nschool for the purpose of ensuring that the school is in compliance with\nall applicable laws, regulations and charter provisions. Any evidence of\nnon-compliance may be forwarded by such school district to the board of\nregents and the charter entity for action pursuant to section\ntwenty-eight hundred fifty-five of this article.\n  3. Facilities.  (a) A charter school may be located in part of an\nexisting public school building, in space provided on a private work\nsite, in a public building or in any other suitable location. Provided,\nhowever, before a charter school may be located in part of an existing\npublic school building, the charter entity shall provide notice to the\nparents or guardians of the students then enrolled in the existing\nschool building and shall hold a public hearing for purposes of\ndiscussing the location of the charter school. A charter school may own,\nlease or rent its space.\n  (a-1) (i) For charters issued pursuant to subdivision nine-a of\nsection twenty-eight hundred fifty-two of this article located outside a\ncity school district in a city having a population of one million or\nmore inhabitants, the department shall approve plans and specifications\nand issue certificates of occupancy for such charter schools. Such\ncharter schools shall comply with all department health, sanitary, and\nsafety requirements applicable to facilities and shall be treated the\nsame as other public schools for purposes of local zoning, land use\nregulation and building code compliance. Provided however, that the\ndepartment shall be authorized to grant specific exemptions from the\nrequirements of this paragraph to charter schools upon a showing that\ncompliance with such requirements creates an undue economic hardship or\nthat some other good cause exists that makes compliance with this\nparagraph extremely impractical. A demonstrated effort to overcome the\nstated obstacles must be provided.\n  (ii) In a city school district in a city with a population of one\nmillion or more, all charters authorized to be issued by the chapter of\nthe laws of two thousand ten which amended this subdivision shall be\nobligated to comply with the department's health, safety and sanitary\nrequirements applicable to facilities to the same extent as non-charter\npublic schools in such a city school district.\n  (a-2) A charter school shall be deemed a nonpublic school for purposes\nof local zoning, land use regulation and building code compliance if it\nhas been granted an exemption by the department pursuant to paragraph\n(a-1) of this subdivision or if its charter was not issued pursuant to\nsubdivision nine-a of section twenty-eight hundred fifty-two of this\narticle.\n  (a-3)(1) Before a charter school may be located or co-located in an\nexisting public school building in a city school district in a city\nhaving a population of one million or more inhabitants, the chancellor\nshall identify which public school buildings may be subject to location\nor co-location, provide the rationale as to why such public school\nbuilding is identified for location or co-location and shall make all\nsuch information publicly available, including via the city board's\nofficial internet website. In addition, the chancellor shall provide\nwidespread notice of such information including to the community\nsuperintendent, community district education council and the\nschool-based management team. After a public school building has been\nselected for a proposed location or co-location, the chancellor shall\ndevelop a building usage plan in accordance with this paragraph.\n  (2) The building usage plan shall be developed by the chancellor for\neach school that has been definitively identified for a location or\nco-location. The building usage plan shall include, but need not be\nlimited to, the following information:\n  (A) the actual allocation and sharing of classroom and administrative\nspace between the charter and non-charter schools;\n  (B) a proposal for the collaborative usage of shared resources and\nspaces between the charter school and the non-charter schools, including\nbut not limited to, cafeterias, libraries, gymnasiums and recreational\nspaces, including playgrounds which assures equitable access to such\nfacilities in a similar manner and at reasonable times to non-charter\nschool students as provided to charter school students;\n  (C) justification of the feasibility of the proposed allocations and\nschedules set forth in clauses (A) and (B) of this subparagraph and how\nsuch proposed allocations and shared usage would result in an equitable\nand comparable use of such public school building;\n  (D) building safety and security;\n  (E) communication strategies to be used by the co-located schools; and\n  (F) collaborative decision-making strategies to be used by the\nco-located schools including the establishment of a shared space\ncommittee pursuant to paragraph (a-four) of this subdivision.\n  (3) A building usage plan developed by the chancellor in accordance\nwith this paragraph shall be included within the educational impact\nstatement required by paragraph (b) of subdivision two-a of section\ntwenty-five hundred ninety-h of this title and be subject to the\nrequirements of subdivision two-a of such section prior to approval by\nthe board of education pursuant to paragraph h of subdivision one of\nsection twenty-five hundred ninety-g of this title.\n  (4) A building usage plan developed by the chancellor in accordance\nwith this paragraph may be revised and such revision shall require board\nof education approval consistent with the requirements pursuant to\nsubdivision seven of section twenty-five hundred ninety-g of this title.\n  (5) The building usage plan shall be made publicly available by the\nchancellor, including via the city board's official internet website,\nand a copy shall also be filed with the city board, the impacted\ncommunity district education council, community boards, community\nsuperintendent, and school based management team.\n  (a-4) In a city school district in a city having a population of one\nmillion or more inhabitants, a shared space committee shall be\nestablished in each public school building in which one or more charter\nschools are located or co-located within a public school building with\nnon-charter public schools. The shared space committee shall be\ncomprised of the principal, a teacher, and a parent of each co-located\nschool. Such committee shall conduct regular meetings, at least four\ntimes per school year, to review implementation of the building usage\nplan developed pursuant to paragraph (a-three) of this subdivision.\n  (a-5) Notwithstanding any provision to the contrary, in a city school\ndistrict in a city having a population of one million or more\ninhabitants, the determination to locate or co-locate a charter school\nwithin a public school building and the implementation of and compliance\nwith the building usage plan developed pursuant to paragraph (a-three)\nof this subdivision that has been approved by the board of education of\nsuch city school district pursuant to paragraph (h) of subdivision one\nof section twenty-five hundred ninety-g of this title and after\nsatisfying the requirements of subdivision two-a of section twenty-five\nhundred ninety-h of this title may be appealed to the commissioner\npursuant to section three hundred ten of this chapter. Provided further,\nthe revision of a building usage plan approved by the board of education\nconsistent with the requirements pursuant to subdivision seven of\nsection twenty-five hundred ninety-g of this title may also be appealed\nto the commissioner on the grounds that such revision fails to meet the\nstandards set forth in clause (B) of subparagraph two of paragraph (a-3)\nof this subdivision. Following a petition for such appeal pursuant to\nthis paragraph, such city school district shall have ten days to\nrespond. The petition must be dismissed, adjudicated or disposed of by\nthe commissioner within ten days of the receipt of the city school\ndistrict's response.\n  (b) A charter school may pledge, assign or encumber its assets to be\nused as collateral for loans or extensions of credit; provided, however,\nthat a charter school shall not pledge or assign monies provided, or to\nbe provided, pursuant to subdivision one of section twenty-eight hundred\nfifty-six of this article in connection with the purchase or\nconstruction, acquisition, reconstruction, rehabilitation or improvement\nof a school facility.\n  (c) The office of general services shall annually publish a list of\nvacant and unused buildings and vacant and unused portions of buildings\nthat are owned by the state and that may be suitable for the operation\nof a charter school. Such list shall be provided to applicants for\ncharter schools and to existing charter schools. At the request of a\ncharter school or a prospective applicant, a school district shall make\navailable a list of vacant and unused school buildings and vacant and\nunused portions of school buildings, including private school buildings,\nwithin the school district that may be suitable for the operation of a\ncharter school.\n  (d) Notwithstanding any other provision to the contrary, in a city\nschool district in a city having a population of one million or more\ninhabitants, the chancellor must first authorize in writing any proposed\ncapital improvements or facility upgrades in excess of five thousand\ndollars, regardless of the source of funding, made to accommodate the\nco-location of a charter school within a public school building. For any\nsuch improvements or upgrades that have been approved by the chancellor,\ncapital improvements or facility upgrades shall be made in an amount\nequal to the expenditure of the charter school for each non-charter\npublic school within the public school building. For any capital\nimprovements or facility upgrades in excess of five thousand dollars\nthat have been approved by the chancellor, regardless of the source of\nfunding, made in a charter school that is already co-located within a\npublic school building, matching capital improvements or facility\nupgrades shall be made in an amount equal to the expenditure of the\ncharter school for each non-charter public school within the public\nschool building within three months of such improvements or upgrades.\n  (e) In a city school district in a city having a population of one\nmillion or more inhabitants, charter schools that first commence\ninstruction or that require additional space due to an expansion of\ngrade level, pursuant to this article, approved by their charter entity\nfor the two thousand fourteen--two thousand fifteen school year or\nthereafter and request co-location in a public school building shall be\nprovided access to facilities pursuant to this paragraph for such\ncharter schools that first commence instruction or that require\nadditional space due to an expansion of grade level, pursuant to this\narticle, approved by their charter entity for those grades newly\nprovided.\n  (1) Notwithstanding any other provision of law to the contrary, within\nthe later of (i) five months after a charter school's written request\nfor co-location and (ii) thirty days after the charter school's charter\nis approved by its charter entity, the city school district shall\neither: (A) offer at no cost to the charter school a co-location site in\na public school building approved by the board of education as provided\nby law, or (B) offer the charter school space in a privately owned or\nother publicly owned facility at the expense of the city school district\nand at no cost to the charter school. The space must be reasonable,\nappropriate and comparable and in the community school district to be\nserved by the charter school and otherwise in reasonable proximity.\n  (2) No later than thirty days after approval by the board of education\nor expiration of the offer period prescribed in subparagraph one of this\nparagraph, the charter school shall either accept the city school\ndistrict's offer or appeal in accordance with subparagraph three of this\nparagraph. If no appeal is taken, the city's offer or refusal to make an\noffer shall be final and non-reviewable. The charter school may appeal\nas early as issuance of an educational impact statement for the proposed\nco-location.\n  (3) The charter school shall have the option of appealing the city\nschool district's offer or failure to offer a co-location site through\nbinding arbitration in accordance with subparagraph seven of this\nparagraph, an expedited appeal to the commissioner pursuant to section\nthree hundred ten of this chapter and the procedures prescribed in\nparagraph (a-5) of this subdivision, or a special proceeding pursuant to\narticle seventy-eight of the civil practice law and rules. In any such\nappeal, the standard of review shall be the standard prescribed in\nsection seventy-eight hundred three of the civil practice law and rules.\n  (4) If the appeal results in a determination in favor of the city\nschool district, the city's offer shall be final and the charter school\nmay either accept such offer and move into the space offered by the city\nschool district at the city school district's expense, or locate in\nanother site at the charter school's expense.\n  (5) For a new charter school whose charter is granted or for an\nexisting charter school whose expansion of grade level, pursuant to this\narticle, is approved by their charter entity, if the appeal results in a\ndetermination in favor of the charter school, the city school district\nshall pay the charter school an amount attributable to the grade level\nexpansion or the formation of the new charter school that is equal to\nthe lesser of:\n  (A) the actual rental cost of an alternative privately owned site\nselected by the charter school or\n  (B) thirty percent of the product of the charter school's basic\ntuition for the current school year and (i) for a new charter school\nthat first commences instruction on or after July first, two thousand\nfourteen, the charter school's current year enrollment; or (ii) for a\ncharter school which expands its grade level, pursuant to this article,\nthe positive difference of the charter school's enrollment in the\ncurrent school year minus the charter school's enrollment in the school\nyear prior to the first year of the expansion.\n  (6) An arbitration in an appeal pursuant to this paragraph shall be\nconducted by a single arbitrator selected in accordance with this\nsubparagraph from a list of arbitrators from the American arbitration\nassociation's panel of labor arbitrators, with relevant biographical\ninformation, submitted by such association to the commissioner pursuant\nto paragraph a of subdivision three of section three thousand twenty-a\nof this chapter. Upon request by the charter school, the commissioner\nshall forthwith send a copy of such list and biographical information\nsimultaneously to the charter school and city school district. The\nparties shall, by mutual agreement, select an arbitrator from the list\nwithin fifteen days from receipt of the list, and if the parties fail to\nagree on an arbitrator within such fifteen day period or fail within\nsuch fifteen day period to notify the commissioner that an arbitrator\nhas been selected, the commissioner shall appoint an arbitrator from the\nlist to serve as the arbitrator. The arbitration shall be conducted in\naccordance with the American arbitration association's rules for labor\narbitration, except that the arbitrator shall conduct a pre-hearing\nconference within ten to fifteen days of agreeing to serve and the\narbitration shall be completed and a decision rendered within the time\nframes prescribed for hearings pursuant to section three thousand\ntwenty-a of this chapter. The arbitrator's fee shall not exceed the rate\nestablished by the commissioner for hearings conducted pursuant to\nsection three thousand twenty-a of this chapter, and the cost of such\nfee, the arbitrator's necessary travel and other reasonable expenses,\nand all other hearing expenses shall be borne equally by the parties to\nthe arbitration.\n  4. Public and private assistance to charter schools. * (a) For\npurposes of sections seven hundred one, seven hundred eleven, seven\nhundred fifty-one and nine hundred twelve of this chapter, a charter\nschool shall be deemed a nonpublic school in the school district within\nwhich the charter school is located. Special education programs and\nservices shall be provided to students with a disability attending a\ncharter school in accordance with the individualized education program\nrecommended by the committee or subcommittee on special education of the\nstudent's school district of residence. The charter school may arrange\nto have such services provided by such school district of residence or\nby the charter school directly or by contract with another provider.\nWhere the charter school arranges to have the school district of\nresidence provide such special education programs or services, such\nschool district shall provide services in the same manner as it serves\nstudents with disabilities in other public schools in the school\ndistrict, including the provision of supplementary and related services\non site to the same extent to which it has a policy or practice of\nproviding such services on the site of such other public schools.\n  * NB Effective until June 30, 2027\n  * (a) For purposes of sections seven hundred one, seven hundred\neleven, seven hundred fifty-one and nine hundred twelve of this chapter,\na charter school shall be deemed a nonpublic school in the school\ndistrict within which the charter school is located. Special education\nprograms and services shall be provided to students with a disability\nattending a charter school in accordance with the individualized\neducation program recommended by the committee or subcommittee on\nspecial education of the student's school district of residence. The\ncharter school may arrange to have such services provided by such school\ndistrict of residence or by the charter school directly or by contract\nwith another provider.\n  * NB Effective June 30, 2027\n  (b) For purposes of section thirty-six hundred thirty-five of this\nchapter, a charter school shall be deemed a nonpublic school. The\ncharter and application therefor shall set forth the manner in which\nstudents ineligible for transportation pursuant to section thirty-six\nhundred thirty-five of this chapter shall be transported to and from\nschool. Any supplemental transportation provided by a charter school\nshall comply with all transportation safety laws and regulations\napplicable to other public schools. A school district may enter into a\ncontract for the provision of supplemental transportation services to a\ncharter school, and any such services shall be provided by the school\ndistrict at cost.\n  (c) A charter school may contract with the governing body of a public\ncollege or university for the use of a school building and grounds, the\noperation and maintenance thereof. Any such contract shall provide such\nservices or facilities at cost. A school district shall permit any\ncharter school granted approval to co-locate, to use such services and\nfacilities without cost.\n  (d) Private persons and organizations are encouraged to provide\nfunding and other assistance to the establishment or operation of\ncharter schools.\n  (e) The school district of residence of children attending a charter\nschool may, but is not required to, allow such children to participate\nin athletic and extra-curricular activities of the district's schools.\n
N.Y. MDW Law § 58 — New York Code / Act MDW / Article 3 / Title 2 / Section 58
Incombustible materials
Status: in_force

§ 58. Incombustible materials.  Except as may be specifically provided\notherwise in this chapter, all required incombustible materials,\nincluding fireproofed wood, shall be capable of withstanding\nsuccessfully standard fire tests as prescribed by the building code. In\nthe absence of any such prescribed requirements, the department shall\nhave the power to make supplementary regulations relative to standard\nfire tests for incombustible materials.\n
N.Y. PBA Law § 3866 — New York Code / Act PBA / Article 10-D / Title 2 / Section 3866
Agreement with the state
Status: in_force

