N.Y. PBA Law § 1281 — New York Code / Act PBA / Article 5 / Title 12 / Section 1281
Definitions
Status: in_force

§ 1281. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Corporation" shall mean the corporation continued by section\ntwelve hundred eighty-two of this title.\n  2. "Construction" shall mean the erection, building, acquisition,\nalteration, reconstruction, improvement, enlargement or extension of\nsewage treatment works, sewage collecting systems, solid waste disposal\nfacilities, air pollution control facilities, water management\nfacilities, storm water collecting systems, state park infrastructure\nprojects, or all or any portion of Riverbank Park as the case may be;\nthe inspection and supervision thereof; and the engineering,\narchitectural, legal, fiscal and economic investigations and studies,\nsurveys, designs, plans, working drawings, specifications, procedures,\nand other actions necessary thereto.\n  3. "Governing body" shall mean\n  a. In the case of a county, city, town, village, county or town\nimprovement district, the board of supervisors, board of aldermen,\ncommon council, commission, town board, board of trustees or other\nelective board or body now or hereafter vested by state statute, charter\nor other law with jurisdiction to initiate and adopt local laws or\nordinances, whether or not such local laws or ordinances require the\napproval of the chief executive officer or other official or body to\nbecome effective;\n  b. In the case of a district corporation, the board vested with the\nmanagement and control of the corporation; and\n  c. In the case of a sewer authority now existing in a city, the\nmembers of such authority.\n  4. "Municipal bonds and notes" shall mean the bonds and notes\nauthorized and issued pursuant to the local finance law or other act of\nthe legislature by any municipality for the purposes of financing the\nconstruction of a sewage treatment works, sewage collecting system,\nstorm water collecting system, water management facility, air pollution\ncontrol facility, or solid waste disposal facility.\n  5. "Municipality" shall mean any county, city, town, village, district\ncorporation, county or town improvement district, sewer authority now\nexisting in a city, or any two or more of the foregoing which are acting\njointly in connection with a sewage treatment works, sewage collecting\nsystem, solid waste disposal facility, air pollution control facility,\nwater management facility, or storm water collecting system. For\npurposes of sections twelve hundred eighty-five-j and twelve hundred\neighty-five-m of this title only, a municipality may, in addition to the\nforegoing, include an Indian nation or tribe recognized by the state or\nthe United States with a reservation wholly or partly within the\nboundaries of New York state, any public benefit corporation or public\nauthority established pursuant to the laws of New York or any agency of\nNew York state which is empowered to construct and operate a municipal\nwater pollution control project or water management facility, or any two\nor more of the foregoing which are acting jointly in connection with a\nmunicipal water pollution control project or water management facility.\nFor purposes of section twelve hundred eighty-five-m of this title only,\na municipality may, in addition to the foregoing, include a school\ndistrict.\n  6. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, riparian rights and air\nrights and any and all things and rights included within said term and\nincludes not only fees simple absolute but also any and all lesser\ninterests including but not limited to easements, rights of way, uses,\nleases, licenses and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms for years\nand liens thereon by way of judgments, mortgages or otherwise.\n  7. "Sewage collecting systems" shall mean systems of underground\nconduits designed to pick up sewage from commercial, residential and\nindustrial properties and deliver it by gravity with or without\nintermediate pumping to a sewage treatment or disposal plant.\n  8. "Sewage treatment works" shall mean a facility for the purpose of\ntreating, neutralizing or stabilizing sewage, industrial waste or a\ncombination thereof, including but not limited to treatment or disposal\nplants, the necessary intercepting, outfall, force mains and outlet\nsewers, pumping stations integral to such plants or sewers, and other\nproperty used for treating, utilizing, storing, processing, or finally\ndisposing of sewage or industrial waste, equipment and furnishings\nthereof and their appurtenances.\n  9. "Solid waste" shall mean all putrescible and non-putrescible solid\nwastes, including but not limited to garbage, refuse, sludge, rubbish,\nashes, incinerator residue, street cleanings, dead animals, demolition\nand construction debris, automobile bodies, offal and other discarded\nand solid materials, including but not limited to that resulting from\ncommercial, industrial, construction, demolition, agricultural,\ngovernmental, residential or community processes or activities.\n  10. "Solid waste disposal facility" shall mean a facility or site for\nthe purpose of treating, compacting, recycling, or disposing of solid\nwaste materials, including treatment, compacting, resource recovery or\ndisposal plants, equipment and furnishings thereof used for the storage,\ntreatment, compacting, composting, shredding, converting, utilization,\nprocessing, or final disposal of solid waste, including but not limited\nto resource recovery facilities, mechanical, chemical or thermal\nprocessing systems, incinerators, sanitary landfills, other facilities\nfor the storage, reduction or conversion of solid waste, used singly or\nin combination, and appurtenances, furnishings, equipment and machinery\ndeemed necessary thereto, whether said facility or site serves one or\nmore purposes in addition to the primary purpose of disposing of solid\nwaste materials, and a facility or site for the collection and\nconveyance of solid wastes, including but not limited to transfer\nstations, baling facilities, railroad and maritime facilities, motor\ntrucks or vehicles and appurtenances, furnishings, equipment and\nmachinery deemed necessary thereto, but not including services necessary\nfor the collection of solid wastes.\n  11. "State agency" shall mean any officer, authority, corporation,\ndepartment, board, commission, bureau, division, public benefit\ncorporation, council, agency or instrumentality of the state.\n  12. "State" shall mean the state of New York.\n  13. "Cost" as applied to any project shall include, but not be limited\nto, cost of construction of the project, the cost of acquisition of all\nproperty, including real property and other property, both real and\npersonal and improved and unimproved, the cost of demolishing, removing\nor relocating any buildings or structures on lands so acquired,\nincluding the cost of acquiring any lands to which such buildings or\nstructures may be moved or relocated, the costs of all systems,\nfacilities, machinery and equipment, financing charges, interest prior\nto and during construction, the cost of engineering and architectural\nsurveys, plans and specifications, the cost of consultants' and legal\nservices, the cost of lease guarantee or bond insurance, other expenses\nnecessary or incident to the construction of such project and the\nfinancing of the construction thereof, including the amount authorized\nin the resolution of the corporation providing for the issuance of bonds\nto be paid into any special fund from the proceeds of such bonds and the\nfinancing of the placing of any project in operation, including\nreimbursement to any municipality, state agency, the state, the United\nStates government, or any other person for expenditures, made with the\nprior approval of the corporation, that would be costs of the project\nhereunder had they been made directly by the corporation.\n  14. "Person" shall mean any person, including individuals, firms,\npartnerships, associations, public utilities or corporations organized\nor existing under the laws of the state or any other state, exclusive of\na municipal corporation or state agency.\n  15. "Project" shall mean any sewage treatment works, sewage collecting\nsystems, solid waste disposal facilities, air pollution control\nfacility, water management facility, industrial hazardous waste\ntreatment, storage, exchange and disposal facility, inactive hazardous\nwaste disposal site remedial program, storm water collecting system, and\nwaste oil recovery, reprocessing and rerefining facilities or any other\nworks or facilities which the corporation is authorized to plan,\nfinance, construct, operate or maintain under the provisions of this\ntitle including all buildings, systems, facilities, appurtenances,\nmachinery and equipment which the corporation deems necessary for the\noperation of the project, including the site therefor, together with all\nproperty, rights, easements and interests, either on or off such site,\nwhich may be required for the operation of the project.\n  16. "Sewage" shall mean the water-carried human or animal wastes from\nresidences, buildings, industrial establishments or other places,\ntogether with such ground water infiltration and surface water as may be\npresent. The admixture with sewage of industrial waste or other waste\nshall also be considered "sewage" within the meaning of this title.\n  17. "Air pollution control facility" shall mean a facility, for the\npurpose of abating or controlling atmospheric pollutants, contaminants,\nwaste or heat, by recovery methods or otherwise, whether said facility\nserves one or more purposes in addition to the primary purpose of\nabating or controlling such pollutants, contaminants, waste, or heat,\nincluding treatment, neutralizing or stabilizing plants, site equipment\nand necessary furnishings thereof, their appurtenances, and any\nproperty, real or personal, functionally related and subordinate to said\nfacility.\n  18. "Industrial waste" shall mean any liquid, gaseous, or solid waste\nsubstance or a combination thereof resulting from any process of\nindustry, manufacture, trade, or business, or from the development,\nprocessing, or recovery of any natural resource which pollutes the water\nor air of the state.\n  19. "Water management facility" shall mean a water supply facility or\na facility or site for the supply, control, treatment and distribution\nof water, including but not limited to water transmission lines, pumping\nstations, reservoirs, dams and other impoundments, and all of the\nnecessary appurtenances incidental thereto for the purpose of providing\na public water supply. It shall also mean a facility for the purpose of\nabating or controlling water pollutants, contaminants, waste or heat, by\nrecovery methods or otherwise, whether said facility serves one or more\npurposes in addition to the primary purpose of abating or controlling\nsuch pollutants, contaminants, waste or heat, including but not limited\nto treatment, neutralizing or stabilizing plants, site equipment and\nnecessary furnishings thereof, their appurtenances, and any other\nproperty, real or personal, functionally related and subordinate to said\nfacility.\n  20. "Storm water collecting system" shall mean systems of conduits and\nall other constructions, devices, and appliances appurtenant thereto,\ndesigned and used to collect and carry storm water and surface water,\nstreet wash and other wash or drainage waters.\n  21. "Resource recovery facilities" shall mean facilities, structures,\nmachinery, or devices, singly or in combination, designed, constructed\nand required to separate, process, modify, convert, treat, or prepare\ncollected solid waste so that component materials or substances or\nrecoverable resources may be used as a raw material or for their\nproductive purposes, which are required for the process of obtaining\nmaterials, substances, or heat, oil, gas or other sources or forms of\nenergy from solid waste for use or reuse, including but not be limited\nto, singly or in combination, structures, mechanical, chemical or\nthermal processing systems, furnaces, steam generating equipment,\nelectric generating equipment, pyrolization facilities and other\nappurtenances, furnishings, equipment and machinery deemed necessary\nthereto.\n  22. "Industrial hazardous waste" shall mean an industrial waste or\ncombination of wastes, which because of its quantity, concentration, or\nphysical, chemical or infectious characteristics may:\n  (a) cause, or significantly contribute to an increase in serious\nirreversible, or incapacitating reversible illness; and/or\n  (b) pose a substantial present or potential hazard to human health or\nthe environment and, therefore, must be segregated and excluded from the\ngeneral municipal waste system and sewage collection and treatment\nprocess.\n  23. "Industrial hazardous waste treatment, storage and disposal\nfacility" shall mean a specialized facility or site other than a sewage\ntreatment for the purpose of treating, storing, compacting, recycling,\nexchanging, or disposing of industrial hazardous waste materials,\nincluding treatment, compacting, resource recovery or disposal plants,\nequipment and furnishings thereof used for the storage, treatment,\ncompacting, composting, shredding, converting, utilization, processing,\nor final disposal of hazardous waste, including but not limited to\nmechanical, chemical or thermal processing systems, incinerators,\nsanitary landfills, other facilities for the storage, reduction or\nconversion of hazardous waste, including but not limited to transfer\nstations, baling facilities, railroad and maritime facilities, motor\ntrucks or vehicles and appurtenances, furnishings, equipment and\nmachinery deemed necessary thereto.\n  24. "Hazardous waste" shall have the same meaning as set forth in\nsection 27-1301 of the environmental conservation law.\n  25. "Inactive hazardous waste disposal site" shall have the same\nmeaning as set forth in section 27-1301 of the environmental\nconservation law.\n  26. "Inactive hazardous waste disposal site remedial program" shall\nhave the same meaning as set forth in section 27-1301 of the\nenvironmental conservation law.\n  27. "Municipal water pollution control project" shall mean a sewage\nfacility or related facility which is an "eligible project" within the\nmeaning of section 17-1909 of the environmental conservation law.\n  * 28. "Riverbank Park" shall mean a park or parks to be located on a\nsite of approximately twenty-eight acres, on the roof of and adjacent to\nthe North River sewage treatment plant, located at the Hudson River\nbetween 137th and 145th Streets in the borough of Manhattan, city of New\nYork, including all buildings, systems, bridges and other means of\npedestrian or vehicular access, recreational, cultural and athletic\nfacilities, appurtenances, machinery and equipment which the corporation\ndeems necessary for the operation of such park or parks, including the\nsite therefor, together with all property, rights, easements and\ninterests, either on or off such site, which may be required for the\noperation of such park or parks. Such recreational, cultural and\nathletic facilities may include, without limitation, swimming pools,\ngymnasia, athletic fields, skating rinks, tennis courts, theaters or\namphitheaters and centers for the performing arts.\n  * NB There are 2 sub 28's\n  * 28. "Waste" means any garbage, refuse, sludge from a waste treatment\nplant, water supply treatment plant, or air pollution control facility,\nand other discarded material, whether or not such material may\neventually be used for some other purpose, including solid, liquid,\nsemisolid, or contained gaseous material resulting from industrial,\ncommercial, mining and agricultural operations or from community\nactivities, and source, special nuclear or by-product material as\ndefined in the Atomic Energy Act of 1954, as amended, except as may be\nprovided by existing agreements between the state of New York and the\ngovernment of the United States, but does not include solid or dissolved\nmaterial in domestic sewage, or solid or dissolved materials in\nirrigation return flows or industrial discharges which are point sources\nsubject to permits under article seventeen of the environmental\nconservation law.\n  * NB There are 2 sub 28's\n  29. "State park infrastructure" shall mean state park resources,\nrecreational facilities and historic sites and any other property, real\nor personal, under the jurisdiction of the New York state office of\nparks, recreation and historic preservation, together with machinery,\nequipment, furnishings and fixtures relating thereto or used in\nconnection therewith.\n  30. "State park infrastructure project" shall mean all costs incurred\nor to be incurred by or on behalf of the office of parks, recreation and\nhistoric preservation for the purpose of preserving, improving or\nrehabilitating state park infrastructure.\n  31. "Waste oil" shall mean used engine lubricating oil and any other\noil, including but not limited to, fuel oil, motor oil, gear oil,\ncutting oil, transmission fluid, hydraulic fluid, dielectric fluid, oil\nstorage tank residue, animal oil, and vegetable oil, which has been\ncontaminated by physical or chemical impurities, through use or\naccident, and has not subsequently been rerefined.\n  32. "Waste oil recovery, reprocessing and rerefining facilities" shall\nmean facilities, structures, machinery, or devices, singly or in\ncombination, for purposes of separating, processing, modifying,\nconverting, treating or otherwise preparing waste oil so that it, or its\ncomponents or substances, may be beneficially reused, including reuse as\nraw materials, as lubricants, or as an energy source. Such facilities,\nstructures, machinery or devices may include, but shall not be limited\nto, mechanical, chemical or thermal processing systems, furnaces,\nlaboratories, storage and blending tanks, pumping stations, transfer\nstations, railroad and maritime facilities, motor trucks or vehicles and\nother appurtenances, furnishings, machinery and equipment deemed\nnecessary thereto.\n  33. "Water supply facility" or "water supply project" shall mean a\nwater supply facility which is an "eligible project" within the meaning\nof subdivision four of section eleven hundred sixty of the public health\nlaw.\n  34. "Recipient" shall mean any municipality, public utility, or\nperson, including any individual, firm, partnership, association,\nnot-for-profit corporation or other corporation organized and existing\nunder the laws of the state or any other state which is empowered to\nconstruct and operate an eligible project, or any two or more of the\nforegoing which are acting jointly in connection with an eligible\nproject.\n
N.Y. RSS Law § 401 — New York Code / Act RSS / Article 8 / Title 12 / Section 401
Reduction or suspension of benefits
Status: in_force

