N.Y. ENV Law § 15-2101 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2101
Definitions and construction
Status: in_force

§ 15-2101. Definitions and construction.\n  The following words and phrases when used in title 21 are defined as\nfollows:\n  1. "Real estate," when used without words of limitation, includes all\nuplands, lands under water, the waters of any lake, pond or stream, all\nwater and riparian rights or privileges, all water powers, water plants,\nand all dams, races, sluiceways and machinery connected therewith, and\nany and all easements and incorporeal hereditaments, and every estate,\ninterest and right, legal or equitable, in land or water, including\nterms for years, and liens, legal or equitable, on real estate, as above\ndefined, in way of judgment, mortgage or otherwise, and all real estate\nas above defined acquired or used for railroad, highway, or other public\npurposes.\n  2. "Regulating reservoir" means a basin for impounding water, formed\nor enlarged by a dam, constructed or maintained for the purpose of\nregulating the flow of a stream or river and shall be construed to\ninclude the dams and dikes or other structures by means of which the\nwater is or is to be impounded, the gate houses, including controlling\ngates, sluices, screens, racks and other accessories thereto; spillways,\nfishways, log or ice chutes, or barriers and all accessories thereto;\nall bridges or roadways over or appurtenant to the dams and dikes; all\nother structures, devices, or appliances connected with or appurtenant\nto any of the structures hereinbefore enumerated, in such manner that\nthey cannot be removed without injury to such structures or without\nimpairing the usefulness thereof for the purposes for which they are\nintended; the lands under the water impounded, or to be impounded, by\nthe dam or dams, and such lands surrounding or adjacent to the dam, or\nthe water impounded or to be impounded thereby, and such other real\nestate and appliances, including roadways and telephone lines, as shall\nbe necessary for the purposes of the construction, maintenance, or\noperation of a regulating reservoir, as above defined, also including\nsuch land surrounding such reservoir as may be necessary to preserve and\nprotect such reservoir from unsanitary conditions, and from any\nencroachment affecting its use for the purpose of regulating the flow of\nthe stream or river for the regulation of which it may be constructed.\nSuch term is not intended to include a reservoir created by a dam\nconstructed or maintained for power purposes, but is intended to include\na reservoir at or by reason of which there may be, as an incident to the\nconstruction, maintenance and operation of such regulating reservoir,\nthe possibility of the utilization of a portion of the water stored\nthereby for power purposes, without in any way interfering with the\nprimary purpose of a reservoir constructed under the provisions of title\n21 of this article.\n  3. "Benefit or benefits" shall be interpreted to include benefits to\nreal estate, public or private, to municipal water supply, to\nnavigation, to agriculture and to industrial and general welfare by\nreason of the maintenance and operation of a regulating reservoir,\nwhether such benefit shall inure to a person, a public corporation or\nthe state. In the event that any regulating reservoir operates to\nrelieve the state of any obligation by reason of diversion of the water\nof any river for canal purposes, the state, to the extent that the\nmaintenance and operation of such reservoir may accomplish such relief,\nshall be deemed to have received benefit therefrom.\n  4. "Board" shall mean the river regulating board of a district.\n  5. "Preliminary expenses" shall be construed to mean expenditures made\nor incurred by the state on account of the services or expenses of its\nofficers or employees in making studies, investigations, surveys, plans,\nspecifications and estimates; in negotiating, drafting, and letting\ncontracts; in supervising and directing the construction of works and\nstructures, as authorized or required by title 21 of this article; and\nthe expenses of procuring searches, or abstracts of title of real estate\nfor the purpose of carrying out the provisions of title 21 of this\narticle.\n  6. "Regulation" means only such regulation as can be had through the\nconstruction, maintenance and operation of regulating reservoirs,\nexcepting as otherwise expressly provided in title 21 of this article.\n  7. "Average flow" means that result in terms of cubic feet of water\nper second derived by the division of the total number of cubic feet of\nwater flowed by any stream or river, at the location thereon where the\nmeasurement is taken, in one year, or for an average of years, by the\nnumber of seconds in a year.\n  8. "Average normal flow" means that result in terms of cubic feet of\nwater per second derived by the division of the total number of cubic\nfeet of water flowed by any stream or river, at the location thereon\nwhere the measurement thereof is taken, on those days in a year during\nwhich such flow did not exceed the average flow, by the number of\nseconds in the total number of such days.\n  9. "Cost of construction" shall be construed to include in addition to\nthe cost of a regulating reservoir, all preliminary expenses, all\nexpenses of organization of the district, engineering fees, costs of\nsurveys, plans, advertising, salaries, compensation and expenses of the\nboard, together with all legal and other expenses, incidental to the\nconstruction of such reservoirs up to time of the completion thereof.\n  10. "Cost of maintenance and operation" shall be construed to include\nall such expenses for repairs and upkeep of the regulating reservoir,\nall such expenses necessary to the proper operation of such reservoir\nfor the purposes for which it was constructed and all such part of the\ncompensation and expenses of the board, its officers and employees after\nthe completion of such regulating reservoir as are in the judgment of\nthe board and the department properly chargeable thereto.\n  11. "High flow line" means the line which will be made around a\nreservoir by the water therein when it is at the level of the crest of\nthe reservoir spillway.\n  12. "Low flow line" means the line made by the water of a reservoir\nwhen it is at the lowest level which, consistent with the regulation of\nthe flow of the river and the maintenance of sanitary conditions, the\nboard with the approval of the department shall fix and determine.\n  13. "Unsanitary condition or conditions" means such condition or\nconditions as are a menace to the public health.\n  14. The general provisions and definitions appearing in section\n15-1903 shall, where appropriate, be applicable to the functions and\nduties of the department or board, as the case may be, under title 21.\n
N.Y. PBA Law § 1621-S — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-S
Severability
Status: in_force

