N.Y. PBA Law § 1203-A — New York Code / Act PBA / Article 5 / Title 9 / Section 1203-A
Subsidiary corporation
Status: in_force

§ 1203-a. Subsidiary corporation. 1. Notwithstanding the provisions of\nthis title or of any general, special or local law to the contrary, the\ncity and the transit authority may enter into an agreement which shall\nprovide that any omnibus lines hereafter acquired by the city may be\nleased by the city for operation and maintenance to a public benefit\ncorporation which shall be a subsidiary of the transit authority. The\nstatus of such officers and employees as shall be taken into the service\nof such subsidiary corporation, including those who had been employed by\nthe former owner of any such omnibus lines, shall be governed\nexclusively by the provisions of this section.\n  2. A public benefit corporation entitled Manhattan and Bronx surface\ntransit operating authority (hereinafter referred to as the subsidiary\ncorporation) is hereby created. The purpose of said subsidiary\ncorporation shall be to operate, pursuant to the powers conferred\nhereunder and for a temporary period, the omnibus lines hereafter\nacquired by the city, until the said omnibus lines shall be sold or\notherwise disposed of to private or public operation. The directors of\nsuch subsidiary corporation shall be the persons holding the offices of\nchairman and members of the transit authority or their successors. The\nprovisions of this title concerning the number of members of the\nauthority, the number thereof required for a quorum and to transact\nbusiness, the powers and functions of the chairman and his authority to\ndelegate the same, and the effect which the tenure of the members and\nchairman has upon the holding of other public office shall all be\napplicable with like force and effect to the directors of such\nsubsidiary corporation.\n  3. The subsidiary corporation shall have all of the powers vested in\nthe transit authority by section twelve hundred four of this title\nexcept those contained in subdivisions five, six, eight, nine, fourteen\nand sixteen thereof. In addition, such subsidiary corporation shall have\nthe following powers:\n  (a) pursuant to the provisions of this section, to maintain and\noperate the omnibus lines transferred to it by the city;\n  (b)  to appoint officers and employees, assign powers and duties to\nthem and fix their compensation.  Said officers and employees shall not\nbecome, for any purpose, employees of the city or of the transit\nauthority and shall not acquire civil service status or become members\nof the New York city employees' retirement system but, shall, for\npurposes of subparagraph (i) of paragraph three of subsection (c) of\nsection six hundred twelve of the tax law be deemed to be officers and\nemployees of a subdivision of the state;\n  (c) to improve, maintain and operate such buildings, structures and\nfacilities as may be necessary or convenient;\n  (d) with the consent of the transit authority, to use officers,\nemployees, agents and facilities of the transit authority and to\nreimburse the transit authority therefor;\n  (e) to utilize business methods and efficient procedures to promote\nthe safety and convenience of the traveling public, in the carrying out\nof its corporate purposes;\n  (f) to operate omnibus lines on those routes in the city of New York\nwhere on February twenty-eighth, nineteen hundred sixty-two, omnibus\nlines were operated under franchises or temporary certificates of\nconvenience and necessity which have been revoked, terminated, rescinded\nor condemned, or acquired by any other means, and to extend such routes\nso as to provide the complete service operated on February\ntwenty-eighth, nineteen hundred sixty-two; and such operation, together\nwith the necessary extensions, shall be deemed to constitute operation\nover approved routes with the same force and effect as if the said\nroutes had been duly approved by the board of estimate of the city, as\nprovided by law; and to operate on such other routes as the board may\nauthorize by resolution adopted only after a public hearing held after\nnotice thereof, and of the proposed route, and the proposed resolutions\nauthorizing the same, have been published in full for at least fifteen\ndays, except Sundays and legal holidays, immediately prior thereto in\nthe City Record, and at least twice in two newspapers published in the\nborough or boroughs affected, to be designated by the board.\n  4. Such subsidiary corporation and any of its property, functions and\nactivities shall have all of the privileges, immunities, tax exemptions\nand other exemptions of the transit authority.\n  5. The agreement between the city and the subsidiary corporation by\nwhich the said omnibus lines are leased shall provide as follows:\n  (a) for the rate or rates of fare to be charged on such omnibus lines,\nprovided, however, that from and after March first, nineteen hundred\nsixty-eight, the subsidiary corporation shall have full and exclusive\ncontrol over the setting of such rate or rates of fare;\n  (b) the subsidiary corporation shall be entitled to utilize the\nofficers, employees, agents, facilities and services of the city on the\nsame terms and conditions as are applicable to or provided to the\ntransit authority;\n  (c) capital costs not now charged by the transit authority as\noperating expenses shall be paid by the city; provided, however, that\nfrom and after March first, nineteen hundred sixty-eight, the subsidiary\ncorporation shall also have the right to incur capital costs in its own\nname to the extent that capital funds are available to it pursuant to\nthe provisions of sections twelve hundred nineteen-a and twelve hundred\nthree-b of this chapter or of any other law, which capital costs shall\nnot be payable by the city; and provided, further, that no project to be\nfinanced by the use of such capital funds which is estimated by the\nsubsidiary corporation to involve an expenditure in excess of one\nmillion dollars shall be commenced unless the mayor and the board of\nestimate shall each have been notified in writing by the subsidiary\ncorporation of the intent of the subsidiary corporation to undertake\nsuch project and of the nature thereof. No such project shall be\ncommenced if and to the extent that either the mayor or a majority in\nvoting power of the members of the board of estimate shall find that it\nis incompatible with sound planning for the development or redevelopment\nof the city, provided such finding, together with the reasons therefor,\nis set forth in a writing delivered to the subsidiary corporation within\nthirty days of the receipt by the mayor or the board of estimate, as the\ncase may be, of the notification of the subsidiary corporation relating\nto such project. Where the city is required to pay the capital costs of\nthe subsidiary corporation pursuant to such agreement, serial bonds or\ncapital notes may be issued by the city, pursuant to the local finance\nlaw, to finance any such costs. The subsidiary corporation shall submit\ntimely requests for the necessary capital funds to the city planning\ncommission and the mayor of the city;\n  (d) The initial working capital of the subsidiary corporation shall be\nadvanced by the city from any funds of the city (but not from borrowed\nfunds) in the form of a grant or a loan in such amount as the parties\nshall deem necessary but in no event shall the said amount exceed five\nmillion dollars. If in the form of a grant, the advance shall be deemed\nto be in partial consideration of the acceptance by the subsidiary\ncorporation of the initial transfer, in which case the sum shall not be\nrepaid, but if in the form of a loan, the amount of the advance shall be\nrepaid under such terms and conditions as shall be mutually agreed upon\nby the parties.\n  6. The provisions of section twelve hundred seven, subdivision one,\nsections twelve hundred eight, twelve hundred nine, twelve hundred\neleven, twelve hundred twelve, twelve hundred twelve-a, twelve hundred\nthirteen, twelve hundred fifteen, twelve hundred sixteen, twelve hundred\ntwenty and twelve hundred twenty-one of this title, shall apply to the\nsubsidiary corporation in the same manner as to the transit authority\nand the term "authority", as used in such sections shall be deemed to\napply to the subsidiary corporation.\n  7. Upon the written request of the mayor the subsidiary corporation\nshall permit reduced fares for one or more classes of omnibus line users\ndesignated by the mayor upon the agreement of the city to assume the\nburden of the resulting differential, together with the attendant\nadministrative costs of the subsidiary corporation, pursuant to\nprocedures satisfactory to the subsidiary corporation.\n  8. From and after March first, nineteen hundred sixty-eight, no\nsubstantial or general change in the levels of service furnished upon\nthe facilities of the subsidiary corporation shall be instituted except\nupon not less than thirty days' written notice to the mayor and to the\nboard of estimate.\n  9. The subsidiary corporation shall establish and publish or cause to\nbe published schedules for all passenger transportation services under\nits operation. Such schedules shall include the estimated departure and\narrival time at each terminal point of each route except that, on lines\nwhere the headway time during the period between six A.M. and seven P.M.\nis less than ten minutes, such headway time alone may be listed for that\nperiod. Such schedules shall also show the elapsed running time between\nthe terminal and each station. Schedules shall be made available on each\nomnibus operated on the line to which the schedule applies.\n  10. No acts or activities taken or proposed to be taken by the\nsubsidiary corporation pursuant to the provisions of paragraph (a) of\nsubdivision five or subdivision seven of this section shall be deemed to\nbe "actions" for the purposes or within the meaning of article eight of\nthe environmental conservation law.\n  11. The subsidiary corporation and its corporate existence shall\ncontinue until terminated by law, provided however, that no such law\nshall take effect so long as the subsidiary corporation or the transit\nauthority or any other of its subsidiaries shall have outstanding any\nnotes or bonds or lease, sublease or other contractual obligations\nissued or incurred pursuant to section twelve hundred seven-m of this\ntitle or issued or incurred in connection with the transfer of its\ninterest in and the lease from the transferee of any property furnished\nto it pursuant to chapter twelve of the laws of nineteen hundred\nseventy-nine or section fifteen of chapter three hundred fourteen of the\nlaws of nineteen hundred eighty-one, unless adequate provision has been\nmade for the payment or satisfaction of such outstanding notes, bonds,\nlease, sublease or other contractual obligations.\n
N.Y. ENV Law § 27-0926 — New York Code / Act ENV / Article 27 / Title 9 / Section 27-0926
Use and recycling of elemental mercury and dental amalgam by dentists
Status: in_force