§ 401. Reduction or suspension of benefits. a. If a retired member,\nreceiving a retirement allowance for other than physical disability,\nreturns to active public service, except as otherwise provided in this\nsection or sections two hundred eleven or two hundred twelve of this\nchapter, and is eligible for membership in the police and fire\nretirement system, he or she thereupon shall become a member and his or\nher retirement allowance shall cease. In such event, he or she shall\ncontribute to the police and fire retirement system as if he or she were\na new member. Upon his subsequent retirement he or she shall:\n  1. Be credited with all member service earned by him or her since he\nor she last became a member of the police and fire retirement system,\nand\n  2. Received a retirement allowance which shall consist of:\n  (a) An annuity which is the actuarial equivalent of all his or her\naccumulated contributions, and\n  (b) The pension including the\npension-providing-for-increased-take-home-pay which he or she was\nreceiving immediately prior to his or her last restoration to\nmembership, plus a pension including the\npension-providing-for-increased-take-home-pay based upon the member\nservice credit earned by him or her since he or she last became a\nmember. Such latter pensions shall be computed as if he or she were a\nnew member when he or she last became a member.\n  Where such member shall have earned at least two years of member\nservice credit after restoration to active service, the total service\ncredit to which he or she was entitled at the time of his or her earlier\nretirement may, at his or her option, again be credited to him or her\nand upon his or her subsequent retirement he or she shall be credited in\naddition with all member service earned by him or her subsequent to his\nor her last restoration to membership. Such total service credit to\nwhich he or she was entitled at the time of his or her earlier\nretirement shall be so credited only in the event that such member\nreturns to the police and fire retirement system with regular interest\nthe actuarial equivalent of the amount of the retirement allowance he or\nshe received, or in the event that such amount is not so repaid the\nactuarial equivalent thereof shall be deducted from his or her\nsubsequent retirement allowance.\n  Notwithstanding the foregoing provisions of this subdivision, a\nretired member who is receiving a retirement allowance for other than\nphysical disability, and who returns to active public service, may elect\nnot to be restored to membership in the police and fire retirement\nsystem until he or she has rendered one year of service following his or\nher return to public service. In such event his or her retirement\nallowance shall be suspended during such year of service as provided in\nsubdivision b of this section. Upon restoration to membership following\ncompletion of such year of service, his or her service in such year\nshall be deemed to be service while a member for purposes of subdivision\nb of section three hundred sixty of this chapter. He or she may purchase\nmember service credit for such year, which shall be deemed earned member\nservice credit. This paragraph shall not be construed to authorize the\nreturn to public service of any person who is otherwise not eligible\ntherefor on account of having reached age seventy.\n  If a retired member receiving a retirement allowance for other than\nphysical disability, returns to active public service, and is then\nineligible for membership in the police and fire retirement system, his\nor her retirement allowance shall be suspended in the same manner as\nprovided in subdivision b of this section.\n  b. Temporary service.\n  1. The payment of any retirement allowance, or any benefit in lieu\nthereof, on account of retirement for other than physical disability\nshall be suspended as provided herein, during the time that the\nbeneficiary thereof is in receipt of other compensation paid from direct\nor indirect state or municipal taxes:\n  (a) For temporary government or temporary public service other than\njury duty, or\n  (b) For service pursuant to subdivision c of this section where the\nretired member continues as a beneficiary of the police and fire\nretirement system.\n  2. In the case of a retirement allowance, without option, the amount\nof the pension portion, including the\npension-providing-for-increased-take-home-pay, suspended for any period\nshall be equal to the amount of such other compensation for the same\nperiod.\n  3. In the case where an optional benefit in lieu of a retirement\nallowance without option shall have been selected, the pension portion\nthereof, including the pension-providing-for-increase-take-home-pay,\nshall be suspended in such manner as the comptroller shall approve. The\namount so suspended shall be equal to the actuarial equivalent of the\namount by which the pension portion of the retirement allowance,\nincluding the pension-providing-for-increased-take-home-pay, as it would\nbe without option, would be suspended pursuant to paragraph two of this\nsubdivision b. The retired member, however, may pay to the fund or funds\nfrom which the pension portion of his retirement allowance, including\nthe pension-providing-for-increased-take-home-pay, is payable the\ndifference between the suspended portion thereof, without option, and\nthe suspended portion of the optional pension portion of the retirement\nallowance, including the pension-providing-for-increased-take-home-pay,\ngranted to him. In such event any payments to his beneficiary shall be\nmade as if no suspension occurred.\n  4. In the case of a member whose compensation for public service is\nequal to or greater than his final salary as defined herein, the annuity\nportion of his retirement allowance shall be suspended during the period\nthat he is receiving such compensation. In the case of a member whose\ncompensation for public service is less than his final salary as defined\nherein and who has retired without option, he shall be entitled to\nreceive that portion of his annuity computed without option which, when\nadded to his compensation for public service, does not exceed the\naforesaid final salary. Where an optional benefit has been selected in\nlieu of a retirement allowance without option, the amount of the annuity\nsuspended shall be the actuarial equivalent of the amount that would\nhave been suspended if the retirement allowance had been without option.\nIn such a case the retired member may pay to the fund or funds, from\nwhich the annuity portion of his retirement allowance is payable, the\ndifference between that portion of the annuity which is actually\nsuspended, in accordance with the provisions of this paragraph, and the\ncorresponding portion of the annuity without option.\n  In such even any payments to his beneficiary shall be made as if no\nsuspension occurred. The term "final salary", as used in this paragraph,\nshall mean the maximum salary or compensation which the retired member\ncurrently would be receiving in the position from which he last retired,\nif he had not so retired. If the position from which he was so retired\nhas been abolished the comptroller, upon the basis of salary or\ncompensation currently paid in similar or comparable positions, shall\ndetermine the maximum amount of salary or compensation which the retired\nmember currently would be receiving in the abolished position.\n  The provisions of this subdivision c shall be controlling\nnotwithstanding any other provision of this chapter.\n  c. Election or appointment of retired members to certain public\noffices.\n  1. A retired member, unless otherwise disqualified, shall be eligible\nto:\n  (a) Election to a state office, or\n  (b) Appointment to fill a vacancy in an elective state office.\n  2. In the event a retired member is so elected, except a retired\nmember so elected and who is receiving less than ten thousand dollars in\nretirement allowance or benefit payments in any one year, or appointed\nor so qualifies, he may:\n  (a) Upon written notice to the comptroller, receive from the police\nand fire retirement system the then present value of the annuity earned\nby his or her accumulated contributions, and upon receipt thereof cease\nto be a beneficiary of the police and fire retirement system, or\n  (b) Continue as a beneficiary of the police and fire retirement\nsystem, but with payments of any retirement allowance or any benefit in\nlieu thereof, on account of retirement for other than physical\ndisability, suspended during the time he or she is in receipt of\ncompensation for state or public service. Such suspension shall be\ngoverned by the provisions of paragraphs two, three and four of\nsubdivision b of this section.\n  3. The provisions of subdivision one of section one hundred fifty of\nthe civil service law shall govern with respect to state and local\nelective public officers.\n  d. Privilege of certain retired members, retired for other than\nphysical disability, to undertake public employment.\n  1. Notwithstanding any inconsistent provisions of this section or of\nsection one hundred fifty of the civil service law the provisions of\nthis section shall be suspended to the extent necessary to permit a\nretired member to continue as such and to earn not to exceed eighteen\nhundred dollars per calendar year as compensation in any position of a\ntemporary, seasonal or occasional nature in government service or public\nservice, provided he duly executes and files with the comptroller a\nstatement that he elects to have the provisions of this subdivision f\napply to him, and:\n  (a) His retirement allowance, computed without optional modification,\ndoes not exceed thirty-five hundred dollars per year, or\n  (b) His retirement allowance, computed without optional modification,\nexceeds thirty-five hundred dollars per year and he annually waives that\nportion which is in excess of thirty-five hundred dollars by duly\nexecuting and filing with the comptroller a waiver of the aforesaid\nexcess portion. The waiver shall be irrevocable during the calendar year\nin which it is filed.\nA statement of election executed and filed pursuant to this subdivision\nf may be withdrawn by a retired member at any time by a statement\nsimilarly executed and filed.\n  2. The privilege granted by this subdivision f, to retired members to\ncontinue as such and to earn compensation in positions of a temporary,\nseasonal or occasional nature in government service or public service\nshall remain in full force and effect until July first, nineteen hundred\nsixty-five.\n
N.Y. PBA Law § 1977-C — New York Code / Act PBA / Article 8 / Title 12 / Section 1977-C
Reserve funds and appropriations for loans, advances and mortgage financing to housing companies
Status: in_force

§ 1977-c. Reserve funds and appropriations for loans, advances and\nmortgage financing to housing companies.\n  1. Definitions.\n  (a) "Revenues". All amounts received on account of fees and other\ncharges imposed by the authority for loans, advances and mortgage loans,\nif any, and all or any part of the moneys received in payment of loans,\nadvances and mortgage loans and interest thereon, including prepayments.\n  (b) "Housing loan capital reserve fund requirement". The amount of\nmoney, as of any particular date of computation and with reference to\noutstanding bonds issued by the authority for the purposes of financing\nloans, advances and mortgage loans to housing companies, equal to the\ngreatest of the respective amounts for the then current or any future\nfiscal year of the authority, of annual debt service with respect to\nsuch bonds.\n  For purposes of the housing loan capital reserve fund requirement,\n"annual debt service" shall mean an amount of money equal to the\naggregate of:\n  (i) All interest payable during such fiscal year on all such bonds\noutstanding on said date of computation; plus,\n  (ii) The principal amount of all such bonds outstanding on said date\nof computation which mature during such fiscal year; plus,\n  (iii) All amounts specified in any resolution of the authority\nauthorizing any of such bonds as payable during such fiscal year as a\nsinking fund payment with respect to any of such bonds which mature\nafter such fiscal year, such sinking fund payments to be calculated on\nthe assumption that bonds will after said date of computation cease to\nbe outstanding by reason, but only by reason, of the payment of bonds\nwhen due and the payment when due and application in accordance with the\nresolution authorizing those bonds of all of such sinking fund payments\npayable at or after said date of computation.\n  (c) "Operating expenses". All ordinary expenditures for operation and\nadministration of the authority in connection with its loans, advances\nand mortgage loans to housing companies.\n  (d) "Amortized value". When used with respect to securities purchased\nat a premium above or a discount below par, the value as of any given\ndate obtained by dividing the total amount of the premium or discount at\nwhich such securities were purchased by the number of days remaining to\nmaturity on such securities at the time of such purchase and by\nmultiplying the amount so calculated by the number of days having passed\nsince the date of such purchase; and (a) in the case of securities\npurchased at a premium, by deducting the product thus obtained from the\npurchase price, and (b) in the case of securities purchased at a\ndiscount, by adding the product thus obtained to the purchase price.\n  2. Reserve funds. (a) In addition to the setting aside of such other\nreserves or sinking funds as it shall deem advisable and necessary, and\nthe regulation and disposition thereof, the authority may create and\nestablish one or more capital reserve funds for bonds issued by the\nauthority for the purposes of financing loans, advances and mortgage\nloans to housing companies.\n  (b) The authority shall pay into each such fund: (i) any monies\nappropriated and made available by the state only for the purposes of\nsuch fund; (ii) any proceeds of the sale of any bonds issued to the\nextent provided in the resolution of the authority authorizing the\nissuance of such bonds; (iii) any moneys directed to be transferred by\nthe authority to such fund; and (iv) any other moneys made available to\nthe authority only for the purposes of such fund from any other source\nor sources.\n  (c) The moneys held in or credited to each such capital reserve fund,\nexcept as hereinafter provided, shall be used solely for the payment of\nthe principal of bonds issued to finance loans, advances and mortgage\nloans to housing companies or of the sinking fund payments with respect\nto such bonds, the purchase or redemption of such bonds, the payment of\ninterest on such bonds or the payment of any redemption premium required\nto be paid when any of such bonds are redeemed prior to maturity;\nprovided, however, that moneys in such capital reserve fund shall not be\nwithdrawn therefrom at any time in such amount as would reduce the\namount of such fund to less than the amount of the housing loan capital\nreserve fund requirement therefor, except for the purpose of making with\nrespect to such bonds payment, when due, of principal, interest and the\nsinking fund payments for the payment of which other moneys of the\nauthority are not available. All income or interest earned by, or\nincrement to, each such capital reserve fund due to the investment\nthereof may be transferred by the authority to other funds or accounts\nof the authority to the extent it does not reduce the amount of such\ncapital reserve fund below the housing loan capital reserve fund\nrequirement therefor.\n  (d) Moneys in such a capital reserve fund not required for immediate\nuse or disbursement may be invested in obligations of the state or the\nUnited States of America or obligations the principal of and interest on\nwhich are guaranteed by the state or the United States of America or\nobligations of agencies of the United States of America or obligations\nwhich may from time to time be legally purchased by savings banks of the\nstate, as investment of funds belonging to them or in their control. In\ncomputing the amount of a capital reserve fund for the purposes of this\nsection, securities in which all or a portion of such fund are invested\nshall be valued at par if purchased at par or, if purchased at other\nthan par, at their amortized value.\n  (e) The authority shall not issue any bonds at any time secured by\nsuch a capital reserve fund if the amount in the capital reserve fund\nwhich will secure such bonds at the time of issuance does not equal or\nexceed the amount of the housing loan capital reserve fund requirement\nfor such fund unless the authority at the time of issuance of such bonds\nshall deposit in such fund from the proceeds of such bonds or other\nsources an amount which together with the amount then in such fund will\nnot be less than the amount of the housing loan capital reserve fund\nrequirement for such fund.\n  3. Preservation of solvency. (a) In order to assure the continued\noperation and solvency of the authority for the fulfillment of its\ncorporate purposes, the chairman of the authority shall annually, on or\nbefore December first, make and deliver to the governor and director of\nthe budget his certificate stating the sum, if any, required to restore\neach capital reserve fund to the housing loan capital reserve fund\nrequirement therefor. There shall be annually apportioned and paid to\nthe authority for deposit in each such capital reserve fund the sum so\ncertified by the chairman of the authority as required to restore such\ncapital reserve fund to the housing loan capital reserve fund\nrequirement therefor. All sums so apportioned and paid shall be\ndeposited by the authority in the respective capital reserve funds. The\nprincipal amount of bonds secured by a capital reserve fund or funds to\nwhich state funds are apportionable pursuant to this paragraph shall be\nlimited to the total amount of bonds and notes outstanding on the\neffective date of this act, plus the total amount of bonds and notes\ncontracted after the effective date of this act to finance projects in\nprogress on the effective date of this act as determined by the New York\nstate public authorities control board created pursuant to section fifty\nof this chapter whose affirmative determination shall be conclusive as\nto all matters of law and fact solely for the purposes of the\nlimitations contained in this paragraph, but in no event shall the total\namount of bonds so secured by such a capital reserve fund or funds\nexceed eighty-five million dollars, excluding bonds issued to refund\nsuch outstanding bonds until the date of redemption of such outstanding\nbonds. As outstanding bonds so secured are paid, the amount so secured\nshall be reduced accordingly but the redemption of such outstanding\nbonds from the proceeds of refunding bonds shall not reduce the amount\nso secured.\n  (b) All amounts paid over to the authority by the state pursuant to\nthe provisions of this section shall constitute and be accounted for as\nadvances by the state to the authority and, subject only to the rights\nof the holders of any bonds or notes of the authority theretofore or\nthereafter issued, shall be repaid to the state from all available\nrevenues of the authority in excess of housing loan capital reserve fund\nrequirements and operating expenses.\n  4. Applicability. This section is applicable solely to capital reserve\nfunds for bonds issued to finance housing loans, advances and mortgage\nloans and is not applicable to the Battery Park project area capital\nreserve fund.\n
N.Y. PBH Law § 1388 — New York Code / Act PBH / Article 13 / Title 12 / Section 1388
Powers of the commissioner; emergencies
Status: in_force

§ 1388. Powers of the commissioner; emergencies.  In case of great and\nimminent peril to the health of the general public from such hazards as\nmay be identified as resulting from exposure to toxic substances\nemanating from landfills, the commissioner may declare the existence of\nan emergency and take such measures and do such acts as he may deem\nreasonably necessary and proper for the preservation and protection of\nthe public health.\n
N.Y. PBA Law § 1285-A — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-A
Construction, operation and maintenance of air pollution control facilities, water management facilities and storm water collecting systems
Status: in_force

§ 1285-a. Construction, operation and maintenance of air pollution\ncontrol facilities, water management facilities and storm water\ncollecting systems. 1. The corporation and any municipality having power\nto construct air pollution control facilities, water management\nfacilities or storm water collecting systems, by resolution of its\ngoverning body may enter into a contract for the construction of air\npollution control facilities, water management facilities or storm water\ncollecting systems by the corporation for such municipality upon such\nterms and conditions as the corporation shall determine to be\nreasonable, including but not limited to reimbursement of all costs of\nsuch construction and claims arising therefrom.\n  2. The corporation and any state agency having power to construct air\npollution control facilities, water management facilities, or storm\nwater collecting systems may enter into a contract for the construction\nof air pollution control facilities, water management facilities or\nstorm water collecting systems by the corporation for such state agency\nupon such terms and conditions as the authority and such state agency\nshall determine to be reasonable, including but not limited to\nreimbursement of all costs of such construction and claims arising\ntherefrom.\n  3. The corporation and any municipality having power to construct,\noperate and maintain air pollution control facilities or storm water\ncollecting systems, by resolution of its governing body may enter into a\ncontract pursuant to which the corporation may provide for the\ntreatment, neutralization and disposal of gaseous wastes and other air\npollutants, by means of air pollution control facilities owned and\nconstructed by the corporation and operated and maintained by the\ncorporation or, for and on behalf of the corporation, by such\nmunicipality or by any person as may be approved by the corporation and\nsuch municipality, or for the collection and conveyance of storm waters\nby means of storm water collecting systems owned and constructed by the\ncorporation for and on behalf of such municipality. Such contract or\ncontracts shall be in accordance with the provisions of, and shall\ncontain the same terms, conditions and requirements as are set forth in\nsubdivision three of section twelve hundred eighty-five of this title,\nprovided, however, any such contract providing for the collection and\nconveyance of storm waters by means of storm water collecting systems\nowned and constructed by the corporation shall expressly provide for the\nvesting of title to such storm water collecting system in such\nmunicipality in accordance with the provisions of paragraph (c) of said\nsubdivision three of section twelve hundred eighty-five of this title,\nand that such storm water collecting system shall be operated and\nmaintained by such municipality upon such terms and conditions as the\ncorporation shall determine to be reasonable.\n  4. The corporation and any state agency having power to operate and\nmaintain air pollution control facilities, water management facilities\nor storm water collecting systems may enter into a contract with the\ncorporation for the operation and maintenance of air pollution control\nfacilities, water management facilities or storm water collecting\nsystems by the corporation for and on behalf of such state agency; or\nthe corporation and any such state agency may enter into a contract\npursuant to which the corporation may provide for the treatment,\nneutralization and disposal of gaseous wastes and other air pollutants,\nthe furnishing of a public water supply, the collection and conveyance\nof storm waters by means of air pollution control facilities, water\nmanagement facilities or storm water collecting systems, as the case may\nbe, owned and constructed by the corporation and operated and maintained\nby the corporation or for and on behalf of the corporation, by such\nstate agency or by any person as may be approved by the corporation and\nsuch state agency. Any such contract or contracts shall be upon such\nterms and conditions as the corporation and such state agency shall\ndetermine to be reasonable, including but not limited to the\nreimbursement of all costs of planning, financing, construction and\noperation and maintenance and any claims arising therefrom. No such\ncontract shall be deemed to be a contract for public works or purchase\nwithin the meaning of the state finance law.\n  5. The corporation may make loans to any municipality for the\nconstruction of any air pollution control facility, water management\nfacility or storm water collecting system or to any state agency\nauthorized to issue bonds or notes not constituting a debt or liability\nof the state within the meaning of section eleven of article seven of\nthe state constitution, for the construction of any air pollution\ncontrol facility, water management facility, or storm water collecting\nsystem. The corporation may accept as evidence of the indebtedness of\nany such municipality or any state agency authorized to issue bonds or\nnotes not constituting a debt or liability of the state within the\nmeaning of section eleven of article seven of the state constitution,\nonly the municipal bonds or notes of such municipality or bonds or notes\nof such state agency. Any such loans shall be in an amount or amounts\nnot to exceed the cost of construction of any such project required to\nbe financed by the municipality or such state agency. In connection with\nthe making of any such loans, the corporation may fix and collect fees\nand charges, including but not limited to reimbursement of all costs of\nfinancing by the corporation, as the corporation shall determine to be\nreasonable. Any such loan by the corporation to a state agency as herein\nprovided, shall be subject to the approval of the director of the\nbudget.\n
N.Y. ENV Law § 71-1203 — New York Code / Act ENV / Article 71 / Title 12 / Section 71-1203
Penalties
Status: in_force

§ 71-1203. Penalties.\n  Any person who violates the provisions of article twenty-two of this\nchapter shall be subject to a civil penalty not to exceed ten thousand\ndollars for each day during which such violation occurred; provided,\nhowever, that the total penalty to be imposed shall not exceed one\nmillion dollars.\n
N.Y. PBA Law § 1977-A — New York Code / Act PBA / Article 8 / Title 12 / Section 1977-A
Bond and Note Authorization
Status: in_force

