N.Y. PBA Law § 1207-M — New York Code / Act PBA / Article 5 / Title 9 / Section 1207-M
Transit projects
Status: in_force

§ 1207-m. Transit projects. 1. The term "transit project" as used in\nthis section shall have the meaning given to such term from time to time\nin section twelve hundred sixty-six-c of this article. The provisions of\nthis section shall be controlling and the authority and its subsidiaries\nshall have the powers provided in this section notwithstanding any\ncontrary provision of this title or of local law or of any lease or\nother agreement with the city.\n  2. (a) The authority is hereby authorized to request the metropolitan\ntransportation authority to undertake any transit project and the\nauthority and its designated subsidiaries are each hereby authorized (i)\nto enter into agreements with the metropolitan transportation authority\nconcerning transit projects; (ii) to acquire in its own name by gift,\npurchase or condemnation any real or personal property (or any interest\ntherein) which is needed or useful for or in connection with such\nproject, and to surrender the use, occupancy, control or possession of\nor to transfer the same, or any other such real or personal property (or\nany interest therein) which it owns, leases, operates or controls, to\nthe metropolitan transportation authority or its designee; (iii) to\naccept a transfer, transfer back, lease or sublease of any such project\nor part thereof upon its completion; and (iv) to make its agents,\nemployees and facilities available to the metropolitan transportation\nauthority in connection therewith.\n  (b) The authority and its subsidiary corporation is each hereby\nauthorized to sell or transfer, without regard as to how or from whom\nacquired, all or part of its interest in any equipment which is deemed\nto be a mass commuting vehicle under the United States internal revenue\ncode or the regulations thereunder, including, without limitation, any\nof the same obtained as transit projects or obtained from or financed\nwith money received from the Triborough bridge and tunnel authority, for\nsuch consideration and on such terms or conditions as it may deem\nappropriate, and to obtain a lease from the transferee on such terms and\nconditions and for such period as it may deem appropriate pursuant to\nwhich it may operate, use, control or possess such mass commuting\nvehicle in furtherance of the statutory purposes of the authority and\nits subsidiaries, provided (i) such lease contains an option to the\nauthority or its subsidiary corporation to repurchase its interest at\nthe expiration of the scheduled lease term for nominal consideration,\nand (ii) the aggregate of the regularly scheduled rental payments which\nthe authority or its subsidiary corporation is obligated to make\npursuant to such lease during each twelve month period of the lease term\nshall not exceed the aggregate amount receivable, whether by principal\nor interest, by the authority or its subsidiary corporation from its\ntransferee during each such twelve month period. Without limitation of\nthe foregoing, any lease entered into pursuant hereto may also contain\nprovisions requiring the authority or its subsidiary corporation to\nindemnify the transferee for any loss resulting from the loss or\ndestruction of any mass commuting vehicle which is the subject of such\nlease, or any loss arising out of any misrepresentation, act, or\nomission of the authority or its subsidiary in connection with such\nlease, and requiring the authority or its subsidiary corporation to\nundertake to replace, repair or restore any such mass commuting vehicle,\nbut such obligations shall not be deemed regularly scheduled rental\npayments for purposes of the preceding sentence. Rental payments and\nother payments or costs incurred by the authority or its subsidiary\ncorporation in discharge of its obligations under any lease entered into\nas hereinabove provided shall not be deemed capital costs for the\npurposes of section twelve hundred three or twelve hundred three-a of\nthis title, and the considerations received by the authority or its\nsubsidiary corporation in connection with any transactions entered into\npursuant to the authorization of this paragraph may be expended free of\nany restriction set forth in subparagraph (ii) of paragraph (b) of\nsubdivision one of section twelve hundred three or in paragraph (c) of\nsubdivision five of section twelve hundred three-a of this title.\n  (c) Neither the authority nor its subsidiary shall enter into any\ntransaction authorized by paragraph (b) of this subdivision unless the\nfollowing standards and procedures have been met:\n  (i) notice of intention to negotiate shall be published in at least\none newspaper of general circulation, and a copy thereof shall be mailed\nto all parties who have requested notification from the authority or its\nsubsidiary to engage in transactions of this type.  Such notice shall\ndescribe the nature of the proposed transaction and the factors subject\nto negotiation, which shall include, but not be limited to, the price to\nbe paid to the authority or its subsidiary;\n  (ii) the authority or its subsidiary shall negotiate with those\nrespondents whose response complies with the requirements set forth in\nthe notice;\n  (iii) the board of the authority or its subsidiary shall resolve on\nthe basis of particularized findings relevant to the factors negotiated\nthat such transaction will provide maximum available financial benefits,\nconsistent with other defined objectives and requirements.\n  (d) The authority and its subsidiary shall provide to the governor,\nthe temporary president of the senate, the speaker of the assembly, the\nminority leader of the senate and the minority leader of the assembly,\nnotice of each lease entered into pursuant to paragraph (b) of this\nsubdivision and supporting documentation of compliance by the authority\nand its subsidiary with subparagraphs (i), (ii) and (iii) of paragraph\n(c) of this subdivision.\n  (e) Paragraphs (c) and (d) of this subdivision shall be of no force\nand effect with respect to any lease transaction entered into pursuant\nto a commitment approved prior to January first, nineteen hundred\neighty-five by the board of the authority or its subsidiary or the board\nof the metropolitan transportation authority.\n  3. The authority and its designated subsidiaries are hereby\nauthorized, in connection with any transit project, to pay or agree to\npay, in a manner and on terms and conditions satisfactory to the\nmetropolitan transportation authority, any portion of the costs to the\nmetropolitan transportation authority of such transit project and the\nfinancing thereof which is not paid to the metropolitan transportation\nauthority from any federal, state or local aid or assistance or from any\nother moneys made available or payable to the metropolitan\ntransportation authority by others for such project.\n  4. (a) Such agreements with the metropolitan transportation authority\nmay, without limitation, contain provisions obligating the authority or\nits designated subsidiary to:\n  (i) issue its notes or bonds, or execute and deliver its lease,\nsublease and other such contractual obligations, in payment for a\ntransfer, lease or sublease of a transit project to any of them,\nprovided, however, that in no event shall the aggregate principal amount\nof all notes and bonds together with the capitalized value of all lease,\nsublease and other such contractual obligations, exceed the sum of one\nbillion six hundred million dollars, excluding from such limitation (A)\nthe principal amount of any bonds or notes of the authority to the\nextent the amount thereof is paid, is payable or has been agreed to be\npaid by the federal government or any agency or instrumentality thereof\nto the authority or to the holders of such bonds or notes, (B) the\nprincipal amount of any bonds or notes of the authority issued to refund\nor otherwise repay other obligations issued for such transit projects,\n(C) the principal amount of any bonds or notes and the capitalized value\nof any lease, sublease or other such contractual obligation, to the\nextent such obligations are paid or agreed to be paid, subject to annual\nappropriation, under service contracts issued by the state to the\nmetropolitan transportation authority for the benefit of the authority\nor its subsidiaries pursuant to the provisions of section sixteen of the\ntransportation systems assistance and financing act of 1981, or under\nany similar contract of the metropolitan transportation authority or the\nauthority with any other governmental entity for the benefit of the\nauthority or its subsidiaries, (D) the principal amount of any bonds or\nnotes of the authority issued to the metropolitan transportation\nauthority in connection with the funding of any debt service reserve\nfund required by any resolution of the metropolitan transportation\nauthority pursuant to which special obligation bonds of that authority\nto fund a transit project were issued, and (E) a principal amount of any\nbonds or notes of the authority equal to the amount of any original\nissue discount from the principal amount of the special obligation bonds\nor notes issued by the metropolitan transportation authority in\nconnection with the financing of a transit project by that authority;\n  (ii) give security for the payment of such notes, bonds, lease,\nsublease or other contractual obligations, including a pledge of all or\nany part of its revenues or other moneys, which pledge may contain\ncovenants with respect to the charging and fixing of fares, fees and\nrentals, the use and disposition of such fares, fees, rentals and other\ncharges, and the setting aside of reserves therefrom.\n  (b) Such agreements, and any notes, bonds, lease, sublease or other\ncontractual obligations issued or entered into by the authority or its\ndesignated subsidiary pursuant thereto, may, without limitation, also\ncontain provisions as to:\n  (i) limitations with respect to the use and disposition of transit\nprojects and with respect to any other transit facilities;\n  (ii) limitations on the issuance of additional bonds, notes, lease,\nsublease or other contractual obligations, the terms upon which they may\nbe secured and the funding or refunding thereof;\n  (iii) with respect to bonds or notes, vesting in a trustee or trustees\nsuch property rights, powers and duties in trust as it may determine,\nwhich rights, powers and duties may include, but shall not be limited\nto, those set forth in section twelve hundred seven-h of this title;\n  (iv) defining the acts or omissions to act which shall constitute a\ndefault and providing rights and remedies in the event of default;\n  (v) any other matters, of like or different character, which in any\nway affect the security or protection of the metropolitan transportation\nauthority or any lessor; and\n  (vi) consenting to the extending or assignment by the metropolitan\ntransportation authority or by any lessor to the holders of any of its\nbonds, notes or lease obligations of all of the benefits and rights of\nthe metropolitan transportation authority or of such lessor provided by\nany such agreement or other instrument.\n  (c) The term "revenues" as used in this subdivision shall include all\nthose moneys referred to in section twelve hundred of this article, as\nwell as all operating subsidies provided by any public benefit\ncorporation or by any governmental entity, federal, state or local.\n  (d) The term "capitalized value" as used in this subdivision shall\nmean the present value of all future payments required under a lease,\nsublease and other such contractual obligation discounted at a rate of\ninterest determined on the basis of the net interest cost of the last\nmetropolitan transportation authority's special obligation bonds issued\nprior to the execution of any such lease, sublease or other contractual\nobligation or, if no such bonds have been issued, on the basis of the\nnet interest cost of the last bonds issued by the Triborough bridge and\ntunnel authority, issued in payment for the transfer, lease or sublease\nof any such transit projects.\n  5. It is the intention hereof that, subject to such agreements with\nbondholders or noteholders as may then exist, any pledge of revenues or\nother moneys made by the authority or its subsidiaries shall be valid\nand binding from the time when the pledge is made; that the revenues or\nother moneys so pledged and thereafter received by the authority or its\nsubsidiaries 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 or its subsidiaries irrespective of whether such parties have\nnotice thereof. Neither the agreement nor any other instrument by which\na pledge is created need be recorded.\n  6. So long as the authority or any of its subsidiaries shall have any\noutstanding and unpaid obligation in connection with a transit project,\nthe authority and such subsidiaries shall have the power at all times to\nfix or adjust the rate or rates of fares, fees, rentals or other charges\nto be charged for the use of their transit facilities as may, together\nwith all other lawfully available moneys, be necessary in their judgment\nto produce sufficient revenues to pay such obligations as the same\nbecome due, in addition to paying as the same shall become due expenses\nof operation of the transit facilities and satisfying all other\nobligations of the authority and such subsidiaries. No acts or\nactivities taken or proposed to be taken by the authority pursuant to\nthis subdivision shall be deemed to be "actions" for the purposes or\nwithin the meaning of article eight of the environmental conservation\nlaw.\n  7. (a) In connection with (i) the lease between the city and the\nauthority dated June first, nineteen hundred fifty-three, and (ii) the\nlease between the city and the Manhattan and Bronx surface transit\noperating authority dated March twentieth, nineteen hundred sixty-two\n(such leases, as heretofore supplemented, amended or renewed, and the\ntenancies originally created thereby, being referred to in this section\nas "the existing leases"), the city, acting either by the mayor alone or\nby resolution of the board of estimate, or by instruments authorized by\nsuch resolution, and the authority are authorized to enter into\nagreements for renewal or extension of the existing leases, or for new\nleases, for such terms of years and upon such other terms and conditions\nas the parties thereto shall agree and the metropolitan transportation\nauthority shall approve, provided that under the terms thereof, the\nrights, privileges and obligations of the parties are not inconsistent\nwith the provisions of, or in derogation of the powers of the authority\nall as provided in title nine of article five of this chapter, and\nprovided further that such agreements shall in no way impair the rights\nor powers of the authority or the Manhattan and Bronx surface transit\noperating authority to fulfill the terms of any contract made by either\nof them with the holders of any of their then outstanding bonds or\nnotes, and such agreements shall provide that such leases may not be\nterminated or permitted to expire or be amended in any way inconsistent\nwith the provisions of any agreement, bond, note, lease, sublease or\nother contractual obligation given or made by either of them in\nconnection with a transit project. Neither the provisions of section one\nhundred ninety-seven-c of the New York city charter, relating to a\nuniform land use review procedure, nor the provisions of any other local\nlaw of like or similar import shall apply to the renewal or extension of\nthe existing leases or to the making of new leases as herein provided.\n  (b) Notwithstanding the provisions of any other law, general, special\nor local, or the provisions of the existing leases, if either of the\nagreements authorized by paragraph (a) above is not entered into, but a\nnote, bond, lease, sublease or other contractual obligation for a\ntransit project has been issued or entered into, then (i) no party to an\nexisting lease may terminate the same, serve any notice of termination\npursuant thereto, exercise any option to terminate reserved therein or\npermit the expiration thereof, (ii) the city shall not in any way limit\nor disturb any right of the tenant to use, occupy, control and possess\nany of the properties, facilities or revenues which are the subject of\nsuch existing lease, and (iii) the city shall not seek to enforce such\nexisting lease in any way inconsistent with or contrary to the manner in\nwhich such existing lease had been administered prior to the enactment\nof this section or inconsistent with or contrary to the interests of the\nmetropolitan transportation authority or any lessor under any agreement,\nnotes, bonds, lease, sublease or other contractual obligations of the\nauthority or any of its subsidiaries issued or entered into in\nconnection with a transit project (and to the extent the provisions of\nsuch leases conflict at any time or in any manner with the provisions of\nany such note, bond, lease, sublease or other contractual obligation,\nthe provisions of such note, bond, lease, sublease or other contractual\nobligation shall be controlling and conflicting provisions of the leases\nwith the city shall be disregarded), unless prior thereto the city has\nsatisfied all of such outstanding notes, bonds or other contractual\nobligations and provided for the termination of all such agreements,\nleases and subleases, all in accordance with their terms.  If and to the\nextent moneys are paid by the city to the authority or its subsidiaries\nto satisfy their obligations to the metropolitan transportation\nauthority under such instruments, the authority and such subsidiaries\nshall remit such moneys to the metropolitan transportation authority,\nwhich shall, in turn, apply the same to the satisfaction and termination\nof its own notes, bonds and leases issued or entered into in connection\nwith a transit project in accordance with their terms.\n  (c) Upon termination or expiration of a new lease or of a renewed or\nextended existing lease as permitted in paragraph (a) of this\nsubdivision, or upon satisfaction of the requirements of paragraph (b)\nof this subdivision, title to any real or personal property (or any\ninterest therein) constituting all or any part of a transit project then\nvested in the authority or any of its subsidiaries or the metropolitan\ntransportation authority pursuant to the provisions of this chapter\nshall be transferred without further consideration or payment to the\ncity.\n  8. The state of New York does hereby pledge to and agree with the\nauthority and its subsidiaries and the metropolitan transportation\nauthority and the holders of bonds or notes or lease, sublease or other\ncontractual obligations issued by any of them in connection with a\ntransit project or in connection with the transfer of the interest of\nany of them in and the lease from the transferee of any property\nfurnished to it pursuant to chapter twelve of the laws of nineteen\nhundred seventy-nine or section fifteen of chapter three hundred\nfourteen of the laws of nineteen hundred eighty-one, or in connection\nwith any transaction entered into pursuant to the authorization of\nparagraph (b) of subdivision two of this section, that the state will\nnot limit or alter the denial of authority under subdivision eleven of\nthis section, or the rights and powers vested in the authority and its\nsubsidiaries by this title to fulfill the terms of any agreement made by\nany of them with the metropolitan transportation authority or with such\nholders, or in any way impair their rights and remedies until such\nagreements, bonds, notes, and obligations, together with the interest\nthereon and all costs and expenses in connection with any action or\nproceedings by or on behalf of the metropolitan transportation authority\nor such holders, are fully met and discharged. The authority and its\nsubsidiaries are each authorized to include this pledge and the\nagreement of the state in any agreement with the holders of such bonds\nor notes or lease, sublease or other obligations and in any agreement\nwith the metropolitan transportation authority relating to a transit\nproject which may extend the same to the holders of its bonds, notes and\nlease obligations.\n  9. The provisions of this section and of all agreements undertaken by\nthe authority or any of its subsidiaries in accordance therewith shall\nin all respects be subject to the rights of the holders of any\noutstanding bonds or notes of the authority and its subsidiaries.\n  10. In connection with the negotiation, award and implementation of\ncontracts of the authority relating to transit projects, the provisions\nof paragraphs (a), (b), (c) and (d) of subdivision thirteen of section\ntwelve hundred sixty-six-c of this article shall apply to the authority\nas if it were the "authority" referred to therein, and the officer\ndesignated by the metropolitan transportation authority pursuant to\nparagraph (e) of such subdivision shall perform the duties therein\ndescribed with respect to such contracts of the authority.\n  11. So long as the authority or any of its subsidiaries, or\nmetropolitan transportation authority, shall have outstanding any notes,\nbonds, lease, sublease or other contractual obligations authorized by\nthis section or section twelve hundred sixty-six-c or twelve hundred\nsixty-nine of this article, or which have been issued or incurred in\nconnection with the transfer of the interest of any of them in and the\nlease from the transferee of any property furnished pursuant to chapter\ntwelve of the laws of nineteen hundred seventy-nine or section fifteen\nof chapter three hundred fourteen of the laws of nineteen hundred\neighty-one, neither the authority nor any of its subsidiaries shall have\nthe authority to file a voluntary petition under chapter nine of the\nfederal bankruptcy code, or such corresponding chapter, chapters, or\nsections as may, from time to time, be in effect, and neither any public\nofficer nor any organization, entity or other person shall authorize the\nauthority or any of its subsidiaries to be or become a debtor under said\nchapter nine or said corresponding chapter, chapters or sections during\nany such period.\n  12. A project financed by the authority's issuance of its bonds, notes\nor other obligations, pursuant to subdivision one-a of section twelve\nhundred seven-b of this title shall be deemed to constitute a transit\nproject for the purposes of this section and any notes, bonds, lease,\nsublease or other contractual obligations with respect to such project\nshall, for purposes of this section, be deemed to have been authorized\nby this section; provided, however, that such project shall not be\ndeemed to constitute part of any capital program plan for the purposes\nof section twelve hundred sixty-nine-b of this article nor shall the\nprincipal amounts of any bonds or notes, nor the capitalized value of\nany lease, sublease, or other contractual obligation of the authority,\nissued or entered into by the authority pursuant to such subdivision\none-a, be included in any computation pursuant to subdivision four of\nthis section.\n
N.Y. RSS Law § 375-H — New York Code / Act RSS / Article 8 / Title 9 / Section 375-H
Career retirement plan for state employees; new plan
Status: in_force

