N.Y. ENV Law § 27-0923 — New York Code / Act ENV / Article 27 / Title 9 / Section 27-0923
Special assessments on hazardous wastes generated
Status: in_force

§ 27-0923. Special assessments on hazardous wastes generated.\n  1. On and after June first, nineteen hundred eighty-five, there is\nhereby imposed upon every person who is engaged within the state in the\ngeneration of hazardous waste identified or listed pursuant to this\ntitle a special assessment to be determined as follows:\n  a. Twenty-seven dollars per ton of hazardous waste generated which is\ndisposed of in a landfill on the site where the waste is generated or\nwhich is designated for removal or removed from the site of generation\nfor disposal in a landfill or which is designated for removal or removed\nfrom the site of generation for storage prior to disposal in a landfill;\n  b. Nine dollars per ton of hazardous waste generated which is\ndesignated for removal or removed from the site of generation for\nincineration or for storage prior to incineration;\n  c. Two dollars per ton of hazardous waste generated which is\nincinerated on the site where the waste is generated;\n  d. Sixteen dollars per ton of hazardous waste generated which is\ndesignated for removal or removed from the site of generation for\ntreatment or disposal, exclusive of disposal in a landfill or by\nincineration, or for storage prior to such treatment or disposal;\n  e. Any residues which are hazardous wastes remaining from the\ntreatment of hazardous wastes in a facility located on the site where\nthe wastes are generated, and which are subsequently disposed of or\nincinerated on such site or which are subsequently designated for\nremoval or removed from the site of generation for disposal,\nincineration or treatment or for storage prior thereto, shall be subject\nto the special assessments imposed by this subdivision. Provided,\nhowever, any residues which are hazardous wastes remaining from the\nincineration of hazardous wastes in a facility located on the site where\nthe wastes are initially generated and which are subsequently disposed\nof in a landfill on such site shall not be subject to the special\nassessments imposed by this subdivision.\n  f. Notwithstanding any provision of this section to the contrary, no\nspecial assessment shall be imposed under this section on the generation\nof universal wastes. For purposes of this paragraph, "universal wastes"\nshall mean those defined and listed in regulations promulgated pursuant\nto this title, provided that such wastes are regulated consistent with\nrules adopted by the administrator pursuant to RCRA for the management\nof universal wastes.\n  2. On or after June first, nineteen hundred eighty-five, there is\nhereby imposed upon persons holding permits or required to hold permits\nfor the storage, treatment or disposal of hazardous waste pursuant to\nsection 27-0913 of this title a hazardous waste disposal special\nassessment to be determined as follows:\n  a. Twenty-seven dollars per ton of hazardous waste which is received\nfor disposal in a landfill or for storage prior to disposal in a\nlandfill;\n  b. Nine dollars per ton of hazardous waste which is received for\nincineration or for storage prior to incineration;\n  c. Sixteen dollars per ton of hazardous waste which is received for\ntreatment or disposal, exclusive of disposal in a landfill or by\nincineration, or for storage prior to such treatment or disposal;\n  d. No special assessment shall be imposed under this subdivision upon\nreceipt for treatment or disposal, or storage prior thereto of hazardous\nwaste where such waste was generated by persons subject to the special\nassessment under subdivision one of this section.\n  3. a. Notwithstanding any provision of this section to the contrary,\nno special assessment shall be imposed under this section on the\nresource recovery of any hazardous waste; provided, however, that any\nmaterials remaining from resource recovery which are hazardous wastes\nand which are subsequently disposed of, treated, or incinerated, shall\nbe subject to the special assessments imposed by this section. For\npurposes of this section, resource recovery shall not include the\nremoval of water from a hazardous waste.\n  b. In the case of a fraction of a ton, the special assessments imposed\nby this section shall be the same fraction of the amount of such special\nassessment imposed on a whole ton.\n  c. For the purpose of this section, generation of hazardous waste\nshall not include retrieval or creation of hazardous waste which must be\ndisposed of under an order of or agreement with the department pursuant\nto title thirteen or title fourteen of this article or under a contract\nwith the department pursuant to title five of article fifty-six of this\nchapter or under an order of or agreement with the United States\nenvironmental protection agency or an order of a court of competent\njurisdiction, related to a facility addressed pursuant to the\nComprehensive Environmental Response, Compensation and Liability Act (42\nU.S.C. 9601 et seq.) or under a written agreement with a municipality\nwhich has entered into a memorandum of agreement with the department\nrelated to the remediation of brownfield sites as of August fifth, two\nthousand ten.\n  d. No portion of the special assessments collected pursuant to this\nsection shall be used for any purpose if such use, under federal law,\nwould preclude the collection of such special assessment.\n  e. Notwithstanding any provision of this section to the contrary, the\nactual method utilized to dispose of or treat any hazardous waste shall\ngovern the determination of the rate per ton applicable under the\nspecial assessments imposed by this section, even if such hazardous\nwaste was designated for removal, removed, stored or received for\ndisposal or treatment by a method different than the method actually\nutilized. Where any such special assessment with respect to any\nhazardous waste is reported and paid on the basis of a rate per ton\nwhich is greater than the rate per ton applicable to the actual method\nutilized to dispose of or treat such hazardous waste, the difference\nbetween the amount reported and paid and the amount due using the rate\nper ton applicable to the actual method utilized shall be considered an\noverpayment of such special assessment. The commissioner of taxation and\nfinance shall credit or refund such overpayment in the manner provided\nand subject to the conditions contained in article twenty-seven of the\ntax law, as incorporated by subdivision six of this section.\n  f. No special assessment shall be imposed under this section on\nhazardous waste generated by or at an elementary or secondary school\nprovided the waste results from services which are provided:\n  (i) under a contract with the department, or with the department's\napproval and in compliance with department regulations, or pursuant to\nan order of the department, the United States environmental protection\nagency or a court, related to the cleanup or remediation of a hazardous\nmaterials or hazardous waste spill, discharge, or surficial cleanup,\npursuant to this chapter, other than a removal action pursuant to the\nComprehensive Environmental Response, Compensation and Liability Act (42\nU.S.C. 9601 et seq.);\n  (ii) under a contract with the department for, or with the\ndepartment's approval and in compliance with department regulations,\nrelated to the cleanup and removal of a petroleum spill or discharge,\npursuant to subdivision seven of section one hundred seventy-six of the\nnavigation law;\n  (iii) under the order of a court, the department or the department of\nhealth, or the United States environmental protection agency related to\nan inactive hazardous waste disposal site pursuant to section 27-1313 of\nthis article, section thirteen hundred eighty-nine-b of the public\nhealth law, or the Comprehensive Environmental Response, Compensation\nand Liability Act (42 U.S.C. 9601 et seq.);\n  (iv) voluntarily and without expectation of monetary compensation in\naccordance with subdivision one of section 27-1321 of this article; or\n  (v) under permit or order requiring corrective action pursuant to this\ntitle or the Resource Conservation and Recovery Act (42 U.S.C. 6901 et\nseq.).\n  4. a. The special assessments imposed by this section shall be\nreported and paid to the department of taxation and finance on a\nquarterly basis on or before the twentieth day of the month after the\nend of each calendar quarter, provided, however, that the special\nassessments attributable to the months of June, July, August and\nSeptember of nineteen hundred eighty-five shall be due on October\ntwentieth, nineteen hundred eighty-five. The payments shall be\naccompanied by a return in such form as the department of taxation and\nfinance may prescribe upon consultation with the commissioner. Provided,\nhowever, that no special assessment imposed by this section shall be\nrequired to be reported or paid with respect to any one calendar quarter\nif the total amount of all special assessments due for such quarter is\ntwenty-seven dollars or less.\n  b. All moneys collected or received by the department of taxation and\nfinance pursuant to this section shall be deposited daily to the credit\nof the comptroller with such responsible banks, banking houses or trust\ncompanies as may be designated by the comptroller. Such deposits shall\nbe kept separate and apart from all other moneys in the possession of\nthe comptroller. The comptroller shall require adequate security from\nall such depositories. Of the revenues collected under this section, the\ncomptroller shall retain in his hands such amounts as the commissioner\nof taxation and finance may determine to be necessary for refunds under\nthis section and the comptroller shall pay any refunds to which those\nliable for special assessments shall be entitled under the provisions of\nthis section. The comptroller, after reserving the amount to pay such\nrefunds, shall, on or before the tenth day of each month, pay all\nspecial assessments, interest and penalties collected under this section\nand remaining to his credit in such banks, banking houses or trust\ncompanies at the close of business on the last day of the preceding\nmonth into the hazardous waste remedial fund created pursuant to section\nninety-seven-b of the state finance law. Within thirty days after each\nquarterly reporting date, the comptroller shall certify the amount of\nspecial assessments under this section deposited in the hazardous waste\nremedial fund during the preceding quarter and the cumulative amount\ncollected since the start of the current calendar year, and shall submit\nsuch certification to the governor and the chairman of the senate\nfinance committee and the chairman of the assembly ways and means\ncommittee.\n  5. The commissioner and the commissioner of taxation and finance shall\nhave the power to jointly promulgate rules and regulations necessary and\nappropriate to carry out the purpose of this section.\n  6. The provisions of article twenty-seven of the tax law shall apply\nto the provisions of this section in the same manner and with the same\nforce and effect as if the language of such article had been\nincorporated in full into this section and had expressly referred to the\nspecial assessments under this section except that the term "special\nassessment" or "special assessments" when used in this section shall\nmean "tax" or "taxes" for the purpose of the application of article\ntwenty-seven of the tax law as incorporated by this subdivision and\nexcept to the extent that any provision of such article is either\ninconsistent with a provision of this section or is not relevant to this\nsection.\n  7. a. If any generator or person subject to assessment by this section\nfails or refuses to file a return or furnish any information requested\nin writing by the department of taxation and finance, said department\nmay, from any information in its possession, make an estimate and issue\nan assessment against such generator or person and add a penalty of\ntwenty-five percent of the amount of the assessment so determined. With\nrespect to such failure or refusal to file a return or furnish any\ninformation, the provisions of paragraph one of subsection (a) and\nsubsection (g) of section one thousand eighty-five of the tax law shall\nnot apply.\n  b. If the assessment imposed by this section or any installment or\nportion of the assessment is not paid on or before the date prescribed\nfor its payment, there shall be collected as a part of the assessment,\ninterest upon the unpaid amount at the rate of fifteen percent per annum\nfrom the date prescribed for its payment until payment is actually made\nto the department of taxation and finance. With respect to interest upon\nsuch unpaid amount, the underpayment rate of interest applicable to\ndeficiencies, set by the commissioner of taxation and finance pursuant\nto subsection (e) of section one thousand ninety-six of the tax law,\nshall not apply.\n
N.Y. LAB Law § 634 — New York Code / Act LAB / Article 18 / Title 9 / Section 634
Refusal to permit inspections of records
Status: in_force

§ 634. Refusal to permit inspections of records. Any person who\nrefuses to allow the commissioner or his authorized representative to\ninspect his payroll or other records or documents relative to the\nenforcement of this article shall be guilty of a misdemeanor.\n
N.Y. PBA Law § 1208 — New York Code / Act PBA / Article 5 / Title 9 / Section 1208
Revenue and accounts
Status: in_force

§ 1208. Revenue and accounts. 1. The authority shall establish and\nmaintain a system of accounts to show at all times the cost of the\nseveral classes of property used in operation and the sources of funds\nused in the acquisition of such property; the several classes of\noperating revenue and other income; maintenance expenses, interest, and\nall other charges. To the extent consistent with this title, such\naccounts shall be kept in accordance with the appropriate uniform system\nof accounts prescribed by the public service commission and shall be\npublished monthly in the city record.\n  2. The moneys of the authority shall be deposited daily in banks to be\ndesignated by the authority. Deposits may be secured by obligations of\nor guaranteed by the United States, the state, or any municipal\ncorporation of the state or in such other manner as the authority may\nprovide, and all banks and trust companies are authorized to give such\nsecurity for such deposits. The comptroller shall have the power from\ntime to time, to examine the accounts, books and any other records or\npapers relating to the financial condition of the authority, which\nexamination shall not preclude examination of such matters by any other\nauthorized officer or body.\n  3. Payments or withdrawals of moneys of the authority shall be made by\nchecks drawn and signed by a member or an officer of the authority, duly\nauthorized by resolution of the board.\n
N.Y. PBA Law § 360 — New York Code / Act PBA / Article 2 / Title 9 / Section 360
Operation and maintenance
Status: in_force

§ 360. Operation and maintenance. Operation and maintenance by the\nauthority of any thruway section or connection or any part thereof or of\na highway connection of which it has assumed jurisdiction shall be\nperformed (a) by the use of authority forces and equipment at the\nexpense of the authority or by agreement at the expense of the state or\nother parties; (b) by contract with municipalities or independent\ncontractors; (c) at the request of the authority, by the commissioner\nand his subordinates in the department of transportation as agents for,\nand at the expense of the authority, or (d) by a combination of such\nmethods.\n
N.Y. PBH Law § 1360 — New York Code / Act PBH / Article 13 / Title 9 / Section 1360
Location and disposition of radioactive gold jewelry
Status: in_force

* § 1360. Location and disposition of radioactive gold jewelry.  1.\nThe commissioner is hereby authorized and directed to establish a\nprogram, which shall include the use of such investigations and\npersonnel as may be necessary, to identify gold jewelry which has been\ncontaminated by radioactive material which is, or may be, possessed by\nresidents of this state. Such program shall be publicized by the\ncommissioner, as may be practicable, to encourage residents to have such\nsuspected radioactive gold jewelry tested free of charge, except that\njewelers, manufacturers or distributors of gold jewelry may be charged a\nreasonable fee for the cost of such tests, as determined by the\ncommissioner.\n  2. Notwithstanding any contrary provisions of law, in any case where\nsuch gold jewelry is so identified as radioactive, the commissioner is\nhereby authorized and empowered to purchase from a resident on behalf of\nthe state such radioactive gold jewelry presented by such resident at\nthe commercial value of the gold content of the radioactive gold\njewelry, upon such terms and conditions as the commissioner deems\nnecessary and proper, and within the amount appropriated by the\nlegislature for this purpose.\n  3. Any such gold jewelry, purchased pursuant to the provisions of this\nsection, shall be held decontaminated or disposed of in such a manner as\nshall be determined necessary and proper by the commissioner which\ndisposition, however, may include, but not be limited to, the\ndestruction thereof.\n  4. Any person, firm, association or corporation who learns that they\npossess radioactive gold jewelry shall immediately notify the\ncommissioner or his designee of the existence of such radioactive gold\njewelry.\n  * NB Expired July 21, 1982\n
N.Y. SOS Law § 335-B — New York Code / Act SOS / Article 5 / Title 9-B / Section 335-B
Mandatory work requirements
Status: in_force