§ 1977-a. Bond and Note Authorization. 1. (a) For the purpose of\nfinancing project costs for the project for the Battery Park project\narea other than the financing of loans, advances and mortgage loans to\nhousing companies organized to provide housing within the Battery Park\nproject area, the authority may issue bonds and notes in an aggregate\nprincipal amount at any one time outstanding not exceeding three hundred\nmillion dollars, excluding bonds and notes issued to refund outstanding\nbonds and notes.\n  (b) Commodities and futures exchange facility. For the purpose of\nfinancing project costs to further the development of a commodities and\nfutures exchange facility as part of the project to be located in the\nBattery Park project area, the authority may, in addition to the\nauthorizations contained elsewhere in this title, borrow money by\nissuing bonds or notes in an aggregate principal amount not exceeding\none hundred ten million dollars plus a principal amount of bonds or\nnotes issued (i) to fund any related debt service reserve fund, (ii) to\nprovide capitalized interest, and (iii) to provide fees and other\ncharges and expenses, including underwriters' discount, related to the\nissuance of such bonds or notes and the maintenance of such reserves,\nall as determined by the authority, excluding bonds and notes issued to\nrefund outstanding bonds and notes issued pursuant to this section. The\nauthority may make loans from the proceeds of such issuance and may make\ntemporary loans or advances, for the purpose of developing a commodities\nand futures exchange within the Battery Park project area, and may\nundertake commitments therefor. Any such loans, advances or commitments\nshall be secured by a mortgage on or security interest in the property\ninterests of such exchanges within the Battery Park project area and\nshall contain such terms and conditions not inconsistent with the\nprovisions of this title as the authority may deem necessary or\ndesirable to secure payment of its loan, the interest thereon and other\nchanges in connection therewith.\n  (c) Additional authorizations. In addition to the authorizations\ncontained elsewhere in this title, the authority may issue indebtedness\nfor the purpose of refunding outstanding indebtedness of the housing New\nYork corporation which is secured by revenues of the authority, and\nindebtedness for the purpose of refunding such refunding indebtedness\nissued by the authority including the funding of reserves and providing\nfor fees and other charges and expenses, including underwriters'\ndiscounts, related to the issuance of such refunding bonds or notes, all\nas determined by the authority.\n  (d) Additional authorizations. For the purpose of financing capital\ncosts in connection with development of the project area, the authority\nmay, in addition to the authorizations contained elsewhere in this\ntitle, borrow money by issuing bonds or notes in an aggregate principal\namount not exceeding one hundred fifty million dollars plus a principal\namount of bonds or notes issued (i) to fund any related debt service\nreserve fund, (ii) to provide capitalized interest, and (iii) to provide\nfor fees and other charges and expenses including any underwriters'\ndiscounts, related to the issuance of such bonds or notes, all as\ndetermined by the authority, excluding bonds and notes issued to refund\noutstanding bounds and notes issued pursuant to this section.\n  (e) Additional authorizations. For the purpose of financing costs of\nthe state, the authority may, in addition to the authorizations\ncontained elsewhere in this title, borrow money by issuing bonds or\nnotes in an aggregate principal amount not exceeding two hundred fifty\nmillion dollars plus a principal amount of bonds or notes issued (i) to\nfund any related debt service reserve fund, (ii) to provide capitalized\ninterest, and (iii) to provide for fees and other charges and expenses\nincluding any underwriters' discounts, related to the issuance of such\nbonds or notes, all as determined by the authority, excluding bonds and\nnotes issued to refund outstanding bonds and notes issued pursuant to\nthis section.\n  (f) Additional authorizations. For the purpose of financing capital\ncosts in connection with a program of infrastructure construction,\nimprovements and other capital expenditures for the project area, the\nauthority may, in addition to the authorizations contained elsewhere in\nthis title, borrow money by issuing bonds and notes in an aggregate\nprincipal amount not exceeding two billion five hundred million dollars,\nplus a principal amount of bonds or notes issued (i) to fund any related\ndebt service reserve fund, (ii) to provide capitalized interest, and\n(iii) to provide for fees and other charges and expenses including any\nunderwriters' discounts, related to the issuance of such bonds or notes,\nall as determined by the authority, excluding bonds and notes issued to\nrefund outstanding bonds and notes issued pursuant to this section.\n  2. For the purposes of financing loans, advances and mortgage loans to\nhousing companies organized pursuant to article two, article four or\narticle eleven of the private housing finance law, including\nsubsidiaries of the authority, for housing accommodations to be erected\nin the Battery Park project area, the authority may issue bonds and\nnotes in an aggregate principal amount at any one time outstanding not\nexceeding four hundred million dollars, excluding bonds and notes issued\nto refund outstanding bonds and notes.\n  3. The fixing of the statutory maximums as provided in subdivisions\none and two of this section shall not be construed as constituting a\ncontract between the authority and the holders of its bonds or notes\nthat additional bonds and notes may not be issued subsequently by the\nauthority in the event that such statutory maximums shall subsequently\nbe increased by law.\n  4. The authority shall have the power to enter into interest rate\nexchange agreements, which shall mean written contracts entered into in\nconnection with the issuance of authority debt or in connection with\nsuch authority debt already outstanding to provide for exchange of\npayments based upon fixed and/or variable interest rates, and shall be\nfor exchanges in currency of the United States of America only. The\nauthority shall have the power: (a) until December thirty-first, two\nthousand three, to enter into such interest rate exchange agreements,\nand (b) thereafter to enter into replacements and substitutions for and\namendments to exchange agreements, provided that no such replacement,\nsubstitution or amendment shall increase the notional principal amount\nunder an exchange agreement or extend the term of an exchange agreement.\nThe authority shall be subject to subdivision three of section\nsixty-nine-d of the state finance law.\n
N.Y. ENV Law § 27-1209 — New York Code / Act ENV / Article 27 / Title 12 / Section 27-1209
Rules and regulations
Status: in_force

§ 27-1209. Rules and regulations.\n  The department shall promulgate rules and regulations necessary and\nappropriate to carry out the purposes of this title and shall at a\nminimum include such provisions for requisite due process and meaningful\npublic participation as are appropriate to any action undertaken\npursuant to this title, taking into consideration the nature and degree\nof any public health impacts and the urgency of any need for\ninvestigation or remediation of contamination.\n
N.Y. PBA Law § 1976 — New York Code / Act PBA / Article 8 / Title 12 / Section 1976
Bonds of the authority
Status: in_force

§ 1976. Bonds of the authority. * 1. The authority shall have power\nand is hereby authorized from time to time to issue its negotiable bonds\nin conformity with applicable provisions of the uniform commercial code\nfor any corporate purpose, including incidental expenses in connection\ntherewith. The authority shall have power from time to time and whenever\nit deems refunding expedient to refund any bonds by the issuance of new\nbonds, whether the bonds to be refunded have or have not matured, and\nmay issue bonds partly to refund bonds then outstanding and partly for\nany other corporate purpose. Except as may be otherwise expressly\nprovided by the authority, every issue of bonds by the authority shall\nbe general obligations payable out of any moneys, earnings, or revenues\nof the authority, subject only to any agreements with the holders of\nparticular bonds, pledging any particular moneys, earnings or revenues.\n  * NB There are two sub one's\n  * 1. The authority shall have power and is hereby authorized from time\nto time to issue its negotiable bonds for any corporate purpose,\nincluding incidental expenses in connection therewith. The authority\nshall have power from time to time and whenever it deems refunding\nexpedient, to refund any bonds by the issuance of new bonds, whether the\nbonds to be refunded have or have not matured, and may issue bonds\npartly to refund bonds then outstanding and partly for any other\ncorporate purpose. Except as may be otherwise expressly provided by the\nauthority, every issue of bonds by the authority shall be general\nobligations payable out of any moneys, earnings, or revenues of the\nauthority, subject only to any agreements with the holders of particular\nbonds, pledging any particular moneys, earnings or revenues. Whether or\nnot the bonds are of such form and character as to be negotiable\ninstruments under article eight of the uniform commercial code, the\nbonds shall be and are hereby made negotiable instruments within the\nmeaning of and for all the purposes of article eight of the uniform\ncommercial code, subject only to the provisions of the bonds for\nregistration.\n  * NB There are two sub one's\n  2. The bonds shall be authorized by resolution of the authority and\nshall bear such date or dates, mature at such time or times, bear\ninterest at such rate or rates, be in such denominations, be in such\nform, either coupon or registered, carry such registration privileges,\nbe executed in such manner, be payable in such medium of payment at such\nplace or places, and be subject to such terms of redemption prior to\nmaturity as such resolution or resolutions may provide.\n  3. All bonds of the authority shall be sold at public or private sale\nas may be determined by the authority.\n  4. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may contain provisions, which shall be a part of the contract with\nthe holders of the bonds thereby authorized, as to\n  (a) pledging all or any part of the moneys, earnings, income and\nrevenues derived from the project to secure the payment of the bonds or\nof any issue of the bonds, subject to such agreements with bondholders\nas may then exist;\n  (b) the rates, rentals, fees and other charges to be fixed,\nestablished and collected and the amounts to be raised in each year\nthereby, and the use and disposition of the earnings and other revenues;\n  (c) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of the project;\n  (e) limitations on the purposes to which and the manner in which the\nproceeds of sale of any bonds or any issue of bonds may be applied;\n  (f) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured, and the refunding of\noutstanding bonds or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) the creation of special funds into which any earnings or revenues\nof the authority may be deposited;\n  (i) the terms and provisions of any mortgage or trust deed or\nindenture securing the bonds or under which the bonds may be issued;\n  (j) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine which may include any\nor all of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to section nineteen hundred eighty-three of this\ntitle, and limiting or abrogating the right of the bondholders to\nappoint a trustee under such section or limiting the rights, powers and\nduties of such trustee;\n  (k) defining the acts or omissions to act which shall constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing the rights and remedies of the bondholders in\nthe event of such default, including as a matter of right the\nappointment of a receiver, provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of this state\nand other provisions of this title;\n  (l) limitations on the power of the authority to sell or otherwise\ndispose of its properties;\n  (m) limitations on the amount of moneys derived from the project to be\nexpended for operating, administrative and other expenses of the\nauthority;\n  (n) the protection and enforcement of the rights and remedies of the\nbondholders;\n  (o) the obligations of the authority in relation to the construction,\nmaintenance, operation, repairs and insurance of the project and the\nsafeguarding and application of all moneys;\n  (p) the payment of the proceeds of bonds and revenues of the project\nto a trustee or other depositary, and for the method of disbursement\nthereof and such safeguards and restrictions as the authority may\ndetermine;\n  (q) any other matters, of like or different character which may in any\nway affect the security or protection of the bonds.\n  5. It is the intention of the legislature that any pledge of earnings,\nrevenues or other moneys made by the authority shall be valid and\nbinding from the time when the pledge is made; that the earnings,\nrevenues or other moneys so pledged and thereafter received by the\nauthority shall immediately be subject to the lien of such pledge\nwithout any physical delivery thereof or further act, and that the lien\nof any such pledge shall be valid and binding as against all parties\nhaving claims of any kind in tort, contract or otherwise against the\nauthority irrespective of whether such parties have notice thereof.\nNeither the resolution nor any other instrument by which a pledge is\ncreated need be recorded.\n  6. Neither the members of the authority nor any person executing the\nbonds or other obligations shall be liable personally on the bonds or\nother obligations or be subject to any personal liability or\naccountability by reason of the issuance thereof.\n  7. The authority shall have power out of any funds available therefor\nto purchase (as distinguished from the power of redemption hereinabove\nprovided) any bonds, and all bonds so purchased shall be cancelled.\n  8. In the discretion of the authority, the bonds may be secured by a\ntrust indenture by and between the authority and a corporate trustee,\nwhich may be any trust company or bank having the powers of a trust\ncompany in the state of New York. Such trust indenture may contain such\nprovisions for protecting and enforcing the rights and remedies of the\nbondholders as may be reasonable and proper and not in violation of law,\nincluding covenants setting forth the duties of the authority in\nrelation to the construction, maintenance, operation, repair and\ninsurance of the project, and the custody, safeguarding and application\nof all moneys. The authority may provide by such trust indenture for the\npayment of the proceeds of the bonds and the revenues of the project to\nthe trustee under such trust indenture or other depository, and for the\nmethod of disbursement thereof, with such safeguards and restrictions as\nit may determine. All expenses incurred in carrying out such trust\nindenture may be treated as a part of the cost of maintenance, operation\nand repairs of the project. If the bonds shall be secured by a trust\nindenture the bondholders shall have no authority to appoint a separate\ntrustee to represent them.\n
N.Y. LFN Law § 160.05 — New York Code / Act LFN / Article 2 / Title 12 / Section 160.05
Financial restructuring board for local governments
Status: in_force

§ 160.05. Financial restructuring board for local governments. 1.\nThere shall be a financial restructuring board for local governments\nwhich shall consist of ten members: the director of the budget who shall\nbe chair of the board, the attorney general, the state comptroller, and\nthe secretary of state, each of whom may designate a representative to\nattend sessions of the board on his or her behalf, and six members\nappointed by the governor, one of whom upon the recommendation of the\ntemporary president of the senate, one of whom upon the recommendation\nof the speaker of the assembly, and four other members appointed by the\ngovernor, one of whom shall have significant experience in municipal\nfinancial and restructuring matters. In making such appointments, the\ngovernor shall consider regional diversity. Appointees shall serve at\nthe pleasure of his or her appointing authority. The appointee of the\ngovernor who has been designated as having significant experience in\nmunicipal financial and restructuring matters shall receive fair\ncompensation for his or her services performed pursuant to this section\nin an amount to be determined by the director of the budget and all\nmembers shall be reimbursed for all reasonable expenses actually and\nnecessarily incurred by him or her in the performance of his or her\nduties. The board shall have the power to act by an affirmative vote of\na majority of the total number of members and shall render its findings\nand recommendations within six months of being requested to act by a\nfiscally eligible municipality. The provisions of section seventeen of\nthe public officers law shall apply to members of the board. No member\nof the board shall be held liable for the performance of any function or\nduty authorized by this section. The work of the board shall be\nconducted with such staff as the director of the budget, the secretary\nof state, the attorney general and the state comptroller shall make\navailable. All proceedings, meetings and hearings conducted by the board\nshall be held in the city of Albany.\n  2. A "fiscally eligible municipality" shall mean any county, city,\nexcluding a city with a population greater than one million, town, or\nvillage that the board, on a case by case basis, determines would\nbenefit from the services and assistance which the board has legal\nauthority to offer. In evaluating whether a municipality is a fiscally\neligible municipality, the board shall consider the average full value\nproperty tax rate of such public employer and the average fund balance\npercentage of such public employer and such other criteria as the board\ndeems relevant. For purposes of this section, "full value property tax\nrate" shall mean the amount to be raised by tax on real estate by a\nlocal government in a given fiscal year divided by the full valuation of\ntaxable real estate for that same fiscal year as reported to the office\nof the state comptroller; "average full value property tax rate" shall\nmean the sum of the full value property tax rates for the five most\nrecent fiscal years divided by five; "fund balance percentage" shall\nmean the total fund balance in the general fund of a local government in\na given fiscal year divided by the total expenditures from the general\nfund for that same fiscal year as reported to the office of the state\ncomptroller; and "average fund balance percentage" shall mean the sum of\nthe fund balance percentages for the five most recently completed fiscal\nyears divided by five.\n  (a) If the average full value property tax rate of such municipality\nis greater than the average full value property tax rate of seventy-five\npercent of counties, cities, towns, and villages, with local fiscal\nyears ending in the same calendar year as of the most recently available\ninformation, the board must find that such municipality is a fiscally\neligible municipality. The office of the state comptroller shall make\npublicly available the list of counties, cities, towns, and villages\nthat have an average full value property tax rate that meets such\ncriteria in each local fiscal year. If a municipality has not reported\nto the office of the state comptroller the information necessary to\ncalculate its average full value property tax rate, such municipality\nmay not be deemed a fiscally eligible municipality and the provisions of\nthis section shall not apply.\n  (b) If the average fund balance percentage of such municipality is\nless than five percent, the board must find that such municipality is a\nfiscally eligible municipality. The office of the state comptroller\nshall make publicly available the list of counties, cities, towns, and\nvillages that have an average fund balance percentage that meets such\ncriteria in each local fiscal year. If a municipality has not reported\nto the office of the state comptroller the information necessary to\ncalculate its average fund balance percentage, such municipality may not\nbe deemed a fiscally eligible municipality and the provisions of this\nsection shall not apply.\n  3. (a) Upon the request of a fiscally eligible municipality, by\nresolution of the governing body of such municipality with the\nconcurrence of the chief executive of such municipality, the financial\nrestructuring board for local governments may undertake a comprehensive\nreview of the operations, finances, management practices, economic base\nand any other factors that in its sole discretion it deems relevant to\nbe able to make findings and recommendations on reforming and\nrestructuring the operations of the fiscally eligible municipality. As\npart of such recommendations, the board may propose that such\nmunicipality agree to fiscal accountability measures, as determined by\nthe board, including, but not limited to, multi-year financial planning.\nIt may also identify cost-saving measures, recommend consolidation of\nfunctions or agencies within such municipality or between such\nmunicipality and other municipalities, consistent with existing law,\nidentify and make available, to the extent otherwise permitted by law,\ngrants and loans on such terms and conditions as it deems appropriate,\nand make such other recommendations as the board may deem just and\nproper but in no event shall the sum of all awards made by the board to\na single fiscally eligible municipality be greater than five million\ndollars. If such award is a loan, it may not be for a term longer than\nten years. In the event a grant or loan is made, the board may condition\nsuch award on the fiscally eligible municipality submitting a report or\nreports on such actions taken by the fiscally eligible municipality\npursuant to the board's recommendations, and the board shall require\nthat the eligible municipality must adopt and implement all the board's\nrecommendations as a condition to receiving an award or awards. Before\nmaking final recommendations, the board shall consult with the fiscally\neligible municipality. Such recommendations shall not be final and\nbinding on a fiscally eligible municipality unless it formally agrees to\nabide by and implement such recommendations in which event such\nrecommendations and the terms provided thereunder shall be final and\nbinding on such municipality.\n  (b) Notwithstanding paragraph t of subdivision ten of section\nfifty-four of the state finance law and irrespective of whether there\nhas been a determination or finding of fiscal eligibility under this\nsection, upon the request of any county, city, excluding a city with a\npopulation of greater than one million, town, or village which (1) has\nelected to engage in multi-year planning with the assistance of an\nexternal financial advisor, and (2) has been identified as experiencing\nfiscal stress, the financial restructuring board for local governments\nmay determine that all or part of the cost to the county, city, town, or\nvillage for such external advisor shall be subject to reimbursement from\nmonies appropriated to such board for the making of grants and loans.\n  4. The board may hold hearings and shall have authority to require the\nproduction of any information that it deems necessary to undertake its\ncomprehensive review. The board shall post on a publicly available\nwebsite all recommendations and findings made pursuant to this section.\n  5. The board shall also be authorized to resolve an impasse pursuant\nto subdivision four-a of section two hundred nine of the civil service\nlaw.\n
N.Y. SOS Law § 458-M — New York Code / Act SOS / Article 6 / Title 12 / Section 458-M
Family support services programs
Status: in_force

