N.Y. ENV Law § 15-2907 — New York Code / Act ENV / Article 15 / Title 29 / Section 15-2907
Water resources management strategy; development purpose
Status: in_force

§ 15-2907. Water resources management strategy; development purpose.\n  Not later than January first, nineteen hundred eighty-seven, the\ndepartment of environmental conservation, with the participation of the\ndepartment of health and whenever possible, regional planning and\ndevelopment boards, shall develop and submit a complete statewide water\nresources management strategy to the water resources planning council\nfor its review and adoption. This strategy shall be composed of substate\nwater resources management strategies which recognize the natural\nboundaries of the water resource basins, watersheds, and aquifers and\nexisting significant deficiencies of water supply, and which organize\nthese in the most practical and manageable manner. Each substate\nmanagement strategy shall analyze the present and future demographic,\nnatural resource, economic development, water quality, and conservation\nrequirements of public and private water systems and develop regional\nmanagement strategies to meet the water resources requirements of\nresidential, agricultural, industrial and commercial users as well as\nassure the highest possible quality and quantity of these resources.\n  Strategies shall analyze the efficiency and capacity of existing water\nsupply sources and facilities and shall contain recommendations for\nappropriate modifications, restoration, and expansion or development of\nnew sources or facilities. Such strategies shall also include\nevaluations and recommendations as to the feasibility of including\nhydroelectric energy generation facilities as part of the modifications,\nrestoration, and expansion or development of new or existing resources\nor facilities. The strategy shall also contain recommendations regarding\nimplementation of these strategies by the department of health, the\ndepartment of environmental conservation, other appropriate state\nagencies, local governments and special districts. In addition, the\ndepartments shall submit to the council substate water resources\nmanagement strategies as soon as such strategies are developed. The\ndepartments shall also report regularly to the council on the\ndevelopment of the strategies and receive the council's recommendations\nand directions. Such substate strategies shall also be available for\npublic inspection as soon as such strategies are developed.\n
N.Y. PBA Law § 2717 — New York Code / Act PBA / Article 8 / Title 29 / Section 2717
Actions against the authority; court proceedings; preferences; venue
Status: in_force

§ 2717. Actions against the authority; court proceedings; preferences;\nvenue. 1. In any case founded upon death, personal injury, property\ndamage or tort a notice of claim shall be required as a condition\nprecedent to the commencement of an action or special proceeding against\nthe authority or any member, officer, appointee or employee thereof, and\nthe provisions of section fifty-e of the general municipal law shall\ngovern the giving of such notice. No action or proceeding of any kind\nshall be commenced (i) prior to the expiration of thirty days from the\ndate on which the demand, claim or claims upon which the action is\nfounded were presented to a member of the authority or other officer\nthereof designated for such purpose nor (ii) more than one year and\nninety days after the cause of action therefor shall have accrued,\nexcept that 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. Any action or proceeding to which the authority or the people of\nthe state may be parties, in which any question arises as to the\nvalidity of this title, shall be preferred over all other civil causes\nof action or cases except election causes of action or cases in all\ncourts of the state and shall be heard and determined in preference to\nall other civil business pending therein except election causes,\nirrespective of position on the calendar. The same preference shall be\ngranted upon application of the authority or its counsel in any action\nor proceeding questioning the validity of this title in which the\nauthority may be allowed to intervene. The venue of any such action or\nproceeding shall be laid in the supreme court of the county in which the\nprincipal office of the authority is located.\n
N.Y. PBA Law § 2700 — New York Code / Act PBA / Article 8 / Title 29 / Section 2700
Short title
Status: in_force

§ 2700. Short title. This title shall be known and may be cited as the\n"development authority of the north country act".\n
N.Y. PBA Law § 2716 — New York Code / Act PBA / Article 8 / Title 29 / Section 2716
Remedies of holders of bonds
Status: in_force

§ 2716. Remedies of holders of bonds. 1. In the event that the\nauthority shall default in the payment of principal of or interest on\nany issue of bonds after the same shall become due, whether at maturity\nor upon call for redemption, and such default shall continue for a\nperiod of thirty days, or in the event that the authority shall fail or\nrefuse to comply with the provisions of this title, or shall default in\nany agreement made with the holders of any issue of bonds, the holders\nof twenty-five per centum in aggregate principal amount of the bonds of\nsuch issue then outstanding, by instrument or instruments filed in the\noffice of the clerk of the county in which the principal office of the\nauthority is located, and proved or acknowledged in the same manner as a\ndeed to be recorded, may appoint a trustee to represent the holders of\nsuch bonds for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name:\n  (a) by suit, action or proceeding in accordance with the civil\npractice law and rules, enforce all rights of the holders of the\nauthority's bonds, including the right to require the authority to\ncollect fees and charges and interest adequate to carry out any\nagreement as to, or pledge or assignment of or lien upon, such fees and\ncharges and interest, on properties and to require the authority to\ncarry out any other agreements with the holders of such bonds and to\nperform its duties under this title;\n  (b) bring suit upon such bonds;\n  (c) by action or suit, require the authority to account as if it were\nthe trustee of an express trust for the holders of such bonds;\n  (d) by action or suit, enjoin any acts or things which may be unlawful\nor in violation of the rights of the holders of such bonds;\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then, with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of the holders of the authority's bonds in the\nenforcement and protection of their rights.\n  4. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of such holders of the authority's\nbonds. The venue of any such suit, action or proceeding shall be laid in\nthe county in which the principal office of the authority is located.\n
N.Y. PBA Law § 2702 — New York Code / Act PBA / Article 8 / Title 29 / Section 2702
Definitions
Status: in_force

§ 2702. Definitions. As used in this title, the following words and\nterms shall have the following meanings unless the context indicates\nanother or different meaning or intent:\n  1. "Authority" shall mean the public benefit corporation created by\nsection twenty-seven hundred three of this title, known as the\ndevelopment authority of the north country.\n  2. "Bonds" shall means the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title and the\nprovisions of this title relating to bonds and bondholders shall apply\nwith equal force and effect to notes and noteholders, respectively,\nunless the context otherwise clearly requires.\n  3. "Construction" shall mean the acquisition, erection, building,\nalteration, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of any project financed\nunder the provisions of this title; the inspection and supervision\nthereof; and the engineering, architectural, legal, fiscal and economic\ninvestigations and studies, surveys, designs, plans, working drawings,\nspecifications, procedures and other actions preliminary or incidental\nthereto.\n  4. "Cost" as applied to a project or any portion thereof financed\nunder the provisions of this title embraces all or any part of the cost\nof construction and acquisition of all lands, structures, real or\npersonal property, rights, rights-of-way, franchises, easements and\ninterests acquired or used for a project, the cost of demolishing or\nremoving any buildings or structures on land so acquired, including the\ncosts of relocating tenants or other occupants of the building or\nstructures on such land and the cost of acquiring any lands to which\nsuch buildings or structures may be moved, the cost of all machinery and\nequipment, financing charges, interest, reserves for principal and\ninterest and for extensions, enlargements, additions, replacements,\nrenovations and improvements, cost of engineering, financial and legal\nservices, plans, specifications, studies, surveys, estimates of cost and\nof revenues, administrative expenses, expenses necessary or incident to\ndetermining the feasibility or practicability of constructing the\nproject and such other expenses as may be necessary or incident to the\nconstruction and acquisition of the project, the financing of such\nconstruction and acquisition and the placing of the project in\noperation, including all costs relating to the refinancing or\nsatisfaction of existing indebtedness; and any reimbursements to any\nmunicipality, state agency, the state, the United States or any other\nperson or public corporation for expenditures that would be costs of any\nproject hereunder had they been made directly by the authority.\n  5. "Existing sewer system" shall mean all sewers, including, without\nlimitation, trunk, intercepting, connecting, lateral and other sewers,\nstorm water drains, pumping stations, disposal or treatment plants or\nworks, structures, appliances, equipment and other adjuncts thereto,\ncomprising the portion of the system of sewerage owned by any\nparticipating county or municipality within a participating county, as\ndelineated on a map filed by the governing body of such county or\nmunicipality with the secretary of the state of New York pursuant to\nthis title.\n  6. "Municipality" shall mean any county, city, town, village, refuse\ndistrict under the county law, improvement district under the town law,\nany other such instrumentality, including any agency, authority or\npublic corporation of the state, or any of the foregoing, or any\ncombination thereof.\n  7. "Participating counties" shall mean the counties of Jefferson, St.\nLawrence and Lewis.\n  8. "Person" shall mean any natural person, partnership, association,\njoint venture or corporation, exclusive of a public corporation.\n  9. "Project" shall mean a sewerage facility, solid waste management\nfacility, water facility, or any portion of which, the planning,\ndevelopment, financing, acquisition, construction, operation or\nmaintenance is authorized to be undertaken in whole or in part by the\nauthority pursuant to this title.\n  10. "Real property" shall mean lands, structures, improvements\nfranchises and interests in land, including lands under water,\nwaterfront property, marginal streets and riparian rights, space rights\nand air rights and any and all other things and rights usually included\nwithin said term and any fixtures, equipment and articles of personal\nproperty affixed to or used in connection therewith. Real property shall\nalso mean and include any and all interests in such property less than\nfull title, such as easements, incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms for years\nand liens thereon by way of judgments, mortgages or otherwise, and also\nall claims for damages for such real estate.\n  11. "Resource recovery" shall mean the separation, extraction or\nrecovery of usable materials, energy or heat from solid waste through\nsource separation, incineration, recycling centers or other programs,\nprojects or facilities.\n  12. "Revenues" shall mean all rates, fees, rents, charges and other\nincome derived by the authority from its operations.\n  13. "Sewerage facility" shall mean a system of trunk, intercepting and\nconnecting, lateral and outlet sewers, storm water drains, pumping and\nventilating stations, disposal or treatment plants or works, and other\nappliances and structures, which in the judgment of the authority will\nprovide an effectual and advantageous means for relieving the\nparticipating counties and municipalities within the participating\ncounties from pollution created by the sewage and waste and relieving\nthe participating counties and municipalities within the participating\ncounties from inadequate sanitary and storm water drainage by providing\nfor the sanitary disposal or treatment of the sewage thereof, or such\nsections or parts of such systems as the authority may from time to time\ndeem it proper or convenient to construct, consistent with purpose of\nthis title.\n  14. "Solid waste" shall mean all putrescible and non-putrescible solid\nwastes, including, but not limited to, materials or substances discarded\nor rejected, whether as being spent, useless, worthless or in excess to\nthe owners at the time of such discard or rejection or for any other\nreason, is being accumulated, stored, or physically, chemically or\nbiologically treated prior to being discarded, has served its intended\nuse, or is a manufacturing or mining by-product, including, but not\nlimited to, garbage, refuse, and other discarded solid materials,\nincluding solid waste materials resulting from industrial, commercial,\nmining and agricultural operations and from community activities,\nsludges from air or water pollution control facilities or water supply\ntreatment facilities, rubbish, ashes, contained gaseous material,\nincinerator residue, demolition and construction debris and offal, but\nnot including sewage and other highly diluted water-carried materials or\nsubstances and those in gaseous form, special nuclear or by-product\nmaterial within the meaning of the Atomic Energy Act of 1954, as\namended, and waste which appears on the list of hazardous waste\npromulgated by the commissioner of environmental conservation pursuant\nto section 27-0903 of the environmental conservation law.\n  15. "Solid waste management facility" shall mean any facility, plant,\nworks, system, building, structure, improvement, machinery, equipment,\nfixture or other real or personal property which is to be used, occupied\nor employed for or is incidental to the collecting, receiving,\ntransporting, storage, processing, or disposal of solid waste or the\nrecovery by any means of any material or energy product or resource\ntherefrom including, but not limited to, recycling centers, transfer\nstations, shredding or baling facilities, rail haul or maritime\nfacilities, collection vehicles, processing systems, resource recovery\nfacilities, steam and electric generating and transmission facilities,\nincluding auxiliary facilities to supplement or temporarily replace such\ngenerating facilities, steam distribution facilities, sanitary\nlandfills, leachate treatment facilities, plants and facilities for\ncompacting, composting or pyrolization of solid wastes, secure land\nburial facilities, landspreading facilities, surface impoundments and\nwaste oil storage, reprocessing and refining facilities, incinerators\nand other solid waste disposal, reduction or conversion facilities, and\n"resource recovery equipment" and "disposal equipment" as such terms are\ndefined in subdivisions four and five of section 51-0903 of the\nenvironmental conservation law. Any such facility producing either\nelectricity or shaft horsepower and useful thermal energy shall\nconstitute a co-generation facility as defined in subdivision two-a of\nsection two of the public service law.\n  16. "Source separation" shall mean the segregation of recyclable\nmaterials from the solid waste stream at the point of generation for\nseparate collection, sale or other disposition.\n  17. "State" shall mean the state of New York.\n  18. "United States" shall mean the United States of America or any\ndepartment, agency or instrumentality thereof acting on behalf of the\nUnited States of America.\n  19. "Water facility" shall mean any water supply or distribution\nsystem or systems, including any plants, works, instrumentalities or\nparts thereof and appurtenances thereto, lands, easements, rights in\nland and water rights, right-of-way, contract rights, franchises,\napproaches, connections, dams, reservoirs, water mains and pipe lines,\npumping stations and equipment, or any other property incidental to and\nincluded in such system or part thereof, and any improvements,\nextensions and betterments.\n  20. "Community facility" shall mean any facility in the participating\ncounties that provides for the health, education and welfare of the\nresidents of the region within such participating counties, including\nbut not limited to medical facilities, housing facilities, educational\nfacilities, transportation facilities, municipal service facilities, and\ncultural and social facilities.\n
N.Y. ENV Law § 71-2905 — New York Code / Act ENV / Article 71 / Title 29 / Section 71-2905
Immunity of witnesses
Status: in_force