§ 335-b. Mandatory work requirements. 1. Each social services district\nshall meet or exceed the minimum participation rate for recipients of\nassistance funded under the federal temporary assistance for needy\nfamilies program participating in work activities as specified below\nwith respect to families receiving such assistance. Each such district\nshall also meet or exceed the minimum participation rates for households\nin which there is an adult who is receiving safety net assistance. Work\nactivities for which such rates apply are described in section three\nhundred thirty-six of this title.\n  (a) Such rate for all families receiving assistance funded under the\nfederal temporary assistance for needy families program shall be as\nfollows: for federal fiscal year nineteen hundred ninety-seven,\ntwenty-five percent; nineteen hundred ninety-eight, thirty percent;\nnineteen hundred ninety-nine, thirty-five percent; two thousand, forty\npercent; two thousand one, forty-five percent; two thousand two and\nthereafter, fifty percent. Such rates shall apply unless the state is\nrequired to meet a different rate as imposed by the federal government,\nin which case such different rate shall apply in accordance with a\nmethodology approved by the commissioner of the office of temporary and\ndisability assistance.\n  (b) Such rate for two-parent families receiving assistance funded\nunder the federal temporary assistance for needy families program shall\nbe as follows: for federal fiscal years nineteen hundred ninety-seven\nand nineteen hundred ninety-eight, seventy-five percent; nineteen\nhundred ninety-nine and thereafter, ninety percent. Such rate shall\napply unless the state is required to meet a different rate as imposed\nby the federal government, in which case such different rate shall apply\nin accordance with a methodology approved by the commissioner of the\noffice of temporary and disability assistance.\n  (c) Such rate for households with dependent children in which there is\nan adult or minor head of household and which is receiving safety net\nassistance shall be fifty percent.\n  (d) Calculation of participation rates. The commissioner of the office\nof temporary and disability assistance shall promulgate regulations\nwhich define the participation rate calculation. Such calculation for\nfamilies receiving assistance funded under the federal temporary\nassistance for needy families program pursuant to article IV-A of the\nsocial security act shall be consistent with that established in federal\nlaw.\n  (e) Minimum work hours. In order for individuals to be included in the\nparticipation rates specified in this subdivision, such individuals must\nbe engaged in work as defined in title IV-A of the social security act\nand in this section for a minimum average weekly number of hours as\nspecified below.\n  (i) For all families, if the month is in federal fiscal year: nineteen\nhundred ninety-seven and nineteen hundred ninety-eight, twenty hours per\nweek; nineteen hundred ninety-nine, twenty-five hours per week; two\nthousand and thereafter, thirty hours per week.\n  (ii) For two-parent families or households without dependent children,\nin any federal or state fiscal year, thirty-five hours per week.\n  (iii) In the case of a two-parent family receiving federally funded\nchild care assistance and a parent in the family is not disabled or\ncaring for a severely disabled child, the individual and the other\nparent in the family are participating in work activities for a total of\nat least fifty-five hours per week during the month, not fewer than\nfifty hours of which are attributable to activities described in\nparagraphs (a) through (h) and (l) of subdivision one of section three\nhundred thirty-six of this title.\n  (f) Such rate for households without dependent children in which there\nis an adult or minor head of household and which is receiving safety net\nassistance shall be fifty percent.\n  2. Engaged in work for a month shall mean participating in work\nactivities identified in subdivision one of section three hundred\nthirty-six of this title for the required number of hours specified in\nthis section provided, however, that at least twenty hours of such\nparticipation, or thirty hours for two-parent families, or fifty hours\nfor two-parent families receiving federally funded child care as set\nforth in subparagraph (iii) of paragraph (d) of subdivision one of this\nsection, shall be attributable to the activities described in paragraphs\n(a) through (h) and (l) of subdivision one of section three hundred\nthirty-six of this title, or for households without dependent children\nat least twenty hours of participation shall be attributable to the\nactivities set forth in paragraphs (a) through (h) and (l) of\nsubdivision one of section three hundred thirty-six of this title, and\nfurther provided that participation in job search and job readiness\nassistance as identified in paragraph (f) of subdivision one of section\nthree hundred thirty-six of this title shall only be determined as\nengaged in work for a maximum period of six weeks, only four of which\nmay be consecutive as otherwise limited by federal law; and that\nindividuals in all families and in two parent families may be engaged in\nwork for a month by reason of participation in vocational training to\nthe extent allowed by federal law. Any non-graduate student\nparticipating or approved by CUNY, SUNY or another degree granting\ninstitution, or any other state or local district approved education,\ntraining or vocational rehabilitation agency to participate in\nwork-study, or in internships, externships, or other work placements\nthat are part of the curriculum of that student, shall not be\nunreasonably denied the ability to participate in such programs and each\nhour of participation shall count toward satisfaction of such student's\nwork activity requirements of this title provided that the district may\nconsider, among other factors, (a) whether the student has voluntarily\nterminated his or her employment or voluntarily reduced his or her\nearnings to qualify for public assistance pursuant to subdivision ten of\nsection one hundred thirty-one of this article; (b) whether a comparable\njob or on the job training position can reasonably be expected to exist\nin the private, public or not-for-profit sector; (c) that the student\nhas a cumulative C average or its equivalent, which may be waived by the\ndistrict for undue hardship based on (1) the death of a relative of the\nstudent, (2) the personal injury or illness of the student, or (3) other\nextenuating circumstances; and (d) whether the institution cooperates in\nmonitoring students attendance and performance and reports to the local\nsocial services department monthly on each student. Failure of the\ninstitution to monitor and report monthly to local social services\ndistricts on attendance and performance of the student's work study,\ninternship, externship or other work placement shall be cause for the\ndepartment to reasonably deny the student's ability to participate in\nsuch programs. Students shall be subject to sanctions equivalent to\nthose associated with failure to adequately satisfy their other required\nwork activities. In assigning a non-graduate student participating in\nwork-study, internships, externships or other work placements, pursuant\nto this section, to other work activities the district shall make\nreasonable effort to assign the student to hours that do not conflict\nwith the student's academic schedule.\n  3. For purposes of determining monthly participation rates under this\nsection, a recipient in a one parent family who is the only parent or\ncaretaker relative in the family of a child who has not attained six\nyears of age is deemed to be engaged in work for a month if the\nrecipient is engaged in work for an average of at least twenty hours per\nweek during the month.\n  4. For the purposes of this section, a recipient who is married or a\nhead of household and has not attained twenty years of age and who\nmaintains satisfactory school attendance in accordance with federal\nrequirements shall be deemed to be engaged in work to the extent allowed\nby federal law and regulations.\n  5. (a) Each parent or caretaker of a child, when such parent or\ncaretaker is receiving public assistance, must be engaged in work as\nestablished by the social services district in accordance with the\nprovisions of its local plan filed pursuant to section three hundred\nthirty-three of this title.\n  (b) Each social services official shall ensure that each parent or\ncaretaker of a child, when such parent or caretaker is receiving\nbenefits under the federal temporary assistance for needy families\nprogram, is required to be engaged in work as soon as practicable, but\nno later than twenty-four months (whether or not consecutive) from\ninitial receipt of such assistance.\n  (c) Each social services official shall ensure that each parent or\ncaretaker of a child, when such parent or caretaker is receiving public\nassistance, is engaged in work as soon as practicable. Provided,\nhowever, that such social services official shall ensure that each\nparent or caretaker of a child under the age of five is provided with\ninformation regarding home visiting programs which meet the criteria\nestablished pursuant to 42 U.S.C. 711 in their area, and that such home\nvisiting services may satisfy a portion of such individual's required\nwork activities.\n  (d) Each social services official shall ensure that each adult member\nof a household without dependents, when such household is receiving\npublic assistance is engaged in work as soon as practicable.\n  (e) Notwithstanding any other requirement of this section, individuals\nin receipt of public assistance and who are work limited in accordance\nwith section three hundred thirty-two-b of this title shall be assigned\nto work activities in accordance with this title only if such\nassignment:\n  (i) is consistent with the individual's treatment plan and is\ndetermined to be appropriate by the social services official who is\nsatisfied that such person is able to perform the work assigned and that\nsuch assignment will assist the individual's transition to\nself-sufficiency.  In the event that such assignment is not part of the\nindividual's treatment plan, the individual shall be deemed to be\nengaged in work as defined in this subsection if he or she is complying\nwith the requirements of his or her treatment plan.\n  (ii) where no treatment plan exists, is consistent with the\nindividual's mental and physical limitations.\n  (f) The social services district shall communicate to the person\nsupervising the work assignment of a work limited recipient any\nlimitations of the recipient.\n  6. Recipients of safety net assistance who are exempt or work limited\npursuant to this title shall be determined to be engaged in work as\ndefined by department regulation.\n  7. Notwithstanding the participation rates set forth in subdivision\none of this section, for purposes of receiving the enhanced state\nreimbursement for administration of income maintenance, food stamps, and\nemployment programs as set forth in subdivision seventeen of section one\nhundred fifty-three of this article, the district must meet a fifty\npercent average monthly participation rate for the following categories\nof households in a fiscal year: households receiving assistance funded\nunder the federal temporary assistance for needy families block grant\nprogram in which there is an adult or minor head of household; and\nhouseholds with dependent children in which there is an adult or minor\nhead of household and which is receiving safety net assistance and\npayment for which is used to meet the federally required maintenance of\neffort for the temporary assistance for needy families block grant;\nprovided, however, that in the first state fiscal year in which this\nsubdivision shall have become a law, the participation rate shall be\ncalculated by averaging the monthly participation rate for the period\nfrom October first, two thousand six to December thirty-first, two\nthousand six and for the second year, the participation rate shall be\ncalculated by averaging the monthly participation rate for the period\nfrom October first, two thousand six to September thirtieth, two\nthousand seven, and for each year thereafter, the participation rate\nshall be calculated by averaging the monthly participation rate for the\nfederal fiscal year.\n
N.Y. RSS Law § 89-N — New York Code / Act RSS / Article 2 / Title 9 / Section 89-N
Computation of twenty-five years of service; correction officers
Status: in_force

* § 89-n. Computation of twenty-five years of service; correction\nofficers. a. Notwithstanding any inconsistent provision of law, in\ncomputing twenty-five years of completed service by correction officers\nin all counties, full credit shall be given and full allowance shall be\nmade for service of such member as a correction officer employed by the\ncity of New York, as a uniformed employee in an institution under the\njurisdiction of the department of corrections and community supervision,\nas a security hospital assistant under the jurisdiction of the office of\nmental health, or as a correction officer in any county in which he or\nshe was eligible to retire after twenty-five years of total creditable\nservice.\n  b. Notwithstanding any inconsistent provision of law, in computing\ntwenty-five years of completed service by state correction officers,\nfull credit shall be given and full allowance shall be made for service\nof such members as a correction officer employed by the city of New York\nas a uniformed employee in an institution under the jurisdiction of the\ndepartment of corrections and community supervision, as a security\nhospital assistant under the jurisdiction of the office of mental\nhealth, or as a correction officer in any county in which he or she was\neligible to retire after twenty-five years of total creditable service.\n  * NB There are 2 § 89-n's\n
N.Y. PBA Law § 728 — New York Code / Act PBA / Article 3 / Title 9 / Section 728
Transfer of records and property
Status: in_force

§ 728. Transfer of records and property. Except as hereinafter\nprovided, all the contracts, books, maps, plans, papers, records, moneys\nand property, of whatsoever nature or kind, owned or possessed or under\nthe jurisdiction or control of the Ogdensburg port authority, and all\ndebts or obligations thereof, are hereby transferred and assigned to,\nand devolved upon, the Ogdensburg bridge and port authority, and the\nsame or evidences thereof shall be delivered to the secretary of such\nauthority who is hereby authorized to take possession thereof.\n
N.Y. PBA Law § 1894 — New York Code / Act PBA / Article 8 / Title 9-A / Section 1894
Competitive grants for outreach, enrollment and related services
Status: in_force

§ 1894. Competitive grants for outreach, enrollment and related\nservices. 1. The authority shall issue one or more program opportunity\nnotices or requests for proposals to solicit applications from\npartnerships or consortia comprised of constituency-based organizations\nwhich can connect community members to the program, including\nfacilitating awareness of the program and enrollment, and (a)\ndistribution utilities, (b) contractors that have signed enforceable\nagreements to meet standards set by the authority, including standards\nfor local hiring and pre-apprenticeship and apprenticeship and other\nlabor-management training program participation, (c) workforce\ndevelopment organizations that will recruit unemployed individuals, and\nprovide training and job placement in conjunction with contractors\npursuant to section eighteen hundred ninety-seven of this title; and/or\n(d) organized trades and their certification or apprenticeship programs.\nThe authority shall specifically solicit applications that propose to\ndemonstrate the feasibility of innovative financing mechanisms,\nincluding but not limited to applications undertaken in partnership with\ndistribution utilities that propose to demonstrate the feasibility of\non-bill financing. The public service commission and other appropriate\nagencies are authorized to coordinate with the authority and applicants\nin developing and implementing proposed demonstrations of innovative\nfinancing mechanisms.\n  2. In awarding grants, the authority shall:\n  (a) target communities in areas where energy costs are particularly\nhigh in relation to a measure of median household income as determined\nby the authority; or which have been designated as a nonattainment area\nfor one or more pollutants pursuant to section 107 of the federal Clean\nAir Act (42 U.S.C. section 4207);\n  (b) give preference in awards to applicants that include significant\nparticipation by minority and women owned business enterprises and/or to\napplications to serve economically distressed communities;\n  (c) ensure that the awards as a whole reflect the geographic diversity\nof the state; and\n  (d) award a sufficient number of grants to make it possible to fully\ncommit the resources allocated during the initial phase of the program.\n  3. (a) The authority is authorized to consult with the department of\npublic service, the division of housing and community renewal, the\ndepartment of labor and the department of environmental conservation, as\nappropriate, in making any determinations contemplated by this section.\n  (b) The authority shall consult with representatives of businesses who\nprovide home heating oil, propane and other petroleum-based heating\nproducts to develop innovative financing mechanisms for energy\nefficiency retrofits.\n  (c) The authority shall consult with the division of housing and\ncommunity renewal and the council established pursuant to section\neighteen hundred ninety-eight of this title to develop strategies to\nmitigate any adverse economic impact of the program on tenants,\nincluding but not limited to residents of in rent-regulated housing or\nrecipients of housing subsidies.\n  4. Any organization using funding provided under the program for\nmarketing or other outreach activities shall not commingle such\nmarketing or outreach activities with any other advocacy or policy\npromotion efforts.\n
N.Y. VAT Law § 1809-E — New York Code / Act VAT / Title 9 / Article 45 / Section 1809-E
Additional surcharge required for certain violations
Status: in_force

§ 1809-e. Additional surcharge required for certain violations. 1.  a.\nNotwithstanding any other provision of law, whenever proceedings in a\ncourt or an administrative tribunal of this state result in a conviction\nfor an offense under this chapter, except a conviction pursuant to\nsection eleven hundred ninety-two of this chapter, or for a traffic\ninfraction under this chapter, or a local law, ordinance, rule or\nregulation adopted pursuant to this chapter, except: (i) a traffic\ninfraction involving standing, stopping, or parking or violations by\npedestrians or bicyclists; and (ii) an adjudication of liability of an\nowner for a violation of subdivision (d) of section eleven hundred\neleven of this chapter imposed pursuant to a local law or ordinance\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with traffic-control indications through the\ninstallation and operation of traffic-control signal photo\nviolation-monitoring systems, in accordance with article twenty-four of\nthis chapter; and (iii) an adjudication of liability of an owner for a\nviolation of subdivision (b), (c), (d), (f) or (g) of section eleven\nhundred eighty of this chapter imposed pursuant to a demonstration\nprogram imposing monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with such posted maximum speed\nlimits through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nand (iv) an adjudication of liability of an owner for a violation of bus\nlane restrictions as defined by article twenty-four of this chapter\nimposed pursuant to a bus rapid transit program imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with such bus lane restrictions through the installation and\noperation of bus lane photo devices, in accordance with article\ntwenty-four of this chapter; and (v) an adjudication of liability of an\nowner for a violation of toll collection regulations imposed by certain\npublic authorities pursuant to the law authorizing such public\nauthorities to impose monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with toll collection\nregulations of such public authorities through the installation and\noperation of photo-monitoring systems, in accordance with section two\nthousand nine hundred eighty-five of the public authorities law or\nsections sixteen-a, sixteen-b and sixteen-c of chapter seven hundred\nseventy-four of the laws of nineteen hundred fifty; and (vi) an\nadjudication of liability of an owner for a violation of section eleven\nhundred seventy-four of this chapter when meeting a school bus marked\nand equipped as provided in subdivisions twenty and twenty-one-c of\nsection three hundred seventy-five of this chapter imposed pursuant to a\nlocal law or ordinance imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with school bus red\nvisual signals through the installation and operation of school bus\nphoto violation monitoring systems, in accordance with article\ntwenty-nine of this chapter; and (vii) an adjudication of liability of\nan owner for a violation of section three hundred eighty-five of this\nchapter and the rules of the applicable covered agency or covered\nauthority as such terms are defined in article ten of this chapter in\nrelation to gross vehicle weight and/or axle weight violations imposed\npursuant to a weigh in motion demonstration program imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with such gross vehicle weight and/or axle weight restrictions\nthrough the installation and operation of weigh in motion violation\nmonitoring systems, in accordance with article ten of this chapter; and\n(viii) an adjudication of liability of an owner for a violation of\nsubdivision (b), (d), (f) or (g) of section eleven hundred eighty of\nthis chapter imposed pursuant to a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with such posted maximum speed limits within a highway\nconstruction or maintenance work area through the installation and\noperation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter; and (ix) an adjudication of\nliability of an owner for a violation of bus operation-related traffic\nregulations as defined by article twenty-four of this chapter imposed\npursuant to a demonstration program imposing monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\nsuch bus operation-related traffic regulations through the installation\nand operation of bus operation-related photo devices, in accordance with\narticle twenty-four of this chapter, there shall be levied in addition\nto any sentence, penalty or other surcharge required or permitted by\nlaw, an additional surcharge of twenty-eight dollars.\n  b. Notwithstanding any other provision of law, whenever proceedings in\na court of this state result in a conviction pursuant to section eleven\nhundred ninety-two of this chapter or subparagraphs (ii) and (iii) of\nparagraph (a) of subdivision two or subparagraph (i) of paragraph (a) of\nsubdivision three of section five hundred eleven of this chapter, there\nshall be levied, in addition to any sentence or other surcharge required\nor permitted by law, an additional surcharge of one hundred seventy\ndollars.\n  2. The additional surcharges provided for in subdivision one of this\nsection shall be paid to the clerk of the court or administrative\ntribunal that rendered the conviction. Within the first ten days of the\nmonth following collection of such surcharges, the collecting authority\nshall pay such money to the state comptroller to be deposited to the\ngeneral fund; provided, however, commencing April first, two thousand\ntwenty-four, the surcharge provided for in paragraph b of subdivision\none of this section shall be paid to counties in such manner and for\nsuch purposes as provided for in section eleven hundred ninety-seven of\nthis chapter.\n  3. The provisions of subdivision four-a of section five hundred ten,\nsubdivision three of section five hundred fourteen and subdivision three\nof section two hundred twenty-seven of this chapter governing actions\nwhich may be taken for failure to pay a fine or penalty shall be\napplicable to the additional surcharge imposed pursuant to this section.\n
N.Y. PBA Law § 1225-P — New York Code / Act PBA / Article 5 / Title 9-A / Section 1225-P
Exemption from taxation
Status: in_force

§ 1225-p. Exemption from taxation. The monies and property of the fund\nand its operation shall be exempt from taxation.\n
N.Y. PBA Law § 364 — New York Code / Act PBA / Article 2 / Title 9 / Section 364
Deposit and investment of moneys of the authority
Status: in_force

§ 364. Deposit and investment of moneys of the authority. All moneys\nof the authority from whatever source derived shall be paid to the\ncomptroller as agent of the authority, who shall not commingle such\nmoneys with any other moneys. Such moneys shall be deposited in a\nseparate bank account or accounts. The moneys in such accounts shall be\npaid out on check of the comptroller on requisition of the chairman of\nthe authority or of such other person as the authority may authorize to\nmake such requisition. All deposits of such moneys shall, if required by\nthe comptroller or the authority, be secured by obligations of the\nUnited States or of the state of New York of a market value equal at all\ntimes to the amount of the deposit and all banks and trust companies are\nauthorized to give such security for such deposits. The comptroller and\nhis legally authorized representatives are hereby authorized and\nempowered from time to time to examine the accounts and books of the\nauthority, including its receipts, disbursements, contracts, leases,\nsinking funds, investments and any other matters relating to its\nfinancial standing.\n  Notwithstanding the provisions of this section, the authority shall\nhave power, subject to the approval of the comptroller, to contract with\nthe holders of any of its notes or bonds as to the custody, collection,\nsecuring, investment and payment of any moneys of the authority, or any\nmoneys held in trust or otherwise for the payment of notes or bonds or\nin any way to secure notes or bonds, and to carry out any such contract.\nMoneys held in trust or otherwise for the payment of notes or bonds or\nin any way to secure notes or bonds and deposits of such moneys may be\nsecured in the same manner as moneys of the authority, and all banks and\ntrust companies are authorized to give such security for such deposits.\n  Moneys of the authority not required for immediate use may, in the\ndiscretion of the authority, be invested by the comptroller in\nobligations in which the comptroller may invest pursuant to section\nninety-eight-a of the state finance law.\n  Subject to agreements with noteholders and bondholders and the\napproval of the comptroller, the authority shall prescribe a system of\naccounts.\n
N.Y. RSS Law § 375-E — New York Code / Act RSS / Article 8 / Title 9 / Section 375-E
Guaranteed retirement benefits for employees of participating employers
Status: in_force

§ 375-e. Guaranteed retirement benefits for employees of participating\nemployers.  a. By the adoption, filing and approval, where required, of\na resolution in a manner provided by section three hundred thirty or\nthree hundred thirty-one of this chapter, as the case may be, a\nparticipating employer who previously elected to make contributions\nunder the provisions of section three hundred seventy-five-b of this\nchapter, may elect to make contributions to the pension accumulation\nfund for the purpose of providing guaranteed retirement benefits\npursuant to this section for members in its employ who are entitled to a\npension pursuant to subdivision b of section three hundred\nseventy-five-c of this chapter. Such resolution shall specify an\neffective date which shall be on or after the date of such filing for\nthe commencement of guaranteed retirement benefits.\n  b. 1. The guaranteed retirement benefit shall consist of an additional\npension for member service rendered on or after April first, nineteen\nhundred thirty-eight and prior to April first, nineteen hundred sixty,\nwhich when added to the pension provided pursuant to paragraph two,\nsubdivision b of section three hundred seventy-five-c and the annuity\nwhich is the actuarial equivalent of the member's accumulated\ncontributions attributable to such period, computed on the basis of his\nrate of normal contribution, will provide a retirement allowance of\none-sixtieth of final average salary for each year of such service, for\nmembers in its employ on the effective date of the aforesaid resolution.\nSuch annuity shall be computed as it would be if it were not reduced by\nthe actuarial equivalent of any outstanding loan nor by reason of the\nmember's election to decrease his contributions toward retirement in\norder to apply the resulting amount toward payment of contributions for\nold age and survivors insurance coverage.\n  2. The additional pension provided under this section shall not be\nincluded in computing any pension reserve payable pursuant to the\nprovisions of section three hundred sixty of this chapter.\n  3. Any accumulated contributions in excess of the amount required to\nprovide the annuity computed pursuant to paragraph one of this\nsubdivision shall be used to increase the member's retirement allowance.\n  c. 1. A member of the retirement system in the employ of such\nparticipating employer on or after January first, nineteen hundred\nsixty-eight and prior to April first, nineteen hundred sixty-eight, who\nretires from such employ after the effective date of the aforesaid\nresolution, shall be entitled to, if otherwise eligible, the additional\npension provided under subdivision a of this section.\n  2. A member of the retirement system not in the employ of the\nparticipating employer on or after January first, nineteen hundred\nsixty-eight and prior to April first, nineteen hundred sixty-eight, who\nthereafter enters or re-enters such employ, shall not be entitled to the\nadditional pension provided under this section for any period of member\nservice rendered on or after April first, nineteen hundred thirty-eight\nand prior to April first, nineteen hundred sixty, unless he renders two\nor more years of service in the employ of such participating employer\nafter the effective date that such employer elects to provide the\nbenefits under this section, and retires from such employ, except that a\nmember shall retain such eligibility for the additional pension provided\nby this section that accrued by reason of previous employment\nimmediately prior to employment with such participating employer.\n  d. The benefits hereinabove provided shall be payable unless the\nmember would otherwise under the provisions of this chapter be entitled\nto a greater benefit, in which event, the greater benefit shall be\npayable.\n  e. The provisions of this section shall apply to members retiring from\nservice with a participating employer after the effective date of such\nresolution; provided, however, in the case of persons who last became\nmembers on or after July first, nineteen hundred seventy-three, the\nprovisions of this section shall apply only to those retiring prior to\nJuly first, nineteen hundred seventy-four.\n
N.Y. ENV Law § 37-0901 — New York Code / Act ENV / Article 37 / Title 9 / Section 37-0901
Definitions
Status: in_force

