N.Y. PBA Law § 553-E — New York Code / Act PBA / Article 3 / Title 3 / Section 553-E
Laws applicable to certain activities
Status: in_force

§ 553-e. Laws applicable to certain activities. 1. (a) In its\nperformance of any project authorized by paragraph (m), (n), (o), (p) or\n(r) of subdivision nine of section five hundred fifty-three of this\ntitle, the authority shall not be deemed the agent or instrumentality of\nany other public benefit or municipal corporation notwithstanding the\nfact that title to any real or personal property (or any interest\ntherein) which is the subject of or is a part of such project is held\nby, or upon completion of such project is to be transferred to, any such\nentity, and the provisions of section five hundred fifty-nine of this\ntitle shall not be applicable with respect to any such project. In its\nperformance of any such project for the New York city transit authority,\nhowever, the provisions of section twelve hundred nine of this chapter\nshall apply to the authority as if it were the "authority" referred to\ntherein.\n  (b) Neither the provisions of section one hundred ninety-seven-c of\nthe New York city charter, relating to a uniform land use review\nprocedure, nor the provisions of any other local law of the city of New\nYork of like or similar tenor or import shall apply (i) to the\nacquisition of any real property (or any interest therein) for the\npurposes of any such project by the city or by the New York city transit\nauthority or any of its subsidiaries; (ii) to the subsequent transfer of\nany real property (or interest therein) so acquired to the authority or\nits designee for the purposes of such project or to the transfer to the\nauthority or its designee for such purposes of any real property (or\ninterest therein) then owned by the city or by the New York city transit\nauthority or any such subsidiary; nor (iii) to the transfer to the\nauthority or its designee for such purposes of the right of use,\noccupancy, control or possession of any real property (or interest\ntherein), whether presently owned or hereafter acquired by the city or\nby the New York city transit authority or any such subsidiary; provided\nin each such case, however, that if at the time of such proposed\nacquisition or transfer the real property which is the subject of such\nacquisition or transfer is not then being utilized for a transit or\ntransportation purpose or is not an insubstantial addition to such\nproperty contiguous thereto; (a) the authority proposing to acquire or\nreceive such property shall, unless a submission with respect to such\nproperty has previously been made and approved as herein provided,\nsubmit to the community board for the community district in which such\nproperty is located, data with respect to the proposed use of such\nproperty and to the design of any facility proposed to be constructed\nthereon; (b) such community board shall inform the board of estimate of\nthe city of New York, with copies to the city planning commission of the\ncity of New York and the proposing authority, of its views and\nrecommendations with respect thereto within forty-five days of such\nsubmission, and if the community board shall fail to so inform the board\nof estimate within such period it shall be deemed to have recommended\nthe proposal; and (c) the board of estimate shall, within forty-five\ndays of the recommendation of the community board, approve or disapprove\nsuch acquisition or transfer, and if the board of estimate shall fail to\nact within such period it shall be deemed to have approved the same.\n  2. After the transfer, transfer back, lease or sublease by the\nauthority of any such project or part thereof, actions for damages to\nreal or personal property or for the destruction thereof, or for\npersonal injuries or death, based upon the use, condition or state of\nsuch project or part thereof may not be instituted against the\nauthority, which shall have no liability or responsibility to the\ntransferee, lessee or sublessee or to third parties therefor.\n  3. If any property, real or personal (or any interest therein), needed\nor useful for or in connection with any such project is owned by any\nmunicipal corporation, such corporation may transfer the same, with or\nwithout consideration, to the authority for such purpose, and if such\nproperty is owned by the city of New York, such transfer may be by\naction of its mayor alone.\n  4. The authority, upon suitable notice to and an offer to consult with\nan officer designated by the city of New York, may occupy the streets of\nthe city of New York for the purpose of doing any work over or under the\nsame in connection with any such project without the consent of or\npayment to the city of New York.\n  5. The providing of any such project for the use or benefit of the New\nYork city transit authority or any of its subsidiaries shall not relieve\nthe city of its obligations under law or by lease to pay the capital\ncosts of the said authority or of its subsidiaries.\n  6. Except as the authority shall otherwise agree, title to any such\nproject or any part thereof or interest therein which shall have been\ntransferred, leased or subleased to the New York city transit authority\nor its designated subsidiary, shall remain in such transferee, lessee or\nsublessee, any provisions of title nine of article five of this chapter\nor of any lease or other agreement entered into under the provisions of\nthat title to the contrary notwithstanding.\n  7. The metropolitan transportation authority, the New York city\ntransit authority and the designated subsidiaries of each of them are\neach hereby authorized (i) to request the authority to undertake any\nsuch project; (ii) to acquire in its own name by gift, purchase or\ncondemnation, and, additionally, in the case of the metropolitan\ntransportation authority, by appropriation pursuant to section twelve\nhundred sixty-seven-a of this chapter, any real or personal property (or\nany interest therein), which is needed or useful for or in connection\nwith such project, the provisions of any lease or other agreement with\nthe city to the contrary notwithstanding, and to surrender the use,\noccupancy, control or possession of or to transfer the same, or of any\nother such real or personal property (or any interest therein) which it\nowns, leases, operates or controls, to the authority; (iii) to accept a\ntransfer, transfer back, lease or sublease of any such project or part\nthereof upon its completion; (iv) to undertake any such project itself,\nor to finance, through loans, leases or otherwise, any other person or\nentity, public or private, to do so, in each case using funds granted by\nthe authority to pay all or any part of the costs thereof (such\nundertaking, in the case of the New York city transit authority and its\nsubsidiary, the Manhattan and Bronx surface transit operating authority,\nbeing free of any restriction set forth in subparagraph (ii) of\nparagraph b of subdivision one of section twelve hundred three or in\nparagraph (c) of subdivision five of section twelve hundred three-a of\nthis chapter); and (v) to make its agents, employees and facilities\navailable to the authority in connection therewith.\n  8. No such project to be constructed upon real property theretofore\nused for a transit or transportation purpose, or on an insubstantial\naddition to such property contiguous thereto, which will not change in a\nmaterial respect the general character of such prior transit or\ntransportation use, nor any acts or activities in connection with such\nproject, shall be subject to the provisions of article eight, nineteen,\ntwenty-four or twenty-five of the environmental conservation law, or to\nany local law or ordinance adopted pursuant to any such article. Nor\nshall any project or acts or activities in connection therewith taken by\nany person or entity, public or private, pursuant to paragraph (m), (n),\n(o), (p), or (r) of subdivision nine of section five hundred fifty-three\nof this title be subject to the provisions of article eight of the\nenvironmental conservation law if such project, acts or activities to be\ntaken in connection therewith require the preparation of a statement\nunder or pursuant to any federal law or regulation as to the\nenvironmental impact thereof.\n  9. In connection with the negotiation, award and implementation of\ncontracts of the authority relating to any project hereafter initiated\npursuant to paragraphs (m), (n), (o), (p) and (r) of subdivision nine of\nsection five hundred fifty-three of this title, the provisions of\nparagraphs (a), (b), (c) and (d) of subdivision thirteen of section\ntwelve hundred sixty-six-c of this chapter shall apply to the authority\nas if it were the "authority" referred to therein, and the officer\ndesignated by the metropolitan transportation authority pursuant to\nparagraph (e) of that subdivision shall perform the duties therein\ndescribed with respect to such contracts of the authority.\n  10. The financing of any such project through the issuance of bonds or\nnotes of the authority shall be subject to the provisions of section\ntwelve hundred sixty-nine-b of this chapter.\n  11. The aggregate principal amount of bonds and notes issued and\noutstanding at any time to finance projects authorized by paragraphs\n(m), (n), (o), (p) and (r) of subdivision nine of section five hundred\nfifty-three of this title shall not exceed one billion one hundred\nmillion dollars through December thirty-first, nineteen hundred\neighty-six and three billion two hundred million dollars thereafter,\nprovided however that such latter amount shall not exceed two billion\ntwo hundred million dollars for all bonds and notes other than those\nissued pursuant to section five hundred fifty-three-d of this title.\nThis limitation shall not include (i) bonds and notes issued to refund\nor otherwise repay bonds or notes theretofore issued for such purposes,\n(ii) bonds issued to fund any reasonably required debt service reserve\nfund for bonds and notes, and (iii) an amount equal to any original\nissue discount from the prinicipal amount of any bonds or notes issued\nand then outstanding. From the proceeds of the bonds and notes provided\nfor in the first sentence of this subdivision, other than bonds or notes\nauthorized by section five hundred fifty-three-d of this title, the\nauthority shall not expend more than one billion three hundred twenty\nmillion dollars for transit projects as defined in section twelve\nhundred sixty-six-c of this chapter nor more than eight hundred eighty\nmillion dollars for transportation facilities as such term is defined in\nsubdivision fourteen of section twelve hundred sixty-one of this chapter\nother than marine or aviation facilities. For the purposes of this\nsubdivision, facilities under the jurisdiction of the Staten Island\nrapid transit operating authority shall be considered transit projects.\n
N.Y. PBA Law § 3036-B — New York Code / Act PBA / Article 10 / Title 3 / Section 3036-B
Further payments to the corporation; additional funds of the corporation
Status: in_force

* § 3036-b. Further payments to the corporation; additional funds of\nthe corporation. 1. In addition to the total amount certified by such\nchairman for such fiscal year, all as referred to in subdivision one of\neach of sections three thousand thirty-six and three thousand\nthirty-six-a of this title, the chairman shall at the same time certify\nto the state comptroller and to the mayor a schedule setting forth\nadditional cash requirements of the corporation which shall be equal to:\n(i) the amounts required to be deposited in the bond payment fund of the\ncorporation to pay all interest and all payments of principal and\nredemption premium, if any, on bonds and notes payable from the sources\nhereinafter identified in this section and maturing or otherwise coming\ndue during such fiscal year; (ii) the amounts required to be deposited\nin the operating fund of the corporation heretofore established, as\ndetermined by the corporation, to meet the operating requirements and\nother expenses of the corporation during such fiscal year to the extent\nnot otherwise provided for; and (iii) the amounts required to be\ndeposited in the bond reserve fund created and established pursuant to\nthe agreements of the corporation made with the holders of its bonds or\nnotes issued pursuant to subdivision two-b of section three thousand\nthirty-three of this title during such fiscal year in order to maintain\nthe bond reserve fund at the level required in accordance with the\nagreements of the corporation made with the holders of its bonds or\nnotes issued pursuant to subdivision two-b of section three thousand\nthirty-three of this title. If any increase shall occur in such\nadditional cash requirements specified above, or if payments are\nrequired at a time or times earlier than previously certified or if the\ncity shall, for any reason, fail to make timely payment of the principal\nand accrued interest due on any obligation issued by the city to the\ncorporation and maturing within the same fiscal year, such chairman\nshall certify a revised schedule of such additional cash requirements\nfor such fiscal year to the state comptroller and to the mayor. The\nschedule accompanying each certification, or revision thereof, shall\nprovide for such payment dates as the corporation deems appropriate to\nassure that sufficient funds will be available from the sources\nidentified below to enable it to meet its current obligations under this\nsection as they come due. Upon receipt of such certification, or any\nrevision thereof, the state comptroller shall pay such amount to the\ncorporation for deposit in the appropriate funds referred to in this\nsection, in accordance with such certification and subject to agreements\nwith holders of outstanding bonds and notes of the corporation, from the\nspecial account established for the corporation in the municipal\nassistance state aid fund in accordance with subdivision one of section\nninety-two-e of the state finance law and from the special account\nestablished for the corporation in the municipal assistance tax fund in\naccordance with subdivision one of section ninety-two-d of the state\nfinance law, including any amount transferred to the municipal\nassistance tax fund from the stock transfer tax fund pursuant to\nsubdivision four of section ninety-two-b of the state finance law. Any\nsuch payment shall be made within thirty days of receipt of the\ncertification or at the time specified in the certification, whichever\nis later; provided that any such amounts shall have been first\nappropriated by the state for such purpose or shall have been otherwise\nmade available. Any amount paid to the corporation from such municipal\nassistance state aid fund, in addition to the amount deducted pursuant\nto subdivision one of section three thousand thirty-six-a of this title,\nshall be deducted from the amount otherwise payable to the city as per\ncapita aid pursuant to sections fifty-four and ninety-two-e of the state\nfinance law and shall not obligate the state to make, nor entitle the\ncity to receive, any additional payments of per capita aid. Any amount\nso paid to the corporation from the municipal assistance tax fund, in\naddition to the amount deducted pursuant to subdivision one of each of\nsection three thousand thirty-six or three thousand thirty-six-a of this\ntitle, shall be deducted from the amount otherwise payable to the city\nfrom the municipal assistance tax fund and shall not obligate the state\nto make, nor entitle the city to receive, any additional payments from\nsuch municipal assistance tax fund.\n  2. The provisions of subdivision four of section three thousand\nthirty-six and subdivision three of section three thousand thirty-six-a\nof this title shall not apply to any bonds or notes issued pursuant to\nsubdivision two-b of section three thousand thirty-three of this title,\nincluding any bonds or notes issued to fund the bond reserve fund\nestablished pursuant to this section or to refund any such bond or note,\nand the principal of and interest on any such bond or note shall not be\npayable from or secured by the capital reserve funds established\npursuant to sections three thousand thirty-six and three thousand\nthirty-six-a of this title.\n  3. The corporation shall create a bond payment fund.\n  * NB The corporation shall continue for a term ending the later of\nJuly 1, 2008 or one year after its liabilities have been fully paid and\ndischarged per § 3033 sub 1.\n
N.Y. ENV Law § 13-0340-C — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0340-C
Winter flounder (Pleuorenectes americanus)
Status: in_force

§ 13-0340-c. Winter flounder (Pleuorenectes americanus).\n  The department may, until December thirty-first, two thousand\ntwenty-six, fix by regulation measures for the management of winter\nflounder (Pleuorenectes americanus), including size limits, catch and\npossession limits, open and closed seasons, closed areas, restrictions\non the manner of taking and landing, requirements for permits and\neligibility therefor, recordkeeping requirements, requirements on the\namount and type of fishing effort and gear, and requirements relating to\ntransportation, possession and sale, provided that such regulations are\nno less restrictive than requirements set forth in this chapter and\nprovided further that such regulations are consistent with the\ncompliance requirements of applicable fishery management plans adopted\nby the Atlantic States Marine Fisheries Commission and with applicable\nprovisions of fishery management plans adopted pursuant to the Federal\nFishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).\n
N.Y. RPT Law § 1130 — New York Code / Act RPT / Article 11 / Title 3 / Section 1130
Trial of issues
Status: in_force

§ 1130. Trial of issues. 1. If a duly verified answer is filed with\nthe county clerk and served upon the attorney for such tax district\nwithin the period mentioned in the notice published pursuant to section\neleven hundred twenty-four of this title, the court shall summarily hear\nand determine the issues raised by the petition and answer in the same\nmanner and under the same rules as it hears and determines other\nproceedings or actions, except as otherwise provided in this article.\nUpon such trial, proof that the tax was paid, together with all\ninterest, penalties and other charges which may have been due, or that\nthe property was not subject to tax shall constitute a complete defense.\n  2. If it appears to the court that testimony is necessary for the\nproper disposition of the matter, it shall take evidence or appoint a\nreferee to take such evidence as it may direct. The referee shall report\nto the court his or her findings of fact and conclusions of law and the\nevidence upon which it is based, which shall constitute a part of the\nproceedings upon which the determination of the court shall be made. The\nreport of the referee and the decision or final order of the court shall\ncontain the essential facts upon which the ultimate finding of facts is\nmade.\n
N.Y. LAB Law § 537 — New York Code / Act LAB / Article 18 / Title 3 / Section 537
Disclosures prohibited
Status: in_force