§ 3866. Agreement with the state. 1. The state does hereby pledge to\nand agree with the holders of any issue of bonds, notes or other\nobligations issued by the authority pursuant to this title and secured\nby such a pledge that the state will not limit, alter or impair the\nrights hereby vested in the authority to fulfill the terms of any\nagreements made with such holders pursuant to this title, or in any way\nimpair the rights and remedies of such holders or the security for such\nbonds, notes or other obligations until such bonds, notes or other\nobligations together with the interest thereon and all costs and\nexpenses in connection with any action or proceeding by or on behalf of\nsuch holders, are fully paid and discharged. The authority is authorized\nto include this pledge and agreement of the state in any agreement with\nthe holders of such bonds, notes or other obligations. Nothing contained\nin this title shall be deemed to restrict any right of the state to\namend, modify, repeal or otherwise alter: (a) section fifty-four of the\nstate finance law or any other provision relating to state aid, or (b)\nstatutes imposing or relating to taxes or fees, or appropriations\nrelating thereto.\n  2. The authority shall not include within any resolution, contract or\nagreement with holders of the bonds, notes or other obligations issued\nunder this title any provision which provides that a default occurs as a\nresult of the state exercising its right to amend, repeal, modify or\notherwise alter: (a) section fifty-four of the state finance law or any\nother provision relating to state aid or (b) statutes imposing or\nrelating to taxes, fees, or appropriations relating thereto. Nothing in\nthis title shall be deemed to obligate the state to make any payments or\nimpose any taxes to satisfy the debt service obligations of the\nauthority.\n
N.Y. PBA Law § 1363 — New York Code / Act PBA / Article 6 / Title 2 / Section 1363
Bonds of the authority
Status: in_force

§ 1363. Bonds of the authority. 1. The authority shall have power and\nis hereby authorized from time to time to issue negotiable bonds in\nconformity with applicable provisions of the uniform commercial code for\nany corporate purpose of the authority, including the paying, funding or\nrefunding of any notes theretofore issued by the authority under the\nprovisions of section one thousand eight hundred thirty-nine of this\nact. The authority shall have power from time to time to refund any\nbonds by the issuance of new bonds, whether the bonds to be refunded\nhave or have not matured, and may issue bonds partly to refund bonds\nthen outstanding and partly for any other corporate purpose.  Except as\nmay be otherwise expressly provided by contract between the authority\nand the holders of its bonds, all bonds of the authority shall be\ngeneral obligations payable out of any moneys or revenues of the\nauthority, subject only to any agreements with the holders of particular\nbonds the payment of which is secured by a pledge of particular moneys\nor revenues.\n  2. Such bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times, not exceeding\nthirty years from their respective dates, bear interest at such rate or\nrates, payable annually or semi-annually, be in such denominations, be\nin such form, either coupon or registered, carry such registration\nprivileges, be executed in such manner, be payable in lawful money of\nthe United States of America at such place or places, and be subject to\nsuch terms of redemption prior to maturity, at par or a price, as such\nresolution or resolutions may provide. Such bonds may be sold, with or\nwithout advertisement, in such manner as the authority shall determine\nby resolution. If advertisement is made, a notice of sale shall be\npublished at least once, not less than ten nor more than forty days\nbefore the date of sale, in a newspaper published and circulated in the\ncity of Oswego and in a financial newspaper published and circulated in\nthe city of New York and designated by the board. The notice shall call\nfor the receipt of sealed bids and shall fix the date, time and place of\nsale. Bonds shall be sold at such price or prices as will yield to the\npurchasers income at a rate set forth in the resolution or resolutions\nto the maturity dates of said bonds, computed in accordance with\nstandard tables of bond values.\n  3. Any resolutions authorizing the issuance of any bonds may contain\nprovisions, which shall be a part of the contract with the holders of\nthe bonds thereby authorized, as to:\n  a. Pledging all or any part of the gross or net revenues of the\nauthority to secure the payment of the bonds, subject to such agreements\nwith bondholders as may then exist;\n  b. The rentals, fees and other charges to be charged for the use of\nprojects of the authority, and the amounts to be raised in each year\nthereby, and the use and disposition of revenues of the authority;\n  c. The setting aside of reserves or sinking funds and the regulation\nand disposition thereof;\n  d. The appointment of a bank or banks or trust company or trust\ncompanies as trustee or trustees for the custody and disposition of any\nmoneys of the authority, including the proceeds of any bonds or other\nobligations and any revenues or income of the authority, and the\nexecution of any trust agreements or indentures with such trustee or\ntrustees with such provisions as may be deemed necessary or desirable in\nconnection with the custody and disposition of such moneys of the\nauthority and the rights and remedies of the holders of such bonds;\n  e. Limitations on the right of the authority to restrict and regulate\nthe use of projects of the authority;\n  f. Limitations on the purpose to which the proceeds of the sale of any\nissue of bonds then or thereafter to be issued may be applied;\n  g. Limitations on the issuance of additional bonds, including the\nterms upon which additional bonds may be issued and secured.\n  h. The procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must give consent thereto, and the manner in which such consent\nmay be given; and\n  i. Any other matters, of like or different character, which in any way\naffect the security or protection of the bonds.\n  4. Any pledge of revenues or other moneys made by the authority shall\nbe valid and binding from the time when the pledge is made. The revenues\nor other moneys so pledged and thereafter received by the authority\nshall be immediately subject to the lien of such pledge without any\nphysical delivery thereof or further act. The lien of any such pledge\nshall be valid and binding as against all parties having claims of any\nkind in tort, contract or otherwise against the authority irrespective\nof whether such parties have notice thereof.  Neither the resolution nor\nany other instrument by which a pledge is created need be recorded.\n  5. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability by reason of the issuance thereof, excepting solely\nfor things willfully done or willfully omitted to be done with an intent\nto defraud.\n  6. The authority shall have power out of any funds available therefor\nto purchase any of its outstanding bonds at a price not more than the\nthen redemption price of such bonds. All bonds so purchased shall be\ncancelled.\n
N.Y. PBA Law § 1045-J — New York Code / Act PBA / Article 5 / Title 2-A / Section 1045-J
Imposition and disposition of sewer and water fees, rates, rents or charges
Status: in_force

§ 1045-j. Imposition and disposition of sewer and water fees, rates,\nrents or charges. 1. The water board shall establish, fix and revise,\nfrom time to time, fees, rates, rents or other charges for the use of,\nor services furnished, rendered or made available by, the sewerage\nsystem or water system, or both, as the case may be, owned by the water\nboard pursuant to this title in such amount  at least sufficient at all\ntimes so as to provide funds in an amount sufficient together with other\nrevenues available to the board, if any, (i) to pay to the authority, in\naccordance with any agreement with the authority, an amount sufficient\nfor the purpose of paying the principal of and the interest on the\noutstanding notes or bonds of the authority as the same shall become due\nand payable and maintaining or funding a capital or debt service reserve\nfund therefor and, to the extent requested by the city in, or annually\npursuant to, the agreement to pay to the city, in accordance with the\nagreement, an amount sufficient for the purpose of paying the principal\nof and interest on general obligation bonds thereof issued for or\nallocable to the water system or sewerage system or both, as the case\nmay be, as the same shall become due and payable, and to maintain or\nfund reserves therefor, (ii) to pay to the city, in accordance with the\nagreement, an amount sufficient for the purpose of paying the costs of\nadministering, maintaining, repairing and operating and the cost of\nconstructing capital improvements to the water system or sewerage system\nor both, as the case may be, (iii) to pay to the city in accordance with\nthe agreement entered into pursuant to section one thousand forty-five-i\nof this title an amount sufficient for the purpose of paying liabilities\nissued for or allocable to the water system or sewerage system or both,\nas the case may be, as the same shall become due and payable, (iv) to\nmeet any requirements of any agreement including requirements relating\nto the establishment of reserves for renewal and replacement and for\nuncollected charges and covenants respecting rates, (v) to pay all other\nreasonable and necessary expenses of the authority and the water board\nin relation thereto, and (vi) to the extent requested by the city in or\npursuant to the agreement, to pay or provide for such other purposes or\nprojects as such city considers appropriate and in the public interest.\nAny surplus of funds remaining in the water board after such payments\nhave been made shall be returned to the city for deposit in the general\nfund.\n  2. There is hereby established in the custody of the water board a\nspecial fund to be known as the local water fund. Such fund shall\nconsist of the revenues derived from the fees, rates, rents and service\ncharges established, charged and collected pursuant to this title and\nany other income earned or moneys received by the water board. Revenues\nin the local water fund shall be kept separate and shall not be\ncommingled with any other moneys in the custody of the water board. All\nmoneys, properties and assets acquired by the water board, whether as\nrevenues or otherwise, shall be held by it in trust for the purposes of\ncarrying out its powers and duties, and shall be used and reused in\naccordance with the purposes and provisions of this article.\n  The water board shall deposit promptly, to the credit of the local\nwater fund, revenues collected under this article in a bank, banking\nhouse or trust company as may be designated in or pursuant to the\nagreement.\n  3. No such fee, rate, rent or other charge shall be established, fixed\nor revised unless and until the water board has held a public hearing at\nwhich the users of the water system or sewerage system, or both, as the\ncase may be, the owners of property served or to be served and others\ninterested, have had an opportunity to be heard concerning the same.\nNotice of such public hearing shall be published by the water board at\nleast twenty days before the date set therefor, in at least one\nnewspaper of general circulation in each of the areas served by the\nwater system or sewerage system, as the case may be.  Such notice shall\nset forth the date, time and place of such hearing and shall include a\nbrief description of the matters to be considered at such hearing. A\ncopy of the notice shall be filed in the office of the clerk of the city\nand shall be available for inspection by the public. At all such\nhearings, any users of the water system, sewerage system, or both, as\nthe case may be, owners of property served or to be served and any other\ninterested persons shall have an opportunity to be heard concerning the\nmatters under consideration.  Any decision of the water board on matters\nconsidered at such public hearing shall be in writing and be made\navailable in the office of the water board for public inspection during\nregular office hours. Such decision shall be published in at least one\nnewspaper of general circulation in each of the areas served by the\nwater system or sewerage system, as the case may be within thirty days\nafter such decision is made. The fees, rates, rents or other charges so\nestablished for any class of users of property served shall be extended\nto cover any additional premises thereafter served which are within the\nsame class, without the necessity of a hearing thereon.\n  4. The fees, rates, rents or other charges established, fixed and\nrevised from time to time by the water board shall be collected by the\nwater board at such times and in such manner as may be determined by the\nrules and regulations adopted by the water board consistent with the\nprovisions of this title.\n  4-a. (a) The water board may enter into agreements with one or more\nfinancing agencies or card issuers to provide for the acceptance by the\nwater board of credit cards as a means of payment of fees, rates, rent\nor other charges owed by a person to the water board. Any such agreement\nshall govern the terms and conditions upon which a credit card proffered\nas a means of payment of a fee, rate, rent or other charge shall be\naccepted or declined and the manner in and conditions upon which the\nfinancing agency or card issuer shall pay to the water board the amount\nof fees, rates, rent or other charges paid by means of a credit card\npursuant to such agreement. Any such agreement may provide for the\npayment by the water board to such financing agency or card issuer of\nfees for the services provided by such financing agency or card issuer\npursuant to such agreement, which fees may consist of a discount\ndeducted from or payable in respect to the amount of each such fee,\nrate, rent or other charge or otherwise as the agreement may provide.\n  (b) If the water board has entered into an agreement pursuant to\nparagraph (a) of this subdivision, it may accept credit cards as a means\nof payment of fees, rates, rent or other charges, as provided in any\nagreement entered into pursuant to paragraph (a) of this subdivision and\nmay pay such fees as are specified in such agreement to such financing\nagency or card issuer in consideration of the services rendered by such\nfinancing agency or card issuer thereunder; provided, however, that the\nwater board may require any person offering a credit card as a means of\npayment of such fee, rate, rent or other charge to pay to the water\nboard a reasonable administrative service fee not to exceed the costs\nincurred by the water board in connection with such credit card\ntransaction, which costs shall include any fee payable by the water\nboard to such financing agency or card issuer.\n  (c) The water board may promulgate any rules or regulations necessary\nto carry out the provisions of this subdivision.\n  (d) For purposes of this subdivision, the terms "card issuer", "credit\ncard", "financing agency" and "person" shall have the same meaning as\nprovided in subdivision (a) of section five of the general municipal\nlaw.\n  5. Such fees, rates, rents or other charges, if not paid when due,\nshall constitute a lien upon the premises served and a charge against\nthe owners thereof, which lien and charge shall bear interest at the\nsame rate as would unpaid taxes of the city. Such lien shall take\nprecedence over all other liens or encumbrances, except taxes, and may\nbe foreclosed against the lot or building served in the same manner as a\nlien for such taxes. The amount which remains due and unpaid for sixty\ndays may, with interest thereon at the same rate as unpaid city taxes\nand with reasonable attorneys' fees, be recovered by the water board in\na civil action in the name of the water board against such owners. The\ncity, and any state agency shall be subject to the same fees, rates,\nrents or other charges under the same conditions as other users of such\nwater system or sewerage system, or both, as the case may be. Tax exempt\norganizations shall be charged according to the provisions of chapter\nsix hundred ninety-six of the laws of eighteen hundred eighty-seven, as\namended by chapters eight hundred ninety-three and eight hundred\nninety-four of the laws of nineteen hundred eighty and by provisions\nwhich may by law extend the provisions of such chapters from time to\ntime. Any agreement for the supply of water or sewerage services between\nthe city or an agency thereof and any other municipality or water supply\nsystem, or any administrative determination by a state agency, or any\nother arrangement in this regard, in effect at the time the water board\nshall be established, shall remain in full force and effect and be\nbinding upon the water board as if it were a party to such agreement,\ndetermination or other arrangement.  All rights, powers, duties,\nobligations and functions provided by law with respect to the fixing of\ncharges or rates for the supply of water or sewerage services to users\noutside the city, including but not limited to those set forth in\narticle one of title K of chapter fifty-one of the administrative code\nof the city of New York and article eight of the environmental\nconservation law, shall be deemed to apply, as appropriate, to the water\nboard established pursuant to this title.  In addition to any other\nlawful enforcement methods and pursuant to rules and regulations of the\nwater board promulgated pursuant to this title, the payment of fees,\nrates, rents or other charges for water service or sewerage service to\nany premises may be enforced by discontinuing the water service or\nsewerage service to such premises provided that such discontinuance or\ndisconnection of any supply of water or the provision of sewerage\nservice, or both, as the case may be, shall not be carried out except in\nthe manner and upon the notice as is required of a water-works\ncorporation pursuant to subdivisions three-a, three-b and three-c of\nsection eighty-nine-b and section one hundred sixteen of the public\nservice law.\n  6. The water board shall pay to the authority such amounts at such\ntimes and in such manner as may be provided in the agreement by and\namong the authority, the water board and the city consistent with the\npriorities set forth in such agreement. There is hereby created a lien,\nby this title made a statutory lien within the meaning of the uniform\ncommercial code and any other state or federal law, upon the gross\nrevenues of the water board, in favor of the payment of all amounts due\npursuant to such agreement and in the order and priority set forth\ntherein and which lien shall be a first lien upon such gross revenues.\nThe gross revenues so subject to such statutory lien shall be and remain\nsubject to such statutory lien until the payment in full of each such\nitem in accordance with such priority. Said statutory lien shall not be\nconstrued to give any holder or owner of any bond of the authority power\nto compel the sale of any water system or sewerage system, as the case\nmay be.\n  7. If there be any default by the water board in the making of the\npayments to the authority required under this section, as a result of\nthe failure by the water board to impose sufficient fees, rates, rents\nor other charges, the authority may petition for the appointment by any\ncourt having jurisdiction in any proper action of a receiver to\nadminister on behalf of the water board, under the direction of said\ncourt, the affairs of the water board in order to achieve system\nrevenues at least sufficient to make such payments; and by and with the\napproval of said court, to establish, fix and revise, from time to time,\nfees, rates, rents or other charges at least sufficient therefor in\nconformity with this title, and the resolution or trust indenture of the\nauthority providing for the issuance of its bonds and in accordance with\nsuch orders as the court shall make.\n  8. The water board shall prepare and transmit to the city on or before\nthe first day of December in each year a list of those persons or\nproperty owners within such city who are in arrears in the payment of\nfees, rates, rents or other charges for a period of sixty days or more\nafter the last day fixed for payment thereof without penalty. The list\nshall contain a brief description of the properties for which the\nservices were provided, the names of the persons liable to pay for the\nsame and the amounts chargeable to each, including penalties and\ninterest computed to the next succeeding December thirty-first. The city\nshall levy such sums against the properties liable and shall state the\namount thereof in a separate column in the annual tax rolls of such city\nunder the name of "delinquent water charges" or "delinquent sewerage\ncharges" or "delinquent water and sewerage charges" as may be\nappropriate and as may be directed by the water board. Such amounts, as\nand when collected by the commissioner of finance of the city, shall be\npaid over to the water board. All of the provisions of the tax laws of\nthe state covering the enforcement and collection of unpaid taxes of the\ncity shall apply to the collection of such unpaid fees, rates, rents or\nother charges.\n  9. Neither the public service commission, nor any city or state\nagency, shall have any jurisdiction over the water board or authority or\nany power over the regulation of the fees, rates, rents or other charges\nestablished, fixed or revised by the water board except with respect to\nthe supply of water or sewerage services to users outside the city as\nprovided in article one of title K of chapter fifty-one of the\nadministrative code of the city of New York.\n  9-a. The water board shall hold public hearings, in each borough of\nthe city of New York, prior to promulgating or fixing annual water and\nsewer rates for such city. Notice of such public hearing shall be\nconspicuously published in a newspaper of general circulation, within\neach borough, at least one week prior to the hearing.\n