§ 71-2905. Immunity of witnesses.\n  In any investigation, hearing or inquiry, conducted pursuant to\narticle 33 of this chapter or this title or the rules of the department\nmade pursuant thereto, the commissioner, or his deputy or other officer\npresiding at such investigation, hearing or inquiry, may confer immunity\nin accordance with the provisions of section 50.20 of the criminal\nprocedure law.\n
N.Y. PBA Law § 2715 — New York Code / Act PBA / Article 8 / Title 29 / Section 2715
Agreement of the state
Status: in_force

§ 2715. Agreement of the state. The participating counties and any\nmunicipalities within their boundaries are authorized to and the state\ndoes hereby pledge to and agree with the owners of any bonds issued by\nthe authority, that they will not limit or alter the rights hereby\nvested in the authority to fulfill the terms of any agreements made with\nthe holders thereof, or in any way impair the rights and remedies of\nsuch holders until such bonds, together with the interest thereon, with\ninterest on any unpaid installments of interest, and all costs and\nexpenses in connection with any action or proceeding by or on behalf of\nsuch holders, are fully met and discharged. The authority is authorized\nto include this pledge and agreement of the state in any agreement with\nthe holders of such bonds.\n
N.Y. ENV Law § 71-2913 — New York Code / Act ENV / Article 71 / Title 29 / Section 71-2913
Act of officer or agent deemed act of principal
Status: in_force

§ 71-2913. Act of officer or agent deemed act of principal.\n  In construing and enforcing the provisions of article 33 of this\nchapter or this title relating to penalties, the act of a director,\nofficer, agent or other person acting for or employed by a person,\nassociation or corporation subject to the provisions of article 33 of\nthis chapter or this title and acting within the scope of his\nemployment, shall be deemed the act of such person, association or\ncorporation.\n
N.Y. ENV Law § 27-2901 — New York Code / Act ENV / Article 27 / Title 29 / Section 27-2901
Definitions
Status: in_force

* § 27-2901. Definitions.\n  1. "Collection program" means a system for the collection,\ntransportation, recycling, and disposal of out-of-service mercury\nthermostats that is financed and managed or provided by a thermostat\nmanufacturer individually or collectively with other thermostat\nmanufacturers in accordance with this section.\n  2. "Mercury thermostat" means a product or device that uses a mercury\nswitch to sense and control room temperature through communication with\nheating, ventilation, or air-conditioning equipment and includes\nthermostats used to sense and control room temperature in residential,\ncommercial, industrial and other buildings but does not include a\nthermostat used to sense and control temperature as part of a\nmanufacturing process.\n  3. "Out-of-service mercury thermostat" means a mercury thermostat that\nis removed, replaced or otherwise taken out of service.\n  4. "Qualified contractor" means a person engaged in the business of\ninstallation, service or removal of heating, ventilation, and\nair-conditioning components who employs seven or more service\ntechnicians or installers.\n  5. "Qualified local government authorities" means any municipal\ncorporation or planning unit as defined in section 27-0107 of this\narticle, or county departments of health.\n  6. "Thermostat manufacturer" means a person who owns or owned a name\nbrand of one or more mercury thermostats sold in the state.\n  7. "Thermostat retailer" means a person who sells thermostats of any\nkind primarily to homeowners or other nonprofessionals through any sale\nor distribution mechanism including sales using the internet or\ncatalogs.\n  8. "Thermostat wholesaler" means a person who is engaged in the\ndistribution and wholesale selling of heating, ventilation or\nair-conditioning components, including thermostats, to contractors, and\nwhose total wholesale sales account for eighty percent or more of its\ntotal sales. A thermostat manufacturer is not, by virtue of\nmanufacturing, a thermostat wholesaler.\n  * NB Repealed January 1, 2027\n
N.Y. PBA Law § 2703 — New York Code / Act PBA / Article 8 / Title 29 / Section 2703
Development authority of the north county
Status: in_force

§ 2703. Development authority of the north county. 1. A corporation\nknown as the development authority of the north country is hereby\ncreated for the public purposes and charged with the duties and having\nthe powers provided in this title. The authority shall be a body\ncorporate and politic constituting a public benefit corporation. Its\nmembership shall consist of a board of thirteen members chosen as\nfollows: five non-voting members appointed by the governor, one of whom\nshall be upon the recommendation of the temporary president of the\nsenate, and one of whom shall be upon the recommendation of the speaker\nof the assembly; two members, who shall be residents of the county of\nJefferson, shall be appointed by the board of supervisors of such\ncounty; two members, who shall be residents of the county of Lewis,\nshall be appointed by the county legislature of such county; two members\nwho shall be residents of the county of St. Lawrence, shall be appointed\nby the county legislature of such county; and two members, who shall be\nresidents of the city of Watertown, shall be appointed by the common\ncouncil of the city of Watertown. The local governing bodies of each of\nthe participating counties and the city of Watertown shall adopt\nresolutions providing for the appointments of such members and shall\ntransmit copies of such resolutions to the governor, the temporary\npresident of the senate and the speaker of the assembly before such\nmembers take office. The first members of the authority shall be\nappointed for the following terms from the effective date of their\nappointment: one member to be appointed by the county legislatures of\neach of the counties of Lewis and St. Lawrence, the two members\nappointed by the governor upon the recommendation of the temporary\npresident of the senate and the speaker of the assembly and one member\nto be appointed by the common council of the city of Watertown for a\nterm of four years; one member to be appointed by the board of\nsupervisors or county legislature of each of the counties of Lewis,\nJefferson and St. Lawrence, and three members appointed by the governor\nfor a term of two years; one member to be appointed by the board of\nsupervisors of the county of Jefferson and one member to be appointed by\nthe common council of the city of Watertown for a term of two years. The\nvoting members of the authority shall choose from their number a\nchairman by majority vote of such members then in office. Each member\nshall continue in office until such member's successor has been\nappointed and qualifies. Each appointment following the expiration of\nthe original terms of appointment shall be for a term of four years. In\nthe event of a vacancy occurring in the office of any member, other than\nby the expiration of a member's term, such vacancy shall be filled for\nthe balance of the unexpired term, if applicable, in the same manner as\nthe original appointment.\n  2. The powers of the authority shall be vested in the voting members\nthereof in office from time to time and a majority of voting members and\na majority of non-voting members shall constitute a quorum at any\nmeeting of the authority. In cases of a tie vote, the chairman shall\ncast an additional vote. No vacancy in the membership of the authority\nshall impair the right of such members to exercise all the rights and\nperform all the duties of the authority. Any action taken by the\nauthority under the provisions of this title may be authorized at a\nmeeting of the authority by resolution approved by a majority of the\ntotal number of voting members then in office, which resolution shall\ntake effect immediately, or, unless inconsistent with the provisions of\narticle seven of the public officers law, any action may be taken by a\nresolution circulated or sent to each member of the authority, which\nshall take effect at such time as all of the voting members then in\noffice shall have signed an assent to such resolution and such assents\nare filed with the minutes of the proceedings. Any non-voting member who\nserves as an officer or employee of the state, or any political\nsubdivision thereof, shall be entitled to designate a representative to\nattend, in his or her place, meetings of the board and to act in his or\nher behalf. Written notice of such designation shall be furnished to the\nboard by the designating member prior to any meeting attended by his\nrepresentative. Any representative shall serve at the pleasure of the\ndesignating member. No representative shall be authorized to delegate\nany of his duties or functions to any other person. The authority may\ndelegate by resolution to one or more of its members, officers, agents\nand employees such powers and duties as the voting members may deem\nproper.\n  3. The members of the authority shall serve without salary or other\ncompensation but each member shall be entitled to reimbursement for\nactual and necessary expenses incurred by such member in the performance\nof the official duties as a member.\n  4. Subject to the provisions of this subdivision, members of the\nauthority may engage in private employment, or in a profession or\nbusiness. The members, officers and employees of the authority shall be\ndeemed to be state officers or employees and the authority shall be\ndeemed to be a state agency solely for the purposes of sections\nseventy-three and seventy-four of the public officers law, which\nsections are hereby made applicable to the authority and its members,\nofficers and employees.\n  5. Notwithstanding any inconsistent provisions of this or any other\nlaw, general, special or local, no officer or employee of the state, or\nof any political subdivision thereof, shall be deemed to have forfeited\nor shall forfeit any public office or employment by reason of such\nperson's acceptance of a membership on the authority; provided, however,\na member who holds such other public office or employment shall receive\nno additional compensation or allowance for services rendered pursuant\nto this title, but shall be entitled to reimbursement for the actual and\nnecessary expenses incurred in the performance of such services.\n  6. A member may be removed from office by the board for inefficiency,\nneglect of duty, conflict of interest or misconduct in office after the\nauthority has given such member a copy of the charges against him or her\nand an opportunity to be heard in person, or by counsel in his defense,\nupon not less than ten days notice. If any member shall be so removed,\nthere shall be filed with the chairman of the authority a complete\nstatement of the charges made against such member and the finding of\nsuch board thereon, together with a complete record of the proceeding.\n  7. The authority and its corporate existence shall continue until\nterminated by law, provided, however, that no such law shall take effect\nso long as the authority shall have bonds, notes or other obligations\noutstanding, unless adequate provision has been made for the payment\nthereof. Upon termination of the existence of the authority, all of the\nrights and properties of the authority then remaining shall pass to and\nbe vested in the counties in accordance with such law.\n
N.Y. PBA Law § 2709 — New York Code / Act PBA / Article 8 / Title 29 / Section 2709
Special powers with regard to sewerage facilities
Status: in_force