§ 375-h. Career retirement plan for state employees; new plan. a. A\nmember of the retirement system in the employ of the state may retire on\nor after attainment of age fifty-five and receive a retirement allowance\nconsisting of the following, provided he has twenty or more years of\ntotal service:\n  1. An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, and\n  2. A pension of one-fiftieth of final average salary for each year of\nservice after March thirty-first, nineteen hundred sixty, and\n  3. A pension which, when added to the annuity which is the actuarial\nequivalent of the member's accumulated contributions attributable to\nyears of service prior to April first, nineteen hundred sixty computed\non the basis of his rate of normal contribution, shall provide a\nretirement allowance of one-fiftieth of final average salary for each\nyear of service prior to April first, nineteen hundred sixty. For the\npurpose of computing the pension described in this paragraph, the\nannuity shall be computed as it would be if it were not reduced by the\nactuarial equivalent of any outstanding loan nor by reason of the\nmember's election to decrease his contributions toward retirement in\norder to apply the resulting amount toward payment of contributions for\nold age and survivor's insurance coverage. For the purpose of computing\nthe annuity described in this paragraph the rate of normal contribution\nfor a member who (i) transferred into the retirement system shall not be\nless than the rate the member would have had if all his service had been\nrendered as a member of the retirement system, or (ii) is in a special\nservice plan, or transfers into this plan from a special service plan,\nshall be the rate established for him under such plan.\n  b. That portion of the pension reserve provided pursuant to the\nprovisions of this section which is in excess of the pension reserve\nthat would have been established had this section not been in effect\nshall not be included in computing any pension reserve payable pursuant\nto the provisions of section three hundred sixty of this chapter.\n  c. A member of the retirement system who enters or reenters the employ\nof the state on or after April first, nineteen hundred sixty-nine, shall\nnot be entitled to have his retirement allowance computed pursuant to\nthe provisions of this section unless:\n  (1) Such member renders five or more years of service in the employ of\nthe state after such entry or reentry, or\n  (2) Immediately prior to service with the state, service was rendered\nwhile a member of a retirement system maintained by the state or a\nmunicipality thereof, operating on a sound actuarial basis and subject\nto the supervision of the department of financial services of this\nstate, in a plan which provides service retirement benefits equal or\nsuperior to those provided under this section and at the date of his\nretirement such member would have been eligible for such benefits had he\nnot separated from service with such employer.\n  d. A member eligible for a vested retirement allowance pursuant to the\nprovisions of section three hundred seventy-six of this chapter who\nseparates from the employ of the state on or after April first, nineteen\nhundred seventy with twenty or more years of total service, and who\nwould have been eligible to have his retirement allowance computed\npursuant to the provisions of this section had he at the time of\nseparation attained age fifty-five, shall at the time he becomes\neligible to receive the vested retirement allowance be entitled to have\nsuch allowance computed in the manner prescribed by this section.\n  e. In addition to the retirement allowance provided pursuant to the\nplan set forth in section three hundred eighty-one an employee who is a\nmember of such plan, but is not a member of the state police, who\nretires on or after April first, nineteen hundred seventy with more than\ntwenty-five years of total service shall be entitled to receive, in\naddition to the benefits provided pursuant to such section and\nnotwithstanding the limitations of such section, an additional\nretirement allowance for such years of service rendered in excess of\ntwenty-five. The additional retirement allowance for such additional\nyears of service shall be computed as if such member had been eligible\nto have his retirement allowance computed pursuant to provisions of\nsubdivision b of section three hundred seventy-five-c and of paragraph\none of subdivision a of section three hundred seventy-five of this\nchapter, provided, however, if such a member retires after attaining age\nfifty-five the fraction one-fiftieth shall be substituted for the\nfraction one-sixtieth.\n  f. A member in the employ of the state on March thirty-first, nineteen\nhundred seventy shall be entitled to have his retirement allowance\ncomputed on the basis of the provisions of section three hundred\nseventy-five-f of this chapter if a greater benefit would have been\nprovided under such provisions.\n  g. The benefits hereinabove provided shall be payable to a member,\nincluding a member covered by the provisions of section three hundred\neighty-three, three hundred eighty-three-a or three hundred\neighty-three-b of this article who is not in the collective negotiating\nunit designated as the security services unit and established pursuant\nto article fourteen of the civil service law, unless such member would\notherwise be entitled to a greater benefit under such other provisions\nof this article, in which event such greater benefit shall be payable.\n  h. The pension provided pursuant to the provisions of this section, or\nsuch pension when combined with the pension payable pursuant to other\nprovisions of this article, shall in no event result in a member\nreceiving a pension in excess of seventy-five per centum of his final\naverage salary.\n  i. The provisions of this section shall not apply to members of the\nstate police.\n  j. The provisions of this section shall apply to members retiring or\nseparating in vested status from service of the state on or after April\nfirst, nineteen hundred seventy.\n
N.Y. ENV Law § 11-0903 — New York Code / Act ENV / Article 11 / Title 9 / Section 11-0903
Open hunting seasons and bag limits fixed by regulation
Status: in_force

§ 11-0903. Open hunting seasons and bag limits fixed by regulation.\n  * 1. Open seasons and bag limits with respect to migratory game birds\nshall be those published annually in the federal register by the U.S.\nDepartment of the Interior, unless the department adopts regulations\npursuant to section 11-0307. Notice of such open seasons and bag limits\nshall be provided by department press release and any other means that\nthe department determines to be appropriate and effective, including\nposting on the department's public website.\n  * NB Effective until December 31, 2027\n  * 1. Open seasons and bag limits with respect to migratory game birds\nshall be those fixed by the department in regulations pursuant to\nsection 11-0307, to conform with federal regulations made under\nauthority of the Migratory Bird Treaty Act of July 3, 1918 (16 U.S.C.\n§§ 703-711).\n  * NB Effective December 31, 2027\n  2. The department may fix annually by regulation the open seasons and\nbag limits for wild game of the following species, until the date\nspecified:\n  a. Hungarian partridge;\n  b. black, gray and fox squirrels, bobcat, lynx, coyote, fox, European\nhare, varying hare and cottontail rabbits, and may regulate or prohibit\nthe use of dogs in hunting varying hare during any regular open season\nfor deer;\n  c. pheasants anywhere in the state other than Long Island;\n  * c-1. pheasants on Long Island, but only for those individuals who\nhold a junior license, and provided that such youth pheasant hunting\ndays are held prior to the start of the open season as indicated in\nparagraph d of subdivision two of section 11-0905 of this title;\n  * NB Repealed December 31, 2028\n  d. raccoon;\n  e. wild turkeys;\n  f. frogs, salamanders, turtles, lizards and snakes.\n  Such open seasons and bag limits may be fixed for the entire state,\nexcept on Long Island in the case of pheasants, or for any county or\npart thereof, giving due regard to abundance of the species and\npotential hunting pressure. The department may regulate the taking,\npossession and disposition of wild turkeys.\n  3. Any open season for pheasants, fixed by regulation of the\ndepartment in the counties of Albany, Clinton, Columbia, Delaware,\nDutchess, Essex, Franklin, Fulton, Greene, Herkimer, Jefferson, Lewis,\nMontgomery, Oneida, Orange, Oswego, Otsego, Putnam, Rensselaer,\nRockland, St. Lawrence, Schenectady, Sullivan and Ulster shall include\nthe intervening Sundays as part of such open season.\n  4. The department shall fix annually by regulation open seasons and\nbag limits for ruffed grouse and, whenever possible, and in its opinion\nit is in the public interest, shall make such seasons run concurrently\nwith open seasons for taking woodcock.\n  5. Whenever in its opinion deer shall become numerous enough, on state\nor federal lands closed to the hunting of deer with firearms, to require\npopulation control for proper deer management, the department may by\nregulation permit the taking of deer of either sex, by long bow only, on\nsuch lands or any parts thereof during the regular open season for the\nsurrounding area as provided in subdivision 2 of section 11-0907,\nprovided, however, that no regulation adopted pursuant hereto shall\ninclude within its provisions any of the areas set forth in subdivision\n5 of section 11-0907. Only persons properly licensed to hunt during the\nspecial archery season established in paragraph a of subdivision 1 of\nsection 11-0907 shall be eligible to hunt pursuant to this subdivision.\n  6. a. Whenever investigation made by the department within the\nAdirondack park shows that deer have become numerous enough to cause\noverbrowsing of the range within any "Wilderness Hunting Area" defined\nin section 11-0103, the department may fix by regulation an open season\nfor taking antlerless deer in a tract within such area. The boundaries\nof any such tract shall not be less than three miles from any state,\ncounty or township road. Any such open season shall be fixed within the\nopen season established by law, in the county or part of the county\naffected, for deer having antlers not less than three inches in length.\nFor the purposes of this subdivision and of other provisions referring\nthereto, "antlerless deer" means deer having no antlers or having\nantlers measuring less than three inches in length.\n  b. Subject to this section and other applicable provisions of the Fish\nand Wildlife Law, the department shall have power to fix the conditions\nfor taking "antlerless deer" in any such open season, and of possession,\ntransportation and tagging thereof, and to regulate the issuance of\nspecial antlerless deer licenses applicable to the tracts in which such\nopen season is fixed and of seals to be issued to licensees.\n  c. The department shall issue special antlerless deer licenses, in\nsuch form as it shall prescribe, for each tract in which an open season\nis fixed pursuant to this subdivision and shall have power to limit the\nnumber of such licenses to the number necessary in its judgment for\nproper management with respect to deer in the Area in which such tract\nis situated. Announcement of the opening of a tract to the taking of\nantlerless deer and of the number of licenses to be issued for such\ntract shall be made not later than August 1 of the year in which such\nopen season is fixed. Application for such licenses shall be made not\nearlier than September 1, and the method of application for and issuance\nof such licenses, including eligibility and allocation among applicants,\nshall be specified in the regulations fixing the open season for the\ntract. No person shall be entitled to hold more than one special\nantlerless deer license in a calendar year.\n  7. Notwithstanding any other provision of this title, the department\nmay, by regulation fix open seasons for taking wild deer of either sex\nin the counties of Westchester and Suffolk, or any part thereof, and may\nfix the conditions of such season provided the regulations pertaining\nthereto shall conform to the following:\n  a. In Westchester county, such season shall not include Saturdays or\nSundays;\n  b. Such season shall not commence earlier than during the first full\nweek in January nor shall it continue later than January 31 in any year;\n  c. Deer may be taken only by holders of a license authorizing the\ntaking of big game who have also obtained a special permit provided by\nthe department and issued by the town clerk of each town where such\nseason is fixed; provided, however, in Suffolk county a town may, by\nlocal law, waive the requirements that a permit is necessary to take\ndeer during such seasons;\n  d. Permits issued by a town clerk shall authorize hunting only within\nthe town where issued and only on property where permission of the owner\nor lessee is granted to the permittee for such hunting;\n  e. Applications for permits shall be only on forms provided by the\ndepartment, and each application, before being presented to a town\nclerk, shall be endorsed by a person who owns or leases ten or more\nacres of land in the town where application is to be made, certifying\nthat such owner or lessee gives consent to the applicant to hunt deer on\nhis premises in accordance with the conditions of such season;\n  f. The number of permits to be issued in each town shall be fixed by\nthe department and the town clerk shall issue permits in the order in\nwhich valid applications are received until the number fixed for the\ntown is exhausted;\n  g. Town clerks shall be entitled to charge and receive a fee of one\ndollar for each permit issued;\n  h. Such a season shall be fixed only in towns or parts thereof where\nthe discharge of firearms is not prohibited by town ordinance, and deer\nshall be taken only by means of shotguns using a single ball or slug or\nmuzzle loading firearms, provided, however that a deer may also be taken\nby long bow in Suffolk county.\n  8. Notwithstanding any provision of law, rule or regulation to the\ncontrary, the department may, until December thirty-first, two thousand\ntwenty-seven, fix by regulation the open seasons, open areas, bag limit,\nmanner of taking, possession and disposition of bear and parts of bears,\nand the intentional and incidental feeding of bears. Such regulations\nshall implement the provisions of this article. Such regulations, as the\ndepartment deems appropriate, may provide for special permits and permit\nquotas. When a special permit is required, the department may fix by\nregulation a fee for each such permit issued.\n  9. a. Until December thirty-first, two thousand twenty-seven, whenever\nin its opinion deer shall become numerous enough in any area to cause\nsubstantial damage to property or overbrowsing of deer range, the\ndepartment may fix by regulation special open seasons for taking wild\ndeer of either sex. Subject to this subdivision, the department may fix\nthe conditions of such seasons.\n  b. Such seasons may be fixed only in counties or parts of counties in\nwhich an open season for taking deer by the use of firearms is\nestablished by law.\n  c. Such seasons may be fixed for any number of days during the period\nbeginning on the eleventh day after the close of a regular open season\nfor deer established by law and ending on February 10 immediately\nfollowing.\n  d. The department shall designate by regulation areas of the state\nconsisting of a county, a part of a county, or any combination of\ncounties or parts of counties, excluding the northern zone as defined in\nsubdivision sixteen of section 11-0103 of this chapter, for which\nseparate special open seasons are fixed, and shall issue separate\nspecial permits for hunting in each such area so designated, and for\neach permit shall receive a fee of three dollars to cover the cost of\npermit issuance and special deer tags.\n  e. A regulation fixing a season pursuant to this subdivision shall\ninclude:\n  (1) a requirement that hunting deer during such special season shall\nbe only by holders of both a license authorizing the taking of big game\nand a special permit for the area where hunting is permitted,\n  (2) a limitation on the number of such special permits to be issued\nfor the area where such open season is fixed,\n  (3) the method of application for and issuance of such special\npermits,\n  (4) suspension of the provisions of subdivision one of section 11-0911\nwith regard to the manner of reporting deer taken, provided an\nalternative method of reporting is established, and\n  (5) such other rules and regulations as the department shall deem\nnecessary for the orderly and efficient conduct of such seasons.\n  f. This subdivision does not increase the limit of one deer per person\nper license year.\n  10. Notwithstanding any inconsistent provision of subdivision 10 of\nsection 11-0901 or subdivision 2, subdivision 3 or subdivision 8 of\nsection 11-0907 of this title, until December thirty-first, two thousand\ntwenty-seven, the department is authorized to adopt regulations with\nrespect to the manner of taking, possession, open seasons and bag limits\nfor deer. The authority to adopt such regulations is in addition to any\nauthority contained in this section or section 11-0913 of this title\nrespecting regulations fixing open seasons for deer and the issuance of\ndeer management permits.\n  11. The department shall have the authority to establish by\nregulation, deer management assistance permits to allow land/resource\nmanagers to meet the deer management needs of their property. Such\npermits shall be valid only on the permittee's lands and shall address\nsite specific management goals including but not limited to agricultural\ndamage, areas where existing statutes do not allow for adequate harvest\nand areas where public access may be limited for justifiable security\nreasons.  Deer taken under this subdivision are in addition to the one\ndeer per year authorized in section 11-0907 of this title.\n
N.Y. RSS Law § 89-S*2 — New York Code / Act RSS / Article 2 / Title 9 / Section 89-S*2
Retirement of members who serve as ambulance medical technicians, ambulance medical technician/supervisors, members who perform ambulance...
Status: in_force

* § 89-s. Retirement of members who serve as ambulance medical\ntechnicians, ambulance medical technician/supervisors, members who\nperform ambulance medical technician related services, police medics,\npolice medic supervisors and members who perform police medic related\nservices in the Nassau county police department. a. Any member who\nserves as an ambulance medical technician, ambulance medical\ntechnician/supervisor or a member who performs ambulance medical\ntechnician related services, or a police medic, police medic supervisor\nor a member who performs police medic related services and is employed\nin the Nassau county police department shall be eligible to retire\npursuant to the provisions of this section. Such eligibility shall be an\nalternative to the eligibility provisions available under any other plan\nof this article to which such member is subject.\n  b. Such member shall be entitled to retire upon the completion of\ntwenty-five years of total creditable service by filing an application\ntherefor in the manner provided for in section seventy of this article.\n  c. Upon completion of twenty-five years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement and an\nadditional pension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which he may then be entitled\nshall be sufficient to provide him with a retirement allowance equal to\none-half of his final average salary.\n  d. As used in this section "creditable service" shall include any and\nall services performed as an ambulance medical technician, ambulance\nmedical technician/supervisor or member who performs ambulance medical\ntechnician related services, or a police medic, police medic supervisor\nor a member who performs police medic related services in the Nassau\ncounty police department.\n  e. Credit for service as a member or officer of the state police or as\na paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district, or as a criminal investigator in\nthe office of a district attorney, shall also be deemed to be creditable\nservice and shall be included in computing years of total service for\nretirement pursuant to this section.\n  f. A member contributing on the basis of this section at the time of\nretirement, may retire after the completion of twenty-five years of\ntotal creditable service. Application therefor may be filed in a manner\nsimilar to that provided in section seventy of this article. Upon\ncompletion of twenty-five years of such service and upon retirement,\neach such member shall receive a pension which, together with an annuity\nwhich shall be the actuarial equivalent of his accumulated contributions\nat the time of his retirement and an additional pension which is the\nactuarial equivalent of the reserved-for-increased-take-home-pay to\nwhich he may then be entitled shall be sufficient to provide him with a\nretirement allowance equal to one-half of his final average salary; for\nservice beyond twenty-five years the benefit is increased by\none-sixtieth of final average salary for each year of additional service\ncredit provided, however, that the total allowance payable pursuant to\nthis section shall not exceed three-fourths of such member's final\naverage salary.\n  g. In computing the twenty-five years of total service of a member\npursuant to this section full credit shall be given and full allowance\nshall be made for service of such member in time of war after World War\nI as defined in section two of this chapter, provided such member at the\ntime of his entrance into the armed forces was in the service of the\ncounty of Nassau.\n  h. Nothing herein shall be construed to prevent a member, who does not\nretire pursuant to the provisions of this section, from utilizing\nservice which is creditable service pursuant to the provisions of this\nsection for service credit pursuant to the provisions of any other plan\nof this article to which such member is subject.\n  i. The provisions of this section shall be controlling notwithstanding\nany other provision in this article to the contrary.\n  * NB There are 3 § 89-s's\n
N.Y. VAT Law § 1803 — New York Code / Act VAT / Title 9 / Article 45 / Section 1803
Disposition of fines and forfeitures
Status: in_force

