N.Y. ENV Law § 15-1504 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1504
Water withdrawals for agricultural purposes
Status: in_force

§ 15-1504. Water withdrawals for agricultural purposes.\n  1. Applicability.\n  a. This section applies to withdrawals of water for agricultural\npurposes that have been registered with the department pursuant to the\nrequirements of title sixteen of this article or reported to the\ndepartment pursuant to the requirements of title thirty-three of this\narticle on or before February fifteenth, two thousand twelve.\n  b. All persons making a withdrawal of water for agricultural purposes\nshall annually register or report the withdrawal to the department under\nthe provisions of this section by March thirty-first of each year.\n  2. When used in this section:\n  a. "Great Lakes basin" shall mean the watershed of the Great Lakes and\nthe St. Lawrence River, upstream from Trois-Rivieres, Quebec, consisting\nin New York state of the Lake Erie-Niagara River, Lake Ontario minor\ntributaries, Genesee River, Seneca-Oneida-Oswego River, Black River, St.\nLawrence River and Lake Champlain drainage basins.\n  b. "Great Lakes water" shall mean the water contained in the\nwatershed, including the lakes and rivers, of the Great Lakes basin.\n  3. Registration of water withdrawals in the Great Lakes basin.\n  a. All persons withdrawing Great Lakes water for agricultural purposes\nin excess of an average of one hundred thousand gallons per day in any\nconsecutive thirty-day period shall annually register such withdrawal\nwith the department.\n  b. Each registration shall be on a form and contain such information\nas may be prescribed by the department and consist of a statement of and\nsupporting documentation which shall include but not be limited to the\nfollowing:\n  (1) The place and source of the proposed or existing withdrawal;\n  (2) The location of any discharge or return flow;\n  (3) The location and nature of the proposed or existing water use;\n  (4) The actual or estimated average annual and monthly volumes and\nrates of withdrawal; and\n  (5) The actual or estimated average annual and monthly volumes and\nrates of water loss from the withdrawal.\n  c. In calculating the total amount of an existing or proposed\nwithdrawal for the purpose of determining the applicability of this\nsubdivision, a person shall combine all separate withdrawals which the\nperson makes or proposes to make, whether or not such withdrawals are\nfor a single agricultural purpose or are for related but separate\nagricultural purposes.\n  d. Registrations shall be valid for a period of one year.\n  e. A registration may be transferred by submitting a notice of\ntransfer to the department prior to the date of a transfer or change of\nownership of a water withdrawal system associated with a registered\nwithdrawal.\n  f. The department may cooperate with state soil and water conservation\ndistricts for the preparation and distribution of informational\nmaterials to persons who withdraw water for agricultural purposes,\nregarding the purposes, benefits and requirements of this section, and\nwhich may also provide information on complying with the registration\nprogram and on any general or applicable methods for calculating or\nestimating water withdrawals or water loss.\n  4. Water withdrawal reporting.\n  a. Any person who withdraws water for agricultural purposes in excess\nof an average of one hundred thousand gallons per day in any consecutive\nthirty-day period shall annually report to the department. The report\nshall be made on a form and contain such information as may be\nprescribed by the department and shall be based on the water withdrawals\nfor the previous calendar year, and shall include but not be limited to:\n  (1) the water source, the location of the water source and the source\ncapacity if known;\n  (2) the amount of water withdrawn for the reporting period, including\nthe average or peak withdrawals for intervals specified by the\ndepartment;\n  (3) a description of the use of the water withdrawn; and\n  (4) estimated amounts of water to be returned, if any, the locations\nof such returns and the method of such returns.\n  b. The following water withdrawals are exempt from the reporting\nrequirements of this subdivision:\n  (1) a withdrawal registered with the department under subdivision\nthree of this section;\n  (2) a withdrawal permitted pursuant to section 15-1501 of this title;\n  (3) a withdrawal reported to the department under any program that\nrequires the reporting of substantially similar data, including\nwithdrawals regulated by the Susquehanna River Basin Commission and the\nDelaware River Basin Commission;\n  (4) a withdrawal permitted under section 15-1527 of this title;\n  (5) closed loop, standing column, or similar non-extractive geothermal\nheat pumps; and\n  (6) reclaimed wastewater withdrawn for reuse.\n  5. Withdrawals of water for agricultural purposes registered or\nreported to the department under the requirements of this section shall\nbe deemed to be in compliance with the requirements of title sixteen and\ntitle thirty-three of this article, as applicable.\n
N.Y. ENV Law § 27-1519 — New York Code / Act ENV / Article 27 / Title 15 / Section 27-1519
Pilot projects
Status: in_force

§ 27-1519. Pilot projects.\n  The commissioner shall cooperate with the commissioner of health to\ndevelop pilot projects pursuant to subdivision 3 of section 1389-dd of\nthe public health law to promote the safe handling, treatment and\ndisposal of medical waste generated in private residences. The\ncommissioner may exempt these pilot projects from the permitting\nrequirements of this article.\n
N.Y. GOB Law § 5-1509 — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1509
Appointment of monitor
Status: in_force

§ 5-1509. Appointment of monitor. A principal may appoint a monitor or\nmonitors in the power of attorney who shall have the authority to\nrequest, receive and compel the agent to provide a record of all\nreceipts, disbursements and transactions entered into by the agent on\nbehalf of the principal, to request and receive such records held by\nthird parties, and to request and receive a copy of the power of\nattorney. Nothing in this title shall be construed to impose a fiduciary\nduty on the monitor.\n
N.Y. GOB Law § 5-1502C — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1502C
Construction--bond, share and commodity transactions
Status: in_force

§ 5-1502C. Construction--bond, share and commodity transactions. In a\nstatutory short form power of attorney, the language conferring general\nauthority with respect to "bond, share and commodity transactions," must\nbe construed to mean that the principal authorizes the agent:\n  1. To accept as a gift, or as security for a loan, to reject, to\ndemand, to buy, to receive, or otherwise to acquire either ownership or\npossession of, any bond, share, instrument of similar character,\ncommodity interest or any instrument with respect thereto, together with\nthe interest, dividends, proceeds or other distributions connected\ntherewith;\n  2. To sell (including short sales), to exchange, to transfer either\nwith or without a guaranty, to release, to surrender, to hypothecate, to\npledge, to create, modify or revoke a trust to grant options concerning,\nto loan, to trade in, or otherwise to dispose of any bond, share,\ninstrument of similar character, commodity interest or any instrument\nwith respect thereto;\n  3. To release in whole or in part, to assign the whole or a part of,\nto satisfy in whole or in part, and to enforce by action, proceeding or\notherwise, any pledge, incumbrance, lien or other claim as to any bond,\nshare, instrument of similar character, commodity interest or any\ninterest with respect thereto, when such pledge, incumbrance, lien or\nother claim is owned, or claimed to be owned, by the principal;\n  4. To do any act of management or of conservation with respect to any\nbond, share, instrument of similar character, commodity interest or any\ninstrument with respect thereto, owned or claimed to be owned by the\nprincipal or in which the principal has or claims to have an interest,\nincluding by way of illustration, but not of restriction, power to\ninsure against any casualty, liability or loss, to obtain or to regain\npossession or to protect the principal's interest therein by action,\nproceeding or otherwise, to pay, to compromise or to contest taxes or\nassessments, to apply for refunds in connection therewith, to consent to\nand to participate in any reorganization, recapitalization, liquidation,\nmerger, consolidation, sale or lease, or other change in or revival of a\ncorporation or other association, or in the financial structure of any\ncorporation or other association, or in the priorities, voting rights or\nother special rights with respect thereto, to become a depositor with\nany protective, reorganization or similar committee of the bond, share,\nother instrument of similar character, commodity interest or any\ninstrument with respect thereto, belonging to the principal, to make any\npayments reasonably incident to the foregoing, to exercise or to sell\nany option, conversion or similar right, to vote in person or by the\ngranting of a proxy (with or without the power of substitution), either\ndiscretionary, general or otherwise, for the accomplishment of any of\nthe purposes enumerated in this section;\n  5. To carry in the name of a nominee selected by the agent any\nevidence of the ownership of any bond, share, other instrument of\nsimilar character, commodity interest or instrument with respect\nthereto, belonging to the principal;\n  6. To employ, in any way believed to be desirable by the agent, any\nbond, share, other instrument of similar character, commodity interest\nor any instrument with respect thereto, in which the principal has or\nclaims to have any interest, for the protection or continued operation\nof any speculative or margin transaction personally begun or personally\nguaranteed, in whole or in part, by the principal;\n  7. To demand, to receive, to obtain by action, proceeding or\notherwise, any money or other thing of value to which the principal is,\nor may become, or may claim to be entitled as the proceeds of any\ninterest in a bond, share, other instrument of similar character,\ncommodity interest or any instrument with respect thereto, or of one or\nmore of the transactions enumerated in this section, to conserve, to\ninvest, to disburse or to utilize anything so received for purposes\nenumerated in this section, and to reimburse the agent for any\nexpenditures properly made by him in the execution of the powers\nconferred on him by the statutory short form power of attorney;\n  8. To agree and to contract, in any manner, and with any broker or\nother person, and on any terms, which the agent may select, for the\naccomplishment of any of the purposes enumerated in this section, and to\nperform, to rescind, to reform, to release or to modify any such\nagreement or contract or any other similar agreement made by or on\nbehalf of the principal;\n  9. To execute, to acknowledge, to seal and to deliver any consent,\nagreement, authorization, creation, modification or revocation of a\ntrust, assignment, notice, waiver of notice, check, or other instrument\nwhich the agent may think useful for the accomplishment of any of the\npurposes enumerated in this section;\n  10. To execute, to acknowledge and to file any report or certificate\nrequired by law or governmental regulation;\n  11. To prosecute, to defend, to submit to alternative dispute\nresolution, to settle and to propose or to accept a compromise with\nrespect to, any claim existing in favor of, or against, the principal\nbased on or involving any bond, share or commodity transaction or to\nintervene in any action or proceeding relating thereto;\n  12. To hire, to discharge, and to compensate any attorney, accountant,\nexpert witness or other assistant or assistants when the agent shall\nthink such action to be desirable for the proper execution by him of any\nof the powers described in this section, and for the keeping of needed\nrecords thereof; and\n  13. In general, and in addition to all the specific acts in this\nsection enumerated, to do any other act or acts, which the principal can\ndo through an agent, with respect to any interest in any bond, share or\nother instrument of similar character, commodity, or instrument with\nrespect to a commodity.\n  All powers described in this section 5-1502C of the general\nobligations law shall be exercisable equally with respect to any\ninterest in any bond, share or other instrument of similar character,\ncommodity, or instrument with respect to a commodity owned by the\nprincipal at the giving of the power of attorney or thereafter acquired,\nwhether located in the state of New York or elsewhere.\n
N.Y. GOB Law § 5-1501B — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1501B
Creation of a valid power of attorney; when effective
Status: in_force

§ 5-1501B. Creation of a valid power of attorney; when effective.  1.\nTo be valid, except as otherwise provided in section 5-1512 of this\ntitle, a statutory short form power of attorney, or a non-statutory\npower of attorney, executed in this state by a principal, must:\n  (a) Be typed or printed using letters which are legible or of clear\ntype no less than twelve point in size, or, if in writing, a reasonable\nequivalent thereof.\n  (b) Be signed, initialed and dated by a principal with capacity, or in\nthe name of such principal by another person, other than a person\ndesignated as the principal's agent or successor agent, in the\nprincipal's presence and at the principal's direction, in either case\nwith the signature of the person signing duly acknowledged in the manner\nprescribed for the acknowledgment of a conveyance of real property and\nwitnessed by two persons who are not named in the instrument as agents\nor as permissible recipients of gifts, in the manner described in\nsubparagraph two of paragraph (a) of section 3-2.1 of the estate, powers\nand trusts law in the presence of the principal. The person who takes\nthe acknowledgement under this paragraph may also serve as one of the\nwitnesses. When a person signs at the direction of a principal he or she\nshall sign by writing or printing the principal's name, and printing and\nsigning his or her own name.\n  (c) Be signed and dated by any agent acting on behalf of the principal\nwith the signature of the agent duly acknowledged in the manner\nprescribed for the acknowledgment of a conveyance of real property. A\npower of attorney executed pursuant to this section is not invalid\nsolely because there has been a lapse of time between the date of\nacknowledgment of the signature of the principal and the date or dates\nof acknowledgment of the signature or signatures of any agent or agents\nor successor agent or successor agents authorized to act on behalf of\nthe principal or because the principal became incapacitated during any\nsuch lapse of time.\n  (d) Substantially conform to the wording of the:\n  (1) "Caution to the Principal" in paragraph (a) of subdivision one of\nsection 5-1513 of this title; and\n  (2) "Important Information for the Agent" in paragraph (n) of\nsubdivision one of section 5-1513 of this title.\n  2. Insubstantial variation in the wording of the "Caution to the\nPrincipal" of paragraph (a) of subdivision one of section 5-1513 of this\ntitle or of the "Important Information for the Agent" of paragraph (n)\nof subdivision one of section 5-1513 of this title shall not prevent a\npower of attorney from being deemed a statutory short form power of\nattorney or a non-statutory power of attorney.\n  3. (a) The date on which an agent's signature is acknowledged is the\neffective date of the power of attorney as to that agent; provided,\nhowever, that if two or more agents are designated to act together, the\npower of attorney takes effect when all the agents so designated have\nsigned such power of attorney with their signatures acknowledged.\n  (b) If the power of attorney states that it takes effect upon the\noccurrence of a date or a contingency specified in the document, then\nthe power of attorney takes effect only when the date or contingency\nidentified in the document has occurred, and the signature of the agent\nacting on behalf of the principal has been acknowledged. If the document\nrequires that a person or persons named or otherwise identified therein\ndeclare, in writing, that the identified contingency has occurred, such\na declaration satisfies the requirement of this paragraph without regard\nto whether the specified contingency has occurred.\n  4. Nothing of this title shall be construed to bar the use or validity\nof any other or different form of power of attorney desired by a person\nother than a principal as the term principal is defined in section\n5-1501 of this title.\n  5. (a) Notwithstanding any other provision of this section, any\nstatutory short form power of attorney and any statutory gift rider\nexecuted by a principal in the manner conforming with the law in effect\nat the time shall remain valid and enforceable pursuant to section\n5-1504 of this title, even if signed by an agent at a later date,\nincluding but not limited to, being signed on or after June thirteenth,\ntwo thousand twenty-one.\n  (b) Any revocation of a power of attorney that was delivered to an\nagent shall remain in effect pursuant to this subdivision.\n  6. Nothing in this title shall prohibit the execution of a valid power\nof attorney for the purpose of transferring a salvage certificate of\ntitle and the execution of an odometer and damage disclosure statement\nin connection with such title by electronic means pursuant to article\nthree of the state technology law.\n
N.Y. ENV Law § 17-1513 — New York Code / Act ENV / Article 17 / Title 15 / Section 17-1513
Remedy for purchaser of one parcel of unapproved realty subdivision
Status: in_force

§ 17-1513. Remedy for purchaser of one parcel of unapproved realty\n             subdivision.\n  1. The owner of a parcel of land acquired as one parcel for\nresidential purposes may apply to the department or local health\ndepartment having jurisdiction for a certificate approving the sewage\nfacilities for said parcel as adequate and satisfactory.  The\napplication shall include the description of the parcel as specified in\nthe instrument, by which owner acquired title.\n  2. The proper department shall entertain said application and issue\nsaid certificate providing the sewage facilities will not, in the\nopinion of such department, result in the contravention of standards\nadopted for and assigned to the receiving waters pursuant to this\nchapter, or be injurious to public health for the public enjoyment of\nsaid waters, the propagation and protection of fish and wild life or the\nindustrial development of the state or result in the exposure of sewage\non the ground surface or impair the quality of the ground water for\ndrinking purposes or otherwise create a nuisance, or menace or potential\nmenace to health.\n  3. The certificate approving the sewage facilities for said parcel\nshall contain the name of the owner-applicant and the description of the\nproperty set forth in the application. The owner shall append the\ncertificate of approval to a verified petition directed to the county\nclerk of the county wherein the property is located, praying that the\npetition and certificate of approval annexed be recorded and indexed\nagainst the owner-petitioner.\n  4. The county clerk upon receiving the petition with annexed\ncertificate of approval, and upon tender of the lawful recording fees,\nshall record the same in his office and index it against the\nowner-petitioner. The recording of the petition with annexed certificate\nof approval shall be deemed compliance with section 17-1505, for the\nparcel described.\n  5. a. This section shall apply only to a single residential lot which\nwas acquired without having complied with the provisions of former\nsection 89 of the Public Health Law or section 17-1505 of this title but\nwas:\n  1. acquired by the owner-applicant prior to January first, nineteen\nhundred seventy-one; or\n  2. acquired by the owner-applicant through devise or intestate\nsuccession; or\n  3. not at the time of acquisition of title by the owner-applicant, a\npart of a subdivision, as such term is defined in section 17-1501 of\nthis title.\n  b. In addition, this section shall apply to a single residential lot\nwhich the appropriate department deems proper for approval because of\nhardship or other special circumstances established to its satisfaction\nby the owner-applicant.\n
N.Y. ENV Law § 15-1511 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1511
Procedure on approval of application with respect to forest preserve reservoir projects
Status: in_force

