N.Y. ENV Law § 21-1001 — New York Code / Act ENV / Article 21 / Title 10 / Section 21-1001
The Great Lakes-St
Status: in_force

§ 21-1001. The Great Lakes-St. Lawrence River Basin Water Resources\n               Compact.\n      GREAT LAKES-ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACT\n                                ARTICLE 1\n             SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION\n  Section 1.1. Short Title. This act shall be known and may be cited as\nthe "Great Lakes-St. Lawrence River Basin Water Resources Compact."\n  Section 1.2. Definitions. For the purposes of this Compact, and of any\nsupplemental or concurring legislation enacted pursuant thereto, except\nas may be otherwise required by the context:\n  Adaptive Management means a Water resources management system that\nprovides a systematic process for evaluation, monitoring and learning\nfrom the outcomes of operational programs and adjustment of policies,\nplans and programs based on experience and the evolution of scientific\nknowledge concerning Water resources and Water Dependent Natural\nResources.\n  Agreement means the Great Lakes-St. Lawrence River Basin Sustainable\nWater Resources Agreement.\n  Applicant means a Person who is required to submit a Proposal that is\nsubject to management and regulation under this Compact. Application has\na corresponding meaning.\n  Basin or Great Lakes-St. Lawrence River Basin means the watershed of\nthe Great Lakes and the St. Lawrence River upstream from Trois-Rivieres,\nQuebec within the jurisdiction of the Parties.\n  Basin Ecosystem or Great Lakes-St. Lawrence River Basin Ecosystem\nmeans the interacting components of air, land, Water and living\norganisms, including humankind, within the Basin.\n  Community within a Straddling County means any incorporated city, town\nor the equivalent thereof, that is located outside the Basin but wholly\nwithin a County that lies partly within the Basin and that is not a\nStraddling Community.\n  Compact means this Compact.\n  Consumptive Use means that portion of the Water Withdrawn or withheld\nfrom the Basin that is lost or otherwise not returned to the Basin due\nto evaporation, incorporation into Products, or other processes.\n  Council means the Great Lakes-St. Lawrence River Basin Water Resources\nCouncil, created by this Compact.\n  Council Review means the collective review by the Council members as\ndescribed in article 4 of this Compact.\n  County means the largest territorial division for local government in\na State. The County boundaries shall be defined as those boundaries that\nexist as of December 13, 2005.\n  Cumulative Impacts mean the impact on the Basin Ecosystem that results\nfrom incremental effects of all aspects of a Withdrawal, Diversion or\nConsumptive Use in addition to other past, present, and reasonably\nforeseeable future Withdrawals, Diversions and Consumptive Uses\nregardless of who undertakes the other Withdrawals, Diversions and\nConsumptive Uses. Cumulative Impacts can result from individually minor\nbut collectively significant Withdrawals, Diversions and Consumptive\nUses taking place over a period of time.\n  Decision-Making Standard means the decision-making standard\nestablished by Section 4.11 for Proposals subject to management and\nregulation in Section 4.10.\n  Diversion means a transfer of Water from the Basin into another\nwatershed, or from the watershed of one of the Great Lakes into that of\nanother by any means of transfer, including but not limited to a\npipeline, canal, tunnel, aqueduct, channel, modification of the\ndirection of a water course, a tanker ship, tanker truck or rail tanker\nbut does not apply to Water that is used in the Basin or a Great Lake\nwatershed to manufacture or produce a Product that is then transferred\nout of the Basin or watershed. Divert has a corresponding meaning.\n  Environmentally Sound and Economically Feasible Water Conservation\nMeasures mean those measures, methods, technologies or practices for\nefficient water use and for reduction of water loss and waste or for\nreducing a Withdrawal, Consumptive Use or Diversion that (i) are\nenvironmentally sound, (ii) reflect best practices applicable to the\nwater use sector, (iii) are technically feasible and available, (iv) are\neconomically feasible and cost effective based on an analysis that\nconsiders direct and avoided economic and environmental costs and (v)\nconsider the particular facilities and processes involved, taking into\naccount the environmental impact, age of equipment and facilities\ninvolved, the processes employed, energy impacts and other appropriate\nfactors.\n  Exception means a transfer of Water that is excepted under Section 4.9\nfrom the prohibition against Diversions in Section 4.8.\n  Exception Standard means the standard for Exceptions established in\nSection 4.9.4.\n  Intra-Basin Transfer means the transfer of Water from the watershed of\none of the Great Lakes into the watershed of another Great Lake.\n  Measures means any legislation, law, regulation, directive,\nrequirement, guideline, program, policy, administrative practice or\nother procedure.\n  New or Increased Diversion means a new Diversion, an increase in an\nexisting Diversion, or the alteration of an existing Withdrawal so that\nit becomes a Diversion.\n  New or Increased Withdrawal or Consumptive Use means a new Withdrawal\nor Consumptive Use or an increase in an existing Withdrawal or\nConsumptive Use.\n  Originating Party means the Party within whose jurisdiction an\nApplication or registration is made or required.\n  Party means a State party to this Compact.\n  Person means a human being or a legal person, including a government\nor a non-governmental organization, including any scientific,\nprofessional, business, non-profit, or public interest organization or\nassociation that is neither affiliated with, nor under the direction of\na government.\n  Product means something produced in the Basin by human or mechanical\neffort or through agricultural processes and used in manufacturing,\ncommercial or other processes or intended for intermediate or end use\nconsumers. (i) Water used as part of the packaging of a Product shall be\nconsidered to be part of the Product. (ii) Other than Water used as part\nof the packaging of a Product, Water that is used primarily to transport\nmaterials in or out of the Basin is not a Product or part of a Product.\n(iii) Except as provided in (i) above, Water which is transferred as\npart of a public or private supply is not a Product or part of a\nProduct. (iv) Water in its natural state such as in lakes, rivers,\nreservoirs, aquifers, or water basins is not a Product.\n  Proposal means a Withdrawal, Diversion or Consumptive Use of Water\nthat is subject to this Compact.\n  Province means Ontario or Quebec.\n  Public Water Supply Purposes means water distributed to the public\nthrough a physically connected system of treatment, storage and\ndistribution facilities serving a group of largely residential customers\nthat may also serve industrial, commercial, and other institutional\noperators. Water Withdrawn directly from the Basin and not through such\na system shall not be considered to be used for Public Water Supply\nPurposes.\n  Regional Body means the members of the Council and the Premiers of\nOntario and Quebec or their designee as established by the Agreement.\n  Regional Review means the collective review by the Regional Body as\ndescribed in Article 4 of this Compact.\n  Source Watershed means the watershed from which a Withdrawal\noriginates.  If Water is Withdrawn directly from a Great Lake or from\nthe St.  Lawrence River, then the Source Watershed shall be considered\nto be the watershed of that Great Lake or the watershed of the St.\nLawrence River, respectively. If Water is Withdrawn from the watershed\nof a stream that is a direct tributary to a great lake or a direct\ntributary to the St.  Lawrence River, then the Source Watershed shall be\nconsidered to be the watershed of that Great Lake or the watershed of\nthe St. Lawrence River, respectively, with a preference to the direct\ntributary stream watershed from which it was Withdrawn.\n  Standard of Review and Decision means the Exception Standard,\nDecision-Making Standard and reviews as outlined in Article 4 of this\nCompact.\n  State means one of the states of Illinois, Indiana, Michigan,\nMinnesota, New York, Ohio or Wisconsin or the Commonwealth of\nPennsylvania.\n  Straddling Community means any incorporated city, town or the\nequivalent thereof, wholly within any County that lies partly or\ncompletely within the Basin, whose corporate boundary existing as of the\neffective date of this Compact, is partly within the Basin or partly\nwithin two Great Lakes watersheds.\n  Technical Review means a detailed review conducted to determine\nwhether or not a Proposal that requires Regional Review under this\nCompact meets the Standard of Review and Decision following procedures\nand guidelines as set out in this Compact.\n  Water means ground or surface water contained within the Basin.\n  Water Dependent Natural Resources means the interacting components of\nland, Water and living organisms affected by the Waters of the Basin.\n  Waters of the Basin or Basin Water means the Great Lakes and all\nstreams, rivers, lakes, connecting channels and other bodies of water,\nincluding tributary groundwater, within the Basin.\n  Withdrawal means the taking of water from surface water or\ngroundwater.  Withdraw has a corresponding meaning.\n  Section 1.3. Findings and Purposes.\n  The legislative bodies of the respective Parties hereby find and\ndeclare:\n  1. Findings:\n  a. The Waters of the Basin are precious public natural resources\nshared and held in trust by the States;\n  b. The Waters of the Basin are interconnected and part of a single\nhydrologic system;\n  c. The Waters of the Basin can concurrently serve multiple uses. Such\nmultiple uses include municipal, public, industrial, commercial,\nagriculture, mining, navigation, energy development and production,\nrecreation, the subsistence, economic and cultural activities of native\npeoples, Water quality maintenance, and the maintenance of fish and\nwildlife habitat and a balanced ecosystem. And, other purposes are\nencouraged, recognizing that such uses are interdependent and must be\nbalanced;\n  d. Future Diversions and Consumptive Uses of Basin Water resources\nhave the potential to significantly impact the environment, economy and\nwelfare of the Great Lakes-St. Lawrence River region;\n  e. Continued sustainable, accessible and adequate Water supplies for\nthe people and economy of the Basin are of vital importance; and,\n  f. The Parties have a shared duty to protect, conserve, restore,\nimprove and manage the renewable but finite Waters of the Basin for the\nuse, benefit and enjoyment of all their citizens, including generations\nyet to come. The most effective means of protecting, conserving,\nrestoring, improving and managing the Basin Waters is through the joint\npursuit of unified and cooperative principles, policies and programs\nmutually agreed upon, enacted and adhered to by all Parties.\n  2. Purposes:\n  a. To act together to protect, conserve, restore, improve and\neffectively manage the Waters and Water Dependent Natural Resources of\nthe Basin under appropriate arrangements for intergovernmental\ncooperation and consultation because current lack of full scientific\ncertainty should not be used as a reason for postponing measures to\nprotect the Basin Ecosystem;\n  b. To remove causes of present and future controversies;\n  c. To provide for cooperative planning and action by the Parties with\nrespect to such Water resources;\n  d. To facilitate consistent approaches to Water management across the\nBasin while retaining State management authority over Water management\ndecisions within the Basin;\n  e. To facilitate the exchange of data, strengthen the scientific\ninformation base upon which decisions are made and engage in\nconsultation on the potential effects of proposed Withdrawals and losses\non the Waters and Water Dependent Natural Resources of the Basin;\n  f. To prevent significant adverse impacts of Withdrawals and losses on\nthe Basin's ecosystems and watersheds;\n  g. To promote interstate and State-Provincial comity; and,\n  h. To promote an Adaptive Management approach to the conservation and\nmanagement of Basin Water resources, which recognizes, considers and\nprovides adjustments for the uncertainties in, and evolution of,\nscientific knowledge concerning the Basin's Waters and Water Dependent\nNatural Resources.\n  Section 1.4. Science. 1. The Parties commit to provide leadership for\nthe development of a collaborative strategy with other regional partners\nto strengthen the scientific basis for sound Water management decision\nmaking under this Compact.\n  2. The strategy shall guide the collection and application of\nscientific information to support:\n  a. An improved understanding of the individual and Cumulative Impacts\nof Withdrawals from various locations and Water sources on the Basin\nEcosystem and to develop a mechanism by which impacts of Withdrawals may\nbe assessed;\n  b. The periodic assessment of Cumulative Impacts of Withdrawals,\nDiversions and Consumptive Uses on a Great Lake and St. Lawrence River\nwatershed basis;\n  c. Improved scientific understanding of the Waters of the Basin;\n  d. Improved understanding of the role of groundwater in Basin Water\nresources management; and,\n  e. The development, transfer and application of science and research\nrelated to Water conservation and Water use efficiency.\n                                ARTICLE 2\n                              ORGANIZATION\n  Section 2.1. Council Created.\n  The Great Lakes-St. Lawrence River Basin Water Resources Council is\nhereby created as a body politic and corporate, with succession for the\nduration of this Compact, as an agency and instrumentality of the\ngovernments of the respective Parties.\n  Section 2.2. Council membership.\n  The Council shall consist of the Governors of the Parties, ex officio.\n  Section 2.3. Alternates.\n  Each member of the Council shall appoint at least one alternate who\nmay act in his or her place and stead, with authority to attend all\nmeetings of the Council and with power to vote in the absence of the\nmember.  Unless otherwise provided by law of the Party for which he or\nshe is appointed, each alternate shall serve during the term of the\nmember appointing him or her, subject to removal at the pleasure of the\nmember.  In the event of a vacancy in the office of alternate, it shall\nbe filled in the same manner as an original appointment for the\nunexpired term only.\n  Section 2.4. Voting.\n  1. Each member is entitled to one vote on all matters that may come\nbefore the Council.\n  2. Unless otherwise stated, the rule of decision shall be by a simple\nmajority.\n  3. The Council shall annually adopt a budget for each fiscal year and\nthe amount required to balance the budget shall be apportioned equitably\namong the Parties by unanimous vote of the Council. The appropriation of\nsuch amounts shall be subject to such review and approval as may be\nrequired by the budgetary processes of the respective Parties.\n  4. The participation of Council members from a majority of the Parties\nshall constitute a quorum for the transaction of business at any meeting\nof the Council.\n  Section 2.5. Organization and Procedure.\n  The Council shall provide for its own organization and procedure, and\nmay adopt rules and regulations governing its meetings and transactions,\nas well as the procedures and timeline for submission, review and\nconsideration of Proposals that come before the Council for its review\nand action. The Council shall organize, annually, by the election of a\nChair and Vice Chair from among its members. Each member may appoint an\nadvisor, who may attend all meetings of the Council and its committees,\nbut shall not have voting power. The Council may employ or appoint\nprofessional and administrative personnel, including an Executive\nDirector, as it may deem advisable, to carry out the purposes of this\nCompact.\n  Section 2.6. Use of Existing Offices and Agencies.\n  It is the policy of the Parties to preserve and utilize the functions,\npowers and duties of existing offices and agencies of government to the\nextent consistent with this Compact. Further, the Council shall promote\nand aid the coordination of the activities and programs of the Parties\nconcerned with Water resources management in the Basin. To this end, but\nwithout limitation, the Council may:\n  1. Advise, consult, contract, assist or otherwise cooperate with any\nand all such agencies;\n  2. Employ any other agency or instrumentality of any of the Parties\nfor any purpose; and,\n  3. Develop and adopt plans consistent with the Water resources plans\nof the Parties.\n  Section 2.7. Jurisdiction.\n  The Council shall have, exercise and discharge its functions, powers\nand duties within the limits of the Basin. Outside the Basin, it may act\nin its discretion, but only to the extent such action may be necessary\nor convenient to effectuate or implement its powers or responsibilities\nwithin the Basin and subject to the consent of the jurisdiction wherein\nit proposes to act.\n  Section 2.8. Status, Immunities and Privileges.\n  1. The Council, its members and personnel in their official capacity\nand when engaged directly in the affairs of the Council, its property\nand its assets, wherever located and by whomsoever held, shall enjoy the\nsame immunity from suit and every form of judicial process as is enjoyed\nby the Parties, except to the extent that the Council may expressly\nwaive its immunity for the purposes of any proceedings or by the terms\nof any contract.\n  2. The property and assets of the Council, wherever located and by\nwhomsoever held, shall be considered public property and shall be immune\nfrom search, requisition, confiscation, expropriation or any other form\nof taking or foreclosure by executive or legislative action.\n  3. The Council, its property and its assets, income and the operations\nit carries out pursuant to this Compact shall be immune from all\ntaxation by or under the authority of any of the Parties or any\npolitical subdivision thereof; provided, however, that in lieu of\nproperty taxes the Council may make reasonable payments to local taxing\ndistricts in annual amounts which shall approximate the taxes lawfully\nassessed upon similar property.\n  Section 2.9. Advisory Committees.\n  The Council may constitute and empower advisory committees, which may\nbe comprised of representatives of the public and of federal, State,\ntribal, county and local governments, water resources agencies,\nwater-using industries and sectors, water-interest groups and academic\nexperts in related fields.\n                                ARTICLE 3\n                        GENERAL POWERS AND DUTIES\n  Section 3.1. General.\n  The Waters and Water Dependent Natural Resources of the Basin are\nsubject to the sovereign right and responsibilities of the Parties, and\nit is the purpose of this Compact to provide for joint exercise of such\npowers of sovereignty by the Council in the common interests of the\npeople of the region, in the manner and to the extent provided in this\nCompact. The Council and the Parties shall use the Standard of Review\nand Decision and procedures contained in or adopted pursuant to this\nCompact as the means to exercise their authority under this Compact.\n  The Council may revise the Standard of Review and Decision, after\nconsultation with the Provinces and upon unanimous vote of all Council\nmembers, by regulation duly adopted in accordance with Section 3.3 of\nthis Compact and in accordance with each Party's respective statutory\nauthorities and applicable procedures.\n  The Council shall identify priorities and develop plans and policies\nrelating to Basin Water resources. It shall adopt and promote uniform\nand coordinated policies for Water resources conservation and management\nin the Basin.\n  Section 3.2. Council Powers.\n  The Council may: plan; conduct research and collect, compile, analyze,\ninterpret, report and disseminate data on Water resources and uses;\nforecast Water levels; conduct investigations; institute court actions;\ndesign, acquire, construct, reconstruct, own, operate, maintain,\ncontrol, sell and convey real and personal property and any interest\ntherein as it may deem necessary, useful or convenient to carry out the\npurposes of this Compact; make contracts; receive and accept such\npayments, appropriations, grants, gifts, loans, advances and other\nfunds, properties and services as may be transferred or made available\nto it by any Party or by any other public or private agency, corporation\nor individual; and, exercise such other and different powers as may be\ndelegated to it by this Compact or otherwise pursuant to law, and have\nand exercise all powers necessary or convenient to carry out its express\npowers or which may be reasonably implied therefrom.\n  Section 3.3. Rules and Regulations.\n  1. The Council may promulgate and enforce such rules and regulations\nas may be necessary for the implementation and enforcement of this\nCompact.  The Council may adopt by regulation, after public notice and\npublic hearing, reasonable Application fees with respect to those\nProposals for Exceptions that are subject to Council review under\nSection 4.9. Any rule or regulation of the Council, other than one which\ndeals solely with the internal management of the Council or its\nproperty, shall be adopted only after public notice and hearing.\n  2. Each Party, in accordance with its respective statutory authorities\nand applicable procedures, may adopt and enforce rules and regulations\nto implement and enforce this Compact and the programs adopted by such\nParty to carry out the management programs contemplated by this Compact.\n  Section 3.4. Program Review and Findings.\n  1. Each Party shall submit a report to the Council and the Regional\nBody detailing its Water management and conservation and efficiency\nprograms that implement this Compact. The report shall set out the\nmanner in which Water Withdrawals are managed by sector, Water source,\nquantity or any other means, and how the provisions of the Standard of\nReview and Decision and conservation and efficiency programs are\nimplemented. The first report shall be provided by each Party one year\nfrom the effective date of this Compact and thereafter every 5 years.\n  2. The Council, in cooperation with the Provinces, shall review its\nWater management and conservation and efficiency programs and those of\nthe Parties that are established in this Compact and make findings on\nwhether the Water management program provisions in this Compact are\nbeing met, and if not, recommend options to assist the Parties in\nmeeting the provisions of this Compact. Such review shall take place:\n  a. 30 days after the first report is submitted by all Parties; and,\n  b. Every five years after the effective date of this Compact; and,\n  c. At any other time at the request of one of the Parties.\n  3. As one of its duties and responsibilities, the Council may\nrecommend a range of approaches to the Parties with respect to the\ndevelopment, enhancement and application of Water management and\nconservation and efficiency programs to implement the Standard of Review\nand Decision reflecting improved scientific understanding of the Waters\nof the Basin, including groundwater, and the impacts of Withdrawals on\nthe Basin Ecosystem.\n                                ARTICLE 4\n                     WATER MANAGEMENT AND REGULATION\n  Section 4.1. Water Resources Inventory, Registration and Reporting.\n  1. Within five years of the effective date of this Compact, each Party\nshall develop and maintain a Water resources inventory for the\ncollection, interpretation, storage, retrieval, exchange, and\ndissemination of information concerning the Water resources of the\nParty, including, but not limited to, information on the location, type,\nquantity, and use of those resources and the location, type, and\nquantity of Withdrawals, Diversions and Consumptive Uses. To the extent\nfeasible, the Water resources inventory shall be developed in\ncooperation with local, State, federal, tribal and other private\nagencies and entities, as well as the Council. Each Party's agencies\nshall cooperate with that Party in the development and maintenance of\nthe inventory.\n  2. The Council shall assist each Party to develop a common base of\ndata regarding the management of the Water Resources of the Basin and to\nestablish systematic arrangements for the exchange of those data with\nother States and Provinces.\n  3. To develop and maintain a compatible base of Water use information,\nwithin five years of the effective date of this Compact any Person who\nWithdraws Water in an amount of 100,000 gallons per day or greater\naverage in any 30-day period (including Consumptive Uses) from all\nsources, or Diverts Water of any amount, shall register the Withdrawal\nor Diversion by a date set by the Council unless the Person has\npreviously registered in accordance with an existing State program. The\nPerson shall register the Withdrawal or Diversion with the Originating\nParty using a form prescribed by the Originating Party that shall\ninclude, at a minimum and without limitation: the name and address of\nthe registrant and date of registration; the locations and sources of\nthe Withdrawal or Diversion; the capacity of the Withdrawal or Diversion\nper day and the amount Withdrawn or Diverted from each source; the uses\nmade of the Water; places of use and places of discharge; and, such\nother information as the Originating Party may require. All\nregistrations shall include an estimate of the volume of the Withdrawal\nor Diversion in terms of gallons per day average in any 30-day period.\n  4. All registrants shall annually report the monthly volumes of the\nWithdrawal, Consumptive Use and Diversion in gallons to the Originating\nParty and any other information requested by the Originating Party.\n  5. Each Party shall annually report the information gathered pursuant\nto this Section to a Great Lakes - St. Lawrence River Water use data\nbase repository and aggregated information shall be made publicly\navailable, consistent with the confidentiality requirements in Section\n8.3.\n  6. Information gathered by the Parties pursuant to this Section shall\nbe used to improve the sources and applications of scientific\ninformation regarding the Waters of the Basin and the impacts of the\nWithdrawals and Diversions from various locations and Water sources on\nthe Basin Ecosystem, and to better understand the role of groundwater in\nthe Basin. The Council and the Parties shall coordinate the collection\nand application of scientific information to further develop a mechanism\nby which individual and Cumulative Impacts of Withdrawals, Consumptive\nUses and Diversions shall be assessed.\n  Section 4.2. Water Conservation and Efficiency Programs.\n  1. The Council commits to identify, in cooperation with the Provinces,\nBasin-wide Water conservation and efficiency objectives to assist the\nParties in developing their Water conservation and efficiency program.\nThese objectives are based on the goals of:\n  a. Ensuring improvement of the Waters and Water Dependent Natural\nResources;\n  b. Protecting and restoring the hydrologic and ecosystem integrity of\nthe Basin;\n  c. Retaining the quantity of surface water and groundwater in the\nBasin;\n  d. Ensuring sustainable use of Waters of the Basin; and,\n  e. Promoting the efficiency of use and reducing losses and waste of\nWater.\n  2. Within two years of the effective date of this Compact, each Party\nshall develop its own Water conservation and efficiency goals and\nobjectives consistent with the Basin-wide goals and objectives, and\nshall develop and implement a Water conservation and efficiency program,\neither voluntary or mandatory, within its jurisdiction based on the\nParty's goals and objectives. Each Party shall annually assess its\nprograms in meeting the Party's goals and objectives, report to the\nCouncil and the Regional Body and make this annual assessment available\nto the public.\n  3. Beginning five years after the effective date of this Compact, and\nevery five years thereafter, the Council, in cooperation with the\nProvinces, shall review and modify as appropriate the Basin-wide\nobjectives, and the Parties shall have regard for any such modifications\nin implementing their programs. This assessment will be based on\nexamining new technologies, new patterns of Water use, new resource\ndemands and threats, and Cumulative Impact assessment under Section\n4.15.\n  4. Within two years of the effective date of this Compact, the Parties\ncommit to promote Environmentally Sound and Economically Feasible Water\nConservation Measures such as:\n  a. Measures that promote efficient use of Water;\n  b. Identification and sharing of best management practices and state\nof the art conservation and efficiency technologies;\n  c. Application of sound planning principles;\n  d. Demand-side and supply-side Measures or incentives; and,\n  e. Development, transfer and application of science and research.\n  5. Each Party shall implement in accordance with Paragraph 2 a\nvoluntary or mandatory Water conservation program for all, including\nexisting, Basin Water users. Conservation programs need to adjust to new\ndemands and the potential impacts of cumulative effects and climate.\n  Section 4.3. Party Powers and Duties.\n  1. Each Party, within its jurisdiction, shall manage and regulate New\nor Increased Withdrawals, Consumptive Uses and Diversions, including\nExceptions, in accordance with this Compact.\n  2. Each Party shall require an Applicant to submit an Application in\nsuch manner and with such accompanying information as the Party shall\nprescribe.\n  3. No Party may approve a Proposal if the Party determines that the\nProposal is inconsistent with this Compact or the Standard of Review and\nDecision or any implementing rules or regulations promulgated\nthereunder. The Party may approve, approve with modifications or\ndisapprove any Proposal depending on the Proposal's consistency with\nthis Compact and the Standard of Review and Decision.\n  4. Each Party shall monitor the implementation of any approved\nProposal to ensure consistency with the approval and may take all\nnecessary enforcement actions.\n  5. No Party shall approve a Proposal subject to Council or Regional\nReview, or both, pursuant to this Compact unless it shall have been\nfirst submitted to and reviewed by either the Council or Regional Body,\nor both, and approved by the council, as applicable. Sufficient\nopportunity shall be provided for comment on the Proposal's consistency\nwith this Compact and the Standard of Review and Decision. All such\ncomments shall become part of the Party's formal record of decision, and\nthe Party shall take into consideration any such comments received.\n  Section 4.4. Requirement for Originating Party Approval.\n  No Proposal subject to management and regulation under this Compact\nshall hereafter be undertaken by any Person unless it shall have been\napproved by the Originating Party.\n  Section 4.5. Regional Review.\n  1. General.\n  a. It is the intention of the Parties to participate in Regional\nReview of Proposals with the Provinces, as described in this Compact and\nthe Agreement.\n  b. Unless the Applicant or the Originating Party otherwise requests,\nit shall be the goal of the Regional Body to conclude its review no\nlater than 90 days after notice under Section 4.5.2 of such Proposal is\nreceived from the Originating Party.\n  c. Proposals for Exceptions subject to Regional Review shall be\nsubmitted by the Originating Party to the Regional Body for Regional\nReview, and where applicable, to the Council for concurrent review.\n  d. The Parties agree that the protection of the integrity of the Great\nLakes - St. Lawrence River Basin ecosystem shall be the overarching\nprinciple for reviewing Proposals subject to Regional Review,\nrecognizing uncertainties with respect to demands that may be placed on\nBasin Water, including groundwater, levels and flows of the Great Lakes\nand the St. Lawrence River, future changes in environmental conditions,\nthe reliability of existing data and the extent to which Diversions may\nharm the integrity of the Basin Ecosystem.\n  e. The Originating Party shall have lead responsibility for\ncoordinating information for resolution of issues related to evaluation\nof a Proposal, and shall consult with the Applicant throughout the\nRegional Review Process.\n  f. A majority of the members of the Regional Body may request Regional\nreview of a regionally significant or potentially precedent setting\nProposal. Such Regional Review must be conducted, to the extent\npossible, within the time frames set forth in this Section. Any such\nRegional Review shall be undertaken only after consulting the Applicant.\n  2. Notice from Originating Party to the Regional Body.\n  a. The Originating Party shall determine if a Proposal is subject to\nRegional Review. If so, the Originating Party shall provide timely\nnotice to the Regional Body and the public.\n  b. Such notice shall not be given unless and until all information,\ndocuments and the Originating Party's Technical Review needed to\nevaluate whether the Proposal meets the Standard of Review and Decision\nhave been provided.\n  c. An Originating Party may:\n  i. Provide notice to the Regional Body of an Application, even if\nnotification is not required; or,\n  ii. Request Regional Review of an application, even if Regional Review\nis not required. Any such Regional Review shall be undertaken only after\nconsulting the Applicant.\n  d. An Originating Party may provide preliminary notice of a potential\nProposal.\n  3. Public Participation.\n  a. To ensure adequate public participation, the Regional Body shall\nadopt procedures for the review of Proposals that are subject to\nRegional Review in accordance with this Article.\n  b. The Regional Body shall provide notice to the public of Proposal\nundergoing Regional Review. Such notice shall indicate that the public\nhas an opportunity to comment in writing to the Regional Body on whether\nthe Proposal meets the Standard of Review and Decision.\n  c. The Regional Body shall hold a public meeting in the State or\nProvince of the Originating Party in order to receive public comment on\nthe issue of whether the Proposal under consideration meets the Standard\nof Review and Decision.\n  d. The Regional Body shall consider the comments received before\nissuing a Declaration of Finding.\n  e. The Regional Body shall forward the comments it receives to the\nOriginating Party.\n  4. Technical Review.\n  a. The Originating Party shall provide the Regional Body with its\nTechnical Review of the Proposal under consideration.\n  b. The Originating Party's Technical Review shall thoroughly analyze\nthe Proposal and provide an evaluation of the Proposal sufficient for a\ndetermination of whether the Proposal meets the Standard of Review and\nDecision.\n  c. Any member of the Regional Body may conduct their own Technical\nReview of any Proposal subject to Regional Review.\n  d. At the request of the majority of its members, the Regional Body\nshall make such arrangements as it considers appropriate for an\nindependent Technical Review of a Proposal.\n  e. All Parties shall exercise their best efforts to ensure that a\nTechnical Review undertaken under Sections 4.5.4.c and 4.5.4.d does not\nunnecessarily delay the decision by the Originating Party on the\nApplication. Unless the Applicant or the Originating Party otherwise\nrequests, all Technical Reviews shall be completed no later than 60 days\nafter the date the notice of the Proposal was given to the Regional\nBody.\n  5. Declaration of Finding.\n  a. The Regional Body shall meet to consider a Proposal. The Applicant\nshall be provided with an opportunity to present the Proposal to the\nRegional Body at such time.\n  b. The Regional Body, having considered the notice, the Originating\nParty's Technical Review, any other independent Technical Review that is\nmade, any comments or objections including the analysis of comments made\nby the public, First Nations and federally recognized Tribes, and any\nother information that is provided under this Compact shall issue a\nDeclaration of Finding that the Proposal under consideration:\n  i. Meets the Standard of Review and Decision;\n  ii. Does not meet the Standard of Review and Decision; or,\n  iii. Would meet the Standard of Review and Decision if certain\nconditions were met.\n  c. An Originating Party may decline to participate in a Declaration of\nFinding made by the Regional Body.\n  d. The Parties recognize and affirm that it is preferable for all\nmembers of the Regional Body to agree whether the Proposal meets the\nStandard of Review and Decision.\n  e. If the members of the Regional Body who participate in the\nDeclaration of Finding all agree, they shall issue a written Declaration\nof Finding with consensus.\n  f. In the event that the members cannot agree, the Regional Body shall\nmake every reasonable effort to achieve consensus within 25 days.\n  g. Should consensus not be achieved, the Regional Body may issue a\nDeclaration of Finding that presents different points of view and\nindicates each Party's conclusions.\n  h. The Regional Body shall release the Declarations of Finding to the\npublic.