* § 1621-s. Severability. If any clause, sentence, paragraph,\nsubdivision, section or part of this article shall be adjudged by any\ncourt of competent jurisdiction to be invalid, such judgment shall not\naffect, impair, or invalidate the remainder thereof, but shall be\nconfined in its operation to the clause, sentence, paragraph,\nsubdivision, section or part thereof directly involved in the\ncontroversy in which such judgment shall have been rendered. It is\nhereby declared to be the intent of the legislature that this article\nwould have been enacted even if such invalid provisions had not been\nincluded herein.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. ENV Law § 71-2101 — New York Code / Act ENV / Article 71 / Title 21 / Section 71-2101
Applicability of this title
Status: in_force

§ 71-2101. Applicability of this title.\n  In addition to the provisions of section 71-0101 and 71-0301 and title\n17 of this article, the provisions of this title shall be applicable to\nthe enforcement of article 19.\n
N.Y. ENV Law § 17-2101 — New York Code / Act ENV / Article 17 / Title 21 / Section 17-2101
Definitions
Status: in_force

§ 17-2101. Definitions.\n  As used in this title:\n  1. "Compost" means the biologically stable humus-like material derived\nfrom composting or the aerobic, thermophilic decomposition of organic\nmatter.\n  2. "Fertilizer" means the same as "specialty fertilizer" as defined in\nsection one hundred forty-three of the agriculture and markets law.\n  3. "Lawn" or "non-agricultural turf" means any non-crop land area that\nis covered by any grass species. Lawn or non-agricultural turf does not\nmean flower or vegetable gardens, pasture, hayland, trees, shrubs, turf\ngrown on turf farms, or any form of agricultural production.\n  4. "Phosphorus fertilizer" means fertilizer in which the available\nphosphate (P205) content is greater than 0.67 percent by weight,\nexcluding compost.\n
N.Y. PBA Law § 2490-F — New York Code / Act PBA / Article 8 / Title 21 / Section 2490-F
Civil service status of employees
Status: in_force

§ 2490-f. Civil service status of employees. The appointment and\npromotion of all employees of the authority shall be made in accordance\nwith the provisions of the civil service law and the rules of the city\nof Saratoga Springs civil service commission, and such employees shall\nbe entitled to membership in the city pension and retirement system, and\nshall be entitled to the same rights and obligations thereunder as the\nemployees of the city.\n
N.Y. ENV Law § 17-2105 — New York Code / Act ENV / Article 17 / Title 21 / Section 17-2105
Local fertilizer regulation
Status: in_force

§ 17-2105. Local fertilizer regulation.\n  A local government may enact more stringent standards for the\napplication of fertilizer for lawn and non-agricultural turf than\nestablished in this title, provided, however, that any local government\nthat enacts such standards after January 1, 2011 must demonstrate to the\ndepartment prior to enactment that additional or more stringent\nstandards are necessary to address local water quality conditions.\n
N.Y. ENV Law § 15-2133 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2133
Operation of reservoirs
Status: in_force

§ 15-2133. Operation of reservoirs.\n  1. The board shall not permit the water in any reservoir constructed\nunder the provisions of title 21 of this article to rise above the high\nflow line thereof, except during floods or other emergencies, and if\nduring floods or other emergencies the water shall rise above such high\nflow line the board shall immediately open the outlet gates in such\nreservoir and take such other action as may be necessary to lower the\nwater to the high flow line of such reservoir with the least practicable\ndelay. The board shall keep an accurate and, so far as practicable,\ncontinuous record of the height of water in each reservoir and shall\ninstall and maintain at suitable places such gauges or instruments as\nmay be necessary therefor.\n  2. Except for absolutely necessary inspection or repairs, no reservoir\nshall at any time be drawn off below the low flow line, or to such\nextent as to expose isolated pools which may cause unsanitary\nconditions, unless due provision is made for draining such pools into\nthe lowest water level of such reservoir. It shall be unlawful for any\nofficer or person in charge of any reservoir to neglect the provisions\nof this section.\n  3. It shall be unlawful for any person to open or close or cause to be\nopened or closed a gate or gates in any dam constructed pursuant to the\nprovisions of this title without the consent of the board or for any\nperson to interfere in any way with the operation of, or injure a\nregulating reservoir.\n  4. When the flow of a river at any water power plant thereon falls\nbelow the average normal flow thereof, the then natural flow of the\nriver at a reservoir dam thereon shall not be restricted without the\nconsent of the owner of such power plant.\n  5. No regulating reservoir shall be constructed pursuant to the\nprovisions of title 21 of this article of a capacity greater than is\nrequired to maintain the average flow.\n  6. The expense of maintenance and operation of any existing reservoirs\nshall be paid as now provided by law until such reservoirs are taken\nover by the board pursuant to the provisions of title 21 of this\narticle, and thereafter such expense shall be paid as herein provided\nfor the maintenance and operation of reservoirs constructed pursuant to\ntitle 21 of this article.\n
N.Y. ENV Law § 27-2117 — New York Code / Act ENV / Article 27 / Title 21 / Section 27-2117
Phase-out of mercury-added components in motor vehicles
Status: in_force