§ 537. Disclosures prohibited. 1. a. Unemployment insurance\ninformation.  (i) Unemployment insurance information is information\ncontained in the records of the department pertaining to the\nadministration of this article, including information obtained by the\ndepartment from employers and employees pursuant to this article. The\nterm includes wage reporting information obtained by the department from\nthe state department of taxation and finance pursuant to subdivision\nfour of section one hundred seventy-one-a and paragraph four of\nsubsection (a) of section six hundred seventy-four of the tax law. It\nfurther includes information in the state directory of new hires that\nhas been disclosed to the department for use in the unemployment\ninsurance program. Such information does not include the personnel or\ngeneral fiscal information of the department or information in the\npublic domain.\n  (ii) For purposes of this paragraph, the term public domain means: (A)\ninformation about the department and the unemployment insurance appeal\nboard; (B) information about applicable state and federal law, rules and\nregulations pertaining to unemployment insurance, including\ninterpretations thereof and statements of general policy and\ninterpretations of general applicability but excluding investigative\nmanuals and procedures pertaining to unemployment insurance; and (C) any\nagreements relating to the administration of this article.\nNotwithstanding the foregoing, nothing in this subdivision shall be\nconstrued to limit, restrict, or abrogate the department's right to deny\naccess to any records pursuant to the provisions of the public officers\nlaw.\n  b. Use of unemployment insurance information. Unemployment insurance\ninformation shall be for the exclusive use and information of the\ncommissioner in the discharge of his or her duties under this chapter\nand shall not be open to the public nor be used in any court in any\naction or proceeding pending therein unless the commissioner is a party\nto such action or proceeding, or such action or proceeding involves\ninformation provided pursuant to paragraph g of subdivision three of\nthis section, notwithstanding any other provisions of law. Such\ninformation insofar as it is material to the making and determination of\na claim for benefits or to adjudicating a claim for benefits shall be\navailable to the parties affected and, in the commissioner's discretion,\nmay be made available to the parties affected in connection with\neffecting placement.\n  c. Disclosure of unemployment insurance information to an individual\nor employer. (i) The department may disclose unemployment insurance\ninformation about an individual to such individual or unemployment\ninsurance information about an employer to such employer. As a condition\nto making such disclosure, the department shall require a written\nauthorization to disclose such information from the individual or\nemployer in a form acceptable to the department together with such proof\nof identity or authorization to act on behalf of the individual or\nemployer as the commissioner shall deem appropriate. Notwithstanding the\nforegoing, except as may otherwise be authorized under paragraph b of\nthis subdivision, this paragraph shall not be construed to authorize the\ndepartment to disclose information acquired from an employer under this\narticle to an individual or information acquired from an employee under\nthis article to an employer.\n  (ii) Nothing in this subdivision shall be construed to prohibit the\ndisclosure of the wage reporting information obtained by the department\nfrom the department of taxation and finance pursuant to subdivision four\nof section one hundred seventy-one-a and paragraph four of subsection\n(a) of section six hundred seventy-four of the tax law pertaining to an\nindividual to such individual or pertaining to an employer to such\nemployer.\n  d. Disclosure upon informed consent. (i) The department may disclose\nunemployment insurance information about an individual or an employer to\nan agent of such individual or employer, or to a third party, on the\nbasis of informed consent received from such individual or employer. An\ninformed consent from an individual shall not be construed to authorize\nthe department to disclose information acquired from an employer under\nthis article to an agent or third party identified in an individual's\ninformed consent nor to authorize the department to disclose information\nacquired from an individual under this article to the agent or third\nparty identified in the employer's informed consent. Nothing in this\nsubdivision shall be construed to prohibit the disclosure of the wage\nreporting information obtained by the department from the department of\ntaxation and finance pursuant to subdivision four of section one hundred\nseventy-one-a and paragraph four of subsection (a) of section six\nhundred seventy-four of the tax law pertaining to an individual to the\nagent or third party identified in the individual's informed consent or\npertaining to an employer to the agent or third party identified in the\nemployer's consent.\n  (ii) Informed consent shall consist of a written release from the\nindividual or employer to whom the information pertains. Where a written\nrelease is impossible or impracticable to obtain, the department may\naccept an informed consent from a representative acceptable to the\ndepartment, including but not limited to a conservator, guardian, or\nexecutor or administrator of a decedent's estate, together with such\ndocumentation as the department deems necessary, including but not\nlimited to orders of appointment or letters of administration, to\nestablish the right of the representative to act on the individual's\nbehalf. An informed consent must include a statement:\n  (A) specifically identifying the information that is to be disclosed;\n  (B) acknowledging that department files will be accessed to obtain the\ninformation;\n  (C) identifying the specific purpose or purposes for which the\ninformation is sought, subject to the limitations on such purpose or\npurposes set forth in subparagraph (iii) of this paragraph, and\nindicating that information obtained under the release will only be used\nfor that purpose or purposes; and\n  (D) identifying all the parties who may receive the information\ndisclosed pursuant to the consent.\n  (iii) The purpose specified in the release must be limited to\nproviding a service or benefit to the individual signing the release\nthat such individual expects to receive as a result of signing the\nrelease or for the purpose of carrying out administration or evaluation\nof a public program to which the release pertains.\n  e. Funding for disclosure of requested unemployment insurance\ninformation. Except as permitted under applicable federal law or\nregulation, or as otherwise authorized by agreement between the\ndepartment and the United States Department of Labor, federal\nunemployment insurance grant funds shall not be used to pay for any of\nthe costs incurred by the department in processing and handling a\nrequest for disclosure of unemployment information made under this\narticle.\n  2. Violations of the confidentiality provisions of this section. Any\nperson, who, without authority of the commissioner or as otherwise\nrequired by law, shall disclose information in violation of the\nconfidentiality provisions of this section, upon conviction, shall be\nguilty of a misdemeanor.\n  3. Exceptions. The commissioner may, however, disclose the information\ndescribed in subdivisions one and four of this section under the\nfollowing circumstances:\n  a. Federal law. The commissioner shall report fully and completely to\nthe appropriate agency of the United States on the effect and\nadministration of this article in the manner prescribed by such agency,\nand further he or she shall make information available, upon request, to\nany federal, state or local agency entitled to such information under\nthe social security act or any other federal law in the manner\nprescribed by such federal law or its implementing regulations.\n  b. Chief administrator of the courts; commissioners of jurors; county\nclerks; chief judges of United States district courts; clerks of the\ncourt or jury administrators of the United States district courts.\n  (i) The commissioner shall provide lists of the names of persons\nreceiving unemployment insurance benefits to the chief administrator of\nthe courts, appointed pursuant to section two hundred ten of the\njudiciary law. The lists shall be provided for the sole purpose of\nintegration into lists of prospective jurors as provided by section five\nhundred six of the judiciary law. The chief administrator of the courts\nshall upon request provide information from the lists to the\ncommissioner of jurors in each county or, in a county within a city\nhaving a population of one million or more, the county clerk of said\ncounty, solely for the purpose of compiling lists of prospective jurors\nfor the appropriate county. The lists of persons receiving unemployment\ninsurance benefits shall be provided only pursuant to a cooperative\nagreement between the chief administrator of the courts and the\ncommissioner that is consistent with all federal regulations or\nrequirements governing such disclosures and guarantees that all\nnecessary steps shall be taken by the chief administrator of the courts,\nthe commissioners of jurors and the county clerks to insure that the\nlists are kept confidential and that there is no unauthorized use or\ndisclosure of such lists. Furthermore, the lists will be provided only\nif the chief administrator of the courts determines that the lists are\nneeded for integration into lists of prospective jurors in one or more\ncounties.\n  (ii) The commissioner shall provide lists of the names of persons\nreceiving unemployment insurance benefits to the chief judge of any\nUnited States district court in New York State, appointed pursuant to\ntitle twenty-eight of the United States Code, section one hundred\nthirty-six. The lists shall be provided for the sole purpose of\nintegration into lists of prospective jurors in such United States\ndistrict court. The chief judge of such district court shall upon\nrequest provide information from the lists to the clerk of the court or\njury administrator of such United States district court, solely for the\npurpose of compiling lists of prospective jurors for such district\ncourt. The lists of persons receiving unemployment insurance benefits\nshall be provided only pursuant to a cooperative agreement between the\nchief judge of such district court and the commissioner that is\nconsistent with all federal regulations or requirements governing such\ndisclosures and guarantees that all necessary steps shall be taken by\nthe chief judge of the district court, the clerk of the court or jury\nadministrator of such district court to insure that the lists are kept\nconfidential and that there is no unauthorized use or disclosure of such\nlists. Furthermore, the lists will be provided only if the chief judge\nof such district court determines that the lists are needed for\nintegration into lists of prospective jurors in such district.\n  c. Nothing herein shall be construed to prohibit the delivery of\nunemployment benefit information contained in the department's records\nto the secretary of health and human services of the United States or\nthe state agency responsible for collecting such information, in\naccordance with regulations promulgated by such secretary, as necessary\nfor the purposes of the national directory of new hires as established\nunder section four hundred fifty-three A of the social security act, as\nadded by section three hundred thirteen of the personal responsibility\nand work opportunity reconciliation act of 1996, P.L. 104-193.\n  d. (i) Nothing herein shall be construed to prohibit the disclosure\nquarterly, to the secretary of health and human services of the United\nStates or the state agency responsible for collecting such information,\nclaim information contained in the department's records, as required by\nsection four hundred fifty-three A of the social security act\n(establishing the national directory) as amended by section three\nhundred thirteen of the personal responsibility and work opportunity\nreconciliation act of 1996, P.L. 104-193. Such claim information is to\nbe used only for the purposes of section four hundred fifty-three A of\nthe social security act in carrying out child support enforcement\nprograms. Costs of furnishing such claim information shall be reimbursed\nconsistent with federal law and regulations.\n  (ii) For the purpose of this paragraph the term "claim information"\nmeans information regarding whether an individual is receiving, has\nreceived, or has made application for, unemployment insurance benefits,\nthe amount of such benefits being received or to be received and the\nindividual's most recent address contained in the department's records.\n  e. Nothing herein shall be construed to prohibit the disclosure of\nclaim information as defined in subparagraph (ii) of paragraph d of this\nsubdivision to the "state directory of new hires," as established under\nsection one hundred seventy-one-h of the tax law as amended, and to the\nstate office of temporary and disability assistance for disseminating to\nsupport collection units designated by social services districts or\ntheir duly authorized agents for all purposes designated by the personal\nresponsibility and worker opportunity reconciliation act of 1996, public\nlaw 104-193. The cost of providing such claim information shall be\nreimbursed consistent with federal law and regulations.\n  f. United States census bureau. Upon request to the commissioner, such\ninformation may be disclosed to the United States census bureau for\nstatistical analyses related to population and employment measurements\nand trends. The confidentiality of such information shall be protected\nby subdivisions one and two of this section and title thirteen of the\nUnited States Code and subject to the terms of a written agreement\nbetween the United States census bureau and the commissioner.\n  g. Federal, state and local agencies. (i) Upon request to the\ncommissioner, such information may be disclosed to certain federal,\nstate and local agencies. The commissioner may require written\nagreements with requesting agencies in a form determined by the\ncommissioner and consistent with 20 CFR 603 and other federal\nregulations. The information that may be disclosed pursuant to this\nparagraph shall be disclosed only after the requesting agency has\ndemonstrated, to the commissioner's satisfaction, that the information\nshall be kept confidential, except for those purposes for which it was\nprovided to the requesting agency, and that the requesting agency has\nsecurity safeguards in place to prevent the unauthorized disclosure of\nsuch information.\n  (ii) The information disclosed pursuant to this paragraph may be\ndisclosed to the following agencies to be used exclusively for the\nfollowing legitimate governmental purposes:\n  (1) any federal, state or local agency in the investigation of fraud\nrelating to public programs, or misuse of public funds;\n  (2) any state or United States territorial workforce agency, local\nworkforce investment board and its agents, and one-stop operating\npartner receiving funds under the workforce investment act of 1998 for\nprogram performance purposes and other legitimate programmatic purposes\nauthorized by the commissioner;\n  (3) the United States department of labor or its agents, as required\nby law, or in connection with the requirements imposed as a result of\nreceiving federal administrative funding;\n  (4) state and local economic development agencies, or their agents,\nwhere such information is necessary to carry out the statutory functions\nof such agencies, shall receive a quarterly census of employment and\nwage information compiled by the department, provided that such\ndisclosure shall not violate federal law. Any redisclosure of\ninformation obtained by such agencies under this clause shall be limited\nto tabulation and publication of such information in an aggregated\nstatistical form. No individual identifying information obtained\npursuant to this clause shall be redisclosed in the course of the\ntabulation or publication. As used in this clause, the term "aggregated\nstatistical form" shall mean, in the case of information regarding\nindividuals, a data set that includes information about not fewer than\nten individuals, and, in the case of employer information, a data set\nthat includes information about no fewer than three employers, of which\nno one employer comprises more than eighty percent of the aggregated\ndata set; and\n  (5) the workers' compensation board, the state insurance fund and the\nstate department of financial services, for purposes of determining\ncompliance with the coverage of workers' compensation and disability\ninsurance and to the workers' compensation board for purposes of\ndetermining eligibility for workers' compensation benefits.\n  (6) any federal, state, or local law enforcement agency in accordance\nwith a proper judicial order or grand jury subpoena served upon the\ndepartment.\n  (7) the office of temporary and disability assistance, or local social\nservices districts, for purposes of establishing or verifying the income\nand eligibility of applicants for, or recipients of, benefits under\nstate public assistance programs for such benefits. Information obtained\nby the office of temporary and disability assistance under this clause\nshall not be disclosed, except to local social services districts for\npurposes of establishing or verifying the income and eligibility of\napplicants for, or recipients of, benefits under state public assistance\nprograms.\n  (8) the office of vocational and educational services for individuals\nwith disabilities of the education department for the evaluation of the\neffect on earnings of participants, or former participants, in\nemployment and training programs for which the office of vocational and\neducational services for individuals with disabilities of the education\ndepartment has reporting, monitoring or evaluating responsibilities.\n  (9) the commission for the blind for the evaluation of the effect on\nearnings of participants, or former participants, in employment and\ntraining programs for which the commission for the blind has reporting,\nmonitoring or evaluating responsibilities.\n  (10) any other federal, state, or local governmental agency, including\nthe state university of New York, the city university of New York, and\nany of their constituent units, or the agents or contractors of a\ngovernmental agency, where such information is to be used for (A)\nevaluation of program performance, including, but not limited to,\nlongitudinal outcome analysis of programs (including programs funded by\npublic or private moneys or a combination thereof) to the extent\npermitted by federal law; (B) financial or other analysis required by\nfederal, state, or local law or regulation; (C) preparation of reports\nrequired by federal, state, or local law or regulation; (D) operation of\npublic programs by such agencies, their agents, contractors and\nsubcontractors, whenever the commissioner determines that such\ninformation sharing is for the purpose of improving the quality or\ndelivery of program services or to create operational efficiencies; or\n(E) establishment of common case management systems between federal,\nstate, or local agencies delivering or supporting workforce services for\na shared customer base, wherever such common case management system is\nfor the purpose of fostering workforce partnerships, program\ncoordination, inter-agency collaboration, improving program services, or\ncreating operational efficiencies. Any redisclosure of information\nobtained by such agencies, their agents, or their contractors under this\nclause shall be limited to tabulation and publication of such\ninformation in an aggregated statistical form, except when an agency,\nits agent, its contractor or other agency must exchange such information\nfor an authorized purpose as provided for in the written agreement\nrequired by 20 CFR Part 603. No individual identifying information\nobtained pursuant to paragraph d of subdivision one of this section\nshall be redisclosed in the course of the tabulation or publication. As\nused in this clause, the term "aggregated statistical form" shall mean,\nin the case of information regarding individuals, a data set that\nincludes information about no fewer than ten individuals, and, in the\ncase of employer information, a data set that includes information about\nno fewer than three employers, of which no one employer comprises more\nthan eighty percent of the aggregated data set. When the commissioner\napproves a requested disclosure of information for the purposes of a\nlongitudinal study, the commissioner shall allow such information to be\nused for a specified period of time as provided for in the written\nagreement required by 20 CFR Part 603. Such agreement may only provide\nfor information to be used for a period of up to ten years but may be\nrenewed for additional periods of time.\n  (11) (A) Pursuant to clause ten of this subparagraph, the commissioner\nshall electronically post in a place accessible by the general public\n(i) the minimum conditions for granting a request from governmental\nagencies for disclosure of information, (ii) a standard application for\nsubmitting requests for disclosure of unemployment insurance information\nin individually identifiable form in accordance with paragraph d of\nsubdivision one of this section, in de-identified unit level form, or\naggregated statistical form, (iii) the timeframe for information request\ndeterminations by the commissioner, such that within twenty business\ndays of receiving a request, the commissioner shall either approve or\ndeny the request or ask for additional information; within twenty\nbusiness days of receiving a request for additional information, the\nrequesting agency shall respond to the commissioner, and; within thirty\ncalendar days of receiving the additional information, the commissioner\nshall provide a final approval or denial of the request, and (iv)\ncontact information for assistance with requests for disclosure of\ninformation.\n  (B) Any approval or denial pursuant to clause ten of this subparagraph\nshall be in writing. Denials shall identify the reason or category of\nreason for the denial.\n  (C) The commissioner shall issue guidelines regarding the development\nof agreements with respect to disclosures approved pursuant to clause\nten of this subparagraph, and such guidelines shall include, but not be\nlimited to, the process and timeframe for developing such agreements and\nthe terms therein consistent with 20 CFR Part 603 and other federal\nregulations.\n  h. Department contractors, subcontractors, or agents. The department\nmay disclose unemployment insurance information to its contractors,\nsubcontractors, or agents as the commissioner deems necessary to carry\nout the statutory functions of the department. Such disclosure shall be\nconsistent with the authorized purposes described in subdivision four of\nthis section and all applicable federal regulations, guidelines and\npolicies.\n  i. Payment to the department for disclosure of requested unemployment\ninsurance information. (1) Except as permitted under applicable federal\nlaw or regulation, or as otherwise authorized by agreement between the\ndepartment and the United States department of labor, federal\nunemployment insurance grant funds shall not be used to pay for any of\nthe costs incurred by the department in processing and handling a\nrequest for disclosure of unemployment information made under this\narticle. Such costs shall be calculated, collected, and administered by\nthe department consistent with applicable federal rules and guidelines\nand shall be paid in advance of disclosure to the department by the\nentity requesting the information or by another party acting on behalf\nof such entity. Where the recipient is a public official, the department\nmay accept payment of costs by way of reimbursement.\n  (2) Costs paid under this paragraph shall be income of the state\nunemployment insurance program and shall only be used as permitted under\nthe provisions of applicable federal regulations or guidelines governing\nthe assessment and expenditure of such costs.\n  4. Wage reporting information obtained by the department from the\nstate department of taxation and finance pursuant to subdivision four of\nsection one hundred seventy-one-a of the tax law, as added by chapter\nfive hundred forty-five of the laws of nineteen hundred seventy-eight,\nand information obtained or derived from quarterly combined withholding,\nwage reporting and unemployment insurance returns required to be filed\nby employers pursuant to paragraph four of subsection (a) of section six\nhundred seventy-four of the tax law shall be considered confidential and\nshall be used for the administration of the unemployment insurance\nprogram, employment services program, federal and state employment and\ntraining programs, employment statistics and labor market information\nprograms, employer services program, worker protection programs, federal\nprograms for which the department has administrative responsibility or\nfor other purposes deemed appropriate by the commissioner under this\nchapter. Such information shall not be disclosed to persons or agencies\nother than those considered entitled to such information under the\nsocial security act or other federal law, or as provided in subdivision\nthree of this section or when such disclosure is necessary for the\nproper administration of the department's unemployment insurance\nprogram, employment services program, employment and training programs,\nworker protection programs, federal programs for which the department\nhas administrative responsibility or for other purposes deemed\nappropriate by the commissioner under this chapter. Any reports\nconcerning employment and training programs submitted to a state or\nfederal agency shall also be submitted to the governor, the temporary\npresident of the senate, the speaker of the assembly and the chairs of\nthe labor committees in the senate and the assembly.\n  5. Withholding tax information obtained by the department from the\nstate department of taxation and finance pursuant to subsection (1) of\nsection six hundred ninety-seven of the tax law shall be confidential\nand shall not be disclosed or redisclosed by any person or agency except\nin accordance with the provisions of subsections (e) and (l) of section\nsix hundred ninety-seven of such law. When used for the purpose of\nevaluating monitoring or reporting on the department's employment\nsecurity and training programs, access to such information shall be\nlimited to that which concerns individuals who applied to or\nparticipated in such programs.\n  7. The department shall notify all applicants to, and participants in,\nemployment security and training programs for which the department has\nreporting, monitoring or evaluating responsibilities that information\nobtained from the department of taxation and finance may be used to\nevaluate program effectiveness of up to ten years after such application\nor participation, whichever is later.\n
N.Y. ENV Law § 13-0355 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0355
Recreational marine fishing registration
Status: in_force