§ 27-0926. Use and recycling of elemental mercury and dental amalgam by\n             dentists.\n  1. No dentist shall use or possess elemental mercury in the practice\nof dentistry unless such elemental mercury is contained in appropriate\npre-encapsulated capsules specifically designed for the mixing of dental\namalgam. All dentists shall recycle any elemental mercury, including any\npre-encapsulated mercury capsule waste, and dental amalgam waste\ngenerated in their dental practices in accordance with rules and\nregulations established by the commissioner.\n  2. The commissioner is hereby authorized and directed to promulgate\nrules and regulations necessary for the implementation of this section.\n
N.Y. PBA Law § 1892 — New York Code / Act PBA / Article 8 / Title 9-A / Section 1892
Purpose
Status: in_force

§ 1892. Purpose. There is hereby created a green jobs-green New York\nprogram. The purpose of the program is to:\n  1. promote energy efficiency, energy conservation and the installation\nof clean energy technologies;\n  2. reduce energy consumption and energy costs;\n  3. reduce greenhouse gas emissions;\n  4. support sustainable community development;\n  5. create green job opportunities, including opportunities for new\nentrants into the state's workforce, the long-term unemployed and\ndisplaced workers; and\n  6. use innovative financing mechanisms to finance energy efficiency\nimprovements through energy cost savings.\n
N.Y. ENV Law § 51-0905 — New York Code / Act ENV / Article 51 / Title 9 / Section 51-0905
Approval of municipal solid waste management projects
Status: in_force

§ 51-0905. Approval of municipal solid waste management projects.\n  1. Municipal solid waste recovery and management projects shall be\nundertaken pursuant to this title only with the approval of the\ncommissioner, and pursuant to an approved contract or contracts for\nstate assistance.\n  2. In reviewing applications for solid waste recovery and management\nprojects, the commissioner shall give due consideration to:\n  a. the adequacy of the municipality's solid waste recovery and\nmanagement system and its relationship to the needs or plans of other\narea municipalities;\n  b. the suitability and feasibility of the project in relation to the\nsolid waste recovery and management system and the area to be served;\n  c. the proportion of solid waste for which resource recovery is\ncontemplated;\n  d. implementation of the system or components thereof and their\nexpected terms of usefulness, singly or in combination;\n  e. present and projected population, land use, and rates and\ncomposition of solid waste generation;\n  f. potential or contemplated markets for recovered resources;\n  g. potential or contemplated opportunities for direct relationships\nwith other public facilities, such as for processing residual materials\nfrom existing incinerators or treating sludge from a sewage treatment\nplant;\n  h. intergovernmental arrangements integral to the project;\n  i. non-governmental arrangements integral to the project;\n  j. the urgency of the project, in relationship to all solid waste\nmanagement project needs in the state;\n  k. environmental soundness, including assurance that the project will\nmeet all applicable law, criteria, rules or regulations.\n  3. The state share of the cost of a municipal solid waste management\nproject shall not exceed fifty percent of the cost of resource recovery\nequipment and source separation equipment and twenty-five percent of the\ncost of disposal equipment. The commissioner may not otherwise limit the\nstate's share of the cost of small scale, low technology approaches to\nresource recovery.\n  4. The commissioner shall annually review the status of projects which\nhave been the subject of appropriations in furtherance of this title to\ndetermine whether sufficient progress has been made to warrant\ncontinuance of such appropriations. In making such determination, the\ncommissioner shall take into account whether and to what extent progress\nhas been made in accomplishing a project feasibility study, preparation\nand distribution of a request for proposals, the award of a design\ncontract, the award of a construction contract, the commencement of\nconstruction, the profferment of bonds by the municipality, or other\nfactors reasonably indicative of progress upon the project. Primary\nconsideration shall be given to the reallocation of funds to meet the\nrequirements of section 51-0901 of this title relative to small scale,\nlow-technology approaches. The commissioner shall annually submit his\ndetermination made hereunder, reflecting reallocations as appropriate,\nto the governor in a form and at a time sufficient to be taken into\naccount by the governor and legislature in fulfilling their budgetary\nresponsibilities.\n
N.Y. ENV Law § 71-0907 — New York Code / Act ENV / Article 71 / Title 9 / Section 71-0907
Powers and duties of enforcement officers
Status: in_force

