N.Y. ENV Law § 27-2107 — New York Code / Act ENV / Article 27 / Title 21 / Section 27-2107
Prohibitions
Status: in_force

§ 27-2107. Prohibitions.\n  1. On and after January first, two thousand five, no person shall\nsell, offer for sale or distribute free of charge in the state any\nmercury-added novelty consumer product. A manufacturer that produces or\nsells mercury-added novelty consumer products shall notify retailers\nthat sell mercury-added novelty consumer products about such product ban\nand inform such retailers of how to properly dispose of the remaining\ninventory.\n  2. On and after January first, two thousand five, no person shall\nsell, offer for sale or distribute free of charge mercury fever\nthermometers or mercury body thermometers except by prescription written\nby a physician. A manufacturer of such thermometers shall provide the\nbuyer or the recipient with notice of mercury content, instructions on\nproper disposal and instructions that clearly describe how to carefully\nhandle the thermometer to avoid breakage and on proper cleanup should a\nbreakage occur.\n  3. On or after January first, two thousand five, no person shall sell,\noffer for sale or distribute free of charge in the state elemental\nmercury, other than within a mercury-added consumer product, without\nrequiring the final purchaser or recipient to sign a statement that the\npurchaser will use the mercury only for medical, pre-encapsulated dental\namalgam, research, or manufacturing purposes.\n  4. On or after September fourth, two thousand four, no primary or\nsecondary school in New York state may use or purchase elemental\nmercury. Mercury-added consumer products which are not otherwise\nprohibited by this title that are used by schools are not subject to\nthis prohibition.\n  5. On or after January first, two thousand six, no person shall sell,\noffer for sale or distribute the following mercury-added consumer\nproducts:\n  (a) mercury barometers;\n  (b) mercury esophageal dilators, mercury bougie tubes or mercury\ngastrointestinal tubes;\n  (c) mercury flow meters;\n  (d) mercury hygrometers or mercury psychrometers; and\n  (e) mercury pyrometers;\n  The provisions of this subdivision shall not apply to the sale or\ndistribution of any mercury-added consumer product delineated in this\nsubdivision if such product is used to replace a product that is a\ncomponent in a larger product in use prior to January first, two\nthousand six, or the resale of any mercury-added consumer product\ndelineated in this subdivision manufactured before December\nthirty-first, two thousand five.\n  6. On or after January first, two thousand seven, no person shall\nsell, offer for sale or distribute any mercury hydrometer or mercury\nmanometer. The provisions of this subdivision shall not apply to the\nsale or distribution of any mercury-added consumer product delineated in\nthis subdivision if such product is used to replace a product that is a\ncomponent in a larger product in use prior to January first, two\nthousand seven, or the resale of any mercury-added consumer product\ndelineated in this subdivision manufactured before December\nthirty-first, two thousand six.\n  7. On or after January first, two thousand eight, no person shall\nsell, offer for sale or distribute any mercury switch or mercury relay\nindividually or as a product component. The provisions of this\nsubdivision shall not apply to the sale or distribution of any\nmercury-added consumer product delineated in this subdivision if such\nproduct is used to replace a product that is a component in a larger\nproduct in use prior to January first, two thousand eight, or the resale\nof any mercury-added consumer product delineated in this subdivision\nmanufactured before December thirty-first, two thousand seven.\n  8. On or after January first, two thousand twelve, no person shall\nsell, offer for sale or distribute any mercury sphygmomanometer, mercury\nwetted reed relay, mercury flame sensor, mercury thermometer, or mercury\nthermostat, except for mercury thermostats used by a blind or visually\nimpaired person. The provisions of this subdivision shall not apply to\nthe sale or distribution of any mercury-added consumer product\ndelineated in this subdivision if such product is used to replace a\nproduct that is a component in a larger product in use prior to January\nfirst, two thousand twelve or the resale of any mercury-added consumer\nproduct delineated in this subdivision manufactured prior to January\nfirst, two thousand twelve.\n  9. The provisions of subdivisions five, six, seven and eight of this\nsection shall not apply to the sale or distribution of any mercury-added\nconsumer product delineated in those subdivisions if the use of such\nproduct is a federal requirement. The department shall develop\ninformational materials on the dangers of mercury-added consumer\nproducts, specifically thermometers and barometers, and disseminate such\nmaterials to antique dealers and resale establishments.\n  10. The department may grant a waiver from the provisions of\nsubdivision eight of this section upon request by the manufacturer of a\nmercury-added consumer product.\n  (a) An application for a waiver shall be in the form prescribed by the\ndepartment and document the basis for the requested waiver or renewal of\na waiver and describe how the manufacturer will ensure that a system\nexists for the proper collection, transportation and processing of the\nmercury-added consumer products at the end of their useful life.\n  (b) The application must include at a minimum, information that\ndemonstrates:\n  (i) there are no non-mercury alternatives that are comparable in price\nto, are as effective in performance as, or are as accurate and precise\nas the identified mercury-added consumer product;\n  (ii) the use of the mercury-added consumer product provides a net\nbenefit to the environment, public health, or public safety when\ncompared to a non-mercury alternative; or\n  (iii) there are other factors affecting the use of non-mercury\nalternatives.\n  (c) The manufacturer must notify the regional multi-state\nclearinghouse, as identified in section 27-2115 of this title, of its\nrequest for a waiver pursuant to this subdivision and provide the\nclearinghouse with the information required in its waiver application.\n  (d) The department may grant or deny, in whole or in part, a request\nfor a waiver. In determining whether to grant or deny a waiver or waiver\nrenewal, the department may consult with the clearinghouse, other\nstates, or regional governmental organizations to promote consistency in\nthe implementation of this subdivision.\n  (e) Waivers shall be granted for a period not to exceed two years.\nUpon a request by the manufacturer, the department may renew a waiver\nfor a period not to exceed two years if the department finds that the\nmanufacturer continues to meet the requirements for a waiver, that the\nmanufacturer has complied with all conditions of the original waiver,\nand the manufacturer demonstrates that reasonable efforts have been made\nto remove mercury from the product subject to the waiver.\n  11. On and after January first, two thousand twenty-one, no producer\nof mercury-added lamps shall sell, offer for sale, or distribute such\nlamps that fail to meet mercury content standards adopted by the\ndepartment pursuant to rules and regulations. Such standards shall\ninclude what, if any, allowance should be granted for slight variations\nin the amount of mercury resulting from production variances. For the\nfollowing general purpose lights, mercury content shall be no higher\nthan:\n  (a) 2.5 milligrams for screw-based compact fluorescent lamps less than\nthirty watts;\n  (b) 3.5 milligrams for straight fluorescent T8 lamps with a normal\nlifetime (excluding 8-foot models) and 3.0 milligrams for straight\nfluorescent T5 lamps with a normal lifetime;\n  (c) 5.0 milligrams for straight fluorescent T8 and T5 lamps with a\nlong lifetime;\n  (d) 15.0 milligrams for non-linear fluorescent T8, T5, and T12 lamps\nand 8-foot linear fluorescent lamps (excluding very high output models);\n  12. On or before December thirty-first, two thousand twenty-six,\nmercury content standards established in accordance with this section\nshall not apply to special purpose lights.\n
N.Y. ENV Law § 15-2121 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2121
Apportionment of cost
Status: in_force

§ 15-2121. Apportionment of cost.\n  1. If proceedings to review the final order of the board determining\nthat such proposed reservoir shall be made have not been instituted\nwithin sixty days from the date of the filing of the same, or upon the\nfiling of a modification thereof as directed by order of the court, the\nboard shall, as soon thereafter as practicable, prepare an estimate of\nthe total cost of such reservoir, including interest on certificates of\nindebtedness issued prior to the effective date of the Local Finance\nLaw, or on notes, to the maturity thereof and compensation for real\nestate and all damages suffered by reason thereof and all expenses\nnecessarily incurred or to be incurred in connection therewith, and make\na complete and verified statement thereof.\n  2. The board shall then apportion such cost, less the amount which may\nbe chargeable to the state, among the public corporations and parcels of\nreal estate benefited, in proportion to the amount of benefit which will\ninure to each such public corporation and parcel of real estate by\nreason of such reservoir. Such apportionment shall be made in writing\nand shall show the name of each public corporation and a brief\ndescription of each parcel of real estate benefited; the name of the\nowner, or owners, of each such parcel of real estate, so far as can be\nascertained; the proportion of such cost less the amount which may be\nchargeable to the state to be borne by each, expressed in decimals; and\nthe amount to be paid by each such public corporation or the owner or\nowners of each such parcel of real estate.\n  3. Such amount shall be determined by multiplying the total cost less\nthe amount which may be chargeable to the state by the decimal\nrepresenting the proportion thereof to be borne by each public\ncorporation or parcel of real estate.\n  4. The board, or a majority of the members thereof, before making such\napportionment shall view the premises and public corporations benefited.\nSuch apportionment shall be approved by the board and certified to the\ndepartment for its approval. Upon the approval thereof by the\ndepartment, the board shall cause a copy thereof to be served upon the\nchairman or other presiding officer of the county legislative body of\neach county, the mayor of each city, the supervisor of each town, and\nthe mayor of each village, named in the apportionment, or if service\ncannot be had upon such chairman, mayor, or supervisor, then upon a\nmember of the county legislative body of the county, an alderman of the\ncity or member of the governing board thereof, a member of the town\nboard of the town, or a trustee of the village, and to be filed in the\noffice of the county clerk of each county in which any public\ncorporation or real property thereby affected is located.  After such\nservice and filing of such apportionment and determination, notice shall\nbe given by the board, of publication of a time and place where the\nboard will meet to hear any public corporation or person aggrieved by\nthe same. The affidavit of the person serving or publishing such notice\nshall be evidence of such service or publication.\n  5. The board shall meet at the time and place specified and hear all\npersons and public corporations interested in or aggrieved by such\napportionment and may approve of or modify the same. If such\napportionment and determination be modified by the board it shall not\nbecome effective until approved by the department and a copy thereof\nserved and filed in the same manner as upon the completion of the same\nin the first instance. Any public corporation or any person deeming it\nor himself aggrieved may upon notice to the board review the\ndetermination of the board in the same manner as a review is had of the\ndetermination of a board of assessors in making an assessment. Such\napportionments as so modified and as further modified by any final\njudgment or order made in proceedings to review the same as herein\nprovided shall be final and conclusive.\n  6. The amount of the total cost and expense of such reservoir and the\nmaintenance and operation thereof including the amount of a reasonable\nreturn to the state as herein provided for, which each such public\ncorporation and each such parcel of real estate is to pay and bear shall\nbe based upon the proportion of cost as determined in the apportionment.\nIf the total cost of such reservoir shall exceed the estimate made and\napportioned as hereinbefore provided, the amount of such excess cost,\nless the amount which may be chargeable to the state, shall be\napportioned among the public corporations and parcels of real estate\nbenefited, by an additional apportionment to be made in the same manner\nand by the same procedure as the original apportionment, and shall be\nlevied, assessed and collected in the manner provided in section 15-2123\nhereof. Such apportionment and determination, when finally made, also\nshall be deemed to fix and determine the apportionment and the basis of\napportionment of all subsequent expenses to be incurred in the\nmaintenance and operation of such reservoir, including the amount of a\nreasonable return to the state, if any, as provided for in title 21 of\nthis article.\n  7. If powers be developed after such apportionment has been made or if\nfor any other reason any public corporation or any parcel of real estate\nbecomes liable equitably for such subsequent expenses, a subsequent\napportionment may be made in the same manner and subject to the same\nreview as the original apportionment. Provided, however, that before any\nsuch apportionment of costs or any assessment is made by the board,\npublic corporations or owners of property liable for the same may\nexecute and deliver to the board a consent, executed and acknowledged in\nlike manner as a deed, by which they acknowledge that they are the\npublic corporations and owners of property benefited by the improvement\nand consent to bear the cost thereof, less any sum previously\nappropriated by the state therefor, together with charges provided for\nin section 15-2125 of title 21 of this article, and to have the same\nassessed against them or their property as in this article provided.\nSuch consent may also provide, as a condition of its acceptance by the\nboard, for the basis on which the assessment for the improvement shall\nbe made upon the parties consenting.\n  8. The board may accept or reject such consent. If it accepts the same\nit must be by resolution providing for the levy of the entire assessment\nupon the public corporations and property of the parties filing such\nconsent, on the basis of benefits received, if any, determined by the\nterms of the consent, or if no basis of assessment be fixed by the\nconsent, on the basis of the benefits shared by such parties in the\nmanner provided in title 21 of this article. If such consent be accepted\nby the board, a certified copy thereof shall be filed by the board in\nthe office of the county clerk of each county in which any public\ncorporation or real property affected by the assessment is located. Such\na consent, when executed by a public corporation, must be authorized by\nthe governing body thereof.\n
N.Y. ENV Law § 15-2103 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2103
Creation of river regulating districts
Status: in_force

§ 15-2103. Creation of river regulating districts.\n  1. Bodies corporate, which shall consist of and be known as river\nregulating districts, may be created pursuant to title 21 of this\narticle to construct, maintain and operate reservoirs within such\ndistricts, subject to the provisions of this article for the purpose of\nregulating the flow of streams, when required by the public welfare,\nincluding public health and safety. Such river regulating districts are\ndeclared to be public corporations and shall have perpetual existence\nand the power to acquire, and hold such real estate and other property\nas may be necessary, to sue and be sued, to incur contract liabilities,\nto exercise the right of eminent domain and of assessment and taxation\nand to do all acts and exercise all powers authorized by and subject to\nthe provisions of this article. Such powers shall be exercised by and in\nthe name of the board of the district.\n  1-a. Notwithstanding any other provision of law, for purposes of\napplying for and/or receiving any federal moneys or deriving any type of\nbenefit or advantage pursuant to federal law, rule or regulation river\nregulating districts are hereby deemed to be municipal corporations\nwithin the meaning of subdivision two of section sixty-six of the\ngeneral construction law.\n  2. Petitions may be filed as follows:\n  a. Any person or public corporation may present to the department a\npetition for the organization of a river regulating district pursuant to\nthe provisions of title 21 of this article. Any such petitioner shall be\na resident or owner of real estate within the proposed district, or if a\npublic corporation, one whose boundaries lie wholly or partly within\nsuch district.\n  b. The petition shall set forth:\n  (1) The proposed name of the district, as the ............... River\nRegulating District.\n  (2) The necessity for the organization of such district, the purposes\nto be accomplished thereby and the benefits to inure from the exercise\nof its powers.\n  (3) A general description of the territory included in the proposed\ndistrict. Such description need not be given by metes and bounds, or by\npolitical subdivisions, but it shall be sufficient to state that the\nterritory to be included in the proposed district constitutes the\nwatershed of the particular river in reference to which the petition is\nfiled stating generally the extent of such watershed. In the event that\nthe district sought to be organized does not include the whole watershed\nof the particular river, but only the watershed of a tributary of the\nriver, then, the petition should generally set forth the extent of such\nwatershed, the reason why the watershed of the tributary should be\norganized as a separate river regulating district, and the relation of\nthe regulation of the flow of such tributary to and effect upon the flow\nof the river to which it is tributary.\n  (4) The extent of the regulation possible through the construction and\noperation of reservoirs.\n  (5) Whether state or private lands, or both, will be required, and in\ngeneral the extent thereof, and all such facts as would show or tend to\nshow the public necessity for the regulation of the flow of the river.\n  3. Hearings shall be held as follows:\n  a. Immediately upon the receipt of such petition, the department shall\ncause notice by publication pursuant to subdivision one of section\n15-1903 to be given of the pendency of the petition, and of the time and\nplace of a hearing thereon, and may appoint times and places for further\nhearings if deemed by it to be desirable.\n  b. Hearings shall be conducted in accordance with the procedure set\nforth in section 15-1903 of this article. If after such a hearing or\nhearings, it should appear that the purposes of title 21 of this article\nwould be best served by the creation of the river regulating district\nsought in the petition, the department shall thereupon so decide and\ndeclare. It shall then prepare and file a map of such district with a\ncertificate of its determination creating such district and showing the\nname, extent and purpose of the district, with the Secretary of State\nand the county clerk of each county wholly or partly within the\ndistrict, and notice of such decision shall be given in the manner set\nforth in section 15-0903.\n  4. Review is available according to the following provisions:\n  a. The decision of the department may be reviewed in accordance with\nthe provisions of section 15-0905. Upon failure so to review within the\ntime prescribed or if the action of the department is sustained or\nmodified on such review, the district shall thereupon become a river\nregulating district of the State of New York and a public corporation\nwith all the rights and powers granted by title 21 of this article. No\nsuch review shall be had excepting at the instance of the Attorney\nGeneral of the state unless prior to the application for the review the\nparty making application shall file a bond or undertaking in a sum to be\nfixed by the Supreme Court or a justice thereof with good and sufficient\nsureties to be approved by the court or a justice thereof agreeing to\npay all costs and expenses caused by such review as determined by the\ncourt in the proceeding in the event of failure to set aside or modify\nthe determination and order of the department creating such district.\n  b. After such a river regulating district shall have been created as a\npublic corporation hereunder, the certificate creating the same shall be\nfinal and binding upon all the public corporations and real estate\nwithin the district, and shall finally and conclusively establish the\nregular creation and organization of such district.\n  c. The organization of the district shall not be directly or\ncollaterally questioned in any suit, action or proceeding except as\nherein expressly provided.\n  5. Copies of the certificate certified by the department shall be\nrecorded in the office of the Secretary of the State and in the office\nof the county clerk of each county partly or wholly within the district\nand in the event of a review any order or judgment of the court\nthereupon shall be likewise recorded. The county clerks and the\nSecretary of the State shall receive for filing and recording such\ncopies and all papers to be filed and recorded by them under the\nprovisions of title 21 of this article. They shall also receive such\nfees as are, or hereafter may be, provided by law for like services in\nsimilar cases and all above mentioned fees shall be a part of the\npreliminary expenses.\n
N.Y. ENV Law § 11-2111 — New York Code / Act ENV / Article 11 / Title 21 / Section 11-2111
Posting; service of notice
Status: in_force

