N.Y. RSS Law § 375-G — New York Code / Act RSS / Article 8 / Title 9 / Section 375-G
Career retirement plan for employees of participating employers
Status: in_force

§ 375-g. Career retirement plan for employees of participating\nemployers. a. (1) By the adoption, filing and approval, where required,\nof a resolution in a manner provided by section three hundred thirty or\nthree hundred thirty-one of this chapter, as the case may be, a\nparticipating employer who previously elected to make contributions\nunder the provisions of section three hundred seventy-five-b and section\nthree hundred seventy-five-e of this chapter, may elect to make\ncontributions to the pension accumulation fund for the purpose of\nproviding the career retirement plan pursuant to this section. A member\nof the retirement system in the employ of a participating employer who\nhas elected to provide the career retirement plan who retires while in\nsuch employ on or after April first, nineteen hundred sixty-nine, and\nwho is entitled to a service retirement benefit pursuant to section\nthree hundred seventy-five-b and section three hundred seventy-five-e of\nthis chapter, and who retires with twenty-five or more years of total\nservice, shall have his retirement allowance computed as provided under\nsection three hundred seventy-five-b and section three hundred\nseventy-five-e, except that the fraction one-fiftieth shall be\nsubstituted for the fraction one-sixtieth for each of the first\ntwenty-five years of such service, and that service rendered prior to\nApril first, nineteen hundred thirty-eight shall be included in such\ncomputation.\n  (2) That portion of the pension provided pursuant to this section,\nwhich is in excess of the pension that the member would have received\nhad this section not been in effect, shall not be included in computing\nany pension payable pursuant to section three hundred sixty of this\nchapter.\n  b. A member of the retirement system not in the employ of a\nparticipating employer who has elected to provide the career retirement\nplan on the date the employer's election to participate in this plan\npursuant to subdivision f of this section becomes effective who\nthereafter enters or reenters such employ, shall not be entitled to have\nhis retirement allowance computed pursuant to the provisions of this\nsection unless:\n  (1) Such member renders five or more years of service in the employ of\nsuch participating employer after the date the employer's election to\nparticipate in this plan pursuant to subdivision f of this section\nbecomes effective and retires from such employ, or\n  (2) Immediately prior to service with such participating employer,\nservice was rendered while a member of a retirement system maintained by\nthe state or a municipality thereof operating on a sound actuarial basis\nand subject to the supervision of the department of financial services\nof this state in a plan which provides service retirement benefits equal\nor superior to those provided under this section and at the date of his\nretirement such member would have been eligible for such benefits had he\nnot separated from service with such employer.\n  c. A member eligible for a vested retirement allowance pursuant to\nsection three hundred seventy-six, who, on or after April first,\nnineteen hundred sixty-nine with twenty-five or more years of total\nservice, separates from the employ of a participating employer who has\nelected to provide the career retirement plan and who would have been\neligible to have his retirement allowance computed pursuant to the\nprovisions of this section had he at the time of separation attained age\nfifty-five, shall at the time he becomes eligible to receive the vested\nretirement allowance, be entitled to have such allowance computed in the\nmanner prescribed by this section.\n  d. The benefits hereinabove provided shall be payable unless the\nmember would otherwise be entitled to a greater benefit under other\nprovisions of this chapter, in which event the greater benefit shall be\npayable.\n  e. The provisions of this section shall apply to members who retire or\nseparate in vested status from service with the participating employer\nwho has elected to provide the career retirement plan; provided,\nhowever, in the case of persons who last became members on or after July\nfirst, nineteen hundred seventy-three, the provisions of this section\nshall apply only to those retiring prior to July first, nineteen hundred\nseventy-four.\n  f. A participating employer who, within thirty days of the date this\nsection becomes law, files a resolution electing to make contributions\nto the pension accumulation fund for the purpose of providing the career\nretirement plan pursuant to this section may specify April first,\nnineteen hundred sixty-nine as the date for the commencement of such\nplan. A resolution filed more than thirty days after the date this\nsection becomes law shall specify an effective date for the commencement\nof the career retirement plan, which effective date shall be on or after\nthe date of such filing, provided, however, that a participating\nemployer who elects to provide the benefits enumerated in section three\nhundred seventy-five-i of this article may specify the same effective\ndate for this section.\n
N.Y. PBA Law § 369 — New York Code / Act PBA / Article 2 / Title 9 / Section 369
Liability of state
Status: in_force

§ 369. Liability of state. The state shall be liable on notes or bonds\nguaranteed hereunder but shall not be liable on notes or bonds not\nguaranteed by the state which shall not be a debt of the state.\n
N.Y. SOS Law § 453-A — New York Code / Act SOS / Article 6 / Title 9 / Section 453-A
Payments for non-recurring adoption expenses
Status: in_force

§ 453-a. Payments for non-recurring adoption expenses. 1. A social\nservices official shall make payments for non-recurring adoption\nexpenses incurred by or on behalf of the adoptive parents of a child\nwith special needs, when such expenses are incurred in connection with\nthe adoption of a child with special needs through an authorized agency.\nIn accordance with subdivision two of this section, the payments shall\nbe made by the social services official either to the adoptive parents\ndirectly, to the authorized agency on behalf of the adoptive parents or\nto an attorney on behalf of the adoptive parents for the allowable\namount of attorney's fees or court costs incurred in connection with\nsuch completed adoption.\n  2. The amount of the payment made pursuant to this section shall be\ndetermined pursuant to the regulations of the department. Nothing herein\nshall obligate a social services official to make payments for the full\namount of non-recurring adoption expenses incurred by or on behalf of\nthe adoptive parents of a child with special needs.\n  3. Payments for non-recurring adoption expenses made by a social\nservices official pursuant to this section shall be treated as\nadministrative expenditures under title IV-E of the social security act\nand shall be reimbursed by the state accordingly.\n  4. Payments under this section shall be made pursuant to a written\nagreement between the social services official, other relevant\nauthorized agencies and the adoptive parents of a child with special\nneeds.  The written agreement shall specify the nature and amount of any\npayments, services and assistance to be provided, shall stipulate that\nthe agreement remain in effect regardless of the state of residence of\nthe adoptive parents at any time and shall contain provisions for the\nprotection of the interests of the child where the adoptive parents and\nthe child move to another state while the agreement is effective.\nApplications for such subsidies shall be accepted prior to the\ncommitment of the guardianship and custody of the child to an authorized\nagency pursuant to the provisions of this chapter, and approval thereof\nmay be granted contingent upon such commitment.\n  5. When the parental rights of a child with special needs have been\nterminated in this state and the child's guardianship has been committed\nto an authorized agency, the child is adopted in another state and the\nadoptive parents are  not eligible for payments of non-recurring\nadoption expenses in the other state, a social services official shall\nmake payments of the non-recurring adoption expenses incurred by or on\nbehalf of the adoptive parents, if such parents are otherwise eligible\nfor payments under subdivision one of this section.\n  6. As used in this section, non-recurring adoption expenses shall mean\nreasonable and necessary adoption fees, court costs, attorney fees and\nother expenses which are directly related to the legal adoption of a\nchild with special needs and which are not incurred in violation of\nfederal law or the laws of this state or any other state.\n  7. As used in this section, a child with special needs shall mean a\nchild who:\n  (a) the state has determined cannot or shall not be returned to the\nhome of his or her parents; and\n  (b) the state has first determined:\n  (i) is a handicapped child as defined in subdivision two of section\nfour hundred fifty-one of this title, or is a hard-to-place child as\ndefined in paragraph (c) of subdivision three of section four hundred\nfifty-one of this title; and\n  (ii) a reasonable, but unsuccessful effort has been made to place the\nchild with appropriate adoptive parents without adoption assistance.\nSuch an effort need not be made where such efforts would not be in the\nbest interests of the child because of such factors as the existence of\nsignificant emotional ties with prospective adoptive parents while in\nthe care of such parents as a foster child.\n
N.Y. ENV Law § 21-0907 — New York Code / Act ENV / Article 21 / Title 9 / Section 21-0907
Examination of commission accounts
Status: in_force

§ 21-0907. Examination of commission accounts.\n  In accordance with paragraph F of article five of the compact, the\nstate Comptroller is hereby authorized and empowered from time to time\nto examine the accounts and books of the commission, including its\nreceipts, disbursements and such other items referring to its financial\nstanding as such Comptroller may deem proper and to report the results\nof such examination to the Governor.\n
N.Y. SOS Law § 339 — New York Code / Act SOS / Article 5 / Title 9-B / Section 339
Reports
Status: in_force

§ 339. Reports.  The commissioner shall require, from each social\nservices district, information and reports sufficient and timely to\nenable the state to meet all federal reporting requirements.\n
N.Y. ENV Law § 11-0921 — New York Code / Act ENV / Article 11 / Title 9 / Section 11-0921
Surrender of game unfit for human consumption; permit for taking another of species surrendered
Status: in_force

§ 11-0921. Surrender of game unfit for human consumption; permit for\n             taking another of species surrendered.\n  When a wild turkey, wild deer or wild bear is taken by a person\nholding a license or permit and, upon presentation to an environmental\nconservation officer or other authorized employee of the department, it\nis shown to the satisfaction of such officer or authorized employee that\nits flesh was unfit for human consumption at the time it was killed, the\ntaker may surrender the carcass to the officer or authorized employee\nand the officer or authorized employee shall issue the taker a special\npermit to take another specimen of the same species as surrendered and\nfor which the season is still open.\n
N.Y. RSS Law § 89-M — New York Code / Act RSS / Article 2 / Title 9 / Section 89-M
Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Broome county
Status: in_force

§ 89-m. Retirement of sheriffs, undersheriffs, deputy sheriffs and\ncorrection officers in Broome county. a. A member employed in Broome\ncounty shall be eligible to retire pursuant to the provisions of this\nsection if: (1) he is a sheriff or undersheriff, or a deputy sheriff who\nis engaged directly in criminal law enforcement activities; or (2) he is\na correction officer. Such eligibility shall be an alternative to the\neligibility provisions available under any other plan of this article to\nwhich such member is subject.\n  b. Such member shall be entitled to retire upon the completion of\ntwenty-five years of total creditable service by filing an application\ntherefor in the manner provided for in section seventy of this article.\n  c. Upon completion of twenty-five years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of this retirement and an\nadditional pension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which he may then be entitled\nshall be sufficient to provide him with a retirement allowance equal to\none-half of his final average salary.\n  d. As used in this section "creditable service" shall include (1) in\nthe case of a sheriff, undersheriff or correction officer, any and all\nservices performed as a sheriff, undersheriff and/or correction officer\nof Broome county and all criminal law enforcement services performed as\na deputy sheriff of such county, provided, however, that criminal law\nenforcement service shall only be creditable when it aggregates fifty\nper centum or more of his service as a deputy sheriff and (2) in the\ncase of a deputy sheriff, all criminal law enforcement service shall\nonly be creditable when it aggregates fifty per centum or more of such\nservice and any and all services performed as a sheriff, undersheriff\nand/or correction officer of such county.\n  e. Credit for service as a member or officer of the state police or as\na paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district, or as a criminal investigator in\nthe office of a district attorney, provided that service as such\ninvestigator shall have been rendered prior to January first, nineteen\nhundred sixty and that credit therefor shall not exceed five years,\nshall also be deemed to be creditable service and shall be included in\ncomputing years of total service for retirement pursuant to this\nsection, provided such service was performed by the member while\ncontributing to the retirement system pursuant to the provisions of this\narticle or article eight of this chapter.\n  f. The sheriff shall certify to the comptroller, periodically and at\nsuch intervals of time as may be required of him and in such fashion as\nmay be prescribed, the identity of: (1) the deputy sheriffs in the\nsheriff's employ who are engaged directly in criminal law enforcement\nactivities; and (2) the eligible correction officers.\n  g. A member, contributing on the basis of this section at the time of\nretirement, shall retire after the completion of twenty-five years of\ntotal creditable service. Application therefor may be filed in a manner\nsimilar to that provided in section seventy of this article. Upon\ncompletion of twenty-five years of such service and upon retirement,\neach such member shall receive a pension which, together with an annuity\nwhich shall be the actuarial equivalent of his accumulated contributions\nat the time of his retirement and an additional pension which is the\nactuarial equivalent of the reserve-for-increased-take-home-pay to which\nhe may then be entitled shall be sufficient to provide him with a\nretirement allowance equal to one-half of his final average salary.\n  h. In computing the twenty-five years of total service of a member\npursuant to this section full credit shall be given and full allowance\nshall be made for service of such member in time of war after World War\nI as defined in section two of this chapter, provided such member at the\ntime of his entrance into the armed forces was in the service of the\ncounty of Broome.\n  i. Nothing herein shall be construed to prevent a member, who does not\nretire pursuant to the provisions of this section, from utilizing\nservice which is creditable service pursuant to the provisions of this\nsection for service credit pursuant to the provisions of any other plan\nof this article to which such member is subject.\n  j. The provisions of this section shall be controlling notwithstanding\nany other provision in this article to the contrary.\n
N.Y. ENV Law § 33-0903 — New York Code / Act ENV / Article 33 / Title 9 / Section 33-0903
Purchase permits
Status: in_force

§ 33-0903. Purchase permits.\n  1. A purchase permit or certification identification card is required\nfor the purchase, possession or use of a restricted use pesticide.\n  2. Any person desiring such a permit shall file an application\ncontaining such information required by the commissioner and in a form\nprescribed by the commissioner. The commissioner shall examine the\napplication and shall issue or refuse to issue the permit requested\ntherein. The commissioner shall not issue a permit to so purchase,\npossess or use a particular pesticide if there is a reasonably less\ndangerous alternative available capable of performing the task required.\nThe commissioner shall impose whatever restrictions or conditions on the\npermit he deems appropriate in order to fully protect the public\ninterest.\n  3. Upon the purchase by a purchase permit holder of a restricted use\npesticide he shall present his purchase permit and have it cancelled by\nthe commercial permit holder selling the pesticide in a manner to be\nprescribed by the commissioner.\n  4. The reasons for the denial of an application or revocation of a\npermit may include, but not be limited to, the commissioner being\nsatisfied of one or more of the following:\n  a. That any statement in the application or upon which the permit was\nissued, is or was false or misleading;\n  b. That the applicant or permit holder failed to justify his need for\nthe quantity and types of restricted use pesticides requested;\n  c. That the applicant or permit holder stored, applied, used or\ndisposed of any pesticide contrary to the registered labeled usage or\ncontrary to the conditions specified in his permit;\n  d. That the applicant or permit holder has failed to comply with any\nprovisions of this article or rules and regulations of the department\nmade pursuant thereto; or\n  e. That the applicant or permit holder has failed to demonstrate that\nhe has sufficient knowledge and experience concerning the proper use,\napplication and disposal of pesticides.\n  5. A formal hearing shall not be required and the commissioner's\ndecision in denying or revoking a permit shall be final unless the\napplicant or permit holder institutes a review within the time and in\nthe manner prescribed by article 78 of the Civil Practice Law and Rules.\n  6. The commissioner is authorized to exempt holders of a pesticide\napplicator certification from the requirement of obtaining a purchase\npermit as provided for herein. Such exemption shall apply only to those\nrestricted use pesticides designated by the commissioner.\n
N.Y. ENV Law § 51-0907 — New York Code / Act ENV / Article 51 / Title 9 / Section 51-0907
Contracts for municipal solid waste management projects
Status: in_force

§ 51-0907. Contracts for municipal solid waste management projects.\n  1. The commissioner, in the name of the state, may enter into\ncontracts with municipalities which may include such provisions as may\nbe agreed upon by the parties thereto, and shall include, in substance,\nthe following provisions:\n  a. An estimate of the reasonable cost of the project as determined by\nthe commissioner.\n  b. An agreement by the commissioner to pay to the municipality, during\nthe progress of construction or following completion of construction as\nmay be agreed upon by the parties, an amount, not to exceed fifty\npercent of the cost of resource recovery equipment and source separation\nequipment, and twenty-five percent of the cost of disposal equipment.\n  c. An agreement by the municipality:\n  (1) to proceed expeditiously with, and complete, the project as\napproved by the commissioner;\n  (2) to commence operation of the project upon its completion and not\nto dispose of the project or any portion thereof or change its use\nwithout the approval of the commissioner;\n  (3) to operate and maintain the solid waste management project in\naccordance with applicable law and rules and regulations of the\ncommissioner;\n  (4) to apply for and make reasonable efforts to secure federal\nassistance for the project;\n  (5) to secure the approval of the commissioner before applying for\nfederal assistance, in order to maximize the amounts of such assistance\nreceived or to be received for all projects in New York state;\n  (6) to provide for the payment of the municipality's share of the cost\nof the project.\n  d. A provision that, in the event that federal assistance which was\nnot included in the calculation of the state payment becomes available\nto the municipality, the amount of the state payment shall be\nrecalculated with the inclusion of such federal assistance and the\nmunicipality shall pay to the state the amount by which the state\npayment actually made exceeds the state payment determined by the\nrecalculation.\n  2. In connection with each contract, the commissioner shall keep\nadequate records of the amount of the payment by the state and of the\namount of federal assistance, if any, received by the municipality.\nSuch records shall be retained by the commissioner and shall establish\nthe basis for recalculation of the state payment as required herein.\n
N.Y. PBA Law § 1217 — New York Code / Act PBA / Article 5 / Title 9 / Section 1217
Records; prima facie evidence
Status: in_force

§ 1217. Records; prima facie evidence. The record of the proceedings\nof the authority and of the board of transportation, the records and\nprinted minutes of the transit commission, of the former transit\nconstruction commissioner, of the former public service commission for\nthe first district, and of the former board of rapid transit railroad\ncommissioners, transferred to the authority, or certified copies\nthereof, shall be prima facie evidence of the proceedings of the\nauthority, of the board of transportation, of the transit commission, of\nthe former transit construction commissioner, of the former public\nservice commission for the first district, or of the former board of\nrapid transit railroad commissioners, as the case may be, in respect to\nmatters concerning which such records or minutes relate. Certified\ncopies of such records or papers shall in like manner constitute prima\nfacie evidence.\n
N.Y. PBA Law § 1871 — New York Code / Act PBA / Article 8 / Title 9 / Section 1871
Public service law not applicable to authority
Status: in_force

* § 1871. Public service law not applicable to authority. Except to\nthe extent articles seven and eight of the public service law apply to\nthe siting and operation of a major utility transmission or major steam\nelectric generating facility, the authority shall not be subject to the\nprovisions of the public service law or to regulation by or the\njurisdiction of the department of public service or the public service\ncommission by reason of any contract, agreement or arrangement entered\ninto by the authority with any power company, any water distribution\ncompany or agency or the power authority of the state of New York, or\nmore than one of the above, or by reason of any action taken thereunder\nby the authority.\n  * NB Expired January 1, 1979 applicable until such date\n
N.Y. PBA Law § 361-B — New York Code / Act PBA / Article 2 / Title 9 / Section 361-B
Jurisdiction in certain suits against the authority
Status: in_force

§ 361-b. Jurisdiction in certain suits against the authority.\nExclusive jurisdiction is hereby conferred upon the court of claims to\nhear and determine the claims of any person against the authority (a)\nfor its tortious acts and those of its agents, and (b) for breach of a\ncontract relating to construction, reconstruction, improvement,\nmaintenance or operation, in the same manner and to the extent provided\nby and subject to the provisions of the court of claims act with respect\nto claims against the state, and to make awards and render judgments\ntherefor. All awards and judgments arising from such claims shall be\npaid out of moneys of the authority.\n
N.Y. PBA Law § 1855 — New York Code / Act PBA / Article 8 / Title 9 / Section 1855
General powers of the authority
Status: in_force