§ 13-0355. Recreational marine fishing registration.\n  1. Definitions of registrations; privileges. A recreational marine\nfishing registration entitles the holder who is sixteen years of age or\nolder to take fish from the waters of the marine and coastal district\nand to take migratory fish of the sea from all waters of the state,\nexcept as provided in sections 13-0333 and 13-0335 of this title. A\nrecreational marine fishing registration is effective for one year from\nthe date it was issued.\n  2. General provisions. a. The privileges of a recreational marine\nfishing registration may be exercised only at the times and places, and\nin the manner and to the extent, permitted by the fish and wildlife law\nand applicable regulations of the department.\n  b. Recreational marine fishing registrations are not transferable. No\nperson shall alter, change, lend to another person or attempt to\ntransfer to another person any recreational marine fishing registration.\n  c. A registration issued in lieu of a lost or destroyed registration\nis void if it is obtained: (i) by fraud; or (ii) by a person who is not\nauthorized to hold it or who makes a false statement in applying for it.\n  d. No registration authorizes the holder (a) to trespass upon private\nlands or waters or to interfere with property belonging to another\nperson; (b) to take fish or wildlife on an Indian reservation; (c) to\nenter upon, or to take or disturb fish or wildlife upon, state lands or\nwaters posted by the department except in accordance with a written\npermit from the department or an order adopted by the department; (d) to\ntake any fish or wildlife in any area closed to the taking of fish or\nwildlife, or to take any species of fish, wildlife or protected insect\nin an area closed to the taking of such species.\n  3. Failure to carry registration. a. The holder of a recreational\nmarine fishing registration shall:\n  (i) at all times have such registration on the holder's person while\nexercising any privilege of that registration; and\n  (ii) shall exhibit such registration on demand to any police officer,\npeace officer, or owner, lessee or other person in control of the lands\nor waters or the designees of the owner, lessee or person in control of\nthe lands or waters on which the registration holder is present and is\nexercising the privileges thereof.\n  b. Failure to have a recreational marine fishing registration on one's\nperson while exercising any privilege of that registration is\npresumptive evidence that such person is fishing without holding the\nregistration required by this section.\n  4. Fees. No applicant for a recreational marine fishing registration\nshall be required to pay a fee for such registration.\n  5. Exemption from requirement of recreational marine fishing\nregistration. a. Minors under the age of sixteen may take fish as if\nthey held a recreational marine fishing registration.\n  b. Recreational fishing passengers on a marine and coastal district\nparty or charter boat licensed and registered pursuant to section\n13-0336 of this title may take fish as if they held a recreational\nmarine fishing registration.\n  6. Recreational marine fishing registration data. a. The department is\nauthorized to collect data on holders of recreational marine fishing\nregistrations, which shall include but not be limited to, a registrant's\nname, address and date of birth.\n  b. Registration holder data collected by the department or available\nto the department shall be confidential and shall not be disclosed\nexcept as required to comply with section 401(g) of the Magnuson-Stevens\nfisheries management and conservation act (16 U.S.C. 1881), as may be\namended from time to time, or by court order, except that the department\nmay release or make public any statistics in an aggregate or summary\nform which does not make it possible to identify any person who submits\nsuch data. The department may prescribe such procedures as may be\nnecessary to preserve such confidentiality.\n  7. Reciprocity in boundary waters. If persons holding recreational\nmarine fishing registrations issued under the New York fish and wildlife\nlaw are not required to have licenses or registrations issued by a state\nnamed in paragraph a, b or c of this subdivision when fishing in that\npart of the waters, specified in such paragraph, which lies within that\nstate then, in such case, a person holding a similar license or\nregistration issued by such state may, without a recreational marine\nfishing registration issued under the New York fish and wildlife law,\ntake fish as provided in this title, from that part of such waters\nspecified in paragraph a, b or c of this subdivision which lies within\nthis state:\n  a. License or registration issued by Connecticut: those parts of Long\nIsland Sound lying between New York and Connecticut.\n  b. License or registration issued by New Jersey: those parts of New\nYork Harbor, Hudson River, Kill Van Kull, Arthur Kill, Raritan Bay and\nAtlantic Ocean lying between New York and New Jersey.\n  c. License or registration issued by Rhode Island: those parts of Long\nIsland Sound, Block Island Sound and Atlantic Ocean lying between New\nYork and Rhode Island.\n
N.Y. VAT Law § 399-K — New York Code / Act VAT / Title 3 / Article 12-C / Section 399-K
Accident prevention course internet technology pilot program
Status: in_force

* § 399-k. Accident prevention course internet technology pilot\nprogram.  The commissioner shall establish and implement a comprehensive\npilot program to review and study internet, and other technologies as\napproved by the commissioner, as a training method for the\nadministration and completion of an approved accident prevention course\nfor the purposes of granting point and insurance premium reduction\nbenefits.\n  * NB Repealed April 1, 2028\n
N.Y. ENV Law § 3-0319 — New York Code / Act ENV / Article 3 / Title 3 / Section 3-0319
Sea level rise projections
Status: in_force

§ 3-0319. Sea level rise projections.\n  The department shall, no later than January first, two thousand\nsixteen, adopt regulations establishing science-based state sea level\nrise projections. In adopting such regulations, the department shall\nconsider information including, but not limited to, reports of the\nIntergovernmental Panel on Climate Change, the National Oceanic\nAtmospheric Administration Climate Assessment, the Sea Level Rise Task\nForce report created pursuant to chapter six hundred thirteen of the\nlaws of two thousand seven, projections prepared by the New York City\nPanel on Climate Change and any other relevant regional, state and local\nreports. The department shall update such regulations no less than every\nfive years.\n
N.Y. VAT Law § 312 — New York Code / Act VAT / Title 3 / Article 6 / Section 312
Registration of motor vehicles
Status: in_force

§ 312. Registration of motor vehicles. 1. (a) No motor vehicle shall\nbe registered in this state unless the application for such registration\nis accompanied by proof of financial security which shall be evidenced\nby proof of insurance or evidence of a financial security bond, a\nfinancial security deposit or qualification as a self-insurer under\nsection three hundred sixteen; provided that, if directed by regulation\nof the commissioner, upon renewal of registration an application\naccompanied by a certificate of registration or renewal stub in force\nimmediately preceding the date of application for renewal, together with\na statement in a form prescribed by the commissioner certifying that\nthere is in effect proof of financial security, shall meet the\nrequirements of this section. Upon the issuance or renewal of a private\npassenger automobile insurance policy subject to the provisions of\nsection one hundred sixty-seven-aa of the insurance law, the insurance\ncompany shall provide the insured with an informational statement\noutlining the legal and financial consequences of convictions under\nsection one thousand one hundred ninety-two of this chapter, pertaining\nto operating a motor vehicle while under the influence of alcohol or\ndrugs. Such information shall be supplied to the company by the state\ndepartment of financial services in consultation with the commissioner.\n  (b) The owner of such motor vehicle shall maintain proof of financial\nsecurity continuously throughout the registration period and his failure\nto produce proof of financial security when requested to do so upon\ndemand of a magistrate, motor vehicle inspector, peace officer, acting\npursuant to his special duties, or police officer, while such vehicle is\nbeing operated upon the public highway, shall be presumptive evidence of\noperating a motor vehicle without proof of financial security. Upon the\nproduction of proof of financial security such presumption is removed.\nProduction of proof of financial security may be made by mailing such\nproof to the court having jurisdiction in the matter, and any necessary\nresponse by such court or acknowledgement of the production of such\nproof may also be made by mail. When insurance with respect to any motor\nvehicle, other than a motorcycle, is terminated the owner shall\nsurrender forthwith his registration certificate and number plates of\nthe vehicle to the commissioner unless proof of financial security\notherwise is maintained in compliance with this article.\n  2. No financial security bond shall be accepted by the commissioner\nunless it is conditioned for payments in amount and under the same terms\nand conditions as are required for an owner's policy of liability\ninsurance.\n  3. No financial security deposit shall be accepted by the commissioner\nexcept in accordance with the provisions of section three hundred\nfourteen.\n  4. The commissioner is hereby authorized to promulgate reasonable\nregulations to provide effective administration and enforcement of the\nprovisions of this article in accordance with the purposes thereof.\n  5. Notwithstanding any inconsistent provisions of this article, the\ncommissioner may by regulation, in lieu of the provisions of subdivision\none requiring the submission of a certificate of insurance or evidence\nof a financial security bond, require that an insurance identification\ncard be presented each time a vehicle is registered or a registration is\nrenewed in this state.\n
N.Y. ENV Law § 19-0306 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0306
Municipal solid and regulated medical waste incineration facilities
Status: in_force

§ 19-0306. Municipal solid and regulated medical waste incineration\n             facilities.\n  1. Definitions. When used in this section:\n  a. "Municipal solid waste incineration facility" means a facility that\nis owned, operated, or utilized by, or under contract with, a\nmunicipality or political subdivision and which utilizes high\ntemperature thermal destruction technologies, including combustion for\nthe recovery of thermal value or for the disposal of municipal solid\nwaste.\n  b. "Solid waste" means any materials or substances discarded or\nrejected as being spent, useless, worthless, or in excess to the owner\nat the time of such discharge or rejection, except sewage and other\nhighly diluted water carried materials or substances and those in\ngaseous form.\n  c. "Regulated medical waste incineration facility" means an\nincinerator which is operated or utilized for the disposal or treatment\nof regulated medical waste, as defined in title 15 of article 27 of this\nchapter and which may utilize high temperature thermal destruction\ntechnologies, including combustion for the recovery of thermal value.\n  2. Within thirty days of the effective date of this section and\npursuant to the state administrative procedure act, the commissioner\nshall, in consultation with the commissioner of health, propose final\ndraft operating requirements for emissions of air contaminants from\nmunicipal solid waste incineration facilities. Such operating\nrequirements shall be effective and shall apply to municipal solid waste\nincineration facilities for which a permit to construct has been issued\nand final engineering drawings have been accepted by the commissioner\nafter one hundred twenty days after such operating requirements have\nbeen formally promulgated. Such operating requirements shall govern the\noperation and management of such facilities with respect to air\ncontamination, and shall include but not be limited to provisions for:\n  a. Maintenance of a minimum incineration temperature and the means and\nlocation at which such temperature shall be measured;\n  b. Residence or exposure time for incineration;\n  c. Appropriate levels of control for acid gas, sulfur dioxide, oxides\nof nitrogen, and hydrochloric acid with regard to the following:\n  (i) the level of protection provided the public health and\nenvironment;\n  (ii) the likely or potential reductions of acid gas emissions from a\nseparate, nearby source of such emissions as a result of a proposed\nfacility becoming operational;\n  (iii) the likely economic impact of such controls due to associated\ncapital and operating costs, and in relation to alternative solid waste\nmanagement options, including landfilling; and\n  (iv) the appropriateness of reduced or modified levels of such\ncontrols for smaller facilities;\n  d. Combustion efficiency;\n  e. Monitoring of emissions for toxic air contaminants, or surrogates\nthereof where appropriate, to determine compliance with permit emission\nlimits twice within the first eighteen months of operation and once each\nwithin the next two eighteen month intervals and subsequently at the\ndiscretion of the commissioner, and following any detection of permit\nviolations in a manner to be determined by the commissioner;\n  f. Continuous monitoring for oxygen, carbon monoxide, carbon dioxide,\nopacity and temperature;\n  g. Sampling and testing of the combined ash and dust residue at least\nannually to determine appropriate disposition or disposal based on\nrelative toxicity; provided, however, that separate testing of ash and\ndust shall be required if they are not mixed prior to disposal.\n  3. The department shall undertake further investigation of appropriate\ncooling methods for achieving the condensation and collection of air\ncontaminants and of the necessity for, and appropriate means of,\nregulating fine particulates. Upon such investigation, the commissioner\nshall issue a report on his findings and may promulgate appropriate\nregulations.\n  4. The department shall, in promulgating any new or revised rule or\nregulation, accompany such rule making with an environmental impact\nstatement or a written assessment stating the extent to or means by\nwhich such rule or regulation will prevent, control or prohibit air\npollution.\n  5. Operating requirements established pursuant to this section for\nmunicipal incineration facilities shall be embodied in rules and\nregulations of the department promulgated in accordance with the state\nadministrative procedure act.\n  6. On or before the effective date of this subdivision, the\ncommissioner shall, in consultation with the commissioner of health,\npromulgate proposed operating requirements for the emission of air\ncontaminants from regulated medical waste incineration facilities. Such\noperating requirements shall, where appropriate, be consistent with the\nprovisions of this section provided, however, that the commissioner\nshall require such facilities to employ the best available control\ntechnologies. Such operating requirements shall be effective and shall\napply to all regulated medical waste incineration facilities, for which\nan operating permit has been issued, ninety days after such operating\nrequirements have been formally promulgated pursuant to the state\nadministrative procedure act provided, however, that where regulated\nmedical waste incineration facilities are owned by health care\nfacilities licensed pursuant to article twenty-eight of the public\nhealth law and in operation by permit of the department on or before\nSeptember first, nineteen hundred eighty-seven, then such standards\nshall become effective as to such facilities on January first, nineteen\nhundred ninety-two.\n  7. Each person who operates a facility for the incineration of\nregulated medical waste shall report to the commissioner on the volume\nand sources of regulated medical waste that it incinerated on-site\nduring the six months next following the effective date of this\nsubdivision. Such report shall be the same as or similar to the report\nrequired to be filed with the administrator. The commissioner is\nauthorized to require reports pursuant to this subdivision at least\nannually thereafter.\n
N.Y. ENV Law § 19-0319 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0319
Centrally fueled fleet program
Status: in_force

§ 19-0319. Centrally fueled fleet program.\n  1.  The department shall develop a centrally fueled fleet program for\nlight duty and heavy duty vehicles, as specified in subdivision (b) of\nsection 7586 of the Act, unless the department has adopted a substitute\nprogram or programs for the centrally fueled fleet program, provided\nthat the substitute program meets the criteria set forth in section\n7511a(c)(4)(B) of the Act for administrator approval of such program.\n  2. Such centrally fueled fleet program shall be developed in\nconsultation with fleet operators, vehicle manufacturers, fuel producers\nand distributors, and other interested parties taking into account\noperational range, specialty uses, vehicle and fuel availability, costs,\nsafety, resale value of vehicles and equipment and other relevant\nfactors.\n  3. Such centrally fueled fleet program shall contain provisions\nrequiring that at least a specified percentage of all new covered fleet\nvehicles in model year nineteen hundred ninety-eight and thereafter\npurchased by each covered fleet operator shall be clean fuel vehicles\nand shall use clean alternative fuels when operating in the covered\nareas. For the applicable model years (MY) and vehicle types the\nspecified percentages shall be no less than the percentages specified in\nthe following table:\n           CLEAN FUEL VEHICLE PHASE-IN REQUIREMENTS FOR FLEETS\nVehicle Type\n                                              MY1998    MY1999    MY2000\nLight-duty trucks up to 6000 lbs.\nGVWR & light-duty vehicles ..................    30%       50%       70%\nHeavy-duty trucks above\n8,500 lbs. GVWR .............................    50%       50%       50%\n  4. Such centrally fueled fleet program shall also provide that the\nchoice of clean fueled vehicles and clean alternative fuels shall be\nmade by the covered fleet operator subject to the requirements of this\nsection.\n  5. Such centrally fueled fleet program shall require fuel providers to\nmake clean alternative fuel available to covered fleet operators at\nlocations at which covered fleets are centrally fueled.\n
N.Y. ELD Law § 244 — New York Code / Act ELD / Article 2 / Title 3 / Section 244
Powers of the commissioner of health
Status: in_force

§ 244. Powers of the commissioner of health. The powers of the\ncommissioner of health in administering the elderly pharmaceutical\ninsurance coverage program shall include but not be limited to the\nfollowing:\n  1. subject to the approval of the director of the budget, promulgating\nprogram regulations pursuant to section two hundred forty-six of this\ntitle;\n  2. determining the annual schedule of cost-sharing responsibilities of\neligible program participants pursuant to section two hundred\nforty-seven of this title;\n  3. entering into contracts pursuant to section two hundred forty-three\nof this title;\n  4. implementing alternative program improvements for the efficient and\neffective operation of the program in accordance with the provisions of\nthis title;\n  5. establishing or contracting for a therapeutic drug monitoring\nprogram, for the purpose of monitoring therapeutic drug use by eligible\nprogram participants in an effort to prevent the incorrect or\nunnecessary consumption of such therapeutic drugs; and\n  6. monitor the provision of services pursuant to contractual\narrangements entered into pursuant to section two hundred forty-three of\nthis title and examine and review all documents and other information to\nassure compliance with all provisions of this article whether such\ndocuments or other information are under the control of a contractor or\na participating provider pharmacy.\n
N.Y. GOB Law § 15-304 — New York Code / Act GOB / Article 15 / Title 3 / Section 15-304
Forfeiture and cancellation of oil, gas or mineral land leases
Status: in_force

§ 15-304. Forfeiture and cancellation of oil, gas or mineral land\nleases. 1. When any oil, gas or mineral land lease given on land\nsituated in any county of New York state and recorded therein becomes\nforfeited, terminates or expires by its own terms, the lessee, or where\nthe lessee has assigned its interest, the assignee, within thirty days\nafter the date of the forfeiture, termination or expiration, shall\nprovide to the current owner of the land which is subject to the lease,\nwithout cost to such owner, a document in recordable form cancelling the\nlease as of record in the county where the leased land is situated.\n  2. If any lessee, or its assignee fails to cancel a lease, as provided\nfor in subdivision one of this section, the current owner of the land\nwhich is subject to the lease may:\n  (a) serve notice upon the lessee, and if actual or record notice of\ntheir identity exists, to its assignee, that such lease be cancelled as\nof record, and stating that if such release is not executed within\nthirty days of the service of such notice, the lease will be terminated\nand no longer of any effect. Such notice shall also state;\n  (i) the names and addresses of the lessor and lessee if contained in\nthe lease;\n  (ii) the name and address of the person giving notice and a statement\nas to his interest;\n  (iii) the state, county and city or town where the leased premises is\nlocated along with the location and a general description of the\nproperty as contained in the lease;\n  (iv) if located in a unit, the name or description of the unit if\nknown;\n  (v) if there is a well on the leased land, the name or number of the\nwell if known;\n  (vi) the date of the execution of the lease; and\n  (vii) the date of termination of the lease and the basis of such\ntermination.\n  (b) service of such notice demanding a release shall be effected\neither personally, by certified mail to the lessee's, and where the\nlease has been assigned, the assignee's, last known business address,\nor, if service cannot be made with due diligence by the prior two\nmethods, by publication once a week for three weeks in a newspaper of\ngeneral circulation in the county where the leased land is situated;\n  (c) If the lessee or its assignee claims that the lease is still in\nfull force and effect, either of these parties shall, within thirty days\nof the service of such notice of demand to cancel the lease, file an\naffidavit with the recording offices of the county wherein the land is\nsituated. Such affidavit shall state that the lease is in full force and\neffect and a copy of such affidavit shall be delivered to the person\nserving the demand within ten days of the filing of the affidavit;\n  (d) If such affidavit is not filed within the required time, the\ncurrent landowner may file a copy of the original notice to the lessee\nor assignee and an affidavit of service thereof with the recording\nofficer of the county in which the leased land is situated, and by such\nfiling the lease shall be cancelled and of no further effect.\n  4. For purposes of this section, the term "mineral" shall not include\nsalt, as defined by subdivision eighteen of section 23-0101 of the\nenvironmental conservation law.\n  5. For the purposes of this section, where the landowner is not the\nowner of the oil, gas or mineral rights, the reference to "landowner"\nshall be deemed to mean the owner of such oil, gas or mineral rights.\n  6. This section shall apply to all leases entered into before, on or\nafter the effective date of this section.\n
N.Y. LAB Law § 428 — New York Code / Act LAB / Article 15 / Title 3 / Section 428
Physical examinations
Status: in_force

§ 428. Physical examinations. If an employee is a new employee, an\nabsentee for ten or more successive days, an employee who has worked in\ncompressed air continuously for three months or a beginner in compressed\nair who has worked but a single shift as required by section four\nhundred and thirty, the officer or officers required by subdivision one\nof section four hundred and twenty-seven shall examine him and declare\nhim physically fit to work in compressed air before permitting him to\nenter or re-enter the working chamber.\n
N.Y. VAT Law § 320 — New York Code / Act VAT / Title 3 / Article 6 / Section 320
Notice to other jurisdictions
Status: in_force

§ 320. Notice to other jurisdictions. The commissioner shall transmit\na certified copy of any record of any conviction under this article or\nof any action taken pursuant to this article resulting in revocation of\na non-resident's privilege to operate a motor vehicle in this state or\nthe privilege of the operation within this state of any motor vehicle\nowned by him to the motor vehicle commissioner or officer performing\nsimilar functions in the state in which such non-resident resides.\n
N.Y. RSS Law § 316-D — New York Code / Act RSS / Article 8 / Title 3 / Section 316-D
Amortization of a portion of the state's contribution bills for fiscal year ending March thirty-first, two thousand six
Status: in_force