§ 27-2117. Phase-out of mercury-added components in motor vehicles.\n  1. Commencing with the motor vehicle model year for the fourth year\nafter the calendar year in which this subdivision takes effect, no\nmanufacturer shall equip any motor vehicle sold in this state with any\nmercury-added component.\n  2. Notwithstanding the provisions of subdivision one of this section,\na motor vehicle may be equipped with a mercury-added component which is\nnecessary to comply with federal or state safety or health requirements,\nor for the purposes of national security, provided that the manufacturer\napplies for and receives an exemption from the commissioner.\n  3. If granted an exemption, every motor vehicle that is equipped with\na mercury-added component shall be labeled by the manufacturer as\nrequired in subdivision 3 of section 27-2103 of this title.\n
N.Y. ENV Law § 15-2125 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2125
Operation and maintenance charges
Status: in_force

§ 15-2125. Operation and maintenance charges.\n  1. The board shall make an estimate of an amount sufficient to pay the\nexpense of the maintenance and operation of the works erected hereunder,\nincluding interest on temporary certificates of indebtedness issued\nprior to the effective date of the Local Finance Law. If lands in the\nforest preserve have been used, such estimate shall include in addition\na reasonable return to the state upon the value of the rights and\nproperty of the state used and the services of the state rendered. A\nreasonable return to the state upon the value of the rights and property\nof the state used shall mean six per cent upon the value of the lands\nflowed, exclusive of merchantable timber and salable wood removed\ntherefrom for which the state shall have been paid as provided by\nsubdivision 8 of section 15-2119 hereof. The value of the services of\nthe state rendered shall be construed to mean the actual cost thereof.\n  2. Any amount so estimated shall be the estimated amount required for\nsuch purposes each year, and when fixed and determined as herein\nprovided shall be the amount thereof for a period of three years. The\namount shall be readjustable at the end of any three-year term. The\namount less any part thereof to be paid by the state shall be the amount\nto be annually collected for such purposes, and shall be apportioned\nupon the public corporations and real estate benefited according to the\nbenefits derived therefrom respectively, and shall be levied, assessed\nand collected in the same manner as the cost and expenses of the\nreservoir are herein provided to be levied, assessed and collected.\n  3. Such estimates and determinations as from time to time fixed and\ndetermined by the board may upon application of any party affected\nthereby be reviewed in the manner provided by article seventy-eight of\nthe Civil Practice Law and Rules by the Supreme Court of the judicial\ndistrict in which the reservoir is located. Upon the hearing on such\napplication for review, the court shall take the testimony and other\nproofs of the parties and may make an order affirming, vacating or\nmodifying any such estimate and determination.\n
N.Y. ENV Law § 9-2103 — New York Code / Act ENV / Article 9 / Title 21 / Section 9-2103
Highway right of way public utility improvements
Status: in_force

§ 9-2103. Highway right of way public utility improvements.\n  1. Definitions. For purposes of this section:\n  a."county highway" shall have the same meaning as defined in\nsubdivision four of section three of the highway law.\n  b. "eligible project" shall mean burial or co-location of a public\nutility line or construction and maintenance of bicycle paths by a\nproject sponsor within the width of a highway of a town highway, county\nhighway or state highway that traverses state forest preserve land.\n  c. "project sponsor" shall mean a village, town, a county, located in\nthe counties of Clinton, Delaware, Essex, Franklin, Fulton, Greene,\nHamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Sullivan,\nUlster, Warren and Washington or, for:\n  (i) bicycle paths, the department of transportation,\n  (ii) for water lines, a public water supplier; or\n  (iii) for electric, telephone or broadband lines, a public utility\ncompany.\n  d. "public utility company" shall have the same meaning as such term\nis defined in section two of the public service law; provided, however,\nthat for broadband projects a person subject to article eleven of the\npublic service law shall be included.\n  e. "public utility line" shall mean only electric, telephone,\nbroadband, water or sewer lines, including any necessary conduit used to\nprotect such lines. Public utility line shall not include the\nconstruction of any new intrastate natural gas or oil pipelines that\nhave not received all necessary state and local permits and\nauthorizations as of June first, two thousand sixteen.\n  f. "public water supplier" shall mean a county or town water\nimprovement district, village, New York city, public benefit corporation\nor public authority established pursuant to state law and empowered to\nconstruct and operate a municipal water management facility, as defined\nin section twelve hundred eighty-one of the public authorities law.\n  g. "state highway" shall mean a state highway as defined in\nsubdivisions one, two and three of section three of the highway law.\n  h. "state lands" shall mean lands owned by the state in forest\npreserve counties that are under the jurisdiction of the department.\n  i. "town highway" shall mean a town highway, as defined in subdivision\nfive of section three of the highway law, in existence as of January\nfirst, two thousand fifteen, listed on the local highway inventory\nmaintained by the department of transportation, and annually plowed and\nregularly maintained.\n  j. "water supply projects" shall mean drinking water wells.\n  k. "width of the highway" shall mean three rods or the deeded,\nrecorded municipal or state right of way or easement in existence as of\nJanuary first, two thousand fifteen.\n  2. Pursuant to approval by the department and the department of\ntransportation and following a public hearing on each eligible project\nat which the public shall be given an opportunity to be heard, a public\nutility line may be co-located within or buried beneath the width of the\nhighway of any state highway, county highway, or town highway.\n  3. A project sponsor for an eligible project within the width of the\nhighway shall submit an application for a permit to the department that\nat minimum shall include:\n  a. a resolution from the governing body of the project sponsor, or in\nthe case of a public utility seeking to utilize the width of highway of\na town highway, the governing body of the town, or the width of highway\nof a county, the county governing board, that includes:\n  (i) approval of the project;\n  (ii) attestation that such width of highway lands will only be used\nfor eligible purposes;\n  (iii) attestation that the project will minimize the removal of trees\nand vegetation and restore the area to pre-project condition to the\nmaximum extent practicable.\n  b. specific metes and bounds, including total proposed acreage of the\nwidth of highway land sought;\n  c. a narrative about the project, including a justification;\n  d. any necessary permits and authorizations; and,\n  e. an accurate survey.\n  4. Immediately upon determining that an application is complete, the\ndepartment shall cause a notice of application, which shall also include\nthe time period for public comments, to be published in the next\navailable state register and environmental notice bulletin as well as in\na newspaper having general circulation in the area in which the eligible\nproject is proposed to be located. Newspaper publications shall be\nprovided by the project sponsor.\n  5. The department shall hold a public hearing on each eligible project\nat which the public shall be given an opportunity to be heard.\n  6. The department, following consultation with the department of\ntransportation to determine that any required authorization has been\nprovided, shall only approve an application for an eligible project\npermit following a determination that:\n  a. the eligible project meets the eligible project criteria;\n  b. the eligible project minimizes adverse environmental impact to the\nmaximum extent practicable; and\n  c. the eligible project will not adversely impact lands with\nenvironmental, ecological or recreational value, as determined by the\ndepartment based on a resource inventory and assessment.\n  7. After a hearing and opportunity to be heard, if the commissioner\ndetermines that a project sponsor is utilizing land for a purpose other\nthan as authorized by the department, the commissioner may require\nremoval of any improvements to the land and restoration of the land to a\nnatural, vegetative state.\n  8. The department is authorized to promulgate such rules and\nregulations as may be necessary to implement and administer the\nprovisions of this article.\n
N.Y. ENV Law § 27-2103 — New York Code / Act ENV / Article 27 / Title 21 / Section 27-2103
Labeling
Status: in_force