N.Y. RPT Law § 487 — New York Code / Act RPT / Article 4 / Title 2 / Section 487
Exemption from taxation for certain energy systems
Status: in_force

§ 487. Exemption from taxation for certain energy systems.  1. As used\nin this section:\n  (a) "Solar or wind energy equipment" means collectors, controls,\nenergy storage devices, heat pumps and pumps, heat exchangers,\nwindmills, and other materials, hardware or equipment necessary to the\nprocess by which solar radiation or wind is (i) collected, (ii)\nconverted into another form of energy such as thermal, electrical,\nmechanical or chemical, (iii) stored, (iv) protected from unnecessary\ndissipation and (v) distributed. It does not include pipes, controls,\ninsulation or other equipment which are part of the normal heating,\ncooling, or insulation system of a building. It does include insulated\nglazing or insulation to the extent that such materials exceed the\nenergy efficiency standards required by law.\n  (b) "Solar or wind energy system" means an arrangement or combination\nof solar or wind energy equipment designed to provide heating, cooling,\nhot water, or mechanical, chemical, or electrical energy by the\ncollection of solar or wind energy and its conversion, storage,\nprotection and distribution.\n  (c) "Authority" means the New York state energy research and\ndevelopment authority.\n  (d) "Incremental cost" means the increased cost of a solar or wind\nenergy system or farm waste energy system or component thereof which\nalso serves as part of the building structure, above that for similar\nconventional construction, which enables its use as a solar or wind\nenergy or farm waste energy system or component.\n  (e) "Farm waste electric generating equipment" means equipment that\ngenerates electric energy from biogas produced by the anaerobic\ndigestion of agricultural waste, such as livestock manure, farming waste\nand food processing wastes with a rated capacity of not more than one\nthousand kilowatts that is (i) manufactured, installed and operated in\naccordance with applicable government and industry standards, (ii)\nconnected to the electric system and operated in conjunction with an\nelectric corporation's transmission and distribution facilities, (iii)\noperated in compliance with the provisions of section sixty-six-j of the\npublic service law, (iv) fueled at a minimum of ninety percent on an\nannual basis by biogas produced from the anaerobic digestion of\nagricultural waste such as livestock manure materials, crop residues and\nfood processing wastes, and (v) fueled by biogas generated by anaerobic\ndigestion with at least fifty percent by weight of its feedstock being\nlivestock manure materials on an annual basis.\n  (f) "Farm waste energy system" means an arrangement or combination of\nfarm waste electric generating equipment or other materials, hardware or\nequipment necessary to the process by which agricultural waste biogas is\nproduced, collected, stored, cleaned, and converted into forms of energy\nsuch as thermal, electrical, mechanical or chemical and by which the\nbiogas and converted energy are distributed on-site. It does not include\npipes, controls, insulation or other equipment which are part of the\nnormal heating, cooling or insulation system of a building.\n  (g) "Micro-hydroelectric energy equipment" means any energy storage\ndevice, penstock, turbine, generator and other materials, hardware and\nequipment necessary to the process by which the flow of stream or river\nwater or water from other water bodies is (i) converted into electrical\nenergy; (ii) protected from unnecessary dissipation; and (iii)\ndistributed. It does not include pipes, controls, insulation or other\nequipment which are part of the normal heating, cooling, or insulation\nsystem of a building. It does not include insulated glazing or\ninsulation to the extent that such materials exceed the energy\nefficiency standards established by law.\n  (h) "Micro-hydroelectric energy system" means an arrangement or\ncombination of micro-hydroelectric energy equipment designed to provide\nelectrical energy by the use of flowing water. It does not include\npipes, controls, insulation or other equipment which are part of the\nnormal heating, cooling, or insulation system of a building. It does not\ninclude insulated glazing or insulation to the extent that such\nmaterials exceed the energy efficiency standards established by law.\n  (i) "Fuel cell electric generating equipment" means a solid oxide,\nmolten carbonate, proton exchange membrane or phosphoric acid fuel cell\nwith a combined rated capacity of not more than two thousand kilowatts.\nIt does not include insulated glazing or insulation to the extent that\nsuch materials exceed the energy efficiency standards established by\nlaw.\n  (j) "Fuel cell electric generating system" means an arrangement or\ncombination of equipment designed to produce electrical energy through\nreaction of chemicals, including but not limited to hydrogen, oxygen,\nmethane and natural gas.\n  (k) "Micro-combined heat and power generating equipment" means an\nintegrated, cogenerating building heating and electrical power\ngeneration system, owned, leased or operated by a residential customer,\nlocated at such customer's premises, operating on any fuel and of any\napplicable engine, fuel cell, fuel-flexible linear generator or other\ntechnology with a rated capacity of at least one kilowatt and not more\nthan ten kilowatts electric and any thermal output that has a design\ntotal fuel use efficiency in the production of heat and electricity of\nnot less than eighty percent, and annually produces at least two\nthousand kilowatt hours of useful energy in the form of electricity that\nmay work in combination with supplemental or parallel conventional\nheating systems, that is manufactured, installed and operated in\naccordance with applicable government and industry standards, that is\nconnected to the electric system and operated in conjunction with an\nelectric corporation's transmission and distribution facilities. It does\nnot include pipes, controls, insulation or other equipment which are\npart of the normal heating, cooling, or insulation system of a building.\nIt does not include insulated glazing or insulation to the extent that\nsuch materials exceed the energy efficiency standards established by\nlaw.\n  (l) "Micro-combined heat and power generating equipment system" means\nan arrangement or combination of equipment designed to produce\nelectrical energy and heat for a residential customer on such customer's\npremises.\n  (m) "Electric energy storage equipment" means a set of technologies\ncapable of storing electric energy and releasing that energy as electric\npower at a later time. Electric energy storage technologies may store\nenergy as potential, kinetic, chemical or thermal energy, that can be\nreleased as electric power and include, but are not limited to, various\ntypes of batteries, flywheels, electrochemical capacitors, compressed\nair storage and thermal storage devices.\n  (n) "Electric energy storage system" means an arrangement or\ncombination of equipment designed to store electrical energy in electric\nenergy storage equipment and release electric power at a later time.\n  (o) "Fuel-flexible linear generator electric generating equipment" or\n"fuel-flexible linear generator" means an integrated system consisting\nof oscillators, cylinders, electricity conversion equipment and\nassociated balance of plant components that directly convert the linear\nmotion of the oscillators into electricity and which has a combined\nrated capacity of not more than two thousand kilowatts.\n  (p) "Fuel-flexible linear generator electric generating system" means\nan arrangement or combination of fuel-flexible linear generator electric\ngenerating equipment designed to produce electrical energy from linear\nmotion created by the reaction of gaseous or liquid fuels, including but\nnot limited to biogas and natural gas.\n  2. Real property which includes a solar or wind energy system, farm\nwaste energy system, micro-hydroelectric energy system, fuel cell\nelectric generating system, micro-combined heat and power generating\nequipment system, electric energy storage equipment and electric energy\nstorage system, or fuel-flexible linear generator electric generating\nsystem approved in accordance with the provisions of this section shall\nbe exempt from taxation to the extent of any increase in the value\nthereof by reason of the inclusion of such solar or wind energy system,\nfarm waste energy system, micro-hydroelectric energy system, fuel cell\nelectric generating system, micro-combined heat and power generating\nequipment system, electric energy storage equipment and electric energy\nstorage system, or fuel-flexible linear generator electronic generating\nsystem for a period of fifteen years. When a solar or wind energy system\nor components thereof, farm waste energy system, micro-hydroelectric\nenergy system, fuel cell electric generating system, micro-combined heat\nand power generating equipment system, electric energy storage equipment\nand electric energy storage system, or fuel-flexible linear generator\nelectronic generating system also serve as part of the building\nstructure, the increase in value which shall be exempt from taxation\nshall be equal to the assessed value attributable to such system or\ncomponents multiplied by the ratio of the incremental cost of such\nsystem or components to the total cost of such system or components. The\nexemption provided by this section is inapplicable to any structure that\nsatisfies the requirements for exemption under section four hundred\neighty-three-e of this title.\n  3. The president of the authority shall provide definitions and\nguidelines for the eligibility for exemption of the solar and wind\nenergy equipment and systems, farm waste energy equipment and systems,\nmicro-hydroelectric equipment and systems, fuel cell electric generating\nequipment and systems, micro-combined heat and power generating\nequipment and systems, electric energy storage equipment and electric\nenergy storage system, and fuel-flexible linear generator electric\ngenerating equipment and systems described in paragraphs (a), (b), (e),\n(f), (g), (h), (i), (j), (k), (l), (m), (n), (o) and (p) of subdivision\none of this section.\n  4. No solar or wind energy system, farm waste energy system,\nmicro-hydroelectric energy system, fuel cell electric generating system,\nmicro-combined heat and power generating equipment system, electric\nenergy storage equipment and electric energy storage system, or\nfuel-flexible linear generator electric generating system shall be\nentitled to any exemption from taxation under this section unless such\nsystem meets the guidelines set by the president of the authority and\nall other applicable provisions of law.\n  5. The exemption granted pursuant to this section shall only be\napplicable to (a) solar or wind energy systems or farm waste energy\nsystems which are (i) existing or constructed prior to July first,\nnineteen hundred eighty-eight or (ii) constructed subsequent to January\nfirst, nineteen hundred ninety-one and prior to January first, two\nthousand thirty, and (b) micro-hydroelectric energy systems, fuel cell\nelectric generating systems, micro-combined heat and power generating\nequipment systems, electric energy storage equipment or electric energy\nstorage system, or fuel-flexible linear generator electric generating\nsystem which are constructed subsequent to January first, two thousand\neighteen and prior to January first, two thousand thirty.\n  6. Such exemption shall be granted only upon application by the owner\nof the real property on a form prescribed and made available by the\ncommissioner in cooperation with the authority. The applicant shall\nfurnish such information as the commissioner shall require. The\napplication shall be filed with the assessor of the appropriate county,\ncity, town or village on or before the taxable status date of such\ncounty, city, town or village. A copy of such application shall be filed\nwith the authority.\n  7. If the assessor is satisfied that the applicant is entitled to an\nexemption pursuant to this section, he or she shall approve the\napplication and enter the taxable assessed value of the parcel for which\nan exemption has been granted pursuant to this section on the assessment\nroll with the taxable property, with the amount of the exemption set\nforth in a separate column as computed pursuant to subdivision two of\nthis section in a separate column. In the event that real property\ngranted an exemption pursuant to this section ceases to be used\nprimarily for eligible purposes, the exemption granted pursuant to this\nsection shall cease.\n  8. (a) Notwithstanding the provisions of subdivision two of this\nsection, a county, city, town or village may by local law or a school\ndistrict, other than a school district to which article fifty-two of the\neducation law applies, may by resolution provide either (i) that no\nexemption under this section shall be applicable within its jurisdiction\nwith respect to any solar or wind energy system or farm waste energy\nsystem which began construction subsequent to January first, nineteen\nhundred ninety-one or the effective date of such local law, ordinance or\nresolution, whichever is later, and/or (ii) that no exemption under this\nsection shall be applicable within its jurisdiction with respect to any\nmicro-hydroelectric energy system, fuel cell electric generating system,\nmicro-combined heat and power generating equipment system, electric\nenergy storage equipment or electric energy storage system, or\nfuel-flexible linear generator electric generating system constructed\nsubsequent to January first, two thousand eighteen or the effective date\nof such local law, ordinance or resolution, whichever is later. A copy\nof any such local law or resolution shall be filed with the commissioner\nand with the president of the authority.\n  (b) Construction of a solar or wind energy system or a farm waste\nenergy system shall be deemed to have begun upon the full execution of a\ncontract or interconnection agreement with a utility; provided however,\nthat if such contract or interconnection agreement requires a deposit to\nbe made, then construction shall be deemed to have begun when the\ncontract or interconnection agreement is fully executed and the deposit\nis made. The owner or developer of such a system shall provide written\nnotification to the appropriate local jurisdiction or jurisdictions upon\nexecution of the contract or the interconnection agreement.\n  9. (a) A county, city, town, village or school district, except a\nschool district under article fifty-two of the education law, that has\nnot acted to remove the exemption under this section may require the\nowner of a property which includes a solar or wind energy system which\nmeets the requirements of subdivision four of this section, to enter\ninto a contract for payments in lieu of taxes. Such contract may require\nannual payments in an amount not to exceed the amounts which would\notherwise be payable but for the exemption under this section. If the\nowner or developer of such a system provides written notification to a\ntaxing jurisdiction of its intent to construct such a system, then in\norder to require the owner or developer of such system to enter into a\ncontract for payments in lieu of taxes, such taxing jurisdiction must\nnotify such owner or developer in writing of its intent to require a\ncontract for payments in lieu of taxes within sixty days of receiving\nthe written notification. Written notification to a taxing jurisdiction\nfor this purpose shall include a hard copy letter sent to the\nhighest-ranking official of the taxing jurisdiction. Such letter shall\nexplicitly reference subdivision nine of section four hundred\neighty-seven of the real property tax law, and clearly state that,\nunless the taxing jurisdiction responds within sixty days in writing\nwith its intent to require a contract for payments in lieu of taxes,\nsuch project shall not be obligated to make such payments.\n  (b) Notwithstanding paragraph (a) of this subdivision, should a taxing\njurisdiction adopt a law or resolution at any time within or prior to\nthe sixty day window, indicating the taxing jurisdiction's ongoing\nintent to require a contract for payments in lieu of taxes for such\nsystems, such law or resolution shall be considered notification to\nowners or developers and no further action is required on the part of\nthe taxing jurisdiction, provided that such law or resolution remains in\neffect through the end of the sixty day notification period.\n  (c) Any payment in lieu of a tax agreement shall not operate for a\nperiod of more than fifteen years, commencing in each instance from the\ndate on which the benefits of such exemption first become available and\neffective.\n  10. Notwithstanding the foregoing provisions of this section, on or\nafter April first, two thousand nineteen, a county, city, town or\nvillage may by local law or a school district, other than a school\ndistrict to which article fifty-two of the education law applies, may by\nresolution provide that real property that comprises or includes a solar\nor wind energy system, farm waste energy system, microhydroelectric\nenergy system, fuel cell electric generating system, microcombined heat\nand power generating equipment system, electric energy storage system,\nor fuel-flexible linear generator as such terms are defined in\nparagraphs (b), (f), (h), (j), (l), (n), and (o) of subdivision one of\nthis section (hereinafter, individually or collectively, "energy\nsystem"), shall be permanently exempt from any taxation, special ad\nvalorem levies, and special assessments to the extent provided in\nsection four hundred ninety of this article, and the owner of such\nproperty shall not be subject to any requirement to enter into a\ncontract for payments in lieu of taxes in accordance with subdivision\nnine of this section, if: (a) the energy system is installed on real\nproperty that is owned or controlled by the state of New York, a\ndepartment or agency thereof, or a state authority as that term is\ndefined by subdivision one of section two of the public authorities law;\nand (b) the state of New York, a department or agency thereof, or a\nstate authority as that term is defined by subdivision one of section\ntwo of the public authorities law has agreed to purchase the energy\nproduced by such energy system or the environmental credits or\nattributes created by virtue of the energy system's operation, in\naccordance with a written agreement with the owner or operator of such\nenergy system. Such exemption shall be granted only upon application by\nthe owner of the real property on a form prescribed by the commissioner,\nwhich application shall be filed with the assessor of the appropriate\ncounty, city, town or village on or before the taxable status date of\nsuch county, city, town or village.\n
N.Y. MDW Law § 50-A — New York Code / Act MDW / Article 3 / Title 2 / Section 50-A
Entrances: doors, locks and intercommunication systems
Status: in_force