§ 11-2111. Posting; service of notice.\n  1. An area protected pursuant to this title and title nineteen of this\narticle shall be posted with signs not less than eleven inches by eleven\ninches, bearing a conspicuous statement as described in subdivision 2 of\nthis section which shall cover a space of not less than eighty square\ninches. Such signs shall be posted not more than six hundred sixty feet\napart, close to and along the boundaries of the area protected. At least\none sign shall be posted on each side of the protected area and on each\nside of each corner of the protected area, provided the corner can be\nreasonably ascertained. Illegible or torn-down signs shall be replaced\nat least once a year. Replacement of notices on state game refuges shall\nbe made in March, July, August or September.\n  2. Signs shall bear the name and address of the owner, lawful\noccupant, or other person or organization authorized to post the\nprotected area.  Signs shall bear a conspicuous statement which shall\neither (a) consist of the word "posted", or (b) warn against entry for\nspecified purposes or all purposes without the consent of the person or\norganization authorized to post the protected area. A statement\nconsisting of the word "Posted" shall have the effect of a warning\nagainst all such acts.  The department may by regulation authorize\nadditional contents of such signs, including but not limited to symbols\nindicating the acts which are prohibited.\n  3. Signs to prohibit the taking of fish may be posted by the\ndepartment up to one thousand feet from a fishway or dam erected by the\nstate in public waters, and shall read substantially: "All persons are\nprohibited by law from fishing in this stream between this point and the\nfishway (or dam)."\n  4. Personal service upon any person, in the name of the owner, lawful\noccupant, or other person or organization authorized to post signs as\nprovided in this section, of a notice in writing containing a\ndescription of the premises and a warning provided by this section for a\nposted sign, shall, after the service, have the same effect with respect\nto the person served as if the premises described in the notice were\nposted with such warning as provided in this section.\n  5. Private lands constituting the bed, banks and shores of waters\nstocked with fish by the department, with the consent of the owner of\nsuch lands, shall not be posted against public fishing within five years\nfrom the date of such stocking, except where an alternate arrangement\nhas been agreed to in writing by the department. Owner shall mean, for\npurposes of this subdivision, the owner, lawful occupant, or other\nperson or organization having authority to post such lands.\n  6. The provisions of this section shall not apply to the posting or\nerection of notices identifying a restricted area pursuant to section\n11-0321.\n
N.Y. PBA Law § 1621-F — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-F
Conveyance of property by the city to the authority; acquisition of property by the city or by the authority
Status: in_force

* § 1621-f. Conveyance of property by the city to the authority;\nacquisition of property by the city or by the authority. 1. The city\nmay, by resolution or resolutions of the common council or by\ninstruments authorized by such resolutions, convey, with or without\nconsideration, to the authority real and personal property owned by the\ncity for use by the authority as a project or projects or a part thereof\nor in connection therewith and pledge and pay to the authority, as\nsecurity for its bonds, notes or other liabilities, certain revenues and\nincome of the city from parking facilities owned or operated by the\ncity. In case of real property so conveyed, the title thereto shall\nremain in the city but the authority shall have the use and occupancy\nthereof for so long as its corporate existence shall continue, unless\notherwise provided for by the authority and the city. In the case of\npersonal property so conveyed, the title shall pass to the authority.\n  2. The city may acquire by gift, purchase or condemnation real\nproperty in the name of the city for any of the projects or for the\nwidening of existing roads, streets, parkways, avenues or highways or\nfor new roads, streets, parkways, avenues or highways to any of the\nprojects, or partly for such purposes and partly for other city\npurposes, by gift, purchase or condemnation in the manner provided by\nlaw for the acquisition of real property by the city. For like purposes,\nthe city may close such streets, roads, parkways, avenues, or highways\nas may be necessary or convenient, except as to state highways and\narterial ways which may not be closed without the consent of the state\ncommissioner of transportation.\n  3. Contracts may be entered into between the city and the authority\nproviding for the property to be conveyed or pledged or paid by the city\nto the authority, the additional property to be acquired by the city and\nso conveyed, the streets, roads, parkways, avenues, and highways to be\nclosed by the city and the amounts, terms and conditions of payment to\nbe made by the authority. Such contracts may also contain covenants by\nthe city as to the road, street, parkway, avenue and highway\nimprovements to be made by the city and as to such matters which pertain\nto any conveyance or pledge and payment of moneys or property to the\nauthority. Any such contracts between the city and the authority may be\npledged by the authority to secure its bonds and notes and may not be\nmodified thereafter except as provided by the terms of such contract and\nsuch pledge. The common council may authorize such contracts between the\ncity and the authority and no other authorization on the part of the\ncity for such contracts shall be necessary. Any such contracts may be so\nauthorized and entered into by the city and in such manner as the common\ncouncil may determine, and the payments required to be made by the city\nmay be made and financed notwithstanding that no provision therefor\nshall have first been made in the capital budget of the city. All\ncontractual or other obligations of the city incurred in carrying out\nthe provisions of this title shall be included in and provided for by\neach capital budget of the city thereafter made, if and to the extent\nthat they may appropriately be included therein.\n  4. Subject to subdivision four of section sixteen hundred twenty-one-d\nof this title, the authority may itself, subject to prior approval of\nthe common council, acquire, in the name of the city, real property\nnecessary or convenient in connection with any project at the cost and\nexpense of the authority by purchase or condemnation pursuant to the\neminent domain procedure law. The authority shall have the use and\noccupancy of such real property so long as its corporate existence shall\ncontinue.\n  5. In case the authority shall have the use and occupancy of any real\nproperty which it shall determine is no longer required for a project,\nthen, if such real property was acquired at the cost and expense of the\ncity, the authority shall have power to surrender its use and occupancy\nthereof to the city, or, if such real property was acquired at the cost\nand expense of the authority, then the authority shall have power to\nsell, lease or otherwise dispose of said real property at public sale,\nand shall retain and have the power to use the proceeds of sale, rentals\nor other moneys derived from the disposition thereof for its purposes.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. ENV Law § 71-2115 — New York Code / Act ENV / Article 71 / Title 21 / Section 71-2115
Penalty assessment criteria
Status: in_force

§ 71-2115. Penalty assessment criteria.\n  In determining the amount of any fine, penalty or sentence imposed\npursuant to this title, the commissioner or the court shall take into\nconsideration any evidence introduced by a party regarding the economic\nimpact of a penalty on a business, the compliance history of a violator,\ngood faith efforts of a violator to comply, any economic benefit\nobtained from noncompliance, the amount of risk or damage to public\nhealth or the environment caused by a violator, whether the violation\nwas procedural in nature, or such other factors as justice may require.\n
N.Y. PBA Law § 2490-J — New York Code / Act PBA / Article 8 / Title 21 / Section 2490-J
Remedies of bondholders
Status: in_force

§ 2490-j. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to paragraph (j) of subdivision three of\nsection twenty-four hundred ninety-i of this title. 1. In the event that\nthe authority shall default in the payment of principal of or interest\non any issue of bonds after the same shall become due, whether at\nmaturity or upon call for redemption, and such default shall continue\nfor a period of thirty days, or in the event that the authority shall\nfail or refuse to comply with the provisions of this title or shall\ndefault in any agreement made with the holders of any issue of bonds,\nthe holders of twenty-five percent in aggregate principal amount of the\nbonds of such issue then outstanding, by instrument or instruments filed\nin the office of the clerk of the county of Saratoga and proved or\nacknowledged in the same manner as a deed to be recorded, may appoint a\ntrustee to represent the holders of such bonds for the purpose herein\nprovided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding,\nshall in his or its own name:\n  (a) By action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to collect rents, rates and charges adequate to\ncarry out any agreement as to, or pledge of such rents, rates and\ncharges and to require the authority to carry out any other agreements\nwith the holders of such bonds to perform its duties under this title;\n  (b) Bring an action or proceeding upon such bonds;\n  (c) By action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) By action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) Declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in the county of Saratoga.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\n  6. Any such trustee whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject the revenues of which are pledged for the security of the bonds\nof such issue and such receiver may enter and take possession of such\npart or parts of the project and subject to any pledge or agreement with\nholders of such bonds shall take possession of all moneys and other\nproperty derived from such part or parts of the project and proceed with\nany construction thereon or the acquisition of any property, real or\npersonal, in connection therewith which the authority is under\nobligation to do, and to operate, maintain and reconstruct such part or\nparts of the project and collect and receive all revenues thereafter\narising therefrom subject to any pledge thereof or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the authority under the direction of\nthe court. In any suit, action, or proceeding by the trustee the fees,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom the project.\n  7. The trustee shall, in addition to the foregoing, have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n
N.Y. ENV Law § 11-2103 — New York Code / Act ENV / Article 11 / Title 21 / Section 11-2103
Acquisition and use of property
Status: in_force

§ 11-2103. Acquisition and use of property.\n  1. The department shall have power to acquire by lease, purchase,\ngift, devise, agreement or otherwise from any sources, lands, waters or\nlands and waters, or any right or interest therein for the purpose of\nestablishing and maintaining public hunting, trapping and fishing\ngrounds.\n  2. a. The department shall have power to receive real and personal\nproperty by gift or devise from any person or from the United States\nGovernment and to accept such property in the name of the people of the\nstate. Under this power any property of any nature or any rights therein\nmay be received and accepted if the department deems it suitable for\npurposes of fish and wildlife management.\n  b. Lands or waters accepted under this power shall be held for the use\nof the department and shall be improved or developed as the department\ndeems best for such purposes. Such lands and waters shall not become\npart of the forest preserve nor be subject to the limitation of section\n1 of article XIV of the State Constitution.\n  3. The department may purchase the shooting and fishing rights on\nlands or waters outside the Adirondack and Catskill parks and establish\ngame refuges thereon.\n
N.Y. ENV Law § 17-2103 — New York Code / Act ENV / Article 17 / Title 21 / Section 17-2103
Sale or use of phosphorus fertilizer restricted
Status: in_force

§ 17-2103. Sale or use of phosphorus fertilizer restricted.\n  1. No person shall apply or authorize any person by way of service\ncontract or other arrangement to apply in this state any phosphorus\nfertilizer on lawn or non-agricultural turf, except when:\n  (a) A soil test indicates that additional phosphorus is needed for\ngrowth of that lawn or non-agricultural turf; or\n  (b) The phosphorus fertilizer is used for newly established lawn or\nnon-agricultural turf during the first growing season.\n  2. Any retailer selling or offering for sale phosphorus fertilizer for\nuse on lawn or non-agricultural turf shall comply with the retail sale\nrequirements in section one hundred forty-six-g of the agriculture and\nmarkets law related to display of phosphorus fertilizer and the posting\nof educational signs.\n  3. No person shall apply fertilizer to:\n  (a) lawn or non-agricultural turf between December first and April\nfirst, annually;\n  (b) any impervious surface including parking lots, roadways, and\nsidewalks. If such application occurs, the fertilizer must be\nimmediately contained and either legally applied to lawn or\nnon-agricultural turf or placed in an appropriate container; or\n  (c) any lawn or non-agricultural turf on any real property within\ntwenty feet of any surface water, except that this restriction shall not\napply where a continuous natural vegetative buffer, at least ten feet\nwide, separates an area of lawn or non-agricultural turf and surface\nwater, and except that, where a spreader guard, deflector shield or drop\nspreader is used to apply fertilizer, such application may not occur\nwithin three feet of any surface water. This paragraph shall not apply\nto an application of fertilizer for newly established lawn or\nnon-agricultural turf during the first growing season.\n  4. Nothing in this title shall impair or supersede the authority of\nthe commissioner of agriculture and markets pursuant to articles ten and\ntwenty-five-AA of the agriculture and markets law.\n
N.Y. ENV Law § 15-2113 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2113
Discontinuance or relocation, or both, of highways, roads and streets
Status: in_force

§ 15-2113. Discontinuance or relocation, or both, of highways, roads and\n             streets.\n  1. If the board shall deem it necessary to discontinue a public\nhighway, road or street, or a part thereof, because of its interference\nwith the proper location of a reservoir for which preliminary plans\nshall have been adopted as provided in title 21 of this article, it may\ndiscontinue it; and if the board shall determine that the public\ninterest so requires, it may relocate such highway, road or street, or\nthe part discontinued, along a course wholly or partly within or without\nthe high flow line of such reservoir, and acquire, with funds of the\nboard applicable to the expense of such reservoir, in the manner\nprovided in title 21 of this article for the acquisition of real estate,\nthe necessary rights of way or easements for such relocated part, or in\nlieu of such a relocation may establish new highways to connect with\nthen existing highways, roads or streets, to afford a substantial\nequivalent, for purposes of highway traffic, of such a relocation. The\ndetermination of the board to relocate or establish any such highway,\nroad or street, shall be by resolution, setting forth a description of\nthe course of such highway, road or street, a certified copy of which\nshall be filed in the office of the clerk of each town and village\ncontaining any part of the relocated or new highway, road or street. If\nthe highway, or part thereof, so established or relocated shall be a\nstate or county highway, the resolution shall not be effective until\napproved by the state Commissioner of Transportation and his written\napproval appended thereto. From the time of the filing of such copy or\ncopies of the resolution, the relocated or connecting highway shall be\ndeemed duly laid out.\n  2. After having acquired the necessary rights of way or easements\ntherefor, the board, with its funds, shall construct such relocated or\nconnecting highway, road or street, or part thereof. If the highway, or\npart thereof, which is discontinued, be a state or county highway, or\npart thereof, the construction of the relocated or connecting highway\nshall be in accordance with plans approved by the state Commissioner of\nTransportation. If the highway, or part thereof, which is discontinued,\nbe a county road, or part thereof, the construction of the relocated or\nconnecting highway shall be in accordance with plans approved by the\ncounty superintendent of highways. In the case of any other highway ,\nroad or street, the board shall construct the same so as to make it\nconform in kind and quality generally to the discontinued highways,\nroads and streets.\n  3. The control and maintenance of the relocated or connecting highway,\nstreet or road, after its completion, shall vest in the local\nauthorities of the city, town or village, in which it or any part\nthereof is situated, and for such purpose it shall be deemed a highway,\nroad or street of the city, town or village, except that if the highway\nor road which was discontinued, or the part thereof discontinued, was a\nstate or county highway, or county road, the control and maintenance of\nthe relocated or connecting highway or road shall vest in the state or\ncounty authorities having charge of the discontinued highway or road,\nand for such purpose it shall be deemed a state or county highway, or\ncounty road, as the case may be.\n
N.Y. PBA Law § 1621-I — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-I
Bonds of the authority
Status: in_force

* § 1621-i. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue its negotiable\nbonds for any of its corporate purposes and to pay such expenses, costs\nand payments as may be deemed by the board necessary or desirable to or\nin connection with the acquisition, construction, reconstruction,\nimproving, equipping and furnishing of any project and the financing\nthereof, including surveys, planning, provisions for capitalized\ninterest, reserve funds and appropriate feasibility studies, and for the\nplacing of the project or projects in operation. The aggregate principal\namount of such bonds outstanding at any one time shall not exceed\ntwenty-five percent of the bonded indebtedness limitation from time to\ntime imposed by section 104.00 of the local finance law. The authority\nshall have power from time to time and whenever it deems refunding\nexpedient, to refund any bonds by the issuance of new bonds, whether the\nbonds to be refunded have or have not matured and may issue bonds partly\nto refund bonds then outstanding and partly for any other purpose\ndescribed in this subdivision. The refunding bonds may be exchanged for\nthe bonds to be refunded with such cash adjustments as may be agreed, or\nmay be sold and the proceeds applied to the purchase, payment or\nredemption of the bonds to be refunded. Except as may otherwise be\nexpressly provided by the authority, the bonds of every issue shall be\ngeneral obligations of the authority payable out of any moneys or\nrevenues of the authority, subject only to any agreements with the\nholders of particular bonds pledging any particular moneys or revenues.\nWhether or not the bonds are of such form and character as to be\nnegotiable instruments under article eight of the uniform commercial\ncode, the bonds shall be, and are hereby made, negotiable instruments\nwithin the meaning of and for all the purposes of the uniform commercial\ncode, subject only to the provisions of the bonds for registration.\n  2. The bonds shall be authorized by resolution of the board and shall\nbear such date or dates, mature at such time or times, not exceeding\nthirty years from their respective dates, bear interest at such rate or\nrates, payable annually or semi-annually, be in such denominations, be\nin such form, either coupon or registered, carry such registration\nprivileges, be executed in such manner, be payable in lawful money of\nthe United States of America at such place or places, and be subject to\nsuch terms of redemption, as such resolution or resolutions may provide.\nThe bonds may be sold at public or private sale for such price or prices\nas the authority shall determine; provided, however, that any private\nsale shall be subject to the approval of the state comptroller where\nsuch sale is not to the comptroller, or the director of the budget where\nsuch sale is to the comptroller.\n  3. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may contain provisions, which shall be a part of the contract with\nthe holders of the bonds thereby authorized, as to:\n  (a) pledging all or any part of the revenues of a project or projects\nand revenues and income of the authority to secure the payment of the\nbonds, subject to such agreements with bondholders as may then exist;\n  (b) the rentals, fees and other charges to be charged, and the amounts\nto be raised in each year thereby, and the use and disposition of the\nrevenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of a project;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or of any\nissue of the bonds;\n  (f) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) limitations on the amount of moneys derived from a project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall, the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section sixteen hundred twenty-one-p of this\ntitle, and limiting or abrogating the right of the bondholders to\nappoint a trustee under said section or limiting the rights, duties and\npowers of such trustee;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n  4. Notwithstanding any other provision of law, it is the intention\nhereof that any pledge of revenues or other moneys made by the authority\nshall be valid and binding from the time when the pledge is made; that\nthe revenues or other moneys so pledged and thereafter received by the\nauthority shall immediately be subject to the lien of such pledge\nwithout any physical delivery thereof or further act; and that the lien\nof any such pledge shall be valid and binding as against all parties\nhaving claims of any kind in tort, contract or otherwise against the\nauthority irrespective of whether such parties have notice thereof.\nNeither the resolution nor any other instrument by which a pledge is\ncreated need be recorded or filed in order to protect the security\ninterest granted.\n  5. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  6. The authority shall have power out of any funds available therefor\nto purchase bonds upon such terms and conditions as the authority may\ndetermine. The authority may hold, cancel or resell such bonds, subject\nto and in accordance with agreements with bondholders.\n  7. In the discretion of the authority, the bonds may be secured by a\ntrust indenture by and between the authority and a corporate trustee,\nwhich may be any trust company, bank or national banking association\nhaving the powers of a trust company in the state of New York. Such\ntrust indenture may contain such provisions for protecting and enforcing\nthe rights and remedies of the bondholders as may be reasonable and\nproper and not in violation of law, including covenants setting forth\nthe duties of the authority in relation to the construction,\nmaintenance, operation, repair and insurance of the project or projects,\nand the custody, safeguarding and application of all moneys, and may\nprovide that the project or projects shall be constructed and paid for\nunder the supervision and approval of consulting engineers. The\nauthority may provide by such trust indenture for the payment of the\nproceeds of the bonds and the revenues of the project or projects or\nother revenues of the authority to the trustee under such trust\nindenture or other depository, and for the method of disbursement\nthereof, with such safeguards and restrictions as it may determine. All\nexpenses incurred in carrying out such trust indenture may be treated as\na part of the cost of maintenance, operation, and repairs of the project\nor projects. If the bonds shall be secured by a trust indenture, the\nbondholders shall have no authority to appoint a separate trustee to\nrepresent them, and the trustee under such trust indenture shall have\nand possess all of the powers which are conferred by section sixteen\nhundred twenty-one-p of this title upon a trustee appointed by\nbondholders.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. ENV Law § 27-2111 — New York Code / Act ENV / Article 27 / Title 21 / Section 27-2111
Regulations
Status: in_force