§ 1803. Disposition of fines and forfeitures. 1. Except as otherwise\nprovided in subdivision five of section two hundred twenty-seven of this\nchapter and as provided in section eleven hundred ninety-seven of this\nchapter, section ninety of the state finance law and sections fourteen-f\nand one hundred forty of the transportation law, all fines and penalties\ncollected under a sentence or judgment of conviction of a violation of\nthis chapter or of any act relating to the use of highways by motor\nvehicles or trailers, now in force or hereafter enacted, shall be\ndistributed in the following manner:\n  a. for a violation which occurs in a city, town or suburban town, any\nfine or penalty shall be paid to the city, town or suburban town in\nwhich the violation occurs, when such violation is of (1) any of the\nprovisions of title seven of this chapter, but including violations of\nsection eleven hundred eighty only when occurring in state parks for\nwhich the office of parks, recreation and historic preservation has\nestablished maximum speed limits pursuant to section sixteen hundred\nthirty and the violations could have been charged under either such\nestablished maximum speed limits or another section of this chapter, and\nwhen involving maximum speed limits established pursuant to section\nsixteen hundred forty-three, sixteen hundred forty-four, sixteen hundred\nsixty-two-a, sixteen hundred sixty-three or sixteen hundred seventy, and\nexcluding violations of sections eleven hundred eighty-two, eleven\nhundred ninety-two and twelve hundred twelve of this chapter, or (2) any\nordinance, order, rule or regulation adopted pursuant to article two-E\nof the transportation law or section sixteen hundred thirty of this\nchapter by the East Hudson Parkway Authority or by its successor, or the\nCounty of Westchester Department of Parks, Recreation and Conservation,\nor the state office of parks, recreation and historic preservation. For\npurposes of this paragraph, violations shall be deemed to be violations\nof any such ordinance, order, rule or regulation when they occur on\nhighways under the jurisdiction of the enumerated entities and the\nviolations could have been charged under either such ordinance, order,\nrule or regulation or another section of this chapter.\n  b. for a violation which occurs in a village in which the office of\nvillage justice is established, any fine or penalty shall be paid to the\nvillage in which the violation occurs, when such violation is of (1) any\nof the provisions of title seven of this chapter, but including\nviolations of section eleven hundred eighty only when occurring in state\nparks for which the office of parks, recreation and historic\npreservation has established maximum speed limits pursuant to section\nsixteen hundred thirty and the violations could have been charged under\neither such established maximum speed limits or another section of this\nchapter, and when involving maximum speed limits established pursuant to\nsection sixteen hundred forty-three, sixteen hundred forty-four or\nsixteen hundred seventy, and excluding violations of sections eleven\nhundred eighty-two, eleven hundred ninety-two and twelve hundred twelve\nof this chapter, or (2) any ordinance, order, rule or regulation adopted\npursuant to article two-E of the transportation law or section sixteen\nhundred thirty of this chapter by the East Hudson Parkway Authority or\nby its successor, or the County of Westchester Department of Parks,\nRecreation and Conservation, or the state office of parks, recreation\nand historic preservation. For purposes of this paragraph, violations\nshall be deemed to be violations of any such ordinance, order, rule or\nregulation when they occur on highways under the jurisdiction of the\nenumerated entities and the violations could have been charged under\neither such ordinance, order, rule or regulation, or another section of\nthis chapter. Notwithstanding the foregoing provisions of this\nparagraph, all fines, penalties and forfeitures for violation of a\nvillage ordinance, local law or regulation adopted pursuant to the\nauthorization of paragraph six of subdivision (a) of section sixteen\nhundred forty of this chapter prohibiting, restricting or limiting the\nstopping, standing or parking of vehicles shall be paid to such village\nwhether or not the village has established the office of village\njustice.\n  c. for compliance with or violations of subdivision nineteen of\nsection three hundred eighty-five of this chapter, notwithstanding any\ninconsistent provision of law, except as provided in section ninety of\nthe state finance law, the fees and fines collected by the state\npursuant to sections two hundred twenty-seven, three hundred eighty-five\nand eighteen hundred three of this chapter and section ninety-nine-a of\nthe state finance law, shall be made available to the state comptroller\nfor deposit in the general fund except that fines collected within a\ncity not wholly included within one county shall be paid to such city in\naccordance with the procedures set forth in subdivision four of section\ntwo hundred twenty-seven of this chapter for deposit into the general\nfund of such city.\n  d. for violations of section eleven hundred eighty which are not\nincluded in paragraph a or paragraph b of this subdivision, violations\nof sections eleven hundred eighty-two, eleven hundred ninety-two, except\nin those counties adopting a special traffic option program for driving\nwhile intoxicated pursuant to section eleven hundred ninety-seven of\nthis chapter, and section twelve hundred twelve of this chapter, and\nviolations of this chapter or of any act relating to the use of highways\nby motor vehicles or trailers, now in force or hereafter enacted, for\nwhich no other distribution is prescribed, all fines, penalties and\nforfeitures shall be paid to the state.\n  e. for a violation which occurs within a county which has established\na traffic and parking violations agency pursuant to section three\nhundred seventy of the general municipal law, other than parking,\nstanding or stopping violations except for those set forth in section\nfour hundred two of this chapter, and which violation is disposed of by\nsuch agency, any fine or penalty shall be paid to the county in which\nthe violation occurs, when such violation is of any of the provisions of\ntitle seven of this chapter, but including violations of section eleven\nhundred eighty of this chapter only when involving maximum speed limits\nin state parks established by the office of parks, recreation and\nhistoric preservation pursuant to section sixteen hundred thirty of this\nchapter and when involving maximum speed limits established pursuant to\nsection sixteen hundred forty-three, sixteen hundred forty-four, sixteen\nhundred sixty-two-a, sixteen hundred sixty-three or sixteen hundred\nseventy of this chapter, and excluding violations of sections eleven\nhundred eighty-two, eleven hundred ninety-two and twelve hundred twelve\nof this chapter.\n  2. Whenever a defendant is arrested and arraigned before a judicial\nofficer authorized to conduct any proceedings in or in connection with\nany prosecution triable in any local court of inferior jurisdiction of a\ncity or before a town court, or a village court on a charge in which the\nstate is entitled to all fines and penalties under a sentence or\njudgment of conviction such city, town or village shall be entitled to\nreceive the fees set forth in section ninety-nine-l of the general\nmunicipal law and such fees shall be a state charge and paid as provided\nin section ninety-nine-a of the state finance law.\n  * 3. All fines, penalties and forfeitures paid to a city, town or\nvillage pursuant to the provisions of paragraph a of subdivision one of\nthis section and subdivision ten of this section shall be credited to\nthe general fund of such city, town or village, unless a different\ndisposition is prescribed by charter, special law, local law or\nordinance.\n  * NB Effective until December 1, 2029\n  * 3. All fines, penalties and forfeitures paid to a city, town or\nvillage pursuant to the provisions of paragraph a of subdivision one of\nthis section shall be credited to the general fund of such city, town or\nvillage, unless a different disposition is prescribed by charter,\nspecial law, local law or ordinance.\n  * NB Effective December 1, 2029\n  4. All fines, penalties and forfeitures collected in a city, upon\nconviction or upon forfeiture of bail by any person charged with a\nviolation of any local law, ordinance, order, rule, regulation,\nadministrative code provision or sanitary or health code provision\nadopted or continued pursuant to this chapter, shall be paid to the city\nand credited to its general fund, unless a different disposition is\nprescribed by charter, special law, local law or ordinance.\n  5. All fines, penalties and forfeitures for violations of section\neleven hundred eighty of this chapter, which relate to maximum speed\nlimits established by a village pursuant to sections sixteen hundred\nforty-three and sixteen hundred forty-four or by a suburban town\npursuant to section sixteen hundred sixty-two-a of this chapter, and all\nbail forfeited by the non-appearance of defendants charged with such\nviolations shall be paid over to the state comptroller by the court,\njustice or other officer collecting the same within the first ten days\nof the month following the collection, except as otherwise provided by\nsubdivision three of section ninety-nine-a of the state finance law.\nWhenever such fines, penalties and forfeitures, including bail\nforfeited, in any year commencing July first shall aggregate in excess\nof five dollars for each inhabitant of the village or suburban town, as\nthe case may be, according to the last preceding federal census, such\nexcess shall be the property of the state and shall be paid into the\ngeneral fund of the state treasury.\n  6. The comptroller from the moneys received pursuant to this section\nshall, within six years from the receipt thereof, refund any fine\nreceived pursuant to this section which was imposed by a judgment of\nconviction that has been reversed and any fine, penalty or forfeiture\nreceived by the comptroller, payment of which was not required by this\nsection. In any action by the state to recover fines, penalties, or\nforfeitures collected more than six years before the commencement of the\naction, the defendant shall be entitled to set off a claim for refund of\nany such item paid to the state during the ten years preceding the\ncommencement of the action.\n  8. All fines, penalties and forfeitures referred to in subdivision one\nof this section, except fines, penalties and forfeitures paid to the\ncommissioner of taxation and finance as required by section thirty-nine\nof the judiciary law, and except as otherwise provided in subdivision\nthree of section ninety-nine-a of the state finance law, shall be paid\nto the state comptroller by the court, judge, magistrate or other\nofficer within the first ten days of the month following collection.\nEvery such payment to the comptroller shall be accompanied by a\nstatement in such form and detail as the comptroller shall prescribe.\n  9. a. Where a county establishes a special traffic options program for\ndriving while intoxicated, approved by the commissioner, pursuant to\nsection eleven hundred ninety-seven of this chapter, all fines,\npenalties and forfeitures: (1) imposed and collected for violations of\nsubparagraphs (ii) and (iii) of paragraph (a) of subdivision two or\nsubparagraph (i) of paragraph (a) of subdivision three of section five\nhundred eleven of this chapter; (2) imposed and collected in accordance\nwith section eleven hundred ninety-three of this chapter for violations\nof section eleven hundred ninety-two of this chapter; (3) collected by\nany court, judge, magistrate or other officer imposed upon a conviction\nfor: aggravated vehicular assault, pursuant to section 120.04-a of the\npenal law; vehicular assault in the first degree, pursuant to section\n120.04 of the penal law; vehicular assault in the second degree,\npursuant to section 120.03 of the penal law; aggravated vehicular\nhomicide, pursuant to section 125.14 of the penal law; vehicular\nmanslaughter in the first degree, pursuant to section 125.13 of the\npenal law; and vehicular manslaughter in the second degree, pursuant to\nsection 125.12 of the penal law; and (4) civil penalties imposed\npursuant to subdivision two of section eleven hundred ninety-four-a of\nthis chapter, shall be paid to such county. In addition, any surcharges\nimposed pursuant to section eighteen hundred nine-c and paragraph b of\nsubdivision one of section eighteen hundred nine-e of this chapter shall\nbe paid to such county in such manner and for such purposes as provided\nfor in section eleven hundred ninety-seven of this chapter.\n  b. Any such fine, penalty, or forfeiture collected by any court,\njudge, magistrate or other officer referred to in subdivision one of\nsection thirty-nine of the judiciary law, establishing a unified court\nbudget, shall be paid to that county within the first ten days of the\nmonth following collection.\n  c. Any such fine, penalty, or forfeiture collected by any other court,\njudge, magistrate or other officer, including, where appropriate, a\nhearing officer acting on behalf of the commissioner, shall be paid to\nthe state comptroller within the first ten days of the month following\ncollection. Every such payment to the comptroller shall be accompanied\nby a statement in such form and detail as the comptroller shall provide.\nThe comptroller shall pay these funds to the county in which the\nviolation occurs.\n  d. Upon receipt of any monies referred to in this section, the county\nshall deposit them in a separate account entitled "special traffic\noptions program for driving while intoxicated".\n  * 10. Except where adjudicated by a traffic camera violations bureau\nor as otherwise provided in paragraph e of subdivision one of this\nsection, where a county has established a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with section eleven hundred seventy-four of this\nchapter in accordance with section eleven hundred seventy-four-a of this\nchapter, any fine or penalty collected by a court, judge, magistrate or\nother officer for an imposition of liability which occurs within such\ncounty pursuant to such program shall be paid to the state comptroller\nwithin the first ten days of the month following collection. Every such\npayment shall be accompanied by a statement in such form and detail as\nthe comptroller shall provide. The comptroller shall pay ninety percent\nof any such fine or penalty imposed for such liability to the county in\nwhich the violation giving rise to the liability occurred, and ten\npercent of any such fine or penalty to the city, town or village in\nwhich the violation giving rise to the liability occurred.\n  * NB Repealed December 1, 2029\n  * 11. Where the commissioner of transportation has established a\ndemonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with subdivision\n(b), (d), (f) or (g) of section eleven hundred eighty of this chapter in\naccordance with section eleven hundred eighty-e of this chapter, any\nfine or penalty collected by a court, judge, magistrate or other officer\nfor an imposition of liability which occurs pursuant to such program\nshall be paid to the state comptroller within the first ten days of the\nmonth following collection, except as otherwise provided in subdivision\nthree of section ninety-nine-a of the state finance law. Every such\npayment shall be accompanied by a statement in such form and detail as\nthe comptroller shall provide. Notwithstanding the provisions of\nsubdivision five of this section, eighty percent of any such fine or\npenalty imposed for such liability shall be paid to the general fund,\nand twenty percent of any such fine or penalty shall be paid to the\ncity, town or village in which the violation giving rise to the\nliability occurred, provided, however, that within a county that has\nestablished a traffic and parking violations agency pursuant to section\nthree hundred seventy of the general municipal law and such liability is\ndisposed of by such agency, eighty percent of any such fine or penalty\nimposed for such liability shall be paid to the general fund, and twenty\npercent of any such fine or penalty shall be paid to the county in which\nthe violation giving rise to the liability occurred. With respect to the\npercentage of fines or penalties paid to the general fund, no less than\nsixty percent shall be dedicated to department of transportation work\nzone safety projects after deducting the expenses necessary to\nadminister such demonstration program, provided, however, that such\nfunds provided pursuant to this subdivision shall be payable on the\naudit and warrant of the comptroller and shall only be used to\nsupplement and not supplant current expenditures of state funds on work\nzone safety projects. For the purposes of this subdivision, "work zone\nsafety projects" shall apply to work zones under the jurisdiction of the\ndepartment of transportation and shall include, but not be limited to,\ninspection and implementation of work zone design, maintenance, traffic\nplans and markings, worker safety training, contractor outreach,\nenforcement efforts, radar speed display signs at major active work\nzones and police presence at major active work zones, as provided in\nsection twenty-two of the transportation law. All fines, penalties and\nforfeitures paid to a county, city, town or village pursuant to the\nprovisions of this subdivision shall be credited to the general fund of\nsuch county, city, town or village, unless a different disposition is\nprescribed by charter, special law, local law or ordinance.\n  * NB Repealed October 6, 2031\n  * 12. Where the chair of the New York state thruway authority has\nestablished a demonstration program imposing monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\nsubdivision (b), (d), (f) or (g) of section eleven hundred eighty of\nthis chapter in accordance with section eleven hundred eighty-e of this\nchapter, any fine or penalty collected by a court, judge, magistrate or\nother officer for an imposition of liability which occurs pursuant to\nsuch program shall be paid to the state comptroller within the first ten\ndays of the month following collection, except as otherwise provided in\nsubdivision three of section ninety-nine-a of the state finance law.\nEvery such payment shall be accompanied by a statement in such form and\ndetail as the comptroller shall provide. Notwithstanding the provisions\nof subdivision five of this section, eighty percent of any such fine or\npenalty imposed for such liability shall be paid to the thruway\nauthority, and twenty percent of any such fine or penalty shall be paid\nto the city, town or village in which the violation giving rise to the\nliability occurred, provided, however, that within a county that has\nestablished a traffic and parking violations agency pursuant to section\nthree hundred seventy of the general municipal law and such liability is\ndisposed of by such agency, eighty percent of any such fine or penalty\nimposed for such liability shall be paid to the thruway authority, and\ntwenty percent of any such fine or penalty shall be paid to the county\nin which the violation giving rise to the liability occurred. With\nrespect to the percentage of fines or penalties paid to the thruway\nauthority, no less than sixty percent shall be dedicated to thruway\nauthority work zone safety projects after deducting the expenses\nnecessary to administer such demonstration program, provided, however,\nthat such funds provided pursuant to this subdivision shall be payable\non the audit and warrant of the comptroller and shall only be used to\nsupplement and not supplant current expenditures of state funds on work\nzone safety projects. For the purposes of this subdivision, "work zone\nsafety projects" shall apply to work zones under the jurisdiction of the\nthruway authority and shall include, but not be limited to, inspection\nand implementation of work zone design, maintenance, traffic plans and\nmarkings, worker safety training, contractor outreach, enforcement\nefforts, radar speed display signs at major active work zones and police\npresence at major active work zones, as provided in section twenty-two\nof the transportation law. For the purposes of this subdivision, the\nterm "thruway authority" shall mean the New York state thruway\nauthority, a body corporate and politic constituting a public\ncorporation created and constituted pursuant to title nine of article\ntwo of the public authorities law. All fines, penalties and forfeitures\npaid to a county, city, town or village pursuant to the provisions of\nthis subdivision shall be credited to the general fund of such county,\ncity, town or village, unless a different disposition is prescribed by\ncharter, special law, local law or ordinance.\n  * NB Repealed October 6, 2031\n  * 13. Where the county of Westchester has established a demonstration\nprogram imposing monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with subdivision (d) of section\neleven hundred eleven of this chapter in accordance with section eleven\nhundred eleven-g of this chapter, any fine or penalty collected by a\ncourt, judge, magistrate or other officer for an imposition of liability\nwhich occurs within a city, town or village within such county pursuant\nto such program shall be paid to the state comptroller within the first\nten days of the month following collection, except as otherwise provided\nin subdivision three of section ninety-nine-a of the state finance law.\nEvery such payment shall be accompanied by a statement in such form and\ndetail as the comptroller shall provide. The comptroller shall pay\neighty percent of any such fine or penalty imposed for such liability to\nthe county of Westchester, and twenty percent of any such fine or\npenalty to the city, town or village in which the violation giving rise\nto the liability occurred. All fines, penalties and forfeitures paid to\na city, town or village pursuant to the provisions of this subdivision\nshall be credited to the general fund of such city, town or village,\nunless a different disposition is prescribed by charter, special law,\nlocal law or ordinance.\n  * NB Repealed December 1, 2027\n  ** 14. Where the chair of the triborough bridge and tunnel authority\nhas established a demonstration program imposing monetary liability on\nthe owner of a vehicle for failure of an operator thereof to comply with\nsection three hundred eighty-five of this chapter and the rules of the\ntriborough bridge and tunnel authority in relation to gross vehicle\nweight and/or axle weight in accordance with section three hundred\neighty-five-a of this chapter, any fine or penalty collected by the\nparking violations bureau of the city of New York for an imposition of\nliability which occurs pursuant to such program shall be paid to the\nstate comptroller within the first ten days of the month following\ncollection, except as otherwise provided in subdivision three of section\nninety-nine-a of the state finance law. Every such payment shall be\naccompanied by a statement in such form and detail as the comptroller\nshall provide. Notwithstanding the provisions of subdivision five of\nthis section, eighty percent of any such fine or penalty imposed for\nsuch liability shall be paid to the triborough bridge and tunnel\nauthority, and twenty percent of any such fine or penalty shall be paid\nto the city of New York. With respect to the percentage of fines or\npenalties paid to the triborough bridge and tunnel authority, one\nhundred percent shall be dedicated to capital projects related to\ntriborough bridge and tunnel authority bridges and tunnels after\ndeducting the expenses necessary to administer such demonstration\nprogram, provided, however, that such funds provided pursuant to this\nsubdivision shall be payable on the audit and warrant of the\ncomptroller. For the purposes of this subdivision, the term "triborough\nbridge and tunnel authority" shall mean the corporation organized\npursuant to section five hundred fifty-two of the public authorities\nlaw, the term "chair" shall mean the president of the triborough bridge\nand tunnel authority, and the term "covered location" shall have the\nsame meaning as such term is defined by subparagraph (ii) of paragraph\none-a of subdivision (a) of section three hundred eighty-five-a of this\nchapter. All fines, penalties and forfeitures paid to the city of New\nYork pursuant to the provisions of this subdivision shall be credited to\nthe general fund of such city, unless a different disposition is\nprescribed by charter, special law, local law or ordinance.\n  * NB Repealed December 1, 2030\n  * NB There are two sb 14's\n  ** 14. Where the chair of the Triborough bridge and tunnel authority\nhas established a demonstration program imposing monetary liability on\nthe owner of a vehicle for failure of an operator thereof to comply with\nsubdivision (b), (d), (f) or (g) of section eleven hundred eighty of\nthis chapter in accordance with section eleven hundred eighty-e of this\nchapter, any fine or penalty collected by the New York city parking\nviolations bureau for an imposition of liability which occurs pursuant\nto such program shall be paid to the state comptroller within the first\nten days of the month following collection, except as otherwise provided\nin subdivision three of section ninety-nine-a of the state finance law.\nEvery such payment shall be accompanied by a statement in such form and\ndetail as the comptroller shall provide. Notwithstanding the provisions\nof subdivision five of this section, eighty percent of any such fine or\npenalty imposed for such liability shall be paid to the Triborough\nbridge and tunnel authority, and twenty percent of any such fine or\npenalty shall be paid to the city of New York. With respect to the\npercentage of fines or penalties paid to the Triborough bridge and\ntunnel authority, no less than sixty percent shall be dedicated to\nTriborough bridge and tunnel authority work zone safety projects after\ndeducting the expenses necessary to administer such demonstration\nprogram, provided, however, that such funds provided pursuant to this\nsubdivision shall be payable on the audit and warrant of the comptroller\nand shall only be used to supplement and not supplant current\nexpenditures of Triborough bridge and tunnel authority funds on work\nzone safety projects. For the purposes of this subdivision, "work zone\nsafety projects" shall apply to work zones under the jurisdiction of the\nTriborough bridge and tunnel authority and shall include, but not be\nlimited to, inspection and implementation of work zone design,\nmaintenance, traffic plans and markings, worker safety training,\ncontractor outreach, and enforcement efforts. For the purposes of this\nsubdivision, the term "Triborough bridge and tunnel authority" shall\nmean the New York state Triborough bridge and tunnel authority, a body\ncorporate and politic constituting a public benefit corporation created\nand constituted pursuant to title three of article three of the public\nauthorities law and the term "chair" shall mean the president of the\nTriborough bridge and tunnel authority. All fines, penalties and\nforfeitures paid to the city of New York pursuant to the provisions of\nthis subdivision shall be credited to the general fund of such city,\nunless a different disposition is prescribed by charter, special law,\nlocal law or ordinance.\n  * NB Repealed October 6, 2031\n  * NB There are two sb 14's\n  ** 15. Where the chair of the bridge authority has established a\ndemonstration program imposing monetary liability on the owner of a\nvehicle for failure of an operator thereof to comply with section three\nhundred eighty-five of this chapter and the rules of the bridge\nauthority in relation to gross vehicle weight and/or axle weight in\naccordance with section three hundred eighty-five-a of this chapter, any\nfine or penalty collected by a court, judge, magistrate or other officer\nfor an imposition of liability which occurs pursuant to such program\nshall be paid to the state comptroller within the first ten days of the\nmonth following collection, except as otherwise provided in subdivision\nthree of section ninety-nine-a of the state finance law. Every such\npayment shall be accompanied by a statement in such form and detail as\nthe comptroller shall provide. Notwithstanding the provisions of\nsubdivision five of this section, eighty percent of any such fine or\npenalty imposed for such liability shall be paid to the bridge\nauthority, and twenty percent of any such fine or penalty shall be paid\nto the city, town or village in which the violation giving rise to the\nliability occurred. With respect to the percentage of fines or penalties\npaid to the bridge authority, one hundred percent shall be dedicated to\ncapital projects related to bridge authority bridges after deducting the\nexpenses necessary to administer such demonstration program, provided,\nhowever, that such funds provided pursuant to this subdivision shall be\npayable on the audit and warrant of the comptroller. For the purposes of\nthis subdivision, the term "bridge authority" shall mean the New York\nstate bridge authority created pursuant to section five hundred\ntwenty-seven of the public authorities law and the term "covered\nlocation" shall have the same meaning as such term is defined by\nsubparagraph (ii) of paragraph one-b of subdivision (a) of section three\nhundred eighty-five-a of this chapter. All fines, penalties and\nforfeitures paid to a city, town or village pursuant to the provisions\nof this subdivision shall be credited to the general fund of such city,\ntown or village, unless a different disposition is prescribed by\ncharter, special law, local law or ordinance.\n  * NB Repealed December 1, 2030\n  * NB There are two sb 15's\n  ** 15. Where the chair of the New York state bridge authority has\nestablished a demonstration program imposing monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\nsubdivision (b), (d), (f) or (g) of section eleven hundred eighty of\nthis chapter in accordance with section eleven hundred eighty-e of this\nchapter, any fine or penalty collected by a court, judge, magistrate or\nother officer for an imposition of liability which occurs pursuant to\nsuch program shall be paid to the state comptroller within the first ten\ndays of the month following collection, except as otherwise provided in\nsubdivision three of section ninety-nine-a of the state finance law.\nEvery such payment shall be accompanied by a statement in such form and\ndetail as the comptroller shall provide. Notwithstanding the provisions\nof subdivision five of this section, eighty percent of any such fine or\npenalty imposed for such liability shall be paid to the bridge\nauthority, and twenty percent of any such fine or penalty shall be paid\nto the city, town or village in which the violation giving rise to the\nliability occurred. With respect to the percentage of fines or penalties\npaid to the bridge authority, no less than sixty percent shall be\ndedicated to bridge authority work zone safety projects after deducting\nthe expenses necessary to administer such demonstration program,\nprovided, however, that such funds provided pursuant to this subdivision\nshall be payable on the audit and warrant of the comptroller and shall\nonly be used to supplement and not supplant current expenditures of\nbridge authority funds on work zone safety projects. For the purposes of\nthis subdivision, "work zone safety projects" shall apply to work zones\nunder the jurisdiction of the bridge authority and shall include, but\nnot be limited to, inspection and implementation of work zone design,\nmaintenance, traffic plans and markings, worker safety training,\ncontractor outreach, and enforcement efforts. For the purposes of this\nsubdivision, the term "bridge authority" shall mean the New York state\nbridge authority, a body corporate and politic constituting a public\nbenefit corporation created and constituted pursuant to title two of\narticle three of the public authorities law. All fines, penalties and\nforfeitures paid to a city, town or village pursuant to the provisions\nof this subdivision shall be credited to the general fund of such city,\ntown or village, unless a different disposition is prescribed by\ncharter, special law, local law or ordinance.\n  * NB Repealed October 6, 2031\n  * NB There are two sb 15's\n  * 16. Where the chair of the port authority of New York and New Jersey\nhas established a demonstration program imposing monetary liability on\nthe owner of a vehicle for failure of an operator thereof to comply with\nsection three hundred eighty-five of this chapter and the rules of the\nport authority in relation to gross vehicle weight and/or axle weight in\naccordance with section three hundred eighty-five-a of this chapter, any\nfine or penalty collected by the parking violations bureau of the city\nof New York for an imposition of liability which occurs pursuant to such\nprogram shall be paid to the state comptroller within the first ten days\nof the month following collection, except as otherwise provided in\nsubdivision three of section ninety-nine-a of the state finance law.\nEvery such payment shall be accompanied by a statement in such form and\ndetail as the comptroller shall provide. Notwithstanding the provisions\nof subdivision five of this section, eighty percent of any such fine or\npenalty imposed for such liability shall be paid to the port authority,\nand twenty percent of any such fine or penalty shall be paid to the city\nof New York where the violation giving rise to the liability occurred.\nWith respect to the percentage of fines or penalties paid to the port\nauthority, one hundred percent shall be dedicated to capital projects\nrelated to port authority bridges after deducting the expenses necessary\nto administer such demonstration program, provided, however, that such\nfunds provided pursuant to this subdivision shall be payable on the\naudit and warrant of the comptroller. For the purposes of this\nsubdivision, the term "port authority" shall mean the port authority of\nNew York and New Jersey, that body corporate and politic created\npursuant to article three of chapter one hundred fifty-four of the laws\nof nineteen hundred twenty-one, and designated as "The Port Authority of\nNew York and New Jersey" by such chapter and the term "covered location"\nshall have the same meaning as such term is defined by subparagraph (ii)\nof paragraph one-c of subdivision (a) of section three hundred\neighty-five-a of this chapter. All fines, penalties and forfeitures paid\nto the city of New York pursuant to the provisions of this subdivision\nshall be credited to the general fund of such city, unless a different\ndisposition is prescribed by charter, special law, local law or\nordinance.\n  * NB Repealed December 1, 2030\n  * 17. Where the chair of the New York state thruway authority has\nestablished a demonstration program imposing monetary liability on the\nowner of a vehicle for failure of an operator thereof to comply with\nsection three hundred eighty-five of this chapter and the rules of the\nthruway authority in relation to gross vehicle weight and/or axle weight\nin accordance with section three hundred eighty-five-a of this chapter,\nany fine or penalty collected by a court, judge, magistrate or other\nofficer for an imposition of liability which occurs pursuant to such\nprogram shall be paid to the state comptroller within the first ten days\nof the month following collection, except as otherwise provided in\nsubdivision three of section ninety-nine-a of the state finance law.\nEvery such payment shall be accompanied by a statement in such form and\ndetail as the comptroller shall provide. Notwithstanding the provisions\nof subdivision five of this section, eighty percent of any such fine or\npenalty imposed for such liability shall be paid to the thruway\nauthority, and twenty percent of any such fine or penalty shall be paid\nto the city, town or village in which the violation giving rise to the\nliability occurred. With respect to the percentage of fines or penalties\npaid to the thruway authority, one hundred percent shall be dedicated to\ncapital projects related to the thruway and thruway bridges after\ndeducting the expenses necessary to administer such demonstration\nprogram, provided, however, that such funds provided pursuant to this\nsubdivision shall be payable on the audit and warrant of the\ncomptroller. For the purposes of this subdivision, the term "thruway\nauthority" shall mean the New York state thruway authority, a body\ncorporate and politic constituting a public corporation created and\nconstituted pursuant to title nine of article two of the public\nauthorities law and the term "covered location" shall have the same\nmeaning as such term is defined by subparagraph (ii) of paragraph one-d\nof subdivision (a) of section three hundred eighty-five-a of this\nchapter and the term "thruway" shall mean generally a divided highway\nunder the jurisdiction of the thruway authority for mixed traffic with\naccess limited as the authority may determine and generally with grade\nseparations at intersections. All fines, penalties and forfeitures paid\nto a city, town or village pursuant to the provisions of this\nsubdivision shall be credited to the general fund of such city, town or\nvillage, unless a different disposition is prescribed by charter,\nspecial law, local law or ordinance.\n  * NB Repealed December 1, 2030\n
N.Y. VAT Law § 1802 — New York Code / Act VAT / Title 9 / Article 45 / Section 1802
Receipts for fines or bail; installment payment plans
Status: in_force

