N.Y. PBA Law § 1285-U — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-U
Septic system replacement fund
Status: in_force

§ 1285-u. Septic system replacement fund. 1. Definitions. For purposes\nof this section:\n  (a) "Cesspool" means a drywell that receives untreated sanitary waste\ncontaining human excreta, which sometimes has an open bottom and/or\nperforated sides.\n  (b) "Fund" means the state septic system replacement fund created by\nthis section.\n  (c) "Enhanced septic system project" means an onsite decentralized\nwastewater treatment system(s) that (i) at a minimum, is designed to\nreduce total nitrogen in treated effluent to 19 mg/l or (ii)\nsignificantly and quantifiably reduces environmental and/or public\nhealth impacts associated with phosphorous or per- and polyfluoroalkyl\nsubstances and associated compounds in effluent from a cesspool or\nseptic system.\n  (d) "Participating county" means a county that notifies the\ncorporation that it seeks authority to administer a septic system\nreplacement program within its municipal boundaries and agrees to abide\nby the program's goals, guidelines, eligibility requirements and\nreimbursement procedures and provide information to property owners\nregarding program parameters including eligibility criteria.\n  (e) "Septic system" means a system that provides for the treatment\nand/or disposition of the combination of human and sanitary waste with\nwater not exceeding one thousand gallons per day, serving a single\nparcel of land, including residences and small businesses.\n  (f) "Septic system project" means the replacement of a cesspool with a\nseptic system, the installation, replacement or upgrade of a septic\nsystem or septic system components, or installation of enhanced\ntreatment technologies, including an advanced nitrogen removal system,\nto significantly and quantifiably reduce environmental and/or public\nhealth impacts associated with effluent from a cesspool or septic system\nto groundwater used as drinking water, or a threatened or an impaired\nwaterbody.\n  (g) "Small business" means any business which is resident in this\nstate, independently owned and operated, not dominant in its field, and\nemploying not more than one hundred individuals.\n  2. (a) There is hereby created the state septic system replacement\nfund, which shall be administered by the corporation to reimburse\nproperty owners or at the written request of a property owner, the\nseptic system installer contracted by the property owner, for up to (i)\nfifty percent of the eligible costs incurred for eligible septic system\nprojects, provided that no property owner shall be reimbursed more than\nten thousand dollars and no septic system installer may be reimbursed\nmore than ten thousand dollars per property for such projects; or (ii)\nseventy-five percent of the eligible costs incurred for enhanced septic\nsystem projects, provided that no property owner shall be reimbursed\nmore than twenty-five thousand dollars and no enhanced septic system\ninstaller may be reimbursed more than twenty-five thousand dollars per\nproperty for such projects.\n  (b) Eligible costs include design and installation costs, and costs of\nthe system, system components, or enhanced treatment technologies, but\nshall not include costs associated with routine maintenance such as a\npump out of a septic tank.\n  (c) The department of environmental conservation, in consultation with\nthe department of health and participating counties, shall from the list\nof participating counties establish priority geographic areas and, in\nthe absence of county information, identify eligible septic system\nprojects, based on an area's vulnerability to contamination, including\nthe presence of a sole source aquifer, or known water quality\nimpairment, population density, soils, hydrogeology, climate, and\nreasonable ability for septic system projects to mitigate water quality\nimpacts. The department of environmental conservation may delegate to a\nparticipating county the identification of priority geographic areas.\nThe department of environmental conservation, in consultation with\nparticipating counties in which priority areas have been identified,\nshall determine the amount of money from the fund to be provided to each\nparticipating county based on density, demand for reimbursement from the\nfund and the criteria used to establish the priority geographic areas.\nThe corporation shall publish information, application forms, procedures\nand guidelines relating to the program on its website and in a manner\nthat is accessible to the public.\n  (d) The corporation shall provide state financial assistance payments\nfrom the fund, from moneys appropriated by the legislature and available\nfor that purpose, to participating counties to administer a septic\nsystem replacement program to support septic system projects within\ntheir municipal boundaries undertaken by property owners within their\nmunicipal boundaries. Where such project is located in a priority\ngeographic area identified by the department of environmental\nconservation as threatened or impaired by nitrogen, including\ngroundwater used as drinking water, such septic system project must\nreduce nitrogen levels by at least thirty percent.\n  (e) The corporation shall make payments monthly to a participating\ncounty upon the receipt by the corporation of a certification from the\nparticipating county of the total costs incurred by property owners\nwithin its municipal boundaries for septic system projects within its\nmunicipal boundaries that are eligible for reimbursement from the fund.\n  3. (a) A participating county shall notify property owners who may be\neligible to participate in the program. Determinations of eligibility\nwill be made by the participating county based on the published program\ncriteria and consideration of a property's location in relation to a\nwaterbody, impacts to groundwater used as drinking water, and the\ncondition of the property owner's current septic system as determined\nby:\n  (i) the county health department official; or\n  (ii) other designated authority having jurisdiction, pursuant to\nseptic inspections required by a municipal separate storm sewer system\npermit; or\n  (iii) a septic contractor pursuant to the applicable county sanitary\ncode provided, however, in cases where a property owner has authorized\nin writing such contractor to receive reimbursement directly, additional\nverification shall be required.\n  (b) An owner of property served by a septic system or cesspool may\napply to a participating county on an application substantially in the\nform provided by the corporation.\n  (c) Property owners in participating counties must have signed a\nproperty owner participation agreement with the county before the start\nof the design phase to be eligible for reimbursement from the fund. The\nagreement must be substantially in the form provided by the corporation\nand include, without limitation, the program's goals, guidelines,\neligibility requirements and reimbursement procedures.\n  (d) A property owner may apply for reimbursement of eligible costs by\nsubmitting to the participating county a reimbursement application,\nwhich must include at least:\n  (i) a signed property owner participation agreement;\n  (ii) a completed reimbursement application form substantially in the\nform provided by the corporation;\n  (iii) any applicable design approval for the septic system project;\n  (iv) description of all work completed;\n  (v) cost documentation and invoice or invoices for eligible costs; and\n  (vi) any written authorization for a septic system installer to\nreceive reimbursement directly.\n  (e) Participating counties will be responsible for reviewing their\nproperty owners' applications and approving, modifying or denying the\nreimbursement requests as appropriate and issuing reimbursement payments\nto property owners from financial assistance payments made to the county\nfrom the fund.\n  (f) Participation in this program and the receipt of payments shall\nnot prevent participating counties from providing additional\nreimbursement to property owners.\n  (g) Subject to the limitations of paragraph (d) of this subdivision,\nthe county may set graduated incentive reimbursement rates for septic\nsystem projects to maximize pollution reduction outcomes.\n  4. On or before March first, two thousand nineteen, and annually\nthereafter, the corporation shall submit to the governor, the temporary\npresident of the senate and the speaker of the assembly a report\nregarding the program. Such report shall include, but shall not be\nlimited to, the number and amount of grants provided, the number and\namount of any grants denied, geographic distribution of such projects\nand any other information the corporation determines useful in\nevaluating the benefits of the program.\n
N.Y. PBA Law § 1974-D — New York Code / Act PBA / Article 8 / Title 12 / Section 1974-D
Contracts
Status: in_force

§ 1974-d. Contracts. In connection with development, construction,\noperations and maintenance contracts for projects of the authority,\nminority and women-owned business enterprises and minority group members\nand women shall be given the opportunity for meaningful participation.\nThe authority shall establish measures and procedures to secure\nmeaningful participation by minority and women-owned business\nenterprises on contracts for projects of the authority. Such measures\nand procedures shall also promote the employment of minority group\nmembers and women on such contracts. For the purposes thereof, "minority\nbusiness enterprise" shall mean any business enterprise which is at\nleast fifty-one per centum owned by, or in the case of a publicly owned\nbusiness, at least fifty-one per centum of the stock of which is owned\nby citizens or permanent resident noncitizens who are Black, Hispanic,\nAsian or American Indian, and such ownership interest is real,\nsubstantial and continuing and "women-owned business enterprise" shall\nmean any business enterprise which is at least fifty-one per centum\nowned by, or in the case of a publicly owned business, at least\nfifty-one percent of the stock of which is owned by citizens or\npermanent resident noncitizens who are women and such ownership interest\nis real, substantial and continuing. The provisions of this section\nshall not be construed to limit the ability of any minority or\nwomen-owned business enterprise to bid on any contract. In order to\nimplement the requirements and objectives of this section in connection\nwith such projects, the authority shall be responsible for monitoring\ncompliance with the provisions hereof, providing advice on the\navailability of competitive qualified minority and women-owned business\nenterprises to perform contracts proposed to be awarded, and making\nrecommendations to improve the access of minority and women-owned\nbusiness enterprises to these contracts.\n
N.Y. ENV Law § 33-1203 — New York Code / Act ENV / Article 33 / Title 12 / Section 33-1203
Access to pesticide information
Status: in_force

§ 33-1203. Access to pesticide information.\n  1. a. The commissioner shall, upon written request of an interested\nparty, in printed or electronic form, as requested by such party provide\nthe information on pesticides submitted to the department pursuant to\nsections 33-1205 and 33-1207 of this title. Such information shall be\nprovided by county or counties, or five-digit zip code or codes as\nselected by the interested party making the written request. Pesticide\ndata shall be provided by EPA registration number, product name and\nactive ingredient. The commissioner shall not provide the name, address,\nor any other information which would otherwise identify a commercial or\nprivate applicator, or any person who sells or offers for sale\nrestricted use or general use pesticides to a private applicator, or any\nperson who received the services of a commercial applicator. In\naccordance with article six of the public officers law, proprietary\ninformation contained within such record, including price charged per\nproduct, shall not be disclosed. The provisions of this paragraph shall\nnot apply to the provision of pesticide data to the commissioner of\nhealth, the health research science board and researchers pursuant to\ntitle one-B of article twenty-four of the public health law.\n  b. The department shall, upon request from the department of health,\ncompile pesticide application information by nine-digit zip code and\nprovide the information to the commissioner of health for researchers\nentitled to receive information pursuant to paragraph (d) of subdivision\none of section twenty-four hundred eleven of the public health law\nprovided, however, if the nine-digit zip code cannot be determined, the\ninformation shall be compiled by town or city.\n  2. The fees for copies of information shall not exceed twenty-five\ncents per photocopy not in excess of nine inches by fourteen inches, or\nthe actual cost of reproducing any information.\n
N.Y. PBA Law § 1285-T — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-T
Water infrastructure emergency financial assistance
Status: in_force

§ 1285-t. Water infrastructure emergency financial assistance. 1. For\npurposes of this section, "municipality" means any county, city, town,\nvillage, district corporation, county or town improvement district,\nschool district, Indian nation or tribe recognized by the state or the\nUnited States with a reservation wholly or partly within the boundaries\nof New York state, any public benefit corporation or public authority\nestablished pursuant to the laws of New York or any agency of New York\nstate which is empowered to construct and operate a wastewater or\ndrinking water infrastructure project, or any two or more of the\nforegoing which are acting jointly in connection with such a project.\n  2. Upon a municipality's formal declaration of an emergency, the\nmunicipality shall provide the department of environmental conservation\nor the department of health, as appropriate, with information to assess\nany situation in which the state of the municipality's wastewater or\nwater infrastructure is causing or may cause an imminent hazard to the\npublic health or welfare, or the environment. After its assessment, if\neither department determines the state of the infrastructure is\nresulting or may result in imminent hazard to the public health or\nwelfare, or to the environment, the corporation shall provide temporary\nemergency assistance, within amounts appropriated, to the municipality\nin an amount not to exceed reasonable costs for infrastructure\nconstruction, replacement, or repair, and related engineering costs,\nthat is immediately necessary to eliminate or substantially reduce such\nhazard.\n  3. The corporation and the municipality shall enter into an agreement\nsigned by an officer duly authorized by the governing body of the\nmunicipality pursuant to which the corporation shall transmit emergency\nfinancial assistance in an amount determined by the department of\nenvironmental conservation or the department of health, as applicable,\nas necessary to address the imminent hazard, and shall provide the\nassistance payment to the municipality within two business days of\nreceipt of such determination. The municipality shall submit an itemized\ncost estimate from the municipality's engineer or engineering consultant\nto the applicable department sufficient to make such determination.\n  4. No later than fourteen days after the cessation of the emergency,\nthe municipality shall provide to the corporation documentation for all\ncosts paid with the emergency assistance and refund to the corporation\nany portion of the financial assistance not used or committed to pay for\nthe construction, replacement, or repair and related engineering costs\ndetermined to be necessary under subdivision one of this section.\n  5. Subject to appropriation or duly authorized indebtedness, the\nmunicipality shall repay the corporation within one year of its receipt\nof emergency financial assistance the full amount of such assistance\nprovided to it under this section. The corporation may extend the time\nto repay for up to one additional year if the corporation determines in\nits sole discretion that such an extension is warranted under the\ncircumstances.\n  6. Nothing in this section nullifies the eligibility of a municipality\nfor other infrastructure funding, including grant, which may be provided\nby the state for water infrastructure directly related to the\ninfrastructure for which emergency financial assistance is awarded under\nthis section, including funding the municipality could use to repay the\nemergency financial assistance. If the municipality receives such other\nfunding from the state or any financial assistance from a third party\nfor the same infrastructure, the municipality shall within ten days\nfirst repay the corporation the outstanding balance of the emergency\nfinancial assistance before paying any remaining costs for the water\ninfrastructure.\n
N.Y. PBA Law § 1982 — New York Code / Act PBA / Article 8 / Title 12 / Section 1982
Tax contract by the state
Status: in_force

§ 1982. Tax contract by the state. The state of New York covenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds and notes issued by the authority pursuant to this title, in\nconsideration of the acceptance of and payments for the bonds and notes,\nthat the bonds and notes of the authority issued pursuant to this title\nand the income therefrom, and all moneys, funds and revenues pledged to\npay or secure the payment of such bonds and notes, shall at all times be\nfree from taxation except for transfer and estate taxes.\n
N.Y. PBA Law § 1293 — New York Code / Act PBA / Article 5 / Title 12 / Section 1293
Right of state to require redemption of bonds
Status: in_force

§ 1293. Right of state to require redemption of bonds. Notwithstanding\nand in addition to any provisions for the redemption of bonds which may\nbe contained in any contract with the holders of the bonds, the state\nmay, upon furnishing sufficient funds therefor, require the corporation\nto redeem, prior to maturity, as a whole, any issue of bonds on any\ninterest payment date not less than twenty years after the date of the\nbonds of such issue at one hundred five per centum of their face value\nand accrued interest or at such lower redemption price as may be\nprovided in the bonds in case of the redemption thereof as a whole on\nthe redemption date. Notice of such redemption shall be published in at\nleast two newspapers publishing and circulating respectively in the\ncities of Albany and New York at least twice, the first publication to\nbe at least thirty days before the date of redemption. The provisions of\nthis section relating to the state's right to require redemption of\nbonds shall not apply to state-supported debt, as defined by section\nsixty-seven-a of the state finance law, issued by the corporation. Such\ncorporation bonds shall remain subject to redemption pursuant to any\ncontract with the holders of such bonds.\n
N.Y. RSS Law § 115 — New York Code / Act RSS / Article 2 / Title 12 / Section 115
Teachers employed in institutions for the deaf, mute and blind
Status: in_force