§ 27-2103. Labeling.\n  1. Mercury-added consumer products sold or offered for sale in this\nstate by a distributor or retailer shall be labeled by the manufacturer\nthereof in accordance with the provisions of this section.\n  2. Unless alternative labeling is approved by the commissioner\npursuant to subdivision four of this section, the labeling of\nmercury-added consumer products shall:\n  (a) clearly and conspicuously inform the consumer that mercury is\npresent in such product and that such product shall not be disposed of\nor placed in a waste stream destined for disposal in mixed municipal\nsolid waste until the mercury is removed and reused, recycled or\notherwise managed to ensure that the mercury does not become part of\nsolid waste or contaminate wastewater;\n  (b) be conspicuous to the consumer prior to the purchase, and during\nthe installation and removal of such product;\n  (c) be affixed to the product and be composed of a material\nsufficiently durable to remain legible and so affixed for the useful\nlife of the product; and\n  (d) be printed and affixed to the product by the manufacturer thereof.\n  3. Automobile manufacturers shall be deemed to meet the labeling\nrequirements of this section, with respect to either original equipment\nor service parts, if new automobiles bear a label on the doorpost that\nlists the mercury-added components that may be present in such vehicle.\nSuch label shall, to the largest extent possible, be consistent with\nlabeling provisions of other states. An automobile manufacturer may\napply to the commissioner for approval of an alternative to the labeling\nrequirement that would be at least as effective in providing presale\nnotification of mercury content.\n  4. (a) The commissioner may promulgate rules and/or regulations\nspecifying labeling requirements, provided, however, that any such rules\nand/or regulations shall allow for the use of labels adopted by other\nstates that meet the requirements of subdivision two of this section.\n  (b) The commissioner shall promulgate rules and/or regulations to\nauthorize alternative labeling, including package labeling, for\nmercury-added consumer products as defined in this title under the\nfollowing conditions:\n  (i) a manufacturer must submit a written request for alternative\nlabeling documenting that a product or class of products cannot\nreasonably be labeled to comply with specific requirements of this\ntitle; and\n  (ii) all authorizations for alternative labeling granted under this\nsubdivision shall be valid for four years and may be renewed.\n
N.Y. ENV Law § 11-2105 — New York Code / Act ENV / Article 11 / Title 21 / Section 11-2105
State game refuges
Status: in_force

§ 11-2105. State game refuges.\n  1. Any enclosed land or water owned by the state may be set aside by\nthe department as a refuge for the protection of fish, wildlife, trees\nand plants. Not more than one hundred thousand acres in the Adirondack\npark nor more than fifteen thousand acres in the Catskill park shall be\nset aside for such purpose nor shall any land in the Adirondack or\nCatskill park be so set aside without the approval of the board of\nsupervisors or county legislative body of the county affected. The\nconsent of the riparian owners shall first be obtained before lands\nunder water and the waters thereon shall be so set aside.\n  2. Lands and waters set aside or established by the department as a\ngame refuge shall remain a game refuge until the department by\nregulation permits the taking of fish and wildlife thereon.\n
N.Y. ENV Law § 15-2109 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2109
General powers
Status: in_force