§ 15-1511. Procedure on approval of application with respect to forest\n             preserve reservoir projects.\n  1. The decision of the department on an application shall be certified\nto the applicant. Thereafter, and at any time within five years of the\ndate of the decision, the applicant may petition the department that it\nconstruct the reservoir and appurtenant works in accordance with the\napproved plans. Such petition shall be in writing and shall be\naccompanied by plans and specifications for the structures to be built\nand such other papers as may be necessary to show to the satisfaction of\nthe department that the project in all respects conforms to the\nrequirements of the decision of the department. The department may\npermit minor modifications in the plans or specifications, provided that\nthe general features of the project as first approved are not changed.\n  2. If the department decides that the project which it is asked to\nbuild is in conformity with the provisions of its decision upon the\noriginal application it shall advertise for proposals for doing the\nwork. Upon the receipt of such proposals, the department shall make a\nfinal determination of the probable cost of the project and shall\nrequire the applicant to state that it desires the work to proceed, and\nto show that it has available sufficient funds to defray the total cost\nthereof. If the applicant desires to carry out the project and the\ndepartment is satisfied that sufficient funds are available for the\npurpose, the department shall thereupon let contracts for and proceed\nwith the construction of the works.\n  3. In obtaining proposals and letting contracts for and in the\nprosecution of this work the department shall be governed by the\nprovisions of title 19 of this article, insofar as they may be\napplicable to the provisions of this part of article 15.\n
N.Y. GOB Law § 5-1512 — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1512
Powers of attorney executed in other jurisdictions
Status: in_force

§ 5-1512. Powers of attorney executed in other jurisdictions.\nNotwithstanding the provisions of section 5-1501B of this title, a power\nof attorney executed in another state or jurisdiction in compliance with\nthe law of that state or jurisdiction or the law of this state is valid\nin this state, regardless of whether the principal is a domiciliary of\nthis state. A power of attorney that complies with section 5-1501B of\nthis title and is executed in another state or jurisdiction by a\ndomiciliary of this state is valid in this state. A power of attorney\nexecuted in this state by a domiciliary of another state or jurisdiction\nin compliance with the law of that state or jurisdiction or the law of\nthis state is valid in this state.\n
N.Y. ENV Law § 27-1511 — New York Code / Act ENV / Article 27 / Title 15 / Section 27-1511
Standards applicable to transporter of regulated medical waste
Status: in_force

§ 27-1511. Standards applicable to transporter of regulated medical\n             waste.\n  1. The commissioner shall promulgate regulations establishing such\nstandards as shall be applicable to transporters of regulated medical\nwaste identified or listed under this title, as may be necessary to\nprotect human health and the environment. Such standards shall include,\nbut need not be limited to, requirements respecting:\n  a. Record keeping practices that accurately identify the regulated\nmedical wastes transported, their sources and delivery points, including\ncertification of compliance with the program to be promulgated under\nsection 27-1504 of this title;\n  b. Transportation of all such regulated medical waste only to the\nfacility or facilities approved by the department; and\n  c. Proof of ownership and inspection of vehicles used in transporting\nregulated medical waste, proof of liability insurance or other form of\nfinancial security deemed sufficient by the commissioner to meet all\nresponsibilities in case of release of such waste causing damage as a\ncondition to the issuance of a permit to a transporter as required by\nthis section.\n  2. Except as provided in paragraph a of this subdivision, no person\nshall engage in the transportation of regulated medical wastes without\nfirst complying with the requirements of standards promulgated by the\ncommissioner pursuant to subdivision one of this section and obtaining a\npermit issued by the department. The commissioner shall assure that\npermits authorizing regulated medical waste transportation are not held\nby unqualified or unsuitable persons pursuant to section 27-1517 of this\ntitle.\n  a. (i) No permit shall be required for the transportation by the\ngenerator of less than fifty pounds per month of regulated medical waste\nor by authorized employees of such generator acting on behalf of and\nunder the supervision of the generator provided that (1) such waste is\nbeing transported from the point of generation for treatment or disposal\nto a facility approved by the department, (2) such person shall comply\nwith the requirements of section 27-1510 of this title, (3) the\ngenerator shall have registered with the department in a form prescribed\nby the commissioner, which registration, at a minimum, shall designate\nthe treatment or disposal facility and the employees acting on behalf of\nor under the supervision of the generator, and (4) such person would not\notherwise be subject to an adverse determination under section 27-1517\nof this title.\n  (ii) The commissioner may, after consultation with the commissioner of\nhealth, exempt a generator from the waste transporter program fees\npursuant to section 72-0502 of this chapter upon a showing by such\ngenerator that compliance with such requirements would create a hardship\non the generator's business activities. The commissioner shall\npromulgate guidelines for the purpose of determining the circumstances\nunder which such exemption may be granted. Such exemption shall be\nreviewed periodically as specified by the commissioner but at least once\nevery two years. Any exemption granted hereunder may be revoked after\ndue notice and opportunity for hearing for a violation of any provision\nof this title or other applicable laws, rules or regulations relating to\nthe transportation of regulated wastes or upon a showing that the\nexempted generator no longer meets the requisite guidelines for\nexemption.\n  b. A generator of regulated medical waste may obtain a permit pursuant\nto this title to transport regulated medical waste.\n  c. The department may make rules and regulations implementing this\nsection in order to carry out and enforce the intent and purposes\nthereof. Such rules and regulations and the provisions of article 70 of\nthis chapter and rules and regulations adopted thereunder shall govern\npermit applications, permit conditions, renewals, modifications,\nsuspensions and revocations under this section. The responsibility for\nthe issuance and review of permits and the enforcement of the provisions\nof this section may be delegated to regional, district or county offices\nof the state department of health, or to local health departments where\ntheir jurisdiction may apply.\n  d. Applications filed pursuant to this section shall indicate the\nmechanical and other equipment, holding tanks and vehicles and any place\nof temporary storage used or to be used by the applicant and the place\nor places where and the manner in which the applicant will finally\ndispose of the regulated medical wastes, and such other information as\nthe department deems necessary. If the department determines that the\nproposed method of transportation, the place or manner in which the\nwaste product is to be treated, stored or disposed of or the method or\nlocation of temporary storage will be detrimental to the protection of\npublic health or substantially damage or pollute the environment or\nnatural resources of the state, it may deny the permit or may impose\nsuch permit conditions as may be necessary.\n  e. As a condition for the permit or the exemption therefrom the\ndepartment shall require the transporter to make an annual report to the\ndepartment, indicating the number and type of generators served, the\nvolume and nature of waste products disposed of, and the place and\nmanner in which such waste products were finally disposed, and such\nother information as the department may require.\n  f. Such permit shall be renewed annually. The fees for such permit or\nrenewal shall be those established pursuant to section 72-0502 of this\nchapter. A renewal may be denied by the department for failure of the\napplicant to properly report as provided in paragraph e of this\nsubdivision.\n  g. The department may suspend or revoke any permit upon proof that the\npermittee has been found guilty of a violation of the provisions of this\nsection as provided in title 44 of article 71 of this chapter, or if the\ndepartment determines that the permittee has violated the provisions of\nthis section, the rules and regulations implementing it or the rules and\nregulations adopted to implement article 70 of this chapter.\n  3. A transporter of regulated medical waste who has been granted a\npermit by the department for such activity shall notify the department\nwithin thirty days of the following occurrences:\n  a. Any change of substantial interest in ownership or indirect\nownership or any change in name or location.\n  b. Ownership or control of a vehicle or container certified by the\ndepartment is changed.\n  c. A truck, trailer, semitrailer, vacuum tank, cargo tank, or\ncontainer certified by the department is involved in any spill, or in an\naccident which renders or may have rendered the vehicle or container in\nnoncompliance with the requirements of this section.\n
N.Y. PBA Law § 2326-A — New York Code / Act PBA / Article 8 / Title 15 / Section 2326-A
Special provisions applicable to state sales and compensating use taxes and certain types of facilities
Status: in_force

§ 2326-a. Special provisions applicable to state sales and\ncompensating use taxes and certain types of facilities. The provisions\nof section eight hundred seventy-five of the general municipal law shall\napply to the provisions of this title and to the authority created by\nthis title with the same force and effect as if the provisions of such\nsection eight hundred seventy-five had been incorporated in full into\nthis title and had expressly referred to the provisions of this title\nand to such authority, with such changes to such section as are\nnecessary to refer to the provisions of this title and to the authority\ncreated by this title.\n
N.Y. GOB Law § 5-1506 — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1506
Compensation
Status: in_force

§ 5-1506. Compensation. 1. An agent is not entitled to receive\ncompensation from the assets of the principal for responsibilities\nperformed under a power of attorney unless the principal specifically\nprovides for compensation in the power of attorney.\n  2. An agent shall be entitled to receive reimbursement from the assets\nof the principal for reasonable expenses actually incurred in connection\nwith the performance of the agent's responsibilities.\n
N.Y. GOB Law § 5-1513 — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1513
Statutory short form power of attorney
Status: in_force

§ 5-1513. Statutory short form power of attorney. The use of the\nfollowing form, or one which substantially conforms to the following\nform, in the creation of a power of attorney is lawful, and, when used,\nand executed in accordance with subdivision one of section 5-1501B of\nthis title, it shall be construed as a statutory short form power of\nattorney in accordance with the provisions of this title; provided\nhowever, that any section indicated as "Optional" which is not used may\nbe omitted and replaced by the words "Intentionally Omitted":\n            "POWER OF ATTORNEY NEW YORK STATUTORY SHORT FORM\n  (a) CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important\ndocument. As the "principal," you give the person whom you choose (your\n"agent") authority to spend your money and sell or dispose of your\nproperty during your lifetime without telling you. You do not lose your\nauthority to act even though you have given your agent similar\nauthority.\n  When your agent exercises this authority, he or she must act according\nto any instructions you have provided or, where there are no specific\ninstructions, in your best interest. "Important Information for the\nAgent" at the end of this document describes your agent's\nresponsibilities.\n  Your agent can act on your behalf only after signing the Power of\nAttorney before a notary public.\n  You can request information from your agent at any time. If you are\nrevoking a prior Power of Attorney, you should provide written notice of\nthe revocation to your prior agent(s) and to any third parties who may\nhave acted upon it, including the financial institutions where your\naccounts are located.\n  You can revoke or terminate your Power of Attorney at any time for any\nreason as long as you are of sound mind. If you are no longer of sound\nmind, a court can remove an agent for acting improperly.\n  Your agent cannot make health care decisions for you. You may execute\na "Health Care Proxy" to do this.\n  The law governing Powers of Attorney is contained in the New York\nGeneral Obligations Law, Article 5, Title 15. This law is available at a\nlaw library, or online through the New York State Senate or Assembly\nwebsites, www.nysenate.gov or www.nyassembly.gov.\n  If there is anything about this document that you do not understand,\nyou should ask a lawyer of your own choosing to explain it to you.\n(b) DESIGNATION OF AGENT(S):\nI, _______________________________________________, hereby appoint:\n      name and address of principal\n_____________________________________________________as my agent(s)\n      name(s) and address(es) of agent(s)\n  If you designate more than one agent above and you do not initial the\nstatement below, they must act together.\n      ( ) My agents may act SEPARATELY.\n(c) DESIGNATION OF SUCCESSOR AGENT(S): (OPTIONAL)\n  If any agent designated above is unable or unwilling to serve, I\nappoint as my successor agent(s):\n  _______________________________________________________________\n  name(s) and address(es) of successor agent(s)\n  If you do not initial the statement below, successor agents designated\nabove must act together.\n      ( ) My successor agents may act SEPARATELY.\n  You may provide for specific succession rules in this section. Insert\nspecific succession provisions here:\n(d) This POWER OF ATTORNEY shall not be affected by my subsequent\nincapacity unless I have stated otherwise below, under "Modifications".\n(e) This POWER OF ATTORNEY DOES NOT REVOKE any Powers of Attorney\npreviously executed by me unless I have stated otherwise below, under\n"Modifications."\n(f) GRANT OF AUTHORITY:\n  To grant your agent some or all of the authority below, either\n      (1) Initial the bracket at each authority you grant, or\n      (2) Write or type the letters for each authority you grant on the\n      blank line at (P), and initial the bracket at (P). If you initial\n      (P), you do not need to initial the other lines.\n        I grant authority to my agent(s) with respect to the following\n      subjects as defined in sections 5-1502A through 5-1502N of the New\n      York General Obligations Law:\n      ( ) (A) real estate transactions;\n      ( ) (B) chattel and goods transactions;\n      ( ) (C) bond, share, and commodity transactions;\n      ( ) (D) banking transactions;\n      ( ) (E) business operating transactions;\n      ( ) (F) insurance transactions;\n      ( ) (G) estate transactions;\n      ( ) (H) claims and litigation;\n      ( ) (I) personal and family maintenance. If you grant your agent\n      this authority, it will allow the agent to make gifts that you\n      customarily have made to individuals, including the agent, and\n      charitable organizations. The total amount of all such gifts in\n      any one calendar year cannot exceed five thousand dollars;\n      ( ) (J) benefits from governmental programs or civil or military\n                service;\n      ( )(K) financial matters related to health care; records, reports,\n                and statements;\n      ( )(L) retirement benefit transactions;\n      ( )(M) tax matters;\n      ( )(N) all other matters;\n      ( )(O) full and unqualified authority to my agent(s) to delegate\n      any or all of the foregoing powers to any person or persons whom\n      my agent(s) select;\n      ( )(P) EACH of the matters identified by the following\n      letters______.\nYou need not initial the other lines if you initial line (P).\n(g) CERTAIN GIFT TRANSACTIONS: (OPTIONAL)\n  In order to authorize your agent to make gifts in excess of an annual\ntotal of $5,000 for all gifts described in (I) of the grant of authority\nsection of this document (under personal and family maintenance), and/or\nto make changes to interest in your property, you must expressly grant\nthat authorization in the Modifications section below. If you wish to\nauthorize your agent to make gifts to himself or herself, you must\nexpressly grant such authorization in the Modifications section below.\nGranting such authority to your agent gives your agent the authority to\ntake actions which could significantly reduce your property and/or\nchange how your property is distributed at your death. Your choice to\ngrant such authority should be discussed with a lawyer.\n  ( ) I grant my agent authority to make gifts in accordance with the\nterms and conditions of the Modifications that supplement this Statutory\nPower of Attorney.\n  (h) MODIFICATIONS: (OPTIONAL)\n  In this section, you may make additional provisions, including, but\nnot limited to, language to limit or supplement authority granted to\nyour agent, language to grant your agent the specific authority to make\ngifts to himself or herself, and/or language to grant your agent the\nspecific authority to make other gift transactions and/or changes to\ninterests in your property. Your agent is entitled to be reimbursed from\nyour assets for reasonable expenses incurred on your behalf. In this\nsection, you may make additional provisions if you ALSO wish your\nagent(s) to be compensated from your assets for services rendered on\nyour behalf, and you may define "reasonable compensation."\n(i) DESIGNATION OF MONITOR(S): (OPTIONAL)\n  If you wish to appoint monitor(s), initial and fill in the section\nbelow:\n  ( ) I wish to designate ______________________, whose address(es) is\n(are) ____________________________________________________________, as\nmonitor(s). Upon the request of the monitor(s), my agent(s) must provide\nthe monitor(s) with a copy of the power of attorney and a record of all\ntransactions done or made on my behalf. Third parties holding records of\nsuch transactions shall provide the records to the monitor(s) upon\nrequest.\n(j) COMPENSATION OF AGENT(S):\n  Your agent is entitled to be reimbursed from your assets for\nreasonable expenses incurred on your behalf. If you ALSO wish your\nagent(s) to be compensated from your assets for services rendered on\nyour behalf, and/or you wish to define "reasonable compensation", you\nmay do so above, under "Modifications".\n(k) ACCEPTANCE BY THIRD PARTIES: I agree to indemnify the third party\nfor any claims that may arise against the third party because of\nreliance on this Power of Attorney. I understand that any termination of\nthis Power of Attorney, whether the result of my revocation of the Power\nof Attorney or otherwise, is not effective as to a third party until the\nthird party has actual notice or knowledge of the termination.\n(l) TERMINATION: This Power of Attorney continues until I revoke it or\nit is terminated by my death or other event described in section 5-1511\nof the General Obligations Law.\n  Section 5-1511 of the General Obligations Law describes the manner in\nwhich you may revoke your Power of Attorney, and the events which\nterminate the Power of Attorney.\n(m) SIGNATURE AND ACKNOWLEDGMENT: In Witness Whereof I have hereunto\nsigned my name on ___________,20___.\nPRINCIPAL signs here: ==>__________________________________________\n(acknowledgment)\n(n) SIGNATURES OF WITNESSES:\n  By signing as a witness, I acknowledge that the principal signed the\nPower of Attorney in my presence and in the presence of the other\nwitness, or that the principal acknowledged to me that the principal's\nsignature was affixed by him or her or at his or her direction. I also\nacknowledge that the principal has stated that this Power of Attorney\nreflects his or her wishes and that he or she has signed it voluntarily.\nI am not named herein as an agent or as a permissible recipient of\ngifts.\n_____________________________________________________________\nSignature of Witness 1                        Signature of Witness 2\n____________________________________________________________\nDate                                          Date\n____________________________________________________________\nPrint name                                    Print name\n____________________________________________________________\nAddress                                       Address\n____________________________________________________________\nCity, State, Zip Code                           City, State, Zip Code\n  (o) IMPORTANT INFORMATION FOR THE AGENT:\n  When you accept the authority granted under this Power of Attorney, a\nspecial legal relationship is created between you and the principal.\nThis relationship imposes on you legal responsibilities that continue\nuntil you resign or the Power of Attorney is terminated or revoked. You\nmust:\n  (1) act according to any instructions from the principal, or, where\nthere are no instructions, in the principal's best interest;\n  (2) avoid conflicts that would impair your ability to act in the\nprincipal's best interest;\n  (3) keep the principal's property separate and distinct from any\nassets you own or control, unless otherwise permitted by law;\n  (4) keep a record of all transactions conducted for the principal or\nkeep all receipts of payments and transactions conducted for the\nprincipal; and\n  (5) disclose your identity as an agent whenever you act for the\nprincipal by writing or printing the principal's name and signing your\nown name as "agent" in either of the following manners: (Principal's\nName) by (Your Signature) as Agent, or (your signature) as Agent for\n(Principal's Name).\n  You may not use the principal's assets to benefit yourself or anyone\nelse or make gifts to yourself or anyone else unless the principal has\nspecifically granted you that authority in the modifications section of\nthis document or a Non-Statutory Power of Attorney. If you have that\nauthority, you must act according to any instructions of the principal\nor, where there are no such instructions, in the principal's best\ninterest. You may resign by giving written notice to the principal and\nto any co-agent, successor agent, monitor if one has been named in this\ndocument, or the principal's guardian if one has been appointed. If\nthere is anything about this document or your responsibilities that you\ndo not understand, you should seek legal advice.\n  Liability of agent:\n  The meaning of the authority given to you is defined in New York's\nGeneral Obligations Law, Article 5, Title 15. If it is found that you\nhave violated the law or acted outside the authority granted to you in\nthe Power of Attorney, you may be liable under the law for your\nviolation.\n(p) AGENT'S SIGNATURE AND ACKNOWLEDGMENT OF APPOINTMENT:\n  It is not required that the principal and the agent(s) sign at the\nsame time, nor that multiple agents sign at the same time.\nI/we, ___________________________________________, have read the\nforegoing Power of Attorney. I am/we are the person(s) identified\ntherein as agent(s) for the principal named therein.\nI/we acknowledge my/our legal responsibilities.\nIn Witness Whereof I have hereunto signed my name on ________________\n20_____.\nAgent(s) sign(s) here:==>__________________________________________\n(acknowledgment(s))\n(q) SUCCESSOR AGENT'S SIGNATURE AND ACKNOWLEDGMENT OF APPOINTMENT:\n  It is not required that the principal and the SUCCESSOR agent(s), if\nany, sign at the same time, nor that multiple SUCCESSOR agents sign at\nthe same time. Furthermore, successor agents can not use this power of\nattorney unless the agent(s) designated above is/are unable or unwilling\nto serve.\nI/we, ___________________________________________, have read the\nforegoing Power of Attorney. I am/we are the person(s) identified\ntherein as SUCCESSOR agent(s) for the principal named therein.\nIn Witness Whereof I have hereunto signed my name on ________________\n20_____.\nSuccessor Agent(s) sign(s) here:==>______________________________________\n(acknowledgment(s))"\n
N.Y. ENV Law § 21-1511 — New York Code / Act ENV / Article 21 / Title 15 / Section 21-1511
Audit
Status: in_force