§ 115. Teachers employed in institutions for the deaf, mute and blind.\nNotwithstanding the provisions of sections six and seven of chapter five\nhundred and sixty-eight of the laws of nineteen hundred twenty-one, the\nprovisions of chapter four hundred and forty-one of the laws of nineteen\nhundred ten and of chapter six hundred and fourteen of the laws of\nnineteen hundred fifteen, so far as the same shall relate to the\nretirement of teachers employed in institutions for the deaf and mute\nand the blind, receiving state pupils whose instruction and support are\npaid for by the state, the procedure for the retirement of such\nteachers, the amount of allowances to be paid to them on retirement and\nthe time and manner of payment of such allowances, shall continue in\nfull force and effect until such teachers are transferred to some other\nretirement system and provision is made for their retirement and the\npayment of allowances to them.\n
N.Y. RSS Law § 117 — New York Code / Act RSS / Article 2 / Title 12 / Section 117
Legislative intent
Status: in_force

§ 117. Legislative intent. In so far as this article, as added by\nchapter eight hundred forty-one of the laws of nineteen hundred\nforty-seven, as amended by chapter five hundred three of the laws of\nnineteen hundred forty-eight, as amended by chapter six hundred\nforty-eight of the laws of nineteen hundred forty-nine, or as amended by\nthis act relates to rights to membership in or to rights or benefits of\nmembers of the retirement system, it is the intent of the legislature to\ncodify the provisions of former articles four and five of the civil\nservice law which relate thereto and which were in effect immediately\nprior thereto. No diminution or impairment, within the provisions of\narticle five, section seven of the state constitution, and no increase\nof such rights or benefits is intended to be effectuated by this article\nas so added or amended. If, in codifying the provisions of such former\narticles four and five, this article as so added or amended:\n  1. Omits any provision of such articles which is not obsolete, has not\nexpired, or has not been superseded or specifically or impliedly\nrepealed, or\n  2. Incorporates any provision of such articles which has been\nsuperseded or specifically or impliedly repealed, or\n  3. Incorporates any new provision which is not, in effect, a revision,\nconsolidation, codification, continuance or restatement of provisions of\nsuch articles or of other applicable provisions of law,\nrelative to rights to membership in or to rights or benefits of members\nof the retirement system, such omission or incorporation shall be deemed\nan inadvertence or error. The right to rectify any such inadvertence or\nerror at any time is hereby reserved.\n
N.Y. RSS Law § 118 — New York Code / Act RSS / Article 2 / Title 12 / Section 118
References in laws and documents
Status: in_force

§ 118. References in laws and documents.  Reference in any general,\nspecial or local law, rule, regulation or public document to an existing\narticle, section, subdivision or other provision of article four or\narticle five of the civil service law, as in force immediately prior to\nJuly first, nineteen hundred forty-eight, or July first, nineteen\nhundred fifty-six, shall be deemed and construed to refer to the\ncorresponding section, subdivision or other provision of this article,\nas added by chapter eight hundred forty-one of the laws of nineteen\nhundred forty-seven, or as amended or supplemented thereafter, or\namended by this act, as the case may be.\n
N.Y. SOS Law § 370-C — New York Code / Act SOS / Article 5 / Title 12-A / Section 370-C
Supports and services for youth suffering from adverse childhood experiences
Status: in_force

§ 370-c. Supports and services for youth suffering from adverse\nchildhood experiences. 1. Youth suffering from or at risk of adverse\nchildhood experiences, as defined in paragraph (c) of subdivision one of\nsection twenty-d of this chapter, may be eligible for a range of\nappropriate services and supports that enhance protective factors, or\nare culturally competent, evidence based and trauma informed and\nbeneficial to the overall health and well-being of the youth, including\nbut not necessarily limited to available: (i) appropriate health and\nbehavioral health services provided to youth who are otherwise eligible\nunder subdivision seven of section twenty-five hundred ten of the public\nhealth law and subdivision two of section three hundred sixty-five-a of\nthis article; (ii) preventive services provided to youth who are\notherwise eligible pursuant to section four hundred nine-a of this\narticle; (iii) services provided to youth who are otherwise eligible\npursuant to subdivision two of section four hundred fifty-eight-m of\nthis chapter; or (iv) to the extent funds are specifically appropriated\ntherefor, any other services necessary to serve youth suffering from\nadverse childhood experiences.\n  2. The office of children and family services, in consultation with\nthe office of temporary and disability assistance, the office of mental\nhealth, the office of addiction services and supports, the department of\nhealth and not-for-profit organizations that have expertise providing\nservices to individuals suffering from adverse childhood experiences,\nshall develop or utilize existing educational materials to be used to\neducate parents, guardians and other authorized individuals about\nadverse childhood experiences including the environmental events that\nmay impact or lead to adverse childhood experiences, the importance of\nprotective factors and the availability of services for children at risk\nof or suffering from adverse childhood experiences. Such information\nshall be made available electronically and shall be posted on each\nagency's website.\n
N.Y. PBA Law § 1977-B — New York Code / Act PBA / Article 8 / Title 12 / Section 1977-B
Reserve funds and appropriations
Status: in_force

§ 1977-b. Reserve funds and appropriations. 1. In addition to setting\naside of such other reserves or sinking funds as it shall deem advisable\nand necessary, and the regulation and disposition thereof, the authority\nshall create and establish a special fund to be known as and hereinafter\ncalled the "Battery Park project area capital reserve fund" and shall\npay into such fund (a) any moneys appropriated and made available by the\nstate only for the purposes of such fund, (b) any proceeds of sale of\nany bonds issued to finance the Battery Park project area to the extent\nprovided in the resolution of the authority authorizing the issuance\nthereof, (c) any funds directed to be transferred by the authority to\nsuch fund, and (d) any other moneys made available to the authority only\nfor the purposes of such fund from any other source or sources. The\nmoneys held in or credited to such capital reserve fund, except as\nhereinafter provided, shall be used solely for the payment of the\nprincipal of such bonds or of the sinking fund payments hereinafter\nmentioned with respect to such bonds, the purchase or redemption of such\nbonds, the payment of interest on such bonds, or the payment of any\nredemption premium required to be paid when any of such bonds are\nredeemed prior to maturity; provided, however, that moneys in such fund\nshall not be withdrawn therefrom at any time in such amount as would\nreduce the amount of such fund to less than the amount of the Battery\nPark project area capital reserve fund requirement hereinbelow referred\nto, except for the purpose of making with respect to such bonds payment,\nwhen due, of principal, interest and the sinking fund payments\nhereinafter mentioned for the payment of which other moneys of the\nauthority are not available. Moneys in such capital reserve fund not\nrequired for immediate use or disbursement may be invested in\nobligations of the state or the United States of America or obligations\nthe principal and interest of which are guaranteed by the state or the\nUnited States of America or obligations of agencies of the United States\nof America which may from time to time be legally purchased by savings\nbanks of the state as investment of funds belonging to them or in their\ncontrol. In computing the amount of such capital reserve fund for the\npurposes of this section, securities in which all or a portion of such\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 any of such bonds at any time secured\nby such capital reserve fund if the amount in such capital reserve fund\nat the time of issuance does not equal or exceed the amount of said\ncapital reserve fund requirement unless the authority at the time of\nissuance of such bonds shall deposit in such fund from the proceeds of\nsuch bonds or other sources an amount which together with the amount\nthen in such fund will not be less than the amount of said capital\nreserve fund requirement.\n  3. In order to assure the continued operation and solvency of the\nauthority for the fulfillment of its corporate purposes with respect to\nthe Battery Park project area, the chairman of the authority shall\nannually, on or before December first, make and deliver to the governor\nand director of the budget his certificate stating the sum, if any,\nrequired to restore such capital reserve fund to the amount as of the\nparticular date of computation equal to the greatest (herein sometimes\ncalled the "Battery Park project area capital reserve fund requirement")\nof the respective amounts for the then current or any future fiscal year\nof the authority, of annual debt service with respect to such bonds,\nsuch annual debt service for any fiscal year being the amount of money\nequal to the aggregate of (a) all interest payable during such fiscal\nyear on all such bonds outstanding on said date of computation, plus (b)\nthe principal amount of all such bonds outstanding on said date of\ncomputation which mature during such fiscal year, plus (c) all amounts\nspecified in any resolution of the authority authorizing any of such\nbonds as payable during such fiscal year as a sinking fund payment with\nrespect to any of such bonds which mature after such fiscal year, all\ncalculated on the assumption that bonds will after said date of\ncomputation cease to be outstanding by reason, but only by reason, of\nthe payment of bonds when due and the payment when due and application\nin accordance with the resolution authorizing those bonds of all of such\nsinking fund payments payable at or after said date of computation; and\nthere shall be annually apportioned and paid to the authority for\ndeposit in such capital reserve fund the sums so certified by the\nchairman of the authority.  All sums so apportioned and paid shall be\ndeposited by the authority in such capital reserve fund. The principal\namount of bonds secured by such capital reserve fund to which state\nfunds are apportionable pursuant to this subdivision shall be limited to\nthe total amount of bonds and notes outstanding on the effective date of\nthis act, plus the total amount of bonds and notes contracted after the\neffective date of this act to finance projects in progress on the\neffective date of this act as determined by the New York state public\nauthorities control board created pursuant to section fifty of this\nchapter whose affirmative determination shall be conclusive as to all\nmatters of law and fact solely for the purposes of the limitations\ncontained in this subdivision, but in no event shall the total amount of\nbonds so secured by such a capital reserve fund or funds exceed two\nhundred million dollars, excluding bonds issued to refund such\noutstanding bonds until the date of redemption of such outstanding\nbonds. As outstanding bonds so secured are paid, the amount so secured\nshall be reduced accordingly but the redemption of such outstanding\nbonds from the proceeds of refunding bonds shall not reduce the amount\nso 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 the capital reserve\nfund requirement and operating expenses.\n  5. As used in this section, (a) the term "operating expenses" for the\nfiscal year shall mean ordinary expenditures for operation and\nadministration of the authority; and (b) the term "available operating\nrevenues" for the fiscal year shall mean all amounts received on account\nof rentals and fees charged by the authority, if any, and income or\ninterest earned or added to funds of the authority due to the investment\nthereof, and not required under the terms or provisions of any convenant\nor agreement with holders of any bonds or notes of the authority to be\napplied to any purposes other than payment of expenses of the authority.\n  6. This section is applicable only to the Battery Park project area\ncapital reserve fund.\n
N.Y. RSS Law § 116 — New York Code / Act RSS / Article 2 / Title 12 / Section 116
Certain pensions continued
Status: in_force

§ 116. Certain pensions continued.  The pensions of all pensioners\ndrawing pensions under the provisions of any law repealed by chapter\nfive hundred and sixty-eight of the laws of nineteen hundred twenty-one,\non June thirtieth of the year in which such law was repealed, shall be\ncontinued and paid out of any funds accumulated under such law and not\nreturned to employees.  The amount required in addition to continue the\npensions of such pensioners shall be paid by the state of New York by\nannual appropriations made therefor from the general fund.\n
N.Y. LFN Law § 164.00 — New York Code / Act LFN / Article 2 / Title 12 / Section 164.00
Reissuance of lost, destroyed, partially destroyed or defaced obligations
Status: in_force

§ 164.00 Reissuance of lost, destroyed, partially destroyed or defaced\nobligations. a. The finance board may issue a new bond, note or coupon\nto replace one lost, destroyed, partially destroyed or defaced.\nHowever, the finance board may, by resolution, delegate such power to\nthe chief fiscal officer or the fiscal agent, as the term "fiscal agent"\nis defined in paragraph a of section 70.00 of this chapter, in which\nevent the chief fiscal officer or the fiscal agent, as the case may be,\nshall exercise such power until the finance board, by resolution, shall\nelect to reassume the same. Notwithstanding the foregoing, in the case\nof the city of New York, if the finance board has, by resolution,\ndelegated such power to the chief fiscal officer, the chief fiscal\nofficer may delegate such power to the fiscal agent, in which event the\nfiscal agent shall exercise such power until the chief fiscal officer\nshall elect to reassume the same.\n  b. If the bond, note or coupon is claimed to be lost or destroyed, the\nowner shall furnish:\n  1. Proof of ownership.\n  2. Proof of loss or destruction.\n  3. In the case of a coupon, and in the case of a bond or note if such\nbond or note was payable to bearer, security to be approved by the\nfinance board, chief fiscal officer or fiscal agent, as the case may be,\nsufficient to indemnify the municipality, school district or district\ncorporation against any loss or damage that may be incurred by it on\naccount of the bond, note or coupon so claimed to be lost or destroyed.\nSuch security, when the approval of the finance board, chief fiscal\nofficer or fiscal agent, as the case may be, has been indicated thereon,\nshall be filed in the office of the clerk or similar officer of the\nmunicipality, school district or district corporation.\n  4. Payment of the cost of preparing and issuing the new bond, note or\ncoupon.\n  c. If the bond, note or coupon is defaced or partially destroyed, the\nowner shall surrender such bond, note or coupon and pay the cost of\npreparing and issuing the new bond, note or coupon.\n  d. The new bond, note or coupon shall be of substantially the same\nform and tenor as the one originally issued, except that it shall be\nsigned either by (i) the manual or facsimile signature of the\nappropriate person or persons in office at the time of the reissuance,\nor (ii) the facsimile signature of the appropriate person or persons in\noffice at the time of the original issuance or any time between original\nissuance and reissuance. The new bond or note shall be authenticated in\nthe manner provided in section 61.00 of this chapter. If the bond, note\nor coupon is issued in the place of one claimed to be lost or destroyed,\nit shall in addition state upon the back thereof that it is issued in\nthe place of such bond, note or coupon claimed to have been lost or\ndestroyed, and, where applicable, that adequate security for its payment\nin full at maturity is filed with the municipality, school district or\ndistrict corporation. The fiscal agent shall make an appropriate entry\nin his records of any new bond, note or coupon issued pursuant to this\nsection.\n  e. If the finance board, chief fiscal officer or fiscal agent, as the\ncase may be, shall refuse to issue a new bond, note or coupon in the\nplace of one claimed to be lost or destroyed, the owner may petition the\nsupreme court in the district where the municipality, school district or\ndistrict corporation is situated, and after hearing the allegations and\nproofs the court may order the issuance of such new bond, note or coupon\nupon the payment of the cost of the preparation and issuance thereof and\nthe furnishing by the owner to the municipality, school district or\ndistrict corporation of such security as the court may direct.\n
N.Y. SOS Law § 370-A — New York Code / Act SOS / Article 5 / Title 12 / Section 370-A
Federal grants
Status: in_force

§ 370-a.  Federal grants. 1.  The department of taxation and finance\nis authorized to accept and receive from the federal government any\nmoneys which the federal government shall offer to the state for or with\nrespect to the construction, maintenance or operation of centers for\nsenior citizens or for or with respect to the provision of services for\nsenior citizens, under or pursuant to any federal law heretofore or\nhereafter enacted authorizing grants to the state for such purpose or\nsimilar purposes, including payments to political subdivisions of, and\nany public agencies in the state.\n  2.  The department of social services is hereby designated and\nempowered to act as the agent of the state in carrying out the\nprovisions of any such federal law with respect to such centers and\nservices for senior citizens in this state.\n  3.  Any and all such grants and moneys awarded for assistance to this\nstate under or pursuant to any federal law shall be accepted and\nreceived by the department of taxation and finance as custodian thereof\nand such moneys, so received, shall be deposited by such department of\ntaxation and finance in a special fund or funds and shall be used\nexclusively for the purposes of any such federal law.  Such moneys shall\nbe paid from such fund or funds on the audit and warrant of the\ncomptroller upon vouchers certified or approved by the commissioner of\nsocial services.\n  4.  Any federal funds available to the state for such centers and\nservices for senior citizens shall be retained by the state.\n
N.Y. PBA Law § 1292 — New York Code / Act PBA / Article 5 / Title 12 / Section 1292
Agreement of the state
Status: in_force