§ 71-0907. Powers and duties of enforcement officers.\n  1. All officers and employees, designated by the commissioner, and all\npeace officers, when acting pursuant to their special duties and all\npolice officers, shall enforce all laws of the state relating to fish,\nwildlife, shellfish, crustacea, protected insects and game. Such\nofficers may include conservation officers, regional and assistant\nregional conservation officers, special game protectors, inspectors of\nthe office of parks and recreation, bay constables, and forest rangers.\n  2. All police officers, and all peace officers, when acting pursuant\nto their special duties, and all officers and employees of the\ndepartment, as may be designated by the commissioner, shall enforce the\nprovisions of title 21 of article 11 of the Fish and Wildlife Law, and\nthe provisions of article 71 applicable thereto, except that the\ndepartment and its enforcement officers are not obligated to enforce the\nprovisions of section 11-2113 prohibiting trespass upon lands privately\nowned, other than licensed game preserves and shooting preserves, unless\nthe trespass committed consists of (a) hunting, fishing or trapping or\ndisturbing wildlife; or (b) cutting, pulling or digging of trees; or (c)\nthe removal of trees.\n  3. The officers named in subdivision 1 shall enforce the provisions of\nthis chapter listed in section 71-0501 or under titles 5 through 15\ninclusive and title 33 of this article or of judgments obtained for\nviolation thereof, and shall have, particularly, the powers stated in\nsubdivision 4. Peace officers shall have the same powers as conservation\nofficers, and state police under the Fish and Wildlife Law, except the\npower to search without warrant.\n  4. Officers named in subdivision 1 shall have power:\n  a. To execute all warrants and search warrants issued for violation of\nthe Fish and Wildlife Law and to serve subpoenas issued for examination,\ninvestigation or trial of offenses against any of its provisions;\n  b. To search without search warrant any boat or vehicle of any kind,\nany box, locker, basket, creel, crate, game bag, package or any\ncontainer of any nature and the contents of any building other than a\ndwelling whenever they have cause to believe that any provision of this\narticle or of any law for the protection of fish, shellfish, crustacea,\nwildlife, game or protected insects has been or is being violated, and\nto use such force as may be necessary for the purpose of examination and\nsearch;\n  c. To search any dwelling and its contents, provided they have a\nsearch warrant to do so;\n  d. To arrest without warrant any person committing in their presence a\nmisdemeanor under the provisions of this chapter listed in section\n71-0501 or under titles 5 through 15 inclusive and title 33 of this\narticle and to take such person immediately before a magistrate having\njurisdiction for trial;\n  e. To seize as evidence without warrant any fish, shellfish,\ncrustacea, wildlife, game, or parts thereof, protected insects or\nplumage as defined in section 11-1729, whenever they have cause to\nbelieve it is possessed or transported in violation of law, or it bears\nevidence of illegal taking, or it is possessed or transported under\ncircumstances making the possession or transportation presumptive\nevidence of illegal taking;\n  f. To seize as evidence without warrant\n  (1) Any net, trap or other device constituting a nuisance as defined\nin section 71-0915;\n  (2) Any net, trap or device other than a boat, a vehicle, or aircraft\nor a firearm when they have cause to believe that its possession or use\nis in violation of any provision of the Fish and Wildlife Law or\nregulation pursuant thereto;\n  (3) Any firearm, when they have cause to believe that it has been used\nin a violation of the Fish and Wildlife Law constituting a misdemeanor\ninvolving the illegal taking or attempting to take wild deer;\n  (4) Any rakes, tongs, dredges, or device other than a boat or vehicle\nused, or in possession for purpose of use, for the taking of shellfish\nin violation of subdivisions 1 or 2 of section 13-0309.  For the\npurposes of this paragraph "device" includes a bird, dog, or other\nanimal used in or as an aid in taking fish or wildlife, any jack light,\nspot light or other artificial light other than a headlight attached in\nproper position to a motor vehicle, any hunting appliance or apparatus\nand any fishing or netting gear or tackle.  This paragraph does not\nlimit any power of seizure pursuant to warrant.\n  (5) Any boat or vehicle, when they have probable cause to believe it\nhas been used for the taking of shellfish in violation of subdivision 2\nor 3 of section 13-0309 of this chapter by a person possessing, at the\ntime of such use, commercial shellfish harvesting gear or shellfish in\nexcess of two pecks. For the purposes of this subparagraph "commercial\nshellfish harvesting gear" shall mean rakes, tongs, dredges and other\ndevices commonly used to harvest shellfish for commercial purposes.\n  5. To retain custody of and provide for the safekeeping of any thing\nseized as provided in paragraph e or f of subdivision 4 of this section,\nor deposit it for safekeeping with any police officer, as he deems\nappropriate, subject to regulations of the department, or of the\nSuperintendent of State Police in the case of a member of the state\npolice, and subject to order of any court having jurisdiction, until\ndetermination of any prosecution, civil or criminal, arising from the\nviolation or alleged violation with respect to which they are evidence.\n  6. No officer named in subdivision 1 shall compromise or settle out of\ncourt any civil liability for any violation of the Fish and Wildlife\nLaw.\n  7. No person shall fail or refuse to comply with any lawful order or\ndirective of any conservation officer or other person duly empowered to\nenforce all laws of the state relating to fish, wildlife, shellfish,\ncrustacea, protected insects and game.\n  8. Notwithstanding section 13-0334 of this chapter to the contrary, a.\nwhere a commercial fishing vessel, lawfully operating under the fishing\npermits of another state: (1) encounters or is forecasted to encounter\nunsafe weather conditions defined as high winds thirty-five knots or\ngreater or waves ten feet or higher or ice or other adverse condition\nthat make the continuation of the voyage unsafe and poses a risk to life\nand property, or (2) experiences a mechanical problem, that makes the\ncontinuation of the voyage unsafe and poses a risk to life and property\nincluding compromised hull integrity or pump failures or (3) experiences\na significant medical emergency which requires immediate medical\nattention necessary to protect the health of any person on board, or (4)\nexperiences loss of essential gear such as support systems that renders\nthe vessel unable to remain at sea said commercial fishing vessel may\ndock at a New York port. A sinking vessel or a vessel leaking oil or\nfuel may be otherwise directed when the safety of persons is maintained\nand the vessel poses a significant threat to the waters of New York. The\ncommercial fishing vessel may be required by the department to\nindependently verify the reason for the unscheduled dockage with a\nmechanic deemed qualified by New York state, the National Weather\nService or a medical professional, as appropriate. b. The fishing vessel\nshall immediately notify the department and the permitting state as soon\nas the danger is known and communication signals allow. The commercial\nfishing vessel shall provide the department with: (1) details on the\nvessel including the vessel captain's name; (2) identity of the\npermitting state; (3) the nature of the problem; (4) identity of the\nintended docking location, estimated time of arrival, and quantities and\ntypes of fish on board and, (5) a call back phone number or other method\nof contact. c. The commercial fishing vessel shall not offload cargo\nwithout the express authorization of and supervision by department\npersonnel. Authorization to offload fish may be granted where the fish\non board the vessel will become unmarketable due to the duration of the\nunscheduled dockage. Authorization may be limited according to the\nwillingness of the permitting state to accept the fish under that\nstate's fish allocation.\n
N.Y. PBA Law § 1204 — New York Code / Act PBA / Article 5 / Title 9 / Section 1204
General powers of the authority
Status: in_force