* § 21-1511. Audit.\n  Pursuant to section 6.1 of the mid-Atlantic states air pollution\ncontrol compact, the state Comptroller is hereby authorized and\nempowered from time to time to examine the accounts and books of the\ncommission, including its receipts, disbursements and such other items\nreferring to its financial standing as the Comptroller may deem proper\nand to report the results of such examination to the Governor.\n* NB Denied Congressional consent; preempted by enactment of federal Air\n       Quality Act of 1967 (81 stat. 485)\n
N.Y. GOB Law § 5-1502B — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1502B
Construction--chattel and goods transactions
Status: in_force

§ 5-1502B. Construction--chattel and goods transactions. In a\nstatutory short form power of attorney, the language conferring general\nauthority with respect to "chattel and goods transactions," must be\nconstrued to mean that the principal authorizes the agent:\n  1. To accept as a gift, or as security for a loan, to reject, to\ndemand, to buy, to receive, or otherwise to acquire either ownership or\npossession of, any chattel or goods or any interest in any chattel or\ngoods;\n  2. To sell, to exchange, to convey either with or without covenants,\nto release, to surrender, to mortgage, to incumber, to pledge, to\nhypothecate, to pawn, to create, modify or revoke a trust to grant\noptions concerning, to lease or to sublet to others, or otherwise to\ndispose of any chattel or goods or any interest in any chattel or goods;\n  3. To release in whole or in part, to assign the whole or a part of,\nto satisfy in whole or in part, and to enforce by action, proceeding or\notherwise, any mortgage, incumbrance, lien or other claim, which exists,\nor is claimed to exist, in favor of the principal, with respect to any\nchattel or goods or any interest in any chattel or goods;\n  4. To do any act of management or of conservation, with respect to any\nchattel or goods or to any interest in any chattel or goods owned, or\nclaimed to be owned, by the principal, including by way of illustration,\nbut not of restriction, power to insure against any casualty, liability\nor loss, to obtain or to regain possession, or to protect such chattel\nor goods or interest in any chattel or goods, by action, proceeding or\notherwise, to pay, to compromise or to contest taxes or assessments, to\napply for refunds in connection therewith, to move from place to place,\nto store for hire or on a gratuitous bailment, to use, to alter, and to\nmake repairs or alterations of any such chattel or goods, or interest in\nany chattel or goods;\n  5. To demand, to receive, to obtain by action, proceeding or\notherwise, any money or other thing of value to which the principal is,\nor may become, or may claim to be entitled as the proceeds of a chattel\nor goods or of any interest in any chattel or goods, or of one or more\nof the transactions enumerated in this section, to conserve, to invest,\nto disburse or to utilize anything so received for purposes enumerated\nin this section, and to reimburse the agent for any expenditures\nproperly made by him in the execution of the powers conferred on him by\nthe statutory short form power of attorney;\n  6. To agree and to contract, in any manner, and with any person and on\nany terms, which the agent may select, for the accomplishment of any of\nthe purposes enumerated in this section, and to perform, to rescind, to\nreform, to release or to modify any such agreement or contract or any\nother similar agreement or contract made by or on behalf of the\nprincipal;\n  7. To execute, to acknowledge, to seal and to deliver any conveyance,\nmortgage, lease, creation, revocation or modification of a trust,\nnotice, check or other instrument which the agent may think useful for\nthe accomplishment of any of the purposes enumerated in this section;\n  8. To prosecute, to defend, to submit to alternative dispute\nresolution, to settle, and to propose or to accept a compromise with\nrespect to, any claim existing in favor of, or against, the principal\nbased on or involving any chattel or goods transaction or to intervene\nin any action or proceeding relating thereto;\n  9. To hire, to discharge, and to compensate any attorney, accountant,\nexpert witness or other assistant or assistants when the agent shall\nthink such action to be desirable for the proper execution by him of any\nof the powers described in this section, and for the keeping of needed\nrecords thereof; and\n  10. In general, and in addition to all the specific acts in this\nsection enumerated, to do any other act or acts, which the principal can\ndo through an agent, with respect to any chattel or goods or interest in\nany chattel or goods.\n  All powers described in this section 5-1502B of the general\nobligations law shall be exercisable equally with respect to any chattel\nor goods or interest in any chattel or goods owned by the principal at\nthe giving of the power of attorney or thereafter acquired, and whether\nlocated in the state of New York or elsewhere.\n
N.Y. GOB Law § 5-1501A — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1501A
Power of attorney not affected by incapacity
Status: in_force

§ 5-1501A. Power of attorney not affected by incapacity. 1. A power of\nattorney is durable unless it expressly provides that it is terminated\nby the incapacity of the principal.\n  2. The subsequent incapacity of a principal shall not revoke or\nterminate the authority of an agent who acts under a durable power of\nattorney. All acts done during any period of the principal's incapacity\nby an agent pursuant to a durable power of attorney shall have the same\neffect and inure to the benefit of and bind a principal and his or her\ndistributees, devisees, legatees and personal representatives as if such\nprincipal had capacity. If a guardian is thereafter appointed for such\nprincipal, such agent, during the continuance of the appointment, shall\naccount to the guardian rather than to such principal.\n
N.Y. ENV Law § 17-1515 — New York Code / Act ENV / Article 17 / Title 15 / Section 17-1515
Regulation by commissioner
Status: in_force

§ 17-1515. Regulation by commissioner.\n  The commissioner may from time to time establish by rule or regulation\nstandards for subdivisions necessary to effect the purposes of this\ntitle and not inconsistent with regulations of a city, county or\npart-county department of health having jurisdiction, now or hereafter\nadopted pursuant to law. In the event of and to the extent of such\ninconsistency, the standards established by the commissioner shall be\ndeemed inapplicable.\n
N.Y. ENV Law § 54-1501 — New York Code / Act ENV / Article 54 / Title 15 / Section 54-1501
Definition
Status: in_force

§ 54-1501. Definition.\n  For purposes of this title, "climate smart community projects" shall\nmean adaptation and mitigation projects, including flood mitigation and\ncoastal and riparian resiliency, greenhouse gas reductions outside the\npower sector and climate change adaptation planning, and clean vehicle\nprojects.\n
N.Y. ENV Law § 33-1503 — New York Code / Act ENV / Article 33 / Title 15 / Section 33-1503
Procedure following seizure
Status: in_force

§ 33-1503. Procedure following seizure.\n  1. Whenever the commissioner finds, or has probable cause to believe,\nthat any pesticide is adulterated or misbranded or improperly labeled,\nor is not colored within the meaning of this article, or is not\nregistered as required under this article, or for which a permit has not\nbeen issued for its sale, offer for sale, purchase, possession or use as\nrequired by this article, he may affix to such pesticide a tag or other\nappropriate marking giving notice that such pesticide is or is suspected\nof being adulterated or misbranded, or improperly labeled, or not\ncolored, or not registered as required under this article, or for which\na permit has not been issued for its sale, offer for sale, purchase,\npossession or use as required by this article, and has been quarantined,\nand warning all persons not to remove or dispose of such pesticide, by\nsale or otherwise, until permission for removal or disposal is given by\nthe commissioner or his duly authorized representative.\n  2. Before destruction of any pesticide following seizure or\nquarantine, the commissioner shall give the owner, proprietor or\ncustodian of such pesticide ten days' notice in writing, to be served\neither personally or by mail, of a hearing for the owner, proprietor, or\ncustodian, to show cause why such pesticide should not be destroyed or\notherwise disposed of in accordance with the provisions of law.\n  3. Following such hearing, the commissioner shall render a decision in\nwriting and filed with the department, and a copy thereof shall be\nserved either personally or by mail on the owner, proprietor, or\ncustodian of such pesticide, but formal findings of fact shall not be\nrequired to be made or filed. The decision shall be subject to review\nunder article 78 of the Civil Practice Law and Rules instituted within\nthirty days after receipt by the owner, proprietor or custodian of such\npesticide of a copy of the commissioner's decision.\n  4. Whenever any pesticide is seized or quarantined as provided in this\nsection, the destruction and disposition thereof, together with any\nnecessary storage, handling or other incidentals between the time of\nseizure or quarantine and the destruction and disposition thereof, shall\nbe the responsibility, both financially and otherwise, of the owner,\nproprietor or custodian of such pesticide; provided, however, that such\ndestruction and disposition shall be carried out only under the\ndirection and immediate supervision of the commissioner or his duly\nauthorized representative.\n
N.Y. PBA Law § 2329 — New York Code / Act PBA / Article 8 / Title 15 / Section 2329
Equal opportunity
Status: in_force

§ 2329. Equal opportunity. 1. The authority shall ensure that all\nemployees and applicants for employment are afforded equal employment\nopportunity without discrimination.\n  2. Except as is otherwise provided by collective bargaining contracts\nor agreements, new employment opportunities created as a result of\nprojects of the agency shall be listed with the New York state\ndepartment of labor community services division, and with the\nadministrative entity of the service delivery area created by the\nfederal job training partnership act (P.L. No. 97-300) in which the\nproject is located. Except as is otherwise provided by collective\nbargaining contracts or agreements, sponsors of projects shall agree,\nwhere practicable, to first consider persons eligible to participate in\nfederal job training partnership (P.L. No. 97-300) programs who shall be\nreferred by administrative entities of service delivery areas created\npursuant to such act or by the community services division of the\ndepartment of labor for such new employment opportunities.\n
N.Y. ENV Law § 71-1501 — New York Code / Act ENV / Article 71 / Title 15 / Section 71-1501
Applicability of this title
Status: in_force

§ 71-1501. Applicability of this title.\n  In addition to the provisions of sections 71-0101 and 71-0301 of this\narticle, the provisions of this title shall apply to the enforcement of\ntitle 25 of article 27 of this chapter.\n
N.Y. ENV Law § 17-1501 — New York Code / Act ENV / Article 17 / Title 15 / Section 17-1501
Definitions
Status: in_force

§ 17-1501. Definitions.\n  1. As used in sections 17-1501 to 17-1505, inclusive, and sections\n17-1509 and 17-1511, the word "subdivision" shall mean any tract of land\nwhich is divided into five or more parcels, after the effective date of\nthis act, along any existing or proposed street(s), highway(s),\neasement(s) or right(s)-of-way for sale or for rent as residential lots\nor residential building plots, and in the county of Suffolk also as\nbusiness, commercial or industrial lots or building plots, regardless of\nwhether the lots or plots to be sold or offered for sale, or leased for\nany period of time, are described by metes and bounds or by reference to\na map or survey of the property or by any other method of description\nand regardless of whether the lots or plots are contiguous.  A tract of\nland shall constitute a subdivision upon the sale, rental or offer for\nsale or lease of the fifth residential lot or residential building plot\ntherefrom within any consecutive three year period, and at this time the\nprovisions of section 17-1505 of this chapter shall apply to all such\nparcels thereof, including the first four parcels, regardless of whether\nsaid parcels have been sold, rented or offered for sale or lease singly\nor collectively.\n  2. The word "tract" shall mean any body of land, including contiguous\nparcels of land, under one ownership or under common control of any\ngroup of persons acting in concert as part of a common scheme or plan.\n  3. "Residential lot" or "residential building plot" shall mean any\nparcel of land of five acres or less, any point on the boundary line of\nwhich is less than one-half mile from any point on the boundary line of\nanother such lot in the same tract, unless any such lot may not legally\nbe used for residential purposes. Without limiting the generality of the\nforegoing, the term "residential" shall include temporary, seasonal and\npermanent residential use.\n  4. For the purposes of this title sewage shall be defined as any\nsubstance, solid or liquid that contains any of the waste products or\nexcrementitious or other wastes or washings from the bodies of human\nbeings or animals.\n
N.Y. GOB Law § 5-1501 — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1501
Application and definitions
Status: in_force

§ 5-1501. Application and definitions. 1. This title shall apply to\nall powers of attorney except powers of attorney excluded from this\ntitle by section 5-1501C of this title.\n  2. As used in this title the following terms shall have the following\nmeanings:\n  (a) "Agent" means a person granted authority to act as\nattorney-in-fact for the principal under a power of attorney, and\nincludes the original agent and any co-agent or successor agent. Unless\nthe context indicates otherwise, an "agent" designated in a power of\nattorney shall mean "attorney-in-fact" for the purposes of this title.\nAn agent acting under a power of attorney has a fiduciary relationship\nwith the principal.\n  (b) "Benefits from governmental programs or civil or military service"\nmeans any benefit, program or assistance provided under a statute or\ngovernmental regulation, including social security, medicare and\nmedicaid.\n  (c) "Capacity" means ability to comprehend the nature and consequences\nof the act of executing and granting, revoking, amending or modifying a\npower of attorney, any provision in a power of attorney, or the\nauthority of any person to act as agent under a power of attorney.\n  (d) "Compensation" means reasonable compensation authorized to be paid\nto the agent from assets of the principal for services actually rendered\nby the agent pursuant to the authority granted in a power of attorney.\n  (e) "Financial institution" means a financial entity, including, but\nnot limited to: a bank, trust company, national bank, savings bank,\nfederal mutual savings bank, savings and loan association, federal\nsavings and loan association, federal mutual savings and loan\nassociation, credit union, federal credit union, branch of a foreign\nbanking corporation, public pension fund, retirement system, securities\nbroker, securities dealer, securities firm, and insurance company.\n  (f) "Incapacitated" means to be without capacity.\n  (g) "Internal Revenue Code" means the United States Internal Revenue\nCode of 1986, as amended. Such references, however, shall be deemed to\nconstitute references to any corresponding provisions of any subsequent\nfederal tax code.\n  (h) "Monitor" means a person appointed in the power of attorney who\nhas the authority to request, receive, and seek to compel the agent to\nprovide a record of all receipts, disbursements, and transactions\nentered into by the agent on behalf of the principal.\n  (i) "Person" means an individual, whether acting for himself or\nherself, or as a fiduciary or as an official of any legal, governmental\nor commercial entity (including, but not limited to, any such entity\nidentified in this subdivision), corporation, business trust, estate,\ntrust, partnership, limited liability company, association, joint\nventure, government, governmental subdivision, government agency,\ngovernment entity, government instrumentality, public corporation, or\nany other legal or commercial entity.\n  (j) "Power of attorney" means a written document, other than a\ndocument referred to in section 5-1501C of this title, by which a\nprincipal with capacity designates an agent to act on his or her behalf\nand includes both a statutory short form power of attorney and a\nnon-statutory power of attorney.\n  (k) "Principal" means an individual who is eighteen years of age or\nolder, acting for himself or herself and not as a fiduciary or as an\nofficial of any legal, governmental or commercial entity, who executes a\npower of attorney.\n  (l) "Record" means information that is inscribed on a tangible medium\nor that is stored in an electronic or other medium and is retrievable in\nperceivable form.\n  (m) "Sign" means to place any memorandum, mark or sign, written,\nprinted, stamped, photographed, engraved or otherwise upon an instrument\nor writing, or to use an electronic signature as that term is defined in\nsubdivision three of section three hundred two of the state technology\nlaw, with the intent to execute the instrument, writing or electronic\nrecord. In accordance with the requirements of section three hundred\nseven of the state technology law, a power of attorney or any other\ninstrument executed by the principal or agent that is recordable under\nthe real property law shall not be executed with an electronic\nsignature.\n  (n) "Statutory short form power of attorney" means a power of attorney\nthat meets the requirements of paragraphs (a), (b) and (c) of\nsubdivision one of section 5-1501B of this title, and that substantially\nconforms to the wording of the form set forth in section 5-1513 of this\ntitle; provided however, that any section indicated as "Optional" that\nis not used may be omitted and replaced by the words "Intentionally\nOmitted". A given power of attorney substantially conforms to the form\nrequired pursuant to section 5-1513 of this title notwithstanding that\nthe form contains (i) an insignificant mistake in wording, spelling,\npunctuation or formatting, or the use of bold or italic type; or (ii)\nuses language that is essentially the same as, but is not identical to,\nthe statutory form, including utilizing language from a previous\nstatute. The determination of whether there is substantial conformity\nwith the form set forth in section 5-1513 of this title shall not depend\non the presence or absence of a particular clause. Failing to include\nclauses that are not relevant to a given power of attorney shall not in\nitself cause such power of attorney to be found to not substantially\nconform with the requirements of such form. The use of the form set\nforth in section 5-1513 of this title is lawful and when used, it shall\nbe construed as a statutory short form power of attorney. A statutory\nshort form power of attorney may be used to grant authority provided in\nsections 5-1502A through 5-1502N of this title. A "statutory short form\npower of attorney" may contain modifications or additions as provided in\nsection 5-1503 of this title.\n  (o) "Non-statutory power of attorney" means a power of attorney that\nis not a statutory short form power of attorney.\n  (p) "Third party" means a financial institution or person other than a\nprincipal or an agent.\n
N.Y. GOB Law § 5-1507 — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1507
Signature of agent
Status: in_force