\n  i. The Originating Party and the Council shall consider the\nDeclaration of Finding before making a decision on the Proposal.\n  Section 4.6. Proposals Subject to Prior Notice.\n  1. Beginning no later than five years of the effective date of this\nCompact, the Originating Party shall provide all Parties and the\nProvinces with detailed and timely notice and an opportunity to comment\nwithin 90 days on any Proposal for a New or Increased Consumptive Use of\n5 million gallons per day or greater average in any 90-day period.\nComments shall address whether or not the Proposal is consistent with\nthe Standard of Review and Decision. The Originating Party shall provide\na response to any such comment received from another Party.\n  2. A Party may provide notice, an opportunity to comment and a\nresponse to comments even if this is not required under Paragraph 1 of\nthis Section. Any provision of such notice and opportunity to comment\nshall be undertaken only after consulting the Applicant.\n  Section 4.7. Council Actions.\n  1. Proposals for Exceptions subject to Council Review shall be\nsubmitted by the Originating Party to the Council for Council Review,\nand where applicable, to the Regional Body for concurrent review.\n  2. The Council shall review and take action on Proposals in accordance\nwith this Compact and the Standard of Review and Decision. The Council\nshall not take action on a Proposal subject to Regional Review pursuant\nto this Compact unless the Proposal shall have been first submitted to\nand reviewed by the Regional Body. The Council shall consider any\nfindings resulting from such review.\n  Section 4.8. Prohibition of New or Increased Diversions.\n  All New or Increased Diversions are prohibited, except as provided for\nin this Article.\n  Section 4.9. Exceptions to the Prohibition of Diversions.\n  1. Straddling Communities. A Proposal to transfer Water to an area\nwithin a Straddling Community but outside the Basin or outside the\nsource great lake Watershed shall be excepted from the prohibition\nagainst Diversions and be managed and regulated by the Originating Party\nprovided that, regardless of the volume of Water transferred, all the\nWater so transferred shall be used solely for Public Water Supply\nPurposes within the Straddling Community, and:\n  a. All Water Withdrawn from the Basin shall be returned, either\nnaturally or after use, to the Source Watershed less an allowance for\nConsumptive Use. No surface water or groundwater from outside the Basin\nmay be used to satisfy any portion of this criterion except if it:\n  i. Is part of a water supply or wastewater treatment system that\ncombines water from inside and outside of the Basin;\n  ii. Is treated to meet applicable water quality discharge standards\nand to prevent the introduction of invasive species into the Basin;\n  iii. Maximizes the portion of water returned to the Source Watershed\nas Basin Water and minimizes the surface water or groundwater from\noutside the Basin;\n  b. If the Proposal results from a New or Increased Withdrawal of\n100,000 gallons per day or greater average over any 90-day period, the\nProposal shall also meet the Exception Standard; and\n  c. If the Proposal results in a New or Increased Consumptive Use of 5\nmillion gallons per day or greater average over any 90-day period, the\nProposal shall also undergo Regional Review.\n  2. Intra-Basin Transfer. A Proposal for an Intra-Basin Transfer that\nwould be considered a Diversion under this Compact, and not already\nexcepted pursuant to Paragraph 1 of this Section, shall be excepted from\nthe prohibition against Diversions, provided that:\n  a. If the Proposal results from a New or Increased Withdrawal less\nthan 100,000 gallons per day average over any 90-day period, the\nProposal shall be subject to management and regulation at the discretion\nof the Originating Party.\n  b. If the Proposal results from a New or Increased Withdrawal 100,000\ngallons per day or greater average over any 90-day period and if the\nConsumptive Use resulting from the Withdrawal is less than five million\ngallons per day average over any 90-day period:\n  i. The Proposal shall meet the Exception Standard and be subject to\nmanagement and regulation by the Originating Party, except that the\nWater may be returned to another Great Lake watershed rather than the\nSource Watershed;\n  ii. The Applicant shall demonstrate that there is no feasible, cost\neffective, and environmentally sound water supply alternative within the\nGreat Lake watershed to which the Water will be transferred, including\nconservation of existing water supplies; and,\n  iii. The Originating Party shall provide notice to the other Parties\nprior to making any decision with respect to the Proposal.\n  c. If the Proposal results in a New or Increased Consumptive Use of 5\nmillion gallons per day or greater average over any 90-day period:\n  i. The Proposal shall be subject to management and regulation by the\nOriginating Party and shall meet the Exception Standard, ensuring that\nWater Withdrawn shall be returned to the Source Watershed;\n  ii. The Applicant shall demonstrate that there is no feasible, cost\neffective, and environmentally sound water supply alternative within the\ngreat lake watershed to which the Water will be transferred, including\nconservation of existing water supplies;\n  iii. The Proposal undergoes Regional Review; and,\n  iv. The Proposal is approved by the Council. Council approval shall be\ngiven unless one or more Council Members vote to disapprove.\n  3. Straddling Counties. A Proposal to transfer Water to a Community\nwithin a Straddling County that would be considered a Diversion under\nthis Compact shall be excepted from the prohibition against Diversions,\nprovided that it satisfies all of the following conditions:\n  a. The Water shall be used solely for the Public Water Supply Purposes\nof the Community within a Straddling County that is without adequate\nsupplies of potable water;\n  b. The Proposal meets the Exception Standard, maximizing the portion\nof water returned to the Source Watershed as Basin Water and minimizing\nthe surface water or groundwater from outside the Basin;\n  c. The Proposal shall be subject to management and regulation by the\nOriginating Party, regardless of its size;\n  d. There is no reasonable water supply alternative within the basin in\nwhich the community is located, including conservation of existing water\nsupplies;\n  e. Caution shall be used in determining whether or not the Proposal\nmeets the conditions for this Exception. This Exception should not be\nauthorized unless it can be shown that it will not endanger the\nintegrity of the Basin Ecosystem;\n  f. The Proposal undergoes Regional Review; and,\n  g. The Proposal is approved by the Council. Council approval shall be\ngiven unless one or more Council Members vote to disapprove.\n  A Proposal must satisfy all of the conditions listed above. Further,\nsubstantive consideration will also be given to whether or not the\nProposal can provide sufficient scientifically based evidence that the\nexisting water supply is derived from groundwater that is hydrologically\ninterconnected to Waters of the Basin.\n  4. Exception Standard. Proposals subject to management and regulation\nin this Section shall be declared to meet this Exception Standard and\nmay be approved as appropriate only when the following criteria are met:\n  a. The need for all or part of the proposed Exception cannot be\nreasonably avoided through the efficient use and conservation of\nexisting water supplies;\n  b. The Exception will be limited to quantities that are considered\nreasonable for the purposes for which it is proposed;\n  c. All Water Withdrawn shall be returned, either naturally or after\nuse, to the Source Watershed less an allowance for Consumptive Use. No\nsurface water or groundwater from the outside the Basin may be used to\nsatisfy any portion of this criterion except if it:\n  i. Is part of a water supply or wastewater treatment system that\ncombines water from inside and outside of the Basin;\n  ii. Is treated to meet applicable water quality discharge standards\nand to prevent the introduction of invasive species into the Basin;\n  d. The Exception will be implemented so as to ensure that it will\nresult in no significant individual or cumulative adverse impacts to the\nquantity or quality of the Waters and Water Dependent Natural Resources\nof the Basin with consideration given to the potential Cumulative\nImpacts of any precedent-setting consequences associated with the\nProposal;\n  e. The Exception will be implemented so as to incorporate\nEnvironmentally Sound and Economically Feasible Water Conservation\nMeasures to minimize Water Withdrawals or Consumptive Use;\n  f. The Exception will be implemented so as to ensure that it is in\ncompliance with all applicable municipal, State and federal laws as well\nas regional interstate and international agreements, including the\nBoundary Waters Treaty of 1909; and,\n  g. All other applicable criteria in Section 4.9 have also been met.\n  Section 4.10. Management and regulation of New or Increased\nWithdrawals and Consumptive Uses.\n  1. Within five years of the effective date of this Compact, each Party\nshall create a program for the management and regulation of New or\nIncreased Withdrawals and Consumptive Uses by adopting and implementing\nMeasures consistent with the Decision-Making Standard. Each Party,\nthrough a considered process, shall set and may modify threshold levels\nfor the regulation of New or Increased Withdrawals in order to assure an\neffective and efficient Water management program that will ensure that\nuses overall are reasonable, that Withdrawals overall will not result in\nsignificant impacts to the Waters and Water Dependent Natural Resources\nof the Basin, determined on the basis of significant impacts to the\nphysical, chemical, and biological integrity of Source Watersheds, and\nthat all other objectives of the Compact are achieved. Each Party may\ndetermine the scope and thresholds of its program, including which New\nor Increased Withdrawals and Consumptive Uses will be subject to the\nprogram.\n  2. Any Party that fails to set threshold levels that comply with\nSection 4.10.1 any time before 10 years after the effective date of this\nCompact shall apply a threshold level for management and regulation of\nall New or Increased Withdrawals of 100,000 gallons per day or greater\naverage in any 90 day period.\n  3. The Parties intend programs for New or Increased Withdrawals and\nConsumptive Uses to evolve as may be necessary to protect Basin Waters.\nPursuant to Section 3.4, the Council, in cooperation with the Provinces,\nshall periodically assess the Water management programs of the Parties.\nSuch assessments may produce recommendations for the strengthening of\nthe programs, including without limitation, establishing lower\nthresholds for management and regulation in accordance with the\nDecision-Making Standard.\n  Section 4.11. Decision-Making Standard.\n  Proposals subject to management and regulation in Section 4.10 shall\nbe declared to meet this Decision-Making Standard and may be approved as\nappropriate only when the following criteria are met:\n  1. All Water Withdrawn shall be returned, either naturally or after\nuse, to the Source Watershed less an allowance for Consumptive Use;\n  2. The Withdrawal or Consumptive Use will be implemented so as to\nensure that the Proposal will result in no significant individual or\ncumulative adverse impacts to the quantity or quality of the Waters and\nWater Dependent Natural Resources and the applicable Source Watershed;\n  3. The Withdrawal or Consumptive Use will be implemented so as to\nincorporate Environmentally Sound and Economically Feasible Water\nConservation Measures;\n  4. The Withdrawal or Consumptive Use will be implemented so as to\nensure that it is in compliance with all applicable municipal, State and\nfederal laws as well as regional interstate and international\nagreements, including the Boundary Waters Treaty of 1909;\n  5. The proposed use is reasonable, based upon a consideration of the\nfollowing factors:\n  a. Whether the proposed Withdrawal or Consumptive Use is planned in a\nfashion that provides for efficient use of the water, and will avoid or\nminimize the waste of Water;\n  b. If the proposal is for an increased Withdrawal or Consumptive Use,\nwhether efficient use is made of existing water supplies;\n  c. The balance between economic development, social development and\nenvironmental protection of the proposed Withdrawal and use and other\nexisting or planned withdrawals and water uses sharing the water source;\n  d. The supply potential of the water source, considering quantity,\nquality, and reliability and safe yield of hydrologically interconnected\nwater sources;\n  e. The probable degree and duration of any adverse impacts caused or\nexpected to be caused by the proposed Withdrawal and use under\nforeseeable conditions, to other lawful consumptive or non-consumptive\nuses of water or to the quantity or quality of the Waters and Water\nDependent Natural Resources of the Basin, and the proposed plans and\narrangements for avoidance or mitigation of such impacts; and,\n  f. If a proposal includes restoration of hydrologic conditions and\nfunctions of the Source Watershed, the Party may consider that.\n  Section 4.12. Applicability.\n  1. Minimum Standard. This Standard of Review and Decision shall be\nused as a minimum standard. Parties may impose a more restrictive\ndecision-making standard for Withdrawals under their authority. It is\nalso acknowledged that although a Proposal meets the Standard of Review\nand Decision it may not be approved under the laws of the Originating\nParty that has implemented more restrictive Measures.\n  2. Baseline. a. To establish a baseline for determining a New or\nIncreased Diversion, Consumptive Use or Withdrawal, each Party shall\ndevelop either or both of the following lists for their jurisdiction:\n  i. A list of existing Withdrawal approvals as of the effective date of\nthe Compact;\n  ii. A list of the capacity of existing systems as of the effective\ndate of this Compact. The capacity of the existing systems should be\npresented in terms of Withdrawal capacity, treatment capacity,\ndistribution capacity, or other capacity limiting factors. The capacity\nof the existing systems must represent the state of the systems.\nExisting capacity determinations shall be based upon approval limits or\nthe most restrictive capacity information.\n  b. For all purposes of this Compact, volumes of Diversions,\nConsumptive Uses, or Withdrawals of Water set forth in the list(s)\nprepared by each Party in accordance with this Section, shall constitute\nthe baseline volume.\n  c. The list(s) shall be furnished to the Regional Body and the Council\nwithin one year of the effective date of this Compact.\n  3. Timing of Additional Applications. Applications for New or\nIncreased Withdrawals, Consumptive Uses or Exceptions shall be\nconsidered cumulatively within ten years of any application.\n  4. Change of Ownership. Unless a new owner proposes a project that\nshall result in a Proposal for a new or Increased Diversion or\nConsumptive Use subject to Regional Review or Council approval, the\nchange of ownership in and of itself shall not require Regional Review\nor Council approval.\n  5. Groundwater. The Basin surface water divide shall be used for the\npurpose of managing and regulating New or Increased Diversions,\nConsumptive Uses or Withdrawals of surface water and groundwater.\n  6. Withdrawal Systems. The total volume of surface water and\ngroundwater resources that supply a common distribution system shall\ndetermine the volume of a Withdrawal, Consumptive Use or Diversion.\n  7. Connecting Channels. The watershed of each Great Lake shall include\nits upstream and downstream connecting channels.\n  8. Transmission in Water Lines. Transmission of Water within a line\nthat extends outside the Basin as it conveys Water from one point to\nanother within the Basin shall not be considered a Diversion if none of\nthe Water is used outside the Basin.\n  9. Hydrologic Units. The Lake Michigan and Lake Huron watersheds shall\nbe considered to be a single hydrologic unit and watershed.\n  10. Bulk Water Transfer. A Proposal to Withdraw Water and to remove it\nfrom the Basin in any container greater than 5.7 gallons shall be\ntreated under this Compact in the same manner as a Proposal for a\nDiversion. Each Party shall have the discretion, within its\njurisdiction, to determine the treatment of Proposals to Withdraw Water\nand to remove it from the Basin in any container of 5.7 gallons or less.\n  Section 4.13. Exemptions.\n  Withdrawals from the Basin for the following purposes are exempt from\nthe requirements of Article 4.\n  1. To supply vehicles, including vessels and aircraft, whether for the\nneeds of the persons or animals being transported or for ballast or\nother needs related to the operation of the vehicles.\n  2. To use in a non-commercial project on a short-term basis for\nfirefighting, humanitarian, or emergency response purposes.\n  Section 4.14. U.S. Supreme Court Decree: Wisconsin et al. v. Illinois\net al.\n  1. Notwithstanding any terms of this Compact to the contrary, with the\nexception of Paragraph 5 of this Section, current, New or Increased\nWithdrawals, Consumptive Uses and Diversions of Basin Water by the State\nof Illinois shall be governed by the terms of the United States Supreme\nCourt decree in Wisconsin et al. v. Illinois et al. and shall not be\nsubject to the terms of this Compact nor any rules or regulations\npromulgated pursuant to this Compact. This means that, with the\nexception of Paragraph 5 of this Section, for purposes of this Compact,\ncurrent, New or Increased Withdrawals, Consumptive Uses and Diversions\nof Basin Water within the State of Illinois shall be allowed unless\nprohibited by the terms of the United States Supreme Court decree in\nWisconsin et al. v. Illinois et al.\n  2. The Parties acknowledge that the United States Supreme Court decree\nin Wisconsin et al. v. Illinois et al. shall continue in full force and\neffect, that this Compact shall not modify any terms thereof, and that\nthis Compact shall grant the parties no additional rights, obligations,\nremedies or defenses thereto. The Parties specifically acknowledge that\nthis Compact shall not prohibit or limit the State of Illinois in any\nmanner from seeking additional Basin Water as allowed under the terms of\nthe United States Supreme Court decree in Wisconsin et al. v. Illinois\net al., any other party from objecting to any request by the State of\nIllinois for additional Basin Water under the terms of said decree, or\nany party from seeking any other type of modification to said decree. If\nan application is made by any party to the Supreme Court of the United\nStates to modify said decree, the Parties to this Compact who are also\nparties to the decree shall seek formal input from the Canadian\nProvinces of Ontario and Quebec, with respect to the proposed\nmodification, use best efforts to facilitate the appropriate\nparticipation of said Provinces in the proceedings to modify the decree,\nand shall not unreasonably impede or restrict such participation.\n  3. With the exception of Paragraph 5 of this Section, because current,\nNew or Increased Withdrawals, Consumptive Uses and Diversions of Basin\nWater by the State of Illinois are not subject to the terms of this\nCompact, the State of Illinois is prohibited from using any term of this\nCompact, including Section 4.9, to seek New or Increased Withdrawals,\nConsumptive Uses or Diversions of Basin Water.\n  4. With the exception of Paragraph 5 of this Section, because Sections\n4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12 (Paragraphs 1, 2, 3,\n4, 6 and 10 only), and 4.13 of this Compact all relate to current, New\nor Increased Withdrawals, Consumptive Uses and Diversions of Basin\nWaters, said provisions do not apply to the State of Illinois. All other\nprovisions of this Compact not listed in the preceding sentence shall\napply to the State of Illinois, including the Water Conservation\nPrograms provision of Section 4.2.\n  5. In the event of a Proposal for a Diversion of Basin Water for use\noutside the territorial boundaries of the Parties to this Compact,\ndecisions by the State of Illinois regarding such a Proposal would be\nsubject to all terms of this Compact, except Paragraphs 1, 3 and 4 of\nthis Section.\n  6. For purposes of the State of Illinois' participation in this\nCompact, the entirety of this Section 4.14 is necessary for the\ncontinued implementation of this Compact and, if severed, this Compact\nshall no longer be binding on or enforceable by or against the State of\nIllinois.\n  Section 4.15. Assessment of Cumulative Impacts.\n  1. The Parties in cooperation with the Provinces shall collectively\nconduct within the Basin, on a Lake watershed and St. Lawrence River\nBasin basis, a periodic assessment of the Cumulative Impacts of\nWithdrawals, Diversions and Consumptive Uses from the Waters of the\nBasin, every 5 years or each time the incremental Basin Water losses\nreach 50 million gallons per day average in any 90-day period in excess\nof the quantity at the time of the most recent assessment, whichever\ncomes first, or at the request of one or more of the Parties. The\nassessment shall form the basis for a review of the Standard of Review\nand Decision, Council and Party regulations and their application. This\nassessment shall:\n  a. Utilize the most current and appropriate guidelines for such a\nreview, which may include but not be limited to Council on Environmental\nQuality and Environment Canada guidelines;\n  b. Give substantive consideration to climate change or other\nsignificant threats to Basin Waters and take into account the current\nstate of scientific knowledge, or uncertainty, and appropriate Measures\nto exercise caution in cases of uncertainty if serious damage may\nresult;\n  c. Consider adaptive management principles and approaches,\nrecognizing, considering and providing adjustments for the uncertainties\nin, and evolution of science concerning the Basin's water resources,\nwatersheds and ecosystems, including potential changes to Basin-wide\nprocesses, such as lake level cycles and climate.\n  2. The Parties have the responsibility of conducting this Cumulative\nImpact assessment. Applicants are not required to participate in this\nassessment.\n  3. Unless required by other statutes, Applicants are not required to\nconduct a separate cumulative impact assessment in connection with an\nApplication but shall submit information about the potential impacts of\na Proposal to the quantity or quality of the Waters and Water Dependent\nNatural Resources of the applicable Source Watershed. An Applicant may,\nhowever, provide an analysis of how their Proposal meets the no\nsignificant adverse Cumulative Impact provision of the Standard of\nReview and Decision.\n                                ARTICLE 5\n                           TRIBAL CONSULTATION\n  Section 5.1. Consultation with Tribes.\n  1. In addition to all other opportunities to comment pursuant to\nSection 6.2, appropriate consultations shall occur with federally\nrecognized Tribes in the Originating Party for all Proposals subject to\nCouncil or Regional Review pursuant to this Compact. Such consultations\nshall be organized in the manner suitable to the individual Proposal and\nthe laws and policies of the Originating Party.\n  2. All federally recognized Tribes within the Basin shall receive\nreasonable notice indicating that they have an opportunity to comment in\nwriting to the Council or the Regional Body, or both, and other relevant\norganizations on whether the Proposal meets the requirements of the\nStandard of Review and Decision when a Proposal is subject to Regional\nReview or Council approval. Any notice from the Council shall inform the\nTribes of any meeting or hearing that is to be held under Section 6.2\nand invite them to attend. The Parties and the Council shall consider\nthe comments received under this Section before approving, approving\nwith modifications or disapproving any Proposal subject to Council or\nRegional Review.\n  3. In addition to the specific consultation mechanisms described\nabove, the Council shall seek to establish mutually agreed upon\nmechanisms or processes to facilitate dialogue with, and input from\nfederally recognized Tribes on matters to be dealt with by the Council;\nand, the Council shall seek to establish mechanisms and processes with\nfederally recognized Tribes designed to facilitate on-going scientific\nand technical interaction and data exchange regarding matters falling\nwithin the scope of this Compact. This may include participation of\ntribal representatives on advisory committees established under this\nCompact or such other processes that are mutually-agreed upon with\nfederally recognized Tribes individually or through duly-authorized\nintertribal agencies or bodies.\n                                ARTICLE 6\n                          PUBLIC PARTICIPATION\n  Section 6.1. Meetings, Public Hearings and Records.\n  1. The Parties recognize the importance and necessity of public\nparticipation in promoting management of the Water Resources of the\nBasin. Consequently, all meetings of the Council shall be open to the\npublic, except with respect to issues of personnel.\n  2. The minutes of the Council shall be a public record open to\ninspection at its offices during regular business hours.\n  Section 6.2. Public Participation.\n  It is the intent of the Council to conduct public participation\nprocesses concurrently and jointly with processes undertaken by the\nParties and through Regional Review. To ensure adequate public\nparticipation, each Party or the Council shall ensure procedures for the\nreview of Proposals subject to the Standard of Review and Decision\nconsistent with the following requirements:\n  1. Provide public notification of receipt of all Applications and a\nreasonable opportunity for the public to submit comments before\nApplications are acted upon.\n  2. Assure public accessibility to all documents relevant to an\nApplication, including public comment received.\n  3. Provide guidance on standards for determining whether to conduct a\npublic meeting(s) or hearing(s) for an Application, time and place of\nsuch a meeting or hearing, and procedures for conducting of the same.\n  4. Provide the record of decision for public inspection including\ncomments, objections, responses and approvals, approvals with conditions\nand disapprovals.\n                                ARTICLE 7\n                   DISPUTE RESOLUTION AND ENFORCEMENT\n  Section 7.1. Good Faith Implementation.\n  Each of the Parties pledges to support implementation of all\nprovisions of this Compact, and covenants that its officers and agencies\nshall not hinder, impair, or prevent any other Party carrying out any\nprovision of this Compact.\n  Section 7.2. Alternative Dispute Resolution.\n  1. Desiring that this Compact be carried out in full, the Parties\nagree that disputes between the Parties regarding interpretation,\napplication and implementation of this Compact shall be settled by\nalternative dispute resolution.\n  2. The Council, in consultation with the Provinces, shall provide by\nrule procedures for the resolution of disputes pursuant to this section.\n  Section 7.3. Enforcement.\n  1. Any Person aggrieved by any action taken by the Council pursuant to\nthe authorities contained in this Compact shall be entitled to a hearing\nbefore the Council. Any Person aggrieved by a Party action shall be\nentitled to a hearing pursuant to the relevant Party's administrative\nprocedures and laws. After exhaustion of such administrative remedies,\n(i) any aggrieved Person shall have the right to judicial review of a\nCouncil action in the United States District Courts for the District of\nColumbia or the District Court in which the Council maintains offices,\nprovided such action is commenced within 90 days; and, (ii) any\naggrieved Person shall have the right to judicial review of a Party's\naction in the relevant Party's court of competent jurisdiction, provided\nthat an action or proceeding for such review is commenced within the\ntime frames provided for by the Party's law. For the purposes of this\nParagraph, a State or Province is deemed to be an aggrieved Person with\nrespect to any Party action pursuant to this Compact.\n  2. a. Any Party or the Council may initiate actions to compel\ncompliance with the provisions of this Compact, and the rules and\nregulations promulgated hereunder by the Council. Jurisdiction over such\nactions is granted to the court of the relevant Party, as well as the\nUnited States District Courts for the District of Columbia and the\nDistrict Court in which the Council maintains offices. The remedies\navailable to any such court shall include, but not be limited to,\nequitable relief and civil penalties.\n  b. Each Party may issue orders within its respective jurisdiction and\nmay initiate actions to compel compliance with the provisions of its\nrespective statutes and regulations adopted to implement the authorities\ncontemplated by this Compact in accordance with the provisions of the\nlaws adopted in each Party's jurisdiction.\n  3. Any aggrieved Person, Party or the Council may commence a civil\naction in the relevant Party's courts and administrative systems to\ncompel any Person to comply with this Compact should any such Person,\nwithout approval having been given, undertake a New or Increased\nWithdrawal, Consumptive Use or Diversion that is prohibited or subject\nto approval pursuant to this Compact.\n  a. No action under this subsection may be commenced if:\n  i. The Originating Party or Council approval for the New or Increased\nWithdrawal, Consumptive Use or Diversion has been granted; or,\n  ii. The Originating Party or Council has found that the New or\nIncreased Withdrawal, Consumptive Use or Diversion is not subject to\napproval pursuant to this Compact.\n  b. No action under this subsection may be commenced unless:\n  i. A Person commencing such action has first given 60 days prior\nnotice to the Originating Party, the Council and Person alleged to be in\nnoncompliance; and,\n  ii. Neither the Originating Party nor the Council has commenced and is\ndiligently prosecuting appropriate enforcement actions to compel\ncompliance with this Compact.\n  The available remedies shall include equitable relief, and the\nprevailing or substantially prevailing party may recover the costs of\nlitigation, including reasonable attorney and expert witness fees,\nwhenever the court determines that such an award is appropriate.\n  4. Each of the Parties may adopt provisions providing additional\nenforcement mechanisms and remedies including equitable relief and civil\npenalties applicable within its jurisdiction to assist in the\nimplementation of this Compact.\n                                ARTICLE 8\n                          ADDITIONAL PROVISIONS\n  Section 8.1. Effect on Existing Rights.\n  1. Nothing in this Compact shall be construed to affect, limit,\ndiminish or impair any rights validly established and existing as of the\neffective date of this Compact under State or federal law governing the\nWithdrawal of Waters of the Basin.\n  2. Nothing contained in this Compact shall be construed as affecting\nor intending to affect or in any way to interfere with the law of the\nrespective Parties relating to common law Water rights.\n  3. Nothing in this Compact is intended to abrogate or derogate from\ntreaty rights or rights held by any Tribe recognized by the federal\ngovernment of the United States based upon its status as a Tribe\nrecognized by the federal government of the United States.\n  4. An approval by a Party or the Council under this Compact does not\ngive any property rights, nor any exclusive privileges, nor shall it be\nconstrued to grant or confer any right, title, easement, or interest in,\nto or over any land belonging to or held in trust by a Party; neither\ndoes it authorize any injury to private property or invasion of private\nrights, nor infringement of federal, State or local laws or regulations;\nnor does it obviate the necessity of obtaining federal assent when\nnecessary.\n  Section 8.2. Relationship to Agreements Concluded by the United States\nof America.\n  1. Nothing in this Compact is intended to provide nor shall be\nconstrued to provide, directly or indirectly, to any Person any right,\nclaim or remedy under any treaty or international agreement nor is it\nintended to derogate any right, claim, or remedy that already exists\nunder any treaty or international agreement.\n  2. Nothing in this Compact is intended to infringe nor shall be\nconstrued to infringe upon the treaty power of the United States of\nAmerica, nor shall any term hereof be construed to alter or amend any\ntreaty or term thereof that has been or may hereafter be executed by the\nUnited States of America.\n  3. Nothing in this Compact is intended to affect nor shall be\nconstrued to affect the application of the Boundary Waters Treaty of\n1909 whose requirements continue to apply in addition to the\nrequirements of this Compact.\n  Section 8.3. Confidentiality.\n  1. Nothing in this Compact requires a Party to breach confidentiality\nobligations or requirements prohibiting disclosure, or to compromise\nsecurity of commercially sensitive or proprietary information.\n  2. A Party may take measures, including but not limited to deletion\nand redaction, deemed necessary to protect any confidential, proprietary\nor commercially sensitive information when distributing information to\nother Parties. The Party shall summarize or paraphrase any such\ninformation in a manner sufficient for the Council to exercise its\nauthorities contained in this Compact.\n  Section 8.4. Additional Laws.\n  Nothing in this Compact shall be construed to repeal, modify or\nqualify the authority of any Party to enact any legislation or enforce\nany additional conditions and restrictions regarding the management and\nregulation of Waters within its jurisdiction.\n  Section 8.5. Amendments and Supplements.\n  The provisions of this Compact shall remain in full force and effect\nuntil amended by action of the governing bodies of the Parties and\nconsented to and approved by any other necessary authority in the same\nmanner as this Compact is required to be ratified to become effective.\n  Section 8.6. Severability.\n  Should a court of competent jurisdiction hold any part of this Compact\nto be void or unenforceable, it shall be considered severable from those\nportions of the Compact capable of continued implementation in the\nabsence of the voided provisions. All other provisions capable of\ncontinued implementation shall continue in full force and effect.\n  Section 8.7. Duration of Compact and Termination.\n  Once effective, the Compact shall continue in force and remain binding\nupon each and every Party unless terminated.\n  This Compact may be terminated at any time by a majority vote of the\nParties. In the event of such termination, all rights established under\nit shall continue unimpaired.\n                                ARTICLE 9\n                              EFFECTUATION\n  Section 9.1. Repealer.\n  All acts and parts of acts inconsistent with this act are to the\nextent of such inconsistency hereby repealed.\n  Section 9.2. Effectuation by Chief Executive.\n  The Governor is authorized to take such action as may be necessary and\nproper in his or her discretion to effectuate the Compact and the\ninitial organization and operation thereunder.\n  Section 9.3. Entire Agreement.\n  The parties consider this Compact to be complete and an integral\nwhole.  Each provision of this Compact is considered material to the\nentire Compact, and failure to implement or adhere to any provision may\nbe considered a material breach. Unless otherwise noted in this Compact,\nany change or amendment made to the Compact by any Party in its\nimplementing legislation or by the U.S. Congress when giving its consent\nto this Compact is not considered effective unless concurred in by all\nParties.\n  Section 9.4. Effective Date and Execution.\n  This Compact shall become binding and effective when ratified through\nconcurring legislation by the states of Illinois, Indiana, Michigan,\nMinnesota, New York, Ohio and Wisconsin and the Commonwealth of\nPennsylvania and consented to by the Congress of the United States. This\nCompact shall be signed and sealed in nine identical original copies by\nthe respective chief executives of the signatory Parties. One such copy\nshall be filed with the Secretary of State of each of the signatory\nParties or in accordance with the laws of the state in which the filing\nis made, and one copy shall be filed and retained in the archives of the\nCouncil upon its organization. The signatures shall be affixed and\nattested under the following form:\n  In Witness Whereof, and in evidence of the adoption and enactment into\nlaw of this Compact by the legislatures of the signatory parties and\nconsent by the Congress of the United States, the respective Governors\ndo hereby, in accordance with the authority conferred by law, sign this\nCompact in nine duplicate original copies, attested by the respective\nSecretaries of State, and have caused the seals of the respective states\nto be hereunto affixed this____ day of (month), (year)\n
N.Y. PBA Law § 1942 — New York Code / Act PBA / Article 8 / Title 10-B / Section 1942
Upper Mohawk Valley memorial auditorium authority
Status: in_force