§ 2709. Special powers with regard to sewerage facilities. The\nauthority shall have power:\n  1. to acquire, construct, purchase or lease, in the name of the\nauthority, any sewerage facility, sewer system, including plants, works,\ninstrumentalities or parts thereof and appurtenances thereto, lands,\neasements, rights in land and water rights, rights-of-way, contract\nrights, franchises, approaches, connections and pipe lines, pumping\nstations and equipment or any other property incidental to and included\nin such sewerage facility system or part thereof, and any improvements,\nextensions and betterments, situated within the participating counties\nfor the purpose providing adequate sanitary and storm water drainage to\nusers, including the United States, within the participating counties;\nand as a means of so acquiring for such purposes, the authority may\npurchase all of the assets of any existing privately owned sewerage\ncorporation or company;\n  2. to have and take ownership, jurisdiction, control, possession and\nsupervision of any existing sewer system and any sewer facility\nfinanced, constructed or acquired pursuant to this title; to maintain,\noperate, reconstruct and improve the same as a comprehensive sewerage\nsystem and to make additions, betterments and extensions thereto, and to\nhave all the rights, privileges and jurisdiction necessary or proper for\ncarrying such power into execution. No enumeration of powers in this or\nany other general, special or local law shall operate to restrict the\nmeaning of this general grant of power or to exclude other powers\ncomprehended within this general grant;\n  3. to dispose of the sewage and waste of all persons, public\ncorporations, the state, and the United States in the participating\ncounties;\n  4. upon the filing by the governing body of any municipality within a\nparticipating county with the secretary of state of the state of New\nYork, of its certificate delineating the existing sewer system and such\nmunicipality's intention and desire to transfer the existing sewer\nsystem to the authority, thereupon, and by virtue of this title, the\nexisting sewer system, together with all contracts, books, maps, plans,\npapers and records of whatever description pertaining to subjects or\nmatters relating to the design, construction, operation and affairs of\nthe existing sewer system shall be assigned, transferred and dedicated\nto the use of and be in the possession of and under the jurisdiction,\ncontrol and supervision of the authority and the authority is empowered\nto take possession thereof for its uses and purposes. The authority\nshall thereafter have complete jurisdiction, control, possession and\nsupervision of the existing sewer system and of all the facilities in\nthe municipality for the disposal of sewerage and storm water, and shall\ncontinue to exercise such power for a period not to exceed thirty years\nas contained in such certificate and so long thereafter as any of the\nbonds and liabilities of the authority shall remain unpaid or shall not\nhave otherwise been discharged. When all of the bonds and liabilities of\nthe authority shall have been paid in full or shall have otherwise been\ndischarged and the authority shall have ceased to exist, the powers,\njurisdiction and duty of the authority shall cease and the property and\nassets acquired or held by it pursuant to this section, together with\nany additions within the boundaries of such municipality shall\nthereafter become the property of, and shall be under the jurisdiction,\ncontrol, possession and supervision of such municipality;\n  5. to establish a schedule of rates, rentals or charges, to be called\n"sewer rents," to be collected from all real property served by its\nsewerage facilities, and to prescribe the manner in which and the time\nat which such sewer rents are to be paid, provided that in no event\nshall the authority collect rents within any city within a participating\ncounty, and to change such schedule from time to time as may be deemed\nadvisable. Such sewer rents may be determined by the authority on any\nequitable basis. Prior to the final adoption or modification of such\nschedule of sewer rents, the authority shall adopt a proposed schedule\nof such sewer rents and publish notice thereof once a week for three\nsuccessive weeks in each participating county served by the authority's\nsewer facilities. The notice so published shall be dated as of the date\nof first publication thereof and shall state that the proposed schedule\nof sewer rents will remain open for inspection in the office of the\nauthority for thirty days from the date of such notice, and that\nobjections thereto may be filed during said period with the authority by\nany person conceiving himself aggrieved thereby. The authority shall\nhear and examine any such complaints and may modify the proposed\nschedule and shall adopt a final schedule of sewer rents within sixty\ndays after the date of said notice. The schedule of sewer rents so\nadopted shall thereafter be the sewer rents to be charged all real\nproperty served by the sewer facilities of the authority. From and after\nthe due date thereof, such sewer rents shall constitute a lien upon the\nreal property served by the facilities. In the event that any such sewer\nrent shall remain unpaid for a period of ninety days, the authority, or\nfor property within any city within a participating county, such city,\nmay bring and maintain an action in the supreme court for the\nforeclosure of such lien;\n  6. to adopt regulations in accordance with law providing that the\nauthority shall shut off the supply of water to any premises upon which\nsewer rents have not been paid until the sewer rents are paid, together\nwith provision for an equitable charge for restoring water service to\nsaid premises.\n
N.Y. PBA Law § 2712 — New York Code / Act PBA / Article 8 / Title 29 / Section 2712
Bonds as legal investments
Status: in_force

§ 2712. Bonds as legal investments. The bonds of the authority are\nhereby made securities in which all public officers and bodies of this\nstate and 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, all administrators, guardians, executors, trustees and\nother fiduciaries, and all other persons whatsoever who are now or may\nhereafter be authorized to invest in bonds or other obligations of the\nstate, may properly and legally invest funds, including capital, in\ntheir control or belonging to them. The bonds are also hereby made\nsecurities which may be deposited with and may be received by all public\nofficers and bodies of this state and all municipalities and municipal\nsubdivisions for any purpose for which the deposit of bonds of this\nstate is now or may hereafter be authorized.\n
N.Y. PBA Law § 2724 — New York Code / Act PBA / Article 8 / Title 29 / Section 2724
Separability
Status: in_force

§ 2724. Separability. If any clause, sentence, paragraph, action or\npart of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section or part thereof involved in\nthe controversy in which such judgment shall have been rendered.\n
N.Y. ENV Law § 71-2907 — New York Code / Act ENV / Article 71 / Title 29 / Section 71-2907
Sanctions
Status: in_force

§ 71-2907. Sanctions.\n  1. Administrative sanctions. Except as otherwise provided in this\nsubdivision, any person who violates any provision of article 33 of this\nchapter or any rule, regulation or order issued thereunder or commits\nany offense described in section 33-1301 of this chapter shall be liable\nto the people of the state for a civil penalty not to exceed five\nthousand dollars for a first violation, and not to exceed ten thousand\ndollars for a subsequent offense, to be assessed by the commissioner\nafter a hearing or opportunity to be heard. Notwithstanding any\nprovision of law to the contrary, an owner or owner's agent of a\nmultiple dwelling or owner, owner's agent or a person in a position of\nauthority for all other types of premises, as such terms are defined in\nparagraph d of subdivision five of section 33-0905 of this chapter, who\nviolates any provision of a local law adopted pursuant to subdivision\none of section 33-1004 of this chapter relating to paragraph b of such\nsubdivision, and a person, who violates any provision of a local law\nadopted pursuant to subdivision one of section 33-1004 of this chapter\nrelating to paragraph c of such subdivision, and a person who violates\nthe provisions of subdivision three of section three hundred ninety-c of\nthe social services law shall, for a first such violation, in lieu of a\npenalty, be issued a written warning and shall also be issued\neducational materials pursuant to subdivision two of section 33-1005 of\nthis chapter. Such person shall, however, for a second violation, be\nliable to the people of the state for a civil penalty not to exceed one\nhundred dollars, and not to exceed two hundred fifty dollars for any\nsubsequent violation, such penalties to be assessed by the commissioner\nafter a hearing or opportunity to be heard.\n  Notwithstanding any provision of law to the contrary, any person who\nviolates the provisions of a local law adopted pursuant to subdivision\none of section 33-1004 of this chapter relating to paragraph a of such\nsubdivision, shall be issued a warning for the first violation and shall\nbe provided seven days to correct such violation; and shall be liable to\nthe people of the state for a civil penalty not to exceed one hundred\ndollars for a second violation, and not to exceed two hundred fifty\ndollars for a subsequent violation, to be assessed by the commissioner\nafter a hearing or opportunity to be heard. The commissioner, acting by\nthe attorney general, may bring suit for collection of such assessed\ncivil penalty in any court of competent jurisdiction. Such civil penalty\nmay be released or compromised by the commissioner before the matter has\nbeen referred to the attorney general; and where such matter has been\nreferred to the attorney general, any such penalty may be released or\ncompromised and any action commenced to recover the same may be settled\nand discontinued by the attorney general with the consent of the\ncommissioner. Any civil penalty assessed by the commissioner under this\nsubdivision shall be reviewable in a proceeding under article 78 of the\ncivil practice law and rules.\n  2. Civil sanctions. In lieu of seeking administrative sanctions, the\ncommissioner may refer any violation described in subdivision 1 of this\nsection to the attorney general who shall be empowered to bring a civil\nsuit to seek any of the sanctions described in subdivision 1 of this\nsection. Any such sanctions imposed may be released or compromised or\nthe action may be settled and discontinued by the attorney general with\nthe consent of the commissioner.\n  3. Criminal sanctions. Any person who, having the culpable mental\nstates defined in subdivision one or two of section 15.05 or in section\n20.20 of the penal law, violates any provision of article 33 of this\nchapter or any rule, regulation thereunder or commits any offense\ndescribed in section 33-1301 of this chapter, except an offense relating\nto the application of a general use pesticide shall be guilty of a\nmisdemeanor and, upon conviction thereof, shall be punished by a fine\nnot to exceed five thousand dollars for each day during which such\nviolation continues or by imprisonment for a term of not more than one\nyear, or by both such fine and imprisonment. If the conviction is for a\nsubsequent offense committed after a first conviction of such person\nunder this subdivision, punishment shall be by a fine not to exceed ten\nthousand dollars for each day during which such violation continues or\nby imprisonment for a term of not more than one year, or by both such\nfine and imprisonment. When a violation consists of the manufacture or\nproduction of any prohibited article, each day during which or any part\nof which such manufacture or production is carried on or continued,\nshall be deemed a separate violation. Any person who violates any\nprovision of article 33 of this chapter or any rule or regulation\nthereunder or commits any offense described in section 33-1301 of this\nchapter relating to the use of a general use pesticide shall be guilty\nof a violation and, upon conviction thereof, shall be punished by a fine\nnot to exceed twenty-five hundred dollars. If the conviction is for a\nsubsequent offense committed after the first such conviction of such\nperson under this subdivision, punishment shall be by a fine not to\nexceed five thousand dollars. Prosecution hereunder may be conducted by\neither the attorney general or the district attorney consistent with\nsection 71-0403 of this article. With respect to violations of section\n33-1004 of this chapter, penalties imposed pursuant to this subdivision\nmay be assessed only against a person providing a commercial lawn\napplication.\n  4. When a violation consists of the sale, or the offering or exposing\nfor sale or exchange of any prohibited article or substance, the sale of\neach one of several packages shall constitute a separate violation, and\neach day on which any such article or substance is offered or exposed\nfor sale or exchange shall constitute a separate violation. When the use\nof any such article or substance is prohibited, each day during which or\nany part of which such article or substance is so used or furnished for\nuse, shall constitute a separate violation, and the furnishing of the\nsame for use to each person to whom the same may be furnished shall\nconstitute a separate violation. When the storage of any article is\nprohibited beyond a certain period, each day during which or any part of\nwhich any article is so stored beyond the period provided for by article\n33 of this chapter or this title shall constitute a separate violation.\n  5. This section shall not affect the rights of any other person\nseeking damages arising out of a violation.\n
N.Y. PBA Law § 2711 — New York Code / Act PBA / Article 8 / Title 29 / Section 2711
Bonds of the authority
Status: in_force