§ 1204. General powers of the authority. 1. To sue and be sued.\n  2. To have a seal and alter the same at pleasure.\n  * 3. To acquire, hold, use and dispose of equipment, devices and\nappurtenances, and other property for its corporate purposes, including,\nthe power to dispose of personal property with a value of five hundred\nthousand dollars or less by public auction in accordance with guidelines\nadopted by the metropolitan transportation authority pursuant to section\ntwelve hundred sixty-five of this article and title five-A of article\nnine of this chapter.\n  * NB Effective until June 30, 2028\n  * 3. To acquire, hold, use and dispose of equipment, devices and\nappurtenances, and other property for its corporate purposes.\n  * NB Effective June 30, 2028\n  3-a. To acquire by purchase or condemnation pursuant to the provisions\nof the condemnation law real property or rights or easements therein\nnecessary or convenient for the corporate purposes of the authority, and\nto use the same so long as its corporate existence shall continue.\n  3-b. To apply for and receive and accept grants of property, money and\nservices and other assistance offered or made available to it by any\nperson, government or agency whatever, which it may use to meet capital\nor operating expenses and for any other use within the scope of its\npowers, and to negotiate for the same upon such terms and conditions as\nthe authority may determine to be necessary, convenient or desirable.\n  4. To make rules and regulations for its organization and internal\nmanagement.\n  5. To appoint officers, assign powers and duties to them, and fix\ntheir compensation.\n  5-a. To make, amend and repeal rules governing the conduct and safety\nof the public as it may deem necessary, convenient or desirable for the\nuse and operation of the transit facilities under its jurisdiction,\nincluding without limitation rules relating to the protection or\nmaintenance of such facilities, the conduct and safety of the public,\nthe payment of fares or other lawful charges for the use of such\nfacilities, the presentation or display of documentation permitting free\npassage, reduced fare passage or full fare passage on such facilities\nand the protection of the revenue of the authority. Violations of such\nrules shall be an offense punishable by a fine of not exceeding\ntwenty-five dollars or by imprisonment for not longer than ten days, or\nboth, or may be punishable by the imposition by the transit adjudication\nbureau established pursuant to the provisions of this title of a civil\npenalty in an amount for each violation not to exceed one hundred\ndollars or, in the case of certain repeat violations relating to the\npayment of fares in accordance with subdivision eleven of section twelve\nhundred nine-a of this title, not to exceed one hundred fifty dollars\n(in each case exclusive of supplemental penalties, interest or costs\nassessed thereon), in accordance with a schedule of such penalties as\nmay from time to time be established by rules of the authority. Such\nschedule of penalties may provide for the imposition of supplemental\npenalties, not to exceed a total of fifty dollars for each violation,\nupon the failure of a respondent in any proceeding commenced with\nrespect to any such violation to make timely response to or appearance\nin connection with a notice of violation of such rule or to any\nsubsequent notice or order issued by the authority in such proceeding.\nThere shall be no penalty or increment in fine by virtue of a\nrespondent's timely exercise of their right to a hearing or appeal. The\nrules may provide, in addition to any other sanctions, for the\nconfiscation of tokens, tickets, cards or other fare media that have\nbeen forged, counterfeit, improperly altered or transferred, or\notherwise used in a manner inconsistent with such rules. The authority\nshall not use, or arrange for the use, of biometric identifying\ntechnology, including but not limited to facial recognition technology,\nto enforce rules relating to the payment of fares.\n  6. To appoint employees and fix their compensation subject to the\nprovisions of the civil service law and to grant, in its discretion,\ncash payments to the surviving spouse or to the legal representatives of\nits deceased employees, equal to the current monetary value of\naccumulated and unused vacation time, if any, and the monetary value of\naccumulated and unused overtime, if any, for overtime which was worked\nand credited subsequent to June fifteenth, nineteen hundred fifty-three,\ncomputed at the rate of salary in effect at the time the overtime was\nworked, standing to the credit of its employees as of the time of their\ndeath and, notwithstanding the provisions of section one hundred\nthirty-five of the civil service law or any other state or local law to\nthe contrary, to grant, in its discretion, severance pay to surplus\nemployees on separation from service.\n  7. To retain and employ counsel, auditors, engineers and private\nconsultants on a contract basis or otherwise for rendering professional\nor technical services and advice.\n  8. Pursuant to the provisions of this title, to construct,\nreconstruct, improve, maintain and operate any transit facility, whether\nnow existing, or constructed, acquired or provided in the future, and to\nfix fares on any such transit facilities.\n  9. To construct, reconstruct, improve, maintain and operate buildings,\nstructures and facilities as may be necessary or convenient and to\nmaintain and operate, directly or enter into contracts or leases for the\nacquisition, maintenance, and operation of areas for the parking of\nmotor vehicles in the vicinity of its transit facilities, and in its\ndiscretion to fix and charge for such parking a combination fee which\nshall include the established rate of fare for use of its transit\nfacilities.\n  9-a. To post signs notifying the public of the maximum fine for\nthrowing, dumping, or causing to be thrown, dumped, deposited or placed\nany refuse, trash, garbage, rubbish, litter, or any nauseous or\noffensive matter on subway tracks or the right-of-way of a subway,\npursuant to section fifty-two-e of the railroad law, to the extent that\nfunds for such signs are available.\n  10. With the consent of the city to use officers, employees, agents\nand facilities of the city paying to the city an agreed proportion or\namount of the compensation or costs involved.\n  11. To make or enter into contracts, agreements, deeds, leases,\nconveyances or other instruments necessary or convenient, and to assist\nand cooperate with the metropolitan transportation authority to carry\nout the powers of the metropolitan transportation authority in\nfurtherance of the purposes and powers of the authority as provided in\nthis article, including, without limitation, the transactions described\nin sections twelve hundred sixty-six-c, twelve hundred sixty-nine and\ntwelve hundred seventy-d of this article. This power shall include the\npower to make contracts with other persons operating transit facilities\nfor combined fares for the use of such facilities and the transit\nfacilities operated by the authority and for the division of such fares,\nand the power to make contracts for the transportation of the United\nStates mail or personal property.\n  12. To surrender to the city property no longer required by the\nauthority.\n  13. To rent space and grant concessions on or in any transit or other\nfacility under its jurisdiction, to fix and collect rentals, fees or\nother charges therefor, and to contract for the sale or disposition of\nwaste, products or by-products incidental to its operations or in excess\nof its requirements.\n  13-a. Notwithstanding the provisions of section fourteen hundred\ntwenty-three of the penal law or the provisions of any general, special\nor local law, code, ordinance, rule or regulation to the contrary the\nauthority may erect signs or other printed, painted or advertising\nmatter on any property, including elevated structures, leased or\noperated by it or otherwise under its jurisdiction and control and may\nrent, lease or otherwise sell the right to do so to any person, private\nor public.\n  14. To make plans, surveys and studies of transit facilities in the\ncity and prepare recommendations in regard thereto.\n  15. To exercise all requisite and necessary authority to manage,\ncontrol and direct the maintenance and operation of transit facilities\ntransferred to it for the convenience and safety of the public with\npower, in its discretion, to extend, modify, discontinue, curtail, or\nchange routes or methods of transportation where the convenience and\nsafety of the public would be served thereby or where existing routes or\nmethods are inefficient or uneconomical; provided, however, that (except\nin cases of emergencies) at least thirty days prior to any proposed\nmodification, discontinuance, curtailment or change of any transit route\nor method of transportation, the authority shall give notice of its\nintention to the board of estimate and shall, upon request of such board\nwithin such period, conduct a public hearing thereon.\n  16. In its discretion to provide and maintain a transit police\ndepartment and a uniformed transit police force. Such department and\nforce shall have the power and it shall be their duty, in and about\ntransit facilities, to preserve the public peace, prevent crime, detect\nand arrest offenders, suppress riots, mobs and insurrections, disperse\nunlawful or dangerous assemblages and assemblages which obstruct free\npassage; protect the rights of persons and property; guard the public\nhealth; regulate, direct, control and restrict pedestrian traffic;\nremove all nuisances; enforce and prevent violation of all laws and\nordinances; and for these purposes to arrest all persons guilty of\nviolating any law or ordinance. Appointments to such transit police\nforce shall be made in accordance with applicable provisions of the\ncivil service law and only persons who shall be less than twenty-nine\nyears of age at the date of the filing of an application for civil\nservice examination, who have never been convicted of a felony, and who\nare citizens of the United States shall be appointed transit patrolmen\non the transit police force. Each member of such force shall be a police\nofficer as defined by paragraph (e) of subdivision thirty-four of\nsection 1.20 of the criminal procedure law and shall possess all the\npowers of a police officer of a city in the execution of criminal\nprocess; and criminal process issued by any court or magistrate of a\ncity may be directed to and executed by a member of such force,\nnotwithstanding the provisions of any local or special act, ordinance or\nregulation.\n  The authority may appoint a chief and a deputy chief of the transit\npolice department who, in the discretion of the authority, may be\nselected from the ranks of the transit police force, and assign powers\nand duties to them and fix their compensation. The chief shall be the\nhead of such department. During the absence or disability of the chief,\nthe deputy chief shall possess all the powers and perform all the duties\nof the chief. The transit police force shall consist of captains,\nlieutenants, sergeants and police officers. The authority may detail\npersons in the rank of captain of the transit police force to serve in\nhigher ranks. A captain when so detailed to serve in a higher rank may\nbe granted an increase in salary above the grade established for the\nrank of captain in the uniformed force. The authority may maintain a\ndivision for detective purposes to be known as the detective division\nand may, from time to time, detail to service in said division as many\nmembers of the force as it may deem necessary, and may at any time\nrevoke any such detail. Any member of the force while so detailed may be\ngranted an increase in salary above the grade established for his or her\nrank in the uniformed force, but shall retain his or her rank in the\nforce and shall be eligible for promotion the same as if serving in the\nuniformed force, and the time during which he or she serves in such\ndivision shall count for all purposes as if served in his or her rank or\ngrade in the uniformed force.\n  16-a. The authority shall establish and publish or cause to be\npublished schedules for all passenger transportation services under its\noperation.  Such schedules shall include the estimated departure and\narrival time at each terminal point of each route except that, on lines\nwhere the headway time during the period between six A.M. and seven P.M.\nis less than ten minutes, such headway time alone may be listed for that\nperiod.  Such schedules shall also show the elapsed running time between\nthe terminal and each station. Schedules shall be made available at each\nfacility on the applicable route at which tokens or tickets are sold and\nshall be posted at each appropriate station operated by the authority.\n  17. To do all things necessary or convenient to carry out its purposes\nand for the exercise of the powers granted in this title.\n  18. A copy of any report submitted by the authority pursuant to\nsections twenty-eight hundred, twenty-eight hundred one and twenty-eight\nhundred two of this chapter shall be submitted contemporaneously to the\nmayor.\n  19. To invest any funds, accounts or other monies not required for\nimmediate use or disbursement, at the discretion of the authority, in\nany of the investments in which the metropolitan transportation\nauthority is permitted to invest its monies pursuant to subdivision four\nof section twelve hundred sixty-five of this article.\n
N.Y. PBA Law § 1876 — New York Code / Act PBA / Article 8 / Title 9 / Section 1876
High temperature technology research program established
Status: in_force