§ 27-2111. Regulations.\n  The department shall promulgate and enforce any regulations necessary\nto implement the provisions of this title.\n  Such regulations shall provide for the proper storage, recycling and\ndisposal of mercury-added consumer products at facilities regulated\npursuant to titles seven and nine of this article.\n
N.Y. ENV Law § 27-2115 — New York Code / Act ENV / Article 27 / Title 21 / Section 27-2115
Interstate clearinghouse
Status: in_force

§ 27-2115. Interstate clearinghouse.\n  1. (a) The department is authorized to participate in the regional,\nmulti-state clearinghouse to assist in carrying out the requirements of\nthis title. The department is authorized to collect the following\ninformation from product manufacturers or trade associations\nrepresenting manufacturers of a product or component to which mercury is\nintentionally added during formulation or manufacture, or a product\ncontaining one or more components to which mercury is intentionally\nadded during formulation or manufacture:\n  (i) a brief description of the product or product component;\n  (ii) the purpose for which mercury is used in the product or product\ncomponent;\n  (iii) the amount of mercury in each unit of the product or component;\n  (iv) the total amount of mercury contained in all units of the product\nor product components; and\n  (v) the name and address of the manufacturer, and the name, address\nand phone number of a contact person for the manufacturer.\n  (b) Every mercury-added consumer product or product component for\nwhich federal law governs notice in a manner that preempts state\nauthority shall be exempt from the requirements of this subdivision.\n  (c) With the approval of the department, a manufacturer may supply the\ninformation required by paragraph (a) of this subdivision for a product\ncategory rather than an individual product. The manufacturer shall\nupdate and revise the information in the notification whenever there is\na significant change in the information or when requested by the\ndepartment.\n  (d) A product or product component shall not be offered for final\nsale, use or distributed for promotional purposes unless the\nmanufacturer of the product or product component or a trade association\nrepresenting manufacturers of the product or component has provided the\ninformation required in paragraph (a) of this subdivision.\n  2. The clearinghouse is authorized to maintain information on behalf\nof New York state, including, but not limited to: (a) a list of all\nproducts containing mercury, including mercury-added consumer products;\nand (b) a file on all exemptions granted by the states.\n
N.Y. ENV Law § 9-2101 — New York Code / Act ENV / Article 9 / Title 21 / Section 9-2101
Health and safety land account creation and use
Status: in_force

§ 9-2101. Health and safety land account creation and use.\n  1. Definitions. For purposes of this section:\n  a. "eligible project" means a public health or safety-related project\nnecessary where no viable alternative exists, limited to the following:\n  (i) address bridge hazards to improve public safety on county highways\nand town highways;\n  (ii) elimination of the hazards of dangerous curves and grades on\ncounty and town highways to improve public safety;\n  (iii) relocation, maintenance, and reconstruction of county highways\nand town highways, including associated culverts, for the purpose of\naddressing public safety provided that no relocation of any single\nrelocated portion shall exceed one mile in length;\n  (iv) water wells and necessary appurtenances when such wells are\nnecessary to meet drinking water quality standards and are located\nwithin five hundred thirty feet of state highways, county highways and\ntown highways; and\n  (v) stabilization devices for an existing utility pole adjacent to, or\nno more than the minimum distance from the width of highway necessary to\ncomply with standard safety practices.\n  Eligible projects shall not include the use of chemicals/herbicides\nfor clearing state land; the removal of trees and vegetation shall be\nminimized and the area shall promptly be restored to pre-project\nconditions to the maximum extent practicable.\n  b. "county highway" shall have the same meaning as defined in\nsubdivision four of section three of the highway law.\n  c. "forest preserve expansion fund" shall mean the fund established\npursuant to section ninety-seven-e of the state finance law.\n  d. "project sponsor" means a town, village, or county located in the\ncounties of Clinton, Delaware, Essex, Franklin, Fulton, Greene,\nHamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Sullivan,\nUlster, Warren and Washington.\n  e. "no viable alternative" means that no other option exists for the\neligible project to address ongoing public health or safety concerns\nother than through the use of state lands.\n  f. "state highway" means a state highway as defined in subdivisions\none, two and three of section three of the highway law.\n  g. "state lands" means lands owned by the state in forest preserve\ncounties that are under the jurisdiction of the department.\n  h. "town highway" means a town highway, as defined in subdivision five\nof section three of the highway law, in existence as of January first,\ntwo thousand fifteen, listed on the local highway inventory maintained\nby the department of transportation, and annually plowed and regularly\nmaintained.\n  i. "width of the highway" shall have the same meaning as paragraph k\nof subdivision one of section 9-2103 of this title.\n  2. Following approval by the legislature of two hundred fifty acres of\nland to be added to the forest preserve, a health and safety land\naccount of not more than two hundred fifty acres is created for use by\nproject sponsors for eligible projects necessary to protect health and\nsafety where no viable alternative is available. The account will be\nadministered by the department.\n  3. A project sponsor with an eligible project may apply to the health\nand safety land account to receive fractional or whole acreage for an\neligible project. Such application shall include:\n  a. a resolution from the governing body of the project sponsor that\nincludes:\n  (i) attestation that the project is necessary to address public health\nor safety and no viable alternatives exist;\n  (ii) attestation that such lands will only be used for eligible\npurposes and that any real property acquired shall not be sold, leased,\nexchanged, donated or otherwise disposed of or used for other than the\neligible purposes for which it was approved without the express\nauthority of an act of the legislature.\n  b. a detailed summary of the proposed eligible project, including the\nwhole action and all related activities, a detailed summary of the\nalternatives the project sponsor explored prior to arriving at the\nconclusion there were no viable alternatives;\n  c. specific metes and bounds, including total proposed acreage;\n  d. a narrative about the project, including a justification that the\nsize of the fractional or whole acreage sought for such eligible project\nfrom the health and safety land account is the minimum amount required;\n  e. monies at least equivalent to the fair market value of the state\nland proposed to be conveyed;\n  f. any necessary permits and authorizations; and,\n  g. an accurate survey.\n  4. Immediately upon determining that an application is complete, the\ndepartment shall cause a notice of application, which shall also include\nthe time period for public comments, to be published in the next\navailable state register and environmental notice bulletin as well as in\na newspaper having general circulation in the area in which the eligible\nproject is proposed to be located. Newspaper publications shall be\nprovided by the project sponsor.\n  5. The department shall hold a public hearing on each eligible project\nat which the public shall be given an opportunity to be heard.\n  6. The department, following consultation with the department of\ntransportation to determine that any required authorization has been\nprovided, shall only deem a project sponsor eligible to receive\nfractional or whole acreage from the health and safety land account\nfollowing a determination that:\n  a. the project meets the eligible project criteria, is necessary to\nprotect public health or safety and the eligible project has no viable\nalternative on land not owned by the state;\n  b. the project minimizes adverse environmental impact to the maximum\nextent practicable;\n  c. the project will not adversely impact viewsheds or lands with\nhistorical, ecological, environmental or recreational value, as\ndetermined by the department based on a resource inventory and\nassessment;\n  d. the monies to be paid by the project sponsor into the forest\npreserve expansion fund, are at least equivalent to the fair market\nvalue of the state land proposed to be conveyed; and\n  e. the project minimizes the fractional or whole acreage from the\nhealth and safety land account to the maximum extent practicable.\n  7. Once an application has been approved the commissioner shall cause\nto be prepared an accurate survey map showing the boundaries of all\nstate land proposed to be conveyed and shall notify the legislature.\n  8. a. Prior to the actual transfer of title or issuance of letters\npatent for an eligible project that is longer than one quarter mile that\nhas been approved by the department, the legislature shall approve each\neligible project and the monies to be paid into the forest preserve\nexpansion fund equal to or greater than the fair market value of the\nacreage to be conveyed from the health and safety land account. Once\napproved by the legislature, title to the land shall be approved and the\ndeed to the people of the state of New York of any lands dedicated shall\nbe approved by the attorney general as to form and manner of execution\nand recordability prior to its delivery.\n  b. Prior to the actual transfer of title or issuance of letters patent\nfor an eligible project that is less than one quarter linear mile total,\nwhich shall run and be measured parallel to the county highway or town\nhighway, and which runs no more than ten feet perpendicular beyond the\nwidth of the highway which shall mean three rods or the deeded, recorded\nmunicipal or state right of way or municipal or state easement in the\nexistence as of January first, two thousand fifteen and, which has been\napproved by the department, title to land shall be approved and the deed\nto the people of the state of New York of any lands dedicated shall be\napproved by the attorney general as to form and manner of execution and\nrecordability prior to its delivery.\n  9. Real property acquired, developed, improved, restored or\nrehabilitated by or through a project sponsor pursuant to this section\nshall not be leased, exchanged, donated or otherwise disposed of or used\nfor other than the eligible project for which it was approved without\nthe express authority of an act of the legislature. When the project\nsponsor determines such eligible project is no longer needed, the lands\nshall revert to the state for inclusion in the forest preserve. The\ndepartment shall prescribe the terms and conditions for the removal of\nany improvements to the land and restoration of the land to a natural,\nvegetative state.\n
N.Y. ENV Law § 23-2101 — New York Code / Act ENV / Article 23 / Title 21 / Section 23-2101
Interstate Compact to Conserve Oil and Gas
Status: in_force

§ 23-2101. Interstate Compact to Conserve Oil and Gas.\n  1. The Interstate Compact to Conserve Oil and Gas, as first enacted by\nchapter 501 of the laws of 1941, and as re-enacted by chapter 263 of the\nlaws of 1963, is hereby continued as follows:\n                INTERSTATE COMPACT TO CONSERVE OIL AND GAS\n                                ARTICLE I\n  This agreement may become effective within any compacting state at any\ntime as prescribed by that state, and shall become effective within\nthose states ratifying it whenever any three of the states of Texas,\nOklahoma, California, Kansas and New Mexico have ratified and Congress\nhas given its consent. Any oil-producing state may become a party\nthereto as hereinafter provided.\n                                ARTICLE II\n  The purpose of this compact is to conserve oil and gas by the\nprevention of physical waste thereof from any cause.\n                                ARTICLE III\n  Each state bound hereby agrees that within a reasonable time it will\nenact laws, or if laws have been enacted, then it agrees to continue the\nsame in force, to accomplish within reasonable limits the prevention of:\n  (a) The operation of any oil well with an inefficient gas-oil ratio.\n  (b) The drowning with water of any stratum capable of producing oil or\ngas, or both oil and gas in paying quantities.\n  (c) The avoidable escape into the open air of the wasteful burning of\ngas from a natural gas well.\n  (d) The creation of unnecessary fire hazards.\n  (e) The drilling, equipping, locating, spacing or operating of a well\nor wells so as to bring about physical waste of oil or gas or loss in\nthe ultimate recovery thereof.\n  (f) The inefficient, excessive or improper use of the reservoir energy\nin producing any well.\n  The enumeration of the foregoing subjects shall not limit the scope of\nthe authority of any state.\n                                ARTICLE IV\n  Each state bound hereby agrees that it will, within a reasonable time,\nenact statutes, or if such statutes have been enacted then that it will\ncontinue the same in force, providing in effect that oil produced in\nviolation of its valid oil and/or gas conservation statutes or any valid\nrule, order or regulation promulgated thereunder, shall be denied access\nto commerce; and providing for stringent penalties for the waste of\neither oil or gas.\n                                 ARTICLE V\n  It is not the purpose of this compact to authorize the states joining\nherein to limit the production of oil or gas for the purpose of\nstabilizing or fixing the price thereof, or create or perpetuate\nmonopoly, or to promote regimentation, but is limited to the purpose of\nconserving oil and gas and preventing the avoidable waste thereof within\nreasonable limitations.\n                                ARTICLE VI\n  Each state joining herein shall appoint one representative to a\ncommission hereby constituted and designated as THE INTERSTATE OIL\nCOMPACT COMMISSION, the duty of which said Commission shall be to make\ninquiry and ascertain from time to time such methods, practices,\ncircumstances and conditions as may be disclosed for bringing about\nconservation and at such intervals as said commission deems beneficial\nit shall report its findings and recommendations to the several states\nfor adoption or rejection.\n  The commission shall have power to recommend the coordination of the\nexercise of the police powers of the several states within their several\njurisdictions to promote the maximum ultimate recovery from the\npetroleum reserves of said states, and to recommend measures for the\nmaximum ultimate recovery of oil and gas. Said Commission shall organize\nand adopt suitable rules and regulations for the conduct of its\nbusiness.\n  No action shall be taken by the Commission except:\n  (a) By the affirmative votes of the majority of the whole number of\nthe compacting states, represented at any meeting, and\n  (b) By a concurring vote of a majority in interest of the compacting\nstates at said meeting, such interest to be determined as follows:\n  Such vote of each state shall be in the decimal proportion fixed by\nthe ratio of its daily average production during the preceding calendar\nhalf-year to the daily average production of the compacting states\nduring said period.\n                                ARTICLE VII\n  No state by joining herein shall become financially obligated to any\nother state, nor shall the breach of the terms hereof by any state\nsubject such state to financial responsibility to the other states\njoining herein.\n                               ARTICLE VIII\n  This compact shall expire September 1, 1937, but any state joining\nherein may, upon sixty (60) days notice, withdraw herefrom. The\nrepresentatives of the signatory states have signed this agreement in a\nsingle original which shall be deposited in the archives of the\nDepartment of State of the United States, and a duly certified copy\nshall be forwarded to the Governor of each of the signatory states.\n  This compact shall become effective when ratified and approved as\nprovided in Article I of this compact. Any oil-producing state may\nbecome a party hereto by affixing its signature to a counterpart to be\nsimilarly deposited, certified and ratified.\n  Done in the City of Dallas, Texas, this sixteenth day of February,\n1935.\n                               E. W. MARLAND\n                  The Governor of the State of Oklahoma\n                             JAMES V. ALLRED\n                   The Governor of the State of Texas\n                             R. L. PATTERSON\n                       For the State of California\n                              FRANK VESELY\n                               E. H. WELLS\n                               HUGH BURCH\n                              HIRAM M. DOW\n                       For the State of New Mexico\n  The following representatives recommend to their respective Governors\nand Legislatures the ratification of the foregoing agreement:\n                               JOHN W. OLVEY\n                               of Arkansas\n                           WARWICK M. DOWNING\n                               of Colorado\n                              WILLIAM BELL\n                               of Illinois\n                         GORDON E. VAN EENANAAM\n                              GERALD COTTER\n                               of Michigan\n                             RALPH J. PRYOR\n                              E. B. SHAWVER\n                              T. C. JOHNSON\n                                of Kansas\n  2. The Governor of this state is authorized and empowered, on behalf\nof the state, to execute agreements for the further extension of the\noperation of such compact and to determine if and when it shall be for\nthe best interests of this state to withdraw from such compact upon\nsixty days' notice as provided therein. In the event the Governor shall\ndetermine that the state should withdraw from such compact, he shall\nhave full power and authority to give necessary notice and to take any\nand all steps necessary and proper to effect the withdrawal of this\nstate from such compact.\n  3. The Commissioner shall be the official representative of this state\non the Interstate Oil Compact Commission. At the direction of the\ncommissioner, any other officer or employee of the department may serve\nas substitute representative in the place and stead of the commissioner.\nThe commissioner shall consult and coordinate with the president of the\nNew York state energy research and development authority on issues\nrelating to state energy policy.\n  4. The Interstate Oil Compact Commission shall submit annually in\naccordance with the laws and practices of this state, to the department,\nfor study and consideration an estimate of moneys required to\nadminister, manage and support the commission during the ensuing fiscal\nyear. Such estimate shall include any request for appropriation of funds\nby New York and shall be accompanied by a tabulation of similar requests\nwhich the commission expects to make to each other member state and the\nformula or factors upon which such respective requests are based.\n  5. The department shall include a suitable item or items of estimated\nexpenditures for the Interstate Oil Compact Commission in the budget\nestimates of the department.\n  6. The State Comptroller is hereby authorized and empowered from time\nto time to examine the accounts and books of the commission, including\nits receipts, disbursements and such other items referring to its\nfinancial standing as such Comptroller may deem proper and to report the\nresults of such examination to the Governor.\n  7. No provision of the Conservation Law, and no provision of the\nEnvironmental Conservation Law, if such provision of the Environmental\nConservation Law was derived from a provision of the Conservation Law,\nwhich is inconsistent with the provisions of the Interstate Compact to\nConserve Oil and Gas shall be applicable to the Interstate Oil Compact\nCommission or to any matter governed by the Interstate Compact to\nConserve Oil and Gas.\n  8. Nothing in this section is intended or shall be construed to\nprevent or prohibit the production of oil by water induction methods\ncommonly called water flooding nor to require or necessitate the\nenactment of conservation statutes unless and until the Legislature\nshall determine by law that such statutes are advisable or necessary to\nprevent the physical waste of oil or gas.\n  9. The commissioner shall make such reports to the Interstate Oil\nCompact Commission and the Governor as he deems appropriate.\n  10. When the Governor on behalf of the state, executes any agreement\nfor the extension of the operation of the compact herein set forth, he\nshall affix his signature thereto under a recital that such agreement is\nexecuted pursuant to the provisions of the compact, subject to the\nlimitations and qualifications which are contained in the several\nsubdivisions of this section and are in aid and furtherance thereof.\n
N.Y. PBA Law § 2490-Q — New York Code / Act PBA / Article 8 / Title 21 / Section 2490-Q
Inconsistent provisions in other acts superseded
Status: in_force

§ 2490-q. Inconsistent provisions in other acts superseded. Insofar as\nthe provisions of this title are inconsistent with the provisions of any\nother act, general or special, or of any local law of the city, the\nprovisions of this title shall be controlling.\n
N.Y. ENV Law § 71-2103 — New York Code / Act ENV / Article 71 / Title 21 / Section 71-2103
Violations; civil liability
Status: in_force

§ 71-2103. Violations; civil liability.\n  1. Except as provided in section 71-2113, any person who violates any\nprovision of article nineteen or any code, rule or regulation which was\npromulgated pursuant thereto; or any order except an order directing\nsuch person to pay a penalty by a specified date issued by the\ncommissioner pursuant thereto, shall be liable, in the case of a first\nviolation, for a penalty not less than five hundred dollars nor more\nthan eighteen thousand dollars for said violation and an additional\npenalty of not to exceed fifteen thousand dollars for each day during\nwhich such violation continues. In the case of a second or any further\nviolation, the liability shall be for a penalty not to exceed twenty-six\nthousand dollars for said violation and an additional penalty not to\nexceed twenty-two thousand five hundred dollars for each day during\nwhich such violation continues. In addition thereto, such person may be\nenjoined from continuing such violation as hereinafter provided.\n  2. The penalty provided for in subdivision 1 of this section shall be\nrecoverable in an action brought by the Attorney General.\n  3. An action or cause of action for the recovery of a penalty under\narticle 19 may be settled or compromised by the Attorney General after\nproceedings are brought to recover such penalties prior to the entry of\njudgment therefor.\n  4. Any fines collected for violations of section 19-0320 of this\nchapter shall be deposited in the clean air fund, to the credit of the\nmobile source account, in accordance with the provisions of section\nninety-seven-oo of the state finance law.\n
N.Y. PBA Law § 2490-P — New York Code / Act PBA / Article 8 / Title 21 / Section 2490-P
Title not affected if in part unconstitutional or ineffective
Status: in_force