§ 50-a. Entrances: doors, locks and intercommunication systems.  1.\nEvery entrance from the street, passageway, court, yard, cellar, or\nsimilar entrance to a class A multiple dwelling erected or converted\nafter January first, nineteen hundred sixty-eight, except an entrance\nleading to the main entrance hall or lobby which main entrance hall or\nlobby is equipped with one or more automatic self-locking doors, shall\nbe equipped with automatic self-closing and self-locking doors and such\ndoors shall be locked at all times except when an attendant shall\nactually be on duty. Every entrance from the roof to such a dwelling\nshall be equipped with a self-closing door which shall not be\nself-locking and which shall be fastened on the inside with movable\nbolts, hooks or a lock which does not require a key to open from inside\nthe dwelling.\n  2. Every class A multiple dwelling erected or converted after January\nfirst, nineteen hundred sixty-eight containing eight or more apartments\nshall also be equipped with an intercommunication system. Such\nintercommunication system shall be located at an automatic self-locking\ndoor giving public access to the main entrance hall or lobby of said\nmultiple dwelling and shall consist of a device or devices for voice\ncommunication between the occupant of each apartment and a person\noutside said door to the main entrance hall or lobby and to permit such\napartment occupant to release the locking mechanism of said door from\nthe apartment.\n  3. On or after January first, nineteen hundred sixty-nine, every class\nA multiple dwelling erected or converted prior to January first,\nnineteen hundred sixty-eight, shall be equipped with automatic\nself-closing and self-locking doors, which doors shall be kept locked\nexcept when an attendant shall actually be on duty, and with the\nintercommunication system described in paragraph two of this section,\nprovided that tenants occupying a majority of all the apartments within\nthe structure comprising the multiple dwelling affected request or\nconsent in writing to the installation of such doors and\nintercommunication system on forms which shall be prescribed by the\ndepartment, except that in the event a majority of tenants in occupancy\nrequest or consent on or after January first, nineteen hundred\nsixty-eight, to the installation of such doors or intercommunication\nsystem such installation shall be started within ninety days, but need\nnot be completed until six months after the owner's receipt of requests\nor consents by a majority of the tenants, except that in any such\nmultiple dwelling owned or operated by a municipal housing authority\norganized pursuant to article thirteen of the public housing law, such\ninstallation need not be completed until one year after the owner's\nreceipt of requests or consents by a majority of the tenants. If the\ndwelling is subject to regulation and control of its residential rents\npursuant to the local emergency housing rent control act, the local city\nhousing rent agency shall upon the filing of executed forms containing\nthe required requests or consents, prescribe the terms under which the\ncosts of providing such doors and intercommunication systems may be\nrecovered by the owner from the tenants. In any multiple dwelling built\npursuant to the provisions of the redevelopment companies law in which\nresidential rents are limited by contract, the costs of providing such\ndoors and intercommunication systems may be recovered by the owner from\nthe tenants. The terms under which such costs may be recovered shall be\nthe same as those prescribed by the local city housing rent agency in\nthe city in which the multiple dwelling is located for dwellings subject\nto regulation and control of rent pursuant to the local emergency\nhousing rent control act. Such costs shall not be deemed to be "rent" as\nthat term is limited and defined in the contract.\n  4. All such self-closing and self-locking doors, and\nintercommunication systems shall be of a type approved by the department\nand by such other department as may be prescribed by law and shall be\ninstalled and maintained in a manner prescribed by the department and by\nsuch other department.\n  5. Every owner who shall fail to install and maintain the equipment\nrequired by this section, in the manner prescribed by the department,\nand by such other department as may be prescribed by law, and any person\nwho shall wilfully destroy, damage, or jam or otherwise interfere with\nthe proper operation of, or remove, without justification, such\nequipment or any part thereof shall be guilty of a misdemeanor as\nprovided in subdivision one of section three hundred four of the\nmultiple dwelling law and shall be punishable as provided therein.\n
N.Y. RPT Law § 320 — New York Code / Act RPT / Article 3 / Title 2 / Section 320
Certification as eligible for the position of assessor
Status: in_force

§ 320. Certification as eligible for the position of assessor. 1. Any\nperson who is not an assessor may be certified as eligible for the\nposition of assessor where such person:\n  (a) meets the minimum qualification standards prescribed by the\ncommissioner for such purpose and successfully completes the basic\ncourse of training and passes an examination demonstrating successful\ncompletion of such course prescribed by the commissioner;\n  (b) meets the minimum qualification standards established by the\ncommissioner for appointed assessors and passes an examination conducted\nby the commissioner for this purpose; or\n  (c) possesses a professional designation as described in paragraph (b)\nof subdivision three of section three hundred eighteen of this title and\nthe commissioner, in its discretion, waives any of the courses of\ntraining or examination.\n  2. Such certification shall specify that such person is eligible for\nthe position of assessor in accordance with the classification of\nassessing units established by the commissioner pursuant to subdivision\none of section three hundred eighteen of this title. Certification as\neligible for the position of assessor shall be for a period of three\nyears and may be renewed after the expiration of this period with or\nwithout examination in accordance with regulations established by the\ncommissioner. Upon request by an assessing unit, the commissioner shall\nprovide a list of candidates certified as eligible for the position of\nassessor pursuant to this section.\n
N.Y. PBA Law § 3407 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3407
Bonds or notes of the corporation
Status: in_force

§ 3407. Bonds or notes of the corporation. 1. The corporation shall\nhave the power and is hereby authorized from time to time to issue\nbonds, notes or other obligations to pay the cost of any project or for\nany other corporate purpose, including the establishment of reserves to\nsecure the bonds, the payment of principal of, premium, if any, and\ninterest on the bonds and the payment of incidental expenses in\nconnection therewith.  The corporation shall have the power and is\nhereby authorized to enter into such agreements and perform such acts as\nmay be required under any applicable federal legislation to secure a\nfederal guarantee or other subsidy with respect to any bonds.\n  2. The corporation shall have the power from time to time to renew\nbonds or to issue renewal bonds for such purpose, to issue bonds to pay\nbonds, and, whenever it deems refunding expedient, to refund any bond by\nthe issuance of new bonds, whether the bonds to be refunded have or have\nnot matured, and may issue bonds, partly to refund bonds then\noutstanding and partly for any other corporate purpose of the\ncorporation.  Bonds issued for refunding purposes shall be sold and the\nproceeds applied to the purchase, redemption or payment of the bonds or\nnotes to be refunded.\n  3. Bonds issued by the corporation may be general obligations secured\nby the faith and credit of the corporation or may be special obligations\npayable solely out of particular revenues or other monies as may be\ndesignated in the proceedings of the corporation under which the bonds\nshall be authorized to be issued, subject as to priority only to any\nagreements with the holders of outstanding bonds pledging any particular\nproperty, revenues or monies.  The corporation may also enter into loan\nagreements, lines of credit and other security agreements and obtain for\nor on its behalf letters of credit, insurance, guarantees or other\ncredit enhancements to the extent now or hereafter available, in each\ncase for the purpose of securing its bonds or notes or to provide direct\npayment of any amounts which the corporation is authorized to pay.\n  4. Bonds shall be authorized by resolution of the corporation, and may\nbe in such denominations and bear such date or dates and mature at such\ntime or times as such resolution may provide, except that bonds and any\nrenewals thereof shall mature within forty years from the date of\noriginal issuance of any such bonds.  Obligations with a maturity of\nfive years or less from the date of their original issuance may be\ndesignated as notes. Bonds shall be subject to such terms of redemption,\nbear interest at such rate or rates per annum payable at such times, be\nin such form, carry such registration privileges, be executed in such\nmanner, be payable in such medium of payment at such place or places,\nand be subject to such terms and conditions as such resolution may\nprovide. Bonds may be sold at public or private sale for such price or\nprices as the corporation shall determine, provided that no bonds of the\ncorporation, other than obligations designated as notes, may be sold by\nthe corporation at private sale unless such sale in the terms thereof\nhave been approved in writing by the comptroller, where such sale is not\nto be to such comptroller, or by the state director of the division of\nthe budget, where such sale is to be to the comptroller. The corporation\nmay pay all expenses, premiums and commissions which it may deem\nnecessary or advantageous in connection with the issuance and sale of\nbonds.\n  5. Any resolution or resolutions authorizing bonds or any issue of\nbonds by the corporation may contain provisions which may be a part of\nthe contract with the holders of the bonds thereby authorized as to:\n  (a) pledging all or part of the revenues, together with any other\nmonies or property of the corporation to secure the payment of the\nbonds, or any costs of issuance thereof, including but not limited to,\nany contracts, earnings or proceeds of any grant to the corporation\nreceived from any private or public source subject to such agreements\nwith bondholders as may then exist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) the rates, rents, fees and other charges to be fixed and collected\nby the corporation and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) limitations on the right of the corporation to restrict and\nregulate the use of the project or part thereof in connection with which\nbonds are issued;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto, and the manner in which such\nconsent may be given;\n  (h) the creation of special funds into which any revenues or monies\nmay be deposited;\n  (i) the terms and provisions of any trust, mortgage, deed or indenture\nsecuring the bonds under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the corporation may determine which may include\nany or all of the rights, powers and duties of the trustees appointed by\nthe bondholders pursuant to section thirty-four hundred eight of this\ntitle and limiting the rights of the bondholders to appoint a trustee\nunder such section or limiting the rights, duties and powers of such\ntrustee;\n  (k) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the corporation to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right appointment\nof a receiver, provided, however, that such rights and remedies shall\nnot be inconsistent with the general laws of the state and other\nprovisions of this title;\n  (l) limitations on the power of the corporation to sell or otherwise\ndispose of any project or any part thereof or other property;\n  (m) limitations on the amount of revenues and other monies to be\nexpended or operating, administrative or other expenses of the\ncorporation;\n  (n) the payment of the proceeds of bonds, revenues and other monies to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the corporation may\ndetermine; and\n  (o) any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of the bondholders.\n  6. In addition to the powers herein conferred upon the corporation to\nsecure its bonds, the corporation shall have the power in connection\nwith the issuance of bonds to adopt resolutions and enter into such\ntrust indentures, agreements or other instruments as the corporation may\ndeem necessary, convenient or desirable concerning the use or\ndisposition of its revenues or other monies or property, including the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, monies or property and\nthe doing of any act, including refraining from doing any act which the\ncorporation would have the right to do in the absence of such\nresolutions, trust indentures, agreements or other instruments. The\ncorporation shall have power to enter into amendments of any such\nresolutions, trust indentures, agreements or other instruments within\nthe powers granted to the corporation by this title and to perform such\nresolutions, trust indentures, agreements or other instruments. The\nprovisions of any such resolutions, trust indentures, agreements or\nother instruments may be made a part of the contract with the holders of\nbonds of the corporation.\n  7. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmonies, accounts, contract rights, general intangibles or other personal\nproperty made or created by the corporation shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the corporation\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  8. Whether or not the bonds of the corporation are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  9. Neither the directors nor the non-voting representatives nor the\nofficers of the corporation nor any person executing its bonds shall be\nliable personally on its bonds or be subject to any personal liability\nor accountability by reason of the issuance thereof.\n  10. Subject to such agreements with bondholders as may then exist, the\ncorporation shall have power out of any funds available therefor to\npurchase bonds of the corporation, in lieu of redemption, at a price not\nexceeding, if the bonds are then redeemable, the redemption price then\napplicable plus accrued interest to the next interest payment date, or,\nif the bonds are not then redeemable, the redemption price applicable on\nthe first date after such purchase upon which the bonds become subject\nto redemption plus accrued interest to the next interest payment date.\nBonds so purchased shall thereupon be canceled.\n  11. The corporation shall have power and is hereby authorized to issue\nnegotiable bond anticipation notes in conformity with applicable\nprovisions of the uniform commercial code and may renew the same from\ntime to time but the maximum maturity of any such note, including\nrenewals thereof, shall not exceed five years from the date of issue of\nsuch original note.\n
N.Y. EDN Law § 2590-H — New York Code / Act EDN / Title 2 / Article 52-A / Section 2590-H
Powers and duties of chancellor
Status: in_force

* § 2590-h. Powers and duties of chancellor.  The office of chancellor\nof the city district is hereby continued. Such chancellor shall serve at\nthe pleasure of and be employed by the mayor of the city of New York by\ncontract. The chancellor shall meet the requirements of subdivision one\nof section three thousand three of this chapter, provided that a person\nwho has been issued a certificate as superintendent of schools pursuant\nto subdivision three of such section may serve as chancellor on the\nbasis of such certificate for no longer than six months. The length of\nsuch contract shall not exceed by more than two years the term of office\nof the mayor authorizing such contract. The chancellor shall receive a\nsalary to be fixed by the mayor within the budgetary allocation\ntherefor. He or she shall exercise all his or her powers and duties in a\nmanner not inconsistent with the city-wide educational policies of the\ncity board. The chancellor shall have the following powers and duties as\nthe superintendent of schools and chief executive officer for the city\ndistrict, which the chancellor shall exercise to promote an equal\neducational opportunity for all students in the schools of the city\ndistrict, promote fiscal and educational equity, increase student\nachievement and school performance and encourage local school-based\ninnovation, including the power and duty to:\n  1. Control and operate:\n  (a) academic and vocational senior high schools until such time as the\nsame may be transferred to the jurisdiction of appropriate community\ndistrict education councils pursuant to this article;\n  (b) all specialized senior high schools. The special high schools\nshall include the present schools known as:\n  The Bronx High School of Science, Stuyvesant High School, Brooklyn\nTechnical High School, Fiorello H. LaGuardia High School of Music and\nthe Arts in the borough of Manhattan, and such further schools which the\ncity board may designate from time to time. The special schools shall be\npermitted to maintain a discovery program in accordance with the law in\neffect on the date preceding the effective date of this section;\nadmissions to the special schools shall be conducted in accordance with\nthe law in effect on the date preceding the effective date of this\nsection;\n  (c) all special education programs and services conducted pursuant to\nthis chapter;\n  (d) subject to the provisions of section twenty-five hundred ninety-i\nof this article, devolving powers to the schools, city-wide programs for\ncity-wide services to a substantial number of persons from more than one\ncommunity district, including transportation; food services; payroll and\npersonnel functions, including pension and retirement services; and\nenforcement of laws and regulations promoting equal opportunity in\nemployment, access to public accommodations and facilities, equal\nopportunity in education, and preventing and addressing unlawful\ndiscrimination; provided, however, that a community district may also\noperate within its district programs which provide similar services\notherwise authorized by this article.\n  2. Establish, control and operate new schools or programs of the types\nspecified in subdivision one of this section, or to discontinue any such\nschools and programs as he or she may determine; provided, however, that\nthe chancellor shall consult with the affected community district\neducation council before:\n  (a) substantially expanding or reducing such an existing school or\nprogram within a community district;\n  (b) initially utilizing a community district school or facility for\nsuch a school or program;\n  (c) instituting any new program within a community district.\n  2-a. (a) Notwithstanding any other provision to the contrary, prepare\nan educational impact statement regarding any proposed school closing or\nsignificant change in school utilization, including the phase-out, grade\nreconfiguration, re-siting, or co-location of schools, for any public\nschool located within the city district.\n  (b) Such educational impact statement shall include the following\ninformation regarding the proposed school closing or significant change\nin school utilization:\n  (i) the current and projected pupil enrollment of the affected school,\nthe prospective need for such school building, the ramifications of such\nschool closing or significant change in school utilization upon the\ncommunity, initial costs and savings resulting from such school closing\nor significant change in school utilization, the potential disposability\nof any closed school;\n  (ii) the impacts of the proposed school closing or significant change\nin school utilization to any affected students;\n  (iii) an outline of any proposed or potential use of the school\nbuilding for other educational programs or administrative services;\n  (iv) the effect of such school closing or significant change in school\nutilization on personnel needs, the costs of instruction,\nadministration, transportation, and other support services;\n  (v) the type, age, and physical condition of such school building,\nmaintenance, and energy costs, recent or planned improvements to such\nschool building, and such building's special features;\n  (vi) the ability of other schools in the affected community district\nto accommodate pupils following the school closure or significant change\nin school utilization; and\n  (vii) information regarding such school's academic performance\nincluding whether such school has been identified as a school under\nregistration review or has been identified as a school requiring\nacademic progress, a school in need of improvement, or a school in\ncorrective action or restructuring status.\n  (c) Such educational impact statement shall be made publicly\navailable, including via the city board's official internet website, and\na copy shall also be filed with the city board, the impacted community\ncouncil, community boards, community superintendent, and school based\nmanagement team at least six months in advance of the first day of\nschool in the succeeding school year.\n  (d) No sooner than thirty days, but no later than forty-five days\nfollowing the filing of the educational impact statement, the chancellor\nor deputy chancellor, or in the case of a proposed significant change in\nschool utilization the chancellor or his or her designee, shall hold a\njoint public hearing with the impacted community council and school\nbased management team, at the school that is subject to the proposed\nschool closing or significant change in school utilization, and shall\nallow all interested parties an opportunity to present comments or\nconcerns regarding the proposed school closing or significant change in\nschool utilization. The chancellor shall ensure that notice of such\nhearing is widely and conspicuously posted in such a manner to maximize\nthe number of affected individuals that receive notice, including\nproviding notice to affected parents and students, and shall also notify\nmembers of the community boards and the elected state and local\nofficials who represent the affected community district.