§ 1942. Upper Mohawk Valley memorial auditorium authority. 1. A public\ncorporation, to be known as the "Upper Mohawk Valley memorial auditorium\nauthority" is hereby created for the public purposes and charged with\nthe duties and having the powers provided in this title. The authority\nshall be a body corporate and politic constituting a public benefit\ncorporation. The governing body of the authority shall consist of a\ntotal of seven members until January thirty-first, two thousand\nnineteen, three of whom shall be appointed by the county executive,\nwithout confirmation of the county legislature, and four of whom shall\nbe appointed by the county legislature, without county executive right\nto veto. The first members appointed by the county executive shall be\nappointed for the following terms of office: one for a term ending on\nDecember thirty-first of the first year following the year in which this\ntitle shall have become law, one for a term ending on December\nthirty-first of the third year following the year in which this title\nshall have become law and one for a term ending on December thirty-first\nof the fifth year following the year in which this title shall have\nbecome law. The first members appointed by the county legislature shall\nbe appointed for the following terms of office: one for a term ending on\nDecember thirty-first of the first year following the year in which this\ntitle shall have become law, one for a term ending on December\nthirty-first of the third year following the year in which this title\nshall have become law, and two for a term ending on December\nthirty-first of the fifth year following the year in which this title\nshall have become law. Commencing February first, two thousand nineteen,\nthe governing body of the authority shall consist of a total of nine\nmembers, five of whom shall be appointed by the county executive,\nwithout confirmation of the county legislature, and four of whom shall\nbe appointed by the county legislature, without county executive right\nto veto. The seven members appointed to the board prior to February\nfirst, two thousand nineteen, shall continue their existing five year\nterms pursuant to this section. The fourth member appointed by the\ncounty executive shall be for a term ending on December thirty-first,\ntwo thousand twenty-one. The fifth member appointed by the county\nexecutive shall be for a term ending on December thirty-first, two\nthousand twenty-two. Subsequent appointments of members shall be made\nfor a term of five years ending in each case on December thirty-first of\nthe last year of such term. All members shall continue to hold office\nuntil their successors are appointed and qualify. Vacancies shall be\nfilled in the manner provided for original appointment. Vacancies,\noccurring otherwise than by expiration of term of office, shall be\nfilled by appointment for the unexpired terms. Members may be removed\nfrom office by the party which appointed such member for inefficiency,\nneglect of duty or misconduct in office; provided, however, that such\nmember shall be given a copy of the charges against him or her and an\nopportunity of being heard in person, or by counsel, in his or her\ndefense upon not less than ten days notice. The members of the authority\nshall receive no compensation for their services, but shall be\nreimbursed for their actual and necessary expenses incurred in\nconnection with the carrying out of the purposes of this title;\nprovided, however, that no member shall be reimbursed for any expense\nexceeding one thousand dollars incurred with respect to any individual\npurpose unless the governing body at a meeting duly called and held when\na quorum of five members are present shall have authorized the\nincurrence of such expense by such member. The powers of the authority\nshall be vested in and be exercised by the governing body at a meeting\nduly called and held where a quorum of five members are present. No\naction shall be taken except pursuant to the favorable vote of at least\nfive voting members. All votes must be made in person at a meeting and\nno vote may be made by proxy. The governing body may delegate to one or\nmore of its members, officers, agents or employees such powers and\nduties as it may deem proper.\n  2. The officers of the authority shall consist of a chair, a\nvice-chair, a treasurer and a secretary, which secretary need not be a\nmember of the authority. Such officers shall be appointed by the\ngoverning body and shall serve in such capacities at the pleasure of the\ngoverning body. In addition to the secretary, the governing body may\nappoint and at pleasure remove such additional officers and employees as\nit may determine necessary for the performance of the powers and duties\nof the authority and fix and determine their qualifications, duties and\ncompensation, subject to the provisions of the civil service law. The\ngoverning body may also from time to time contract for expert\nprofessional services. The members, officers, executive director, if\nany, comptroller, if any, and counsel, if any, shall be an exempt\nposition under any rule or classification of the civil service\ncommission. The treasurer shall execute a bond, conditioned upon the\nfaithful performance of the duties of his or her office, the amount and\nsufficiency of which shall be approved by the governing body and the\npremium therefor shall be paid by the authority.\n  3. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any municipality or any public corporation shall\nforfeit his or her office or employment by reason of his or her\nacceptance of appointment as a member, officer or employee of the\nauthority, nor shall service as such member, officer or employee be\ndeemed incompatible or in conflict with such office, membership or\nemployment.\n  4. (a) The county executive shall file on or before December\nthirty-first of the year in which this title shall have become a law, in\nthe office of the secretary of state, a certificate signed by the county\nexecutive setting forth: (l) the name of the authority; (2) the names of\nthe members appointed by the county executive and the county legislature\nand their terms of office; and (3) the effective date of this title. If\nsuch certificate is not filed with the secretary of state on or before\nsuch date, then the corporate existence of the authority shall thereupon\nterminate and it shall thereupon be deemed to be and shall be dissolved.\n  (b) Except as provided in paragraph (a) of this subdivision, the\nauthority and its corporate existence shall continue until terminated by\nlaw, provided, however, that no such law shall take effect so long as\nthe authority shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the authority, all of the\nrights and properties of the authority then remaining shall pass to and\nvest in the county in such a manner as prescribed by law.\n  5. It is hereby determined and declared, that the authority and the\ncarrying out of its powers and duties are in all respects for the\nbenefit of the people within the service area and the state for the\nimprovement of their health, welfare and prosperity and that such\npurposes are public purposes and that the authority is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title.\n  6. Nothing in this title shall be construed to obligate the state in\nany way in connection with the operations or obligations of the\nauthority.\n
N.Y. PBA Law § 1226-T — New York Code / Act PBA / Article 5 / Title 10 / Section 1226-T
Contracts
Status: in_force