§ 2490-p. Title not affected if in part unconstitutional or\nineffective. If any section, clause or provision of this title shall be\nunconstitutional or be ineffective in whole or in part, to the extent\nthat it is not unconstitutional or ineffective, it shall be valid and\neffective and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n
N.Y. ENV Law § 27-2101 — New York Code / Act ENV / Article 27 / Title 21 / Section 27-2101
Definitions
Status: in_force

§ 27-2101. Definitions.\n  As used in this title:\n  1. "Hazardous waste management facility" shall have the same meaning\nas "commercial hazardous waste facilities" as defined in section 27-0901\nof this article.\n  2. "Collector" means any person who accepts mercury-added consumer\nproducts in order to transfer them to a solid waste management facility,\na hazardous waste management facility or another collector.\n  3. "Consumer" means any person who purchases a mercury-added consumer\nproduct for use other than resale.\n  4. "Dispose" or "disposal" means the abandonment, discharge, deposit,\ninjection, dumping, spilling, leaking or placing of any substance so\nthat such substance or any related constituent thereof may enter the\nenvironment. Disposal also means the thermal destruction of waste or\nhazardous waste and the burning of such wastes as fuel for the purpose\nof recovering useable energy.\n  5. "Distributor" means any person who sells mercury-added consumer\nproducts to a retailer in this state, including any manufacturer who\nsells to retailers in the state.\n  6. "Manufacturer" means any person who manufactures mercury-added\nconsumer products.\n  7. "Mercury-added consumer product" means any device or material into\nwhich elemental mercury or mercury compounds are intentionally added\nduring such device's or material's formulation or manufacture, and in\nwhich the continued presence of mercury is required to provide a\nspecific characteristic, appearance or quality, or to perform a specific\nfunction. Such term shall include, but not be limited to\nmercury-containing:\n  (a) thermostats;\n  (b) thermometers;\n  (c) switches, whether individually or as part of another product;\n  (d) medical or scientific instruments;\n  (e) electrical relays and other electrical devices;\n  (f) lamps; and\n  (g) batteries sold to consumers, not including button batteries.\n  8. "Mercury-added novelty consumer product" means a mercury-added\nconsumer product intended mainly for personal or household enjoyment or\nadornment. Mercury-added novelty consumer products include, but are not\nlimited to, items intended for use as practical jokes, figurines,\nadornments, toys, games, cards, ornaments, yard statues and figures,\ncandles, jewelry, holiday decorations, items of apparel (including\nfootwear), or similar products. A product is not a mercury-added novelty\nconsumer product solely on the basis that it is a game with a light\nscreen display containing mercury, or includes a removable battery\ncontaining mercury.\n  9. "Mercury fever thermometer" or "mercury body thermometer" means a\nmercury-added consumer product that is used for measuring body\ntemperature. A product is not a "mercury fever thermometer" or "mercury\nbody thermometer" solely on the basis that it includes a removable\nbattery containing mercury.\n  10. "Solid waste" means solid waste as defined in section 27-0701 of\nthis article.\n  11. "Retailer" means any person in this state who sells new\nmercury-added consumer products to consumers for purposes other than\nresale.\n  12. "Solid waste management facility" means a solid waste management\nfacility as defined in section 27-0701 of this article.\n  13. "Elemental mercury" means the material represented by the chemical\nsymbol Hg. Elemental Hg is a silvery-white liquid (at room temperature)\nwith an atomic number of 80 and an atomic mass of 200.59.\n  14. "Mercury barometer" means a mercury-added consumer product used\nfor measuring atmospheric pressure.\n  15. "Mercury esophageal dilator" or "mercury bougie tube" means a\nmercury-added consumer product in the form of a long, flexible tube that\nis passed down a patient's esophagus to dilate a narrowed area.\n  16. "Mercury flow meter" means a mercury-added consumer product used\nfor measuring the flow or quantity of a moving fluid or gas.\n  17. "Mercury hydrometer" means a mercury-added consumer product used\nfor measuring the specific gravity of a liquid.\n  18. "Mercury hygrometer" or "mercury psychrometer" means a\nmercury-added consumer product used for measuring the water vapor\ncontent of air.\n  19. "Mercury gastrointestinal tube" means a mercury-added consumer\nproduct in the form of a tube used for addressing intestinal\nobstructions.\n  20. "Mercury manometer" means a mercury-added consumer product used\nfor measuring the pressure of liquids and gases.\n  21. "Mercury pyrometer" means a mercury-added consumer product used\nfor measuring the temperature of extremely hot materials.\n  22. "Mercury sphygmomanometer" means a mercury-added consumer product\nused for measuring blood pressure in the arteries.\n  23. "Mercury thermometer" means a mercury-added consumer product used\nfor measuring temperature.\n  24. "Mercury thermostat" means a mercury-added consumer product that\nuses a mercury switch to sense and control room temperature through\ncommunication with heating, ventilating or air conditioning equipment.\nSuch term includes thermostats used to sense and control room\ntemperature in residential, commercial, industrial and other buildings,\nbut does not include a thermostat used to control temperature as part of\na manufacturing process.\n  25. "Mercury relay" means a mercury-added consumer product or device\nthat opens or closes electrical contacts to affect the operation of\nother devices in the same or another electrical circuit. Such term\nincludes mercury displacement relays and mercury contact relays but\nshall not include mercury wetted reed relays.\n  26. "Mercury switch" means a mercury-added consumer product or device\nthat opens or closes an electrical circuit or gas valve. Such term\nincludes mercury float switches actuated by rising or falling liquid\nlevels, mercury tilt switches actuated by a change in the switch\nposition, mercury pressure switches actuated by a change in pressure,\nand mercury temperature switches actuated by a change in temperature but\nshall not include mercury flame sensors. Mercury switch does not include\na mercury thermostat.\n  27. "Household" means a single or multiple family residence.\n  28. "Manufacturer" means any person, firm, association, partnership,\nlimited liability company, corporation, governmental entity,\norganization, combination or joint venture which is the last entity to\nproduce or assemble a new motor vehicle that utilizes mercury-added\ncomponents or, in the case of an imported motor vehicle, the importer or\ndomestic distributor of such vehicle.\n  29. "Mercury-added component" means a motor vehicle component that\ncontains greater than fifteen milligrams of mercury, which was\nintentionally added to such vehicle in order to provide a specific\ncharacteristic, appearance or quality, to perform a specific function,\nor for any other purpose. Such components shall include, but not be\nlimited to, switches, sensors, lights and navigational systems.\n  30. "Mercury-added lamp" means an electric lamp to which mercury or\nmercury compounds are intentionally added during the manufacturing\nprocess, including, but not limited to, compact fluorescent lamps,\nfluorescent lamps and tubular fluorescent lamps with normal or long\nlifetime.\n  31. "Producer of mercury-added lamps" means any person who:\n  (a) manufactures and sells mercury-added lamps under its own brand;\n  (b) resells under its own brand equipment produced by other suppliers,\na reseller not being regarded as the producer of mercury-added lamps if\nthe brand of the producer of mercury-added lamps appears on the\nequipment, as provided for in paragraph (a) of this subdivision; or\n  (c) serves as the importer or domestic distributor of a mercury-added\nlamp if the brand name owner is located outside of the United States.\n  32. "General purpose lights" means lamps, bulbs, tubes, or other\nelectric devices that provide functional illumination for indoor\nresidential, indoor commercial, and outdoor use. General purpose lights\nshall not include special purpose lights.\n  33. "Special purpose lights" means the following specialty lighting:\nappliance, black light, germicidal, colored, plant light, reflector,\nreprographic, shatter-resistant, cold temperature, sign service, and\npreheat.\n  34. "Long lifetime" means more than twenty-four thousand hours when\ntested on a T8 instant start ballast, a T12 rapid start ballast, or a T5\nprogrammed start ballast, and turned on and off every three hours\n("three hour starts").\n
N.Y. ENV Law § 15-2123 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2123
Assessments; how levied and collected
Status: in_force

§ 15-2123. Assessments; how levied and collected.\n  1. After the apportionment of cost has been made and filed in\naccordance with the provisions of section 15-2121 hereof, the board\nshall prepare a statement showing the name of each public corporation\nand a description of each parcel of real estate benefited by such\nreservoir and the amount to be borne by each as determined in the\napportionment. The board shall also determine and state whether the\namounts shall be paid in one sum or in annual installments, in such\namounts as the board shall annually determine to be necessary.\n  2. A copy of such statement duly verified under the seal of the\ndistrict shall be filed with the clerk of each county, town, village or\ncity affected or containing any real estate which is benefited. The\nclerk of every such county, city, town or village shall make and deliver\nto the county legislative body of such county, the common council of\nsuch city, the board of trustees of such village, and the assessors of\nsuch town, city or village a copy of such statement.\n  3. The county legislative body of every such county shall levy and\nassess upon such county and upon each town specified in such statement\nthe amount of such cost and expense which in such statement is certified\nto be the proportion thereof which should be borne by such county or\nsuch town as a whole, and the common council or other governing body of\neach city and the board of trustees of every such village shall in like\nmanner levy and assess upon such city and village respectively the\namount of such cost and expense which in such statement is certified to\nbe the proportion thereof which should be borne by such city and village\nrespectively. The assessors of each town or city, containing individual\nreal estate upon which a proportion of such cost is assessed, shall\nenter on a separate page of their assessment roll a statement of the\ntotal amount to be paid by such individual real estate, a description of\neach parcel and of the property rights defined as real estate herein and\nthe amount chargeable thereto, as contained in the statement filed. The\ncounty legislative body of each county wherein such property or land is\nsituate shall levy and assess against each such parcel and each such\nproperty right defined as real estate herein the amount specified in the\nstatement, and shall by their warrant direct the collection thereof in\nthe same manner and by the same procedure as general taxes are\ncollected; and in case it is determined that the amount is to be paid in\nannual installments, the county legislative body or the assessors of the\ncity, town or village, as the case may be, shall annually assess the\nannual installment to be paid by such county, city, town or village or\nperson in the manner provided by this section until the whole amount\nshall be paid.\n  4. Upon the assessment of the cost as provided in this section, the\namounts apportioned and assessed shall be paid and remain charges\nagainst the several public corporations and liens upon the several\nproperties charged therewith, until paid or otherwise removed, superior\nin force and effect to all other liens except unpaid general taxes. All\nmoneys collected under and by virtue of the provisions of this section\nshall be paid to the county treasurer of the county benefited or the\ncounty in which the town, city, village or real estate is located who\nshall pay the same on or before the first day of June in each year to\nthe Comptroller of the state, who shall deposit the same in depository\nbanks to the credit of the several funds of such district as herein\nprovided. In event that it has been determined that the cost of the\nimprovement shall be paid in installments, interest for one year at a\nrate not higher than the rate of interest secured by the obligations to\nwhich the assessments are applicable, and not more than sufficient to\npay the same, shall be added to the amount of each installment, on the\ncost of the improvement less the installment or installments previously\nlevied or assessed, and be collected in the manner provided for the\ncollection of the principal of the assessment.  In the case of default\nin payment of assessments or any installment thereof levied as herein\nprovided, the same penalties shall be collected as are provided in the\ncase of failure to pay general taxes within the time prescribed by law,\nand when collected shall be deemed a part of the assessment.\n  5. If the assessment, together with the amount appropriated by the\nstate, be insufficient to pay the obligations issued on account of such\nimprovement, the board shall make a new assessment or assessments, as\nthe case may be, to make up the deficiency, and the owner and holder of\nany obligations issued under title 21 of this article may by appropriate\nremedy compel the assessment of such deficiency.\n  6. Notwithstanding the provisions of subdivision four of this section,\nall moneys required to be collected under and by virtue of the\nprovisions of this section may be paid directly to the river regulating\ndistrict responsible for levying the assessment, provided the payment is\nmade prior to the thirty-first day of October of the year in which the\nassessment is levied. Any direct payments received by the river\nregulating district shall be forwarded by the district to the state\ncomptroller, who shall deposit the same in depository banks to the\ncredit of the several funds of such district as herein provided. Upon\nreceipt of any such direct payments, the river regulating district board\nshall notify the appropriate county treasurer to whom such payments\nwould have been made under subdivision four of this section had not\ndirect payment been made to the river regulating district. All moneys\nrequired to be collected and not paid directly to the river regulating\ndistrict by the thirty-first day of October of the year in which the\nassessment is levied shall be payable to the county treasurer as\nprovided under subdivision four of this section and shall be subject to\na service fee of one percent of the total amount assessed which shall be\nadded to the amount to be collected and which shall be in addition to\nany penalties which may be imposed in the case of failure to pay general\ntaxes within the time prescribed by law and when collected, such\npenalties shall be deemed a part of the assessment. All service fees\ncollected by county treasurers pursuant to this subdivision shall be\nretained by the county treasurer and deposited in the general fund of\nthe county, provided the moneys collected under the annual assessment\ninstallment are paid to the comptroller of the state within thirty days\nof their receipt by such county treasurer.  Otherwise, the county\ntreasurer shall pay over the entire service fee collected to the\ncomptroller of the state for deposit to the credit of the several funds\nof the river regulating district in the same manner as moneys collected\nunder the annual installments of the assessments provided for herein.\n
N.Y. ENV Law § 15-2115 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2115
Taxation of real estate
Status: in_force

§ 15-2115. Taxation of real estate.\n  Lands owned by the state and acquired pursuant to the provisions of\ntitle 21 of this article, exclusive of the improvements erected thereon\nby the regulating districts, shall be assessed and taxed in the same\nmanner as state lands subject to taxation pursuant to title 2 of article\n5 of the Real Property Tax Law, provided, however, that the aggregate\nassessed valuations of such lands in any town shall not be reduced below\nthe aggregate assessed valuations thereof with the improvements thereon\nat the time of their acquisition by the regulating districts, and\nprovided further that in case of a general increase in assessments in\nany town the assessed valuations of the lands and improvements at the\ntime of their acquisition by the regulating districts shall be deemed to\nhave been increased proportionately with the increase of other real\nproperty in such tax district.\n
N.Y. ENV Law § 71-2113 — New York Code / Act ENV / Article 71 / Title 21 / Section 71-2113
Violations of section 19-0304 of article 19 of this chapter
Status: in_force

§ 71-2113. Violations of section 19-0304 of article 19 of this chapter.\n  1. Civil and administrative sanctions. Any person who violates any of\nthe provisions of, or who fails to perform any duty imposed by section\n19-0304 of this chapter, or any rule or regulation promulgated pursuant\nthereto, or any term or condition of any certificate or permit issued\npursuant thereto, or any final determination or order of the\ncommissioner made pursuant to article 19 of this chapter concerning a\nviolation of section 19-0304 of this chapter shall be liable in the case\nof a first violation, for a civil penalty not to exceed thirty-seven\nthousand five hundred dollars and an additional penalty of not more than\nthirty-seven thousand five hundred dollars for each day during which\nsuch violation continues, to be assessed by the commissioner after an\nopportunity to be heard pursuant to the provisions of section 71-1709 of\nthis article, or by the court in any action or proceeding pursuant to\nsection 71-2107 of this title, and, in addition thereto, such person may\nby similar process be enjoined from continuing such violation and any\npermit or certificate issued to such person may be revoked or suspended\nor a pending renewal application denied. In the case of a second and any\nfurther violation, the liability shall be for a civil penalty not to\nexceed seventy-five thousand dollars for each such violation and an\nadditional penalty not to exceed seventy-five thousand dollars for each\nday during which such violation continues.\n  2. Criminal sanctions. Any person who, having any of the culpable\nmental states defined in section 15.05 of the penal law, shall violate\nany of the provisions of or who fails to perform any duty imposed by\nsection 19-0304 of this chapter, or any rules and regulations\npromulgated pursuant thereto, or any term or condition of any\ncertificate or permit issued pursuant thereto, or any final\ndetermination or order of the commissioner made pursuant to article 19\nof this chapter concerning a violation of section 19-0304 of this\nchapter shall be guilty of a misdemeanor and, upon conviction thereof,\nshall for a first conviction be punished by a fine not to exceed\nthirty-seven thousand five hundred dollars per day of violation or by\nimprisonment for a term of not more than one year, or both such fine and\nimprisonment. If the conviction is for an offense committed after a\nfirst conviction of such person under this subdivision, punishment shall\nbe by a fine not to exceed seventy-five thousand dollars per day of\nviolation, or by imprisonment for not more than two years or by both\nsuch fine and imprisonment.\n
N.Y. PBA Law § 2490-A — New York Code / Act PBA / Article 8 / Title 21 / Section 2490-A
Short title
Status: in_force

§ 2490-a. Short title. This title may be cited as the "Saratoga\nSprings city center authority".\n
N.Y. PBA Law § 2490-I — New York Code / Act PBA / Article 8 / Title 21 / Section 2490-I
Bonds of the authority
Status: in_force