§ 1292. Agreement of the state. The state does hereby pledge to and\nagree with the holders of any notes or bonds issued under this title,\nthat the state will not limit or alter the rights hereby vested in the\ncorporation to fulfill the terms of any agreements made with the holders\nthereof, or in any way impair the rights and remedies of such holders\nuntil such notes or bonds, together with the interest thereon, with\ninterest on any unpaid installments of interest, and all costs and\nexpenses for which the corporation is liable in connection with any\naction or proceeding by or on behalf of such holders, are fully met and\ndischarged. The corporation is authorized to include this pledge and\nagreement of the state in any agreement with the holders of such notes\nor bonds.\n
N.Y. PBA Law § 1974 — New York Code / Act PBA / Article 8 / Title 12 / Section 1974
Powers of the authority
Status: in_force

§ 1974. Powers of the authority. The authority shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, lease, hold, mortgage and dispose of real property and\npersonal property or any interest therein for its corporate purposes;\n  4. To acquire, construct, improve, enlarge, operate and maintain a\nproject within the project area as defined herein and all other\nstructures, appurtenances and facilities necessary or convenient in\nconnection therewith, provided, however, that all contracts for\nconstruction let by the authority shall be let in conformity with the\nprovisions of section one hundred thirty-five of the state finance law,\nexcept that contracts for construction let by subsidiaries of the\nauthority shall be governed instead by the applicable provisions of the\nprivate housing finance law;\n  5. To appoint officers, agents and employees, prescribe their\nqualifications and duties and fix their compensation;\n  6. To make by-laws for the management and regulation of its affairs,\nand, subject to agreements with bondholders, for the regulation of the\nprojects;\n  7. With the consent of the city to use agents, employees and\nfacilities of the city, paying to the city its agreed proportion of the\ncompensation or cost;\n  8. To make contracts and to execute all necessary or convenient\ninstruments, including leases and subleases, evidences of indebtedness,\nnegotiable or non-negotiable;\n  9. To engage the services of consultants on a contract basis for\nrendering professional and technical assistance and advice;\n  10. To accept grants, loans or contributions from the United States,\nor the state or the city, or any agency or instrumentality of any of\nthem, or from any other source and to expend the proceeds for any\ncorporate purpose;\n  11. To fix, establish and collect rates, rentals, fees and other\ncharges for the use of the project, subject to and in accordance with\nsuch agreements with bondholders and noteholders as may be made as\nhereinafter provided;\n  12. To create subsidiaries pursuant to section nineteen hundred\nseventy-four-a of this title;\n  13. To lend or donate monies, whether secured or unsecured, to any\nsubsidiary, and to purchase, sell or pledge the shares, bonds or other\nobligations or securities thereof, on such terms and conditions as the\nauthority may deem advisable;\n  14. To make loans secured by a first mortgage, and to make temporary\nloans or advances, to any housing company organized to provide housing\nwithin the Battery Park city project area pursuant to and subject to the\nprovisions of article two, article four or article eleven of the private\nhousing finance law, including any subsidiary of the authority, and to\nundertake commitments therefor. Any such commitments or loans may\ncontain such terms and conditions not inconsistent with the provisions\nof this title as the authority may deem necessary or desirable to secure\nrepayment of its loan, the interest, if any, thereon and other charges\nin connection therewith;\n  15. Subject to the provisions of any contract with noteholders or\nbondholders, to sell, at public or private sale, any mortgage or other\nsecurity for a mortgage loan made by the authority;\n  16. In connection with the making of mortgage loans and commitments\ntherefor, to make, fix or establish and collect such fees and charges,\nincluding but not limited to reimbursement of all costs of financing by\nthe authority, service charges and insurance premiums, as the authority\nshall determine to be reasonable subject to the provisions of any\ncontract with noteholders or bondholders;\n  17. To procure or agree to the procurement of insurance or guarantees\nfrom the federal government of the payment of any bonds or notes,\nmortgages or any other evidences of indebtedness issued by the authority\nor its subsidiaries, including the power to pay premiums on any such\ninsurance;\n  18. Subject to the provisions of any contract with noteholders or\nbondholders, to consent to the modification, with respect to rate of\ninterest, time of payment of any installment of principal or interest,\nsecurity or any other term, of any mortgage, mortgage loan, mortgage\nloan commitment, contract or agreement of any kind to which the\nauthority is a party;\n  19. In connection with any property on which the authority has made a\nmortgage loan, to foreclose on any such property or commence any action\nto protect or enforce any right conferred upon the authority by any law,\nmortgage, contract or other agreement, and to bid for and purchase such\nproperty at any foreclosure or at any other sale, or acquire or take\npossession of any such property; and in such event the authority may\ncomplete, administer, pay the principal of and interest on any\nobligations incurred in connection with such property, and dispose of,\nand otherwise deal with, such property, in such manner as may be\nnecessary or desirable to protect the interests of the authority\ntherein;\n  20. To manage any project, whether or not then owned or leased by the\nauthority, and to enter into agreements with the state or any\nmunicipality or any agency or instrumentality thereof, or with any\nperson, firm, partnership or corporation, either public or private, for\nthe purpose of causing any project to be managed;\n  21. To procure insurance against any loss in connection with its\nproperty and other assets and operations in such amounts and from such\ninsurers as it deems desirable;\n  22. Notwithstanding the provisions of this title or of any other law,\ngeneral, special or local, whenever the authority shall find that the\nmaximum rentals charged tenants of the dwellings in any project financed\nby the authority in whole or in part shall not be sufficient, together\nwith all other income of the mortgagor, to meet within reasonable limits\nall necessary payments to be made by the mortgagor of all expenses\nincluding fixed charges, sinking funds, reserves and dividends, to\nrequest the mortgagor to make application to vary the rental rate for\nsuch dwellings so as to secure sufficient income, and upon failure of\nthe mortgagor to take such action within sixty days after receipt of\nwritten request from the authority to do so, to vary such rental rate by\naction of the authority.\n  23. To do all things necessary or convenient to carry out the powers\nexpressly given in this title.\n  24. To borrow money and issue negotiable bonds, notes or other\nobligations and to provide for the rights of the holders thereof;\n  25. To carry out its powers and responsibilities with respect to the\nchapter of the laws of nineteen hundred ninety which enacted this\nsubdivision.\n
N.Y. PBA Law § 1984 — New York Code / Act PBA / Article 8 / Title 12 / Section 1984
Actions
Status: in_force

§ 1984. Actions. In any case founded upon tort a notice of claim shall\nbe required as a condition precedent to the commencement of an action or\nspecial proceeding against the authority or any officer, appointee or\nemployee thereof, and the provisions of section fifty-e of the general\nmunicipal law shall govern the giving of such notice. An action against\nthe authority for wrongful death shall be commenced in accordance with\nthe notice of claim and time limitation provisions of title eleven of\narticle nine of this chapter. Except in an action for wrongful death, an\naction against the authority for damages for injuries to real or\npersonal property, or for the destruction thereof, or for personal\ninjuries, alleged to have been sustained, shall not be commenced more\nthan one year and ninety days after the cause of action therefor shall\nhave accrued.\n
N.Y. ENV Law § 11-1209 — New York Code / Act ENV / Article 11 / Title 12 / Section 11-1209
Penalties
Status: in_force

§ 11-1209. Penalties.\n  1. Whoever shall hunt while his ability is impaired by the consumption\nof alcohol shall be guilty of a violation of law.\n  2. Whoever shall hunt while in an intoxicated condition or while his\nability to hunt is impaired by the use of a drug shall be guilty of a\nmisdemeanor, punishable by imprisonment in a penitentiary or county jail\nfor not more than one year, or by a fine of not more than five hundred\ndollars, or by both such fine and imprisonment.\n  3. Notwithstanding any provision in section 11-1205 of this title, the\ndepartment may revoke, for a period not exceeding two years, any or all\nlicenses, bowhunting privileges, muzzle-loading privileges, or permits\nto hunt of any person who violates any subdivision of section 11-1203 of\nthis title. Action by the department resulting in such revocation shall\nbecome effective only after a hearing held by the department upon notice\nto such person, at which proof of facts indicating the violation is\nestablished to the satisfaction of the commissioner, or of the hearing\nofficer and concurred in by the commissioner. A person whose license to\nhunt has been revoked as provided in this subdivision is ineligible for\nsuch license during the period determined by the department as provided\nin this section. No such person shall, during such period, procure any\nlicense for which he is ineligible. No person shall without license hunt\nor trap during any period in which the privilege to do so has been\ndenied him by the department as provided in this section. When the\ndepartment has revoked a license, or has denied to any person the\nability to obtain a license, it shall cause the fact of such revocation\nor denial, or both, as the case may be, and the terms and extent\nthereof, to be entered in the minutes of the department, and shall\nforthwith send a written notice of its action as so entered in the\nminutes to the person affected, at his last known address, either by\nregistered or certified mail or by delivery personally by a\nrepresentative of the department. Within five days after service of such\nnotice, such person shall deliver to the department the license or\nlicenses revoked, together with any bowhunting privileges,\nmuzzle-loading privileges or tags issued in connection with them. If the\nlicense was one entitling the holder to the privilege of several\nlicenses, and the revocation concerned some but not all of such\nprivileges, any license, bowhunting privilege, muzzle-loading privilege\nor tag so delivered shall be returned by the department to the person to\nwhom it was issued, appropriately marked or stamped to show the extent\nto which it is revoked.\n  4. Violation of any subdivision of section 11-1203 of this title shall\nconstitute grounds for forfeiture pursuant to the provisions of and\nunder the procedures prescribed in subdivisions one, two, five, six and\nseven of section 71-0909 of this chapter.\n
N.Y. PBA Law § 1977 — New York Code / Act PBA / Article 8 / Title 12 / Section 1977
Notes of the authority
Status: in_force

§ 1977. Notes of the authority. The authority shall have power and is\nhereby authorized to issue negotiable bond anticipation notes in\nconformity with applicable provisions of the uniform commercial code and\nmay renew the same from time to time but the maximum maturity of such\nnotes, including renewals thereof, shall not exceed seven years from the\ndate of issue of such original note. Such notes shall be payable from\nany moneys of the authority available therefor and not otherwise pledged\nor from the proceeds of sale of the bonds of the authority in\nanticipation of which they were issued. The notes may be issued for any\ncorporate purpose of the authority. Whether or not the notes are of the\nform and character as to be negotiable instruments under article eight\nof the uniform commercial code, the notes shall be and are hereby made\nnegotiable instruments within the meaning of and for all the purposes of\narticle eight of the uniform commercial code, subject only to provisions\nof the notes for registration. The notes shall be issued in the same\nmanner as the bonds and such notes and the resolution or resolutions\nauthorizing the same may contain any provisions, conditions or\nlimitations which the bonds or a bond resolution of the authority may\ncontain. Such notes may be sold at public or private sale. The authority\nshall have power to make contracts for the future sale from time to time\nof the notes, pursuant to which the purchaser shall be committed to\npurchase the notes from time to time on terms and conditions stated in\nthe contracts, and the authority shall have power to pay such\nconsideration as it shall decree proper for such commitments. In case of\ndefault on its notes or violation of any obligations of the authority to\nthe noteholders, the noteholders shall have all the remedies provided\nherein for bondholders.  Such notes shall be as fully negotiable as the\nbonds of the authority.\n
N.Y. PBH Law § 1389-D — New York Code / Act PBH / Article 13 / Title 12-A / Section 1389-D
New use of sites
Status: in_force

§ 1389-d. New use of sites.  Subsequent to the adoption of regulations\nby the department of environmental conservation pursuant to section\n27-1317 of the environmental conservation law, no person may\nsubstantially change the manner in which an inactive hazardous waste\ndisposal site on the registry prepared and maintained by the department\nof environmental conservation pursuant to section 27-1305 of the\nenvironmental conservation law is used, without notifying the department\nand, pursuant to section 27-1317 of the environmental conservation law,\nthe department of environmental conservation. A substantial change of\nuse shall be defined in rules and regulations adopted by the department\nof environmental conservation and shall include, but not be limited to,\nthe erection of a building or other structure on such site, the paving\nof such site for use as a roadway or parking lot, and the creation of a\npark or other public or private recreational facility on such site. Such\nnotice shall be in writing, addressed to the commissioner and the\ncommissioner of environmental conservation and shall include a brief\ndescription of the proposed change of use. Such notice shall be\nsubmitted at least sixty days before any physical alteration of the land\nor construction shall occur or, in the event any alteration or\nconstruction is not required to initiate such change of use, at least\nsixty days before any change of use.\n  Subsequent to the adoption of regulations by the department of\nenvironmental conservation pursuant to section 27-1317 of the\nenvironmental conservation law, no person may substantially change the\nmanner in which an inactive hazardous waste disposal site, for which a\ndeclaration has been issued by the commissioner pursuant to subdivision\ntwo of section one thousand three hundred eighty-nine-b of this title,\nis used without the written approval of the commissioner. The\ncommissioner shall not approve such change of use if such new use will\nexpose persons to a significantly increased danger to life or health.\n
N.Y. PBA Law § 1285-B — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-B
Additional special powers of the corporation with respect to projects and persons
Status: in_force

§ 1285-b. Additional special powers of the corporation with respect to\nprojects and persons. In order to effectuate the purposes of this title,\nthe corporation shall have the following additional special powers; (1)\nto extend credit and make loans to a person or persons for the\nconstruction or acquisition of a project or for the reimbursement to a\nperson or persons for costs incurred in connection with a project\ncompleted or not completed at the time of such credit or loan, which\ncredits or loans may, but need not, be secured by mortgages, contracts\nor other instruments, upon such terms and conditions as the corporation\nshall determine reasonable in connection with such credits or loans, and\n(2) in the exercise of powers granted in this section in connection with\na project for a person or persons, to require the inclusion in any\ncontract, loan agreement or other instrument, of such provisions for the\nfinancing of such project and such other financial and other covenants\napplying to such person or persons, as the corporation may deem\nnecessary or desirable and to do all things and to execute all\ninstruments necessary and desirable in connection therewith. In\nconnection with the extension of any such credit or loan, the\ncorporation may fix and collect such fees and charges, including but not\nlimited to reimbursement of all costs of financing by the corporation as\nthe corporation shall determine to be reasonable. In connection with\nsuch extension of credit or loan to such person or persons for the\nconstruction or acquisition of a project as provided above, such person\nor persons shall submit to the corporation an application for the\nextension of credit or loan as set forth in the application. The\ncorporation may deny such application for any reason it deems\nappropriate in the public interest. The extension of any such credit or\nloan is subject to the ability of the corporation to secure the\nnecessary financing and subject to the obtaining by such person or\npersons of certification by the commissioner of environmental\nconservation that the project for which such credit or loan is extended\nis intended to meet or exceed applicable state environmental standards\nas set forth in law, rules and regulations.\n
N.Y. ENV Law § 33-1207 — New York Code / Act ENV / Article 33 / Title 12 / Section 33-1207
Recordkeeping and reporting by importers and manufacturers
Status: in_force