§ 1226-t. Contracts. All contracts for construction shall be let by\nthe authority in conformity with the applicable provisions of section\none hundred thirty-five of the state finance law and shall be let in\naccordance with the provisions of state law pertaining to prevailing\nwages, labor standards and working hours.\n  The authority may, in its discretion, assign contracts for supervision\nand coordination to the successful bidder for any subdivision of work\nfor which the authority receives bids. The authority shall not award any\nconstruction contract except to the lowest bidder who, in its opinion,\nis qualified to perform the work required and who is responsible and\nreliable. The authority may, however, reject any or all bids or waive\nany informality in a bid if it believes that the public interest will be\npromoted thereby. The authority may reject any bid if, in its judgment,\nthe business and technical organization, plant, resources, financial\nstanding, or experience of the bidder justifies such rejection in view\nof the work to be performed.\n
N.Y. RSS Law § 381-B — New York Code / Act RSS / Article 8 / Title 10 / Section 381-B
Retirement of members or officers of the state police; twenty year retirement plan
Status: in_force

§ 381-b. Retirement of members or officers of the state police; twenty\nyear retirement plan.  a. Membership. Every member or officer of the\ndivision of state police in the executive department who enters or\nre-enters service in the division on or after April first, nineteen\nhundred sixty-nine, and every investigator or sworn officer employed by\nthe commission created by section six of chapter eight hundred\neighty-two of the laws of nineteen hundred fifty-three, constituting the\nwaterfront commission act, as amended, on or after July first, two\nthousand twenty-three, and every investigator or sworn officer employed\nby the New York Waterfront Commission in the executive department shall\nbe covered by the provisions of this section, and every member or\nofficer of the division of state police in the executive department in\nsuch service on such date may elect to be covered by the provisions of\nthis section by filing an election therefor with the comptroller on or\nbefore March thirty-first, nineteen hundred seventy-two. To be\neffective, such election must be duly executed and acknowledged on a\nform prepared by the comptroller for that purpose.\n  b. Retirement allowance. A member, covered by the provisions of this\nsection at the time of retirement, shall be entitled to retire upon\ncompletion of twenty years of total creditable service in such division,\nand shall retire upon the attainment of the mandatory retirement age\nprescribed by this section, by filing an application therefor in a\nmanner similar to that provided in section three hundred seventy of this\narticle.\n  (1) Upon completion of twenty years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity for such years of service as provided in paragraph four\nof this subdivision, shall be sufficient to provide him with a\nretirement allowance of one-half of his final average salary.\n  (2) Upon completion of more than twenty years of such service and upon\nretirement, each such member shall receive, for each year of service in\nexcess of twenty, an additional pension which, together with an annuity\nfor each such year as provided in paragraph four of this subdivision,\nshall be equal to one-sixtieth of his final average salary, provided,\nhowever, that the pension payable pursuant to this section shall not\nexceed three-quarters of final average salary.\n  (3) Upon attainment of the mandatory retirement age without completion\nof twenty years of such service, each such member shall receive a\npension which, together with an annuity for such years of service as\nprovided in paragraph four of this subdivision, shall be equal to\none-fortieth of his final average salary for each year of creditable\nservice in such division. Every such member shall also be entitled to an\nadditional pension equal to the pension for any creditable service\nrendered while not an employee of the division as provided under\nparagraphs three and four of subdivision a of section three hundred\nseventy-five of this article. This latter pension shall not increase the\ntotal allowance to more than one-half of his final average salary.\n  (4) The annuity provided under paragraphs one, two and three of this\nsubdivision shall be the actuarial equivalent, at the time of\nretirement, of the member's accumulated contributions based upon the\nrate of contribution fixed under the provisions of subdivision c of\nsection three hundred eighty-one-a of this article and upon the salaries\nearned while in such service rendered after April sixteenth, nineteen\nhundred thirty-eight and prior to April first, nineteen hundred sixty.\nSuch annuity shall be computed as it would be if it were not reduced by\nthe actuarial equivalent of any outstanding loan nor by reason of the\nmember's election to decrease his contributions toward retirement in\norder to apply the resulting amount toward payment of contributions for\nold age and survivor's insurance. Any accumulated contributions in\nexcess of the amount required to provide the annuity computed pursuant\nto this paragraph shall be used to increase the member's retirement\nallowance.\n  (5) Notwithstanding the provisions of this subdivision, members\ntransferred to the division of state police pursuant to a chapter of the\nlaws of nineteen hundred ninety-seven, upon retirement shall receive\neither the allowances provided by this subdivision or those provided\nunder the retirement system to which they participated prior to such\ntransfer whichever allowance shall be the higher.\n  c. Credit for previous police service.  (1) Police service. In\ncomputing the years of total creditable service in such division, full\ncredit shall be given and full allowance shall be made:\n  (i) for service rendered as a police officer or member of a police\nforce or department of a state park authority or commission or an\norganized police force or department of a county, city, town, village,\npolice district, authority or other participating employer or member of\nthe capital police force in the office of general services while a\nmember of the New York state and local police and fire retirement\nsystem, of the New York state and local employees' retirement system or\nof the New York city police pension fund;\n  (ii) for service rendered as an investigator or sworn officer of the\nwaterfront commission of New York harbor, for service rendered as an\ninvestigator or sworn officer of the New York Waterfront Commission, for\nservice rendered as an investigator-trainee of the waterfront commission\nof New York harbor, and for service rendered as an investigator-trainee\nof the New York Waterfront Commission, that was creditable under\nsubdivision w of section three hundred eighty-four-d of this article;\nand\n  (iii) for all service for which full credit has been given and full\nallowance made pursuant to the provisions of section three hundred\nseventy-five-h of this chapter provided, however, that full credit\npursuant to the provisions of such section shall mean only such service\nas would be creditable service pursuant to the provisions of section\nthree hundred eighty-three or section three hundred eighty-three-a or\nthree hundred eighty-three-b enacted by chapter six hundred\nseventy-seven of the laws of nineteen hundred eighty-six of this chapter\nor pursuant to the provisions of title thirteen of the administrative\ncode of the city of New York for any member contributing pursuant to\nthis section who transferred to the division of state police.\n  (2) State university police officer service. Upon completion of more\nthan twenty years of service, and upon retirement, each such member who\nwas previously credited with service credit in the New York state and\nlocal employees' retirement system or the New York state and local\npolice and fire retirement system as an officer appointed by the state\nuniversity pursuant to paragraph l of subdivision two of section three\nhundred fifty-five of the education law and who has successfully\ncompleted a course of law enforcement training as provided in such\nsection of the education law or for any such officer who retires on and\nafter January first, two thousand eighteen who has successfully\ncompleted such course of law enforcement training within two years of\nhis or her date of appointment shall receive for each such year of\nprevious service, up to a total of no greater than five years of\nprevious service, additional service credit equal to one-sixtieth of his\nor her final average salary.\n  d. Retirement for cause. Upon receipt of a certificate of the\nsuperintendent of state police, pursuant to section two hundred\ntwenty-nine of the executive law, a member who has accrued twenty-five\nor more years of service credit under this section shall be retired on\nthe first day of the second month next succeeding the date such\ncertificate was filed with the comptroller.\n  e. Mandatory retirement. A member subject to the provisions of this\nsection shall be retired on December thirty-first of the year in which\nsuch member attains sixty-three years of age.\n  Notwithstanding the foregoing, any member in service in the division\non August fifteenth, two thousand seven, and who on that date was\nentitled to receive retirement benefits on the thirty-first day of\nDecember in the year in which such member attained fifty-seven years of\nage as provided in paragraph three of subdivision b of this section, may\nelect to retain such entitlement, provided the member remains in service\non the thirtieth day of December in the year in which such member\nattains fifty-seven years of age, and any member in service in the\ndivision on August thirty-first, two thousand twenty-five, and who on\nthat date was entitled to receive retirement benefits on the\nthirty-first day of December in the year in which such member attained\nsixty years of age as provided in paragraph three of subdivision b of\nthis section, may elect to retain such entitlement, provided the member\nremains in service on the thirtieth day of December in the year in which\nsuch member attains sixty years of age. The provisions of this\nsubdivision shall not apply to the superintendent.\n  f. Credit for military service. In computing the years of total\ncreditable service in the division of state police full credit shall be\ngiven and full allowance shall be made for service of such member in war\nafter world war I as defined in section three hundred two of this\narticle, provided such member at the time of his entrance into the armed\nforces was in police service as defined in subdivision eleven of section\nthree hundred two of this article.\n  g. Transfer of membership to employees' retirement system. Any member\ncurrently enrolled pursuant to this section and who previously\ntransferred service credit from the New York state and local employees'\nretirement system to the New York state and local police and fire\nretirement system, may elect to transfer such previously transferred\nservice credit back to the New York state and local employees'\nretirement system, and such member shall have the option to\nretroactively transfer his or her membership into such employees'\nretirement system.\n
N.Y. SOS Law § 358-A — New York Code / Act SOS / Article 5 / Title 10 / Section 358-A
Dependent children in foster care
Status: in_force