§ 5-1507. Signature of agent. 1. (a) In any transaction where the\nagent is acting pursuant to a power of attorney and where the\nhand-written signature of the agent or principal is required, the agent\nshall disclose the principal and agent relationship by:\n  (1) signing "(name of agent) as agent for (name of principal)"; or\n  (2) signing "(name of principal) by (name of agent), as agent"; or\n  (3) any similar written disclosure of the principal and agent\nrelationship.\n  (b) A third party shall incur no liability for accepting a signature\nthat does not meet the requirements of this subdivision.\n  2. When the agent engages in a transaction on behalf of the principal,\nthe agent is attesting that:\n  (a) the agent has actual authority to engage in the transaction;\n  (b) the agent does not have, at the time of the transaction, actual\nnotice of the termination or revocation of the power of attorney, or\nnotice of any facts indicating that the power of attorney has been\nterminated or revoked;\n  (c) if the power of attorney is one which terminates upon the\nprincipal's incapacity, the agent does not have, at the time of the\ntransaction actual notice of the principal's incapacity, or notice of\nany facts indicating the principal's incapacity.\n  (d) the agent does not have, at the time of the transaction, actual\nnotice that the power of attorney has been modified in any way that\nwould affect the ability of the agent to engage in the transaction, or\nnotice of any facts indicating that the power of attorney has been so\nmodified.\n  3. The attestation of the agent pursuant to subdivision two of this\nsection is not effective as to any third party who had actual notice\nthat the power of attorney had terminated or been revoked prior to the\ntransaction.\n
N.Y. PBA Law § 2302 — New York Code / Act PBA / Article 8 / Title 15 / Section 2302
Definitions
Status: in_force

§ 2302. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. The term "authority" shall mean the Auburn Industrial Development\nAuthority, the corporation created by section twenty-three hundred four\nof this title;\n  2. The term "board" shall mean the members of the authority;\n  3. The term "city" shall mean the city of Auburn;\n  4. The term "bonds" shall mean the bonds, notes, and other obligations\nissued by the authority pursuant to this title;\n  5. The term "project" shall mean any land in one or more areas of the\ncity and within or outside or partially within and partially outside the\ncity and any building, structure, facility or other improvement thereon,\nincluding, but not limited to machinery and equipment and all real and\npersonal properties deemed necessary in connection therewith, whether or\nnot now in existence or under construction, which shall be necessary or\nsuitable for industrial, warehousing, research or commercial purposes,\nor for use by a federal agency or a medical facility and which may\ninclude or mean an industrial pollution control facility or a civic\nfacility, provided, however, the authority shall not provide financial\nassistance in respect of any project wholly or partially outside the\ncity provided, however, that the authority may provide financial\nassistance for such a project where a portion of the project outside the\ncity is contiguous to a portion of the project located within the city\nif the authority obtains the prior consent thereto by the governing body\nor bodies of all the other cities, towns or villages in which a part or\nparts of the project is, or is to be, located.\n  6. The term "project occupant" shall mean the industrial,\nmanufacturing or commercial enterprise, medical facility, or federal\nagency which proposes to use a project, as defined in subdivision five\nof this section, undertaken by the authority.\n  7. The term "revenues" shall mean any revenues, rents, fees or other\ncharges derived by or on behalf of the authority from any project.\n  8. The term "state" shall mean the state of New York.\n  9. The term "federal agency" shall mean and include the United States\nof America and any department of or corporation, agency or\ninstrumentality heretofore or hereafter created, designated or\nestablished by the United States of America, and any independent\nestablishment of the executive branch of the government of the United\nStates of America, including the United States postal service.\n  10. The term "medical facility" shall mean a hospital or other\nfacilities, whether or not operated for profit, for the prevention,\ndiagnosis or treatment of human disease, pain, injury, disability,\ndeformity or physical condition.\n  11. The term "industrial pollution control facility" shall mean any\nequipment, improvement, structure or facility or any land and any\nbuilding, structure, facility or other improvement thereon, or any\ncombination thereof, and all real and personal property deemed necessary\ntherewith, which are not of a character or nature then or formerly\nfurnished or supplied by the city, having to do with or the end purpose\nof which is the control, abatement or prevention of land, sewer, water,\nair, noise or general environmental pollution deriving from the\noperation of industrial, manufacturing, warehousing, commercial, medical\nand research facilities and facilities for use by a federal agency,\nincluding, but not limited to any air pollution control facility, noise\nabatement facility, water management facility, waste water collecting\nsystem, waste water treatment works, sewage treatment works system,\nsewage treatment system or solid waste disposal facility or site.\n  12. The term "financial assistance" shall mean the proceeds of bonds\nissued by the authority, straight-leases or exemptions from taxation\nclaimed by a project occupant as a result of the authority taking title,\npossession or control (by lease, license or otherwise) to the property\nor equipment of such project occupant or of such project occupant acting\nas an agent of the authority.\n  13. The term "straight-lease transaction" shall mean a transaction in\nwhich the authority takes title, possession or control (by lease,\nlicense or otherwise) to the property or equipment of a lessee,\nentitling such property or equipment to be exempt from taxation\naccording to the provisions of section twenty-three hundred twenty-six\nof this title, and no financial assistance in the form of the proceeds\nof bonds issued by the authority is provided to the project occupant.\n  14. The term "affected tax jurisdiction" shall mean any municipality\nor school district, in which a project is located, which will fail to\nreceive real property tax payments, or other tax payments which would\notherwise be due, except for the tax exempt status of the authority\ninvolved in a project.\n  15. The term "payments in lieu of taxes" shall mean any payment made\nto an agency, or affected tax jurisdiction equal to the amount, or a\nportion, of real property taxes, or other taxes, which would have been\nlevied by or on behalf of an affected tax jurisdiction if the project\nwas not tax exempt by reason of authority involvement.\n  16. "Highly distressed area" means (a) a census tract or tracts or\nblock numbering areas or areas or such census tract or block numbering\narea contiguous thereto which, according to the most recent census data\navailable, has:\n  (i) A poverty rate of at least twenty percent for the year to which\nthe data relates or at least twenty percent of households receiving\npublic assistance; and\n  (ii) An unemployment rate of at least 1.25 times the statewide\nunemployment rate for the year to which the data relates; or\n  (b) A city, town, village or county within a city with a population of\none million or more for which: (i) the ratio of the full value property\nwealth, as determined by the comptroller for the year nineteen hundred\nninety, per resident to the statewide average full value property wealth\nper resident; and (ii) the ratio of the income per resident; as shown in\nthe nineteen hundred ninety census to the statewide average income per\nresident; are each fifty-five percent or less of the statewide average;\nor\n  (c) An area which was designated an empire zone pursuant to article\neighteen-B of the general municipal law.\n
N.Y. GOB Law § 5-1502I — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1502I
Construction--personal and family maintenance
Status: in_force

§ 5-1502I. Construction--personal and family maintenance. In a\nstatutory short form power of attorney, the language conferring general\nauthority with respect to "personal and family maintenance" must be\nconstrued to mean that the principal authorizes the agent:\n  1. To do all acts necessary for maintaining the customary standard of\nliving of the spouse and children, and other dependents of the\nprincipal, including by way of illustration and not by way of\nrestriction, power to provide living quarters by purchase, lease or by\nother contract, or by payment of the operating costs, including\ninterest, amortization payments, repairs and taxes, of premises owned by\nthe principal and occupied by his family or dependents, to provide\nnormal domestic help for the operation of the household, to provide\nusual vacations and usual travel expenses, to provide usual educational\nfacilities, and to provide funds for all the current living costs of\nsuch spouse, children and other dependents, including, among other\nthings, shelter, clothing, food and incidentals;\n  2. To provide, whenever necessary, medical, dental and surgical care,\nhospitalization and custodial care for the spouse, children and other\ndependents of the principal;\n  3. To continue whatever provision has been made by the principal,\nprior to the creation of the agency or thereafter, for his spouse,\nchildren and other dependents, with respect to automobiles, or other\nmeans of transportation, including by way of illustration but not by way\nof restriction, power to license, to insure and to replace any\nautomobiles owned by the principal and customarily used by the spouse,\nchildren or other dependents of the principal;\n  4. To continue whatever charge accounts have been operated by the\nprincipal prior to the creation of the agency or thereafter, for the\nconvenience of his spouse, children or other dependents, to open such\nnew accounts as the agent shall think to be desirable for the\naccomplishment of any of the purposes enumerated in this section, and to\npay the items charged on such accounts by any person authorized or\npermitted by the principal to make such charges prior to the creation of\nthe agency;\n  5. To continue the discharge of any services or duties assumed by the\nprincipal, prior to the creation of the agency or thereafter, to any\nparent, relative or friend of the principal;\n  6. To supervise and to enforce, to defend or to settle any claim by or\nagainst the principal arising out of property damages or personal\ninjuries suffered by or caused by the principal, or under such\ncircumstances that the loss resulting therefrom will, or may fall on the\nprincipal;\n  7. To continue payments incidental to the membership or affiliation of\nthe principal in any church, club, society, order or other organization\nor to continue contributions thereto;\n  8. To demand, to receive, to obtain by action, proceeding or otherwise\nany money or other thing of value to which the principal is or may\nbecome or may claim to be entitled as salary, wages, commission or other\nremuneration for services performed, or as a dividend or distribution\nupon any stock, or as interest or principal upon any indebtedness, or\nany periodic distribution of profits from any partnership or business in\nwhich the principal has or claims an interest, and to endorse, collect\nor otherwise realize upon any instrument for the payment so received;\n  9. To prepare, to execute and to file all tax, social security,\nunemployment insurance and information returns required by the laws of\nthe United States, or of any state or subdivision thereof, or of any\nforeign government, to prepare, to execute and to file all other papers\nand instruments which the agent shall think to be desirable or necessary\nfor the safeguarding of the principal against excess or illegal taxation\nor against penalties imposed for claimed violation of any law or other\ngovernmental regulation, and to pay, to compromise, or to contest or to\napply for refunds in connection with any taxes or assessments for which\nthe principal is or may be liable;\n  10. To utilize any asset of the principal for the performance of the\npowers enumerated in this section, including by way of illustration and\nnot by way of restriction, power to draw money by check or otherwise\nfrom any bank deposit of the principal, to sell any land, chattel, bond,\nshare, commodity interest, chose in action or other asset of the\nprincipal, to borrow money and to pledge as security for such loan, any\nasset, including insurance, which belongs to the principal;\n  11. To execute, to acknowledge, to verify, to seal, to file and to\ndeliver any application, consent, petition, notice, release, waiver,\nagreement or other instrument which the agent may think useful for the\naccomplishment of any of the purposes enumerated in this section;\n  12. To prosecute, to defend, to submit to alternative dispute\nresolution, to settle, and to propose or to accept a compromise with\nrespect to, any claim existing in favor of, or against, the principal\nbased on or involving any transaction enumerated in this section or to\nintervene in any action or proceeding relating thereto;\n  13. To hire, to discharge, and to compensate any attorney, accountant,\nexpert witness or other assistant or assistants when the agent shall\nthink such action to be desirable for the proper execution by him of any\nof the powers described in this section, and for the keeping of needed\nrecords thereof;\n  14. To continue gifts that the principal customarily made to\nindividuals and charitable organizations prior to the creation of the\nagency, provided that in any one calendar year all such gifts shall not\nexceed five thousand dollars in the aggregate; and\n  15. In general, and in addition to all the specific acts in this\nsection enumerated, to do any other act or acts, which the principal can\ndo through an agent, for the welfare of the spouse, children or\ndependents of the principal or for the preservation and maintenance of\nthe other personal relationships of the principal to parents, relatives,\nfriends and organizations.\n  All powers described in this section 5-1502I of the general\nobligations law shall be exercisable equally whether the acts required\nfor their execution shall relate to real or personal property owned by\nthe principal at the giving of the power of attorney or thereafter\nacquired and whether such acts shall be performable in the state of New\nYork or elsewhere.\n
N.Y. ENV Law § 54-1513 — New York Code / Act ENV / Article 54 / Title 15 / Section 54-1513
Climate change mitigation easements
Status: in_force

§ 54-1513. Climate change mitigation easements.\n  A municipality which develops, improves, restores or rehabilitates\nreal property that is not owned by the municipality pursuant to this\ntitle with funds made available pursuant to this title shall obtain a\nclimate change mitigation easement from the owner of the real property.\nClimate change mitigation easements shall be enforced as conservation\neasements are enforced in section 49-0305 of this chapter.\n
N.Y. GOB Law § 5-1502H — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1502H
Construction--claims and litigation
Status: in_force

§ 5-1502H. Construction--claims and litigation. In a statutory short\nform power of attorney, the language conferring general authority with\nrespect to "claims and litigation," must be construed to mean that the\nprincipal authorizes the agent:\n  1. To assert and to prosecute before any court, administrative board,\ndepartment, commissioner or other tribunal, any cause of action, claim,\ncounterclaim, offset or defense, which the principal has, or claims to\nhave, against any individual, partnership, association, corporation,\ngovernment, or other person or instrumentality, including, by way of\nillustration and not of restriction, power to sue for the recovery of\nland or of any other thing of value, for the recovery of damages\nsustained by the principal in any manner, for the elimination or\nmodification of tax liability, for an injunction, for specific\nperformance, or for any other relief;\n  2. To bring an action of interpleader or other action to determine\nadverse claims, to intervene or to interplead in any action or\nproceeding, and to act in any litigation as amicus curiae;\n  3. In connection with any action or proceeding or controversy, at law\nor otherwise, to apply for and, if possible, to procure a libel, an\nattachment, a garnishment, an order of arrest or other preliminary,\nprovisional or intermediate relief and to resort to and to utilize in\nall ways permitted by law any available procedure for the effectuation\nor satisfaction of the judgment, order or decree obtained;\n  4. In connection with any action or proceeding, at law or otherwise,\nto perform any act which the principal might perform, including by way\nof illustration and not of restriction, acceptance of tender, offer of\njudgment, admission of any facts, submission of any controversy on an\nagreed statement of facts, consent to examination before trial, and\ngenerally to bind the principal in the conduct of any litigation or\ncontroversy as seems desirable to the agent;\n  5. To submit to alternative dispute resolution, to settle, and to\npropose or to accept a compromise with respect to, any claim existing in\nfavor of or against the principal, or any litigation to which the\nprincipal is, or may become or be designated a party;\n  6. To waive the issuance and service of a summons, citation or other\nprocess upon the principal, to accept service of process, to appear for\nthe principal, to designate persons upon whom process directed to the\nprincipal may be served, to execute and to file or deliver stipulations\non the principal's behalf, to verify pleadings, to appeal to appellate\ntribunals, to procure and to give surety and indemnity bonds at such\ntimes and to such extent as the agent shall think to be desirable or\nnecessary, to contract and pay for the preparation and printing of\nrecords and briefs, to receive and to execute and to file or deliver any\nconsent, waiver, release, confession of judgment, satisfaction of\njudgment, notice, agreement, or other instrument which the agent shall\nthink to be desirable or necessary in connection with the prosecution,\nsettlement or defense of any claim by or against the principal or of any\nlitigation to which the principal is or may become or be designated a\nparty;\n  7. To appear for, to represent and to act for the principal with\nrespect to bankruptcy or insolvency proceedings, whether voluntary or\ninvoluntary, whether of the principal or of some other person, with\nrespect to any reorganization proceeding, or with respect to any\nreceivership or application for the appointment of a receiver or trustee\nwhich, in any way, affects any interest of the principal in any land,\nchattel, bond, share, commodity interest, chose in action or other thing\nof value;\n  8. To hire, to discharge, and to compensate any attorney, accountant,\nexpert witness or other assistant or assistants when the agent shall\nthink such action to be desirable for the proper execution by him of any\nof the powers described in this section;\n  9. To pay, from funds in his control or for the account of the\nprincipal, any judgment against the principal or any settlement which\nmay be made in connection with any transaction enumerated in this\nsection, and to receive and conserve any moneys or other things of value\npaid in settlement of or as proceeds of one or more of the transactions\nenumerated in this section, and to receive and endorse checks and to\ndeposit the same; and\n  10. In general, and in addition to all the specific acts in this\nsection enumerated, to do any other act or acts, which the principal can\ndo through an agent, in connection with any claim by or against the\nprincipal or with litigation to which the principal is or may become or\nbe designated a party.\n  All powers described in this section 5-1502H of the general\nobligations law shall be exercisable equally with respect to any claim\nor litigation existing at the giving of the power of attorney or\nthereafter arising, and whether arising in the state of New York or\nelsewhere.\n
N.Y. GOB Law § 5-1511 — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1511
Termination or revocation of power of attorney; notice
Status: in_force