§ 1876. High temperature technology research program established.\nThere is hereby established the New York state high temperature\ntechnology research program at Rensselaer Polytechnic Institute.\n
N.Y. PBA Law § 381 — New York Code / Act PBA / Article 2 / Title 9 / Section 381
Further additional powers of the authority
Status: in_force

§ 381. Further additional powers of the authority. 1. The authority is\nhereby authorized, as additional corporate purposes thereof: (a) to\nissue bonds and notes and to incur obligations secured by the moneys as\nprovided in the service contracts authorized pursuant to section\nfourteen of the chapter of the laws of nineteen hundred ninety-one which\nenacted this section; and (b) to make available the proceeds from the\nsale of such bonds and notes, net of all costs to the authority in\nconnection therewith, to provide moneys to the authority to achieve the\nsame corporate purposes as set forth in section three hundred sixty-five\nof this chapter. The authority is further authorized to issue such\nobligations in an aggregate principal amount not to exceed eighty\nmillion dollars, exclusive of the principal amount of bonds, notes or\nother obligations issued and applied (1) to fund any related debt\nservice fund, or other reserve funds as may be needed, (2) to provide\ncapitalized interest, and (3) to provide fees and other charges and\nexpenses, including underwriters' discount and the purchase of any\ncredit or liquidity enhancement facilities, related to the issuance of\nbonds, notes or other obligations and the maintenance of such reserves,\nall as determined by the authority and excluding bonds, notes or other\nobligations issued to refund or otherwise repay bonds, notes or other\nobligations theretofore issued pursuant to this section. In computing\nthe total principal amount of bonds, notes or other obligations that may\nat any time be issued for any purpose under this section, the amount of\nthe outstanding bonds, notes or other obligations that constitutes\ninterest under the United States Internal Revenue Code of 1986, as\namended to the effective date of this section, shall be excluded.\nProvided, however, that upon any refunding or repayment, except in\nconnection with the termination of the existence of the authority or if\notherwise authorized by the legislature, the total aggregate principal\namount of outstanding bonds, notes or other obligations may be greater\nthan the amount authorized by this section only if the present value of\nthe aggregate debt service of the refunding or repayment bonds, notes or\nother obligations to be issued shall not exceed the present value of the\naggregate debt service of the bonds, notes or other obligations so to be\nrefunded or repaid. For purposes of this section, the present values of\nthe aggregate debt service of the refunding or repayment bonds, notes or\nother obligations and of the aggregate debt service of the bonds, notes\nor other obligations so refunded or repaid, shall be calculated by\nutilizing the effective interest rate of the refunding or repayment\nbonds, notes or other obligations, which shall be that rate arrived at\nby doubling the semi-annual interest rate (compounded semi-annually)\nnecessary to discount the debt service payments on the refunding or\nrepayment bonds, notes or other obligations from the payment dates\nthereof to the date of issue of the refunding or repayment bonds, notes\nor other obligations and to the price bid including estimated accrued\ninterest or proceeds received by the authority including estimated\naccrued interest from the sale thereof.\n  2. Such obligations shall be special limited obligations of the\nauthority, secured by and payable solely out of payments received\npursuant to service contract or contracts authorized by section fourteen\nof the chapter of the laws of nineteen hundred ninety-one which enacted\nthis section, funded by amounts appropriated by the legislature and any\nother funds appropriated by the legislature to the authority therefor,\nwithout recourse against any other assets, revenues or funds of or other\npayments due to the authority.\n  3. Such obligations shall contain on the face thereof a statement to\nthe effect that they shall not be deemed to be an obligation of the\nstate and that the state shall not be liable thereon.\n  4. Such obligations shall be scheduled to mature over a term not to\nexceed thirty years.\n  5. All the provisions of this title relating to bonds and notes, which\nare not inconsistent with the provisions of this section, shall apply to\nobligations authorized by this section, including, but not limited to,\nthe power to issue renewal notes or refunding bonds thereof.\n
N.Y. PBA Law § 1204-D — New York Code / Act PBA / Article 5 / Title 9 / Section 1204-D
Special powers of the authority
Status: in_force

§ 1204-d. Special powers of the authority. 1. The authority may enter\ninto a joint service arrangement with a bi-state agency, the state of\nNew Jersey, any state agency, authority, municipality or instrumentality\nof the state of New Jersey, the federal government and any common\ncarrier for the purpose of establishing bus transportation between the\nborough of Staten Island and locations in the state of New Jersey. A\njoint service arrangement between the authority and such entities shall\nmean an agreement or agreements relating to property, buildings,\nstructures, facilities, services, rates, classifications, fares,\ndivisions, allowances, charges, rules and regulations pertaining to or\nincidental to establishing and maintaining such bus transportation.\n  2. Any such joint service arrangement shall be authorized only by\nresolution of the authority approved by not less than a majority vote of\nthe whole number of members of the board of the authority then in\noffice, except that in the event of a tie vote the chairman shall cast\none additional vote.\n  3. All general powers of the authority shall be applicable to joint\nservice arrangements.\n
N.Y. ENV Law § 17-0905 — New York Code / Act ENV / Article 17 / Title 9 / Section 17-0905
Proceedings before the commissioner
Status: in_force

§ 17-0905. Proceedings before the commissioner.\n  1. The commissioner may, on his own motion, investigate or make\ninquiry, in a manner to be determined by him, as to the condition of any\nof the waters of the state and as to any alleged act of pollution or\nomission or failure to comply with any provisions of titles 1 to 11,\ninclusive, or title 19 of this article.\n  2. Whenever it shall appear to the commissioner, after investigation,\nthat there has been a violation of any of the provisions of titles 1 to\n11, inclusive, or title 19 of this article, he shall give written notice\nto the alleged violator or violators setting forth any thing or act done\nor omitted to be done or claimed to be in violation of any such\nprovisions, and requiring that the matters complained of be corrected,\nor that the alleged violator appear in person or by attorney before the\ncommisisoner or his duly designated representative, at the time and\nplace in said notice specified, and answer the charges complained of.\n  3. Whenever it shall appear to the commissioner, after investigation,\nthat industrial or other wastes turned or allowed to run into a sewer or\nsewage disposal system, the content of which ultimately is discharged\ninto the waters of the state, is a cause or contributes to the pollution\nof the said waters, he shall also notify the person or persons allowed\nto be responsible for the discharge of the industrial or other wastes\ninto the sewer or sewage disposal system of any alleged violations on\nhis or their part and shall notify him or them to appear at said hearing\nand answer the charges made against him or them.\n  4. At least twenty days' notice of such hearing shall be given.\n  5. Upon the return day of such notice the person so notified shall\nfile with the commissioner a statement setting forth the position of the\nperson so notified, the answer, if any, to the charges made against him,\nthe methods, practices and procedures, if any, which are being taken to\nprevent polluting discharges into the waters of the state or the sewer\nor sewage disposal system which ultimately empties into said waters, and\nany other defenses or information pertinent to the case. Pertinent and\nrelevant testimony of witnesses shall be received in support of or\nopposition to said statement.\n  6. The burden of proof with respect to violations of or liability\nimposed by titles 1 to 11, inclusive, and title 19 of this article\nshall, except as otherwise provided in section 71-1941, be upon the\ndepartment.\n  7. After due consideration of the written and oral statements, and\ntestimony and arguments filed pursuant to subdivision 5 above, or on\ndefault in appearance on said return day, the commissioner may issue and\nenter such final order or make such final determination as he deems\nappropriate under the circumstances, and shall notify such person or\npersons thereof in writing, personally, or by registered mail.\n
N.Y. ENV Law § 27-0917 — New York Code / Act ENV / Article 27 / Title 9 / Section 27-0917
Financial requirements for hazardous waste facilities
Status: in_force