§ 1855. General powers of the authority. Subject to the other\nprovisions of this title and the provisions of any contract with\nbondholders or noteholders, the authority shall have the following\npowers in addition to any powers specifically conferred upon the\nauthority elsewhere in this title:\n  1. To sue and be sued.\n  2. To have a seal and alter the same at pleasure.\n  3. To make and alter by-laws for its organization and internal\nmanagement.\n  4. To make rules and regulations governing the exercise of its\ncorporate powers and the fulfillment of its corporate purposes under\nthis title and title nine-A of this article, which shall be filed with\nthe department of state in the manner provided by section one hundred\ntwo of the executive law.\n  5. To purchase, receive, lease or otherwise acquire, to hold in the\nname of the state or otherwise, and to sell, convey, mortgage, lease,\npledge or otherwise dispose of, upon such terms and conditions as the\nauthority may deem advisable, real and personal property, together with\nsuch rights and privileges as may be incidental and appurtenant thereto\nand to the use thereof, including but not restricted to any real\nproperty acquired or held by the authority pursuant to the provisions of\nsection eighteen hundred fifty-six of this title and any real or\npersonal property acquired by the authority in the satisfaction of\nobligations contained in contracts, leases or other arrangements.\n  6. To enter into contracts, leases or other arrangements providing for\nthe establishment, operation, development and management of any property\nor facility under the jurisdiction of the authority.\n  7. To enter into contracts, leases or other arrangements permitting\nany person to use any property or facility under the jurisdiction of the\nauthority; permitting such person to build or add facilities or\nimprovements upon such property or facility; and providing, at the\ndiscretion of the authority, for the acquisition by the authority of any\nsuch facilities or improvements built or added by such person, upon such\nterms and conditions as the authority may deem advisable.\n  8. To sell or otherwise make available, upon such terms and conditions\nas the authority may deem advisable, any product, by-product or service\nproduced in or provided by any facility under its jurisdiction.\n  9. To fix and collect fees, rentals and charges for the use of any\nproperty or facility under its jurisdiction, or for the sale of any\nproduct, by-product or service produced in or provided by any such\nfacility, and to establish the rights and privileges created upon\npayment thereof. Such fees, rentals and charges shall be established by\nthe authority so as to produce, in the judgment of the authority,\nrevenues sufficient, together with any other funds available to the\nauthority, to meet the expenses of maintenance and operation of the\nfacilities of the authority, to repay any moneys repayable to the state,\nto fulfill the terms of agreements with the holders of its bonds, notes\nor other obligations, and to provide funds for such other corporate\npurposes as the authority may deem appropriate.\n  10. To enter into any contracts and to execute all instruments\nnecessary or convenient for the exercise of its corporate powers and the\nfulfillment of its corporate purposes under this title.\n  11. To borrow money and to issue bonds, notes or other obligations and\nto provide for the rights of the holders thereof.\n  12. To enter into agreements to pay annual sums in lieu of taxes to\nany municipality or taxing district of the state in respect of any real\nproperty which is owned by the authority, leased by the authority to a\nperson and located in such municipality or taxing district, provided,\nhowever, that the amount so paid for any year upon any such property\nshall not exceed the sum last paid as taxes on such property to such\nmunicipality or taxing district prior to the time of its acquisition by\nthe authority.\n  13. To procure insurance, or obtain indemnification from the federal\ngovernment or other persons, against any loss in connection with the\nassets of the authority and any liability in connection with the\nactivities of the authority, such insurance or indemnification to be\nprocured or obtained in such amounts, and from such sources, as the\nauthority deems to be appropriate.\n  14. To accept any gifts or grants or loans of funds or property or\nfinancial or other aid in any form from the federal government or any\nagency or instrumentality thereof or from the state or from any other\nsource and to comply, subject to the provisions of this title, with the\nterms and conditions thereof.\n  15. To enter into any lands, waters or premises for the purpose of\nmaking borings, soundings, surveys or other investigations necessary to\nthe purposes of the authority or to public health and safety.\n  16. To engage the services of bond counsel, financial advisors,\naccountants, engineers, attorneys and other private consultants on a\ncontract basis for rendering professional and technical assistance and\nadvice.\n  17. To do all things necessary or convenient to carry out its\ncorporate purposes and exercise the powers given and granted by this\ntitle.\n
N.Y. PBA Law § 1225-A — New York Code / Act PBA / Article 5 / Title 9-A / Section 1225-A
Short title
Status: in_force

§ 1225-a. Short title. This title may be cited as the transit\nconstruction fund act.\n
N.Y. ENV Law § 71-0903 — New York Code / Act ENV / Article 71 / Title 9 / Section 71-0903
Accessories guilty as principals
Status: in_force

§ 71-0903. Accessories guilty as principals.\n  1. A person who counsels or aids in a violation of any provision of\nthe Fish and Wildlife Law or a regulation or order of the department\npursuant to the Fish and Wildlife Law, or knowingly shares in any of the\nproceeds of such a violation by receiving or possessing fish, game,\nwildlife, shellfish, crustacea or protected insects is guilty of the\nviolation which he counsels or aids, or the proceeds of which he\nknowingly shares.\n  2. In any case where possession, transportation, buying or selling of\nfish, game, wildlife, shellfish, crustacea or insects is unlawful solely\nbecause the taking thereof was unlawful, such possession,\ntransportation, buying or selling by a person other than a person guilty\nof the unlawful taking shall be punishable only if done with knowledge\nthat the taking was unlawful.\n
N.Y. PBA Law § 356 — New York Code / Act PBA / Article 2 / Title 9 / Section 356
Thruway sections and connections; assuming jurisdiction
Status: in_force

§ 356. Thruway sections and connections; assuming jurisdiction. At any\ntime after this title shall become effective the authority may adopt a\nresolution assuming jurisdiction for its corporate purposes of any or\nall of the thruway sections or connections below described and such\nconnections with highways, hereinafter referred to as "highway\nconnections," as the authority may deem advisable in the interest of the\npublic to serve traffic needs, and the authority shall continue to have\nsuch jurisdiction so long as its corporate existence shall continue.\n  Pending the adoption of such resolution, the commissioner shall have\nall the powers herein conferred upon the authority to construct,\nreconstruct, improve, maintain, and operate such thruway sections and\nconnections, and highway connections, and to acquire in the name of the\nstate real property therefor. Subject to such deviations therefrom as\nthe authority may deem advisable in the interest of the public to serve\ntraffic needs, such thruway sections and connections shall be as\nfollows:\n  1. Southern Westchester connection. Beginning at the northerly\nterminus of the Major Deegan expressway in the vicinity of Jerome avenue\nat the New York city corporate line, thence extending in a general\nnortherly direction through the city of Yonkers to connect with the\nsoutherly end of the Hudson section at a point in the vicinity of\nTuckahoe road to be determined by the commissioner. No fees or other\ncharges may be imposed for vehicular use of this connection.\n  2. The Hudson section. Beginning at the northerly end of the southern\nWestchester connection at or near Tuckahoe road, thence in a general\nnortherly and westerly direction crossing the Hudson river at a point\nsouth of Highland Falls, which crossing shall be known as "The Governor\nMario M. Cuomo Bridge", including a highway connection between "The\nGovernor Mario M. Cuomo Bridge" and the New England section of the\nthruway presently known as interstate route two hundred eighty-seven,\nthence in a general westerly direction to intersect with existing route\nnumber seventeen or to a connection with that route, including a thruway\nconnection from that portion of the section west of the Hudson river,\ngenerally southerly to a point to be determined by the authority on the\nNew York-New Jersey boundary line.\n  3. The Catskill section. Beginning at the northerly end of the Hudson\nsection, extending in a general northerly direction in the vicinity of\nCentral Valley, Highland Mills, Woodbury Falls, Vails Gate, thence\nthrough or passing Newburgh on the west, including a highway connection\nwhich runs from the Pennsylvania line at Port Jervis to the Connecticut\nborder east of Brewster, presently known as interstate route 84, except\nfor that portion of the highway connection between the interchange with\nthe easternmost state highway on the west shore of the Hudson river\n(currently designated state touring route 9W) and the interchange with\nthe westernmost state highway on the east shore of the Hudson river\n(currently designated state touring route 9D) which is subject to the\njurisdiction of the New York state bridge authority, thence northerly\npast Plattekill and New Paltz, thence passing through or near the city\nof Kingston and continuing northerly to the west of Saugerties and\nCatskill, continuing northerly passing in the vicinity of West Coxsackie\nand Ravena, thence northerly passing the Feura Bush railroad yards in\nthe vicinity of either their easterly or westerly extremities, thence\ncontinuing northerly passing to the west or through the westerly part of\nthe city of Albany, and intersecting United States route number twenty\nin the vicinity of McKownville.\n  4. The Mohawk section. Starting at the northerly end of the Catskill\nsection on United States route number twenty in the vicinity of\nMcKownville, continuing in a northwesterly direction toward the city of\nSchenectady, and thence around the southerly side of Schenectady,\ncontinuing through or along the Mohawk Valley by-passing or passing\nthrough the city of Utica, thence westerly passing in the vicinity of\nWhitesboro and continuing to the north of the city of Oneida, thence\nwesterly to the south of the Cicero swamp to a point on United States\nroute number eleven north of the village of Liverpool.\n  5. The Ontario section. Starting at the westerly end of the Mohawk\nsection at a point on United States route number eleven north of the\nvillage of Liverpool, thence westerly north of Onondaga lake, thence in\na westerly direction passing in the vicinities of Warners, Memphis,\nJordan and Weedsport, crossing the New York Central and West Shore\nrailroads in the vicinity of the village of Port Byron, thence\nsouthwesterly crossing the Seneca river in the vicinity of May's Point,\nthence westerly north of the villages of Seneca Falls and Waterloo and\npassing in the vicinities of West Junius, Phelps, Clifton Springs and\nManchester, passing north of Victor and in the vicinity of Fisher and\nSeverance, continuing westerly to a point in the vicinity of the city of\nBatavia, thence westerly to a point in the vicinity of Williamsville,\nincluding a spur to Main street, in the vicinity of Kensington Avenue in\nthe town of Amherst, thence southerly generally parallel to and west of\nUnion road to a point south of the Lehigh Valley railroad tracks, thence\nsouthwesterly to a point at the junction of the Erie and Niagara\nsections in the vicinity of the crossing of Dingens street and the\nLehigh Valley railroad in the town of Cheektowaga.\n  6. The Erie section. Starting at its junction with the Niagara section\nat a point in the vicinity of the crossing of Dingens street and the\nLehigh Valley railroad in the town of Cheektowaga, thence southerly\ngenerally paralleling the Lehigh Valley railroad to Cazenovia creek and\nextending southerly and southwesterly to a point north of the village of\nHamburg, thence in a southwesterly direction generally paralleling the\nexisting Southwestern Boulevard to a point near the village of Irving,\nthence bypassing the village of Silver Creek to the south, thence\nextending in a general southwesterly direction to the Pennsylvania state\nline on a location lying in the vicinity of United States route number\ntwenty and state touring route number five.\n  7. The New England section. Beginning at or near the point of\nintersection of the Bronx and Pelham parkway and the extension of\nBruckner boulevard in New York city, extending in a generally northerly\ndirection to a point on or near east two hundred twenty-second street,\nthence generally in an eastern direction to the New York\ncity-Westchester county line north of Pelham Bay park, thence generally\nin a northeasterly direction through the town of Pelham, the city of New\nRochelle, the town of Mamaroneck, the village of Mamaroneck, the town of\nHarrison, the city of Rye, the town of Rye and the village of Port\nChester, to a point on the New York-Connecticut state line.\n  8. The Niagara section. Starting at the junction of the Erie and the\nOntario sections at a point in the vicinity of the crossing of Dingens\nstreet and the Lehigh Valley railroad in the town of Cheektowaga, thence\ngenerally in a westerly direction to Erie street in the city of Buffalo,\nthence continuing in a general northwesterly direction to the Front,\nthence through the Front and north between Niagara street and the ship\ncanal to the right of way of the abandoned Erie canal near the northern\nend of such ship canal, thence generally along such right of way,\ndeviating therefrom to make a connection with the easterly approach of\nthe South Grand Island bridge, thence across the Niagara river,\nutilizing the existing South Grand Island bridge or constructing another\nbridge parallel to such bridge, or both, thence along or parallel to\nexisting Grand Island boulevard, across the Niagara river, utilizing the\nexisting North Grand Island bridge, or constructing another bridge\nparallel to such bridge, or both.\n  9. The Berkshire section. Starting at a point or points on the\nCatskill section northeast of Becker's Corners, thence easterly to a\npoint on the West bank of the Hudson river, which point shall be more\nthan fifteen miles north of the Rip Van Winkle bridge, thence across a\nbridge to be constructed by the authority and which crossing shall be\nknown as "The Castleton-on-Hudson Bridge"; and thence generally in a\nsoutheasterly direction and passing in the vicinity of the hamlets of\nBrookview, North Chatham, Old Chatham, and East Chatham to a point on\nthe New York-Massachusetts boundary line near the hamlet of State Line.\n  The thruway constructed along the routes designated in this section\nshall be known as "The Governor Thomas E. Dewey Thruway".\n
N.Y. SOS Law § 336-E — New York Code / Act SOS / Article 5 / Title 9-B / Section 336-E
Subsidized public sector employment programs
Status: in_force

§ 336-e. Subsidized public sector employment programs. 1. A social\nservices district may establish subsidized public sector employment\nprograms for public assistance recipients including, but not limited to,\ngrant diversion programs, which may be supported wholly or in part with\npublic assistance funds. Such programs shall be established through\nagreements between local districts and employers; provided, however,\nthat, if appropriate, the department may act on behalf of one or more\nlocal districts in establishing such agreements.\n  2. Programs may include, but need not be limited to, on-the-job\ntraining programs which reimburse employers for the cost of training\npublic assistance recipients through wage subsidies.\n  3. The social services official or the department is authorized to\ntransfer public assistance funds to employers through written agreements\ndeveloped and executed in accordance with department regulations.\n  4. A recipient may be assigned to a subsidized public sector\nemployment activity only if:\n  (a) the conditions of employment including such factors as the type of\nwork, geographical region and proficiency of the participant are\nappropriate and reasonable.\n  (b) the recipient is deemed an employee for purposes of the applicable\ncollective bargaining and labor laws and receives the same benefits and\nprotections as existing employees similarly situated (working a similar\nlength of time and doing similar work) receive pursuant to the\nprovisions of law, and applicable collective bargaining agreement or\notherwise as made available to the regular employees of the employer.\nEach participating person shall be given the opportunity to work\nsufficient hours to earn a net wage of at least the amount such person\nwould have been entitled to receive as recipients of public assistance\nor, where applicable, the amount such person would have received for his\nor her household, including the amount for dependents. Such net wage\nshall be calculated by deducting from gross wages federal income taxes,\nfederal employment taxes, state income taxes, local income taxes and\nunion dues, if any. No program shall be approved under this section\nunless the commissioner is satisfied that it contains adequate\nprovisions for the prompt resolution of disputes concerning\nparticipation in the program and the obligations and benefits associated\nwith it. Nothing contained in this section shall be deemed to affect,\nmodify or abridge a participant's right to a fair hearing pursuant to\nsection twenty-two of this chapter or representation thereat by counsel\nor, if applicable, the participant's collective bargaining\nrepresentative.\n  (c) a participant employed by an employer subject to the civil service\nlaw or subject to rules consistent with such law is appointed to an\nappropriate classified position. Notwithstanding any other provision of\nlaw, rule or regulation, such position shall be deemed to be in the\nnon-competitive class of the classified service only while such\nparticipant is serving in the position.\n  (d) no employee of the participating employer is displaced by any\nrecipient employed pursuant to this section. For the purpose of this\nsubdivision, the term displacement shall include partial displacement,\nsuch as a reduction in the customary hours of work (including overtime),\nwages, or employment benefits.\n  (e) no participant shall be employed:\n  (i) if any other employee of the employer is available for\nreinstatement, recall or reemployment following a leave of absence,\nfurlough, layoff or suspension from the same or any substantially\nequivalent job;\n  (ii) when the employer has terminated the employment of any regular\nemployee or otherwise reduced its work force with the intention of\nfilling the vacancy or vacancies so created by hiring a participant\nwhose wages are subsidized under this program; or\n  (iii) when the employee organization representing employees of the\nemployer is engaged in a strike against the employer or such employees\nhave been locked-out by the employer; or\n  (iv) where such employment results in the loss of a bargaining unit\nposition as a result of work experience participants performing, in part\nor in whole, the work normally performed by the employee in such\nposition.\n  (f) no position is created that will infringe in any way upon the\npromotional opportunities of currently employed individuals or\nindividuals currently engaged in an approved apprenticeship training\nprogram.\n  (g) no participant shall remain in a position if another employee is\neligible for promotion from an eligible list to that position. An\nemployer shall, at least ten days prior to filling a position with a\nparticipant, notify any employee organization that represents employees\nwho are engaged in similar work or training in the same or substantially\nequivalent job as that in which the placement is to be made, that it\nintends to make a placement pursuant to the terms of this section.\n  (h) where an employee organization represents employees who are\nengaged in similar work in the same or substantially equivalent job as\nthat proposed to be funded under this program, an opportunity is\nprovided for such organization to comment on the proposed placement of a\nparticipant or the administration of the program and the social services\nofficial or his or her designee shall respond to such comments within\nten days of receipt thereof.\n  (i) employers are prohibited from using public assistance funds to\nencourage or discourage membership in, or participation in the\nactivities of, any employee organization and each employer provides to\nthe social services district assurances that no such funds will be used\nfor such purposes.\n  (j) nothing herein shall be construed to affect, modify or otherwise\nabridge any provision of the civil service law.\n
N.Y. RSS Law § 89-H — New York Code / Act RSS / Article 2 / Title 9 / Section 89-H
Retirement of sheriffs, undersheriffs, deputy sheriffs, correction officers and identification officers in Albany county
Status: in_force

§ 89-h. Retirement of sheriffs, undersheriffs, deputy sheriffs,\ncorrection officers and identification officers in Albany county. a. A\nmember employed in Albany county shall be eligible to retire pursuant to\nthe provisions of this section if: (1) he or she is a sheriff or\nundersheriff, or a deputy sheriff who is engaged directly in criminal\nlaw enforcement activities; or (2) he or she is a correction officer or\nidentification officer. Such eligibility shall be an alternative to the\neligibility provisions available under any other plan of this article to\nwhich such member is subject.\n  b. Such member shall be entitled to retire upon the completion of\ntwenty-five years of total creditable service by filing an application\ntherefor in the manner provided for in section seventy of this article.\n  c. Upon completion of twenty-five years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of his or her\naccumulated contributions at the time of his or her retirement and an\nadditional pension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which he or she may then be\nentitled shall be sufficient to provide him or her with a retirement\nallowance equal to one-half of his or her final average salary.\n  d. As used in this section "creditable service" shall include (1) in\nthe case of a sheriff, undersheriff, correction officer or\nidentification officer any and all services performed as a sheriff,\nundersheriff, correction officer and/or identification officer of Albany\ncounty and all criminal law enforcement services performed as a deputy\nsheriff of such county, provided, however, that criminal law enforcement\nservice shall only be creditable when it aggregates fifty per centum or\nmore of his or her service as a deputy sheriff and (2) in the case of a\ndeputy sheriff, all criminal law enforcement service shall only be\ncreditable when it aggregates fifty per centum or more of such service\nand any and all services performed as a sheriff, undersheriff,\ncorrection officer and/or identification officer of such county.\n  e. Credit for service as a member or officer of the state police or as\na paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district, or as a criminal investigator in\nthe office of a district attorney, provided that service as such\ninvestigator shall have been rendered prior to January first, nineteen\nhundred sixty and that credit therefor shall not exceed five years,\nshall also be deemed to be creditable service and shall be included in\ncomputing years of total service for retirement pursuant to this\nsection, provided such service was performed by the member while\ncontributing to the retirement system pursuant to the provisions of this\narticle or article eight of this chapter.\n  f. The sheriff shall certify to the comptroller, periodically and at\nsuch intervals of time as may be required of him or her and in such\nfashion as may be prescribed, the identity of: (1) the deputy sheriffs\nin the sheriff's employ who are engaged directly in criminal law\nenforcement activities; and (2) the eligible correction officers and\nidentification officers.\n  g. A member, contributing on the basis of this section at the time of\nretirement, shall retire after the completion of twenty-five years of\ntotal creditable service. Application therefor may be filed in a manner\nsimilar to that provided in section seventy of this article. Upon\ncompletion of twenty-five years of such service and upon retirement,\neach such member shall receive a pension which, together with an annuity\nwhich shall be the actuarial equivalent of his or her accumulated\ncontributions at the time of his or her retirement and an additional\npension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he or she may then be\nentitled shall be sufficient to provide him or her with a retirement\nallowance equal to one-half of his or her final average salary.\n  h. In computing the twenty-five years of total service of a member\npursuant to this section full credit shall be given and full allowance\nshall be made for service of such member in time of war after World War\nI as defined in section two of this chapter, provided such member at the\ntime of his or her entrance into the armed forces was in the service of\nthe county of Albany.\n  i. Nothing herein shall be construed to prevent a member, who does not\nretire pursuant to the provisions of this section, from utilizing\nservice which is creditable service pursuant to the provisions of this\nsection for service credit pursuant to the provisions of any other plan\nof this article to which such member is subject.\n  j. The provisions of this section shall be controlling notwithstanding\nany other provision in this article to the contrary.\n
N.Y. ENV Law § 15-0903 — New York Code / Act ENV / Article 15 / Title 9 / Section 15-0903
Hearing procedure
Status: in_force