§ 37-0901. Definitions.\n  As used in this title, unless the context otherwise indicates, the\nfollowing terms have the following meanings.\n  1. "Children's apparel" means any item of clothing that consists of\nfabric or related material intended or promoted for use in children's\nclothing. Children's apparel does not mean protective equipment designed\nto prevent injury, including, but not limited to, bicycle helmets,\nathletic supporters, knee pads or elbow pads.\n  2. "Chemical" means a substance with a distinct molecular composition\nor a group of structurally related substances and includes the breakdown\nproducts of the substance or substances that form through decomposition,\ndegradation or metabolism.\n  3. " Chemical of concern" means a chemical identified by the\ndepartment by rule pursuant to subdivision one of section 37-0905 of\nthis title.\n  4. "Children" means a person or persons aged twelve and under.\n  5. "Children's product" means a consumer product primarily intended\nfor, made for or marketed for use by children, such as baby products,\ntoys, car seats, school supplies, personal care products as defined in\nsection 37-0117 of this article, a product designed or intended by the\nmanufacturer to help a child with sucking or teething, to facilitate\nsleep, relaxation, or the feeding of a child, and children's novelty\nproducts, children's jewelry as defined in section 37-0115 of this\narticle, children's bedding, furniture, furnishings, and apparel.\n"Children's product" does not include (a) batteries; (b) consumer\nelectronic products and their component parts including but not limited\nto personal computers, audio and video equipment, calculators, wireless\nphones, game consoles, video toys that can be connected to a video\nscreen and are operated at a nominal voltage exceeding twenty-four volts\nand handheld devices incorporating a video screen, used to access\ninteractive software and their associated peripherals, accessories and\nperipherals to children's electronic products including plugs, keyboards\nand headphones, interactive software, intended for leisure and\nentertainment, such as computer games, and their storage media, such as\ncompact disks; or (c) sporting equipment including bicycles and\ntricycles, skis, snow boards, sleds, and roller skates; and hunting and\nfishing equipment or components thereof; (d) science kits including\nchemistry sets and model rockets; (e) toy engines and sets of darts with\nmetallic points; (f) motor vehicles or their component parts, watercraft\nor their component parts, all-terrain vehicles or their component parts,\nor off-highway motorcycles or their component parts.\n  6. "Consumer product" means any product that is regularly used or\npurchased to be used for personal, family or household purposes.\nConsumer product shall not mean: (a) a food or beverage or an additive\nto a food or beverage regulated by the United States Food and Drug\nAdministration; or (b) a drug, biologic or medical device regulated by\nthe United States Food and Drug Administration.\n  7. "Distributor" means a person who sells children's products to\nretail establishments on a wholesale basis.\n  8. "Manufacturer" means any person who currently manufactures a\nchildren's product or whose brand name is affixed to the children's\nproduct. In the case of a children's product that was imported into the\nUnited States, "manufacturer" includes the importer or first domestic\ndistributor of the children's product if the person who currently\nmanufactures or assembles the children's product or whose brand name is\naffixed to the children's product does not have a presence in the United\nStates.\n  9. "Practical quantification limit" means the lowest level that can be\nreliably achieved within specified limits of precision and accuracy\nduring routine laboratory operating conditions.\n  10. "High-priority chemical" means (a) a chemical designated pursuant\nto paragraph (a) of subdivision two of section 37-0905 of this title;\nand\n  (b) a chemical adopted by the department pursuant to paragraph (b) of\nsubdivision two of section 37-0905 of this title.\n  11. "Intentionally added chemical" means a chemical in a product that\nserves an intended function in the product component.\n  12. "Toy" means a product designed or intended by the manufacturer to\nbe used by children at play.\n  13. "Trace contaminant" means a trace amount of a chemical or\nchemicals that is incidental to manufacturing, including an unintended\nby-product of chemical reactions during the manufacture of the\nchildren's product, a trace impurity in feed-stock, an incompletely\nreacted chemical mixture, or a degradation product.\n  14. "Very persistent" means having a half-life greater than or equal\nto one of the following: (a) a half-life in soil or sediment of greater\nthan one hundred eighty days; (b) a half-life greater than or equal to\nsixty days in water or evidence of long-range transport.\n  15. "Very bioaccumulative" means having a bioconcentration factor or\nbioaccumulation factor greater than or equal to five thousand, or if\nneither are available, having a log Kow greater than 5.0.\n
N.Y. ENV Law § 19-0903 — New York Code / Act ENV / Article 19 / Title 9 / Section 19-0903
Definitions
Status: in_force

§ 19-0903. Definitions.\n  As used in this title:\n  1. "Acid deposition" means the wet or dry deposition from the\natmosphere of chemical compounds, usually in the form of rain or snow,\nhaving the potential to form an aqueous compound with a pH level lower\nthan the level considered normal under natural conditions, or lower than\n5.6, whichever is less.\n  2. "Acid deposition precursor" means sulfur dioxide or oxides of\nnitrogen.\n  3. "Best available control technology" means an emission limitation or\nequipment standard based on the maximum degree of reduction which the\ndepartment determines is achievable on a case-by-case basis taking into\naccount energy, economic, environmental and health impacts and other\ncosts related to the source.\n  4. "Coal" means bituminous coal, anthracite coal or lignite.\n  5. "Conversion or modification" means any construction,\nreconstruction, addition to or alteration of any facility or stationary\nsource or other physical changes to allow burning of coal as a boiler\nfuel.\n  6. "Emission" means the release of acid deposition precursors into the\natmosphere from any facility or stationary source.\n  7. "Environmental threshold value" means a deposition rate, expressed\nin kilograms of sulfate per hectare per year, at which no significant\ndamaging chemical or biological effects of acid deposition have been\nreported, and above which there is high probability that such effects\nwould occur.\n  8. "Final control target" means a limitation, expressed in terms of\nfuel sulfur content or equivalent emissions reductions, that will reduce\nthe New York state share of total measured or estimated wet sulfate\ndeposition in sensitive receptor areas by the percentage derived\naccording to the following formula:\n                                          (Total measured or estimated\nNew York's contribution to                wet sulfate deposition) minus\ntotal measured or esti-                   (Environmental threshold value)\nmated wet sulfate deposition,     X      _______________________________\nexpressed as a percentage\n                                          Total measured or estimated\n                                          wet sulfate deposition\n  9. "Fossil fuel" means coal, petroleum products and fuel gases.\n  10. "Interim control target" means a limitation, expressed in terms of\nfuel sulfur content, that achieves a level of sulfur deposition\nreduction that is approximately forty per centum of the final control\ntarget.\n  11. "Least emissions dispatch" means the utilization of the cleanest\nfacility or other stationary source on a priority basis so that less\nclean facilities or stationary sources are operated at full capacity\nonly when need arises.\n  12. "Major steam electric generating facility" or "facility" means a\nsteam electric generating facility with a generating capacity of fifty\nthousand kilowatts or more which burns fossil fuel.\n  13. "New emission source" means any new facility or stationary source\nthat will emit acid deposition precursors in excess of one hundred tons\nper year, and is granted a permit to construct pursuant to section\n19-0305 of this article after January first, nineteen hundred\neighty-seven.\n  14. "New source performance standard" means a standard developed by\nthe department which sets limitations for emissions of acid deposition\nprecursors from new facilities and new stationary sources.\n  15. "Sensitive receptor areas" means regions of the state,\nencompassing geographically significant land areas not wholly contained\nwithin any county, that the department determines to be susceptible to\nthe impacts of acid deposition based upon:\n  a. geological information identifying areas incapable of adequately\nneutralizing acid deposition;\n  b. the presence of plant or animal species that are particularly\nsensitive to acid deposition;\n  c. existing acid deposition reports and data prepared by agencies of\nthe state or of the federal government; or\n  d. such other information that the department determines to be\nindicative of acid sensitivity.\n  16. "Special limitation" means a special fuel use limitation for a\nspecific facility, stationary source, or specified area of the state\npromulgated by the department in rules and regulations that permits the\nsale, offering for sale, purchase and use of oil or coal with a sulfur\ncontent in excess of established sulfur limits, when acceptable\ndiffusion analyses have demonstrated to the department's satisfaction\nthat such use would not contribute to the contravention of any\napplicable federal ambient air quality standard nor significantly\nincrease acid deposition at sensitive receptor areas.\n  17. "Stationary source" means any source other than major steam\nelectric generating facilities that emits acid deposition precursors in\nexcess of one hundred tons per year.\n
N.Y. VAT Law § 1809 — New York Code / Act VAT / Title 9 / Article 45 / Section 1809
Mandatory surcharge and crime victim assistance fee required in certain cases
Status: in_force

§ 1809. Mandatory surcharge and crime victim assistance fee required\nin certain cases.  * 1. Whenever proceedings in an administrative\ntribunal or a court of this state result in a conviction for an offense\nunder this chapter or a traffic infraction under this chapter, or a\nlocal law, ordinance, rule or regulation adopted pursuant to this\nchapter, other than a traffic infraction involving standing, stopping,\nor parking or violations by pedestrians or bicyclists and except as\notherwise provided by subdivision one-a of this section, there shall be\nlevied a crime victim assistance fee and a mandatory surcharge, in\naddition to any sentence required or permitted by law, in accordance\nwith the following schedule:\n  (a) Whenever proceedings in an administrative tribunal or a court of\nthis state result in a conviction for a traffic infraction pursuant to\narticle nine of this chapter, there shall be levied a crime victim\nassistance fee in the amount of five dollars and a mandatory surcharge,\nin addition to any sentence required or permitted by law, in the amount\nof twenty-five dollars.\n  (b) Whenever proceedings in an administrative tribunal or a court of\nthis state result in a conviction for a misdemeanor or felony pursuant\nto section eleven hundred ninety-two of this chapter, there shall be\nlevied, in addition to any sentence required or permitted by law, a\ncrime victim assistance fee in the amount of twenty-five dollars and a\nmandatory surcharge in accordance with the following schedule:\n  (i) a person convicted of a felony shall pay a mandatory surcharge of\nthree hundred dollars;\n  (ii) a person convicted of a misdemeanor shall pay a mandatory\nsurcharge of one hundred seventy-five dollars.\n  (c) Whenever proceedings in an administrative tribunal or a court of\nthis state result in a conviction for an offense under this chapter\nother than a crime pursuant to section eleven hundred ninety-two of this\nchapter, or a traffic infraction under this chapter, or a local law,\nordinance, rule or regulation adopted pursuant to this chapter, other\nthan a traffic infraction involving standing, stopping, or parking or\nviolations by pedestrians or bicyclists and except as otherwise provided\nby subdivision one-a of this section, there shall be levied a crime\nvictim assistance fee in the amount of five dollars and a mandatory\nsurcharge, in addition to any sentence required or permitted by law, in\nthe amount of fifty-five dollars.\n  * NB Effective until September 1, 2027\n  * 1. Whenever proceedings in an administrative tribunal or a court of\nthis state result in a conviction for a crime under this chapter or a\ntraffic infraction under this chapter, or a local law, ordinance, rule\nor regulation adopted pursuant to this chapter, other than a traffic\ninfraction involving standing, stopping, parking or motor vehicle\nequipment or violations by pedestrians or bicyclists and except as\notherwise provided by subdivision one-a of this section, there shall be\nlevied a mandatory surcharge, in addition to any sentence required or\npermitted by law, in the amount of twenty-five dollars.\n  * NB Effective September 1, 2027 until July 1, 2028\n  * 1. Whenever proceedings in an administrative tribunal or a court of\nthis state result in a conviction for a crime under this chapter or a\ntraffic infraction under this chapter other than a traffic infraction\ninvolving standing, stopping, parking or motor vehicle equipment or\nviolations by pedestrians or bicyclists and except as otherwise provided\nby subdivision one-a of this section, there shall be levied a mandatory\nsurcharge, in addition to any sentence required or permitted by law, in\nthe amount of seventeen dollars.\n  * NB Effective July 1, 2028 until July 1, 2025\n  * 1. Whenever proceedings in an administrative tribunal or a court of\nthis state result in a conviction for a crime under this chapter or a\ntraffic infraction under this chapter other than a traffic infraction\ninvolving standing, stopping, parking or motor vehicle equipment or\nviolations by pedestrians or bicyclists and except as otherwise provided\nby subdivision one-a of this section, there shall be levied a mandatory\nsurcharge, in addition to any sentence required or permitted by law, in\nthe amount of seventeen dollars.\n  * NB Effective July 1, 2025 until December 1, 2029\n  * 1. Whenever proceedings in an administrative tribunal or a court of\nthis state result in a conviction for a crime under this chapter or a\ntraffic infraction under this chapter other than a traffic infraction\ninvolving standing, stopping, parking or motor vehicle equipment or\nviolations by pedestrians or bicyclists and except as otherwise provided\nby subdivision one-a of this section, there shall be levied a mandatory\nsurcharge, in addition to any sentence required or permitted by law, in\nthe amount of seventeen dollars.\n  * NB Effective December 1, 2029\n  1-a. Notwithstanding the provisions of subdivision one of this\nsection, the provisions of subdivision one of this section shall not\napply to an adjudication of liability of owners: (a) for violations of\nsubdivision (d) of section eleven hundred eleven of this chapter imposed\npursuant to a local law or ordinance imposing monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\ntraffic-control indications through the installation and operation of\ntraffic-control signal photo violation-monitoring systems, in accordance\nwith article twenty-four of this chapter; or (b) for violations of\nsubdivision (b), (c), (d), (f) or (g) of section eleven hundred eighty\nof this chapter imposed pursuant to a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with such posted maximum speed limits through the\ninstallation and operation of photo speed violation monitoring systems,\nin accordance with article thirty of this chapter; or (c) for violations\nof bus lane restrictions as defined by article twenty-four of this\nchapter imposed pursuant to a bus rapid transit program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with such bus lane restrictions through the\ninstallation and operation of bus lane photo devices, in accordance with\narticle twenty-four of this chapter; or (d) for violations of toll\ncollection regulations imposed by certain public authorities pursuant to\nthe law authorizing such public authorities to impose monetary liability\non the owner of a vehicle for failure of an operator thereof to comply\nwith toll collection regulations of such public authorities through the\ninstallation and operation of photo-monitoring systems, in accordance\nwith the provisions of section two thousand nine hundred eighty-five of\nthe public authorities law and sections sixteen-a, sixteen-b and\nsixteen-c of chapter seven hundred seventy-four of the laws of nineteen\nhundred fifty; or (e) for violations of section eleven hundred\nseventy-four of this chapter when meeting a school bus marked and\nequipped as provided in subdivisions twenty and twenty-one-c of section\nthree hundred seventy-five of this chapter imposed pursuant to a local\nlaw or ordinance imposing monetary liability on the owner of a vehicle\nfor failure of an operator thereof to comply with school bus red visual\nsignals through the installation and operation of school bus photo\nviolation monitoring systems, in accordance with article twenty-nine of\nthis chapter; or (f) for violations of section three hundred eighty-five\nof this chapter and the rules of the applicable covered agency or\ncovered authority as such terms are defined in article ten of this\nchapter in relation to gross vehicle weight and/or axle weight\nviolations imposed pursuant to a weigh in motion demonstration program\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with such gross vehicle weight and/or axle\nweight restrictions through the installation and operation of weigh in\nmotion violation monitoring systems, in accordance with article ten of\nthis chapter; or (g) for violations of subdivision (b), (d), (f) or (g)\nof section eleven hundred eighty of this chapter imposed pursuant to a\ndemonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with such posted\nmaximum speed limits within a highway construction or maintenance work\narea through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nor (h) for violations of bus operation-related traffic regulations as\ndefined by article twenty-four of this chapter imposed pursuant to a\ndemonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with such bus\noperation-related traffic regulations through the installation and\noperation of bus operation-related photo devices, in accordance with\narticle twenty-four of this chapter.\n  * 2. Where a person is convicted of two or more such crimes or traffic\ninfractions committed through a single act or omission, or through an\nact or omission which in itself constituted one of the crimes or traffic\ninfractions and also was a material element of the other, the court or\nadministrative tribunal shall impose a crime victim assistance fee and a\nmandatory surcharge mandated by subdivision one of this section for each\nsuch conviction; provided however, that in no event shall the total\namount of such crime victim assistance fees and mandatory surcharges\nimposed pursuant to paragraph (a) or (c) of subdivision one of this\nsection exceed one hundred ninety-six dollars.\n  * NB Effective until September 1, 2027\n  * 2. Where a person is convicted of two or more such crimes or traffic\ninfractions committed through a single act or omission, or through an\nact or omission which in itself constituted one of the crimes or traffic\ninfractions and also was a material element of the other, the court or\nadministrative tribunal shall impose only one mandatory surcharge\nmandated by subdivision one of this section.\n  * NB Effective September 1, 2027\n  3. The mandatory surcharge provided for in subdivision one of this\nsection shall be paid to the clerk of the court or administrative\ntribunal that rendered the conviction. Within the first ten days of the\nmonth following collection of the mandatory surcharge the collecting\nauthority shall determine the amount of mandatory surcharge collected\nand, if it is an administrative tribunal or a town or village justice\ncourt, it shall pay such money to the state comptroller who shall\ndeposit such money in the state treasury pursuant to section one hundred\ntwenty-one of the state finance law to the credit of the general fund;\nprovided, however, that the comptroller shall deposit such money\ncollected for violations of section eleven hundred seventy-four of this\nchapter to the credit of the school bus motorist education fund\nestablished pursuant to section eighty-nine-j of the state finance law.\nIf such collecting authority is any other court of the unified court\nsystem, it shall, within such period, pay such money to the state\ncommissioner of taxation and finance to the credit of the criminal\njustice improvement account established by section ninety-seven-bb of\nthe state finance law; provided, however, that the state commissioner of\ntaxation and finance shall deposit such money collected for violations\nof section eleven hundred seventy-four of this chapter to the credit of\nthe school bus motorist education fund established pursuant to section\neighty-nine-j of the state finance law. The crime victim assistance fee\nprovided for in subdivision one of this section shall be paid to the\nclerk of the court or administrative tribunal that rendered the\nconviction. Within the first ten days of the month following collection\nof the crime victim assistance fee, the collecting authority shall\ndetermine the amount of crime victim assistance fee collected and, if it\nis an administrative tribunal or a town or village justice court, it\nshall pay such money to the state comptroller who shall deposit such\nmoney in the state treasury pursuant to section one hundred twenty-one\nof the state finance law to the credit of the criminal justice\nimprovement account established by section ninety-seven-bb of the state\nfinance law.\n  4. Any person who has paid a mandatory surcharge or crime victim\nassistance fee under the authority of this section which is ultimately\ndetermined not to be required by this section shall be entitled to a\nrefund of such mandatory surcharge or crime victim assistance fee upon\napplication to the state comptroller. The state comptroller shall\nrequire such proof as it is necessary in order to determine whether a\nrefund is required by law.\n  5. When a person who is convicted of a crime or traffic infraction and\nsentenced to a term of imprisonment has failed to pay the mandatory\nsurcharge or crime victim assistance fee required by this section, the\nclerk of the court or the administrative tribunal that rendered the\nconviction shall notify the superintendent or the municipal official of\nthe facility where the person is confined. The superintendent or the\nmunicipal official shall cause any amount owing to be collected from\nsuch person during his or her term of imprisonment from moneys to the\ncredit of an incarcerated individuals' fund or such moneys as may be\nearned by a person in a work release program pursuant to section eight\nhundred sixty of the correction law. Such moneys shall be paid over to\nthe state comptroller to the credit of the criminal justice improvement\naccount established by section ninety-seven-bb of the state finance law,\nexcept that any such moneys collected which are surcharges or crime\nvictim assistance fees levied in relation to convictions obtained in a\ntown or village justice court shall be paid within thirty days after the\nreceipt thereof by the superintendent or municipal official of the\nfacility to the justice of the court in which the conviction was\nobtained. For the purposes of collecting such mandatory surcharge or\ncrime victim assistance fee, the state shall be legally entitled to the\nmoney to the credit of an incarcerated individuals' fund or money which\nis earned by an incarcerated individual in a work release program. For\npurposes of this subdivision, the term "incarcerated individuals' fund"\nshall mean moneys in the possession of an incarcerated individual at the\ntime of his admission into such facility, funds earned by him or her as\nprovided for in section one hundred eighty-seven of the correction law\nand any other funds received by him or her or on his or her behalf and\ndeposited with such superintendent or municipal official.\n  5-a. The provisions of subdivision four-a of section five hundred ten,\nsubdivision three of section five hundred fourteen and subdivision three\nof section two hundred twenty-seven of this chapter governing actions\nwhich may be taken for failure to pay a fine or penalty shall be\napplicable to a mandatory surcharge or crime victim assistance fee\nimposed pursuant to this section.\n  6. Notwithstanding any other provision of this section, where a person\nhas made restitution or reparation pursuant to section 60.27 of the\npenal law, such person shall not be required to pay a mandatory\nsurcharge or crime victim assistance fee.\n  7. Notwithstanding any other provision of this section, where a\nmandatory surcharge or crime victim assistance fee is imposed pursuant\nto the provisions of section 60.35 of the penal law, no mandatory\nsurcharge or crime victim assistance fee shall be imposed pursuant to\nthe provisions of this section.\n  8. The provisions of this section shall only apply to offenses\ncommitted on or before September first, two thousand twenty-seven.\n  9. Notwithstanding the provisions of subdivision one of this section,\nin the event a proceeding is in a town or village court, the court shall\nadd an additional five dollars to the surcharges imposed by such\nsubdivision one of this section.\n  10. For the purposes of this section, the term conviction means and\nincludes the conviction of a felony or a misdemeanor for which a\nyouthful offender finding was substituted and upon such a finding there\nshall be levied a mandatory surcharge and a crime victim assistance fee\nto the same extent and in the same manner and amount provided by this\nsection for conviction of the felony or misdemeanor, as the case may be,\nfor which such youthful offender finding was substituted.\n
N.Y. PBA Law § 1206 — New York Code / Act PBA / Article 5 / Title 9 / Section 1206
Omnibus operations
Status: in_force