§ 15-2109. General powers.\n  1. The board shall have power to make all necessary rules and\nregulations which shall be effective when approved by the department.\n  2. The board and its authorized agents may enter upon any lands as in\nits judgment may be necessary for the purpose of making surveys and\nexaminations to accomplish any purpose authorized by title 21 of this\narticle, being liable only for actual damage done.\n  3. The board on behalf of such district shall have and may exercise\nall of the powers enumerated in subdivision 1 of section 15-2103 and in\naddition thereto all such other powers as are necessary and proper to\ncarry into execution the powers expressly granted to it, including power\nto make such channel improvements as may be necessary to prevent damage\nto downstream properties by the waters released from reservoirs.  The\nboard shall have charge of the operation of all reservoirs now in\nexistence, or hereafter constructed for the regulation of the flow of\nthe river and its tributaries of the district which it represents, not\nincluding, however, any reservoirs which are or may be maintained\nprimarily to provide water for the canal system of the state. No\nreservoirs for the regulation of the flow of streams or for any other\npurpose except for municipal water supply shall be hereafter constructed\nin Hamilton or Herkimer counties on the south branch of the Moose River\nby any river regulating board.\n  4. The board shall have the right to establish and maintain stream\ngauges and rain gauges, and may make such surveys and examinations of\nrainfall, stream flow and flood conditions, and of other scientific and\nengineering subjects as may be necessary and proper for the purposes of\nthe district and shall preserve a record thereof.\n  5. The board, on behalf of such district, subject to the limitations\nof title 21 of this article, shall have a dominant right of eminent\ndomain over the right of eminent domain of public corporations, except\ncities. In exercise of this right, due care shall be taken to do no\nunnecessary damage to other public utilities, and in case of failure to\nagree upon the mode and terms of interference, not to interfere with\ntheir operation and usefulness beyond the actual necessities of the\ncase, due regard being paid to the other public interests involved.\n  6. The board on behalf of such district shall have power to consent to\nthe transfer of jurisdiction over lands under its jurisdiction to any\nstate department or a bureau, division or agency thereof, or to any\nstate agency, upon such terms and conditions and under such regulations\nand restrictions as said board shall deem just and proper, providing,\nhowever, that the use of such lands will not interfere with the purposes\nfor which they were acquired.\n  7. The board of the Hudson river-Black river regulating district shall\nhave the power to contract to sell water, upon such terms and conditions\nas it deems advisable to any or all of the counties of Albany, Columbia,\nEssex, Fulton, Green, Hamilton, Rensselaer, Saratoga, Schenectady,\nWarren or Washington, which counties are contained within such district.\n
N.Y. ENV Law § 15-2105 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2105
Organization of the boards of river regulating districts
Status: in_force

§ 15-2105. Organization of the boards of river regulating districts.\n  1. Within thirty days after the incorporation of a river regulating\ndistrict as hereinbefore provided, the Governor shall appoint three\npersons, two at least of whom shall be resident freeholders within the\ndistrict, as a board to be known as the Board of ..................\nRiver Regulating District; one for a term of three years, one for a term\nof four years, and one for a term of five years. At the expiration of\ntheir respective terms of office, appointments shall be made for terms\nof five years. The Governor shall fill any vacancy on the board within\nthirty days after it occurs.\n  2. The members of the board including the chairperson shall not\nreceive a salary or other compensation but shall receive all necessary\nexpenses incurred in the performance of their duties. Expenses for any\nmember shall be approved by the board before being paid.\n  3. Each member of such board, before entering upon his duties, shall\ntake and subscribe the constitutional oath of office, which oath shall\nbe filed in the office of the Secretary of State. Upon taking the oath,\nthe board shall choose one of its number president, and shall select\nsome suitable person or persons to act as secretary and treasurer, who\nmay or may not be a member of the board. It shall adopt a seal and shall\nkeep in well bound books a record of all its meetings and proceedings,\ncertificates, contracts, surety bonds, and corporate acts, which shall\nbe open to the inspection of the department, the members thereof and all\nowners of real estate in the district and all other interested parties.\n  4. A majority of such board shall constitute a quorum, and a\nconcurrence of a majority in any matter shall be sufficient, for its\ndetermination, except as otherwise provided by the Local Finance Law.\n  5. The secretary shall keep and be the custodian of the records of the\nboard, and of its corporate seal, and shall assist the board in such\nparticulars as it may direct in the performance of its duties. He shall\nattest under the corporate seal of the district all certified copies of\nthe office records and files of the district that may be required of him\nby the provisions of title 21 of this article or by any person ordering\nthe same and paying the reasonable cost of transcription. Any portion of\nthe records so certified and attested shall prima facie import verity.\nThe secretary shall also serve as treasurer of the district unless a\nseparate treasurer is selected by the board.\n  6. The board may employ such attorneys, engineers, agents, assistants\nand employees as may be needful, and fix their compensation, including\nthe compensation of its secretary and treasurer.\n  7. The Governor may remove a member of such board for inefficiency,\nneglect of duty or misconduct in office, giving to him a copy of the\ncharges against him and an opportunity of being publicly heard in person\nor by counsel in his own defense upon not less than ten day's notice. If\nsuch member shall be removed the Governor shall file in the office of\nthe Secretary of State a complete statement of all charges made against\nsuch member and his findings thereon, together with a complete record of\nthe proceedings.\n
N.Y. ENV Law § 9-2105 — New York Code / Act ENV / Article 9 / Title 21 / Section 9-2105
Department reporting
Status: in_force

§ 9-2105. Department reporting.\n  1. The department shall issue an annual report to the legislature\ndetailing the use of the health and safety land account and the highway\nright of way public utility improvement permits including: the number of\napplications received; the number of eligible projects applications\napproved and denied; the project description, narrative and acreage of\neligible projects; the cumulative total of eligible projects listed by\nproject sponsor; total deposits by each project sponsor into the forest\npreserve fund; annual disbursements from the forest preserve fund and\nthe amount of land acquired with such disbursements; total number of\npublic utility improvement permits issued; and the cumulative total and\nproject type of permits issued listed by project sponsor.\n  2. The information contained in such report shall also be made\navailable on the department's website and updated no less than annually.\n
N.Y. ENV Law § 71-2111 — New York Code / Act ENV / Article 71 / Title 21 / Section 71-2111
Enforcement of air pollution emergency rules and regulations
Status: in_force