§ 15-0903. Hearing procedure.\n  1. The provisions of this title shall not apply to applications for\npermits, requests for permit renewals and modifications, or to permit\nmodification, suspension or revocation proceedings initiated by the\ndepartment where any of such actions involve title 5, 15 or 27 of this\narticle.\n  2. Whenever a public hearing is to be held pursuant to this article,\nthe notice of such hearing shall be published in such newspaper or\nnewspapers as the department shall deem appropriate, once in each week\nfor not more than four weeks. At least one publication shall be in a\nnewspaper of general circulation in the area affected. Notice thereof\nshall specify that on a date therein named, the department will cause\nsuch hearing to be held at such place and time as it may specify\ntherein, for the purpose of receiving evidence and arguments from all\npersons and public corporations that may be affected by the proposed\npermit or project and shall have filed timely notices of appearance.\nThe public notice shall specify the last day, not more than ten days\nprior to the day specified for the public hearing, on which notices of\nappearance may be filed with the department. Notices of appearance in\nopposition to the permit or project shall recite in the notice the\ninterest of the person or public corporation filing such notice, and the\nspecific grounds of objection to the permit or project. In the event\nthat no notice of appearance in opposition to the proposed permit or\nproject is filed within the time specified, the department may dispense\nwith the public hearing and shall proceed to consider and examine the\napplication, petition, maps, plans, proofs, arguments and other matters\nsubmitted in support of the proposed permit or project; provided,\nhowever, that nothing herein contained shall authorize the denial of an\napplication unless and until the applicant or petitioner has been\nafforded an opportunity to present proof and argument in support of the\napplication.  The notice of hearing shall also specify the subject\nmatter of the hearing in such detail as the department shall deem\nnecessary.\n  3. Conduct of hearing shall be as follows:\n  a. All hearings shall be public except as to those matters where a\npublic hearing may be dispensed with pursuant to the provisions of\nsubdivision 1 of this section.\n  b. The hearings herein provided for may be conducted by the\ncommissioner or any employee of the department to whom the commissioner\nshall delegate the power and authority to conduct such hearings as a\nhearing officer in the name of the department at any time and place.\n  c. In such hearings, the hearing officer may administer oaths to\nwitnesses and may issue subpoenas in the name of the department,\nrequiring the attendance and giving testimony by witnesses and the\nproduction of books, papers and other documentary evidence for such\nhearings.\n  d. The record, or summary thereof, of the proceedings of such hearings\nshall be made and filed with the department. The department, on its own\nmotion or if requested to do so, may cause to be taken and filed with\nthe department a full stenographic transcript in duplicate of the\ntestimony presented at the hearing. The cost of such department copies\nshall be paid by the applicant. The stenographer shall, upon payment of\nhis fees by a person requesting the same, furnish a copy of the whole or\nany part of the transcript to such person.\n  e. The department may, for the purpose of such a hearing, provide for\nthe taking of depositions of witnesses before any member of the\ndepartment, or any person who may be designated hereunder by the\ndepartment to hold hearings. In such case such member, employee or other\nperson may administer oaths to the witnesses whose depositions are to be\ntaken. Each deposition shall be reduced to writing and subscribed by the\ndeponent and shall be filed with the department prior to the final\nadjournment of the hearings.\n  f. The provisions of subdivision y of section 71-0503, applicable to\ninvestigations by the department and a direction to testify made by the\ndepartment, shall apply to hearings and investigations and a direction\nto testify or produce evidence made by a hearing officer at a hearing\nconducted pursuant to the provisions of this article.\n  g. The department and hearing officers designated by it pursuant to\nthis article shall not be bound by the laws of evidence in the conduct\nof hearing proceedings, but every decision and order shall be founded\nupon competent, material evidence which is substantial in view of the\nentire record.\n  h. No factual information or evidence other than that in the record\nshall be considered in arriving at a decision in a case. However, all\nevidence, including records and documents in the possession of the\ndepartment of which it desires to avail itself, may be offered and made\na part of the record in the case. All such documentary evidence may be\nreceived in the form of copies or excerpts, or by incorporation by\nreference.\n  i. The applicant and any person who has filed a notice of appearance\nshall have the right of cross-examination of witnesses who testify, and\nshall have the right to submit rebuttal evidence.\n  j. The department may take notice of judicially cognizable facts and\nin addition may take notice of general, technical, or scientific facts\nwithin its specialized knowledge. Parties shall be notified either\nbefore or during the hearing, or by reference in preliminary reports or\notherwise, of material so noticed, and they shall be afforded an\nopportunity to contest the facts so noticed. The department may utilize\nits experience, technical competence, and specialized knowledge in the\nevaluation of evidence presented to it.\n  4. The department shall, upon any application submitted to it or\ninitiated on its own motion, render its decision thereon in writing,\nincluding or accompanied by findings of fact, and whenever required by\nthis article, by statutory determinations. The original of such\ndecision, together with all maps, plans and other papers or records\nrelating thereto, shall be filed and kept on file in the department. A\ncopy of the decision shall be delivered or mailed to the attorney of\nrecord of the applicant and of each person who filed a notice of\nappearance, or to the applicant or such person directly if not\nrepresented by an attorney.\n
N.Y. PBA Law § 356-A — New York Code / Act PBA / Article 2 / Title 9 / Section 356-A
Names and designations of thruway sections and connections
Status: in_force

§ 356-a. Names and designations of thruway sections and connections.\nTo facilitate travel thereon, certain sections and connections of the\nthruway may be adequately marked by lettering, devices, emblems or signs\nby the authority to afford the following designations:\n  1. The thruway constructed along the routes described in subdivisions\none, two, three, four and five of section three hundred fifty-six of\nthis article shall be known as "The Iroquois Trail".\n  2. The thruway constructed along the route described in subdivision\nsix of section three hundred fifty-six of this article shall be known as\n"The Erie Path".\n  3. The thruway constructed along the route described in subdivision\nseven of section three hundred fifty-six of this article shall be known\nas "The Mohican Path".\n  4. The thruway constructed along the route described in subdivision\neight of section three hundred fifty-six of this article shall be known\nas "The Tuscarora Path".\n  5. The thruway constructed along the route described in subdivision\nnine of section three hundred fifty-six of this article shall be known\nas "The Algonquin Path".\n
N.Y. ENV Law § 19-0911 — New York Code / Act ENV / Article 19 / Title 9 / Section 19-0911
Final control target
Status: in_force

§ 19-0911. Final control target.\n  1. a. In the absence of a controlling federal statute or program which\nthe commissioner determines is consistent with the purpose and intent of\nthis title, the department shall formulate, no later than January first,\nnineteen hundred ninety-one, a final control target to bring about\nreductions in the state's contribution to the total sulfate deposition\nat each sensitive receptor area.\n  b. As part of such determination, the commissioner shall provide a\nwritten analysis of any actions taken or being contemplated by states\nthat border on or are to the east of the Mississippi river or by the\nCanadian provinces of Ontario or Quebec and the potential or estimated\neffect of any such action on acid deposition in sensitive receptor\nareas.\n  c. Any such final control target formulated pursuant to this\nsubdivision shall be submitted, in the form of legislative\nrecommendations, to the governor and the legislature.\n  2. The department shall not adopt or implement the final control\ntarget until such time as further specific statutory authorization shall\nhave been enacted, except that any such final control target shall\npermit the use of all reasonable sulfur dioxide emission control\ntechniques as identified in subdivision two of section 19-0909 of this\ntitle.\n
N.Y. ENV Law § 19-0913 — New York Code / Act ENV / Article 19 / Title 9 / Section 19-0913
Nitrogen deposition control program
Status: in_force

§ 19-0913. Nitrogen deposition control program.\n  In the absence of a controlling federal statute or program which the\ncommissioner determines is consistent with the purpose and intent of\nthis title, the department shall promulgate, no later that January\nfirst, nineteen hundred eighty-seven, rules and regulations for the\ncontrol of emissions of oxides of nitrogen from any new facility or new\nstationary source. Such rules and regulations shall provide for the use\nof new source performance standards at the time such facility or\nstationary source is constructed.\n
N.Y. PBA Law § 352 — New York Code / Act PBA / Article 2 / Title 9 / Section 352
New York State thruway authority
Status: in_force

§ 352. New York State thruway authority. 1. A board to be known as\n"New York state thruway authority" is hereby created. Such board shall\nbe a body corporate and politic constituting a public corporation. It\nshall consist of seven members appointed by the governor by and with the\nadvice and consent of the senate. The members first appointed shall\nserve for terms ending three, six and nine years, respectively from\nJanuary first next succeeding their appointment. Provided, however, that\ntwo board members first appointed on or after the effective date of the\nchapter of the laws of two thousand five which amended this subdivision\nshall serve an initial term of two years; provided further that two\nother board members first appointed on or after the effective date of\nthe chapter of the laws of two thousand five which amended this\nsubdivision shall serve an initial term of three years. Their successors\nshall be appointed for terms of nine years each. A member to be\ndesignated as chairman in his or her appointment as a member shall be\nchairman of such board until his or her term as member expires. The\nchairman and the other members shall serve without salary or other\ncompensation, but shall be entitled to reimbursement for their actual\nand necessary expenses incurred in the performance of their official\nduties.\n  2. Notwithstanding any inconsistent provisions of law, general,\nspecial or local, no officer or employee of the state, or of any civil\ndivision thereof, shall be deemed to have forfeited or shall forfeit his\noffice or employment by reason of his acceptance of membership on the\nboard created by this section; provided, however, a member who holds\nsuch other public office or employment shall receive no additional\ncompensation for services rendered pursuant to this title.\n  3. The power of such corporation shall be vested in and exercised by a\nmajority of the members of the board then in office. Such board may\ndelegate to one or more of its members or its officers, agents and\nemployees such powers and duties as it may deem proper.\n  4. Such board and its corporate existence shall continue so long as it\nshall have notes, bonds or other obligations outstanding (including\nnotes, bonds or obligations hereafter issued or incurred) and until its\nexistence shall be terminated by law. Upon the termination of the\nexistence of the authority, all its rights and properties shall pass to\nand be vested in the state.\n
N.Y. PBA Law § 1900 — New York Code / Act PBA / Article 8 / Title 9-B / Section 1900
Statement of legislative intent
Status: in_force

* § 1900. Statement of legislative intent. It is the intent of the\nlegislature in enacting this title to empower the New York state energy\nresearch and development authority to establish effective programs and\nother mechanisms to: (1) foster and encourage the orderly and expedient\nsiting and development of renewable energy facilities and qualified\nenergy storage systems, particularly at sites which are difficult to\ndevelop, consistent with applicable law for the purpose of enabling the\nstate to meet CLCPA targets as defined in subdivision one of section one\nhundred thirty-seven of article eight of the public service law; (2)\nincentivize the re-use of previously developed sites for renewable\nenergy facilities and qualified energy storage systems to protect the\nvalue of taxable land, capitalize on existing infrastructure; (3)\nsupport the provision of benefits to communities that host renewable\nenergy facilities and qualified energy storage systems; and (4) protect\nenvironmental justice areas from adverse environmental impacts.\n  * NB Repealed December 31, 2030\n
N.Y. RSS Law § 371 — New York Code / Act RSS / Article 8 / Title 9 / Section 371
Optional retirement at age fifty-five; alternative plan
Status: in_force

§ 371. Optional retirement at age fifty-five; alternative plan. a. Any\nmember of the police and fire retirement system, who, while a member of\nthe state employees' retirement system, elected to contribute on a basis\nof retirement at age fifty-five pursuant to section seventy-one of this\nchapter and who did not withdraw such election as therein provided\nshall, contribute to the police and fire retirement system at the rate\nprescribed by such section, and if such member retires under the\nprovisions of such section his retirement allowance shall be computed\naccording to the provisions of such section.\n
N.Y. LAB Law § 633 — New York Code / Act LAB / Article 18 / Title 9 / Section 633
Wilful failure to pay contributions
Status: in_force

§ 633. Wilful failure to pay contributions. Any person who wilfully\nrefuses or fails to pay a contribution to the fund shall be guilty of a\nmisdemeanor.\n
N.Y. PBA Law § 1858 — New York Code / Act PBA / Article 8 / Title 9 / Section 1858
Assistance by state officers, departments, boards, divisions and commissions
Status: in_force

§ 1858. Assistance by state officers, departments, boards, divisions\nand commissions. At the request of the authority, engineering and legal\nservices for such authority shall be performed by the department of\ntransportation and the department of law, respectively, and all other\nstate agencies shall upon request by the authority render services\nwithin their respective functions.\n
N.Y. ENV Law § 27-0900 — New York Code / Act ENV / Article 27 / Title 9 / Section 27-0900
Applicability
Status: in_force

§ 27-0900. Applicability.\n  It is the purpose of this title to regulate the management of\nhazardous waste (from its generation, storage, transportation, treatment\nand disposal) in this state and to do so in a manner consistent with the\nFederal Solid Waste Disposal Act, as amended by public law 94-580, the\nResource Conservation and Recovery Act of 1976, and as further amended\nby public law 95-609, the Quiet Communities Act of 1978, public law\n96-463, the Used Oil Recycling Act of 1980, public law 96-482, the Solid\nWaste Disposal Act Amendments of 1980, public law 98-616, the Hazardous\nand Solid Waste Amendments of 1984, public law 99-339, the Safe Drinking\nWater Act Amendments of 1986, and public law 99-499, the Superfund\nAmendments and Reauthorization Act of 1986, hereinafter referred to as\n"RCRA". Nothing in this title shall authorize the department to adopt or\namend any rule or regulation in a manner less stringent than provided in\nRCRA.\n
N.Y. ENV Law § 21-0911 — New York Code / Act ENV / Article 21 / Title 9 / Section 21-0911
Inconsistent provisions
Status: in_force

§ 21-0911. Inconsistent provisions.\n  No provision of the Conservation Law, and no provision of the\nEnvironmental Conservation Law, if such provision of the Environmental\nConservation Law was derived from a provision of the Conservation Law,\nwhich is inconsistent with the provisions of the Great Lakes Basin\nCompact shall be applicable to the Great Lakes Commission or to any\nmatter governed by the Great Lakes Basin Compact.\n
N.Y. RSS Law § 375 — New York Code / Act RSS / Article 8 / Title 9 / Section 375
Allowance on superannuation retirement
Status: in_force

§ 375. Allowance on superannuation retirement. a. Except as otherwise\nprovided by subdivisions b, c or d of this section, upon retirement for\nsuperannuation or for any other cause after attainment of age sixty, a\nmember shall receive a retirement allowance which shall consist of:\n  1. An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement and\n  2. A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, and\n  3. A pension of one-one hundred fortieth of his final average salary,\nmultiplied by the number of years for which he has member service\ncredit, plus\n  4. A pension which equals one-seventieth of his final average salary\nmultiplied by the number of years for which he has prior service credit\nand credit for service in war after world war I. This part shall be\ngranted only if the member has credit for one or more years of service\nas a member. This requirement of one or more years of service as a\nmember shall be subject to waiver as provided in subdivision e of\nsection three hundred forty-one of this article.\n  b. Upon retirement for superannuation after attainment of age\nfifty-five and before attainment of age sixty or for any other cause\nafter attainment of age sixty, of a member who is contributing to the\nretirement system pursuant to section three hundred seventy-two of this\narticle on the basis of retirement at age fifty-five, he shall receive a\nretirement allowance which shall consist of:\n  1. An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, and\n  2. A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, and\n  3. A pension for the number of years for which he has member service\ncredit, plus\n  4. A pension for the number of years for which he has prior service\ncredit and credit for service in war after world war I. This part shall\nbe granted only if the member has credit for one or more years of\nservice as a member. This requirement of one or more years of service as\na member shall be subject to waiver as provided in subdivision e of\nsection three hundred forty-one of this article.\nEach such pension specified in paragraphs three and four of this\nsubdivision b shall be the actuarial equivalent, at the time of such\nmember's retirement, of the pension to which he would have been entitled\nfor such service, had he attained age sixty and not elected to\ncontribute on the basis of retirement at age fifty-five.\n  c. Upon retirement for superannuation on or after attainment of age\nfifty-five or for any other cause after attainment of age sixty, of a\nmember who is contributing to the police and fire retirement system on\nthe basis of retirement at age fifty-five pursuant to section three\nhundred seventy-one of this article, he or she shall receive a\nretirement allowance which shall consist of:\n  1. An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, and\n  2. A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, and\n  3. A pension which shall consist of:\n  (a) A pension of one-one hundred twentieth of final average salary\nmultiplied by the number of years for which he has member service credit\nfor service rendered prior to the attainment of age fifty-five, and\n  (b) A pension of one-one hundred fortieth of final average salary\nmultiplied by the number of years for which he has member service credit\nfor service rendered after the attainment of age fifty-five, and\n  (c) A pension of one-sixtieth of final average salary multiplied by\nthe number of years for which he has prior service credit and credit for\nservice in war after world war I for service rendered prior to the\nattainment of age fifty-five, and\n  (d) A pension of one-seventieth of final average salary multiplied by\nthe number of years for which he has prior service credit and credit for\nservice in war after world war I for service rendered after the\nattainment of age fifty-five.\nSubparagraphs (c) and (d) of this paragraph three shall be available\nonly if the member has credit for one or more years of service as a\nmember. This requirement of one or more years of service as a member\nshall be subject to waiver as provided in subdivision e of section three\nhundred forty-one of this article.\n  d. Upon retirement for superannuation on or after attainment of age\nfifty-five or for any other cause after attainment of age sixty, of a\nmember who is contributing to the police and fire retirement system on\nthe basis of retirement at age fifty-five pursuant to section three\nhundred seventy-one-a of this article, he or she shall receive a\nretirement allowance which shall consist of:\n  1. An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, and\n  2. A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, and\n  3. A pension which shall consist of:\n  (a) A pension of one-one hundred twentieth of final average salary\nmultiplied by the number of years for which he has member service\ncredit, and\n  (b) A pension of one-sixtieth of final average salary multiplied by\nthe number of years for which he has prior service credit and credit for\nservice in war after world war I.\nSubparagraph (b) of this paragraph three shall be available only if the\nmember has credit for one or more years of service as a member. This\nrequirement of one or more years of service as a member shall be subject\nto waiver as provided in subdivision e of section three hundred\nforty-one of this article.\n
N.Y. PBA Law § 1207-L — New York Code / Act PBA / Article 5 / Title 9 / Section 1207-L
Inconsistent provisions of other acts superseded
Status: in_force