§ 1206. Omnibus operations. 1. The authority, as soon as practicable\nand not later than July first, nineteen hundred fifty-five, shall\nprepare a plan for the sale and transfer of omnibus facilities under its\njurisdiction to private ownership. Any such plan shall provide that the\nproceeds of such sale and transfer shall be paid to the city. No such\nplan shall apply or relate to, or have any effect upon, any facilities,\nproperty or franchises, used and usable in the operation of omnibus\nlines, acquired by condemnation under subdivision two of section twenty\nor section twenty-d of the general city law.\n  2. The authority shall have power to take such action and execute such\ninstruments as may be required of it to execute such plan or any\nmodification thereof.\n
N.Y. RSS Law § 374 — New York Code / Act RSS / Article 8 / Title 9 / Section 374
Procedure for retirement
Status: in_force

§ 374. Procedure for retirement. a. Every application for a retirement\nallowance or other benefit provided by this article shall be executed\nand filed with the comptroller. Each such application shall contain such\ninformation as the comptroller shall deem necessary.\n  b. The comptroller shall have exclusive authority to determine all\napplications for any form of retirement or benefit provided for in this\narticle. He shall examine into the facts of each such application, and\nto that end, shall have full power and authority to:\n  1. Employ experts and specialists, and\n  2. Require the attendance of the applicant and other witnesses, and\n  3. Require the production of all books, papers, documents and other\nrecords pertaining to such inquiry, and\n  4. Administer oaths and take testimony.\nThe comptroller shall have the power to issue subpoenas, under his hand,\nreturnable anywhere in the state. Any such subpoena shall be served in\nthe same manner and have the same force and effect as a subpoena issued\nin an action pending in the supreme court.\n  c. After making his determination on any application the comptroller\nforthwith shall mail a written notice thereof to the applicant. Such\nnotice shall be mailed to the address given in such application.\n  d. At any time within four months after the mailing of such notice,\nthe applicant or his counsel may serve a written demand upon the\ncomptroller for a hearing and redetermination of such application. After\nthe service of such demand, the comptroller shall hold a hearing upon\nsuch application at which the applicant may be represented by counsel.\nThe comptroller shall have the same power upon such hearing as upon the\noriginal application. After such hearing the comptroller shall make his\nfinal determination. A copy thereof shall be mailed to the applicant and\nhis counsel, if any. Such final determination shall be subject to review\nonly as provided in article seventy-eight of the civil practice law and\nrules.\n  e. To aid him in passing upon applications for retirement, the\ncomptroller shall use the medical board appointed pursuant to the\nprovisions of section seventy-four of this chapter. Such medical board\nshall:\n  1. Arrange for and pass upon all medical examinations required or\nallowed under the provisions of this article, and\n  2. Have full power and authority to investigate statements and\ncertificates submitted by or on behalf of a claimant in connection with\nany application for accidental death benefit, disability retirement or\nrestoration to service thereafter, and\n  3. Have full power and authority to administer oaths and require sworn\nstatements and testimony with respect to matters under its jurisdiction.\nThe comptroller may designate other doctors to conduct the medical\nexamination required or allowed hereunder. The medical board, in any\ncase in which it shall deem it advisable, may require any such doctor to\nconduct any such examination and to report in writing his findings\nthereon to the medical board. The medical board shall thereupon consider\nsuch report. Upon completion of its examination in investigation and\nafter the consideration of the report, if any, of any such other doctor,\nthe medical board shall submit to the comptroller a report of its\nfindings and proceedings which shall include the report, if any, of such\nother doctor. The report of the medical board shall be admissible in\nevidence upon any hearing before the comptroller or in connection with\nany examination or investigation conducted by him pursuant to this\narticle.\n  f. The comptroller, in any particular case, may designate one of his\ndeputies or any other person to perform the duties imposed upon him by\nthis section.\n  g. In connection with the proceedings authorized by this section the\ncomptroller shall not be bound by common law or statutory rules of\nevidence, or by technical or formal rules of procedure.\n
N.Y. SOS Law § 332-A — New York Code / Act SOS / Article 5 / Title 9-B / Section 332-A
Supportive services
Status: in_force

§ 332-a. Supportive services.  A social services district shall,\nsubject to the availability of federal and state funds, provide such\nsupportive services, including but not limited to transportation, work\nrelated expenses, child care for children up to age thirteen, case\nmanagement, and medical assistance in accordance with regulations of the\ndepartment, to enable an individual to participate pursuant to this\ntitle.  Social services districts may continue such services for persons\nwho lose eligibility for public assistance if funds for the activity are\nobligated or expended, or for up to ninety days if necessary or\nappropriate to assist individuals to become self-sufficient. In\naccordance with paragraph (f) of subdivision five of section one hundred\nthirty-one-a of this chapter, each district shall guarantee child care\nto each individual participating in work activities who requires child\ncare to participate in such activities, attending orientation or an\nassessment in accordance with the requirements of this title.  Case\nmanagement shall be provided for pregnant adolescents, adolescent\nparents and at-risk youth under eighteen years of age as required by\ntitle four-B of article six of this chapter. To the extent that\nresources permit, case management also shall be provided (in order of\npriority) to: persons identified in department regulations as at-risk\nyouth, persons in the target populations defined in section three\nhundred thirty of this title, persons whose employability plan indicates\na need for two or more concurrent activities and persons with limited\nEnglish proficiency.\n
N.Y. PBA Law § 1856 — New York Code / Act PBA / Article 8 / Title 9 / Section 1856
Acquisition of real property
Status: in_force

§ 1856. Acquisition of real property. 1. Upon determination by the\nauthority that any real property is necessary for its corporate\npurposes, the commissioner shall, if so requested by the authority,\nacquire the same in the name of the state by dedication, by agreement,\nby condemnation pursuant to the condemnation law, or by appropriation in\nthe manner provided by section thirty of the highway law, and payment\ntherefor shall be made by the authority from the proceeds of sale of its\nbonds, notes or other obligations, or from other available moneys\ntherefor. The authority shall hold such property in the name of the\nstate and shall have the right to possess and use for its corporate\npurposes, so long as its corporate existence shall continue, all such\nreal property and rights in real property so acquired.\n  2. At any time after this title shall become effective, the authority\nmay, by resolution, assume jurisdiction over and hold in the name of the\nstate all or any part of the real property acquired and held in the name\nof the state by the state office of atomic development. Upon the\neffective date of such resolution, the authority shall hold any such\nreal property in the name of the state and shall have the right to\npossess and use for its corporate purposes, so long as its corporate\nexistence shall continue, any such real property.\n
N.Y. ENV Law § 17-0903 — New York Code / Act ENV / Article 17 / Title 9 / Section 17-0903
Notices; service of process
Status: in_force

§ 17-0903. Notices; service of process.\n  1. Notices of all public hearings held pursuant to this title shall\nspecify the time, date and place of hearing.\n  2. Service of all processes, except subpoenas, shall be made in the\nsame manner as a summons in a civil action or by registered or certified\nmail with a return receipt requested, addressed to the individual served\nin person or in a representative capacity as hereinafter provided at his\nlast known residence, office or place of business. Such service shall be\nmade upon a municipality by serving the chief executive or counsel\nthereof, upon a sewer district, authority, commission or private\ncorporation by serving an officer thereof, or upon an unincorporated\nassociation or partnership or other company of persons, which has a\npresident or treasurer, by serving either of such officers.\n  3. Subpoenas shall be served upon the witnesses personally, together\nwith such fees therefor as may be provided by law.\n
N.Y. RSS Law § 375-F — New York Code / Act RSS / Article 8 / Title 9 / Section 375-F
Career retirement plan for state employees
Status: in_force

§ 375-f. Career retirement plan for state employees. a. (1) A member\nof the retirement system in the employ of the state who retires while in\nsuch employ on or after April first, nineteen hundred sixty-nine, and\nwho is entitled to a service retirement benefit pursuant to section\nthree hundred seventy-five-c and section three hundred seventy-five-d of\nthis chapter, and who retires with twenty-five or more years of total\nservice, shall have his retirement allowance computed as provided under\nsection three hundred seventy-five-c and section three hundred\nseventy-five-d, except that the fraction one-fiftieth shall be\nsubstituted for the fraction one-sixtieth for each of the first\ntwenty-five years of such service, and that service rendered prior to\nApril first, nineteen hundred thirty-eight shall be included in such\ncomputation.\n  (2) That portion of the pension provided pursuant to the provisions of\nthis section, which is in excess of the pension that the member would\nhave received had this section not been in effect, shall not be included\nin computing any pension reserve payable pursuant to the provisions of\nsection three hundred sixty of this chapter.\n  b. A member of the retirement system not in the employ of the state on\nApril first, nineteen hundred sixty-nine, who thereafter enters or\nreenters such employ, shall not be entitled to have his retirement\nallowance computed pursuant to the provisions of this section unless:\n  (1) Such member renders five or more years of service in the employ of\nthe state after March thirty-first, nineteen hundred sixty-nine and\nretires from such employ, or\n  (2) Immediately prior to service with the state, service was rendered\nwhile a member of a retirement system maintained by the state or a\nmunicipality thereof operating on a sound actuarial basis and subject to\nthe supervision of the department of financial services of this state in\na plan which provides service retirement benefits equal or superior to\nthose provided under this section and at the date of his retirement such\nmember would have been eligible for such benefits had he not separated\nfrom service with such employer.\n  c. A member eligible for a vested retirement allowance pursuant to the\nprovisions of section three hundred seventy-six, who separates from the\nemploy of the state on or after April first, nineteen hundred sixty-nine\nwith twenty-five or more years of total service, and who would have been\neligible to have his retirement allowance computed pursuant to the\nprovisions of this section had he at the time of separation attained age\nfifty-five, shall at the time he becomes eligible to receive the vested\nretirement allowance, be entitled to have such allowance computed in the\nmanner prescribed by this section.\n  d. In addition to the retirement allowance provided pursuant to the\nplans set forth in sections three hundred eighty-three, three hundred\neighty-three-a, three hundred eighty-three-b and three hundred\neighty-three-d of this article, a member of any such plan who retires on\nor after April first, nineteen hundred sixty-nine with more than\ntwenty-five years of total service shall be entitled to receive, in\naddition to the benefits provided pursuant to any such section and\nnotwithstanding the limitations of any such section, an additional\nretirement allowance for such years of service rendered in excess of\ntwenty-five. The additional retirement allowance for such additional\nyears of service shall be computed as if such member had been eligible\nto have his retirement allowance computed pursuant to the provisions of\nsubdivision b of section three hundred seventy-five-c and of paragraph\none of subdivision a of section three hundred seventy-five-d of this\ntitle.\n  e. The benefits hereinabove provided shall be payable unless the\nmember would otherwise be entitled to a greater benefit under other\nprovisions of this chapter, in which event the greater benefit shall be\npayable.\n  f. In the case of persons who last became members on or after July\nfirst, nineteen hundred seventy-three, the provisions of this section\nshall apply only to those retiring or separating in vested status from\nstate service prior to July first, nineteen hundred seventy-four.\n
N.Y. RSS Law § 376 — New York Code / Act RSS / Article 8 / Title 9 / Section 376
Vested retirement allowance
Status: in_force

§ 376. Vested retirement allowance. a. A member who discontinues\nservice other than by death or retirement:\n  1. who has credit for at least five years of total service, or\n  2. who has credit for at least five years of total service, including\na minimum of five years of member service during which the member\ncontributed to the system and/or participated in an\nincreased-take-home-pay or non-contributory plan, and who does not\nwithdraw his or her accumulated contributions, shall be entitled to make\napplication pursuant to section three hundred seventy of this article\nfor a vested retirement allowance to be effective on or after the first\nday of the month following his or her attainment of sixty years of age,\nor sixty-three years of age for a member who first becomes a member of\nthe New York state and local police and fire retirement system on or\nafter April first, two thousand twelve. The retirement allowance\nprovided by this section shall vest automatically upon such\ndiscontinuance of service by such member.\n  3. In the case of such a member who discontinues service other than by\ndeath or retirement after March thirty-first, nineteen hundred\nsixty-six, who had been contributing toward and/or participating in an\nincreased-take-home-pay or non-contributory plan for retirement on a\nbasis other than retirement at age sixty for five years preceding his or\nher discontinuance of service, he or she shall be entitled to make\napplication for a vested retirement allowance to be effective on or\nafter the first day of the month following his or her attainment of\nfifty-five years of age, or sixty-three years of age for a member who\nfirst becomes a member of the New York state and local police and fire\nretirement system on or after April first, two thousand twelve.\n  b. The vested retirement allowance shall be computed and paid in\naccordance with the provisions of the plan of which the member had been\na participant provided, however, that if the service fraction used to\ncompute the retirement allowance or the pension provides a benefit\ngreater than that which would have been provided had the service\nfraction one-sixtieth been used to compute the benefit, the service\nfraction one-sixtieth shall be used to compute the vested retirement\nallowance unless such plan shall specify another fraction to be used to\ncompute the vested retirement allowance. The vested retirement allowance\nshall not be paid before the member attains age fifty-five, or\nsixty-three years of age for a member who first becomes a member of the\nNew York state and local police and fire retirement system on or after\nApril first, two thousand twelve.\n  c. In the event of the death of such member prior to the effective\ndate of his retirement his accumulated contributions shall be paid to\nhis beneficiary or estate in accordance with section three hundred\nfifty-one of this article.\n  d. A member may withdraw his accumulated contributions at any time\nsubject to the limitations contained in section three hundred fifty-one\nof this article. The withdrawal of a member's accumulated contributions\nshall terminate his right to a vested retirement allowance.\n
N.Y. SOS Law § 338 — New York Code / Act SOS / Article 5 / Title 9-B / Section 338
Cooperation of state departments
Status: in_force

§ 338. Cooperation of state departments.  There shall be such\ncooperative agreements and arrangements between and among the\ndepartment, the state department of social services or its successor\nagency, the state department of education and other appropriate state\ndepartments as shall be necessary to assure compliance with federal and\nstate requirements or requirements of this title relating to employment\nprograms for applicants of and recipients of public assistance and to\nassure that the purposes of such program will be effectively\naccomplished.  The purpose of such arrangements is to promote\ninteragency planning, coordinate service delivery and identify needed\nresources for the implementation of such employment programs.\n
N.Y. ELN Law § 5-900 — New York Code / Act ELN / Article 5 / Title 9 / Section 5-900
Integrated personal voter registration application required
Status: in_force