§ 316-d. Amortization of a portion of the state's contribution bills\nfor fiscal year ending March thirty-first, two thousand six. a. If the\ncomptroller, in his or her discretion, decides to permit amortization of\nemployer contributions pursuant to this section, then, on the basis of\nthe annual actuarial valuation made as of April first, two thousand four\nas provided for in this chapter, the comptroller shall determine the\nannual amount (exclusive of payments for group term life insurance,\ndeficiency payments, adjustments relating to prior fiscal years'\nobligations and obligations pertaining to retirement incentives or any\nother obligations that the state is permitted to pay on an amortized\nbasis) required to be paid pursuant to section three hundred\ntwenty-three-a of this article for the fiscal year ending March\nthirty-first, two thousand six. The amount by which the contribution\namount with respect to fiscal year ending March thirty-first, two\nthousand six exceeds nine and one-half percent of the estimated\npensionable salary base for fiscal year ending March thirty-first, two\nthousand six shall be the "amount eligible for amortization." The\n"amount eligible for amortization" shall be amortized over a ten-year\nperiod at eight percent interest per annum, with the first of ten equal\npayments payable during fiscal year ending March thirty-first, two\nthousand seven, provided, however, that on or before September first,\ntwo thousand five the comptroller, in his or her discretion, may\nestablish a fixed rate of interest per annum to be applied to the unpaid\nbalance of the amounts eligible for amortization of all employers which\nmore closely approximates a market rate of return on taxable fixed rate\nsecurities with similar terms issued by comparable issuers.\n  b. The state may, in lieu of paying its bill for the fiscal year\nending March thirty-first, two thousand six, pay a lesser amount during\nthe fiscal year ending March thirty-first, two thousand six which shall\nbe determined by the comptroller by adding the following two amounts\ntogether:\n  (1) the entire bill for the fiscal year ending on March thirty-first,\ntwo thousand six, calculated pursuant to section three hundred\ntwenty-three-a of this article (without reference to this section) less\nthe "amount eligible for amortization" determined pursuant to\nsubdivision a of this section; and\n  (2) the first annual installment of the "amount eligible for\namortization" determined pursuant to section three hundred sixteen-c of\nthis title, if applicable.\n  c. If the state makes the payment provided for in subdivision b of\nthis section, the state shall pay during the fiscal year ending March\nthirty-first, two thousand seven an amount determined by the comptroller\nby adding the following three amounts together:\n  (1) the state's entire bill for the fiscal year ending March\nthirty-first, two thousand seven, calculated pursuant to section three\nhundred twenty-three-a of this article (without reference to this\nsection);\n  (2) the first annual installment of the "amount eligible for\namortization" determined pursuant to subdivision a of this section; and\n  (3) the second annual installment of the "amount eligible for\namortization" determined pursuant to subdivision a of section three\nhundred sixteen-c of this title, if applicable.\n  d. The remaining amortized payments determined pursuant to section\nthree hundred sixteen-c of this title and pursuant to this section shall\nbe due and payable each subsequent fiscal year during the applicable\namortization period. The comptroller shall have the authority to permit\nthe pre-payment of the remaining balance of the "amount eligible for\namortization" determined pursuant to both such section subject to the\nfollowing:\n  (1) on or before August first, two thousand five in addition to\nadvising with respect to the amount due for the current year billing and\nfor the payment of the amortized annual installments determined pursuant\nto section three hundred sixteen-c of this title and pursuant to this\nsection, the comptroller shall advise the state of the total amount due\nand be authorized to accept pre-payment in full of said amount for the\nfiscal year ending March thirty-first, two thousand six.\n  (2) on or before each subsequent August first during the amortization\nperiod, in addition to the amount due for the current year billing and\nfor the payment of the annual amortized installment, the comptroller\nshall advise the state of the total amount still outstanding and be\nauthorized to accept the pre-payment of any balance remaining to be paid\nfor that fiscal year.\n
N.Y. RPT Law § 1122 — New York Code / Act RPT / Article 11 / Title 3 / Section 1122
Filing of list of delinquent taxes
Status: in_force

§ 1122. Filing of list of delinquent taxes. 1. Ten months after lien\ndate, or as soon thereafter as is practicable, but no sooner than one\nmonth after the receipt of the return of unpaid taxes, the enforcing\nofficer of each tax district shall execute a list of all parcels of real\nproperty, except those excluded from such list in the manner provided by\nsection eleven hundred thirty-eight of this article, affected by\ndelinquent tax liens held and owned by such tax district.\n  2. (a) In a tax district which has extended the redemption period for\nresidential or farm property to three or four years, there may be\nseparate lists for property identified as residential or farm property\nand for other property.\n  (b) In a tax district which has a roll for vacant and abandoned real\nproperty pursuant to section eleven hundred eleven-a of this article\nthere may be a separate roll, registry or list for property identified\nas vacant and abandoned real property.\n  (c) In a tax district having a population of fifty thousand or more\naccording to the latest federal census, there may be a separate list for\neach existing geographical area such as a city, town, village, ward,\nsection or other appropriate area bounded or defined by law.\n  3. All parcels of real property included in any list shall be numbered\nconsecutively, by tax map number if applicable.\n  4. The enforcing officer shall file a duplicate of each list in the\noffice of such enforcing officer, in the office of the attorney for such\ntax district and in the office of the enforcing officer of any other tax\ndistrict having a right to enforce the payment of a tax imposed upon any\nof the parcels described upon such list. The inadvertent failure of the\nenforcing officer to include one or more parcels in such list shall not\naffect the validity of any proceeding brought pursuant to this title.\n  5. Each such list shall be known and designated as the "List of\nDelinquent Taxes". Where the list comprises parcels in a particular\narea, the list shall also generally describe the area covered by the\nlist.\n  6. Each list shall also contain as to each parcel, the following:\n  (a) A brief description sufficient to identify each parcel affected by\nsuch tax lien. In a municipal corporation for which a tax map has been\napproved by the commissioner, a tax map identification number shall be\ndeemed a sufficient description of any parcel, provided that (i) the\nparcel has been described by such tax map reference on the tax roll on\nwhich the unpaid tax has been levied, and (ii) the tax map as it existed\non the taxable status date applicable to the tax roll has been retained\nin the office of the enforcing officer or in such other office as the\nenforcing officer may have designated for that purpose in accordance\nwith the rules of the commissioner.\n  (b) The name or names of the owner or owners of each such parcel as\nappearing on the tax roll, and, if the parcel has been transferred after\nthe applicable taxable status date, as reported pursuant to section five\nhundred seventy-four of this chapter.\n  (c) A statement of the amount of each tax lien upon such parcel,\nincluding charges, as of the date of the execution of the list.\n  7. Such list of delinquent taxes shall be dated and subscribed by the\nenforcing officer and affirmed by him or her as true under the penalties\nof perjury. The enforcing officer shall file such list of delinquent\ntaxes in the office of the clerk of the county in which the property\nsubject to such tax liens is situated no later than two business days\nafter the execution thereof. The filing of such list shall constitute\nand have the same force and effect as the filing and recording in such\noffice of an individual and separate notice of pendency pursuant to\narticle sixty-five of the civil practice law and rules with respect to\neach parcel included in such list, notwithstanding the provisions of\nsection six thousand five hundred twelve of the civil practice law and\nrules.\n  8. Each county clerk with whom such list of delinquent taxes is filed\nshall index it in the name of the tax district filing such list. A\nseparate book shall be maintained for this purpose, unless the county\nclerk maintains a computerized index. The indexing of such list shall\nconstitute due filing, recording and indexing of such notice in lieu of\nany other requirement under rule six thousand five hundred eleven of the\ncivil practice law and rules or otherwise.\n  9. Every person, including a tax district other than the one\nforeclosing, having any right, title or interest in, or lien upon, any\nparcel described in such list of delinquent taxes may redeem such parcel\nin the manner provided by title two of this article.\n  10. (a) After a list of delinquent taxes has been filed, the enforcing\nofficer shall, from time to time, execute a collective statement of\nredemptions, identifying the parcels which have been redeemed since the\nlast preceding collective statement of redemptions was executed. The\ncollective statement of redemptions need not include any parcel which\nwas the subject of an individual certificate of redemption, and shall\nnot include any parcel which was partially, but not fully, redeemed. The\ncollective statement of redemptions shall be dated, subscribed and\naffirmed by the enforcing officer and filed with the county clerk in the\nsame manner as a list of delinquent taxes.\n  (b) Upon the filing of a collective statement of redemptions with the\ncounty clerk, the county clerk shall, for each parcel included on the\ncollective statement of redemptions, enter on the list of delinquent\ntaxes the word "redeemed" and the date of the filing opposite the\ndescription of such parcel on such list. Such notation shall operate to\ncancel the notice of pendency with respect to each such parcel.\n
N.Y. GOB Law § 5-336 — New York Code / Act GOB / Article 5 / Title 3 / Section 5-336
Nondisclosure agreements
Status: in_force

§ 5-336. Nondisclosure agreements. 1. (a) Notwithstanding any other\nlaw to the contrary, no employer, its officers or employees shall have\nthe authority to include or agree to include in any settlement,\nagreement or other resolution of any claim, the factual foundation for\nwhich involves discrimination, harassment, or retaliation, in violation\nof laws prohibiting discrimination, including discriminatory harassment\nor retaliation, including but not limited to, article fifteen of the\nexecutive law, any term or condition that would prevent the disclosure\nof the underlying facts and circumstances to the claim or action unless\nthe condition of confidentiality is the complainant's preference.\n  (b) Any such term or condition must be provided in writing to all\nparties in plain English, and, if applicable, the primary language of\nthe complainant, and the complainant shall have up to twenty-one days to\nconsider such term or condition. If confidentiality is the complainant's\npreference, such preference shall be memorialized in an agreement signed\nby all parties. For a period of at least seven days following the\nexecution of such agreement, the complainant may revoke the agreement,\nand the agreement shall not become effective or be enforceable until\nsuch revocation period has expired.\n  (c) Any such term or condition shall be void to the extent that it\nprohibits or otherwise restricts the complainant from: (i) initiating,\ntestifying, assisting, complying with a subpoena from, or participating\nin any manner with an investigation conducted by the appropriate local,\nstate, or federal agency; or (ii) filing or disclosing any facts\nnecessary to receive unemployment insurance, Medicaid, or other public\nbenefits to which the complainant is entitled.\n  2. Notwithstanding any provision of law to the contrary, any provision\nin a contract or other agreement between an employer or an agent of an\nemployer and any employee, potential employee, or independent contractor\nof that employer entered into on or after January first, two thousand\ntwenty, that prevents the disclosure of factual information related to\nany future claim of discrimination is void and unenforceable unless such\nprovision notifies the employee, potential employee, or independent\ncontractor that it does not prohibit the complainant from speaking with\nlaw enforcement, the equal employment opportunity commission, the state\ndivision of human rights, the attorney general, a local commission on\nhuman rights, or an attorney retained by the employee or potential\nemployee.\n  3. Notwithstanding any other law to the contrary, no release of any\nclaim, the factual foundation for which involves unlawful\ndiscrimination, including discriminatory harassment, or retaliation,\nshall be enforceable, if as part of the agreement resolving such claim:\n  (a) the complainant is required to pay liquidated damages for\nviolation of a nondisclosure clause or nondisparagement clause;\n  (b) the complainant is required to forfeit all or part of the\nconsideration for the agreement, for violation of a nondisclosure clause\nor nondisparagement clause; or\n  (c) it contains or requires any affirmative statement, assertion, or\ndisclaimer by the complainant that the complainant was not in fact\nsubject to unlawful discrimination, including discriminatory harassment,\nor retaliation.\n
N.Y. GMU Law § 572 — New York Code / Act GMU / Article 15-B / Title 3 / Section 572
Binghamton urban renewal agency
Status: in_force

§ 572. Binghamton urban renewal agency. A municipal urban renewal\nagency, to be known as the Binghamton urban renewal agency, is hereby\nestablished for the accomplishment of any or all of the purposes\nspecified in articles fifteen and fifteen-A of this chapter and in\naccordance with article eighteen of the constitution of the state of New\nYork. It shall constitute a body corporate and politic, be perpetual in\nduration and consist of seven members including the mayor, the\ncomptroller, the corporation counsel, city engineer, commissioner of\npublic works and two members of the council of the city of Binghamton,\nprovided however, that not more than one of such council members shall\nbe of the same political party. It shall have the powers and duties now\nor hereafter conferred by article fifteen-A of this chapter upon\nmunicipal renewal agencies. It shall be organized in the manner\nprescribed by and be subject to the provisions of article fifteen-A of\nthis chapter and the agency, its members, officers and employees and its\noperations and activities shall in all respects be governed by the\nprovisions of such article.\n
N.Y. VAT Law § 399-M — New York Code / Act VAT / Title 3 / Article 12-C / Section 399-M
Pilot program scope and duration
Status: in_force

* § 399-m. Pilot program scope and duration. The commissioner shall\nconduct a pilot program designed to evaluate utilizing internet, and\nother technologies as approved by the commissioner, for delivering\naccident prevention courses for point and insurance premium reduction\nbenefits to the public by permitting qualifying applicants to\nparticipate in the pilot program for a period of five years.\n  * NB Repealed April 1, 2028\n
N.Y. ENV Law § 3-0302 — New York Code / Act ENV / Article 3 / Title 3 / Section 3-0302
Review of state-owned lands
Status: in_force

§ 3-0302. Review of state-owned lands.\n  Within amounts appropriated therefor, by January first, nineteen\nhundred ninety-five, the commissioner, in consultation with the New York\nstate biodiversity research institute created pursuant to section two\nhundred thirty-five-a of the education law, shall conduct a review of\nlands currently in state-ownership and under the department's\njurisdiction to identify lands and waters that harbor plants, animals,\nand ecological communities that are rare in New York state.\n
N.Y. PML Law § 1325 — New York Code / Act PML / Article 13 / Title 3 / Section 1325
Approval, denial and renewal of employee licenses and registrations
Status: in_force

§ 1325. Approval, denial and renewal of employee licenses and\nregistrations. 1. Upon the filing of an application for a casino key\nemployee license or gaming employee registration required by this\narticle and after submission of such supplemental information as the\ncommission may require, the commission shall conduct or cause to be\nconducted such investigation into the qualification of the applicant,\nand the commission shall conduct such hearings concerning the\nqualification of the applicant, in accordance with its regulations, as\nmay be necessary to determine qualification for such license.\n  2. After such investigation, the commission may either deny the\napplication or grant a license to an applicant whom it determines to be\nqualified to hold such license.\n  3. The commission shall have the authority to deny any application\npursuant to the provisions of this article following notice and\nopportunity for hearing.\n  4. When the commission grants an application, the commission may limit\nor place such restrictions thereupon as it may deem necessary in the\npublic interest.\n  5. After an application for a casino key employee license is\nsubmitted, final action of the commission shall be taken within ninety\ndays after completion of all hearings and investigations and the receipt\nof all information required by the commission.\n  6. Licenses and registrations of casino key employees and gaming\nemployees issued pursuant to this article shall remain valid for five\nyears unless suspended, revoked or voided pursuant to law. Such licenses\nand registrations may be renewed by the holder thereof upon application,\non a form prescribed by the commission, and payment of the applicable\nfee. Notwithstanding the forgoing, if a gaming employee registrant has\nnot been employed in any position within a gaming facility for a period\nof three years, the registration of that gaming employee shall lapse.\n  8. The commission shall establish by regulation appropriate fees to be\npaid upon the filing of the required applications. Such fees shall be\ndeposited into the commercial gaming revenue fund.\n
N.Y. PBA Law § 3965 — New York Code / Act PBA / Article 10-D / Title 3 / Section 3965
Resources of the authority
Status: in_force