§ 458-m. Family support services programs.  1. As used in this title,\nthe term "family support services programs" shall mean a program\nestablished pursuant to this title to provide community-based supportive\nservices to children and families with the goal of (i) preventing a\nchild from being adjudicated a person in need of supervision and help\nprevent the out of home placements of such youth or (ii) preventing a\npetition from being filed under article seven of the family court act,\nor (iii) reducing future interaction with the juvenile justice or child\nwelfare systems for children under twelve years of age who do not fall\nunder the definition of juvenile delinquent pursuant to subparagraph\n(iii) of paragraph (a) of subdivision one of section 301.2 of the family\ncourt act and whose behavior, but for their age would bring them within\nthe jurisdiction of the family court pursuant to article three of the\nfamily court act.\n  2. Family support services programs shall provide comprehensive\nservices to such children and their families, either directly or through\nreferrals with partner agencies, including, but not limited to:\n  (a) rapid family assessments and screenings;\n  (b) crisis intervention;\n  (c) family mediation and skills building;\n  (d) mental and behavioral health services including cognitive\ninterventions;\n  (e) case management;\n  (f) respite services;\n  (g) education advocacy; and\n  (h) other family support services.\n  3. The services that are provided shall be trauma responsive, family\nfocused, gender-responsive, and evidence based or informed and strengths\nbased and shall be tailored to the individualized needs of the child and\nfamily based on the assessments and screenings conducted by such family\nsupport services program.\n  4. Family support services programs shall have the capacity to serve\nfamilies outside of regular business hours including evenings and\nweekends.\n
N.Y. PBA Law § 1284 — New York Code / Act PBA / Article 5 / Title 12 / Section 1284
General powers of the corporation
Status: in_force

§ 1284. General powers of the corporation. Except as otherwise limited\nby this title, the corporation shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To borrow money and issue negotiable or non-negotiable notes, bonds\nor other obligations and to provide for the rights of the holders\nthereof;\n  4. To invest any funds held in reserve or sinking funds, or any monies\nnot required for immediate use or disbursement, at the discretion of the\ncorporation (i) in obligations of the state or the United States of\nAmerica; (ii) in obligations the principal and interest of which are\nguaranteed by the state or the United States of America; (iii) in\nobligations issued by the United States of America, an agency thereof or\na United States government sponsored corporation or obligations fully\ninsured or guaranteed as to the payment of principal and interest by the\nUnited States of America, an agency thereof or a United States\ngovernment sponsored corporation; or in deposits with such banks or\ntrust companies as may be designated by the corporation. Each such bank\nor trust company deposit shall be continuously and fully secured by\ndirect obligations of the state or the United States of America, or by\nobligations the principal and interest of which are guaranteed by the\nstate or the United States of America, and additionally, any funds\nmanaged by the corporation for any municipality may be continuously and\nfully secured by obligations of any municipality, school district or\ndistrict corporation of the state of New York of a market value equal at\nall times to the amount of the deposit, and all banks and trust\ncompanies are hereby authorized to give such security;\n  5. To make and alter by-laws for its organization and internal\nmanagement, and rules and regulations governing the exercise of its\npowers and the fulfillment of its purposes under this title;\n  6. To enter into contracts and leases and to execute all instruments\nnecessary or convenient or desirable for the purposes of the corporation\nor to carry out any powers expressly given it in this title;\n  7. To acquire, purchase, hold, lease as lessee, dispose of and use any\nreal or personal property or any interest therein necessary, convenient\nor desirable to carry out the purpose of this title and to sell, lease\nas lessor, transfer and dispose of any property or interest therein at\nany time required by it in the exercise of its power including but not\nlimited to the sale, transfer or disposal of any materials, substances\nor sources or forms of energy derived from any corporate activity.\n  8. To appoint such officers and employees as it may require for the\nperformance of its duties, and to fix and determine their\nqualifications, duties and compensation and to retain or employ counsel,\nauditors, engineers and private consultants on a contract basis or\notherwise for rendering professional or technical services and advice;\n  9. To make plans, surveys, and studies necessary, convenient or\ndesirable to the effectuation of the purposes and powers of the\ncorporation and to prepare recommendations in regard thereto, provided\nthat such plans, surveys, studies and recommendations shall be in\nconformity with any comprehensive studies and reports on the collection,\ntreatment and disposal of sewage conducted and approved pursuant to the\nprovisions of section twelve hundred sixty-three-a of the public health\nlaw, on the collection, treatment and disposal of refuse conducted and\napproved pursuant to the provisions of title IX of the public health\nlaw, and on public water supply systems conducted and approved pursuant\nto the provisions of part V-A of article V of the conservation law and\non the control and abatement of air pollution conducted and approved\npursuant to the provisions of title II, article twelve-A of the public\nhealth law;\n  10. To enter upon such lands, waters, or premises as in the judgment\nof the corporation may be necessary, convenient or desirable for the\npurpose of making surveys, soundings, borings and examinations to\naccomplish any purpose authorized by this title, the corporation being\nliable for actual damage done;\n  11. To conduct investigations and hearings in the furtherance of its\ngeneral purposes, and in aid thereof to have access to any books,\nrecords or papers relevant thereto; and if any person whose testimony\nshall be required for the proper performance of the duties of the\ncorporation shall fail or refuse to aid or assist the corporation in the\nconduct of any investigation or hearing, or to produce any relevant\nbooks, records or other papers, the corporation is authorized to apply\nfor process of subpoena, to issue out of any court of general original\njurisdiction whose process can reach such person, upon due cause shown;\n  12. To acquire municipal bonds and notes and bonds and notes of\ncertain state agencies, and to make loan commitments and loans to\nmunicipalities and certain state agencies, and to enter into option\narrangements with municipalities for the purchase of municipal bonds and\nnotes;\n  13. To sell any municipal bonds or notes, other securities, or other\npersonal property acquired by the corporation whenever it is determined\nby the corporation that the sale of such property is desirable;\nmunicipal bonds and notes acquired by the corporation shall be sold by\nthe corporation only at public sale at such price or prices as it shall\ndetermine, and a notice of such sale shall be published at least once at\nleast five days prior to the date of such sale in a financial newspaper\nor journal published in the City of New York; the proceeds of the sale\nby the corporation of any municipal bonds or notes shall be required to\nbe held for the benefit of the bonds and notes and interest thereon\nentitled to be paid therefrom, or shall be used to purchase, or applied\ntowards the redemption of bonds or notes, at not more than the\nredemption price then applicable, plus accrued interest to the next\npayment date thereon, or, if not then redeemable, at a premium of not\nmore than the redemption price applicable on the first date after such\npurchase upon which the bonds or notes become subject to redemption,\nplus accrued interest to said date, all subject to such agreements with\nbondholders or noteholders as may then exist;\n  14. To accept any gifts or grants or loans of funds or property from\nthe federal government or from the state or from any other federal or\nstate public body or political subdivision or any other person and to\ncomply, subject to the provisions of this title, with the terms and\nconditions thereof;\n  15. To appoint such advisory committees as may be necessary,\nconvenient or desirable to the effectuation of the purposes and powers\nof the corporation; and\n  16. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n
N.Y. PBA Law § 1285-H — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-H
Inactive hazardous waste disposal site remedial programs
Status: in_force

§ 1285-h. Inactive hazardous waste disposal site remedial programs.\n1. The corporation and any owner of an inactive hazardous waste disposal\nsite, or any state agency or any person or municipality identified by\nthe commissioner of the department of environmental conservation\npursuant to section 27-1313 of the environmental conservation law as\nresponsible for developing and implementing an inactive hazardous waste\ndisposal site remedial program pursuant to section 27-1313 of the\nenvironmental conservation law or section thirteen hundred eighty-nine-b\nof the public health law may enter into a contract for the development\nand/or implementation of such a program upon such terms and conditions\nas the corporation shall determine to be reasonable. Such contract shall\ninclude payment to the corporation pursuant to the contract. The\ncorporation may subcontract for the development or implementation of\nsuch a program.\n  2. When requested by the owner of an inactive hazardous waste disposal\nsite, or by any state agency or by any person or municipality identified\nby the commissioner of the department of environmental conservation\npursuant to section 27-1313 of the environmental conservation law as\nresponsible for the disposal of hazardous waste at such site, the\ncorporation may advise such owner, state agency, person or municipality\non matters relating to the development and implementation of an inactive\nhazardous waste remedial program and pursuant to a contract with such an\nowner, state agency, person or municipality may render technical\nassistance and may undertake research, planning and testing with respect\nto any such program. The corporation may make a reasonable charge to any\nsuch owner, state agency, person or municipality for the performance of\nany of the functions authorized by this subdivision.\n  3. The corporation shall have the authority to contract with the\ndepartment of environmental conservation to perform necessary work in\nconnection with inactive hazardous waste disposal site remedial programs\npursuant to section 27-1313 of the environmental conservation law. Such\ncontract shall include payment to the corporation pursuant to the\ncontract. The corporation may subcontract for the development or\nimplementation of such a program.\n
N.Y. LFN Law § 160.10 — New York Code / Act LFN / Article 2 / Title 12 / Section 160.10
Delegation to a deputy
Status: in_force

§ 160.10 Delegation to a deputy.  Whenever pursuant to this chapter\nthe finance board delegates any power or duty to the chief fiscal\nofficer, unless the finance board specifies otherwise when it makes such\ndelegation, the chief fiscal officer may authorize a deputy to exercise\nsuch power or perform such duty. Such authorization shall be in writing,\ndated and signed by such chief fiscal officer, and shall be forthwith\nfiled with the finance board.\n
N.Y. PBH Law § 1389-A — New York Code / Act PBH / Article 13 / Title 12-A / Section 1389-A
Definitions
Status: in_force

§ 1389-a. Definitions. 1. "Hazardous waste" means hazardous waste as\ndefined in section 27-1301 of the environmental conservation law.\n  2. "Inactive hazardous waste disposal site" means an inactive\nhazardous waste disposal site as that term is defined in section 27-1301\nof the environmental conservation law.\n  3. "Inactive hazardous waste disposal site remedial program" means an\ninactive hazardous waste disposal site remedial program as that term is\ndefined in section 27-1301 of the environmental conservation law.\n  4. "Person" means an individual, trust, firm, joint venture, joint\nstock company, corporation, limited liability company, partnership,\nassociation, state, municipality, commission, political subdivision of a\nstate, public benefit corporation, or any interstate body. Provided,\nhowever for the purposes of this title, a person shall not include a\nperson as defined in section one thousand three hundred eighty-nine-e of\nthis title.\n  5. "Waste" shall have the same meaning as set forth in section 27-1301\nof the environmental conservation law.\n
N.Y. PBA Law § 1285-S — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-S
New York state intermunicipal water infrastructure grants program
Status: in_force

§ 1285-s. New York state intermunicipal water infrastructure grants\nprogram. 1. For purposes of this section:\n  (a) "water quality infrastructure project" shall mean "sewage\ntreatment works" as defined in section 17-1903 of the environmental\nconservation law or "eligible project" as defined in paragraphs (a),\n(b), (c) and (e) of subdivision four of section eleven hundred sixty of\nthe public health law.\n  (b) "construction" shall mean:\n  (i) for sewage treatment works, the same meaning as defined in section\n17-1903 of the environmental conservation law; and\n  (ii) for eligible projects, the same meaning as defined in section one\nthousand one hundred sixty of the public health law.\n  (c) "municipality" shall mean any county, city, town, village,\ndistrict corporation, county or town improvement district, school\ndistrict, Indian nation or tribe recognized by the state or the United\nStates with a reservation wholly or partly within the boundaries of New\nYork state, any public benefit corporation or public authority\nestablished pursuant to the laws of New York or any agency of New York\nstate which is empowered to construct and operate an intermunicipal\nwater quality infrastructure project, or any two or more of the\nforegoing which are acting jointly in connection with an intermunicipal\nwater quality infrastructure project.\n  2. (a) The environmental facilities corporation shall undertake and\nprovide state financial assistance payments, from funds appropriated for\nsuch purpose, to municipalities in support of intermunicipal water\nquality infrastructure projects provided, however, in any such year that\nfunds are appropriated for such purpose, each project shall receive an\naward of up to ten million dollars of appropriated funds; provided that\nsuch monies shall not exceed sixty percent of the total project cost;\nand provided further that the total state financial assistance payment\nfor the project does not represent a disproportionate share of the total\namount of available funding in any given year.\n  (b) Intermunicipal water quality infrastructure projects shall serve\nmultiple municipalities and may include a shared water quality\ninfrastructure project or interconnection of multiple municipal water\nquality infrastructure projects and shall be awarded only to water\nquality infrastructure projects for:\n  (i) construction, replacement or repair of infrastructure provided,\nhowever, that such assistance shall not be awarded for construction to\nexclusively support residential or commercial development; or\n  (ii) compliance with environmental and public health laws and\nregulations related to water quality.\n  (c) Cooperating municipalities may make an application for an\nintermunicipal water infrastructure grant, in a manner, form and\ntimeframe and containing such information as the environmental\nfacilities corporation may require provided however, such requirements\nshall not include a requirement for prior listing on the intended use\nplan.\n  (d) Cooperating municipalities shall not be required to accept\nenvironmental facilities corporation loan financing in order to obtain a\nstate financial assistance payment pursuant to this section if it can\nprovide proof of having obtained similarly low cost financing or other\nfunding from another source.\n  (e) In awarding financial assistance payments, the corporation shall\nbe prohibited from requiring as a condition of receipt, or otherwise\ngiving preference to, applicants who agree to participate in the design,\ncreation, or implementation of a municipal consolidation plan.\n  3. Intermunicipal water quality infrastructure projects financed with\nstate financial assistance made available pursuant to this section shall\nbe subject to the requirements of article eight of the labor law, the\nrequirements of article seventeen-B of the executive law and the\nrequirements and provisions of all applicable minority- and women-owned\nbusiness mandates including, but not limited to article fifteen-A of the\nexecutive law.\n
N.Y. PBA Law § 1285-K — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-K
Financing of the design, acquisition, construction, improvement and installation of Riverbank Park
Status: in_force

§ 1285-k. Financing of the design, acquisition, construction,\nimprovement and installation of Riverbank Park. In order to effectuate\nthe purposes of this title, the corporation shall have the following\nadditional special powers:\n  1. Notwithstanding the provisions of any law to the contrary, the\ncorporation and any state agency, subject to the approval of the\ndirector of the budget, may enter into a contract for financing the\ndesign, acquisition, construction, improvement and installation of all\nor any portion of Riverbank Park, for and on behalf of such state\nagency; and the corporation and any state agency may enter into a\ncontract, lease, easement, license or other instrument pursuant to which\nthe corporation shall make all or any portion of Riverbank Park\navailable to such agency, for use as a park. Any such contract or\ncontracts, lease, easement, license or other instrument shall be upon\nsuch terms and conditions as the corporation and the subject state\nagency shall determine to be reasonable, including, but not limited to,\nthe payment of, or reimbursement to the corporation for, (a) all costs\nof the corporation in financing the design, acquisition, construction,\nimprovement and installation of all or any portion of Riverbank Park,\nand any claims arising therefrom, (b) all fees and other charges of, and\nall expenses incurred by, the corporation in connection with the\nissuance and administration of any bonds or notes issued by the\ncorporation for such purpose, and (c) amounts sufficient to pay all\nprincipal, premium, if any, and interest on such bonds or notes. Such\npayment or reimbursement may be made annually or otherwise, may be in\nfixed amounts or based on any factors or other matters, or may be made\nin any other manner, as such contract or contracts shall provide.\n  2. Any contract, lease, easement, license or other instrument entered\ninto by the corporation pursuant to subdivision one of this section may\nbe assigned or pledged by the corporation as security for its bonds or\nnotes issued for the purpose of financing the design, acquisition,\nconstruction, improvement and installation of all or any portion of\nRiverbank Park.\n  3. The corporation, any state agency, the city of New York or any\nagency or instrumentality thereof, may enter into any leases, easements,\nlicenses, or other instruments, for the purpose of granting to the\ncorporation any interest in real property which the corporation shall\ndeem necessary for the purpose of financing the design, acquisition,\nconstruction, improvement and installation of all or any portion of\nRiverbank Park.\n  4. Notwithstanding the provisions of subdivision one of this section,\nany contract, lease, easement, license or other instrument entered into\nby the corporation with any state agency, pursuant to subdivision one of\nthis section, shall (a) provide that the obligation of the state or such\nstate agency to pay the amounts therein provided shall not constitute a\ndebt of the state within the meaning of any constitutional or statutory\nprovision, and (b) be deemed executory only to the extent moneys are\navailable, and provide that the obligation of the state or such state\nagency to make payments thereunder is subject to annual appropriation by\nthe legislature.\n
N.Y. PBG Law § 415 — New York Code / Act PBG / Article 13 / Title 12 / Section 415
Niagara Falls Housing Authority
Status: in_force

§ 415. Niagara Falls Housing Authority.  A municipal housing\nauthority, to be known as the Niagara Falls Housing Authority, is hereby\ncreated and established in the city of Niagara Falls in the county of\nNiagara for the accomplishment of any or all of the purposes specified\nin article eighteen of the constitution of the state of New York. It\nshall constitute a body corporate and politic and consist of five\nmembers. It shall have the powers and duties now or hereafter conferred\nby this chapter upon municipal housing authorities. It shall be\norganized in the manner prescribed by and subject to the provisions of\nthis chapter, and the authority, its members, officers and employees and\nits operations and activities shall in all respects be governed by the\nprovisions of this chapter. Such authority shall have perpetual\nduration; provided, however, that if, at the expiration of three years\nsubsequent to the time this section as hereby added takes effect, there\nshall be outstanding no bonds or other obligations of such authority\ntheretofore issued for any of the purposes authorized in this chapter,\nthen its corporate existence shall thereupon terminate and such\nauthority shall thereupon be deemed to be and shall be dissolved.\n
N.Y. VAT Law § 3003 — New York Code / Act VAT / Title 12 / Article 49 / Section 3003
Reference to existing laws
Status: in_force

§ 3003. Reference to existing laws.  The reference by any law, general\nor special or by any local law, ordinance, order, rule, regulation,\nadministrative code provision or sanitary or health code provision to\nany section of this chapter or of the highway law, penal law or\ninsurance law as in force immediately prior to the time this act shall\ntake effect, shall be deemed to be construed as a reference to the\ncorresponding provision or provisions of such law, as renumbered,\nmodified or amended by this chapter, irrespective of whether such\nprovision or provisions is or are contained in one or more than one\ntitle, article, section, subdivision or other part thereof.\n
N.Y. VAT Law § 3014 — New York Code / Act VAT / Title 12 / Article 50 / Section 3014
Laws repealed
Status: in_force

§ 3014. Laws repealed. Chapter fifty-four of the laws of nineteen\nhundred twenty-nine, entitled "An act relating to motor vehicles,\nmotorcycles, and highway traffic, constituting chapter seventy-one of\nthe consolidated laws," and all acts amendatory thereof and supplemental\nthereto, constituting the vehicle and traffic law as heretofore in\nforce, are hereby repealed, except as otherwise provided herein.\n
N.Y. RSS Law § 114 — New York Code / Act RSS / Article 2 / Title 12 / Section 114
Retirement of certain state employees
Status: in_force