§ 1802. Receipts for fines or bail; installment payment plans. 1.\nReceipts for fines or bail. Upon receipt of the payment of any fine or\npenalty collected under a sentence or judgment of conviction of a\nviolation of any of the provisions of this chapter or any local law,\nordinance, order, rule or regulation made by local authorities in\nrelation to traffic or the deposit of bail of a person charged with a\nviolation of any such provision, local law, ordinance, order, rule or\nregulation, the officer or employee receiving such payment or deposit\nshall issue a receipt therefor when the payment or deposit is made in\ncash. Whenever any such payment or deposit is made by check, money order\nor in other property, the officer or employee shall issue a receipt\ntherefor upon request; provided, however, no such receipt shall be\nissued where a fine or penalty is paid by mail unless the name and\naddress of the payee is known to such officer or employee or enclosed\nwith the payment.\n  2. Installment payment plans.  (a) Whenever fines, fees, and/or\nsurcharges are imposed upon a natural person upon a conviction of a\nviolation of any of the provisions of this chapter or any local law,\nordinance, order, rule or regulation made by local authorities in\nrelation to traffic, or whenever an order is entered pursuant to\nsubdivision three of section two hundred twenty-seven of this chapter,\nsuch fines, fees, and/or surcharges may be paid in installments at no\ncharge to the natural person. The court or hearing officer shall offer\nsuch persons the opportunity to enter into an installment payment plan\nat any time, including after a conviction entered as a result of the\nfailure to appear in response to a summons or appearance ticket. Any\nsuch installment payment plan shall be comprised of all fines, fees and\nmandatory surcharges, including but not limited to those described in\nsubparagraph (i) of paragraph (j-1) of subdivision two of section five\nhundred three, subdivision three of section five hundred fourteen and\nparagraph a of subdivision four of section two hundred twenty-seven of\nthis chapter, and shall consist of monthly payments that do not exceed\ntwo percent of such person's monthly net income or twenty-five dollars\nper month, whichever is greater. For the purposes of this subdivision,\nthe term "net income" shall mean such person's total income from all\nsources and assets, minus deductions required by law including but not\nlimited to administrative or court-ordered garnishments and support\npayments. A court or hearing officer may require the submission of a\nfinancial disclosure report, on a form prescribed by the commissioner,\nfrom all persons who opt to enter into installment payment plans. A\ncourt or hearing officer also may accept payments higher than the set\namount, but may not undertake additional collection activity so long as\nthe person meets his or her payment obligations under the installment\npayment plan. A court or hearing officer may undertake additional\ncollection activity, but no sooner than ninety days after a person fails\nto meet their payment obligation under the installment payment plan; a\ncourt, hearing officer or the commissioner shall not suspend such\nperson's driver's license or privileges for failure to meet their\npayment obligation under the installment payment plan. A court or\nhearing officer may require persons entering installment payment plans\nto appear periodically before such court or hearing officer to assess\ntheir financial circumstances but no more frequently than annually and\nmay set a new payment amount if such person's financial circumstances\nhave changed. A person who enters into an installment payment plan and\nexperiences a reduction in income may petition the court or hearing\nofficer no more than two times in a calendar year to seek a reduction in\nthe monthly payment; provided, however, in the interests of justice, the\ncourt or hearing officer may accept a reduction request from such person\nat any time.\n  (b) The court or hearing officer shall have the discretion in the\ninterests of justice to reduce or waive the amount of any fine, fee or\nmandatory surcharge assessed for a violation of any of the provisions of\nthis chapter or any local law, ordinance, order, rule or regulation made\nby local authorities in relation to traffic.\n  (c) A person assessed a fine, fee and/or mandatory surcharge following\na conviction for a violation of any of the provisions of this chapter or\nany local law, ordinance, order, rule or regulation made by local\nauthorities in relation to traffic, or the entering of an order pursuant\nto subdivision three of section two hundred twenty-seven of this\nchapter, shall be notified of their right to an installment payment plan\n(a) at the time the summons is issued; (b) at the time of sentencing;\nand (c) in any communication concerning imposition or collection of a\nfine, fee or mandatory surcharge. Information about the availability of\ninstallment payment plans shall be prominently posted, in a clear and\nconspicuous manner: at each court and administrative tribunal and its\nwebsite, if any, and on the commissioner's website.\n
N.Y. ENV Law § 37-0909 — New York Code / Act ENV / Article 37 / Title 9 / Section 37-0909
Sales prohibition
Status: in_force

§ 37-0909. Sales prohibition.\n  1. Effective January first, two thousand twenty-three, no person shall\ndistribute, sell or offer for sale in this state a children's product in\nwhich tris (1, 3 dichloro-2-propyl) phosphate (CAS 13674-87-8), benzene\n(CAS 71-43-2),, or asbestos (CAS 1332-21-4) is intentionally added.\nThis provision shall not apply: (a) to a children's product solely based\non its containing an enclosed battery or enclosed electronic components;\n(b) where state regulation of children's products is preempted by\nfederal law; (c) where the chemical is present as a trace contaminant;\nor (d) to an inaccessible component of a children's product that during\nreasonable, foreseeable use and abuse of the product would not come into\ndirect contact with a child's skin or mouth, as determined by the\ndepartment. The commissioner may exempt a children's product from this\nprohibition if, in the commissioner's judgment, the lack of availability\nof the children's product could pose an unreasonable risk to public\nhealth, safety or welfare.\n  2. (a) To the extent allowed by federal law, the department may, by\nregulation, prohibit the distribution, sale, or offer for sale in this\nstate of a children's product that contains a chemical added to the\nhigh-priority chemicals list pursuant to section 37-0905 of this title,\nor a chemical recommended for prohibition by the children's product\nsafety council pursuant to paragraph (b) of subdivision five of section\n37-0911 of this title.\n  (b) In developing rules to prohibit a chemical pursuant to this\nsubdivision, the department shall rely on credible scientific evidence\nand consider information relevant to the hazards based on the\nquantitative extent of potential exposures to the chemical under its\nintended or reasonably anticipated conditions of use.\n
N.Y. ENV Law § 11-0935 — New York Code / Act ENV / Article 11 / Title 9 / Section 11-0935
Deer hunting program
Status: in_force

* § 11-0935. Deer hunting program.\n  1. Notwithstanding subdivision one-a of section 11-0701 and the\ncrossbow prohibition of subdivision one of section 11-0929, a hunting\nlicense holder who is twelve or thirteen years of age may hunt deer with\na crossbow, rifle, shotgun, or muzzle-loading firearm as provided in\nthis title in an eligible area provided that:\n  (a) such minor is accompanied by their parent or legal guardian, or by\na person designated in writing by such parent or legal guardian on a\nform prescribed by the department who is twenty-one years of age or\nolder; and\n  (b) such parent, guardian or person has had at least three year's\nexperience in hunting deer; and\n  (i) such parent, guardian or person holds a hunting license; and\n  (ii) such parent, guardian or person maintains physical control over\nthe minor at all times while hunting. For the purposes of this paragraph\n"physical control" shall mean that the physical proximity of such minor\nto the parent, guardian or person is such that the parent, guardian or\nperson is reasonably able to issue verbal directions and instructions,\nmaintain constant visual contact, and otherwise provide guidance and\nsupervision to the minor; and\n  (iii) such parent, guardian or person and the minor remain at ground\nlevel at all times while hunting; and\n  (c) such parent, guardian or person and the minor shall each display\neither a minimum total of two hundred fifty square inches of solid\nfluorescent orange or pink or patterned fluorescent orange or pink\nconsisting of no less than fifty percent fluorescent orange or pink\nmaterial worn above the waist and visible from all directions, or a hat\nor cap with no less than fifty percent of the exterior consisting of\nsolid fluorescent orange or pink material and visible from all\ndirections.\n  2. For the purposes of this section "eligible area" shall include a\ncounty that has passed a local law authorizing participation in the\npilot program and has notified the department of such participation,\nprovided, however, that the following counties: Westchester; Richmond;\nBronx; New York; Kings; Queens; Nassau; and Suffolk shall not be deemed\nto be eligible.\n  3. The department shall prepare a report by February first of each\nyear including the following information at a minimum: number of\nviolations; hunting related incidents and revocations pursuant to\nsection 11-0719; the number of counties participating; the number of\nminors participating; and the number of deer taken.\n  * NB Repealed December 31, 2028\n
N.Y. PBA Law § 355 — New York Code / Act PBA / Article 2 / Title 9 / Section 355
Officers and employees; transfer, promotion and seniority
Status: in_force

§ 355. Officers and employees; transfer, promotion and seniority. 1.\nOfficers and employees of state departments, agencies, or divisions may\nbe transferred to the authority and officers, agents and employees of\nthe authority may be transferred to state departments, agencies, or\ndivisions, without examination and without loss of any civil service\nstatus or rights. No such transfer from the authority to any state\ndepartment, agency, or division may, however, be made except with the\napproval of the head of the state department, agency, or division\ninvolved and the director of the budget and in compliance with the rules\nand regulations of the state civil service commission.\n  2. Promotions from positions in state departments and agencies to\npositions in the authority, and vice versa, may be made from\ninterdepartmental promotion lists resulting from promotion examinations\nin which employees of the authority and employees of the state are\neligible to participate.\n  3. In computing seniority for purposes of promotion or for purposes of\nsuspension or demotion upon the abolition of positions in the service of\nthe authority or in the service of the state, in the case of an employee\nof the authority a period of prior employment in the service of the\nstate shall be counted in the same manner as though such period of\nemployment had been in the service of the authority, and in the case of\nan employee of the state a period of prior employment in the service of\nthe authority shall be counted in the same manner as though such period\nof employment had been in the service of the state. For the purposes of\nthe establishment and certification of preferred lists, employees\nsuspended from the authority shall be eligible for reinstatement in the\nservice of the state, and employees suspended from the service of the\nstate shall be eligible for reinstatement in the service of the\nauthority, in the same manner as though the authority were a department\nof the state.\n
N.Y. RSS Law § 89-I — New York Code / Act RSS / Article 2 / Title 9 / Section 89-I
Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in St
Status: in_force