§ 2711. Bonds of the authority. 1. (a) The authority shall have power\nand is hereby authorized from time to time to issue its bonds in such\nprincipal amount as, in the opinion of the authority, shall be necessary\nto provide sufficient funds for achieving its corporate purposes,\nincluding the construction, acquisition, reconstruction, rehabilitation,\nimprovement or refinancing of projects and subject to the provision of\nthis title, any project as defined in title one of article eighteen-A of\nthe general municipal law, the payment of interest on bonds of the\nauthority, establishment of reserves to secure such bonds, and all other\nexpenditures of the authority incident to and necessary or convenient to\ncarry out its corporate purposes and powers.  In addition, the authority\nmay, in anticipation of the issuance of bonds or the receipt of\nappropriations, grants, reimbursements, revenues or other funds, issue\nnotes the principal of or interest on which or both shall be payable out\nof the proceeds of bonds of the authority or appropriations, grants,\nreimbursements, revenues or other funds of the authority. The authority\nmay also enter into bank loan agreements, lines of credit and other\nsecurity agreements and obtain for or on its behalf letters of credit in\neach case for securing its bonds or to provide direct payment of any\ncosts which the authority is authorized to pay.\n  (b) The authority shall have power, from time to time, to issue\nrenewal notes, to issue bonds or other obligations to pay notes and\nwhenever it deems refunding expedient, to refund any bonds by the\nissuance of new bonds, whether the bonds to be refunded have or have not\nmatured, and to issue bonds partly to refund bonds then outstanding and\npartly for any other purpose. The refunding bonds shall be sold and the\nproceeds applied to the purchase, redemption or payment of the bonds,\nincluding any interest thereon, to be refunded.\n  2. Except as may otherwise be expressly provided by the authority,\nevery issue of its bonds shall be general obligations of the authority\npayable out of any moneys, assets or revenues of the authority, subject\nas to priority only to any agreements with the holders of particular\nbonds theretofore or thereafter made pledging, assigning or creating a\nlien upon any particular moneys, assets or revenues. The authority may\nprovide by agreement with the holders of its bonds that such bonds shall\nbe payable solely from and secured by particular revenues and property\nof the authority.\n  3. The bonds shall be authorized by a resolution or resolutions of the\nauthority adopted as provided by this title; provided, however, that any\nsuch resolution authorizing the issuance of bonds may delegate to one or\nmore members or to an officer of the authority the power to issue such\nbonds from time to time and to fix the details of any such issue of\nbonds by an appropriate certificate of such member, members or officer.\n  4. The bonds of the authority shall bear such date or dates, mature at\nsuch time or times, bear interest at such rate or rates (simple or\ncompounded), if any, be of such denominations, be in such form, be\nexecuted in such manner, be payable in such medium of payment, at such\nplace or places within or without the state, and be subject to such\nterms of redemption prior to maturity, as may be provided by such\nresolution or resolutions or such certificate with respect to such\nbonds, as the case may be; provided, however, that no bond or other\nobligations shall mature more than forty years after the date of issue\nthereof and no notes or renewal thereof shall mature more than five\nyears after the date of issue of the original notes.\n  5. The bonds of the authority may be sold by the authority at such\nprice or prices, at public or private sale, provided that no issue of\nbonds may be sold at private sale unless the terms of such sale shall\nhave been approved in writing by (i) the state comptroller, where such\nsale is not to such comptroller, or (ii) the director of the state\ndivision of the budget, where such sale is to such comptroller, in such\nmanner and from time to time as may be determined by the authority, and\nthe authority may pay all expenses, premiums and commissions which it\nmay deem necessary or advantageous in connection with the issuance and\nsale thereof.\n  6. Whether or not the bonds are of such form and character as to be\nnegotiable instruments under the terms of the uniform commercial code,\nthe bonds are hereby made negotiable instruments within the meaning of\nand for all the purposes of the uniform commercial code, subject only to\nthe provisions of the bonds for registration.\n  7. Any resolution or resolutions authorizing any bonds or any issue\nthereof or any trust indenture or indentures relating to such bonds may\ncontain provisions, which shall be a part of the contract with the\nholders thereof, as to:\n  (a) pledging, assigning or creating a lien on all or any part of the\nrates, rentals, fees and charges made or received by the authority, and\nall or any part of the moneys received or to be received as repayment of\nloans, to secure the payment of the bonds or of any issue thereof,\nsubject to such agreement with the holders of the authority's bonds as\nmay then exist;\n  (b) pledging, assigning or creating a lien on all or any part of the\nassets of the authority, including mortgages and obligations securing\nthe same, to secure the payment of the bonds, subject to such agreements\nwith the holders of the authority's bonds as may then exist;\n  (c) the establishment and maintenance of reserves or sinking funds and\nthe regulation and disposition thereof;\n  (d) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or of any\nissue thereof;\n  (e) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\noutstanding bonds;\n  (f) the procedure, if any, by which the terms of any contract with the\nholders of bonds may be amended or abrogated, the amount of bonds the\nholders of which must consent thereto, and the manner in which such\nconsent may be given;\n  (g) limitations on the amount of moneys to be expended by the\nauthority for operating, administrative or other expenses of the\nauthority;\n  (h) the creation of special funds into which any moneys of the\nauthority may be deposited;\n  (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine, which may include any or\nall of the rights, powers and duties of the trustee appointed by the\nholders of bonds pursuant to this title, and limiting or abrogating the\nright of the holders of bonds to appoint a trustee pursuant to this\ntitle or limiting the rights, powers and duties of such trustee;\n  (j) defining the acts or omissions to act which shall constitute a\ndefault in the obligations and duties of the authority and providing for\nthe rights and remedies of the holders of bonds in the event of such\ndefault, providing, however, that such rights and remedies shall not be\ninconsistent with the general laws of this state and other provisions of\nthis title; and\n  (k) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds and the rights of the\nholders thereof.\n  8. Any pledge or assignment made or lien created by the authority\nshall be valid and binding from the time when the pledge or assignment\nis made or the lien is created; the moneys or property so pledged,\nassigned or encumbered by the authority shall immediately be subject to\nsuch pledge, assignment or lien without any physical delivery thereof or\nfurther act; and such pledge, assignment or lien shall be valid and\nbinding as against all parties having claims of any kind in tort,\ncontract or otherwise against the authority, irrespective of whether\nsuch parties have notice thereof. Neither the resolution nor any other\ninstrument by which a pledge, assignment or lien is made or created need\nbe recorded or filed.\n  9. Neither the members of the authority nor any person executing the\nbonds shall be liable personally on the bonds or be subject to any\npersonal liability or accountability by reason of the issuance thereof.\n  10. The authority, subject to such agreements with the holders of the\nauthority's bonds as may then exist, shall have power out of any funds\navailable therefor to purchase bonds of the authority.\n  11. The state shall not be liable on bonds of the authority and such\nbonds shall not be a debt of the state, and such bonds shall contain on\nthe face thereof a statement to such effect.\n
N.Y. PBA Law § 2713 — New York Code / Act PBA / Article 8 / Title 29 / Section 2713
Exemption from taxation of bonds
Status: in_force

§ 2713. Exemption from taxation of bonds. It is hereby determined that\nthe creation of the authority is in all respects for the benefit of the\npeople of the state and for the improvement of their health, safety,\nwelfare, comfort and security, and that said purposes are public\npurposes and that the authority will be performing an essential\ngovernmental function in the exercise of the powers conferred upon it by\nthis title. The state covenants with the purchasers and all subsequent\nholders and transferees of bonds issued by the authority, in\nconsideration of the acceptance of and payment for the bonds, that the\nbonds of the authority, issued pursuant to this title and the income\ntherefrom and all its fees, charges, gifts, grants, revenues, receipts,\nand other moneys received or to be received, pledged to pay or secure\nthe payment of such bonds shall at all times be free from taxation\nexcept for estate or gift taxes and taxes on transfers.\n
N.Y. PBA Law § 2720 — New York Code / Act PBA / Article 8 / Title 29 / Section 2720
Assistance by state officers, departments, boards and commissions
Status: in_force

§ 2720. Assistance by state officers, departments, boards and\ncommissions. The department of audit and control, department of law, and\nall other state officers, agencies, departments, boards, divisions and\ncommissions may render such services to the authority within their\nrespective functions as may be requested by the authority.\n
N.Y. ENV Law § 15-2905 — New York Code / Act ENV / Article 15 / Title 29 / Section 15-2905
Statewide inventory of existing significant deficiencies in water supply systems
Status: in_force

§ 15-2905. Statewide inventory of existing significant deficiencies in\n             water supply systems.\n  The commissioner, in consultation with the commissioner of health and\nutilizing information requested from the responsible local officials as\nwell as relevant information developed through titles eleven and\nthirteen of this article, shall cause to be prepared an inventory of\nexisting significant deficiencies in water supply availability\nthroughout the state, including specific needs for improvement,\nrehabilitation and establishment of water supply, distribution and\ntransmission facilities. Such inventory shall also identify those water\nsupply systems affected or threatened by intrusions of hazardous\nmaterials or wastes and the nature of remediation required. Such\ninventory shall be completed and transmitted to the governor,\nlegislature and the council by July first, nineteen hundred eighty-five.\n  The commissioner in consultation with the secretary of state, shall\nalso cause to be prepared a review and summary of existing statutory and\nconstitutional provisions relating to the provision and financing of\nwater supply facilities by local governments, including such provision\nand financing through inter-local cooperation. Such review and summary\nshall also identify any existing statutory and constitutional\nconstraints against the effective and efficient provision of sound\nfinancing, on a revenue or general obligation basis, of such facilities.\nSuch review and summary shall be completed and transmitted to the\ngovernor, legislature and the council by January first, nineteen hundred\neighty-six. At such time and based upon the above inventory and review\nand summary, the commissioner shall also cause to be prepared a\ncompilation of those instances in which correction of existing\nsignificant deficiencies appears to be beyond the reasonable financial\ncapabilities of the affected communities.\n
N.Y. PBA Law § 2704 — New York Code / Act PBA / Article 8 / Title 29 / Section 2704
Powers of the authority
Status: in_force