§ 27-0917. Financial requirements for hazardous waste facilities.\n  1. Within eighteen months after the effective date of this section,\nthe commissioner shall promulgate regulations for hazardous waste\nfacilities identifying financial requirements to be included as\nconditions in hazardous waste facility permits for the remediation of\nfailures during operation and after facility closure, for facility\nclosure, and for pre-closure and post-closure facility monitoring and\nmaintenance. In promulgating regulations pursuant to this subdivision,\nthe department shall identify those regulations which vary from\napplicable federal rules and regulations. Such regulations shall:\n  (a) Reflect due consideration of relevant federal requirements and\nexcept where necessary to serve the public interest or where\ninconsistent with the purposes of this section, conform to regulations\npromulgated under the Resource Conservation and Recovery Act of 1976 and\nthe Comprehensive Environmental Response Compensation and Liability Act\nof 1980 but shall in no case be less stringent than such federal\nrequirements and regulations.\n  (b) Reflect due consideration of the sizes and locations of affected\nfacilities, the natures and volumes of hazardous waste involved, the\ntypes of facilities (treatment, storage or disposal) and the degrees and\ndurations of risk to human health or the environment.\n  (c) Provide for the establishment, administration, terms and\nconditions of the following methods or instruments to be used as\nalternatives or in combinations, in order to achieve non-duplicative\ncoverage of the financial assurance requirements mandated by this\nsection:\n  (i) Trust funds.\n  (ii) Surety or performance bonds.\n  (iii) Letters of credit.\n  (iv) Liability insurance or annuities.\n  (v) Guarantees provided by corporate or other legal or financial\naffiliates of the facility owner or operator.\n  (d) Establish:\n  (i) Exemptions for identified classes of facilities engaged in\ntreatment or storage of hazardous waste for which financial assurance\nrequirements for closure and post-closure monitoring and maintenance are\nunnecessary or inappropriate.\n  (ii) Financial criteria for the purpose of determining the financial\ncondition of permit applicants and permit holders. Such financial\ncriteria shall be established for the purpose of determining the\nrelative financial viability of permit holders and applicants. The\ndepartment shall establish standards of minimum financial viability\nbased on the criteria. Any permit holder or applicant meeting the\nminimum financial viability standard may select at its own discretion\nwhich of the methods or instruments described in paragraph (c) of this\nsubdivision will be used to meet the requirements of subdivision five of\nthis section. With respect to permit holders or applicants which do not\nmeet the minimum financial viability standards, the commissioner may in\nhis discretion determine which method or instrument or combination\nthereof shall be used to meet the requirements of subdivision five of\nthis section. Any decision by the commissioner with respect to\ndetermining which methods or instruments are to be used shall be\naccompanied by a finding regarding the public interest and shall set\nforth the reasons therefor.\n  (iii) Requirements for the initial and periodic submission by permit\nholders and applicants to the department of up to date financial data\nbased on the test criteria established pursuant to subparagraph (ii) of\nthis paragraph.\n  (iv) The duration of such financial requirements.\n  (v) The method for phasing-in financial requirements for existing\nfacilities.\n  2. The commissioner shall undertake an analysis of the use of a\nfinancial test as an alternative to the requirements for use of the\nfinancial assurances methods or instruments provided for in paragraph\n(c) of subdivision one of this section. In his analysis the commissioner\nshall consider relevant federal rules and regulations and their\nrationale, the use of such a test by other states, and the impact on\naffected business and industry as well as the public health and safety\nand any other factors he may consider relevant.\n  In undertaking such analysis, the commissioner shall conduct at least\none public hearing and shall make a finding as to whether or not the\npublic interest warrants the use of a financial test for the purposes\nstated herein and shall report such finding to the legislature within\ntwelve months of the effective date of this section.\n  In the event the commissioner finds that the public interest warrants\nuse of a financial test, the commissioner shall within eighteen months\nafter the effective date of this section, promulgate regulations making\nprovisions for use of a financial test. Any such regulations shall give\ndue consideration to relevant federal requirements and, except where\nnecessary to serve the public interest or where inconsistent with the\npurposes of this section, shall conform to relevant federal regulations\nbut shall in no case be less stringent.\n  3. Any owner or operator of an existing or proposed hazardous waste\nfacility may request a modification from the department of any of the\nfinancial requirements established pursuant to subdivision one of this\nsection. A modification may be granted in the discretion of the\ndepartment if such financial requirements are found to be unnecessary or\ninappropriate, consistent with public interest and the purposes of this\nsection and supported by written findings setting forth the reasons for\nthe modification. Such modification request shall be considered a\nrequest for modification of the permit for the facility pursuant to\narticle seventy of this chapter. In no case shall a modification granted\npursuant to this subdivision eliminate or reduce the minimum\nrequirements established in subdivision five of this section.\n  4. In addition to the financial requirements established pursuant to\nsubdivision one of this section, permits for the construction and\noperation of certain categories of hazardous waste facilities, as those\ncategories are defined in regulations, may, if the commissioner\ndetermines that adequate protection of the public so requires, include\nconditions related to any or all of the following, including\nresponsibility for the costs thereof:\n  (a) On-site environmental monitors whose function shall be to monitor\ncompliance with permit conditions. The commissioner may promulgate\nregulations regarding the use of such monitors.\n  (b) Site safety plans whereby the permittee shall establish, with the\ncooperation of local government officials, a community and project\nsafety plan, including but not limited to an accident response based on\na worst-case condition, on-site and off-site, a personnel training\nprogram, provisions for coordination with local emergency services and\nregular training exercises. Any such plan shall be subject to the\napproval of the department.\n  (c) Long term management plans, the purpose of which shall be to\ninsure that the permittee devotes adequate resources to the examination\nand implementation of technologies for hazardous waste management which\nprovide the maximum degree of environmental and public health protection\npracticable. The department shall, to the extent reasonably possible,\nmake available any information or data appropriate and consistent with\nthe purposes of this paragraph. Such a plan shall include but not be\nlimited to the following:\n  (i) An overview of existing technologies being employed at the\nfacility.\n  (ii) An analysis of alternate technologies available for the treatment\nor disposal of waste streams currently being managed or those which the\napplicant/permittee anticipates managing.\n  (iii) An assessment of marketing considerations related to the\nemployment of alternate technologies.\n  (iv) An evaluation of the feasibility of financing modifications to\nthe existing facility in order to employ the alternate technologies.\n  (v) A statement from the applicant/permittee regarding its intent to\nimplement the alternate technologies, where appropriate, and a detailed\ndiscussion of the measures the applicant/permittee will take to\nimplement the same.\n  5. Any permit issued by the department to construct or operate a\nhazardous waste facility shall, except pursuant to regulations\npromulgated pursuant to subdivision two of this section, require the\nowner or operator, or an affiliate thereof, to secure, at a minimum, one\nof the instruments of financial assurance provided for in paragraph (c)\nof subdivision one of this section. Such instruments shall be designed\nto insure proper facility closure, based on the estimates approved\npursuant to section 27-0918 of this chapter, and coverage of personal\ninjury and property damage to third parties caused by the operation of\nsuch facility. Such instruments shall from time to time be reviewed and\nupdated, pursuant to regulations promulgated by the department, to\ninsure their continued adequacy for the purposes of this section. The\nrequirements of this subdivision shall not apply to permits granted to\nthe state or to any facilities exempted pursuant to subparagraph (i) of\nparagraph (d) of subdivision one of this section.\n  6. If a permit holder or applicant relies upon the financial condition\nof a corporate parent or affiliate to meet any financial test or\ncriteria established pursuant to this title or regulations promulgated\nthereunder, the parent or affiliate shall guarantee the performance of\nall financial assurance requirements imposed pursuant to this title,\nincluding the costs of any closure and post-closure plan.\n  7. Within six months after the effective date of regulations\npromulgated pursuant to subdivision one of this section, owners or\noperators of all affected existing facilities shall make application for\na permit or permit modification to achieve compliance with such\nregulations, and immediately upon such effective date no application for\na permit for any proposed affected facility shall be complete for the\npurposes of article seventy of this chapter without complying with such\nregulations. Receipt of such applications by the department shall be\npublished in the next issue of the environmental notice bulletin\nfollowing receipt.\n  8. In the case of permits for the construction and operation of\ncommercial hazardous waste facilities which utilize secure landburial\nfacilities as a primary disposal technique, such permits shall include\nthe conditions enumerated in subdivision four of this section. In\naddition, the department shall establish qualifications for on-site\nenvironmental monitors to be stationed at such facilities. In order to\nenhance the ability of the department to monitor all aspects of a secure\nlandfill operator the qualifications shall include a requirement that\nsuch monitors be expert in at least one of the areas of geology,\nchemistry or engineering. The department shall ensure that the monitors\nassigned to a particular facility at any one time shall, to the extent\npossible, have different areas of expertise as among themselves. In\naddition the department shall establish a rotation of monitors, when\nmore than one such facility exists, to ensure no individual monitor is\nassigned to a particular facility for more than six months in any single\nyear.\n  9. The commissioner shall promulgate regulations establishing\nrequirements of financial responsibility to assure the completion of\ncorrective action required pursuant to subdivision two of section\n27-0911 or subdivision one of section 27-0913 of this title.\n
N.Y. PBA Law § 1899-A — New York Code / Act PBA / Article 8 / Title 9-A / Section 1899-A
Funds, administration and evaluation and coordination
Status: in_force