§ 33-1207. Recordkeeping and reporting by importers and manufacturers.\n  1. Each person manufacturing or compounding a registered restricted\nuse pesticide in this state, or importing or causing a registered\nrestricted use pesticide to be imported into this state for use,\ndistribution, or storage, shall maintain records of all sales within the\nstate during the preceding year of each restricted use pesticide product\nwhich he or she has imported, manufactured or compounded. The record of\neach restricted use pesticide product shall include:\n  a. EPA registration number;\n  b. container size; and\n  c. number of containers sold to New York purchasers.\n  2. Such records shall be maintained for a period of not less than\nthree years. All manufacturers and importers shall file an annual report\ncontaining such information with the department in an electronic format\ndeveloped or accepted by the department consistent with system file\nspecifications on or before February first for the prior calendar year.\n
N.Y. PBH Law § 1389-B — New York Code / Act PBH / Article 13 / Title 12-A / Section 1389-B
Powers of the commissioner
Status: in_force

§ 1389-b. Powers of the commissioner.  1. (a) The department shall be\nresponsible for assessing (i) serious health problems at and in the\nimmediate vicinity of inactive hazardous waste disposal sites and (ii)\nany health problems deemed by the department to be related to conditions\nat such sites.\n  (b) Section eight of the court of claims act or any other provision 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\ndischarge of the department's responsibility pursuant to this title;\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, their officers,\nemployees or agents, or for ownership or responsibility for the disposal\nof hazardous waste, including the cost of cleanup, pursuant to this\nsection or section 27-1313 of the environmental conservation law.\n  2. Whenever there is a condition dangerous to life or health resulting\nfrom an inactive hazardous waste disposal site, the commissioner shall\nimmediately declare the existence of such condition. After the issuance\nof any such declaration and throughout the time period during which such\na declaration is effective, the department shall be responsible for (a)\nmonitoring such inactive hazardous waste disposal sites, (b) approving\nproposed inactive hazardous waste disposal site remedial programs for\nsuch sites and (c) certifying the completion of inactive hazardous waste\ndisposal site remedial programs for such sites.\n  3. (a) Whenever the commissioner has issued such a declaration and\nthroughout the time period during which such a declaration is effective,\nthe commissioner may request the commissioner of environmental\nconservation pursuant to paragraph (b) of subdivision five of this\nsection and within the funds available to the department of\nenvironmental conservation to develop an inactive hazardous waste\ndisposal site remedial program for such site and/or, in addition to any\nother powers he may have, order the owner of such site and/or any person\nresponsible for the disposal of hazardous wastes at such site (i) to\ndevelop an inactive hazardous waste disposal site remedial program for\nsuch site subject to the approval of the department and (ii) to\nimplement such program within reasonable time limits specified in the\norder. Such order shall supersede any order issued by the commissioner\nof environmental conservation pursuant to section 27-1313 of the\nenvironmental conservation law.\n  (b) Whenever the commissioner has issued such a declaration and\nfurther finds that it would be prejudicial to the public interest to\ndelay action until an opportunity for a hearing can be provided pursuant\nto this title, the department may request, pursuant to paragraph c of\nsubdivision five of this section and within the funds available to the\ndepartment of environmental conservation, the department of\nenvironmental conservation to develop and implement an inactive\nhazardous waste disposal site remedial program for such site.  The\nfinding required pursuant to this paragraph may be made by the\ncommissioner on an ex parte basis subject to judicial review.\n  4. Any order issued pursuant to subdivision three of this section\nshall be issued only after notice and the opportunity for hearing is\nprovided to the persons who may be the subject of such order. The\ncommissioner shall determine which persons are responsible pursuant to\nsaid subdivision according to applicable principles of statutory or\ncommon law liability. Such persons shall be entitled to raise any\nstatutory or common law defenses at any such hearing and such defenses\nshall have the same force and effect at such hearings as they would have\nin a court of law. In the event a hearing is held, no order shall be\nissued by the commissioner under subdivision three of this section until\na final decision has been rendered. Any such order shall be reviewable\npursuant to article seventy-eight of the civil practice law and rules\nwithin thirty days after service of said order. The commissioner may\nrequest the participation of the attorney general in such hearings.\n  5. (a) Whenever a person ordered to eliminate a condition dangerous to\nlife or health has failed to do so within the time specified in the\norder, the department of environmental conservation shall develop and\nimplement or cause to be implemented, pursuant to a memorandum of\nunderstanding between the department and the department of environmental\nconservation, an inactive hazardous waste disposal site remedial program\nfor such site. The expense of developing and implementing such remedial\nprogram by the department, the department of environmental conservation\nor any other state agency shall be paid by the person to whom the order\nwas issued.\n  (b) In the event that the commissioner has issued a declaration that\nhazardous wastes at a site constitute a condition dangerous to life or\nhealth, but after a reasonable attempt to determine who may be\nresponsible is either unable to determine who may be responsible, or is\nunable to locate a person who may be responsible, the department of\nenvironmental conservation may develop and implement an inactive\nhazardous waste disposal site remedial program for such site. The\ncommissioner shall make every effort, in accordance with the\nrequirements for notice, hearing and review provided for in this title,\nto secure appropriate relief from the owner of such site and/or any\nperson responsible for the disposal of hazardous wastes at such site,\nincluding, but not limited to, development and implementation of an\ninactive hazardous waste disposal site remedial program, payment of the\ncost of such a program, recovery of any reasonable expenses incurred by\nthe state, money damages and penalties.\n  (c) Whenever the commissioner has made a declaration and finding\npursuant to paragraph (b) of subdivision three of this section the\ndepartment may request the department of environmental conservation to\ndevelop and implement an inactive hazardous waste disposal site remedial\nprogram to contain, alleviate or end the threat to life or health. The\ncommissioner shall make every effort, in accordance with the\nrequirements for notice, hearing and review provided for in this title,\nto secure appropriate relief from the owner or operator of such site and\nany person responsible for the disposal of hazardous wastes at such\nsite, including but not limited to, development and implementation of an\ninactive hazardous waste disposal site remedial program, payment of the\ncost of such a program, recovery of any reasonable expenses incurred by\nthe state, money damages and penalties.\n  6. Nothing contained within this section shall be construed as\nimpairing or in any manner affecting the right or jurisdiction of the\nattorney general to seek appropriate relief pursuant to his statutory or\ncommon law authority.\n  7. If the person failing to comply with such order to eliminate a\ncondition dangerous to life or health is a municipality, commission or\npolitical subdivision of the state, the comptroller shall, upon\ncertification by the department subject to the approval of the director\nof the division of the budget of the expense of any action taken by the\ndepartment, the department of environmental conservation or any other\nstate agency pursuant to subdivision five of this section and upon\nnotification to the affected person, deduct and withhold from the next\nsucceeding allotments, payments or apportionments of local assistance\naid, other than education aid, to such municipality, commission or\npolitical subdivision of the state an amount or amounts equal to the\namount expended by the department, the department of environmental\nconservation or any other state agency and not paid. Prior to such\napproval by the director of the division of the budget, the director\nshall (a) develop a schedule of deductions and withholdings that will\nensure the continuity of essential services by such municipality,\ncommission or political subdivision of the state and (b) give thirty\ndays written notice of such deductions and withholdings to the speaker\nand minority leader of the assembly, the majority and minority leaders\nof the senate and the chairmen and ranking minority members of the\nsenate finance committee and the assembly ways and means committee. Such\ndeductions or withholdings will in no case take effect before one full\nfiscal year of the affected person after the date of such approval by\nthe director of the division of the budget shall have elapsed. The\nstate, by virtue of such deductions or withholdings, shall not be\nobligated to pay any additional or increased allotments, payments or\napportionments of state aid. Allotments, payments or apportionments\nwithheld pursuant to this subdivision shall be credited to the general\nfund of the state.\n  8. Moneys for actions taken or to be taken by the department, the\ndepartment of environmental conservation or any other state agency in\nconnection with the elimination of conditions dangerous to life or\nhealth pursuant to subdivision five of this section, including any\ninspection or sampling of wastes, soils, air, surface water and\ngroundwater done upon behalf of a state agency whether or not such\naction is taken prior to the issuance of a declaration pursuant to\nsubdivision two of this section, shall be payable directly to such\nagencies from the hazardous waste remedial fund pursuant to section\nninety-seven-b of the state finance law.\n
N.Y. PBA Law § 1285-G — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-G
Industrial materials recycling program
Status: in_force

§ 1285-g. Industrial materials recycling program. 1. Applicability. It\nis the purpose of this section to establish a program within the\ncorporation to encourage the reduction, recovery and recycling of\nindustrial materials otherwise requiring disposal.\n  2. Definitions. When used in this section, unless another meaning\nclearly appears from its context:\n  a. "Hazardous waste" means a waste which appears on the list or\nsatisfied the criteria promulgated by the commissioner of environmental\nconservation pursuant to section 27-0903 of the environmental\nconservation law and until, but not after, the promulgation of such list\nand criteria means a waste or combination of wastes, which because of\nits quality, concentration, or physical, chemical or infectious\ncharacteristics may:\n  (i) cause, or significantly contribute to an increase in mortality or\nan increase in serious irreversible, or incapacitating reversible\nillness; or\n  (ii) pose a substantial present or potential hazard to human health or\nthe environment when improperly treated, stored, transported, disposed\nor otherwise managed.\n  b. "Industrial solid waste" means any garbage, refuse, sludge from a\nwaste treatment plant, or air pollution control facility, and other\ndiscarded material, including solid, liquid, semisolid, mining and\nagricultural operations as a result of a commercial or industrial\nprocess but does not include solid or dissolved material in domestic\nsewage, or solid or dissolved materials in irrigation return flows or\nindustrial discharges which are point sources subject to permits under\narticle seventeen of the environmental conservation law, or source,\nspecial nuclear or by-product material as defined in the Atomic Energy\nAct of 1954, as amended except as may be provided by existing agreements\nbetween the state of New York and the government of the United States.\n  c. "Industrial material" means hazardous waste and industrial solid\nwaste.\n  d. "Recovery and recycling" means any method or technique utilized to\nseparate, process, modify, convert, treat, or otherwise prepare\nindustrial materials so that component materials or substances may be\nused as raw materials or energy sources.\n  e. "Person" means an individual, trust, firm, joint stock company,\ncorporation (including a government corporation), partnership,\nassociation, state, municipality, commission, political subdivision of a\nstate, or any interstate body.\n  f. "Generator" means a person whose industrial activities produce\nindustrial material.\n  3. Industrial materials recycling program. a. The corporation shall\nundertake and be responsible for a program to encourage industrial\nmaterials reduction, recovery and recycling as hereinafter provided. The\ncorporation shall give first priority in such program to hazardous\nwastes in order to reduce risks to public health and the environment.\n  b. Such program shall include but not be limited to the following\nactivities:\n  i. Planning including compilation of, research and development\ninformation on industrial methods, technologies and practices that will\nresult in the reduction, recovery or recycling of industrial materials.\n  ii. Investigation and research into market potential and feasibility\nfor increased utilization of recovered or recycled industrial materials.\n  iii. Collection, development and maintenance of data on existing and\nprojected production of industrial materials.\n  iv. Review and analysis of existing industrial methods, technologies\nand practices relating to the generation, use and disposal of industrial\nmaterials.\n  v. Development and maintenance of a technical reference capability on\nindustrial materials reduction, recovery and recycling methods,\ntechnologies and practices including appropriate information available\nfor public and private use.\n  vi. Encouragement and assistance, within the resources available, to\ngenerators and users of industrial materials and to municipalities to\nreduce, recover or recycle industrial materials, as is feasible and\nappropriate.\n  vii. Establishment and maintenance of an information clearing house\nwhich shall consist of an ongoing record of industrial materials which\nmay be recycled or recovered. Such record shall include, but is not\nlimited to, the information that is provided in manifest reports\nrequired pursuant to section 27-0905 of the environmental conservation\nlaw, except that no information including the identities or other\nidentifying information of the individual generators shall be disclosed\nwithout the express written consent of the applicable generators. The\ncorporation shall make this information available to persons who desire\nto recycle or recover industrial materials. The information shall be\nmade available in such a manner as to protect the trade secrets of the\ngenerators. Information submitted to the clearing house shall not be\nsubject to disclosure under the freedom of information law as set forth\nin article six of the public officers law.\n  viii. Preparation and the continuous update when appropriate of a list\nof industrial materials which the corporation finds are economically and\ntechnically feasible to recycle or recover. Each material shall be\ncategorized according to the degree of difficulty and the kind of\ndifficulty encountered in recycling or recovery of that material.\n  ix. Preparation, in conjunction with industry, of a handbook on\nrecovery and recycling to be made available to all industries upon\nrequest.\n  x. Coordinate with existing regional entities, public or private, to\nencourage participation in all elements of the program.\n  c. The corporation shall coordinate its activities under this section\nwith the department of environmental conservation with such department's\nresponsibilities pursuant to title four of article twenty-seven of the\nenvironmental conservation law.\n  d. The corporation may enter into contracts with private entities for\nthe purpose of having such entities undertake activities called for\nunder this section.\n  4. Trade secrets; confidentiality. a. The corporation shall ensure\nthat any trade secrets or other proprietary or confidential data or\ninformation of a personal nature, required to be utilized pursuant to\nthis section, shall be utilized by the corporation in connection with\nits respective responsibilities pursuant to this section, and that such\ntrade secrets and other proprietary or confidential data or information\nare not otherwise disseminated without the express consent of the\ngenerator furnishing such information.\n  b. For the purposes of this section, trade secrets and other\nproprietary or confidential data or information may include, but are not\nlimited to, any formula, plan, pattern, process, tool, mechanism,\ncompound, procedure, customer lists, production data, or compilation of\ninformation within a commercial concern which is using it to fabricate,\nproduce or compound an article of trade or service having commercial\nvalue, and which gives its owner or authorized user an opportunity to\nobtain a business advantage over competitors who do not know, use or\nhave access to such data and information.\n  c. For the purposes of this section, due to the unique nature of the\nprogram, any generator who claims that specified data or information to\nbe utilized pursuant to any requirement of this section contains trade\nsecrets or other proprietary or confidential data or information of a\npersonal nature may set forth such claims in writing to the corporation\nfor the protection of trade secrets afforded pursuant to this\nsubdivision. Such information shall not be subject to disclosure under\nthe freedom of information law as set forth in article six of the public\nofficers law.\n  d. The corporation shall have rules of conduct for employees and\ncontractors of the corporation involved in the design, development,\noperation and maintenance of any trade secret record-keeping and\ninstruct each such employee or contractor with respect to such rules and\nthe requirements of this subdivision including any other rules and\nprocedures adopted pursuant to this section and the penalties for\nnoncompliance.\n  e. The corporation shall have appropriate administrative, technical,\nand physical safeguards to insure the security and confidentiality of\ntrade secret information and records and to protect against any\nanticipated threats to their security or integrity which could result in\ntheir unauthorized disclosure.\n  5. Improper disclosure of trade secrets or other proprietary or\nconfidential data or information of a personal nature. No officer,\nemployee or contractor of the corporation shall intentionally publish,\ndivulge, disclose or make known in a manner not authorized under the\nprovisions of this section any trade secret or other proprietary or\nconfidential data or information of a personal nature available to him\nin the course of his employment. Any such official, employee or\ncontractor who violates the provisions of this subdivision shall be\nliable for a civil penalty not to exceed five thousand dollars. In\naddition, any official or employee who violates the provisions of this\nsubdivision may be dismissed from his office or employment.\n  6. Report to the legislature. The chairman of the corporation shall,\nnot later than twelve months after the enactment date of this section\nand annually thereafter, prepare and submit a report on the status of\nthe reduction, recycling and recovery of industrial materials as\nfacilitated by the provisions of this section to the governor and the\nlegislature.  In addition, such report shall include, but not be limited\nto the quantities, composition and disposition of hazardous waste\ngenerated by region in the preceding year and the listing of such wastes\nfeasible to recycle and recover developed pursuant to this section. The\nchairman of the corporation shall also report on the scope, status and\nefficacy of the program, including the small quantity generator\nhazardous waste audit program, and specific recommendations for\ncontinuation of the program; provided, however, such chairman shall\nwithhold information on the source or nature of particular industrial\nmaterials in such a manner as to protect trade secrets or confidential\ninformation of the generators.\n  7. Small quantity generator hazardous waste audit program. a. The\ncorporation shall establish and be responsible for a small quantity\ngenerator hazardous waste audit program. To carry out such program, the\ncorporation is authorized to obtain the services, as necessary, of waste\nmanagement specialists to conduct waste audits at the facilities of\nhazardous waste generators that have produced less then one thousand\nkilograms of hazardous waste in each of the past twelve calendar months.\nThe purpose of such audits shall be to provide on-site technical\nassistance to aid such generators in complying with New York state's\nhazardous waste regulations and to identify and evaluate the potential\nfor reducing the amount and/or toxicity of hazardous waste generated at\nsuch facilities.\n  b. Waste audits conducted pursuant to this subdivision may include,\nbut need not be limited to:\n  (i) identification of all hazardous wastes generated at the facility;\n  (ii) identification of the regulatory requirements associated with the\nstorage, treatment, or disposal of all hazardous wastes generated at the\nfacility;\n  (iii) identification of any methodologies, processes, equipment, or\nproduction changes which could be utilized by the facility to reduce the\namount or toxicity of hazardous wastes generated at the facility;\n  (iv) identification of any on-site recycling or waste treatment\ntechnologies which could be utilized to reduce the amount or toxicity of\nhazardous wastes disposed of by the facility; and\n  (v) identification of any potential markets for hazardous waste\ngenerated by the facility, including the use of waste exchange markets.\n  c. The corporation shall establish by rule and regulation, upon\nconsultation with the director of the budget, a sliding fee schedule to\noffset the costs of conducting on-site audits. The fee schedule\nestablished pursuant to this section shall be intended to provide\nrevenues sufficient to meet solely the costs incurred by the corporation\nin performing such audits, provided that the corporation may use\ntechnical assistance grants it receives from the federal government,\nprivate foundations, or other institutions to reduce or eliminate fees\ncharged generators for performing such audits, and further provided that\nmonies appropriated to the corporation to carry out the purposes of this\nsubdivision shall not be used to provide financial assistance to waste\ngenerators for the purchase of manufacturing plants or equipment,\nproperty, real or otherwise, engineering or legal services, or any other\ncost incident to the actual implementation of a waste reduction or\nmanagement project. The chairman of the corporation is authorized and\ndirected to deposit all monies received in payment of fees under this\nsubdivision in an account within the miscellaneous special revenue fund.\n  d. Any person receiving audit services pursuant to this subdivision\nshall, within ninety days of the completion of such audit, submit to the\ncorporation a description of the steps it will take, if any, to\nimplement any recommended waste reduction, recycling, or treatment\nstrategies identified in such audit.\n  e. In implementing the small quantity generator hazardous waste audit\nprogram, the corporation is authorized to:\n  (i) hire or contract with an appropriate number of hazardous waste\nmanagement specialists to conduct on-site waste audits;\n  (ii) employ such public information methods as are appropriate to\nidentify and inform eligible hazardous waste generators of the existence\nof the waste audit program;\n  (iii) establish a small quantity generator hazardous waste audit\nprogram application consistent with the policies and goals of this\nsection; and\n  (iv) establish by rule and regulation a small quantity generator\nhazardous waste audit program application evaluation procedure\nconsistent with the policies and goals of this section.\n
N.Y. PBA Law § 1974-B — New York Code / Act PBA / Article 8 / Title 12 / Section 1974-B
Lease and other agreements
Status: in_force