§ 5-900. Integrated personal voter registration application required.\n1. In addition to any other method of voter registration provided for by\nthis chapter, state and local agencies designated in subdivisions\nthirteen and fourteen of this section shall provide to the state board\nof elections voter registration qualification information associated\nwith each person who submits an application for services or assistance\nat such agency, including a renewal, recertification, or reexamination\ntransaction at such agency, and each person who submits a change of\naddress or name form. For the purposes of the department of motor\nvehicles, "application for services or assistance at such agency" refers\nonly to an application for a motor vehicle driver's license, a driver's\nlicense renewal or an identification card if such card is issued by the\ndepartment of motor vehicles in its normal course of business. For\npurposes of the New York city housing authority "application for\nservices or assistance at such agency" refers only to applications that\nreach an eligibility interview and reexamination transactions. Such\ndesignated agencies shall ensure agency applications substantially\ninclude all of the elements required by section 5-210 of this article,\nincluding the appropriate attestation, so that persons completing such\napplications shall be able to also submit an application to register to\nvote through the electronic voter registration transmittal system. For\npurposes of this section, "agency" shall mean any state or local agency,\ndepartment, division, office, institution or other entity designated in\nsubdivision thirteen of this section or designated by the governor\npursuant to subdivision fourteen of this section. For purposes of this\nsection, registration shall also include pre-registration pursuant to\nsection 5-507 of this article.\n  2. For each application submitted to the agency, whether\nelectronically or on paper, the agency shall transmit to the state board\nof elections through an interface with the electronic voter registration\ntransmittal system established and maintained by the state board of\nelections that portion of the application that includes voter\nregistration information.  The state board of elections shall\nelectronically forward such application to the applicable board of\nelections of each county or the city of New York for filing, processing\nand verification consistent with this chapter.\n  3. An integrated voter registration form submitted to an agency in\npaper format shall be transmitted to the state board of elections\nthrough an electronic voter registration transmittal system by\nconverting the paper form to an image file or a portable document format\nfile which shall thereafter be deemed the original form for voter\nregistration and enrollment purposes. The agency shall retain the\ncomplete original paper application for no less than two years. The\ntransmittal of the converted paper application may include or be\naccompanied by data elements and transmittal information as required by\nthe rules and regulations of the state board of elections.\n  4. An integrated voter registration application submitted to an agency\nin an electronic format shall be transmitted to the state board of\nelections through the electronic voter registration transmittal system\nand shall include all of the voter registration data elements, including\nelectronic signature, as applicable, and record of attestation of the\naccuracy of the voter registration information and any relevant document\nimages.\n  5. Notwithstanding any other law to the contrary, no agency designated\nunder this section shall transmit to the state board of elections any\napplication for registration for a person that indicates on the\nintegrated personal voter registration application that they do not meet\none of the eligibility requirements.\n  6. The voter registration related portion of each agency's integrated\napplication for services or assistance shall:\n  (a) include a statement of the eligibility requirements for voter\nregistration and shall require the applicant to attest by the\napplicant's signature that the applicant meets those requirements under\npenalty of perjury and is applying to register or pre-register to vote\nunless such applicant declines such registration;\n  (b) inform the applicant, in print identical to that used in the\nattestation section of the following:\n  (i) voter eligibility requirements;\n  (ii) penalties for submission of a false registration application;\n  (iii) that the office where the applicant applies for registration\nshall remain confidential and the voter registration information shall\nbe used only for voter registration purposes;\n  (iv) that if the applicant applies to register to vote electronically,\nsuch applicant thereby consents to the use of an electronic copy of the\nindividual's manual signature that is in the custody of the department\nof motor vehicles, the state board of elections, or other agency\ndesignated by this section, as the individual's voter registration\nexemplar signature if the individual voter's exemplar signature is not\nprovided with the voter registration application;\n  (v) if the applicant signs the application and does not check the box\ndeclining to register to vote, such applicant thereby consents to the\nuse of any information required to complete the voter registration\napplication;\n  (vi) if the applicant declines to register, such applicant's\ndeclination shall remain confidential and be used only for voter\nregistration purposes; and\n  (vii) that applying to register or declining to register to vote will\nnot affect the amount of assistance that the applicant will be provided\nby this agency;\n  (c) include a box for the applicant to check to indicate whether the\napplicant would like to decline to register to vote along with the\nfollowing statement in prominent type, "IF YOU DO NOT CHECK THIS BOX,\nAND YOU PROVIDE YOUR SIGNATURE ON THE SPACE BELOW, YOU WILL HAVE APPLIED\nTO REGISTER OR PRE-REGISTER TO VOTE, AND YOU WILL HAVE ATTESTED TO YOUR\nELIGIBILITY TO REGISTER OR PRE-REGISTER TO VOTE."\n  (d) include the following warning statement in prominent type, "IF YOU\nARE NOT A CITIZEN OF THE UNITED STATES, YOU MUST CHECK THE BOX BELOW.\nNON-CITIZENS WHO REGISTER OR PRE-REGISTER TO VOTE MAY BE SUBJECT TO\nCRIMINAL PENALTIES AND SUCH VOTER REGISTRATION OR PRE-REGISTRATION MAY\nRESULT IN DEPORTATION OR REMOVAL, EXCLUSION FROM ADMISSION TO THE UNITED\nSTATES, OR DENIAL OF NATURALIZATION.";\n  (e) include a space for the applicant to indicate the applicant's\nchoice of party enrollment, with a clear alternative provided for the\napplicant to decline to affiliate with any party and the following\nstatement in prominent type " ONLY ENROLLED MEMBERS OF A POLITICAL PARTY\nMAY VOTE IN THAT PARTY'S PRIMARIES".\n  (f) include a statement that if an applicant is a victim of domestic\nviolence or stalking, the applicant may contact the state board of\nelections before or after registering or pre-registering to vote in\norder to receive information regarding the address confidentiality\nprogram for victims of domestic violence under section 5-508 of this\narticle.\n  7. Information from the voter relevant to both voter registration and\nthe agency application shall be entered by the voter only once upon an\nelectronic application.\n  8. The agency shall redact or remove from the completed integrated\napplication to be transmitted to the state board of elections any\ninformation solely applicable to the agency application.\n  9. Information concerning the citizenship status of individuals, when\ncollected and transmitted pursuant to subdivision one of this section,\nshall not be retained, used or shared for any other purpose except as\nmay be required by law.\n  10. A voter shall be able to decline to register to vote using an\nintegrated application by selecting a single check box, or equivalent,\nwhich shall include the following statement: "I DECLINE USE OF THIS FORM\nFOR VOTER REGISTRATION AND PRE-REGISTRATION PURPOSES. DO NOT FORWARD MY\nINFORMATION TO THE BOARD OF ELECTIONS."\n  11. The voter shall be able to sign the voter registration application\nand the agency application by means of a single manual or electronic\nsignature unless the agency requires more than one signature for other\nagency purposes.\n  12. No application for voter registration shall be submitted if the\napplicant declines registration or fails to sign the integrated\napplication, whether on paper or online.\n  13. Beginning January first, two thousand twenty-three, designated\nagencies for purposes of this section shall include the department of\nmotor vehicles. Beginning January first, two thousand twenty-four,\ndesignated agencies for the purposes of this section shall also include\nthe department of health, the office of temporary and disability\nassistance, the department of labor, the office of adult career and\ncontinuing education services - vocational rehabilitation, county and\ncity departments of social services, and the New York city housing\nauthority, as well as any other agency designated by the governor.\nBeginning January first, two thousand twenty-five, designated agencies\nfor the purposes of this section shall also include the state university\nof New York. Each designated agency shall enter into an agreement with\nthe state board of elections finalizing the format and content of\nelectronic transmissions required by this section. The state board of\nelections shall prepare and distribute to designated agencies written\ninstructions as to the implementation of the program and shall be\nresponsible for establishing training programs for employees of\ndesignated agencies listed in this section. Such instructions and such\ntraining shall ensure usability of the integrated application for low\nEnglish proficiency voters. Any such designated agency shall take all\nactions that are necessary and proper for the implementation of this\nsection, including facilitating technological capabilities to allow\ntransmission of data through an interface with the electronic voter\nregistration transmittal system in a secure manner.\n  14. Every other year, the governor shall conduct a review of each\nparticipating agency under section 5-211 of this article not already\ndesignated as an automatic voter registration agency pursuant to this\nsubdivision in order to determine whether designation is appropriate.\nThe governor shall designate each participating agency that collects\ninformation or documents that would provide proof of eligibility to vote\nunless the governor determines that there are compelling reasons why\nautomatic voter registration is not feasible at the agency. If the\ngovernor should determine that there are compelling reasons why\nautomatic voter registration is not feasible at an agency, the governor\nshall prepare a report explaining those reasons to the legislature by\nthe end of the calendar year in which that determination is made. Any\nagency designated by the governor pursuant to this subdivision shall\nprovide automatic voter registration upon the earlier occurrence of: (a)\ntwo years after designation by the governor, or (b) five days after the\ndate of certification by the state board of elections that the\ninformation technology infrastructure to substantially implement the\nprovisions of this section at the agency is functional.\n  15. The state board of elections shall promulgate rules and\nregulations for the creation and administration of an integrated\nelectronic voter registration process as provided for by this section.\n  16. Each participating agency shall provide an opportunity through\nrulemaking for public notice and comment regarding the plans for\nimplementation in the agency. Such opportunity must be provided\nsufficiently in advance of implementation to allow for adjustment of\nagency plans to take public comment into account. Agency plans for\nimplementation shall provide for sufficient testing of the process in\nthe agency prior to implementation in order to ensure the technology is\nfunctioning properly, the process is usable and understandable for\napplicants and agency employees, and reasonable precautions have been\nput in place to minimize error or the possibility of discouraging\napplications for services, assistance, or registration.\n
N.Y. SOS Law § 451 — New York Code / Act SOS / Article 6 / Title 9 / Section 451
Definitions
Status: in_force

§ 451. Definitions. As used in this title:\n  1. "Child" shall mean a person under the age of twenty-one years whose\nguardianship and custody have been committed to a social services\nofficial or a voluntary authorized agency, or whose guardianship and\ncustody have been committed to a certified or approved foster parent\npursuant to a court order prior to such person's eighteenth birthday,\nexcept as provided in paragraph (g) of subdivision three of section\nthree hundred eighty-four-b of this article and section six hundred\nthirty-one of the family court act. A "child" shall also mean a person\nunder the age of twenty-one years whose care and custody have been\ntransferred prior to such person's eighteenth birthday to a social\nservices official or a voluntary authorized agency pursuant to section\none thousand fifty-five of the family court act or section three hundred\neighty-four-a of this article, whose parents are deceased or where one\nparent is deceased and the other parent is not a person entitled to\nnotice pursuant to section one hundred eleven-a of the domestic\nrelations law, and where such official or agency consents to the\nadoption of such person in accordance with section one hundred thirteen\nof the domestic relations law.\n  2. "Handicapped child" shall mean a child who possesses a specific\nphysical, mental or emotional condition or disability of such severity\nor kind which, in accordance with regulations of the department, would\nconstitute a significant obstacle to the child's adoption.\n  3. "Hard to place child" shall mean a child, other than a handicapped\nchild, (a) who has not been placed for adoption within six months from\nthe date his guardianship and custody were committed to the social\nservices official or a voluntary authorized agency, or (b) who has not\nbeen placed for adoption within six months from the date a previous\nadoption placement terminated and the child was returned to the care of\nthe social services official or a voluntary authorized agency, or (c)\nwho possesses or presents any personal or familial attribute, condition,\nproblem or characteristic which, in accordance with regulations of the\ndepartment, would be an obstacle to the child's adoption,\nnotwithstanding the child has been in the guardianship and custody of\nthe social services official or a voluntary authorized agency for less\nthan six months.\n  4. (a) "Board rate" shall mean an amount equal to the monthly payment\nwhich has been or would have been made by a social services official, in\naccordance with section three hundred ninety-eight-a and other\nprovisions of this chapter, for the care and maintenance of the child,\nif such child had been boarded out in a foster family boarding home.\nSuch rate shall reflect annual increases in room and board rates and\nclothing replacement allowances.\n  (b) When a child is placed for adoption by a social services official\nor a voluntary authorized agency with adoptive parents residing in\nanother social services district, the "board rate" shall mean the board\nrate of the social services district placing the child for adoption or\nthe social services district in which the adoptive parents reside.\n  5. "Persons" shall include a single person eligible to adopt a child\nas well as a couple eligible therefor.\n  6. "Voluntary authorized agency" shall mean an authorized agency as\ndefined in paragraphs (a) and (c) of subdivision ten of section three\nhundred seventy-one of this article.\n  7. "Social services official" shall mean a county commissioner of\nsocial services, a city commissioner of social services, or an Indian\ntribe with which the department has entered into an agreement to provide\nadoption services in accordance with subdivision two of section\nthirty-nine of this chapter.\n
N.Y. RSS Law § 89-U — New York Code / Act RSS / Article 2 / Title 9 / Section 89-U
Retirement of county sheriffs, undersheriffs, deputy sheriffs, state and county correction officers; portability of service credit betwee...
Status: in_force

§ 89-u. Retirement of county sheriffs, undersheriffs, deputy sheriffs,\nstate and county correction officers; portability of service credit\nbetween the state and county special twenty-five year retirement plans.\nFor the purpose of any of the twenty-five year retirement plans for\nstate and county correction officers, sheriffs, deputy sheriffs, and/or\nundersheriffs provided pursuant to this chapter, service which has been\ncredited under such a plan for the state and any county shall be\ncreditable under any other such twenty-five year plan provided by the\nstate and any other county.\n
N.Y. PBA Law § 359 — New York Code / Act PBA / Article 2 / Title 9 / Section 359
Construction, reconstruction and improvement
Status: in_force

§ 359. Construction, reconstruction and improvement. 1. On assuming\njurisdiction of a thruway section or connection or any part thereof, or\nof a highway connection, the authority shall proceed with the\nconstruction, reconstruction or improvement thereof. All such work shall\nbe done pursuant to a contract or contracts which shall be let to the\nlowest responsible bidder, by sealed proposals publicly opened, after\npublic advertisement and upon such terms and conditions as the authority\nshall require; provided, however, that the authority may reject any and\nall proposals and may advertise for new proposals, as herein provided,\nif in its opinion, the best interests of the authority will thereby be\npromoted; provided further, however, that at the request of the\nauthority, all or any portion of such work, together with any\nengineering required by the authority in connection therewith, shall be\nperformed by the commissioner and his subordinates in the department of\ntransportation as agents for, and at the expense of, the authority. A\nsealed proposal may be accepted through an electronic platform\nestablished or used by the authority, provided that any sealed proposal\nreceived electronically shall be made public at the same time as any\ncompeting paper proposal, and provided further that the authority shall,\nat minimum, provide the same opportunity and time for submitting sealed\nproposals physically as for sealed proposals submitted electronically,\nand shall provide the opportunity for bidders to submit sealed proposals\nphysically any time that it provides the opportunity to submit sealed\nelectronic proposals. In addition, the authority shall establish a\nprocess for accommodating force majeure events that prevent the\nsubmission of a sealed electronic proposal, including but not limited to\ninternet and power outage events, and for automatically confirming\nreceipt of any sealed electronic proposal received. All bidders shall be\nnotified of the time and place of any such adjournment or rejection.\n  2. All construction, reconstruction and improvements and any\nengineering work required in connection therewith which are performed on\nbehalf of the authority by the commissioner shall be carried on,\ngenerally, in the same manner and subject to the same provisions of law\nas apply to the construction and improvement of state highways.\n  3. Highway and railroad grade crossings shall in general be separated\nby structures to be determined by the authority, and the authority is\nhereby authorized to combine or relocate intersecting highways, to\nadjust traffic to such grade separation structures, except that the\ngrade crossing elimination structures involved in public service\ncommission cases number fifty-four hundred seventy-two and nine thousand\nfifty-eight shall remain under the jurisdiction of such commission. The\ncost of all such structures, except such part as is otherwise payable,\nshall be borne by the authority. Telephone and telegraph wires, power\ntransmission and gas, oil and water lines, conduits, cables of every\nkind and nature, which may be affected by thruway construction,\nreconstruction or improvement, may, in the discretion of the authority,\nbe relocated in suitable facilities and the expense of such relocation\nand of installing such facilities shall be borne by the authority. The\nwork of such relocation may be done by the owner of such wires, lines,\nconduits and cables, and the authority is hereby empowered to enter into\nan agreement with such owner for the performance of all or any part of\nthe work of such relocations at the expense of the authority.\n  4. In the case of a separation of a grade crossing pursuant to the\npreceding subdivision, the structure shall be maintained and repaired by\nthe authority. Whenever the authority determines that a separation\nstructure carrying a highway under the jurisdiction of a municipality\nrequires major repair or reconstruction, the authority, with the\napproval of the commissioner of transportation and after consultation\nwith such municipality, may close the bridge and provide adequate\nalternative detour routing and signing. In the case of municipal\nhighways, the responsibility for rehabilitation and reconstruction of\nthe wearing surface, sidewalks, curbs and railings shall be the\nresponsibility of the authority. Highways combined, relocated or carried\nover or under a thruway section or connection, or a highway connection,\nunder the provisions of the preceding subdivision, shall, upon\ncompletion of the work, revert to and become the responsibility, with\nregard to maintenance and repair, of the state or municipality, as the\ncase may be, formerly having jurisdiction there over.\n
N.Y. SOS Law § 336-F — New York Code / Act SOS / Article 5 / Title 9-B / Section 336-F
Subsidized private sector and not-for-profit employment programs
Status: in_force

§ 336-f. Subsidized private sector and not-for-profit employment\nprograms. 1. A social services district may establish subsidized private\nsector employment programs for public assistance recipients including,\nbut not limited to, grant diversion programs, which may be supported\nwholly or in part with public assistance funds. Such programs shall be\nestablished through agreements between local districts and employers,\nincluding not for profit employers; provided, however, that, if\nappropriate, the department may act on behalf of one or more local\ndistricts in establishing such agreements.\n  2. Programs may include, but need not be limited to, on-the-job\ntraining programs which reimburse employers for the cost of training\npublic assistance recipients through wage subsidies.\n  3. The social services official or the department is authorized to\ntransfer public assistance funds to employers through written agreements\ndeveloped and executed in accordance with department regulations.\n  4. A recipient may be placed in a subsidized private sector or\nnot-for-profit employment activity only if:\n  (a) the conditions of employment including such factors as the type of\nwork to be performed, the geographic location of the job, and the\nqualifications of the participant are appropriate and reasonable.\n  (b) the recipient is deemed an employee for purposes of the applicable\ncollective bargaining and labor laws and receives the same benefits and\nprotections as an employee similarly situated (working a similar length\nof time and doing similar work) receives pursuant to the provisions of\nlaw, an applicable collective bargaining agreement or otherwise as made\navailable to the employees of the employer.\n  (c) no employee of the participating employer is displaced by any\nrecipient hired pursuant to this section. For the purpose of this\nsubdivision, the term displacement shall include partial displacement,\nsuch as a reduction in the customary hours of work (including overtime),\nwages, or employment benefits.\n  (d) no participant shall be hired:\n  (i) if any other employee of the employer is available for\nreinstatement, recall or reemployment following a leave of absence,\nfurlough, layoff or suspension from the same or any substantially\nequivalent job; or\n  (ii) when the employer has terminated the employment of any regular\nemployee or otherwise reduced its work force with the intention of\nfilling the vacancy or vacancies so created by hiring a participant\nwhose wages are subsidized under this program; or\n  (iii) when the employee organization representing employees of the\nemployer is engaged in a strike against the employer or such employees\nhave been locked-out by the employer; or\n  (iv) when such hiring will result in the loss of a bargaining unit\nposition as a result of work experience participants performing, in part\nor in whole, the work normally performed by the employee in such\nposition.\n  (e) no job is created that will infringe in any way upon the\npromotional opportunities of current employees or individuals currently\nengaged in an approved apprenticeship training program.\n  (f) no participant shall remain in a job if another employee is\neligible for promotion to that job. An employer shall, at least ten days\nprior to filling a position with a participant, notify any employee\norganization that represents employees who are engaged in similar work\nor training in the same or substantially equivalent jobs as those in\nwhich the placement is to be made, that it intends to make a placement\npursuant to the terms of this section.\n  (g) where an employee organization represents employees who are\nengaged in similar work in the same or substantially equivalent jobs as\nthose proposed to be funded under this program, an opportunity is\nprovided for such organization to comment on the proposed placement of a\nparticipant or the administration of the program and the social services\nofficial or his or her designee shall respond to such comments within\nten days of receipt thereof.\n  (h) employers are prohibited from using public assistance funds to\nencourage or discourage membership in, or participation in the\nactivities of, any employee organization and each employer provides to\nthe social services district assurances that no such funds will be used\nfor such purposes.\n  5. The social services district shall require every private or\nnot-for-profit employer that intends to hire one or more work activity\nparticipants to certify to the district whether such employer has, in\nthe past five years, been convicted of a felony or a misdemeanor the\nunderlying basis of which involved workplace safety and health or labor\nstandards. Such employer shall also certify as to all violations issued\nby the department of labor within the past five years. The social\nservices official in the district in which the participant is placed\nshall determine whether there is a pattern of convictions or violations\nsufficient to render the potential employer ineligible. Employers who\nsubmit false information under this section shall be subject to criminal\nprosecution for filing a false instrument.\n
N.Y. VAT Law § 1809-A — New York Code / Act VAT / Title 9 / Article 45 / Section 1809-A
Mandatory surcharge required in certain cities for parking, stopping and standing violations
Status: in_force