\n  (d-1) So long as the revised proposal does not impact any school other\nthan a school that was identified in the initial educational impact\nstatement, the chancellor, after receiving public input, may\nsubstantially revise the proposed school closing or significant change\nin school utilization provided that the chancellor shall prepare a\nrevised educational impact statement, in the form prescribed in\nparagraph (b) of this subdivision, and publish and file such educational\nimpact statement in the same manner as prescribed in paragraph (c) of\nthis subdivision. No sooner than fifteen days following the filing of\nsuch revised educational impact statement, the chancellor or deputy\nchancellor, or in the case of a significant change in school utilization\nthe chancellor or his or her designee, shall hold a joint public hearing\nwith the impacted community council and school based management team, at\nthe school that is subject to the proposed school closing or significant\nchange in school utilization and shall allow all interested parties an\nopportunity to present comments and concerns regarding such proposal.\nThe chancellor shall ensure that notice of such hearing is widely and\nconspicuously posted in such a manner to maximize the number of affected\nindividuals that receive notice, including providing notice to affected\nparents and students, and shall also notify members of the community\nboards and the elected state and local officials who represent the\naffected community district.\n  (e) Except as otherwise provided in paragraph (f) of this subdivision,\nall proposed school closings or significant changes in school\nutilization shall be approved by the city board pursuant to section\ntwenty-five hundred ninety-g of this article and shall not take effect\nuntil all the provisions of this subdivision have been satisfied and the\nschool year in which such city board approval was granted, has ended.\n  (f) In the event that the chancellor determines that a school closing\nor significant change in school utilization is immediately necessary for\nthe preservation of student health, safety or general welfare, the\nchancellor may temporarily close a public school or adopt a significant\nchange in the school's utilization on an emergency basis. Such emergency\nschool closing or significant change in school utilization shall only\nremain in effect for six months, during such time the chancellor shall\ncomply with the requirements of this subdivision in order for such\nschool closure or significant change in school utilization to extend\nbeyond the six month period.\n  3. Subject to the approval of the city board, develop a plan to\nprovide for the establishment of comprehensive high schools within the\ncity district so that every community district shall have available to\nits graduates further education and a comprehensive high school. Such\nplan may provide for the conversion of academic and vocational high\nschools and may be amended or modified from time to time.\n  4. Appoint teacher-aides for the schools and programs under his or her\njurisdiction within the budgetary allocation therefor.\n  5. Retain jurisdiction over all employees who are required in\nconnection with the performance of duties with respect to the design,\nconstruction, operation and maintenance of all school buildings in the\ncity school district. Such employees shall have all rights accorded them\nunder the provisions of the civil service law, including manner of\nappointment, classification, promotion, transfer and removal including\nan opportunity to be heard provided, however, that each custodian shall\nbe responsible for the performance of his or her duties to the principal\nof the school who shall be responsible to the district superintendent.\n  6. Employ or retain counsel subject to the powers and duties of the\ncorporation counsel of the city of New York to be his or her attorney\nand counsel pursuant to subdivision a of section three hundred\nninety-four of the New York city charter; provided, however, that in\nactions or proceedings between the city board or the chancellor and one\nor more community boards, the city board or the chancellor shall be\nrepresented by the corporation counsel of the city of New York.\n  7. To continue existing voluntary programs or to establish new\nprograms under which students may choose to attend a public school in\nanother community district.\n  8. Promulgate minimum clear educational standards, curriculum\nrequirements and frameworks, and mandatory educational objectives\napplicable to all schools and programs throughout the city district, and\nexamine and evaluate periodically all such schools and programs with\nrespect to\n  (i) compliance with such educational standards and other requirements,\nand\n  (ii) the educational effectiveness of such schools and programs, in a\nmanner not inconsistent with the policies of the city board.\n  9. Furnish community district education councils and the city board\nperiodically with the results of such examinations and evaluations and\nto make the same public.\n  10. Require each community superintendent to make an annual report\ncovering all matters relating to schools under the district's\njurisdiction including, but not limited to, the evaluation of the\neducational effectiveness of such schools and programs connected\ntherewith.\n  11. Require such community district education council or\nsuperintendent to make such number of periodic reports as may be\nnecessary to accomplish the purposes of this chapter.\n  13. Perform the following functions throughout the city district;\nprovided, however, that the chancellor and any community district\neducation council may agree that any such function may be appropriately\nperformed by the community district education council with respect to\nthe schools and programs under its jurisdiction:\n  (a) Technical assistance to community districts and schools;\n  (b) Such warehouse space on a regional basis as he or she determines\nto be necessary or appropriate after consultation with the community\nsuperintendents;\n  (c) Purchasing services on a city-wide, regional or community district\nbasis subject to subdivision thirty-six of this section;\n  (d) Reinforce and foster connections to institutions of higher\neducation to promote student achievement.\n  14. Develop and furnish pre-service and in-service training programs\nfor principals and other employees throughout the city district. In\naddition, the chancellor shall prepare and annually update a training\nplan for participating parents, and school personnel, which shall\ninclude, at minimum, such training as may be required for exercise of\ntheir responsibilities, full participation and compliance with the\nprovisions of this section. The chancellor shall, in addition, within\namounts appropriated, allocate sufficient funds directly and to the\nsuperintendents for teacher and principal training to meet identified\nneeds for school improvement.\n  15. Promote the involvement and appropriate input of all members of\nthe school community pursuant to the provisions of this article,\nincluding parents, teachers, and other school personnel, including:\n  (a) establishing a parents' association or a parent-teachers'\nassociation in each public school under the chancellor's jurisdiction;\nand ensuring that the districts and charter schools located within the\ncity district do the same; the chancellor shall ensure that meetings of\nsuch parents' associations or parent-teachers' associations shall comply\nwith section four hundred fourteen of this chapter;\n  (b) pursuant to a plan prepared in consultation with associations of\nparents, and representatives of teachers, supervisors, paraprofessionals\nand other school personnel within the city district, and promulgated no\nlater than January thirty-first, nineteen hundred ninety-eight, (i)\ntaking all necessary steps to ensure that no later than October first,\nnineteen hundred ninety-nine, the city district and the community\ndistricts are in full compliance, and remain in compliance thereafter,\nwith state and federal law and regulations concerning school-based\nmanagement and shared decision-making, including section 100.11 of the\ncommissioner's regulations, in a manner which balances participation by\nparents with participation by school personnel in advising in the\ndecisions devolved to schools pursuant to sections twenty-five hundred\nninety-i and twenty-five hundred ninety-r of this article, and (ii)\npursuant to such plan providing for appropriate training to any parent\nand school personnel who participate in the school based management and\nshared decision-making process;\n  (b-1) school based management teams developed pursuant to paragraph\n(b) of this subdivision shall possess the following powers and duties:\n  (i) develop an annual school comprehensive educational plan and\nconsult on the school-based budget pursuant to section twenty-five\nhundred ninety-r of this article. Such school comprehensive educational\nplan shall be developed concurrently with the development of the\nschool-based budget so that it may inform the decision-making process\nand result in the alignment of the comprehensive educational plan and\nthe school-based budget for the ensuing school year. Such plan shall be\nsubmitted to the community superintendent along with the principal's\nwritten justification demonstrating that the school-based budget\nproposal is aligned with the school's comprehensive educational plan and\nthe school based management team's response to such justification\npursuant to paragraph (h) of subdivision one of section twenty-five\nhundred ninety-f of this article. In the case of specialized, academic,\nvocational, and other high schools that are not under the jurisdiction\nof a community superintendent, such plan shall be submitted to the\nchancellor pursuant to subdivision e of section twenty-five hundred\nninety-r of this article. The chancellor shall ensure that the\ncomprehensive educational plan of every school within the city district\nis easily accessible and be made available for public inspection\nincluding via the city board's official internet website;\n  (ii) hold at least one meeting per month during the school year. Each\nmonthly meeting shall be held at a time that is convenient for the\nparent representatives;\n  (iii) provide notice of monthly meetings that is consistent with the\nopen meetings law;\n  (iv) have parent members of such teams make recommendations,\nconsistent with the chancellor's regulations, on the selection of the\nschool principal and have all members be consulted prior to the\nappointment of any principal candidate to its school;\n  (v) undergo initial and ongoing training that will allow its members\nto carry out their duties effectively;\n  (vi) dispute any decision made by the principal to the community\nsuperintendent pursuant to section twenty-five hundred ninety-f of this\narticle where members of the school based management team, other than\nthe principal, reach a consensus that the decision is inconsistent with\nthe goals and policies set forth in the school's existing comprehensive\neducational plan; and\n  (vii) provide to the community superintendent an annual assessment of\nthe school principal's record of developing an effective shared\ndecision-making relationship with school based management team members;\nand\n  (c) developing, in consultation with associations of parents in the\ncity district, and implementing no later than October first, nineteen\nhundred ninety-eight, a parental bill of rights which provides for, at\nminimum:\n  (i) reasonable access by parents, persons in parental relation and\nguardians to schools, classrooms, and academic and attendance records of\ntheir own children, consistent with federal and state laws, provided\nthat such access does not disrupt or interfere with the regular school\nprocess;\n  (ii) the rights of parents, persons in parental relation and guardians\nto take legal action and appeal the decisions of the school\nadministration, as authorized by law;\n  (iii) the right of parents, persons in parental relation and guardians\nto have information on their own child's educational materials;\n  (iv) access to and information about all public meetings, hearings of\nthe chancellor, the city board, the community superintendents, the\ncommunity district education councils, and the schools; and\n  (v) access to information regarding programs that allow students to\napply for admission where appropriate to schools outside a student's own\nattendance zone; and\n  (d) require each public school under the chancellor's jurisdiction to\nhave a parent coordinator who shall be responsible for engaging with and\ninvolving parents in the school community by working with the school\nprincipal, school personnel, school based management team, parent\nassociations, and community groups to identify parent and related school\nand community issues. The community district education council of each\nschool shall be consulted prior to the selection of the parent\ncoordinator. Such consultation shall include an opportunity for the\ncommunity district education council to meet with the final candidate or\ncandidates the school principal is considering selecting and to provide\nfeedback to the principal prior to the selection being made.\n  The chancellor shall by rule or regulation provide for the involvement\nincluding membership, in any parents' association or parent-teacher\nassociation established pursuant to this subdivision, of a grandparent\nwho is in parental relation to a child who attends a school within the\njurisdiction of the community school district. For purposes of this\nsubdivision, a grandparent shall be considered to be in parental\nrelation to a child when such grandparent has assumed care of such child\nbecause such child's parents are not available due to death,\nimprisonment, mental illness, living outside the state, abandonment of\nthe child, or other circumstances. A determination of whether a\ngrandparent is in parental relation to a child shall be based upon the\nindividual circumstances surrounding guardianship and custodial care of\nsuch child.\n  16. Promulgate such rules and regulations as he or she may determine\nto be necessary or convenient to accomplish the purposes of this act,\nnot inconsistent with the provisions of this article and the city-wide\neducational policies of the city board.\n  16-a. Create standards, policies, and objectives and promulgate\nregulations directly related to maintaining the internal fiscal\nintegrity of administrative operations by the chancellor, the community\ndistricts, and the schools.\n  17. Possess those powers and duties described in section twenty-five\nhundred fifty-four of this title, the exercise of which shall be in a\nmanner not inconsistent with the provisions of this article and the\ncity-wide educational policies of the city board.\n  18. Possess those powers and duties contained in section nine hundred\ntwelve of this chapter and those provisions of article fifteen of this\nchapter which relate to non-public schools, those powers and duties\ncontained in section five hundred twenty-two of the New York city\ncharter, and those powers and duties contained in article seventy-three\nof this chapter, the exercise of which shall be in a manner not\ninconsistent with the provisions of this article and the city-wide\neducational policies of the city board.\n  19. Delegate any of his or her powers and duties to such subordinate\nofficers or employees as he or she deems appropriate and to modify or\nrescind any power and duty so delegated.\n  20. Ensure compliance with qualifications established for all\npersonnel employed in the city district, including the taking of\nfingerprints as a prerequisite for licensure and/or employment of such\npersonnel. Every set of fingerprints taken pursuant to this subdivision\nshall be promptly submitted to the division of criminal justice services\nwhere it shall be appropriately processed. Furthermore, the division of\ncriminal justice services is authorized to submit the fingerprints to\nthe federal bureau of investigation for a national criminal history\nrecord check.\n  21. Perform the functions of the bureau of audit throughout the city\ndistrict, including ensuring compliance with subdivisions thirty-six and\nthirty-seven of this section.\n  22. Establish uniform procedures for record keeping, accounting and\nreporting throughout the city district, including pupil record keeping,\naccounting and reporting.\n  23. Develop an educational facilities master plan, and revisions\nthereto, as defined in section twenty-five hundred ninety-o of this\narticle.\n  24. Develop and implement a five-year educational facilities capital\nplan, and amendments thereto, as defined in section twenty-five hundred\nninety-p of this article. The chancellor shall also appoint a person,\nwho reports directly to the chancellor or his or her designee, to assist\nin the development and implementation of such plan and amendments\nthereto and to oversee the school buildings program.\n  25. On the chancellor's own initiative, or at the request of a\ncommunity superintendent, transfer a principal employed by a community\nschool district pursuant to an agreement with the employee organization\nrepresenting such principals. The chancellor shall establish a procedure\nfor consulting with affected parents to explain any such transfer.\nConsistent with section twenty-five hundred ninety-i of this article,\nincluding without limitation subdivision three thereof, and subdivision\none thereof with respect to the rights and obligations of a school to\nwhich a principal is transferred, in addition to any other law providing\nfor the transfer of principals, the chancellor also may cause the\ntransfer or removal of principals for persistent educational failure,\nconflicts of interest, and ethics violations, and may require principals\nto participate in training and other remedial programs to address\nidentified factors affecting student achievement and school performance.\n  26. Establish educational and experience qualifications and\nrequirements for all custodial positions including, but not limited to,\ncustodians and custodial engineers and develop standards for evaluating\nthe performance of all such individuals, subject to approval of the city\nboard. Such performance standards shall include, but not be limited to:\nthe cleanliness of facilities; adequacy and timeliness of minor repairs;\nmaintenance of good working order of facilities and grounds; general\nfacilities improvement; and emergency services. The chancellor shall\npromulgate regulations setting forth the respective responsibilities of\nthe district plant manager, which shall include regular consultation and\nongoing reports to the community superintendent, and the principal of\neach school for evaluating the performance of the custodial employees\nassigned to his or her school, in accordance with such performance\nstandards, and such performance evaluations shall be given dominant\nweight in any decision for the purposes of: advancement; continued\nemployment; building transfers; and other performance incentives. The\nresponsibility of the principal of each school in the evaluation of\ncustodial employees may be a matter for collective bargaining with\ncollective bargaining representatives for principals.\n  27. Promulgate regulations, in conjunction with each community\nsuperintendent, establishing a plan for providing access to school\nfacilities in each community school district, when not in use for school\npurposes, in accordance with the provisions of section four hundred\nfourteen of this chapter. Such plan shall set forth a reasonable system\nof fees not to exceed the actual costs and specify that no part of any\nfee shall directly or indirectly benefit or be deposited into an account\nwhich inures to the benefit of the custodians or custodial engineers.\n  29. Promulgate regulations establishing educational, managerial, and\nadministrative qualifications, performance record criteria, and\nperformance standards for the positions of superintendent and principal.\n  30. Select and appoint a community superintendent, in compliance with\nthe qualifications required by subdivision twenty-nine of this section\nand subject to the provisions of subdivision two of section twenty-five\nhundred ninety-j of this article, and in consultation with the\ncorresponding community district education council, at a salary to be\nfixed within the budgetary allocation therefor.