§ 358-a. Dependent children in foster care. (1) Initiation of judicial\nproceeding. (a) A social services official who accepts or proposes to\naccept the custody and guardianship of a child by means of an instrument\nexecuted pursuant to the provisions of section three hundred eighty-four\nof this chapter, or the care and custody of a child as a public charge\nby means of an instrument executed pursuant to the provisions of section\nthree hundred eighty-four-a of this chapter, shall determine whether\nsuch child is likely to remain in the care of such official for a period\nin excess of thirty consecutive days. If such official determines that\nthe child is likely to remain in care for a period in excess of thirty\nconsecutive days, such official shall petition the family court judge of\nthe county or city in which the social services official has his or her\noffice, to approve such instrument upon a determination that the\nplacement of the child is in the best interest of the child, that it\nwould be contrary to the welfare of the child to continue in his or her\nown home and, that where appropriate, reasonable efforts were made prior\nto the placement of the child into foster care to prevent or eliminate\nthe need for removal of the child from his or her home and that prior to\nthe initiation of the court proceeding required to be held by this\nsubdivision, reasonable efforts were made to make it possible for the\nchild to return safely home. In the case of a child whose care and\ncustody have been transferred to a social services official by means of\nan instrument executed pursuant to the provisions of section three\nhundred eighty-four-a of this chapter, approval of the instrument shall\nonly be made upon an additional determination that all of the\nrequirements of such section have been satisfied.\n  * (b) The social services official shall initiate the proceeding by\nfiling the petition as soon as practicable, but in no event later than\nthirty days following removal of the child from the home provided,\nhowever, that the court shall receive, hear and determine petitions\nfiled later than thirty days following removal of the child from his or\nher home, but state reimbursement shall not be available to the social\nservices district for care and maintenance provided to such child. The\nsocial services official shall diligently pursue such proceeding. Where\nthe care and custody of a child as a public charge has been transferred\nto a social services official by means of an instrument executed\npursuant to the provisions of section three hundred eighty-four-a of\nthis chapter for a period of thirty days or less for an indeterminate\nperiod which such official deems unlikely to exceed thirty days, and\nthereafter such official determines that such child will remain in his\nor her care and custody for a period in excess of thirty days, such\nofficial shall, as soon as practicable but in no event later than thirty\ndays following such determination, execute with the child's parent,\nparents or guardian a new instrument pursuant to the provision of\nsection three hundred eighty-four or three hundred eighty-four-a of this\nchapter and shall file a petition in family court, pursuant to this\nsection, for approval of such instrument. In such cases involving a\nsocial services official, expenditures for the care and maintenance of\nsuch child from the date of the initial transfer of his care and custody\nto the social services official shall be subject to state reimbursement.\n  * NB Effective until June 30, 2027\n  * (b) The social services official shall initiate the proceeding by\nfiling the petition as soon as practicable, but in no event later than\nthirty days following removal of the child from the home provided,\nhowever, that the court shall receive, hear and determine petitions\nfiled later than thirty days following removal of the child from his or\nher home, but state reimbursement to the social services district for\ncare and maintenance provided to such child shall be denied pursuant to\nsection one hundred fifty-three-d of this chapter. The social services\nofficial shall diligently pursue such proceeding. Where the care and\ncustody of a child as a public charge has been transferred to a social\nservices official by means of an instrument executed pursuant to the\nprovisions of section three hundred eighty-four-a of this chapter for a\nperiod of thirty days or less for an indeterminate period which such\nofficial deems unlikely to exceed thirty days, and thereafter such\nofficial determines that such child will remain in his or her care and\ncustody for a period in excess of thirty days, such official shall, as\nsoon as practicable but in no event later than thirty days following\nsuch determination, execute with the child's parent, parents or guardian\na new instrument pursuant to the provision of section three hundred\neighty-four or three hundred eighty-four-a of this chapter and shall\nfile a petition in family court, pursuant to this section, for approval\nof such instrument. In such cases involving a social services official,\nexpenditures for the care and maintenance of such child from the date of\nthe initial transfer of his care and custody to the social services\nofficial shall be subject to state reimbursement, notwithstanding the\nprovisions of section one hundred fifty-three-d of this chapter.\n  * NB Effective June 30, 2027\n  (2) Contents of petition. (a) Any petition required or authorized\npursuant to subdivision one of this section shall allege whether the\nparent, parents or guardian executed the instrument because the parent,\nparents or guardian would be unable to make adequate provision for the\ncare, maintenance and supervision of such child in his or their own\nhome, and shall include facts supporting the petition. The petition\nshall contain a notice in conspicuous print providing that if the child\nremains in foster care for fifteen of the most recent twenty-two months,\nthe agency may be required by law to file a petition to terminate\nparental rights. The petition shall also set forth the names and last\nknown addresses of all persons required to be given notice of the\nproceeding, pursuant to this section and section three hundred\neighty-four-c of this chapter, and there shall be shown by the petition\nor by affidavit or other proof satisfactory to the court that there are\nno persons other than those set forth in the petition who are entitled\nto notice pursuant to the provisions of this section or of section three\nhundred eighty-four-c of this chapter. The petition shall also set forth\nthe efforts which were made, prior to the placement of the child into\nfoster care, to prevent or eliminate the need for removal of the child\nfrom his or her home and the efforts which were made prior to the filing\nof the petition to make it possible for the child to return safely home.\nIf such efforts were not made, the petition shall set forth the reasons\nwhy these efforts were not made. The petition shall request that,\npending any hearing which may be required by the family court judge, a\ntemporary order be made transferring the care and custody of the child\nto the social services official in accordance with the provisions of\nsubdivision three of this section. In the case of a child whose care and\ncustody have been transferred to a social services official by means of\nan instrument executed pursuant to section three hundred eighty-four-a\nof this chapter, the petition shall also allege and there shall be shown\nby affidavit or other proof satisfactory to the court that all the\nrequirements of such section have been satisfied, including the results\nof the investigation to locate relatives of the child, including any\nnon-respondent parent and all of the child's grandparents. Such results\nshall include whether any relative who has been located expressed an\ninterest in becoming a foster parent for the child or in seeking custody\nor care of the child.\n  (b) The social services official who initiated the proceeding shall\nfile supplemental information with the clerk of the court not later than\nten days prior to the date on which the proceeding is first heard by the\ncourt. Such information shall include relevant portions, as determined\nby the department, of the assessment of the child and his family\ncircumstances performed and maintained, and the family's service plan if\navailable, pursuant to sections four hundred nine-e and four hundred\nnine-f of this chapter. Copies of such supplemental information need not\nbe served upon those persons entitled to notice of the proceeding and a\ncopy of the petition pursuant to subdivision four of this section.\n  (2-a) Continuing jurisdiction. (a) The court shall possess continuing\njurisdiction over the parties until the child is discharged from\nplacement and all orders regarding supervision, protection or services\nhave expired.\n  (b) The court, upon approving an instrument under this section, shall\nschedule a permanency hearing pursuant to article ten-A of the family\ncourt act for a date certain not more than eight months after the\nplacement of the child into foster care. Such date certain shall be\nincluded in the order approving the instrument.\n  (c) (i) Subject to the provisions of subparagraph (ii) of this\nparagraph, the court shall also maintain jurisdiction over a case for\nthe purposes of hearing and deciding a motion brought by a former foster\ncare youth, as defined in article ten-B of the family court act, or by a\nyoung adult who left foster care upon or after attaining the age of\ntwenty-one, for contempt pursuant to section seven hundred fifty-three\nof the judiciary law against a social services district and/or social\nservices official, as defined by section two of this chapter. In\naddition to any other defense, it shall be an affirmative defense to a\nmotion filed in accordance with this paragraph that compliance with the\ncourt order was not possible due solely to the youth's refusal to\nconsent to continuation of foster care placement where such refusal is\ndocumented in a signed, notarized letter executed by the youth after\nconsultation with their attorney for the child.\n  (ii) The court shall maintain jurisdiction over a motion described in\nsubparagraph (i) of this paragraph if such motion is filed before the\nformer foster care youth or young adult attains the age of twenty-three.\nThe court's jurisdiction over any such motion shall continue until such\nmotion and any related appeals are finally resolved.\n  (iii) If the youth is eligible to return to foster care pursuant to\nthe provisions of article ten-B of the family court act, upon the\nconsent of the youth, the court may convert a motion brought under this\nparagraph to a motion to return the youth to foster care.\n  (3) Disposition of petition. (a) If the court is satisfied that the\nparent, parents or guardian executed such instrument knowingly and\nvoluntarily and because he or she would be unable to make adequate\nprovision for the care, maintenance and supervision of such child in his\nor her home, and that the requirements of section three hundred\neighty-four-a of this chapter, if applicable, have been satisfied and\nthat where appropriate, reasonable efforts were made prior to the\nplacement of the child into foster care to prevent or eliminate the need\nfor removal of the child from his or her home and that prior to the\ninitiation of the court proceeding required to be held by subdivision\none of this section, reasonable efforts were made to make it possible\nfor the child to return safely to his or her home, the court may find\nand determine that the best interests and welfare of the child would be\npromoted by removal of the child from such home, and that it would be\ncontrary to the welfare of such child for the child to continue in such\nhome, and the court shall thereupon grant the petition and approve such\ninstrument and the transfer of the custody and guardianship or care and\ncustody of such child to such social services official in accordance\ntherewith. If the court determines that, where appropriate, reasonable\nefforts were made prior to the placement of the child into foster care\nto prevent or eliminate the need for removal of the child from his or\nher home, that prior to the initiation of the court proceeding\nreasonable efforts were made to make it possible for the child to return\nsafely to his or her home, or that it would be contrary to the best\ninterests of the child to continue in the home, or that reasonable\nefforts to prevent or eliminate the need for removal of the child from\nthe home were not made but that the lack of such efforts was appropriate\nunder the circumstances, the court order shall include such findings.\nApproval of such instrument in a proceeding pursuant to this section\nshall not constitute a remand or commitment pursuant to this chapter and\nshall not preclude challenge in any other proceeding to the validity of\nthe instrument. If the permanency plan for the child is adoption,\nguardianship, permanent placement with a fit and willing relative or\nanother planned permanent living arrangement other than reunification\nwith the parent or parents of the child, the court must consider and\ndetermine in its order whether reasonable efforts are being made to make\nand finalize such alternate permanent placement.\n  (b) For the purpose of this section, reasonable efforts to prevent or\neliminate the need for removing the child from the home of the child or\nto make it possible for the child to return safely to the home of the\nchild shall not be required where the court determines that:\n  (1) the parent of such child has subjected the child to aggravated\ncircumstances, as defined in subdivision twelve of this section;\n  (2) the parent of such child has been convicted of (i) murder in the\nfirst degree as defined in section 125.27 or murder in the second degree\nas defined in section 125.25 of the penal law and the victim was another\nchild of the parent; or (ii) manslaughter in the first degree as defined\nin section 125.20 or manslaughter in the second degree as defined in\nsection 125.15 of the penal law and the victim was another child of the\nparent, provided, however, that the parent must have acted voluntarily\nin committing such crime;\n  (3) the parent of such child has been convicted of an attempt to\ncommit any of the foregoing crimes, and the victim or intended victim\nwas the child or another child of the parent; or has been convicted of\ncriminal solicitation as defined in article one hundred, conspiracy as\ndefined in article one hundred five or criminal facilitation as defined\nin article one hundred fifteen of the penal law for conspiring,\nsoliciting or facilitating any of the foregoing crimes, and the victim\nor intended victim was the child or another child of the parent;\n  (4) the parent of such child has been convicted of assault in the\nsecond degree as defined in section 120.05, assault in the first degree\nas defined in section 120.10 or aggravated assault upon a person less\nthan eleven years old as defined in section 120.12 of the penal law, and\nthe commission of one of the foregoing crimes resulted in serious\nphysical injury to the child or another child of the parent;\n  (5) the parent of such child has been convicted in any other\njurisdiction of an offense which includes all of the essential elements\nof any crime specified in subparagraph two, three or four of this\nparagraph, and the victim of such offense was the child or another child\nof the parent; or\n  (6) the parental rights of the parent to a sibling of such child have\nbeen involuntarily terminated;\nunless the court determines that providing reasonable efforts would be\nin the best interests of the child, not contrary to the health and\nsafety of the child, and would likely result in the reunification of the\nparent and the child in the foreseeable future. The court shall state\nsuch findings in its order.\n  If the court determines that reasonable efforts are not required\nbecause of one of the grounds set forth above, a permanency hearing\nshall be held within thirty days of the finding of the court that such\nefforts are not required. Such hearing shall be conducted pursuant to\nsection one thousand eighty-nine of the family court act. The local\nsocial services official shall thereafter make reasonable efforts to\nplace the child in a timely manner and to complete whatever steps are\nnecessary to finalize the permanent placement of the child as set forth\nin the permanency plan approved by the court. If reasonable efforts are\ndetermined by the court not to be required because of one of the grounds\nset forth in this paragraph, the local social services official may file\na petition for termination of parental rights of the parent in\naccordance with section three hundred eighty-four-b of this chapter.\n  (c) For the purpose of this section, in determining reasonable efforts\nto be made with respect to a child, and in making such reasonable\nefforts, the child's health and safety shall be the paramount concern.\n  (d) For the purpose of this section, a sibling shall include a\nhalf-sibling.\n  (e) The order granting the petition of a social services official and\napproving an instrument executed pursuant to section three hundred\neighty-four-a of this chapter may include conditions, where appropriate\nand specified by the judge, requiring the implementation of a specific\nplan of action by the social services official to exercise diligent\nefforts toward the discharge of the child from care, either to his own\nfamily or to an adoptive home; provided, however, that such plan shall\nnot include the provision of any service or assistance to the child and\nhis or her family which is not authorized or required to be made\navailable pursuant to the comprehensive annual services program plan\nthen in effect. An order of placement shall include, at the least:\n  (i) a description of the visitation plan;\n  (ii) a direction that the respondent or respondents shall be notified\nof the planning conference or conferences to be held pursuant to\nsubdivision three of section four hundred nine-e of this chapter, of\ntheir right to attend the conference, and of their right to have counsel\nor other representative or companion with them;\n  A copy of the court's order and the service plan shall be given to the\nrespondent. The order shall also contain a notice that if the child\nremains in foster care for more than fifteen of the most recent\ntwenty-two months, the agency may be required by law to file a petition\nto terminate parental rights.\n  Nothing in such order shall preclude either party to the instrument\nfrom exercising its rights under this section or under any other\nprovision of law relating to the return of the care and custody of the\nchild by the social services official to the parent, parents or\nguardian. Violation of such on order shall be subject to punishment\npursuant to section seven hundred fifty-three of the judiciary law.\n  (f) For a child who has attained the age of fourteen, if the court\ngrants the petition and approves an instrument executed pursuant to\nsection three hundred eighty-four or three hundred eighty-four-a of this\nchapter and the transfer of custody and guardianship or care and custody\nof the child to a local social services official the court shall\ndetermine in its order the services and assistance needed to assist the\nchild in learning independent living skills.\n  (g) (i) In any case in which an order has been issued pursuant to this\nsection approving a foster care placement instrument, the social\nservices official or authorized agency charged with custody or care of\nthe child shall report the initial placement and any anticipated change\nin placement to the court and the attorneys for the parties, including\nthe attorney for the child, forthwith, but not later than one business\nday following either the decision to make the initial placement or to\nchange the placement or the actual date the initial placement or\nplacement change occurred, whichever is sooner. Such notice shall\nindicate the date that the placement change is anticipated to occur or\nthe date the placement change occurred, as applicable. Provided,\nhowever, if such notice lists an anticipated date for the initial\nplacement or placement change, the local social services district or\nauthorized agency shall subsequently notify the court and attorneys for\nthe parties, including the attorney for the child, of the date the\nplacement or placement change occurred; such notice shall occur no later\nthan one business day following the placement or placement change.\n  (ii) When a child whose legal custody was transferred to the\ncommissioner of a local social services district in accordance with this\nsection resides in a qualified residential treatment program, as defined\nin section four hundred nine-h of this chapter, and where such child's\ninitial placement or change in placement in such program commenced on or\nafter September twenty-ninth, two thousand twenty-one, upon receipt of\nnotice required pursuant to subparagraph (i) of this paragraph and\nmotion of the local social services district, the court shall schedule a\ncourt review to make an assessment and determination of such placement\nin accordance with section three hundred ninety-three of this chapter.\nNotwithstanding any other provision of law to the contrary, such court\nreview shall occur no later than sixty days from the date the placement\nof the child in the qualified residential treatment program commenced.\n  (4) Notice. (a) Upon the filing of a petition pursuant to this\nsection, the family court judge shall direct that service of a notice of\nthe proceeding and a copy of the petition shall be made upon such\npersons and in such manner as the judge may direct. If the instrument\nexecuted by the parent, parents or guardian of a child consents to the\njurisdiction of the family court over such proceeding, and waives\nservice of the petition and notice of proceeding, then the family court\njudge may, in his discretion, dispense with service upon the consenting\nparent, parents or guardian, provided, however, that a waiver of service\nof process and notice of the proceeding by a parent or guardian who has\ntransferred the care and custody of a child to an authorized agency,\npursuant to section three hundred eighty-four-a of this chapter, shall\nbe null and void and shall not be given effect by the court. Notice to\nany parent, parents or guardian who has not executed the instrument\nshall be required.\n  (b) In the event the family court judge determines that service by\npublication is necessary and orders service by publication, service\nshall be made in accordance with the provisions of rule three hundred\nsixteen of the civil practice law and rules, provided, however, that a\nsingle publication of the summons or other process with a notice as\nspecified herein in only one newspaper designated in the order shall be\nsufficient. In no event shall the whole petition be published. The\npetition shall be delivered to the person summoned at the first court\nappearance pursuant to section one hundred fifty-four-a of the family\ncourt act. The notice to be published with the summons or other process\nshall state the date, time, place and purpose of the proceeding.\n  (i) If the petition is initiated to transfer custody and guardianship\nof a child by an instrument executed pursuant to the provisions of\nsection three hundred eighty-four of this chapter, the notice to be\npublished shall also state that failure to appear may result, without\nfurther notice, in the transfer of custody and guardianship of the child\nto a social services official in this proceeding.\n  (ii) If the petition is initiated to transfer care and custody of a\nchild by an instrument executed pursuant to the provisions of section\nthree hundred eighty-four-a of this chapter, the notice to be published\nshall also state that failure to appear may result, without further\nnotice, in the transfer of care and custody of the child to a social\nservices official in this proceeding.\n  (5) Hearing and waiver. The instrument may include a consent by the\nparent, parents or guardian to waiver of any hearing and that a\ndetermination may be made by the family court judge based solely upon\nthe petition, and other papers and affidavits, if any, submitted to the\nfamily court judge, provided, however, that a waiver of hearing by a\nparent or guardian who has transferred the care and custody of a child\nto an authorized agency, pursuant to section three hundred eighty-four-a\nof this chapter, shall be effective only if such waiver was executed in\nan instrument separate from that transferring the child's care and\ncustody. In any case where an effective waiver has been executed, the\nfamily court judge may dispense with a hearing, approve the instrument\nand the transfer of the custody and guardianship or care and custody of\nthe child to the social services official and make the requisite\nfindings and determinations provided for in subdivision three of this\nsection, if it appears to the satisfaction of the family court judge\nthat the allegations in the petition are established sufficiently to\nwarrant the family court judge to grant such petition, to make such\nfindings and determination, and to issue such order.\n  In any case where a hearing is required, the family court judge, if\nthe holding of an immediate hearing on notice is impractical, may\nforthwith, upon the basis of the instrument and the allegations of the\npetition, make a temporary finding that the parent, parents, or guardian\nof the child are unable to make adequate provision for the care,\nmaintenance and supervision of such child in the child's own home and\nthat the best interest and welfare of the child will be promoted by the\nremoval of such child from such home and thereupon, the family court\njudge shall make a temporary order transferring the care and custody of\nsuch child to the social services official, and shall set the matter\ndown for hearing on the first feasible date.\n  (6) Representation. In any case where a hearing is directed by the\nfamily court judge, he or she shall, pursuant to section two hundred\nforty-nine of the family court act, appoint an attorney to represent the\nchild, who shall be admitted to practice law in the state of New York.\n  (7) Return of child. If an instrument provides for the return of the\ncare and custody of a child by the local social services official to the\nparent, parents or guardian upon any terms and conditions or at any\ntime, the local social services official shall comply with such terms of\nsuch instrument without further court order. Every order approving an\ninstrument providing for the transfer of the care and custody of a child\nto a local social services official shall be served upon the parent,\nparents or guardian who executed such instrument in such manner as the\nfamily court judge may provide in such order, together with a notice of\nthe terms and conditions under which the care and custody of such child\nmay be returned to the parent, parents or guardian. If an instrument\nprovides for the return of the care and custody of a child by the local\nsocial services official to the parent, parents or guardian without\nfixing a definite date for such return, or if the local social services\nofficial shall fail to return a child to the care and custody of the\nchild's parent, parents or guardian in accordance with the terms of the\ninstrument, the parent, parents or guardian may seek such care and\ncustody by motion for return of such child and order to show cause in\nsuch proceeding or by writ of habeas corpus in the supreme court.\nNothing in this subdivision shall limit the requirement for a permanency\nhearing pursuant to article ten-A of the family court act.\n  (8) Appealable orders. Any order of a family court denying any\npetition of a local social services official filed pursuant to this\nsection, or any order of a family court granting or denying any motion\nfiled by a parent, parents or guardian for return of a child pursuant to\nthis section, shall be deemed an order of disposition appealable\npursuant to article eleven of the family court act.\n  (9) Duty of social services official. In the event that a family court\njudge denies a petition of a social services official for approval of an\ninstrument, upon a finding that the welfare of the child would not be\npromoted by foster care, such social services official shall not accept\nor retain the care and custody as a public charge or custody and\nguardianship of such child, provided, however, that the denial by a\nfamily court judge of a petition of a social services official filed\npursuant to this section shall not limit or affect the duty of such\nsocial services official to take such other action or offer such\nservices as are authorized by law to promote the welfare and best\ninterests of the child.\n  (10) Visitation rights; non-custodial parents and grandparents. (a)\nWhere a social services official incorporates in an instrument\nvisitation rights set forth in an order, judgment or agreement as\ndescribed in paragraph (d) of subdivision two of section three hundred\neighty-four-a of this chapter, such official shall make inquiry of the\nstate central register of child abuse and maltreatment to determine\nwhether or not the person having such visitation rights is a subject or\nanother person named in an indicated report of child abuse or\nmaltreatment, as such terms are defined in section four hundred twelve\nof this chapter, and shall further ascertain, to the extent practicable,\nwhether or not such person is a respondent in a proceeding under article\nten of the family court act whereby the respondent has been alleged or\nadjudicated to have abused or neglected such child.\n  (b) Where a social services official or the attorney for the child\nopposes incorporation of an order, judgment or agreement conferring\nvisitation rights as provided for in paragraph (e) of subdivision two of\nsection three hundred eighty-four-a of this chapter, the social services\nofficial or attorney for the child shall apply for an order determining\nthat the provisions of such order, judgment or agreement should not be\nincorporated into the instrument executed pursuant to such section. Such\norder shall be granted upon a finding, based on competent, relevant and\nmaterial evidence, that the child's life or health would be endangered\nby incorporation and enforcement of visitation rights as described in\nsuch order, judgment or agreement. Otherwise, the court shall deny such\napplication.\n  (c) Where visitation rights pursuant to an order, judgment or\nagreement are incorporated in an instrument, the parties may agree to an\nalternative schedule of visitation equivalent to and consistent with the\noriginal or modified visitation order, judgment, or agreement where such\nalternative schedule reflects changed circumstances of the parties and\nis consistent with the best interests of the child. In the absence of\nsuch an agreement between the parties, the court may, in its discretion,\nupon application of any party or the child's attorney, order an\nalternative schedule of visitation, as described herein, where it\ndetermines that such schedule is necessary to facilitate visitation and\nto protect the best interests of the child.\n  (d) The order providing an alternative schedule of visitation shall\nremain in effect for the length of the placement of the child as\nprovided for in such instrument unless such order is subsequently\nmodified by the court for good cause shown. Whenever the court makes an\norder denying or modifying visitation rights pursuant to this\nsubdivision, the instrument described in section three hundred\neighty-four-a of this chapter shall be deemed amended accordingly.\n  (11) Siblings, placement and visitation. (a) In reviewing any petition\nbrought under this section, the court shall inquire if the social\nservices official has arranged for the placement of the child who is the\nsubject of the petition with any minor siblings or half-siblings who are\nplaced in care or, if such children have not been placed together,\nwhether such official has arranged for regular visitation and other\nforms of regular communication between such child and such siblings.\n  (b) If the court determines that the subject child has not been placed\nwith his or her minor siblings or half-siblings who are in care, or that\nregular visitation and other forms of regular communication between the\nsubject child and his or her minor siblings or half-siblings has not\nbeen provided or arranged for, the court may direct such official to\nprovide or arrange for such placement or regular visitation and\ncommunication where the court finds that such placement or visitation\nand communication is in the child's and his or her siblings' or\nhalf-siblings' best interests. Placement or regular visitation and\ncommunication with siblings or half-siblings shall be presumptively in\nthe child's and his or her siblings' or half-siblings' best interests\nunless such placement or visitation and communication would be contrary\nto the child's or his or her siblings' or half-siblings' health, safety\nor welfare, or the lack of geographic proximity precludes or prevents\nvisitation.\n  (c) If a child placed in foster care pursuant to this section is not\nplaced together or afforded regular communication with his or her\nsiblings, the child, through his or her attorney or through a parent on\nhis or her behalf, may move for an order regarding placement or\ncommunication. The motion shall be served upon: (i) the parent or\nparents in the proceeding under this section; (ii) the local social\nservices official having the care of the child; (iii) other persons\nhaving care, custody and control of the child, if any; (iv) the parents\nor other persons having care, custody and control of the siblings to be\nvisited or with whom contact is sought; (v) such sibling himself or\nherself if ten years of age or older; and (vi) such sibling's attorney,\nif any. Upon receipt of a motion filed under this paragraph the court\nshall determine, after giving notice and an opportunity to be heard to\nthe persons served, whether visitation and contact would be in the best\ninterests of the child and his or her siblings. The court may order that\nthe child be placed together with or have regular communication with his\nor her siblings if the court determines it to be in the best interests\nof the child and his or her siblings.\n  (d) For purposes of this section, "siblings" shall include\nhalf-siblings and those who would be deemed siblings or half-siblings\nbut for the surrender, termination of parental rights or death of a\nparent.\n  (12) For the purposes of this section, aggravated circumstances means\nwhere a child has been either severely or repeatedly abused, as defined\nin subdivision eight of section three hundred eighty-four-b of this\nchapter; or where a child has subsequently been found to be an abused\nchild, as defined in paragraph (i) or (iii) of subdivision (e) of\nsection one thousand twelve of the family court act, within five years\nafter return home following placement in foster care as a result of\nbeing found to be a neglected child, as defined in subdivision (f) of\nsection one thousand twelve of the family court act, provided that the\nrespondent or respondents in each of the foregoing proceedings was the\nsame; or where the court finds by clear and convincing evidence that the\nparent of a child in foster care has refused and has failed completely,\nover a period of at least six months from the date of removal, to engage\nin services necessary to eliminate the risk of abuse or neglect if\nreturned to the parent, and has failed to secure services on his or her\nown or otherwise adequately prepare for the return home and, after being\ninformed by the court that such an admission could eliminate the\nrequirement that the local department of social services provide\nreunification services to the parent, the parent has stated in court\nunder oath that he or she intends to continue to refuse such necessary\nservices and is unwilling to secure such services independently or\notherwise prepare for the child's return home; provided, however, that\nif the court finds that adequate justification exists for the failure to\nengage in or secure such services, including but not limited to a lack\nof child care, a lack of transportation, and an inability to attend\nservices that conflict with the parent's work schedule, such failure\nshall not constitute an aggravated circumstance; or where a court has\ndetermined a child five days old or younger was abandoned by a parent\nwith an intent to wholly abandon such child and with the intent that the\nchild be safe from physical injury and cared for in an appropriate\nmanner.\n
N.Y. PBA Law § 1949-I — New York Code / Act PBA / Article 8 / Title 10-B / Section 1949-I
Limited liability
Status: in_force