* § 1809-a. Mandatory surcharge required in certain cities for\nparking, stopping and standing violations.  1. The provisions of any\nother general or special law notwithstanding, whenever, in a city having\na population of one hundred thousand or more according to the nineteen\nhundred eighty United States census, proceedings in an administrative\ntribunal or a court result in a finding of liability, or conviction for\nthe violation of any statute, local law, ordinance or rule involving the\nparking, stopping or standing of a motor vehicle, except an adjudication\nof liability of an owner for a violation of bus operation-related\ntraffic regulations as defined by article twenty-four of this chapter\nimposed pursuant to a demonstration program imposing monetary liability\non the owner of a vehicle for failure of an operator thereof to comply\nwith such bus operation-related traffic regulations through the\ninstallation and operation of bus operation-related photo devices, in\naccordance with article twenty-four of this chapter, there shall be\nlevied a mandatory surcharge in addition to any other sentence, fine or\npenalty otherwise permitted or required, in the amount of fifteen\ndollars. Such surcharge shall not be deemed a monetary penalty for the\npurposes of section two hundred thirty-seven of this chapter or section\n19-203 of the administrative code of the city of New York.\n  2. The mandatory surcharge provided for in subdivision one of this\nsection shall be paid to the clerk of the court or administrative\ntribunal that made the determination of liability. (a) Except as\nprovided in paragraph (b) of this subdivision within the first ten days\nof the month next succeeding the collection of such surcharge, the\ncollecting authority shall pay seven dollars and fifty cents of each\nsurcharge to the justice court fund held by the state comptroller\npursuant to section ninety-nine-a of the state finance law which monies\nshall then be deposited to the credit of the general fund. Each such\npayment shall be accompanied by a true and complete report in such form\nand detail as the comptroller shall prescribe. The remaining amount of\nthe surcharge shall be paid to the chief fiscal officer of the\nmunicipality and used by the municipality from which it originated for\nits local criminal justice programs and purposes.\n  (b) Within the first ten days of the month next succeeding the\ncollection of such surcharge, the collecting authority in cities having\na population of one hundred thousand or more but less than one million\nshall pay such surcharge to the chief fiscal officer of the municipality\nand such surcharge shall be used by the municipality from which it\noriginated for its local criminal justice programs and purposes.\n  3. Any person who has paid a mandatory surcharge under the authority\nof this section which is ultimately determined not to be required by\nthis section shall be entitled to a refund of such mandatory surcharge\nupon written application to the collecting authority. The collecting\nauthority shall require such proof as is necessary in order to determine\nwhether a refund is required by law. If the collecting authority shall\nrefund any portion of the surcharge previously paid to the justice court\nfund pursuant to subdivision two of this section, the collecting\nauthority may offset an equal amount from a subsequent remittance to the\njustice court fund, provided, however, that the collecting authority\nshall prepare such reports and provide such information with respect to\nsuch refunds as the comptroller shall direct, and provided, further,\nthat the comptroller, upon review of such reports and information, may\ndirect that any appropriate adjustments be made in future payments to\nthe justice court fund pursuant to subdivision two of this section.\n  4. Notwithstanding any other provision of this section, where a\nmandatory surcharge is imposed pursuant to the provisions of section\n60.35 of the penal law or section eighteen hundred nine or eighteen\nhundred nine-b of this article, no mandatory surcharge shall be imposed\npursuant to the provisions of this section.\n  * NB Repealed September 1, 2027\n
N.Y. PBA Law § 1214 — New York Code / Act PBA / Article 5 / Title 9 / Section 1214
Rapid transit law
Status: in_force

§ 1214. Rapid transit law. During any period when the transfer, or any\nrenewal thereof, authorized by section eighteen hundred three of this\ntitle shall be in effect: 1. Articles five and eight and sections ten,\neleven, twelve, thirteen, fourteen, fifteen, seventeen, thirty,\nthirty-two, thirty-six, thirty-six-a, thirty-seven, and thirty-eight of\nthe rapid transit law shall be suspended.\n  2. Articles one, three, six, seven and nine and sections sixteen,\nsixteen-a, thirty-one, thirty-three, thirty-four and thirty-five of the\nrapid transit law shall continue in force and effect and the authority\nshall have and exercise all the functions, powers and duties heretofore\nexercised by the board of transportation, or any members or officers\nthereof, under such articles and sections, provided, however, that where\nthe provisions of this title shall be inconsistent with any of the\nprovisions of such articles or sections of such law, the provisions of\nthis title shall govern and control.\n
N.Y. RSS Law § 89-Y — New York Code / Act RSS / Article 2 / Title 9 / Section 89-Y
Twenty-five year retirement plan for firefighters employed by the division of military and naval affairs
Status: in_force

§ 89-y. Twenty-five year retirement plan for firefighters employed by\nthe division of military and naval affairs. a. A member who serves as an\nairport firefighter apprentice, airport firefighter I, airport\nfirefighter II, airport firefighter III, or training and safety officer\nand is employed by the division of military and naval affairs shall be\neligible to retire pursuant to the provisions of this section. Such\neligibility shall be an alternative to the eligibility provisions\navailable under any other plan of this article to which such member is\nsubject.\n  b. Such member shall be entitled to retire upon the completion of\ntwenty-five years of total creditable service by filing an application\ntherefor in the manner provided for in section seventy of this article.\n  c. Upon completion of twenty-five years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of their\naccumulated contributions at the time of their retirement and an\nadditional pension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which they may then be entitled\nshall be sufficient to provide them with a retirement allowance equal to\none-half of their final average salary.\n  d. As used in this section, "creditable service" shall include any and\nall services performed as a firefighter apprentice, airport firefighter\nI, airport firefighter II, airport firefighter III, or training and\nsafety officer employed by the division of military and naval affairs.\n  e. Credit for service as a paid firefighter or officer of any\norganized fire department shall also be deemed to be creditable service\nand shall be included in computing years of total service for retirement\npursuant to this section.\n  f. A member contributing on the basis of this section at the time of\nretirement, may retire after the completion of twenty-five years of\ntotal creditable service. Application therefor may be filed in a manner\nsimilar to that provided in section seventy of this article. Upon\ncompletion of twenty-five years of such service and upon retirement,\neach such member shall receive a pension which, together with an annuity\nwhich shall be the actuarial equivalent of their accumulated\ncontributions at the time of their retirement and an additional pension\nwhich is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which they may then be entitled\nshall be sufficient to provide them with a retirement allowance equal to\none-half of their final average salary; for service beyond twenty-five\nyears and for non-firefighter service the benefit is increased by\none-sixtieth of final average salary for each year of additional service\ncredit.\n  g. In computing the twenty-five years of total service of a member\npursuant to this section full credit shall be given and full allowance\nshall be made for service of such member in time of war after World War\nI as defined in section two of this article, provided such member at the\ntime of their entrance into the armed forces was in the service of the\nstate.\n  h. Nothing in this section shall be construed to prevent a member, who\ndoes not retire pursuant to the provisions of this section, from\nutilizing service which is creditable service pursuant to the provisions\nof this section for service credit pursuant to the provisions of any\nother plan of this article to which such member is subject.\n  i. The provisions of this section shall be controlling notwithstanding\nany other provision in this article to the contrary.\n  j. Any member who, on or before the effective date of this section, is\na firefighter apprentice, airport firefighter I, airport firefighter II,\nairport firefighter III, or training and safety officer employed by the\ndivision of military and naval affairs may, by filing an election within\none year after the effective date of this section, elect to be subject\nto the provisions of this section. Such election shall be in writing,\nshall be duly executed and filed with the comptroller and shall be\nirrevocable.\n
N.Y. LFN Law § 124.10 — New York Code / Act LFN / Article 2 / Title 9 / Section 124.10
Exclusion of certain indebtedness for sewage facilities in ascertaining the power of a municipality to contract indebtedness
Status: in_force

§ 124.10 Exclusion of certain indebtedness for sewage facilities in\nascertaining the power of a municipality to contract indebtedness. * a.\nIn ascertaining the power of a municipality to contract indebtedness,\nthere may be excluded any outstanding indebtedness contracted by such\nmunicipality on or after January first, nineteen hundred sixty-two, and\nprior to January first, two thousand twenty-four, for the construction\nor reconstruction of facilities for the conveyance, treatment and\ndisposal of sewage.\n  * NB Effective until the effective date of constitutional amendments\nproposed in S.4597/A.3776\n  * a. In ascertaining the power of a municipality to contract\nindebtedness, there may be excluded any outstanding indebtedness\ncontracted by such municipality on or after January first, nineteen\nhundred sixty-two, and prior to January first, two thousand thirty-four,\nfor the construction or reconstruction of facilities for the conveyance,\ntreatment and disposal of sewage.\n  * NB Effective upon the effective date of constitutional amendments\nproposed in S.4597/A.3776\n  b. The date of contracting any such indebtedness for a particular\nfacility shall be deemed to be the date of the first contract for the\nconstruction or reconstruction of such facility or the date of the first\nobligation issued to finance such construction or reconstruction,\nwhichever date is the earlier.\n  * c. The term indebtedness, as used in this section, shall include\nindebtedness evidenced by obligations issued on or after January first,\ntwo thousand twenty-four for the purpose of financing any indebtedness\ncontracted for the purposes and within the period specified in paragraph\na of this section.\n  * NB Effective until the effective date of constitutional amendments\nproposed in S.4597/A.3776\n  * c. The term indebtedness, as used in this section, shall include\nindebtedness evidenced by obligations issued on or after January first,\ntwo thousand thirty-four for the purpose of financing any indebtedness\ncontracted for the purposes and within the period specified in paragraph\na of this section.\n  * NB Effective upon the effective date of constitutional amendments\nproposed in S.4597/A.3776\n  d. The provisions of this section shall not be deemed to prevent the\nexclusion of any refunded indebtedness if the indebtedness refunded was\nexcludable pursuant to this section.\n  e. Where indebtedness has been excluded pursuant to this section, the\nrevenues, if any, of the facility constructed or reconstructed, during\nthe period for which the exclusion is effective, shall be applied to and\nactually used for the payment of all costs of operation, maintenance and\nrepairs for such period, and payment of the amounts required in such\nperiod for the interest on and amortization of or redemption of the\nindebtedness excluded, or such revenues shall be deposited in a special\nfund to be used solely for such payments. The application and use of\nsuch payments or the deposits required therefor shall not prohibit a\nmunicipality from using any such revenues, in excess of such payments or\ndeposits, for any lawful purpose of the municipality for which such\nrevenues may be used.\n  f. The chief fiscal officer of a municipality in his discretion may\nprepare, or on the direction of the finance board shall prepare, a\nverified itemized statement of outstanding or proposed indebtedness of\nthe municipality contracted or to be contracted for the purposes and\nwithin the period specified in paragraph a of this section. Such chief\nfiscal officer in his discretion may file, or on the direction of the\nfinance board shall file, with the state comptroller a verified\napplication on behalf of the municipality for the purpose of obtaining a\ncertification of the several amounts of such indebtedness to be excluded\npursuant to this section. Such itemized statement shall be attached to\nand form a part of the application. The itemized statement and\napplication shall be in such form and contain such information as shall\nbe prescribed by the state comptroller. In the case of application for a\ncertification of amounts of proposed indebtedness to be excluded, the\napplication shall state the approximate date or dates when such\nindebtedness, or portions thereof, are proposed to be contracted and\nwhether such indebtedness is to be in the form of a contract for\nconstruction or in the form of obligations, or in both such forms.\n  g. Within fifteen days after filing of such application with the state\ncomptroller, the chief fiscal officer shall cause a notice to be\npublished that such application has been filed with the state\ncomptroller. Such notice shall be published in the official newspaper or\nnewspapers of the municipality, or if there be no such newspaper or\nnewspapers, then the finance board of the municipality shall designate\none or more newspapers having a general circulation in the municipality\nfor the publication of such notice. The notice also shall contain a\nstatement of the amount of outstanding indebtedness, if any, to be\nexcluded and a statement of the amount of proposed indebtedness, if any,\nto be excluded if and when contracted. Proof of publication of such\nnotice shall be filed in the office of the state comptroller. A copy of\nthe itemized statement and application and of all financial statements,\ndocuments, computations and other data and information which will be\nsubmitted by the chief fiscal officer of the municipality to the state\ncomptroller in support of such application shall be filed in the office\nof the chief fiscal officer and shall be public records.\n  h. After the filing of any such application, the state comptroller\nshall review the facts set forth therein. The state comptroller shall\nhave the power to examine the accounts and records of the municipality\nwith respect to such application. He may also require the chief fiscal\nofficer and other public officers, boards and agencies of the\nmunicipality to furnish such additional data and information in their\npossession as he deems necessary to enable him to ascertain the\nindebtedness which may be excluded pursuant to paragraph a of this\nsection.\n  i. The state comptroller shall issue a written certificate setting\nforth the amounts of any such indebtedness which may be excluded. If the\nindebtedness described in the certificate is, or is to be, in the form\nof (1) a contract for construction which is to be financed later by\nissuance of obligations pursuant to this chapter or pursuant to any\nspecial law or (2) bond anticipation notes issued in anticipation of\nbonds to be issued pursuant to this chapter or pursuant to any special\nlaw, such certification also shall be applicable to such obligations or\nbonds, as the case may be, when issued. If the state comptroller\ndetermines that the indebtedness described in the application, or any\npart thereof, does not constitute indebtedness described in paragraph a\nof this section the reasons for such determination shall be given. The\ncertification of the state comptroller shall be conclusive. The\ncertificate of the state comptroller shall not be issued until ten days\nafter the filing of such proof of publication in the office of the state\ncomptroller and shall be issued within forty-five days after such\nfiling. The certificate of the state comptroller shall be effective so\nlong as and to the extent that any such indebtedness described therein\nis outstanding, or until such certificate is amended, modified,\nsuperseded or rescinded by a written certificate of the state\ncomptroller issued upon application of the municipality in the manner\nprovided in paragraph f of this section. The certificate of the state\ncomptroller shall be executed under his hand and seal in duplicate. One\nof such certificates shall be filed in the department of audit and\ncontrol and the other in the office of the chief fiscal officer of the\nmunicipality.\n  j. The provisions of this section shall not affect or impair any\nexisting exclusions of indebtedness, or the power to exclude\nindebtedness granted by any other provision of this chapter or the\nconstitution. However, if any exclusion has been granted by the state\ncomptroller pursuant to section 123.00 of this chapter for any\nindebtedness for which an exclusion has been granted pursuant to this\nsection, the exclusion of such indebtedness granted pursuant to section\n123.00 of this chapter shall cease to be applicable.\n
N.Y. ENV Law § 51-0903 — New York Code / Act ENV / Article 51 / Title 9 / Section 51-0903
Definitions
Status: in_force

§ 51-0903. Definitions.\n  As used in this title, the following terms shall mean and include:\n  1. "Solid Waste." All materials or substances discarded or rejected as\nbeing spent, useless, worthless or in excess to the owners at the time\nof such discard or rejection, including but not limited to garbage,\nrefuse, industrial and commercial waste, sludges from air or water\npollution control facilities or water supply treatment facilities,\nrubbish, ashes, contained gaseous materials, incinerator residue,\ndemolition and construction debris and offal but not including sewage\nand other highly diluted water carried materials or substances and those\nin gaseous form.\n  2. "Solid Waste Recovery and Management Project." Resource recovery\nequipment, source separation equipment, disposal equipment or any\ncombination thereof required by a solid waste recovery and management\nsystem.\n  3. "Solid Waste Recovery and Management System." A municipal program\nto provide environmentally sound recovery or disposal of collected solid\nwaste through facilities planned, designed, assembled and constructed to\nassure environmental protection and to maximize the potential for\nresource recovery.\n  4. "Resource Recovery Equipment." Structures, machinery, or devices,\nsingly or in combination, designed, constructed and required to\nseparate, process, modify, convert, treat, or prepare collected solid\nwaste so that component materials or substances or recoverable resources\nmay be used as a raw material or for their productive purposes.\n  5. "Disposal Equipment." Structures, machinery or devices at a\ndisposal site necessary to efficient and environmentally-sound land\ndisposal of solid wastes, including but not limited to machinery or\ndevices designed to move earth during burial of wastes or to increase\nthe density of wastes buried or to be buried. "Disposal Equipment" shall\nalso mean facilities, except vehicles, in which collected solid waste is\ntemporarily stored and concentrated prior to transport to a disposal\nsite.\n  6. "Municipality." A city, county, town, village, public benefit\ncorporation having power granted otherwise than under this article to\nconstruct, operate and maintain solid waste management projects, or an\nimprovement district within a city, county, town or village, or any\ncombination thereof.\n  7. "Cost." The cost of resource recovery equipment, source separation\nequipment or disposal equipment including interest prior to and during\nconstruction, engineering and architectural surveys, plans and\nspecifications, and consultants and legal services and other direct\nexpenses incident to a solid waste management project, exclusive of land\nacquisition, and expenses incident thereto, less any federal assistance\nreceived or to be received.\n  8. "Source separation equipment" shall mean:\n  (a) Add-ons or trailers designed to modify collection vehicles to\nallow sorting and separation of collected wastes held for the purpose of\nrecycling or collection vehicles whose function and design are\nexclusively for such purpose;\n  (b) Containers for the source separation and temporary storage of\nrecyclable wastes by residents or business prior to collection;\n  (c) Bins, sheds or other facilities for the temporary storage of\nmaterials prior to transport for the purposes of recycling.\n
N.Y. ENV Law § 58-0903 — New York Code / Act ENV / Article 58 / Title 9 / Section 58-0903
Programs, plans and projects
Status: in_force

§ 58-0903. Programs, plans and projects.\n  1. Eligible water quality improvement project costs include, but are\nnot limited to:\n  a. costs associated with grants to municipalities for projects that\nreduce or control storm water runoff, using green infrastructure where\npracticable;\n  b. costs associated with projects that reduce agricultural nutrient\nrunoff and promote soil health such as projects which implement\ncomprehensive nutrient management plans, other agricultural nutrient\nmanagement projects, and non-point source abatement and control programs\nincluding projects developed pursuant to sections eleven-a and eleven-b\nof the soil and water conservation districts;\n  c. costs associated with projects that address harmful algal blooms\nsuch as abatement projects and projects focused on addressing nutrient\nreduction in freshwater and marine waters, wastewater infrastructure\nsystems that treat nitrogen and phosphorus, and lake treatment systems;\n  d. costs associated with wastewater infrastructure projects including\nbut not limited to extending or establishing sewer lines to replace\nfailing septic systems or cesspools and projects as provided by section\ntwelve hundred eighty-five-u of the public authorities law;\n  e. costs associated with projects to reduce, avoid or eliminate point\nand non-point source discharges to water including projects authorized\nby the New York state water improvement infrastructure act of 2017 and\nsection twelve hundred eighty-five-s of the public authorities law;\n  f. costs associated with the establishment of riparian buffers to\nprovide distance between farm fields and streams or abate erosion during\nhigh flow events; and\n  g. costs associated with lead service line replacement pursuant to\nsection eleven hundred fourteen of the public health law.\n  2. The department and the New York state environmental facilities\ncorporation are authorized to provide state assistance payments or\ngrants to municipalities for projects authorized pursuant to paragraphs\na, b, and d of subdivision one of this section.\n  3. The department of agriculture and markets shall be authorized to\nmake state assistance payments to soil and water conservation districts\nfor the cost of implementing agricultural environmental management\nplans, including purchase of equipment for measuring and monitoring soil\nhealth and soil conditions.\n  4. The department is authorized to make grants available to\nnot-for-profits and academic institutions for paragraphs b, c, and f of\nsubdivision one of this section, and make state assistance payments to\nmunicipalities and undertake projects pursuant to this section.\n  5. Provided that for the purposes of selecting projects for funding of\nthis section, the relevant agencies shall develop eligibility guidelines\nand post information on the department's website in the environmental\nnotice bulletin providing for a thirty-day public comment period and\nupon adoption post such eligibility guidelines on the relevant agency's\nwebsite.\n
N.Y. LFN Law § 125.00 — New York Code / Act LFN / Article 2 / Title 9 / Section 125.00
Exclusion of indebtedness for self-liquidating dock and transit facilities; New York City
Status: in_force