§ 1899-a. Funds, administration and evaluation and coordination. 1.\nThe authority is authorized to accept, as agent of the state, any gift,\ngrant, devise or bequest, whether conditional or unconditional,\nincluding but not limited to federal grants, and to use monies made\navailable for the program from any public or private source, for the\npurpose of implementing the components of the program as set forth in\nsection eighteen hundred ninety-three through section eighteen hundred\nninety-nine of this title, inclusive.\n  2. The authority shall be entitled to recover from the monies made\navailable for the program its own necessary and documented costs\nincurred in administering the program and evaluating the effectiveness\nof the program; provided, however, the sum that may be recovered for the\nauthority's administrative costs shall not exceed seven percent of the\nmonies made available for the program, and the sum that may be recovered\nfor the authority's evaluation costs shall not exceed five percent of\nthe monies made available for the program.\n
N.Y. ENV Law § 21-0913 — New York Code / Act ENV / Article 21 / Title 9 / Section 21-0913
Appraisal of commission
Status: in_force

§ 21-0913. Appraisal of commission.\n  On August 15, 1964, and at intervals of four years thereafter, the\nCommissioner of Environmental Conservation shall evaluate the role of\nthe Great Lakes Commission with respect to the interests of this state\nin the Great Lakes, and shall report to the commission thereon. The\nCommissioner of Environmental Conservation shall transmit a copy of such\nreport to the Governor. The Commissioner of Environmental Conservation\nmay make such additional reports to the Great Lakes Commission and the\nGovernor as he deems appropriate.\n
N.Y. PBA Law § 1879 — New York Code / Act PBA / Article 8 / Title 9 / Section 1879
Funds
Status: in_force

§ 1879. Funds. The New York state energy research and development\nauthority is hereby authorized to disburse funds to Rensselaer\nPolytechnic Institute to carry out the purposes of this program.\n
N.Y. SOS Law § 341-A — New York Code / Act SOS / Article 5 / Title 9-B / Section 341-A
Re-engagement; conciliation; refusal to participate
Status: in_force

§ 341-a. Re-engagement; conciliation; refusal to participate. 1. The\nprovisions of this section shall apply to persons who are residents of a\ncity having a population of one million or more people.\n  2. (a) Consistent with federal law and regulations and this title, if\na participant has failed or refused to comply with the requirements of\nthis title and the district has determined that he or she is not exempt\nfrom such requirements and has verified that appropriate child care,\ntransportation, and accommodations for disability were in place at the\ntime of such failure or refusal, the social services district shall\nissue a re-engagement notice in plain language indicating that such\nfailure or refusal has taken place and of the right of such participant\nto avoid a pro-rata reduction in public assistance benefits through the\nre-engagement process. "Re-engagement process" shall mean the process\nthrough which a participant may avoid a pro-rata reduction in public\nassistance benefits by agreeing to comply with the requirements of this\ntitle consistent with any medical condition which may limit the\nindividual's ability to participate in work activities, by notifying the\ndistrict that he or she has become exempt from the requirements of this\ntitle, or by resolving the reasons for such failure or refusal at a\nconciliation conference. The notice shall indicate that the participant\nhas ten days to request re-engagement with the district. The notice\nshall indicate the specific instance or instances of willful refusal or\nfailure to comply without good cause with the requirements of this title\nand the necessary actions that must be taken to avoid a pro-rata\nreduction in public assistance benefits and the district has verified\nthat appropriate child care, transportation and accommodations for\ndisability were in place at the time of such failure or refusal.\n  (1) If a participant chooses to avoid a pro-rata reduction in public\nassistance benefits through a conciliation conference, it will be the\nresponsibility of the participant to give reasons for such failure or\nrefusal. The re-engagement notice shall also include an explanation in\nplain language of what would constitute good cause for non-compliance\nand examples of acceptable forms of evidence that may warrant an\nexemption from work activities, including evidence of domestic violence,\nand physical or mental health limitations that may be provided at the\nconciliation conference to demonstrate such good cause for failure to\ncomply with the requirements of this title. Unless as part of the\nre-engagement process the participant does not agree to comply, has not\nbecome exempt or the district determines as a result of the conciliation\nconference that such failure or refusal was willful and without good\ncause, no further action shall be taken.\n  (2) If the participant does not contact the district within ten days\nof the re-engagement notice, the district shall make a finding of\nwhether the alleged failure or refusal to comply was willful and without\ngood cause and shall consider any evidence in the possession of the\ndistrict indicating that the participant has good cause and if the\nparticipant is otherwise participating in work activities, there shall\nbe no finding of willfulness without good cause based on a single\nappointment or infraction.\n  (b) If the district determines that such failure or refusal was\nwillful and without good cause, and that the individual is not exempt\nfrom the requirements of this title, the district shall notify such\nparticipant in writing, in plain language and in a manner distinct from\nany previous notice, by issuing ten days notice of its intent to\ndiscontinue or reduce assistance. Such notice shall include the reasons\nfor such determination, the specific instance or instances of willful\nrefusal or failure to comply without good cause with the requirements of\nthis title, shall verify that appropriate child care, transportation and\naccommodations for disability were in place at the time of such failure\nor refusal, and specify the necessary actions that must be taken to\navoid a pro-rata reduction in public assistance benefits, including\nagreeing to comply with the requirements of this title consistent with\nany medical condition which may limit the individual's ability to\nparticipate in work activities or notifying the district that he or she\nhas become exempt from the requirements of this title and the right to a\nfair hearing relating to such discontinuance or reduction.\n  3. (a) The department shall establish in regulation a conciliation\nprocedure for the resolution of disputes related to an individual's\nparticipation in programs pursuant to this title.\n  (b) The district shall contract with an independent entity, approved\nby the department, or shall use designated trained staff at the\nsupervisory level who have no direct responsibility for the\nparticipant's case to mediate disputes in the conciliation conference.\n  (c) If a participant's dispute cannot be resolved through such\nconciliation procedure, an opportunity for a fair hearing shall be\nprovided. No sanction relating to the subject dispute may be imposed\nduring the re-engagement process.\n  4. When any participant required to participate in work activities\nfails to comply with the provisions of this title, the social services\ndistrict shall take such actions as prescribed by appropriate federal\nlaw and regulation and this title.\n  5. Consistent with federal law and this title, a social services\ndistrict shall provide to those participants whose failure to comply has\ncontinued for thirty days or longer a written reminder of the option to\nend a sanction by terminating the failure to comply as specified in\nsubdivision two of this section. Such notice shall advise that the\nparticipant may immediately terminate the sanction by either agreeing to\ncomply with the requirements of this title consistent with any medical\ncondition which may limit the individual's ability to participate in\nwork activities or notifying the district that he or she has become\nexempt from the requirements of this title.\n  6. Consistent with federal law and regulation and this title, no\nnotice shall be issued as specified in subdivision two of this section\nunless it has been determined that the individual is not exempt from the\nrequirements of this title and has determined that appropriate child\ncare, transportation and accommodations for disability were in place at\nthe time of such failure or refusal to comply with the requirements of\nthis title and no action shall be taken pursuant to this section for\nfailure to participate in the program or refusal to accept employment\nif:\n  (a) child care for a child under age thirteen (or day care for any\nincapacitated individual living in the same home as a dependent child)\nis necessary for an individual to participate or continue participation\nin activities pursuant to this title or accept employment and such care\nis not available and the social services district fails to provide such\ncare;\n  (b) (1) the employment would result in the family of the participant\nexperiencing a net loss of cash income; provided, however, a participant\nmay not claim good cause under this paragraph if the social services\ndistrict assures that the family will not experience a net loss of cash\nincome by making a supplemental payment;\n  (2) net loss of cash income results if the family's gross income less\nnecessary work-related expenses is less than the cash assistance the\nparticipant was receiving at the time the offer of employment is made;\nor\n  (c) the participant meets other grounds for good cause set forth by\nthe department in its implementation plan for this title which, at a\nminimum, must describe what circumstances beyond the household's control\nwill constitute "good cause".\n
N.Y. RSS Law § 89-K — New York Code / Act RSS / Article 2 / Title 9 / Section 89-K
Retirement of deputy sheriffs and correction officers in Onondaga county
Status: in_force