§ 114. Retirement of certain state employees.  All state employees,\nexcept teachers in the state college for teachers and the state normal\nschools and teachers in the state agricultural and industrial school who\nshall be considered as teachers subject to the provisions of article\neleven of the education law, and, except such state employees as are\notherwise provided for by the mental hygiene law and the correction law,\nwho were included under the provisions of chapter four hundred and\nforty-one of the laws of nineteen hundred ten; chapter one hundred and\neighty-five of the laws of nineteen hundred thirteen; chapter five\nhundred and eleven and section sixteen of chapter three hundred and\nsixty-nine of the laws of nineteen hundred fourteen; chapters five\nhundred and fifty-seven and six hundred and fourteen of the laws of\nnineteen hundred fifteen; chapter two hundred and twenty-one of the laws\nof nineteen hundred nineteen; chapter seven hundred and ninety-four of\nthe laws of nineteen hundred twenty, who elected to become members of\nthe New York state employees' retirement system on or before January\nfirst, nineteen hundred twenty-two, shall continue to be members of such\nsystem and shall be subject to all the provisions of law relative to\nsuch system with the exception that they shall be entitled to credit for\nprior service as defined by section two of this chapter, including\nservice as a grand jury stenographer, up to and including July first,\nnineteen hundred twenty-one. All teachers of the state agricultural and\nindustrial school who were entitled to retirement under section ten\nhundred and ninety-five of the education law, as added by chapter four\nhundred and forty-one of the laws of nineteen hundred ten, who have\nbecome or hereafter become members of the state teachers' retirement\nsystem, shall be entitled to credit for the same service upon retirement\nunder the laws relating to such system, as they would have been entitled\nto receive under the provisions of said section ten hundred and\nninety-five of the education law.\n
N.Y. RSS Law § 400 — New York Code / Act RSS / Article 8 / Title 12 / Section 400
Payment of retirement allowances
Status: in_force

§ 400. Payment of retirement allowances.  Retirement allowances shall\nbe payable on the first day of each and every month beginning on the\nfirst day of the month following the effective date of retirement. Upon\nthe death of a retired member, however, the retirement allowance due for\nthat part of the month prior to his death shall be paid forthwith.\n
N.Y. VAT Law § 3013 — New York Code / Act VAT / Title 12 / Article 50 / Section 3013
Saving clauses
Status: in_force

§ 3013. Saving clauses. 1. Nothing contained in this chapter shall\naffect or impair any act done or right accruing, accrued or acquired, or\nany penalty, forfeiture or punishment incurred prior to the time when\nthis chapter shall take effect, under or by virtue of the provision or\nprovisions of the vehicle and traffic law, as in force immediately prior\nto the time this chapter shall take effect, but the same may be\nasserted, enforced, prosecuted or inflicted, as fully and to the same\nextent as if this chapter shall not have taken effect.\n  2. An act of the legislature of the year nineteen hundred fifty-nine\nor nineteen hundred sixty which, in form, adds or purports to add a new\narticle, section, subdivision or other provision of law to the vehicle\nand traffic law, as in force immediately prior to the time this chapter\nshall take effect, shall be legally effective notwithstanding the repeal\nof such law by this chapter and shall be deemed and construed as having\nbeen added to this chapter and shall be given full effect according to\nits context as if the same had been added expressly and in terms to this\nchapter and shall be deemed and construed to have been inserted in this\nchapter in the appropriate respective position in regard to and as\nmodifying the effect of the corresponding provision or provisions of\nthis chapter.\n  3. Any act of the legislature of the year nineteen hundred fifty-nine\nor nineteen hundred sixty which, in form, amends or repeals or purports\nto amend or repeal any provision or provisions of the former vehicle and\ntraffic law shall be legally effective notwithstanding the repeal of\nsuch former vehicle and traffic law by this chapter and shall be\nconstrued as an amendment or repeal as the case may be, of the\ncorresponding provision or provisions of this chapter irrespective of\nwhether such provision or provisions are contained in this chapter in\none or more than one article, section, subdivision or other part thereof\nand such corresponding provision or provisions shall be deemed and\nconstrued to be amended, modified, changed or repealed as though the\nsame had been expressly and in terms so amended or repealed.\n  4. Reference in any act of the legislature of the year nineteen\nhundred fifty-nine or nineteen hundred sixty to an existing article,\nsection, subdivision or other provision of the vehicle and traffic law,\nas in force immediately prior to the time this chapter shall take\neffect, shall be deemed and construed to refer to the corresponding\narticle, section, subdivision or other provision of such law, as\nrenumbered, modified or amended by this chapter.\n  5. The provisions of this chapter in so far as they are substantially\nthe same as the existing provisions of the vehicle and traffic law shall\nbe construed as a continuation of the provisions of the former vehicle\nand traffic law and not as new enactments.\n  6. This chapter shall not affect pending actions or proceedings, civil\nor criminal, but the same may be prosecuted or defended in the same\nmanner and with the same effect as though this chapter had not been\npassed.\n
N.Y. PBA Law § 1282 — New York Code / Act PBA / Article 5 / Title 12 / Section 1282
New York state environmental facilities corporation
Status: in_force

§ 1282. New York state environmental facilities corporation. 1. The\n"New York state pure waters authority" is hereby reconstituted and\ncontinued as the "New York state environmental facilities corporation".\nReference in any provision of law, general, special or local, or in any\nrule, regulation or public document to the New York state pure waters\nauthority shall be deemed to be and construed as a reference to the\ncorporation continued by this section. The corporation shall be a body\ncorporate and politic constituting a public benefit corporation. Its\nmembership shall consist of seven directors: the commissioner of\nenvironmental conservation who shall be chair, the commissioner of\nhealth, the secretary of state, and four directors appointed by the\ngovernor by and with the advice and consent of the senate. The directors\nappointed by the governor who are not state officers, shall serve for\nterms of six years each, provided, however, that of the directors first\nappointed, two shall serve for terms of two years, the remaining two for\nterms of four and six years, respectively, from January first next\nsucceeding their appointment. The appointed members of the New York\nstate pure waters authority in office on the effective date of this\ntitle shall be deemed to be directors first appointed in accordance with\nthe foregoing and shall hold office for the balance of the terms for\nwhich they were severally appointed. Any vacancy occurring otherwise\nthan by expiration of term shall be filled in the same manner as the\noriginal appointment for the balance of the unexpired term. The board of\ndirectors of the corporation shall appoint, by resolution, the president\nof the corporation. The president shall be the chief executive officer\nof the corporation and shall serve at the pleasure of the board of\ndirectors of the corporation.\n  2. Each director shall not receive a salary or other compensation, but\nshall be entitled to reimbursement for actual and necessary expenses\nincurred in the performance of his or her official duties.\n  3. Such directors other than the commissioner of environmental\nconservation, the commissioner of health and the secretary of state may\nengage in private employment, or in a profession or business, subject to\nthe limitation contained in sections seventy-three and seventy-four of\nthe public officers law. The corporation shall, for the purposes of\nsections seventy-three and seventy-four of the public officers law, be a\n"state agency," and such directors shall be "officers" of the\ncorporation for the purposes of said sections.\n  4. Four directors of the corporation shall constitute a quorum for the\ntransaction of any business or the exercise of any power of the\ncorporation. For the transaction of any business or the exercise of any\npower of the corporation, the corporation shall have power to act by a\nmajority of the directors present at any meeting at which a quorum is in\nattendance. Videoconferencing may be used for attendance and\nparticipation by the directors. Any director attending and participating\nby the use of videoconferencing in compliance with article seven of the\npublic officers law shall be considered to be present at the meeting.\nThe corporation may delegate to one or more of its directors, or its\nofficers, agents and employees, such powers and duties as it may deem\nproper. The commissioner of environmental conservation, the commissioner\nof health and the secretary of state may, by official proxy, filed with\nand approved by the corporation, designate an officer in their\nrespective department, to perform, in their absence, their respective\nduties under this article. The term "director" as used in this\nsubdivision shall include such persons so designated as provided herein.\nThe designation of such persons shall be deemed temporary only and shall\nnot affect the civil service or retirement rights of any persons so\ndesignated.\n  5. Notwithstanding any inconsistent provisions of this or any other\nlaw, general, special or local, no officer or employee of the state, or\nof any civil division thereof, shall be deemed to have forfeited or\nshall forfeit his office or employment or any benefits provided under\nthe retirement and social security law by reason of his acceptance of\nmembership on the corporation, provided, however, a director who holds\nsuch other public office or employment shall receive no additional\ncompensation for services rendered pursuant to this title, but shall be\nentitled to reimbursement for his actual and necessary expenses incurred\nin the performance of such services.\n  6. The governor may remove any director for inefficiency, neglect of\nduty or misconduct in office after giving him a copy of the charges\nagainst him and an opportunity to be heard, in person or by counsel in\nhis defense, upon not less than ten days' notice. If any director shall\nbe so removed, the governor shall file in the office of the department\nof state a complete statement of charges made against such director, and\nhis findings thereon, together with a complete record of the\nproceedings.\n  7. The corporation shall continue so long as it shall have bonds or\nother obligations outstanding and until its existence shall be\nterminated by law. Upon the termination of the existence of the\ncorporation, all its rights and properties shall pass to and be vested\nin the state.\n
N.Y. RSS Law § 402 — New York Code / Act RSS / Article 8 / Title 12 / Section 402
Recovery of disability beneficiaries
Status: in_force

§ 402. Recovery of disability beneficiaries. a. Once each year the\ncomptroller may, and, upon his application, shall require a retiree on a\ndisability allowance, under the minimum age or period for service\nretirement elected by him, to undergo a medical examination. Such\nexamination shall be made at the place of residence of such beneficiary,\nor at any other place mutually agreed upon by the comptroller and such\nbeneficiary. In the event that any such disability beneficiary shall\nrefuse to submit to a medical examination, the pension portion of his\nretirement allowance, including the\npension-providing-for-increased-take-home-pay, shall be discontinued\nuntil his withdrawal of such refusal. If such refusal shall continue for\none year, all his rights in and to his pension shall be forfeited.\n  b. The pension, including the\npension-providing-for-increased-take-home-pay, of a disability\nbeneficiary shall be reduced in the event that any such disability\nbeneficiary is engaged in a gainful occupation paying more than the\ndifference between his retirement allowance, as it would be without\noptional modification and if not reduced by the actuarial equivalent of\nany outstanding loan and if not increased by the actuarial equivalent of\nany additional contributions, and his final salary. Such reductions\nshall be to a sum which, when added to an annuity, as so computed, plus\nthe amount so earnable by him, shall equal his final salary. If his\nearning capacity thereafter changes, his pension may be further altered.\nAny such altered pension shall not exceed:\n  1. The pension, including the\npension-providing-for-increased-take-home-pay, originally granted to\nsuch beneficiary, nor\n  2. An amount which, when added to an annuity, as so computed, plus the\nsum earned by him or her, shall equal his or her final salary.\n  In the case where an optional benefit has been selected, such\nreduction shall be the same as the reduction would have been without\noptional modification. Where such reduction is greater than the pension,\nincluding the pension-providing-for-increased-take-home-pay, payable\nunder the option selected, the excess may be paid by the pensioner into\nthe funds of the police and fire retirement system, in which case the\nbenefit due under the option shall be paid as if no reduction had\noccurred. If such excess is not paid by the pensioner, the benefit\notherwise due under the option shall be reduced by the actuarial\nequivalent of such excess. In no event shall the payment to the funds be\ngreater than the difference between the pension, including the\npension-providing-for-increased-take-home-pay, without optional\nmodification and the pension, including the\npension-providing-for-increased-take-home-pay, under the option\nselected. The pension, including the\npension-providing-for-increased-take-home-pay of a disability pensioner,\nshall not be reduced after he or she has attained the mandatory\nretirement age applicable to him or her or shall have attained the age\nor performed the period of service specified by applicable law for\neligibility for a service retirement benefit.\n  c. In the event that the comptroller shall determine that a disability\nbeneficiary is able to engage in a gainful occupation, he or she shall,\nif such beneficiary so requires, certify the name of such beneficiary to\nthe state civil service department or appropriate civil service\ncommission. The state civil service department or such municipal\ncommission shall place the name of such beneficiary, as a preferred\neligible, on the appropriate eligible lists prepared by it for positions\nfor which such beneficiary is stated to be qualified in a salary grade\nnot exceeding that from which he or she was last retired. If any such\nbeneficiary shall be offered a position as a result of the placing of\nhis or her name on any such civil service list, the amount of his or her\ndisability pension, including the\npension-providing-for-increased-take-home-pay, shall be reduced. Such\nreduction shall be to an amount which, when added to the amount earned\nor earnable by him or her in such position, shall not exceed his or her\nfinal salary. A disability beneficiary restored to active service shall\nnot be eligible to membership in the police and fire retirement system\nso long as he or she receives any pension, including the\npension-providing-for-increased-take-home-pay.\n  d. In the event that a disability beneficiary is restored to active\nservice of an employer, at a salary equal to or in excess of his or her\nfinal salary, his or her retirement allowance shall cease. Such person\nthereupon again shall become a member of the police and fire retirement\nsystem. He or she thereafter shall contribute to the police and fire\nretirement system in the same manner as and at the same rate that he or\nshe paid prior to his or her disability retirement. The total service\ncredit, to which he or she was entitled at the time of such retirement,\nagain shall be credited to him or her. Upon his or her subsequent\nretirement, he or she shall be credited, in addition, with all member\nservice earned by him or her subsequent to his or her last restoration\nto membership.\n  e. In the event that a disability retiree is restored to active\nservice of an employer, at a salary less than his or her final salary\nbut equal to or in excess of the current minimum salary for the position\nfrom which he or she was last retired for disability, such person, if he\nor she so elects, shall again become a member of the police and fire\nretirement system and his or her retirement allowance shall cease. He or\nshe thereafter shall contribute to the police and fire retirement system\nin the same manner as and at the same rate that he or she paid prior to\nhis or her disability retirement. The total service credit, to which he\nor she was entitled at the time of such retirement, again shall be\ncredited to him or her. Upon his subsequent retirement, he or she shall\nbe credited, in addition, with all member service earned by him or her\nsubsequent to his or her last restoration to membership.\n  f. In the case of members who have changed plans prior to the\neffective date of this subdivision, the plan providing the earliest\nminimum age or period of service shall be applied.\n  f-1. Notwithstanding any other provision of this section or any other\nprovision of law, a retiree of any New York state police or fire\nretirement system on a disability allowance who returns to gainful\nemployment as an elected public official shall continue to receive the\nfull amount of his or her retirement allowance, including the\npension-providing-for-increased-take-home-pay.\n  g. Notwithstanding any other provision of this article, the term\n"final salary", as used in this section, shall mean the maximum salary\nor compensation which the retired member currently would be receiving in\nthe position next higher from which he was last retired for disability,\nif he had not been so retired, provided, however, that if the position\nfrom which he was so retired has been abolished, the comptroller, upon\nthe basis of salary or compensation currently paid by the retired\nmember's last employer to persons in similar or comparable positions,\nshall determine, for the purposes of this section, the maximum amount of\nsalary or compensation which such retired member currently would be\nreceiving in such position.\n
N.Y. PBA Law § 1975 — New York Code / Act PBA / Article 8 / Title 12 / Section 1975
Moneys of the authority
Status: in_force

§ 1975. Moneys of the authority. 1. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in a bank or banks in the state\ndesignated by the authority. The moneys in such accounts shall be paid\nby the treasurer or other agent duly designated by the authority on\nrequisition of the chairman of the authority or of such other person or\npersons as the authority may authorize to make such requisitions.  All\ndeposits of such moneys, shall, if required by the authority, be secured\nby obligations of the United States or of the state of New York of a\nmarket value equal at all times to the amount of the deposit and all\nbanks and trust companies are authorized to give such security for such\ndeposits. The obligations shall either be deposited with the treasurer\nor be held by a trustee or agent satisfactory to the authority. The\ncomptroller and his legally authorized representatives are authorized\nand empowered from time to time to examine the accounts and books of the\nauthority, including its receipts, disbursements, contracts, leases,\nsinking funds, investments and any other records and papers relating to\nits financial standing.\n  2. Notwithstanding any provision of law to the contrary, the authority\nis hereby authorized to contribute two hundred million dollars to the\nstate treasury to the credit of the general fund.\n  3. Any moneys of the authority, including the proceeds of bonds or\nnotes, not required for immediate use may, at the discretion of the\nauthority be invested in obligations of the state or of the United\nStates of America or obligations the principal of and interest on which\nare guaranteed by the state or the United States of America, or in any\nother obligations in which the comptroller of the state of New York is\nauthorized to invest pursuant to section ninety-eight of the state\nfinance law.\n  4. The authority shall have power to contract with holders of any of\nits bonds or notes, as to the custody, collection, securing, investment,\nand payment of any moneys of the authority, of any moneys held in trust\nor otherwise for the payment of bonds or notes, and to carry out such\ncontract. Moneys held in trust or otherwise for the payment of bonds or\nnotes or in any way to secure bonds or notes and deposits of such moneys\nmay be secured in the same manner as moneys of the authority, and all\nbanks and trust companies are authorized to give such security for such\ndeposits.\n  5. Subject to the provisions of any contract with bondholders or\nnoteholders and to the approval of the comptroller, the authority shall\nprescribe a system of accounts.\n
N.Y. ENV Law § 71-1205 — New York Code / Act ENV / Article 71 / Title 12 / Section 71-1205
Enforcement
Status: in_force

§ 71-1205. Enforcement.\n  1. The attorney general shall, at the request of the commissioner, or\nmay, on his own initiative, seek equitable relief to restrain any\nviolation or threatened violation of article twenty-two of this chapter.\n  2. The attorney general shall, at the request of the commissioner, or\nmay, on his own initiative, commence a civil action to recover damages,\nincluding punitive damages, for any willful, reckless or negligent\nviolation of the provisions of such article suffered by reason of a\nviolation thereof. The costs including but not limited to filing fees\nand costs for expert witnesses incurred by the attorney general in\nprosecuting any such action shall be assessed against any person who\nviolates such provisions.\n
N.Y. PBA Law § 2986 — New York Code / Act PBA / Article 9 / Title 12 / Section 2986
Whistleblower access and assistance program
Status: in_force

§ 2986. Whistleblower access and assistance program. 1. Definitions.\na. "Employees of state and local authorities" means those persons\nemployed at state and local authorities, including but not limited to:\nfull-time and part-time employees, those employees on probation, and\ntemporary employees.\n  b. "Attorney general" shall mean the attorney general of the state of\nNew York.\n  c. "Whistleblower" shall mean any employee of a state or local\nauthority who discloses information concerning acts of wrongdoing,\nmisconduct, malfeasance, or other inappropriate behavior by an employee\nor board member of the authority, concerning the authority's\ninvestments, travel, acquisition of real or personal property, the\ndisposition of real or personal property and the procurement of goods\nand services.\n  2. The director of the authorities budget office, after consultation\nwith the attorney general, shall develop and recommend to the\nlegislature a whistleblower access and assistance program which shall\ninclude, but not be limited to:\n  a. evaluating and commenting on whistleblower programs and policies by\nstate and local authorities pursuant to paragraph (e) of subdivision one\nof section twenty-eight hundred twenty-four of this article;\n  b. establishing toll-free telephone and facsimile lines available to\nemployees at state and local authorities;\n  c. offering advice regarding employee rights under applicable state\nand federal laws and advice and options available to all persons; and\n  d. offering an opportunity for employees of state and local\nauthorities to identify concerns regarding any issue at a state or local\nauthority.\n  3. Any communications between an employee and the authorities budget\noffice pursuant to this section shall be held strictly confidential by\nthe authorities budget office, unless the employee specifically waives\nin writing the right to confidentiality, except that such\nconfidentiality shall not exempt the authorities budget office from\ndisclosing such information, where appropriate, to the state inspector\ngeneral in accordance with section fifty-five of the executive law, or\nprevent disclosure to any law enforcement authority.\n
N.Y. LFN Law § 169.00 — New York Code / Act LFN / Article 2 / Title 12 / Section 169.00
Installment loans and obligations evidencing installment loans
Status: in_force