§ 1949-i. Limited liability.  Neither the members of the governing\nbody of the authority, nor any officer or employee acting in their\nbehalf  shall be subject to any personal liability resulting from the\nconstruction, maintenance or operation of any of the properties of the\nauthority or from carrying out any of the powers expressly given in this\ntitle; provided, however, that this section shall not be held to apply\nto any independent contractor.\n
N.Y. ENV Law § 72-1005 — New York Code / Act ENV / Article 72 / Title 10 / Section 72-1005
Liability for fees
Status: in_force

§ 72-1005. Liability for fees.\n  Liability for fees authorized by this title shall be as follows:\n  1. for persons holding permits or approvals or subject to regulation\nunder this title on January first in any year beginning with the year\nnineteen hundred ninety-one, liability for fees shall commence on\nJanuary first;\n  2. for persons receiving new permits or approvals or subject to\nregulation under this title after September first, nineteen hundred\nninety-one, liability for fees shall equal the annual fee established\npursuant to this title and shall be prorated from the date of issuance;\n  3. for all persons holding permits or approvals, or subject to\nregulation under this title liability to pay annual fees shall continue\nuntil such time as reclamation has been completed and approved by the\ndepartment and any required financial security has been released, and\nshall be prorated to the date of approval by the department.\n
N.Y. ENV Law § 17-1009 — New York Code / Act ENV / Article 17 / Title 10 / Section 17-1009
Registration
Status: in_force

§ 17-1009. Registration.\n  1. The department shall consult with the state petroleum bulk storage\nadvisory council to compile a list of facilities within the state.\nWithin thirty days of the promulgation of rules and regulations in\naccordance with section 17-1005, section 17-1007, and this section of\nthis title, the department shall make available, upon request, a copy of\nsuch rules and regulations.\n  2. All owners shall register the facility with the department. In\ncases where there are multiple tank owners at a facility, the owners of\nthe tanks may designate one of the tank owners to be an authorized\nrepresentative to register the tanks. The department is authorized to\nassess a fee according to a schedule based on the size and type of\nfacility, not to exceed five hundred dollars per facility. Such fee\nshall be paid at the time of registration or registration renewal.\nRegistration shall be renewed every five years or whenever ownership of\na facility is transferred, whichever occurs first. The owner shall\nnotify the department when the authorized representative or operator of\nthe facility changes. In addition to such registration requirements and\npursuant to leak detection requirements set forth in section 17-1005 of\nthis title, notwithstanding any other provision of law, rule or\nregulation, the department shall duly notify the facility owner of the\nrequirement for such owner to perform the required tightness test on a\npetroleum bulk storage tank no less than forty-five days prior to the\ndate of the test expiration on the tank. All fees collected pursuant to\nthis subdivision shall be deposited in the New York environmental\nprotection and spill compensation fund established pursuant to section\none hundred seventy-nine of the navigation law. The owner must submit,\nwith each application for registration or registration renewal, a\nfive-year fee as follows:\n      Combined Storage Capacity at Facility         5-Year Fee\n    Greater than 110 gallons to 1,100 gallons     $0 per facility\n    Greater than 1,100 gallons to\n      less than 2,000 gallons                     $100 per facility\n    Greater than 2,000 gallons to\n      less than 5,000 gallons                     $300 per facility\n    5,000 gallons to less than\n      400,000 gallons                             $500 per facility\n  3. The owner shall, within thirty days prior to reconditioning or\nreplacement of an existing tank or installation of a new tank at a\nfacility, notify the department in writing of such reconditioning,\nreplacement or installation.\n  4. Owners who become newly subject to registration requirements of\nthis section must, within one year of becoming subject to this section,\nregister the facility and complete any modifications to tanks at the\nfacility to be in compliance with the regulations promulgated pursuant\nto this title.\n
N.Y. ENV Law § 33-1004 — New York Code / Act ENV / Article 33 / Title 10 / Section 33-1004
Lawn applications; certain municipalities
Status: in_force

§ 33-1004. Lawn applications; certain municipalities.\n  1. Notwithstanding any other provision of law to the contrary, any\ncounty not contained entirely within a city, and any city with a\npopulation of one million or more, may, after public hearing, adopt a\nlocal law comprised of the following provisions in their entirety and\nwithout exception including all applicable definitions as provided in\nthis article:\n  a. All retail establishments that sell general use pesticides for\ncommercial or residential lawn application shall display a sign meeting\nstandards, established by the commissioner pursuant to subdivision one\nof section 33-1005 of this article, in a conspicuous place, and such\nsign shall be placed as close as possible to the place where such\npesticides are displayed.\n  b. (i) At least forty-eight hours prior to any commercial lawn\napplication of a pesticide, the person or business making such\napplication shall supply written notice, as defined in subdivision three\nof section 33-1005 of this article to:\n  A. occupants of all dwellings, as defined in paragraph d of\nsubdivision five of section 33-0905 of this article, on abutting\nproperty with a boundary that is within one hundred fifty feet of the\nsite of such application; and to owners, owners' agents, or other\npersons in a position of authority for all other types of premises, as\ndefined in paragraph d of subdivision five of section 33-0905 of this\narticle, that are on abutting property with a boundary that is within\none hundred fifty feet of the site of such application. Owners or\nowners' agents of multiple family dwellings shall supply such written\nnotice to the occupants of such multiple family dwellings and for all\nother types of premises, owners, owners' agents or other persons in a\nposition of authority shall post such written notice in a manner\nspecified by the commissioner; and\n  B. owners, owners' agents or other persons in positions of authority\nfor multiple family dwellings, the property of which is the site of such\napplication. Owners, or owners' agents of multiple family dwellings\nshall supply such written notice to the occupants of such multiple\nfamily dwellings in a manner specified by the commissioner.\n  (ii) The prior notification provisions of this paragraph shall not\napply to the following:\n  A. the application of anti-microbial pesticides and anti-microbial\nproducts as defined by FIFRA in 7 U.S.C. Section 136 (mm) and 136 q (h)\n(2);\n  B. the use of an aerosol product with a directed spray, in containers\nof eighteen fluid ounces or less, when used to protect individuals from\nan imminent threat from stinging and biting insects, including venomous\nspiders, bees, wasps and hornets. This section shall not exempt from\nnotification the use of any fogger product or aerosol product that\ndischarges to a wide area;\n  C. the use of non-volatile insect or rodent bait in a tamper resistant\ncontainer;\n  D. the application of a pesticide classified by the United States\nEnvironmental Protection Agency as an exempt material under 40 CFR Part\n152.25;\n  E. the application of a pesticide which the United States\nEnvironmental Protection Agency has determined satisfies its reduced\nrisk criteria, including a biopesticide;\n  F. the use of boric acid and disodium octaborate tetrahydrate;\n  G. the use of horticultural soap and oils that do not contain\nsynthetic pesticides or synergists;\n  H. the application of a granular pesticide, where granular pesticide\nmeans any ground applied solid pesticide that is not a dust or powder;\n  I. the application of a pesticide by direct injection into a plant or\nthe ground;\n  J. the spot application of a pesticide, where spot application means\nthe application of pesticide in a manually pressurized or\nnon-pressurized container of thirty-two fluid ounces or less to an area\nof ground less than nine square feet;\n  K. the application of a pesticide to the ground or turf of any\ncemetery; and\n  L. an emergency application of a pesticide when necessary to protect\nagainst an imminent threat to human health, provided, however, that\nprior to any such emergency application, the person providing such\napplication shall make a good faith effort to supply the written notice\nrequired pursuant to this title. Upon making an emergency application,\nthe person making such application shall notify the commissioner of\nhealth, using a form developed by such commissioner for such purposes\nthat shall include minimally the name of the person making such\napplication, the pesticide business registration number or certified\napplicator number of the person making such application, the location of\nsuch application, the date of such application, the product name and\nUnited States Environmental Protection Agency registration number of the\npesticide applied and the reason for such application.\n  c. (i) All persons performing residential lawn applications treating\nan area more than one hundred square feet shall affix markers to be\nplaced within or along the perimeter of the area where pesticides will\nbe applied. Markers are to be placed so as to be clearly visible to\npersons immediately outside the perimeter of such property. Markers\nshall be posted at least twelve inches above the ground and shall be at\nleast four inches by five inches in size. Such markers shall be in both\nthe English and Spanish languages, and any other languages if the\ncommissioner deems it necessary pursuant to rules and regulations.\n  (ii) The markers required pursuant to this paragraph shall be in place\non the day during which the pesticide is being applied and shall\ninstruct persons not to enter the property and not to remove the signs\nfor a period of at least twenty-four hours. Such instruction shall be\nprinted boldly in letters at least three-eighths of an inch in height.\n  2. Any county not contained entirely within a city or any city with a\npopulation of one million or more that adopts a local law pursuant to\nthe provisions of this section, shall, in addition to any authority\notherwise conferred in this chapter, have concurrent authority to\nenforce such local law administratively, provided however that all\nsanctions, which shall be assessed after providing a hearing or\nopportunity to be heard, shall be as specified in section 71-2907 of\nthis chapter and shall be payable to and deposited with the enforcing\nmunicipality.\n  2-a. Within twenty days after the adoption of a local law pursuant to\nthis section, the clerk or other officer designated by the legislative\nbody shall forward one certified copy thereof to the commissioner and\none to the attorney general.\n  2-b. Any local law adopted pursuant to this section shall take effect\non the first day of January after it shall have been adopted.\n  3. The commissioner of health shall review any emergency form\nsubmitted pursuant to this section to ensure that the circumstance did\nwarrant such emergency application. Such forms shall be kept on file at\nthe department of health for three years from the date of application\nand shall be made available to any person upon request.\n
N.Y. SOS Law § 458-D — New York Code / Act SOS / Article 6 / Title 10 / Section 458-D
Medical subsidy
Status: in_force

§ 458-d. Medical subsidy. 1. Any child with respect to whom federally\nreimbursable kinship guardianship assistance payments are made under\nthis title is eligible for medical assistance under title XIX of the\nfederal social security act.\n  2. In addition, a social services official shall make payments for the\ncost of care, services and supplies payable under the state's program of\nmedical assistance for needy persons provided to any child for whom\nkinship guardianship assistance payments are being made under this title\nwho is not eligible for medical assistance under subdivision one of this\nsection and for whom the relative or successor guardian is unable to\nobtain appropriate and affordable medical coverage through any other\navailable means, regardless of whether the child otherwise qualifies for\nmedical assistance for needy persons. Payments pursuant to this\nsubdivision shall be made only with respect to the cost of care,\nservices, and supplies which are not otherwise covered or subject to\npayment or reimbursement by insurance, medical assistance or other\nsources. Payments made pursuant to this subdivision shall only be made\nif the relative or successor guardian applies to obtain such medical\ncoverage for the child from all available sources, unless the social\nservices official determines that the relative guardian has good cause\nfor not applying for such coverage; which shall include that appropriate\ncoverage is not available or affordable.\n  3. An application for payments under this section shall be made prior\nto the issuance of letters of guardianship for the child. An approval of\nan application for payments under this section shall not be subject to\nannual review by the social services official, and such approval shall\nremain in effect for as long as kinship guardianship assistance payments\nare being made under this title for the child. Applications for such\npayments shall be accepted prior to the issuance of letters of\nguardianship of the child, and approval thereof may be granted\ncontingent upon such issuance.\n
N.Y. PBA Law § 1226-N — New York Code / Act PBA / Article 5 / Title 10 / Section 1226-N
State, water board or municipality, other than the authority, not liable on authority bonds
Status: in_force