§ 71-2111. Enforcement of air pollution emergency rules and regulations.\n  Any person who violates any of the provisions of any regulation\npromulgated by the commissioner under authority of paragraph y of\nsubdivision one of section 3-0301 shall be liable for a civil penalty of\nnot more than twenty-five hundred dollars for each such violation and an\nadditional penalty of not more than five hundred dollars for each day\nduring which such violation continues, and, in addition thereto, such\npersons may be enjoined from continuing such violation. Penalties and\ninjunctive relief provided herein shall be recoverable in an action\nbrought by the attorney general at the request and in the name of the\ncommissioner.\n
N.Y. ENV Law § 71-2109 — New York Code / Act ENV / Article 71 / Title 21 / Section 71-2109
Emergencies excepted
Status: in_force

§ 71-2109. Emergencies excepted.\n  The civil liabilities which shall be imposed pursuant to the\nprovisions of this title upon persons violating the provisions of any\ncode, rule or regulation shall not be so construed as to include any\nviolation which was caused by an act of God, war, strike, riot,\ncatastrophe or other condition as to which negligence or willful\nmisconduct on the part of such person was not the proximate cause.\n
N.Y. PBA Law § 2490-H — New York Code / Act PBA / Article 8 / Title 21 / Section 2490-H
Moneys of the authority
Status: in_force

§ 2490-h. Moneys of the authority. 1. All moneys of the authority\nshall be paid to the commissioner of finance of the city of Saratoga\nSprings as agent for the authority, who shall designate depositories and\nwho shall not commingle such moneys with any other moneys. The moneys in\nsuch accounts shall be paid out on checks of the commissioner of finance\non requisition of the chairman of the authority or of such other person\nor persons as the authority may authorize upon proper audit of the city.\n  2. At the end of every fiscal year, the authority shall pay all excess\nfunds to the city for its use. The term excess funds shall mean\nauthority moneys not required for the authority's budget in the next\nfiscal year. In addition, the authority, with the consent of the city\ncouncil, can retain funds in a special capital account as a reserve fund\nfor possible future capital projects such as major repairs,\nreconstruction or renovation of the civic center, additional equipment\nor replacement of existing fixtures and equipment. The size of the\ncapital account shall be mutually agreed to by the authority and the\ncity, and no funds shall be expended from the said capital account\nwithout the consent of the city council.\n  3. All deposits of such moneys shall, if required by the commissioner\nof finance, be secured by obligations of the United States or of the\nstate of New York, of a market value equal at all times to the amount of\nthe deposit, and all banks and trust companies are authorized to give\nsuch security for the deposits.\n  4. The city of Saratoga Springs commissioner of finance and his\nlegally authorized representative are authorized and empowered from time\nto time to examine the accounts and books of the authority, including\nall receipts, disbursements, contracts, leases, sinking funds,\ninvestments and any other records and papers relating to its financial\nstanding.\n  5. The authority shall have power, notwithstanding the provisions of\nthis section, to contract with the holders of any of its bonds as to the\ncustody, collection, securing, investment and payment of any moneys of\nthe authority or any moneys held in trust or otherwise for the payment\nof bonds or in any way to secure bonds, and to carry out any such\ncontract notwithstanding that such contract may be inconsistent with the\nprevious provisions of this section. Moneys held in trust or otherwise\nfor the payment of bonds and the deposits of such moneys may be secured\nin the same manner as moneys of the authority, and all banks and trust\ncompanies are authorized to give such security for such deposits.\n
N.Y. ENV Law § 15-2135 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2135
Hearings; hearing officers; determinations
Status: in_force

§ 15-2135. Hearings; hearing officers; determinations.\n  Whenever the department is empowered under the terms of title 21 of\nthis article to make a determination it may hear testimony and take\nproofs material for its information and may appoint a hearing officer by\na written appointment, for that purpose. Every hearing officer so\nappointed shall be authorized to take such testimony and hear such\nproofs as may be material to the inquiry and report the proofs and\ntestimony so taken, with his opinion as to the facts established\nthereby, to the department. The department may make such determination\nfrom the proofs and testimony taken before it or before such hearing\nofficer or from any other data which shall be satisfactory to it, and\nthe expenses of taking such testimony or proofs shall be deemed a part\nof the expense of the improvement to which it relates.\n
N.Y. PBA Law § 1621-T — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-T
Inconsistent provisions in other acts superseded
Status: in_force

* § 1621-t. Inconsistent provisions in other acts superseded. Insofar\nas the provisions of this title are inconsistent with the provisions of\nany other act, general or special, or of any local law of the city, the\nprovisions of this title shall be controlling.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. ENV Law § 71-2105 — New York Code / Act ENV / Article 71 / Title 21 / Section 71-2105
Criminal liability for violations
Status: in_force

§ 71-2105. Criminal liability for violations.\n  1. Except as provided in section 71-2113, any person who shall\nwilfully violate any of the provisions of article 19 or any code, rule\nor regulation promulgated pursuant thereto or any final determination or\norder of the commissioner made pursuant to article 19 shall be guilty of\na misdemeanor, and, upon conviction thereof, shall be punished by a\nfine, in the case of a first conviction, of not less than five hundred\ndollars nor more than eighteen thousand dollars or by imprisonment for a\nterm of not more than one year, or by both such fine and imprisonment,\nfor each separate violation. If the conviction is for an offense\ncommitted after the first conviction of such person under this\nsubdivision, such person shall be punished by a fine not to exceed\ntwenty-six thousand dollars, or by imprisonment, or by both such fine\nand imprisonment. Each day on which such violation occurs shall\nconstitute a separate violation.\n  2. No prosecution under this section shall be instituted until after\nfinal disposition of an appeal or review, if any, provided by section\n19-0511.\n  3. All prosecutions under this section shall be instituted by the\ncommissioner and shall be conducted by the Attorney General in the name\nof the people of the state of New York.\n  4. In the prosecution of any criminal proceeding under this section by\nthe Attorney General and, in any proceeding before a grand jury in\nconnection therewith, the Attorney General shall exercise all the powers\nand perform all the duties which the District Attorney would otherwise\nbe authorized or required to exercise or perform, and in such a\nproceeding the District Attorney shall exercise such powers and perform\nsuch duties as are requested of him by the Attorney General.\n
N.Y. PBA Law § 2490-M — New York Code / Act PBA / Article 8 / Title 21 / Section 2490-M
Agreement with the state
Status: in_force