* § 169.00 Installment loans and obligations evidencing installment\nloans. a. Notwithstanding the provisions of any other law, general,\nspecial or local, inconsistent with this section, relating to the power\nof municipalities to enter into contracts and to contract indebtedness,\nthe finance board of any municipality selling bonds or notes at private\nsale to the New York state environmental facilities corporation in order\nto obtain financial assistance pursuant to section twelve hundred\neighty-five-j or twelve hundred eighty-five-m of the public authorities\nlaw is hereby authorized and empowered to contract with such corporation\nto receive from time to time advances of a loan up to a stated maximum\nprincipal sum and to issue to such corporation, in order to evidence the\nobligation of such municipality to repay such advances, its bonds or\nnotes in the form and in the manner provided by this section. Any such\nbond or note may provide that the municipality issuing such bond or note\nshall pay to such corporation or its assigns the stated maximum\nprincipal sum or, if less, the aggregate principal amount of the\nadvances of the corresponding loan made to such municipality by the\ncorporation. The principal amounts of advances and the timing and manner\nof the payment and repayment of such advances and the interest rate\napplicable to such advances may be provided for in the related contract\nor loan agreement or in any obligations evidencing such loan advances.\n  b. Any obligation issued by a municipality pursuant to this section\nshall be deemed indebtedness of such municipality (i) only as of the\ndate and to the extent that the corporation makes or has made each loan\nadvance available to such municipality and (ii) only in the amount of\neach such loan advance. Any such advance shall be considered a separate\nborrowing for purposes of determining compliance with the constitution\nand laws of the state.\n  c. Any obligation issued by a municipality pursuant to this section\nshall provide for the payment of principal and interest without\npresentation.\n  d. The finance board, by resolution, may delegate its power to\ncontract and to issue indebtedness pursuant to this section to the chief\nfiscal officer of such municipality, in which event the chief fiscal\nofficer shall exercise such power until the finance board, by\nresolution, shall elect to resume the same.\n  e. On or before the first day of January, in any given year, beginning\non January first, nineteen hundred ninety-four, the president of the New\nYork state environmental facilities corporation shall submit to the\ndirector of the division of the budget, the chairperson of the senate\nfinance committee, the chairperson of the assembly ways and means\ncommittee, and the chairpersons of the senate and assembly committees on\nlocal government, a comprehensive report detailing the activities\nundertaken pursuant to this section, which shall include, at a minimum,\n(i) all project applicants; (ii) the amount of the state revolving fund\nbond or note for each project; (iii) the amount advanced; (iv) the\nrepayment terms and conditions; and (v) the interest rate savings to the\nproject applicant.\n  * NB Repealed September 30, 2026\n
N.Y. PBA Law § 1972 — New York Code / Act PBA / Article 8 / Title 12 / Section 1972
Definitions
Status: in_force

§ 1972. Definitions. As used in this title, the following words and\nphrases shall have the following meanings unless the context shall\nindicate another or different meaning or intent:\n  (1) "Authority". The corporate governmental agency created by section\nnineteen hundred seventy-three of this title.\n  (2) "Bonds" and "Notes". The bonds, notes and obligations issued by\nthe authority pursuant to this title.\n  (3) "City". The city of New York.\n  (4) "Comptroller". The comptroller of the State of New York.\n  (5) "Battery Park project area". All that portion of the City of New\nYork, County of New York, State of New York generally bounded by the\neasterly line of West Street, the northerly line of lot number 10 in\nblock 130 as shown on the tax maps of the City of New York, borough of\nManhattan, and its extensions easterly to West Street and westerly to\nthe United States pierhead line as now constituted, the said United\nStates pierhead line, the lands of Battery Park and the southerly line\nof Battery Place.\n  (6) "Project". One or more works or improvements including lands,\nbuildings, improvements, real, personal or mixed property or any\ninterest therein, acquired, owned, constructed, reconstructed,\nrehabilitated or improved by the authority, or caused to be acquired,\nowned, constructed, reconstructed, rehabilitated or improved by the\nauthority within the project area as defined herein, all as the\nauthority shall deem necessary, together with lands, buildings and\nimprovements outside the project area required for relocation of city\nfacilities and for vehicular and pedestrian access roads, rights of way,\nutility and other easements to and from the project area all as the\nauthority shall deem necessary and as shall be determined by agreement\nwith the city.\n  (7) "Project cost". The sum total of all costs incurred by the\nauthority in carrying out all works and undertakings which the authority\ndeems reasonable and necessary for the development of the project. These\nshall include but are not necessarily limited to the costs of all\nnecessary studies, surveys, plans and specifications, architectural,\nengineering or other special services, acquisition of land and any\nbuildings thereon, site preparation and development, construction,\nreconstruction, rehabilitation and improvement of the project area; the\nnecessary expenses incurred in connection with the initial occupancy of\nthe project; the administrative and operating expenses of the authority;\nthe cost of financing the project, including interest on bonds and notes\nissued by the authority to finance the project from the date thereof to\nthe date when the authority shall determine that the project be deemed\nsubstantially complete; the cost of other necessary items, including any\nindemnity and surety bonds and premiums on insurance, legal fees, fees\nand expenses of trustees, depositories and paying agents for the bonds\nand notes issued by the authority; relocation costs, all as the\nauthority shall deem necessary and the costs of acquisition and\nconstruction of lands, buildings and improvements outside the project\narea for relocation of city facilities whether such costs are incurred\nby the authority or by the city for and on behalf of the authority and\nfor vehicular and pedestrian access roads, rights of way, utility and\nother easements to and from the project area, all as the authority shall\ndeem necessary and as shall be determined by agreement with the city.\n  (8) "Real property". Lands, structures, improvements, franchises and\ninterests in land, including lands under water, waterfront property,\nmarginal streets and riparian rights, space rights and air rights and\nany and all other things and rights usually included within said term\nand any fixtures, equipment and article of personal property affixed to\nor used in connection therewith. Real property shall also mean and\ninclude any and all interests in such property less than full title,\nsuch as easements, incorporeal hereditaments and every estate, interest\nor right, legal or equitable, including terms for years and liens\nthereon by way of judgments, mortgages or otherwise, and also all claims\nfor damages for such real estate.\n  (9) "State". The state of New York.\n  (10) "State agency". Any officer, board, department, commission,\nbureau, division, public corporation, agency or instrumentality of the\nstate.\n  (11) "Subsidiary". A corporation created pursuant to section nineteen\nhundred seventy-four-a of this title.\n  (12) "Residential housing facilities". One or more works or\nimprovements containing one or more residential dwelling units,\nincluding, but not limited to, single room occupancy units, and\nincluding the real and personal property acquired, owned, constructed,\nequipped, improved, enlarged, rehabilitated or renovated to provide such\naccommodations and such incidental and appurtenant commercial, social,\nrecreational or communal facilities, to be located without the Battery\nPark project area and within the city.\n  (13) "Excess revenues". All revenues from the Battery Park project\narea in excess of those needed (i) to satisfy bond and note covenants\n(other than as they relate to bonds and notes issued pursuant to section\nnineteen hundred seventy-four-c of this title and section six hundred\nfifty-four-c of the private housing finance law) including those\ncovenants which require that the authority maintain its revenues and\nreserve funds in an amount necessary to permit it to discharge its debt\nservice obligations, (ii) to fulfill its legal and financial\ncommitments, and (iii) to pay its operating and maintenance expenses.\n  (14) "Housing New York program". The housing New York program\nestablished by section four of the housing New York program act.\n  (15) "Housing New York corporation". The subsidiary corporation of the\nNew York city housing development corporation created by section six\nhundred fifty-four-c of the private housing finance law.\n
N.Y. LFN Law § 168.00 — New York Code / Act LFN / Article 2 / Title 12 / Section 168.00
Agreements for credit enhancement
Status: in_force

§ 168.00 Agreements for credit enhancement. a. The finance board of\nany municipality, school district or district corporation (herein a\n"public body") is hereby authorized and empowered to enter into such\nagreements as it deems reasonable and appropriate, with any department\nor agency of the United States of America, the state, or any other\nfinancially responsible party, to facilitate the issuance, sale, resale\nand payment of bonds, notes, or other evidences of indebtedness of such\npublic body, including, but not limited to letters of credit, lines of\ncredit, revolving credit, bond insurance or other credit enhancements.\nSuch agreements may provide for (i) the advance or advances of funds on\nbehalf of such public body to pay the interest on and principal and\npremium of bonds, notes or other evidences of indebtedness of such\npublic body on their date or dates of maturity or redemption or when\ninterest is otherwise due, and (ii) the reimbursement of such advance or\nadvances by such public body.\n  b. Such agreements may be executed on or before the date of issuance\nof the obligations to be paid pursuant thereto, provided, however, that\nany reimbursement obligation of such public body arising from such\nagreements shall be deemed indebtedness of such public body (i) only as\nof the date that the corresponding advance is made pursuant to paragraph\na of this section, and (ii) only in the amount of the advance made\npursuant to such paragraph. Such agreements may include a pledge by such\npublic body of its faith and credit for the payment of principal of and\ninterest on any indebtedness deemed to be contracted as set forth in\nthis paragraph, and may provide that any such indebtedness arising from\na reimbursement obligation contracted pursuant to this section shall be\npaid in accordance with the terms of such agreement. Such indebtedness\nshall be excluded in ascertaining the power of such public body to\ncontract indebtedness pursuant to title eight and title nine of this\narticle. Such agreements shall also include such terms and conditions as\nthe finance board shall deem appropriate, including provisions for the\npayment of reasonable fees and expenses by such public body in return\nfor a commitment to advance funds pursuant to such agreement. Such fees\nand expenses shall be deemed part of the cost of the object or purpose\nin connection with which they are incurred.\n  c. Prior to procurement of any credit or liquidity enhancements, such\npublic body shall, to the extent practicable:\n  (1) consider the ability of the credit or liquidity enhancement\nprovider to make required payments as and when due under the terms of\nthe appropriate governing instruments;\n  (2) consider the business reputation of the credit or liquidity\nenhancement provider;\n  (3) consider the maximum term of the credit or liquidity enhancement\nrelative to the maturity of the bonds, notes or other obligations being\ncredit or liquidity enhanced;\n  (4) provide for the right of substitution for the credit or liquidity\nenhancement provider in all agreements, including a provision permitting\nsuch substitution when the rating of the credit or liquidity enhancement\nprovider falls below the probable credit rating of the issue without\nconsidering the credit or liquidity enhancer; and\n  (5) consider the cost of the credit or liquidity enhancement relative\nto the savings or other benefit likely to be achieved through the\nutilization of the credit or liquidity enhancement.\n  d. Where the credit or liquidity enhancement procured is an\nirrevocable letter of credit or an acquisition arrangement with a\nbanking organization, such instrument shall be:\n  (1) issued or confirmed by a bank holding company or its direct\nsubsidiaries, a federally chartered bank or its subsidiaries, or a state\nchartered bank or its subsidiaries, licensed or authorized to do\nbusiness in this state or\n  (2) issued or confirmed by an agency or branch of a foreign banking\ninstitution licensed to do business in this state with total worldwide\nassets in excess of five billion dollars.\n  e. Any such issuing banking organization referred to in paragraph d of\nthis section shall meet the regulatory guidelines for capital adequacy\nas promulgated by the appropriate federal banking agency as defined in\nthe Federal Deposit Insurance Act, 12 U.S.C. 1813(q).\n  f. (1) Where the credit or liquidity enhancement procured is provided\nby an insurance company, such insurer shall be licensed to write\nfinancial guarantee insurance in this state.\n  (2) Where the credit or liquidity enhancement procured is from other\nthan an entity described in paragraph d of this section or subdivision\none of this paragraph, the provider shall be a financially responsible\nparty, incorporated or authorized to do business in this state and\nhaving total assets in excess of ten billion dollars.\n  g. The failure of a public body to comply with paragraphs c through f\nof this section shall not invalidate or impair any credit or liquidity\nenhancement contract or instrument.\n  h. The finance board may, by resolution, delegate its authority under\nthis section to the chief fiscal officer of such public body in which\nevent the chief fiscal officer shall exercise such power until the\nfinance board, by resolution, shall elect to reassume the same.\n
N.Y. ENV Law § 33-1201 — New York Code / Act ENV / Article 33 / Title 12 / Section 33-1201
Pesticide sales and use computer data base
Status: in_force

§ 33-1201. Pesticide sales and use computer data base.\n  1. a. The department shall develop a pesticide sales and use computer\ndata base. The data base shall be maintained at the department.\n  b. Such data base shall consist of all information compiled from\nreports submitted to the department pursuant to sections 33-1205 and\n33-1207 of this title. Such reports shall be entered into and maintained\non a computerized data base and shall be updated annually. Information\nobtained for and contained in the data base shall be accessible by\ninterested parties only to the extent permitted pursuant to the\nprovisions of subdivision two of this section and paragraph a of\nsubdivision 1 of section 33-1203 of this title.\n  2. The commissioner shall prepare an annual report summarizing\npesticide sales, quantity of pesticides used, category of applicator and\nregion of application. Pesticide data shall be compiled and reported by\nboth EPA registration number and by active ingredient. The commissioner\nshall not provide the name, address, or any other information which\nwould otherwise identify a commercial or private applicator, or any\nperson who sells or offers for sale restricted use or general use\npesticides to a private applicator, or any person who received the\nservices of a commercial applicator. In accordance with article six of\nthe public officers law, proprietary information contained within such\nrecord, including price charged per product, shall not be disclosed. The\nreport shall be posted on the department's website annually by December\nthirty-first and be submitted to the governor, the temporary president\nof the senate and the speaker of the assembly.\n
N.Y. PBA Law § 1979 — New York Code / Act PBA / Article 8 / Title 12 / Section 1979
State and city not liable on bonds and notes
Status: in_force

§ 1979. State and city not liable on bonds and notes. The bonds, notes\nand other obligations of the authority shall not be a debt of the state\nof New York or of the city, and neither the state nor the city shall be\nliable thereon, nor shall they be payable out of any funds other than\nthose of the authority.\n
N.Y. PBA Law § 1285-C — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-C
Construction, operation and maintenance of industrial hazardous waste treatment, storage and disposal facilities
Status: in_force

§ 1285-c. Construction, operation and maintenance of industrial\nhazardous waste treatment, storage and disposal facilities. In addition\nto its existing powers, the corporation is hereby empowered to\nconstruct, operate and maintain industrial hazardous waste treatment,\nstorage and disposal facilities, including plants, works,\ninstrumentalities, or parts thereof, and appurtenances thereto for the\ncollection, conveyance, treatment, exchange and disposal of hazardous\nwastes provided such a facility receives a certificate of environmental\nsafety and public necessity as provided in title eleven of article\ntwenty-seven of the environmental conservation law and is located on\nlands in a municipality where such industrial uses are permitted. The\ncorporation may subcontract for the construction or operation of such\nfacility.\n
N.Y. VAT Law § 3004 — New York Code / Act VAT / Title 12 / Article 49 / Section 3004
Constitutionality
Status: in_force

§ 3004. Constitutionality.  If any part or parts of this chapter shall\nbe held to be unconstitutional, such unconstitutionality shall not\naffect the validity of the remaining parts of this chapter. The\nlegislature hereby declares that it would have passed the remaining\nparts of this chapter if it had known that such part or parts thereof\nwould be declared unconstitutional.\n
N.Y. RSS Law § 110-A — New York Code / Act RSS / Article 2 / Title 12 / Section 110-A
Deduction of group plan insurance or medicare premiums from benefits
Status: in_force

§ 110-a. Deduction of group plan insurance or medicare premiums from\nbenefits.  Notwithstanding anything to the contrary contained in section\none hundred ten of this act, the comptroller is hereby authorized to\ndeduct from the retirement allowance of any retired member, such amount\nas the retired member may specify in writing filed with the comptroller\nfor the payment of any insurance premiums written on the group plan,\ncovering only such insurance in which the employer as defined in section\ntwo of this act contributes, and to transmit the sums so deducted to the\ncompany carrying such insurance or its authorized represenative. The\ncomptroller is further authorized to deduct from the retirement\nallowance of any retired member such amount as the retired member may\nspecify in writing filed with the comptroller for the payment of any\ninsurance premiums due for medicare, and to transmit the sums so\ndeducted to the agency for the federal government authorized to\nadminister the medicare program. Any such written authorization may be\nwithdrawn by such retired member at any time upon filing notice of such\nwithdrawal with the comptroller.\n
N.Y. RSS Law § 112 — New York Code / Act RSS / Article 2 / Title 12 / Section 112
Limitation of other statutes
Status: in_force

§ 112. Limitation of other statutes.  a. No other provision of law in\nany other statute which provides wholly or partly at the expense of the\nstate or of a participating employer for pensions, retirement benefits,\nemoluments or awards for employees in government service, their widows\nor other dependents, shall apply to members or beneficiaries of the\nretirement system continued by this article, their widows or other\ndependents.\n  b. This article shall not:\n  1. Prevent a person whose salary is paid from two or more sources,\neach entitling him to membership in a retirement system, from being a\nmember in all such systems, or\n  2. Supersede or make inoperative the provisions of section two hundred\ntwenty-seven of the executive law in so far as they apply to an officer\nor employee in the division of state police of the executive department\nwho is a member of the retirement system.\n  3. Supersede or make inoperative the provisions of sections\ntwenty-five or twenty-five-a of the judiciary law in reference to a\njudicial officer retired from office for disability.\n  4. Prevent the extension of old-age and survivors insurance coverage\nto members of the retirement system or the receipt of benefits therefrom\nby such members, their wives or widows or their other dependents.\n  5. Prevent a member of the state retirement system whose membership is\nauthorized by paragraph nine of subdivision c of section forty of this\narticle, from receiving, upon his subsequent retirement from the state\nretirement system, benefits based on service not included in that upon\nwhich his retirement or pension from another pension or retirement\nsystem is or would be based.\n  6. Prevent payment of a survivor's benefit, pursuant to section one\nhundred fifty-four of the civil service law, on account of the death of\na member of the retirement system.\n  c. The provisions of this article shall be operative, notwithstanding\nany contrary provision of law.\n
N.Y. RSS Law § 109-A — New York Code / Act RSS / Article 2 / Title 12 / Section 109-A
Abandonment of amounts payable to beneficiaries; payment to the pension accumulation fund
Status: in_force