§ 1226-n. State, water board or municipality, other than the\nauthority, not liable on authority bonds. Neither the state, the water\nboard nor any municipality, other than the authority, shall be liable on\nthe bonds of the authority and such bonds shall not be a debt of either\nthe state, the water board or any municipality, and each such bond shall\ncontain, on the face thereof, a statement to such effect.\n
N.Y. PBA Law § 1230-D — New York Code / Act PBA / Article 5 / Title 10-B / Section 1230-D
Powers of the authority
Status: in_force

§ 1230-d. Powers of the authority. The authority shall have the 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 bonds or other obligations for its\ncorporate purposes and to provide for the rights of the holders thereof.\n  4. To enter into contracts and to execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given to it in this title.\n  5. To enter into agreements with the water board, the city, any other\nmunicipality, the state, and any other person for the financing by the\nauthority of projects as herein provided.\n  6. To acquire by purchase, gift, grant, transfer, contract or lease or\nby condemnation pursuant to the eminent domain procedure law, lease as\nlessee, hold, and use any property, real, personal or mixed or any\ninterest therein, as the authority may deem necessary, convenient or\ndesirable to carry out the purpose of this title, provided, however, the\nauthority shall not have the power to condemn property of the water\nboard, the city, or any other municipality.\n  7. To apply to the appropriate agencies and officials of the federal,\nstate and local governments, any municipality, for such licenses,\npermits or approvals of its plans or projects as it may deem necessary\nor advisable, and upon such terms and conditions as it may deem\nappropriate, and to accept, in its discretion, such licenses, permits or\napprovals as may be tendered to it by such agencies and officials.\n  8. To appoint such officers and agents as may be required for the\nperformance of its duties, to fix and determine their qualifications,\nduties and compensation, subject to the provisions of the civil service\nlaw and the rules of the civil service commission of the city, and to\nretain or employ counsel, auditors, engineers, private consultants and\nother independent contractors on a contractual or otherwise for\nrendering management, professional or technical services and advice.\n  9. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto.\n  10. To make use of existing studies, surveys, plans, data and other\nmaterial in the possession of any state agency, the city, any\nmunicipality, any person or the water board in order to avoid\nduplication of effort.\n  11. To enter upon such lands, waters or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done.\n  12. To apply for and to accept any gifts, grants, loans of funds or\nproperty, or financial or other aid, in any form, from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof.\n  13. To make and amend by-laws for its organization and management and\nregulation of its affairs and rules and regulations governing the\nexercise of its powers and the fulfillment of its purposes under this\ntitle. A copy of such rules, regulations and by-laws, and all amendments\nthereto, duly certified by the secretary of the authority shall be filed\nin the office of the city clerk and secretary of the water board.\n  14. To enter into cooperative agreements with the state, any state\nagency, the city, any municipality, utility companies, individuals, or\ncorporations, within or without the service area, for any lawful\npurposes necessary or desirable to effect the purposes of this title\nupon such terms and conditions as shall be determined to be reasonable.\n  15. With the consent of the chief executive officer of the city or a\nmunicipality within the service area, to use officers and employees of\nthe city or municipality and to pay a proper portion of compensation or\ncosts for the services rendered to the authority by such officers or\nemployees.\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\nprovided that the authority shall not have power, within the city, to\ncollect rentals, charges, rates or fees from the owners of real\nproperty, or the occupants of real property (other than the occupants of\npremises owned or controlled by the authority), for services or\nfacilities furnished or supplied in connection with such real property,\nif such services or facilities are of a character or nature then or\nformerly furnished or supplied by the city.\n
N.Y. PBH Law § 1370-C — New York Code / Act PBH / Article 13 / Title 10 / Section 1370-C
Screening by health care providers
Status: in_force

§ 1370-c. Screening by health care providers. 1. The department is\nauthorized to promulgate regulations establishing the means by which and\nthe intervals at which children and pregnant women shall be screened for\nelevated lead levels. The department is also authorized to require\nscreening for lead poisoning in other high risk groups.\n  2. Every physician or other authorized practitioner who provides\nmedical care to children or pregnant women, shall screen children or\nrefer them for screening for elevated lead levels at the intervals and\nusing the methods specified in such regulations. Every licensed,\nregistered or approved health care facility serving children including\nbut not limited to hospitals, clinics and health maintenance\norganizations, shall ensure, by providing screenings or by referring for\nscreenings, that their patients receive screening for lead at the\nintervals and using the methods specified in such regulations.\n  2-a. Every primary health care provider shall conduct a lead exposure\nrisk assessment questionnaire provided by the department for each child\nwho is at least six months of age and continuing until six years of age\nat each routine well-child visit, or at least annually if a child has\nnot had routine well-child visits.\n  3. The health practitioner who screens any child for lead shall give a\ncertificate of screening to the parent or guardian of the child.\n  4. The department shall establish a separate level of payment, subject\nto the approval of the director of the budget, for payments made by\ngovernmental agencies for screenings performed pursuant to this section\nby hospitals, as defined in section twenty-eight hundred one of this\nchapter.\n
N.Y. RSS Law § 384 — New York Code / Act RSS / Article 8 / Title 10 / Section 384
Optional retirement of certain police officers and firefighters
Status: in_force

§ 384. Optional retirement of certain police officers and\nfirefighters.  a. Any member of the police and fire retirement system\nwho is an officer or member of any organized fire department or\norganized police force or police department of any county, city, town,\nvillage, fire district, police district or participating employer may\nelect to contribute to the police and fire retirement system on the\nbasis of retirement upon his or her completion of twenty-five years of\nservice as an officer or member of any such force or department on an\nallowance of:\n  1. One-fiftieth of his final average salary for each year of total\nservice as such officer or member, and\n  2. One-seventieth of his final average salary for each year of total\nservice for which he otherwise shall be entitled to credit, but not\nexceeding in the aggregate one-half of his final average salary.\n  b. Any officer or member of such an organized fire department or\norganized police force or department may elect to contribute to the\npolice and fire retirement system pursuant to this section within one\nyear after he or she becomes such an officer or member, or on or before\nJanuary first, nineteen hundred seventy, or within one year after his or\nher employer assumed, or assumes in whole or in part, the additional\ncost to the police and fire retirement system resulting from an election\npursuant to this section.\n  bb. On and after April first, nineteen hundred sixty-seven only\nfirefighters, police officers or officers of such a fire department or\npolice force may elect to contribute to the police and fire retirement\nsystem on the basis of retirement pursuant to this section and, as to\nmembers so electing, in addition to service in war after world war I, as\ndefined in section three hundred two of this article, only credit for\nservice:\n  1. As such a firefighter, police officer or officer, or\n  2. As a member or officer of the state police, or\n  3. In the regional state park police service, shall be included in\ncomputing years of police or fire service for retirement pursuant to\nthis section.\n  c. Elections made pursuant to this section shall be in writing and\nshall be duly acknowledged and filed with the comptroller. Any member\nwho files such an election pursuant to this section may withdraw it\nafter it has been filed for at least one year. Such withdrawal shall be\nby written notice duly acknowledged and filed with the comptroller.\nAfter such withdrawal such member shall contribute to the police and\nfire retirement system as otherwise provided in this article. Any member\nwho has contributed the entire additional cost to the police and fire\nretirement system resulting from an election pursuant to this section,\nmay withdraw such entire additional amount in the event that he or she\nso withdraws such election.\n  d. Contributions for additional costs of elections to contribute\npursuant to this section shall be payable as follows:\n  1. Except as otherwise provided in this subdivision, a member electing\nto contribute to the police and fire retirement system pursuant to this\nsection shall pay the entire additional cost to the police and fire\nretirement system resulting from such election by means of a rate of\ncontribution. Such rate shall be computed to provide, upon his or her\ncompletion of twenty-five years of service as an officer or member of\nany such department or force, the portion of the retirement allowance\nfor which he or she is required to provide pursuant to this section.\nSuch rate of contribution shall be determined in a manner similar to\nthat provided in section three hundred twenty-three of this article and\nsubject to the provisions of paragraph four of this subdivision, the\ncontributions based thereon shall be paid while such member is an\nofficer or member of any such department or force.\n  2. The member's employer, however, by appropriate action, may (a) in\nits initial action under this section, elect to assume all of the\nadditional cost on account of service as an officer or member of any\nsuch department or force rendered prior to the effective date of such\nelection and (b) in any subsequent action, as hereafter provided in this\nparagraph, elect to assume all of the additional cost on account of\nservice as an officer or member of any such other prior department or\nforce rendered prior to the effective date of such subsequent election\nand, in addition may in its initial action under this section, elect to\nassume any multiple of twenty-five per centum of such additional cost on\naccount of such service for such current employer rendered on and after\nthe effective date of such initial election. Any subsequent election\nchanging the percentage of additional cost assumed by an employer shall\napply only to service rendered for such employer on and after the\neffective date of such subsequent election. The employer shall pay the\nadditional cost so assumed by any such election by means of annual\ncontributions which shall be determined by the actuary and paid by the\nemployer in the same manner as the contributions required under section\nthree hundred twenty-three of this article. An employer, which in its\ninitial action elected to assume all of the additional cost on account\nof service only as an officer or member of its police or fire department\nrendered prior to the effective date of such election may, on or before\nApril first, nineteen hundred sixty-nine, elect to assume all of the\nadditional cost, including the cost of the necessary actuarial\nre-evaluation on account of service rendered prior to the effective date\nof the initial action hereunder, as an officer or member of any such\norganized fire department or organized police force or department of any\ncounty, city, town, village, fire district, police district, or\nparticipating employer other than such employer. Such rate shall be\ncomputed to provide the appropriate pension benefits under paragraph two\nof subdivision e of this section.\n  3. Where the employer elected or elects to assume fifty per centum of\nthe additional cost on account of service rendered on and after the\neffective date of any such election, the member shall thereafter\ncontribute at a rate computed by the actuary to provide, upon retirement\nafter twenty-five years of service as an officer or member of any such\ndepartment or force or upon the attainment of age sixty with less than\ntwenty-five years of such service, an annuity of one-one hundredth of\nfinal average salary for each year of such service rendered on and after\nthe effective date of such election. If the employer assumed or assumes\na percentage other than fifty per centum of the additional cost on\naccount of service rendered on and after the effective date of any such\nelection, the member's rate of contribution shall be modified so that it\nis computed to provide the portion of the retirement allowance for which\nhe is required to provide.\n  Such member's rate of contribution pursuant to this subdivision d\nshall be appropriately reduced pursuant to section three hundred\nseventy-a of this article for such period of time as his employer\ncontributes pursuant to such section toward\npensions-providing-for-increased-take-home-pay provided, however, that\nsuch member may by written notice duly acknowledged and filed with the\ncomptroller make an election to waive such reduction as provided by\nsubdivision j of section three hundred twenty-one of this article. One\nyear or more after the filing thereof, a member may withdraw any such\nelection by written notice duly acknowledged and filed with the\ncomptroller.\n  4. No such member shall be required to continue contributions after\ncompleting twenty-five years of such service.\n  5. For actuarial purposes relative to rates or amounts of\ncontributions to the funds of the police and fire retirement system,\nservice of a member making an election pursuant to this section shall,\nas to his or her service and status subsequent thereto, be deemed\ncontinuous and constant. If the continuity of such service be\ninterrupted or such status be changed, however, appropriate changes as\nmay be necessary for actuarial purposes shall be made in such rates and\namounts.\n  e. Computation of retirement allowances pursuant to this section.\n  1. Computation of retirement allowance where member has elected to pay\nthe entire additional cost:\n  A member who has elected to contribute pursuant to this section and\nwho has made the contributions required by this section shall be\nentitled to retire on or after his completion of twenty-five years of\nservice as an officer or member of any such fire department, police\nforce or police department, or upon the attainment of age sixty with\nless than twenty-five years of such service, by filing an application\ntherefor in a manner similar to that provided in section three hundred\nseventy of this article. He thereupon shall receive, upon retirement, a\nretirement allowance which shall not exceed one-half of his final\naverage salary.  Such retirement allowance shall consist of:\n  (a) An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, and\n  (b) A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, and\n  (c) A pension of one-one hundredth of his final average salary for\neach year of service as an officer or member of any such fire\ndepartment, police force or police department, and\n  (d) An additional pension of one-one hundred fortieth of his final\naverage salary for each year of member service for which he otherwise\nshall be entitled to credit and which was earned by him since he last\nbecome a member, and\n  (e) If he has had one or more years of service as a member, an\nadditional pension which shall be equal to one-fiftieth of his final\naverage salary for each year of prior service as an officer or member of\nany such fire department, police force or police department, plus\none-seventieth of his final average salary for each year of prior\nservice to which he otherwise shall be entitled to credit.\n  (f) Upon completion of twenty-five years service, an additional\npension, if required, of such amount as shall be necessary to increase\nthe total amount of the benefits provided herein to one-half of his\nfinal average salary. The pension provided by this sub-paragraph shall\nbe payable only if a member retires from service on or before the last\nday of the calendar month next succeeding the calendar month in which he\nattains age sixty-two. Provided, however, that in the case of any member\nwho attained the age of sixty-two on or before July first, nineteen\nhundred sixty-six, to be eligible for additional pension credit under\nthis sub-paragraph, his service shall be terminated and he shall retire\non or before December thirty-first, nineteen hundred sixty-seven. For\nthe purpose only of determining the amount of the pension provided in\nthis paragraph, the annuity shall be computed as it would be if it were\nnot reduced by the actuarial equivalent of any outstanding loan, and if\nit were not increased by the actuarial equivalent of any additional\ncontributions, and if it were not reduced by reason of the member's\nelection to decrease his annuity contributions to the retirement system\nin order to apply the amount of such reduction in payment of his\ncontributions for old-age and survivors insurance coverage.\n  2. Computation of retirement allowance where employer has elected to\npay all or part of the additional cost:\n  A member who has elected to contribute pursuant to this section and\nwho has made the contributions required by this section, and whose\nemployer has by appropriate action elected to pay all or part of the\nadditional cost of the benefits provided by this section, shall be\nentitled to retire on or after his completion of twenty-five years of\nservice as an officer or member of any such fire department, police\nforce or police department, or upon the attainment of age sixty with\nless than twenty-five years of such service, by filing an application\ntherefor in a manner similar to that provided in section three hundred\nseventy of this article. He thereupon shall receive, upon retirement, a\nretirement allowance which shall not exceed one-half of his final\naverage salary.  Such retirement allowance shall consist of:\n  (a) An annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement, and\n  (b) A pension which the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled, if\nany, and\n  (c) A pension for each year of service as an officer or member of any\nsuch fire department, police force or police department, rendered on and\nafter the effective date of the employer's election under this section,\ncomputed pursuant to the one of the following four formulae which is\nappropriate:\n  (1) If his employer elected to pay twenty-five per centum of the\nadditional cost on account of such service rendered on and after the\neffective date of such election, such pension shall be six-seven\nhundredths (6/700) of his final average salary for each year of such\nservice after such date, or\n  (2) If his employer elected to pay fifty per centum of the additional\ncost on account of such service rendered on and after the effective date\nof such election, such pension shall be one-one hundredth (1/100) of his\nfinal average salary for each year of such service after such date, or\n  (3) If his employer elected to pay seventy-five per centum of the\nadditional cost on account of such service rendered on and after the\neffective date of such election, such pension shall be eight-seven\nhundredths (8/700) of his final average salary for each year of such\nservice after such date, or\n  (4) If his employer elected to pay one hundred per centum of the\nadditional cost on account of such service rendered on and after the\neffective date of such election, such pension shall be nine-seven\nhundredths (9/700) of his final average salary for each year of such\nservice after such date, and\n  (d) An additional pension for such service, exclusive of prior\nservice, rendered before the effective date of the employer's initial\nelection under this section, of one-fiftieth of his final average salary\nfor each year of such service, minus a sum equal to the annuity provided\nout of the normal contributions, with accumulated interest thereon, made\nby the member during such period and minus a sum which is the actuarial\nequivalent of the reduction in his contributions pursuant to the\nprovisions of section three hundred seventy-a of this article, if any,\nduring such period, with regular interest thereon, and\n  (e) An additional pension of one-one hundred fortieth of his final\naverage salary for each year of member service for which he otherwise\nshall be entitled to credit and which was earned by him since he last\nbecame a member, and\n  (f) If he has had one or more years of service as a member, an\nadditional pension which shall be equal to one-fiftieth of his final\naverage salary for each year of such service, which is credited as prior\nservice, plus one-seventieth of his final average salary for each year\nof prior service for which he otherwise shall be entitled to credit.\n  (g) Upon completion of twenty-five years service, an additional\npension, if required, of such amount as shall be necessary to increase\nthe total amount of the benefits provided herein to one-half of his\nfinal average salary. The pension provided by this sub-paragraph shall\nbe payable only if a member retires from service on or before the last\nday of the calendar month next succeeding the calendar month in which he\nattains age sixty-two. Provided, however, that in the case of any member\nwho attained the age of sixty-two before or within one month after his\nemployer first elected to assume all or part of the additional cost of\nservice as provided by paragraph two of subdivision d of this section,\nto be eligible for additional pension credit under this sub-paragraph,\nhis service shall be terminated and he shall retire within three months\nafter his employer so elects or on or before December thirty-first,\nnineteen hundred sixty-eight, whichever shall last occur.\n  For the purpose only of determining the amount of the pension provided\nin this paragraph, the annuity shall be computed as it would be if it\nwere not reduced by the actuarial equivalent of any outstanding loan,\nand if it were not increased by the actuarial equivalent of any\nadditional contributions, and if it were not reduced by reason of the\nmember's election to decrease his annuity contributions to the\nretirement system in order to apply the amount of said reduction in\npayment of his contributions for old-age and survivors insurance\ncoverage.\n  f. In the event a member shall continue in service after twenty-five\nyears of total creditable service, as defined in subdivision bb of this\nsection, there shall be added to his pension upon retirement a sum equal\nto one-sixtieth of his final average salary for each completed\nadditional year of service after twenty-five years.\n  g. The increased pension provided for in subdivision f hereof shall be\nconditioned upon the participating employer electing in a manner similar\nto that provided in subdivision a of section three hundred thirty of\nthis article to provide this added benefit and assuming the additional\ncost thereof on account of all of the officers and members of its\norganized fire department or organized police force or department who\nare contributing under the provisions of this section. Such increased\npensions to the members in either department shall be paid from\nadditional contributions made by the appropriate participating employer\non account of such members. The actuary of the retirement system shall\ncompute the additional contributions for each employer who elects to\nprovide the special benefits provided under subdivision f of this\nsection. Such additional contributions shall be computed on the basis of\ncontributions during the prospective service of such members which will\ncover the liability of the retirement system for such extra pensions.\nUpon approval of the comptroller, such additional contributions shall be\ncertified by him to the fiscal officer of the participating employer.\nThe amount thereof shall be included in the annual appropriation of the\nparticipating employer for its police and fire departments. Such amount\nshall be paid on the warrant of the fiscal officer of the participating\nemployer to the pension accumulation fund of the retirement system.\n  h. Any officer or member of such organized fire department or\norganized police force or department, may, within one year after he\nbecomes such officer or member or within one year after his employer\nassumes the additional cost therefor, whichever shall last occur, elect\nto receive the additional benefits provided for by subdivision f hereof.\nAny officer or member who elects to receive such benefits shall be\nseparated from service on the first day of the calendar month next\nsucceeding his attainment of age sixty-two and the completion of\ntwenty-five years of service, provided, however, that in the case of any\nofficer or member who attained the age of sixty-two before his employer\nassumed the additional cost therefor, or who attains the age of\nsixty-two within one month after his employer assumes the additional\ncost therefor, to be eligible for additional pension credit under\nsubdivision f of this section, his service shall be terminated and he\nshall be retired within three months after his employer assumes the\nadditional cost therefor or on or before December thirty-first, nineteen\nhundred sixty-eight, whichever shall last occur, and provided further\nthat a member who is a chief or commanding officer of a police\ndepartment or police force shall retire on the first day of the calendar\nmonth next succeeding his attainment of age sixty-five; a member who is\na chief or commanding officer of a police department or police force,\nwho attained age sixty-five before his employer elected to provide this\nadded benefit and has rendered twenty-five years of total creditable\nservice, shall retire on or before December thirty-first, nineteen\nhundred sixty-eight, or within one year after his employer assumes the\nadditional cost therefor, whichever shall last occur.\n  i. In lieu of the provisions of subdivisions f, g and h and in the\nevent a member shall continue in service after twenty-five years of\ntotal creditable service, as defined in subdivision bb of this section,\nthere shall be added to his pension upon retirement a sum equal to\none-one hundred twentieth of his final average salary for each completed\nadditional year of service after twenty-five years.\n  j. The increased pension provided for in subdivision i hereof shall be\nconditioned upon the participating employer electing in a manner similar\nto that provided in subdivision a of section three hundred thirty of\nthis article to provide this added benefit and assuming the additional\ncost thereof on account of all of the officers and members of its\norganized fire department or organized police force or department who\nare contributing under the provisions of this section. Such increased\npensions to the members in either department shall be paid from\nadditional contributions made by the appropriate participating employer\non account of such members. The actuary of the retirement system shall\ncompute the additional contributions for each employer who elects to\nprovide the special benefits provided under subdivision i of this\nsection. Such additional contributions shall be computed on the basis of\ncontributions during the prospective service of such members which will\ncover the liability of the retirement system for such extra pensions.\nUpon approval of the comptroller, such additional contributions shall be\ncertified by him to the fiscal officer of the participating employer.\nThe amount thereof shall be included in the annual appropriation of the\nparticipating employer for its police and fire departments. Such amount\nshall be paid on the warrant of the fiscal officer of the participating\nemployer to the pension accumulation fund of the retirement system.\n  k. Any officer or member of such organized fire department or\norganized police force or department, may, within one year after he\nbecomes such officer or member or within one year after his employer\nassumes the additional cost therefor, whichever shall last occur, elect\nto receive the additional benefits provided for by subdivision i hereof.\nAny officer or member who elects to receive such benefits shall be\nseparated from service on the first day of the calendar month next\nsucceeding his attainment of age sixty-two and the completion of\ntwenty-five years of service, provided, however, that in the case of any\nofficer or member who attained the age of sixty-two before his employer\nassumed the additional cost therefor, or who attains the age of\nsixty-two within one month after his employer assumes the additional\ncost therefor, to be eligible for additional pension credit under\nsubdivision i of this section, his service shall be terminated and he\nshall be retired within three months after his employer assumes the\nadditional cost therefor, or on or before December thirty-first,\nnineteen hundred sixty-eight, whichever shall last occur, and provided\nfurther that a member who is a chief or commanding officer of a police\ndepartment or police force shall retire on the first day of the calendar\nmonth next succeeding his attainment of age sixty-five; a member who is\na chief or commanding officer of a police department or police force,\nwho attained age sixty-five before his employer elected to provide this\nadded benefit and has rendered twenty-five years of total creditable\nservice, shall retire on or before December thirty-first, nineteen\nhundred sixty-eight, or within one year after his employer assumes the\nadditional cost therefor, whichever shall last occur.\n  l. Upon retirement of any member pursuant to this section, any\nadditional amounts credited to the member's annuity savings account\npursuant to subdivision b of section three hundred thirty of this\narticle shall be treated as excess contributions and shall be used to\nprovide an annuity in addition to the annuity prescribed by this\nsection. Any other amounts credited to the member's annuity savings\naccount, except the amounts contributed or required to be contributed\nunder this section and except such amounts as are required to produce\nthe retirement allowance provided by subdivision e of this section, may\nat the option of the member at the time of retirement be withdrawn or\nused to provide an annuity in addition to the annuity prescribed by this\nsection.\n  m. Service in the division of state police in the executive department\nshall be considered allowable service in an organized fire department or\nan organized police force or police department for the purpose of this\nsection, provided that the member pays or has paid the required\ncontributions.\n  n. Notwithstanding any provision of subdivision bb or g of this\nsection, service as a fire chief-airport, firefighter-airport, and fire\ncaptain-airport of the county of Monroe shall be included for the\npurpose of computing police or fire service for retirement pursuant to\nthis section, provided the county of Monroe has elected to participate\nin the New York state and local police and fire retirement system on the\nbehalf of its fire chief-airport, firefighters-airport, and fire\ncaptains-airport and elects to provide the benefit of this section.\n  * o. The benefits hereinabove provided shall be payable to a member,\nunless at the date of retirement, such member would otherwise be\nentitled to a greater benefit under other provisions of this article had\nhe withdrawn from this section, in which event such greater benefits\nshall be payable.\n  * NB There are 2 sb o's\n  * o. Any member of the New York state and local police and fire\nretirement system who was a member of the New York city employees'\nretirement system while employed as a New York city police department\ntrainee or a New York city transit officer trainee and whose membership\ntherein was terminated by his attaining membership in the New York state\nand local police and fire retirement system, may purchase credit in the\nNew York state and local police and fire retirement system for prior\ncreditable service in the New York city employees' retirement system\nearned while employed as a police department trainee or transit officer\ntrainee and shall have the period of such prior service credit counted\nas police service for the purpose of determining the amount of his\npension and retirement allowance and period of service needed for\nretirement. In order to purchase credit pursuant to this subdivision,\nthe member shall pay into the pension accumulation fund the contribution\namount as determined by the comptroller, either in a lump sum or in\ninstallments, necessary to pay in full the cost of such previous\nservice. If such payment be made in installments, the same shall be paid\nwithin a period no greater than the number of months of such member\nservice granted.\n  * NB There are 2 sb o's\n  p. Notwithstanding any provision of this section, service as an\naircraft rescue firefighter employed by the Niagara frontier\ntransportation authority shall be included for the purpose of computing\npolice or fire service for retirement pursuant to this section, provided\nsuch authority has elected to participate in the New York state and\nlocal police and fire retirement system on the behalf of its aircraft\nrescue firefighters and elects to provide the benefit of this section.\n  q. The provisions of this section shall be controlling notwithstanding\nany provision of this article to the contrary.\n
N.Y. ENV Law § 27-1012 — New York Code / Act ENV / Article 27 / Title 10 / Section 27-1012
Deposit and disposition of refund values; registration; reports
Status: in_force