§ 125.00 Exclusion of indebtedness for self-liquidating dock and\ntransit facilities; New York City. a. As used in this section:\n  1. The term "dock improvement" shall mean a dock improvement for which\nindebtedness was contracted by the city of New York prior to January\nfirst, nineteen hundred ten, and for which indebtedness a partial or\ncomplete exclusion is sought in accordance with the provisions of this\nsection.\n  2. The term "transit facilities" shall mean:\n  (a) Railroads and facilities and properties used in connection\ntherewith and rights therein owned by the city of New York, and\n  (b) Securities of corporations owning such railroads, facilities,\nproperties or rights, owned by the city of New York.\n  b. In ascertaining the power of the city of New York to contract\nindebtedness, there may be excluded:\n  1. Any outstanding indebtedness contracted by the city prior to the\nfirst day of January, nineteen hundred ten, for a dock improvement\nproportionately to the extent to which the net revenue received by the\ncity therefrom during the preceding fiscal year shall have met the\ninterest on and the annual requirements for the amortization of such\nindebtedness during such fiscal year.\n  2. Any outstanding indebtedness contracted by the city for transit\npurposes, and not otherwise excluded, proportionately to the extent to\nwhich the net revenue received by the city during the preceding fiscal\nyear from all its transit facilities less the total of the items\nenumerated in paragraph c of this section shall have met the interest on\nand the annual requirements for the amortization and payment of such\nnon-excluded indebtedness during such fiscal year.\n  c. In ascertaining the amount of indebtedness for transit purposes\nthat may be excluded in accordance with the provisions of this section,\nthere shall be deducted from the net revenue received by the city from\nall its transit facilities during such preceding fiscal year:\n  1. An amount equal to the interest and amortization requirements for\nsuch preceding fiscal year on indebtedness contracted for rapid transit\npurposes which indebtedness was excluded in ascertaining the power of\nthe city to contract indebtedness by order of the appellate division of\nthe supreme court, first judicial department, prior to January first,\nnineteen hundred thirty-nine.\n  2. An amount equal to (a) the interest for such preceding fiscal year\non that portion of the indebtedness contracted for the acquisition of\ntransit facilities which is excluded pursuant to paragraph A of section\nseven-a of article eight of the state constitution in ascertaining the\npower of the city to contract indebtedness, and (b) the requirements for\nsuch preceding fiscal year for amortization on any sinking fund bonds\nand the redemption of any serial bonds evidencing such excluded\nindebtedness.\n  3. An amount equal to the sum of all taxes and bridge tolls which\naccrued to the city from transit facilities during the fiscal year of\nthe city preceding the fiscal year in which such transit facilities were\nacquired. The transit facilities referred to in this subdivision are\nthose for the acquisition of which indebtedness was contracted and all\nor part of which indebtedness is excluded pursuant to paragraph A of\nsection seven-a of article eight of the state constitution in\nascertaining the power of the city to contract indebtedness.\n  4. The amount of net operating revenue derived by the city from the\nindependent subway system during the fiscal year of the city preceding\nthe fiscal year in which were acquired the transit facilities referred\nto in subdivision three of paragraph c of this section.\n  d. At any time after the close of a fiscal year of the city, the city\ncomptroller may, in his discretion, file with the state comptroller a\nfinancial statement for such fiscal year of any dock improvement or of\nall the transit facilities, if in the opinion of the city comptroller,\nthe city has received sufficient net revenue from such dock improvement\nor from such transit facilities, as the case may be, to entitle the city\nto an exclusion, in accordance with the provisions of this section, of\nall or part of the indebtedness contracted for such dock improvement or\nfor such transit facilities. The city comptroller shall, in his\ndiscretion, determine and set forth in such statement the amount of such\nindebtedness which the city seeks to exclude. Such statement shall be in\nsuch form and shall contain such information as shall be prescribed by\nthe state comptroller and shall be verified by the city comptroller.\n  e. However, prior to the submission of such financial statement, the\ncity comptroller shall cause to be published at least once a week for\ntwo weeks in the city record a notice that on the date specified\ntherein, which date shall be at least two weeks from the date of the\nfirst publication of the notice, such financial statement will be filed\nwith the state comptroller on the date specified in the notice and the\nfinancial statement which will be filed by the city comptroller with the\nstate comptroller on the date specified in the notice and a copy of all\ndocuments, computations and other data and information which will be\nsubmitted by the city comptroller to the state comptroller in support of\nsuch financial statement.\n  f. Upon the receipt of such a financial statement from the city\ncomptroller, the state comptroller forthwith shall review the facts set\nforth therein. The state comptroller shall have the power to examine the\naccounts and records of the city with respect to the dock improvement or\nthe transit facilities, as the case may be. He may also require the city\ncomptroller and other public officers, boards and agencies to furnish\nsuch additional data and information in their possession which he deems\nnecessary to enable him to make his determination.\n  g. The state comptroller shall issue a written certificate setting\nforth his determination as to whether the amount of indebtedness which\nthe city seeks to exclude, or any part thereof, may be excluded. Such\ncertificate shall constitute the authorization for the exclusion of the\namount of such indebtedness set forth therein, in ascertaining the power\nof the city to contract indebtedness and shall be effective until the\nclose of the fiscal year in which such financial statement shall have\nbeen submitted. If the state comptroller disallows, in whole or in part,\nthe claim of the city for the exclusion, he shall set forth the reason\nfor such disallowance. The determination of the state comptroller shall\nbe conclusive. The certificate of the state comptroller shall be\nexecuted under his hand and seal in duplicate. One of such duplicates\nshall be filed in the department of audit and control and the other in\nthe office of the city comptroller. Both of such duplicates shall be\npublic records.\n
N.Y. PBA Law § 375 — New York Code / Act PBA / Article 2 / Title 9 / Section 375
Inconsistent provisions in other acts superseded
Status: in_force

§ 375. Inconsistent provisions in other acts superseded. In so far as\nthe provisions of this title are inconsistent with the provisions of any\nother act, general or special, the provisions of this title shall be\ncontrolling.\n
N.Y. PBA Law § 1864 — New York Code / Act PBA / Article 8 / Title 9 / Section 1864
Right of state to require redemption of bonds
Status: in_force

§ 1864. Right of state to require redemption of bonds. Notwithstanding\nand in addition to any provisions for the redemption of bonds which may\nbe contained in any contract with the holders of the bonds, the state\nmay, upon furnishing sufficient funds therefor, require the authority to\nredeem, prior to maturity, as a whole, any issue of bonds on any\ninterest payment date not less than twenty years after the date of the\nbonds of such issue at one hundred five per cent of their face value and\naccrued interest or at such lesser redemption price as may be provided\nin the bonds in case of the redemption thereof as a whole on the\nredemption date. Notice of such redemption shall be published in at\nleast two newspapers published and circulating respectively in the\ncities of Albany and New York at least twice, the first publication to\nbe at least thirty days before the date of redemption.\n
N.Y. VAT Law § 1801 — New York Code / Act VAT / Title 9 / Article 45 / Section 1801
Penalties for misdemeanors
Status: in_force

§ 1801. Penalties for misdemeanors.  1. Every person convicted of a\nmisdemeanor for a violation of any of the provisions of this chapter for\nwhich another penalty is not provided shall for a first conviction\nthereof be punished by a fine of not more than three hundred dollars or\nby imprisonment for not more than thirty days or by both such fine and\nimprisonment; for a conviction of a second violation, both of which were\ncommitted within a period of eighteen months, such person shall be\npunished by a fine of not more than five hundred twenty-five dollars or\nby imprisonment for not more than ninety days or by both such fine and\nimprisonment; upon a conviction of a third or subsequent violation, all\nof which were committed within a period of eighteen months, such person\nshall be punished by a fine of not more than one thousand one hundred\ntwenty-five dollars or by imprisonment for not more than one hundred\neighty days or by both such fine and imprisonment, except that any fine\nimposed upon conviction of a violation of section twelve hundred twelve\nof this chapter shall be not less than one hundred dollars.\n  2. Notwithstanding the provisions of subdivision one of this section,\nevery operator or registered owner of a motor vehicle having a\nregistered maximum gross weight of eighteen thousand pounds or more\nconvicted of a misdemeanor for a violation of the provisions of the\nclosing paragraph of subdivision one of section three hundred\nseventy-five of this chapter with respect to the knowing disconnection\nof any set of service brakes on such motor vehicle, shall be punished by\na fine of not more than two thousand two hundred fifty dollars.\n
N.Y. ENV Law § 19-0919 — New York Code / Act ENV / Article 19 / Title 9 / Section 19-0919
General powers
Status: in_force

§ 19-0919. General powers.\n  1. Nothing in this title shall be construed to require or prohibit the\ndepartment from:\n  a. extending compliance schedules, issuing variances or relaxing\nperformance standards at any specific facility or stationary source, so\nlong as such extension, issuance or relaxation does not result in:\n  (i) violation of any primary federal ambient air quality standard or\nany state ambient air quality standard; or\n  (ii) failure to make reasonable further progress in a non-attainment\narea pursuant to the federal clean air act; or\n  (iii) failure to attain the interim control target pursuant to section\n19-0909 of this title; or\n  (iv) failure to attain the final control target pursuant to section\n19-0911 of this title; or\n  (v) violation of the nitrogen control program pursuant to section\n19-0913 of this title; or\n  (vi) creation of a public or private nuisance.\n  b. Continuing any special limitations until January first, nineteen\nhundred ninety-six or reauthorize any special limitation which has\nexpired after the effective date of this title and prior to January\nfirst, nineteen hundred eighty-six.\n  c. Allowing any conversion or modification of a facility or stationary\nsource to burn coal as a boiler fuel.\n  2. Nothing in this title shall be construed to establish a statewide\ncap or limitation on acid deposition precursors such that new sources\nwould be excluded for the state.\n
N.Y. PBA Law § 361 — New York Code / Act PBA / Article 2 / Title 9 / Section 361
Traffic control
Status: in_force

§ 361. Traffic control. 1. (a) In addition to the powers conferred by\nthe vehicle and traffic law, the authority is hereby authorized to\npromulgate such rules and regulations for the use and occupancy of the\nthruway as may be necessary and proper for the public safety and\nconvenience, for the preservation of its property and for the collection\nof tolls and provided further that the authority, in consultation with\nthe departments of environmental conservation and transportation, is\nhereby authorized to promulgate rules and regulations necessary to\nimplement a heavy duty vehicle roadside inspection program pursuant to\nsection 19-0320 of the environmental conservation law.\n  (b) Notwithstanding any inconsistent provisions of any general,\nspecial or local law, the thruway authority shall mark, with appropriate\ndirectional signs, the exits nearest to any state owned unique natural\nattraction within forty miles of the thruway which lies wholly or\npartially within the state of New York, such as, lakes more than ten\nmiles in length, excepting Lake Ontario and Lake Erie, and mountains\nmore than five thousand feet in height.\n  (c) Notwithstanding any inconsistent provisions of the general\nbusiness law or of any other law, general, special or local, the landing\nand take-off of planes on the thruway system shall be governed by rules\nand regulations promulgated by the thruway authority.\n  (d) The violation of any such rule or regulation promulgated pursuant\nto this section shall be an offense and a first conviction thereof shall\nbe punishable by a fine of not more than fifty dollars or by\nimprisonment for not more than fifteen days or by both such fine and\nimprisonment; a second such conviction within eighteen months thereafter\nshall be punishable by a fine of not more than one hundred dollars or by\nimprisonment for not more than forty-five days or by both such fine and\nimprisonment; and a third or subsequent conviction within eighteen\nmonths after the first conviction shall be punishable by a fine of not\nmore than two hundred fifty dollars or by imprisonment for not more than\nninety days or by both such fine and imprisonment; provided, however,\nthat the violation of any such rule or regulation relating to the\ntransportation of explosives class a or class b shall be a misdemeanor,\npunishable by a fine not exceeding twenty-five hundred dollars or by\nimprisonment for a term not exceeding one year or by both such fine and\nimprisonment.\n  (e) For the purpose of conferring jurisdiction upon courts and\njudicial officers generally, violations of those rules and regulations\nof the authority which are herein defined as offenses shall nevertheless\nbe deemed misdemeanors for the sole purpose of making applicable all\nprocedural provisions of law relating to misdemeanors, and courts of\nspecial sessions outside the city of New York and in the city of New\nYork, the criminal court of the city of New York, in the first instance,\nshall have exclusive jurisdiction to hear and determine charges of such\nviolations and provided, further, that no jury trial shall be allowed\nfor such violations.\n  2. Enforcement of the rules and regulations of the thruway authority\nand of those provisions of the vehicle and traffic law applicable to the\nthruway shall be by authority forces, provided however, that at the\nrequest of the authority, such enforcement shall be the duty of the\ndivision of state police. Violators shall be apprehended and prosecuted\nin the same manner as provided for the apprehension and prosecution of\nviolators of the vehicle and traffic law who commit violations thereof\nupon the state highway system. Authority forces specifically employed\nfor the enforcement of such rules and regulations, during the term of\nsuch employment, shall be uniformed, shall have the powers of peace\nofficers, as set forth in section 2.20 of the criminal procedure law,\nand shall have, within the limits of any municipality within which any\nportion of the thruway system under the jurisdiction of the authority\nshall be located, all the powers of a peace officer in the execution of\ncriminal processes; and criminal process issued by any court or\nmagistrate of a municipality within which any portion of the thruway\nsystem under the jurisdiction of the authority shall be located, may be\ndirected to and executed by any such employee notwithstanding the\nprovisions of any local or special law, ordinance or regulation.\n
N.Y. LAB Law § 636 — New York Code / Act LAB / Article 18 / Title 9 / Section 636
No fees to be charged for services rendered by free public employment bureaus
Status: in_force

§ 636. No fees to be charged for services rendered by free public\nemployment bureaus.  A person connected with or employed in a free\npublic employment bureau, who shall charge or receive directly or\nindirectly any fee or compensation from any person applying to such\nbureau for help or employment, is guilty of a misdemeanor.\n
N.Y. ENV Law § 54-0907 — New York Code / Act ENV / Article 54 / Title 9 / Section 54-0907
Contracts
Status: in_force

§ 54-0907. Contracts.\n  1. The commissioner shall impose such contractual requirements and\nconditions upon any municipality and any not-for-profit corporation\nwhich receive state assistance payments pursuant to this title as may be\nnecessary and appropriate to ensure that a public benefit shall accrue\nfrom the use of public funds by such municipality or not-for-profit\ncorporation. Such conditions shall include limitations on the right of\nthe municipality or not-for-profit corporation to demolish or convey\nsuch property, provisions for public access or use where appropriate,\nthe granting of facade easements to the state, a requirement that all\nplans for restoration, rehabilitation, improvement, demolition or other\nphysical change must be subject to the commissioner's approval, and such\nother conditions which shall assure the preservation and protection of\nthe project.\n  2. Any not-for-profit corporation which receives state assistance\npayments pursuant to this title for the acquisition of land for outdoor\nrecreation or conservation purposes shall execute a contract with the\ncommissioner which shall include the following:\n  a. An agreement to make and keep the lands accessible to the public\nunless the commissioner determines that public accessibility would be\ndetrimental to the lands or any natural resources associated therewith;\n  b. An agreement not to sell, lease, exchange or donate the lands\nexcept to the state, a local government unit or another qualifying tax\nexempt non-profit organization for recreation and conservation purposes\napproved by the commissioner; and\n  c. An agreement to execute and convey to the state at no charge a\nconservation easement, pursuant to title three of article forty-nine of\nthis chapter, over the lands to be acquired with state assistance\npayments.\n
N.Y. RSS Law § 89-V — New York Code / Act RSS / Article 2 / Title 9 / Section 89-V
Retirement of deputy sheriffs-civil in Rockland county
Status: in_force

* § 89-v. Retirement of deputy sheriffs-civil in Rockland county. a. A\nmember employed in Rockland county shall be eligible to retire pursuant\nto the provisions of section eighty-nine-p of this article if the county\nof Rockland elects to make the benefits provided in section\neighty-nine-p of this article available to the sheriff, undersheriffs,\ndeputy sheriffs and correction officers of such county and if he or she\nis a deputy sheriff-civil of such county. Such eligibility shall be an\nalternative to the eligibility provisions available under any other plan\nof this article to which such member is subject.\n  b. The term "creditable service" shall include any and all services\nperformed as a deputy sheriff-civil of Rockland county and other\ncreditable service as defined in subdivisions d and e of section\neighty-nine-p of this article.\n  c. Rockland county is authorized to adopt a resolution on or before\nDecember thirty-first, two thousand one to extend the provisions of this\nsection to those members defined in subdivision a of this section. A\ncertified copy of such resolution must be filed with the comptroller and\nmay contain an election that any past service cost be paid over either a\nfive-year or ten-year period. Such resolution shall be accompanied by\nthe affidavit of the chief executive officer of Rockland county that the\ncounty has received an estimate from the retirement system of the cost\nof the benefit provided by this section.\n  d. The sheriff shall certify to the comptroller, periodically and at\nsuch intervals of time as may be required of him or her and in such\nfashion as may be prescribed, the identity of the deputy sheriffs-civil\nof Rockland county.\n  e. Unless otherwise indicated in this section, the provisions of\nsection eighty-nine-p of this article shall be controlling.\n  * NB There are 3 § 89-v's\n
N.Y. ENV Law § 23-0901 — New York Code / Act ENV / Article 23 / Title 9 / Section 23-0901
Compulsory integration and unitization in oil and natural gas pools and fields
Status: in_force