§ 89-i. Retirement of sheriffs, undersheriffs, deputy sheriffs and\ncorrection officers in St. Lawrence county. a. A member employed in St.\nLawrence county shall be eligible to retire pursuant to the provisions\nof this section if: (1) he is a sheriff or undersheriff, or a deputy\nsheriff who is engaged directly in criminal law enforcement activities;\nor (2) he is a correction officer. Such eligibility shall be an\nalternative to the eligibility provisions available under any other plan\nof this article to which such member is subject.\n  b. Such member shall be entitled to retire upon the completion of\ntwenty-five years of total creditable service by filing an application\ntherefor in the manner provided for in section seventy of this article.\n  c. Upon completion of twenty-five years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement and an\nadditional pension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which he may then be entitled\nshall be sufficient to provide him with a retirement allowance equal to\none-half of his final average salary.\n  d. As used in this section "creditable service" shall include: (1) in\nthe case of a sheriff, undersheriff or correction officer, any and all\nservices performed as a sheriff, undersheriff and/or correction officer\nof St. Lawrence county and all criminal law enforcement services\nperformed as a deputy sheriff of such county, provided, however, that\ncriminal law enforcement service shall only be creditable when it\naggregates fifty per centum or more of his service as a deputy sheriff\nand (2) in the case of a deputy sheriff, all criminal law enforcement\nservice shall only be creditable when it aggregates fifty per centum or\nmore of such service and any and all services performed as a sheriff,\nundersheriff and/or correction officer of such county.\n  e. Credit for service as a member or officer of the state police or as\na paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district, or as a criminal investigator in\nthe office of a district attorney, provided that service as such\ninvestigator shall have been rendered prior to January first, nineteen\nhundred sixty and that credit therefor shall not exceed five years,\nshall also be deemed to be creditable service and shall be included in\ncomputing years of total service for retirement pursuant to this\nsection, provided such service was performed by the member while\ncontributing to the retirement system pursuant to the provisions of this\narticle or article eight of this chapter.\n  f. The sheriff shall certify to the comptroller, periodically and at\nsuch intervals of time as may be required of him and in such fashion as\nmay be prescribed, the identity of: (1) the deputy sheriffs in the\nsheriff's employ who are engaged directly in criminal law enforcement\nactivities; and (2) the eligible correction officers.\n  g. A member, contributing on the basis of this section at the time of\nretirement, shall retire after the completion of twenty-five years of\ntotal creditable service. Application therefor may be filed in a manner\nsimilar to that provided in section seventy of this article. Upon\ncompletion of twenty-five years of such service and upon retirement,\neach such member shall receive a pension which, together with an annuity\nwhich shall be the actuarial equivalent of his accumulated contributions\nat the time of his retirement and an additional pension which is the\nactuarial equivalent of the reserve-for-increased-take-home-pay to which\nhe may then be entitled shall be sufficient to provide him with a\nretirement allowance equal to one-half of his final average salary.\n  h. In computing the twenty-five years of total service of a member\npursuant to this section full credit shall be given and full allowance\nshall be made for service of such member in time of war after World War\nI as defined in section two of this chapter, provided such member at the\ntime of his entrance into the armed forces was in the service of the\ncounty of St. Lawrence.\n  i. Nothing herein shall be construed to prevent a member, who does not\nretire pursuant to the provisions of this section, from utilizing\nservice which is creditable service pursuant to the provisions of this\nsection for service credit pursuant to the provisions of any other plan\nof this article to which such member is subject.\n  j. The provisions of this section shall be controlling notwithstanding\nany other provision in this article to the contrary.\n
N.Y. ENV Law § 71-0927 — New York Code / Act ENV / Article 71 / Title 9 / Section 71-0927
Mandatory license revocation
Status: in_force

§ 71-0927. Mandatory license revocation.\n  1. Anyone convicted of violating the prohibition against harvesting,\ntaking, possessing or transporting shellfish under facts and\ncircumstances meeting the criteria for imposition of sanctions pursuant\nto subdivision 3 of section 71-0924; or anyone convicted two or more\ntimes within five years of violating the prohibition against harvesting,\ntaking, possessing or transporting shellfish under facts and\ncircumstances meeting the criteria for imposition of sanctions pursuant\nto subdivision 2 of section 71-0924, or of violating subdivision 1 or 2,\nparagraph e or f of subdivision 3, subdivision 6, 8, 9, 10, 11, or 13 of\nsection 13-0309, section 13-0317, subdivision 2 of section 13-0323,\nsection 13-0325, subdivision 3 or 5 of section 13-0327, or section\n13-0344 of this chapter shall have his license to take and land\nshellfish revoked and shall not be relicensed for a minimum of five\nyears thereafter, in addition to any other sanction imposed pursuant to\nthis article.\n  1-a. Anyone convicted two or more times within five years of violating\nsubdivision 4, 5 or 7 of section 13-0333 of this chapter shall have his\nlicense to take and land menhaden revoked and shall not be relicensed\nfor a minimum of five years thereafter, in addition to any other\nsanction imposed pursuant to this article.\n  2. Anyone convicted of unlawfully harvesting, taking, possessing or\ntransporting any marine fish, shellfish or crustacea under facts and\ncircumstances meeting the criteria for imposition of sanctions pursuant\nto subdivision 3 of section 71-0924; or anyone convicted two or more\ntimes within five years of unlawfully harvesting, taking, possessing or\ntransporting any marine fish, shellfish or crustacea under facts and\ncircumstances meeting the criteria for imposition of sanctions pursuant\nto subdivision 2 of section 71-0924, or of violating subdivision 1,\nparagraph c of subdivision 2, subdivision 5, 6, 7 or 9 of section\n13-0329, or section 13-0344 of this chapter shall have his license to\ntake and land lobsters revoked and shall not be relicensed for a minimum\nof five years thereafter, in addition to any other sanction imposed\npursuant to this article.\n  3. Any person convicted of violating the prohibition against\nharvesting, taking, possessing or transporting any marine food fish\nunder facts and circumstances meeting the criteria for imposition of\nsanctions pursuant to subdivision 3 of section 71-0924; or any person\nconvicted two or more times within five years of violating the\nprohibition against harvesting, taking, possessing or transporting any\nmarine food fish under facts and circumstances meeting the criteria for\nimposition of sanctions pursuant to subdivision 2 of section 71-0924, or\nof violating section 13-0344 of this chapter, shall have his license to\ntake and land marine food fish revoked and shall not be licensed for a\nminimum of five years thereafter, in addition to any other sanctions\nimposed pursuant to this article.\n  4. The provisions of this section shall be in addition to the ability\nof the department to suspend licenses pursuant to section 13-0309,\n13-0311 or 13-0329 of this chapter or any other provision of law.\nRevocations pursuant to this section shall be automatic upon the second\nconviction and shall not require any hearing for the revocation.\n  5. For the purposes of this section, convictions shall only include\nconvictions for violations of this chapter and shall not include\nconvictions for violation of department regulations promulgated pursuant\nto this chapter. Conviction shall also not include an admission of guilt\nthrough stipulation or a consent order or a compromise of civil penalty\nunder section 71-0519 of this article.\n  6. Any person who has had his license revoked pursuant to subdivision\n1 or 2 of this section may, more than sixty days subsequent to such\nrevocation, apply to the commissioner for a reinstatement of such\nlicense. The commissioner may reinstate such revoked license for such\nperiod as determined by the commissioner and upon such conditions deemed\nappropriate and necessary to protect the public health and natural\nresources of the state, including, but not limited to the posting of\nbond.\n
N.Y. PBA Law § 1860-A — New York Code / Act PBA / Article 8 / Title 9 / Section 1860-A
Reserve funds and appropriations
Status: in_force

§ 1860-a. Reserve funds and appropriations. 1. The authority may\ncreate and establish one or more reserve funds to be known as debt\nservice reserve funds and may pay into such reserve funds (a) any moneys\nappropriated and made available by the state for the purposes of such\nfunds, (b) any proceeds of sale of bonds and notes to the extent\nprovided in the resolution of the authority authorizing the issuance\nthereof, (c) any moneys directed to be transferred by the authority to\nsuch funds, and (d) any other moneys which may be made available to the\nauthority for the purposes of such funds from any other source or\nsources. The moneys held in or credited to any debt service reserve fund\nestablished under this subdivision, except as hereinafter provided,\nshall be used solely for the payment of the principal of bonds of the\nauthority secured by such reserve fund, as the same mature, required\npayments to any sinking fund established for the amortization of such\nbonds (hereinafter referred to as "sinking fund payments"), the purchase\nor redemption of such bonds of the authority, the payment of interest on\nsuch bonds of the authority or the payment of any redemption premium\nrequired to be paid when such bonds are redeemed prior to maturity;\nprovided, however, that moneys in any such fund shall not be withdrawn\ntherefrom at any time in such amount as would reduce the amount of such\nfund to less than the maximum amount of principal and interest maturing\nand becoming due in any succeeding calendar year on the bonds of the\nauthority then outstanding and secured by such reserve fund, except for\nthe purpose of paying principal and interest on the bonds of the\nauthority secured by such reserve fund maturing and becoming due and\nsinking fund payments for the payment of which other moneys of the\nauthority are not available.  Any income or interest earned by, or\nincrement to, any such debt service reserve fund due to the investment\nthereof may be transferred to any other fund or account of the authority\nto the extent it does not reduce the amount of such debt service reserve\nfund below the maximum amount of principal and interest maturing and\nbecoming due in any succeeding calendar year on all bonds of the\nauthority then outstanding and secured by such reserve fund. In\ncomputing the amount of any debt service reserve fund for the purposes\nof this section, securities in which all or a portion of such reserve\nfund are invested shall be valued at par or, if purchased at less than\npar, at their cost to the authority.\n  2. The authority shall not issue bonds at any time if the maximum\namount of principal and interest maturing and becoming due in a\nsucceeding calendar year on the bonds outstanding and then to be issued\nand secured by a debt service reserve fund will exceed the amount of\nsuch reserve fund at the time of issuance, unless the authority, at the\ntime of issuance of such bonds, shall deposit in such reserve fund from\nthe proceeds of the bonds so to be issued, or otherwise, an amount which\ntogether with the amount then in such reserve fund, will be not less\nthan the maximum amount of principal and interest maturing and becoming\ndue in any succeeding calendar year on the bonds then to be issued and\non all other bonds of the authority then outstanding and secured by such\nreserve fund.\n  3. To assure the continued operation and solvency of the authority for\nthe carrying out of the public purposes of this act provision is made in\nsubdivision one of this section for the accumulation in each debt\nservice reserve fund of an amount equal to the maximum amount of\nprincipal and interest maturing and becoming due in any succeeding\ncalendar year on all bonds of the authority then outstanding and secured\nby such reserve fund. In order further to assure the maintenance of such\ndebt service reserve funds, there shall be annually apportioned and paid\nto the authority for deposit in each debt service reserve fund such sum,\nif any, as shall be certified by the chairman of the authority to the\ngovernor and state director of the budget as necessary to restore such\nreserve fund to an amount equal to the maximum amount of principal and\ninterest maturing and becoming due in any succeeding calendar year on\nthe bonds of the authority then outstanding and secured by such reserve\nfund. The chairman of the authority shall annually, on or before\nDecember first, make and deliver to the governor and state director of\nthe budget his certificate stating the sum, if any, required to restore\neach such debt service reserve fund to the amount aforesaid, and the sum\nor sums so certified, if any, shall be apportioned and paid to the\nauthority during the then current state fiscal year. The principal\namount of bonds secured by a debt service reserve fund or funds to which\nstate funds are apportionable pursuant to this subdivision shall be\nlimited to the total amount of bonds and notes outstanding on the\neffective date of this act, plus the total amount of bonds and notes\ncontracted after the effective date of this act to finance projects in\nprogress on the effective date of this act as determined by the New York\nstate public authorities control board created pursuant to section fifty\nof this chapter whose affirmative determination shall be conclusive as\nto all matters of law and fact solely for the purposes of the\nlimitations contained in this subdivision, but in no event shall the\ntotal amount of bonds so secured by such a debt service reserve fund or\nfunds exceed nine million six hundred sixty thousand dollars, excluding\nbonds issued to refund such outstanding bonds until the date of\nredemption of such outstanding bonds. As outstanding bonds so secured\nare paid, the amount so secured shall be reduced accordingly but the\nredemption of such outstanding bonds from the proceeds of refunding\nbonds shall not reduce the amount so secured.\n  4. All amounts paid over to the authority by the state pursuant to the\nprovisions of this section shall constitute and be accounted for as\nadvances by the state to the authority and, subject only to the rights\nof the holders of any bonds or notes of the authority theretofore or\nthereafter issued, shall be repaid to the state from all available\noperating revenues of the authority in excess of debt service reserve\nfund requirements and operating expenses.\n  5. As used in this section, (a) the term "operating expenses" shall\nmean ordinary expenditures for operation and administration of the\nauthority, including maintenance, repair and replacement of authority\nproperty; and (b) the term "available operating revenues" shall mean all\namounts received on account of rentals and fees charged by the\nauthority, if any, and income or interest earned or added to funds of\nthe authority due to the investment thereof, and not required under the\nterms or provisions of any covenant or agreement with holders of any\nbonds or notes of the authority to be applied to any purposes other than\npayment of operating expenses of the authority.\n
N.Y. RSS Law § 89-T*2 — New York Code / Act RSS / Article 2 / Title 9 / Section 89-T*2
Alternative retirement benefits for safety officers
Status: in_force

* § 89-t. Alternative retirement benefits for safety officers. a.\nDefinitions. For purposes of this section:\n  1. "Qualifying member" shall mean any member who is in service as a\nsafety officer under the jurisdiction of the office of mental health or\nthe office for people with developmental disabilities, an institutional\nsafety officer, or a special police officer designated by the director\nof a state hospital.\n  2. "Qualifying creditable service" shall mean creditable service\nrendered while a member is a qualifying member.\n  b. Eligibility. 1. Any qualifying member, as defined in subdivision a\nof this section, shall be eligible to retire pursuant to the provisions\nof this section. Such eligibility shall be an alternative to the\neligibility provisions available under any other plan of this article to\nwhich such member is subject. The comptroller may request certifications\nfrom agency officials, as appropriate, to identify such eligible\nmembers.\n  2. Any such qualifying member shall be entitled to retire after the\ncompletion of twenty-five years of qualifying creditable service by\nfiling an application therefor in a manner similar to that provided in\nsection seventy of this article; provided, however, no such member shall\nbe eligible to retire until he or she has a minimum of ten years of\nqualifying creditable service.\n  c. Retirement allowance. A member retiring under the provisions of\nthis section shall receive a retirement allowance consisting of a\npension equal to one-fiftieth of his or her final average salary for\neach year of qualifying creditable service. This retirement allowance\nshall not exceed fifty percent of such member's final average salary.\n  d. Computation of service. In computing the twenty-five years of\ncompleted service of a qualifying member for purposes of this section,\nfull credit shall be given and full allowance shall be made for service\nof such member in war after World War I, as defined in subdivision\nthirty of section two of this chapter, provided such member at the time\nof his or her entrance into the armed forces was in state service.\n  e. Nothing herein shall be construed to prevent a member, who does not\nretire pursuant to the provisions of this section, from utilizing\nservice which is creditable service pursuant to the provisions of this\nsection for the service credit pursuant to any other plan of this\narticle to which such member is subject.\n  f. The increased costs of the benefits provided for in this section\nshall be paid from additional contributions made by the employer.\n  g. The provisions in this section shall be controlling notwithstanding\nany other provision in this article to the contrary.\n  * NB There are 2 § 89-t's\n
N.Y. ENV Law § 37-0911 — New York Code / Act ENV / Article 37 / Title 9 / Section 37-0911
Children's product safety council; established
Status: in_force

§ 37-0911. Children's product safety council; established. 1. There\nshall be established, within the department, the children's product\nsafety council. Such council shall be composed of ten members as\nfollows:\n  (a) the commissioner, or the commissioner's designee, who shall be the\nchair of the council;\n  (b) the commissioner of health or his or her designee;\n  (c) a designee of the commissioner with expertise in epidemiology,\ntoxicology or health risk assessment;\n  (d) a designee of the commissioner of health with expertise in\nepidemiology, toxicology or health risk assessment; and\n  (e) six members appointed by the governor, two of whom shall be\nrecommended by the temporary president of the senate, and two by the\nspeaker of the assembly.\n  2. (a) Of the four members appointed to the children's product safety\ncouncil and recommended by the temporary president of the senate and the\nspeaker of the assembly, the temporary president of the senate and the\nspeaker of the assembly shall each recommend:\n  (i) one member who has expertise in pediatrics; and\n  (ii) one member who has a background or expertise in toxicology or\nhealth risk assessment.\n  (b) Of the two additional members appointed to the children's product\nsafety council, the governor shall appoint members who have a background\nin environmental health and safety, risk assessment or medicine.\n  (c) The members of such council appointed pursuant to paragraph (e) of\nsubdivision one of this section shall serve terms of two years.\n  (d) The members appointed pursuant to paragraph (e) of subdivision one\nof this section shall each serve his or her term of office or until his\nor her successor is appointed; provided that any vacancy in the position\nof an appointed member shall be filled in the same manner as the\noriginal appointment and only for the unexpired term of the vacancy.\n  3. The members of the children's product safety council shall receive\nno compensation for their services, but shall be allowed their actual\nand necessary expenses incurred in the performance of their duties\npursuant to this title.\n  4. The children's product safety council shall meet at such times and\nplaces as may be determined by its chair. The council shall meet at a\nminimum of two times per year. All meetings shall be open to the public\npursuant to article seven of the public officers law. A majority of the\nmembers of such council shall constitute a quorum for the transaction of\nbusiness. Action may be taken, and motions and resolutions adopted, at\nany meeting by the affirmative vote of a majority of the full membership\nof the council.\n  5. (a) The council shall make recommendations to the department\nrelating to those chemicals, which the department may list as\nhigh-priority chemicals pursuant to section 37-0905 of this title. The\ncouncil shall provide the department with its first list of recommended\nhigh-priority chemicals no later than one year from the initial meeting\nof the council, and the council shall update the list annually\nthereafter. In determining what chemicals shall be recommended as\nhigh-priority chemicals the council shall, at a minimum, consider the\ncriteria of paragraph (b) of subdivision two of section 37-0905 of this\ntitle;\n  (b) The council shall make recommendations to the department relating\nto those chemicals which should be prohibited by the department pursuant\nto subdivision two of section 37-0909 of this title.\n  (i) In determining what chemicals shall be recommended for\nprohibition, the council shall, at a minimum, consider those chemicals\nlisted as high-priority chemicals pursuant to section 37-0905 of this\ntitle.\n  (ii) The council shall provide the department with its first list of\nsuch chemicals no later than two years from the initial meeting of the\ncouncil. The council shall update the list, including a review of the\nchemicals listed as high-priority chemicals pursuant to section 37-0905\nof this title, annually thereafter.\n  6. The children's product safety council shall be entitled to request\nand receive information from any state, municipal department, board,\ncommission or agency that may be required or are deemed necessary for\nthe purposes of such council.\n  7. Before the council advances any recommendation to the department,\nthe council shall provide an opportunity for public and stakeholder\ncomments. Final recommendations of the council shall be posted on the\ndepartment's website within thirty days after the council adopts such\nrecommendations.\n
N.Y. PBA Law § 1205 — New York Code / Act PBA / Article 5 / Title 9 / Section 1205
Rates of fare and levels of service
Status: in_force