§ 2704. Powers of the authority. Except as otherwise limited by this\ntitle, the authority shall have power:\n  1. to make and alter by-laws for the regulation of its affairs and the\nconduct of its business;\n  2. to adopt an official seal and alter the same at pleasure;\n  3. to maintain a principal office in the city of Watertown, and\nregional offices at such place or places as it may designate within the\nparticipating counties;\n  4. to sue and be sued;\n  5. to make and execute contracts and all other instruments necessary\nor convenient for the exercise of its powers and functions under this\ntitle;\n  6. pursuant to a plan approved, or amended and approved, pursuant to\nsection twenty-seven hundred five of this title, in connection with any\nproject, to determine the feasibility, location and character of such\nproject and to acquire, construct, or to acquire any interest in or\nright to capacity in, and to reconstruct, renovate, replace, maintain,\nrepair, enlarge, extend, operate, lease, as lessee or lessor, and\nregulate such project, to enter into contracts for any or all of such\npurposes, to enter into contracts for the management and operation of a\nproject and, to enter into contracts for any or all of such purposes,\nincluding contracts for the management and operation of such project and\nto sell, lease, mortgage or otherwise dispose of any project or part\nthereof to the state, any person, public corporation or municipality;\n  7. to borrow money and to issue bonds of the authority for any of its\ncorporate purposes, to secure the same with its revenues or other funds\nand otherwise to provide for and secure the payment thereof and to\nprovide for the rights of holders thereof and to fund or refund the\nsame.\n  8. to make contracts and to execute all necessary or convenient\ninstruments, including evidences of indebtedness, negotiable or\nnonnegotiable in each case for securing its bonds or to provide direct\npayment of any costs which the authority is authorized to pay;\n  9. subject to any limitation imposed or authorized by law, to fix and\nrevise from time to time and charge and collect rates, rents, fees and\ncharges for the use of and for the services furnished or to be furnished\nby a project or any portion thereof and to contract with any person,\npartnership, association or authority or other body public or private\nincluding a public corporation in respect thereof provided, however,\nthat the authority shall not have the power, within any city, to collect\nrentals, charges, rates or fees from the owners of real estate, or the\noccupants of real estate (other than the occupants of premises owned or\ncontrolled by such authority, or by the state or any civil division\nthereof), for services or facilities furnished or supplied in connection\nwith such real estate, if such services or facilities are of a character\nor nature that as of the enactment of this act or formerly were\nfurnished or supplied by the city, unless the electors of the city shall\napprove the granting to such authority of such powers by a majority vote\nat a general or special election in such city;\n  10. pursuant to a plan approved, or amended and approved, pursuant to\nsection twenty-seven hundred five of this title and upon approval by\nresolution of the governing body of the county in which such property is\nlocated, to condemn, in the name of the authority, pursuant to the\neminent domain procedure law, any real property within the participating\ncounties required by the authority for any project to carry out the\npowers granted by this title;\n  11. to employ consulting engineers, architects, attorneys,\naccountants, construction and financial experts, superintendents,\nmanagers, and such other agents as may be necessary in its judgment, and\nto fix their compensation;\n  12. pursuant to a plan approved, or amended and approved, pursuant to\nsection twenty-seven hundred five of this title, to assist in the\nplanning, development and construction of and the financing of, the cost\nof any project whether or not such project is to be owned or operated by\nthe authority, including any project as defined in title one of article\neighteen-A of the general municipal law, provided, however, that the\nauthority shall not assist in the construction of or financing of the\ncost of a project as defined in title one of article eighteen-A of the\ngeneral municipal law unless such project has first been approved by\nresolution of the governing body of each municipality in which such\nproject is located;\n  13. to receive and accept loans, grants, aid in any form, gifts or\ncontributions from any source of either money, property, labor or other\nthings of value and, subject to the provisions of this title, to comply\nwith the terms and conditions thereof;\n  14. to enter into any lease of or to mortgage any property, project\nand the site thereof;\n  15. subject to any agreement with the holders of its bonds, to invest\nmoneys of the authority not required for immediate use in obligations of\nthe state or the United States or obligations the principal and interest\nof which are guaranteed by the state or the United States or in\ncertificates of deposit or time deposits secured in such manner as the\nauthority shall determine, or in obligations of any agency of the state\nor the United States which may from time to time be legally purchased by\nsavings banks within the state as an investment of funds belonging to\nthem or in their control, or in any other obligations in which the\ncomptroller of the state is authorized to invest pursuant to section\nninety-eight of the state finance law or any successor provision of law;\n  16. subject to any agreement with the holders of its bonds, to\npurchase bonds, of the authority out of any funds or moneys of the\nauthority available therefore, and to hold, cancel or resell the bonds;\n  17. to contract to render and to render such services to the United\nStates, or any public agency, public authority, municipality or\npolitical subdivision of the state, as the United States, such public\nagency, public authority, municipality or political subdivision shall\nrequest, with respect to the custody, administration, management or\nservicing of obligations, projects and property of such entity,\nincluding but not limited to the use of the premises, personnel and\nproperty of the authority, and may provide for reimbursement to the\nauthority for any expenses necessarily incurred by the authority in\nrendering such services;\n  18. to appoint such officers, employees and agents as it may require,\nprescribe their duties and qualifications and fix their compensation;\n  19. to establish such reserves as the authority deems necessary or\nappropriate;\n  20. to acquire by lease, purchase or gift, hold and dispose of real\nand personal property (whether tangible or intangible), which are\nlocated within the state, or any interest therein, for its corporate\npurposes, and, subject to any agreement with the holders of its bonds,\nto sell any mortgage or loan or other personal property acquired by the\nauthority, at a public or private sale and at such price or prices as it\nshall determine;\n  21. to enter into agreements, in its discretion, to pay annual sums in\nlieu of taxes to any municipality, political subdivision or taxing\ndistrict of the state in respect of any real property which is owned by\nthe authority and located in such municipality, political subdivision or\ntaxing district;\n  22. to contract with persons, municipalities and the United States for\nthe use of projects and for the fixing and collection of rates, rentals,\nfees and other charges for the use of such projects, or services\nrendered by, or any commodities furnished by the authority so as to\nprovide revenues sufficient at all times to pay, as the same shall\nbecome due, the principal and interest on the bonds, notes or other\nobligations of the authority together with the maintenance of proper\nreserves therefor, in addition to paying, as the same shall become due,\nthe expenses of operating and maintaining the properties of the\nauthority, together with proper reserves for debt service, depreciation,\nmaintenance and contingencies and all other obligations and indebtedness\nof the authority;\n  23. to coordinate the activities of state agencies and authorities to\nprovide community facilities in the region;\n  24. to participate in federal programs for the insurance of loans\nincluding programs which require the authority to share any loss arising\nout of any loan insured by the federal government; and\n  25. to do all things necessary or convenient to carry out the purposes\nof the authority.\n
N.Y. PBA Law § 2710 — New York Code / Act PBA / Article 8 / Title 29 / Section 2710
Special powers with regard to water facilities
Status: in_force

§ 2710. Special powers with regard to water facilities. The authority\nshall have power:\n  1. to acquire, construct, purchase or lease, in the name of the\nauthority, any water facility, water supply system, water distribution\nsystem, including plants, works, instrumentalities or parts thereof and\nappurtenances thereto, lands, easements, rights in land and water\nrights, rights-of-way, contract rights, franchises, approaches,\nconnections, dams, reservoirs, water mains and pipe lines, pumping\nstations and equipment, wells or any other property incidental to and\nincluded in such system or part thereof, and any improvements,\nextensions and betterments, situated within the participating counties\nfor the purpose of supplying water for domestic, commercial and public\npurposes within the participating counties to any person, the state, any\npublic corporation or the United States; and as a means of so acquiring\nfor such purposes, the authority may purchase all of the assets of any\nexisting privately owned water corporation or company;\n  2. to have and take ownership, jurisdiction, control, possession and\nsupervision of any existing water system and to construct and develop\nany water facility including any water supply system or water\ndistribution system, including plants, works, instrumentalities, or\nparts thereof, and appurtenances thereto, dams, reservoirs, water mains,\npipe lines, pumping stations and equipment, wells, or any other property\nincidental to or included in such system or part thereof within the\nparticipating counties and to acquire, by condemnation, as provided in\nthis section or otherwise lands, easements, rights of land, and water\nrights and rights-of-way within the participating counties; or to\npurchase or lease lands, easements, rights in land, and water rights and\nrights-of-way in connection therewith within the participating counties\nand to own and operate, maintain, repair, improve, reconstruct, enlarge\nand extend, subject to the provisions of this title, any of its\nproperties acquired or constructed under this title, all of which,\ntogether with the acquisition of such properties are hereby declared to\nbe public purposes;\n  3. to establish a schedule of rates, rentals or charges, to be called\n"water rents," to be collected from all real property served by its\nwater facilities, and to prescribe the manner in which and the time at\nwhich such water rents are to be paid, provided that in no event shall\nthe authority collect rents within any city within a participating\ncounty, and to change such schedule from time to time as may be deemed\nadvisable. Such water rents may be determined by the authority on any\nequitable basis. Prior to the final adoption or modification of such\nschedule of water rents, the authority shall adopt a proposed schedule\nof such water rents and publish notice thereof once a week for three\nsuccessive weeks in each participating county served by the authority's\nwater facilities. The notice so published shall be dated as of the date\nof first publication thereof and shall state that the proposed schedule\nof water rents will remain open for inspection in the office of the\nauthority for thirty days from the date of such notice, and that\nobjections thereto may be filed during said period with the authority by\nany person conceiving himself aggrieved thereby.  The authority shall\nhear and examine any such complaints and may modify the proposed\nschedule and shall adopt a final schedule of water rents within sixty\ndays after the date of said notice. The schedule of water rents so\nadopted shall thereafter be the water rents to be charged all real\nproperty served by the sewer facilities of the authority. From and after\nthe due date thereof, such water rents shall constitute a lien upon the\nreal property served by the facilities. In the event that any such water\nrent shall remain unpaid for a period of ninety days, the authority, or\nfor property within any city within a participating county, such city,\nmay bring and maintain an action in the supreme court for the\nforeclosure of such lien;\n  4. to adopt regulations in accordance with law providing that the\nauthority shall shut off the supply of water to any premises upon which\nwater rents have not been paid until the water rents are paid, together\nwith provision for an equitable charge for restoring water service to\nsaid premises;\n  5. to sell water, however acquired, by volume and at retail to\nconsumers including the United States within the participating counties\nfor domestic, commercial, industrial and public purposes, or by volume\nor in bulk and at wholesale to any or all persons, public corporations,\nthe United States or any privately owned public water supply and\ndistribution systems in the participating counties. To sell any water\nnot needed in such participating counties by volume and at retail to\nconsumers without the participating counties for domestic, commercial,\nindustrial and public purposes, or by volume or in bulk and at wholesale\nto any municipality, public corporation or privately owned public water\nsupply and distribution system outside of the participating counties,\nprovided that the authority shall not sell water in any area outside of\nthe participating counties unless the governing board of the\nmunicipality wherein such area is located shall enter into an agreement\nwith the authority for service or sale of water by it in such area or\nshall by resolution request the authority to sell water within such\narea. Any agreement between a municipality outside of the participating\ncounties and the authority for the sale of water to or within such\nmunicipality shall be subject to the approval of the legislative body of\nthe participating county or counties wherein the water facility\nsupplying such water is located. In addition to the powers hereinbefore\ngranted the authority may develop and provide a sufficient amount of\nwater so as to supply water outside of the participating counties to\nsell such water to consumers, any person, public corporation or\nprivately owned public water supply and distribution system provided\nhowever, that no such sale shall be made without the approval of the\nlegislative body of the county in which the water facility supplying\nsuch water is located;\n  6. to purchase water in bulk or by volume from any person, private\ncorporation or municipality when necessary or convenient for the\noperation of any water supply and distribution system developed by it,\nor when necessary or convenient for resale under the authority and\nprovisions of subdivision three of this section; and\n  7. to enter into cooperative agreements with other water authorities,\nmunicipalities, persons, or public benefit corporations, for the\ninterconnection of facilities, the exchange or inter-change of services\nand commodities, and to enter into contracts for the construction of\nwater supply and distribution systems by the authority for any\nmunicipality upon such terms and conditions as shall be determined to be\nreasonable including, but not limited to, the reimbursement of all costs\nof such construction provided, however, that any such agreement with a\nmunicipality located in a county, shall be subject to the approval of\nthe legislative body of such county; and\n  8.  to enter into a contract or contracts with the board of\nsupervisors or county legislatures of each participating county for the\nacquisition, construction and development of a water supply and\ndistribution system, or any part or parts thereof and to contract for\nthe operation and management of such water supply and distribution\nsystem.\n
N.Y. PBA Law § 2719 — New York Code / Act PBA / Article 8 / Title 29 / Section 2719
Exemption from taxation of property and income
Status: in_force

§ 2719. Exemption from taxation of property and income. The property\nof the authority, and its income and operations shall be exempt from\ntaxation or assessments of every kind and nature; nor shall the\nauthority be required to pay any filing or recording fee or transfer tax\nof any kind on account of instruments filed or recorded by it or on its\nbehalf. Mortgages made or financed (directly or indirectly) by the\nauthority shall be exempt from the mortgage recording taxes imposed by\narticle eleven of the tax law.\n
N.Y. ENV Law § 27-2907 — New York Code / Act ENV / Article 27 / Title 29 / Section 27-2907
Department responsibilities
Status: in_force

* § 27-2907. Department responsibilities.\n  1. No later than June first, two thousand fifteen, the department\nshall maintain on its website information regarding the collection and\nproper management of out-of-service mercury thermostats in the state.\nThe information shall include the following:\n  (a) a description of the collection programs established under this\nsection;\n  (b) a report on the progress towards achieving the statewide\ncollection goals set forth in this title; and\n  (c) a list of all thermostat wholesalers, contractors, qualified local\ngovernment authorities, and thermostat retailers participating in the\nprogram as collection sites.\n  2. No later than November first, two thousand eighteen, the department\nshall submit a written report to the governor and the legislature\nregarding the effectiveness of the collection programs established under\nthis section, information on the number of out-of-service thermostats\ncollected, how the out-of-service thermostats were managed, and an\nestimate of the number of thermostats that are available for collection.\nThe department shall use this information to recommend whether the\nprovisions of this section should be extended, along with any other\nstatutory changes. In preparing the report, the department shall consult\nwith mercury thermostat manufacturers, environmental organizations,\nmunicipal recyclers, and other interest groups.\n  * NB Repealed January 1, 2027\n
N.Y. PBA Law § 2706 — New York Code / Act PBA / Article 8 / Title 29 / Section 2706
Special powers of participating counties and municipalities with respect to certain facilities
Status: in_force