§ 109-a. Abandonment of amounts payable to beneficiaries; payment to\nthe pension accumulation fund. a. After at least one year has elapsed\nsince a benefit has become payable to the beneficiary or estate of a\nretiree or member and such beneficiary or estate has failed to apply for\nand receive such benefit, the comptroller shall send a statement to the\nexecutor or administrator of the estate or to the designated beneficiary\nat his last known address setting forth the benefit payable and giving\nnotice to such person or persons that unless demand for payment of such\nbenefit is made prior to a date at least eighteen months from the date\nthe notice is given, said benefit will be deemed abandoned and will be\ntransferred to the pension accumulation fund.\n  b. After the expiration of at least one year from the date the notice\nis given, the comptroller shall publish in the state bulletin a list\nsetting forth the names of estates or beneficiaries having an unclaimed\namount in the retirement system. At the expiration of six months from\nthe date of publication of such list the amounts so listed unless\npreviously paid to claimant shall be deemed abandoned and shall be\nplaced in the pension accumulation fund to be used for the purpose of\nsaid fund.\n  c. Any amounts so deemed abandoned and transferred to the pension\naccumulation fund may be claimed by the executor or administrator of the\nestate or beneficiaries designated to receive such amount, by filing a\nclaim with the comptroller on such form and in such manner as be\nprescribed by the comptroller.  In the event such claim is properly made\nthe comptroller shall pay over to the estate or to the person or persons\nmaking such claim the amount without interest. The payment shall be made\nfrom the pension accumulation fund.\n
N.Y. PBA Law § 1973 — New York Code / Act PBA / Article 8 / Title 12 / Section 1973
Battery park city authority
Status: in_force

§ 1973. Battery park city authority. (1) There is hereby created the\nbattery park city authority which shall be a body corporate and politic,\nconstituting a public benefit corporation. Its membership shall consist\nof seven members to be appointed by the governor with the advice and\nconsent of the senate. One of the members first appointed shall serve\nfor a term ending four years from January first next succeeding his\nappointment; one of such members shall serve for a term ending five\nyears from such date; and one of such members shall serve for a term\nending six years from such date. Provided, however, that two board\nmembers first appointed on or after the effective date of chapter seven\nhundred sixty-six of the laws of two thousand five shall serve an\ninitial term of two years; provided further that two other board members\nfirst appointed on or after the effective date of chapter seven hundred\nsixty-six of the laws of two thousand five shall serve an initial term\nof four years. Their successors shall serve for terms of six years each.\nMembers shall continue in office until their successors have been\nappointed and qualified and the provisions of section thirty-nine of the\npublic officers law shall apply. In the event of a vacancy occurring in\nthe office of a member by death, resignation or otherwise, the governor\nshall appoint a successor with the advice and consent of the senate to\nserve for the balance of the unexpired term. After the effective date of\nthe chapter of the laws of two thousand seventeen that amended this\nsubdivision, if the membership of the corporation is such that less than\ntwo of the members are residents of Battery Park city as described by\nthe Battery Park project area defined by subdivision five of section\nnineteen hundred seventy-two of this title, any appointments made shall\nbe residents of Battery Park city. Appointments shall continue in such a\nmanner until two of the members of the corporation are residents of\nBattery Park city. Thereafter, two of the corporation's members shall be\nresidents of Battery Park city.\n  (1-a) All board members shall recuse themselves from matters pending\nbefore the board in the event of a conflict of interest, consistent with\nthe provisions of subdivision three of this section and subdivision two\nof section twenty-eight hundred twenty-five of this chapter, sections\nseventy-three and seventy-four of the public officers law, and relevant\nauthorities budget office guidance.\n  (1-b) All board members appointed under the provisions of this section\nshall have relevant real estate, corporate board, financial, legal,\nurban planning and/or design, architectural, governmental or security\nexperience.\n  (2) The members shall elect the chairman of the authority from among\ntheir number. The members shall serve without salary or other\ncompensation, but each member shall be entitled to reimbursement for\nactual and necessary expenses incurred in the performance of his or her\nofficial duties. Anything to the contrary contained herein\nnotwithstanding, any member who serves as an employee of the authority\nshall be entitled to receive such salary as the members may determine\nfor services as such employee.\n  (3) Such members other than those serving as employees of the\nauthority may engage in private employment, or in a profession or\nbusiness. The authority, its members, officers and employees shall be\nsubject to the provisions of sections seventy-three and seventy-four of\nthe public officers law.\n  (4) Notwithstanding any inconsistent provision of law, general,\nspecial or local, no officer of the state or of any civil division\nthereof shall be deemed to have forfeited or shall forfeit his office or\nemployment by reason of his acceptance of membership on the authority\ncreated by this section.\n  (5) The governor may remove any member for inefficiency, neglect of\nduty or misconduct in office after giving him a copy of the charges\nagainst him and an opportunity to be heard, in person or by counsel, in\nhis defense, upon not less than ten days notice. If any such member\nshall be removed, the governor shall file in the office of the\ndepartment of state a complete statement of the charges made against\nsuch member and his findings thereon, together with a complete record of\nthe proceedings.\n  (6) The authority in its corporate existence shall continue until\nterminated by law, provided, however, that no such law shall take effect\nso long as the authority shall have bonds, notes and other obligations\noutstanding, unless adequate provision has been made for the payment\nthereof in the documents securing the same. Upon termination of the\nexistence of the authority, all its rights and properties shall vest in\nthe state.\n  (7) A majority of the members of the authority shall constitute a\nquorum for the transaction of any business or the exercise of any power\nor function of the authority. The authority may delegate to one or more\nof its members, or to its officers, agents or employees, such powers and\nduties as it may deem proper.\n
N.Y. VAT Law § 3010 — New York Code / Act VAT / Title 12 / Article 50 / Section 3010
Commissioner and bureau of motor vehicles continued
Status: in_force

§ 3010. Commissioner and bureau of motor vehicles continued.  The\nrepeal by this chapter of the vehicle and traffic law as heretofore in\nforce and effect and the enactment of the provisions of this chapter\nshall not be deemed or construed as operating to create a new office of\ncommissioner of motor vehicles or a new bureau of motor vehicles, but\nshall be deemed and held to constitute a continuance of such office and\nbureau. The present commissioner of motor vehicles shall continue in\noffice until his successor shall have been duly appointed and has\nqualified and the organization of the present bureau of motor vehicles\nshall continue as the bureau of motor vehicles in the department of\ntaxation and finance until changed pursuant to law.\n
N.Y. PBA Law § 1289 — New York Code / Act PBA / Article 5 / Title 12 / Section 1289
Transfer of officers and employees
Status: in_force

§ 1289. Transfer of officers and employees. Officers and employees of\nstate departments and agencies may be transferred to the corporation and\nofficers and employees of the corporation may be transferred to state\ndepartments and agencies without examination and without loss of any\ncivil service status or rights. No such transfer may, however, be made\nexcept with the approval of the head of the state department or division\ninvolved, the director of the budget and the chief executive officer of\nthe corporation, and in compliance with the rules and regulations of the\ncivil service commission of the state.\n
N.Y. PBA Law § 1294 — New York Code / Act PBA / Article 5 / Title 12 / Section 1294
Remedies of noteholders and bondholders
Status: in_force

§ 1294. Remedies of noteholders and bondholders. 1. In the event that\nthe corporation shall default in the payment of principal of or interest\non any issue of notes or bonds after the same shall become due, whether\non any sinking fund payment date, at maturity or upon call for\nredemption, and such default shall continue for a period of thirty days,\nor in the event that the corporation shall fail or refuse to comply with\nthe provisions of this title or shall default in any agreement made with\nthe holders of any issue of notes or bonds, the holders of twenty-five\nper centum in aggregate principal amount of the notes or bonds of such\nissue then outstanding, by instrument or instruments filed in the office\nof the clerk of the county of Albany and proved or acknowledged in the\nsame manner as a deed to be recorded, may appoint a trustee to represent\nthe holders of such notes or bonds for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such notes or bonds then\noutstanding shall, in his or its own name;\n  (a) by suit, action or proceeding in accordance with the civil\npractice law and rules, enforce all rights of the noteholders or\nbondholders, including the right to require the corporation to collect\nrentals, rates, charges and other fees and to collect interest and\namortization payments on municipal bonds and notes and bonds and notes\nof any state agency held by it adequate to carry out any agreement as\nto, or pledge of, such rentals, rates, charges and other fees and of\nsuch interest and amortization payments, and to require the corporation\nto carry out any other agreements with the holders of such notes or\nbonds and to perform its duties under this title;\n  (b) bring suit upon such notes or bonds;\n  (c) by action or suit, require the corporation to account as if it\nwere the trustee of an express trust for the holders of such notes or\nbonds;\n  (d) by action or suit, enjoin any acts or things which may be unlawful\nor in violation of the rights of the holders of such notes or bonds;\n  (e) declare all such notes or bonds due and payable, and if all\ndefaults shall be made good, then with the consent of the holders of\ntwenty-five per centum of the principal amount of such notes or bonds\nthen outstanding, to annul such declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders or noteholders in the enforcement and\nprotection of their rights.\n  4. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of such noteholders or bondholders.\nThe venue of any such suit, action or proceeding shall be laid in the\ncounty of Albany.\n  5. Before declaring the principal of notes or bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\ngovernor, to the corporation, to the comptroller and to the attorney\ngeneral of the state.\n
N.Y. SOS Law § 458-N — New York Code / Act SOS / Article 6 / Title 12 / Section 458-N
Funding for family support services programs
Status: in_force

§ 458-n. Funding for family support services programs. 1.\nNotwithstanding any other provision of law to the contrary, to the\nextent that funds are available for such purpose and specifically\nappropriated therefor, the office of children and family services shall\ndistribute funding to the highest need municipality which shall mean a\ncounty or a city with a population of one million or more to contract\nwith not-for-profit corporations to operate family support services\nprograms in accordance with the provisions of this title and the\nspecific program model requirements issued by the office.\n  2. Notwithstanding any other provision of law to the contrary, when\ndetermining the highest need municipality pursuant to this subdivision,\nthe office may consider factors that may include, but are not\nnecessarily limited to:\n  (a) the total amount of available funding and the amount of funding\nrequired for family support services programs to meet the objectives\noutlined in section four hundred fifty-eight-m of this title;\n  (b) relevant, available statistics regarding each municipality, a\ngroup of two or more municipalities that jointly seek to fund and\nadminister a family support services program in accordance with\nsubdivision four of this section which may include, but not necessarily\nbe limited to:\n  (i) the availability of services within such municipality to prevent\nor reduce detention or residential placement of youth pursuant to\narticle seven of the family court act; and\n  (ii) relative to the youth population of such municipality:\n  (1) the number of petitions filed pursuant to article seven of the\nfamily court act; or\n  (2) the number of placements of youth into residential care or\ndetention pursuant to article seven of the family court act as\napplicable, over the last five years;\n  (c) any reported performance outcomes reported to the office pursuant\nto subdivision three of this section for programs that previously\nreceived funding pursuant to this title; or\n  (d) other appropriate factors as determined by the office.\n  3. Municipalities receiving funding under this title shall report to\nthe office of children and family services, in the form and manner and\nat such times as determined by the office, on the performance outcomes\nof any family support service program located within such municipalities\nthat receives funding under this title.\n  4. Two or more eligible municipalities within a close geographic\nwithin a close geographic proximity to each other may enter into an\nagreement to jointly seek funding for and jointly administer family\nsupport services programs to service eligible youth and families within\nsuch municipalities in accordance with this section. Such agreements\nshall include provisions for the proportionate cost to be borne by each\nmunicipality and for the manner of employment of personnel and may\nprovide that a fiscal officer of one such municipality shall be the\ncustodian of the moneys made available for expenditure for such purposes\nby all such municipalities and that such fiscal officer may make\npayments therefrom upon audit of the appropriate auditing body or\nofficer of his or her municipality. In making claims for state aid\npursuant to section, each such municipality shall claim for its\nproportionate share of the total joint expenditures so made. However,\nwhere it is provided that there shall be a disbursing municipality, such\ndisbursing municipality shall claim for the total joint program\nexpenditures so made and shall disburse such state aid to each\nparticipating municipality based upon the proportionate share of\nexpenditures so made.\n  5. Notwithstanding the provisions of subdivisions two, three and four\nof this section, a municipality, consistent with its approved plan for\nsupervision and treatment services for juveniles program, may utilize\nany funding available to such municipality pursuant to section five\nhundred twenty-nine-b of the executive law to fund family support\nservices programs pursuant to this title.\n
N.Y. PBA Law § 1285-R — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-R
State beginning farmer program
Status: in_force

§ 1285-r. State beginning farmer program. 1. Notwithstanding the\nprovisions of any general or special law to the contrary, the\ncorporation shall undertake to provide financial assistance to beginning\nfarmers to purchase agricultural land, improvements and other\nagricultural property at or for any agricultural facility as set forth\nin this section.\n  2. For purposes of this section, and notwithstanding any provision of\nlaw to the contrary, as used in this section:\n  (a) "Agricultural facility" shall mean a facility used for the\nproduction for sale of crops, livestock and livestock products as those\nterms are defined in subdivision two of section three hundred one of the\nagriculture and markets law.\n  (b) "Beginning farmer" shall mean a person who engages in farming or\ndesires to engage in farming and who qualifies as a first time farmer\npursuant to 26 United States code section 147(c)(2).\n  (c) "Lender" shall mean any state or federally-chartered savings bank,\nsavings and loan association, state or federally chartered savings banks\nand savings and loan associations, farm credit system institution, or\nstate or federally chartered commercial banks or trust companies\nauthorized to do business in this state.\n  (d) "Project" shall mean the purchase of agricultural land,\nimprovements and other agricultural property at or for any agricultural\nfacility to be owned and operated by a beginning farmer.\n  3. The corporation is hereby authorized to enter into any contract,\nfinancing or loan agreement, or other instrument in connection with a\nloan made by a lender to a beginning farmer for a project.\n  4. In order to effectuate the purposes of this section, the\ncorporation may extend credit to or on behalf of a beginning farmer for\nthe construction or acquisition of a project, or for the reimbursement\nfor costs incurred by a beginning farmer in connection with a project,\nprovided such beginning farmer has received a commitment to receive from\na lender a loan or other financial assistance acceptable to the\ncorporation. In the exercise of the powers granted in this section in\nconnection with a project for a beginning farmer, the corporation may\nrequire the inclusion in any contract, loan agreement or other\ninstrument of such provisions for the financing of such project and such\nother financial and other covenants as may apply to such beginning\nfarmers as the corporation may deem desirable and/or appropriate and to\ndo all things necessary to execute any instrument in connection and\ndesirable with such financing.\n  5. In connection with the issuance of any bond or note issued in\nconnection with or for the beginning farmer program, the corporation may\nfix and collect any fees and charges, including but not limited to\nreimbursement of all costs of financing incurred by the corporation, as\nthe corporation shall determine to be reasonable.\n  6. In connection with the extension of credit and the issuance of a\nbond or note for the construction or acquisition of a project as\nprovided in this section, a beginning farmer shall submit to the\ncorporation an application for the extension of credit or a loan. The\ncorporation may deny such application for any reason it deems\nappropriate in the public interest.\n  7. Any bonds or notes issued to finance the provisions of this section\nshall be special limited obligations of the corporation payable solely\nout of the revenue derived from any loan or finance agreement, debt\nobligation or sales contract, collateral or other property received in\nconnection with the beginning farmer program. All assets and liabilities\ncreated through the issuance of bonds or notes under this section shall\nbe separate from all other assets and liabilities of the corporation.\nThe corporation shall have no moral or legal obligation or liability to\nany beginning farmer or other person under this section except as\nexpressly provided by written contract. No funds in the beginning farmer\nprogram may be commingled with any other funds of the corporation.\n  8. (a) The corporation shall promulgate regulations, developed in\nconsultation with the commissioner of agriculture and markets, for the\npurpose of carrying out its responsibilities under this section,\nincluding establishing the criteria and standards for evaluating the\nproject to be financed and the eligibility of the beginning farmer.\n  (b) The corporation shall consult with the commissioner of agriculture\nand markets regarding promotion of the program and agriculturally\nrelated questions regarding the program or applications.\n
N.Y. PBA Law § 1296 — New York Code / Act PBA / Article 5 / Title 12 / Section 1296
Exemption from taxation; payments in lieu of taxes
Status: in_force

§ 1296. Exemption from taxation; payments in lieu of taxes. It is\nhereby found, determined and declared that the creation of the\ncorporation and the carrying out of its purposes is in all respects for\nthe benefit of the people of the state of New York and for the\nimprovement of their health, welfare and prosperity and is a public\npurpose, and that the corporation will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title. 1. Real property owned by the corporation shall be exempt\nfrom taxation, special ad valorem levies and special assessments.\n  2. Real property owned by the corporation (1) used for or in\nconnection with any project or projects, (2) which is located outside\nthe boundaries of the contracting municipality or municipalities, and\n(3) which was subject to taxation, special ad valorem levies, or special\nassessments on the latest assessment roll finally completed, verified\nand filed preceding the date of acquisition thereof by the corporation\nshall be subject to payments in lieu of taxes, special ad valorem levies\nand special assessments by the corporation in accordance with the\nprovisions of this section.\n  3. The in lieu payments shall be computed and determined annually by\nthe commissioner of taxation and finance as follows:\n  (a) determine the full value of such property as of the applicable\ntaxable status date for the assessment role for which in lieu payments\nare being computed;\n  (b) determine the full value of such property as of such taxable\nstatus date attributable to improvements constructed or reconstructed by\nthe corporation;\n  (c) deduct item (b) from item (a);\n  (d) multiply the full value determined in item (c) by the ratio of\nassessed value to full value of other property on the same assessment\nroll;\n  (e) the result determined in item (d) shall be the approved assessed\nvaluation for such property. The determinations of the full value and\nthe ratio of assessed value to full value shall be determined by the\ncommissioner.\n  4. Application for an approved assessed valuation shall be made by the\nassessor of the assessing unit within which such property is located.\nApplication shall be made as soon as practicable after acquisition of\nsuch property by the corporation. The application shall be made on a\nform approved by the commissioner of taxation and finance and shall\ncontain such information as such commissioner shall require.\n  5. Upon approval of such application by the commissioner the\ncommissioner shall certify such approved assessed valuation to the\nassessing unit and to the corporation. The approved assessed valuation\nshall be entered by the assessor or other local official on the\nassessment roll with the notation that such property is exempt from\ntaxation, special ad valorem levies and special assessments but\nqualifies for payments in lieu of taxes, special ad valorem levies and\nspecial assessments pursuant to this section. The approved assessed\nvaluation shall be treated for all purposes as taxable assessed\nvaluation and taxable full valuation on the assessment roll for which it\nis made. Amounts shall be extended against such approved assessed\nvaluation in the same manner and at the same time as taxes, special ad\nvalorem levies or special assessments are extended against taxable\nproperty. The appropriate collecting officer shall transmit a statement\nof the amounts computed as payable as in lieu of taxes, special ad\nvalorem levies and special assessments to the corporation. The\nprovisions of any general or special law relating to the collection and\nenforcement of taxes shall not be applicable to property subject to the\nprovisions of this section.\n  6. The terms "taxation," "special ad valorem levies," "special\nassessments" and "assessing unit" shall have the same meanings as set\nforth in section one hundred two of the real property tax law.\n  7. Notwithstanding any provision to the contrary in this section, in\nview of the costs of governmental services being provided by public\ncorporations, as defined in the general corporation law, the corporation\nmay pay or may enter into agreements with any public corporation to pay,\na sum or sums, annually or otherwise, or to provide other considerations\nto such public corporation with respect to real property owned by the\ncorporation within the boundaries of such public corporation and used\nfor any project or projects.\n  8. The corporation shall be required to pay no fees or taxes, whether\nstate or local, including but not limited to fees or taxes on real\nestate, franchise taxes, sales taxes or other excise taxes, upon any of\nits property, real or personal, or upon the use thereof, or upon its\nactivities in the operation and maintenance of its facilities or on any\nrentals, rates, charges or other fees, revenues or other income received\nby the corporation and that the bonds and notes of the corporation and\nthe income therefrom shall at all times be exempt from taxation, except\nfor gift and estate taxes and taxes on transfers. Nothing contained in\nthis subdivision shall affect the obligation imposed by this section on\nthe corporation to make in lieu payments.\n  9. This section shall constitute a covenant and agreement with the\nholders of all bonds and notes issued by the corporation.\n
N.Y. RSS Law § 110-B — New York Code / Act RSS / Article 2 / Title 12 / Section 110-B
Deduction of dues and insurance premiums from benefits of certain retired members
Status: in_force