§ 1974-b. Lease and other agreements. 1. As used or referred to in\nthis title, unless a different meaning clearly appears from the context:\n  (a) "owner" shall mean any individual, partnership, trust or public or\nprivate corporation (including a cooperative housing corporation),\nholding the tenant's interest in a residential lease.\n  (b) "residential lease" shall mean a lease, sublease or other\nagreement that relates to all or a portion of a project, where all of\nsuch project, or the portion thereof to which such lease, sublease or\nother agreement relates, is designed and intended for the purpose of\nproviding housing accommodations and such facilities as may be\nincidental thereto, the landlord's interest in which is held by the\nauthority at the time such lease, sublease or other agreement is entered\ninto.\n  (c) "underlying parcel" shall mean a parcel subject to a residential\nlease; provided, however, that in any case where the tenant's interest\nin a residential lease is held by a unit owner, "underlying parcel"\nshall mean the parcel in which the unit is included.\n  (d) the terms "unit owner" and "unit" shall have the meanings\nspecified in section three hundred thirty-nine-e of the real property\nlaw. The term "parcel" shall have the meaning specified in section one\nhundred two of the real property tax law; provided, however, that in any\ncase where the tenant's interest in a residential lease is held by a\nunit owner, "parcel" shall mean the real property deemed to be a parcel\npursuant to paragraph (a) of subdivision two of section three hundred\nthirty-nine-y of the real property law.\n  2. (a) If an underlying parcel is exempt from real property taxes, or\nno real property taxes are payable with respect thereto, pursuant to the\nprovisions of section nineteen hundred eighty-one of this title or of\nsection twenty-two of chapter one hundred seventy-four of the laws of\nnineteen hundred sixty-eight, the residential lease for such underlying\nparcel shall provide for the payment by the owner of such residential\nlease to the authority of annual or other periodic amounts equal to the\namount of real property taxes that otherwise would be paid or payable\nwith respect to such underlying parcel, after giving effect to any real\nproperty tax abatements and exemptions, if any, which would be\napplicable thereto, if the provisions of section nineteen hundred\neighty-one of this title or of section twenty-two of chapter one hundred\nseventy-four of the laws of nineteen hundred sixty-eight were not\napplicable to such underlying parcel.\n  (b) If an underlying parcel is owned by the city of New York, the\nresidential lease for such underlying parcel shall provide for the\npayment by the owner of such residential lease to the city of New York\nof annual or other periodic amounts equal to the amount of real property\ntaxes that are payable with respect to such underlying parcel, after\ngiving effect to any real property tax abatements and exemptions, if\nany, which are applicable thereto.\n  (c) Where the owner of a residential lease is assessed for real\nproperty taxes with respect to the underlying parcel subject to such\nresidential lease pursuant to section five hundred two of the real\nproperty tax law and section three hundred thirty-nine-y of the real\nproperty law, payment of such real property taxes shall be credited\nagainst the annual or periodic amounts of tax equivalency payments,\npayments in lieu of taxes or similar payments required to be paid under\nsuch residential lease.\n
N.Y. ENV Law § 11-1207 — New York Code / Act ENV / Article 11 / Title 12 / Section 11-1207
Evidence admitted in court
Status: in_force

§ 11-1207. Evidence admitted in court.\n  Upon the trial of any action or proceeding arising out of conduct\nalleged to have been committed by any person arrested for a violation of\nany subdivision of section 11-1203 of this title, the court shall admit\nevidence of the amount of alcohol or drugs in the defendant's blood as\nshown by a test administered pursuant to the provisions of section\n11-1205 of this title. Evidence that there was five-hundredths of one\nper centum or less by weight of alcohol in such person's blood is prima\nfacie evidence that the ability of such person to engage in hunting\nwithout creating unreasonable risk of injury or death to himself or\nother human life was not impaired by the consumption of alcohol.\nEvidence that there was less than eight one-hundredths of one per centum\nby weight of alcohol in such person's blood is prima facie evidence only\nthat such person was not in an intoxicated condition due to the\nconsumption of alcohol.\n
N.Y. PBA Law § 1985 — New York Code / Act PBA / Article 8 / Title 12 / Section 1985
Limitation of liability
Status: in_force

§ 1985. Limitation of liability. Neither the members of the authority,\nnor any person or persons acting in its behalf, while acting within the\nscope of their authority, shall be subject to any personal liability\nresulting from the acquisition, construction, improvement, enlargement,\noperation and maintenance of the project, or any part or parts thereof,\nor from carrying out any of the powers expressly given in this act.\n
N.Y. RSS Law § 110 — New York Code / Act RSS / Article 2 / Title 12 / Section 110
Exemption from taxes and legal process
Status: in_force

§ 110. Exemption from taxes and legal process. The right of a person\nto a pension, a pension-providing-for-increased-take-home-pay, an\nannuity or a retirement allowance, to the return of contributions, the\npension, the pension-providing-for-increased-take-home-pay, annuity, or\nretirement allowance itself, any optional benefit, including any benefit\nor monies accruing under an optional retirement program pursuant to\narticle eight-B or one hundred twenty-five-A of the education law, any\nother right accrued or accruing to any person under the provisions of\nthis chapter and the monies in the various funds continued under this\nchapter:\n  1. Are hereby exempt from any state or municipal tax, except the\nestate tax, and\n  2. Shall not be subject to execution, garnishment, attachment, or any\nother process whatsoever, and\n  3. Shall be unassignable, except as in this chapter specifically\nprovided.\n
N.Y. PBA Law § 1987 — New York Code / Act PBA / Article 8 / Title 12 / Section 1987
Separability
Status: in_force

§ 1987. Separability. If any section, clause or provision of this\ntitle shall be held unconstitutional, or be ineffective in whole or in\npart, to the extent that it is not unconstitutional or ineffective, it\nshall be valid and effective and no other section, clause or provision\nshall, on account thereof, be deemed invalid or ineffective.\n
N.Y. VAT Law § 3015 — New York Code / Act VAT / Title 12 / Article 50 / Section 3015
Time to take effect
Status: in_force

§ 3015. Time to take effect.  This chapter shall take effect October\nfirst, nineteen hundred sixty.\n
N.Y. PBA Law § 1290-A — New York Code / Act PBA / Article 5 / Title 12 / Section 1290-A
Insurance and guarantees
Status: in_force

§ 1290-a. Insurance and guarantees. The corporation may obtain from\nany department or agency of the United States of America any available\ninsurance or guaranty for the payment or repayment of interest or\nprincipal, or both, or any part thereof, on any bonds or notes issued by\nthe corporation, but notwithstanding any other provisions of this title\nmay not enter into any agreement or contract with respect to any such\ninsurance or guaranty to the extent that it would in any way impair or\ninterfere with the ability of the corporation to perform and fulfill the\nterms of any agreement made with the holders of the bonds or notes of\nthe corporation.\n
N.Y. RSS Law § 113 — New York Code / Act RSS / Article 2 / Title 12 / Section 113
Creation or modification of local retirement systems prohibited
Status: in_force

§ 113. Creation or modification of local retirement systems\nprohibited.  a. No municipality, after April twelfth, nineteen hundred\ntwenty-two, shall create any retirement system for its officers or\nemployees.\n  b. Notwithstanding any inconsistent provisions of any general, special\nor local law, ordinance or city or village charter, no municipality\nshall have power to add, change, modify, supersede, amend or repeal any\nprovision relating to contributions payable to or pensions, annuities,\nor other benefits payable by any pension or retirement system or fund\nadministered by such municipality or an agency thereof for the benefit\nof officers or employees of such municipality, except as provided herein\nor in article four or article six of this chapter. Any such provision\nfor the payment of a pension or retirement allowance of a fixed amount,\nexpressed in dollars, may be amended by the municipality to provide\nfuture retirees with a pension or retirement allowance in terms of a\npercentage, not to exceed fifty per cent, of the annual salary before\nretirement of the officer or employee.\n  c. The provisions of subdivision b of this section shall not prevent a\nmunicipality having the power to adopt local laws to provide by local\nlaw, or a municipality not having the power to adopt local laws to\nprovide by ordinance or resolution, for increased-take-home-pay for\nmembers of a pension or retirement system or fund administered by it or\nby any agency thereof. Such local law, ordinance, or resolution may\nprovide a plan for increased-take-home-pay which shall not be\ninconsistent with the provisions, limitations, restrictions and payroll\nperiods of the plans for increased-take-home-pay provided by chapters of\nthe laws of nineteen hundred sixty, entitled "An act to amend the\nretirement and social security law, in relation to the addition of\npensions providing-for-increased-take-home-pay, death benefits, and\nreopening of a plan for retirement at age fifty-five", "An act to amend\nthe retirement and social security law, in relation to authorizing the\nprovision of added pensions-providing-for-increased-take-home-pay and\ndeath benefits for officers and employees of participating employers in\nthe New York state employees' retirement system", "An act to amend the\nmental hygiene law, in relation to reducing contributions of members of\nthe New York state hospital system and providing added death benefits,"\nand any acts amendatory thereof.\n
N.Y. ENV Law § 27-1201 — New York Code / Act ENV / Article 27 / Title 12 / Section 27-1201
Definitions
Status: in_force

§ 27-1201. Definitions.\n  When used in this title:\n  1. "Contaminant" means emerging contaminants pursuant to section\neleven hundred twelve of the public health law, and, for solid waste\nsites, shall include parameters identified in regulations required to be\ntested by landfills to ensure the protection of groundwater quality.\n  2. "Contamination" or "contaminated" means the presence of a\ncontaminant in any environmental media, including soil, surface water,\nor groundwater, sufficient to cause or substantially contribute to an\nexceedance of standards, criteria, and guidance values established by\nthe department or drinking water standards, including maximum\ncontaminant levels, notification levels, maximum residual disinfectant\nlevels or action levels established by the department of health.\n  3. "Drinking water contamination site" means any area or site that is\ncausing or substantially contributing to the contamination of one or\nmore public drinking water supplies.\n  4. "Mitigation" means the investigation, sampling, management, or\ntreatment of a solid waste site or drinking water contamination site\nrequired to ensure the availability of safe drinking water, including\npublic water systems and individual onsite water supply systems\nnecessary to meet standards, criteria, and guidance values established\nby the department or drinking water standards, including maximum\ncontaminant levels, notification levels, maximum residual disinfectant\nlevels, or action levels established by the department of health that\ncan be successfully carried out with available, implementable and\ncost-effective technology. "Mitigation" activities include but are not\nlimited to the installation of drinking water treatment systems, the\nprovision of alternative water supplies, or repair of a landfill cap.\n"Mitigation" does not mean remediation.\n  5. "Solid waste site" means a site where (a) the department has a\nreasonable basis to suspect that the illegal disposal of solid waste\noccurred or, (b) a court of competent jurisdiction has determined that\nan illegal disposal of solid waste occurred, or (c) the department knows\nor has a reasonable basis to suspect that an inactive solid waste\nmanagement facility which does not have a current monitoring program is\nimpacting or contaminating one or more drinking water supplies. Solid\nwaste site shall not include a site which is currently subject to\ninvestigation or remediation pursuant to title thirteen or fourteen of\nthis article or any site which completed such programs and was either\ndelisted by or received a certificate of completion from the department.\n  6. "Solid waste management facility" means any facility employed for\nsolid waste collection, processing and disposal including processing\nsystems, including resource recovery facilities or other facilities for\nreducing solid waste volume, sanitary landfills, regulated facilities\nfor the disposal of construction and demolition debris, regulated plants\nand facilities for compacting, composting or pyrolization of solid\nwastes, regulated mulch facilities, landspreading and soil amending\noperations, and incinerators.\n
N.Y. PBA Law § 1980 — New York Code / Act PBA / Article 8 / Title 12 / Section 1980
Bonds and notes legal investments for public officers and fiduciaries
Status: in_force