§ 1207-l. Inconsistent provisions of other acts superseded. Insofar as\nthe provisions of section twelve hundred seven-a through twelve hundred\nseven-k, inclusive, are inconsistent with any other provisions of this\ntitle or of any other act, general or special, or of any local law of\nthe city, the provisions of sections twelve hundred seven-a through\ntwelve hundred seven-k, inclusive, shall be controlling.\n
N.Y. LFN Law § 120.00 — New York Code / Act LFN / Article 2 / Title 9 / Section 120.00
Indebtedness of certain district corporations; amount thereof included as indebtedness of municipalities
Status: in_force

§ 120.00 Indebtedness of certain district corporations; amount thereof\nincluded as indebtedness of municipalities.  a. As used in this section:\n  1. The term "assessment roll" shall mean the assessment roll used for\nthe annual county, city, town or village taxes, as the case may be.\n  2. The term "city, village or town affected" shall mean any city or\nvillage within which or any town within the unincorporated area of\nwhich, all or part of a district corporation, as defined in paragraph a\nof section 102.00 of this chapter, is situated.\n  3. The term "net indebtedness" shall mean any outstanding indebtedness\ncontracted by a district corporation, as defined in paragraph a of\nsection 102.00 of this chapter, on or after January first, nineteen\nhundred thirty-nine, other than an indebtedness which, if contracted by\na city, town or village, would be excluded in ascertaining the power of\nsuch city, town or village to contract indebtedness.\n  4. The term "taxable real property" shall mean real property subject\nto taxation for any purpose by the city, town or village within which it\nis situated.\n  b. If a district corporation, as defined in paragraph a of section\n102.00 of this chapter, is situated wholly within a city, village or the\nunincorporated area of a town, in ascertaining the power of such city,\ntown or village to contract indebtedness there shall be included the net\nindebtedness of such district corporation.\n  c. If only part of a district corporation, as defined in paragraph a\nof section 102.00 of this chapter, is situated within a city, village or\nthe unincorporated area of a town, in ascertaining the power of such\ncity, town or village to contract indebtedness there shall be included\nthe appropriate proportion of the net indebtedness of such district\ncorporation. The amount of net indebtedness to be so included shall be\nannually determined in the following manner:\n  1. If such district corporation is situated wholly within the\nboundaries of a town, or is situated wholly within the boundaries of a\ncounty for which a county assessment roll is prepared, such district\ncorporation, by its finance board, shall ascertain from the last\ncompleted assessment roll of such town or county:\n  (a) The assessed valuation of the taxable real property within such\ndistrict corporation and\n  (b) The assessed valuation of the taxable real property within such\ndistrict corporation situated in each such city, town or village\naffected.\n  The proportion of the net indebtedness to be included in ascertaining\nthe power of each such city, town or village affected to contract\nindebtedness shall be determined by multiplying the amount of such net\nindebtedness of such district corporation by the percentage or ratio the\nassessed valuation of the taxable real property of such district\ncorporation situated in each such city, town or village affected bears\nto the assessed valuation of all the taxable real property within such\ndistrict corporation.\n  2. If such district corporation is not situated wholly within the\nboundaries of a town, or a county for which a county assessment roll is\nprepared, such district corporation, by its finance board, shall\n  (a) Ascertain from the last completed assessment roll of such cities\nor towns within which such district corporation is situated a statement\nof the assessed valuation of the taxable real property within such\ndistrict corporation located in each such city, town or village\naffected.\n  (b) Procure from the appropriate state officer or agency a statement\nof the ratios of the assessed valuation to the true valuation\nestablished by such officer or agency for the last completed assessment\nroll of such cities or towns.\n  (c) Determine the full valuation of the taxable real property within\nsuch district corporation situated in each such city, town or village\naffected by dividing the assessed valuation of such real property by the\nratio fixed for the city or town in which such taxable real property is\nsituated. The total full value of the taxable real property within the\nentire district corporation shall be ascertained by adding together the\nfull value of the taxable real property within the district corporation\nsituated in each city, town or village affected.\n  (d) Ascertain the proportion of net indebtedness to be included in\nascertaining the power of each such city, town or village affected to\ncontract indebtedness by multiplying the amount of such net indebtedness\nof such district corporation by the percentage or ratio the full value\nof the taxable real property within such district corporation situated\nin such city, town or village affected bears to the total full value of\nthe taxable real property within the entire district corporation.\n  d. Immediately after the close of a fiscal year of a district\ncorporation, as defined in paragraph a of section 102.00 of this\nchapter, its finance board shall determine the net indebtedness of such\ndistrict corporation and shall file with the chief fiscal officer of\neach city, town or village affected a written certificate setting forth\nthe amount of such net indebtedness to be included, pursuant to this\nsection, in ascertaining the power of such city, town or village to\ncontract indebtedness.\n
N.Y. VAT Law § 1805 — New York Code / Act VAT / Title 9 / Article 45 / Section 1805
Plea of guilty, how put in
Status: in_force

§ 1805. Plea of guilty, how put in. The provisions of section 170.10\nof the criminal procedure law and the provisions of section eighteen\nhundred seven of this article may be waived, to the extent hereinafter\nindicated, by a defendant charged with a violation of any provision of\nthe tax law or the transportation law regulating traffic, or a traffic\ninfraction, as defined in this chapter, other than a third or subsequent\nspeeding violation committed within a period of eighteen months,\nprovided that he shall submit to the local criminal court having\njurisdiction, in person, by duly authorized agent, by first class mail\nor by registered or certified mail, return receipt requested, an\napplication setting forth (a) the nature of the charge, (b) the\ninformation or instructions required by section eighteen hundred seven\nof this article to be given defendant upon arraignment, (c) that\ndefendant waives arraignment in open court and the aid of counsel, (d)\nthat he pleads guilty to the offense as charged, (e) that defendant\nelects and requests that the charge be disposed of and the fine or\npenalty fixed by the court, pursuant to this section, (f) any statement\nor explanation that the defendant may desire to make concerning the\noffense charged and (g) that defendant makes all statements with respect\nto such application under penalty of perjury. This application shall be\nin such form as the commissioner shall prescribe and a copy thereof\nshall be handed to the defendant by the officer charging him with such\noffense. Thereupon the local criminal court may proceed as though the\ndefendant had been convicted upon a plea of guilty in open court,\nprovided, however, that any imposition of fine or penalty hereunder\nshall be deemed tentative until such fine or penalty shall have been\npaid and discharged in full, prior to which time such court, in its\ndiscretion, may annul any proceedings hereunder, including such\ntentative imposition of fine or penalty, and deny the application, in\nwhich event the charge shall be disposed of pursuant to the applicable\nprovisions of law, as though no proceedings had been had under this\nsection. If upon receipt of the aforesaid application such court shall\ndeny the same, it shall thereupon inform the defendant of this fact, and\nthat he is required to appear before the said court at a stated time and\nplace to answer the charge which shall thereafter be disposed of\npursuant to the applicable provisions of law.\n
N.Y. PBA Law § 1207-F — New York Code / Act PBA / Article 5 / Title 9 / Section 1207-F
Bonds and notes legal investments for fiduciaries
Status: in_force

§ 1207-f. Bonds and notes legal investments for fiduciaries.  The\nbonds and notes of the authority are hereby made securities in which all\npublic officers and bodies of this state and all municipalities and\nmunicipal subdivisions, all insurance companies and associations and\nother persons carrying on an insurance business, all banks, bankers,\ntrust companies, savings banks and savings associations, including\nsavings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nall administrators, guardians, executors, trustees and other\nfiduciaries, and all other persons whatsoever who are now or may\nhereafter be authorized to invest in bonds or other obligations of the\nstate, may properly and legally invest funds including capital in their\ncontrol or belonging to them. Notwithstanding any other provisions of\nlaw, the bonds and notes of the authority are also hereby made\nsecurities which may be deposited with and shall be received by all\npublic officers and bodies of this state and all municipalities and\nmunicipal subdivisions for any purpose for which the deposit of bonds or\nother obligations of this state is now or may hereafter be authorized.\n
N.Y. ENV Law § 17-0909 — New York Code / Act ENV / Article 17 / Title 9 / Section 17-0909
Review by courts
Status: in_force

§ 17-0909. Review by courts.\n  1. The provisions of this section shall apply only to titles 1 to 11,\ninclusive, and title 19 of this article.\n  2. All orders or determinations of the commissioner or the department\nshall be subject to review as provided in article 78 of the Civil\nPractice Law and Rules. Application for such review must be made within\nsixty days after service in person or by mail of a copy of the\ndetermination, or decision upon the attorney of record of the applicant\nand of each person who has filed a notice of appearance, or to the\napplicant in person directly if not represented by an attorney.\n  3. Where a review as provided by article 78 of the Civil Practice Law\nand Rules is not maintainable, either because the person aggrieved was\nnot a party to the original proceedings, or for any other reason, an\norder or determination of the former water pollution control board, the\nformer water resources commission, the department or the commissioner\nmay nevertheless be reviewed as hereinafter provided:\n  a. Application for relief shall be made by special proceeding. The\npetition shall be verified and shall set forth that the classification\nof waters, standards of quality and purity thereof, or the finding,\ndetermination, decision or order sought to be reviewed is illegal, in\nwhole or in part, and specify the grounds of the illegality; it may be\naccompanied by affidavits and other written proof, and shall demand the\nrelief to which the petitioner supposes himself entitled, in the\nalternative or otherwise. Such petition may be made by any person or\npersons jointly or severally aggrieved by a denial or revocation of a\npermit or by any decision of the former Water Pollution Control Board,\nthe former Water Resources Commission, the department, or the\ncommissioner or any act of the executive secretary or other agent or\nperson acting in the name of such board, commission, department, or the\ncommissioner whether or not such petitioner is or was a party to the\nproceedings sought to be reviewed.\n  b. A proceeding brought under the provisions of this subdivision must\nbe instituted by service of the petition and notices of application for\nrelief, within four months after publication as herein provided of the\nclassification of waters or the standards of purity and quality of\nwaters, or after the finding, determination, decision or order sought to\nbe reviewed becomes final and binding upon the petitioner or the person\nwhom he represents, either in law or in fact; or with the court's\npermission within two years, where the petitioner or the person whom he\nrepresents, at the time such determination became final and binding upon\nhim, was under the age of twenty-one years, or mentally ill, or\nimprisoned on a criminal charge or sentenced for a term of less than\nlife.\n  c. In all other respects the procedure prescribed in subdivision 2\nshall be applicable to a review provided by this subdivision.\n
N.Y. ENV Law § 21-0909 — New York Code / Act ENV / Article 21 / Title 9 / Section 21-0909
Transmittal of documents
Status: in_force

§ 21-0909. Transmittal of documents.\n  The Secretary of State is hereby authorized and directed to transmit a\nduly authenticated copy of this title and the act by which it has been\nadded to the Environmental Conservation Law to each jurisdiction party\nto the compact.\n
N.Y. PBA Law § 1861 — New York Code / Act PBA / Article 8 / Title 9 / Section 1861
Exemption from taxation of the property and income of the authority
Status: in_force

§ 1861. Exemption from taxation of the property and income of the\nauthority. The property of the authority and its income and operations\nshall be exempt from taxation.\n
N.Y. PBA Law § 1210 — New York Code / Act PBA / Article 5 / Title 9 / Section 1210
Employees
Status: in_force

§ 1210. Employees. 1. Employees in the competitive and labor classes\nof the classified service in the employ of the board of transportation\nand performing services in respect to subjects or matters, jurisdiction\nof which was transferred to the authority, with the approval of the\nauthority shall be transferred to comparable positions in the employ of\nthe authority; and, any officers and other employees of such board of\ntransportation may be so transferred and appointed by the authority.\n  2. The appointment, promotion and continuance of employment of all\nemployees of the authority shall be governed by the provisions of the\ncivil service law and the rules of the municipal civil service\ncommission of the city. Employees of any board, commission or department\nof the city may be transferred to positions of employment under the\nauthority in accordance with the provisions of the civil service law and\nshall be eligible for such transfer and appointment without examination\nto such positions of employment. Employees who have been appointed to\npositions in the service of the city under the rules of the municipal\ncivil service commission of the city shall have the same status with\nrespect thereto after transfer to positions of employment under the\nauthority as they had under their original appointments. Employees of\nthe authority shall be subject to the provisions of the civil service\nlaw.\n  3. Officers and employees of the city who are members or beneficiaries\nof any existing pension or retirement system shall continue to have the\nrights, privileges, obligations and status with respect to such system\nor systems as if they had continued in their city offices or\nemployments. Employment by the authority shall constitute city service\nfor the purposes of title B of chapter three of the administrative code\nof such city and the contributions required to be made by the authority\npursuant to section B 3-20.0 of such code shall be an operating expense\nof the authority.\n  4. No assignment of, or power of attorney to collect or other\ninstrument affecting, the whole or any part of his salary or earnings by\nan officer or employee of the authority, shall in any way operate to\nprevent the payment of such salary or earnings directly to such officer\nor employee unless approved in writing by a person duly designated by\nthe authority for such purpose. In the event of the payment of such\nsalary or earnings directly to such officer or employee, notwithstanding\nthe existence of an assignment of, or power of attorney to collect or\nother instrument affecting, the whole or part thereof, not approved by\nsuch designated person, no person shall have any cause of action\ntherefor against such authority for the recovery of any moneys by virtue\nof such unapproved assignment, power of attorney to collect or other\ninstrument. Any such assignment, power of attorney or other instrument\nfiled hereafter with the authority shall contain the name of the officer\nor employee affected thereby and his title or the position in which he\nis employed. The authority shall be entitled to receive a fee of two\ndollars upon the filing of such assignment, power of attorney or other\ninstrument. In the event that such assignment, power of attorney or\nother instrument contains a provision to the effect that the same shall\nbe ineffective unless subsequent written notice is given to the\nauthority to make deductions, the filing fee shall be fifty cents; and\nthe filing fee of any such subsequent written notice to make deductions\nin accordance with the terms of any such assignment, power of attorney\nor other instrument shall be one dollar and fifty cents. The filing fee\nof any other notice or paper relating to any such assignment, power of\nattorney or other instrument shall be one dollar.\n
N.Y. SOS Law § 342-A — New York Code / Act SOS / Article 5 / Title 9-B / Section 342-A
Noncompliance with the requirements of this title
Status: in_force

§ 342-a. Noncompliance with the requirements of this title. 1. The\nprovisions of this section shall apply to persons who are residents of a\ncity having a population of one million or more people.\n  2. In accordance with the provisions of this section an individual who\nis required to participate in work activities shall be ineligible to\nreceive public assistance if he or she fails to comply, without good\ncause, with the requirements of this title and the district has\ndetermined that he or she is not exempt from such requirements and has\nverified that appropriate child care, transportation, and accommodations\nfor disability were in place at the time of such failure or refusal.\nSuch ineligibility shall be for the amount and period specified in this\nsection. Good cause for failing to comply with the requirements of this\ntitle shall be defined in department regulations, provided, however,\nthat the parent or caretaker relative of a child under thirteen years of\nage shall not be subject to the ineligibility provisions of this section\nif the individual can demonstrate, in accordance with the regulations of\nthe office of children and family services, that lack of available child\ncare prevents such individual from complying with the work requirements\nof this title. The parent or caretaker relative shall be responsible for\nlocating the child care needed to meet the work requirements; provided,\nhowever, that the relevant social services district shall provide a\nparent or caretaker relative who demonstrates an inability to obtain\nneeded child care with a choice of two providers, at least one of which\nwill be a regulated provider.\n  3. In the case of an applicant for or recipient of public assistance\nwhom the district has determined is not exempt from the requirements of\nthis title and who is a parent or caretaker of a dependent child, the\npublic assistance benefits otherwise available to the household of which\nsuch individual is a member shall be reduced pro-rata until the\nindividual is willing to comply with the requirements of this title\nconsistent with any medical condition which may limit the individual's\nability to participate in work activities.\n  4. In the case of an individual who is a member of a household without\ndependent children whom the district has determined is not exempt from\nthe requirements of this title and who is applying for or in receipt of\nsafety net assistance, the public assistance benefits otherwise\navailable to the household of which such individual is a member shall be\nreduced pro-rata until the failure or refusal to comply with the\nrequirements of this title consistent with any medical condition which\nmay limit the individual's ability to participate in work activities\nceases.\n  5. A recipient of public assistance whom the district has determined\nis not exempt from the requirements of this title and who quits or\nreduces his hours of employment without good cause or due to any medical\ncondition which may limit the individual's ability to participate in\nwork activities shall be considered to have failed to comply with the\nrequirements of this article and shall be subject to the provisions of\nthis section.\n  6. A person described in paragraph (b) of subdivision seven of section\none hundred fifty-nine of this chapter may not be sanctioned if his or\nher failure to comply with requirements of this title is related to his\nor her health status.\n
N.Y. ENV Law § 52-0909 — New York Code / Act ENV / Article 52 / Title 9 / Section 52-0909
Powers and duties of the commissioner
Status: in_force

§ 52-0909. Powers and duties of the commissioner.\n  1. In administering the provisions of this title, the commissioner:\n  (a) shall make an itemized estimate of funds or appropriations by\nproject required annually for inclusion in the executive budget.\n  (b) may in the name of the state as further provided within this\narticle contract to make, within the limitations of appropriations\navailable therefor, a state grant for payment to a municipality or\nnot-for-profit corporation representing the state share of the costs of\na project approved and to be undertaken pursuant to this article. Such\ncontracts shall be subject to approval by the state comptroller and as\nto form by the attorney general.\n  (c) may in the name of the state as further provided within this title\nenter into contracts with public benefit corporations and private\ncontractors for services contemplated by this article to be funded\nhereunder.\n  (d) shall approve vouchers for the payment of assistance pursuant to\nan approved contract. All such payments shall be paid on the audit and\nwarrant of the state comptroller.\n  (e) shall promulgate, after hearings and prior to the receipt of\napplication and/or approval of projects, rules and regulations which\nshall include but need not be limited to: eligibility requirements,\napplication procedures, office ranking and review processes, project\napproval guidelines and criteria, and funding distribution for municipal\npark projects and for each type of historic preservation project.\n  (f) may perform such other and further acts as may be necessary,\nproper or desirable to carry out the provisions of this title.\n  2. All actions taken by the commissioner pursuant to this title shall\nbe consistent with provisions of the federal internal revenue code\nnecessary for the preservation of tax exempt status of bonds issued\nunder the authority granted by the environmental quality bond act of\nnineteen hundred eighty-six.\n
N.Y. PBA Law § 1877 — New York Code / Act PBA / Article 8 / Title 9 / Section 1877
Purposes of the high temperature technology research program
Status: in_force

§ 1877. Purposes of the high temperature technology research program.\nThe purpose of the program shall be to enhance industrial energy\nefficiency pertaining to high temperature operations. In developing the\nprogram, Rensselaer Polytechnic Institute shall conduct, support and\nmonitor high temperature technology research which addresses one or more\nof the following technical subjects:\n  1. high temperature lubrication;\n  2. high temperature materials and structures;\n  3. high temperature energy transfer and conversion;\n  4. high temperature materials processing; and\n  5. use of expert systems in high temperature technology.\n
N.Y. PBA Law § 1213 — New York Code / Act PBA / Article 5 / Title 9 / Section 1213
Report
Status: in_force