§ 3965. Resources of the authority. 1. Subject to the provisions of\nthis title, the directors of the authority shall receive, accept,\ninvest, administer, expend and disburse for its corporate purposes all\nmoneys of the authority from whatever source derived including (a)\nrevenues and (b) proceeds of bonds, notes or other obligations.\n  2. Subject to the provisions of any contract with holders of bonds,\nnotes or other obligations, revenues of the authority shall be paid to\nthe authority and shall not be commingled with any other money.\n  3. The money in any of the authority's accounts shall be paid out on\nchecks signed by the treasurer of the authority, or by other lawful and\nappropriate means such as wire or electronic transfer, on requisitions\nof the chairperson of the authority or of such other officer as the\ndirectors shall authorize to make such requisition, or pursuant to a\nbond resolution or trust indenture.\n  4. All deposits of authority money shall be secured by obligations of\nthe United States or of the state or of the county at a market value at\nleast equal at all times to the amount of the deposit, and all banks and\ntrust companies are authorized to give such security for such deposits.\nThe authority shall have the power, notwithstanding the provisions of\nthis section, to contract with the holders of any of its bonds, notes or\nother obligations as to the custody, collection, securing, investment\nand payment of any money of the authority or any money held in trust or\notherwise for the payment of bonds, notes or other obligations or in any\nway to secure bonds, notes or other obligations, and to carry out any\nsuch contract notwithstanding that such contract may be inconsistent\nwith the other provisions of this title. Money held in trust or\notherwise for the payment of bonds, notes or other obligations or in any\nway to secure bonds, notes or other obligations, and deposits of such\nmoney, may be secured in the same manner as money of the authority, and\nall banks and trust companies are authorized to give such security for\nsuch deposits.\n  5. Revenues of the authority shall be applied in the following order\nof priority: first to pay debt service or for set asides to pay debt\nservice on the authority's bonds, notes, or other obligations and to\nreplenish any reserve funds securing such bonds, notes or other\nobligations of the authority in accordance with the provision of\nindenture or bond resolution of the authority; then to pay the\nauthority's operating expenses not otherwise provided for; and then,\nsubject to the authority's agreements with the county for itself or on\nbehalf of any covered organization to transfer as frequently as\npracticable the balance of revenues not required to meet contractual or\nother obligations of the authority to the county as provided in\nsubdivision seven of this section.\n  6. (a) Any such payment of state aid revenues to the authority shall\nnot obligate the state to make available, nor entitle the county to\nreceive, any additional state aid.\n  (b) Nothing contained in this title shall be construed to create a\ndebt of the state within the meaning of any constitutional or statutory\nprovisions. Any provision with respect to state aid or state aid\nrevenues shall be deemed executory only to the extent of moneys\navailable, and no liability shall be incurred by the state beyond the\nmoneys available for that purpose, and any such payment by the\ncomptroller of state aid revenues is subject to annual appropriation of\nstate aid by the state legislature.\n  (c) Nothing contained in this title shall be deemed to restrict the\nright of the state to amend, repeal, modify, or otherwise alter section\nfifty-four of the state finance law or any provision relating to state\naid to municipalities. The authority shall include within any\nresolution, contract, or agreement with holders of its bonds, notes or\nother obligations a provision which states that no default occurs as a\nresult of the state's exercising its right to amend, repeal, modify, or\notherwise alter section fifty-four of the state finance law or any other\nprovision relating to state aid to municipalities.\n  7. On a monthly basis, the authority shall prepare and provide to the\ncounty a detailed accounting of all revenues received and payments and\ndebt service set asides made, as attributable to the county. Such\naccounting shall reflect: (a) the amount of state aid revenues and\ncounty tax revenues received during such month; (b) the respective\nportion of debt service paid or set aside during such month by the\nauthority for its bonds, notes or other obligations attributable to the\ncounty; (c) the respective portion of reserve fund replenishment made or\nset aside during such month by the authority in connection with its\nbonds, notes or other obligations attributable to the county; and (d)\nthe respective portion of administrative expenses of the authority paid\nor set aside during such month by the authority attributable to the\ncounty. As soon as practicable after each monthly payment or set aside,\nthe authority shall make respective payments of the remaining monthly\nbalance or revenues to the county in accordance with such accounting. To\nthe extent that such respective monthly payments of the remaining\nbalance of revenues result in an overpayment or underpayment to the\ncounty, the authority shall in the immediately subsequent month, after\nmaking debt service payments or debt service set asides, replenishing\nany reserve funds and paying the administrative expenses of the\nauthority for such month, make an adjustment in favor of the county, as\nthe case may be, before determining the remaining amount of the balance\nof revenues for such subsequent month and paying such remaining monthly\nbalance of revenues to the county. Nothing in this title shall be deemed\nto restrict the authority of the state comptroller and the commissioner\nof taxation and finance to adjust for overpayments or underpayments\npursuant to the tax law.\n  8. (a) This subdivision shall apply only to revenue anticipation\nnotes, including renewals thereof, issued by the county during its\nfiscal year ending December thirty-first, two thousand five, in\nanticipation of the receipt of state aid revenues and/or county tax\nrevenues, and only to such issues of revenue anticipation notes as to\nwhich the certificate described in paragraph (b) of this subdivision is\nfiled. For purposes of this subdivision, "state aid" means state social\nservices aid, social services aid from the United States government,\nstate aid for court security, state aid for education of handicapped\nchildren, and aid and incentives for municipalities, and shall be paid\nby the state comptroller to the authority.\n  (b) Notwithstanding the provisions of subdivision five of this section\nwith respect to the transfer of the balance of revenues to the county,\nprior to the delivery of each such issue of revenue anticipation notes,\nthe comptroller of the county shall file with the authority a request\nthat the authority establish a county of Erie revenue anticipation note\nwithholding fund which shall constitute a special bank account for\npurposes of paragraph g of section 25.00 of the local finance law. Such\nrequest by the comptroller shall be accompanied by a certificate setting\nforth with respect to such issue (i) the principal amount, (ii) the date\nof issue, (iii) the maturity date, (iv) the interest rate or rates, (v)\nif interest shall be payable otherwise than at maturity, the date or\ndates for the payment thereof, (vi) the name and address of the paying\nagent, (vii) the name and address of each purchaser, or, if a purchaser\nshall be a syndicate or similar account, the name and address of each\nmanaging underwriter of such syndicate or similar account, (viii) the\namount payable on each principal payment date and interest payment date,\nand (ix) a schedule setting forth the total amount of state aid revenues\nand county tax revenues anticipated to be received, and the expected\ndate or dates of anticipated receipt of such state aid revenues and\ncounty tax revenues. Such certificate shall be accompanied by a\nstatement executed by the comptroller certifying that the amounts and\ntimes of payments of state aid revenues and county tax revenues\ncontained in such schedule have been estimated by the use of reasonable\nand appropriate data and methods of estimation, all in accordance with\napplicable law.\n  (c) All such revenue anticipation notes, in addition to a pledge of\nthe faith and credit of the county for the payment thereof, shall\ncontain a recital to the effect that they are entitled to the benefits\nof the provisions of this subdivision.\n  (d) Commencing on the date not less than five days prior to and on\neach day thereafter up to and including any principal and/or interest\npayment date referred to in the certificate filed by the comptroller\nwith the authority pursuant to paragraph (b) of this subdivision, the\nauthority shall pay to such paying agent from state aid revenues and\ncounty tax revenues transferred and credited by the authority to the\ncounty of Erie revenue anticipation note withholding fund as provided in\nparagraph (e) of this subdivision the amount required to pay in full the\nprincipal and/or interest due on such payment date as set forth in such\ncertificate. Moneys so paid shall pass immediately from the authority\nand vest in such paying agent in trust for the benefit of the holders of\nthe revenue anticipation notes to which such certificate relates. No\nother person having any claim of any kind in tort, contract or otherwise\nagainst the county shall have any right to or claim against the moneys\nheld by such paying agent, and such moneys shall not be subject to any\norder, judgment, lien, execution, attachment, setoff or counterclaim by\nany such other person. Such moneys shall be held by such paying agent in\na separate trust account and shall be applied only to the payment of the\nprincipal and/or interest due on such revenue anticipation notes,\nprovided, however, that the contract by and between the county and such\npaying agent may provide for (i) the investment by such paying agent of\nsuch moneys in direct obligations of, or in obligations guaranteed by,\nthe United States of America, provided such obligations shall be payable\nor redeemable at the option of the holder within such time as the\nproceeds shall be needed to pay such principal and/or interest due on\nsuch revenue anticipation notes, and (ii) the use by such paying agent\nof such moneys for the purchase of direct obligations of, or obligations\nguaranteed by, the United States of America under one or more repurchase\nagreements with any bank or trust company having its principal office in\nthe state of New York, provided that any such repurchase agreement shall\nprovide for the repurchase of such obligations within such time as such\nmoneys are needed to pay the principal and/or interest due on such\nrevenue anticipation notes at a repurchase price at least sufficient to\nmake the amount so invested available for the payment of principal\nand/or interest due on such revenue anticipation notes, and provided,\nfurther, that, at the time of such purchase, the market value of such\nobligations shall be at least equal to one hundred two per centum of the\namount so invested. No person having any claim of any kind in tort,\ncontract or otherwise against the county shall have any right to or\nclaim against any moneys in anticipation of which such notes have been\nissued, other than a claim for payment by the holders of such notes, and\nsuch moneys shall not be subject to any order, judgment, lien,\nexecution, attachment, setoff or counterclaim by any such person.\nNotwithstanding any provision of law to the contrary, no instrument\nrelating to any transaction authorized or contemplated by this paragraph\nneed be filed under the provisions of the uniform commercial code.\n  (e) Commencing on the day when the authority determines that the\nprincipal and interest due or to come due on such outstanding revenue\nanticipation notes issued against such state aid revenues and/or county\ntax revenues in accordance with the provisions of this subdivision shall\nequal the amount of such state aid revenues and such county tax revenues\nas set forth on the schedule included in the certificate filed with the\nauthority pursuant to paragraph (b) of this subdivision remaining to be\npaid to the county on or prior to any principal and/or interest payment\ndate, the authority shall deduct and withhold from the amount of such\nstate aid revenues and county tax revenues otherwise payable to the\ncounty an amount sufficient to pay, when due, the principal of and\ninterest on all such revenue anticipation notes issued and then\noutstanding in anticipation thereof. Amounts so deducted and withheld\nshall be transferred and credited by the authority to the account\nestablished for such state aid revenues and county tax revenues in the\ncounty of Erie revenue anticipation note withholding fund established by\nthe authority in accordance with the comptroller's request pursuant to\nparagraph (b) of this subdivision. The payments required to be made by\nthe authority pursuant to paragraph (d) of this subdivision shall be\nmade from amounts on deposit in the accounts established for such state\naid revenues and county tax revenues in the county of Erie revenue\nanticipation note withholding fund.\n  (f) Notwithstanding any other provision of this subdivision, at the\nexpiration of one hundred eighty days after the maturity date of any\nissue of revenue anticipation notes issued in accordance with the\nprovisions of this subdivision, the amounts held by the paying agent\nthereof for the payment of the principal of and interest on the notes of\nsuch issue which have not been presented for payment shall be paid over\nand remitted by such paying agent to the county and thereafter the\nholders of such notes shall look only to the county for such payment.\n  (g) All other provisions of the local finance law not inconsistent\nwith the provisions of this subdivision shall continue to apply to the\nauthorization and issuance of revenue anticipation notes by the county.\n
N.Y. PML Law § 1323 — New York Code / Act PML / Article 13 / Title 3 / Section 1323
Key employee licenses
Status: in_force

§ 1323. Key employee licenses. 1. No licensee or a holding or\nintermediary company of a licensee may employ any person as a casino key\nemployee unless the person is the holder of a valid casino key employee\nlicense issued by the commission.\n  2. Each applicant for a casino key employee license must, prior to the\nissuance of any casino key employee license, produce information,\ndocumentation and assurances concerning the following qualification\ncriteria:\n  (a) Each applicant for a casino key employee license shall produce\nsuch information, documentation and assurances as may be lawfully\nrequired to establish by clear and convincing evidence the financial\nstability, integrity and responsibility of the applicant, including but\nnot limited to bank references, business and personal income and\ndisbursements schedules, tax returns and other reports filed with\ngovernmental agencies, and business and personal accounting and check\nrecords and ledgers. In addition, each applicant shall, in writing,\nauthorize the examination of all bank accounts and records as may be\ndeemed necessary by the commission.\n  (b) Each applicant for a casino key employee license shall produce\nsuch information, documentation and assurances as may be required to\nestablish by clear and convincing evidence the applicant's good\ncharacter, honesty and integrity. Such information shall include data\npertaining to family, habits, character, reputation, criminal history\ninformation, business activities, financial affairs, and business,\nprofessional and personal associates, covering at least the ten year\nperiod immediately preceding the filing of the application. Each\napplicant shall notify the commission of any civil judgments obtained\nagainst such applicant pertaining to antitrust or security regulation\nlaws of the federal government, of this state or of any other state,\njurisdiction, province or country. In addition, each applicant shall,\nupon request of the commission, produce letters of reference from law\nenforcement agencies having jurisdiction in the applicant's place of\nresidence and principal place of business, which letters of reference\nshall indicate that such law enforcement agencies do not have any\npertinent non-sealed information concerning the applicant, or if such\nlaw enforcement agency does have such information pertaining to the\napplicant, shall specify what that information is. If the applicant has\nbeen associated with gaming operations in any capacity, position or\nemployment in a jurisdiction which permits such activity, the applicant\nshall, upon request of the commission, produce letters of reference from\nthe gaming enforcement or control agency, which shall specify the\nexperience of such agency with the applicant, his or her associates and\nhis or her participation in the gaming operations of that jurisdiction;\nprovided, however, that if no such letters are received from the\nappropriate law enforcement agencies within sixty days of the\napplicant's request therefor, the applicant may submit a statement under\noath that he or she is or was during the period such activities were\nconducted in good standing with such gaming enforcement or control\nagency.\n  (c) Each applicant employed by a gaming facility licensee shall be a\nresident of the state prior to the issuance of a casino key employee\nlicense; provided, however, that upon petition by the holder of a\nlicense, the commission may waive this residency requirement for any\napplicant whose particular position will require him to be employed\noutside the state; and provided further that no applicant employed by a\nholding or intermediary company of a licensee shall be required to\nestablish residency in this state.\n  (d) For the purposes of this section, each applicant shall submit to\nthe commission the applicant's name, address, fingerprints and written\nconsent for a criminal history information as defined in paragraph (c)\nof subdivision one of section eight hundred forty-five-b of the\nexecutive law, to be performed. The commission is hereby authorized to\nexchange fingerprint data with and receive criminal history record\ninformation from the state division of criminal justice services and the\nfederal bureau of investigation consistent with applicable state and\nfederal laws, rules and regulations. The applicant shall pay the fee for\nsuch criminal history information as established pursuant to article\nthirty-five of the executive law. The state division of criminal justice\nservices shall promptly notify the commission in the event a current or\nprospective licensee, who was the subject of such criminal history\ninformation pursuant to this section, is arrested for a crime or offense\nin this state after the date the check was performed.\n  3. The commission shall deny a casino key employee license to any\napplicant who is disqualified on the basis of the criteria contained in\nsection one thousand three hundred eighteen of this title, subject to\nnotice and hearing.\n  4. Upon receipt of such criminal history information, the commission\nshall provide such applicant with a copy of such criminal history\ninformation, together with a copy of article twenty-three-A of the\ncorrection law, and inform such applicant of his or her right to seek\ncorrection of any incorrect information contained in such criminal\nhistory information pursuant to regulations and procedures established\nby the division of criminal justice services. Except as otherwise\nprovided by law, such criminal history information shall be confidential\nand any person who willfully permits the release of such confidential\ncriminal history information to persons not permitted to receive such\ninformation shall be guilty of a misdemeanor.\n  5. Upon petition by the holder of a license, the commission may issue\na temporary license to an applicant for a casino key employee license,\nprovided that:\n  (a) The applicant for the casino key employee license has filed a\ncompleted application as required by the commission;\n  (b) The petition for a temporary casino key employee license\ncertifies, and the commission finds, that an existing casino key\nemployee position of the petitioner is vacant or will become vacant\nwithin sixty days of the date of the petition and that the issuance of a\ntemporary key employee license is necessary to fill the said vacancy on\nan emergency basis to continue the efficient operation of the casino,\nand that such circumstances are extraordinary and not designed to\ncircumvent the normal licensing procedures of this article;\n  6. Unless otherwise terminated pursuant to this article, any temporary\ncasino key employee license issued pursuant to this section shall expire\nnine months from the date of its issuance.\n
N.Y. VAT Law § 337 — New York Code / Act VAT / Title 3 / Article 7 / Section 337
Suspension, duration
Status: in_force

§ 337. Suspension, duration. (a) The suspension required in sections\nthree hundred thirty-two, three hundred thirty-four and three hundred\nthirty-five (e) shall remain in effect, the motor vehicle in any manner\ninvolved in such accident shall not be registered in the name of the\nperson whose license and/or registration certificate was so suspended,\nor in any other name where the commissioner has reasonable grounds to\nbelieve that such registration will have the effect of defeating the\npurposes of this article, and no other motor vehicle shall be registered\nin the name of such person nor any new licenses issued to such person\nunless and until such judgment is satisfied or stayed or is discharged\nin bankruptcy and the judgment debtor gives proof of financial\nresponsibility in the future as required pursuant to section three\nhundred thirty-five except under the conditions as stated in sections\nthree hundred thirty-three and three hundred thirty-four.\n  (b) The suspension required in section three hundred thirty-five shall\nremain in effect, the motor vehicle in any manner involved in such\naccident shall not be registered in the name of the person whose license\nand/or registration certificate was so suspended, or in any other name\nwhere the commissioner has reasonable grounds to believe that such\nregistration will have the effect of defeating the purposes of this\narticle, and no other motor vehicle shall be registered in the name of\nsuch person nor any new licenses issued to such person, unless and until\nsuch person complies with the requirement with respect to furnishing\nsecurity, or unless and until such person has obtained a release, or a\nfavorable judgment in an action at law to recover damages resulting from\nsuch accident or unless such person shall have satisfied in the manner\nherein provided any judgment rendered against such person in such an\naction, or unless such judgment rendered against such person is\ndischarged in bankruptcy, and at all events until such person gives and\nthereafter maintains proof of his financial responsibility.\n  Provided, however, that any person whose license or registration\nbecame subject to suspension or has been suspended pursuant to\nsubdivision (a) of section three hundred thirty-five, whether or not\nsuch person has furnished security and proof of financial\nresponsibility, shall be relieved from furnishing or maintaining proof\nof financial responsibility if (1) one year has elapsed since the date\nof the accident, (2) nine months have elapsed since the date of\ncompliance with any suspension order made against such person because of\nsuch accident, (3) such person has neither paid nor agreed in writing to\npay anything for damages resulting from such accident, (4) no suit for\ndamages because thereof has been brought against such person and (5)\nsuch person is not required to furnish or maintain proof of financial\nresponsibility for some reason other than for having been involved in\nsuch accident. If a suit or suits for damages resulting from such\naccident shall have been brought and such suit or suits shall have\nresulted in a judgment or judgments, the successful person in such suit\nor suits shall be relieved from furnishing or maintaining proof of\nfinancial responsibility forthwith provided such person is not required\nto furnish or maintain such proof for reasons other than for having been\ninvolved in such accident and, in case such person has furnished\nsecurity because of having been involved in such accident, it shall be\nreturned to such person or the personal representative of such person\nforthwith notwithstanding the provisions of subdivision (c) of section\nthree hundred thirty-five. The fact of having been involved in such\naccident shall not bar the issuance of license and registration to a\nperson who has been relieved from furnishing or maintaining proof of\nfinancial responsibility pursuant to the provisions of this paragraph.\n  (c) A discharge in bankruptcy following the rendering of any such\njudgment shall not relieve the judgment debtor from any of the\nrequirements of this article unless otherwise provided in subdivisions\n(a) and (b) of this section.\n
N.Y. SOS Law § 462-A — New York Code / Act SOS / Article 7 / Title 3 / Section 462-A
Responsibility for inspection and supervision
Status: in_force

§ 462-a. Responsibility for inspection and supervision. 1. The office\nof children and family services shall inspect and supervise secure and\nnon-secure detention facilities and those office of children and family\nservices residential facilities authorized by article nineteen-G of the\nexecutive law and those residential facilities operated as approved\nrunaway programs or transitional independent living support programs\npursuant to article nineteen-H of the executive law.\n  2. The appropriate offices of the state department of mental hygiene\nshall inspect and supervise those facilities subject to articles\nthirty-one and thirty-two of the mental hygiene law.\n  3. For those facilities which care for a significant number of\nmentally disabled children, the department shall enter into written\ncooperative agreements no later than October first, nineteen hundred\nseventy-seven with the department of mental hygiene for joint inspection\nand supervision of such facilities, as appropriate.\n  4. The office of children and family services shall inspect and\nsupervise all other child care facilities subject to its regulation.\n
N.Y. PBH Law § 4654*2 — New York Code / Act PBH / Article 46-B / Title 3 / Section 4654*2
General requirements; applicability of laws to enhanced assisted living
Status: in_force

* § 4654. General requirements; applicability of laws to enhanced\nassisted living. Nothing in this article shall require a residence to\nobtain an enhanced assisted living certificate pursuant to this title\nunless such residence elects to provide aging in place by retaining\nresidents described in subdivision fifteen of section four thousand six\nhundred fifty-one of this article.\n  * NB There are 2 § 4654's\n
N.Y. VAT Law § 382-A — New York Code / Act VAT / Title 3 / Article 9 / Section 382-A
Brake linings
Status: in_force

§ 382-a. Brake linings.  1. It shall be unlawful on and after January\nfirst, nineteen hundred sixty-six to sell, offer for sale or distribute\nbrake linings for use on motor vehicles unless they are of a type and\nspecification approved by the commissioner. The commissioner is hereby\nauthorized and empowered to adopt and amend regulations governing types\nand specifications of brake linings that comply with approved standards\nand shall establish and maintain an approved list of brake linings\nfulfilling the specifications as established herein.\n  2. Any person who sells, offers for sale, distributes or keeps brake\nlinings in violation of any of the provisions of this section shall be\nguilty of a misdemeanor.\n
N.Y. PBH Law § 617 — New York Code / Act PBH / Article 6 / Title 3 / Section 617
Maintenance of effort
Status: in_force