\n  31. Intervene in any district or school which is persistently failing\nto achieve educational results and standards approved by the city board\nor established by the state board of regents, or has failed to improve\nits educational results and student achievement in accordance with such\nstandards or state or city board requirements, or in any school or\ndistrict in which there exists, in the chancellor's judgment, a state of\nuncontrolled or unaddressed violence. The chancellor may, in addition to\nexercising any other powers authorized by this article, require such\nschool principal, or district as the case may be, to prepare a\ncorrective action plan, with a timetable for implementation of steps\nacceptable to the chancellor to reach improvement goals consistent with\ncity board standards and educational results. The chancellor may require\nthe school or district to alter or improve the corrective action plan,\nor may directly modify the plan. The chancellor shall monitor\nimplementation of the plan, and, if the school or district fails to\nimplement it, may supersede any inconsistent decision of the school\nprincipal, community district education council or community\nsuperintendent; assume joint or direct control of the operation of the\nschool or district to implement the corrective action plan; or take any\nother action authorized by this article. Any action of the chancellor to\nsupercede an inconsistent decision of the school principal, community\ndistrict education council or community superintendent, or to assume\njoint or direct control of the operation of the school or district\npursuant to this subdivision may be appealed to the city board in\naccordance with section twenty-five hundred ninety-g of this article.\n  32. Appoint a deputy, for each borough of the city of New York,\nresponsible for coordinating and periodically meeting and consulting\nwith the borough president, the chancellor and the community\nsuperintendents in the borough on borough-specific issues and issues of\nborough-wide significance, including the provision of services in\nsupport of schools and community districts such as transportation,\npurchasing, capital planning, and coordination with municipal services,\nand chancellor and city board policy with respect to the high schools.\n  33. Require community school board members to participate in training\nand retraining in order to promote district and school performance and\nstudent achievement, as a continuing condition for membership.\n  35. Take all necessary steps to promote the effectiveness and\nintegrity of school-based budgeting pursuant to section twenty-five\nhundred ninety-r of this article, including the obligations imposed by\nsubdivision thirty-seven of this section.\n  36. Develop a procurement policy for the city school district of the\ncity of New York and the community districts and public schools therein\nto ensure the wise and prudent use of public money in the best interest\nof the taxpayers of the state; guard against favoritism, improvidence,\nextravagance, fraud, and corruption; and ensure that contracts are\nawarded consistent with law and on the basis of best value, including,\nbut not limited to, the following criteria: quality, cost and\nefficiency.\n  (a) Such policy shall specifically include:\n  (i) a competitive sealed bidding process for the awarding of contracts\nin which sealed bids are publicly solicited and opened and that a\ncontract is awarded to the lowest responsive, responsible bidder;\n  (ii) processes for awarding contracts using alternatives to\ncompetitive sealed bidding where competitive sealed bidding is not\npracticable or not advantageous, in which case the most competitive\nalternative method of procurement, which is appropriate under the\ncircumstances, shall be used consistent with the requirements of\nsubparagraph (vii) of this paragraph;\n  * (iii) measures to enhance the ability of minority and women owned\nbusiness enterprises pursuant to section thirteen hundred four of the\nNew York city charter and a certified business as defined in section\nthree hundred ten of the executive law, including firms certified\npursuant to article fifteen-A of the executive law and firms certified\nas minority and women owned business enterprises pursuant to section\nthirteen hundred four of the New York city charter, to compete for\ncontracts and to ensure their meaningful participation in the\nprocurement process. The school district shall have the authority to use\nthe same measures, to enhance minority and women owned business\nenterprise participation as are available to the city of New York\npursuant to article five-A of the general municipal law, section\nthirteen hundred four of the New York city charter, paragraphs one and\ntwo of subdivision i of section three hundred eleven of the New York\ncity charter, and section 6-129 of the administrative code of the city\nof New York;\n  * NB Effective until February 22, 2024\n  * (iii) measures to enhance the ability of minority and women owned\nbusiness enterprises pursuant to section thirteen hundred four of the\nNew York city charter and a certified business as defined in section\nthree hundred ten of the executive law, including firms certified\npursuant to article fifteen-A of the executive law and firms certified\nas minority and women owned business enterprises pursuant to section\nthirteen hundred four of the New York city charter, to compete for\ncontracts and to ensure their meaningful participation in the\nprocurement process. The city district shall have the authority to use\nthe same measures to enhance minority and women owned business\nenterprise and small business participation as are available to the city\nof New York pursuant to article five-A of the general municipal law,\nsections thirteen hundred four and thirteen hundred nine of the New York\ncity charter, paragraphs one and two of subdivision i of section three\nhundred eleven of the New York city charter, and section 6-129 of the\nadministrative code of the city of New York, provided that these\npolicies may establish that the city district is subject to the rules\nand goal authorized under subdivision g of section thirteen hundred nine\nof such charter with respect to a mentoring program established pursuant\nto this subparagraph, and provided further that, if such policies\nsubjecting the city district to such rules and goal are adopted, the\nchancellor and the city, acting by the mayor, may enter into a\nmemorandum of understanding relating to mentoring opportunities\nauthorized under this subparagraph;\n  * NB Effective February 22, 2024\n  * NB Repealed February 22, 2034 or upon the expiration of this section\nor subdivision (see chapter 604 of 2023 § 7 sb b)\n  (iv) the manner for administering contracts and overseeing the\nperformance of contracts and contractors;\n  (v) standards and procedures to be used in determining whether bidders\nare responsible;\n  (vi) circumstances under which procurement may be used for the\nprovision of technical, consultant or personal services;\n  (vii) requiring written justification for the basis, including the\nefficiency, benefit, and necessity, for awarding a contract using\nprocurement methods other than competitive sealed bidding including\ncompetitive sealed proposals and sole source contracts, and for awarding\ntechnical, consultant, or personal services contracts, franchises,\nrevocable consents, or concessions. Such written justification shall be\nfiled with the comptroller of the city of New York along with the\ncorresponding contract, franchise, revocable consent, or concession;\n  (viii) maintaining a file for every contract franchise, revocable\nconsent, and concession containing information pertaining to the\nsolicitation, award and management of every such contract or agreement.\nSuch file shall contain copies of each determination, writing or filing\nrequired by this subdivision and shall be open to public inspection with\nadequate protection for information which is confidential;\n  (ix) a process for the filing of all contracts, franchises, revocable\nconsents, and concessions with the comptroller of the city of New York;\n  * (x) a process for emergency procurement in the case of an unforeseen\ndanger to life, safety, property or a necessary service provided that\nsuch procurement shall be made with such competition as is practicable\nunder the circumstances and that a written determination of the basis\nfor the emergency procurement shall be required and filed with the\ncomptroller of the city of New York when such emergency contract is\nfiled with such comptroller; and\n  * NB Effective until May 15, 2024\n  * (x) a process for emergency procurement in the case of an unforeseen\ndanger to life, safety, property or a necessary service provided that\nsuch procurement shall be made with such competition as is practicable\nunder the circumstances and that a written determination of the basis\nfor the emergency procurement shall be required and filed with the\ncomptroller of the city of New York when such emergency contract is\nfiled with such comptroller;\n  * NB Effective May 15, 2024 and until May 15, 2029 or until sb 36\nexpires, whichever is sooner\n  * (x) a process for emergency procurement in the case of an unforeseen\ndanger to life, safety, property or a necessary service provided that\nsuch procurement shall be made with such competition as is practicable\nunder the circumstances and that a written determination of the basis\nfor the emergency procurement shall be required and filed with the\ncomptroller of the city of New York when such emergency contract is\nfiled with such comptroller; and\n  * NB Effective May 15, 2029 if sb 36 is still in effect\n  * (xi) procedures for the fair and equitable resolution of contract\ndisputes.\n  * NB Effective until May 15, 2024\n  * (xi) procedures for the fair and equitable resolution of contract\ndisputes; and\n  * NB Effective May 15, 2024 and until May 15, 2029 or until sb 36\nexpires, whichever is sooner\n  * (xi) procedures for the fair and equitable resolution of contract\ndisputes.\n  * NB Effective May 15, 2029 if sb 36 is still in effect\n  * (xii) employment goals established in accordance with the program\nestablished pursuant to section thirty-five hundred two of the New York\ncity charter, including but not limited to employment goals established\npursuant to paragraph seven of subdivision a and the corresponding best\nefforts provisions set forth in subdivision d of such section; provided,\nhowever, that where a provision of such section requires action by the\ndirector of the office of community hiring and workforce development,\nsuch action shall not be taken by the director of the office of\ncommunity hiring and workforce development but shall be taken by the\nchancellor or his or her designee.\n  * NB Effective May 15, 2024\n  * NB Repealed May 15, 2029 or upon the repeal of sb 36, whichever is\nearlier\n  (b) Consistent with the provisions of paragraph (a) of this\nsubdivision such policy shall also include: (i) standards for quality,\nfunction, and utility of all material goods, supplies, and services\npurchased by the chancellor, superintendents, or schools; (ii)\nregulations which enable superintendents and schools to purchase\nmaterial goods, supplies, and services directly from vendors or\nsuppliers when such products are available at prices or other terms more\neconomically beneficial for the purposes of the acquiring superintendent\nor school; and (iii) regulations shall include repair services and\nbuilding supplies, as defined in such regulations, for expenditures from\neach district's minor repair and purchasing funds pursuant to section\ntwenty-five hundred ninety-r of this article.\n  (c) The chancellor shall be responsible for certifying that the\nprocedural requisites pursuant to this subdivision and section\ntwenty-five hundred ninety-g of this article have been met, prior to the\nfiling any contract awarded by a procurement method other than\ncompetitive sealed bidding, or prior to filing any technical,\nconsultant, or personal services contract, franchise, revocable consent,\nor concession with the comptroller of the city of New York. The\ncorporation counsel for the city of New York shall certify prior to the\nfiling of such contract or agreement with the comptroller of the city of\nNew York, that the city district has legal authority to award each such\ncontract or agreement.\n  (d) (i) No contract, franchise, revocable consent or concession shall\nbe implemented until a copy has been filed with the comptroller of the\ncity of New York and either such comptroller has registered it or thirty\ndays have elapsed from the date of filing, whichever is sooner, unless\nan objection has been filed pursuant to subparagraph (iii) of this\nparagraph, or the comptroller of the city of New York has grounds for\nnot registering such contract or agreement under subparagraph (ii) of\nthis paragraph.\n  (ii) Subject to the provisions of subparagraph (iii) of this\nparagraph, the comptroller of the city of New York shall register such\ncontract or agreement within thirty days unless such comptroller has\ninformation indicating that:\n  (1) there remains no unexpended and unapplied balance of the\nappropriation or fund applicable thereto, sufficient to pay the\nestimated expense of executing such contract or agreement;\n  (2) a certification required pursuant to this paragraph has not been\nmade; or\n  (3) the proposed vendor has been debarred by the city of New York.\n  (iii) The comptroller of the city of New York may, within thirty days\nof the date of filing of the contract, franchise, revocable consent or\nconcession with his or her office, object in writing to the registration\nof such contract or agreement, if in such comptroller's judgment there\nis sufficient reason to believe that there is possible corruption in the\nletting of such contract or agreement or that the proposed contractor is\ninvolved in corrupt activity. Such objection shall be delivered within\nsuch thirty day period to the mayor of the city of New York setting\nforth in detail the grounds for the New York city comptroller's\ndetermination. The mayor of the city of New York may require\nregistration of the contract or agreement despite the New York city\ncomptroller's objections if the mayor of the city of New York has\nresponded to such comptroller's objections in writing, indicating:\n  (1) the corrective actions if any, that have been taken or will be\ntaken in response to such comptroller's objections, or\n  (2) the reasons why the mayor of the city of New York disagrees with\nsuch comptroller's objections.\n  Such response by the mayor of the city of New York shall not serve as\nthe basis for further objection by the New York city comptroller, and\nsuch comptroller shall register the contract, franchise, revocable\nconsent or concession within ten days of receipt of the mayor of the\ncity of New York's response.\n  (e) The requirements of paragraphs (c) and (d) of this subdivision\nshall not apply to an emergency contract awarded pursuant to\nsubparagraph (x) of paragraph (a) of this subdivision, provided that the\nchancellor shall comply with the requirements of paragraphs (c) and (d)\nof this subdivision as soon as practicable.\n  37. Establish guidelines and a system of internal controls, including\ninternal administrative controls and internal accounting controls, with\nprovisions for internal audits, as such terms are defined in section\nnine hundred fifty of the executive law. Such system shall also include\na system of internal control review designed to identify weaknesses and\nidentify actions to rectify them; a clear and concise statement of the\ngenerally applicable management policies and standards made available to\neach officer and employee relevant to fiscal and expenditure control, in\naddition to education and training efforts to ensure adequate\nunderstanding of internal control standards and evaluation techniques;\nand the designation of an internal control officer for each community\ndistrict, each of whom shall report to the chancellor and the auditor\ngeneral, to execute a regular internal audit function, which shall\noperate in accordance with generally accepted governmental auditing\nstandards. The internal auditors for the community districts shall\noperate in cooperation with the auditor general, appointed by the\nchancellor, who shall, in addition to the functions of the internal\nauditors, monitor and conduct random audits of school districts at least\nonce every two years for fraud, waste, and mismanagement.\nNotwithstanding any provision of state law or state or city regulation,\nthe internal auditors, and the auditor general, shall be entitled, upon\ntheir request, to all and any documents and materials bearing in their\njudgment on the finances and cost-effectiveness of the schools and the\nschool districts that is in the possession of the community districts,\nthe schools, or any officer thereof.\n  38. To exercise all of the duties and responsibilities of the\nemploying board as set forth in section three thousand twenty-a of this\nchapter with respect to any member of the teaching or supervisory staff\nof schools under the jurisdiction of the community district education\ncouncils. The chancellor shall exercise all such duties and\nresponsibilities for all community districts or may delegate the\nexercise of all such duties and responsibilities to all of the community\nsuperintendents of the city district.\n  38-a. To exercise all of the duties and responsibilities of the\nemploying board as set forth in section three thousand twenty-a of this\nchapter with respect to any member of the teaching or supervisory staff\nof schools which are not covered under subdivision thirty-eight of this\nsection. Provided, however that the city board shall maintain\njurisdiction over any consequence resulting from an employee waiver of a\nhearing, as provided for in paragraph (d) of subdivision two of section\nthree thousand twenty-a of this chapter.\n  ** 39. (a) Prescribe regulations and by-laws requiring members of the\ncity board, the chancellor, and any other officer or employee in schools\nand programs under the jurisdiction of the city board and the chancellor\nto make annual written disclosure to the chancellor, of the following\ninformation:\n  (i) the employment by the city school board or any community district\neducation council of any person related within the third degree of\nconsanguinity or affinity to the person making disclosure, including the\nemployment of any such person for which a two-thirds vote was required\nunder paragraph (e) of subdivision four of section twenty-five hundred\nninety-j of this article, with a notation of the date such vote was\ntaken.\n  (ii) the source of any income, reimbursement, gift, or other form of\ncompensation for services rendered, together with a description of such\nservices.\n  (b) The chancellor shall review, at least once annually, compliance\nwith the requirements of subdivisions five and six of section\ntwenty-five hundred ninety-e of this article and regulations or by-laws\nprescribed in this subdivision. Any community district education council\nmember, community superintendent, or other officer or employee required\nto make disclosure, who fails to make such disclosure, shall be notified\nin writing of his or her failure to do so and given thirty days within\nwhich to comply.\n  (d) Willful failure to make full and timely disclosure shall\nconstitute cause for removal from office of any member of the city board\nor for any other officer or employee disciplinary action and such other\npenalty as may be provided by law.\n  (e) Disclosures made pursuant to the requirements of this subdivision\nand any notification of failure to make disclosures shall be made\navailable for public inspection during regular business hours on regular\nbusiness days.\n  ** NB There are 2 sb (39)'s\n  ** 39. To enter an agreement, in his or her discretion, with the city\nof New York for the installation and use of school bus photo violation\nmonitoring systems pursuant to section eleven hundred seventy-four-a of\nthe vehicle and traffic law, provided that the purchase, lease,\ninstallation, operation and maintenance, or any other costs associated\nwith such cameras shall not be considered an aidable expense pursuant to\nsection thirty-six hundred twenty-three-a of this chapter.\n  ** NB There are 2 sb (39)'s\n  ** NB Repealed December 1, 2029\n  40. (a) Prescribe regulations and by-laws requiring members of the\ncity board, the chancellor, and, for good cause shown, any other officer\nor employee in schools and programs under the jurisdiction of the city\nboard and the chancellor, to submit to the chancellor, in the discretion\nof the chancellor, financial reports for themselves and their spouses.