§ 1213. Report. Copies of the annual report required to be made and\nsubmitted pursuant to section twenty-eight hundred of this chapter also\nshall be submitted to the mayor, comptroller and board of estimate.\n
N.Y. PBA Law § 1212 — New York Code / Act PBA / Article 5 / Title 9 / Section 1212
Actions against the authority
Status: in_force

§ 1212. Actions against the authority. 1. In every action against the\nauthority for damages, for injuries to real or personal property, or for\nthe destruction thereof, or for personal injuries or death, the\ncomplaint shall contain an allegation that at least thirty days have\nelapsed since the demand, claim or claims upon which such action is\nfounded were presented to a member of the authority, its general manager\nor other officer designated for such purpose and that the authority has\nneglected or refused to make an adjustment or payment thereof for thirty\ndays after such presentment.\n  2. Except in an action for wrongful death, an action against the\nauthority founded on tort shall not be commenced more than one year and\nninety days after the happening of the event upon which the claim is\nbased, nor unless a notice of claim shall have been served on the\nauthority within the time limited, and in compliance with all the\nrequirements of section fifty-e of the general municipal law. An action\nagainst the authority for wrongful death shall be commenced in\naccordance with the notice of claim and time limitation provisions of\ntitle eleven of article nine of this chapter.\n  3. The authority shall be liable for, and shall assume the liability\nto the extent that it shall save harmless any duly appointed officer or\nemployee of the authority for the negligence of such officer or\nemployee, in the operation of a vehicle or other facility of\ntransportation under the jurisdiction and control of the authority, upon\nthe public streets, highways or railroads within the city, in the\ndischarge of a duty imposed upon such officer or employee at the time of\nthe accident, injury or damages complained of, while acting in the\nperformance of his duties and within the scope of his employment.\n  4. No action shall be maintained against the authority or against such\nofficer or employee on account of such negligence unless a notice of\nclaim shall have been made and served on the authority within the time\nlimited and in compliance with all the requirements of section fifty-e\nof the general municipal law; nor unless it shall appear by and as an\nallegation in the complaint that at least thirty days have elapsed since\nthe service of such notice upon a member of the authority, its general\nmanager or other officer designated for such purpose and that the\nauthority has neglected or refused to make an adjustment or payment of\nthe claim for thirty days after the service of such notice; nor unless\nsuch action shall be commenced within one year after the cause of action\ntherefor shall have accrued.\n  5. The authority may require any person, presenting for settlement an\naccount or claim for any cause whatever against the authority, to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose, touching such account or\nclaim and when so sworn to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  6. The rate of interest to be paid by the authority, or by its\nofficers or employees whose liability has been assumed by the authority\npursuant to subdivision three of this section, upon any judgment or\naccrued claim against the authority or such officer or employee, shall\nnot exceed three per centum per annum.\n
N.Y. ENV Law § 27-0909 — New York Code / Act ENV / Article 27 / Title 9 / Section 27-0909
Standards applicable to transporters of hazardous waste
Status: in_force

§ 27-0909. Standards applicable to transporters of hazardous waste.\n  Not later than eighteen months after the effective date of this title,\nand after consultation and coordination with the commissioner of\ntransportation, and after opportunity for public hearings, the\ncommissioner shall promulgate regulations establishing such standards\nwhich shall be applicable to transporters of hazardous waste identified\nor listed under this title, as may be necessary to protect human health\nand the environment. Such standards shall include but need not be\nlimited to requirements respecting:\n  1. Recordkeeping practices that accurately identify the hazardous\nwastes transported, and their sources and delivery points;\n  2. Transportation and storage of such waste only if properly labeled;\n  3. Compliance with the manifest system established under section\n27-0905 of this title;\n  4. Transportation of all such hazardous waste only to the hazardous\nwaste treatment, storage, or disposal facility or facilities which are\ndesignated on the manifest form, a copy of which shall be presented to\nthe generator prior to transportation, and which either hold operation\npermits issued under this article, are a permittee under the Federal\nResource Conservation and Recovery Act of nineteen hundred seventy-six\nor any amendments thereof, or are otherwise duly authorized to accept\nhazardous waste; and\n  5. Requirement of a bond to meet all responsibilities in case of\nrelease of hazardous wastes causing damage as a condition to the\nissuance of a permit to a transporter required by this title.\n  6. No vehicle, vehicle container, holding tank or other equipment used\nto transport hazardous waste shall be used in transporting any item\nintended for human or animal consumption unless such waste and its\nresidue have been completely removed. The commissioner shall promulgate\nregulations establishing such minimum standards and procedures necessary\nto insure proper cleaning and removal of hazardous waste and its residue\nfrom such equipment.\n
N.Y. PBA Law § 1869 — New York Code / Act PBA / Article 8 / Title 9 / Section 1869
Termination of the authority
Status: in_force

§ 1869. Termination of the authority. The authority and its corporate\nexistence shall continue until terminated by law, provided, however,\nthat no such law shall take effect so long as the authority shall have\nbonds, notes or other obligations outstanding. Upon termination of the\nexistence of the authority all its rights, property, assets and funds\nshall pass to and be vested in the state. For the purposes of this\nsection, any appropriation or advance made to the authority by the\nstate, which has not been repaid, shall not be deemed to be an\noutstanding obligation of the authority.\n
N.Y. ENV Law § 71-0901 — New York Code / Act ENV / Article 71 / Title 9 / Section 71-0901
Applicability of title
Status: in_force

§ 71-0901. Applicability of title.\n  In addition to the provisions of sections 71-0101, 71-0301 and title 5\nof this article the provisions of this title shall be applicable to the\nenforcement of articles 11 and 13 of this chapter.  This title shall\nalso apply to enforcement undertaken pursuant to the functions, powers,\nduties and obligations of the Department of Environmental Conservation\nprovided for in section 41-0105.\n
N.Y. PBA Law § 1854-B — New York Code / Act PBA / Article 8 / Title 9 / Section 1854-B
Low-level radioactive waste management facilities
Status: in_force

§ 1854-b. Low-level radioactive waste management facilities. In\naddition to those purposes otherwise set forth in this title, the\npurposes of the authority shall include the management of low-level\nradioactive waste. In carrying out that purpose, the authority shall\nhave the powers and responsibilities set forth in sections eighteen\nhundred fifty-four-c and eighteen hundred fifty-four-d of this title, in\naddition to those otherwise set forth in this title.\n
N.Y. RSS Law § 89-A — New York Code / Act RSS / Article 2 / Title 9 / Section 89-A
Optional retirement of sheriffs, under-sheriffs and regular deputy sheriffs
Status: in_force

§ 89-a. Optional retirement of sheriffs, under-sheriffs and regular\ndeputy sheriffs. (a) Any member who is a sheriff or under-sheriff, or a\nregular deputy sheriff in any county who is engaged directly in criminal\nlaw enforcement activities, may elect to contribute to the retirement\nsystem on the basis of retirement after the completion of twenty-five\nyears of total creditable service, provided the member has reached age\nflfty, or upon attainment of age sixty-five, on an allowance of\none-fiftieth of his final average salary for each year of creditable\nservice not in excess of twenty-five years, except as hereinafter\notherwise provided. Such election shall be in writing and shall be duly\nexecuted and filed with the comptroller on or before July first,\nnineteen hundred sixty-nine. One year or more after the filing thereof,\na member may withdraw any such election by written notice duly\nacknowledged and filed with the comptroller\n  (b) On and after the date this section takes effect, every sheriff,\nunder-sheriff and regular deputy sheriff entering or re-entering service\nas such and within one year from the date of entry or re-entry, and\nregardless of age, may elect to contribute on the basis provided by this\nsection. One year or more after the filing thereof, a member may\nwithdraw any such election by written notice duly acknowledged and filed\nwith the comptroller.\n  (c) As used in this section "creditable service" shall include (1) in\nthe case of a sheriff or under-sheriff, any and all services performed\nas a sheriff and/or under-sheriff of a county and all criminal law\nenforcement services performed as a regular deputy sheriff of a county,\nprovided, however, that criminal law enforcement service shall only be\ncreditable when it aggregates fifty percentum or more of his service as\na regular deputy sheriff and (2) in the case of a regular deputy\nsheriff, all criminal law enforcement services performed as a regular\ndeputy sheriff of a county, provided, however, that criminal law\nenforcement service shall only be creditable when it aggregates fifty\npercentum or more of such service and any and all services performed as\na sheriff and/or under-sheriff of a county.\n  (d) Credit for service as a member or officer of the state police or\nas a paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district, or as a criminal investigator in\nthe office of a district attorney, provided that service as such\ninvestigator shall have been rendered prior to January first, nineteen\nhundred sixty and that credit therefor shall not exceed five years,\nshall also be deemed to be creditable service and shall be included in\ncomputing years of total service for retirement pursuant to this\nsection, provided such service was performed by the member while\ncontributing to the retirement system pursuant to the provisions of this\narticle or article eight of this chapter.\n  (e) A sheriff shall certify to the comptroller, periodically and at\nsuch intervals of time as may be required of him and in such fashion as\nmay be prescribed, the identity of the regular deputy sheriffs in his\nemploy who are engaged directly in criminal law enforcement activities.\n  (f) A member, who elects or is required to contribute in accordance\nwith this section, shall contribute, in lieu of the proportion of\ncompensation as provided in section twenty-one of this article, a\nproportion of his compensation similarly determined. Such latter\nproportion shall be computed to provide, at the time when he shall first\nbecome eligible for retirement under this section, an annuity equal to\none-one hundredth of his final average salary for each year of\ncreditable service and as a member rendered after this section becomes\neffective and prior to the attainment of the age when he shall first\nbecome eligible for retirement. Such member's rate of contribution\npursuant to this section shall be appropriately reduced pursuant to\nsection seventy-a of this article for such period of time as his\nemployer contributes pursuant to such section toward\npensions-providing-for-increased-take-home-pay. No such member shall be\nrequired to make contributions after completing twenty-five years of\nsuch service.\n  (g) A member, excepting a sheriff, contributing on the basis of this\nsection at the time of retirement, shall retire either (a) after the\ncompletion of twenty-five years of total creditable service, provided he\nhas reached age fifty, or (b) upon the attainment of age sixty-five.\nApplication therefor may be filed in a manner similar to that provided\nin section seventy of this article.\n  (1) Upon completion of twenty-five years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement and an\nadditional pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled\nshall be sufficient to provide him with a retirement allowance equal to\none-half of his final average salary.\n  (2) Upon attainment of age sixty-five and upon retirement without\ncompletion of twenty-five years of such service, each such member shall\nreceive a pension which together with an annuity which shall be the\nactuarial equivalent of his accumulated contributions at the time of his\nretirement and an additional pension which is the actuarial equivalent\nof the reserve-for-increased-take-home-pay to which he may then be\nentitled, shall be sufficient to provide him with a retirement allowance\nequal to one-fiftieth of his final average salary for each year of\ncreditable service in a sheriff's department. Every such member shall\nalso be entitled to an additional pension equal to the pension for any\ncreditable service rendered while not an employee of a sheriff's\ndepartment as provided under paragraphs three and four of subdivision a\nof section seventy-five of this article. This latter pension shall not\nincrease the total allowance to more than one-half of his final average\nsalary.\n  For the purpose only of determining the amount of the pension provided\nin this subdivision, the annuity shall be computed as it would be if it\nwere not reduced by the actuarial equivalent of any outstanding loan,\nand if it were not increased by the actuarial equivalent of any\nadditional contributions, and if it were not reduced by reason of the\nmember's election to decrease his annuity contributions to the\nretirement system in order to apply the amount of such reduction in\npayment of his contributions for old-age and survivors insurance\ncoverage.\n  (h) The entire additional cost for the increased pension to members,\nas provided by this section, shall be paid by the members. The county by\nwhich the members are employed may, however, by appropriate action,\nelect to assume and pay all or part of the additional cost. The actuary\nof the retirement system shall compute the extra contribution required\nfor each member who elects to receive the special benefits provided\nunder this section. Such extra contribution shall be computed on the\nbasis of contributions during the prospective service of such member\nwhich will cover the liability of the retirement system for such extra\npensions. Upon approval by the comptroller, such extra contributions\nshall be certified by him to the appropriate boards of supervisors, and\nsuch a board shall advise each member affected the amount of extra\ncontribution attributable to him. Where a county has elected to assume\nand pay all or part of the additional cost, the amount of extra\ncontributions in connection therewith shall be included in the annual\nappropriation of the county for the sheriff's department and such amount\nshall be paid on the warrant of the comptroller to the pension\naccumulation fund of the retirement system. The remaining extra\ncontributions, if any, shall be paid, in appropriate amounts, by the\nmember or members whose extra contribution was not included in the\nannual appropriation of the county for the sheriff's department, and\npayment is to be made to the retirement system in such manner as said\nsystem may prescribe.\n  (i) In computing the twenty-five years of total service of a member\npursuant to this section full credit shall be given and full allowance\nshall be made for service of such member in time of war after world war\nI as defined in section two of this chapter, provided such member at the\ntime of his entrance into the military service of the United States was\nthen a resident of this state and in the service of a sheriffs\ndepartment and (1) had been honorably discharged or released under\nhonorable circumstances from such military service, or (2) has a\nqualifying condition, as defined in section three hundred fifty of the\nexecutive law, and received a discharge other than bad conduct or\ndishonorable from such service, or (3) is a discharged LGBT veteran, as\ndefined in section three hundred fifty of the executive law, and\nreceived a discharge other than bad conduct or dishonorable from such\nservice, and such member returned to the service of a sheriffs\ndepartment within the time limited by section two of this chapter.\n  (j) Any amounts credited to the member's annuity savings account,\nexcept the amounts contributed or required to be contributed under this\nsection and except such amounts as are required to produce the\nretirement allowance provided by subdivision (g) of this section,\nexclusive of any contributions made under the provisions of subdivision\ni and/or j of section twenty-one of this chapter, may at the option of\nthe member at the time of retirement be withdrawn or used to provide an\nannuity in addition to the annuity prescribed by this section.\n  (k) The provisions of this section shall be controlling\nnotwithstanding any provision in this article to the contrary.\n
N.Y. ENV Law § 52-0903 — New York Code / Act ENV / Article 52 / Title 9 / Section 52-0903
Municipal regulations; limitations
Status: in_force

§ 52-0903. Municipal regulations; limitations.\n  A municipality which acquires, develops, improves, restores or\nrehabilitates property with funds made available pursuant to this title\nmay establish reasonable rules and regulations by local law or otherwise\nto assure the proper administration and development thereof, provided\nthat no such rule or regulation which restricts the use of such lands or\nfacilities by non-residents of the municipality shall be effective\nwithout the express approval of the commissioner.\n
N.Y. VAT Law § 1809-B — New York Code / Act VAT / Title 9 / Article 45 / Section 1809-B
Mandatory surcharge required for certain violations relating to handicapped parking spaces
Status: in_force

§ 1809-b. Mandatory surcharge required for certain violations relating\nto handicapped parking spaces. 1. Notwithstanding any other provision of\nlaw, whenever proceedings in an administrative tribunal or a court\nresult in a finding of liability, or conviction for a violation of\nsection twelve hundred three-a, twelve hundred three-b or twelve hundred\nthree-c of this chapter or any other statute, local law, ordinance or\nrule involving the parking, stopping or standing of motor vehicles\nregistered pursuant to section four hundred four-a of this chapter or\nthose possessing a special vehicle identification parking permit issued\nin accordance with section one thousand two hundred three-a of this\nchapter, there shall be levied a mandatory surcharge in addition to any\nother sentence, fine or penalty otherwise permitted or required, in the\namount of thirty dollars. Such surcharge shall not be deemed a monetary\npenalty for the purposes of section two hundred thirty-seven of this\nchapter or section 19-203 of the administrative code of the city of New\nYork.\n  2. The mandatory surcharge provided for in subdivision one of this\nsection shall be paid to the clerk of the court or administrative\ntribunal that made the determination of liability. Within the first ten\ndays of the month next succeeding the collection of such surcharge, the\ncollecting authority shall pay fifteen dollars of such surcharge to the\nchief fiscal officer of the county in which such violation occurred or\nof the city of New York, for deposit to the credit of the handicapped\nparking education fund of such county or city established pursuant to\nsection twelve hundred three-g of this chapter which shall be used by\nsuch county or city solely for a handicapped parking education program\npursuant to such section. The remaining amount of the surcharge shall be\npaid to the chief fiscal officer of the municipality from which it\noriginated and used by such municipality for its local criminal justice\nprograms and purposes; provided, however, that such municipality shall\nuse ten percent of such funds for developing and implementing a\ndisability awareness program for local law enforcement agencies for the\npurpose of training local law enforcement personnel to recognize and\nappropriately respond to persons with disabilities with whom such\npersonnel come into contact in the course of their duties.\n
N.Y. PBA Law § 1881 — New York Code / Act PBA / Article 8 / Title 9 / Section 1881
High phase order electric transmission research project
Status: in_force

§ 1881. High phase order electric transmission research project. The\npurpose of this project shall be to convert an existing transmission\nline to a high phase order line, carry out test and operation procedures\nand provide results of these procedures for evaluation.\n
N.Y. ENV Law § 19-0921 — New York Code / Act ENV / Article 19 / Title 9 / Section 19-0921
Enforcement
Status: in_force

§ 19-0921. Enforcement.\n  1. The commissioner may use the powers granted under title three of\nthis article to determine attainment of, or compliance with, the\nemission controls and reductions required by this article.\n  2. The commissioner may request the advice and assistance of other\nagencies of the state, including but not limited to the commissioners of\nhealth, commerce, energy, and parks, recreation and historic\npreservation, and the chairmen of the public service commission and the\nAdirondack park agency. The commissioner may further request submission\nof studies conducted or reports published by such agencies that may aid\nthe commissioner in the enforcement of the provisions of this title.\n  3. The commissioner shall make a written report to the legislature\nupon his finding that a Federal law has been enacted that will result in\nat least a fifty percent reduction in the emissions of SO2, as defined\nin section sixty-six-k of the public service law, by electric generating\nsources pursuant to title four of the Federal Clean Air Act after full\nimplementation.\n
N.Y. ENV Law § 15-0909 — New York Code / Act ENV / Article 15 / Title 9 / Section 15-0909
Payment of costs
Status: in_force

§ 15-0909. Payment of costs.\n  The expense of any hearing initiated by petition shall be certified by\nthe department to the person or public corporation filing such petition,\nand shall be paid by such petitioner within thirty days after the\nreceipt of the certificate.\n
N.Y. PBA Law § 363 — New York Code / Act PBA / Article 2 / Title 9 / Section 363
Annual report
Status: in_force

§ 363. Annual report. The authority shall submit to the governor, to\nthe legislature, to the comptroller and to the director of the budget on\nor before the first day of February of each year a detailed report\nsetting forth its operations and fiscal transactions during the\npreceding calendar year with a statement of its financial condition as\nof the end of such year and a statement of all receipts and expenditures\nduring such year. Such report shall include detailed information\nrelating to additional expenditures incurred by the authority as a\nresult of the amendments made to subdivision four of section three\nhundred fifty-nine of this chapter pursuant to the chapter of the laws\nof nineteen hundred ninety-two which enacted this sentence.\n
N.Y. ENV Law § 37-0913 — New York Code / Act ENV / Article 37 / Title 9 / Section 37-0913
Notice to retailers and the public
Status: in_force

§ 37-0913. Notice to retailers and the public.\n  1. A manufacturer of a children's product containing a high-priority\nchemical shall notify persons that offer the children's product for sale\nor distribution in the state, in a form prescribed by the department, of\nthe use of such high-priority chemical and provide such persons with\ninformation regarding the toxicity of such chemical, except that this\nsubdivision shall apply to trace contaminants in a manner consistent\nwith section 37-0907 of this title.\n  2. The department shall provide information to the public about\nchildren's products containing chemicals of concern or high priority\nchemicals by posting such information as reported by the manufacturers\non the department's website, provided however, that the department shall\nnot be held liable for the accuracy of a manufacturer's report.\n
N.Y. ENV Law § 27-0915 — New York Code / Act ENV / Article 27 / Title 9 / Section 27-0915
Inspections and general reporting
Status: in_force