§ 617. Maintenance of effort. Such amount of state aid provided will\nbe used to support and to the extent practicable, to increase the level\nof funds that would otherwise be made available for such purposes and\nnot to supplant the amount to be provided by the municipalities. If a\nmunicipality that is provided state aid pursuant to title one of this\narticle reduces its expenditures beneath the amount expended in its base\nyear, which is the most recent fiscal year for which the municipality\nhas filed all expenditure reports to the department, state aid\nreimbursement provided pursuant to subdivision one of section six\nhundred five of this article will be reduced by the percentage reduction\nin expenditures between its base year and its current fiscal year. For\npurposes of this section, reductions in expenditures shall be adjusted\nfor: an absence of extraordinary expenditures of a temporary nature,\nsuch as disaster relief; unavoidable or justifiable program reductions,\nsuch as a program being subsumed by another agency; or in circumstances\nwhere the municipality can demonstrate, to the department's\nsatisfaction, that the need for the expenditure no longer exists.\n
N.Y. ENV Law § 13-0309 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0309
Taking, handling and importation of shellfish; general provisions
Status: in_force

§ 13-0309. Taking, handling and importation of shellfish; general\n               provisions.\n  1. a. Shellfish shall not be taken from uncertified lands except as\nprovided in sections 13-0319 and 13-0321.\n  b. Shellfish from uncertified lands of other states shall not be\npossessed, transported or trafficked in within this state, except\npursuant to permit as provided in sections 13-0319 and 13-0321.\n  c. Shellfish shall not be shipped or transported into this state\nexcept as provided in sections 13-0319 and 13-0321 unless such shellfish\nare harvested from certified shellfish lands whose quality is equivalent\nto or better than that described in regulations promulgated pursuant to\nsection 13-0319.\n  2. a. Shellfish shall not be taken from sunset to sunrise from any\nshellfish lands of this state.\n  b. During the period from one hour after sunset until sunrise, no\nperson, except pursuant to a permit issued by the department, shall\npossess on board a vessel, or off-load from a vessel, more than the\nquantities of shellfish allowed to be possessed pursuant to subdivision\nfive of section 13-0311 of this title. Possession of shellfish during\nthe period from one hour after sunset until sunrise in quantities\nexceeding those set forth in subdivision five of section 13-0311 of this\ntitle shall be presumptive evidence of a violation of paragraph a of\nthis subdivision.\n  3. No dredge or scrape or other device operated by power or by boats\npropelled by motor or other mechanical means may be used for the taking\nof shellfish from public or unleased lands under water except that\n  a. Sea scallops (Pecten magellanicus) may be taken from the waters of\nthe Atlantic Ocean by any means.\n  b. In the taking of soft clams (Mya arenaria) on lands below low tide,\nthe practice of churning with a propeller may be employed.\n  c. Surf, sea, hen or skimmer clams (Spisula solidissima; Spisula\npolynyma) and ocean quahogs (Arctica islandica) may be taken by\nmechanical means from the waters of the marine and coastal district,\nexcept as limited by any regulations promulgated pursuant to subdivision\ntwelve of this section.\n  d. The department may permit the taking of shellfish for purposes of\ntransplanting only pursuant to section 13-0321, by mechanical means,\nexcept that in the waters of Richmond county the department may permit\nsuch taking in waters at a mean low water mark of thirty feet or more.\n  e. Subject to the provisions of section 13-0327, bay scallops (Pecten\nirradians) may be taken with a dredge or scrape, having an opening at\nthe mouth not to exceed thirty-six inches in width, when towed by a boat\noperated by mechanical power, or other means provided that such dredge\nor scrape is brought aboard by hand power without the use of a\nmechanical device.\n  f. The department may issue permits for the taking of mussels (Mytilus\nedulis) from underwater lands as hereinafter described by means of\ndredges not to exceed thirty-six inches in width, which may be equipped\nto be returned to boatside by means of power or mechanical devices.\nMussels (Mytilus edulis) may be taken by such means in the following\nareas:\n  (1) In Long Island Sound generally easterly of a line extending due\nnorth from Herod Point on Long Island including those waters surrounding\nFishers Island.\n  (2) In the Atlantic Ocean easterly of a line extending due south from\nthe rock jetty on the east side of Shinnecock Inlet.\n  (3) In the bays with state-owned bottomland easterly from the Town of\nRiverhead to and including Block Island Sound.\n  (4) The limit on mussels (Mytilus edulis) taken in such a manner is\nfifteen bushels per person per day, not to exceed thirty bushels taken\nper boat per day. Possession of other shellfish or possession of mussels\non a vessel possessing a dredge is presumptive evidence that such\nshellfish or mussels were taken by such dredge.\n  g. In the taking of hard clams (Mercenaria mercenaria), a pot hauler\nmay be used onboard a vessel to assist in hauling or retrieving a clam\nrake from the water, provided that the basket attached to the clam rake\nshall not exceed twenty-six inches in width. For the purposes of this\nsection, "pot hauler" shall mean a mechanically operated device,\nincluding but not limited to a winch, reel, windlass or capstan, which\nis used to haul or retrieve a clam rake from the water and return it to\nthe harvest vessel.\n  4. No person shall take, carry away, interfere with or disturb\nshellfish of another, lawfully possessed, planted or cultivated; nor\nremove any stakes, buoys or boundary marks of lawfully possessed,\nplanted or cultivated lands. The possession of dredges, rakes or tongs\noverboard on any such lands shall be deemed presumptive evidence of a\nviolation of this subdivision.\n  5. All boats, houses and other places, containers and equipment used\nin the handling of shellfish shall be maintained in a sanitary condition\nas provided in section 13-0319.\n  6. Shellfish shall not be treated by the process known as drinking,\nfloating, plumping or swelling, and shellfish so treated shall not be\npossessed, bought, sold or exposed for sale; provided, however, that\nshellfish may be retained in water storage as provided in section\n13-0319 and provided, further, that nothing herein shall be deemed to\nprohibit or render unlawful the practice of off-bottom culture of\nshellfish under permit issued pursuant to section 13-0316 hereof.\n  7. Shellfish in the shell, or shucked, shall not be washed preparatory\nto marketing except by the use of water from a water supply approved by\nthe department.\n  8. The operation, use or placing, for whatever purpose, of dredges,\nrakes, tongs or other devices for the taking of shellfish in uncertified\nshellfish lands, except as provided in sections 13-0319 and 13-0321, is\nprohibited. The department may suspend or cancel the digger's permit of\nany person who is convicted of a violation of this subdivision or who\nsigns an acknowledgment of a violation of this subdivision for the\npurpose of effecting a settlement by civil compromise or by stipulation.\n  9. No person shall in any way alter, damage, mutilate, move or carry\naway any buoy or marker placed by the department that is used to\ndesignate, mark or define the uncertified waters of the state.\n  10. The department may issue permits for the possession of a stick\ndredge for purposes it may deem necessary. No person without a permit\nfrom the department shall possess a stick dredge in Nassau county,\nSuffolk county, or in the marine and coastal district. For the purpose\nof this section, a stick dredge shall be any tooth-basket combination\ndredging device whose construction shall allow for the installation of a\nstick or sticks of any type material whose purpose is to permit the\ndirection of force upon such device and which is commonly used for the\ntaking of Mercenaria mercenaria by being towed either directly or\nindirectly by a motorboat which has its engine engaged.\n  11. No person without a permit from the department shall possess rakes\nor tongs, of the type and design normally used by shellfish harvesters\nfor harvesting shellfish from shellfish lands, in Nassau county, Suffolk\ncounty or the marine and coastal district except:\n  a. hand operated tongs having teeth in the heads spaced not less than\none inch apart and the basket attached to such tongs having bars not\nless than fifteen-sixteenths of an inch apart, or\n  b. hand operated rakes having teeth spaced not less than one inch\napart and the basket attached to such rake having bars not less than\nfifteen-sixteenths of an inch apart.\n  Rakes or tongs having wire netting or other material between the teeth\nor bars shall not be used.\n  12. Notwithstanding any other provision of this chapter or rule or\nregulation, the department shall fix by regulations open seasons,\nharvest areas, size limits, catch limits, manner of taking and\npossession, transportation, identification, sale and permit requirements\nfor surf, sea, hen and skimmer clams (Spisula solidissima, Spisula\npolynyma) and ocean quahogs (Arctica islandica). Such regulation may\nprovide for, but not be limited to the following:\n  a. a daily catch limit for surf clams not to exceed eight hundred\nninety-six bushels or twenty-eight cages per vessel and a daily catch\nlimit for ocean quahogs not to exceed eight hundred ninety-six bushels\nor twenty-eight cages per vessel, regardless of the number of permittees\naboard such vessel;\n  b. requirements with respect to number of vessels which may\nparticipate in the surf clam and ocean quahog fishery;\n  c. limitations on harvest within specified periods of time, such as\nweekly and daily harvest limits, designed to minimize the number of and\nthe duration of closures;\n  d. qualification of applicants and vessels to participate in the surf\nclam and ocean quahog fishery;\n  e. the regulations shall take into consideration and attempt to\nmaintain the economic viability of those portions of the surf clam\nharvesting and processing industry that have a longstanding investment\nin the domestic surf clam industry; and\n  f. the regulations shall take into consideration and attempt to\nmaintain the economic viability of the traditional established New York\nbased commercial surf clam/ocean quahog harvesting industry, processors\nand packers that rely on this fishery.\n  13. Possession of shellfish on a vessel equipped with a dredge, scrape\nor other device operated by power and capable of being used for the\ntaking of shellfish, except a scallop dredge as defined in paragraph e\nof subdivision three of this section, is presumptive evidence that such\nshellfish were taken by the use of such dredge, scrape or other device.\n  14. The department, until April first, two thousand ten shall be\nentitled to collect fifteen cents per bushel of surf clams and ten cents\nper bushel of ocean quahogs taken from all certified waters to be\ndeposited in the surf clam/ocean quahog account as provided in section\neighty-three of the state finance law.\n  15. Unless and until regulations are adopted implementing a\ncomprehensive long-term management plan for the protection of surf clams\nand ocean quahogs in New York waters, the following restrictions shall\napply in addition to any consistent regulations adopted prior to the\ndate upon which such section shall take effect:\n  a. a weekly catch limit not to exceed twenty-eight cages;\n  b. an annual catch limit in certified waters of the Atlantic Ocean for\nsurf clams not to exceed five hundred thousand bushels in the aggregate;\n  c. an annual catch limit in certified waters other than the Atlantic\nOcean for surf clams not to exceed fifty thousand bushels in the\naggregate; and\n  d. requiring permittees to report on a weekly basis the number of\nbushels harvested in the previous seven day period, and provide that the\nfailure to file such weekly report may result in the revocation of such\nperson's permit by the department.\n
N.Y. RPT Law § 1135 — New York Code / Act RPT / Article 11 / Title 3 / Section 1135
Application for surplus
Status: in_force

§ 1135. Application for surplus. In lieu of filing an answer to the\nforeclosure proceeding, any person claiming surplus arising from a tax\ndistrict's enforcement of delinquent property taxes shall have the right\nto file with the clerk in whose office the report of sale is filed at\nany time before the confirmation of the report of sale, a written notice\nof such claim, stating the nature and extent of their claim and the\naddress of the claimant or the claimant's attorney.\n
N.Y. MDW Law § 200 — New York Code / Act MDW / Article 6 / Title 3 / Section 200
Water-closets
Status: in_force

§ 200. Water-closets. Water-closet compartments or bathrooms\ncontaining water-closets in converted multiple dwellings shall comply\nwith the applicable provisions of section seventy-six.\n
N.Y. ENV Law § 17-0305 — New York Code / Act ENV / Article 17 / Title 3 / Section 17-0305
Establishment of a program to monitor water quality by private citizens under the direction of the department
Status: in_force

§ 17-0305. Establishment of a program to monitor water quality by\n             private citizens under the direction of the department.\n  1. The commissioner shall establish a program which shall be known as\nthe "citizens statewide lake assessment program". The purpose of this\nprogram is to establish a network of volunteers belonging to lake\nassociations throughout the state to monitor the condition of their\nrespective lakes under the guidance and direction of the department.\nThe volunteers, designated by the commission, will sample the assigned\nlakes on a weekly basis between May and September. Water quality\ninformation will be obtained by measuring water transparency and taking\nsamples for water chemistry. Samples shall be processed by the\nvolunteers and forwarded to a contract chemistry laboratory for\nanalysis.\n  2. The commissioner shall establish and fill a new permanent position\nof program coordinator for the monitoring program within the division of\nwater.\n  3. The commissioner shall establish a training program for the purpose\nof providing the volunteers with the skills necessary to accomplish\ntheir monitoring tasks. Quality control checks will be carried out on a\nregular basis by the program coordinator, and through the lake\nclassification and inventory survey.\n  4. The commissioner will provide the volunteers with all of the\nequipment and materials necessary to accomplish the monitoring.\n  5. Chemistry parameters shall include, but are not limited to, tests\nfor total phosphorus, nitrate, color and chlorophyll. Additional survey\ndata shall include, but not be limited to, aquatic vegetation surveys,\nangler surveys and questionnaires/surveys for water users concerning\nproblems, issues and use impairment.\n  6. The program coordinator shall prepare an annual report which will\ninclude a summary of the information collected on the monitored waters\nduring the previous season. This information shall be distributed to the\nprogram participants and other interested parties.\n
N.Y. ELN Law § 8-306 — New York Code / Act ELN / Article 8 / Title 3 / Section 8-306
Voters; assistance to
Status: in_force

§ 8-306. Voters; assistance to. 1. A voter who states under oath to\nthe board of inspectors that he requires assistance may be assisted in\nthe manner and subject to the conditions and requirements provided for\nin this section.\n  2. A board of inspectors of election shall assist any voter:\n  (a) who informs such board, under oath, that he cannot read and\ntherefore requires assistance, or\n  (b) who cannot even with the aid of glasses see the names printed on\nthe official ballot, or\n  (c) who is so physically handicapped that he cannot do what is needed\nat that election to turn down the levers or use a write-in slot on a\nvoting machine, or mark a paper ballot, or\n  (d) who, unless aided by another person, cannot enter a voting booth.\n  3. Any voter who requires assistance to vote by reason of blindness,\ndisability or inability to read or write may be given assistance by a\nperson of the voter's choice, other than the voter's employer or agent\nof the employer or officer or agent of the voter's union. A voter\nentitled to assistance in voting who does not select a particular person\nmay be assisted by two election inspectors not of the same political\nfaith. The inspectors or person assisting a voter shall enter the voting\nmachine or booth with the voter, help the voter in the preparation of\nthe voter's ballot and, if necessary, in the return of the voted ballot\nto the inspectors for deposit in the ballot box. The inspectors shall\nenter in the space provided for such voter in the computer generated\nregistration list, the name of each officer or person rendering such\nassistance.\n  4. An election officer or other person assisting a voter shall not in\nany manner request or seek to persuade or induce the assisted voter to\nvote any particular ticket, or for any particular candidate, or for or\nagainst any particular ballot proposal, and shall not keep or make any\nmemorandum or entry of anything occurring within the voting booth and\nshall not, directly or indirectly, reveal to any other person the name\nof any candidate voted for by such voter, or which ticket he has voted,\nexcept when required pursuant to law to give testimony as to such matter\nin a judicial proceeding.\n  5. A person other than an inspector, who assists a voter in voting,\nshall make an oath before entering the booth that he "will not in any\nmanner request, or seek to persuade or induce the voter to vote any\nparticular ticket or for any particular candidate, and that he will not\nkeep or make any memorandum or entry of anything occurring within the\nbooth, and that he will not, directly or indirectly, reveal to any\nperson the name of any candidate voted for by the voter, or which ticket\nhe had voted, or anything occurring within the voting booth, except when\nrequired pursuant to law to give testimony as to such a matter in a\njudicial proceeding."\n  6. If a voter makes any false representation to obtain assistance in\nvoting, he shall be punishable therefor as prescribed by law.\n  7. For the instruction of voters, there may be so far as practicable,\nin each polling place, a mechanically operated model of a portion of the\nface of the voting machine. Such model, if furnished, shall be located\nduring the election on the inspectors' table or in some other place\nwhich the voters must pass to reach the machine. Each voter, before\nentering the machine, shall, upon request, be instructed regarding its\noperation and such instruction illustrated on the model and the voter\ngiven opportunity personally to operate the model. The voter's attention\nshall also be called to the facsimile ballot so that the voter can\nbecome familiar with the location of the ballot proposals, if any, and\nthe location of the respective offices to be filled at the election. If\nany voter, after entering the voting machine booth and before the\nclosing of such booth, shall ask for further instructions concerning the\nmanner of voting, two inspectors of opposite political faith shall give\nsuch instructions to him. No inspector or other election officer or\nother person instructing a voter, shall, in any manner, request, suggest\nor seek to persuade or induce any such voter to vote any particular\nticket, or for any particular candidate or for or against any particular\nballot proposal. After giving such instructions, the inspectors shall\nretire and such voter shall then close the booth and vote as in the case\nof an unassisted voter.\n  8. In no event shall an inspector or any other person enter a voting\nmachine or booth for the purpose of giving instructions to a voter,\nafter the voter has closed such booth, except as permitted herein.\n  9. Any voter requesting a sample ballot shall be furnished one if\navailable and he may take it away from the polling place.\n
N.Y. RPT Law § 556 — New York Code / Act RPT / Article 5 / Title 3 / Section 556
Refunds and credits of taxes
Status: in_force