§ 27-1012. Deposit and disposition of refund values; registration;\n             reports.\n  1. Each deposit initiator shall deposit in a refund value account an\namount equal to the refund value initiated under section 27-1005 of this\ntitle which is received with respect to each beverage container sold by\nsuch deposit initiator. Such deposit initiator shall hold the amounts in\nthe refund value account in trust for the state. A refund value account\nshall be an interest-bearing account established in a banking\ninstitution located in this state, the deposits in which are insured by\nan agency of the federal government. Deposits of such amounts into the\nrefund value account shall be made not less frequently than every five\nbusiness days. All interest, dividends and returns earned on the refund\nvalue account shall be paid directly into said account. The monies in\nsuch accounts shall be kept separate and apart from all other monies in\nthe possession of the deposit initiator. The commissioner of taxation\nand finance may specify a system of accounts and records to be\nmaintained with respect to accounts established under this subdivision.\n  2. Payments of refund values pursuant to section 27-1007 of this title\nshall be paid from each deposit initiator's refund value account. No\nother payment or withdrawal from such account may be made except as\nprescribed by this section.\n  3. Each deposit initiator shall file quarterly reports with the\ncommissioner of taxation and finance on a form and in the manner\nprescribed by such commissioner. The commissioner of taxation and\nfinance may require such reports to be filed electronically. The\nquarterly reports required by this subdivision shall be filed for the\nquarterly periods ending on the last day of May, August, November and\nFebruary of each year, and each such report shall be filed within twenty\ndays after the end of the quarterly period covered thereby. Each such\nreport shall include all information such commissioner shall determine\nappropriate including but not limited to the following information:\n  a. the balance in the refund value account at the beginning of the\nquarter for which the report is prepared;\n  b. all such deposits credited to the refund value account and all\ninterest, dividends or returns received on such account, during such\nquarter;\n  c. all withdrawals from the refund value account during such quarter,\nincluding all reimbursements paid pursuant to subdivision two of this\nsection, all service charges on the account, and all payments made\npursuant to subdivision four of this section; and\n  d. the balance in the refund value account at the close of such\nquarter.\n  4. a. Quarterly payments. An amount equal to eighty percent of the\nbalance outstanding in the refund value account at the close of each\nquarter shall be paid to the commissioner of taxation and finance at the\ntime the report provided for in subdivision three of this section is\nrequired to be filed. The commissioner of taxation and finance may\nrequire that the payments be made electronically. The remaining twenty\npercent of the balance outstanding at the close of each quarter shall be\nthe monies of the deposit initiator and may be withdrawn from such\naccount by the deposit initiator. If the provisions of this section with\nrespect to such account have not been fully complied with, each deposit\ninitiator shall pay to such commissioner at such time, in lieu of the\namount described in the preceding sentence, an amount equal to the\nbalance which would have been outstanding on such date had such\nprovisions been fully complied with. The commissioner of taxation and\nfinance may require that the payments be made electronically.\n  b. Refund value account shortfall. In the event a deposit initiator\npays out more in refund values than it collects in deposits of refund\nvalues during the course of a quarterly period as described in\nsubdivision three of this section, the deposit initiator may apply to\nthe commissioner of taxation and finance for a refund of the amount of\nsuch excess payment of refund values from sources other than the refund\nvalue account, in the manner as provided by the commissioner of taxation\nand finance. A deposit initiator must apply for a refund no later than\ntwelve months after the due date for filing the quarterly report for the\nquarterly period for which the refund claim is made. No interest shall\nbe payable for any refund paid pursuant to this paragraph.\n  c. Final report. A deposit initiator who ceases to do business in this\nstate as a deposit initiator shall file a final report and remit payment\nof eighty percent of all amounts remaining in the refund value account\nas of the close of the deposit initiator's last day of business. The\ncommissioner of taxation and finance may require that the payments be\nmade electronically. The deposit initiator shall indicate on the report\nthat it is a "final report". The final report is due to be filed with\npayment twenty days after the close of the quarterly period in which the\ndeposit initiator ceases to do business. In the event the deposit\ninitiator pays out more in refund values than it collects in such final\nquarterly period, the deposit initiator may apply to the commissioner of\ntaxation and finance for a refund of the amount of such excess payment\nof refund values from sources other than the refund value account, in\nthe manner as provided by the commissioner of taxation and finance.\n  5. All moneys collected or received by the department of taxation and\nfinance pursuant to this title shall be deposited to the credit of the\ncomptroller with such responsible banks, banking houses or trust\ncompanies as may be designated by the comptroller. Such deposits shall\nbe kept separate and apart from all other moneys in the possession of\nthe comptroller. The comptroller shall require adequate security from\nall such depositories. Of the total revenue collected, the comptroller\nshall retain the amount determined by the commissioner of taxation and\nfinance to be necessary for refunds out of which the comptroller must\npay any refunds to which a deposit initiator may be entitled. After\nreserving the amount to pay refunds, the comptroller must, by the tenth\nday of each month, pay into the state treasury to the credit of the\ngeneral fund the revenue deposited under this subdivision during the\npreceding calendar month and remaining to the comptroller's credit on\nthe last day of that preceding month; provided, however, that, beginning\nApril first, two thousand thirteen, nineteen million dollars, and all\nfiscal years thereafter, twenty-three million dollars plus all funds\nreceived from the payments due each fiscal year pursuant to subdivision\nfour of this section in excess of the greater of the amount received\nfrom April first, two thousand twelve through March thirty-first, two\nthousand thirteen or one hundred twenty-two million two hundred thousand\ndollars, shall be deposited to the credit of the environmental\nprotection fund established pursuant to section ninety-two-s of the\nstate finance law.\n  6. The commissioner and the commissioner of taxation and finance shall\npromulgate, and shall consult each other in promulgating, such rules and\nregulations as may be necessary to effectuate the purposes of this\ntitle. The commissioner and the commissioner of taxation and finance\nshall provide all necessary aid and assistance to each other, including\nthe sharing of any information that is necessary to their respective\nadministration and enforcement responsibilities pursuant to the\nprovisions of this title.\n  7. a. Any person who is a deposit initiator under this title before\nApril first, two thousand nine, must apply by June first, two thousand\nnine to the commissioner of taxation and finance for registration as a\ndeposit initiator. Any person who becomes a deposit initiator on or\nafter April first, two thousand nine shall apply for registration prior\nto collecting any deposits as such a deposit initiator. Such application\nshall be in a form prescribed by the commissioner of taxation and\nfinance and shall require such information deemed to be necessary for\nproper administration of this title. The commissioner of taxation and\nfinance may require that applications for registration must be submitted\nelectronically. The commissioner of taxation and finance shall\nelectronically issue a deposit initiator registration certificate in a\nform prescribed by the commissioner of taxation and finance within\nfifteen days of receipt of such application or may take an additional\nten days if the commissioner of taxation and finance deems it necessary\nto consult with the commissioner before issuing such registration\ncertificate. A registration certificate issued pursuant to this\nsubdivision may be issued for a specified term of not less than three\nyears and shall be subject to renewal in accordance with procedures\nspecified by the commissioner of taxation and finance. The commissioner\nof taxation and finance shall furnish to the commissioner a complete\nlist of registered deposit initiators and shall continually update such\nlist as warranted. The commissioner shall share any information with the\ncommissioner of taxation and finance that is necessary for the\nadministration of this subdivision.\n  b. The commissioner of taxation and finance shall have the authority\nto revoke or refuse to renew any registration issued pursuant to this\nsubdivision when he or she has determined or has been informed by the\ncommissioner that any of the provisions of this title or rules and\nregulations promulgated thereunder have been violated. Such violations\nshall include, but not be limited to, the failure to file quarterly\nreports, the failure to make payments pursuant to this subdivision, the\nproviding of false or fraudulent information to either the department of\ntaxation and finance or the department, or knowingly aiding or abetting\nanother person in violating any of the provisions of this title. A\nnotice of proposed revocation or non-renewal shall be given to the\ndeposit initiator in the manner prescribed for a notice of deficiency of\ntax and all the provisions applicable to a notice of deficiency under\narticle twenty-seven of the tax law shall apply to a notice issued\npursuant to this paragraph, insofar as such provisions can be made\napplicable to a notice authorized by this paragraph, with such\nmodifications as may be necessary in order to adapt the language of such\nprovisions to the notice authorized by this paragraph. All such notices\nissued by the commissioner of taxation and finance pursuant to this\nparagraph shall contain a statement advising the deposit initiator that\nthe revocation or non-renewal of registration may be challenged through\na hearing process and the petition for such a challenge must be filed\nwith the commissioner of taxation and finance within ninety days after\nsuch notice is issued. A deposit initiator whose registration has been\nso revoked or not renewed shall cease to do business as a deposit\ninitiator in this state, until this title has been complied with and a\nnew registration has been issued. Any deposit initiator whose\nregistration has been so revoked may not apply for registration for two\nyears from the date such revocation takes effect.\n  8. The commissioner of taxation and finance may require the\nmaintenance of such accounts, records or documents relating to the sale\nof beverage containers, by any deposit initiator, bottler, distributor,\ndealer or redemption center as such commissioner may deem appropriate\nfor the administration of this section. Such commissioner may make\nexaminations, including the conduct of facility inspections during\nregular business hours, with respect to the accounts, records or\ndocuments required to be maintained under this subdivision. Such\naccounts, records and documents shall be preserved for a period of three\nyears, except that such commissioner may consent to their destruction\nwithin that period or may require that they be kept longer. Such\naccounts, records and documents may be kept within the meaning of this\nsubdivision when reproduced by any photographic, photostatic, microfilm,\nmicro-card, miniature photographic or other process which actually\nreproduces the original accounts, records or documents.\n  9. a. Any person required to be registered under this section who,\nwithout being so registered, sells or offers for sale beverage\ncontainers in this state, in addition to any other penalty imposed by\nthis title, shall be subject to a penalty to be assessed by the\ncommissioner of taxation and finance in an amount not to exceed five\nhundred dollars for the first day on which such sales or offers for sale\nare made, plus an amount not to exceed five hundred dollars for each\nsubsequent day on which such sales or offers for sale are made, not to\nexceed twenty-five thousand dollars in the aggregate.\n  b. Any deposit initiator who fails to file reports, make quarterly\npayments or maintain accounts or records pursuant to this section,\nunless it is shown that such failure was due to reasonable cause and not\ndue to negligence or willful neglect, in addition to any other penalty\nimposed by this title, shall be subject to a penalty to be assessed by\nthe commissioner of taxation and finance of not more than one thousand\ndollars for each quarter during which such failure occurred, and an\nadditional penalty of not more than one thousand dollars for each\nquarter such failure continues.\n  10. The provisions of article twenty-seven of the tax law shall apply\nto the provisions of this title for which the commissioner of taxation\nand finance is responsible, including collection of refund value\namounts, in the same manner and with the same force and effect as if the\nlanguage of such article had been incorporated in full into this section\nexcept to the extent that any provision of such article is either\ninconsistent with a provision of this section or is not relevant to this\nsection as determined by the commissioner of taxation and finance.\nFurthermore, for purposes of applying the provisions of article\ntwenty-seven of the tax law, where the terms "tax" and "taxes" appear in\nsuch article, such terms shall be construed to mean "refund value" or\n"balance in the refund value account".\n  11. If any deposit initiator fails or refuses to file a report or\nfurnish any information requested in writing by the department of\ntaxation and finance or the department, the department of taxation and\nfinance with the assistance of the department may, from any information\nin its possession, make an estimate of the deficiency and collect such\ndeficiency from such deposit initiator.\n  12. a. Each deposit initiator shall provide a report to the department\ndescribing all the types of beverage containers on which it initiates\ndeposits. The report shall include the product name, type of beverage,\nsize and composition of the beverage container, universal product code,\nand any other information the department may require. Upon request, a\ndeposit initiator shall also provide to the department a copy of the\ncontainer label or a picture of any beverage container sold or offered\nfor sale in this state on which it initiates a deposit. Such information\nshall be provided in a form as prescribed by the department. The\ndepartment may require that such forms be filed electronically.\n  b. A bottler may place on a beverage container a universal product\ncode or other distinctive marking that is specific to the state or used\nonly in the state and any other states with laws substantially similar\nto this title as a means of preventing the sale or redemption of\nbeverage containers on which no deposit was initiated.\n  c. A bottler or deposit initiator shall notify the department, in a\nform prescribed by the department, whenever a beverage container or\nbeverage container label is revised by altering the universal product\ncode, or whenever the container on which a universal product code\nappears is changed in size, composition or glass color, or whenever the\ncontainer or container label on which a universal product code appears\nis changed to include a universal product code that is unique to the\nstate or used only in the state and any other states with laws\nsubstantially similar to this title.\n