§ 2490-m. Agreement with the state. The state hereby pledges to and\nagrees with the holders of any bonds issued by the authority pursuant to\nthis title, that the state will not alter or limit the rights hereby\nvested in the authority to purchase, construct, maintain, operate,\nrepair, improve, increase, enlarge, extend, reconstruct, renovate,\nrehabilitate or dispose of any project, or any part or parts thereof,\nfor which bonds of the authority shall have been issued, to establish\nand collect rates, rents, fees and other charges referred to in this\ntitle, to fulfill the terms of any agreement made with or for the\nbenefit of the holders of bonds or with any public corporation or person\nwith reference to such project or part thereof, or in any way impair the\nrights and remedies of bondholders, until the bonds, together with the\ninterest thereon, with interest on any unpaid installments of interest\nand all costs and expenses in connection with any action or proceeding\nby or on behalf of such holders are fully met and discharged. The\nauthority is authorized to include this pledge and agreement of the\nstate in any agreement with bondholders.\n
N.Y. PBA Law § 2490-N — New York Code / Act PBA / Article 8 / Title 21 / Section 2490-N
Exemption from taxes, assessments and certain fees
Status: in_force

§ 2490-n. Exemption from taxes, assessments and certain fees. 1. It is\nhereby determined that the creation of the authority and the carrying\nout of its corporate purposes is in all respects for the benefit of the\npeople of the state and is a public purpose and the authority shall be\nregarded as performing a governmental function in the exercise of the\npowers conferred upon it by this title and shall not be required to pay\nany taxes or assessments upon any property owned by it or under its\njurisdiction, control or supervision or upon its activities, or any\nfiling, recording or transfer fees or taxes in relation to instruments\nfiled, recorded or transferred by it or on its behalf. The construction,\nuse, occupation or possession of any property owned by the authority,\nincluding improvements thereon, by any person or public corporation\nunder a lease, lease and sublease or any other agreement shall not\noperate to abrogate or limit the foregoing exemption, notwithstanding\nthat the lessee, user, occupant or person in possession shall claim\nownership for federal income tax purposes. The authority shall be deemed\na public authority for the purposes of section four hundred twelve of\nthe real property tax law.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom as well as the property of the authority shall be exempt from\ntaxes, except for transfer and estate taxes. The state hereby covenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds issued by the authority pursuant to this title, in consideration\nof the acceptance of and payment for the bonds, that the bonds of the\nauthority issued pursuant to this title and the income therefrom and all\nrevenues, moneys, and other property pledged to secure the payment of\nsuch bonds shall at all times be free from taxation, except for transfer\nand estate taxes.\n
N.Y. ENV Law § 11-2117 — New York Code / Act ENV / Article 11 / Title 21 / Section 11-2117
Damage to property, livestock or domestic fowl by hunters and fishermen
Status: in_force

§ 11-2117. Damage to property, livestock or domestic fowl by hunters and\n             fishermen.\n  No person, for the purpose of or while hunting, trapping or fishing,\nshall without the permission of the owner, lessee or lawful occupant\nenter upon the land of another and while thereon kill or injure any dog,\nlivestock or domestic fowl, or cut, destroy or damage any bars, gates or\nfence or any part thereof, or deface or damage any vehicle, farm\nequipment, buildings or appurtenances to the land, resulting in damage\nto the owner or occupant of the land or of the dog, livestock, domestic\nfowl, bars, gates, fences, vehicles, equipment, buildings or\nappurtenances to the land.\n
N.Y. PBA Law § 1621-L — New York Code / Act PBA / Article 7 / Title 21 / Section 1621-L
State and city not liable on bonds
Status: in_force

* § 1621-l. State and city not liable on bonds. The bonds, notes and\nother obligations of the authority shall not be a debt of the state of\nNew York or of the city, and neither the state nor the city shall be\nliable thereon, nor shall they be payable out of any funds other than\nthose of the authority.\n  * NB Repealed per § 1621-r (see chapter 597 of 2023 § 2 for specifics)\n
N.Y. ENV Law § 15-2107 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2107
General duties
Status: in_force

§ 15-2107. General duties.\n  1. Upon its organization the board may prepare a plan for the\nregulation of the flow of the river or rivers in its district. Such plan\nshall show the available and feasibile reservoir sites on such river or\nrivers, whether any reservoir now existing can be and should be enlarged\nand to what extent, the approximate number of acres of land flowed or to\nbe flowed by each reservoir, whether any of such land is owned by the\nstate and if any, how many acres, the number of acres of private land\nrequired, together with the estimated value of the land, and how many\nacres, if any, of such land are lands of the state within the forest\npreserve. Such acreage shall include such quantity of land surrounding\nthe reservoir to be created or enlarged as would in the judgment of the\nboard be required for the protection, maintenance and operation of such\nreservoir. The plan shall be accompanied by such maps, profiles and\nother data and descriptions as may be necessary to set forth properly\nthe location and character of the work and of the property to be taken\nor damaged, and by estimates of cost of each such reservoir. In case\nmaps, plans and specifications for any such reservoir at or near the\nsite thereof, are on file in the office of the department, and in case\nany records in any other department of the state government would be an\naid in the preparation of such plans, these shall be available to the\nboard for such purpose.\n  2. Upon the completion of such plan if the board approves of such plan\nit shall certify it to the department for its approval, and the\ndepartment within forty days thereafter may approve the same, or modify\nit and approve it as so modified. As so approved by the department it\nshall be known as the "official plan" for the regulation of the flow of\nthe river or rivers of the district. Copies thereof shall be filed in\nthe offices of the board, the department, and of the county clerk of\neach county wholly or partly within the district. Such plan in like\nmanner may be altered from time to time provided such alteration shall\nnot affect any assessment already made.\n
N.Y. ENV Law § 15-2111 — New York Code / Act ENV / Article 15 / Title 21 / Section 15-2111
Acquisition of real estate
Status: in_force