\n  (b) The frequency and period of coverage, the designation of persons\nto submit such reports by name, title, or income level, or by a\ncombination thereof, and the content of such reports, including minimum\ndollar amounts, shall be determined by the chancellor, and such reports\nmay include but not necessarily be limited to the following:\n  (i) amount and source of income for services rendered, together with a\ndescription of such services;\n  (ii) amount and source of gifts, capital gains, reimbursements for\nexpenditures, and honoraria;\n  (iii) investments in securities and real property;\n  (iv) amount of debts and names of creditors;\n  (v) outstanding loans and other forms of indebtedness due to person\nreporting or spouse, by name and amounts; and\n  (vi) trusts and other fiduciary relationships and their assets in\nwhich a beneficial interest is held.\n  (c) Willful failure to file required financial reports shall\nconstitute cause for removal from office of any member of the city board\nor for any other officer or employee disciplinary action and such other\npenalty as may be provided by law.\n  41. Appoint and set salaries for staff in non-represented managerial\ntitles.\n  42. (a) To dispose of such personal property used in the schools and\nother buildings of the city of New York under the charge of the city\nboard as shall no longer be required for use therein. Such disposition\nshall be made in the name of the city of New York and for such city.\n  (b) The chancellor may sell, at prices as may be agreed upon, such\nmanufactured articles or other products of any school of the district,\nday and evening, as may not be utilized by the city board, and all\nmoneys realized by the sale thereof shall be paid into the city treasury\nand shall at once be appropriated by the city to a special fund to be\nadministered by the city board for such purposes as such board, in its\ndiscretion, may determine. All other moneys realized by the sale of\npersonal property shall be paid into the city treasury and shall at once\nbe appropriated by the city to the special school fund of the city board\nfor use in the borough in which the property sold was situated.\n  (c) Such method of disposal shall be deemed not to apply to the\ndisposition of school books pursuant to subdivision forty-three of this\nsection.\n  43. To dispose of, to the best advantage of the city of New York,\neither by sale or on the basis of money allowance for waste paper, all\nbooks delivered to the several public schools of such city that have\nbeen discarded either by reason of being obsolete, no longer required by\nthe course of study, worn by long usage, or mutilated by accident. If\ndisposal is made by sale, it shall be to the highest bidder, and the\nmoney realized shall be paid into the city treasury and shall at once be\nappropriated by the city to the special school fund of the city board\nentitled "supplies". If disposal is made on the basis of money allowance\nfor waste paper, it shall be to the highest bidder. Such discarded books\nmay be disposed of without public advertisement or entry into a formal\ncontract. Should the discarded books be in such condition that no sale\nor exchange can be made, or should there be reason to believe that such\ndiscarded books have become infected through disease among the pupils,\nor should the superintendent of schools certify that such discarded\nbooks contain erroneous, inaccurate, obsolete, or antiquated subject\nmatter, illustrations, maps, charts, or other material, the committee on\nsupplies of the board of education, if such books cannot be sold, given\naway, or otherwise salvaged as waste paper without danger to the public\nhealth, may authorize their destruction by fire, in which event the\nsuperintendent of school supplies shall obtain and file in his or her\noffice a certificate that such books have been so destroyed, signed by\nthe principal of the school in which the books are located.\n  44. To provide the proper book or books in which he or she shall cause\nthe class teachers under the direction and supervision of the principal\nto enter the names, ages, and residences of the pupils attending the\nschool, the name of the parent or guardian of each pupil, and the days\non which the pupils shall have attended respectively, and the aggregate\nattendance of each pupil during the year, and also the day upon which\nthe school shall have been visited by the superintendent of schools or\nby an associate superintendent of schools or by an assistant\nsuperintendent, or by members of the city board, or by members of the\ncommunity district education council, or by any of them, which entry\nshall be verified by such oath or affirmation of the principal as may be\nprescribed by the chancellor. Such books shall be preserved as the\nproperty of the chancellor and shall at all times be open to inspection\nby members of the city board, by members of the community councils and\nby the superintendent of schools, or by any associate superintendent of\nschools, or by the assistant superintendents.\n  45. Make rules and regulations for the conduct, operation, and\nmaintenance of extra classroom activities and for the safeguarding,\naccounting, and audit of all moneys received and derived therefrom. In\nthe case of any extra classroom activity as it shall deem proper, and\nnotwithstanding the provisions of section twenty-five hundred thirty of\nthis title, it may direct that the moneys received or derived from the\nconduct, operation, or maintenance of such an extra classroom activity\nbe deposited with the auditor, who in such event shall be the treasurer\nof such an extra classroom activity, the moneys of which are required to\nbe so deposited. In the procurement of articles and services for the\nconduct, operation, and maintenance of a cafeteria or restaurant\nservice, the chancellor shall be subject to applicable provisions of\nlaw, except that said chancellor need not have duly advertised for\nestimates in order to contract for such articles or services in an\namount exceeding one thousand dollars. The chancellor shall also have\npower to assign any officers or employees to perform such duties as he\nor she may prescribe in connection with an extra classroom activity and\nto designate such officers and employees when so assigned from whom a\nbond shall be required for faithful performance of their duties and to\nfix the sum in which each such bond shall be given.\n  46. To maintain, through such representatives as he or she may\ndesignate, an effective visitation and inspection of all schools and\nclasses maintained in institutions controlled by the department of\ncorrection of the city of New York.\n  47. To assign, in his or her discretion, one or more employees of the\ncity board to serve as trial examiner with power to conduct\ninvestigations and hearings on behalf of the chancellor. Each trial\nexaminer shall report the result of any such investigation or hearing to\nthe chancellor.\n  48. To hold a public meeting in each community district, in\nconjunction with the community district education council, during a two\nyear period, beginning with the two thousand nine--two thousand ten\nschool year, in order to report on public school finances, student\nperformance, and educational goals and priorities of the city district\nand to receive and respond to public comments and concerns. The\nchancellor shall direct the community superintendent to provide public\nnotice of such meeting in order to maximize the participation of\nparents, students, and all other interested parties.\n  49. To provide information, data, estimates and statistics regarding\nall matters relating to the city district as requested by the director\nof the independent budget office of the city of New York or the\ncomptroller of the city of New York, in a timely fashion.\n  50. To issue an annual report on the participation of minority and\nwomen owned business enterprises in the city district's procurement\nprocess including the number of contracts awarded to minority and women\nowned business enterprises, the percent of contracts awarded to minority\nand women owned business enterprises of the total number of all city\ndistrict contracts, the aggregate value of all contracts awarded to\nminority and women owned business enterprises, and the percent of the\naggregate value of contracts awarded to minority and women owned\nbusiness enterprises of the total aggregate value of all city district\ncontracts.\n  51. Propose a policy for city board approval that promotes the\nrecruitment and retention of a workforce at the city district, community\ndistrict, and school level that considers the diversity of the students\nattending the public schools within the city district. The chancellor\nshall issue an annual report outlining the initiatives taken to enhance\ndiversity and equity in recruitment and retention and the impacts of\nsuch initiatives to the workforce at the city district, community\ndistrict and school level.\n  52. To compile an inventory of and issue a written report about the\noutdoor schoolyards in the city school district, as required by\nsubdivision fourteen of section twenty-five hundred fifty-six of this\ntitle.\n  53. To compile an inventory of, issue a written report, and provide\nrecommendations as required by subdivision fifteen of section\ntwenty-five hundred fifty-six of this title regarding transportable\nclassroom units in the city school district.\n  54. To establish a charitable fund to receive unrestricted charitable\nmonetary donations made to such fund for use by the city school district\nfor public educational purposes. The monies of such charitable fund\nshall be deposited and secured in the manner provided by section ten of\nthe general municipal law. The monies of such charitable fund may be\ninvested in the manner provided by section eleven of the general\nmunicipal law. Any interest earned or capital gain realized on the money\nso invested shall accrue to and become part of such fund. At such time\nand in such amounts as determined by the chancellor, the monies of such\ncharitable fund shall be transferred to the city school district's\ngeneral fund for expenditure consistent with the charitable purposes of\nthe fund, provided that the amount of taxes to be levied by the city for\nany school year shall be determined without regard to any such transfer.\nThe city school district shall maintain an accounting of all such\ndeposits, interest or capital gain, transfers, and expenditures.\n  55. Ensure that all public, nonpublic, and charter school students\nenrolled in elementary and secondary schools located in the city of New\nYork be provided with additional opportunities to supplement classroom\ninstruction including, but not limited to, visiting educational and\ncultural sites and institutions such as a Holocaust museum, African\nAmerican cultural centers and historical landmarks, a Native American\nmuseum, Asian American museums and cultural centers, a LatinX American\nmuseum, center for women, LGBTQ historical landmarks, and American\nhistorical landmarks and monuments.\n  56. Render written responses to resolutions passed by the city-wide\neducation councils and community district education councils within\nthirty days of receipt.\n  * NB Effective until June 30, 2028\n  * § 2590-h. Powers and duties of chancellor. The office of chancellor\nof the city district is hereby continued. It shall be filled by a person\nemployed by the city board by contract for a term not to exceed by more\nthan one year the term of office of the city board authorizing such\ncontract, subject to removal for cause. The chancellor shall receive a\nsalary to be fixed by the city board within the budgetary allocation\ntherefor. He or she shall exercise all his or her powers and duties in a\nmanner not inconsistent with the policies of the city board. The\nchancellor shall have the following powers and duties as the\nsuperintendent of schools and chief executive officer for the city\ndistrict, which the chancellor shall exercise to promote an equal\neducational opportunity for all students in the schools of the city\ndistrict, promote fiscal and educational equity, increase student\nachievement and school performance and encourage local school-based\ninnovation, including the power and duty to:\n  1. Control and operate:\n  (a) academic and vocational senior high schools until such time as the\nsame may be transferred to the jurisdiction of appropriate community\nboards pursuant to this article;\n  (b) all specialized senior high schools. The special high schools\nshall include the present schools known as:\n  The Bronx High School of Science, Stuyvesant High School, Brooklyn\nTechnical High School, Fiorello H. LaGuardia High School of Music and\nthe Arts in the borough of Manhattan, and such further schools which the\ncity board may designate from time to time. The special schools shall be\npermitted to maintain a discovery program in accordance with the law in\neffect on the date preceding the effective date of this section;\nadmissions to the special schools shall be conducted in accordance with\nthe law in effect on the date preceding the effective date of this\nsection;\n  (c) all special education programs and services conducted pursuant to\nthis chapter;\n  (d) subject to the provisions of section twenty-five hundred ninety-i\nof this article, devolving powers to the schools, city-wide programs for\ncity-wide services to a substantial number of persons from more than one\ncommunity district, including transportation; food services; payroll and\npersonnel functions, including pension and retirement services; and\nenforcement of laws and regulations promoting equal opportunity in\nemployment, access to public accommodations and facilities, equal\nopportunity in education, and preventing and addressing unlawful\ndiscrimination; provided, however, that a community district may also\noperate within its district programs which provide similar services\notherwise authorized by this article.\n  2. Establish, control and operate new schools or programs of the types\nspecified in subdivision one of this section, or to discontinue any such\nschools and programs as he or she may determine; provided, however, that\nhe shall consult with the affected community board before:\n  (a) substantially expanding or reducing such an existing school or\nprogram within a community district;\n  (b) initially utilizing a community district school or facility for\nsuch a school or program;\n  (c) instituting any new program within a community district.\n  3. Subject to the approval of the city board, develop a plan to\nprovide for the establishment of comprehensive high schools within the\ncity district so that every community district shall have available to\nits graduates further education and a comprehensive high school. Such\nplan may provide for the conversion of academic and vocational high\nschools and may be amended or modified from time to time.\n  4. Appoint teacher-aides for the schools and programs under his or her\njurisdiction within the budgetary allocation therefor.\n  5. Retain jurisdiction over all employees who are required in\nconnection with the performance of duties with respect to the design,\nconstruction, operation and maintenance of all school buildings in the\ncity school district. Such employees shall have all rights accorded them\nunder the provisions of the civil service law, including manner of\nappointment, classification, promotion, transfer and removal including\nan opportunity to be heard provided, however, that each custodian shall\nbe responsible for the performance of his duties to the principal of the\nschool who shall be responsible to the district superintendent.\n  6. Employ or retain counsel subject to the powers and duties of the\ncorporation counsel of the city of New York to be his or her attorney\nand counsel pursuant to subdivision a of section three hundred\nninety-four of the New York city charter; provided, however, that in\nactions or proceedings between the city board or the chancellor and one\nor more community boards, the city board or the chancellor shall be\nrepresented by the corporation counsel of the city of New York.\n  7. To continue existing voluntary programs or to establish new\nprograms under which students may choose to attend a public school in\nanother community district.\n  8. Promulgate minimum clear educational standards, curriculum\nrequirements and frameworks, and mandatory educational objectives\napplicable to all schools and programs throughout the city district, and\nexamine and evaluate periodically all such schools and programs with\nrespect to\n  (i) compliance with such educational standards and other requirements,\nand\n  (ii) the educational effectiveness of such schools and programs, in a\nmanner not inconsistent with the policies of the city board.\n  9. Furnish community boards and the city board periodically with the\nresults of such examinations and evaluations and to make the same\npublic.\n  10. Require each community superintendent to make an annual report\ncovering all matters relating to schools under the district's\njurisdiction including, but not limited to, the evaluation of the\neducational effectiveness of such schools and programs connected\ntherewith.\n  11. Require such community board or superintendent to make such number\nof periodic reports as may be necessary to accomplish the purposes of\nthis chapter.\n  13. Perform the following functions throughout the city district;\nprovided, however, that the chancellor and any community board may agree\nthat any such function may be appropriately performed by the community\nboard with respect to the schools and programs under its jurisdiction:\n  (a) Technical assistance to community districts and schools;\n  (b) Such warehouse space on a regional basis as he or she determines\nto be necessary or appropriate after consultation with the community\nsuperintendents;\n  (c) Purchasing services on a city-wide, regional or community district\nbasis subject to subdivision thirty-six of this section;\n  (d) Reinforce and foster connections to institutions of higher\neducation to promote student achievement.\n  14. Develop and furnish pre-service and in-service training programs\nfor principals and other employees throughout the city district. In\naddition, the chancellor shall prepare and annually update a training\nplan for participating parents, and school personnel, which shall\ninclude, at minimum, such training as may be required for exercise of\ntheir responsibilities, full participation and compliance with the\nprovisions of this section. The chancellor shall, in addition, within\namounts appropriated, allocate sufficient funds directly and to the\nsuperintendents for teacher and principal training to meet identified\nneeds for school improvement.\n  15. Promote the involvement and appropriate input of all members of\nthe school community pursuant to the provisions of this article,\nincluding parents, teachers, and other school personnel, including:\n  (a) establishing a parents' association or a parent-teachers'\nassociation in each school under the chancellor's jurisdiction; and\nensuring that the districts do the same;\n  (b) pursuant to a plan prepared in consultation with associations of\nparents, and representatives of teachers, supervisors, paraprofessionals\nand other school personnel within the city district, and promulgated no\nlater than January thirty-first, nineteen hundred ninety-eight, (i)\ntaking all necessary steps to ensure that no later than October first,\nnineteen hundred ninety-nine, the city district and the community\ndistricts are in full compliance, and remain in compliance thereafter,\nwith state and federal law and regulations concerning school-based\nmanagement and shared decision-making, including section 100.11 of the\ncommissioner's regulations, in a manner which balances participation by\nparents with participation by school personnel in advising in the\ndecisions devolved to schools pursuant to sections twenty five hundred\nninety-i and twenty-five hundred ninety-r of this article, and (ii)\npursuant to such plan providing for appropriate training to any parent\nand school personnel who participate in the school-based management and\nshared decision-making process; and\n  (c) developing, in consultation with associations of parents in the\ncity district, and implementing no later than October first, nineteen\nhundred ninety-eight, a parental bill of rights which provides for, at\nminimum:\n  (i) reasonable access by parents, persons in parental relation and\nguardians to schools, classrooms, and academic and attendance records of\ntheir own children, consistent with federal and state laws, provided\nthat such access does not disrupt or interfere with the regular school\nprocess;\n  (ii) the rights of parents, persons in parental relation and guardians\nto take legal action and appeal the decisions of the school\nadministration, as authorized by law;\n  (iii) the right of parents, persons in parental relation and guardians\nto have information on their own child's educational materials;\n  (iv) access to and information about all public meetings, hearings of\nthe chancellor, the city board, the community superintendents, the\ncommunity boards, and the schools; and\n  (v) access to information regarding programs that allow students to\napply for admission where appropriate to schools outside a student's own\nattendance zone.