§ 5-1511. Termination or revocation of power of attorney; notice. 1. A\npower of attorney terminates when:\n  (a) the principal dies;\n  (b) the principal becomes incapacitated, if the power of attorney is\nnot durable;\n  (c) the principal revokes the power of attorney;\n  (d) the principal revokes the agent's authority and there is no\nco-agent or successor agent, or no co-agent or successor agent who is\nwilling or able to serve;\n  (e) the agent dies, becomes incapacitated or resigns and there is no\nco-agent or successor agent or no co-agent or successor agent who is\nwilling or able to serve;\n  (f) the authority of the agent terminates and there is no co-agent or\nsuccessor agent or no co-agent or successor agent who is willing or able\nto serve;\n  (g) the purpose of the power of attorney is accomplished; or\n  (h) a court order revokes the power of attorney as provided in section\n5-1510 of this title or in section 81.29 of the mental hygiene law.\n  2. An agent's authority terminates when:\n  (a) the principal revokes the agent's authority;\n  (b) the agent dies, becomes incapacitated or resigns;\n  (c) the agent's marriage to the principal is terminated by divorce or\nannulment, as defined in subparagraph two of paragraph (f) of section\n5-1.4 of the estates, powers and trusts law, unless the power of\nattorney expressly provides otherwise. If the authority of an agent is\nrevoked solely by this subdivision, it shall be revived by the\nprincipal's remarriage to the former spouse; or\n  (d) the power of attorney terminates.\n  3. A principal may revoke a power of attorney:\n  (a) in accordance with the terms of the power of attorney; or\n  (b) by delivering a revocation of the power of attorney to the agent\nin person or by sending a signed and dated revocation by mail, courier,\nelectronic transmission or facsimile to the agent's last known address.\nThe agent must comply with the principal's revocation notwithstanding\nthe actual or perceived incapacity of the principal unless the principal\nis subject to a guardianship under article eighty-one of the mental\nhygiene law.\n  4. Where a power of attorney has been recorded pursuant to section two\nhundred ninety-four of the real property law, the principal shall also\nrecord the revocation in the office in which the power of attorney is\nrecorded pursuant to section three hundred twenty-six of the real\nproperty law, provided the revocation complies with section three\nhundred seven of the state technology law.\n  5. (a) Termination of an agent's authority or of the power of attorney\nis not effective as to any third party who has not received actual\nnotice of the termination and acts in good faith under the power of\nattorney. Any action so taken, unless otherwise invalid or\nunenforceable, shall bind the principal and the principal's successors\nin interest. A financial institution is deemed to have actual notice\nafter it has had a reasonable opportunity to act on a written notice of\nthe revocation or termination following receipt of the same at its\noffice where an account is located.\n  (b) Termination of an agent's authority or of the power of attorney is\nnot effective as to the agent until the agent has received a revocation\nas required by subdivision three of this section. An agent is deemed to\nhave received a revocation when it has been delivered to the agent in\nperson, or within a reasonable time after it has been sent by mail,\ncourier, electronic transmission or facsimile in accordance with\nsubdivision three of this section.\n  6. The execution of a power of attorney does not revoke any power of\nattorney previously executed by the principal.\n
N.Y. PBA Law § 2324 — New York Code / Act PBA / Article 8 / Title 15 / Section 2324
Bonds as legal investments
Status: in_force

§ 2324. Bonds as legal investments. The bonds are hereby made\nsecurities in which all public officers and bodies of this state and all\nmunicipalities and municipal subdivisions, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nand all other persons whatsoever except as hereinafter provided, who are\nnow or may hereafter be authorized to invest in bonds or other\nobligations of the state, may properly and legally invest funds\nincluding capital in their control or belonging to them: provided that,\nnotwithstanding the provisions of any other general or special law to\nthe contrary, such bonds shall not be eligible for the investment of\nfunds, including capital, of trusts, estates or guardianships under the\ncontrol of individual administrators, guardians, executors, trustees and\nother individual fiduciaries. The bonds are also hereby made securities\nwhich may be deposited with and shall be received by all public officers\nand bodies of this state and all municipalities and municipal\nsubdivisions for any purpose for which the deposit of bonds or other\nobligations of this state is now or may hereafter be authorized.\n
N.Y. ENV Law § 27-1513 — New York Code / Act ENV / Article 27 / Title 15 / Section 27-1513
Requirements for regulated medical waste treatment, storage and disposal facility
Status: in_force

§ 27-1513. Requirements for regulated medical waste treatment, storage\n             and disposal facility.\n  1. Any person who operates a facility for the treatment, storage or\ndisposal of regulated medical waste shall have a valid and appropriate\nsolid waste management facility permit issued by the department; except\nthat a solid waste management facility permit shall not be required for\noperation of an on-site facility that is operated by a health care\nfacility licensed pursuant to the public health law that is utilized to\ntreat, store or dispose of regulated medical waste of the health care\nfacility or of other generators of regulated medical waste, pursuant to\nwritten agreements with or among such other generators that shall be\nfiled with the department of health and the department.\n  2. The operator of any facility used for the treatment, storage or\ndisposal of regulated medical waste not in a category specified in\nsubdivision one of this section shall have and shall adhere to an\noperation plan for the handling and disposal of regulated medical waste\napproved by the department. The operation plan shall include the\nfollowing:\n  a. A method of receiving wastes which ensures that regulated medical\nwastes are handled separately from other wastes until treatment or\ndisposal is accomplished and which prevents unauthorized persons from\nhaving access to or contact with the waste.\n  b. A method of unloading and processing of regulated medical wastes\nwhich limits the number of persons handling the wastes and minimizes the\npossibility of exposure of employees and the public using or visiting\nthe facility to regulated medical waste.\n  c. A method of decontaminating emptied reusable regulated medical\nwaste containers, transport vehicles or facility equipment which are\nknown or believed to be contaminated with regulated medical waste.\n  d. The provision and required use of gloves and other protective\nclothing as shall be required by the department.\n  e. The means of decontamination of any person having had bodily\ncontact with regulated medical waste while transporting the waste to the\ntreatment or disposal site or while handling or disposing of the waste\nat the site.\n  f. A quantification of the maximum amount of regulated medical waste\nto be treated, stored, or disposed of per month.\n  3. A new or revised operation plan for treatment, storage or disposal\nof regulated medical waste shall be prepared whenever there is an\nincrease of more than twenty-five percent in the maximum quantity of\nregulated medical waste receiving treatment, storage or disposal per\nmonth by the facility or when changes are otherwise made in an existing\noperation plan.\n  4. Approval for acceptance of regulated medical waste at a treatment,\nstorage or disposal facility may be withdrawn by the department for\nnoncompliance with the operation plan.\n  5. As a condition of approval for such permit, any person who operates\na facility for the treatment, storage and disposal of regulated medical\nwaste shall provide:\n  (a) proof of liability insurance or other form of financial security\ndeemed sufficient by the commissioner to meet all responsibilities in\ncase of release of such waste causing damage; and\n  (b) certification that such activities conform with existing local\nzoning laws or ordinances.\n
N.Y. PBA Law § 2315 — New York Code / Act PBA / Article 8 / Title 15 / Section 2315
Uniform tax exemption policy
Status: in_force

§ 2315. Uniform tax exemption policy.  1. The authority shall\nestablish a uniform tax exemption policy, with input from affected local\ntaxing jurisdictions, which shall be applicable to provisions of\nfinancial assistance pursuant to section twenty-three hundred seven of\nthis title and shall provide guidelines for the claiming of real\nproperty, mortgage recording, and sales tax exemptions. Such guidelines\nshall include, but not be limited to: period of exemption; percentage of\nexemption; types of projects for which exemptions may be claimed;\nprocedures for payments in lieu of taxes and instances in which real\nproperty appraisals are to be performed as a part of an application for\ntax exemption; in addition, the authority in adopting such policy shall\nconsider such issues as: the extent to which a project will create or\nretain permanent, private sector jobs; the estimated value of any tax\nexemption to be provided; whether affected tax jurisdictions should be\nreimbursed by the project occupant if a project does not fulfill the\npurposes for which an exemption was provided; the impact of a proposed\nproject on existing and proposed businesses and economic development\nprojects in the vicinity; the amount of private sector investment\ngenerated or likely to be generated by the proposed project; the\ndemonstrated public support for the proposed project; the likelihood of\naccomplishing the proposed project in a timely fashion; the effect of\nthe proposed project upon the environment; the extent to which the\nproject will utilize, to the fullest extent practicable and economically\nfeasible, resource conservation, energy efficiency, green technologies,\nand alternative and renewable energy measures; the extent to which the\nproject will provide onsite child care services or otherwise facilitate\nnew child care services; the extent to which the proposed project will\nrequire the provision of additional services, including, but not limited\nto additional educational, transportation, police, emergency medical or\nfire services; and the extent to which the proposed project will provide\nadditional sources of revenue for municipalities and school districts.\n  2. The authority shall establish a procedure for deviation from the\nuniform tax exemption policy required pursuant to this section. The\nauthority shall set forth in writing the reasons for deviation from such\npolicy, and shall further notify by certified mail, return receipt\nrequested or an electronic correspondence with a read-receipt, the\naffected local taxing jurisdictions of the proposed deviation from such\npolicy and the reasons therefor. When the affected tax jurisdiction is a\nschool district, the authority shall notify by certified mail, return\nreceipt requested or an electronic correspondence with a read-receipt,\nthe district clerk and district superintendent of each affected school\ndistrict.\n
N.Y. ENV Law § 15-1527 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1527
Permit required for certain wells in Long Island counties
Status: in_force

§ 15-1527. Permit required for certain wells in Long Island counties.\n  1. No person or public corporation shall hereafter install or operate\nany new or additional wells in the counties of Kings, Queens, Nassau or\nSuffolk to withdraw water from underground sources for any purpose or\npurposes whatsoever where the installed pumping capacity of any such new\nwell or wells singly or in the aggregate, or the total installed pumping\ncapacity of old and new wells on or for use on one property is in excess\nof forty-five gallons a minute without a permit pursuant to this title.\n  2. Such persons or public corporations operating or proposing to\noperate a well or wells in excess of such capacity in any of such\ncounties shall be subject to all the provisions of this article relating\nto persons or public corporations, with the same force and effect as if\nthey were supplying or proposing to supply water to the inhabitants of a\nmunicipal corporation or other civil division of the state. In taking\naction on such an application the department shall have authority to\nimpose such conditions and make such requirements and limitations as may\nbe necessary for the protection of the interests of the applicant and of\nthe people of the state and may issue limited or revocable permits for\nsuch wells.\n  3. All new well permits shall be valid for a period of time not to\nexceed ten years from the date of issuance. The department shall develop\na permit renewal application and a time schedule for permit renewals.\nWell permits may be renewed, including any modifications deemed\nappropriate by the department, and such renewal shall be considered\nvalid for a period specified by the department but in any case shall not\nexceed a period of ten years from the date of reissuance or renewal.\n  4. All applications for new well permits, all applications for well\npermit renewals, and all reopened well permits shall be evaluated,\nnotwithstanding any other requirements of this title, according to\ncriteria established by rule or regulation of the department which shall\ninclude but not be limited to:\n  a. Specific yield of the aquifer segment in which the well is or will\nbe screened;\n  b. Requested rated capacity of well and anticipated or actual amount\nof withdrawal from such well, both seasonally and annually;\n  c. Whether the well site or proposed well site is in an over-stressed,\ntransitional, or unstressed area;\n  d. The proposed use of the water; whether the water will be or is\nrecharged or discharged to waste; and the likely quality of the water if\nit is or will be recharged;\n  e. The amount of withdrawal requested and its relationship to volume\nof recharge occurring locally as well as the relationship of the\nrequested withdrawal to the regional level of withdrawal and recharge;\n  f. The degree of consistency between the requested rate of withdrawal\nand any regional water management plans; and\n  g. If the well is to be used by a water purveyor, either public or\nprivate, or a water authority, whether such purveyor or authority has an\nactive and on-going water conservation program, leak detection program,\nand metering program.\n  In addition, the department shall vigorously apply subdivision two of\nsection 15-1503 of this title in its decision-making process. The\ndepartment shall determine whether the watershed, which in the case of\nLong Island shall mean the land surface that represents the recharge\ncatchment area recharging water for each respective well, has been\nadequately protected. If the well is to be used as a public water supply\nby a water purveyor or water authority, the department shall require as\na permit condition that the water purveyor or authority prepare and\nsubmit watershed rules and regulations as described pursuant to section\neleven hundred of the public health law.\n  5. The department shall develop a system for categorizing the counties\nof Kings, Queens, Nassau and Suffolk into areas that are either\nunstressed, transitional, or over-stressed with respect to the quality\nand/or quantity of the groundwater supply. For those areas which are\nconsidered to be over-stressed, as determined by the department, all\nvalid well permits within this category shall be reopened in order to\nevaluate and possibly modify, add or delete any permit conditions or\nrequirements. Special consideration shall be given to permit conditions\naimed at reducing the levels of withdrawal and consumptive water use in\nover-stressed areas. The reopening of the well permits may be phased in\nover a five year period. All reopened well permits which are deemed by\nthe department to be acceptable following review and any subsequent\nchanges may be renewed and shall, if renewed, be valid for a period of\ntime not to exceed ten years from the date of reissuance or renewal.\nNothing in this title shall be considered to prohibit the department\nfrom revoking a permit following the review required by this title.\n  6. The provisions of this section shall not apply to the installation\nof a fire well to which no pumping equipment is permanently attached\nwhen such well is installed by a municipal corporation, fire district or\nduly organized fire company or fire department.\n  7. The provisions of this section shall apply to the use of water for\nagricultural purposes. The department shall, for the purposes of section\n70-0116 of this chapter, make a finding of an emergency when a\nreplacement well is needed during the growing season for a crop.\nPursuant to section 70-0116 of this chapter, the department may issue an\nemergency authorization for the construction and operation of such\nreplacement well.\n
N.Y. PBA Law § 2307 — New York Code / Act PBA / Article 8 / Title 15 / Section 2307
Additional prerequisites to the provision of financial assistance
Status: in_force

§ 2307. Additional prerequisites to the provision of financial\nassistance. Prior to providing any financial assistance of more than one\nhundred thousand dollars to any project, the authority must comply with\nthe following prerequisites:\n  1. The authority must adopt a resolution describing the project and\nthe financial assistance that the authority is contemplating with\nrespect to such project. Such assistance shall be consistent with the\nuniform tax exemption policy adopted by the agency pursuant to\nsubdivision one of section twenty-three hundred fifteen of this chapter,\nunless the agency has followed procedures for deviation from such policy\nspecified in subdivision two of such section.\n  1-a. The authority shall deliver a copy of the resolution adopted\npursuant to subdivision one of this section by certified mail, return\nreceipt requested or an electronic correspondence with a read-receipt,\nto the chief executive officer of each affected tax jurisdiction. When\nthe affected tax jurisdiction is a school district, the authority shall\ndeliver a copy of such resolution by certified mail, return receipt\nrequested or an electronic correspondence with a read-receipt, to the\ndistrict clerk and district superintendent of each affected school\ndistrict.\n  2. The authority must hold a public hearing with respect to the\nproject and the proposed financial assistance being contemplated by the\nauthority. At said public hearing, interested parties shall be provided\nreasonable opportunity, both orally and in writing, to present their\nviews with respect to the project.\n  3. The authority must give at least ten days published notice of said\npublic hearing and shall, at the same time, provide notice of such\nhearing to the chief executive officer of each affected tax\njurisidiction within which the project is located. The notice of hearing\nmust state the time and place of the hearing, contain a general,\nfunctional description of the project, describe the prospective location\nof the project, identify the initial owner, operator or manager of the\nproject and generally describe the financial assistance contemplated by\nthe authority with respect to the project.\n  4. The authority shall establish a procedure for compliance with the\nnotification requirements, including identification of the notification\nmethod, of subdivision one-a of this section and subdivision two of\nsection twenty-three hundred fifteen of this title.\n
N.Y. GOB Law § 5-1502M — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1502M
Construction--tax matters
Status: in_force

§ 5-1502M. Construction--tax matters. In a statutory short form power\nof attorney, the language conferring general authority with respect to\n"tax matters", must be construed to mean that the principal authorizes\nthe agent:\n  1. To prepare, sign, and file federal, state, local, and foreign\nincome, gift, payroll, federal insurance contributions act returns, and\nother tax returns, claims for refunds, requests for extension of time,\npetitions regarding tax matters, and any other tax-related documents,\nincluding receipts, offers, waivers, consents (including consents and\nagreements under United States Internal Revenue Code Section 2032A or\ncognate provisions of any successor statute), closing agreements, and\nany power of attorney required by the federal internal revenue service\nor other taxing authority with respect to a tax year upon which the\nstatute of limitations has not run and with respect to the tax year in\nwhich the power of attorney was executed and with respect to any\nsubsequent tax year;\n  2. To pay taxes due, collect refunds, post bonds, receive confidential\ninformation, and contest deficiencies determined by the United States\nInternal Revenue Service or other taxing authority;\n  3. To exercise any election available to the principal under federal,\nstate, local, or foreign tax law; and\n  4. To represent the principal, or to designate another person to\nrepresent the principal, in all tax matters for all tax periods before\nthe United States Internal Revenue Service and any other taxing\nauthority.\n  The powers explicitly authorized in the provisions of this section\nshall not be construed to diminish any like powers authorized in any\nother section of this title, such as, but not limited to, those\nauthorized in subdivision 9 of section 5-1502I of this title.\nAccordingly, such powers as are authorized in any other section of this\ntitle shall be construed as if the provisions of this section do not\nexist.\n
N.Y. PBA Law § 2333 — New York Code / Act PBA / Article 8 / Title 15 / Section 2333
Limitation of liability
Status: in_force

§ 2333. Limitation of liability. Except for acts of omission or\ncommission, with a specific intent to defraud, neither the members of\nthe authority, nor any person or persons acting in its behalf, and\nwithin the scope of their authority, shall be subject to any personal\nliability resulting from the issuance of any notes or bonds of the\nauthority; from the erection, construction, reconstruction, maintenance\nor operation of any project; or from carrying out any of the powers\nexpressly given in this title.\n
N.Y. ENV Law § 54-1515 — New York Code / Act ENV / Article 54 / Title 15 / Section 54-1515
Contracts for state assistance payments for climate smart community projects
Status: in_force