§ 1980. Bonds and notes legal investments for public officers and\nfiduciaries. The bonds and notes are hereby made securities in which all\npublic officers and bodies of this state and all municipalities and\nmunicipal subdivisions, all insurance companies and associations and\nother persons carrying on an insurance business, all banks, bankers,\ntrust companies, savings banks and savings associations, including\nsavings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nand all other persons whatsoever, who are now or may hereafter be\nauthorized to invest in bonds or other obligations of the state, may\nproperly and legally invest funds, including capital in their control or\nbelonging to them. The bonds and notes are also hereby made securities\nwhich may be deposited with and may be received by all public officers\nand bodies of this state and all municipalities and municipal\nsubdivisions for any purpose for which the deposit of bonds or other\nobligations of this state is now or may hereafter be authorized.\n
N.Y. ENV Law § 11-1205 — New York Code / Act ENV / Article 11 / Title 12 / Section 11-1205
Enforcement
Status: in_force

§ 11-1205. Enforcement.\n  1. Police officers and officers named in subdivision one of section\n71-0907 of this chapter shall have power to enforce the provisions of\nthis title and to take actions, make arrests, and conduct tests\nthereunder in pursuance of such enforcement.\n  2. Any person engaged in hunting in this state shall be deemed to have\ngiven his consent to a chemical test of his breath, blood, urine, or\nsaliva for the purpose of determining the alcoholic or drug content of\nhis blood, provided that such test is administered at the direction of a\npolice officer or officer of the department of environmental\nconservation: (a) having reasonable grounds to believe such person to\nhave been engaged in hunting in violation of any subdivision of section\n11-1203 of this title, and within two hours after such person has been\nplaced under arrest for any such violation, or (b) within two hours\nafter a breath test, administered pursuant to the provisions of\nsubdivision one of this section, indicates that alchohol has been\nconsumed by such person, and in accordance with the rules and\nregulations established by the law enforcement unit of which the\nadministering officer is a member.\n  3. If such person, having been placed under arrest or after a breath\ntest indicates the presence of alcohol in his system and having\nthereafter been requested to submit to chemical test, refuses to submit\nto such chemical test, the test shall not be given, and a report of such\nrefusal shall be forwarded by the officer under whose direction the test\nwas requested to the department of environmental conservation within\nseventy-two hours and the department shall revoke all licenses,\nbowhunting privileges, muzzle-loading privileges, and permits to hunt\nwhich such person may possess; provided, however, that such revocation\nshall become effective only after a hearing held by the department upon\nnotice to such person, unless such hearing is waived by such person.\n  4. A license, bowhunting privilege, muzzle-loading privilege, or\npermit to hunt may, upon the basis of a report, verified as hereinafter\nprovided, of the administering officer that he had reasonable grounds to\nbelieve such person to have been engaged in conduct in violation of any\nsubdivision of section 11-1203 of this title and that said person had\nrefused to submit to such test, be temporarily suspended without notice\npending the determination upon any such hearing. Such report may be\nverified by having the report sworn to, or by affixing to such report a\nform notice that false statements made therein are punishable as a class\nA misdemeanor pursuant to section 210.45 of the penal law and such form\nnotice together with the signature of the deponent shall constitute a\nverification of the report.\n  5. No license, bowhunting privilege, muzzle-loading privilege, or\npermit to hunt shall be revoked because of a refusal to submit to such\nchemical test if the hearing officer is satisfied that the person\nrequested to submit to such chemical test had not been warned prior to\nsuch refusal to the effect that a refusal to submit to such chemical\ntest may result in the revocation of such license, bowhunting privilege,\nmuzzle-loading privilege, or permit to hunt whether or not he is found\nguilty of the charge for which he has been arrested.\n  6. The department of health shall issue and file rules and regulations\napproving satisfactory techniques or methods, to ascertain the\nqualifications and competence of individuals to conduct and supervise\nchemical analyses of a person's blood, urine, breath or saliva. If the\nanalyses were made by an individual possessing a permit issued by the\ndepartment of health, this shall be presumptive evidence that the\nexamination was properly given. The provisions of this subdivision do\nnot prohibit the introduction as evidence of an analysis made by an\nindividual other than a person possessing a permit issued by the\ndepartment of health.\n
N.Y. ENV Law § 71-1207 — New York Code / Act ENV / Article 71 / Title 12 / Section 71-1207
Rights of aggrieved individuals
Status: in_force

§ 71-1207. Rights of aggrieved individuals.\n  The provisions of this title shall not affect, impair or in any manner\nrestrict or limit the rights of any person seeking damages arising out\nof a violation of article twenty-two of this chapter.\n
N.Y. ENV Law § 27-1203 — New York Code / Act ENV / Article 27 / Title 12 / Section 27-1203
Mitigation and remediation of solid waste sites
Status: in_force

§ 27-1203. Mitigation and remediation of solid waste sites.\n  1. The solid waste site priority in this state is to mitigate and\nremediate any solid waste site causing or substantially contributing to\nimpairments of drinking water quality which may impact public health.\n  2. The department shall, in conjunction with the department of health,\ndevelop a system to select and prioritize sites for mitigation and\nremediation, considering the effects on the health of the state.\n  3. Beginning July first, two thousand nineteen and annually\nthereafter, the department shall prepare and submit to the governor and\nthe legislature a comprehensive plan designed to mitigate and remediate\nsolid waste sites. This plan shall establish a solid waste site\nmitigation and remediation priority list.\n  4. The department is authorized to conduct preliminary investigations\nto determine if a solid waste site is causing or substantially\ncontributing to imminent or documented drinking water source\ncontamination. The department, and any employee, agent, consultant or\nother person acting at the direction of the department, shall have the\nauthority to enter all solid waste sites for the purpose of preliminary\ninvestigation, mitigation and remediation, provided that the department\nhas made a reasonable effort to identify the owner of such property to\nnotify such owner of the intent to enter the property at least ten days\nin advance.  In the event the commissioner of health makes a written\ndetermination that such ten day notice will not be sufficient to protect\npublic health, two days' written notice shall be sufficient. Any\ninspection of the property and each taking of samples shall take place\nat reasonable times and shall be commenced and completed with reasonable\npromptness.  Such preliminary investigation shall include:\n  a. conducting or causing to be conducted field investigations of high\npriority sites identified in the plan established pursuant to\nsubdivision three of this section for the purpose of further defining\nnecessary mitigation and remediation, if any. To the maximum extent\npracticable, the department shall utilize existing information\nincluding, but not limited to, subsurface borings and any analyses or\ntests of samples taken from such sites by owners or operators, other\nresponsible persons and any federal or non-federal agencies;\n  b. making any subsurface borings and any analyses or tests of samples\ntaken as may be necessary or desirable to effectuate the field\ninvestigations of sites as required under this section subject to the\nrequirements of this title. If the owner of a solid waste site can be\nidentified, the department shall provide such owner with a minimum of\nten days' written notice of the intent to take such borings or samples\nin accordance with the provisions of subdivision twelve of section\n27-1205 of this title. If any analysis is made of such samples, a copy\nof the results of such analysis shall be furnished promptly to the owner\nor operator. Upon the completion of all sampling activities, the\ndepartment or authorized person shall remove, or cause to be removed,\nall equipment and well machinery and return the ground surface of the\nproperty to its condition prior to such sampling, unless the department\nor authorized person, and the owner of the property shall otherwise\nagree;\n  c. making any record searches or document reviews as may be necessary\nor desirable to effectuate the purposes of this section subject to the\nrequirements of this title.\n  5. If the department or the department of health, as appropriate,\ndetermines that a solid waste site poses a significant threat to the\npublic health or environment due to hazardous waste, the department\nshall refer the site to the inactive hazardous waste disposal site\nremedial program pursuant to title thirteen of this article.\n  6. Where the department has determined through a preliminary\ninvestigation conducted pursuant to subdivision four of this section\nthat a solid waste site is causing or substantially contributing to\ncontamination of a public drinking water supply, the owner or operator\nof a solid waste site shall, at the department's written request,\ncooperate with any and all remedial measures deemed necessary and which\nshall be undertaken by the department, in conjunction with the\ndepartment of health, for the mitigation and remediation of a solid\nwaste site or area which is necessary to ensure that drinking water\nmeets applicable standards, including maximum contaminant levels,\nnotification levels, maximum residual disinfectant levels, or action\nlevels established by the department of health. The department may\nimplement necessary measures to mitigate and remediate the solid waste\nsite within amounts appropriated for such purposes from the solid waste\nmitigation program.\n
N.Y. ENV Law § 27-1211 — New York Code / Act ENV / Article 27 / Title 12 / Section 27-1211
Protection against liability and liability exemptions and defenses
Status: in_force

§ 27-1211. Protection against liability and liability exemptions and\n             defenses.\n  In addition to common law defenses, the provisions of sections 27-1321\nand 27-1323 of this article shall apply to a solid waste site that is\ncausing or substantially contributing to contamination of public\ndrinking water supplies or a drinking water contamination site pursuant\nto this title and shall apply to emerging contaminants in the same way\napplicable to hazardous materials and hazardous wastes.\n
N.Y. RSS Law § 110-D — New York Code / Act RSS / Article 2 / Title 12 / Section 110-D
Deductions for federated community campaigns
Status: in_force

§ 110-d. Deductions for federated community campaigns. Notwithstanding\nany other provision of law, the comptroller is hereby authorized to\ndeduct from the retirement allowance of any retired member of the state\nsuch amount as such retired member may specify in writing filed with the\ncomptroller within the minimum and maximum amounts prescribed by the\ncomptroller for contribution to federated community campaigns for\nhealth, welfare, and recreational purposes on behalf of such retired\nmember and to the account of such retired member with such federated\ncommunity campaign. The comptroller is hereby authorized to make such\nrules and regulations to be incorporated in the retired members written\nauthorization filed in a manner determined by the comptroller. Any such\nwritten authorization may be withdrawn by such retired member at any\ntime upon filing written notice of such withdrawal in a manner\ndetermined by the comptroller. As used in this section, "federated\ncommunity campaign" means a charitable non-profit organization which\nsolicits funds for distribution among a substantial number of charitable\nnon-profit organizations, which has been approved as such by the\ncommissioner of general services. The commissioner of general services\nshall approve no more than one federated community campaign within a\ncounty or group of counties in which such campaign is operating. He or\nshe shall not approve a federated community campaign in any county or\ngroup of counties where, in his or her opinion and judgement, the number\nof state employees or retired members to be solicited by such campaign\nis too small to make deductions or contributions by the comptroller\npracticable or feasible. The commissioner of general services shall have\npower to make such reasonable rules and regulations not inconsistent\nwith the law, as may be necessary for the exercise of his or her\nauthority under this section.\n
N.Y. ENV Law § 27-1207 — New York Code / Act ENV / Article 27 / Title 12 / Section 27-1207
Use and reporting of the solid waste mitigation program and the drinking water response program
Status: in_force

§ 27-1207. Use and reporting of the solid waste mitigation program and\n             the drinking water response program.\n  1. Pursuant to the clean water infrastructure act of two thousand\nseventeen and within the up to one hundred thirty million dollars\nappropriated for such purposes, mitigation and remediation efforts to\naddress public drinking water contamination from emerging contaminants\nand solid waste sites causing or substantially contributing to drinking\nwater impairment that impacts public health may be conducted in\naccordance with this title.\n  2. The solid waste mitigation program shall receive no more than fifty\nmillion dollars from the clean water infrastructure act of 2017 and be\nmade available to the department and the department of health, as\napplicable, for the following purposes:\n  a. enumeration and assessment of solid waste sites;\n  b. investigation and environmental characterization of solid waste\nsites, including environmental sampling;\n  c. mitigation and remediation of solid waste sites;\n  d. monitoring of solid waste sites; and\n  e. administration and enforcement of the requirements of section\n27-1203 of this title.\n  3. The drinking water response program shall receive no more than\ntwenty million dollars annually from the clean water infrastructure act\nof 2017 and be made available to the department and the department of\nhealth, as applicable, for the following purposes:\n  a. mitigation of drinking water contamination;\n  b. investigation of drinking water contamination;\n  c. remediation of drinking water contamination; and\n  d. administration and enforcement of the requirements of this title\nexcept the provisions of section 27-1203.\n  4. On or before July first, two thousand nineteen and July first of\neach succeeding year, the department shall report on the status of the\nprograms. Such status report shall reflect information available to the\ndepartment as of March thirty-first of each year, and shall include\ninformation regarding the number of sites referred to the inactive\nhazardous waste disposal site remedial program based on information\nobtained pursuant to this title and an accounting of all monies expended\nor encumbered from the clean water infrastructure act of two thousand\nseventeen during the preceding fiscal year, such accounting to\nseparately list:\n  a. monies expended or encumbered for the purpose of conducting site\ninvestigations;\n  b. monies expended or encumbered for the purpose of conducting\nremedial investigations and feasibility studies;\n  c. monies expended for mitigation and remediation measures; and\n  d. an accounting of payments received and payments obligated to be\nreceived pursuant to this title, and a report of the department's\nattempts to secure such obligations.\n  5. all moneys recovered pursuant to title twelve of article\ntwenty-seven of this chapter shall be deposited into the capital\nprojects fund (30000), provided that such moneys recovered shall be used\nfor the same purposes as are authorized by this title.\n
N.Y. PBA Law § 1986 — New York Code / Act PBA / Article 8 / Title 12 / Section 1986
Assistance by state officers, departments, agencies and commissions
Status: in_force

§ 1986. Assistance by state officers, departments, agencies and\ncommissions.\n  (1) The department of audit and control, department of law, the\ndivision of housing and community renewal and all other state agencies\nmay render such services to the authority within their respective\nfunctions as may be requested by the authority.\n  (2) Upon request of the authority, any state agency is hereby\nauthorized and empowered to transfer to the authority such officers and\nemployees as it may deem necessary from time to time to assist the\nauthority in carrying out its functions and duties under this title.\nOfficers and employees so transferred shall not lose their civil service\nstatus or rights.\n
N.Y. GMU Law § 581 — New York Code / Act GMU / Article 15-B / Title 12 / Section 581
Rochester urban renewal agency
Status: in_force

§ 581. Rochester urban renewal agency. A municipal urban renewal\nagency, to be known as the Rochester urban renewal agency, is hereby\nestablished for the accomplishment of any or all of the purposes\nspecified in articles fifteen and fifteen-A of this chapter and in\naccordance with article eighteen of the constitution of the state of New\nYork. It shall constitute a body corporate and politic, be perpetual in\nduration and consist of the nine council members of the city of\nRochester, including the mayor who shall be chair. It shall have the\npowers and duties now or hereafter conferred by article fifteen-A of\nthis chapter upon municipal urban renewal agencies. It shall be\norganized in the manner prescribed by and be subject to the provisions\nof article fifteen-A of this chapter and the agency, its members,\nofficers and employees and its operations and activities shall in all\nrespects be governed by the provisions of such article.\n
N.Y. SOS Law § 370-B — New York Code / Act SOS / Article 5 / Title 12 / Section 370-B
State reimbursement
Status: in_force