§ 27-0915. Inspections and general reporting.\n  1. For purposes of developing or assisting in the development of any\nregulation or enforcing the provisions of this title, any person who\ngenerates, stores, treats, transports, disposes of, or otherwise handles\nhazardous wastes shall, upon oral or written request of any officer or\nemployee of the department, when properly identified and duly designated\nby the commissioner, furnish or permit such officer or employee at all\nreasonable times to have access to, and to copy all records relating to\nsuch wastes. For the purposes of developing or assisting in the\ndevelopment of any regulation or enforcing the provisions of this title,\nsuch officers or employees are authorized after proper notification and\nidentification:\n  a. To enter at reasonable times any establishment or other place\nmaintained by any person where hazardous wastes are generated, stored,\ntreated, or disposed of;\n  b. To inspect and obtain samples from any person of any such wastes\nand samples of any containers or labeling for such wastes.\n  Each such inspection shall be commenced and completed with reasonable\npromptness. If the officer or employee obtains any samples, prior to his\nleaving the premises, he shall give to the owner, operator, or agent in\ncharge a receipt describing the sample obtained and if requested a\nportion of each such sample equal in volume or weight to the portion\nretained. If any analysis is made of such samples, a copy of the results\nof such analysis shall be furnished promptly to the owner, operator, or\nagent in charge.\n
N.Y. PBA Law § 1866 — New York Code / Act PBA / Article 8 / Title 9 / Section 1866
State not liable on bonds and notes
Status: in_force

§ 1866. State not liable on bonds and notes. The bonds and notes shall\nnot be a debt of the state of New York nor shall the state be liable\nthereon and such bonds and notes shall contain on the face thereof a\nstatement to that effect.\n
N.Y. RSS Law § 89-SS — New York Code / Act RSS / Article 2 / Title 9 / Section 89-SS
Retirement of members employed as an emergency medical technician, critical care technician, advanced emergency medical technician, param...
Status: in_force

§ 89-ss. Retirement of members employed as an emergency medical\ntechnician, critical care technician, advanced emergency medical\ntechnician, paramedic or supervisor of such titles in a participating\nSuffolk county fire district.  a. Any member employed on or after\nDecember eighth, two thousand twenty-three as an emergency medical\ntechnician, critical care technician, advanced emergency medical\ntechnician, paramedic or supervisor of such titles upon an election by a\nparticipating Suffolk county fire district shall be eligible to retire\npursuant to the provisions of this section. Such eligibility shall be an\nalternative to the eligibility provisions available under any other plan\nof this article to which such member is subject.\n  b. Such member shall be entitled to retire upon the completion of\ntwenty-five years of total creditable service by filing an application\ntherefor in the manner provided for in section seventy of this article.\n  c. Upon completion of twenty-five years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of his or her\naccumulated contributions at the time of his or her retirement and an\nadditional pension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which he or she may then be\nentitled shall be sufficient to provide him or her with a retirement\nallowance equal to one-half of his or her final average salary.\n  d. As used in this section "creditable service" shall include any and\nall services performed as an emergency medical technician, critical care\ntechnician, advanced emergency medical technician, paramedic or\nsupervisor of such titles employed by a participating Suffolk county\nfire district.\n  e. Credit for service as a paid firefighter or officer of any\norganized fire department shall also be deemed to be creditable service\nand shall be included in computing years of total service for retirement\npursuant to this section.\n  f. A member contributing on the basis of this section at the time of\nretirement, may retire after the completion of twenty-five years of\ntotal creditable service. Application therefor may be filed in a manner\nsimilar to that provided in section seventy of this article. Upon\ncompletion of twenty-five years of such service and upon retirement,\neach such member shall receive a pension which, together with an annuity\nwhich shall be the actuarial equivalent of his or her accumulated\ncontributions at the time of his or her retirement and an additional\npension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which he or she may then be\nentitled shall be sufficient to provide him or her with a retirement\nallowance equal to one-half of his or her final average salary; for\nservice beyond twenty-five years the benefit is increased by\none-sixtieth of final average salary for each year of additional service\ncredit provided, however, that the total allowance payable pursuant to\nthis section shall not exceed three-fourths of such member's final\naverage salary.\n  g. In computing the twenty-five years of total service of a member\npursuant to this section full credit shall be given and full allowance\nshall be made for service of such member in time of war after World War\nI as defined in section two of this chapter, provided such member at the\ntime of his or her entrance into the armed forces was employed by a\nparticipating Suffolk county fire district.\n  h. Nothing in this section shall be construed to prevent a member, who\ndoes not retire pursuant to the provisions of this section, from\nutilizing service which is creditable service pursuant to the provisions\nof this section for service credit pursuant to the provisions of any\nother plan of this article to which such member is subject.\n  i. The provisions of this section shall be controlling notwithstanding\nany other provision of this article to the contrary.\n  j. (1) Each Suffolk county fire district that elects pursuant to the\nprovisions of this subdivision shall pay the cost attributable therefor.\n  (2) The benefits of this section shall be available only to those\nmembers defined in subdivisions a and d of this section whose employer\nelects to provide such benefits by adopting a resolution to such effect\nand filing a certified copy thereof with the comptroller. Such\nresolution shall be accompanied by the affidavit of the chief executive\nofficer of the fire district that the fire district has received an\nestimate from the retirement system of the cost of the benefit provided\nby this section.\n  (3) Such resolution shall apply to all members defined in subdivisions\na and d of this section.\n
N.Y. ENV Law § 52-0901 — New York Code / Act ENV / Article 52 / Title 9 / Section 52-0901
Approval and execution of projects
Status: in_force

§ 52-0901. Approval and execution of projects.\n  1. State historic preservation projects. State historic preservation\nprojects may be undertaken pursuant to the provisions of this article\nonly with the approval of the commissioner.\n  2. Municipal historic preservation projects. The commissioner and a\nmunicipality may enter into a contract for the undertaking by the\nmunicipality of a municipal historic preservation project. Municipal\nhistoric preservation projects shall be recommended to the commissioner\nby the governing body of the municipality and when approved by the\ncommissioner, may be undertaken by the municipality pursuant to this\ntitle and any other applicable provision of law. The state share of the\ncost of a municipal preservation project in no event shall exceed fifty\npercent of the cost, less any federal assistance received or to be\nreceived for the project. To assure the availability of funds for as\nwide a range of projects as possible, the commissioner may, in his\ndiscretion, limit the dollar amount that may be made available for any\nproject. For the purpose of determining the amount of the state share,\nthe cost of the project shall not be more than the amount set forth in\nthe application for a state share made by a municipality and approved by\nthe commissioner. The state share of the cost of a project shall be paid\non audit and warrant of the state comptroller on a certificate of\navailability of the director of the budget.\n  3. Not-for-profit historic preservation projects. The commissioner and\na not-for-profit corporation may enter into a contract for the\nundertaking by the not-for-profit corporation of a not-for-profit\nhistoric preservation project. A not-for-profit historic preservation\nproject shall be recommended to the commissioner by the governing body\nof a not-for-profit corporation which demonstrates to the satisfaction\nof the commissioner that it is capable of operating and maintaining such\nproperty for the benefit of the public. Upon approval by the\ncommissioner, such project may be undertaken pursuant to the provisions\nof this title and any other applicable provision of law. The state share\nof the cost of a not-for-profit historic preservation project shall in\nno event exceed fifty percent of the cost, less any state assistance\nfrom any source other than pursuant to this title and less any federal\nassistance, received or to be received for such project. To assure the\navailability of funds for as wide a range of projects as possible, the\ncommissioner may, in his discretion, limit the dollar amount that may be\nmade available for any project. For the purpose of determining the\namount of the state share, the cost of the project shall not be more\nthan the amount set forth in the application for a state share made by a\nnot-for-profit corporation and approved by the commissioner. The state\nshare of the costs of a project shall be paid on audit and warrant of\nthe state comptroller on certificate of availability of the director of\nthe budget.\n  4. Municipal park projects. The commissioner and a municipality may\nenter into a contract for the undertaking by the municipality of a\nmunicipal park project. Municipal park projects shall be recommended to\nthe commissioner by the governing body of the municipality, and when\napproved by the commissioner, may be undertaken by the municipality\npursuant to this title and any other applicable provisions of law. The\nstate share of the cost of a municipal park project in no event shall\nexceed fifty percent of the approved project cost, less any federal\nassistance received or to be received for the project. To assure the\navailability of funds for as wide a range of projects as possible, the\ncommissioner may, in his discretion, limit the dollar amount that may be\nmade available for any project. For the purpose of determining the\namount of the state share, the cost of the project shall not be more\nthan the amount set forth in the application for a state share made by a\nmunicipality and approved by the commissioner. The state share of the\ncost of a project shall be paid on audit and warrant of the state\ncomptroller on certificate of availability of the director of the\nbudget.\n  5. Urban cultural park projects. a. State urban cultural park system\nprojects including state environmental, cultural or recreational\nfacilities and sites within state designated urban cultural parks and\ninterpretive/visitor center facilities in each such park as such\nprojects are identified in a management plan prepared pursuant to\nsection 35.05 of the parks, recreation and historic preservation law\nshall be undertaken pursuant to the provisions of this article only with\nthe approval of the commissioner and the director of the budget.  The\nstate share of interpretive/visitor center facility projects shall be\none hundred percent of the cost and such projects shall be subject to an\nagreement by the local urban cultural park management entity to operate\nsuch facility.\n  b. Local urban cultural park resource projects. The commissioner and a\nmunicipality, public corporation or not-for-profit corporation may enter\ninto a contract subject to the approval of the director of the budget\nfor the undertaking by the municipality, public corporation or\nnot-for-profit corporation of a local urban cultural park project\nincluding parkwide and district projects identified in a management plan\nprepared pursuant to section 35.05 of the parks, recreation and historic\npreservation law. To assure the availability of funds for as wide a\nrange of projects as possible, the commissioner may, in his discretion,\nlimit the dollar amount that may be made available for any project. For\nthe purpose of determining the amount of the state share, the cost of\nthe project shall not be more than the amount set forth in the\napplication for a state share made by the municipality, public\ncorporation or not-for-profit corporation and approved by the\ncommissioner. The state share of the cost of a project shall be paid on\naudit and warrant of the state comptroller on certificate of\navailability of the director of the budget.\n
N.Y. LAB Law § 632 — New York Code / Act LAB / Article 18 / Title 9 / Section 632
False statements or representations
Status: in_force

§ 632. False statements or representations. 1. Benefits and\ncontributions.  Any person shall be guilty of a misdemeanor who wilfully\nmakes a false statement or representation\n  (a) with the effect of obtaining, either for himself or for any other\nperson, any benefit or payment under the provision of this article or of\nany similar law of another state or the United States in regard to which\nthis state acted as agent pursuant to an arrangement authorized by this\narticle, or\n  (b) in order to reduce the amount of contributions to the fund.\n  2. Sale price of commodities. Any person who, in connection with the\nsale or offer for sale of any commodity or service, or for the purpose\nof making such sale, makes any statement, written or oral, ascribing a\nparticular part of the price of such commodity or service to a\ncontribution imposed under this article knowing that such statement is\nfalse or that the contribution is not so great as the portion of such\nprice ascribed to such contribution, shall be guilty of a misdemeanor.\n
N.Y. SOS Law § 335-C — New York Code / Act SOS / Article 5 / Title 9-B / Section 335-C
Pilot programs
Status: in_force

§ 335-c. Pilot programs. From the funds specifically appropriated\ntherefor the commissioner of the office of temporary and disability\nassistance in cooperation with the commissioner of the office of\nchildren and family services may conduct pilot programs in up to five\nsocial services districts to provide intensive employment and other\nsupportive services including job readiness and job placement services\nto non-custodial parents who are unemployed or who are working less than\ntwenty hours per week; who are recipients of public assistance or whose\nincome does not exceed two hundred percent of the federal poverty level;\nand who have a child support order payable through the support\ncollection unit as created by section one hundred eleven-h of this\nchapter or have had paternity established for his or her child and a\ncourt proceeding has been initiated to obtain an order of child support,\nand the custodial or non-custodial parent is receiving child support\nservices through a social services district. Non-custodial parents\ndetermined to be eligible for participation in the pilot programs shall\nbe informed of the opportunity to participate in such programs on a\nvoluntary basis. The pilot programs shall have as one component\nparenting education for the non-custodial parents. Non-custodial parents\nshall be required to attend such parenting education as a condition of\nparticipating in the pilot programs.\n
N.Y. PBA Law § 1225-H — New York Code / Act PBA / Article 5 / Title 9-A / Section 1225-H
Resources of the fund
Status: in_force

§ 1225-h. Resources of the fund. (a) Subject to the provisions of this\ntitle the trustees of the fund shall receive, accept, invest,\nadminister, expend and disburse for its corporate purposes all monies\nfor the transit construction fund from whatever sources derived.\n  (b) The monies of the fund shall be paid to the comptroller of the\ncity as agent of the fund, who shall not commingle such monies with any\nother monies.\n  (c) The monies in any of the fund's accounts shall be paid out on\nchecks signed by the comptroller of the city on requisitions of the\nchairman of the trustees of the fund or of such other officer or\nemployee as the trustees shall authorize to make such requisition.\n  (d) Subject to the terms of any lease, sublease, or agreement\nundertaken by the fund, any such monies of the fund not required for\nimmediate use may, at the discretion of the fund, be invested in\nobligations of the United States, the state or the city or in\nobligations the principal and interest of which are guaranteed by the\nUnited States or the state or for the payment of which the faith and\ncredit of the United States or the state is pledged.  The comptroller of\nthe city, as agent of the fund, shall make the investments when so\nrequested by the fund.\n  (e) The comptroller of the city or his legally authorized\nrepresentative from time to time may examine the books and accounts of\nthe fund, including its receipts, disbursements, contracts, reserves,\ninvestments, and any other matters relating to its financial standing.\nSuch an examination shall be conducted by the comptroller of the city at\nleast once every five years or, in lieu of such an examination, the\ncomptroller of the city may accept from the fund an external examination\nof the fund's books and accounts made at the request of the trustees of\nthe fund.\n
N.Y. ENV Law § 24-0903 — New York Code / Act ENV / Article 24 / Title 9 / Section 24-0903
Land use regulations for freshwater wetlands
Status: in_force

§ 24-0903. Land use regulations for freshwater wetlands.\n  1. The commissioner shall classify freshwater wetlands according to\ntheir most appropriate uses, in light of the values set forth in section\n24-0105 of this article and the present conditions of such wetlands. The\ncommissioner shall determine what uses of such wetlands are most\ncompatible with the foregoing and shall prepare minimum land use\nregulations to permit only such compatible uses. The classifications may\ncover freshwater wetlands in more than one governmental subdivision.\nPermits pursuant to section 24-0701 of this article are required whether\nor not a classification has been promulgated.\n  2. The commissioner shall upon completion of minimum land use\nregulations as provided in subdivision one of this section, forward the\nsame to the local governments affected thereby. Within six months of\nreceipt of the minimum land use regulations, the legislative body of\neach such local government shall submit to the commissioner proposed\nregulations governing the freshwater wetlands within its boundaries.\nSuch proposed regulations shall be consistent with the purposes of this\narticle and may be more restrictive than the minimum land use\nregulations as determined by the commissioner under this article. Where\nthe proposed local wetlands use regulations do not meet the minimum land\nuse regulations as determined by the commissioner, the proposed local\nregulations shall be accompanied by supporting materials setting forth,\namong other things, that there are overriding economic and social\nconsiderations vital to the growth and economic base of such local\ngovernment that clearly require such variance.\n  3. If the commissioner finds that the proposals meet the conditions\nstated in subdivision two of this section, the commissioner, after\ntaking into consideration their effect on other local governments, may\napprove said local land use regulations.\n  4. In the event the commissioner does not approve local freshwater\nwetlands land use regulations, he shall then frame land use regulations\ngoverning such freshwater wetlands.\n  5. Prior to the adoption of any land use regulations governing\nfreshwater wetlands, the commissioner shall hold a public hearing\nthereon in the area in which the affected freshwater wetlands are\nlocated, and give fifteen days prior notice thereof by posting on the\ndepartment's website or by publication at least once in a newspaper\nhaving general circulation in the area of the local government involved.\nThe commissioner shall promulgate the regulations and post such order on\nthe department's website or publish such order in a newspaper having\ngeneral circulation in the area of the local government affected and\nmake such plan available for public inspection and review.\n  6. The commissioner shall accept and review applications to change the\nregulations annually.\n  7. Any person aggrieved by any such order or regulation may seek\njudicial review pursuant to article seventy-eight of the civil practice\nlaw and rules in the supreme court for the county in which the\nfreshwater wetland is located, within thirty days after the date of the\nfiling of the order with the clerk of the county in which the wetland is\nlocated.\n  8. Except as provided in section 24-0805 of this article, this section\nshall not apply to freshwater wetlands or portions thereof located\nwithin the Adirondack park.\n
N.Y. PBA Law § 1872-A — New York Code / Act PBA / Article 8 / Title 9 / Section 1872-A
Affordable residential green building program
Status: in_force

§ 1872-a. Affordable residential green building program.\nNotwithstanding any law, rule or regulation to the contrary, the\nauthority shall establish and administer a program pursuant to standards\nand criteria established by the authority which would provide\ninformation and resources including technical assistance, access to\nindustry standards, and financing available through the authority or\nother public or private sector sources, to developers, builders, design\nprofessionals, and potential owners for the construction of new\nresidential buildings which are affordable. Such resources shall be\navailable based upon the use of design and building techniques\nestablished by the authority which promote integrated design practices\nfor new construction smart growth and smart planning, the reduction of\ngreenhouse gas emissions, achieve energy efficiency and reduce energy\nconsumption, encourage the incorporation of environmentally responsible\nproducts, promote the efficient use of all heating fuels and natural\nresources, reduce waste and promote a healthy indoor living environment\nwhile maintaining affordability for household incomes as provided in\nthis section. The authority shall create and maintain guidelines to\nestablish affordable green residential building standards and criteria,\nand to connect potential owners, builders, developers, and design\nprofessionals associated with the construction of residential buildings\nwith resources for financing, best practices for construction, and other\ninformation to achieve these standards and criteria for implementation\nof such program.  The authority shall prepare an annual report on such\nprogram which shall be posted on the authority's website.\n
N.Y. ENV Law § 27-0914 — New York Code / Act ENV / Article 27 / Title 9 / Section 27-0914
Unauthorized possession, disposal and dealing in hazardous wastes
Status: in_force

§ 27-0914. Unauthorized possession, disposal and dealing in hazardous\n             wastes.\n  1. No person shall possess hazardous wastes without authorization.\n  2. No person shall dispose of hazardous wastes without authorization.\n  3. No person shall deal in hazardous wastes without authorization.\n
N.Y. SOS Law § 340 — New York Code / Act SOS / Article 5 / Title 9-B / Section 340
Technical assistance
Status: in_force

§ 340. Technical assistance.  The commissioner shall provide technical\nassistance to social services districts in the development,\nimplementation and administration of plans described in section three\nhundred thirty-three of this title.\n  The department shall monitor the implementation and ongoing operation\nof the programs pursuant to this title.  Such monitoring shall include\nreview of sample cases to assess compliance with applicable state and\nfederal statutes and regulations.\n
N.Y. ENV Law § 15-0907 — New York Code / Act ENV / Article 15 / Title 9 / Section 15-0907
Services of notice, order or direction
Status: in_force