\n  The chancellor shall by rule or regulation provide for the involvement\nincluding membership, in any parents' association or parent-teacher\nassociation established pursuant to this subdivision, of a grandparent\nwho is in parental relation to a child who attends a school within the\njurisdiction of the community school district. For purposes of this\nsubdivision, a grandparent shall be considered to be in parental\nrelation to a child when such grandparent has assumed care of such child\nbecause such child's parents are not available due to death,\nimprisonment, mental illness, living outside the state, abandonment of\nthe child, or other circumstances. A determination of whether a\ngrandparent is in parental relation to a child shall be based upon the\nindividual circumstances surrounding guardianship and custodial care of\nsuch child.\n  16. Promulgate such rules and regulations as he or she may determine\nto be necessary or convenient to accomplish the purposes of this act,\nnot inconsistent with the provisions of this article and the policies of\nthe city board.\n  17. Possess those powers and duties described in section twenty-five\nhundred fifty-four of this chapter, the exercise of which shall be in a\nmanner not inconsistent with the provisions of this article and the\npolicies of the city board.\n  18. Possess those powers and duties contained in section nine hundred\ntwelve of this chapter and those provisions of article fifteen thereof\nwhich relate to non-public schools, those powers and duties contained in\nsection five hundred twenty-two of the New York city charter and those\npowers and duties contained in article seventy-three of this chapter,\nthe exercise of which shall be in a manner not inconsistent with the\nprovisions of this article and the policies of the city board.\n  19. Delegate any of his or her powers and duties to such subordinate\nofficers or employees as he or she deems appropriate and to modify or\nrescind any power and duty so delegated.\n  20. Ensure compliance with qualifications established for all\npersonnel employed in the city district, including the taking of\nfingerprints as a prerequisite for licensure and/or employment of such\npersonnel. Every set of fingerprints taken pursuant to this subdivision\nshall be promptly submitted to the division of criminal justice services\nwhere it shall be appropriately processed. Furthermore, the division of\ncriminal justice services is authorized to submit the fingerprints to\nthe federal bureau of investigation for a national criminal history\nrecord check.\n  21. Perform the functions of the bureau of audit throughout the city\ndistrict, including ensuring compliance with subdivisions thirty-six and\nthirty-seven of this section.\n  22. Establish uniform procedures for record keeping, accounting and\nreporting throughout the city district, including pupil record keeping,\naccounting and reporting.\n  23. Develop an educational facilities master plan, and revisions\nthereto, as defined in section twenty-five hundred ninety-o of this\narticle.\n  24. Develop and implement a five-year educational facilities capital\nplan, and amendments thereto, as defined in section twenty-five hundred\nninety-p of this article. The chancellor shall also appoint a person,\nwho reports directly to the chancellor or his or her designee, to assist\nin the development and implementation of such plan and amendments\nthereto and to oversee the school buildings program.\n  25. On the chancellor's own initiative, or at the request of a\ncommunity superintendent, transfer a principal employed by a community\nschool district pursuant to an agreement with the employee organization\nrepresenting such principals. The chancellor shall establish a procedure\nfor consulting with affected parents to explain any such transfer.\nConsistent with section twenty-five hundred ninety-i of this article,\nincluding without limitation subdivision three thereof, and subdivision\none thereof with respect to the rights and obligations of a school to\nwhich a principal is transferred, in addition to any other law providing\nfor the transfer of principals, the chancellor also may cause the\ntransfer or removal of principals for persistent educational failure,\nconflicts of interest, and ethics violations, and may require principals\nto participate in training and other remedial programs to address\nidentified factors affecting student achievement and school performance.\n  26. Establish educational and experience qualifications and\nrequirements for all custodial positions including, but not limited to,\ncustodians and custodial engineers and develop standards for evaluating\nthe performance of all such individuals, subject to approval of the city\nboard. Such performance standards shall include, but not be limited to:\nthe cleanliness of facilities; adequacy and timeliness of minor repairs;\nmaintenance of good working order of facilities and grounds; general\nfacilities improvement; and emergency services. The chancellor shall\npromulgate regulations setting forth the respective responsibilities of\nthe district plant manager, which shall include regular consultation and\nongoing reports to the community superintendent, and the principal of\neach school for evaluating the performance of the custodial employees\nassigned to his or her school, in accordance with such performance\nstandards, and such performance evaluations shall be given dominant\nweight in any decision for the purposes of: advancement; continued\nemployment; building transfers; and other performance incentives. The\nresponsibility of the principal of each school in the evaluation of\ncustodial employees may be a matter for collective bargaining with\ncollective bargaining representatives for principals.\n  27. Develop, in conjunction with each community superintendent, a plan\nfor providing access to school facilities in each community school\ndistrict, when not in use for school purposes, in accordance with the\nprovisions of section four hundred fourteen of this chapter. Such plan\nshall set forth a reasonable system of fees not to exceed the actual\ncosts and specify that no part of any fee shall directly or indirectly\nbenefit or be deposited into an account which inures to the benefit of\nthe custodians or custodial engineers.\n  28. Establish, subject to the approval of the city board, a\npublicly-inclusive process for the recruitment, screening and selection\nof district superintendent candidates.\n  29. Promulgate regulations, subject to the approval of the city board,\nestablishing educational, managerial, and administrative qualifications,\nperformance record criteria, and performance standards for the positions\nof superintendent and principal.\n  30. Select a community superintendent from candidates recommended by\ncommunity boards, based upon compliance with the procedures for\nselection required by subdivision twenty-eight of this section, the\nqualifications required by subdivision twenty-nine of this section, and\nconsistent with a model contract developed by the chancellor.\n  30-a. Remove a community superintendent who fails to comply with the\nprovisions of subdivision two of section twenty-five hundred ninety-f of\nthis article.\n  31. Intervene in any district or school which is persistently failing\nto achieve educational results and standards approved by the city board\nor established by the state board of regents, or has failed to improve\nits educational results and student achievement in accordance with such\nstandards or state or city board requirements, or in any school or\ndistrict in which there exists, in the chancellor's judgment, a state of\nuncontrolled or unaddressed violence. The chancellor may, in addition to\nexercising any other powers authorized by this article, require such\nschool principal, or district as the case may be, to prepare a\ncorrective action plan, with a timetable for implementation of steps\nacceptable to the chancellor to reach improvement goals consistent with\ncity board standards and educational results. The chancellor may require\nthe school or district to alter or improve the corrective action plan,\nor may directly modify the plan. The chancellor shall monitor\nimplementation of the plan, and, if the school or district fails to\nimplement it, may supersede any inconsistent decision of the school\nprincipal, community board or community superintendent; assume joint or\ndirect control of the operation of the school or district to implement\nthe corrective action plan; or take any other action authorized by this\narticle. Any action of the chancellor to supercede an inconsistent\ndecision of the school principal, community board or community\nsuperintendent, or to assume joint or direct control of the operation of\nthe school or district pursuant to this subdivision may be appealed to\nthe city board in accordance with section twenty-five hundred ninety-g\nof this article.\n  32. Appoint a deputy, for each borough of the city of New York,\nresponsible for coordinating and periodically meeting and consulting\nwith the borough president, the chancellor and the community\nsuperintendents in the borough on borough-specific issues and issues of\nborough-wide significance, including the provision of services in\nsupport of schools and community districts such as transportation,\npurchasing, capital planning, and coordination with municipal services,\nand chancellor and city board policy with respect to the high schools.\n  33. Require community school board members to participate in training\nand retraining in order to promote district and school performance and\nstudent achievement, as a continuing condition for membership.\n  35. Take all necessary steps to promote the effectiveness and\nintegrity of school-based budgeting pursuant to section twenty-five\nhundred ninety-r of this article, including the obligations imposed by\nsubdivision thirty-seven of this section.\n  36. Develop in consultation with the city board, a procurement policy\nfor the city school district of the city of New York, and the districts\nand public schools therein. Such policy shall ensure the wise and\nprudent use of public money in the best interest of the taxpayers of the\nstate; guard against favoritism, improvidence, extravagance, fraud and\ncorruption; and ensure that contracts are awarded consistent with law\nand on the basis of best value, including, but not limited to, the\nfollowing criteria: quality, cost and efficiency. Such policy shall also\ninclude: (a) standards for quality, function and utility of all material\ngoods, supplies and services purchased by the chancellor,\nsuperintendents or schools; (b) regulations for the purchase of material\ngoods, supplies and services by the chancellor, the superintendents and\nthe schools, including clearly articulated procedures which require a\nclear statement of product specifications, requirements or work to be\nperformed, a documentable process of soliciting bids, proposals or other\noffers, and a balanced and fair method, established in advance of\nreceipt of offers, for evaluating offers and awarding contracts; (c)\nregulations which enable superintendents and schools to purchase\nmaterial goods, supplies and services directly from vendors or suppliers\nwhen such products are available at prices or other terms more\neconomically beneficial for the purposes of the acquiring superintendent\nor school; and (d) regulations shall include repair services and\nbuilding supplies, as defined in such regulations, for expenditures from\neach district's minor repair and purchasing funds pursuant to section\ntwenty-five hundred ninety-r of this article.\n  37. Establish, subject to the approval of the city board, guidelines\nand a system of internal controls, including internal administrative\ncontrols and internal accounting controls, with provisions for internal\naudits, as such terms are defined in section nine hundred fifty of the\nexecutive law. Such system shall also include a system of internal\ncontrol review designed to identify weaknesses and identify actions to\nrectify them; a clear and concise statement of the generally applicable\nmanagement policies and standards made available to each officer and\nemployee relevant to fiscal and expenditure control, in addition to\neducation and training efforts to ensure adequate understanding of\ninternal control standards and evaluation techniques; and the\ndesignation of an internal control officer for each community district,\neach of whom shall report to the chancellor and the auditor general, to\nexecute a regular internal audit function which shall operate in\naccordance with generally accepted governmental auditing standards. The\ninternal auditors for the community districts shall operate in\ncooperation with the auditor general, appointed by the chancellor\nsubject to the approval of the city board, who shall, in addition to the\nfunctions of the internal auditors, monitor and conduct random audits of\nschool districts at least once every two years for fraud, waste and\nmismanagement. Notwithstanding any provision of state law or state, city\nor city board regulation, the internal auditors, and the auditor\ngeneral, shall be entitled, upon their request, to all and any documents\nand materials bearing in their judgment on the finances and\ncost-effectiveness of the schools and the school districts that is in\nthe possession of the community districts, the schools, or any officer\nthereof.\n  38. to exercise all of the duties and responsibilities of the\nemploying board as set forth in section three thousand twenty-a of this\nchapter with respect to any member of the teaching or supervisory staff\nof schools under the jurisdiction of the community boards. The\nchancellor shall exercise all such duties and responsibilities for all\ncommunity districts or may delegate the exercise of all such duties and\nresponsibilities to all of the community superintendents of the city\ndistrict.\n  * NB Effective June 30, 2028\n
N.Y. EDN Law § 2569 — New York Code / Act EDN / Title 2 / Article 52 / Section 2569
Appointment of teachers
Status: in_force

§ 2569. Appointment of teachers.  a. In a city having a population of\none million or more inhabitants, state certification in accordance with\nthe regulations of the commissioner shall be a prerequisite to\nappointment to any teaching or supervisory position. The commissioner,\nafter consultation with the chancellor, shall identify in the\nregulations the state certificates which correspond to licenses utilized\nby the city school district of the city of New York. Where the\nregulations of the commissioner do not identify a corresponding state\ncertificate, the minimum education and experience requirements\npromulgated by the chancellor in accordance with subdivision two of\nsection twenty-five hundred ninety-j of this chapter shall be a\nprerequisite to appointment to any teaching position in such license. In\naddition, placement upon qualifying eligible lists in accordance with\nsubdivision ten of section twenty-five hundred seventy-three of this\narticle shall be conditional upon satisfactory performance on (i) an\ninterview test administered by the chancellor and (ii) a performance\ntest where required by the chancellor.\n  b. For purposes of qualifying teachers for service exclusively within\na school district wherein instruction is given bi-lingually, all\ninterviews and performance tests provided for by this section shall be\ngiven in English and Spanish or any other appropriate second language\nand the applicant at the time of application shall designate the\nlanguage of his choice, except that a written composition as determined\nby the chancellor under the policies of the city board of education\nshall be given in English.\n
N.Y. RPT Law § 489-JJJJ — New York Code / Act RPT / Article 4 / Title 2-D / Section 489-JJJJ
Tax lien; interest rate
Status: in_force

§ 489-jjjj. Tax lien; interest rate. 1. All taxes plus interest\nrequired to be paid retroactively pursuant to this title shall\nconstitute a tax lien as of the date it is determined such taxes and\ninterest are owed.  All interest shall be calculated from the date the\ntaxes would have been due but for the exemption, abatement or deferral\nclaimed pursuant to this title at three per centum above the applicable\nrate of interest imposed by such city generally for non-payment of real\nproperty tax on such date.\n  2. All taxes for which payment is deferred pursuant to section four\nhundred eighty-nine bbbb of this title shall constitute a tax lien as of\nthe date they are due and payable in accordance with the provisions of\nthat section.\n
N.Y. MDW Law § 65 — New York Code / Act MDW / Article 3 / Title 2 / Section 65
Boiler rooms
Status: in_force

§ 65. Boiler rooms. 1. Except as hereafter provided, in every multiple\ndwelling erected after April eighteenth, nineteen hundred twenty-nine,\nwhich is four stories or more in height the boiler shall be enclosed in\na room or space constructed with fireproof walls extending from the\nfloor construction to the ceiling construction, and all openings\ntherefrom to other portions of the dwelling shall be equipped with\nfireproof doors and assemblies with the doors self-closing. However, in\nall multiple dwellings, on and after January first, nineteen hundred\nsixty-six, a room or space provided with a central heating plant shall\nbe completely enclosed with incombustible materials having a standard\nfire-resistive rating of at least one hour.\n  2. In such a dwelling access to a cellar or lowest story in which a\nboiler is located shall not be through any boiler room, nor shall any\ncellar or basement stair or any shaft be installed within a boiler room.\n  3. The department shall have the power to make supplementary\nregulations relating to boiler or furnace rooms.\n
N.Y. LAB Law § 257 — New York Code / Act LAB / Article 11 / Title 2 / Section 257
Illumination
Status: in_force

§ 257. Illumination.  1. In every factory proper lighting shall be\nprovided during working hours for:\n  a. All places where persons work or pass, or may have to work or pass\nin emergencies;\n  b. All elevator cars and entrances;\n  c. All halls and stairs leading to workrooms;\n  d. All moving parts of machinery not required to be guarded by section\ntwo hundred and the rules of the board, and which are dangerous because\nof their location.\n  2. In every factory workroom the lighting shall be such as will not\ncause strain on the vision or glare in the eyes of workers.\n  3. In the public hallway upon each floor of every factory building a\nproper light shall be kept burning near the stairs during each working\nday from the opening of the building until its closing, except when\nnatural light suffices. Such lights shall be arranged to operate\nreliably when through accident or other cause other lights of the\nbuilding are extinguished.\n
N.Y. EDN Law § 2012 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2012
Qualifications of voters at district meetings
Status: in_force

§ 2012. Qualifications of voters at district meetings.  A person shall\nbe entitled to vote at any school meeting or election for the election\nof school district officers, and upon all other matters which may be\nbrought before such meeting or election, who is: 1.  A citizen of the\nUnited States.\n  2. Eighteen years of age.\n  3. A resident within the district for a period of thirty days next\npreceding the meeting or election at which he offers to vote.\n  4. No person shall have the right to register for or vote at any\nschool meeting or election who would not be qualified to register for or\nvote at an election in accordance with the provisions of section 5-106\nof the election law.\n  No person shall be deemed to be ineligible to vote at any such meeting\nor election, by reason of sex, who has the other qualifications required\nby this section; and notwithstanding the foregoing provisions of this\nsection, no Indian eighteen years of age or over who, having been born\nin the United States to a member of an Indian tribe, or having been\nnaturalized or otherwise acquired citizenship, shall have resided on an\nIndian reservation in the state for a period of thirty days next\npreceding the meeting or election at which he offers to vote or the\nspouse of such Indian shall be deemed ineligible to vote at any such\nmeeting or election of the school district where the majority, as\ndetermined by the commissioner, of the Indian children of such\nreservation are being educated under a contract pursuant to subdivision\ntwo of section forty-one hundred one of this chapter, except that the\nparents or guardians of Indian children of such reservation who are\nbeing educated in the schools of a district other than the district\nwhich educates the majority of such children, shall be eligible to vote\nonly in the district where their children are being so educated.\n