§ 1205. Rates of fare and levels of service. 1. Notwithstanding the\nprovisions of any other law, the terms of any contract or franchise, the\nauthority shall have the power at all times to fix or adjust the rate or\nrates of fare to be charged for the use of any transit facility operated\nby the authority as may in the judgment of the authority be necessary to\nmaintain the operations of the authority on a self-sustaining basis. The\noperations of the authority shall be deemed to be on a self-sustaining\nbasis, as required by this title, when the authority is able to pay from\nrevenue, from any funds granted or transferred to the authority pursuant\nto any provision of law, including funds granted pursuant to the\nprovisions of section ninety-eight-b of the general municipal law, and\nfrom any other funds actually available to the authority, including the\nproceeds of borrowings for working capital purposes, the expenses of\noperation of the authority as the same shall become due.\n  2. Upon the written request of the mayor the authority shall permit\nreduced fares for one or more classes of transit facility users\ndesignated by the mayor upon the agreement of the city to assume the\nburden of the resulting differential, together with the attendant\nadministrative costs of the authority, pursuant to procedures\nsatisfactory to the authority.\n  3. Notwithstanding the provisions of subdivision one of this section,\nno zonal system of fares proposed to be instituted on or after March\nfirst, nineteen hundred sixty-eight for the use of the whole or any part\nof a rapid transit facility or of an omnibus line facility operated by\nthe authority and no general revision of the system of transfers\napplicable to the use of all such facilities in effect as of that date\nshall be established without the written approval of the mayor. For the\npurposes of this subdivision the term "zonal system of fares" shall mean\nany system whereby the fare payable for the use of a rapid transit\nfacility or an omnibus line facility or of any part thereof varies\naccording to distance traveled or to the location of the point of entry\nor departure by the user, but the creation or elimination of free\ntransfer points shall not be regarded as the institution of such a\nsystem.\n  4. From and after March first, nineteen hundred sixty-eight, no\nsubstantial or general change in the levels of service furnished upon\nthe rapid transit facilities or the omnibus line facilities of the\nauthority shall be instituted except upon not less than thirty days'\nwritten notice to the mayor and to the board of estimate.\n  5. (a) Any complete or partial closing of a passenger station within\nthe city of New York, or any means of public access to such facility,\nexcept for purposes of repair or renovation or in case of emergency\nshall be accomplished only if approved by resolution of the authority\nadopted by not less than a majority of the whole number of members of\nthe authority then in office, and only after a public hearing. Such\nhearing shall be held not less than thirty days after notice of such\nproposed closing has been given to, and comments solicited from, the\ncommunity board as established pursuant to section eighty-four of the\nNew York city charter whose area of jurisdiction includes the station\nproposed to be closed or otherwise affected.\n  (b) In the case of a planned complete closure of a passenger station\nfor purposes of repair or renovation, where such station will be out of\nservice for sixty days or longer the MTA board shall adopt a policy,\nwithin ninety days of the effective date of the chapter of the laws of\ntwo thousand nineteen which amended this subdivision, that will ensure\nadequate communication of such work to impacted stakeholders where such\npassenger station is located including but not limited to: elected\nrepresentatives, senate and assembly representatives, and community\nboards at least forty-five days prior to such closure. Such policy shall\nrequire the authority to notify the community board or boards whose\ndistrict contains a passenger station subject to a planned complete\nclosure or is contiguous to a district that contains a passenger station\nsubject to a planned complete closure located on the same line of\nservice as the passenger station subject to closure in writing. Such\nwritten notice shall provide such board or boards with an option to\nrequest a presentation from the authority regarding such planned\ncomplete closure. Upon request from such board or boards the authority\nshall, at a date convenient to such board or boards prior to such\nclosure, present information regarding such closure and related service\nalternatives and also allow for public comment. The policy shall also\nrequire that the authority provide notice to the public at least thirty\ndays prior to such closure by: (i) posting notice in the passenger\nstations that are scheduled for closure; and (ii) posting notice on the\nauthority's website and social media accounts; providing information\nabout the planned complete closure, service alternatives, and directions\non how the public can provide comment to the authority regarding such\nclosure. This subdivision shall not apply to emergency station closures\nresulting from unforeseen circumstances where such closure is necessary\nto ensure public health, safety and welfare.\n  6. No acts or activities taken or proposed to be taken by the\nauthority pursuant to the provisions of subdivision one or two of this\nsection shall be deemed to be "actions" for the purposes or within the\nmeaning of article eight of the environmental conservation law.\n  7. Whenever the authority causes notices of hearings on proposed\nchanges in services or fares to be posted pursuant to this section or\nany statute, regulation, or authority policy, or where it voluntarily\nposts such notices, such notices shall: (a) be written in a clear and\ncoherent manner using words with common and every day meaning; (b) be\ncaptioned in large point type bold lettering with a title that fairly\nand accurately conveys the basic nature of such change or changes; (c)\nwhere such change involves a proposed change in levels of fare, include\nin its title the range of amounts of fare changes under consideration;\n(d) contain, to the extent practicable, a concise description of the\nspecific nature of the change or changes, including but not limited to a\nconcise description of those changes that affect the largest number of\npassengers; (e) where such change involves a change in the nature of a\nroute, contain, to the extent practicable, a clear graphic illustration\nof such change or changes; and (f) where such change involves a partial\nor complete station closing, such notice shall be posted at the affected\nstation with a clear graphic illustration depicting the nature of any\nclosing for such station.\n  8. Notwithstanding any other provision of law, the authority and any\nof its subsidiary corporations shall establish and implement a half fare\nrate program for persons with serious mental illness who are eligible to\nreceive supplemental security income benefits as defined pursuant to\ntitle sixteen of the federal social security act and section two hundred\nnine of the social services law. The half fare rate program established\nand implemented pursuant to this subdivision shall be in operation\nduring all hours in which such authority provides railroad, subway\nand/or omnibus services, and such program shall not be limited in\noperation to off-peak hours or to any other hours designated by the\nauthority or its subsidiary corporations.\n
N.Y. LFN Law § 122.00 — New York Code / Act LFN / Article 2 / Title 9 / Section 122.00
Pay-as-you-go financing by the city of New York; ascertainment of indebtedness arising therefrom
Status: in_force

§ 122.00 Pay-as-you-go financing by the city of New York;\nascertainment of indebtedness arising therefrom.  a. Whenever the city\nof New York is required by law to pay for all or any part of the cost of\na capital improvement by direct budgetary appropriation in any fiscal\nyear or by the issuance of capital notes, the finance board of such city\nmay, by resolution, elect to exclude from the tax limitation prescribed\nby section ten of article eight of the state constitution all or part of\nthe taxes required for such direct budgetary appropriation or for the\nredemption of such capital notes. The amount so excluded shall be deemed\nto be indebtedness to the same extent and in the same manner as if such\namount had been financed through indebtedness payable in equal annual\ninstallments over the period of probable usefulness of such capital\nimprovement, as determined by section 11.00 of this chapter.\n  b. This section shall apply only to taxes required for a budgetary\nappropriation, or for the redemption of a capital note issued, for the\npayment, prior to the expiration of the fiscal year in which such\ncapital improvement is completed, of all or any part of the cost of such\ncapital improvement.\n  c. Where taxes required for such direct budgetary appropriation or for\nthe redemption of such capital notes are so excluded from the tax\nlimitation prescribed by section ten of article eight of the state\nconstitution, the cost of the capital improvement or improvements for\nwhich the direct budgetary appropriation was made or the capital notes\nissued shall, to the extent of the amount of such taxes, be required by\nlaw to be financed in such manner and from no other source. Where taxes\nso raised are so excluded from such tax limitation, and where a surplus\nexists in the amount of taxes so excluded after paying all costs of a\ncapital improvement or by reason of the abandonment of the acquisition\nor construction of a capital improvement, such surplus may be\ntransferred, in the manner provided by law, to and may be used only for\nthe purpose of (1) an appropriation for, or a capital reserve fund\ncreated or to be created for, a capital improvement having a like or\nlesser period of probable usefulness than the capital improvement for\nwhich such taxes were raised, or (2) an appropriation for the payment of\ninterest on or principal of serial bonds of an issue having a maximum\nmaturity of more than two years and maturing at or prior to the\nexpiration of the period of probable usefulness of the capital\nimprovement for which such taxes were raised.\n  d. The chief fiscal officer of such city shall determine the amount to\nbe deemed indebtedness pursuant to this section, and shall set forth his\ndetermination in a statement in writing, executed in duplicate, signed\nand verified by him, which shall be in such form and contain such\ninformation as shall be prescribed by the state comptroller. Both copies\nof such statement shall be forwarded to the state comptroller, and, if\napproved by him, the determination therein set forth shall be\nconclusive.  One copy of such determination, together with the approval\nof the state comptroller, shall be filed in the office of the department\nof audit and control and the other in the office of the chief fiscal\nofficer of such city. Both of such copies shall be public records.\n  e. For the purposes of this section the term "capital improvement"\nshall include also boats, fire fighting vehicles and apparatus,\nmachinery and apparatus for construction and maintenance, and motor\nvehicles having periods of probable usefulness assigned in subdivisions\ntwenty-six, twenty-seven, twenty-eight and twenty-nine of paragraph a of\nsection 11.00 of this chapter.\n  f. Any amounts determined to be deemed indebtedness of any county,\ncity, other than the city of New York, village or school district in\naccordance with the provisions of this section or section eleven of\narticle eight of the constitution as in force and effort prior to\nJanuary first, nineteen hundred fifty-two, shall not be deemed to be\nindebtedness on and after such date.\n
N.Y. PBA Law § 1883 — New York Code / Act PBA / Article 8 / Title 9 / Section 1883
State oversight and funding
Status: in_force

§ 1883. State oversight and funding. The New York state energy\nresearch and development authority shall exercise oversight over such\nprogram and is hereby authorized to disburse funds to the New York State\nElectric and Gas Corporation to carry out the purpose of this program.\n
N.Y. ENV Law § 27-0903 — New York Code / Act ENV / Article 27 / Title 9 / Section 27-0903
Identification and listing of hazardous waste
Status: in_force

§ 27-0903. Identification and listing of hazardous waste.\n  1. The commissioner shall promulgate regulations in a manner\nconsistent with the state administrative procedure act, setting forth\nthe criteria for identification and listing of hazardous wastes. Based\non these criteria, the commissioner shall promulgate a list of hazardous\nwastes (which list shall also include a sublist of acute hazardous\nwastes) and shall identify hazardous waste by characteristic, in a\nmanner at least as stringent as promulgated by the administrator\npursuant to RCRA. The list of hazardous wastes and the identification of\nhazardous waste by characteristic shall determine those hazardous wastes\nwhich shall be subject to this title.\n  2. Where appropriate and consistent with the provisions of RCRA, such\nregulations shall provide for exemptions from the provisions of this\ntitle for the management of small quantities of wastes listed or\nidentified as hazardous when generated by research and limited use\noperations.\n  3. The regulations setting forth the criteria for identification and\nlisting, and the list of, hazardous wastes subject to this title may be\namended by the commissioner from time to time as appropriate, based upon\nhazardous waste conditions of particular relevance to the state. The\ncommissioner may promulgate the appropriately amended regulations only\nupon a showing of the circumstances constituting the hazardous waste\nconditions of particular relevance to this state, and then in a manner\nconsistent with the state administrative procedure act.\n  4. Uniform treatment of waste. All waste resulting from the\nexploration, development, extraction or production of crude oil or\nnatural gas, including but not limited to drilling fluids and produced\nwaters, shall be considered hazardous waste under the law of this state\nand subject to all pertinent generation, transportation, treatment,\nstorage, and disposal laws and regulations, if such waste meets the\ndefinition of hazardous waste set forth in subdivision three of section\n27-0901 of this chapter. Within six months from the effective date of\nthis subdivision, the department shall make all necessary changes to\nbring its regulations into compliance with this section.\n
N.Y. RSS Law § 89-R — New York Code / Act RSS / Article 2 / Title 9 / Section 89-R
Retirement of county park police officers in Suffolk county
Status: in_force

§ 89-r. Retirement of county park police officers in Suffolk county.\na.  Any member who is employed by Suffolk county as a park police\nofficer shall be eligible to retire pursuant to the provisions of this\nsection.  Such eligibility shall be an alternative to the eligibility\nprovisions available under any other plan of this article to which such\nmember is subject. The parks commissioner of the Suffolk county\ndepartment of parks shall certify to the comptroller, periodically and\nat such intervals of time as may be required of him or her and in such\nfashion as may be prescribed, the identity of the eligible park police\nofficers in his or her employ.\n  b. Such member shall be entitled to retire upon the completion of\ntwenty-five years of total creditable service by filing an application\ntherefor in the manner provided for in section seventy of this article.\n  c. Upon completion of twenty-five years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of his or her\naccumulated contributions at the time of his or her retirement and an\nadditional pension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which he or she may then be\nentitled shall be sufficient to provide him or her with a retirement\nallowance equal to one-half of his or her final average salary.\n  d. As used in this section "creditable service" shall include any and\nall services performed as a park police officer of the Suffolk county\ndepartment of parks, and any and all services performed as a park ranger\nof the Suffolk county department of parks.\n  e. Credit for service as a member or officer of the state police or as\na paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district, or as a criminal investigator in\nthe office of a district attorney, provided that service as such\ninvestigator shall have been rendered prior to January first, nineteen\nhundred sixty and that credit therefor shall not exceed five years,\nshall also be deemed to be creditable service and shall be included in\ncomputing years of total service for retirement pursuant to this\nsection, provided such service was performed by the member while\ncontributing to the retirement system pursuant to the provisions of this\narticle or article eight of this chapter.\n  f. A member contributing on the basis of this section at the time of\nretirement, shall retire after the completion of twenty-five years of\ntotal creditable service. Application therefor may be filed in a manner\nsimilar to that provided in section seventy of this article. Upon\ncompletion of twenty-five years of such service and upon retirement,\neach such member shall receive a pension which, together with an annuity\nwhich shall be the actuarial equivalent of his or her accumulated\ncontributions at the time of his or her retirement and an additional\npension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he or she may then be\nentitled shall be sufficient to provide him or her with a retirement\nallowance equal to one-half of his or her final average salary.\n  g. In computing the twenty-five years of total service of a member\npursuant to this section full credit shall be given and full allowance\nshall be made for service of such member in time of war after World War\nI as defined in section two of this chapter, provided such member at the\ntime of his or her entrance into the armed forces was in the service of\nthe county of Suffolk.\n  h. Nothing herein shall be construed to prevent a member, who does not\nretire pursuant to the provisions of this section, from utilizing\nservice which is creditable service pursuant to the provisions of this\nsection for service credit pursuant to the provisions of any other plan\nof this article to which such member is subject.\n  i. The provisions of this section shall be controlling notwithstanding\nany other provision in this article to the contrary.\n
N.Y. PBA Law § 350 — New York Code / Act PBA / Article 2 / Title 9 / Section 350
Short title
Status: in_force

§ 350. Short title. This title may be cited as "New York State thruway\nauthority act".\n
N.Y. PBA Law § 1910 — New York Code / Act PBA / Article 8 / Title 9-C / Section 1910
Statement of legislative findings and intent
Status: in_force

* § 1910. Statement of legislative findings and intent. 1. Findings.\nThe legislature hereby finds, determines, and declares:\n  (a) New York will need to accelerate the deployment of renewable\nenergy projects, both large-scale and distributed energy systems, in\norder to achieve the mandates of the New York state climate leadership\nand community protection act enacted as chapter one hundred six of the\nlaws of two thousand nineteen (the "CLCPA").\n  (b) In addition to the authority's procurement programs and improved\nstate permitting processes, renewable energy projects require\ncollaboration between host communities and renewable energy developers\nin order to be successfully and appropriately sited and constructed.\n  (c) Local land use decisions are important to meeting the goals of the\nCLCPA, but communities often do not have capacity or sufficient tools\nand information to effectively plan for renewable energy siting.\n  (d) Community concerns regarding the potential impacts of large-scale\nand distributed energy systems are different, but both can provide\nenergy cost savings for residents and businesses in the community, local\ninfrastructure improvement, local tax revenue and economic benefits,\nlocal job creation, and cleaner air.\n  (e) There has been a lack of information about the local benefits and\nimpacts of renewable energy technology development and the best ways for\ncommunities to maximize benefits while avoiding and mitigating impacts.\n  (f) A multi-pronged approach is necessary to provide communities,\nincluding disadvantaged communities as designated under the CLCPA, with\nthe information and tools necessary to support the appropriate siting\nand acceptance of renewable energy sources, including wind, solar,\nstorage and transmission and distribution upgrades.\n  2. Intent. It is the intent of the legislature in enacting this title\nto empower the authority to establish effective programs and mechanisms\nto:\n  (a) Educate the public and build consensus on the benefits of a shift\nto renewable energy technologies, which will provide jobs, lower energy\ncosts and reduce price volatility, and reduce the need for fossil fuel\nbased power, bringing clean air and public health benefits and reduced\ngreenhouse gas emissions that lead to climate change and its impacts;\n  (b) Provide information and assistance to communities and local\nrepresentatives to promote the appropriate and successful siting of\nrenewable energy projects, including wind, solar, storage and\ntransmission and distribution system upgrades;\n  (c) Equip local governments with the tools they need to effectively\nconsider natural and working lands, the potential for co-location and\ndual-use solutions, effective utilization of previously disturbed or\ndeveloped sites, and protecting disadvantaged communities when planning\nfor renewable energy projects in their communities; and\n  (d) Help communities develop and adopt local planning, zoning and\nother policies that support the sustainable and equitable development of\nlocal renewable energy technology through processes that ensure and\nenhance public outreach, education and engagement, particularly in\nfrontline communities that have historically been disenfranchised and\ndiscriminated against in the local land use decision-making process.\n  * NB Repealed December 31, 2031\n
N.Y. SOS Law § 336-D — New York Code / Act SOS / Article 5 / Title 9-B / Section 336-D
Job search activities
Status: in_force

§ 336-d. Job search activities.  1. Each applicant for or recipient of\npublic assistance shall, upon request of the social services official,\ndemonstrate that he or she is engaged in an active and continuing effort\nto achieve self-sufficiency as defined by the department.  Such effort\nshall include but not be limited to an active and continuing search for\nemployment, or for persons otherwise exempt in accordance with section\nthree hundred thirty-two of this title, and where deemed appropriate by\nthe social services official, activities that foster preparation for\nemployment.  Each such applicant or recipient shall have an affirmative\nduty to accept any offer of lawful employment in which he or she may\nengage. The failure of a social services district to assign applicants\nand recipients to activities pursuant to this title shall not relieve\nsuch persons from the requirements  of this section. An individual who\nfails to comply with the requirements of the section shall be subject to\nthe provisions set forth in subdivision five of section one hundred\nthirty-one of this chapter and of section three hundred forty-one and\nthree hundred forty-two of this title.\n  2. The social services official shall, if deemed appropriate by such\nofficial, supervise job search activities assigned pursuant to this\narticle.\n
N.Y. ENV Law § 27-0916 — New York Code / Act ENV / Article 27 / Title 9 / Section 27-0916
Department authority for cleanups
Status: in_force