§ 15-0907. Services of notice, order or direction.\n  Whenever this article provides for or authorizes the service of a\nnotice, order or direction upon a licensee or applicant for a license,\nor upon any other person, and does not provide for the manner of\nservice, and no different time is provided, such service may be made\neither personally or in the manner provided by law for the service of a\nsummons or by mailing a copy of the same by registered mail in a\npostpaid wrapper addressed to the licensee or applicant, or any other\nperson, at the address given in the application or as subsequently\ncommunicated to the department in writing, or at the project works.\nSuch service may be made upon a municipal corporation either personally\nas above provided or by mailing a copy of the same in like manner\naddressed to the mayor of the city or village or the supervisor of the\ntown. Service upon unknown owners shall be made by publication in the\nmanner provided by law for service of a summons upon unknown parties.\n
N.Y. ENV Law § 19-0915 — New York Code / Act ENV / Article 19 / Title 9 / Section 19-0915
Emission offsets or credits
Status: in_force

§ 19-0915. Emission offsets or credits.\n  For the purposes of determining the attainment of, or compliance with,\nthe emission controls or reductions required by this article, or any\nrules or regulations promulgated thereunder, the department shall allow\noffsets of greater emissions of acid deposition precursors from a\nfacility or stationary source against lower emissions from the same or\nanother facility or stationary source within the state. Any such offsets\nor credits shall be adjusted to reflect the proximity of the subject\nfacility or stationary source to sensitive receptor areas.\n
N.Y. PBA Law § 1207 — New York Code / Act PBA / Article 5 / Title 9 / Section 1207
Notes and equipment trusts
Status: in_force

§ 1207. Notes and equipment trusts. 1. The authority may issue notes\nin conformity with applicable provisions of the uniform commercial code\nin anticipation of the receipt of revenues provided that the aggregate\nprincipal amount of such revenue anticipation notes outstanding at any\ntime shall not exceed ten per cent of the average annual revenues of the\nauthority. All such revenue anticipation notes shall mature within two\nyears of the date of issue and an installment or installments of not\nless than fifty per cent of the principal amount of such notes shall\nmature in the first fiscal year succeeding the fiscal year in which such\nnotes are issued. Such notes may be sold at public or private sale and\nthe city shall have power to purchase the same from any revenues or\nfunds of the city other than moneys derived from borrowings.\n  2. The authority shall have power to purchase pursuant to conditional\nsales agreements or equipment trust agreements, to lease and otherwise\nto acquire subject to a lien for the purchase price, such equipment as\nit deems desirable including cars and rolling stock, electric and other\nmotive power vehicles, automobiles, buses, and other motor vehicles,\nprovided, however, that the amount of liabilities which the authority\nmay incur under this subdivision shall be governed by the limitations\ncontained in paragraph b of subdivision one of section eighteen hundred\nthree of this law and shall in no event exceed such sum of five million\ndollars in any one fiscal year without the approval of the mayor.\nPayment for such equipment, or rentals therefor, may be made in\ninstallments to a trustee in trust to secure payment of equipment trust\ncertificates, and provision may be made that title to such equipment\nshall not vest in the authority until the equipment trust certificates\nare paid, or that such equipment shall be subject to a lien to secure\nequipment trust certificates. Any such agreements, leases and equipment\ntrust certificates shall contain such covenants, conditions and\nprovisions as it deems necessary or desirable to insure payment of the\nequipment trust certificates.\n  3. The authority may also issue its promissory notes from time to time\nin conformity with applicable provisions of the uniform commercial code\nfor the purpose of raising working capital to pay its expenses of\noperation. Such promissory notes shall be general obligations of the\nauthority, may be secured or unsecured as the authority shall determine,\nsubject to the prior rights, if any, of the holders of other obligations\nof the authority, shall mature not later than five years from the date\nof issue and shall at no time be outstanding in an unpaid principal\namount in excess of two hundred million dollars. Such promissory notes\nmay be sold at public or private sale.\n
N.Y. PBA Law § 387 — New York Code / Act PBA / Article 2 / Title 9 / Section 387
Fees for searches and copies of accident and accident reconstruction reports
Status: in_force

§ 387. Fees for searches and copies of accident and accident\nreconstruction reports. Notwithstanding any other law to the contrary,\nthe fees for searching the records of the authority for an accident\nreport, for furnishing a copy of an accident report, and for furnishing\na copy of an accident reconstruction report shall not exceed the fees\ncharged by the division of state police pursuant to section sixty-six-a\nof the public officers law and/or by the department of motor vehicles\npursuant to section two hundred two of the vehicle and traffic law,\nprovided, however, that no fee shall be charged to any public officer,\nboard or body, or volunteer fire company, for searches or copies of\naccident reports to be used for a public purpose.\n
N.Y. PBG Law § 412 — New York Code / Act PBG / Article 13 / Title 9 / Section 412
Tonawanda Housing Authority
Status: in_force

§ 412. Tonawanda Housing Authority.  A municipal housing authority, to\nbe known as the Tonawanda Housing Authority is hereby created and\nestablished for the city of Tonawanda in the county of Erie for the\naccomplishment of any or all of the purposes specified in article\neighteen of the constitution of the state of New York. It shall\nconstitute a body corporate and politic, be perpetual in duration and\nconsist of five members. It shall have the powers and duties now or\nhereafter conferred by this chapter upon municipal housing authorities.\nIt shall be organized in the manner prescribed by and subject to the\nprovisions of this chapter, and the authority, its members, officers and\nemployees and its operations and activities shall in all respects be\ngoverned by the provisions of this chapter.\n
N.Y. RSS Law § 375-B — New York Code / Act RSS / Article 8 / Title 9 / Section 375-B
Non-contributory retirement plan for members of participating employers
Status: in_force

§ 375-b. Non-contributory retirement plan for members of participating\nemployers.  a. Notwithstanding any other provision of law to the\ncontrary, no further contributions to the retirement system as provided\nin subdivision b of section three hundred twenty-one of this chapter,\nshall be required of any member in the employ of such a participating\nemployer electing to participate pursuant to the provisions of this\nsection; provided, however, in the case of persons who last became\nmembers on or after July first, nineteen hundred seventy-three, such\nrequired contributions shall be waived only until the payroll period\nimmediately prior to that the first day of which is nearest to July\nfirst, nineteen hundred seventy-four.\n  b. 1. By the adoption, filing and approval, where required of a\nresolution in the manner provided by sections three hundred thirty or\nthree hundred thirty-one of this chapter, as the case may be, a\nparticipating employer who had previously elected to make contributions\nunder the provisions of subdivision aa of section three hundred\nseventy-a of this chapter, may elect to make contributions to the\npension accumulation fund for the purpose of providing a\nnon-contributory retirement plan pursuant to this section.\n  2. By the adoption, filing and approval, where required, of a\nresolution in the manner provided by sections three hundred thirty or\nthree hundred thirty-one of this chapter, as the case may be, a\nparticipating employer who had not previously elected to contribute\nunder the provisions of subdivision aa of section three hundred\nseventy-a of this chapter, may elect to make contributions to the\npension accumulation fund for the purpose of providing a\nnon-contributory retirement plan pursuant to this section. Such\nresolution shall specify the first payroll period after the date of such\nfiling for which no further contributions shall be required of members\nin its employ.\n  c. Contributions shall be made to the pension accumulation fund by or\non account of each participating employer, as provided in sections three\nhundred sixteen, three hundred seventeen and three hundred forty-two of\nthis chapter, at a rate fixed by the actuary which shall be computed to\nbe sufficient to provide the benefits established by section three\nhundred seventy-five-c of this chapter on account of members in the\nemploy of such participating employers.\n  d. Nothing contained in this section shall impair the right of\npersons, who became members before August nineteenth, nineteen hundred\nsixty-six, to make contributions pursuant to subdivision i of section\nthree hundred twenty-one of this chapter.\n  e. Any member who has elected to contribute at a certain rate of\ncontribution in accordance with the provisions of subdivision j of\nsection three hundred twenty-one of this chapter, shall continue to\ncontribute at such rate until his election under said subdivision is\nwithdrawn.\n  f. Any member in service on August nineteenth, nineteen hundred\nsixty-six, may by written notice duly acknowledged and filed with the\ncomptroller on or before August eighteenth, nineteen hundred\nsixty-seven, elect to contribute to the retirement system. Where a\nmember makes an election to contribute, as herein provided for, he shall\ncontribute to the retirement system as otherwise provided in this\nchapter. One year or more after the filing of the notice of election to\ncontribute, the member may withdraw such election and elect not to\ncontribute.\n
N.Y. ENV Law § 11-0913 — New York Code / Act ENV / Article 11 / Title 9 / Section 11-0913
Deer management permits
Status: in_force

§ 11-0913. Deer management permits.\n  1. a. Until December thirty-first, two thousand twenty-seven, whenever\nin its opinion the population of deer in any area of the state except in\nthe northern zone is such that additional harvest of deer is reasonably\nnecessary to properly manage the deer herd in the state in balance with\nthe available deer range and natural food supply, the department may\nprovide by regulation for issuance of deer management permits,\npermitting the taking of one deer for the permit, in addition to the\nlimit of one deer that may otherwise be taken by one person in a license\nyear.\n  b. In the issuance of permits, the department may give preference to\nresident license holders and may give preference to service-connected\ndisabled veterans having 40 percent or greater service-connected\ndisability as evidenced by a compensation rating from the United States\nDepartment of Veterans Affairs or the United States Department of\nDefense who shall only have to provide proof of service-connected\ndisability at the time of initial issuance of the permit, and to the\napplications of groups which include a person or the spouse of a person,\nprovided that such spouse lives in the same household, who owns at least\n50 acres of land in one parcel in the specified area.\n  c. "Owner" as used in this section shall include the owner or spouse\nof the owner of record of such parcel, provided that such spouse lives\nin the same household as the owner, or a purchaser or spouse of such\npurchaser of such parcel, provided that such spouse lives in the same\nhousehold as such purchaser, under an executory contract duly recorded\nin the office of the recording officer in the county in which real\nproperty to which it relates is situate, who actually occupy and\ncultivate such parcel.\n  2. Each such regulation shall specify, with respect to the permits to\nwhich it relates:\n  a. The open season or part thereof and the day or days of such season\nin which such permits may be used;\n  b. The specific area in which they are valid;\n  c. The manner of taking for which such permits are valid, which shall\nconform with the specifications as to the manner of taking deer in the\nopen season for which the permits may be used;\n  d. The method of application for and issuance of such permits,\nincluding eligibility and allocation among applicants;\n  e. The number of persons, no fewer than one nor more than six, who\nmust join in the application; and\n  f. Such other regulations as the department may determine.\n  3. Each member of a group issued a permit pursuant to this section\nshall possess a license which authorizes the holder to hunt deer before\nthe permit may be validated.\n  4. During a license year, no person shall use more than one license\nwhich authorizes the holder to hunt deer during the regular open season\nin making application for a deer management permit.\n  5. The provisions of paragraph a of subdivision 1 of section 11-0911\nshall not apply when a deer is taken pursuant to a deer management\npermit, but the department may by regulation provide an alternative\nmethod of identifying and reporting the deer so taken.\n  6. With each deer management permit there shall be issued a tag or\nseal and a reporting form as the department shall determine to be\nappropriate, and the additional deer may be taken only by the group\nmember who, at the time, is in physical possession of the permit and any\ntag, seal and reporting form issued with it.\n  7. The department shall charge and receive a fee of ten dollars for\nthe application and the processing of such permit or permits. Applicants\nwho are successful in the computerized selection shall receive the\npermit or permits free of any additional charge. The application fee\nshall be non-refundable. The department may waive the application fee\nfor holders of a lifetime sportsman license existing as of October\nfirst, two thousand nine and holders of a hunting license less than\nsixteen years of age.\n  8. Except with respect to deer management unit thirty-four the\nprovision of this section shall not apply to the "Northern Zone" of the\nstate as defined in subdivision sixteen of section 11-0103 of this\nchapter.\n  9. Nothing set forth in this section shall prevent the department from\npermitting the issuance of deer management permits in those portions of\nFranklin, St. Lawrence, Jefferson and Lewis counties and Northern Zone\nportions of Oneida and Oswego counties which are situated in the area\ngenerally described as the Lake Ontario Plain, St. Lawrence Valley and\nperipheral Adirondacks/peripheral Tug Hill region. The department is\nauthorized and directed to promulgate any rules or regulations necessary\nto more particularly describe the region of land set forth in this\nsubdivision.\n
N.Y. PBA Law § 386-B — New York Code / Act PBA / Article 2 / Title 9 / Section 386-B
Financing of peace bridge and transportation capital projects
Status: in_force

§ 386-b. Financing of peace bridge and transportation capital\nprojects.  1. Notwithstanding any other provision of law to the\ncontrary, the authority, the dormitory authority and the urban\ndevelopment corporation are hereby authorized to issue bonds or notes in\none or more series for the purpose of financing peace bridge projects\nand capital costs of state and local highways, parkways, bridges, the\nNew York state thruway, Indian reservation roads, and facilities, and\ntransportation infrastructure projects including aviation projects,\nnon-MTA mass transit projects, and rail service preservation projects,\nincluding work appurtenant and ancillary thereto. The aggregate\nprincipal amount of bonds authorized to be issued pursuant to this\nsection shall not exceed eighteen billion five hundred sixty-two million\nthree hundred eighty-five thousand dollars $18,562,385,000, excluding\nbonds issued to fund one or more debt service reserve funds, to pay\ncosts of issuance of such bonds, and to refund or otherwise repay such\nbonds or notes previously issued. Such bonds and notes of the authority,\nthe dormitory authority and the urban development corporation shall not\nbe a debt of the state, and the state shall not be liable thereon, nor\nshall they be payable out of any funds other than those appropriated by\nthe state to the authority, the dormitory authority and the urban\ndevelopment corporation for principal, interest, and related expenses\npursuant to a service contract and such bonds and notes shall contain on\nthe face thereof a statement to such effect. Except for purposes of\ncomplying with the internal revenue code, any interest income earned on\nbond proceeds shall only be used to pay debt service on such bonds.\n  2. Notwithstanding any other provision of law to the contrary, in\norder to assist the authority, the dormitory authority and the urban\ndevelopment corporation in undertaking the financing of such\ntransportation facilities projects, the director of the budget is hereby\nauthorized to enter into one or more service contracts with the\nauthority, the dormitory authority and the urban development\ncorporation, none of which shall exceed thirty years in duration, upon\nsuch terms and conditions as the director of the budget and the\nauthority, the dormitory authority and the urban development corporation\nagree, so as to annually provide to the authority, the dormitory\nauthority and the urban development corporation, in the aggregate, a sum\nnot to exceed the principal, interest, and related expenses required for\nsuch bonds and notes. Any service contract entered into pursuant to this\nsection shall provide that the obligation of the state to pay the amount\ntherein provided shall not constitute a debt of the state within the\nmeaning of any constitutional or statutory provision and shall be deemed\nexecutory only to the extent of monies available and that no liability\nshall be incurred by the state beyond the monies available for such\npurpose, subject to annual appropriation by the legislature. Any such\nservice contract or any payments made or to be made thereunder may be\nassigned and pledged by the authority, the dormitory authority and the\nurban development corporation as security for such bonds and notes, as\nauthorized by this section.\n
N.Y. PBA Law § 1203-B — New York Code / Act PBA / Article 5 / Title 9 / Section 1203-B
Transfer of funds
Status: in_force

§ 1203-b. Transfer of funds. The authority and its subsidiary\ncorporation, the Manhattan and Bronx surface transit operating\nauthority, may each transfer to the other from time to time such\navailable funds as they may jointly determine to be necessary or\ndesirable, including funds accepted by the authority pursuant to the\nprovisions of section twelve hundred nineteen-a of this title. Subject\nto the rights of the holders of any outstanding bonds, notes or other\nobligations of the authority, metropolitan transportation authority and\nTriborough bridge and tunnel authority, and to facilitate the efficient\nfinancial management of the authority, its subsidiary corporations,\nmetropolitan transportation authority and its subsidiary corporations,\nand Triborough bridge and tunnel authority (the "affiliated entities"),\nthe authority may, and shall at the direction of metropolitan\ntransportation authority, transfer revenues, subsidies and other monies\nor securities to one or more funds or accounts of another affiliated\nentity for use by such other affiliated entity, provided at the time of\nsuch transfer it is reasonably anticipated that the monies and\nsecurities so transferred will be reimbursed, repaid or otherwise\nprovided for by the end of the next succeeding calendar year if\nreimbursement or repayment is required by law or by any agreement to\nwhich any of the affected affiliated entities is subject. Any revenues\nof an affiliated entity that are transferred to another affiliated\nentity, which transfer was not authorized by a provision of law other\nthan this section, shall be considered to be required to be repaid to\nthe affiliated entity which was the source of such revenues by the end\nof the next succeeding calendar year following such transfer.\n
N.Y. ENV Law § 11-0933 — New York Code / Act ENV / Article 11 / Title 9 / Section 11-0933
Taking small game by crossbow
Status: in_force

§ 11-0933. Taking small game by crossbow.\n  Notwithstanding any provision of this chapter, or any prior\nnotwithstanding language in this article, the department may, by\nregulation, authorize the taking of small game and wild upland game\nbirds by the use of a crossbow by any licensed person fourteen years of\nage or older, in any small game season, in any area designated in items\n(a), (b), (c), (d), (e), (f), (i), (k), and (l) of paragraph a of\nsubdivision two of section 11-0907 of this title in which a shotgun or\nmuzzle loader is permitted.\n
N.Y. ENV Law § 19-0909 — New York Code / Act ENV / Article 19 / Title 9 / Section 19-0909
Interim control target
Status: in_force

§ 19-0909. Interim control target.\n  1. a. In the absence of a controlling federal statute or program which\nthe commissioner determines is consistent with the purpose and intent of\nthis title, the department shall promulgate, no later than January\nfirst, nineteen hundred eighty-six, an interim control target for the\ncontrol of sulfate deposition at each sensitive receptor area where the\nenvironmental threshold value is exceeded, and rules and regulations\nnecessary to implement such targets.\n  b. Any such interim control target promulgated pursuant to this\nsection shall take effect on January first, nineteen hundred\neighty-eight, and all facilities and stationary sources shall be in\ncompliance with the interim control target by such date.\n  c. In connection with the promulgation of an interim control target,\nthe department shall prepare an analysis of the economic impact of the\nimplementation of such target.\n  2. The department shall not require or prohibit any particular control\ntechnique to achieve any such interim control target, but shall allow\nthe use of any or all reasonable sulfur dioxide emission control\ntechniques, including but not limited to:\n  a. The substitution of lower sulfur content fossil fuels.\n  b. One or more combinations of blending various sulfur content fossil\nfuels.\n  c. The precombustion cleaning of coal.\n  d. The conversion or modification of an existing boiler to a boiler\ncapable of burning a lower-sulfur content coal.\n  e. The use of best available control technology at the time of\nconstruction, reconstruction or substantial addition to or alteration of\na facility or stationary source.\n  f. The installation of flue gas desulfurization equipment.\n  g. The installation of fluidized bed boilers.\n  h. For persons operating multiple boilers, the coordinated operation\nof these boilers to minimize the discharge of sulfur dioxide from them.\n  i. The use of least emissions dispatch.\n  j. The decommissioning of a facility or stationary source.\n  k. The purchasing of electricity or steam from another person, so as\nto lessen the operation of a facility or stationary source, provided\nsuch purchase does not contribute to a net increase in acid deposition\nin sensitive receptor areas.\n  l. The implementation of energy conservation measures to lessen the\namount of operation of a facility or stationary source.\n
N.Y. RSS Law § 89-Q — New York Code / Act RSS / Article 2 / Title 9 / Section 89-Q
Retirement of traffic officers with the town of Elmira
Status: in_force