§ 556. Refunds and credits of taxes. 1. (a) Pursuant to the provisions\nof this section, an appropriate tax levying body may refund to any\nperson the amount of any tax paid by him or her, or portion thereof, as\nthe case may be, or may provide a credit against an outstanding tax (i)\nwhere such tax was attributable to a clerical error or an unlawful entry\nand application for refund or credit is made within three years from the\nannexation of the warrant for such tax, or (ii) where such tax was\nattributable to an error in essential fact, other than an error in\nessential fact as defined in paragraph (d) of subdivision three of\nsection five hundred fifty of this title, and such application for\nrefund or credit is made within three years from the annexation of the\nwarrant for such tax.\n  (b) For each year for which a refund or credit is granted pursuant to\nthe provisions of this section by reason of the existence of an unlawful\nentry as defined by paragraph (b) of subdivision seven of section five\nhundred fifty of this title, the assessor of the assessing unit in which\nthe subject real property is actually located, but has been omitted from\nthe assessment and tax rolls of such assessing unit, or a school\ndistrict or special districts located therein, shall have the authority\nto enter such real property on the current assessment roll in accordance\nwith the provisions of section five hundred fifty-one of this title,\nnotwithstanding any time limitation contained in such section.\n  2. (a) Whenever it appears to a person who has paid a tax that such\ntax, or a portion thereof, was attributable to an unlawful entry, a\nclerical error, or an error in essential fact, as described in\nsubdivision one of this section, such person may file an application in\nduplicate, including any available proof of the error, with the\nappropriate county director of real property tax services for a refund\nof such tax, or portion thereof, as the case may be.\n  (b) Whenever it appears to a person who is an owner of a parcel which\nis subject to an outstanding tax, that such tax, or a portion thereof,\nwas attributable to an unlawful entry, a clerical error, or an error in\nessential fact, as described in subdivision one of this section, such\nperson may file an application in duplicate, including any available\nproof of the error, with the appropriate county director of real\nproperty tax services for a credit of such tax, or portion thereof.\n  (c) For an error in essential fact, the application for correction\nshall include a copy of the property record card, field book, or other\nfinal work product upon which the incorrect assessment was based and a\ncopy of any existing municipal record which substantiates the occurrence\nof the error. For an unlawful entry as defined in paragraph (a) of\nsubdivision seven of section five hundred fifty of this title, the\napplication for correction shall include a statement by the assessor or\nby a majority of a board of assessors substantiating that the assessor\nor assessors have obtained proof that the parcel which is the subject of\nthe application should have been granted tax exempt status; the failure\nto include such statement shall render the application null and void and\nshall bar the tax levying body from directing a refund or credit of\ntaxes pursuant to this section.\n  3. The application for a refund or credit pursuant to this section\nshall be on a form and shall contain such information as prescribed by\nthe commissioner and shall be available in the offices of all collecting\nofficers and in the office of the county director.\n  4. (a) The county director, within ten days of the receipt of an\napplication filed pursuant to this section, shall investigate the\ncircumstances of the claimed unlawful entry, clerical error or error in\nessential fact to determine whether the error exists, and on such\ninvestigation he may require and shall receive from any officer,\nemployee, department, board, bureau, office or other instrumentality of\nthe appropriate municipal corporation such facilities, assistance and\ndata as will enable him to properly consummate his studies and\ninvestigations hereunder.\n  (b) Upon completion of such investigation the county director shall\nimmediately transmit a written report of such investigation and his or\nher recommendation for action thereon, together with both copies of the\napplication, to the tax levying body. If the same alleged error also\nappears on a current assessment roll, the county director shall also\nfile a copy of such report and recommendation with appropriate assessor\nand board of assessment review who shall consider the same to be the\nequivalent of a petition for correction filed with such board pursuant\nto section five hundred fifty-three of this title.\n  5. The tax levying body, at a regular or special meeting, upon the\npresentation of an application filed pursuant to this section and the\nwritten report described in subdivision four of this section, shall:\n  (a) examine the application and report to determine whether the\nclaimed unlawful entry, clerical error or error in essential fact\nexists;\n  (b) reject an application where it is determined that the claimed\nunlawful entry, clerical error or error in essential fact does not exist\nby making a notation on the application and the duplicate copy thereof\nthat the application is rejected and the reasons for the rejection;\n  (c) approve an application where it is determined that the claimed\nunlawful entry, clerical error or error in essential fact does exist by\nmaking a notation on the application and the duplicate copy thereof that\nthe application is approved and by entering thereon the amount of the\nrefund to be paid or outstanding tax to be credited;\n  (d) mail an application that has been rejected to the applicant;\n  (e) mail an application that has been approved to the applicant.\n  6. (a) The amount of any tax refunded or credited pursuant to this\nsection shall be a charge upon each municipal corporation or special\ndistrict to the extent of any such municipal corporation or special\ndistrict taxes that were so refunded. Amounts so charged to cities,\ntowns and special districts shall be included in the next ensuing tax\nlevy.\n  (b) In raising the amount of a refund or credit pursuant to this\nsection of a relevied school tax the appropriate tax levying body shall\ncharge back against the school district which levied such tax the amount\nof the refund or credit which shall not exceed the amount paid by the\ncounty treasurer to such school district upon the return of such tax.\nThe amount so charged against such school district shall be deducted by\nthe county treasurer and withheld from any moneys which shall become\npayable by him to such school district by reason of taxes which shall\nthereafter be returned to him by such school district. No such charge\nshall be made by the county legislative body against a school district\nunless ten days' notice thereof by mail has been given to the school\nauthorities thereof. Notice that such deduction will be made shall\nthereafter be given by the county treasurer in writing to such school\nauthorities on or before the first day of May prior to the making of\nsuch deduction.\n  7. The powers and duties imposed by this section upon the county\ndirector of real property tax services shall be performed by such\nofficer for taxes levied for county, city, town, special district and\nschool district purposes except that (a) in the case of counties having\nthe power to assess real property for tax purposes such powers and\nduties shall be performed by the chief assessing officer or the chairman\nof the county board of assessors and, (b) in the case of villages, for\nvillage tax purposes, such powers and duties shall be performed by the\nvillage assessor or the chairman of the village board of assessors;\nprovided, however, that if the village has enacted a local law as\nprovided in subdivision three of section fourteen hundred two of this\nchapter, the county director shall perform the powers and duties imposed\nupon such officer by this section on behalf of such village.\n  8. (a) A tax levying body may, by resolution, delegate to an official\nwho is empowered to authorize payment of bills without prior audit by\nsuch body or, in the event there is no official so empowered, to an\nofficial responsible for the payment of bills upon audit of the\nappropriate municipal corporation so designated by it, the authority to\nperform the duties of such tax levying body, as provided in this\nsection. Such resolution shall only be in effect during the calendar\nyear in which it is adopted and shall designate that such delegation of\nauthority is applicable only where the recommended refund or credit is\ntwenty-five hundred dollars or less, or such other sum not to exceed\ntwenty-five hundred dollars.\n  (b) Where such resolution is adopted and the recommended refund or\ncredit does not exceed the amount specified in the designating\nresolution, the county director shall transmit the written report of the\ninvestigation and recommendation, together with both copies of the\napplication, to the official designated by the tax levying body. Upon\nreceipt of the written report, the designated official shall follow the\nprocedure which the tax levying body would follow in making refunds,\nprovided, however, where the designated official denies the refund or\ncredit, in whole or in part, such official shall transmit to the tax\nlevying body for its review and disposition pursuant to subdivision five\nof this section the written report of the investigation and\nrecommendation of the county director, together with both copies of the\napplication and the reasons that the designated official denied the\nrefund or credit. Where the recommendation of the county director is to\ndeny the application or the refund or credit requested is in an amount\nin excess of the amount authorized in the enabling resolution, the\ncounty director shall transmit the written report of the investigation\nand recommendation, together with both copies of the application, to the\ntax levying body.\n  (c) On or before the fifteenth day of each month, the designated\nofficial shall submit a report to the tax levying body of the refunds or\ncredits processed by such official during the preceding month. Such\nreport shall indicate the name of each recipient, the location of the\nproperty and the amount of the refund or credit.\n  (d) In no case shall the total sum of such refunds or credits approved\nby the designated official exceed the amount appropriated therefor by\nthe tax levying body.\n  9. In the event that an appropriation for a refund authorized pursuant\nto this section is included in the annual budget next adopted after\napproval of such refund, interest shall be added to such refund computed\nfrom the date that the application is approved pursuant to subdivision\nfive or eight of this section.\n  10. When a portion of an outstanding tax has been credited pursuant to\nthis section, any interest and penalties that have been imposed thereon\nshall be reduced to the extent that such interest and penalties were\nattributable to the credited portion of the tax, and no additional\ninterest and penalties shall be imposed if the corrected amount of the\ntax is paid within eight days of the date on which the notice of\napproval is mailed pursuant to paragraph (e) of subdivision five of this\nsection.\n
N.Y. GMU Law § 782 — New York Code / Act GMU / Article 17-A / Title 3 / Section 782
Duty to approve proposed elector initiated dissolution plan
Status: in_force

§ 782. Duty to approve proposed elector initiated dissolution plan. 1.\nIn the case of a proposed dissolution of a local government entity\nproperly initiated by petition of electors pursuant to section seven\nhundred seventy-nine of this title, if a majority of the electors voting\nat a referendum vote in favor of dissolution, the entity's governing\nbody shall meet within thirty days after certification of the favorable\nvote and, within one hundred eighty days of such meeting, prepare and\napprove a proposed elector initiated dissolution plan.\n  2. The proposed elector initiated dissolution plan shall specify:\n  (a) the name of the local government entity to be dissolved;\n  (b) the territorial boundaries of the entity;\n  (c) the type and/or class of the entity;\n  (d) a fiscal estimate of the cost of dissolution;\n  (e) any plan for the transfer or elimination of public employees;\n  (f) the entity's assets, including but not limited to real and\npersonal property, and the fair value thereof in current money of the\nUnited States;\n  (g) the entity's liabilities and indebtedness, bonded and otherwise,\nand the fair value thereof in current money of the United States;\n  (h) any agreements entered into with the town or towns in which the\nentity is situated in order to carry out the dissolution;\n  (i) the manner and means by which the residents of the entity will\ncontinue to be furnished municipal services following the entity's\ndissolution;\n  (j) terms for the disposition of the entity's assets and the\ndisposition of its liabilities and indebtedness, including the levy and\ncollection of the necessary taxes and assessments therefor;\n  (k) findings as to whether any local laws, ordinances, rules or\nregulations of the entity shall remain in effect after the effective\ndate of the dissolution or shall remain in effect for a period of time\nother than as provided by section seven hundred eighty-nine of this\ntitle;\n  (l) the effective date of the dissolution;\n  (m) the time and place or places for a public hearing or hearings on\nsuch proposed dissolution plan pursuant to section seven hundred\neighty-four of this title; and\n  (n) any other matter desirable or necessary to carry out the\ndissolution.\n
N.Y. PBH Law § 345 — New York Code / Act PBH / Article 3 / Title 3 / Section 345
County or part-county boards of health; compensation and expenses of members
Status: in_force

§ 345. County or part-county boards of health; compensation and\nexpenses of members. The members of the board of health of a county or\npart-county health district shall receive for attendance at meetings of\nthe board, and, when authorized by the president of the board, within\nappropriations made therefor, for meetings of standing committees, a per\ndiem compensation which shall be fixed by the board of supervisors, and\nin addition thereto, they shall be allowed actual and necessary\ntraveling expenses, to be audited and paid in the same manner as other\nexpenses of such board of health.\n
N.Y. PBA Law § 1470-D — New York Code / Act PBA / Article 7 / Title 3-A / Section 1470-D
Civil service status of officers and employees
Status: in_force

* § 1470-d. Civil service status of officers and employees. Officers\nand employees of any board, commission or department of the city may be\ntransferred to the authority in accordance with the provisions of the\ncivil service law and shall be eligible for such transfer and\nappointment without examination to offices and positions under the\nauthority. Officers and employees of the city who are members or\nbeneficiaries of any existing pension or retirement system shall\ncontinue to have the rights, privileges, obligations and status with\nrespect to such system or systems as are now prescribed by law, and all\nsuch employees who have been appointed to positions in the service of\nthe city under the rules of the municipal civil service commission of\nthe city shall have the same status with respect thereto after transfer\nto the authority as they had under their original appointments. The\nappointment and promotion of all employees of the authority shall be\nmade in accordance with the provisions of the civil service law and the\nrules of the city civil service commission.\n  * NB City of Rome Parking Authority ceased to exist 12/31/2000 per §\n1470-b, and thereafter until all liabilities have been met/discharged,\nand all bonds paid/discharged\n
N.Y. GMU Law § 787 — New York Code / Act GMU / Article 17-A / Title 3 / Section 787
Winding down the affairs of a dissolved local government entity
Status: in_force

§ 787. Winding down the affairs of a dissolved local government\nentity. 1. Upon the successful completion of dissolution proceedings\npursuant to this title, the governing body of the dissolving local\ngovernment entity shall wind down the affairs thereof, dispose of its\nproperty as provided by law, make provisions for the payment of all\nindebtedness thereof and for the performance of its contracts and\nobligations, and, if applicable and appropriate under law, levy taxes\nand assessments as necessary to accomplish the dissolution.\n  2. In furtherance of its duty to wind down the affairs of the local\ngovernment entity, the governing body shall cause notice to be given, in\nthe same manner as notice for a proposed dissolution plan pursuant to\nsection seven hundred seventy-five of this title, requiring all claims\nagainst the dissolving local government entity, excluding any of its\noutstanding securities, to be filed within a time fixed in the notice,\nbut not less than three months or more than six months, and all claims\nnot so filed shall be forever barred. At the expiration of such time the\ngoverning body shall adjudicate claims so filed, and any resident of the\nentity at the time of the effective date of the dissolution may appear\nand defend against any claim so filed, or the governing body may in its\ndiscretion appoint some person for that purpose.\n
N.Y. PBA Law § 1062 — New York Code / Act PBA / Article 5 / Title 3 / Section 1062
Bonds legal investments for fiduciaries
Status: in_force

§ 1062. Bonds legal investments for fiduciaries. The bonds are hereby\nmade securities in which all public officers and bodies of this state\nand all municipalities and municipal subdivisions, all insurance\ncompanies and associations and other persons carrying on an insurance\nbusiness, all banks, bankers, trust companies, savings banks and savings\nassociations, including savings and loan associations, building and loan\nassociations, investment companies and other persons carrying on a\nbanking business, and all other persons whatsoever, except as\nhereinafter provided, who are now or may hereafter be authorized to\ninvest in bonds or other obligations of the state, may properly and\nlegally invest funds including capital in their control or belonging to\nthem; provided that, notwithstanding the provisions of any other general\nor special law to the contrary, such bonds shall not be eligible for the\ninvestment of funds including capital, of trusts, estates or\nguardianships under the control of individual administrators, guardians,\nexecutors, trustees and other individual fiduciaries. The bonds are also\nhereby made securities which may be deposited with and may be received\nby all public officers and bodies of this state and all municipalities\nand municipal subdivisions for any purpose for which the deposit of\nbonds or other obligations of this state is now or may hereafter be\nauthorized.\n
N.Y. VAT Law § 360 — New York Code / Act VAT / Title 3 / Article 7 / Section 360
Exceptions
Status: in_force

§ 360. Exceptions. This article, except sections three hundred\nthirty-nine and three hundred fifty-nine, shall not apply to any motor\nvehicle for the operation of which security is required to be furnished\nunder section three hundred seventy of this chapter, including those for\nwhich a certificate is issued pursuant to section three hundred\nseventy-one of this chapter except as may be provided in section three\nhundred seventy; to any motor vehicle operated under permit or a\ncertificate of convenience and necessity issued pursuant to the public\nservice law or pursuant to section fifty-a of such law; nor to any motor\nvehicle owned by the United States, the state or any political\nsubdivision thereof.\n
N.Y. MDW Law § 250 — New York Code / Act MDW / Article 7 / Title 3 / Section 250
Water-closets
Status: in_force

§ 250. Water-closets. Water-closet compartments in tenements shall\ncomply with the applicable provisions of section seventy-six.\n
N.Y. PBH Law § 350 — New York Code / Act PBH / Article 3 / Title 3 / Section 350
County or part-county boards of health; officers
Status: in_force

§ 350. County or part-county boards of health; officers.  The board of\nhealth of a county or part-county health district shall elect annually\none of its members as president and another as vice-president. The board\nof health may designate the county health commissioner to act as its\nsecretary without extra compensation.\n
N.Y. PBA Law § 564 — New York Code / Act PBA / Article 3 / Title 3 / Section 564
State and city not liable on bonds
Status: in_force

§ 564. State and city not liable on bonds. The bonds and other\nobligations of the authority shall not be a debt of the state of New\nYork or city, and neither the state nor the city shall be liable\nthereon, nor shall they be payable out of any funds other than those of\nthe authority.\n
N.Y. RSS Law § 317-C — New York Code / Act RSS / Article 8 / Title 3 / Section 317-C
Amortization of a portion of the bills for participating employers for the two thousand five--two thousand six fiscal year
Status: in_force

§ 317-c. Amortization of a portion of the bills for participating\nemployers for the two thousand five--two thousand six fiscal year. a. If\nthe comptroller, in his or her discretion, decides to permit\namortization of employer contributions pursuant to this section, then,\non or about October fifteenth, two thousand four, on the basis of the\nannual actuarial valuation provided for in this chapter, the comptroller\nshall determine the amount (exclusive of payments for group term life\ninsurance, deficiency payments, adjustments relating to prior fiscal\nyears' obligations and obligations pertaining to retirement incentives\nor any other obligations that a participating employer is permitted to\npay on an amortized basis) of the annual contribution for a\nparticipating employer pursuant to section twenty-three-a of this\narticle due for the fiscal year ending March thirty-first, two thousand\nsix. The amount by which such contribution exceeds nine and one-half\npercent of the estimated pensionable salary base for the fiscal year\nending March thirty-first, two thousand six shall be the "amount\neligible for amortization". An amount up to the "amount eligible for\namortization" may be amortized over a ten-year period at eight percent\ninterest per annum, with the first of ten equal payments payable on\nFebruary first, two thousand seven, provided, however, that on or before\nSeptember first, two thousand five the comptroller, in his or her\ndiscretion, may establish a fixed rate of interest per annum to be\napplied to the amounts eligible for amortization of all employers, which\nmore closely approximates a market rate of return on taxable fixed rate\nsecurities with similar terms issued by comparable issuers.\n  b. A participating employer, may, in lieu of paying its entire\nFebruary first, two thousand six bill, pay a lesser amount on February\nfirst, two thousand six which shall be determined by the comptroller by\nadding the following two amounts together:\n  (1) the entire February first, two thousand six bill, calculated\npursuant to section twenty-three-a of this article (without reference to\nthis section), less the "amount eligible for amortization" determined\npursuant to subdivision a of this section; and\n  (2) the first annual installment of the "amount eligible for\namortization" determined pursuant to subdivision a of section three\nhundred seventeen-b of this article, if applicable.\n  c. A participating employer making a payment pursuant to subdivision b\nof this section shall pay on February first, two thousand seven an\namount determined by the comptroller by adding the following three\namounts together:\n  (1) the entire February first, two thousand seven bill, calculated\npursuant to section three hundred twenty-three-a of this article\n(without reference to this section), less the "amount eligible for\namortization" determined pursuant to section three hundred seventeen-d\nof this article, if applicable;\n  (2) the first annual installment of the "amount eligible for\namortization" determined pursuant to subdivision a of this section; and\n  (3) the second annual installment of the "amount eligible for\namortization" determined pursuant to subdivision a of section three\nhundred seventeen-b of this article, if applicable.\n  d. Amortized payments determined pursuant to section three hundred\nseventeen-b and pursuant to this section shall be due and payable on\nFebruary first of each year during the applicable amortization period.\nThe comptroller shall have the authority to permit the pre-payment of\nthe remaining balance of the "amount eligible for amortization"\ndetermined pursuant to both such sections subject to the following:\n  (1) on or before November fifteenth, two thousand five in addition to\nthe amount due for the current year billing and for the payment of the\namortized annual installment determined pursuant to section three\nhundred seventeen-b and pursuant to this section, the comptroller shall\nadvise the participating employer of the total amount due and be\nauthorized to accept pre-payment in full of said amount by February\nfirst, two thousand six.\n  (2) on or before each November fifteenth thereafter, in addition to\nthe amount due for the current year billing and for the payment of the\nannual amortized installments, the comptroller shall advise the\nparticipating employer of the total amount still outstanding and be\nauthorized to accept the pre-payment of any balance remaining to be paid\nby February first of the succeeding year.\n
N.Y. ENV Law § 15-0307 — New York Code / Act ENV / Article 15 / Title 3 / Section 15-0307
Requirement of statements and reports
Status: in_force

§ 15-0307. Requirement of statements and reports.\n  The department may require any holder of a license, permit or other\nauthorization, issued pursuant to this article, at a designated time or\ntimes, to file with it statements and reports, in such form as it may\nprescribe, covering any data or information which it deems necessary or\nproper to enable it to carry into effect the provisions of this article.\n
N.Y. RSS Law § 317-A — New York Code / Act RSS / Article 8 / Title 3 / Section 317-A
Amortization of amounts outstanding
Status: in_force