§ 2490-i. Bonds of the authority. 1. The authority shall have the\npower and is hereby authorized from time to time to issue its negotiable\nbonds in conformity with applicable provisions of the uniform commercial\ncode for its corporate purposes in the aggregate principal amount of not\nexceeding fifteen million dollars. The authority shall have power from\ntime to time and whenever it deems refunding expedient to refund any\nbonds by the issuance of new bonds, whether the bonds to be refunded\nhave or have not matured, and may issue bonds partly to refund bonds\nthen outstanding and partly for any other purpose hereinabove described.\nIn computing the total amount of bonds of the authority, which may at\nany time be outstanding, the amount of the outstanding bonds to be\nrefunded from the proceeds of the sale of new bonds or by exchange for\nnew bonds shall be excluded.  Except as may otherwise be expressly\nprovided by the authority, the bonds of every issue shall be general\nobligations of the authority payable out of any moneys or revenues of\nthe authority, subject only to any agreements with the holders of\nparticular bonds pledging any particular moneys or revenues.\n  2. Bonds shall be authorized by resolution of the authority, be in\nsuch denominations and bear such date or dates, mature at such time or\ntimes, except that notes and any renewals thereof shall mature within\nfive years from the date of the original issuance and bonds and any\nrenewals thereof shall mature within thirty years from the date of the\noriginal issuance. The bonds and notes shall be subject to such terms of\nredemption, bear interest at such rate or rates payable at such times,\nbe in such form, either coupon or registered, carry such registration\nprivileges, be executed in such manner, be payable in such medium of\npayment at such place or places, and be subject to such terms and\nconditions as such resolution may provide. Bonds may be sold at public\nor private sale for such price or prices as the authority shall\ndetermine.\n  3. Any resolution or resolutions authorizing bonds or any issue of\nbonds may contain provisions which may be a part of the contract with\nthe holders of the bonds thereby authorized as to:\n  (a) Pledging all or any part of the revenues, other moneys or property\nof the authority to secure the payment of the bonds, including but not\nlimited to any contracts, earnings or proceeds of any grant to the\nauthority received from any private or public source;\n  (b) The setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) Limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) The rates, rents, fees and other charges to be fixed and collected\nby the authority and the amount to be raised in each year thereby and\nthe use and disposition of revenues;\n  (e) Limitations on the right of the authority to restrict and regulate\nthe use of the project or part thereof in connection with which bonds\nare issued;\n  (f) Limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding or other bonds;\n  (g) The procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds, the\nholders of which must consent thereto and the manner in which such\nconsent may be given;\n  (h) The creation of special funds into which any revenues or moneys\nmay be deposited;\n  (i) The terms and provisions of any trust deed or indenture securing\nthe bonds under which the bonds may be issued;\n  (j) Vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section twenty-four hundred ninety-j of this\ntitle and limiting or abrogating the rights of the bondholders to\nappoint a trustee under such section or limiting the rights, duties and\npowers of such trustee;\n  (k) Defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title;\n  (l) Limitations on the power of the authority to sell or otherwise\ndispose of any project or any part thereof;\n  (m) Limitations on the amount of revenues and other moneys to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (n) The payment of the proceeds of bonds, revenues and other moneys to\na trustee or other depository, and for the method of disbursement\nthereof with such safeguards and restrictions as the authority may\ndetermine; and\n  (o) Any other matters of like or different character which in any way\naffect the security or protection of the bonds or the rights and\nremedies of bondholders.\n  4. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements as the authority may\ndeem necessary, consistent or desirable concerning the use or\ndisposition of its revenues or other moneys or property, including the\nmortgaging of any property and the entrusting, pledging or creation of\nany other security interest in any such revenues, moneys or property and\nthe doing of any act (including refraining from doing any act) which the\nauthority would have the right to do in the absence of such agreements.\nThe authority shall have power to enter into amendments of any such\nagreements within the powers granted to the authority by this title and\nto perform such agreements. The provisions of any such agreements may be\nmade a part of the contract with the holders of bonds of the authority.\n  5. Any provision of the uniform commercial code to the contrary\nnotwithstanding, any pledge of or other security interest in revenues,\nmoneys, accounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a plege or security interest is created nor any\nfinancing statement need be recorded or filed.\n  6. Whether or not the bonds are of such form and character as to be\nnegotiable instruments under the terms of the uniform commercial code,\nthe bonds are hereby made negotiable instruments within the meaning of\nand for all the purposes of the uniform commercial code, subject only to\nthe provisions of the bonds for registration.\n  7. Neither the members of the authority nor any person executing bonds\nshall be liable personally thereon or be subject to any personal\nliability or accountability by reason of the issuance thereof.\n  8. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power out of any moneys available therefor to\npurchase bonds of the authority, which shall thereupon be cancelled, at\na price not exceeding:\n  (a) If the bonds are then redeemable, the redemption price then\napplicable, plus accrued interest to the next interest payment date;\n  (b) If the bonds are not then redeemable, the redemption price\napplicable on the first date after such purchase upon which the bonds\nbecome subject to redemption plus accrued interest to the next interest\npayment date.\n
N.Y. ENV Law § 11-2115 — New York Code / Act ENV / Article 11 / Title 21 / Section 11-2115
Posted and unposted lands; failure to leave on request
Status: in_force

§ 11-2115. Posted and unposted lands; failure to leave on request.\n  1. It shall be unlawful for any person engaged in hunting, trapping or\nfishing without permission upon the lands of another, whether or not\nposted as provided in section 11-2111 not to leave such lands\nimmediately when requested to do so by the owner, lessee or lawful\noccupant.\n  2. Upon any conviction of a violation of this section, all the current\nlicenses held by the person convicted, issued pursuant to title 7 of the\nFish and Wildlife Law, shall be revoked and he shall be ineligible for\nany such license during the ensuing license year, and in the discretion\nof the court ineligible therefor during an additional period not\nexceeding one license year.\n  3. The punishment provided in this section shall be in addition to\nsuch other fines and penalties as the person convicted may have incurred\nby violating any provision of this title 21 of the Fish and Wildlife\nLaw.\n
N.Y. PBA Law § 1621-N — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-N
Tax exemptions
Status: in_force

* § 1621-n. Tax exemptions. 1. It is hereby determined that the\ncreation of the authority and the carrying out of its corporate purposes\nis in all respects for the benefit of the people of the city of\nMiddletown and its environs, and is a public purpose, and the authority\nshall be regarded as performing an essential governmental function in\nthe exercise of the powers conferred upon it by this title and shall be\nrequired to pay no taxes or assessments upon any of the property\nacquired by it or under its jurisdiction or control or supervision or\nupon its activities.\n  2. Any bonds or notes issued pursuant to this title, together with the\nincome therefrom, as well as the property of the authority, shall be\nexempt from taxation, except for transfer and estate taxes.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. ENV Law § 15-2119 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2119
Procedure for construction of reservoirs
Status: in_force

§ 15-2119. Procedure for construction of reservoirs.\n  1. Preliminary plans, specifications, maps, statements and estimates\nare required as follows:\n  a. If the board shall determine as a part of the official plan or\nbefore the official plan has been prepared that the public interest or\nwelfare requires that a reservoir should be constructed for the\nregulation of the flow of a river or rivers, stream or streams of the\ndistrict, it shall cause to be prepared preliminary plans and\nspecifications of such reservoir with estimates of the total cost\nthereof together with a survey of the lands upon which the same is to be\nconstructed, giving the location thereof, and of all lands to be taken,\nflowed or damaged, with a description by survey or otherwise, showing\nthe amount of lands belonging to the state and to persons or public\ncorporations and the amount of lands of the state in the forest preserve\naffected thereby.\n  b. The board shall also cause a map to be made, showing all such\nlands, the number of acres in each separate tract, the names of the\nowners and occupants thereof, so far as the board can ascertain the\nsame. Such maps shall also show the high flow lines of the proposed\nreservoir.\n  c. The board shall also prepare a statement of the amount of water\npower, if any, which consistent with the proper regulation of the flow\nof the river or stream may be developed at or by reason of such\nreservoir by the withdrawal of water for power purposes directly\ntherefrom with an estimate of the value thereof. The board shall also\nprepare a statement showing generally the public corporations and\nlocality of lands to be benefited by the improvement and how and whether\nthe state will be benefited thereby and the public necessity for the\nimprovement.\n  d. In the event that any of the real estate required for such\nreservoir shall belong to the state, the value thereof shall be\ndetermined in the estimates, as hereinbefore provided, and in the event\nthat such land is outside the forest preserve and the state is\nchargeable with any proportion of the expenses, such value shall be\ndeducted from the amount to be paid by it, and shall be chargeable as a\npart of the expenses of the improvement.\n  e. When the board shall have completed such preliminary plans, maps,\nspecifications, estimates and statements, it shall certify the same with\nits approval thereof to the department, which shall have power after\nhearing the board, to modify such maps, plans, specifications, estimates\nand statements, or any of them, and within forty days after the receipt\nthereof shall approve the same as certified to or modified by it, and\nshall certify the same as approved by it to the board. The board shall\nthereupon cause the preliminary plans, maps, specifications, estimates\nand statements so approved to be filed in the office of the county clerk\nof each county having lands within such district, and in the office of\nthe department.\n  2. Upon the completion and filing of such preliminary plans, maps,\nspecifications, estimates and statements, as aforesaid, the board shall\nforthwith give notice of such filing as provided in subdivision 1 of\nsection 15-0903, and shall hold a hearing thereon in the manner set\nforth in section 15-0903.\n  3. Upon the completion of such hearing the board shall determine\nwhether the public welfare requires that such proposed improvement\nshould be proceeded with, and what, if any, modification should be made\nin such plans, maps, specifications, estimates and statements.  If the\nboard shall determine that such maps and plans, specifications,\nestimates and statements should be modified in any respect, it shall\ncertify its proposed modifications to the department, which after\nhearing, the board shall determine what, if any, modifications should be\nmade therein, and as modified by them shall approve the same and certify\nthe same with their approval to the board, which modified plans, maps,\nspecifications, statements and estimates shall be filed by it as\nhereinbefore provided for the filing of the original thereof. If the\nboard shall finally determine that the proposed reservoir shall be made,\nit shall thereupon make a final order directing the same to be made, and\nshall cause such final order or certified copies thereof to be filed and\nrecorded in the office of the county clerk of each county in which any\nlands within such district are located, and in the office of the\ndepartment, and forthwith give notice by publication of the making and\nfiling of such final order.\n  4. Any person or public corporation affected by the determination of\nthe board may review such final determination in the manner provided by\narticle seventy-eight of the civil practice law and rules.  Unless\napplication shall be made for such review within sixty days after the\nfiling of the final order, as herein provided, the plans, maps,\nspecifications, statements and estimates shall be the established and\nfinal plans, maps, specifications, statements and estimates of such\nreservoir. In the event that upon such review there shall be any\nmodification by the court of the final order, maps, plans,\nspecifications, statements and estimates, the court shall direct the\nmodification thereof by order, and the board shall cause such order to\nbe filed and recorded in each place where the final order was filed and\nrecorded. No review of the final determination of the board shall be had\nunless at the time of the application for review the person or public\ncorporation seeking the review shall give an undertaking approved by the\nsupreme court or a justice thereof, as to form, amount, and sufficiency\nor sureties that in the event of failure to modify the final\ndetermination, he or it will pay to the board all such costs and\nexpenses as are incurred by it on account of the review proceedings, as\nshall be determined by the court.\n  5. The board shall have power to make such changes in the final maps,\nplans and order as the nature of the work may require, provided that the\nboard shall give notice by publication pursuant to subdivision 1 section\n15-0903, and shall give a hearing thereon as in the first instance and\nthe same proceedings shall be had as provided by subdivisions 3 and 4 of\nthis section.\n  6. In the event that in any such plans, estimates and statements, a\ncharge is made against the state for any share of the expenses of the\nproposed reservoir, not including therein such preliminary expenses as\nmay have been necessary or expenses consisting only of assessments\nagainst the state on account of benefits from the improvement, no such\nreservoir shall be made under title 21 of this article pursuant to any\nsuch final order until the Legislature shall make appropriation to pay\nthe state's share of such expenses. The sum so appropriated shall be\npaid into the general fund of the river regulating district for which it\nis appropriated.\n  7. When any such final order shall have been made, and the Legislature\nshall have made appropriation for any share of the expense payable by\nthe state, if any, the board shall proceed as herein provided to the\nacquisition of such real estate as may be necessary for the\nconstruction, maintenance and operation of such reservoir. When\nproceedings are taken under the eminent domain procedure law, the board\nshall file in the Comptroller's office a certified copy of the final\norder provided for in the eminent domain procedure law, and a certified\ncopy of the judgment therein rendered pursuant to the eminent domain\nprocedure law, together with the certificate of the Attorney General\nthat no appeal from such final order and judgment has been made, or will\nbe taken by the state, or if an appeal has been taken, a certified copy\nof the final judgment of the appellate court. Payments of the amount due\nupon such final order and judgment with interest from the date of the\njudgment until thirty days after the entry of such final order and\njudgment, and payments for real estate taken by agreement, shall be made\nout of the general fund of the district.\n  8. Construction work shall be undertaken in accordance with the\nfollowing provisions:\n  a. After any such final order shall have been made and filed as\nhereinbefore provided, the board may proceed to construct the work\naccording to the plans and specifications, by publishing a notice\nstating the time when and the place where such bids or proposals will be\nreceived, once a week for three weeks in one newspaper published in the\ncity of New York and in one newspaper in each county wholly or partly\nwithin the district, if such papers there be, and in such other\nnewspapers as the board shall deem advisable.\n  b. The advertisement shall be limited to a brief description of the\nwork proposed to be let with an announcement stating where the maps,\nplans and specifications are on exhibition and the terms and conditions\non which bids will be received and such other matters as may be\nnecessary to carry out the provisions of title 21 of this article. In\nsuch notice the board shall reserve the right to reject any or all bids\nand again advertise for further bids.\n  c. The proposals received pursuant to such advertisements shall be\npublicly opened and read at the time and place designated. Every\nproposal must be accompanied by a deposit in the form of a certified\ncheck upon some national or state bank or trust company within the state\nin good credit and payable to the board for five per cent of the amount\nof the proposal. In case the proposer to whom such contract shall be\nawarded shall fail or refuse to enter into such contract within the time\nfixed by the board, such deposit shall be forfeited to the board and\npaid by it into and become a part of its general fund. In case the\ncontract be made such deposit shall be returned to the contractor.\n  d. Before entering into any such contract a bond with sufficient\nsureties to be approved by the board shall be required, conditioned that\nthe contractor will perform all work within the time prescribed in and\nin accordance with the plans and specifications, and will pay to the\nstate, the regulating district and the board all damages, costs and\nexpenses suffered or incurred by any or all of them by reason of the\nneglect or default of such contractor or his employees or any\nsubcontractor or his employees in the performance of such contract or in\ndoing such work thereunder.\n  e. Such contract may provide for partial payments to be made from time\nto time upon the certificate of the engineer in charge of the work after\ndue inspection thereof for an amount not exceeding ninety per cent of\nthe contract price for the work actually done as shown by the\ncertificate. Such certificate must state the amount of the work\nperformed and its total value, at the price fixed by such contract, but\nin all cases not less than ten per cent of the estimate thus certified\nmust be retained until the contract is completed and approved by the\nengineer in charge of the work and by the department.\n  f. The board may divide the work into several parts and let separate\ncontracts therefor. If the estimated cost of any part of such work does\nnot exceed ten thousand dollars, the board may by resolution proceed to\ndo such part of such work by its own forces or otherwise. All such\ncontracts before being entered into shall be approved by the department.\n  g. Subject to the authority of the department to dispose of\nmerchantable timber and salable wood on state land, no reservoir shall\nbe constructed until provision shall have been made by the board for the\nclearing from the reservoir site of all timber and all timber growth on\nlands to be flowed, such timber and timber growth to be removed by the\nboard by contract or otherwise, with the approval of the department. The\nboard shall not permit to remain upon a reservoir site above the low\nflow line of the reservoir any stump higher than twelve inches above the\nbed of the reservoir adjacent thereto.\n  h. All merchantable timber and salable wood on state land to be flowed\nshall be sold by the department in such manner as it shall deem best for\nthe interests of the state, but in no event for a sum less than its fair\nmarket value, provided, however, that the department may in its\ndiscretion sell any such merchantable timber or salable wood at public\nauction after due advertisement. The proceeds of any sale or disposition\nless the expenses thereof and the reasonable cost of inspecting,\nscaling, lumbering, cutting and piling, if any, incurred by the\ndepartment, shall be paid into the general fund of the state. The\ndepartment may designate the trees or kinds of trees to be considered\nmerchantable timber or salable wood.\n  i. In preparation of the reservoir site the board shall do such work\nas may be necessary to prevent stagnant pools above the low flow line\nthereof.\n
N.Y. PBA Law § 1621-Q — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-Q
Actions against the authority
Status: in_force

* § 1621-q. Actions against the authority. 1. In every action against\nthe authority for damages, for injuries to real or personal property, or\nfor the destruction thereof, or for personal injuries or death, the\ncomplaint shall contain an allegation that at least ninety days have\nelapsed since the demand, claim or claims upon which such action is\nfounded were presented to a member of the authority, or to its\nsecretary, or to its chief executive officer and that the authority has\nneglected or refused to make an adjustment or payment thereof for ninety\ndays after such presentment.\n  2. Except in an action for wrongful death, an action against the\nauthority for damages for injuries to real or personal property, or for\nthe destruction thereof, or for personal injuries, alleged to have been\nsustained, shall not be commenced more than one year and ninety days\nafter the cause of action therefor shall have accrued, nor unless a\nnotice of claim shall have been served on the authority within the time\nlimit established by and in compliance with all requirements of section\nfifty-e of the general municipal law. An action against the authority\nfor wrongful death shall be commenced in accordance with the notice of\nclaim and time limitation provisions of title eleven of article nine of\nthis chapter.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. ENV Law § 15-2131 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2131
Reports
Status: in_force

§ 15-2131. Reports.\n  1. The board of any river regulating district created hereunder shall\nannually, as of such date as the department may provide, submit to it a\nwritten report, which shall contain:\n  a. An exhibit of the personnel of the board, and all of the employees\nand persons connected with the board;\n  b. A financial statement, showing fully and clearly the finances of\nthe district, the amounts and dates of maturity of all bonds, notes and\ncertificates of indebtedness, the amounts of money received, and from\nwhat sources, and amounts of money paid and purposes for which same were\npaid;\n  c. A statement of any petitions received by the board and the action\ntaken thereon;\n  d. A descriptive statement of the work done during the previous year;\nand\n  e. A statement of the condition of reservoirs and the results secured\nby the operation thereof in each case.\n  2. In addition to the matters outlined above the board shall report to\nthe department such other matters as it shall deem proper or the\ndepartment shall require.\n
N.Y. PBA Law § 1621-O — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-O
Tax contract by the state
Status: in_force

* § 1621-o. Tax contract by the state. The state of New York covenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds or notes issued by the authority pursuant to this title, in\nconsideration of the acceptance of and payment for the bonds or notes,\nthat the bonds or notes of the authority issued pursuant to this title\nand the income therefrom, and all moneys, funds and revenues pledged to\npay or secure the payment of such bonds or notes, shall at all times be\nfree from taxation except for estate taxes and taxes on transfers by or\nin contemplation of death.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. ENV Law § 15-2141 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2141
Hudson River Regulating District and Black River Regulating District: funds of the board
Status: in_force