§ 2706. Special powers of participating counties and municipalities\nwith respect to certain facilities. 1. Any participating county and one\nor more municipalities within the participating county, shall have the\npower to enter into contracts, leases or agreements from time to time\nbetween or among themselves and with the United States, or between and\namong themselves and the United States and with the authority in\nconnection with a solid waste management facility in relation to the\ncollecting, receiving, transporting, storage, processing or disposal of\nsolid waste or for the purchase or use of any materials, energy,\nby-products or residue generated by or resulting from the operation of\nany such solid waste management facility; in connection with a sewer\nfacility in relation to the collection, receiving, transporting,\nstorage, processing or disposal of sewage or for the purchase or use of\nany materials, energy, by-products or residue generated by or resulting\nfrom the operation of any such sewer facility; in connection with a\nwater facility in relation to the supplying, providing, storage,\nprocessing, purification, transportation, distribution and sale of water\nresulting from or used in connection with any such water facility. Any\nsuch contract, lease or agreement to which any participating county or\nany municipality is a party may include provisions stipulating the\nminimum rates, rentals, fees and other charges to be collected for the\nuse of any such services, the availability of such services, including\ndemand charges, and for the use and availability of such facilities and\nto pay all amounts due under the contracts, which may be amounts\ncalculated to provide for payment and security for any bonds including,\nwithout limitation, such debt service coverage as the authority deems\nadequate for the bonds.  Any such contract lease or agreement to which\nthe authority or any participating county or any municipality are\nparties may include provisions (i) in connection with a solid waste\nmanagement-resource recovery facility obligating such participating\ncounty or municipality to deliver or cause to be delivered, periodically\nto a solid waste management facility all or any portion of the solid\nwaste generated in such participating county or municipality for\nprocessing or disposal and to make periodic payments for such processing\nor disposal whether or not delivery of any such solid waste shall be\nmade, subject only to such exceptions, terms and conditions as may be\nprovided therein; (ii) in connection with a sewer facility obligating\nsuch participating county or municipality to transport or cause to be\ntransported to a sewer facility all or any portion of the sewage\ngenerated in such participating county or municipality for processing or\ndisposal and to make periodic payments for such processing and disposal\nwhether or not any sewer is transported to the sewer facility for such\nprocessing or disposal, subject only to such exceptions, terms and\nconditions as may be provided therein; (iii) in connection with a water\nfacility obligating such participating county or municipality to obtain\nor cause to be obtained from a water facility all or any portion of the\nwater used or consumed in such participating county or municipality and\nto make periodic payments for the supply of such water whether or not\nany water is used or consumed from such facility, subject only to such\nexceptions, terms and conditions as may be provided therein. To further\nthe governmental and public purposes of the authority, including the\nimplementation of any contract or proposed contract contemplated by this\ntitle, any participating county and all municipalities within any\nparticipating county shall have power to adopt and amend local laws\nimposing appropriate and reasonable limitations on competition\nincluding, without limiting the generality of the foregoing, local laws\nrequiring that all solid waste generated or originated within their\nrespective boundaries or portions thereof, subject to such exceptions as\nmay be determined to be in the public interest, shall be delivered to a\nspecified solid waste management facility or facilities; that all sewage\ngenerated or originated within their respective boundaries or portions\nthereof, subject to such exceptions as may be determined to be in the\npublic interest, shall be delivered to a specified sewage facility or\nfacilities; that all water used or consumed within their respective\nboundaries or portion thereof, subject to such exceptions as may be\ndetermined to be in the public interest, shall be supplied, transported\nor distributed by a specified water facility or facilities.  Any such\nlocal law shall be adopted in accordance with the procedure provided by\nthe municipal home rule law. Nothing contained in this title shall be\ndeemed or construed to alter the power granted under section twenty\nhundred forty-eight-s of this chapter.\n  2. Each participating county and each such municipality is hereby\nauthorized to resell or otherwise dispose of all or any part of the\nmaterials, energy, by-products or residue purchased, received or\nobtained from the authority pursuant to subdivision one of this section.\nAny resale or other disposition may be made in such manner as such\nparticipating county or such municipality may deem proper and upon such\nterms and conditions as may be agreed upon by the parties thereto.\n  3. Each participating county and each such municipality shall have the\npower to perform such other acts, to enter into such other contracts,\nincluding contracts between or among themselves, execute such\ninstruments and to undertake such future proceedings as shall be\ndetermined necessary or desirable to effectuate the purpose of this\ntitle, including the making of gifts, grants, loans or contributions to\nthe authority.\n  4. Notwithstanding any other law, general, special or local, any\ncontract entered into by a participating county or municipality in\nconnection with, or in any manner relating to any project may be for\nsuch term or duration as may be agreed upon by the parties thereto,\nincluding that any such contract may provide that the same shall remain\nin full force and effect so long as the bonds issued for or in\nconnection with such project, including any renewals thereof, shall\nremain outstanding or until adequate provision has been made for the\npayment or satisfaction thereof.\n  5. Any contract entered into pursuant to this section to which the\nauthority shall be a party may be pledged by the authority as security\nfor any issue of bonds, and may be assigned, in whole or in part, by the\nauthority to any public corporation or person which shall construct,\npurchase, lease or otherwise acquire any project, or part thereof,\nfinanced in whole or in part by the authority.\n
N.Y. PBA Law § 2701 — New York Code / Act PBA / Article 8 / Title 29 / Section 2701
Statement of legislative findings and purposes
Status: in_force

§ 2701. Statement of legislative findings and purposes. It is hereby\nfound, determined and declared that there is an immediate need to\ninstitute a comprehensive, coordinated program of economic development\nactivities in the three county area comprised of the counties of\nJefferson, Lewis and St. Lawrence which surround the United States Army\nbase at Fort Drum in order to provide the region with the capability to\neffectively plan and develop the infrastructure needs of the region\nrequired by the population increase forecast due to the expansion of the\nUnited States Army facilities at Fort Drum. It is further declared to be\ndesirable to create a regional development authority of the north county\nto provide the region with the capability to effectively and efficiently\ncommunicate with the United States Army to optimize the economic and\nsocial impact on the region of the Army's plans to locate the 10th\nMountain Division at Fort Drum. It is further found and declared that\nsuch needs are a matter of essential state concern and that such\nauthority is necessary to provide for the health, safety and welfare of\nthe people of the participating counties and the state. The authority\nshall carry out its purposes and responsibilities directly and through\nagreements with state and local entities, authorities and the United\nStates Department of the Army. It is further declared that the authority\nshall be created as a public benefit corporation and that the corporate\nprograms and powers conferred under this title and the expenditures of\npublic moneys pursuant thereto are in furtherance of a valid public\ninterest and public purpose.\n
N.Y. ENV Law § 27-2903 — New York Code / Act ENV / Article 27 / Title 29 / Section 27-2903
Mercury-containing thermostat collection
Status: in_force

* § 27-2903. Mercury-containing thermostat collection.\n  1. Each thermostat manufacturer shall, individually or collectively,\nwith other thermostat manufacturers, establish and maintain a program\nfor the collection, transportation, recycling, disposal and proper\nmanagement of out-of-service mercury thermostats in accordance with the\nprovisions of this section.\n  2. Each thermostat manufacturer shall, individually or collectively\nwith other thermostat manufacturers through a collection program, do the\nfollowing:\n  (a) On and after July first, two thousand fourteen, compile a list of\nthermostat wholesalers in the state and offer each thermostat wholesaler\ncontainers for the collection of out-of-service mercury thermostats.\n  (b) On and after July first, two thousand fourteen, make collection\ncontainers available to all qualified contractors, thermostat\nwholesalers, thermostat retailers, and qualified local government\nauthorities that request a container. Each thermostat manufacturer shall\nwith each container include information regarding the proper management\nof out-of-service mercury thermostats.\n  (c) Establish a system to collect, transport, recycle, dispose and\nproperly manage out-of-service mercury thermostats from all collection\nsites.\n  (d) Not include any fees or other charges to consumers or persons\nparticipating in the program. Each thermostat wholesaler, qualified\ncontractor, qualified local government authority, or thermostat retailer\nthat is provided with one or more collection containers may be charged a\nfee not to exceed twenty-six dollars to replace any collection container\nthat is misplaced, stolen or otherwise lost.\n  (e) Beginning July first, two thousand fourteen, conduct education and\noutreach efforts, including, but not limited to the following:\n  (i) establish and maintain a public website for the dissemination of\neducational materials to promote the collection of out-of-service\nmercury thermostats. This website shall include templates of the\neducational materials on the internet website in a form and format that\ncan be easily downloaded and printed. The link to this website shall be\nprovided to the department;\n  (ii) contact thermostat wholesalers at least once a year to encourage\ntheir support and participation in educating customers on the importance\nof statutory requirements for the collection and proper management of\nout-of-service mercury thermostats;\n  (iii) create and maintain a web-based program that allows contractors\nand consumers to identify collection sites for out-of-service mercury\nthermostats in the state and provide a list of collection sites to the\ndepartment; and\n  (iv) develop informational articles, press releases, and news stories\npertaining to the importance of and opportunities for collecting and\nrecycling out-of-service mercury thermostats and distribute those\nmaterials to trade publications, local media, and stakeholder groups.\n  (f) On or before July first, two thousand fourteen, develop and update\nas necessary educational and other outreach materials for distribution\nto contractors, contractor associations and consumers. These materials\nshall be made available for use by participating thermostat wholesalers,\nthermostat retailers, contractors, and qualified government authorities.\nThe materials shall include, but not be limited to, the following:\n  (i) signage, such as posters and cling signage, that can be\nprominently displayed to promote the collection of out-of-service\nmercury thermostats to contractors and consumers; and\n  (ii) written materials or templates of materials for reproduction by\nthermostat wholesalers and thermostat retailers to be provided to\ncustomers at the time of purchase or delivery of a thermostat. The\nmaterials shall include, but not be limited to, information on the\nimportance of properly managing out-of-service mercury thermostats and\nopportunities for the collection of these thermostats.\n  (g) Provide an opportunity for the department to review and offer\nfeedback and suggestions on the collection program.\n  3. The collection programs established by thermostat manufacturers\nunder this section shall be designed to achieve collectively the\nfollowing statewide goals:\n  (a) For calendar year two thousand fifteen, the collection of no less\nthan fifteen thousand five hundred out-of-service mercury thermostats;\n  (b) For calendar years two thousand sixteen through two thousand\ntwenty-three, the collection goals shall be established by the\ndepartment. The department shall establish collection goals no later\nthan October first, two thousand fifteen. The collection goals\nestablished by the department shall achieve the maximum feasible number\nof out-of-service mercury thermostats in the state. In developing the\ncollection goals, the department shall take into account, at a minimum,\n(i) the effectiveness of collection programs for out-of-service mercury\nthermostats in the state and other states, including education and\noutreach efforts, (ii) collection requirements in other states,\nincluding those states with the highest collection goals, (iii) any\nreports or studies on the number of out-of-service mercury thermostats\nthat are available for collection in this state, other states, and\nnationally, and (iv) other relevant factors. Prior to establishing the\ncollection goals, the department shall consult with stakeholder groups\nthat include, at a minimum, representatives of thermostat manufacturers,\nenvironmental groups, municipal recyclers, thermostat wholesalers,\nqualified contractors, and thermostat retailers.\n  (c) Thermostat manufacturers shall implement any collection program\nrevisions approved by the department within ninety days.\n  4. If the collection programs do not collectively achieve the\ncollection goals provided for in subdivision three of this section for\ncalendar year two thousand fifteen or any year thereafter the\ndepartment, after conducting stakeholder consultations, may require\nmodifications to one or more collection programs that the department\ndetermines are necessary to achieve the collection goals. Modifications\nrequired by the department may include improvements to outreach and\neducation conducted under the collection program, expansion of the\nnumber and location of collection sites established under the program,\nmodification of the roles of participants, and a five dollar financial\nincentive in the form of either cash or coupon offered by the\nmanufacturer to contractors and consumers for each out-of-service\nmercury thermostat returned to a collection site.\n  5. No later than April first, two thousand fifteen, and no later than\nApril first of each year thereafter, each thermostat manufacturer shall,\nindividually or collectively with other thermostat manufacturers, submit\nan annual report on its collection program to the department covering\nthe one-year period ending December thirty-first of the previous year.\nEach report shall be posted on the manufacturer's or program operator's\nrespective internet website. The annual report shall include the\nfollowing:\n  (a) the number of out-of-service mercury thermostats collected and\nmanaged under this section during the previous calendar year;\n  (b) the estimated total amount of mercury contained in the\nout-of-service mercury thermostats collected under this section during\nthe previous calendar year;\n  (c) a list of all thermostat wholesalers, contractors, qualified local\ngovernment authorities, and thermostat retailers participating in the\nprogram as mercury thermostat collection sites and the number of\nout-of-service mercury thermostats returned by each;\n  (d) an accounting of the program's administrative costs;\n  (e) a description of outreach strategies employed under paragraph (e)\nof subdivision two of this section;\n  (f) examples of outreach and educational materials used under\nparagraph (e) of subdivision two of this section;\n  (g) the internet website address of addresses where the annual report\nmay be viewed online;\n  (h) a description of how the out-of-service mercury thermostats were\nmanaged;\n  (i) any modifications that the thermostat manufacturer is planning to\nmake in its collection program; and\n  (j) the identification of a collection program contact and the\nbusiness phone number, mailing address, and e-mail address for the\ncontact.\n  6. All contractors, thermostat wholesalers, thermostat manufacturers,\nand thermostat retailers participating in the program shall handle and\nmanage the out-of-service mercury thermostats in a manner that is\nconsistent with the requirements for the disposal of hazardous waste.\n  7. On and after July first, two thousand fourteen, no thermostat\nwholesaler shall sell, offer to sell, distribute, or offer to distribute\nthermostats unless the wholesaler participates as a collection site for\nout-of-service mercury thermostats or requests and receives a waiver\nfrom the department following a demonstration that such participation\nwould pose an undue burden.\n  * NB Repealed January 1, 2027\n
N.Y. ENV Law § 27-2905 — New York Code / Act ENV / Article 27 / Title 29 / Section 27-2905
Thermostat wholesaler and retailer requirements
Status: in_force