§ 23-0901. Compulsory integration and unitization in oil and natural gas\n             pools and fields.\n  1. Compulsory integration and unitization in oil pools and fields and\nin natural gas pools and fields shall be subject to the provisions of\nthis section with subdivision 3 to be specifically applicable to\nintegration within individual spacing units, and subdivisions 4 through\n12 to be specifically applicable to unit operation of an entire pool or\npart thereof.\n  2. The department shall not make any order requiring the integration\nof interests in any spacing unit or requiring the development or\noperation of any field, pool or part thereof as a unit unless it finds,\nafter detailed study and analysis, notice and hearing, that the\nintegration of interests in spacing units, under conditions then\nexisting in this state, or in the field or pool to be affected, is\nnecessary to carry out the policy provisions of section 23-0301 of this\narticle.\n  3. In the absence of voluntary integration as permitted by section\n23-0701 of this article and after finding as required by subdivision 2\nof this section, the department shall make an order integrating all\ntracts or interests in the spacing unit for development and operation.\nEach such integration order shall be upon terms and conditions that are\njust and reasonable and subject to the following:\n  a. As used in this section or otherwise in this article, to the extent\napplicable to oil and gas wells:\n  (1) "Integrated non-participating owner" or "non-participating owner"\nmeans an owner who elects to reimburse the well operator, out of\nproduction proceeds, for such owner's proportionate share of the actual\nwell costs of the initial well in a spacing unit and be subject to a\nrisk penalty, and complies with all of the requirements for integration,\nincluding the terms of integration, as specified in an order of\nintegration issued pursuant to the compulsory integration provisions of\nthis section. The non-participating owner shall receive the full share\nof production attributable to such owner's proportionate interest in the\nspacing unit following the recoupment by the well operator of the\nowner's proportionate share of the actual well costs plus a risk penalty\nof two hundred percent of the share of the actual well costs allocable\nto such owner. In the case of a leased tract, a royalty shall be\ndeducted from the non-participating owner's share of production, which\nshall not be subject to charges or costs, but shall be separately\ncalculated and paid to the non-participating owner on behalf of the\nroyalty owner as follows:\n  (i) During the recovery of the actual well costs, 1/16 or 6.25%,\n  (ii) During the recovery of the first 100% of the risk penalty, 3/32\nor 9.38%,\n  (iii) During the recovery of the second 100% of the risk penalty, the\nlowest royalty fraction set forth in an existing lease in the unit, but\nno less than 1/8 or 12.5%.\n  Nothing in this subparagraph relieves any lessee of its obligation to\npay, from the commencement of production, any remaining royalty and\noverriding royalty owed under the terms of its lease.\n  (2) "Integrated participating owner" or "participating owner" means an\nowner who elects to participate in the initial well in a spacing unit,\npays all costs associated with participation and complies with all of\nthe requirements for participation, including the terms of integration,\nspecified in an order of integration issued pursuant to the compulsory\nintegration provisions of this section.\n  (3) "Integrated royalty owner" means an owner who has either elected\nto be an integrated royalty owner or who does not elect to become either\na participating owner or a non-participating owner. The integrated\nroyalty owner shall receive a royalty equal to the lowest royalty in an\nexisting lease in the spacing unit, but no less than one-eighth. The\nintegrated royalty owner shall have no obligation to the well operator\nor any other owner for any charges, taxes or fees associated with the\noperation of the oil or gas well and, notwithstanding any other law to\nthe contrary, shall not be liable by reason of the owner's status as an\nintegrated royalty owner for any claims for personal injury or property\ndamage suffered by any person relating to the drilling and operation of\nthe well.\n  (4) "Risk penalty" means the percentage applied to well costs to\nreimburse the well operator for the risk involved with the exploration\nfor and development of a well or the percentage applied to other costs\nthat are subject to recoupment and a risk penalty, as provided herein.\nAt any time during a risk penalty phase, an owner subject to a risk\npenalty may pay to the well operator the full amount subject to\nrecoupment by the well operator, to terminate the risk penalty phase and\nbe eligible for other opportunities for participation as provided\nherein.\n  (5) "Well costs" means the costs incurred or estimated to be incurred\nby the well operator in relation to the drilling, completion, and the\ninstallation of surface equipment, other than as described in item E of\nclause (ii) of subparagraph 1 of paragraph c of this subdivision,\nincluding, without limitation, surveying, drill site preparation,\nleasing of surface rights and access roads pertinent to the drill site,\nconstruction of access roads, permitting, drilling, stimulation,\ntesting, well logging, drilling insurance, plugging and abandonment of\nthe well, environmental mitigation costs associated with drilling and\nany other costs associated with the foregoing that the operator has\nincurred or anticipates incurring, including a reasonable charge for\nsupervision of the foregoing activities.\n  b. If upon issuance of a well permit by the department, the well\noperator does not control all owners within the spacing unit, either\nthrough lease or voluntary agreement, the department shall schedule an\nintegration hearing.\n  c. The well operator shall, no later than thirty days prior to the\ndate of the integration hearing scheduled by the department, provide\nactual notice of the hearing to all uncontrolled owners wholly or\npartially within the spacing unit and shall provide notice by\npublication in a form and manner prescribed by the department. Prior to\nor contemporaneously with such notice, the well operator shall provide\nto the department the well operator's estimate of those well costs that\nthe owners electing to participate shall be required to pay to the well\noperator prior to or at the integration hearing based on each owner's\nproportionate share of such costs and a list of each tract wholly or\npartially within the spacing unit, the acreage attributable thereto, the\npercentage interest of the total spacing unit of each tract, an\nindication of whether the tract is controlled by the well operator and\nthe names and addresses of the uncontrolled owners. If applicable, such\nlist shall also identify each tract where the owners remain unknown or\ncannot be located after diligent efforts by the well operator. To the\nextent an owner cannot be determined after diligent efforts by the well\noperator and such owner is integrated as an integrated royalty owner,\nthe well operator shall hold the royalty percentage payable to such\nintegrated royalty owner in an interest bearing account for such\nintegrated royalty owner until the owner is located or the property is\ndeemed abandoned, whichever comes first.\n  (1) The notice of hearing to each uncontrolled owner shall be made in\na form prescribed by the department, and shall include:\n  (i) An election form, as prescribed by the department, granting the\nuncontrolled owner the right to elect to be integrated into the spacing\nunit as an integrated participating owner, an integrated\nnon-participating owner or an integrated royalty owner. Such form shall\nset forth the well operator's good faith estimate of those well costs\nwhich the owners electing to be integrated as participating owners will\nbe responsible for paying to the well operator prior to conclusion of\nthe integration hearing, based on each owner's proportionate share of\nsuch costs, and confirm that if an uncontrolled owner does not make a\ntimely election and does not timely comply with all of the requirements\nto be either a participating owner or a non-participating owner, that\nsuch uncontrolled owner shall be integrated into the spacing unit as an\nintegrated royalty owner.\n  (ii) A copy of the proposed order of integration, which shall include\nthe proposed terms of integration applicable to integrated participating\nowners and integrated non-participating owners. The proposed order of\nintegration shall include the following terms in addition to any\napplicable risk penalty:\n  A. The owner shall be liable for its proportionate share of all costs\nand expenses, including taxes, and claims of third parties related to\nthe well, operations thereon and in conjunction therewith, and shall be\nentitled to its proportionate share of all benefits therefrom. If an\nowner's share of production is subject to a risk penalty, the well\noperator shall establish a risk penalty account for such owner and all\ncosts, expenses and benefits attributable to such owner shall be\nreflected in the penalty account;\n  B. The well operator shall hold any funds paid by the owner or\nrecouped through the risk penalty attributable to the plugging and\nabandonment costs of the well, as estimated prior to the drilling of the\nwell, in an interest bearing account until such funds are required and\nutilized for such purpose;\n  C. The owner shall be liable for and shall indemnify all other persons\nparticipating in the development of the well, whether participating\nowners, non-participating owners or otherwise, including the well\noperator, from and against all claims arising out of the owner's\nnon-payment of rentals, royalties and other payments or burdens on the\noil and gas rights that such owner contributes to the spacing unit and\nfrom and against all claims associated with the loss or failure of title\nto the oil and gas rights the owner contributes to the spacing unit;\n  D. The well operator shall have a first lien on the production of the\nowner to pay any outstanding costs, expenses or claims and the well\noperator shall be entitled to withhold and retain for the purposes of\nset off any revenue or production owed or due to the owner under an\norder of integration. Nothing in this paragraph shall affect the well\noperator's right to collect any outstanding amounts incurred nor the\nright of any fee owner of oil and gas interests to collect any amounts\nowed under the terms of any lease from such owner. The exercise of any\nremedy shall not preclude the well operator from seeking any other\nremedies available under the law;\n  E. Whether or not the owner is subject to a risk penalty, the well\noperator shall submit to the owner a written authority for expenditure\nof the estimated costs associated with the construction of any\nfacilities not included in well costs beyond the surface equipment at\nthe wellhead to the first point of interconnection with other facilities\nthat commingle production from a group of wells that includes the well,\nincluding, but not limited to, pipe, compression, processing, treating,\ndehydrating or separating equipment, fixtures, related buildings and\nother equipment. The owner shall have thirty days to elect to\nparticipate and pay its proportionate share of such estimated cost, the\nfailure of which shall be deemed to be an election by the owner not to\nparticipate. If the owner elects not to participate or is deemed to have\nelected not to participate, the well operator shall be entitled to\nretain for its own account all of the owner's share of production from\nthe well until the well operator has recouped from the net proceeds of\nthe owner's share of production the owner's share of the actual costs of\nthe facilities, plus a risk penalty of one hundred percent of such\ncosts. Any such amounts shall be added to the risk penalty account for\nsuch owner;\n  F. If the owner is not subject to a risk penalty, the owner shall have\nthe right to take its share of gas or oil production in kind and shall\nbe responsible for its transportation and marketing arrangements\ndownstream of the facilities constructed pursuant to item E of this\nclause. The owner's election to take in kind must be conveyed to the\nwell operator no later than fourteen days prior to first production from\nthe well or upon seventy-five days written notice to well operator at\nany time following first production from the well subject to the\nexpiration of any existing contracts;\n  G. If the owner is not subject to a risk penalty and does not take its\nshare of gas or oil production in kind, the well operator shall market\nthe owner's share of production from the well ratably with its own share\nof production from the well for the account of the owner. The well\noperator shall pay the owner based on the price received by the well\noperator for production in the general area less (I) the owner's\nproportionate share of all costs incurred by the well operator for\ntransporting, treating, processing, or otherwise making the production\nmarketable, and (II) a marketing fee not to exceed five percent of the\nsales price of the production;\n  H. The well operator shall be entitled to propose and conduct a\nsubsequent operation on a well, meaning any reworking, sidetracking,\ndeepening, re-completing or plugging back of the well or the drilling of\na lateral or an infill well in the formation for which the unit was\ncreated. Owners shall be provided with a written authorization for\nexpenditure of the estimated costs of the subsequent operation. An owner\nshall not be entitled to participate in a subsequent operation as long\nas the owner is in a risk penalty phase. If a subsequent operation is\nproposed while an owner is in a risk penalty phase, the owner's\nproportionate share of the actual cost of the subsequent operation plus\ntwo hundred percent of such actual costs shall be added to the risk\npenalty account for such owner. The owner not in a risk penalty phase\nshall have thirty days to elect and pay its proportionate share of the\nestimated costs, unless a drilling rig is on location, in which event\nnotice of a subsequent operation may be given by telephone and the owner\nshall have forty-eight hours, exclusive of Saturday, Sunday and legal\nholidays, to make an election and thirty days to pay the owner's\nproportionate share of costs. The failure of any such owner to elect and\npay in a timely manner shall be deemed an election by the owner not to\nparticipate in the subsequent operation. If such owner elects or is\ndeemed to have elected not to participate in the subsequent operation,\nthe well operator shall be entitled to retain all of the owner's\nproportionate share of production from the well until the well operator\nhas recouped the proportionate share of the actual costs of the\nsubsequent operation attributable to such owner, plus two hundred\npercent of such actual costs;\n  I. The well operator, on behalf of the owner, shall be entitled to\nconduct all acts associated with the well and necessary facilities\nrelated thereto, including without limitation: conducting title\nexamination and curative work on the tracts included in the spacing\nunit; arranging for contract services or employees of the well operator,\nat the customary salaries, wages and benefits of such employees, to\noversee the operation and maintenance of the well and the facilities in\nthe production unit associated with the well; arranging for and\nmaintaining required financial security for well bonds and insurance;\ndischarging litigation, claims of third parties and disputing tax\nassessments; developing and implementing emergency responses and dealing\nwith catastrophic events; and arranging for the storage, transporting\nand disposal of produced water, by-products or refuse associated with\nproduction and maintenance facilities; and\n  J. Other terms may be included in the order of integration if the\ndepartment determines such terms are reasonably required to further the\npolicy objectives of section 23-0301 of this article.\n  (2) Within twenty-one days of receiving notice of the integration\nhearing, each uncontrolled owner shall provide to the well operator and\nthe department its election as to whether it chooses to be integrated as\na participating owner, a non-participating owner or an integrated\nroyalty owner. Failure of an uncontrolled owner to elect to be\nintegrated as a participating owner, a non-participating owner or an\nintegrated royalty owner and to pay the amount specified in the notice\nby the date of the hearing, or to make any election, shall result in the\nowner being integrated as an integrated royalty owner. Nothing contained\nin this section shall preclude any person from entering into a lease or\nother voluntary agreement at any time prior to the hearing.\n  d. If substantive and significant issues are raised during the\nintegration hearing, the department shall schedule an adjudicatory\nhearing.\n  e. If no substantive and significant issues are raised at the hearing,\nthe department shall issue a final order of integration confirming the\nstatus of all uncontrolled owners in the spacing unit as participating\nowners, non-participating owners or integrated royalty owners; the terms\nof integration; the acreage attributable to each owner and the\nproportion such acreage bears to the entire spacing unit; and the\nroyalty applicable to each integrated royalty owner. Such order shall be\nrecorded by the well operator in the office of the county clerk in the\ncounty or counties where the spacing unit is wholly or partially located\nand such order shall be final and binding upon the well operator, all\nowners and their heirs, successors and assigns.\n  f. All operations including, but not limited to, the commencement,\ndrilling, or operation of a well or the existence of a shut-in well upon\nany portion of a spacing unit covered by an order of integration shall\nbe deemed for all purposes the conduct of such operations upon each\nseparately owned tract in the spacing unit by the owner or several\nowners thereof. That portion of the production allocated to each tract\nincluded in a spacing unit covered by an order of integration shall,\nwhen produced, be deemed for all purposes to have been produced from\nsuch tract by a well drilled thereon.\n  4. The department upon its own motion may, and upon the application of\nany interested person shall, hold a hearing to consider the need for the\noperation as a unit of an entire pool or part thereof.\n  5. The department shall make an order providing for the unit operation\nof a pool or part thereof if it finds that such operation is reasonably\nnecessary to increase substantially the ultimate recovery of oil and\ngas, and the value of the estimated additional recovery of oil or gas\nexceeds the estimated additional cost incident to conducting such\noperation. The order shall be upon terms and conditions that are just\nand reasonable and shall prescribe a plan for unit operations that shall\ninclude:\n  a. A description of the unitized area, termed the unit area.\n  b. A statement of the nature of the operations contemplated.\n  c. An allocation to the separately owned tracts in the unit area of\nall the oil and gas that is produced from the unit area and is saved,\nbeing the production that is not used in the conduct of operations on\nthe unit area or not unavoidably lost. The allocation shall be in accord\nwith the agreement, if any, of the interested parties. If there is no\nsuch agreement, the department shall determine the value, from evidence\nintroduced at the hearing, of each separately owned tract in the unit\narea, exclusive of physical equipment, for development of oil and gas by\nunit operations, and the production allocated to each tract shall be the\nproportion that the value of each tract so determined bears to the value\nof all tracts in the unit area.\n  d. A provision for the credits and charges to be made in the\nadjustment among the owners in the unit area for their respective\ninvestments in wells, tanks, pumps, machinery, materials, and equipment\ncontributed to the unit operations.\n  e. A provision providing how the expenses of unit operations,\nincluding capital investment, shall be determined and charged to the\nseparately owned tracts and how said expenses shall be paid.\n  f. A provision, if necessary, for carrying or otherwise financing any\nperson who is unable to meet his financial obligations in connection\nwith the unit, allowing a reasonable interest charge for such service.\n  g. A provision for the supervision and conduct of the unit operations,\nin respect to which each person shall have a vote with a value\ncorresponding to the percentage of the expenses of unit operations\nchargeable against the interest of such person.\n  h. The time when the unit operations shall commence, and the manner in\nwhich, and the circumstances under which, the unit operations shall\nterminate.\n  i. Such additional provisions as are found to be appropriate for\ncarrying on the unit operations, and for the protection or adjustment of\ncorrelative rights.\n  6. No order of the department providing for unit operations shall\nbecome effective unless and until the plan for unit operations\nprescribed by the department has been approved in writing by the owners\nof sixty percent or more in interest as the costs of such unit\noperations are shared under the order of the department, and by owners\nof record of a like percentage of a one-eighth royalty interest in and\nto the unit area, and the department has made a finding, either in the\norder providing for unit operations, or in a supplemental order, that\nthe plan for unit operations has been so approved by the required number\nof owners and royalty owners. If the plan for unit operations has not\nbeen so approved by owners and royalty owners at the time the order\nproviding for unit operations is made, the department shall upon\napplication and notice hold such supplemental hearings as may be\nrequired to determine if and when the plan for unit operations has been\nso approved. If the owners and royalty owners, or either, owning the\nrequired percentage of interest in the unit area do not approve the plan\nfor unit operations within a period of six months from the date on which\nthe order providing for unit operations is made, such order shall cease\nto be of force and shall be revoked by the department.\n  7. An order providing for unit operations may be amended by an order\nmade by the department, in the same manner and subject to the same\nconditions as an original order providing for unit operations, provided\n  a. if such an amendment affects only the rights and interests of the\nowners, the approval of the amendment by the royalty owners shall not be\nrequired, and\n  b. no such order of amendment shall change the percentage for\nallocation of oil and gas as established for any separately owned tract\nby the original order, except with the consent of all persons owning\ninterest in such tract.\n  8. The department, by an order, may provide for the unit operation of\na pool or a part thereof that embraces a unit area established by a\nprevious order of the department. Such order, in providing for the\nallocation of unit production, shall first treat the unit area\npreviously established as a single tract, and the portion of the unit\nproduction so allocated thereto shall then be allocated among the\nseparately owned tracts included in such previously established unit\narea in the same proportions as those specified in the previous order.\n  9. Oil and gas allocated to a separately owned tract shall be deemed,\nfor all purposes, to have been actually produced from such tract, and\nall operations, including, but not limited to, the commencement,\ndrilling, or operation of a well upon any portion of the unit area shall\nbe deemed for all purposes the conduct of such operations upon each\nseparately owned tract in the unit area by its several owners. The\noperations conducted pursuant to the order of the department shall\nconstitute a fulfillment of all the express or implied obligations of\neach lease or contract covering lands in the unit area to the extent\nthat compliance with such obligations cannot be had because of the order\nof the department.\n  10. Oil and gas allocated to any tract, and the proceeds from the sale\nthereof, shall be the property and income of the several persons to\nwhom, or to whose credit, the same are allocated or payable under the\norder providing for unit operations.\n  11. No division order or other contract relating to the sale or\npurchase of production from a separately owned tract shall be terminated\nby the order providing for unit operations, but shall remain in force\nand apply to oil and gas allocated to such tract until terminated in\naccordance with the provisions thereof.\n  12. Except to the extent that the parties affected so agree, no order\nproviding for unit operations shall be construed to result in a transfer\nof all or any part of the title of any person to the oil and gas rights\nin any tract in the unit area. All property, whether real or personal,\nthat may be acquired in the conduct of unit operations hereunder shall\nbe acquired for the account of the owners within the unit area, and\nshall be the property of such owners in the proportion that the expenses\nof unit operations are charged.\n  13. Any person taking title by operation of law to any oil and gas\ninterests integrated into a spacing unit pursuant to an order of\nintegration, shall take such interests subject to the terms and\nconditions of the final order of integration issued by the department\nduly recorded in accordance with the provisions of this section and\nshall be subject to all liabilities and benefits associated therewith,\nunless such person, within sixty days of the taking of such interest,\nelects to be an integrated royalty owner and notifies the well operator\nof such election.\n