§ 370-b.  State reimbursement. 1. (a)  Expenditures made by counties,\ncities, and towns for services for senior citizens and their\nadministration, and senior citizens center projects, pursuant to this\ntitle, shall, if approved by the department, be subject to reimbursement\nby the state, in accordance with the regulations of the department, as\nfollows:  There shall be paid to each county, city or town (1) the\namount of federal funds, if any, properly received or to be received on\naccount of such expenditures; (2) fifty per centum of its expenditures\nfor services for senior citizens and their administration and senior\ncitizens center projects, after first deducting therefrom any federal\nfunds received or to be received on account thereof, and any\nexpenditures defrayed by fees paid by senior citizens or by other\nprivate contributions.\n  (b)  For the purposes of this title, expenditures for administration\nof services for senior citizens shall include expenditures for\ncompensation of employees in connection with the furnishing of such\nservices, including but not limited to costs incurred for pensions,\nfederal old age and survivors insurance and health insurance for such\nemployees; training programs for personnel, operation, maintenance and\nservice costs; and such other expenditures such as equipment costs,\ndepreciation and charges and rental values as may be approved by the\ndepartment.  It shall not include expenditures for capital costs.  In\nthe case of centers and services for senior citizens purchased or leased\nfrom a non-profit corporation, company or association, expenditures\nshall include an allocable proportion of all operating costs of such\ncenters as may be approved by the department including but not limited\nto the expenditures enumerated in this paragraph (b) and expenditures\nfor amortization, interest and other financing costs of any mortgage\nloan made to such non-profit corporation, company or association.\n  2. (a)  Claims for state reimbursement shall be made in such form and\nmanner and at such times and for such periods as the department shall\ndetermine.\n  (b)  When certified by the department, state reimbursement shall be\npaid from the state treasury upon the audit and warrant of the\ncomptroller out of  funds made available therefor.\n  3.  The department is authorized in its discretion to approve and\ncertify to the comptroller for payment, advances to counties, cities or\ntowns in anticipation of the state reimbursement provided for in this\nsection.\n  4.  Payment of state reimbursement and advances shall be made to local\nfiscal officers as in the case of state reimbursement for public\nassistance and care under other provisions of this chapter.\n
N.Y. LFN Law § 167.00 — New York Code / Act LFN / Article 2 / Title 12 / Section 167.00
Action against municipality; appeals
Status: in_force

§ 167.00 Action against municipality; appeals.  An appeal from a\njudgment in an action against a municipality, school district or\ndistrict corporation on a bond, note or interest bearing coupon, may be\ntaken by any person bound as a privy by such judgment, within sixty days\nafter the service of a copy of the judgment and written notice of the\nentry thereof by any party upon such person. The appeal may be taken in\nthe name of the party by such person without an order of substitution,\nupon such person giving the security and serving the notice of appeal\nrequired of a party in a civil action, and upon his giving to the party\nin whose name the appeal is taken an undertaking executed by two\nsureties in the sum of five hundred dollars and approved as to form and\nas to the sufficiency of the sureties thereon by a justice of the\nsupreme court. The appeal shall be conducted and determined in the same\nmanner as if taken by the party.\n
N.Y. PBA Law § 1288 — New York Code / Act PBA / Article 5 / Title 12 / Section 1288
Co-operation and assistance of other agencies
Status: in_force

§ 1288. Co-operation and assistance of other agencies.  To avoid\nduplication of effort and in the interests of economy, the corporation\nmay make use of existing studies, surveys, plans, data and other\nmaterials in the possession of any state agency or any municipality or\npolitical subdivision of the state. Each such agency, municipality and\nsubdivision is hereby authorized to make the same available to the\ncorporation and otherwise to assist it in the performance of its\nfunctions. The officers and personnel of such agencies, municipalities\nand subdivisions, and of any other government or agency whatever, may\nserve at the request of the corporation upon such advisory committees as\nthe corporation shall determine to create and such officers and\npersonnel may serve upon such committees without forfeiture of office or\nemployment and with no loss or diminution in the compensation, status,\nrights and privileges which they otherwise enjoy.\n
N.Y. PBA Law § 1287 — New York Code / Act PBA / Article 5 / Title 12 / Section 1287
Construction contracts
Status: in_force

§ 1287. Construction contracts. 1. Construction contracts other than\nfor resource recovery facilities let by the corporation shall be in\nconformity with the applicable provisions of section one hundred\nthirty-five of the state finance law, but the corporation in its\ndiscretion may assign such contracts for supervision and coordination to\nthe successful bidder for any subdivision of work for which the\ncorporation receives bids. Contracts for resource recovery facilities\nmay be awarded by the corporation in the same manner as by a\nmunicipality pursuant to section one hundred twenty-w of the general\nmunicipal law.\n  2. Except in the case of contracts for resource recovery facilities\nawarded consistent with subdivision one of this section, the corporation\nshall not award any construction contract involving an expenditure of\nmore than ten thousand dollars except to the lowest bidder who in its\nopinion is qualified to perform the work required and is responsible and\nreliable. The lowest bid shall be deemed to be that which specifically\nstates the lowest gross sum for which the entire work will be performed,\nincluding all items in the bid proposal. The lowest bid shall be\ndetermined by the corporation on the basis of the gross sum for which\nthe entire work will be performed, arrived at by a correct computation\nof all items specified in the bid therefor at the unit prices contained\nin the bid. The corporation may, however, reject any or all bids or\nwaive any informality in a bid if it believes that the public interest\nwill be promoted thereby. The corporation may reject any bid if in its\njudgment the business and technical organization, plant, resources,\nfinancial standing or experience of the bidder, compared with the work\nto be performed, justifies such rejection.\n  3. Any construction contract awarded by the corporation shall contain\nsuch other terms and conditions, and such provisions for penalties, as\nthe corporation may deem desirable.\n  4. Notwithstanding the provisions of any other law to the contrary,\nall contracts for public work awarded by the New York state\nenvironmental facilities corporation pursuant to this section shall be\nin accordance with section one hundred thirty-nine-f of the state\nfinance law.\n
N.Y. LFN Law § 166.00 — New York Code / Act LFN / Article 2 / Title 12 / Section 166.00
Action against municipal officers
Status: in_force

§ 166.00 Action against municipal officers.  a. The holder in due\ncourse of any bond, note or interest bearing coupon issued due to the\nmalfeasance, misfeasance, or negligence of any officer of a\nmunicipality, school district or district corporation, whose cause of\naction thereon is determined by judgment, or who is privy to such\naction, may within three years after entry of judgment begin an action\nagainst such officer for the recovery of all damages suffered because of\nsuch malfeasance, misfeasance or negligence.\n  b. A municipality, school district or district corporation which is\nrequired pursuant to a judgment to pay a bond, note or interest bearing\ncoupon issued due to the malfeasance, misfeasance or negligence of any\nofficer thereof, may within three years after such payment begin an\naction against such officer and recover the amount so paid with interest\nfrom the time of payment.\n  c. An order of arrest and an execution against the person of the\ndefendant may be issued in an action instituted pursuant to paragraph a\nor b of this section.\n
N.Y. PBA Law § 1285-D — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-D
Studies regarding design, construction and operation of industrial waste treatment, storage and disposal facilities
Status: in_force

§ 1285-d. Studies regarding design, construction and operation of\nindustrial waste treatment, storage and disposal facilities. 1. The\npurposes of the corporation shall include research and development of\ntechnologies for treatment, storage and disposal of industrial hazardous\nwastes consistent with economic, social and environmental objectives. In\ncarrying out such purposes the corporation shall prepare studies\nregarding the best technology or systems possible for the design,\nconstruction and operation of industrial hazardous waste treatment,\nstorage and disposal facilities including methods to recover materials\nor energy and to detoxify or neutralize wastes. Studies shall also be\nmade of methods to guarantee long-term maintenance, ownership,\nmonitoring, and environmental soundness of long-term hazardous waste\nstorage and disposal sites. With respect to matters of operation and\nlong-term maintenance, consideration shall be given to the various\noptions for locating such storage and disposal sites and for public or\nprivate ownership and for public or private operation consistent with\nthe maximum protection of public health, safety and welfare and the\nnatural environment.\n  2. Not later than one year from the effective date of this section,\nthe corporation shall submit a report to the governor and the\nlegislature of its studies conducted pursuant to subdivision one of this\nsection.\n  3. In exercising its responsibilities, the corporation shall also\ncooperate and act in conjunction with industrial, commercial, medical,\nscientific, public interest and educational organizations within the\nstate, and with agencies of the federal government, of the state and its\npolitical subdivisions, of other states, and joint agencies thereof.\n
N.Y. PBA Law § 1295 — New York Code / Act PBA / Article 5 / Title 12 / Section 1295
Notes and bonds as legal investment
Status: in_force

§ 1295. Notes and bonds as legal investment. The notes and bonds of\nthe corporation are hereby made securities in which all public officers\nand bodies of the state and all municipalities and political\nsubdivisions, all insurance companies and associations and other persons\ncarrying on an insurance business, all banks, bankers, trust companies,\nsavings banks and savings associations, including savings and loan\nassociations, building and loan associations, investment companies, and\nother persons carrying on a banking business, all administrators,\nguardians, executors, trustees and other fiduciaries, and all other\npersons whatsoever who are now or who may hereafter be authorized to\ninvest in bonds or other obligations of the state, may properly and\nlegally invest funds including capital in their control or belonging to\nthem. Notwithstanding any other provisions of law, the bonds of the\ncorporation are also hereby made securities which may be deposited with\nand shall be received by all public officers and bodies of this state\nand all municipalities and political subdivisions for any purpose for\nwhich the deposit of bonds or other obligations of the state is now or\nmay hereafter be authorized.\n
N.Y. PBA Law § 1297 — New York Code / Act PBA / Article 5 / Title 12 / Section 1297
Actions against the corporation
Status: in_force

§ 1297. Actions against the corporation. 1. As a condition to the\nconsent of the state to such suits against the corporation, in every\naction against the corporation for damages, for injuries to real or\npersonal property or for the destruction thereof, or for personal\ninjuries or death, the complaint shall contain an allegation that at\nleast thirty days have elapsed since the demand, claim or claims upon\nwhich such action is founded were presented to a member of the\ncorporation or other officer designated for such purpose and that the\ncorporation has neglected or refused to make an adjustment or payment\nthereof.\n  2. An action against the corporation founded on tort, except an action\nfor wrongful death, shall not be commenced more than one year and ninety\ndays after the cause of action therefor shall have accrued, nor unless a\nnotice of claim shall have been served on the corporation within the\ntime limited by and in compliance with all the requirements of section\nfifty-e of the general municipal law. An action against the corporation\nfor wrongful death shall be commenced in accordance with the notice of\nclaim and time limitation provisions of title eleven of article nine of\nthis chapter.\n  3. The corporation may require any person, presenting for settlement\non account or claim for any cause whatever against the corporation, to\nbe sworn before a director, counsel or an attorney, officer or employee\nof the corporation designated for such purpose, concerning such account\nor claim and when so sworn to answer orally as to any facts relative to\nsuch account or claim. The corporation shall have power to settle or\nadjust all claims in favor of or against the corporation.\n  4. The rate of interest to be paid by the corporation upon any\njudgment for which it is liable shall not exceed four per centum per\nannum.\n
N.Y. PBH Law § 1385 — New York Code / Act PBH / Article 13 / Title 12 / Section 1385
Legislative intent
Status: in_force

§ 1385. Legislative intent.  Sites formerly operated as landfills to\ndispose of toxic substances are exposing the citizens of the state to\nunnecessary hazards, the duration and extent of which is unknown. To\ndevelop a plan for the alleviation of these conditions, it is necessary\nto conduct a study to determine the extent of such hazards. The\npotential hazard believed to exist at a specific landfill site in the\ncounty of Niagara, has precipitated the need for immediate action to\nauthorize the department of health to undertake such study and to\nconduct a pilot program to evaluate the effect of individual corrective\nsystems in affected residences.\n
N.Y. PBA Law § 1285-N — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-N
Issuance and sale of recipient bonds and notes
Status: in_force

§ 1285-n. Issuance and sale of recipient bonds and notes.\nNotwithstanding subdivision two of section one thousand eighty of this\narticle, or any by-law, rule or regulation requiring the recipient to\nissue bonds or notes at a public or competitive sale, any recipient of a\nfinancing from the corporation pursuant to section twelve hundred\neighty-five-j, twelve hundred eighty-five-m or twelve hundred\neighty-five-o of this title may validly issue its notes or bonds to the\ncorporation, as evidence of its obligation to repay such financing.\n
N.Y. RSS Law § 111 — New York Code / Act RSS / Article 2 / Title 12 / Section 111
Protection against fraud
Status: in_force

§ 111. Protection against fraud. a. Any person who shall:\n  1. Knowingly make any false statement, or\n  2. Falsify or permit to be falsified any record of the retirement\nsystem, in any attempt to defraud such system as the result of such act\nshall be guilty of a misdemeanor.\n  b. Any violation of subdivision a of this section that results in a\nmember or beneficiary of the retirement system receiving a benefit or\npayment in excess of one thousand dollars more than he or she would have\nbeen entitled to shall be a class E felony. Any violation of subdivision\na of this section that results in a member or beneficiary of the\nretirement system receiving a benefit or payment in excess of three\nthousand dollars more than he or she would have been entitled to shall\nbe a class D felony.\n  c. In the event that any change or error in any record of the\nretirement system causes a member or beneficiary of such system to\nreceive more or less than he would have been entitled to receive had\nsuch record been correct, the comptroller, upon the discovery of any\nsuch change or error, shall correct such record. As far as practicable,\nthe comptroller shall adjust payments in such a manner that the\nactuarial equivalent of any benefit rightly due shall be paid.\n
N.Y. LFN Law § 162.00 — New York Code / Act LFN / Article 2 / Title 12 / Section 162.00
Exemption from taxation
Status: in_force

§ 162.00 Exemption from taxation.  All bonds and notes of a\nmunicipality, school district or district corporation, until payable,\nand the interest thereon, shall be exempt from taxation for municipal\nand state purposes.\n
N.Y. PBA Law § 1285-P — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-P
State environmental infrastructure projects
Status: in_force