* § 27-2905. Thermostat wholesaler and retailer requirements.\n  No thermostat wholesaler or thermostat retailer shall sell, offer for\nsale or distribute any thermostat for final sale unless the manufacturer\nof such thermostat is listed on the department's website, in accordance\nwith the provisions of this title.\n  * NB Repealed January 1, 2027\n
N.Y. PBA Law § 2714 — New York Code / Act PBA / Article 8 / Title 29 / Section 2714
Moneys of the authority
Status: in_force

§ 2714. Moneys of the authority. 1. All moneys of the authority from\nwhatever source derived, except as otherwise authorized or provided in\nthis title, shall be paid to the authority and shall be deposited\nforthwith in a bank or banks in the state designated by the authority.\nThe moneys in such accounts shall be withdrawn on the order of such\nperson or persons as the authority may authorize. All deposits of such\nmoneys shall, if required by the authority, be secured in such manner as\nthe authority may determine. The state comptroller and his legally\nauthorized representatives are authorized and empowered from time to\ntime to examine the accounts and books of the authority, including its\nreceipts, disbursements, contracts, leases, sinking funds, investments\nand any other records and papers relating to its financial standing.\nSuch an examination shall be conducted by the comptroller at least once\nin every five years; the comptroller is authorized, however, to accept\nfrom the authority, in lieu of such an examination, an external\nexamination of its books and accounts made at the request of the\nauthority.\n  2. Notwithstanding any other provisions of this title related to the\ninvestment of moneys of the authority, the authority shall have power to\ncontract with holders of any of its bonds, as to the custody,\ncollection, securing, investment, and payment of any moneys of the\nauthority, of any moneys held in trust or otherwise for the payment of\nbonds, and to carry out such contract. Moneys held in trust or otherwise\nfor the payment of bonds or in any way to secure bonds and deposits of\nsuch moneys may be invested, secured in such manner as shall be set\nforth in such contract or agreement, and all banks and trust companies\nare authorized to give such security for such deposits.  The authority\nshall establish and may amend from time to time, guidelines for the\ninvestment of its moneys, including those held in trust for the benefit\nof the holders of bonds, and shall file such guidelines in the\nauthority's public records within sixty days after the adoption of such\nguidelines or amendments thereto.\n  3. Subject to the provisions of any agreement with the holders of\nbonds and to the approval of the comptroller, the authority shall\nprescribe a system of accounts.\n  4. The authority shall submit to the comptroller, within thirty days\nof the receipt thereof by the authority, a copy of the report of every\nexternal examination of the books and accounts of the authority.\n
N.Y. ENV Law § 27-2909 — New York Code / Act ENV / Article 27 / Title 29 / Section 27-2909
Disposal prohibition
Status: in_force

* § 27-2909. Disposal prohibition.\n  1. No transporter shall knowingly commingle mercury-added thermostats\nwith solid waste or recyclable materials.\n  2. No transporter shall knowingly deliver mercury-added thermostats or\nknowingly cause such materials to be delivered to:\n  (a) an incinerator;\n  (b) a landfill;\n  (c) a transfer station; or\n  (d) anyone who the transporter knows or should know will either\ncommingle such materials with other solid waste or deliver such\nmaterials to an incinerator or a landfill for disposal.\n  3. No operator of an incinerator or a landfill shall knowingly accept\nmercury-added thermostats for disposal.\n  4. No operator of a transfer station shall knowingly commingle\nmercury-added thermostats with other solid waste or cause such materials\nto be transferred to an incinerator or landfill for disposal.\n  5. Each landfill and transfer station shall post, in a conspicuous\nlocation at the facility, a sign stating that mercury-added thermostats\nare not accepted at the facility.\n  * NB Repealed January 1, 2027\n
N.Y. ENV Law § 71-2909 — New York Code / Act ENV / Article 71 / Title 29 / Section 71-2909
Aiders and abettors
Status: in_force

§ 71-2909. Aiders and abettors.\n  Any person knowingly aiding or abetting any other person in the\nviolation of any provision of article 33 of this chapter or any rule,\nregulation, or order of the department made pursuant thereto shall be\nsubject to the same punishment and penalty as that prescribed by this\ntitle for the violation by such other person.\n
N.Y. PBA Law § 2708 — New York Code / Act PBA / Article 8 / Title 29 / Section 2708
Environmental applications, proceedings, approvals and permits
Status: in_force

§ 2708. Environmental applications, proceedings, approvals and\npermits. 1. Any application in relation to the purposes of or\ncontemplated by this title, or any proceeding commenced by any\nparticipating county or any municipality, with the department of\nenvironmental conservation, the department of transportation or any\nother state agency or instrumentality or with the United States\nenvironmental protection agency or any other federal agency or\ninstrumentality shall inure to and for the benefit of the authority to\nthe same extent and in the same manner as if the authority had been a\nparty to such application or proceeding, and the authority shall be\ndeemed a party thereto, to the extent not prohibited by any federal law.\nAny license, approval, permit or decision issued or granted pursuant to\nor as a result of any such application or proceeding shall inure to the\nbenefit of and be binding upon the authority and shall be assigned and\ntransferred by the town to the authority, unless such assignment and\ntransfer is prohibited by federal law.\n  2. All such applications, proceedings, licenses, approvals, permits\nand decisions shall further inure to and for the benefit of and be\nbinding upon any person leasing, acquiring, constructing, maintaining,\nusing or occupying any project financed in whole or in part by the\nauthority.\n
N.Y. ENV Law § 15-2913 — New York Code / Act ENV / Article 15 / Title 29 / Section 15-2913
Water resources management strategy; revision
Status: in_force

§ 15-2913. Water resources management strategy; revision.\n  From time to time and at least once every two years, the department of\nenvironmental conservation, with the participation of the department of\nhealth and whenever possible, regional planning and development boards,\nshall review the strategy and shall either (a) prepare any amendments\nnecessary to update the strategy, or (b) issue a determination that no\namendments are necessary and the reasons supporting the determination.\nAny interested person may seek such a review upon written application to\nthe department of environmental conservation for an amendment to the\nstatewide water resources management strategy. Any statement issued by\nthe departments that no amendments are necessary shall be submitted to\nthe council for approval, modification or disapproval. Amendments shall\nbe adopted in the same manner as the strategy itself.\n
N.Y. PBA Law § 2722 — New York Code / Act PBA / Article 8 / Title 29 / Section 2722
Contracts of the authority
Status: in_force

§ 2722. Contracts of the authority. 1. Construction contracts let by\nthe authority shall be in conformity with the applicable provisions of\nsection one hundred thirty-five of the state finance law, provided,\nhowever, that in the case of industrial projects, whenever the authority\ndetermines that trade secrets or other confidential information about\nthe prospective project occupant's business operations, products,\nprocesses or designs would be revealed by public bidding, the\nrequirements of section one hundred thirty-five of the state finance law\nwith respect to public bidding may be waived. In such event, separate\nspecifications shall be prepared for, and separate and independent\ncontracts shall be entered into, for the following three subdivisions of\nwork to be performed: (a) plumbing and gas fitting; (b) steam heating,\nhot water heating, ventilating and air conditioning apparatus; and (c)\nelectric wiring and standard illuminating fixtures.\n  2. The authority may, in its discretion, assign contracts for\nsupervision and coordination to the successful bidder for any\nsubdivision of work for which the authority receives bids. Any\nconstruction contract awarded by the authority shall contain such other\nterms and conditions as the authority may deem desirable. The authority\nshall not award any construction contract except to the lowest bidder\nwho, in its opinion, is qualified to perform the work required and who\nis responsible and reliable. The authority may, however, reject any or\nall bids or waive any informality in a bid if it believes that the\npublic interest will be promoted thereby. The authority may reject any\nbid, if, in its judgment, the business and technical organization,\nplant, resources, financial standing, or experience of the bidder\njustifies such rejection in view of the work to be performed.\n  3. Personal service contracts entered into by the authority shall be\nsubject to the provisions of section twenty-eight hundred seventy-nine\nof this chapter.\n
N.Y. PBA Law § 2705 — New York Code / Act PBA / Article 8 / Title 29 / Section 2705
Special powers with regard to planning
Status: in_force

§ 2705. Special powers with regard to planning. The authority shall\nprepare or cause to be prepared a report on the impact of the expansion\nof the Fort Drum Military Reservation on existing projects and community\nfacilities within the participating counties. Based upon the findings of\nsuch report, the authority shall prepare or cause to be prepared a plan\nfor the development or construction of projects, including projects\ndefined in title one of article eighteen-A of the general municipal law\nwhich the authority intends to finance or assist in the financing of,\nand community facilities necessary to meet the needs of individuals,\nbusiness enterprises, and governmental facilities, including military\nfacilities within the participating counties. In formulating such plan\nor plans, the authority shall consult and cooperate with the planning\nauthorities in the area of its operations. The authority may request and\nuse existing studies, plans, surveys, data and other materials completed\nby or under development by any state agency or municipality. The\nauthority shall file copies of such plan with the common council of the\ncity of Watertown and the county legislatures or board of supervisors of\nthe participating counties and the governing body of any municipality\nwithin the participating counties affected by such plan and any\nauthorities or industrial development agencies within the participating\ncounty if such entity is substantially affected by the plan in relation\nto its property or projects. The plan or plans shall contain information\nregarding the facilities that the authority intends to provide or\nproposes be provided by other means and information regarding the\nservices the authority contemplates providing or proposes be provided by\nother means and the estimated costs and the proposed method of\nfinancing. During sixty days after the filing of any plan, said plan\nshall be available for public inspection at the office or offices of the\nauthority and at such other places in the areas affected, within the\nparticipating counties, as the authority may designate. Not earlier than\nthirty days after the filing of said plan, a public hearing on said plan\nshall be held by the authority. Notice of such a hearing shall be given\nto the legislative bodies and affected entities aforesaid by publication\nonce a week for two weeks prior to the said hearing at the time and\nplace fixed by the authority in newspapers of general circulation within\nthe areas affected, to be selected by the authority. The last\npublication date shall not be less than five days before said hearing.\nAny amendments that the authority may adopt to the plan shall be adopted\nonly after complying with the filing notice and hearing requirements\nprovided for in this section. Within thirty days following the adoption\nof any plan or amendments, the authority shall provide a copy of such\nplan or amendments of such hearing to the legislative bodies and\naffected entities as aforesaid.\n
N.Y. PBG Law § 432 — New York Code / Act PBG / Article 13 / Title 29 / Section 432
Long Beach Housing Authority
Status: in_force