§ 15-2111. Acquisition of real estate.\n  1. The board on behalf of such district shall, subject to the\nlimitations herein contained, have the right to condemn for the use of\nthe district any real estate which is determined to be necessary for the\npurpose of carrying out any of the provisions of title 21 of this\narticle. It may acquire title to such real estate by agreement with the\nowner thereof and upon payment therefor of the amount of compensation to\nbe paid such owner.\n  2. Lands of the state outside of the forest preserve, not used by\ncanals of the state, may be used for the purposes of title 21 of this\narticle.  Not exceeding three per centum of the lands of the state, not\nowned or hereafter acquired, constituting the forest preserve as now\nfixed by law, may be used for the construction and maintenance of\nreservoirs for the purpose of title 21 of this article.\n  3. If any real estate belonging to any county, city, town, village or\nschool district is required for the purposes of title 21 of this\narticle, the county legislative body for such county, the mayor and\ncommon council or governing body for such city, the town board for such\ntown, the village board for such village, the trustees or board of\neducation of any school district for such district, or any persons, body\nor bodies, having a like power, acting for such public corporation may\ngrant or surrender such real estate for such compensation as may be\nagreed upon by such official representatives and the board. The\ncompensation agreed upon as thus provided shall be paid to the fiscal\nofficer of the public corporation or the person or persons from whom\nsuch real estate is acquired.\n  4. Title to any such real estate owned by any infant or incompetent\nperson may be acquired on behalf of the board in the same manner as\nprovided by law with respect to the sale, mortgage or lease of real\nproperty of such infant or incompetent person upon such terms as the\nSupreme Court or the County Court of the county in which such real\nestate is situated may provide, and for such purpose jurisdiction is\nhereby conferred upon such courts.\n  5. If the board cannot agree with the owners upon the compensation and\ndamages to be paid for the real estate so taken, it shall thereupon\nserve upon such owners a notice as hereinafter provided that the real\nestate described therein has been acquired by the board for the purposes\nof title 21 of this article, and shall proceed to acquire title thereto\nunder the provisions of the eminent domain procedure law.\n  6. If any real property, owned by a corporation having by law the\npower to exercise the right of eminent domain, is taken under the\neminent domain procedure law, the board shall have no right to enter\nupon and take possession of any such real estate until the owner thereof\nshall have been paid or tendered the amount due under the final order\nand judgment in such proceedings with interest.\n  7. If any such payments are made directly by the board, the amount so\npaid shall be refunded to the board out of the general funds of the\ndistrict as provided in subdivision 7 of section 15-2119.\n  8. Title to all real estate acquired pursuant to the provisions of\ntitle 21 of this article except where this expressly provides otherwise,\nshall be taken in the name of the State of New York, and when so taken\nshall be deemed to be taken for a public use.\n  9. All real estate acquired or taken pursuant to the provisions of\ntitle 21 of this article is hereby dedicated to the use and purposes for\nwhich it is so taken, and the right, title and interest acquired by the\nstate therein is so acquired subject to such use and purposes.\n
N.Y. PBA Law § 2490-O — New York Code / Act PBA / Article 8 / Title 21 / Section 2490-O
Actions against authority
Status: in_force

§ 2490-o. Actions against authority. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the authority for personal injury or damage to real\nor personal property alleged to have been sustained by reason of the\nnegligence or wrongful act of the authority or of any member, officer,\nagent or employee thereof, unless:\n  (a) Notice of claim shall have been made and served upon the authority\nwithin the time limit by and in compliance with section fifty-e of the\ngeneral municipal law;\n  (b) It shall appear by and as an allegation in the complaint or moving\npapers that at least thirty days have elapsed since the service of such\nnotice and that adjustment or payment thereof has been neglected or\nrefused;\n  (c) The action or special proceeding shall be commenced within one\nyear and ninety days after the happening of the event upon which the\nclaim is based; and\n  (d) An action against the authority for wrongful death shall be\ncommenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter.\n  2. Wherever a notice of claim is served upon the authority it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is made\nin accordance with the provisions of section fifty-h of the general\nmunicipal law.\n  3. The authority may require any person presenting for settlement an\naccount or claim for any cause whatever against the authority to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose concerning such account or\nclaim and when so sworn, to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section five thousand four of the civil practice law\nand rules. Interest on payments of principal or interest on any bonds in\ndefault shall accrue at the rate borne by such bonds from the due date\nthereof until paid or otherwise satisfied.\n
N.Y. ENV Law § 11-2106 — New York Code / Act ENV / Article 11 / Title 21 / Section 11-2106
National Wildlife refuge system; regulations
Status: in_force

§ 11-2106. National Wildlife refuge system; regulations.\n  The department shall adopt regulations in relation to fish and\nwildlife on lands of the national wildlife refuge system within this\nstate which regulations shall conform to the National Wildlife Refuge\nSystem Administration Act of 1966 (16 U.S.C. 668dd, 668ee), as presently\nconstituted or as hereafter amended, and regulations of the Secretary of\nthe Interior adopted pursuant thereto.\n