§ 54-1515. Contracts for state assistance payments for climate smart\n             community projects.\n  1. After approval of the application, the commissioner may, in the\nname of the state, enter into contracts with municipalities, to provide\nstate assistance payments toward the cost of climate smart community\nprojects, which shall include the following provisions:\n  a. an estimate of the costs of the project as determined by the\ncommissioner;\n  b. an agreement by the commissioner to make state assistance payments\ntoward the cost of the project by periodically reimbursing the\nmunicipality during the progress of project development or following\ncompletion of the project as may be agreed upon by the parties, in an\namount not to exceed the amounts established elsewhere in this title;\nand\n  c. an agreement by the municipality:\n  (i) to proceed expeditiously with and complete the project as approved\nby the commissioner;\n  (ii) to undertake and maintain the climate smart community project in\naccordance with applicable law and rules and regulations;\n  (iii) to provide for the payment of the municipality's share of the\ncost of the project;\n  (iv) to assume the full cost of any additional elements or continued\noperation of the project;\n  (v) to repay within one year of notification by the commissioner, any\nstate assistance payments made toward the cost of the project or an\nequitable portion of such monies declared appropriate by the\ncommissioner, if the municipality fails to complete the project as\napproved. No repayment, however, shall be required where the commission\ndetermines that such failure, disposition or change of use was\nimmediately necessary to protect public health and safety; and\n  (vi) to apply for and make reasonable efforts to secure federal\nassistance for the project.\n  2. In connection with each contract, the commissioner shall keep\nadequate records of the amount of the payment by the state, if any,\nreceived by the municipality. Such records shall be retained by the\ncommissioner and shall establish the basis for recalculation of the\nstate payment as required herein.\n  3. The commissioner shall impose such contractual requirements and\nconditions upon any municipality which receives state assistance\npayments pursuant to this title as may be necessary and appropriate to\nensure that a public benefit shall accrue from the use of public funds\nby such municipality. Such conditions shall include limitations on the\nright of the municipality to demolish or convey such property,\nprovisions for public access or use where appropriate, a requirement\nthat all plans for restoration, rehabilitation, improvement, demolition\nor other physical change must be subject to the commissioner's approval,\nand such other conditions which shall assure the preservation and\nprotection of the project.\n
N.Y. ENV Law § 54-1511 — New York Code / Act ENV / Article 54 / Title 15 / Section 54-1511
State assistance payments for climate smart community projects
Status: in_force

§ 54-1511. State assistance payments for climate smart community\n             projects.\n  1. Unless otherwise specified by law, the commissioner is authorized\nto provide on a competitive basis, within amounts appropriated, state\nassistance payments to a municipality toward the cost of any climate\nsmart community project approved by the commissioner provided that the\ncommissioner determines that future physical climate risk due to sea\nlevel rise, and/or storm surges and/or flooding, based on available data\npredicting the likelihood of future extreme weather events, including\nhazard risk analysis data if applicable, has been considered, except\nthat such determination shall not apply to rebates for eligible\npurchases pursuant to section 54-1521 of this title.\n  2. The commissioner and a municipality may enter into a contract for\nthe undertaking of a climate smart community project. Such project shall\nbe recommended to the commissioner by the governing body of the\nmunicipality, and when approved by the commissioner, undertaken by the\nmunicipality pursuant to this article and any other applicable\nprovisions of law.\n  3. State assistance payments shall not exceed fifty percent of the\nproject cost or two million dollars, whichever is less, provided however\nif a municipality meets criteria established by the department relating\nto either financial hardship or disadvantaged communities pursuant to\nsection 75-0101 of this chapter, the commissioner may authorize state\nassistance payments of up to eighty percent of the project cost or two\nmillion dollars, whichever is less. Such costs are subject to final\ncomputation and determination by the commissioner upon completion of the\nproject, and shall not exceed the maximum eligible cost set forth in the\ncontract. A determination of financial hardship shall be based on\ncriteria that clearly indicates that the municipality is experiencing\nsignificant and widespread financial distress, with primary\nconsideration given to whether a municipality has a median household\nincome at or below eighty percent of the state median household income.\n  4. The commissioner shall promulgate rules and regulations which shall\ninclude criteria for determining eligible expenditures and procedures\nfor governing the commitment and disbursement of funds appropriated in\naccordance with this title. The commissioner shall also promulgate rules\nand regulations which shall include application procedures, review\nprocesses, and project approval guidelines and criteria.\n
N.Y. GOB Law § 5-1554 — New York Code / Act GOB / Article 5 / Title 15-A / Section 5-1554
Revocation of designation
Status: in_force

§ 5-1554. Revocation of designation. A parent may revoke a designation\nby notifying, either orally or in writing, the designee or a school,\nhealth care provider, or health plan to which the designation has been\npresented, or by any other act evidencing a specific intent to revoke\nthe designation. A designation shall also be revoked upon the execution\nby the parent of a subsequent designation. Revocation by one parent\nauthorized to execute such a designation shall be deemed effective and\ncomplete revocation of a designation pursuant to this title. A designee\nwho receives notification from a parent of any such revocation shall\nforthwith notify any school, health care provider or health plan to\nwhich a designation pursuant to this title has been presented. A parent\nmay directly notify any such school, health care provider or health plan\nof the revocation, in which case the failure of the designee to notify\nsuch entities of the revocation shall not make revocation ineffective.\n
N.Y. PBA Law § 2311 — New York Code / Act PBA / Article 8 / Title 15 / Section 2311
Compensation, procurement and investment
Status: in_force

§ 2311. Compensation, procurement and investment. 1. The compensation\nof an officer or full-time employee of the authority (but not including\npart-time employees or consultants, including accountants, attorneys and\nbond counsel to the authority) shall not be contingent on the granting\nof financial assistance by the authority.\n  2. The provisions of section one hundred four-b of the general\nmunicipal law shall be applicable to the procurement of goods and\nservices paid for by the authority for its own use and account.\n  3. The provisions of sections ten and eleven of the general municipal\nlaw shall be applicable to deposits and investments of funds for an\nagency's own use and account.\n
N.Y. GOB Law § 5-1502A — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1502A
Construction--real estate transactions
Status: in_force

§ 5-1502A. Construction--real estate transactions. In a statutory\nshort form power of attorney, the language conferring general authority\nwith respect to "real estate transactions," must be construed to mean\nthat the principal authorizes the agent:\n  1. To accept as a gift, or as security for a loan, to reject, to\ndemand, to buy, to lease, to receive, or otherwise to acquire either\nownership or possession of any estate or interest in land;\n  2. To sell, to exchange, to convey either with or without covenants,\nto quit-claim, to release, to surrender, to mortgage, to incumber, to\npartition or to consent to the partitioning, to create, modify or revoke\na trust to grant options concerning, to lease or to sublet, or otherwise\nto dispose of, any estate or interest in land;\n  3. To release in whole or in part, to assign the whole or a part of,\nto satisfy in whole or in part, and to enforce by action, proceeding or\notherwise, any mortgage, incumbrance, lien or other claim to land which\nexists, or is claimed to exist, in favor of the principal;\n  4. To do any act of management or of conservation with respect to any\nestate or interest in land owned, or claimed to be owned, by the\nprincipal, including by way of illustration, but not of restriction,\npower to insure against any casualty, liability or loss, to obtain or to\nregain possession or to protect such estate or interest by action,\nproceeding or otherwise, to pay, to compromise or to contest taxes or\nassessments, to apply for refunds in connection therewith, to purchase\nsupplies, to hire assistance or labor and to make repairs or alterations\nin the structures or lands;\n  5. To utilize in any way, to develop, to modify, to alter, to replace,\nto remove, to erect or to install structures or other improvements upon\nany land in which the principal has, or claims to have, any estate or\ninterest;\n  6. To demand, to receive, to obtain by action, proceeding or\notherwise, any money, or other thing of value to which the principal is,\nor may become, or may claim to be entitled as the proceeds of an\ninterest in land or of one or more of the transactions enumerated in\nthis section, to conserve, to invest, to disburse or to utilize anything\nso received for purposes enumerated in this section, and to reimburse\nthe agent for any expenditures properly made by him in the execution of\nthe powers conferred on him by the statutory short form power of\nattorney;\n  7. To participate in any reorganization with respect to real property\nand to receive and to hold any shares of stock or instrument of similar\ncharacter received in accordance with such plan of reorganization, and\nto act with respect thereto, including by way of illustration, but not\nof restriction, power to sell or otherwise to dispose of such shares, or\nany of them, to exercise or to sell any option, conversion or similar\nright with respect thereto, and to vote thereon in person or by the\ngranting of a proxy;\n  8. To agree and to contract, in any manner, and with any person and on\nany terms, which the agent may select, for the accomplishment of any of\nthe purposes enumerated in this section, and to perform, to rescind, to\nreform, to release or to modify any such agreement or contract or any\nother similar agreement or contract made by or on behalf of the\nprincipal;\n  9. To execute, to acknowledge, to seal and to deliver any deed,\ncreation, modification or revocation of a trust, mortgage, lease,\nnotice, check or other instrument which the agent may think useful for\nthe accomplishment of any of the purposes enumerated in this section;\n  10. To prosecute, to defend, to submit to alternative dispute\nresolution, to settle, and to propose or to accept a compromise with\nrespect to, any claim existing in favor of, or against, the principal\nbased on or involving any real estate transaction or to intervene in any\naction or proceeding relating thereto;\n  11. To hire, to discharge, and to compensate any attorney, accountant,\nexpert witness or other assistant or assistants when the agent shall\nthink such action to be desirable for the proper execution by him of any\nof the powers described in this section, and for the keeping of needed\nrecords thereof; and\n  12. In general, and in addition to all the specific acts in this\nsection enumerated, to do any other act or acts, which the principal can\ndo through an agent, with respect to any estate or interest in land.\n  All powers described in this section 5-1502A of the general\nobligations law shall be exercisable equally with respect to any estate\nor interest in land owned by the principal at the giving of the power of\nattorney or thereafter acquired, and whether located in the state of New\nYork or elsewhere.\n
N.Y. PBA Law § 2326 — New York Code / Act PBA / Article 8 / Title 15 / Section 2326
Tax exemptions
Status: in_force

§ 2326. Tax exemptions. 1. It is hereby determined that the creation\nof the authority and the carrying out of its corporate purposes is in\nall respects for the benefit of the people of the city and its environs,\nand is a public purpose, and the authority shall be regarded as\nperforming a governmental function in the exercise of the powers\nconferred upon it by this title and shall be required to pay no taxes or\nassessments upon any of the property acquired by it or under its\njurisdiction or control or supervision or upon its activities. Provided,\nhowever, if the authority is located within a transportation district\nreferenced in paragraph (a) of subdivision two of section two hundred\nfifty-three of the tax law, it shall not be exempt from the additional\ntax on each mortgage of real property situated within the state imposed\nby such paragraph.\n  2. Any bonds or notes issued pursuant to this title, together with the\nincome therefrom, as well as the property of the authority, shall be\nexempt from taxation, except for transfer and estate taxes.\n  3. Agents of the authority and project operators shall annually file a\nstatement with the department of taxation and finance, on a form and in\nsuch a manner as is prescribed by the commissioner of taxation and\nfinance, of the value of all sales and use tax exemptions claimed by\nsuch agents or agents of such agents or project operators, including,\nbut not limited to, consultants or subcontractors of such agents or\nproject operators, under the authority granted pursuant to this section.\nThe penalty for failure to file such statement shall be the removal of\nthe authority to act as an agent of the authority or as a project\noperator.\n  4. (a) Within thirty days of the date that the authority designates a\nproject operator or other person to act as agent of the authority for\npurposes of providing financial assistance consisting of any sales and\ncompensating use tax exemption to such person, the agency shall file a\nstatement with the department of taxation and finance relating thereto,\non a form and in such manner as is prescribed by the commissioner of\ntaxation and finance, identifying each such agent so named by the\nauthority, setting forth the taxpayer identification number of each such\nagent, giving a brief description of the property and/or services\nintended to be exempted from such taxes as a result of such appointment\nas agent, indicating the authority's rough estimate of the value of the\nproperty and/or services to which such appointment as agent relates,\nindicating the date when such designation as agent became effective and\nindicating the date upon which such designation as agent shall cease.\n  (b) Within thirty days of the date that the authority's designation\ndescribed in paragraph (a) of this subdivision has been amended,\nterminated, been revoked, or become invalid or ineffective for any\nreason, the authority shall file a statement with the department of\ntaxation and finance relating thereto, on a form and in such manner as\nis prescribed by the commissioner of taxation and finance, identifying\neach such agent so named by the authority in the original designation\nand setting forth the taxpayer identification number and other\nidentifying information of each such agent, the date as of which the\noriginal designation was amended, terminated, revoked, or became invalid\nor ineffective and the reason therefor, together with a copy of the\noriginal designation.\n
N.Y. ENV Law § 15-1521 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1521
Supply of water to other public water supply systems
Status: in_force

§ 15-1521. Supply of water to other public water supply systems.\n  On any application for a new or increased withdrawal of water for a\npublic water supply system, the department may require or authorize the\napplicant to make provisions for the supply and to supply water to any\narea of the state which as determined by the department in its decision\non that application properly should be supplied with water from the\nsource or sources of water supply sought by the applicant. The owner or\noperator of any existing or proposed public water supply system within\nsuch area may apply to the department for a permit to take water from\nthat source of water supply or from any part of the public water supply\nsystem of the applicant supplied in whole or in part from that source.\nIf the department so requires, or if it grants a permit, it shall be the\nduty of the applicant so to supply water, subject to such requirements\nas the department may impose. The price to be paid for the amount of\nwater so to be taken may be agreed upon between the applicant and the\ntaker of the water, or if they cannot agree, fair and reasonable amounts\nand rates shall be, after due hearings thereon, fixed by the public\nservice commission. Any such agreement or determination of the public\nservice commission may from time to time be modified by further\nagreement between the parties affected thereby or by the further order\nof the commission.\n
N.Y. ENV Law § 27-1515 — New York Code / Act ENV / Article 27 / Title 15 / Section 27-1515
Rules and Regulations
Status: in_force

§ 27-1515. Rules and Regulations.\n  The commissioner shall promulgate rules and regulations in conformity\nwith the standards for storage, containment, transportation and disposal\nof regulated medical waste, pursuant to the provisions of this title.\nThe commissioner shall promulgate rules and regulations, consistent with\nstandards established by the department of health, for decontamination\nand treatment of regulated medical waste pursuant to the provisions of\nthis title.\n
N.Y. GMU Law § 584 — New York Code / Act GMU / Article 15-B / Title 15 / Section 584
Port Jervis community development agency
Status: in_force

§ 584. Port Jervis community development agency. A municipal urban\nrenewal agency, to be known as the Port Jervis community development\nagency, is hereby established for the accomplishment of any or all of\nthe purposes specified in articles fifteen and fifteen-A of this chapter\nand in accordance with article eighteen of the constitution of the state\nof New York. It shall constitute a body corporate and politic, be\nperpetual in duration and consist of not less than three and not more\nthan seven members. Three of the members, who shall be residents of Port\nJervis, shall be appointed by the mayor to serve for one, two and three\nyear terms, respectively. Of the remaining members, two shall be\nselected from the majority of the city council to serve at its pleasure,\nand two shall be selected from the minority of the city council to serve\nat its pleasure. The agency shall have the powers and duties now or\nhereafter conferred by article fifteen-A of this chapter upon municipal\nrenewal agencies. It shall be organized in the manner prescribed by and\nbe subject to the provisions of article fifteen-A of this chapter and\nthe agency, its members, officers and employees and its operations and\nactivities shall in all respects be governed by the provisions of such\narticle.\n
N.Y. PBA Law § 2308 — New York Code / Act PBA / Article 8 / Title 15 / Section 2308
Civil service status of officers and employees
Status: in_force

§ 2308. Civil service status of officers and employees. Officers and\nemployees of any board, commission or department of the city may be\ntransferred to the authority in accordance with the provisions of the\ncivil service law and shall be eligible for such transfer and\nappointment without examination to offices and positions under the\nauthority. Officers and employees of the city who are members or\nbeneficiaries of any existing pension or retirement system shall\ncontinue to have the rights, privileges, obligations and status with\nrespect to such system or systems as are now prescribed by law, and all\nsuch employees who have been appointed to positions in the service of\nthe city under the rules of the municipal civil service commission of\nthe city shall have the same status with respect thereto after transfer\nto the authority as they had under their original appointments.  The\nappointment and promotion of all employees of the authority shall be\nmade in accordance with the provisions of the civil service law and the\nrules of the city civil service commission.\n
N.Y. ENV Law § 15-1529 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1529
Approval of completed water withdrawal systems
Status: in_force

§ 15-1529.  Approval of completed water withdrawal systems.\n  The construction of any new or modified water withdrawal system\nauthorized under this title shall be under the general supervision of a\nperson or firm licensed to practice professional engineering in the\nstate. Upon completion of construction, such person or firm shall\ncertify to the department that the water withdrawal system has been\nfully completed in accordance with the approved engineering report,\nplans and specifications, and the permit issued by the department\npursuant to this title. The owner shall not commence operation of the\nnew or modified water withdrawal system prior to the department\nreceiving such certificate and prior to approval of the system by the\ndepartment of health or its designee as may be required by the state\nsanitary code.\n
N.Y. PBA Law § 2336 — New York Code / Act PBA / Article 8 / Title 15 / Section 2336
Title not affected if in part unconstitutional or ineffective
Status: in_force

§ 2336. Title not affected if in part unconstitutional or ineffective.\nIf any section, clause or provisions of this title shall be\nunconstitutional or be ineffective in whole or in part, to the extent\nthat it is not unconstitutional or ineffective, it shall be valid and\neffective and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n
N.Y. ENV Law § 15-1502 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1502
Definitions
Status: in_force