§ 27-0916. Department authority for cleanups.\n  1. The department shall have authority to clean up or return to its\noriginal state any area where hazardous wastes were disposed, possessed\nor dealt in unlawfully in violation of section 27-0914 of this article.\nFor the purpose of this section "the original state of the area" shall\nmean the reasonably ascertainable condition of the property immediately\nprior to the unlawful act or if impracticable to determine such\ncondition, the cleanup or restoration shall be done in a manner to\nrestore the area to a reasonably sound environmental condition.\n  2. The department shall have the authority to contract with the\nenvironmental facilities corporation or any other person to perform\nnecessary work in connection with such cleanup or restoration.\n  3. Notwithstanding any other provision of law to the contrary, the\nliability of any person designing, implementing or otherwise performing\nservices related to cleanup or restoration work pursuant to a contract\nwith the department, or an order of the department or a court for any\ninjury to a person or property caused by or related to such services,\nshall be limited to acts or omissions of the person during the course of\nperforming such services which are shown to have been the result of\nnegligence, gross negligence or reckless, wanton or intentional\nmisconduct. Notwithstanding any other provision of law, when (i) a\nverdict or decision in an action or claim for injury to a person or\nproperty caused by or related to such services is determined in favor of\na claimant in an action involving a person performing such services and\nany other person or persons jointly liable, and (ii) the liability of\nthe person performing such services is found to be fifty percent or less\nof the total liability assigned to all persons liable, and (iii) the\nliability of the person performing such services is not based on a\nfinding of reckless disregard for the safety of others, or intentional\nmisconduct, then the liability of the person performing such services to\nthe claimant for loss relating to injury to property and for\nnon-economic loss relating to injury to a person shall not exceed the\nequitable share of the person performing such services determined in\naccordance with the relative culpability of each person causing or\ncontributing to the total liability for such losses; provided, however,\nthat the culpable conduct of any person not a party to the action shall\nnot be considered in determining any equitable share herein if the\nclaimant proves that with due diligence the claimant was unable to\nobtain jurisdiction over such person in said action. As used in this\nsection, the term "non-economic loss" includes but is not limited to\npain and suffering, mental anguish, loss of consortium or other damages\nfor non-economic loss. However, nothing in this subdivision shall be\ndeemed to alter, modify or abrogate the liability of any person\nperforming such services for breach of any express warranty, limited or\notherwise, or an express or implied warranty under the uniform\ncommercial code, or to an employee of such person pursuant to the\nworkers' compensation law, or to relieve from any liability any person\nwho possessed, disposed of or dealt in hazardous wastes in violation of\nsection 27-0914 of this article.\n  4. Section eight of the court of claims act or any other provisions of\nlaw to the contrary notwithstanding, the state shall be immune from\nliability and action with respect to any act or omission done in the\nexercise of the department's authority pursuant to this section;\nprovided, however, that this subdivision shall not limit any liability\nwhich may otherwise exist for unlawful, willful or malicious acts or\nomissions on the part of the state, state agencies, or other officers,\nemployees or agents.\n  5. Moneys for actions taken by the department pursuant to this section\nincluding any sampling of wastes, soils, air, surface water and\ngroundwater done by or on behalf of the department and any\nadministrative expenses related thereto, shall be payable from the\nhazardous waste remedial fund directly to the department pursuant to\nsection ninety-seven-b of the state finance law.\n
N.Y. ENV Law § 27-0908 — New York Code / Act ENV / Article 27 / Title 9 / Section 27-0908
Hazardous waste reduction plans
Status: in_force

§ 27-0908. Hazardous waste reduction plans.\n  1. When used in this section, the following terms shall have the\nfollowing definitions:\n  a. "Acute hazardous waste" means any waste identified or listed as\nsuch in the regulations promulgated under section 27-0903 of this title.\n  b. "Generator" means any person, by site, whose act or process\nproduces hazardous waste or whose act first causes a hazardous waste to\nbecome subject to regulation.\n  c. "Hazardous waste" means any waste identified or listed as such in\nthe regulations promulgated under section 27-0903 of this title,\nincluding "acute hazardous waste".\n  2. For the purposes of this section, hazardous wastes generated by any\ncorrective action required pursuant to this title for a release from a\nhazardous waste treatment, storage or disposal facility, or by the\nremediation of an inactive hazardous waste disposal site as defined in\nsubdivision two of section 27-1301 of this article, or by the cleanup of\na release to the environment reported pursuant to article 17, 37 or 40\nof this chapter, or demolition and construction debris, or wastes which\nare otherwise subject to the requirements of this section shall not be\nincluded in the calculation of the amount of hazardous wastes generated\nby a person annually, nor shall such wastes be subject to the waste\nreduction planning requirements for this section.\n  3. a. Any generator of equal to or greater than one thousand tons of\nhazardous waste in the calendar year nineteen hundred ninety or any\nsubsequent calendar year shall prepare, implement and submit to the\ndepartment a written hazardous waste reduction plan on or before July\nfirst of the following calendar year.\n  b. Any generator of equal to or greater than five hundred tons of\nhazardous waste in the calendar year nineteen hundred ninety-one or any\nsubsequent calendar year shall prepare, implement and submit to the\ndepartment a written hazardous waste reduction plan on or before July\nfirst of the following calendar year.\n  c. Any generator of equal to or greater than fifty tons of hazardous\nwaste in the calendar year nineteen hundred ninety-two or any subsequent\ncalendar year shall prepare, implement and submit to the department a\nwritten hazardous waste reduction plan on or before July first of the\nfollowing calendar year.\n  d. Any generator of equal to or greater than twenty-five tons of\nhazardous waste in the calendar year nineteen hundred ninety-five or any\nsubsequent calendar year shall prepare, implement and submit to the\ndepartment a written hazardous waste reduction plan on or before July\nfirst of the following calendar year.\n  e. Notwithstanding any other provision of this subdivision, any\ngenerator required to hold a hazardous waste storage, treatment or\ndisposal permit for the on-site management of hazardous waste pursuant\nto section 27-0913 of this title shall prepare and submit to the\ndepartment, a written hazardous waste reduction plan on or before July\nfirst, nineteen hundred ninety-one or as part of any new permit\napplication, and shall thereafter implement the plan.\n  4. The hazardous waste reduction plan required under this section\nshall include:\n  a. an identification of the amounts and types of any acute hazardous\nwaste as reported pursuant to subdivision six of section 27-0907 of this\ntitle; and an identification of the amounts and types of hazardous\nwastes generated during the previous calendar year which are either (i)\nin amounts greater than five tons or (ii) which account for at least\nninety percent of all hazardous wastes generated by such generator at\nthat facility, whichever represents the greater amount of hazardous\nwastes. For each such hazardous waste, such plan shall also include:\n  (1) a description of the process, operation or activity that resulted\nin the generation of such waste;\n  (2) a calculation of the amount of such waste generated per unit of\nproduction output or raw material used, or other appropriate index, or a\ndemonstration why the calculation cannot be provided; and\n  (3) an estimate, and bases for such estimate, of the costs incurred\nfor managing such waste, including but not limited to, storage costs,\non-site treatment or disposal costs, transportation costs, commercial\ndisposal fees and regulatory fees or a demonstration why such\ncalculation cannot be provided.\n  b. For each such waste identified pursuant to paragraph a of this\nsubdivision, an evaluation of the technical feasibility and economic\npracticability, including return on investment, of implementing waste\nreduction processes, technologies or operational changes to reduce or\neliminate the generation of such waste. Such evaluation shall consider\nthe technical feasibility and economic practicability, where applicable,\nof:\n  (i) substitution of non-toxic or less toxic inputs to the production\nprocess which result in a reduction in the volume or toxicity of such\nwaste;\n  (ii) reformulation or redesign of end products to eliminate production\ninputs or production processes that result in the generation of such\nwaste;\n  (iii) modification or redesign of production processes, technologies\nor equipment which result in a reduction in the volume or toxicity of\nsuch waste;\n  (iv) changes in materials usage, handling and storage practices,\nincluding improved inventory control, preventive maintenance, spill and\nleak prevention, and waste segregation, which will reduce the volume or\ntoxicity of such waste;\n  (v) the use of closed loop reclamation, reuse or recycling processes\nor technologies which directly recycle such wastes back into the\nproduction process; and\n  (vi) the use of on-site or off-site recycling technologies or\nprocesses that reduce the amount of such waste that must be treated or\ndisposed of.\n  c. Establishment and description of a program for implementing\ntechnically feasible and economically practicable waste reduction\nalternatives. Such program shall include:\n  (i) establishment of a general corporate, facility or organizational\nwaste reduction policy, including a statement of waste reduction goals,\nalong with a plan for communicating such policy and statement of goals\nto relevant employees and management personnel;\n  (ii) a time schedule for implementing each technically feasible and\neconomically practicable waste reduction technology, process or\noperational change identified pursuant to paragraph b of this\nsubdivision;\n  (iii) designation of the office or department responsible for\nimplementing the waste reduction plan;\n  (iv) a method of waste reduction measurement which will provide a\nbasis for charting waste reduction trends over time; and\n  (v) appropriate employee training programs to assure proper\nimplementation of the economically practicable and technically feasible\nwaste reduction alternatives identified pursuant to paragraph b of this\nsubdivision.\n  d. An evaluation of the anticipated reduction, in tons or other\nappropriate measurement, in the amount of hazardous wastes produced by\nthe generator as a result of the implementation of each of the\ntechnically feasible and economically practicable waste reduction\noptions identified pursuant to paragraph b of this subdivision.\n  e. An evaluation of the extent, if any, to which the implementation of\neach of the technically feasible and economically practicable waste\nreduction options identified pursuant to paragraph b of this subdivision\nmay result in the transference of hazardous wastes into any other\nenvironmental media and the environmental benefits, if any, of the waste\nreduction option resulting in such transference.\n  5. The hazardous waste reduction plan required pursuant to this\nsection shall be updated at least biennially to reflect changes in the\ntypes and amounts of hazardous wastes produced by the generator. In\npreparing such update, the generator shall evaluate or reevaluate the\ntechnical feasibility and economic practicability of waste reduction\nalternatives as required pursuant to subdivision four of this section\nfor each such waste, and, if appropriate, shall revise the schedule for\nimplementing technically feasible and economically practicable waste\nreduction alternatives; provided, that no evaluation or reevaluation\nshall be required for such wastes no longer produced by the generator.\nSuch update shall provide continuity with previously prepared plans.\n  6. As a part of its hazardous waste generator report required pursuant\nto subdivision six of section 27-0907 of this title, each generator\nrequired to prepare a hazardous waste reduction plan pursuant to this\nsection shall submit to the department an annual status report\ndescribing such generator's progress in achieving its time schedule for\nimplementing technically feasible and economically practicable waste\nreduction alternatives, pursuant to paragraph c of subdivision four of\nthis section. If such generator does not implement a waste reduction\ntechnology, process or operational change identified in such time\nschedule, the annual status report shall identify the reason such\nactivity was not implemented and include a reasonable revised time\nschedule for implementing such waste reduction alternative. If a\ngenerator determines that any method of waste reduction chosen and\nimplemented is not achieving the degree of waste reduction anticipated,\nnotwithstanding commitments made in the plan or biennial update, the\ngenerator may choose and implement another waste reduction alternative\nmore likely to achieve waste reduction. The generator shall explain such\naction in the annual status report and account for such action in the\nbiennial updates pursuant to paragraphs c, d and e of subdivision four\nof this section.\n  7. On or before January first, nineteen hundred ninety-one, the\ndepartment shall prepare and distribute a guidance manual to assist\ngenerators in complying with the requirements of this section.\n  8. The department shall review each plan submitted pursuant to this\nsection according to the schedule provided hereafter. The submission of\nsuch plan shall not be considered a permit application within\nsubdivision four of section 70-0105 of this chapter and shall not be\ndeemed to be a license application within subdivision four of section\none hundred two of the state administrative procedure act.\n  a. After July first, nineteen hundred ninety-one, the department shall\nreview and may reject, in accordance with the standards set forth in\nsubdivision nine of this section, those portions of such plan which\naddress hazardous wastes which are managed in a land disposal facility.\n  b. After July first, nineteen hundred ninety-three, the department\nshall review and may reject, in accordance with the standards set forth\nin subdivision nine of this section, those portions of such plan which\naddress hazardous wastes which are managed through treatment, including\nwastes managed through thermal destruction or wastes burned as fuel for\nthe purpose of recovering usable energy; and\n  c. On or after July first, nineteen hundred ninety-five, the\ndepartment shall review and may reject, in accordance with the standards\nset forth in subdivision nine of this section, all plans submitted by a\ngenerator utilizing recovery, reuse or recycling, except closed loop\nrecycling directly back into the production process, as management\nmethods.\n  d. Notwithstanding any other provision of law the department shall not\nbe authorized to reject any plan or biennial update for which a notice\nof deficiency pursuant to paragraph a of subdivision ten of this section\nhas not been provided to the generator within twelve months of the date\nsuch plan or biennial update was submitted.\n  9. The review of hazardous waste reduction plans conducted by the\ndepartment pursuant to the schedule set forth in subdivision eight of\nthis section shall be subject to the following standards. The department\nmay reject any plan or biennial update thereof which:\n  a. fails to contain all the components required pursuant to\nsubdivision four of this section;\n  b. fails to apply generally accepted engineering, scientific or\neconomic principles and practices;\n  c. accomplishes waste reduction by transference to other environmental\nmedia without an environmental benefit from such transference;\n  d. is inconsistent with the preferred hazardous waste management\npractices hierarchy set forth in section 27-0105 of this article;\n  e. involves conduct which is prohibited by any applicable law or\nregulation;\n  f. fails to provide a basis for charting waste reduction trends over\ntime;\n  g. beginning with the submission of the first biennial update, fails\nto demonstrate reasonable progress in implementing those technically\nfeasible and economically practicable waste reduction alternatives\nchosen by the generator according to the time schedule developed\npursuant to paragraph c of subdivision four of this section; or\n  h.  beginning with the submission of the first biennial update, fails\nto demonstrate reasonable progress in waste reduction employing the\nmethods of waste reduction and calculation provided in the plan, or as\nmodified in the annual report, or fails to reevaluate the technically\nfeasible and economically practicable waste reduction alternatives as\nrequired pursuant to subdivision five of this section.\n  10. a. In proposing to reject any plan or biennial update thereof, the\ndepartment shall provide to the generator a notice detailing the\nspecific deficiencies the department has identified consistent with the\nstandards set forth in subdivision nine of this section.\n  b. Upon receipt of such notice, the generator shall have up to sixty\ndays to prepare a rebuttal or to modify the plan or biennial update to\naddress the deficiencies identified in the notice and to submit such\nrebuttal or modified plan or update to the department.\n  c. If the department determines that the plan or update should not be\nrejected, it shall notify the generator within thirty days of submittal\nof a rebuttal or modified plan or update. If the department determines\nthat the rebuttal or modified plan or update has not adequately\naddressed the specific deficiencies identified in the notice, or if the\nrebuttal or modified plan or update is not submitted within the time\nperiod specified in paragraph b of this subdivision, the department in\nits discretion may require further modifications, consistent with the\nspecific deficiencies identified in the notice, within a time to be\ndetermined by the department, or make a determination to reject such\nplan or update. Any determination to require further modifications shall\nbe made and provided to the generator within thirty days of submittal of\na rebuttal or modified plan or update.\n  d. Immediately upon making a determination to reject a plan or\nbiennial update the department shall provide to the generator a notice\nof final rejection. Such notice of final rejection shall detail the\nspecific deficiencies consistent with the standards set forth in\nsubdivision nine of this section.\n  e. Within fifteen days of the date of a notice of final rejection from\nthe department pursuant to this subdivision, a generator may request a\nhearing pursuant to article three of the state administrative procedure\nact. The department shall notify the generator of a date and place for a\nhearing, to be commenced not later than sixty days from the date of such\nnotification, unless an extension of time has been agreed to pursuant to\nparagraph j of this subdivision.\n  f. The department may not require any modification to the plan or\nbiennial update or raise any issue at hearing not identified in the\nnotice of final rejection provided pursuant to paragraph d of this\nsubdivision.\n  g. The certification prohibition in subdivision eleven of this section\nshall not be effective until a determination is made by the department\nafter hearing, or until time to request such hearing has expired.\n  h. Any final determination of the department is reviewable pursuant to\narticle seventy-eight of the civil practice law and rules.\n  i. Such review shall be commenced within the time limits set forth in\nsection two hundred seventeen of the civil practice law and rules.\n  j. Any time period specified in this subdivision may be extended in\nwriting by mutual consent of the generator and the department.\n  11. Any generator who has submitted a hazardous waste reduction plan\naccording to the time schedule set forth in subdivision three of this\nsection, which plan has not been rejected by the department, is\nauthorized to make the certifications required under sections 27-0907\nand 27-0913 of this title; provided, however, that no such generator\nshall make such certifications if such plan has been rejected by the\ndepartment. These restrictions shall not apply to hazardous waste\ngenerated prior to the date the plan was rejected.\n  12. Information required to be provided to the department under this\nsection shall be subject to the provisions of section 27-0919 of this\ntitle.\n  13. On or before January first, nineteen hundred ninety-three, the\ndepartment shall prepare and present to the governor and the legislature\na report analyzing the desirability of requiring waste reduction\npursuant to this section on the part of generators of greater than\nfifteen tons and less than twenty-five tons of hazardous waste per\ncalendar year. Such report shall include the number of generators in\nthis category, the amount of wastes produced by such generators, the\nenvironmental benefit likely to be achieved, an evaluation of the\npotential economic impact on industry and a description of the\nadditional resources that the department would require to analyze and\napprove waste reduction plans submitted by this group of generators.\n  14. The department shall not impose planning and reduction\nrequirements other than those authorized pursuant to this section for\nthose hazardous wastes which are managed in a land disposal facility,\nmanaged through treatment, or managed through recovery, reuse or\nrecycling and which are subject to the requirements of this section.\nProvided however, nothing herein shall be construed to limit the\ndepartment's authority contained elsewhere in this chapter to require\nplanning and reductions in emissions, discharges or other releases.\n
N.Y. RSS Law § 375-A — New York Code / Act RSS / Article 8 / Title 9 / Section 375-A
Non-contributory retirement plan for state employees
Status: in_force