§ 110-b. Deduction of dues and insurance premiums from benefits of\ncertain retired members. Notwithstanding any other provision of law to\nthe contrary and subject to the provisions of a collective negotiating\nagreement between the state and an employee organization representing\nemployees whose positions are in collective negotiating units designed\nas the administrative services unit, operational services unit,\ninstitutional services unit or division of military and naval affairs\nunit established pursuant to article fourteen of the civil service law,\nthe comptroller is hereby authorized to deduct from the retirement\nallowance of any retired member of such negotiating units who retired on\nor after January first, nineteen hundred eighty-seven an amount of\nmembership dues as the retired member may specify in writing filed with\nthe comptroller for the payment of such employee organization membership\ndues and premiums for employee organization sponsored group insurance\nplans. Any such written authorization may be withdrawn by such retired\nmember at any time upon filing written notice of such withdrawal with\nthe comptroller. Notwithstanding the foregoing provisions of this\nsection, the employee organization certified, pursuant to article\nfourteen of the civil service law, to represent the collective\nnegotiating unit from which the member retired shall have exclusive\npayroll deduction of membership dues and premiums for insurance and\nmass-merchandized automobile and homeowners' insurance policies for\nretired members of such collective negotiating unit. Deductions for such\ndues and premiums shall not be authorized for any other employee\norganization or group except by express written approval of such\nappropriate certified employee organization. Notwithstanding any other\nprovision of law to the contrary, a retired member shall have the right,\nat any time after his or her retirement, to execute and file a deduction\nauthorization card with the retirement system authorizing the payment of\nvoluntary contributions to the political committee, as defined in\nsection 14-100 of the election law, of such member's employee\norganization, provided such organization is certified or recognized\npursuant to article fourteen of the civil service law as the\nrepresentative of all employees in the negotiation unit in which such\nmember was then employed. Such authorization shall continue in effect\nuntil revoked in writing by such member. The comptroller shall determine\nthe cost of administering deductions for voluntary contributions to the\npolitical committee and the cost incurred by the retirement system in\nadministering such contributions shall be paid from the funds of the\npolitical committee.\n
N.Y. LFN Law § 160.00 — New York Code / Act LFN / Article 2 / Title 12 / Section 160.00
Action by finance board
Status: in_force

§ 160.00 Action by finance board.  Whenever in this chapter the\nfinance board is empowered or required to act, and no proportion of\nvoting strength for such action is prescribed, such action shall be\ntaken by at least a majority vote of the voting strength of such finance\nboard.\n
N.Y. VAT Law § 3011 — New York Code / Act VAT / Title 12 / Article 50 / Section 3011
Reference to highway law
Status: in_force

§ 3011. Reference to highway law.  The reference by any law, general\nor special, to any section of articles eleven or eleven-a of the highway\nlaw shall be deemed a reference to the corresponding section of the\nvehicle and traffic law as modified or changed by this chapter.\n
N.Y. RSS Law § 113-A — New York Code / Act RSS / Article 2 / Title 12 / Section 113-A
Suspension of state and local provisions requiring termination of service or retirement on account of age
Status: in_force

§ 113-a. Suspension of state and local provisions requiring\ntermination of service or retirement on account of age.  In the case of\npersons who have not attained eligibility for the payment of benefits\nunder the federal old-age and survivors insurance law, the provisions of\nany general, special or local law, city or village charter, ordinance,\nresolution, rule or regulation relating to employment by the state or a\nmunicipality or to membership in any public pension or retirement system\nmaintained by any of them which require or authorize the termination of\nservice or retirement of any public employee or member of any such\nsystem, without his application or consent, on account of his attaining\nage of compulsory retirement, are hereby suspended so that terminations\nof service or retirements thereunder may not be required to become\neffective until such eligibility for the payment of benefits under the\nfederal old-age and survivors insurance law has been attained or before\nJune thirtieth, nineteen hundred fifty-nine or, in the case of members\nof the New York city teachers' retirement system, before August\nthirty-first, nineteen hundred fifty-nine, whichever shall first occur.\n  This section shall not apply to any officer appointed for a fixed term\nor serving at the pleasure of an appointing officer or body provided\nhowever, that the appointing officer or body, for the purposes of and\nwithin the limitations of this section, shall have power to extend the\nservice of any such officer for any period ending not later than June\nthirtieth, nineteen hundred fifty-nine, which extension shall be at the\npleasure of the officer or body having the power of appointment. This\nsection shall not apply to any person serving in an elective office nor\nto officers or employees of instrumentalities jointly created by this\nstate and any other state or states.\n
N.Y. PBA Law § 1291 — New York Code / Act PBA / Article 5 / Title 12 / Section 1291
Reserve funds and appropriations
Status: in_force

§ 1291. Reserve funds and appropriations. 1. The corporation may\ncreate and establish one or more reserve funds to be known as debt\nservice reserve funds and may pay into such debt service reserve funds\n(a) any monies appropriated and made available by the state for the\npurposes of such funds, (b) any proceeds of sale of notes or bonds, to\nthe extent provided in the resolution of the corporation authorizing the\nissuance thereof, and (c) any other monies which may be made available\nto the corporation for the purpose of such funds from any other source\nor sources. The monies held in or credited to any debt service reserve\nfund established under this section, except as hereinafter provided,\nshall be used solely for the payment of the principal of bonds of the\ncorporation secured by such debt service reserve fund as the same mature\nor as payments required by the terms of any contracts therefor as\nsinking fund payments become due, the purchase of such bonds of the\ncorporation, the payment of interest on such bonds of the corporation or\nthe payment of any redemption premium required to be paid when such\nbonds are redeemed prior to maturity; provided however, that the\ncorporation shall have power to provide that monies in any such fund\nshall not be withdrawn therefrom at any time in such amount as would\nreduce the amount of such fund to less than the maximum amount of any\nsinking fund payments becoming due and principal and interest maturing\nand becoming due in any succeeding calendar year on the bonds of the\ncorporation then outstanding and secured by such debt service reserve\nfund, except for the purpose of paying any sinking fund payments\nbecoming due and principal of and interest on such bonds of the\ncorporation secured by such debt service reserve fund maturing and\nbecoming due and for the payment of which other monies of the\ncorporation are not available. Any income or interest earned by, or\nincrement to, any such debt service reserve fund due to the investment\nthereof may be transferred by the corporation to any other fund or\naccount of the corporation and the corporation shall have power to\nprovide that any such transfer shall not reduce the amount of such debt\nservice reserve fund below the maximum amount of any sinking fund\npayments becoming due and principal and interest maturing and becoming\ndue in any succeeding calendar year on all bonds of the corporation then\noutstanding and secured by such debt service reserve fund.\n  2. The corporation shall not issue bonds at any time if the maximum\namount of any sinking fund payments becoming due and principal and\ninterest maturing and becoming due in any succeeding calendar year on\nthe bonds outstanding and then to be issued and secured by a debt\nservice reserve fund will exceed the amount of such debt service reserve\nfund at the time of issuance, unless the corporation, at the time of the\nissuance of such bonds, shall deposit in such debt service reserve fund\nfrom the proceeds of the bonds so to be issued, or otherwise, an amount\nwhich, together with the amount then in such debt service reserve fund,\nwill be not less than the maximum amount of any sinking fund payments\nbecoming due and principal and interest maturing and becoming due in any\nsucceeding calendar year on the bonds then to be issued and on all other\nbonds of the corporation then outstanding and secured by such debt\nservice reserve fund.\n  3. To assure the continued operation and solvency of the corporation\nfor the carrying out of the public purposes of this title, provision is\nmade in subdivision one of this section for the accumulation in each\ndebt service reserve fund of an amount equal to the maximum amount of\nany sinking fund payments becoming due and principal and interest\nmaturing and becoming due in any succeeding calendar year as determined\nby the corporation on all bonds of the corporation then outstanding and\nsecured by such debt service reserve fund. In order further to assure\nthe maintenance of such debt service reserve funds in the respective\namounts provided therefor by the corporation in the issuance of its\nbonds secured thereby, there shall be annually apportioned and paid to\nthe corporation for deposit in each such debt service reserve fund such\namount, if any, as shall be certified by the chief executive officer of\nthe corporation to the governor and director of the budget as necessary\nto restore such debt service reserve fund to an amount equal to the\nmaximum amount provided therefor by the corporation as aforesaid. The\nchief executive officer of the corporation shall annually, on or before\nDecember first, make and deliver to the governor and director of the\nbudget his certificate stating the amount, if any, required to restore\neach debt service reserve fund to the amount aforesaid and the amount or\namounts so certified, if any, shall be apportioned and paid to the\ncorporation during the then current state fiscal year. The principal\namount of bonds secured by a debt service reserve fund or funds to which\nstate funds are apportionable pursuant to this subdivision shall be\nlimited to the total amount of bonds and notes outstanding on the\neffective date of this act, plus the total amount of bonds and notes\ncontracted after the effective date of this act to finance projects in\nprogress on the effective date of this act as determined by the New York\nstate public authorities control board created pursuant to section fifty\nof this chapter whose affirmative determination shall be conclusive as\nto all matters of law and fact solely for the purposes of the\nlimitations contained in this subdivision, but in no event shall the\ntotal amount of bonds so secured by such a debt service reserve fund or\nfunds exceed forty million five hundred thirteen thousand dollars,\nexcluding bonds issued to refund such outstanding bonds until the date\nof redemption of such outstanding bonds. As outstanding bonds so secured\nare paid, the amount so secured shall be reduced accordingly but the\nredemption of such outstanding bonds from the proceeds of refunding\nbonds shall not reduce the amount so secured.\n  4. For the purposes of this section, "maximum amount of any sinking\nfund payments becoming due and principal and interest maturing and\nbecoming due in any succeeding year" means, as of the date of\ncomputation, the largest amount of money required in any succeeding year\nfor the payment of interest on and maturing principal of outstanding\nbonds and payments required by the terms of any contracts to be made to\nany sinking fund established for the payment or redemption of such\nbonds, provided that the principal amount of any bonds required to be\nmade to any such sinking fund during any year shall, for the purposes of\nthis definition, be considered as maturing in the year during which such\npayment is required and not in the year in which the stated maturity of\nsuch bonds occurs. In computing the amount of any debt service reserve\nfund for the purposes of this section, securities in which all or a\nportion of such fund shall be invested shall be valued at par, or if\npurchased at less than par, at their cost to the corporation.\n
N.Y. PBA Law § 1970 — New York Code / Act PBA / Article 8 / Title 12 / Section 1970
Short title
Status: in_force

§ 1970. Short title.  This title shall be known and may be cited as\nthe "battery park city authority act".\n
N.Y. LFN Law § 165.00 — New York Code / Act LFN / Article 2 / Title 12 / Section 165.00
Deposit and use of proceeds from sale of bonds, bond anticipation notes, capital notes, urban renewal notes or budget notes
Status: in_force

§ 165.00 Deposit and use of proceeds from sale of bonds, bond\nanticipation notes, capital notes, urban renewal notes or budget notes.\na. The proceeds, inclusive of premiums, from the sale of bonds, bond\nanticipation notes, capital notes, urban renewal notes or budget notes\nshall be deposited and secured in a special account in the manner\nprovided by section ten of the general municipal law, shall not be\ncommingled with other funds of the issuer, and shall be expended only\nfor the object or purpose for which such obligations were issued. In the\nevent that any portion of the proceeds, inclusive of premiums, from the\nsale of bonds, bond anticipation notes, capital notes, urban renewal\nnotes or budget notes is not expended for the object or purpose for\nwhich such obligations were issued, such portion shall be applied only\nto the payment of the principal of and interest on such obligations,\nrespectively. Notwithstanding the foregoing provisions of this\nparagraph, the finance board of any municipality, school district or\ndistrict corporation may adopt any or all of the following resolutions\nto provide that:\n  1. The proceeds, inclusive of premiums, of capital notes issued in\namounts of one hundred thousand dollars or less, and of budget notes,\nneed not be deposited in a special account but may be deposited and\ncommingled with other funds of the issuer in any account of the issuer\nin a bank or trust company located and authorized to do business in this\nstate, but such power shall not be construed as authorizing the use of\nsuch proceeds for an object or purpose other than that for which the\nobligations were issued.\n  2. The proceeds, inclusive of premiums, from the sale of any two or\nmore issues of bonds, bond anticipation notes, capital notes, urban\nrenewal notes or budget notes need not be deposited in separate special\naccounts but may be deposited in a single special account of the issuer\nin a bank or trust company located and authorized to do business in this\nstate, but shall not be commingled with other funds of the issuer. The\nchief fiscal officer shall then maintain a separate accounting record of\neach issue to insure that the proceeds shall be used only for the object\nor purpose for which the obligation was issued.\n  3. Moneys appropriated for a purpose for which bonds, bond\nanticipation notes, capital notes or urban renewal notes have been\nauthorized may be deposited in the same bank account with the proceeds\nfrom the sale of such obligations. Such power shall not be construed as\nauthorizing the use of the proceeds of such obligations for an object or\npurpose other than that for which they were issued. Provided, however,\nthat any moneys remaining in such bank account after the object or\npurpose has been completed or abandoned shall be applied to the payment\nof the principal of and interest on such obligations; any excess\nremaining thereafter may be used for any lawful purpose.\n  b. Notwithstanding the provisions of paragraph a of this section, the\nproceeds, inclusive of premiums, from the sale of bonds, bond\nanticipation notes, capital notes and urban renewal notes may be\ninvested in the manner provided by section eleven of the general\nmunicipal law.\n  Such investment shall be made by the finance board or the chief fiscal\nofficer, if the finance board shall delegate such duty to that person.\nThe separate identity of the proceeds from the sale of bonds, bond\nanticipation notes, capital notes, urban renewal notes and budget notes\nshall be maintained at all times, whether such proceeds consist of cash\nor investments or both. Any interest earned or capital gain realized on\nany investment shall be applied to either the payment of the principal\nof and interest on the bonds, bond anticipation notes, capital notes,\nurban renewal notes or budget notes, as the case may be, the proceeds\nfrom the sale of which were used in making such investment or for any\nother purpose or purposes for which such issue of bonds, capital notes\nor urban renewal notes has been authorized.  Notwithstanding the\npreceding sentence, any interest earned or capital gain realized on any\ninvestment shall, to the extent necessary to maintain the exemption from\nfederal income taxation of interest on the obligations the proceeds from\nthe sale of which were used in making such investment, be paid to the\nUnited States treasury department, or any agency of the United States.\nWhere the proceeds from the sale of bond anticipation notes have been\ninvested and such notes have been retired from the proceeds from the\nsale of the bonds in anticipation of which they were issued, any\ninterest earned or capital gain realized on any investment shall be\napplied only to the payment of the principal of and interest on the\nbonds.\n  c. Notwithstanding the provision of paragraph a of this section or the\nprovision of subdivision three of section ninety-nine-o of the general\nmunicipal law, the proceeds of obligations issued for the partial\nrefinancing of mass commuting vehicles by the county of Suffolk may be\nused to reimburse in whole or in part any accounts or funds from which\nmoneys were disbursed to meet the cost of the original acquisition of\nsuch mass commuting vehicles. As used in this paragraph "mass commuting\nvehicles" means any bus, subway car, rail car, locomotive, or similar\nequipment used or to be used to provide mass commuting services, whether\nor not operated by a private operator under agreement with the county of\nSuffolk.\n  d. Notwithstanding the provisions of paragraph a of this section, if\nobligations issued by a school district or a city on behalf of a school\ndistrict have been refunded with bonds issued by the dormitory authority\nof the state of New York pursuant to subdivision thirty-nine of section\nsixteen hundred eighty of the public authorities law, that portion of\nthe proceeds that are allocable to obligations refunded with bonds\nissued by the dormitory authority of the state of New York and that have\nnot been expended by the school for the object or purpose for which such\nobligations were issued shall be applied only to the payment of the\nprincipal of and interest on the bonds issued by the dormitory\nauthority.\n
N.Y. ENV Law § 11-1203 — New York Code / Act ENV / Article 11 / Title 12 / Section 11-1203
Hunting while intoxicated prohibited
Status: in_force

§ 11-1203. Hunting while intoxicated prohibited.\n  1. No person shall engage in hunting while he is in an intoxicated\ncondition.\n  2. No person shall engage in hunting while his ability to engage in\nsuch hunting without creating unreasonable risk of injury or death to\nhimself or other human life is impaired by his consumption of alcohol or\nuse of a drug.\n
N.Y. RSS Law § 119 — New York Code / Act RSS / Article 2 / Title 12 / Section 119
Separability clause
Status: in_force

§ 119. Separability clause.  If any clause, sentence, paragraph,\nsection or part of this article, as originally added by chapter eight\nhundred forty-one of the laws of nineteen hundred forty-seven, or as\namended or supplemented heretofore or hereafter, shall be adjudged by\nany court of competent jurisdiction, to be invalid or unconstitutional,\nsuch judgment shall not affect, impair or invalidate the remainder\nthereof, but shall be confined in its operation to the clause, sentence,\nparagraph, section or part thereof directly involved in the controversy\nin which such judgment shall have been rendered.\n