§ 15-1502. Definitions.\n  When used in this title, unless otherwise expressly stated or unless\nthe context or subject matter otherwise requires:\n  1. "Coastal communities" shall mean those areas on Long Island where\nthe Magothy aquifer is either absent or contaminated with chlorides.\n  2. "Lloyd Sands" shall mean that geological strata generally known to\nbe the deepest and oldest water-bearing layer of the Long Island aquifer\nsystem and shall not include bedrock.\n  3. "Water well" shall mean any groundwater excavation for the purpose\nof obtaining water.\n  4. "Water well drilling" or "water well drilling activities" shall\nmean the construction and reconstruction of water wells, the\nestablishment or repair of a connection through the well casing and the\nrepair of water wells including repairs which require the opening of the\nwell casing.\n  5. "Water well driller" shall mean a person who, for compensation or\nas part of property development and sale, engages in water well drilling\nactivities; provided, however, that, for the purposes of this\nsubdivision, the term "person" shall not include a public corporation,\npolitical subdivision, government agency, department, or bureau of the\nstate or a municipality.\n  6. "Enforcement officer" shall mean any person authorized to enforce\nthe provisions of this title or the building code in the municipality in\nwhich the water well drilling activities are taking place.\n  7. "Agricultural purpose" shall mean the practice of farming for\ncrops, plants, vines and trees, and the keeping, grazing, or feeding of\nlivestock for sale of livestock or livestock products, and the on-farm\nprocessing of crops, livestock and livestock products.\n  8. "Compact basin commission" shall mean an interstate commission\nhaving jurisdiction with respect to the regulation of water resources\nwithin a basin in the state, created by interstate compact or\nfederal-interstate compact, including but not limited to, the\nSusquehanna river basin commission and the Delaware river basin\ncommission.\n  9. "Environmentally sound and economically feasible water conservation\nmeasures" shall mean those measures, methods, technologies or practices\nfor efficient water use and for reduction of water loss and waste or for\nreducing a withdrawal, consumptive use or diversion that: (i) are\nenvironmentally sound; (ii) reflect best practices applicable to the\nwater use sector; (iii) are technically feasible and available; (iv) are\neconomically feasible and cost effective based on an analysis that\nconsiders direct and avoided economic and environmental costs; and (v)\nconsider the particular facilities and processes involved, taking into\naccount the environmental impact, age of equipment and facilities\ninvolved, the processes employed, energy impacts and other appropriate\nfactors.\n  10. "Interbasin diversion" shall mean the transfer of water or\nwastewater from one New York major drainage basin to another drainage\nbasin.\n  11. "Person" shall mean any individual, public or private corporation,\npolitical subdivision, government agency, department or bureau of the\nstate, municipality, industry, co-partnership, association, firm, trust,\nestate or any other legal entity whatsoever.\n  12. "Potable water" shall mean water intended for human consumption\nthat meets the requirements for a public water system as set forth in\nthe state sanitary code.\n  13. "Public water supply system" shall mean a permanently installed\nwater withdrawal system including its source, collection, pumping,\ntreatment, transmission, storage and distribution facilities used in\nconnection with such system, which provides piped potable water to the\npublic for potable purposes, if such system has at least five service\nconnections used by year-round residents.\n  14. "Threshold volume" shall mean the withdrawal of water of a volume\nof one hundred thousand gallons or more per day, determined by the\nlimiting maximum capacity of the water withdrawal, treatment, or\nconveyance system; provided that for agricultural purposes the threshold\nvolume shall mean a withdrawal of water of a volume in excess of an\naverage of one hundred thousand gallons per day in any consecutive\nthirty-day period.\n  15. "Water withdrawal system" shall mean any equipment or\ninfrastructure operated or maintained for the provision or withdrawal of\nwater including, but not limited to, collection, pumping, treatment,\ntransportation, transmission, storage, and distribution.\n  16. "Withdrawal" or "withdrawal of water" shall mean the removal or\ntaking of water for any purpose from the waters of the state.\n
N.Y. GOB Law § 5-1501C — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1501C
Powers of attorney excluded from this title
Status: in_force

§ 5-1501C. Powers of attorney excluded from this title. The provisions\nof this title shall not apply to the following powers of attorney:\n  1. a power of attorney given primarily for a business or commercial\npurpose, including without limitation:\n  (a) a power to the extent it is coupled with an interest in the\nsubject of the power;\n  (b) a power given to or for the benefit of a creditor in connection\nwith a loan or other credit transaction;\n  (c) a power given to facilitate transfer or disposition of one or more\nspecific stocks, bonds or other assets, whether real, personal, tangible\nor intangible;\n  2. a proxy or other delegation to exercise voting rights or management\nrights with respect to an entity;\n  3. a power created on a form prescribed by a government or\ngovernmental subdivision, agency or instrumentality for a governmental\npurpose;\n  4. a power authorizing a third party to prepare, execute, deliver,\nsubmit and/or file a document or instrument with a government or\ngovernmental subdivision, agency or instrumentality or other third\nparty;\n  5. a power authorizing a financial institution or employee of a\nfinancial institution to take action relating to an account in which the\nfinancial institution holds cash, securities, commodities or other\nfinancial assets on behalf of the person giving the power;\n  6. a power given by an individual who is or is seeking to become a\ndirector, officer, shareholder, employee, partner, limited partner,\nmember, unit owner or manager of a corporation, partnership, limited\nliability company, condominium or other legal or commercial entity in\nhis or her capacity as such;\n  7. a power contained in a partnership agreement, limited liability\ncompany operating agreement, declaration of trust, declaration of\ncondominium, condominium bylaws, condominium offering plan or other\nagreement or instrument governing the internal affairs of an entity\nauthorizing a director, officer, shareholder, employee, partner, limited\npartner, member, unit owner, manager or other person to take lawful\naction relating to such entity;\n  8. a power given to a condominium managing agent to take action in\nconnection with the use, management and operation of a condominium unit;\n  9. a power given to a licensed real estate broker to take action in\nconnection with a listing of real property, mortgage loan, lease or\nmanagement agreement;\n  10. a power authorizing acceptance of service of process on behalf of\nthe principal; and\n  11. a power created pursuant to authorization provided by a federal or\nstate statute, other than this title, that specifically contemplates\ncreation of the power, including without limitation a power to make\nhealth care decisions or decisions involving the disposition of remains.\n  Nothing in this section shall be deemed to prohibit use of a statutory\nshort form power of attorney or a nonstatutory power of attorney in\nconnection with any of the transactions described in this section.\n
N.Y. ENV Law § 17-1503 — New York Code / Act ENV / Article 17 / Title 15 / Section 17-1503
Local regulations
Status: in_force

§ 17-1503. Local regulations.\n  1. Any city or county which has established or establishes a city,\ncounty or part-county department of health may adopt regulations for the\ncontrol of such developments. Regulations adopted by a county or city\nboard of health may include, but not be limited to, establishment of\nsuch requirements as it may deem necessary to guarantee the installation\nof such sewage facilities in accordance with the plans heretofore or\nhereinafter approved by the county or city department of health or any\napproved revision or revisions thereof.\n  2. Nothing contained in sections 17-1501 to 17-1505, inclusive, and\nsections 17-1511 and 17-1513, shall be construed to delegate the general\npowers of the department nor to impair nor to deprive the department of\nits powers and functions as now provided by law.\n
N.Y. ENV Law § 15-1519 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1519
Reservoir to be kept in repair
Status: in_force

§ 15-1519. Reservoir to be kept in repair.\n  The reservoir and appurtenant works shall be kept in safe, sanitary\nand serviceable condition and to this end shall be repaired, remodeled\nor additional work done thereon at the request of the applicant or as\nrequired by the department. All such work shall be done by the\ndepartment at the expense of the applicant. If the applicant shall at\nany time determine that its needs for an additional supply of water\nrequire the enlargement of the reservoir in order that a greater\nquantity of water can be stored therein or drawn therefrom, a new water\nsupply application shall be made to the department asking for approval\nof the desired modifications of the original plans.\n
N.Y. ENV Law § 15-1515 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1515
Supervision of construction and operation
Status: in_force

§ 15-1515. Supervision of construction and operation.\n  1. All construction work which the Department of Environmental\nConservation is authorized to undertake by virtue of the provisions of\nsections 15-1507 through 15-1519 shall be done under the direction of\nthe Commissioner of Transportation. After the works shall have been\nconstructed, they shall thereafter be maintained and operated for the\nbenefit of the applicant by the Commissioner of Transportation under the\ndirection of the Department of Environmental Conservation.\n  2. All costs of such supervision of construction, operation and\nmaintenance shall be paid by the applicant in the manner specified in\nsection 15-1513 of this article, except that the applicant shall not be\ncharged with the salaries and expenses of such officials and regular\nemployees of the state who, in addition to other duties, exercise only\ngeneral supervision over the work done under the provisions of sections\n15-1507 through 15-1519.\n  3. The Department of Environmental Conservation is authorized to\nemploy such engineers and other persons as may in its judgment be\nnecessary to carry out the provisions of sections 15-1507 through\n15-1519 and to fix the compensation for such employees. Such\ncompensation shall be paid by the applicant.\n  4. Except for such expenses and salaries as are specifically exempted\nby subdivision 2 of this section, no moneys of the state shall be\nexpended, nor shall the state incur any liability or indebtedness by\nvirtue of the provisions of sections 15-1507 through 15-1519.\n
N.Y. ENV Law § 21-1505 — New York Code / Act ENV / Article 21 / Title 15 / Section 21-1505
Advisors
Status: in_force

* § 21-1505. Advisors.\n  1. The mayor of the city of New York, or his designee, shall be the\nadvisor of this state's member of the mid-Atlantic states air pollution\ncontrol commission, as contemplated by section 2.6 of article two of the\nmid-Atlantic states air pollution control compact, provided that any\nsuch designee shall not be accorded any privileges as such unless the\nmayor shall have notified this state's member and the commission in\nwriting of the selection of such designee.\n  2. The Department of Environmental Conservation shall provide an\nadvisory committee with whom this state's member of the commission may\nconsult with respect to the conduct of New York participation in the\ncompact. Such member of the commission also may consult from time to\ntime with other officers of the state government or any subdivision\nthereof, as may be appropriate.\n* NB Denied Congressional consent; preempted by enactment of federal Air\n       Quality Act of 1967 (81 stat. 485)\n
N.Y. ENV Law § 21-1509 — New York Code / Act ENV / Article 21 / Title 15 / Section 21-1509
Budget
Status: in_force

* § 21-1509. Budget.\n  The mid-Atlantic states air pollution control commission shall submit\nannually to the Director of the Budget, in accordance with the rules and\npractice of the state, for study and consideration by such Director, an\nestimate of moneys required to administer, manage and support the\ncommission during the ensuing fiscal year. Such estimate shall include\nany request for appropriation of funds by New York and shall be\naccompanied by a tabulation of similar requests which the commission\nexpects to make to each other signatory party and the formula or factors\nupon which such respective requests are based. The provisions of section\n6.1 of the compact shall apply to the budgetary and other fiscal matters\nrelating to the participation of this state in the compact.\n* NB Denied Congressional consent; preempted by enactment of federal Air\n       Quality Act of 1967 (81 stat. 485)\n
N.Y. PBA Law § 2314 — New York Code / Act PBA / Article 8 / Title 15 / Section 2314
Moneys of the authority
Status: in_force

§ 2314. Moneys of the authority. All moneys of the authority, from\nwhatever source derived, shall be paid to the treasurer of the city as\nagent of the authority, who shall not commingle such moneys with any\nother moneys. Such moneys shall be deposited in a separate bank account\nor accounts. The moneys in such accounts shall be paid out by the\ntreasurer on requisition of the chairman of the authority or of such\nperson as the authority may authorize to make such requisitions.  All\ndeposits of such moneys shall, if required by the treasurer or the\nauthority, be secured by obligations of the United States or the state\nof a market value equal at all times to the amount of the deposit, and\nall banks and trust companies are authorized to give such security for\nsuch deposits. The treasurer and his legally authorized representatives\nare authorized and empowered from time to time to examine the accounts\nand books of the authority, including its receipts, disbursements,\ncontracts, leases, sinking funds, investments and any other records and\npapers relating to its financial standing. The authority shall have\npower, notwithstanding the provisions of this section, to contract with\nthe holders of any of its bonds as to the custody, collection, securing,\ninvestment and payment of any moneys of the authority or any moneys held\nin trust or otherwise for the payment of bonds or in any way to secure\nbonds, and to carry out any such contract notwithstanding that such\ncontract may be inconsistent with the previous provisions of this\nsection. Moneys held in trust or otherwise for the payment of bonds or\nin any way to secure bonds and deposits of such moneys may be secured in\nthe same manner as moneys of the authority, and all banks and trust\ncompanies are authorized to give such security for such deposits. The\naccounts of the authority shall be subject to the supervision of the\nstate comptroller and he or his legally authorized representatives are\nhereby authorized and empowered from time to time to examine the\naccounts and books of the authority, including its receipts,\ndisbursements, contracts, sinking funds, investments and any other\nmatter relating to its financial standing and fiscal affairs. The\nauthority shall render a complete annual account of its proceedings to\nthe city council at its first meeting in February of each and every\nyear.\n
N.Y. ENV Law § 17-1505 — New York Code / Act ENV / Article 17 / Title 15 / Section 17-1505
Plans required to be filed and approved
Status: in_force

§ 17-1505. Plans required to be filed and approved.\n  1. No subdivision or portion thereof shall be sold, offered for sale,\nleased or rented by any corporation, company or person, and no permanent\nbuilding shall be erected thereon, until a plan or map of such\nsubdivision shall be filed with and approved by the department or city,\ncounty or part-county department of health having jurisdiction and such\nplan or map thereafter filed in the office of the clerk of the county in\nwhich such subdivision is located.\n  2. Such plan or map shall show methods for obtaining and furnishing\nadequate and satisfactory sewerage facilities to said subdivision.\n  3. The installation of such facilities shall be in accordance with the\nplans or any revision or revisions thereof approved by the department or\ncity, county or part-county department of health having jurisdiction.\n  4. The rules and regulations adopted by the department to implement\nthis title and the provisions of article 70 of this chapter and rules\nand regulations adopted thereunder shall govern department processing of\napproval applications and modifications under this title.\n
N.Y. ENV Law § 54-1509 — New York Code / Act ENV / Article 54 / Title 15 / Section 54-1509
State assistance application procedure
Status: in_force

§ 54-1509. State assistance application procedure.\n  1. A municipality, upon the approval of its governing body, may submit\nan application to the commissioner, in such form and containing such\ninformation as the commissioner may require, for state assistance\npayments toward the cost of a project which is within the state of New\nYork and which is eligible for state assistance pursuant to this title.\n  2. The commissioner shall review such project application and may\napprove, disapprove or recommend modifications thereto consistent with\napplicable law, criteria, standards or rules and regulations relative to\nsuch projects. In reviewing applications for projects pursuant to this\nsection, the commissioner shall give due consideration to:\n  a. the urgency of need to provide state assistance payments for the\nproject in relation to the provision of monies for other project needs\nin the state known at the time such application is made;\n  b. the project's contribution to the state's climate goals; and\n  c. the ability of the municipality to pay for the costs of the climate\nsmart community project.\n
N.Y. ENV Law § 27-1509 — New York Code / Act ENV / Article 27 / Title 15 / Section 27-1509
Transfer of regulated medical waste to off-site treatment and disposal facilities
Status: in_force

§ 27-1509. Transfer of regulated medical waste to off-site treatment and\n             disposal facilities.\n  1. No person shall transport regulated medical waste unless permitted\nas a regulated medical waste transporter by the department.\n  2. Vehicles transporting more than fifty pounds of regulated medical\nwaste shall be identified on each side and the back of the vehicle with\nthe name or trademark of the transporter and with conspicuously\ndisplayed signs or decals with the word "infectious" or the words\n"regulated medical waste".\n  a. Regulated medical waste shall be transported to an off-site\ntreatment or disposal facility in a leakproof, fully enclosed container\nor vehicle compartment.\n  b. Regulated medical waste shall not be transported in the same\nvehicle with other waste unless the regulated medical waste is\nseparately contained in rigid reusable containers or kept separate by\nbarriers from other waste, or unless all of the waste is to be treated\nor disposed of as regulated medical waste in accordance with the\nrequirements of this title.\n  c. Regulated medical waste shall be delivered for treatment or\ndisposal only to a facility to which delivery of such waste is\nauthorized pursuant to this article.\n  d. Persons manually loading or unloading containers of regulated\nmedical waste on or from transport vehicles shall be provided by their\nemployer with, and shall be required to wear, protective gloves and\nother protective clothing as may be required by the department.\n  e. Surfaces of transport vehicles that have contacted spilled or\nleaked regulated medical waste shall be decontaminated by procedures\napproved by the commissioner of health.\n
N.Y. ENV Law § 15-1523 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1523
Indirect damages; decision and payment as to Rochester
Status: in_force