§ 15-2141. Hudson River Regulating District and Black River Regulating\n             District: funds of the board.\n  1. Notwithstanding the consolidation of the Hudson River Regulating\nDistrict and the Black River Regulating District into a single district,\neffectuated by this title, or any other provision of title 21 of this\narticle, moneys constituting the respective "general fund" or "debt\nservice fund" or other fund or funds of either the Hudson River\nRegulating Board or District or the Black River Regulating Board or\nDistrict, shall remain and be kept separate and apart and shall be\napplied for the cost of maintenance and operation in the area of the\nappropriate district and to pay the debts and obligations of the\nappropriate board or district, on whose account such moneys were\nreceived.\n  2. Notwithstanding any provision of sections 15-2137 and 15-2139 or\nany other provision of title 21 of this article, all moneys hereafter\nreceived by the Hudson River-Black River Regulating District and its\nboard, as consolidated, by reason of assessments or from the sale of\nobligations issued or from other source, all for the purposes of the\nrespective areas heretofore comprising the Hudson River Regulating\nDistrict or the Black River Regulating District, shall be kept separate\nand apart and shall constitute "general funds" and "debt service funds"\nand other fund or funds with the same force and effect as funds\nheretofore constituted by the Hudson River Regulating Board or District\nand by the Black River Regulating Board or District and shall be applied\nsolely for the cost of maintenance and operation in the respective areas\nfrom which the moneys were received and to pay the debts and obligations\naccrued or as they become due in the areas where the debts and\nobligations were incurred, provided, however, that the expenses of the\nboard, as consolidated by this part, and of its officers and employees\nshall be paid from the appropriate "general funds" in the same\nproportion as moneys are annually collected from the respective areas.\nThe provisions of section 15-2129, in so far as the same are applicable\nand not inconsistent herewith, shall apply as they relate to the\n"general fund", "debt service fund", and to the fund or funds of the\ndistrict.\n
N.Y. ENV Law § 15-2117 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2117
Cemeteries
Status: in_force

§ 15-2117. Cemeteries.\n  1. Whenever for the purposes of title 21 of this article it shall be\nnecessary to use any portion of any lands or premises now occupied by\ngraves, burial places, cemeteries, or other places of interment of human\nremains, the board may acquire the same in the same manner as other real\nestate may be acquired by it. Provided, however, that if lands or\npremises so occupied and sought to be acquired are not within a cemetery\nunder the actual control and management of a then existing religious or\ncemetery corporation, and proceedings shall have been instituted by the\nboard for their acquisition under the eminent domain procedure law, the\ncourt, if satisfied at any stage of the proceedings, that the public\ninterests will be prejudiced by delay, may, by order, direct that the\nboard may enter immediately on such lands and premises, and, after the\nprovisions of subdivisions 4 through 8 of this section and sections 304\nand 404 of the eminent domain procedure law have been complied with, may\ndevote the same to the public use specified in the petition, upon\ndeposit with the court of a sum to be fixed by the court; but no such\norder shall be made except upon notice of the application therefor\nserved and posted as hereinafter provided.\n  2. Such notice shall be served as follows: If any of the owners or\ntheir places of residence are unknown, notice addressed, generally, to\nall owners of and persons interested in the lands used for graves,\nburial places, cemetery purposes or places of interment within a certain\nlot, tract or parcel of land, to be described with sufficient certainty\nto identify it, shall be published in the time and manner prescribed by\nsubdivisions 4 through 8 with respect to the notice therein provided\nfor. Owners, if any, whose names and places of residence are known and\nwho reside within the state, shall be served with such notice personally\nor by leaving the notice at the abode of the owner to be served, with a\nperson of suitable age and discretion residing therein. Owners, if any,\nwhose names and places of residence are known and who reside without the\nstate, shall be served with such notice by mail, the notice to be\ndeposited in a post office in the state, addressed to the owner to be\nserved, and inclosed in a securely sealed postpaid wrapper. The notice\nalso shall be posted conspicuously in ten places in each town in which\nthe lands are located, at least twenty days before the time of making\nthe application. If the notice be published, the time for making the\napplication shall be not less than eight days nor more than sixteen days\nafter the last publication, and in any case personal service, if any, or\nservice by leaving at the owner's abode, shall be made at least eight\ndays, and service by mail, if any, at least thirty days, before the time\nof making the application. If, in the condemnation proceeding, an\nattorney has been appointed by the court to represent defendants served\nwith the original notice otherwise than personally, under the eminent\ndomain procedure law, the notice also shall be served on him, at least\neight days before the time of making the application.\n  3. The notice shall specify the relief sought and the time and place\nof making the application. The papers or proofs submitted to the court\non the application shall include due proofs of the service and posting\nof the notice and proof, by affidavit, that the persons, if any, served\npersonally or by leaving at their abodes or by mail constitute all of\nthe owners of and persons interested in the lands so occupied whose\nnames and places of residence are known, or, if none were so served,\nthat all of the owners are unknown, and if certain owners were known but\nnot their places of residence, and therefore were not served, personally\nor by mail, that fact and the names of such owners shall be stated. Such\naffidavit also shall set forth the extent of the inquiry to ascertain\nthe names and places of residence of the owners. The provisions of the\neminent domain procedure law, as to matter subsequent to the deposit of\nsuch moneys shall apply hereto, except that the general fund of the\ndistrict shall be applicable to the payment of any deficiency judgment\nrendered pursuant to such section.\n  4. The board having so acquired title, or the right of immediate\nentry, shall cause to be published in two newspapers in the county where\nsuch burial place or places or graves are situated, which shall in its\njudgment be best calculated to notify the persons or parties interested\nor entitled to such notice, which notice shall describe the location of\nsuch burial place, cemetery or grave in such manner as to sufficiently\nidentify the same. Such publication shall be made once in each week in\neach of the newspapers for the space of four weeks, and such notice\nshall also contain a statement to the effect that any person or persons\nlegally entitled to direct as to the disposition of any such remains may\nremove the same to any other cemetery or burial place within sixty days\nafter the last publication of such notice, if they so elect, but without\nexpense to the board therefor. From and after the period of sixty days\nfrom the last date of publication, the board shall advertise in the\nstate paper and a newspaper published in the county or counties in which\nthe cemetery or cemeteries are situated for bids for the removal of such\nremains by contract, and their proper reinterment as hereinafter\nprovided.\n  5. All removals and transportation of such human remains shall be done\nin accordance with the provisions of the Public Health Law and the local\nrules or ordinances of any town, city or village wherein such cemetery,\nburial ground or graves shall be located or wherein any of such remains\nmay be reinterred. The board may acquire such other lands as it deems\nnecessary within the county or in an adjoining county where such burial\nplace or places or graves are now located for the purpose of properly\nreinterring such removed remains, which lands shall be acquired in the\nsame manner as provided by title 21 of this article for the acquisition\nof other lands, title to be taken in the name of the particular river\nregulating district, but lands shall not be acquired within the\ncorporate limits of a village or city except within the bounds of an\nexisting cemetery unless by consent of the board of trustees of the\nvillage or common council of the city or other authorities within such\nvillage or city occupying similar positions as trustees or aldermen\nrespectively.\n  6. The lands so acquired shall be suitable and properly fenced or\ninclosed, and in such manner as to permit of proper ingress and egress\nthereto before the final completion and payment for such work, and the\nexpense therefor shall be included within the estimate and contract for\nsuch removal. All the bodies removed by such contractor, or by order of\nthe board shall, when distinguishable, be incased each in a separate box\nor coffin, and each monument, headstone, footstone, slab, board or other\ndesignation or distinguishing mark shall be properly removed and reset\nat the grave of each body at the time of such reinterment. Members of\nthe same family shall be interred in contiguous graves.\n  7. Whenever any person or persons legally entitled to direct as to the\ndisposition of any remains now interred in such cemeteries, burying\nplace or graves shall request the board, in writing, to reinter such\nremains in any other cemetery or burial plot, within the same county\nwhere such cemetery, burial place or graves sought to be removed are\nlocated or in an adjoining county, the board shall cause such remains to\nbe interred where requested within the same county or in an adjoining\ncounty, and shall carefully and properly remove such remains to such\nburial plot and properly reinter the same, but no payment shall be made\nfor a grave or graves or burial plot for such reinterment other than\nthat acquired by the board as hereinbefore provided. Whenever any person\nor persons legally entitled to direct as to the disposition of any human\nremains exhumed or to be exhumed from any cemetery, burial place or\ngraves as herein provided, desire to remove the same for reinterment to\nany burial plot or cemetery not within the same county from which such\nremains were exhumed or in an adjoining county as herein provided, such\nperson or persons so entitled to designate such other burial place or\nplot shall be permitted to remove such exhumed remains from such county,\nsubject to the written consent of the board and the provisions of the\nPublic Health Law, and the local rules or ordinances of any town, city\nor village wherein such cemetery, burial ground or graves shall be\nlocated, or wherein such human remains may be reinterred, but no portion\nof the expense of such transportation or burial in another county other\nthan an adjoining county shall be borne by the board. The board shall\npay all expenses connected with such removal, out of the general fund of\nthe district in the same manner as other payments are made.\n  8. Whenever any lands acquired by the board for the purposes of\nreinterment of human remains as herein provided, and all the remains so\ninterred have been exhumed from a cemetery, burial place or grave\nbelonging to a corporation organized under the Religious Corporations\nLaw, the Membership Corporations Law, the Not-For-Profit Corporation\nLaw, or by special act, or belonging to a town or board of trustees\nelected pursuant to the provisions of the Town Law, or to a village or\ncity, the board shall by a proper resolution, after completion and\nacceptance thereof and final payment for all work performed as provided\nin this section, execute and deliver in the name of the district, and\nwithout expense to the grantee therefor, to the trustees or other\ngoverning body of such corporation, by whatsoever name or title they may\nhold office, or to the board of trustees of a town burial ground, or to\na duly incorporated cemetery association, and to their successors in\noffice, a quitclaim deed covering the lands so acquired, together with\nall structures erected thereon; and where such lands were so acquired\nfor the purposes of reinterment of human remains exhumed from a public\nor private cemetery, burial place or grave which shall have been used by\nthe inhabitants of any town in this state as a cemetery or burial ground\nfor the space of fourteen years and not having a board of trustees\npursuant to the provisions of the Town Law, the board shall by proper\nresolution as provided by title 21 of this article, after completion and\nacceptance thereof, and final payment for all work as by this section\nprovided, execute and deliver in the name of the board, and without\nexpense to the grantee therefor, a quitclaim deed or other proper\nrelease to such town wherein such lands so acquired as provided by this\nsection may be situated, and such cemetery or burial place shall from\nand after the execution and delivery thereof be deemed to be vested in\nsuch town, and shall be subject in the same manner as other corporate\nproperty of towns, to the government and direction of the electors in\ntown meeting, excepting, however, that where such lands so acquired for\nthe purposes set forth in this section are situate within the corporate\nlimits of a village or city, such quitclaim deed or release herein\nprovided for shall be executed and delivered to such village or city and\nthereafter be and become the property of such village or city and\nsubject to the laws governing such village or city, and further\nexcepting, however, that the board, subject to the approval of the town\nboard, or city or village authorities herein referred to, shall have the\nright to convey such lands so acquired, together with all structures\nerected thereon, to a duly incorporated cemetery association. From and\nafter the date of the execution and delivery by the board, as by this\nsection provided, of the quitclaim deed or release, the board shall be\ndeemed to be divested of all right and title to such lands so\nquit-claimed or released and shall not thereafter be liable for the\ncare, custody, maintenance and control thereof. This section does not\nlimit any existing rights of burial, or removal of remains under other\nprovisions of law applicable thereto.\n
N.Y. PBA Law § 2490-D — New York Code / Act PBA / Article 8 / Title 21 / Section 2490-D
Purposes and powers of the authority
Status: in_force

§ 2490-d. Purposes and powers of the authority. The purposes of the\nauthority shall be to construct, operate and maintain the project\nconsisting of the Saratoga Springs city center authority and facilities\nin connection therewith. To carry out the purposes the authority shall\nhave power:\n  1. To sue and be sued;\n  2. To acquire, hold and dispose of personal property for its corporate\npurposes;\n  3. To have a seal and alter the same at pleasure;\n  4. To make by-laws for the management and regulation of its affairs\nand, subject to agreements with bondholders, for the regulation of the\nproject;\n  5. With the consent of the city council, to use agents, employees and\nfacilities of the city, paying to the city its agreed portion of the\ncompensation or costs;\n  6. To appoint officers, agents and employees; and to describe their\nqualifications and fix their compensation; subject, however, to the\nprovisions of the civil service law as hereinafter provided;\n  7. To make contracts and leases, and to execute all instruments\nnecessary or convenient;\n  8. To construct such buildings, structures, parking and other\nfacilities as may be necessary or convenient;\n  9. To reconstruct, improve, maintain and operate the project;\n  10. To collect rentals, fees and other charges for the use of the\nproject subject to and in accordance with such agreements with\nbondholders as may be hereinafter provided;\n  11. To contract for the services of architects, engineers, lawyers,\nfinancial and other professional advisers and to fix their compensation;\n  12. To construct, operate and maintain the project; to contract for\nthe construction, operation and maintenance of any part thereof, or for\nservices to be performed in connection therewith; to rent part thereof,\nand to grant concessions, all on such terms and conditions as it may\ndetermine; provided, however, that the location of the site of the\nproject and the plans thereof shall be subject to the prior approval of\nthe city council.\n
N.Y. ENV Law § 11-2101 — New York Code / Act ENV / Article 11 / Title 21 / Section 11-2101
Powers of the department
Status: in_force

§ 11-2101. Powers of the department.\n  1. The department shall have power:\n  a. to make regulations for the use of state-owned boat-launching sites\nand state-owned boat-access sites and public hunting, trapping and\nfishing grounds and to prohibit, limit and manage hunting, trapping and\nfishing on lands, waters or lands and waters on which such grounds are\nestablished, in such manner as it deems calculated to promote the public\ninterest, notwithstanding any other provision of the Fish and Wildlife\nLaw or other law;\n  b. by posting signs or serving notice as provided in section 11-2111\nto protect any lands or waters, rights or interests therein owned,\nleased or otherwise acquired by the state and assigned or made available\nto the department for controlling, managing, propagating or distributing\nfish or wildlife or for conducting and managing hatcheries or biological\nstations, game farms, rearing stations, refuges, public hunting,\ntrapping and fishing grounds or game management areas;\n  c. to fix the terms of permits issued and regulations adopted\npermitting the taking of fish or wildlife on, or entering upon, any area\nor facility mentioned in this subdivision;\n  d. to enter into cooperative agreement with any department of the\nUnited States government, municipality or person for the purpose of\nbetter promoting fish and wildlife conservation practices on any lands\nor waters owned, leased or otherwise acquired by the state and made\navailable to the department for use by the department, or on other lands\nor waters as provided in sections 11-0303, 11-0321 or 11-0501.\n  e. to dispose of surplus products of the state's fish hatcheries and\nto dispose of pheasant chicks and surplus pheasant eggs of the state's\ngame farms as it deems proper.\n  2. Whenever in the conduct of the public hunting, trapping and fishing\ngrounds, game refuges and other areas held for use by the department, in\nthe opinion of the department it becomes necessary to remove trees and\nother products in order to manage such areas along lines scientific\nresearch indicates are best calculated to produce the optimum conditions\nfor fish or wildlife, the department may, upon such terms as it may deem\nto be for the best interests of the state, sell the trees, timber and\nother products on any such grounds, refuges or other areas acquired by\npurchase, gift or devise for use by the department.\n
N.Y. PBA Law § 2490-G — New York Code / Act PBA / Article 8 / Title 21 / Section 2490-G
Contracts
Status: in_force

§ 2490-g. Contracts. The authority shall let contracts for\nconstruction and materials in the manner provided by law for contracts\nof the city.\n
N.Y. PBA Law § 2490-C — New York Code / Act PBA / Article 8 / Title 21 / Section 2490-C
Saratoga Springs city center authority
Status: in_force

§ 2490-c. Saratoga Springs city center authority. A board to be known\nas the Saratoga Springs city center authority is hereby created. The\nboard shall be a body corporate and politic, constituting a public\nbenefit corporation, and its existence shall commence upon the\nappointment of the members as herein provided. It shall consist of a\nchairman and six other members all of whom shall be appointed by the\nmayor with the consent of the city council. Initially, three members\nshall be appointed for six years; two members for five years; and two\nmembers for four years. At the expiration of such terms, the terms of\noffice of their successors shall be six years. Each member shall\ncontinue to serve until the appointment and qualification of his\nsuccessor. Vacancies in such board occurring otherwise than by\nexpiration of term shall be filled for the unexpired term. The mayor, or\nhis designated representative from the city council, shall serve as an\nex officio, nonvoting member of the board while in office. The board may\ndelegate to one or more of its members, or to its officers, agents and\nemployees, such powers and duties as it may deem proper. Members of the\nboard shall be entitled to no compensation for their services, but shall\nbe entitled to reimbursement for their actual and necessary expenses\nincurred in the performance of their official duties. The powers of the\nauthority shall be vested in and exercised by a majority of the voting\nmembers of the board then in office. The authority, and its corporate\nexistence, shall continue only for a period of fifty years, and\nthereafter, until all its liabilities have been met and its bonds have\nbeen paid in full or such liabilities or bonds have been otherwise\ndischarged, except that no additional liabilities may be incurred after\nthe termination of its corporate existence. Upon its ceasing to exist,\nall its rights and property shall pass to the city.\n
N.Y. PBA Law § 1621-A — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-A
Short title
Status: in_force

* § 1621-a. Short title. This title shall be known and may be cited as\nthe "Middletown parking authority act."\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. PBG Law § 424 — New York Code / Act PBG / Article 13 / Title 21 / Section 424
Fort Edward Housing Authority
Status: in_force

§ 424. Fort Edward Housing Authority.  A municipal housing authority,\nto be known as the Fort Edward Housing Authority, is hereby created and\nestablished for the village of Fort Edward in the county of Washington,\nfor the accomplishment of any or all of the purposes specified in\narticle eighteen of the constitution of the state of New York. It shall\nconstitute a body corporate and politic, be perpetual in duration and\nconsist of five members. It shall have the powers and duties now or\nhereafter conferred by this chapter upon municipal housing authorities.\nIt shall be organized in the manner prescribed by and subject to the\nprovisions of this chapter, and the authority, its members, officers and\nemployees and its operations and activities shall in all respects be\ngoverned by the provisions of this chapter.\n
N.Y. PBA Law § 1621-R — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-R
Termination of the authority
Status: in_force

* § 1621-r. Termination of the authority. Whenever all of the bonds\nand notes issued by the authority shall have been redeemed or cancelled,\nand all its liabilities and duties met or discharged, the authority\nshall cease to exist and all rights, title and interests and all\nobligations and liabilities thereof vested in or possessed by the\nauthority shall thereupon vest in and be possessed by the city of\nMiddletown.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. ENV Law § 15-2127 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2127
Error in names
Status: in_force

§ 15-2127. Error in names.\n  No error in the names of the owners of real estate, or in the\ndescriptions thereof, shall invalidate such apportionment or the levying\nof assessments or taxes based thereon if sufficient description is given\nto identify such real estate, and the owners thereof.\n
N.Y. PBA Law § 1621-M — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-M
Bonds and notes legal investments for public officers and fiduciaries
Status: in_force