§ 432. Long Beach Housing Authority.  A municipal housing authority,\nto be known as the Long Beach Housing Authority, is hereby created and\nestablished for the accomplishment of any or all of the purposes\nspecified in article eighteen of the constitution of the state of New\nYork. It shall constitute a body corporate and politic and consist of\nfive members who shall be qualified electors of the city of Long Beach.\nIt shall have the powers and duties now or hereafter conferred by this\nchapter upon municipal housing authorities. It shall be organized in the\nmanner prescribed by and subject to the provisions of this chapter, and\nthe authority, its members, officers and employees and its operations\nand activities shall in all respects be governed by the provisions of\nthis chapter. The city council of the city of Long Beach may appropriate\nand pay over to the authority out of general city funds and as a city\ncharge a sum not to exceed ten thousand dollars for purposes of\norganization, administration, investigation, planning and report.\n
N.Y. ENV Law § 15-2903 — New York Code / Act ENV / Article 15 / Title 29 / Section 15-2903
Water resources planning council; quorum, bylaws
Status: in_force

§ 15-2903. Water resources planning council; quorum, bylaws.\n  A majority of the members of the council shall constitute a quorum for\nthe transaction of any business or the exercise of any power of the\ncouncil. The commissioners of agriculture and markets, commerce, energy,\nenvironmental conservation, health, transportation, the chairman of the\npublic service commission and secretary of state may, by official\nauthority filed in their respective agencies, and with the water\nresources planning council, designate a deputy or other officer to\nexercise his powers and perform his duties, including the right to vote,\non the council. The council may also establish for itself bylaws for the\nconduct of its affairs.\n
N.Y. PBA Law § 2718 — New York Code / Act PBA / Article 8 / Title 29 / Section 2718
Limitation of liability; indemnification
Status: in_force

§ 2718. Limitation of liability; indemnification. 1. Neither the\nmembers of the authority nor any person acting in its behalf, while\nacting within the scope of their authority, shall be subject to any\npersonal liability resulting from carrying out any of the powers\nexpressly given in or authorized by this title.\n  2. The provisions of section eighteen of the public officers law shall\napply to members, officers, employees and agents of the authority in\nconnection with any and all claims, demands, suits, actions or\nproceedings which may be made or brought against any of them arising out\nof any determinations made or actions taken or omitted to be taken in\ncompliance with any obligations under or pursuant to the terms of this\ntitle.\n
N.Y. ENV Law § 15-2901 — New York Code / Act ENV / Article 15 / Title 29 / Section 15-2901
Water resources planning council; organization
Status: in_force

§ 15-2901. Water resources planning council; organization.\n  There is hereby established within the department of environmental\nconservation a water resources planning council. It shall consist of\nfifteen members, including the commissioners of agriculture and markets,\neconomic development, environmental conservation, health,\ntransportation, the chair of the public service commission, president of\nthe New York state energy research and development authority, secretary\nof state and seven members to be appointed by the governor including at\nleast one member who shall have expertise in the science of water\nresources planning and at least one member selected from a list proposed\nby public interest or environmental citizens organizations. These seven\nmembers shall serve terms of four years each. Two of the members shall\nbe appointed upon the recommendation of the majority leader of the\nsenate and two of the members shall be appointed upon the recommendation\nof the speaker of the assembly. The governor shall select a chair from\namong the members.  Meetings of the council shall be called by the\nchair. Members shall receive reimbursement for expenses.\n
N.Y. ENV Law § 71-2915 — New York Code / Act ENV / Article 71 / Title 29 / Section 71-2915
Disposal of fines and moneys recovered
Status: in_force

§ 71-2915. Disposal of fines and moneys recovered.\n  Except as otherwise provided in article 33 of this chapter or this\ntitle, all moneys recovered, either as fines, penalties, forfeitures or\notherwise, for the violation of any of the provisions of article 33 of\nthis chapter or this title, or of the rules of the department, and all\nbail forfeited by persons charged with such violations, shall be the\nproperty of the state. Moneys so recovered by town justices shall be\npaid to the state comptroller in accordance with the provisions of\nsection 27 of the town law and moneys so recovered by village justices\nto the state comptroller in accordance with the provisions of section\n4-410 of the village law. The same disposal shall be made of all moneys\nrecovered upon any bond given by any officer by virtue of the provisions\nof article 33 of this chapter or this title. The comptroller shall\ndeposit all such moneys into the general fund to the credit of the state\npurposes account.\n
N.Y. PBA Law § 2707 — New York Code / Act PBA / Article 8 / Title 29 / Section 2707
Special powers with regard to solid waste management facilities
Status: in_force

§ 2707. Special powers with regard to solid waste management\nfacilities. The authority shall have power:\n  1. to collect, receive, extract, transport, process, dispose of, sell,\nstore, convey, recycle and deal with, in any lawful manner an way, solid\nwaste or by-products thereof now or hereafter developed or discovered,\nincluding any energy or steam generated by the operation of any facility\non such terms and in such manner as the authority may deem proper;\n  2. to collect or receive from the United States, the state, any\nmunicipality or public corporation or person solid waste for the purpose\nof treatment or disposal thereof, with the right of the authority to\nsell and dispose of any by-products, including energy or steam, of such\nprocess of treatment or disposal, as the authority may deem proper; and\n  3. to contract with counties, municipalities, state agencies, public\ncorporations, or persons and the United States for the purpose of\ncollecting, receiving, treating and disposing of solid waste, including,\nwithout limitation, to contract with counties, municipalities, state\nagencies, public corporations the United States or persons for the\ndelivery of solid waste generated within a stated area to a specific\nfacility.\n
N.Y. ENV Law § 71-2901 — New York Code / Act ENV / Article 71 / Title 29 / Section 71-2901
Applicability of this title
Status: in_force

§ 71-2901. Applicability of this title.\n  This title shall apply to the enforcement of article 33 of this\nchapter.\n
N.Y. ENV Law § 15-2911 — New York Code / Act ENV / Article 15 / Title 29 / Section 15-2911
Water resources management strategy; approval
Status: in_force

§ 15-2911. Water resources management strategy; approval.\n  The water resources planning council shall, as expeditiously as\npracticable following the conclusion of its hearings, but in no case\nlater than January first, nineteen hundred eighty-eight, determine,\nbased on the record, whether the statewide water resources management\nstrategy should be approved with modifications or disapproved, and shall\nstate in writing the reasons for its determination. If the council has\ndetermined approval of the strategy, it shall be adopted by the\ndepartments of health and environmental conservation and other\nappropriate state agencies in the form determined by the council. If the\ncouncil has determined disapproval of the strategy, the department of\nenvironmental conservation, in conjunction with the department of\nhealth, shall modify the strategy in accordance with the determination\nissued by the council and resubmit the strategy to the council for its\naction.\n
N.Y. ENV Law § 71-2903 — New York Code / Act ENV / Article 71 / Title 29 / Section 71-2903
Investigations
Status: in_force

§ 71-2903. Investigations.\n  1. The commissioner, or any officer of the department when authorized\nby the commissioner, may investigate and report as to all matters within\nor pertaining to the powers and jurisdiction of the department for the\npurpose of carrying into effect the provisions of article 33 of this\nchapter or this title and the rules of the department made pursuant\nthereto.\n  2. To aid in the administration of article 33, the commissioner or any\nperson designated by him may issue subpoenas in his name requiring the\nattendance and giving of testimony by witnesses and the production of\nbooks, papers and other evidence for any hearing, proceeding or\ninvestigation conducted or to be conducted by or before the department.\nService of such a subpoena, enforcement of obedience thereto, and\npunishment for disobedience thereof shall be had as and in the manner\nprovided by the civil practice law and rules relating to enforcement of\nany subpoena issued by a board or committee except that in the case of\nhearings, proceedings, or investigations before or conducted by the\ndepartment neither any person certified to apply pesticides nor the\nholder of a business registration issued pursuant to article 33, nor an\nemployee of such registration holder or, nor an officer or stockholder\nin a registered corporation, when required to attend as a witness, shall\nbe entitled to any subpoena fee or mileage. Any member of the department\nor any person who may be designated hereunder by the department to hold\nhearings may administer oaths to witnesses. The department also may\nprovide for the taking of depositions of witnesses for the purpose of\nany such hearing. In such case, such officer, employee or other person\nmay administer oaths to the witnesses whose depositions are to be taken.\nEach deposition shall be reduced to writing and subscribed by the\ndeponent.\n
N.Y. ENV Law § 71-2911 — New York Code / Act ENV / Article 71 / Title 29 / Section 71-2911
Injunction against violations
Status: in_force

§ 71-2911. Injunction against violations.\n  Whenever it appears that any person is violating or threatening to\nviolate any provision of article 33 of this chapter or any rule,\nregulation or order issued thereunder or is committing any offense\ndescribed in section 33-1301 of this chapter, the department, acting by\nthe attorney general, may bring suit against such person in any court of\ncompetent jurisdiction to restrain such person from continuing such\nviolation or from carrying out the threat of violation. In any such\nsuit, the court shall have jurisdiction to grant to the department\nwithout bond or other undertaking, such prohibitory or mandatory\ninjunctions as the facts may warrant, including temporary restraining\norders or preliminary injunctions.\n
N.Y. PBA Law § 2721 — New York Code / Act PBA / Article 8 / Title 29 / Section 2721
State, counties and municipalities not liable on bonds
Status: in_force

§ 2721. State, counties and municipalities not liable on bonds.\nNeither the state, the counties nor any other municipality or public\ncorporation shall be liable on the bonds of the authority and such bonds\nshall not be a debt of the state, the counties, any other municipality\nor public corporation, and such bonds shall contain on the face thereof,\na statement to such effect.\n
N.Y. PBA Law § 2723 — New York Code / Act PBA / Article 8 / Title 29 / Section 2723
Annual reports
Status: in_force

§ 2723. Annual reports. The authority shall submit to the governor,\nthe chairman of the senate finance committee, the chairman of the\nassembly ways and means committee, the state comptroller and the state\ndirector of the division of the budget within ninety days after the end\nof its fiscal year, a complete and detailed report setting forth: (i)\nits operations and accomplishments; (ii) its receipts and expenditures\nduring such fiscal year in accordance with the categories or\nclassifications established by the authority for its operating and\ncapital outlay purposes, including a listing of all private consultants\nengaged by the authority on a contract basis and a statement of the\ntotal amount paid to each such private consultant; (iii) its assets and\nliabilities at the end of its fiscal year, including a schedule of its\nloans and commitments; and (iv) a schedule of its bonds outstanding at\nthe end of its fiscal year, together with a statement of the amounts\nredeemed and incurred during such fiscal year.\n
N.Y. ENV Law § 15-2909 — New York Code / Act ENV / Article 15 / Title 29 / Section 15-2909
Water resources management strategy; hearings
Status: in_force

§ 15-2909. Water resources management strategy; hearings.\n  Upon receipt of the statewide water resources management strategy from\nthe department of environmental conservation, the council shall promptly\npublish once a week for three consecutive weeks in newspapers of general\ncirculation notice of public hearings thereon. Public hearings shall be\nconducted in each of the substate areas represented in the statewide\nstrategy, and shall be in accordance with regulations adopted by the\ndepartment, subject to modification by the council. Such regulations\nshall, at a minimum, require a hearing on the record with sworn\nwitnesses and shall afford interested parties a reasonable opportunity\nto sponsor witnesses and to question witnesses sponsored by others,\nincluding department staff, consistent with the need to conclude the\nhearings expeditiously so that a state water resources management\nstrategy can be adopted in a timely manner. The hearings shall not be\nconsidered part of an adjudicatory proceeding, as defined in subdivision\nthree of section one hundred two of the state administrative procedure\nact, or as part of a rule-making proceeding held under subdivision one\nof section two hundred two of such act.\n