§ 375-a. Non-contributory retirement plan for state employees.  a.\nNotwithstanding any other provision of law to the contrary, no further\ncontributions to the retirement system, as provided in subdivision b of\nsection three hundred twenty-one of this chapter, shall be required of\nany member in the employ of the state; provided, however, in the case of\npersons in the employ of the state who last became members on or after\nJuly first, nineteen hundred seventy-three, such required contributions\nshall be waived only until the payroll period immediately prior to that\nthe first day of which is nearest to July first, nineteen hundred\nseventy-four.\n  b. Contributions shall be made to the pension accumulation fund by or\non account of the state, as provided in section three hundred sixteen,\nthree hundred seventeen and three hundred forty-two of this chapter, at\na rate fixed by the actuary which shall be computed to be sufficient to\nprovide the benefits established by section three hundred seventy-five-c\nof this chapter on account of members in the employ of the state.\n  c. Nothing contained in this section shall impair the rights of\npersons, who became members before August nineteenth, nineteen hundred\nsixty-six, to make contributions pursuant to subdivision i of section\nthree hundred twenty-one of this chapter.\n  d. Any member who has elected to contribute at a certain rate of\ncontribution in accordance with the provisions of subdivision j of\nsection three hundred twenty-one of this chapter, shall continue to\ncontribute at such rate until his election under said subdivision is\nwithdrawn.\n  e. Any member in service on August nineteenth, nineteen hundred\nsixty-six, may by written notice duly acknowledged and filed with the\ncomptroller on or before August eighteenth, nineteen hundred\nsixty-seven, elect to contribute to the retirement system. Where a\nmember makes an election to contribute, as herein provided for, he shall\ncontribute to the retirement system as otherwise provided in this\nchapter. One year or more after the filing of the notice of election to\ncontribute, the member may withdraw such election and elect not to\ncontribute.\n
N.Y. PBA Law § 385 — New York Code / Act PBA / Article 2 / Title 9 / Section 385
Additional powers of the authority to issue special dedicated highway and bridge trust fund bonds
Status: in_force

§ 385. Additional powers of the authority to issue special dedicated\nhighway and bridge trust fund bonds. 1. (a) The authority is hereby\nauthorized, as an additional corporate purpose thereof: (i) to enter\ninto a dedicated highway and bridge trust fund cooperative agreement or\nagreements with the commissioner of transportation for the financing by\nthe authority of disbursements made by the state or project sponsor for\nany of the activities authorized pursuant to the provisions of section\neighty-nine-b of the state finance law in any case where the expense\nthereof is paid in whole or in part by the state or project sponsor; and\n(ii) to issue use permits or leases to the department of transportation,\nor project sponsor, as the case may be, for projects financed by the\nauthority of disbursements made by the state or project sponsor in\naccordance with the provisions of a dedicated highway and bridge trust\nfund cooperative agreement or agreements, provided that such projects\nare maintained and operated under the supervision of the department of\ntransportation without cost to the New York state thruway authority for\nthe full term of such agreement or agreements, and provided further that\nsuch use permit or lease shall be granted by the authority on a toll\nfree basis. Provided, however, that at any time after April first,\nnineteen hundred ninety-five, no dedicated highway and bridge trust fund\ncooperative agreement with the commissioner of transportation pursuant\nto this section, nor any supplement thereto, need provide any conveyance\nof an interest in the property to the New York state thruway authority\nin connection with any obligations incurred pursuant to this section;\nand any such conveyance evidenced by a dedicated highway and bridge\ntrust fund cooperative agreement before such date shall, consistent with\nthe rights of holders of any such obligations incurred pursuant to this\nsection, revert to the people of the state of New York by appropriate\ninstrument or instruments, by quitclaim deed or otherwise, in\nconfirmation of such reversion and any related use permits shall be\nvoided.\n  (b) The authority is hereby authorized, as additional corporate\npurposes thereof solely upon the request of the director of the budget:\n(i) to issue special emergency highway and bridge trust fund bonds and\nnotes for a term not to exceed thirty years and to incur obligations\nsecured by the moneys appropriated from the dedicated highway and bridge\ntrust fund established in section eighty-nine-b of the state finance\nlaw; (ii) to make available the proceeds in accordance with instructions\nprovided by the director of the budget from the sale of such special\nemergency highway and bridge trust fund bonds, notes or other\nobligations, net of all costs to the authority in connection therewith,\nfor the purposes of financing all or a portion of the costs of\nactivities for which moneys in the dedicated highway and bridge trust\nfund established in section eighty-nine-b of the state finance law are\nauthorized to be utilized or for the financing of disbursements made by\nthe state for the activities authorized pursuant to section\neighty-nine-b of the state finance law; and (iii) to enter into\nagreements with the commissioner of transportation pursuant to section\nten-e of the highway law with respect to financing for any activities\nauthorized pursuant to section eighty-nine-b of the state finance law,\nor agreements with the commissioner of transportation pursuant to\nsections ten-f and ten-g of the highway law in connection with\nactivities on state highways pursuant to these sections, and (iv) to\nenter into service contracts, contracts, agreements, deeds and leases\nwith the director of the budget or the commissioner of transportation\nand project sponsors and others to provide for the financing by the\nauthority of activities authorized pursuant to section eighty-nine-b of\nthe state finance law, and each of the director of the budget and the\ncommissioner of transportation are hereby authorized to enter into\nservice contracts, contracts, agreements, deeds and leases with the\nauthority, project sponsors or others to provide for such financing. The\nauthority shall not issue any bonds or notes in an amount in excess of\ntwenty-two billion three hundred nine million two hundred ninety-four\nthousand dollars $22,309,294,000, plus a principal amount of bonds or\nnotes: (A) to fund capital reserve funds; (B) to provide capitalized\ninterest; and, (C) to fund other costs of issuance. In computing for the\npurposes of this subdivision, the aggregate amount of indebtedness\nevidenced by bonds and notes of the authority issued pursuant to this\nsection, as amended by a chapter of the laws of nineteen hundred\nninety-six, there shall be excluded the amount of bonds or notes issued\nthat would constitute interest under the United States Internal Revenue\nCode of 1986, as amended, and the amount of indebtedness issued to\nrefund or otherwise repay bonds or notes.\n  (c) Such obligations shall be issued or incurred with the approval of\nthe director of the budget and shall be special obligations of the\nauthority secured by and payable solely out of amounts appropriated by\nthe legislature as authorized pursuant to section eighty-nine-b of the\nstate finance law without recourse against any other assets, revenues or\nfunds of or other payments due to the authority. Upon payments of such\nappropriated amounts from the fund established pursuant to section\neighty-nine-b of the state finance law to the account of the authority,\nsuch funds may be pledged by the authority to secure its bonds, notes\nand other obligations authorized by paragraph (b) of this subdivision\nand shall be held free and clear of any claim by any person arising out\nof or in connection with articles twelve-A, thirteen-A and twenty-one of\nthe tax law. Without limiting the generality of the foregoing and\nwithout limiting the rights and duties of the commissioner of taxation\nand finance under articles twelve-A, thirteen-A and twenty-one of the\ntax law, no taxpayer, or any other person, including the state, shall\nhave any right or claim against the authority or any of its bondholders\nto any moneys appropriated and transferred from the dedicated highway\nand bridge trust fund established by section eighty-nine-b of the state\nfinance law for or in respect of a refund, rebate, credit, reimbursement\nor other repayment of taxes paid under such articles of the tax law.\n  (d) The notes, bonds or other obligations of the authority authorized\nby this section shall not be a debt of the state and the state shall not\nbe liable thereon, nor shall they be payable out of any funds other than\nthose of the authority pledged therefor; and such bonds and notes shall\ncontain on the face thereof a statement to such effect. In addition, any\nagreements entered into by the department of transportation pursuant to\nsections ten-e, ten-f and ten-g of the highway law or any other entity\non behalf of the state to effect the implementation of any of the\nactivities financed in whole or in part with proceeds of the obligations\nof the authority authorized in this section do not constitute or create\na debt of the state, nor a contractual obligation in excess of the\namounts appropriated therefor and the state has no continuing legal or\nmoral obligation to appropriate money for payments due under such\ncontracts.\n  (e) All of the provisions of this title relating to bonds and notes,\nwhich are not inconsistent with the provisions of this section, shall\napply to obligations authorized by this section, including but not\nlimited to the power to establish adequate reserves therefor and to\nissue renewal notes or refunding bonds thereof, provided, however, that\nthe authority shall be authorized to issue variable rate bonds or notes\npursuant to this section only until June thirtieth, two thousand, after\nwhich date no bonds or notes issued by the authority pursuant to this\nsection may have interest rates which vary, provided further that the\nexpiration of such authority shall not affect any such bonds or notes\nissued prior to such date.\n  2. Not less than one hundred twenty days before the beginning of each\nstate fiscal year, the chairman of the authority shall certify to the\ncomptroller and to the director of the budget a schedule of anticipated\ncash requirements for such fiscal year pursuant to any agreements\nentered into by the authority with the commissioner of transportation\npursuant to sections ten-e, ten-f and ten-g of the highway law. The\namounts so certified shall constitute required dedicated highway and\nbridge trust fund cooperative agreement payments due pursuant to such\nagreements under sections ten-e, ten-f and ten-g of the highway law. The\ntotal amount so certified for such fiscal year shall be equal to the\ntotal amount of the debt service due or expected to be due during such\nfiscal year on obligations of the authority incurred pursuant to\nsubdivision one of this section, including payments of interest and\nprincipal (including sinking fund payments), together with:\n  (a) the amount, if any, due to any provider of any insurance policy,\nletter of credit or other letter of enhancement or a related facility\nwith respect to such obligations, representing payments made by it as\nprovided in the applicable resolution or trust indenture as a result of\nany previous failure of the state to make any payment provided for in\nthis section, including any related reasonable interest, fees or charges\nso provided;\n  (b) the amount, if any, required to restore any applicable reserve\nfund to the applicable reserve fund requirement to the extent any\ndeficiency therein has resulted directly or indirectly from failure by\nthe state to make any payment provided for in this section;\n  (c) the amount, if any, required to be rebated to the United States to\nprovide for continued exclusion from federal income taxation of interest\non obligations of the authority; and\n  (d) the expenses of the establishment and continued operating expenses\nof the authority related to the financing of activities funded with the\nproceeds of obligations authorized by subdivision one of this section,\nincluding, but not limited to, trustees' fees, fees payable to providers\nof credit facilities, fees for issuing and paying agents, remarketing\nagents and dealers, legal counsel, financial or other advisors or\nconsultants, independent auditors, rating agencies, transfer or\ninformation agents, the publication of advertisements and notices,\nsurety arrangements, and printers' fees or charges incurred by the\nauthority to comply with applicable federal and state securities and tax\nlaws; and any other costs of issuance in excess of the amount provided\ntherefor from the proceeds of the sale of such obligations, to the\nextent that any of the foregoing amounts or expenses are not to be paid\nfrom other resources available to the authority for such purpose.\n  3. The chairman of the authority may revise such certification at such\ntimes as shall be determined by the chairman; provided, however, that\nthe chairman of the authority shall revise such certification not later\nthan thirty days after the issuance of any obligations authorized\npursuant to subdivision one of this section including refunding bonds,\nand affecting the cash requirements of the authority with respect to the\nobligations incurred pursuant to this section.\n  4. Such certification shall provide for payments on such dates as the\nauthority and the director of the budget deems appropriate to ensure\nthat sufficient funds will be available from the sources identified in\nthis section to enable it to meet its current obligations with respect\nto those obligations incurred pursuant to this section as they become\ndue.\n  5. Upon receipt of such certification, or any revision thereof, the\ncomptroller shall pay such dedicated highway and bridge trust fund\ncooperative agreement payments to the authority in accordance with such\ncertification, from the dedicated highway and bridge trust fund\nestablished by section eighty-nine-b of the state finance law. Such\npayments shall be made on or before the date specified in each\ncertificate or within thirty days after such receipt, whichever is\nlater, provided that all such amounts shall have been first appropriated\nby the state.\n  6. The agreement of the state contained in this section shall be\ndeemed executory only to the extent of appropriations available for\npayments under this section and no liability on account of any such\npayment shall be incurred by the state beyond such appropriations. The\nstate, acting through the director of the budget, and the authority may\nenter into, amend, modify, or rescind one or more agreements providing\nfor the specific manner, timing, and amount of payments to be made under\nthis section, but only in conformity with this section.\n  7. The authorization, sale and issuance of bonds, notes or other\nobligations pursuant to this section shall not be deemed an action as\nsuch term is defined in article eight of the environmental conservation\nlaw for the purposes of such article. Such exemption shall be strictly\nlimited in its application to such financing activities of the authority\nand does not exempt the department of transportation or any other entity\nfrom compliance with such article.\n  8. The state of New York shall and hereby agrees to and does indemnify\nand save harmless the New York state thruway authority from and against\nany and all liability, loss, damage, interest, judgments and liens\ngrowing out of, and any and all costs and expenses (including, but not\nlimited to, counsel fees and disbursements) arising out of or incurred\nin connection with any and all claims, demands, suits, actions or\nproceedings which may be made or brought against the New York state\nthruway authority arising out of any determinations made or actions\ntaken or omitted to be taken or compliance with any obligations under or\npursuant to this section.\n  9. Nothing contained in this section shall be deemed to restrict the\nright of the state to amend, repeal, modify or otherwise alter statutes\nimposing or relating to any taxes or fees, including the taxes imposed\npursuant to section two hundred eighty-four, articles thirteen-A and\ntwenty-one of the tax law and fees imposed by section four hundred one\nof the vehicle and traffic law. The authority shall not include within\nany resolution, contract or agreement with holders of the bonds, notes\nand other obligations issued under this title any provision which\nprovides that a default occurs as a result of the state exercising its\nright to amend, repeal, modify or otherwise alter any such taxes and\nfees.\n  10. Any resolution authorizing bonds, notes or other obligations shall\nreserve the right of the state, upon amendment of the New York state\nconstitution allowing the issuance, or assumption, of bonds, notes or\nother obligations secured by revenues, which may include the revenues\nsecuring bonds, notes or other obligations of the authority, (i) to\nassume, in whole or in part, such bonds, notes or other obligations of\nthe authority, (ii) to extinguish the existing lien of such resolution,\nand (iii) to substitute security for the bonds, notes, or other\nobligations of the authority, in each case only so long as such\nassumption, extinguishment or substitution is done in accordance with\nsuch resolution.\n
N.Y. ENV Law § 27-0913 — New York Code / Act ENV / Article 27 / Title 9 / Section 27-0913
Permits and registrations for storage, transportation, treatment, or disposal of hazardous wastes
Status: in_force

§ 27-0913. Permits and registrations for storage, transportation,\n             treatment, or disposal of hazardous wastes.\n  1. a. No person shall engage in storage, treatment, or disposal,\nincluding storage at the site of generation, of hazardous wastes without\nfirst having obtained a permit pursuant to title seven of this article.\nSuch permits shall require corrective action, including corrective\naction beyond the facility boundary where necessary to protect human\nhealth and the environment, for all releases of hazardous waste or\nconstituents from any solid waste management unit at a permitted\ntreatment, storage or disposal facility, regardless of the time at which\nwaste was placed in such unit, and shall contain schedules of compliance\nfor such corrective action where such corrective action cannot be\ncompleted prior to issuance of the permit.\n  b. Where appropriate and consistent with the provisions of RCRA, the\ncommissioner may by regulation provide for interim status for hazardous\nwaste treatment, storage or disposal facilities. Such regulation may\ninclude, but shall not be limited to, termination provisions, corrective\naction provisions and requirements for modification of such facilities\nas may be necessary to protect human health and the environment. The\ncondition of interim status shall not be deemed to be a permit within\nsubdivision four of section 70-0105 of this chapter, and shall not be\ndeemed to be a license within subdivision four of section one hundred\ntwo of the state administrative procedure act.\n  2. No person shall engage in the transportation of hazardous wastes\nwithout first complying with the requirements of title three of this\narticle.\n  3. The commissioner shall assure that permits authorizing hazardous\nwaste treatment, storage, disposal or transportation are not issued to\nnor held by unqualified or unsuitable persons. To effectuate this\npurpose, and in addition to any other available grounds, the\ncommissioner may, consistent with the policies of article twenty-three-A\nof the correction law and the provisions of section 70-0115 of this\nchapter, deny, suspend, revoke or modify any permit, renewal or\nmodification thereto for the treatment, storage, disposal or\ntransportation of hazardous waste, after determining in writing that\nsuch action is required to protect the public health and safety. Some of\nthe factors which the commissioner may consider in arriving at his\ndetermination include the following:\n  a. The permit holder or applicant has been determined in an\nadministrative, civil or criminal proceeding to have violated any\nprovision of this article, any related order or determination of the\ncommissioner, any regulation promulgated pursuant to this article, the\ncondition of any permit issued thereunder, or any similar statute,\nregulation, order or permit condition of the federal or other state\ngovernment.\n  b. Such permit holder or applicant has been denied a permit for the\nsame or substantially similar activity based upon one or more of the\nprovisions of this subdivision, or a similar provision of federal or\nother state law.\n  c. Such permit holder or applicant has been found in a civil\nproceeding to have committed a negligent or intentionally tortious act,\nor has been convicted in a criminal proceeding of a criminal act\ninvolving the handling, storing, treating, disposing or transporting\nhazardous waste.\n  d. Such permit holder or applicant has been convicted of a criminal\noffense under the laws of any state or of the United States which\ninvolves a violent felony offense, fraud, bribery, perjury, theft, or an\noffense against public administration as that term is used in article\none hundred ninety-five of the penal law.\n  e. Such permit holder or applicant has in any matter within the\njurisdiction of the department knowingly falsified or concealed a\nmaterial fact or knowingly submitted a false statement or made use of or\nmade a false statement on or in connection with any document or\napplication submitted to the department.\n  f. Such permit holder or applicant is either:\n  (i) an individual who had a substantial interest in or acted as a high\nmanagerial agent or director for any corporation, partnership,\nassociation or organization which committed an act or failed to act, and\nsuch act or failure to act could be the basis for the denial of a permit\npursuant to this section or regulations promulgated thereunder if such\ncorporation, partnership, association or organization applied for a\npermit under this title;\n  (ii) a corporation, partnership, association, organization, or any\nprincipal thereof, or any person holding a substantial interest therein,\nwhich committed an act or failed to act, and such act or failure to act\ncould be the basis for the denial of a permit pursuant to this section\nor regulations promulgated thereunder if such corporation, partnership,\nassociation or organization applied for a permit under this title; or\n  (iii) a corporation, partnership, association or organization or any\nhigh managerial agent or director thereof, or any person holding a\nsubstantial interest therein, acting as high managerial agent or\ndirector for or holding a substantial interest in another corporation,\npartnership, association or organization which committed an act or\nfailed to act, and such act or failure to act could be the basis for the\ndenial of a permit pursuant to this section or regulations promulgated\nthereunder had such other corporation, partnership, association or\norganization applied for a permit under this title.\n  For the purposes of this subdivision, "high managerial agent" has the\nsame meaning as is given that term in section 20.20 of the penal law,\nand "substantial interest" shall be defined in regulations promulgated\nby the commissioner.\n  4. Any act or failure to act which serves as a basis for denial or\nrevocation of a permit pursuant to this subdivision shall have occurred\nwithin two years from the date on which the application for a permit,\nrenewal or modification is submitted to the department or from the date\non which the department serves notice of intent to revoke or modify a\npermit issued by the department in relation to an existing permit.\n  5. Any person denied a permit, renewal or modification on the grounds\nspecified in this subdivision shall be entitled to a hearing within\nsixty days of such denial in the case of a new permit, or within fifteen\ndays in the case of a renewal or modification of an existing permit. The\nconduct of such hearing shall be governed by article seventy of this\nchapter and regulations promulgated thereunder.\n  6. It shall be a condition of any permit issued under title 7 of this\narticle for the treatment, storage or disposal of hazardous waste on the\npremises where such waste is generated that the permittee certify, in\nits annual report, that:\n  a. the generator has in place a program to reduce the volume or\nquantity and toxicity of hazardous wastes to the degree determined by\nthe generator to be economically practicable or, if a hazardous waste\nreduction plan is required by and reviewable under section 27-0908 of\nthis title, a program that meets the requirements of that section; and\n  b. the method of treatment, storage or disposal is that practicable\nmethod currently available to the generator which minimizes present and\nfuture threats to human health and the environment.\n