* § 1621-m. Bonds and notes legal investments for public officers and\nfiduciaries. The bonds and notes are hereby made securities in which all\npublic officers, and bodies of the state and all municipalities and\nmunicipal subdivisions, all insurance companies and associations and\nother persons carrying on an insurance business, all banks, bankers,\ntrust companies, savings banks and savings associations, including\nsavings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nall administrators, guardians, executors, trustees and other fiduciaries\nand all other persons whatsoever who are now or may hereafter be\nauthorized to invest in bonds or other obligations of the state, may\nproperly and legally invest funds including capital in their control or\nbelonging to them. The bonds and notes are also hereby made securities\nwhich may be deposited with and shall be received by all public officers\nand bodies of this state and all municipalities and municipal\nsubdivisions for any purpose for which the deposit of bonds or other\nobligations of this state is now or may hereafter be authorized.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. ENV Law § 15-2139 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2139
Hudson River Regulating District and Black River Regulating District: transfer of functions; pending actions and proceedings; interpretat...
Status: in_force

§ 15-2139. Hudson River Regulating District and Black River Regulating\n             District: transfer of functions; pending actions and\n             proceedings; interpretation of documents; existing rights\n             and remedies.\n  1. Except as hereinafter provided, the contracts, books, maps, plans,\npapers, records and property of whatever description within the\njurisdiction or under the control of the Hudson River Regulating\nDistrict or the Black River Regulating District, including moneys\nappropriated and available to such districts, pertaining to or used in\nconnection with the exercise or performance of the functions, powers and\nduties hereby transferred and assigned, shall be delivered to the\nsecretary of the board of the Hudson River-Black River Regulating\nDistrict, who is hereby authorized to take possession thereof.\n  2. For the purposes of succession, the functions, powers and duties\ntransferred, assigned to, and devolving upon the Hudson River-Black\nRiver Regulating District shall be deemed to constitute a continuation\nof such functions, powers and duties exercised by the Hudson River\nRegulating District and the Black River Regulating District, and the\nacts, orders, rules, regulations and determinations of such districts\nshall have, and continue with, the same force and effect as though done\nby or made by the Hudson River-Black River Regulating District.\n  3. Any business or matter heretofore undertaken or commenced by or\nbefore the Hudson River Regulating District or the Black River\nRegulating District, or any action or proceeding heretofore brought by\nor against such districts, pertaining to or connected with the\nfunctions, powers and duties hereby transferred and assigned to the\nHudson River-Black River Regulating District may be conducted,\ncompleted, prosecuted and defended by and in the name of the Hudson\nRiver-Black River Regulating District. In all such actions and\nproceedings the Hudson River-Black River Regulating District, upon\napplication to the court, may be substituted as a party.\n  4. When the Hudson River Regulating District or the Black River\nRegulating District is referred to or designated in any law, contract or\ndocument, such reference or designation shall be deemed to refer to and\ninclude the Hudson River-Black River Regulating District so far as such\nlaw, contract or document pertains to matters which are within its\njurisdiction by reason of such transfer and assignment of functions,\npowers and duties.\n  5. No existing right or remedy of any character shall be lost, or\naffected by reason of the provisions of sections 15-2137, 15-2139 and\n15-2141.\n
N.Y. ENV Law § 27-2105 — New York Code / Act ENV / Article 27 / Title 21 / Section 27-2105
Disposal
Status: in_force

§ 27-2105. Disposal.\n  1. No person shall knowingly or intentionally dispose of a\nmercury-added consumer product in solid waste or otherwise dispose of\nsuch a product except by separated delivery thereof to a solid waste\nmanagement facility or hazardous waste management facility permitted or\nauthorized pursuant to title seven or nine of this article.\n  2. No person or collector shall knowingly or intentionally dispose of\nany mercury-added consumer product by delivery to a resource recovery\nfacility as permitted pursuant to title seven of this article where\nwaste or hazardous waste is burned as fuel for the purpose of recovering\nusable energy.\n  3. No collector, solid waste management facility, or hazardous waste\nmanagement facility shall knowingly or intentionally store, recycle or\ndispose of any mercury-added consumer product except in accordance with\nregulations promulgated pursuant to this article.\n  4. The department, in consultation with the department of health,\nshall develop and disseminate informational materials on the dangers of\nmercury-added consumer products, and the requirements of this section\nrelating to the separation and disposal of mercury-added consumer\nproducts.\n
N.Y. ENV Law § 27-2113 — New York Code / Act ENV / Article 27 / Title 21 / Section 27-2113
Exemptions
Status: in_force

§ 27-2113. Exemptions.\n  1. The provisions of this title shall not apply to photographic film\nand paper, pharmaceutical products, biological products or any substance\nthat may be lawfully sold over the counter without a prescription under\nthe federal Food, Drug and Cosmetic Act, 21 USC 301 et seq. For the\npurposes of this subdivision, "biological product" means a virus,\ntherapeutic serum, toxin, antitoxin, vaccine, blood, blood component or\nderivative, allergenic product or an analogous product, or arsphenamine,\nor any other trivalent organic arsenic compound used for the prevention,\ntreatment or cure of a disease or condition of human beings.\n  2. The provisions of subdivision one of section 27-2105 of this title\nshall not apply to mercury-containing lamps discarded by households.\n  3. The provisions of subdivision one of section 27-2105 of this title\nshall not apply to mercury-containing lamps discarded by a small\nbusiness if such small business discards no more than fifteen\nmercury-containing lamps per month. For the purposes of this subdivision\n"small business" means any business which is resident in this state,\nindependently owned and operated, not dominant in its field, and\nemploying not more than one hundred individuals.\n
N.Y. PBA Law § 2490-E — New York Code / Act PBA / Article 8 / Title 21 / Section 2490-E
Acquisition of land for the project
Status: in_force

§ 2490-e. Acquisition of land for the project. 1. The authority may\nacquire lands by purchase or condemnation for the project. It shall have\nthe power to sell, lease or otherwise dispose of said real property and\nshall retain and have the power to use the proceeds of sale, rental or\nother moneys derived from the disposition thereof for its purposes.\n  2. Notwithstanding any law to the contrary the city may, by legal\ninstrument authorized by a resolution, lease real property owned by the\ncity to the authority, with or without consideration, for so long as the\nauthority's existence shall continue.\n  3. Notwithstanding any other provision of law, the city may by legal\ninstrument authorized pursuant to resolution, purchase, lease, license\nor otherwise acquire the project or any interest therein, including\nterms of years; and, by resolution, establish a capital reserve fund for\nthe purpose of financing all or a part of the cost of such purchase,\nlease, license or other acquisition, including rent related to the\nacquisition of a leasehold interest in the project, and make\nexpenditures from such fund for such purposes.\n
N.Y. PBA Law § 1621-H — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-H
Moneys of the authority
Status: in_force

* § 1621-h. Moneys of the authority. All moneys of the authority shall\nbe paid to the city treasurer of the city as agent of the authority, who\nshall not commingle such moneys with any other moneys. Such moneys shall\nbe deposited in a separate bank account or accounts. The moneys in such\naccounts shall be paid out by the city treasurer of the city on\nrequisition of the chairperson of the authority or of such other person\nor persons as the authority may authorize to make such requisitions\nafter audit by the city treasurer of the city. All deposits of such\nmoneys shall be secured by obligations of the United States or of the\nstate of New York of a market value equal at all times to the amount of\nthe deposit, and all banks and trust companies are authorized to give\nsuch security for such deposits. The treasurer of the city and his or\nher legally authorized representatives are authorized and empowered from\ntime to time to examine the accounts and books of the authority,\nincluding its receipts, disbursements, contracts, leases, sinking funds,\ninvestments and any other records and papers relating to its financial\nstanding. The authority shall have power, notwithstanding the provisions\nof this section, to contract with the holders of any of its bonds or\nnotes as to the custody, collection, securing, investment and payment of\nany moneys of the authority or any moneys held in trust or otherwise for\nthe payment of bonds or notes or in any way to secure bonds or notes,\nand to carry out any such contract notwithstanding that such contract\nmay be inconsistent with the previous provisions of this section. Moneys\nheld in trust or otherwise for the payment of bonds or in any way to\nsecure bonds and deposits of such moneys may be secured in the same\nmanner as moneys of the authority, and all banks and trust companies are\nauthorized to give such security for such deposits. The accounts of the\nauthority shall be subject to the supervision of the state comptroller.\nThe authority shall render a complete account of its proceedings to the\ncommon council at its first meeting of each year and at such other times\nas may reasonably be requested by the common council.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. PBA Law § 1621-J — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-J
Notes of the authority
Status: in_force

* § 1621-j. Notes of the authority. The authority shall have power\nfrom time to time to issue notes and from time to time to issue renewal\nnotes (hereafter "notes"), maturing not later than five years from their\nrespective original dates in an amount not exceeding at any one time one\nhundred thousand dollars, over and above the amount of bonds authorized\nby subdivision one of section sixteen hundred twenty-one-i of this\ntitle, for any purpose or purposes for which bonds may be issued,\nwhenever the authority shall determine that payment thereof can be made\nin full from any moneys or revenues which the authority expects to\nreceive from any source. The authority may pledge such moneys or\nrevenues or source thereof (subject to any other pledge thereof) for the\npayment of the notes and may in addition secure the notes in the same\nmanner and with the same effect as herein provided for bonds. The notes\nshall be sold and issued in the same manner as bonds. The authority\nshall have power to make contracts for the future sale from time to time\nof the notes, by which the purchaser shall be committed to purchase the\nnotes from time to time on terms and conditions stated in such\ncontracts, and the authority shall have power to pay such consideration\nas it shall deem proper for such commitments. In case of default on its\nnotes, or violation of any of the obligations of the authority to the\nnoteholders, the noteholders shall have all the remedies provided herein\nfor bondholders. Such notes shall be as fully negotiable as the bonds of\nthe authority.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. ENV Law § 27-2119 — New York Code / Act ENV / Article 27 / Title 21 / Section 27-2119
Phase-out of mercury-containing flooring
Status: in_force

§ 27-2119. Phase-out of mercury-containing flooring.\n  1. Commencing a year after the calendar year in which this section\ntakes effect, no public or nonpublic elementary or secondary school\nshall install a mercury-containing floor nor shall any school install a\nfloor over a mercury-containing floor prior to removal of the\nmercury-containing floor.\n  2. The time weighted average mercury vapor exposure for an employee or\nstudent of a public or nonpublic elementary or secondary school shall\nnot exceed 750 ng/m (3).\n  3. For purposes of this section:\n  (a) "mercury-containing floor" shall mean a floor containing\nphenyl-mercuric-acetate catalyst.\n  (b) "time weighted average" shall mean an employee's average airborne\nexposure in an eight-hour work shift of a forty-hour work week or for a\nperson under the age of eighteen shall mean sixteen hours or less per\nweek averaged over the school year.\n
N.Y. PBA Law § 2490-K — New York Code / Act PBA / Article 8 / Title 21 / Section 2490-K
State, city and municipalities not liable on authority bonds
Status: in_force

§ 2490-k. State, city and municipalities not liable on authority\nbonds. Neither the state, the city nor any other municipality or public\ncorporation shall be liable on the bonds of the authority and such bonds\nshall not be a debt of the state, the city or any other municipality or\npublic corporation, and such bonds shall contain on the face thereof a\nstatement to such effect.\n
N.Y. PBA Law § 2490-L — New York Code / Act PBA / Article 8 / Title 21 / Section 2490-L
Bonds legal investment for fiduciaries
Status: in_force

§ 2490-l. Bonds legal investment for fiduciaries. The bonds of the\nauthority are hereby made securities in which all public officials and\nbodies of the state and all municipalities, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, investment companies and other\npersons carrying on a banking business, and administrators, guardians,\nexecutors, trustees and other fiduciaries and all other persons\nwhatsoever, who are now or may hereafter be authorized to invest in\nbonds or other obligations of the state may properly and legally invest\nfunds including capital in their control or belonging to them. The bonds\nare also hereby made securities which may be deposited with and may be\nreceived by all public officers and bodies of this state and all\nmunicipalities for any purposes for which the deposit of bonds or other\nobligations of this state is now or hereafter may be authorized.\n
N.Y. PBA Law § 2490-B — New York Code / Act PBA / Article 8 / Title 21 / Section 2490-B
Definitions
Status: in_force

§ 2490-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. The term "authority" shall mean the corporation created by section\ntwenty-four hundred ninety-c of this title;\n  2. The term "city" shall mean the city of Saratoga Springs, Saratoga\ncounty, New York;\n  3. The term "board" shall mean the members of the authority;\n  4. The term "mayor" shall mean the mayor of the city of Saratoga\nSprings;\n  5. The term "city council" shall mean the city council of the city of\nSaratoga Springs;\n  6. The term "bonds" shall mean the bonds and where applicable, the\nnotes authorized in this title;\n  7. The term "real property" shall mean lands, including air and\nsubsurface rights and lands under water, structures, franchises and\ninterests in lands and any and all things usually included within the\nsaid terms, including not only fees simple absolute but also any and all\nlesser interests, such as easements, rights of way, uses, leases,\nlicenses, and all other incorporeal hereditaments and every estate,\ninterest or right, legal or equitable, including terms of years, and\nliens thereon by way of judgments, mortgages or otherwise, and also\nclaims for damage to real estate;\n  8. The term "project" shall mean the Saratoga Springs city center to\nbe constructed within the city for the purpose of providing convention\nor trade show facilities and shall include all real and personal\nproperty, driveways, roads, approaches, structures, parking lots,\nmechanical equipment and all appurtenances and facilities either on,\nabove, or under the ground which are used or useable in connection with\nsuch city center.\n
N.Y. ENV Law § 11-2113 — New York Code / Act ENV / Article 11 / Title 21 / Section 11-2113
Effect of posting or service of notice
Status: in_force

§ 11-2113. Effect of posting or service of notice.\n  1. No person shall enter or remain unlawfully or engage in any\nactivity upon land which has been posted pursuant to section 11-2111 in\nviolation of the terms of such posted signs or the terms of any written\nnotice and warning served upon such person pursuant to subdivision four\nof section 11-2111.\n  2. No person shall post any sign prohibiting or limiting activities on\nland pursuant to this article, unless authorized to do so by the owner,\nlawful occupant or other person or organization having authority to post\nsuch lands.\n  3. No unauthorized person shall injure, conceal, deface or remove a\nsign erected and maintained as provided in section 11-2111.\n
N.Y. PBA Law § 1621-C — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-C
Middletown parking authority
Status: in_force

* § 1621-c. Middletown parking authority. 1. A board to be known as\nthe "Middletown parking authority" is hereby created. The board shall be\na body corporate and politic, constituting a public benefit corporation,\nand its existence shall commence upon the appointment of the members as\nprovided in this section.\n  2. (a) The board shall consist of a chairperson and four other\nmembers, all of whom shall be appointed by the mayor with the approval\nof the common council of the city. The appointment of the chairperson\nshall be for a term of four years. Of the other members first appointed,\none shall be appointed for a period of one year, one for a period of two\nyears, one for a period of three years, and one for a period of four\nyears. At the expiration of such terms, the terms of office of the\nsuccessors of the board members shall be four years. Each member shall\ncontinue to serve until the appointment and qualification of his or her\nsuccessor. A board member may be appointed for additional terms.\n  (b) Vacancies on the board occurring otherwise than by the expiration\nof term, shall be filled for the unexpired term by the mayor with the\napproval of the common council.\n  (c) The members of the board shall choose from their number a\nvice-chairperson and such other officers deemed desirable by the board.\n  3. The common council may remove any member of the board for\ninefficiency, neglect of duty or misconduct in office, giving the board\nmember a copy of the charges against the board member and an opportunity\nof being heard in person, or by counsel, in his or her defense, upon not\nless than ten days' notice.\n  4. The members of the board shall be entitled to no compensation for\ntheir services but shall be entitled to reimbursement for their actual\nand necessary expenses incurred in the performance of their official\nduties.\n  5. The powers of the authority shall be vested in and exercised by a\nmajority of the members of the board then in office.\n  6. The board may delegate to one or more of its members or to its\nofficers, agents and employees such powers and duties as it may deem\nproper.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. ENV Law § 27-2109 — New York Code / Act ENV / Article 27 / Title 21 / Section 27-2109
Advisory committee on mercury pollution
Status: in_force

§ 27-2109. Advisory committee on mercury pollution.\n  1. There shall be established, within the department, an advisory\ncommittee on mercury pollution to examine, evaluate and make\nrecommendations concerning the prevention and cleanup of mercury\npollution, and the latest technology for the remediation of mercury\npollution.\n  2. The advisory committee on mercury pollution shall consist of seven\nmembers, each appointed member to serve a term of two years, to be\nappointed as follows:\n  (a) one member appointed by the temporary president of the senate;\n  (b) one member appointed by the speaker of the assembly;\n  (c) the commissioner, or his or her designee; and\n  (d) four members appointed by the governor as follows:\n  (i) one shall be a representative of an industry that manufactures\nmercury-added consumer products,\n  (ii) one shall be a public health specialist,\n  (iii) one shall be a toxicologist, and\n  (iv) one shall be a scientist who is knowledgeable on matters relating\nto mercury contamination.\n  3. The members of such committee shall be broadly representative of\nthe geographic areas of the state. The commissioner, or his or her\ndesignee, shall serve as the chair of the committee. Vacancies in the\nmembership of the committee shall be filled in the manner provided for\noriginal appointments.\n  4. The members of the advisory committee on mercury pollution shall\nreceive no compensation for their services, but shall be allowed their\nactual and necessary expenses incurred in the performance of their\nduties pursuant to this section.\n  5. To the maximum extent feasible, the advisory committee on mercury\npollution shall be entitled to request and receive data from any\ndepartment, division, board, bureau, commission or agency of the state\nor any political subdivision thereof as it may reasonably request to\ncarry out properly its powers and duties pursuant to this section.\n  6. On or before February first, two thousand six, the advisory\ncommittee on mercury pollution shall submit a report to the governor and\nthe legislature relating to:\n  (a) the extent of mercury contamination in the soil, waters and air of\nthe state;\n  (b) the extent of any health risk from mercury contamination in the\nstate, especially to pregnant women, children and people that use fish\nas a major source of food;\n  (c) the methods available to minimize the risk of further\ncontamination or increased health risks to the public;\n  (d) the potential costs of minimizing further risk and recommendations\non how to acquire the funds necessary to reduce contamination and\nminimize the risk of mercury-related health problems;\n  (e) the effectiveness of the provisions of this title in reducing\nmercury contamination and mercury-related health problems; and\n  (f) any necessary coordination with other states to effectively\naddress mercury issues.\n
N.Y. PBA Law § 1621-D — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-D
Purpose and powers of the authority
Status: in_force