§ 15-1523. Indirect damages; decision and payment as to Rochester.\n  1. Whenever the department shall decide that the execution of any\nwater supply project by the city of Rochester will result in damages to\npersons and property, the determination of and payment for which are not\notherwise provided for by law, the department shall so state in its\ndecision and it may order that such damages be determined and paid in\naccordance with the provisions of this section.\n  2. Whenever the department shall make such a decision relating to the\ndetermination and payment of damages pursuant to the provisions of this\nsection, any person who is on the date of such decision, the owner of\nany real estate not taken by the applicant, or the owner of any\nestablished business, directly or indirectly decreased in value by\nreason of the acquiring of land for or on account of a new or additional\nwater supply project, his heirs, personal representatives and assigns,\nshall have a right to damages for such decrease in value.  The city of\nRochester may agree with such person as to the amount of such damages,\nand, if such agreement cannot be made, such damages, if any, shall be\ndetermined in the manner provided in the eminent domain procedure law\nfor the ascertaining and determining of the value of the real estate\ntaken for such project, and the court shall not be limited in the\nreception of evidence to the rules regulating the proof of direct\ndamages. The amount of such damages so agreed upon, or determined, as\naforesaid, shall be paid and collected in the same manner as is provided\nfor the payment of awards in condemnation proceedings as provided in the\ncharter of the city of Rochester for the taking of real property.\n  3. A person employed in a manufacturing establishment, or in an\nestablished business, or upon any lands, who is not the owner or part\nowner thereof, which manufacturing establishment, or established\nbusiness, is injured or destroyed, or which lands are taken or acquired\nunder or on account of the carrying out of such project, and who has\nbeen so employed continuously for at least six months prior to the date\nof the decision of the department and who continues in such employment\nup to the time of such injury, destruction, taking or acquisition, shall\nhave a claim for damages against the city of Rochester equal to the\nsalary or wages paid to such employee for the six months immediately\npreceding the date of such decision. Such damages may be determined by\nagreement with the city of Rochester, or, in case such agreement cannot\nbe made, such employee may maintain an action against the city of\nRochester in the Supreme Court to recover such damages, not, however, to\nexceed the sum of the salary or wages paid him for the six months\nimmediately preceding the date of the decision of the department.\n  4. If the department shall so approve of a project, or a part of a\nproject, the execution of which is to be deferred, or, if for any reason\nsuch execution shall thereafter be deferred, the department shall in its\ndecision, or in a modification thereof, fix a date, other than the date\nof the decision, which shall be held to be applicable to all damages\narising from the execution of such project, or of such part of a\nproject.\n  5. The powers, rights, privileges and duties granted, conferred and\nimposed by the provisions of this section are hereby granted, conferred\nand imposed notwithstanding any inconsistent provision in this or any\nother general or special law.\n
N.Y. ENV Law § 17-1511 — New York Code / Act ENV / Article 17 / Title 15 / Section 17-1511
Duty of county clerk or register in respect to filing of plans and map
Status: in_force

§ 17-1511. Duty of county clerk or register in respect to filing of\n             plans and map.\n  The county clerk or register shall not file nor record nor accept for\nfiling or recording any map or plat showing a subdivision of land in any\ntown, village or city having a population of less than one million\nunless there is endorsed thereon or annexed thereto a certificate of the\ndepartment or city, county or part-county department of health having\njurisdiction approving the sewerage systems proposed or installed for\nsuch subdivision and consenting to the filing of such map or plat.\n
N.Y. ENV Law § 27-1501 — New York Code / Act ENV / Article 27 / Title 15 / Section 27-1501
Definitions
Status: in_force

§ 27-1501. Definitions.\n  1. "Regulated medical waste" shall mean regulated medical waste as\ndefined pursuant to section thirteen hundred eighty-nine-aa of the\npublic health law and regulations promulgated thereunder, provided,\nhowever, that "regulated medical waste" shall not include any hazardous\nwaste identified or listed pursuant to section 27-0903 of this article,\nor any household waste as defined in regulations promulgated under such\nsection.\n  2. "Person" shall mean an individual, trust, firm, joint stock\ncompany, corporation (including a government corporation), partnership,\nassociation, state or federal government and any agency thereof,\nmunicipality, commission, political subdivision of a state, or any\ninterstate body.\n  3. "Storage" shall mean the containment of regulated medical waste in\nsuch a manner as not to constitute disposal of such waste.\n  4. "Transport" shall mean the movement of regulated medical waste from\nthe point of generation to any intermediate points and finally to the\npoint of ultimate disposal. For the purposes of this title, the point of\ngeneration with regard to facilities that are generator's of regulated\nmedical waste shall be the point at which the regulated medical waste\nleaves the generator's facility site.\n  5. "Treatment" shall mean any method, technique or process designed to\nchange the character or composition of any regulated medical waste so as\nto either neutralize such waste or to render such waste not infectious\nas approved by the commissioner of health pursuant to section thirteen\nhundred eighty-nine-dd of the public health law.\n  7. "Ownership" shall mean the possession of equity in the capital, the\nstock or the profits of an entity transporting regulated medical waste,\nincluding, but not limited to, property in or title to a vehicle or\nvessel or any exclusive lease or bailment of a motor vehicle for a\nperiod of greater than thirty days.\n  8. "Indirect ownership" shall mean an ownership interest in an entity\nthat has an ownership interest in an entity transporting regulated\nmedical waste.\n  9. "Substantial interest" shall mean ownership or indirect ownership\nof ten per centum or more.\n  11. "Infectious agents" shall be limited to those organisms that cause\ndisease or an adverse health impact to humans.\n
N.Y. PBA Law § 2304 — New York Code / Act PBA / Article 8 / Title 15 / Section 2304
Auburn industrial development authority
Status: in_force

§ 2304. Auburn industrial development authority. A public benefit\ncorporation to be known as the "Auburn industrial development authority"\nis hereby created. Such board shall be a body corporate and politic,\nconstituting a public benefit corporation and its existence shall\ncommence upon the appointment of the members as herein provided.  Its\nmembers shall consist of a chairman and eight other members all of whom\nshall be appointed by the mayor of the city for a term of three years,\nand shall include two members of the common council of the city, one\nrepresentative of the city school board and one representative from each\nof the fields of business, industry and labor. Every appointment to the\nboard shall be subject to confirmation by the common council of the\ncity. The chairman and each member shall continue to serve until the\nappointment and confirmation of his successor. Vacancies in such board\noccurring otherwise than by expiration of term shall be filled by the\nmayor by appointment for the unexpired term subject to confirmation of\nthe common council of the city. The mayor may remove the chairman or any\nmember of the board for inefficiency, neglect of duty or misconduct in\noffice, after giving him a copy of the charges against him and an\nopportunity of being heard in person, or by counsel, in his defense upon\nnot less than ten days' notice. Such removal must be approved by the\ncommon council of the city. The members of the board shall be entitled\nto no compensation for their services but shall be entitled to\nreimbursement for their actual and necessary expenses incurred in the\nperformance of their official duties. Notwithstanding any inconsistent\nprovisions of law, general, special or local, no officer or employee of\nthe city shall be deemed to have forfeited or shall forfeit his office\nor employment by reason of his acceptance of membership of the authority\ncreated by this article, provided, however, that a member who holds such\nother public office or employment shall receive no additional\ncompensation or allowance for services rendered pursuant to this title,\nbut shall be entitled to reimbursement for his actual and necessary\nexpenses incurred in the performance of such services. The power of the\nauthority shall be vested in and exercised by a majority of the members\nof the authority. The authority may delegate to one or more of its\nmembers, or to its officers, agents and employees, such powers and\nduties as it may deem proper. Such board and its corporate existence\nshall continue only for a period of ten years and thereafter until all\nits liabilities have been met and its bonds have been paid in full or\nsuch liabilities or bonds have otherwise been discharged. Upon its\nceasing to exist, all rights and properties shall pass to and be vested\nin the city.\n
N.Y. ENV Law § 27-1507 — New York Code / Act ENV / Article 27 / Title 15 / Section 27-1507
Treatment and disposal of regulated medical waste
Status: in_force

§ 27-1507. Treatment and disposal of regulated medical waste.\n  1. Treatment or disposal of regulated medical waste shall be by one of\nthe following methods:\n  a. By incineration in a regulated medical waste incineration facility\napproved and under permit pursuant to article nineteen of this chapter\nwhich provides complete combustion of the waste to carbonized or\nmineralized ash. Regulated medical waste so combusted shall be\ndisposable as nonhazardous waste provided it is not an otherwise\nhazardous waste as defined in the regulations promulgated under section\n27-0903 of this article.\n  b. By discharge to sewerage system if the waste is liquid or\nsemi-liquid except as specifically prohibited by the commissioner or the\ncommissioner of health.\n  c. By decontamination by autoclaving, or by other technique approved\nby the department of health. Regulated medical waste so treated shall be\ndisposed of as solid waste provided it is not otherwise a hazardous\nwaste as defined in section 27-0903 of this article or the regulations\npromulgated thereunder, and is accompanied by a certificate, in a form\nprescribed by the commissioner of health which evidences such treatment.\n  d. By other method approved in writing by the commissioner of health.\n  2. Regulated medical wastes shall not be disposed of by burial at a\nlandfill disposal facility, unless treated in accordance with\nsubdivision one of this section. All sharps must be rendered\nunrecognizable prior to disposal.\n
N.Y. ENV Law § 27-1503 — New York Code / Act ENV / Article 27 / Title 15 / Section 27-1503
Applicability
Status: in_force

§ 27-1503. Applicability.\n  It is the purpose of this title to regulate the transportation of\nregulated medical waste in a uniform manner throughout the state. All\nthe requirements of this title shall apply to any person or persons\nengaged in the storage, containment, treatment, disposal or transfer of\nregulated medical waste off the site of the facility producing such\nwaste. This title and the regulations promulgated pursuant hereto shall\nsupersede all other state and local laws relating to the transportation\nof regulated medical waste to the extent such laws are not consistent\nwith this title and such regulations.\n
N.Y. ENV Law § 15-1513 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1513
Payment of cost of construction
Status: in_force

§ 15-1513. Payment of cost of construction.\n  1. The cost of any such project shall be certified by the department\nto the applicant and shall be paid by the applicant within thirty days\nthereafter to the persons or corporations entitled thereto. Either total\nor partial costs may be thus certified, as the department shall\ndetermine. The applicant is hereby authorized to pay such costs from\nfunds which have been raised, or which it is authorized to raise for the\npurpose of waterworks construction.\n  2. It shall be unlawful for the applicant to pay out, for any purpose\nother than those specified in this section, any funds which it shall\nhave certified to the department to be available for defraying cost of\nthis construction, until such time as the department shall have\ncertified to the applicant that all construction costs have been paid.\n
N.Y. ENV Law § 11-1505 — New York Code / Act ENV / Article 11 / Title 15 / Section 11-1505
Open seasons, size and catch limits and manner of taking and possession of fish; regulations
Status: in_force

§ 11-1505. Open seasons, size and catch limits and manner of taking and\n             possession of fish; regulations.\n  The department may fix by regulation the manner of taking fish with\nnets and other devices including but not limited to open seasons, size\nand catch limits and manner of possession and transportation.\n
N.Y. ENV Law § 21-1513 — New York Code / Act ENV / Article 21 / Title 15 / Section 21-1513
Inconsistent laws
Status: in_force

* § 21-1513. Inconsistent laws.\n  No provision of this chapter or of any other law which is inconsistent\nwith the provisions of the mid-Atlantic states air pollution control\ncompact shall be applicable to the mid-Atlantic states air pollution\ncontrol commission or to any matter governed by such compact.\n* NB Denied Congressional consent; preempted by enactment of federal Air\n       Quality Act of 1967 (81 stat. 485)\n
N.Y. PBA Law § 2338 — New York Code / Act PBA / Article 8 / Title 15 / Section 2338
Inconsistent provisions in other acts superseded
Status: in_force

§ 2338. Inconsistent provisions in other acts superseded. Insofar as\nthe provisions of this title are inconsistent with the provisions of any\nother act, general or special, or of any local law of the city, the\nprovisions of this title shall be controlling.\n
N.Y. ENV Law § 27-1510 — New York Code / Act ENV / Article 27 / Title 15 / Section 27-1510
Standards applicable to generators of regulated medical waste
Status: in_force

§ 27-1510. Standards applicable to generators of regulated medical\n             waste.\n  1. The commissioner shall promulgate regulations establishing\nstandards which shall be applicable to all generators of any quantity of\nregulated medical waste, as may be necessary to protect human health and\nthe environment. Such standards shall include, but need not be limited\nto, requirements respecting:\n  a. Recordkeeping practices that accurately identify the quantities of\nsuch regulated medical waste generated, and the disposition thereof;\n  b. Compliance with the marking, labeling and packaging requirements\npursuant to section 27-1505 of this title;\n  c. Compliance with the tracking system pursuant to section 27-1504 of\nthis title; and\n  d. Submission of an annual report to the commissioner, and additional\nreports at such times as the commissioner deems necessary, on such forms\nas the commissioner shall prescribe, respecting the quantities of\nregulated medical waste generated during a specified time period, and\nthe disposition thereof.\n  2. Any such regulation may not exempt, but may differ in its terms as\nbetween generators of differing quantities of regulated medical waste.\n
N.Y. ENV Law § 71-1503 — New York Code / Act ENV / Article 71 / Title 15 / Section 71-1503
Enforcement of title 25 of article 27
Status: in_force

§ 71-1503. Enforcement of title 25 of article 27.\n  For any first violation by any person who violates any of the\nprovisions of, or who fails to perform any duty imposed by title 25 of\narticle 27 or any regulation promulgated by the commissioner pursuant to\nsuch title 25, in lieu of a penalty, there may be issued a written\nwarning by the department and there may also be issued educational\nmaterials at the discretion of the department regarding the requirements\nof title 25 of article 27. Such person shall, however, for any\nsubsequent violation thereafter, be liable to a civil penalty of not\nmore than twenty-five hundred dollars for each such violation and an\nadditional penalty of not more than five hundred dollars for each day\nduring which such violation continues and, in addition thereto, such\nperson may be enjoined from continuing such violation. Penalties and\ninjunctive relief provided pursuant to this title may also be\nrecoverable in an action brought by the attorney general at the request\nof the commissioner.\n
N.Y. PBA Law § 2332 — New York Code / Act PBA / Article 8 / Title 15 / Section 2332
Actions against the authority
Status: in_force

§ 2332. Actions against the authority. 1. In an action against the\nauthority founded upon tort, the complaint shall contain an allegation\nthat at least thirty days have elapsed since the demand, claim or claims\nupon which the action is founded were presented to a member of the\nauthority and to its secretary or to its chief executive officer, and\nthat the authority has neglected or refused to make an adjustment or\npayment thereof for thirty days after the presentment.\n  2. In a case founded upon tort, a notice of claim shall be required as\na condition precedent to the commencement of an action or special\nproceeding against the authority or an officer, appointee or employee\nthereof, and the provisions of section fifty-e of the general municipal\nlaw shall govern the giving of such notice. No action shall be commenced\nmore than one year and ninety days after the cause of action therefor\nshall have accrued.\n
N.Y. GOB Law § 5-1502N — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1502N
Construction--all other matters
Status: in_force

§ 5-1502N. Construction--all other matters. In a statutory short form\npower of attorney, the language conferring general authority with\nrespect to "all other matters" must be construed to mean that the\nprincipal authorizes the agent to act as an alter ego of the principal\nwith respect to any and all possible matters and affairs which are not\nenumerated in sections 5-1502A to 5-1502M, inclusive, of this title, and\nwhich the principal can do through an agent; provided, however, that\nsuch authority shall not include authorization for the agent to\ndesignate a third party to act as agent for the principal or to make\nmedical or other health care decisions for the principal, except as\notherwise provided in subdivision one of section 5-1502K of this title.\n
N.Y. ENV Law § 15-1509 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1509
Approval of plans for forest preserve reservoir projects; petition; proceedings
Status: in_force

§ 15-1509. Approval of plans for forest preserve reservoir projects;\n             petition; proceedings.\n  1. Any publicly owned water supply project involving the construction\nof a reservoir on forest preserve lands must be submitted for approval\nto the department as provided in sections 15-1501 and 15-1503 of this\narticle, and the procedure on such an application shall be as therein\nset forth except as to the additional requirements and further procedure\nrequired by this section.\n  2. The petition for approval of such a project must state that it is\ndesired to construct a reservoir on state owned forest preserve lands,\ngiving a description of the location and extent of the lands to be\noccupied or flooded, and shall be accompanied by a map, based on\naccurate surveys, showing the boundaries of such land and the high flow\nline of the water to be impounded thereon. The public notices of the\nhearing shall state that the reservoir proposed to be constructed is on\nstate owned lands within the forest preserve.\n  3. In addition to the findings required by section 15-1503 of this\narticle, the department in such cases shall also determine whether the\nneeds of the applicant for water are such as require the proposed public\nuse of the land involved, whether the constitutional limitation as to\nthe amount of such land that can be used for reservoir purposes will not\nbe exceeded, and whether the plans are such that unsanitary conditions\nwill not be created by the proposed project.\n  4. If the application is approved, the department shall apportion all\nthe expenses of the proposed project upon the municipalities which it\nmay find to be benefited thereby, to the extent of the benefits\nreceived; it shall also fix the amount to be paid to the state by the\nmunicipalities benefited. Such amount to be paid to the state is to be\ncomputed as follows:\n  a. The value of the state owned timber and other forest products to be\nremoved during the construction of the project, such amounts to be due\non the cutting of such timber or other products. Such material shall\nbecome the property of the applicant on the payment of such amount to\nthe state. The department may direct that the amount due be paid in one\nlump sum or may permit partial payments to be made in such amounts and\nat such times as may be specified.\n  b. A charge of six per centum per annum on the value of the state\nowned lands and rights used, unimproved and bare of timber. This value\nshall be determined by the department and be redetermined by it at\nintervals of ten years from the date of approval of the application. The\namount of this charge for any year shall be due and payable on the first\nday of January of the succeeding year and shall be computed from the day\nof the actual entry of the applicant or the department on the state\nowned land for the purpose of beginning the clearing or the construction\nwork.\n  c. An annual charge, to be determined, redetermined and payable as\nprovided in paragraph b above, as a reasonable return to the state for\nits services rendered.\n  5. A statement of all these matters shall be included in the decision\nof the department approving the application.\n
N.Y. PBA Law § 2305 — New York Code / Act PBA / Article 8 / Title 15 / Section 2305
Video recordings of open meetings and public hearings
Status: in_force

§ 2305. Video recordings of open meetings and public hearings. The\nauthority shall, to the extent practicable, stream all open meetings and\npublic hearings on its website in real-time. The authority shall post\nvideo recordings of all open meetings and public hearings on its website\nwithin five business days of the meeting or hearing and shall maintain\nsuch recordings for a period of not less than five years.\n