§ 317-a. Amortization of amounts outstanding.  a. On or before\nSeptember first, nineteen hundred eighty-nine on the basis of the annual\nactuarial valuation and appraisal procedure provided for in this\narticle, the comptroller shall determine the annual amounts that, had\nthis section not been enacted, would have been required to be paid into\nthe pension accumulation fund and the New York state public employees'\ngroup life insurance plan, as appropriate, from the participating\nemployers for all obligations including unpaid amounts for the\nretirement incentive program and payments for any other benefit funded\non other than an annual basis of participating employers to the\nretirement system not discharged prior to such date, for fiscal years\nending March thirty-first, nineteen hundred eighty-eight and March\nthirty-first, nineteen hundred eighty-nine. Such amounts shall include\ninterest, as defined in section three hundred sixteen of this article,\nthrough the fifteenth day of December, nineteen hundred eighty-nine. The\nsum of such amounts shall be called the "amount to be amortized".\n  b. The amount to be amortized shall be paid into the pension\naccumulation fund and the New York state public employees' group life\ninsurance plan, as appropriate, according to a schedule of equal annual\ninstallments during any years remaining in the amortization period. The\n"amortization period" shall be seventeen years. The first payment shall\nbe payable by December fifteenth, nineteen hundred eighty-nine.\n  c. The amount of the annual payment to be made in any subsequent\nfiscal year shall be the amount that would be required to pay in full,\nin equal annual installments over the remainder of the amortization\nperiod, any unpaid balance of the amount to be amortized and interest on\nsuch unpaid balance computed at eight and three-quarters percent per\nannum.\n  d. An amount sufficient to provide for such payment shall be included\nin the next annual budget for each participating employer. The amounts\ndue shall be paid on December fifteenth of each year during the\namortization period.\n  e. The state comptroller is directed to promulgate regulations to\npermit the pre-payment of the amounts outstanding. Such regulation shall\nprovide that:\n  (1) On or before November fifteenth, nineteen hundred eighty-nine, in\naddition to the amount due for the current year billing and for the\npayment of the amortized annual installment, the comptroller shall\nfurnish the total amount due and be authorized to accept pre-payment in\nfull of said amount by December fifteenth, nineteen hundred eighty-nine.\n  (2) On or before each November fifteenth thereafter, in addition to\nthe amount due for the current year billing and for the payment of the\nannual amortized installment, the comptroller shall furnish the total\namount still outstanding and be authorized to accept the pre-payment of\nany balance remaining to be paid by December fifteenth of that year.\n
N.Y. ENV Law § 13-0343 — New York Code / Act ENV / Article 13 / Title 3 / Section 13-0343
Nets other than trawls; restrictions on use of nets and trawls
Status: in_force

§ 13-0343. Nets other than trawls; restrictions on use of nets and\n             trawls.\n  1. Nets other than trawls shall not be placed, maintained or used in\nany of the following waters except: (a) as permitted by this section;\n(b) landing nets may be used in completing the catch of fish hooked by\nangling; and (c) cast nets, not in excess of twenty feet in diameter,\noperated by hand may be used to take Atlantic menhaden (Brevoortia\ntyrannus) and mullets (Mugil spp), except in the waters described in\nsubdivisions four, eight and twelve of this section. The use of cast\nnets shall be limited to one per boat.\n  2. In the waters of the marine district in the county of Richmond\npurse seines may not be used to take menhaden; and nets of not more than\nten feet in length, operated by hand, may be used to take minnows and\nshrimp for bait.\n  3. In the Harlem River and the East River east of the Robert F.\nKennedy Bridge and in Long Island Sound west of a line drawn from\nHewlett's (King's) Point to the north end of Hart Island, thence to the\nsouth end of Glen Island, and in their adjacent bays, coves, creeks and\nconfluent waters, only such nets as are used to take lobsters or crabs\nmay be used.\n  4. In the Nissequogue River fish may be taken by angling only except\nthat nets of not more than twenty feet in length and four feet in depth,\noperated by hand, may be used to take bait fish during daylight hours\nonly.\n  5. a. In the inland tidal waters within the town of Hempstead, no\nperson shall at any time engage in eel dredging by the use of nets\naccompanied by cutting boards, chains or other similar devices.\n  b. In the inland tidal waters within the town of Hempstead westerly of\nthe Wantagh State Parkway causeway, nets shall not be used except nets,\nnot over forty feet long and four feet deep, may be used to take minnows\nor shrimp for bait.\n  6. In Jamaica Bay and its adjacent creeks, inlets and basins, nets\nshall not be used inshore of a line from the beacon at Rockaway Point\njetty to the municipal bath houses on Coney Island, except that minnows\nand shrimp may be taken by hand nets not over forty feet long and four\nfeet deep and except that nets other than trawls may be used from\nOctober 10 to December 31 in that part of such area southerly of a line\nfrom the lighted beacon at Manhattan Beach to the most southerly point\non Barren Island and westerly of the Marine Parkway bridge across\nRockaway Inlet.\n  7. In Gravesend Bay, and in the Atlantic Ocean within one-half mile of\nthe shore from Norton's point to the municipal bath houses on Coney\nIsland and within one-half mile of the shore from the Rockaway Inlet\njetty at Rockaway Point to the East Rockaway Inlet jetty at Silver\nPoint, nets shall not be used except as follows:\n  a. To take minnows or shrimp for bait, hand nets not more than forty\nfeet long and four feet deep.\n  b. To take eels, spears and eel weirs.\n  c. To take menhaden, vessels of forty tons or less register using nets\nother than trawls, except where prohibited by subdivision 13 of this\nsection.\n  8. In the Carmans river, Suffolk county.\n  a. Nets shall not be used in the river north of a line running from\nthe most southerly point of land within the Wertheim National Wildlife\nRefuge on the western shore of the river easterly to the point where the\nsouthern boundary of the refuge meets the eastern shore of the river.\n  b. Eel pots shall not be used north of the point where Beaver Dam road\n(Brookhaven avenue) meets the river. Between the point where Beaver Dam\nroad meets the river and the line described in paragraph a of this\nsubdivision eel pots may be used only to take eels.\n  9. In Jones' Inlet, nets, except haul seines of not more than one\nhundred twenty feet in length and six feet in depth used to take bait\nfish or crustacea, shall not be used inshore from an east and west line\ndrawn from a point one-half mile southerly of the municipal bathing\npavilion at Point Lookout, thence easterly to a point one-half mile\nsoutherly of the Short Beach Coast Guard tower. The inshore boundary of\nthe Jones' Inlet area closed to certain netting shall be the bridges of\nthe Loop and Meadowbrook Parkway.\n  10. In Fire Island Inlet, nets, except during the period of time from\nApril first through May thirty-first haul seines of not more than one\nhundred seventy-five feet in length and twenty feet in depth used to\ntake bait fish or crustacea, shall not be used inshore of a line drawn\nfrom the sea end of the government jetty at Democrat Point to the town\nof Babylon bathing pavilion at Cedar Island Beach. The inshore boundary\nof the Fire Island Inlet area closed to certain netting shall be the\nRobert Moses bridge to Fire Island.\n  11. Nets shall not be used in Moriches inlet, Shinnecock Inlet and in\nMecox Inlet nor in the Atlantic Ocean within one-half mile of the shores\nthereof for a distance of one-half mile measured east and west along the\nbeach from the east and west shores of the seaward entrances to such\ninlets. The department, for law enforcement purposes, may in its\ndiscretion erect suitable markers on the beach at the limit points.\n  12. In the Connetquoit River nets shall not be used.\n  13. In the waters of the Atlantic Ocean and Fire Island Inlet, nets\nshall not be used within one thousand feet of the beach between Rockaway\nInlet Jetty at Rockaway Point and the headland extending into Fire\nIsland Inlet known as the "sore thumb".\n  14. In the county of Suffolk.\n  a. In the waters lying westerly of an imaginary line extending in a\ngeneral southerly direction from Leaves Point in Southold town to Hay\nBeach Point in Shelter Island, and a line extending in a general\nnortheasterly direction from Mashomack Point in Shelter Island to Cedar\nPoint at the eastern entrance to Sag Harbor.\n  (1) haul seines shall not be used measuring over one hundred fifty\nfathoms in length, attached to which may be two wings, each measuring\nnot more than one hundred fifty fathoms in length with a stretched mesh\nsize including knot of not less than three and one-quarter inches in one\nwing and three and one-half inches in the other wing;\n  (2) the use of haul seines is prohibited from midnight Thursday to\n6:00 P.M. Sunday.\n  (3) when permitted by the commissioner, pound or trap nets may be used\nin the waters described in paragraph a of this subdivision provided they\ndo not interfere with or obstruct navigation or the carrying out of\nshellfish culture as provided in this chapter. Any such pound or trap\nnets shall be marked in accordance with requirements prescribed by the\ncommissioner.\n  b. Waste fish shall not be left on shore or within the waters five\nhundred feet from shore.\n  15. a. Nets shall not be used in Long Island sound west of an\nimaginary line from the New York-Connecticut boundary shore line\nextending easterly and southerly to Eaton's Point Neck on Long Island\nfrom April 1 to November 1, nor at any time in the waters of Huntington\nBay, Lloyd Harbor, Northport Bay or Coldspring Harbor; provided,\nhowever, that hand nets not more than forty feet long and four feet in\nwidth may be used to take minnows and shrimp for bait, at any time.\n  b. Gill nets shall not be used in Long Island Sound or in harbors,\nbays or other waters adjacent thereto west of an imaginary line\nextending north from the easterly boundary of the town of Brookhaven on\nthe north shore of Long Island in the county of Suffolk. However, as\npermitted under subdivision ten of section 13-0329 of this chapter, a\nholder of a commercial lobster license may use no more than one gill net\nnot longer than three hundred feet with a stretched mesh size between\nthree and one-half inches and four and one-quarter inches to take bait\nfish between April 1 and November 15 during each weekly period beginning\n6:00 p.m., Sunday, through 9:00 a.m. Friday, providing that each net\nwill be buoyed on each end and identified with the permittee's\ncommercial lobster license number. The net shall be fished with the top\nnot less than four feet below the surface of the water.\n  16. Unless permitted by statute, or licensed or permitted by the\ndepartment, nets shall not be possessed by any person in or on waters of\nthe marine district, in the following instances:\n  a. Nets of metallic fabric shall not be possessed in or on any waters\nor within one-half mile thereof;\n  b. In waters where use of trawls is prohibited by section 13-0341,\nsuch trawls shall not be possessed in the waters where their use is\nprohibited, or during any time when such use is so prohibited;\n  c. In waters where use of nets other than trawls, or use of trawls; is\nprohibited by this section, the nets, or trawls, as the case may be, or\nnets of the kind or kinds prohibited, shall not be possessed in the\nwaters where their use is prohibited or during any time when such use is\nprohibited, except that where a provision of this section expressly\nspecifies a lesser distance from the water in which possession is\nprohibited, this section does not enlarge the distance from the water in\nwhich such possession is prohibited.\n  d. Nothing in this subdivision shall be construed as prohibiting\ncommercial fishing vessels sailing to or from offshore fishing grounds\nfrom carrying on board fishing gear that may legally be used in such\noffshore waters even though they must pass through waters where the use\nof such gear is otherwise prohibited.\n  17. Within three nautical miles of the Atlantic coastline and in all\nother tidal waters within the state, the use of purse seines for taking\nfood fish is prohibited.\n  18. Nets and seines measuring more than twenty-five feet in length and\nfour feet in depth shall not be used in the waters of Oyster Bay Harbor.\n  19. a. Gill or trammel nets set or operated in the marine and coastal\ndistrict shall be marked at each end with an orange flag at least twelve\ninches square attached to a mast rising above the surface of the water\nat least five feet. Nets operated after dark shall have orange and white\nreflective tape attached to the mast for a minimum one foot length\nimmediately below the flag.\n  b. No gill or trammel net shall be set or operated in the marine and\ncoastal district within one thousand feet of a pound or trap net.\n  c. Except in the waters of the Atlantic Ocean, Long Island Sound,\nTiana Bay, Shinnecock Bay, Mecox Bay, Quantuck Bay, that portion of\nMoriches Bay within the town of Southampton, and the marine and coastal\nwaters lying easterly of an imaginary line extending in a general\nsoutherly direction from Cleaves Point in the town of Southold to Hay\nBeach Point in Shelter Island, and a line extending in a general\nnortheasterly direction from Mashomack Point in Shelter Island to Cedar\nPoint at the eastern entrance to Sag Harbor, no gill or trammel net\nshall be set in the waters of the marine and coastal district from\nsunset Friday to sunrise Monday during the period from April first to\nNovember first.\n  d. Gill or trammel nets set or operated in the waters of the Great\nSouth Bay shall not exceed twelve hundred feet in length. In addition to\nthe requirements in paragraph a of this subdivision, nets set or\noperated in the Great South Bay shall display surface markers at least\nevery one hundred feet. No gill or trammel net shall be set in the\nwaters of the Great South Bay from May first until May thirty-first,\ninclusive. For the purposes of this subdivision, Great South Bay shall\nmean the waters extending east from Wantagh State Parkway to the Smith\nPoint Bridge and southwest to the Robert Moses Inlet Bridge.\n  e. Those gill and trammel nets set in the waters of the Hudson River\nin accordance with section 11-1511 of this chapter shall be exempt from\nthe provisions of this subdivision.\n  f. The use of gill or trammel nets for the taking of blackfish is\nprohibited.\n
N.Y. ENV Law § 19-0323 — New York Code / Act ENV / Article 19 / Title 3 / Section 19-0323
Use of ultra low sulfur diesel fuel and best available technology by the state
Status: in_force

§ 19-0323. Use of ultra low sulfur diesel fuel and best available\n             technology by the state.\n  1. As used in this section, the terms:\n  a. "Ultra low sulfur diesel fuel" means diesel fuel having sulfur\ncontent of 0.0015 per cent of sulfur or less.\n  b. "Heavy duty vehicle" or "vehicle" means any on and off-road vehicle\npowered by diesel fuel and having a gross vehicle weight of greater than\n8,500 pounds, except that those vehicles defined in section 101 of the\nvehicle and traffic law, paragraph 2 of schedule E and paragraph (a) of\nschedule F of subdivision 7 of section 401 of such law, and vehicles\nspecified in subdivision 13 of section 401 of such law, and farm type\ntractors and all terrain type vehicles used exclusively for agricultural\nor mowing purposes, or for snow plowing, other than for hire, farm\nequipment, including self-propelled machines used exclusively in\ngrowing, harvesting or handling farm produce, and self-propelled\ncaterpillar or crawler-type equipment while being operated on the\ncontract site, and timber harvesting equipment such as harvesters, wood\nchippers, forwarders, log skidders, and other processing equipment used\nexclusively off highway for timber harvesting and logging purposes,\nshall not be deemed heavy duty vehicles for purposes of this section.\nThis term shall not include vehicles that are specially equipped for\nemergency response by the department, office of emergency management,\nsheriff's office of the department of finance, police department or fire\ndepartment.\n  c. "Best available retrofit technology" means technology, verified by\nthe United States environmental protection agency for reducing the\nemission of pollutants that achieves reductions in particulate matter\nemissions at the highest classification level for diesel emission\ncontrol strategies that is applicable to the particular engine and\napplication. Such technology shall also, at a reasonable cost, achieve\nthe greatest reduction in emissions of nitrogen oxides at such\nparticulate matter reduction level and shall in no event result in a net\nincrease in the emissions of either particulate matter or nitrogen\noxides.\n  d. "Reasonable cost" means that such technology does not cost greater\nthan 30 percent more than other technology applicable to the particular\nengine and application that falls within the same classification level\nfor diesel emission control strategies, as set forth in paragraph c of\nthis subdivision, when considering the cost of the strategies,\nthemselves, and the cost of installation.\n  2. Any diesel powered heavy duty vehicle that is owned by, operated by\nor on behalf of, or leased by a state agency and state and regional\npublic authority shall be powered by ultra low sulfur diesel fuel.\n  3. Any diesel powered heavy duty vehicle that is owned by, operated by\nor on behalf of, or leased by a state agency and state and regional\npublic authority with more than half of its governing body appointed by\nthe governor shall utilize the best available retrofit technology for\nreducing the emission of pollutants. The commissioner shall promulgate\nregulations for the implementation of this subdivision specifying that\nall vehicles covered by this subdivision shall have best available\nretrofit technology on or before December 31, 2019.\n  This subdivision shall not apply to any vehicle subject to a lease or\npublic works contract entered into or renewed prior to the effective\ndate of this section.\n  4. In addition to other provisions for regulations in this section,\nthe commissioner shall promulgate regulations as necessary and\nappropriate to carry out the provisions of this act including but not\nlimited to provision for waivers upon written finding by the\ncommissioner that (a) best available retrofit technology for reducing\nthe emissions of pollutants as required by subdivision 3 of this section\nis not available for a particular vehicle or class of vehicles and (b)\nthat ultra low sulfur diesel fuel is not available.\n  5. In addition to any waiver which may be issued pursuant to\nsubdivision four of this section, the department shall issue a waiver to\na state agency, a state or regional public authority, or a person\noperating any diesel-powered heavy duty vehicle on behalf of a state\nagency, state or regional public authority, upon a request in a form\nacceptable to the department for a waiver from the provisions of\nsubdivision three of this section for a vehicle engine provided that\nsuch vehicle engine will cease to be used in the state on or before\nDecember thirty-first, two thousand twenty. Any waiver issued pursuant\nto this subdivision shall expire when a state agency, a state or\nregional public authority, or a person operating any diesel-powered\nheavy duty vehicle on behalf of a state agency, state or regional public\nauthority ceases to use the engine in the state but not later than\nDecember thirty-first, two thousand twenty.\n  6. This section shall not apply where federal law or funding precludes\nthe state from imposing the requirements of this section.\n  7. On or before January 1, 2008 and every year thereafter, the\ncommissioner shall report to the governor and legislature on the use of\nultra low sulfur diesel fuel. On or before January 1, 2020 and every\nyear thereafter, the commissioner shall include in the report to the\ngovernor and legislature the use of the best available retrofit\ntechnology as required under this section. The information contained in\nthis report shall include, but not be limited to, for each state agency\nand public authority covered by this section: (a) the total number of\ndiesel fuel-powered motor vehicles owned or operated by such agency and\nauthority; (b) the number of such motor vehicles that were powered by\nultra low sulfur diesel fuel; (c) the total number of diesel\nfuel-powered motor vehicles owned or operated by such agency and\nauthority having a gross vehicle weight rating of more than 8,500\npounds; (d) the number of such motor vehicles that utilized the best\navailable retrofit technology, including a breakdown by motor vehicle\nmodel, engine year and the type of technology used for each vehicle; (e)\nthe number of such motor vehicles that are equipped with an engine\ncertified to the applicable 2007 United States environmental protection\nagency standard for particulate matter as set forth in section 86.007-11\nof title 40 of the code of federal regulations or to any subsequent\nUnited States environmental protection agency standard for particulate\nmatter that is at least as stringent; and (f) all waivers, findings, and\nrenewals of such findings, which, for each waiver, shall include, but\nnot be limited to, the quantity of diesel fuel needed to power diesel\nfuel-powered motor vehicles owned or operated by such agency and\nauthority; specific information concerning the availability of ultra low\nsulfur diesel fuel.\n  8. The department shall, to the extent practicable, coordinate with\nregions which have proposed or adopted heavy duty emission inspection\nprograms to promote regional consistency in such programs.\n