* § 1621-d. Purpose and powers of the authority. The purpose of the\nauthority shall be to provide, operate or maintain, or any combination\nthereof, one or more projects in the city. To carry out said purpose,\nthe authority shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, hold and dispose of personal property for its corporate\npurposes, including the power to purchase prospective or tentative\nawards in connection with the condemnation of real property;\n  4. To acquire real property subject to the approval of at least four\nmembers of the common council in the name of the city by purchase or\ncondemnation or gift, and use necessary real property. All real property\nacquired by the authority by condemnation shall be acquired in the\nmanner provided in the eminent domain procedure law, and further\nprovided, that the authority shall give the common council of the city\nwritten notice of its intent to acquire any land by condemnation,\nwhereupon said common council, within a period of forty-five days after\nthe giving of such notice, by resolution voted upon affirmatively by at\nleast two members of such common council, may determine that such land\nshall not be so acquired, in which event the authority shall be without\nfurther power to so acquire the same by condemnation;\n  5. To make by-laws for the management and regulation of its affairs,\nand, subject to agreements with bondholders, for the regulation of the\nproject;\n  6. With the consent of the city to use agents, employees, and\nfacilities of the city, including the corporation counsel, paying to the\ncity its agreed proportion of the compensation or costs;\n  7. To appoint an attorney, and to fix his or her compensation;\n  8. To appoint officers, agents, employees, and consultants, to\nprescribe their qualifications and to fix their compensation; subject,\nhowever, to the provisions of the civil service law, as provided in this\nsection;\n  9. To designate officers and employees, appointed or used by the\nauthority, as specified in this section, who shall be empowered to issue\nappearance tickets as provided for in article one hundred fifty of the\ncriminal procedure law. Persons so designated are hereby authorized to\nissue and serve such tickets for traffic infractions relating to parking\nwithin "project" areas as defined herein, in accordance with law and\nwhen authorized by local law of the city to issue and serve such tickets\nfor traffic infractions committed anywhere in such city including at\nparking spaces controlled by parking meters;\n  10. To make contracts, leases, as lessor or lessee, and any operating\nagreement, and to execute all instruments necessary or convenient;\n  11. To acquire, construct, reconstruct, improve, equip and furnish any\nproject as may be necessary or convenient;\n  12. To maintain and operate any projects;\n  13. To accept grants, loans or contributions from the United States,\nthe state of New York, or any agency or instrumentality of either of\nthem, or the city, or any person, by bequest or otherwise, and to expend\nthe proceeds for any purposes of the authority;\n  14. To fix and collect rentals, fees and other charges for the use of\nany project and to pledge the same, all subject to and in accordance\nwith such agreements with bondholders as may be made as hereinafter\nprovided;\n  15. To construct, operate or maintain in the projects all facilities\nand equipment necessary or convenient in connection therewith; and to\ncontract for the providing, operation or maintenance of any parts\nthereof or for services to be performed; to rent parts thereof, and\ngrant concessions, all on such terms and conditions as it may determine;\nprovided, however, that neither the authority, the city, or any agency\nof the authority or city, or any other person, firm or corporation\nshall, within or on any property comprising a part of any project\nauthorized by this title, sell, dispense or otherwise handle any product\nused in or for the servicing of any motor vehicle using any project or\nfacilities authorized by this title.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. PBA Law § 1621-E — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-E
Civil service status of officers and employees
Status: in_force

* § 1621-e. Civil service status of officers and employees. Officers\nand employees of any board, commission or department of the city may be\ntransferred to the authority in accordance with the provisions of the\ncivil service law and shall be eligible for such transfer and\nappointment without examination to offices and positions under the\nauthority. Officers and employees of the city who are members or\nbeneficiaries of any existing pension or retirement system shall\ncontinue to have the rights, privileges, obligations and status with\nrespect to such system or systems as are now prescribed by law, and all\nsuch employees who have been appointed to positions in the service of\nthe city under the rules of the municipal civil service commission of\nthe city shall have the same status with respect thereto after transfer\nto the authority as they had under their original appointments. The\nappointment and promotion of all employees of the authority shall be\nmade in accordance with the provisions of the civil service law and all\nemployees of the authority shall have the same rights and benefits as\ncity employees.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. PBA Law § 1621-P — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-P
Remedies of bondholders
Status: in_force

* § 1621-p. Remedies of bondholders. 1. In the event that the\nauthority shall default in the payment of principal of or interest on\nany issue of the bonds after the same shall become due, whether at\nmaturity or upon call for redemption, and such default shall continue\nfor a period of thirty days, or in the event that the authority shall\nfail or refuse to comply with the provisions of this title, or shall\ndefault in any agreement made with the holders of any issue of the\nbonds, the holders of twenty-five per centum in aggregate principal\namount of the bonds of such issue then outstanding, by instrument or\ninstruments filed in the office of the clerk of the county of Orange and\nproved or acknowledged in the same manner as a deed to be recorded, may\nappoint a trustee to represent the holders of such bonds for the\npurposes provided in this section.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in the trustee's own name:\n  (a) by mandamus or other suit, action or proceeding, at law or in\nequity, enforce all rights of the bondholders, including the right to\nrequire the authority to collect revenues adequate to carry out by any\nagreement as to, or pledge of, such revenues, and to require the\nauthority to carry out any other agreements with the holders of such\nbonds and to perform its duties under this title;\n  (b) bring suit upon such bonds;\n  (c) by action or suit in equity, require the authority to account as\nif it were the trustee of an express trust for the holders of such\nbonds;\n  (d) by action or suit in equity, enjoin any acts or things which may\nbe unlawful or in violation of the rights of the holders of such bonds;\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders. The venue of any\nsuch suit, action or proceeding shall be laid in the county of Orange.\n  4. Before declaring the principal of all such bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith bondholders, shall take possession of all moneys and other property\nderived from or applicable to the acquisition, construction, operation,\nmaintenance and reconstruction of such part or parts of the project and\nproceed with the acquisition of any real property necessary or\nconvenient in connection with the project that the authority has\ncovenanted to construct, and with any construction which the authority\nis under obligation to do and to operate, maintain and reconstruct such\npart or parts of the project and collect and receive all revenues\nthereafter arising therefrom subject to any pledge thereof or agreement\nwith bondholders relating thereto and perform the public duties and\ncarry out the agreements and obligations of the authority under the\ndirection of the court. In any suit, action or proceeding by the\ntrustee, the fee, counsel fees and expenses of the trustee and of the\nreceiver, if any, shall constitute taxable disbursements and all costs\nand disbursements allowed by the court shall be a first charge on any\nrevenues derived from such project.\n  6. Such trustee shall, in addition to the foregoing, have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth in this section or incident to the\ngeneral representation of bondholders in the enforcement and protection\nof their rights.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. PBA Law § 1621-K — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-K
Agreements of the city and the state
Status: in_force

* § 1621-k. Agreements of the city and the state. 1. The city is\nauthorized to, and the state of New York does hereby pledge to and agree\nwith the holders of the bonds or notes that neither the city nor the\nstate, respectively, will limit or alter the rights hereby vested in the\nauthority to acquire, construct, reconstruct, improve, equip, furnish,\nmaintain or operate any project or projects, to establish and collect\nrentals, fees and other charges and to fulfill the terms of any\nagreements made with the holders of the bonds or notes, or in any way\nimpair the rights and remedies of the bondholders or noteholders, until\nthe bonds or notes, together with interest thereon, with interest on any\nunpaid installments of interest and all costs and expenses in connection\nwith any action or proceeding by or on behalf of the bondholders or\nnoteholders, are fully met and discharged.\n  2. The authority is hereby authorized, in its discretion, for and on\nbehalf of itself and, subject to approval by the common council and the\nmayor of the city of Middletown, to covenant and agree with the holders\nof the bonds or notes, with such exceptions and limitations as it may\ndeem in the public interest and in the interests of the authority's\nbondholders and noteholders, that no public parking areas or spaces,\nincluding the installation and operation of parking meters on the public\nstreets of the city, except those acquired and operated by the authority\nwill be constructed or operated in the city by the city (except as\nhereinafter provided), or by any public benefit or other corporation,\nthe members of which are elected or appointed by city officials, until\neither: (a) the bonds or notes, together with interest thereon, interest\non any unpaid installments of interest and all costs and expenses in\nconnection with any action or proceeding by or on behalf of the\nbondholders or noteholders are fully met and discharged; or (b)\nprincipal or interest of any of the bonds or notes shall be overdue and\nunpaid for a period of three years or more; provided, however, nothing\ncontained in this section shall be deemed to impair the right of the\ncity to continue to operate the presently existing municipal parking\nfacilities and any replacements thereof.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. ENV Law § 15-2137 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2137
Hudson River-Black River Regulating District; old boards abolished; new board created
Status: in_force

§ 15-2137. Hudson River-Black River Regulating District; old boards\n             abolished; new board created.\n  1. The Hudson River Regulating District and the Black River Regulating\nDistrict created pursuant to this article are hereby consolidated into a\nsingle district, to include the areas of both such districts, and to be\nknown as the Hudson River-Black River Regulating District.\n  2. Except as hereinafter provided, the board of the Hudson River\nRegulating District and the board of the Black River Regulating District\nare hereby abolished, and all of the jurisdiction, functions, powers,\nduties and obligations possessed or exercised by, or for which\ncommitments have been made by, such boards, including lands or property\nacquired, moneys of the boards, and actions taken or determinations made\nby such boards, are hereby transferred to, assigned to and devolved upon\nthe Hudson River-Black River Regulating District and its board.\n  3. Notwithstanding any provision of titles 21, 23 and 25 of this\narticle, a board of the Hudson River-Black River Regulating District is\nhereby created to consist of seven members to be appointed by the\ngovernor not less than three of whom shall be residents of the territory\ncomprising the Black River area and not less than three of whom shall be\nresidents of the territory comprising the Hudson River area. The\ngovernor shall appoint one member for a term ending September 1, 1960,\none for a term ending September 1, 1961, one for a term ending September\n1, 1962, one for a term ending September 1, 1963, and one for a term\nending September 1, 1964, and thereafter, on the expiration of their\nrespective terms of office, appointments shall be made for terms of five\nyears. The governor shall appoint two additional board members, each of\nwhom shall serve for a term of five years from the effective date of his\nor her appointment; provided, however, that the board members first\nappointed on or after the effective date of the chapter of the laws of\ntwo thousand five which amended this subdivision shall serve an initial\nterm of two years from the effective date of such appointment. The\ngovernor shall fill any vacancy on such board within thirty days after\nit occurs for the remainder of the term of office.\n
N.Y. PBA Law § 1621-B — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-B
Definitions
Status: in_force

* § 1621-b. Definitions. As used or referred to in this title, unless\na different meaning clearly appears from the context:\n  1. The term "authority" shall mean the corporation created by section\nsixteen hundred twenty-one-c of this title;\n  2. The term "city" shall mean the city of Middletown;\n  3. The term "bonds" and "notes" shall mean the bonds and notes,\nrespectively, authorized in this title;\n  4. The term "board" shall mean the board established pursuant to\nsection sixteen hundred twenty-one-c of this title;\n  5. The term "real property" shall mean lands, structures, franchises,\nand interest in lands, and any and all things usually included within\nthe said term, and includes not only fees simple absolute but also any\nand all lesser interests, such as easements, rights of way, and rights,\nsub-surface rights, uses, leases, licenses, and all other incorporeal\nhereditaments and every estate, interest or right, legal or equitable,\nincluding terms of years, and liens thereon by way of judgments,\nmortgages or otherwise, and also claims for damage to real estate, in\nthe area of the city; and\n  6. The term "project" or "projects" shall mean any area or place\noperated or to be operated by the authority for the parking or storing\nof motor and other vehicles and shall, without limiting the foregoing,\ninclude all real and personal property, driveways, roads, approaches,\nstructures, terminals of all kinds, garages, meters, mechanical\nequipment, and all appurtenances and facilities either on, above or\nunder the ground which are used or usable in connection with such\nparking or storing of such vehicles in the area of the city.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. ENV Law § 71-2107 — New York Code / Act ENV / Article 71 / Title 21 / Section 71-2107
Injunctions
Status: in_force

§ 71-2107. Injunctions.\n  It shall be the duty of the attorney general upon the request of the\ncommissioner to bring an action for an injunction against any person\nviolating a provision of article nineteen; any code, rule or regulation\npromulgated pursuant thereto; or any order of the commissioner issued\npursuant thereto; provided, however, that the commissioner shall furnish\nthe attorney general with such material, evidentiary matter, or proof as\nmay be requested by the attorney general for the prosecution of such\naction. In any action for injunction brought pursuant to this title, any\nfinding of the commissioner shall be prima facie evidence of the fact or\nfacts found therein.\n
N.Y. ENV Law § 11-2107 — New York Code / Act ENV / Article 11 / Title 21 / Section 11-2107
Consent for the United States to acquire land or water for the establishment of migratory bird reservations
Status: in_force

§ 11-2107. Consent for the United States to acquire land or water for\n             the establishment of migratory bird reservations.\n  Consent of the state is given to the acquisition by the United States\nby purchase, gift, devise or lease of such areas of land or water, or of\nland and water, in the state of New York, as the United States may deem\nnecessary for the establishment of migratory bird reservations in\naccordance with the Migratory Bird Conservation Act (16 U.S.C. § 715),\nreserving, however, to the state of New York full jurisdiction and\nauthority over all such areas not incompatible with the administration,\nmaintenance, protection and control thereof by the United States under\nthe terms of such act of Congress.\n
N.Y. PBA Law § 1621-G — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-G
Construction and purchase contracts
Status: in_force

* § 1621-g. Construction and purchase contracts. 1. The authority\nshall let contracts for construction in the same manner, so far as\npracticable, as is provided by law for contracts for the city, except\nthat where the estimated expense of a contract does not exceed five\nthousand dollars such contract may be entered into without public\nletting. Nothing in this section shall be construed to limit the power\nof the authority to do any construction directly by the officers, agents\nand employees of the authority. Contracts for the purchase of supplies,\nmaterials and equipment shall be let in the same manner as is provided\nby law for contracts of the city.\n  2. For the purposes of article fifteen-A of the executive law only,\nthe authority shall be deemed a state agency, as the term is used in\nsuch article, and its contracts for design, construction, services and\nmaterials shall be deemed state contracts within the meaning of that\nterm as set forth in such article.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. ENV Law § 15-2129 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2129
Financing
Status: in_force

§ 15-2129. Financing.\n  1. After the cost of any improvement made or to be made under title 21\nof this article has been apportioned among the public corporations and\nparcels of real estate benefited as herein provided and after such\napportionment has been assessed upon such public corporations and\nparcels of real estate, the board may finance the cost of any such\nimprovement pursuant to the Local Finance Law. Any bonds issued for such\npurposes shall not be construed in any event as bonds or indebtedness of\nthe state, and the state shall not be obligated to pay the principal or\ninterest therefor. Such bonds shall be lawful investments for trustees\nand savings banks of the state and for any of the funds of the state\nwhich by law may be invested.\n  2. The board shall annually include in the installment of the\nassessment to be collected in that year a sum sufficient to provide for\nthe payment of the principal of and interest on obligations issued for\nsuch purposes and maturing in that year.\n  3. The proceeds of the sale of obligations issued for the purposes of\ntitle 21 of this article, together with all other revenues of the board\nfrom whatever source derived, shall be deposited in such national or\nstate bank or banks or trust company or trust companies at Albany or\nwithin the regulating district as are approved by the Comptroller and\nthe board, subject, however, to the provisions of section 165.00 of the\nLocal Finance Law. Before any such deposit is made the Comptroller shall\nrequire from any such bank or trust company security for repayment of\nthe same to such board or to the Comptroller upon demand for the money\nso deposited in the manner provided in section 106 of the State Finance\nLaw. All moneys received by the board under the provisions of title 21\nof this article, except from assessments levied to pay the cost of\nconstruction, shall constitute a fund to be known as the "general fund"\nof the district.\n  4. All moneys received from assessments levied to pay the cost of\nconstruction, together with such part of any surplus in the "general\nfund" as shall be determined by the board over and above the\nrequirements for the construction, maintenance and operation of the\nreservoir, including the amount raised for a reasonable return to the\nstate, shall constitute a separate fund, to be known as the "debt\nservice fund," the moneys in which shall be applied to the payment of\nprincipal of and interest on obligations issued for the purposes of\ntitle 21 of this article, except when the total cost of construction is\npaid without the issuance of obligations, in which case the moneys\napplicable thereto shall be paid into the "general fund." Any\ninstallment or installments of the assessment which shall become payable\nbefore any obligations have been issued, shall be paid by the\nComptroller into the "general fund" and applied to the payment of the\ncost of construction. The Comptroller is authorized and directed to pay\nfrom the "debt service fund" the principal of and interest on\nobligations issued for the purposes of title 21 of this article.\n  5. All moneys in said "debt service fund" shall be applied by the\nComptroller to the payment of the principal of and interest on such\nobligations, except as aforesaid, and to the purchase of the same in the\nopen market when possible and while awaiting such purchase such excess\nshall be invested or kept at interest in the same manner as sinking\nfunds of the state of like nature are invested. If any moneys remain in\nthe "debt service fund" after all outstanding obligations have been paid\nup and redeemed, such moneys shall be paid into the "general fund" and\nmay be used to pay the expenses of maintenance and operation and other\nexpenses.\n  6. The board may invest and reinvest any moneys of the "general fund"\nwhich are not required to be deposited in accordance with the provisions\nof section 165.00 of the Local Finance Law. Any such investment shall be\nmade only in obligations of the federal government and the State of New\nYork, and in certificates of deposit of banks or trust companies or in\nbank or trust accounts of banks in this state, secured by obligations of\nthe United States of America or of the state of New York of a market\nvalue equal at all times to the amount of the deposit and with the\napproval of the Comptroller. The board may sell and dispose of any\nsecurities purchased for investment pursuant to this paragraph at any\ntime with the consent of the Comptroller, and the proceeds thereof shall\nbe paid to the Comptroller and deposited in the "general fund."\n  7. Any obligations purchased for investment pursuant to this section\nshall be delivered by the seller to the Comptroller who shall be the\ncustodian thereof until the same are sold or otherwise disposed of.  The\nComptroller also shall collect the income of such investments and\ndeposit such income in the "general fund." Except that certificates of\ndeposit purchased for the Black river regulating district shall be\nretained in the office of the said Black river regulating district at\nWatertown, New York and a statement shall be filed with the Comptroller\nlisting such certificate or certificates, the amount thereof, the\ninterest due and payable thereon, the mateurity date thereof, the issuer\nof such certificate and such other information as shall be required by\nthe Comptroller.\n  8. All payments from the "general fund" of the district shall be made\nby requisition of the board signed by the board or by the officer or\nofficers thereof authorized by it so to do and audited and countersigned\nby the Comptroller.\n  9. The board shall keep in suitable books a complete record of its\nfinancial transactions, and the books shall be audited from time to time\nby the Comptroller.\n