§ 89-q. Retirement of traffic officers with the town of Elmira. a. A\nmember employed as a traffic officer with the town of Elmira traffic\ndistrict number one shall be eligible to retire pursuant to the\nprovisions of this section if he is a traffic officer or holds a job\nwith responsibilities similar to those of a traffic officer, in the\nevent that the job title of traffic officer shall be abolished. Such\neligibility shall be an alternative to the eligibility provisions\navailable under any other plan of this article to which such member is\nsubject.\n  b. Such member shall be entitled to retire upon the completion of\ntwenty-five years of total creditable service by filing an application\ntherefor in the manner provided for in section seventy of this article.\n  c. Upon completion of twenty-five years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement and an\nadditional pension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which he may then be entitled\nshall be sufficient to provide him with a retirement allowance equal to\none-half of his final average salary.\n  d. As used in this section "creditable service" shall include any and\nall services performed as a traffic officer with the town of Elmira\ntraffic district number one.\n  e. Credit for service as a member or officer of the state police or as\na paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district, shall also be deemed to be\ncreditable service and shall be included in computing years of total\nservice for retirement pursuant to this section, provided such service\nwas performed by the member while contributing to the retirement system\npursuant to the provisions of this article or article eight of this\nchapter.\n  f. The town of Elmira shall certify to the comptroller, periodically\nand at such intervals of time as may be required and in such fashion as\nmay be prescribed, the identity of the traffic officers in its employ.\n  g. A member contributing on the basis of this section at the time of\nretirement, may retire after the completion of twenty-five years of\ntotal creditable service. Application therefor may be filed in a manner\nsimilar to that provided in section seventy of this article. Upon\ncompletion of twenty-five years of such service and upon retirement,\neach such member shall receive a pension which, together with an annuity\nwhich shall be the actuarial equivalent of his accumulated contributions\nat the time of his retirement and an additional pension which is the\nactuarial equivalent of the reserved-for-increased-take-home-pay to\nwhich he may then be entitled shall be sufficient to provide him with a\nretirement allowance equal to one-half of his final average salary.\n  h. In computing the twenty-five years of total service of a member\npursuant to this section full credit shall be given and full allowance\nshall be made for service of such member in time of war after World War\nI as defined in section two of this chapter, provided such member at the\ntime of his entrance into the armed forces was in the service of the\ntown of Elmira.\n  i. Nothing herein shall be construed to prevent a member, who does not\nretire pursuant to the provisions of this section, from utilizing\nservice which is creditable service pursuant to the provisions of this\nsection for service credit pursuant to the provisions of any other plan\nof this article to which such member is subject.\n  j. The provisions of this section shall be controlling notwithstanding\nany other provision in this article to the contrary.\n
N.Y. PBA Law § 731 — New York Code / Act PBA / Article 3 / Title 9 / Section 731
Terms occurring in law, or in contracts or documents
Status: in_force

§ 731. Terms occurring in law, or in contracts or documents.  Whenever\nthe Ogdensburg bridge authority or the Ogdensburg port authority is\nreferred to or designated in any law, or in any contract or document,\nsuch reference or designation shall be deemed to refer to and include\nthe Ogdensburg bridge and port authority, to the extent that such law,\ncontract or document pertains to matters which are within its\njurisdiction by reason of the continuation, transfer, assignment and\ndevolution of jurisdiction, functions, powers and duties made to it by\nthis title.\n
N.Y. PBA Law § 1207-D — New York Code / Act PBA / Article 5 / Title 9 / Section 1207-D
Agreement of the state
Status: in_force

§ 1207-d. Agreement of the state. The state of New York does hereby\npledge to and agree with the holders of the bonds and notes of the\nauthority that the state will not limit or alter the rights and powers\nhereby vested in the authority by this title to fulfill the terms of any\ncontract made by the authority with such holders or in any way impair\nthe rights and remedies of such holders until such bonds and notes,\ntogether with interest thereon, with interest on any unpaid installments\nof interest, and all costs and expenses in connection with any action or\nproceedings by or on behalf of such holders, are fully met and\ndischarged. The authority is authorized to include this pledge and\nagreement of the state in any contract with the holders of bonds or\nnotes.\n
N.Y. LFN Law § 121.20 — New York Code / Act LFN / Article 2 / Title 9 / Section 121.20
Exclusion of certain indebtedness of school districts other than school districts in a city with one hundred twenty-five thousand inhabit...
Status: in_force

§ 121.20 Exclusion of certain indebtedness of school districts other\nthan school districts in a city with one hundred twenty-five thousand\ninhabitants or more according to the latest federal census in\nascertaining their power to contract indebtedness. a. As used in this\nsection:\n  1. The term "indebtedness" shall mean indebtedness evidenced by bonds\nand bond anticipation notes.\n  2. The term "school district" shall mean a school district other than\na school district in a city with one hundred twenty-five thousand\ninhabitants or more according to the latest federal census.\n  b. In ascertaining the power of a school district to contract\nindebtedness, there may be excluded outstanding indebtedness contracted,\nor indebtedness to be contracted, for objects or purposes having periods\nof probable usefulness provided in paragraph a of section 11.00 of this\nchapter, to the extent to which the commissioner of education, or such\nperson or persons as may be designated by the commissioner, shall\nestimate based upon facts existing on the date of such estimate that\nmoneys receivable by the school district from the state as an\napportionment for debt service for school building purposes, under laws\nexisting on the date of such estimate, shall meet the interest on and\nthe annual requirements for the payment of such indebtedness. Any such\nestimate shall describe the indebtedness to which it relates. An\nestimate shall be effective only until the June thirtieth next\nsucceeding the date thereof.\n  c. The commissioner of education by rule or regulation may prescribe\nthe manner and form in which a school district shall make application\nfor any such estimate. The department of education shall furnish to the\nschool district, without charge, three certified copies of any such\nestimate.\n
N.Y. ENV Law § 54-0911 — New York Code / Act ENV / Article 54 / Title 9 / Section 54-0911
Rules and regulations
Status: in_force

§ 54-0911. Rules and regulations.\n  The commissioner shall adopt, prior to the acceptance of applications\nfor municipal park, historic preservation and urban cultural park\nprojects, rules and regulations which shall include eligibility\nrequirements, application procedures, office ranking and review\nprocesses, project approval guidelines and criteria, and funding\ndistribution necessary for all state assistance payment programs\nestablished pursuant to section 54-0903 of this title.\n
N.Y. PBA Law § 1885 — New York Code / Act PBA / Article 8 / Title 9 / Section 1885
Mechanical insulation energy savings program
Status: in_force

§ 1885. Mechanical insulation energy savings program. 1. Definitions.\nFor purposes of this section:\n  (a) "Applicant" shall mean any school district and may at the\ndiscretion of the authority include any public housing or public\nhospital, with a building or buildings that have a potential need for\nmechanical insulation upgrades. The minimum size for any single building\nto be considered shall be twenty thousand square feet.\n  (b) "Mechanical insulation" shall mean insulation materials, facings\nand accessory products used for thermal requirements for mechanical\npiping and equipment, hot and cold applications, heating, ventilation,\nand air-conditioning applications.\n  (c) "Qualified audit" shall mean a mechanical insulation audit of a\nbuilding by a qualified contractor, which identifies missing, damaged or\nimproperly installed mechanical insulation. Such audit shall include an\nestimate of installation costs along with estimated energy and cost\nsavings. Such audit shall be provided by the qualified contractor at no\ncost to the authority or applicant.\n  (d) "Qualified mechanical insulation expenditures" shall mean the\npurchase of insulation materials, facings and accessory products used\nfor thermal requirements for mechanical piping and equipment, hot and\ncold applications, and heating, ventilation, and air-conditioning\napplications and all associated labor costs properly allocable to\non-site preparation, assembly and original installation, so long as\nperformed by a qualified contractor and in accordance with sections two\nhundred twenty, two hundred twenty-b and two hundred twenty-i of the\nlabor law.\n  (e) "Qualified contractor" shall mean an insulation contractor that is\nparty to an apprenticeship agreement, as defined in section eight\nhundred sixteen of the labor law, which is in good standing, appropriate\nfor the type and scope of work to be performed, including the minimum\nAmerican Society of Heating, Refrigerating, and Air-Conditioning\nEngineers Standard 90.1-2007, providing the energy standard for\nbuildings except low-rise residential buildings.\n  2. Subject to monies made available to the authority for the proper\nadministration of the program created pursuant to this section, the\nauthority is hereby authorized and directed to establish and administer\nwithin one year of the effective date of this section, a mechanical\ninsulation energy savings program to issue competitive grants on a first\ncome first served basis for applicants that have completed a qualified\naudit, which will cover at least fifty, but no more than seventy-five,\npercent of the qualified mechanical insulation expenditures.\n  The authority may coordinate with another state agency or authority,\nor an office thereof, to establish and administer this program.\n  3. The authority shall develop and publish guidelines establishing the\nevaluation criteria and competitive application process for the\nmechanical insulation energy savings program pursuant to this section.\n
N.Y. PBA Law § 1872 — New York Code / Act PBA / Article 8 / Title 9 / Section 1872
Green residential building program
Status: in_force

§ 1872. Green residential building program. 1. Definitions. As used in\nthis section, the following terms shall have the following meanings:\n  (a) "Green residential building standards" means standards,\nguidelines, a rating system, and/or criteria relating to design and\nbuilding techniques established or promulgated by the authority pursuant\nto this section, which are intended to: (i) promote smart growth and\nsmart site planning; (ii) reduce greenhouse gas emissions; (iii) achieve\nenergy efficiency and reduce energy consumption; (iv) facilitate the\nincorporation of environmentally responsible products; (v) promote the\nefficient use of natural resources; (vi) promote the conservation of\nmaterials and resources; (vii) reduce waste; and (viii) create a healthy\nindoor living environment.\n  (b) "Owner" means a person who owns a residential building on the date\nthat: (i) a certificate of occupancy is issued to such building in the\ncase of a new residential building; or (ii) substantial renovations to\nan existing residential building are completed pursuant to standards and\ncriteria established by the authority.\n  (c) "Qualified occupied square footage" means the habitable spaces of\na residential building pursuant to standards and criteria established by\nthe authority, and shall not include storage areas, mechanical rooms,\nutility rooms, and attic and crawl spaces.\n  (d) "Residential building" means a single family home or multi-family\nhome with less than twelve dwelling units pursuant to standards and\ncriteria established by the authority.\n  (e) "Substantial renovations" mean significant improvements or\nrestorations to, or substantial replacement or repair of materials,\nsystems or components of, a residential building pursuant to standards\nand criteria established by the authority.\n  2. Application of program. The authority is hereby authorized to\nestablish and administer a green residential building program to provide\nincentives for the construction of new residential buildings, and the\nsubstantial renovation of residential buildings, pursuant to standards\nand criteria established by the authority.\n  3. Incentive payments. (a) As part of the green residential building\nprogram created pursuant to this section, the authority is authorized to\nprovide for and award incentive payments to:\n  (i) qualified owners of new residential buildings that the authority\ndetermines have been constructed pursuant to applicable green\nresidential building standards, and that satisfy other program standards\nand criteria as established by the authority, and who have received a\ncertificate of occupancy for such building on and after January first,\ntwo thousand ten, and before October thirty-first, two thousand\nthirteen; and\n  (ii) qualified owners of existing residential buildings that the\nauthority determines have undergone substantial renovations pursuant to\napplicable green residential building standards, and that satisfy other\napplicable program standards and criteria as established by the\nauthority, where the renovations to such building are completed on and\nafter January first, two thousand ten, and before October thirty-first,\ntwo thousand thirteen.\n  In determining the amount of an incentive payment, the authority is\nauthorized to consider whether the person who is eligible to receive the\nincentive payment has received, will be receiving or is eligible to\nreceive financial assistance or incentives from any other source for the\nconstruction or renovations that are the subject of an incentive\npayment.\n  (b) No incentive payment made pursuant to this subdivision shall\nexceed:\n  (i) with respect to a residential building with two or fewer dwelling\nunits, an amount equal to the product of the amount of qualified\noccupied square footage, not to exceed two thousand square feet, and\nthree dollars and seventy-five cents;\n  (ii) with respect to a residential building with greater than two\ndwelling units but fewer than six dwelling units, an amount equal to the\nproduct of the amount of qualified occupied square footage, not to\nexceed three thousand square feet, and three dollars and seventy-five\ncents;\n  (iii) with respect to a residential building with at least six\ndwelling units, an amount equal to the product of the amount of\nqualified occupied square footage, not to exceed four thousand square\nfeet, and three dollars and seventy-five cents; and\n  (c) In addition to the limitations on incentive payments set forth in\nparagraph (b) of this subdivision, no qualified owner shall receive more\nthan one hundred twenty thousand dollars in qualified incentive payments\nduring any calendar year.\n  4. Regulations. (a) The authority shall promulgate rules and\nregulations to establish green residential building standards and/or\ncriteria as part of any green residential building program created\npursuant to this section. In establishing such standards and criteria,\nthe authority may consult standards and criteria established or adopted\nby other organizations, including but not limited to, the United States\ngreen building council under its leadership in energy and environmental\ndesign programs and the American National Standards Institute.\n  (b) The authority shall promulgate rules and regulations for the\nadministration of any green residential building established pursuant to\nthis section, including but not limited to eligibility criteria,\napplication procedures, award determinations, dollar-per-square footage\naward levels, training and qualification procedures for builders and\ntechnicians, and inspection procedures, documentation and compliance\nrequirements for the program.\n  (c) The authority is authorized to: (i) consult with the department of\nenvironmental conservation, the department of state, the division of\nhousing and community renewal and any other agency or public authority\nwhich the authority deems appropriate in the development of green\nresidential building standards and any other standards and criteria\ndeveloped pursuant to this subdivision; (ii) prepare, in consultation\nwith such agencies and authorities, and to make available to the public,\ngreen residential building program manuals and brochures for the purpose\nof ensuring that the standards and criteria applicable to such program\nare available to persons who may wish to participate in the program, to\nfacilitate the construction of green buildings and the renovation of\nexisting residential buildings using green construction principles; and\n(iii) coordinate the administration of any green residential building\nprogram created pursuant to this section with other programs that are\nadministered by the authority.\n  5. Reporting. No later than September first, two thousand eleven and\nSeptember first of each year thereafter, the president shall prepare and\nfurnish a written report to the governor, the temporary president of the\nsenate, and the speaker of the assembly concerning the authority's\nactivities under this section. Such report shall include, but shall not\nbe limited to:\n  (a) the name and address of each recipient of incentive payments made\nby the authority pursuant to this section during the preceding calendar\nyear;\n  (b) the amount of any incentive payment made to each such person; and\n  (c) a description of the project and the work performed that earned\nthe incentive payment.\n
N.Y. ENV Law § 15-0901 — New York Code / Act ENV / Article 15 / Title 9 / Section 15-0901
Rule-making procedure
Status: in_force

§ 15-0901. Rule-making procedure.\n  The department may adopt rules in conformity with statute governing\nthe procedures prescribed or authorized by this article. Such rules may\ninclude rules of practice before the department, together with forms and\ninstructions. To assist the persons or public corporations dealing with\nit, the department shall so far as deemed practicable supplement its\nrules with descriptive statements of its procedures or requirements.\n
N.Y. RSS Law § 89-S — New York Code / Act RSS / Article 2 / Title 9 / Section 89-S
Retirement of members who serve as peace officers in the Suffolk county probation department
Status: in_force

* § 89-s. Retirement of members who serve as peace officers in the\nSuffolk county probation department. a. Any member who serves as a peace\nofficer and is employed in the Suffolk county probation department shall\nbe eligible to retire pursuant to the provisions of this section. Such\neligibility shall be an alternative to the eligibility provisions\navailable under any other plan of this article to which such member is\nsubject. The chief executive officer of the Suffolk county probation\ndepartment shall certify to the comptroller, periodically and at such\nintervals of time as may be required of him and in such fashion as may\nbe prescribed, the identity of the eligible peace officers in his\nemploy.\n  b. A member shall be entitled to retire upon the completion of\ntwenty-five years of total creditable service by filing an application\ntherefor in the manner provided for in section seventy of this article.\n  c. Upon completion of twenty-five years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement and an\nadditional pension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which he may then be entitled\nshall be sufficient to provide him with a retirement allowance equal to\none-half of his final average salary.\n  d. As used in this section "creditable service" shall include any and\nall services performed as a peace officer, a correction officer as\ndefined in section eighty-nine-f of this chapter, a probation officer\ntrainee in the Suffolk county probation department.\n  e. Credit for service as a member or officer of the state police or as\na paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district, or as a criminal investigator in\nthe office of a district attorney, shall also be deemed to be creditable\nservice and shall be included in computing years of total service for\nretirement pursuant to this section.\n  f. A member contributing on the basis of this section at the time of\nretirement may retire after the completion of twenty-five years of total\ncreditable service. Application therefor may be filed in a manner\nsimilar to that provided in section seventy of this article. Upon\ncompletion of twenty-five years of such service and upon retirement,\neach such member shall receive a pension which, together with an annuity\nwhich shall be the actuarial equivalent of his accumulated contributions\nat the time of his retirement and an additional pension which is the\nactuarial equivalent of the reserved-for-increased-take-home-pay to\nwhich he may then be entitled shall be sufficient to provide him with a\nretirement allowance equal to one-half of his final average salary.\n  g. In computing the twenty-five years of total service of a member\npursuant to this section full credit shall be given and full allowance\nshall be made for service of such member in time of war after World War\nI as defined in section two of this chapter, provided such member at the\ntime of his entrance into the armed forces was in the service of the\ncounty of Suffolk.\n  h. Nothing herein shall be construed to prevent a member, who does not\nretire pursuant to the provisions of this section, from utilizing\nservice which is creditable service pursuant to the provisions of this\nsection for service credit pursuant to the provisions of any other plan\nof this article to which such member is subject.\n  i. The provisions of this section shall be controlling notwithstanding\nany other provision in this article to the contrary.\n  * NB There are 3 § 89-s's\n
N.Y. EDN Law § 9003 — New York Code / Act EDN / Title 9 / Article 170 / Section 9003
When to take effect
Status: in_force

§ 9003.  When to take effect.  This chapter shall take effect\nimmediately.\n
N.Y. PBA Law § 378-A — New York Code / Act PBA / Article 2 / Title 9 / Section 378-A
Emergency service permits
Status: in_force

§ 378-a. Emergency service permits. 1. The authority is hereby\nauthorized and directed to issue refunds for tolls incurred by\nambulances or fire vehicles engaged in an emergency operation, or, at\nthe option of the authority, to issue emergency services permits for use\nby ambulances and fire vehicles which shall provide for travel at no\ncharge between interchanges and barriers while such vehicles are engaged\nin an emergency operation. For purposes of this section, the term\n"ambulance" shall have the same meaning as such term is defined by\nsection one hundred-b of the vehicle and traffic law, the term "fire\nvehicle" shall have the same meaning as such term is defined by section\none hundred fifteen-a of the vehicle and traffic law, and the term\n"emergency operation" shall have the same meaning as such term is\ndefined by section one hundred fourteen-b of the vehicle and traffic\nlaw. In any rules and regulations promulgated for the implementation of\nthis section, the authority may establish the type of documentation or\nother proof satisfactory to the authority that an ambulance or fire\nvehicle was engaged in an emergency operation at the time a toll was\nincurred.\n  2. If, upon the completion of an audit conducted by a certified public\naccountant selected by the authority, the authority can demonstrate that\nthe issuance of refunds or permits as authorized in subdivision one of\nthis section causes a significant loss of revenue to the authority, the\nauthority is authorized, pursuant to a resolution of the board, to offer\nsuch refunds or permits at a discount of the cash cost per mile;\nprovided, however, that, prior to such board resolution, the authority\nshall hold at least two public hearings, at a time and location which\nwill, to the extent practicable, maximize the participation of the\ngeneral public.\n