§ 1285-p. State environmental infrastructure projects. In order to\neffectuate the purposes of this title, the corporation shall have the\nfollowing additional special powers:\n  1. Subject to chapter fifty-nine of the laws of two thousand, but\nnotwithstanding any other provisions of law to the contrary, in order to\nassist the corporation in undertaking the administration and the\nfinancing of the design, acquisition, construction, improvement,\ninstallation, and related work for all or any portion of any of the\nfollowing environmental infrastructure projects and for the provision of\nfunds to the state for any amounts disbursed therefor: (a) projects\nauthorized under the environmental protection fund, or for which\nappropriations are made to the environmental protection fund including,\nbut not limited to municipal parks and historic preservation,\nstewardship, farmland protection, non-point source, pollution control,\nHudson River Park, land acquisition, and waterfront revitalization; (b)\ndepartment of environmental conservation capital appropriations for\nOnondaga Lake for certain water quality improvement projects in the same\nmanner as set forth in paragraph (d) of subdivision one of section\n56-0303 of the environmental conservation law; (c) for the purpose of\nthe administration, management, maintenance, and use of the real\nproperty at the western New York nuclear service center; (d) department\nof environmental conservation capital appropriations for the\nadministration, design, acquisition, construction, improvement,\ninstallation, and related work on department of environmental\nconservation environmental infrastructure projects; (e) office of parks,\nrecreation and historic preservation appropriations or reappropriations\nfrom the state parks infrastructure fund; (f) capital grants for the\ncleaner, greener communities program; (g) capital costs of water quality\ninfrastructure projects and (h) capital costs of clean water\ninfrastructure projects the director of the division of budget and the\ncorporation are each authorized to enter into one or more service\ncontracts, none of which shall exceed twenty years in duration, upon\nsuch terms and conditions as the director and the corporation may agree,\nso as to annually provide to the corporation in the aggregate, a sum not\nto exceed the annual debt service payments and related expenses required\nfor any bonds and notes authorized pursuant to section twelve hundred\nninety of this title. Any service contract entered into pursuant to this\nsection shall provide that the obligation of the state to fund or to pay\nthe amounts therein provided for shall not constitute a debt of the\nstate within the meaning of any constitutional or statutory provision\nand shall be deemed executory only to the extent of moneys available for\nsuch purposes, subject to annual appropriation by the legislature. Any\nsuch service contract or any payments made or to be made thereunder may\nbe assigned and pledged by the corporation as security for its bonds and\nnotes, as authorized pursuant to section twelve hundred ninety of this\ntitle.\n  2. The comptroller is hereby authorized to receive from the\ncorporation any portion of bond proceeds paid to provide funds for or\nreimburse the state for its costs associated with any state\nenvironmental infrastructure projects and to credit such amounts to the\ncapital projects fund or any other appropriate fund.\n  3. The maximum amount of bonds that may be issued for the purpose of\nfinancing environmental infrastructure projects authorized by this\nsection shall be seventeen billion seven hundred fifty million one\nhundred sixty thousand dollars $17,750,160,000, exclusive of bonds\nissued to fund any debt service reserve funds, pay costs of issuance of\nsuch bonds, and bonds or notes issued to refund or otherwise repay bonds\nor notes previously issued. Such bonds and notes of the corporation\nshall not be a debt of the state, and the state shall not be liable\nthereon, nor shall they be payable out of any funds other than those\nappropriated by the state to the corporation for debt service and\nrelated expenses pursuant to any service contracts executed pursuant to\nsubdivision one of this section, and such bonds and notes shall contain\non the face thereof a statement to such effect.\n
N.Y. PBH Law § 1389-C — New York Code / Act PBH / Article 13 / Title 12-A / Section 1389-C
Rules and regulations
Status: in_force

§ 1389-c. Rules and regulations.  The department shall have the power\nto make rules and regulations necessary and appropriate to carry out the\npurposes of this title. Any such regulations shall include provisions\nwhich establish the procedures for a hearing, pursuant to subdivision\nfour of section thirteen hundred eighty-nine-b of this article. Such\nprovision shall ensure a division of functions between the commissioner,\nthe staff who present the case and any hearing officers appointed.\n
N.Y. LFN Law § 165.10 — New York Code / Act LFN / Article 2 / Title 12 / Section 165.10
Advances from funds
Status: in_force

§ 165.10. Advances from funds. If there are funds of a municipality,\nschool district or district corporation, other than:\n  1. The proceeds of bonds, bond anticipation notes, capital notes,\nurban renewal notes and budget notes, and\n  2. Funds which, by law, may be used only for stated purposes, which\nare not immediately required for the purpose or purposes for which the\nsame were borrowed, raised or otherwise created, the finance board may\nauthorize the temporary use of such funds for the purpose or purposes\nfor which an issue of bonds, capital notes or urban renewal notes has\nbeen authorized. Suitable records shall be kept of the temporary\ndiversion of such funds. Notwithstanding the provisions of section\n165.00 of this chapter, such funds shall be made again available to the\nmunicipality, school district or district corporation from the proceeds\nof such bonds, capital notes or urban renewal notes or from the proceeds\nof the sale of bond anticipation notes issued in anticipation of the\nsale of such bonds.\n
N.Y. PBH Law § 1389 — New York Code / Act PBH / Article 13 / Title 12 / Section 1389
Reports
Status: in_force

§ 1389. Reports.  The commissioner of health shall make an initial\nreport to the governor and the legislature on or before September\nfifteenth, nineteen hundred seventy-eight of his progress and a further\nreport to the governor and the legislature on or before April first,\nnineteen hundred eighty-one.\n
N.Y. PBA Law § 1285-I — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-I
Commercial and industrial waste audits
Status: in_force

§ 1285-i. Commercial and industrial waste audits. a. The corporation\nshall establish and be responsible for administration of a commercial\nand industrial waste audit program to help businesses identify and\nevaluate the potential at their New York facilities for reducing the\namount of solid waste generated, increasing new materials recovery\nprograms and otherwise reducing the amount of waste ultimately requiring\ndisposal. The corporation shall in implementing said waste audit program\ncoordinate activities with and actively foster the waste exchange\nprogram of the corporation and other waste reduction programs as is\nappropriate, and is further authorized to obtain the services, as\nnecessary, of waste management specialists to conduct such waste audits.\n  b. In implementing the commercial and industrial waste audit program,\nthe corporation shall:\n  (i) establish an application process consistent with the rules and\nregulations of the program;\n  (ii) establish by rule and regulation a commercial and industrial\nsolid waste audit program application evaluation procedure consistent\nwith the requirements of this section; and\n  (iii) establish by rule and regulation, upon consultation with the\ndirector of the budget, a sliding fee schedule to offset the costs of\nthe audit. The fee schedule established pursuant to this section shall\nbe intended to provide revenues sufficient to meet solely the costs\nincurred by the corporation in performing such audits. The chairman is\nauthorized and directed to deposit all money received in payment of fees\nunder this section in an account within the miscellaneous special\nrevenue fund.\n  c. Waste audits conducted pursuant to this section may include but\nneed not be limited to identification of:\n  (i) all waste generated within the facility;\n  (ii) the regulatory requirements associated with the recovery, reuse\nor disposal of such waste, and the implications of such requirements for\nvarious reduction and reuse options;\n  (iii) any methodologies, processes, equipment, or production changes\nthat could be utilized to reduce the amount of waste generated and\nconsumer waste resulting from the product, process or service\nmanufactured, distributed or sold;\n  (iv) on site recycling or waste treatment technologies that could be\nutilized to reduce the need for waste disposal capacity;\n  (v) potential markets for waste generated by the facility, including\nlocal materials recycling programs, and the ability of such markets to\nreadily absorb the wastes generated by such facility; and\n  (vi) economic practicality of alternative waste reduction strategies.\n  d. Any person for whom a waste audit is prepared shall within one\nhundred eighty days submit to the corporation findings with respect to\nthe report and the status of steps to implement any recommended\nstrategies identified in such audit.\n  e. Beginning January first, nineteen hundred eighty-nine, the chairman\nshall make an annual report concerning the activities undertaken\npursuant to this section which shall include, at a minimum (i) the\nnumber of businesses which received assistance, (ii) the nature of\nassistance provided through the programs, (iii) needs and problems\nconfronted by such businesses in establishing and implementing programs,\nand (iv) the number of businesses which applied for assistance. The\nchairman shall submit to the director of the division of the budget, the\nchairman and the ranking minority member of the senate finance committee\nand the chairman and the ranking minority member of the assembly ways\nand means committee an evaluation of the program prepared by an entity\nindependent of the authority. Such evaluation shall be submitted by\nSeptember first, nineteen hundred ninety and by September first every\ntwo years thereafter.\n
N.Y. VAT Law § 3000 — New York Code / Act VAT / Title 12 / Article 49 / Section 3000
Uniformity of interpretation
Status: in_force

§ 3000. Uniformity of interpretation.  Titles one, seven and\nsucceeding titles shall be so interpreted and construed as to effectuate\ntheir general purpose to make uniform the law of those states which\nenact them.\n
N.Y. PBA Law § 1283 — New York Code / Act PBA / Article 5 / Title 12 / Section 1283
Purposes of the corporation
Status: in_force

§ 1283. Purposes of the corporation. 1. The purposes of the\ncorporation shall be the planning, financing, construction, maintenance\nand operation of sewage treatment works, sewage collecting systems, air\npollution control facilities, water management facilities, storm water\ncollecting systems, solid waste disposal facilities and state park\ninfrastructure projects, the construction on behalf of municipalities\nand state agencies of sewage treatment works, sewage collecting systems,\nair pollution control facilities, water management facilities, storm\nwater collecting systems and solid waste disposal facilities, the\nfinancing, for or on behalf of persons, of sewage treatment works, air\npollution control facilities, water management facilities, and solid\nwaste disposal facilities and the making of loans which may, but need\nnot, be secured by mortgage, contracts and other instruments to persons\nfor the planning and construction of sewage treatment works, air\npollution control facilities, water management facilities and solid\nwaste disposal facilities and the assistance of municipalities, state\nagencies and the state in the planning, financing, construction,\nmaintenance and operation of sewage treatment works, sewage collecting\nsystems, air pollution control facilities, water management facilities,\nstorm water collecting systems and solid waste disposal facilities, in\naccordance with the provisions of this title. In addition, the purposes\nof the corporation shall include financing the design, acquisition,\nconstruction, improvement and installation of all or any portion of\nRiverbank Park.\n  2. It is hereby found and declared that such purposes are in all\nrespects for the benefit of the people of the state of New York and the\ncorporation shall be regarded as performing an essential governmental\nfunction in carrying out its purposes and in exercising the powers\ngranted by this title.\n
N.Y. PBA Law § 1988 — New York Code / Act PBA / Article 8 / Title 12 / Section 1988
Effect of inconsistent provisions
Status: in_force

§ 1988. Effect of inconsistent provisions. In so far as the provisions\nof this title are inconsistent with the provisions of any other act,\ngeneral or special, the provisions of this title shall be controlling.\n
N.Y. ENV Law § 71-1201 — New York Code / Act ENV / Article 71 / Title 12 / Section 71-1201
Applicability of title
Status: in_force

§ 71-1201. Applicability of title.\n  The provisions of this title shall be applicable to the enforcement of\narticle twenty-two of this chapter.\n
N.Y. PBA Law § 1280 — New York Code / Act PBA / Article 5 / Title 12 / Section 1280
Short title
Status: in_force

§ 1280. Short title. This title may be cited as the "New York State\nEnvironmental Facilities Corporation Act."\n
N.Y. RSS Law § 109 — New York Code / Act RSS / Article 2 / Title 12 / Section 109
Abandonment of unclaimed contributions; payment to the pension accumulation fund
Status: in_force

§ 109. Abandonment of unclaimed contributions; payment to the pension\naccumulation fund.  a. After at least five years have elapsed since the\nseparation from service of a member who has not vested, for any cause\nother than death or retirement, the comptroller shall send a statement\nto such person at his last known address setting forth the amount of the\naccumulated contributions standing to his credit in the annuity savings\nfund and give notice to said person that unless he demands payment of\nsaid amount prior to a date at least one year from the date the notice\nis given, said accumulated contributions remaining in the annuity\nsavings fund will be deemed abandoned and will be transferred to the\npension accumulation fund.\n  b. After the expiration of at least one year from the date the notice\nis given, the comptroller shall publish in the state bulletin a list\nsetting forth the names of persons who have unclaimed accumulated\ncontributions in the retirement system. At the expiration of six months\nfrom the date of the publication of such list the accumulated\ncontributions of the persons so listed shall be deemed abandoned and\nshall be placed in the pension accumulation fund to be used for the\npurposes of said fund.\n  c. Any accumulated contributions so deemed abandoned and transferred\nto the pension accumulation fund may be claimed by the person who made\nsuch accumulated contributions, or in the event of his death by his\nestate or by such person or persons as he shall have nominated to\nreceive such accumulated contributions, by filing a claim with the\ncomptroller in such form and in such manner as may be prescribed by the\ncomptroller, seeking the return of such abandoned accumulated\ncontributions. In the event such claim is properly made the comptroller\nshall pay over to the person or persons or estate making such claim the\namount of such accumulated contributions without interest. The payment\nshall be made from the pension accumulation fund.\n
N.Y. PBA Law § 1974-A — New York Code / Act PBA / Article 8 / Title 12 / Section 1974-A
Subsidiaries; how created
Status: in_force

§ 1974-a. Subsidiaries; how created. 1. The authority by resolution\nfrom time to time may direct any of its members, officers or employees\nto organize one or more wholly-owned subsidiary corporations pursuant\nand subject to article two, article four or article eleven of the\nprivate housing finance law. Such resolution shall prescribe the\npurposes for which such subsidiary is to be organized.\n  2. The authority may transfer to any subsidiary any money or real or\npersonal or mixed property or any project in order to carry out the\npurposes of this title. Each such subsidiary shall have all the\nprivileges, immunities, tax exemptions and other exemptions of the\nauthority to the extent the same are not inconsistent with the statute\nor statutes pursuant to which such subsidiary was organized. Except as\nmay be inconsistent with the provisions of this title, such subsidiary\nshall have all the rights and powers granted to housing companies by the\nprivate housing finance law and by any other statute pursuant to which\nsuch subsidiary was organized.\n  3. No member or officer of the authority shall receive any additional\ncompensation, either direct or indirect, other than reimbursement for\nactual and necessary expenses incurred in the performance of his duties,\nby reason of his serving as a member, director, trustee or officer of\nany subsidiary.\n
N.Y. LFN Law § 165.20 — New York Code / Act LFN / Article 2 / Title 12 / Section 165.20
Exchange of certain bonds or notes
Status: in_force

§ 165.20 Exchange of certain bonds or notes.  Notwithstanding any\nother provisions of this chapter, the city of New York prior to July\nfirst, nineteen hundred eighty-two shall be authorized to exchange bonds\nor notes of such city for any notes of such city held by the municipal\nassistance corporation for the city of New York as provided in sections\nthree thousand thirty-five and three thousand thirty-seven of the public\nauthorities law.\n
N.Y. SOS Law § 370 — New York Code / Act SOS / Article 5 / Title 12 / Section 370
Community centers and services for senior citizens; when social services official to furnish
Status: in_force

§ 370.  Community centers and services for senior citizens; when\nsocial services official to furnish. 1.  A social services official of a\ncounty, city or town is authorized, provided funds have been made\navailable therefor, to provide at public expense one or more community\ncenters and services for senior citizens residing in his territory who\nare eligible therefor pursuant to the provisions of this title.  Such\ncenters and services may be provided only in cases where it is\ndetermined, under criteria established by the department, that there is\na need therefor.\n  2.  The furnishing of such centers and services is hereby declared to\nbe proper municipal purpose for which the moneys of a county, city or\ntown may be raised and expended.  A county, city or town may receive and\nexpend moneys from the state, the federal government or private\nindividuals, corporations or associations for furnishing such centers\nand services.\n  3.  Community centers and services for senior citizens under this\ntitle may be provided by a social services official either directly or\nthrough the purchase or rental of such centers and services from a\nprivate non-profit corporation, company or association provided they are\noperated and furnished in compliance with regulations of the department.\n