§ 89-k. Retirement of deputy sheriffs and correction officers in\nOnondaga county. a. A member employed in Onondaga county shall be\neligible to retire pursuant to the provisions of this section if: (1) he\nis a deputy sheriff-jail division competitively appointed; or (2) he is\na correction officer. Such eligibility shall be an alternative to the\neligibility provisions available under any other plan of this article to\nwhich such member is subject.\n  b. Such member shall be entitled to retire upon the completion of\ntwenty-five years of total creditable service by filing an application\ntherefor in the manner provided for in section seventy of this article.\n  c. Upon completion of twenty-five years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement and an\nadditional pension which is the actuarial equivalent of the\nreserved-for-increased-take-home-pay to which he may then be entitled\nshall be sufficient to provide him with a retirement allowance equal to\none-half of his final average salary.\n  d. As used in this section "creditable service" shall include any and\nall services performed as a deputy sheriff-jail division competitively\nappointed or as a correction officer of Onondaga county.\n  e. Credit for service as a member or officer of the state police or as\na paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district, or as a criminal investigator in\nthe office of a district attorney, provided that service as such\ninvestigator shall have been rendered prior to January first, nineteen\nhundred sixty and that credit therefor shall not exceed five years,\nshall also be deemed to be creditable service and shall be included in\ncomputing years of total service for retirement pursuant to this\nsection, provided such service was performed by the member while\ncontributing to the retirement system pursuant to the provisions of this\narticle or article eight of this chapter.\n  f. The sheriff and the commissioner of correctional services of\nOnondaga county shall certify to the comptroller, periodically and at\nsuch intervals of time as may be required of him and in such fashion as\nmay be prescribed, the identity of the eligible deputy sheriffs-jail\ndivision competitively appointed and the eligible correction officers,\nrespectively.\n  g. A member, contributing on the basis of this section at the time of\nretirement, shall retire after the completion of twenty-five years of\ntotal creditable service. Application therefor may be filed in a manner\nsimilar to that provided in section seventy of this article. Upon\ncompletion of twenty-five years of such service and upon retirement,\neach such member shall receive a pension which, together with an annuity\nwhich shall be the actuarial equivalent of his accumulated contributions\nat the time of his retirement and an additional pension which is the\nactuarial equivalent of the reserve-for-increased-take-home-pay to which\nhe may then be entitled shall be sufficient to provide him with a\nretirement allowance equal to one-half of his final average salary.\n  h. In computing the twenty-five years of total service of a member\npursuant to this section full credit shall be given and full allowance\nshall be made for service of such member in time of war after World War\nI as defined in section two of this chapter, provided such member at the\ntime of his entrance into the armed forces was in the service of the\ncounty of Onondaga.\n  i. Nothing herein shall be construed to prevent a member, who does not\nretire pursuant to the provisions of this section, from utilizing\nservice which is creditable service pursuant to the provisions of this\nsection for service credit pursuant to the provisions of any other plan\nof this article to which such member is subject.\n  j. The provisions of this section shall be controlling notwithstanding\nany other provision in this article to the contrary.\n
N.Y. ENV Law § 11-0909 — New York Code / Act ENV / Article 11 / Title 9 / Section 11-0909
Hunting hours
Status: in_force

§ 11-0909. Hunting hours.\n  1. Bobcat, mink, muskrat, raccoon, coyote, fox and skunk may be taken\nat any hour, day or night.\n  2. Migratory game birds shall be taken only during the hours specified\nin regulations adopted by the department pursuant to section 11-0307.\n  3. a. Wild deer and bear, wild upland game birds, and small game other\nthan bobcat, mink, muskrat, raccoon, coyote, fox and skunk, taken in any\nopen season, shall be taken only between the hours of sunrise and\nsunset, unless otherwise provided in regulations of the department.\n  b. The department shall have the authority to establish by regulation\nhours of hunting wild deer and bear, wild upland game birds, and small\ngame, other than bobcat, mink, muskrat, raccoon, coyote, fox and skunk,\nduring the open season provided therefor.\n  c. Such regulations shall provide for uniform hunting hours for all\nspecies of game for which an open season is provided, during all or any\npart of the period covered by such regulations, other than bobcat, mink,\nmuskrat, raccoon, coyote, fox and skunk.\n  d. The department shall have the authority to provide in such\nregulations for different hours of hunting in different areas as set\nforth in such regulations, and shall have the authority in such\nregulations to provide for different hours of hunting for a part or\nparts of any open season.\n  e. A summary of regulations adopted pursuant to this subdivision shall\nbe published each year in the hunting and fishing syllabus of the\ndepartment issued pursuant to section 11-0323.\n
N.Y. PBA Law § 374 — New York Code / Act PBA / Article 2 / Title 9 / Section 374
Title not affected if in part unconstitutional
Status: in_force

§ 374. Title not affected if in part unconstitutional.  If any\nsection, clause or provision of this title shall be unconstitutional or\nbe ineffective in whole or in part, to the extent that it is not\nunconstitutional or ineffective, it shall be valid and effective and no\nother section, clause or provision shall on account thereof be deemed\ninvalid or ineffective.\n
N.Y. PBA Law § 1225-N — New York Code / Act PBA / Article 5 / Title 9-A / Section 1225-N
Assistance to the fund
Status: in_force

§ 1225-n. Assistance to the fund. The city may make grants of money or\nproperty to the fund for the purpose of enabling it to carry out its\npublic purposes and for the exercise of its powers. This section shall\nnot be construed to limit any other power the city may have to make such\ngrants to the fund.\n
N.Y. PBA Law § 1204-C — New York Code / Act PBA / Article 5 / Title 9 / Section 1204-C
Receipt of line of duty pay
Status: in_force

§ 1204-c. Receipt of line of duty pay. 1. A member of the New York\ncity transit authority police force in the rank of police officer or a\nmember of such force who is detailed or designated as a detective or who\nholds the position of sergeant or any position of higher rank, shall be\nentitled pursuant to this section to the full amount of his or her\nregular salary for the period of any incapacity due to illness or injury\nincurred in the performance and discharge of duty as a member of the\nforce, as determined by the authority, only in the event that a\ncollective bargaining agreement granting such entitlement pursuant to\nthis section has been entered into by the authority and the certified\nemployee organization representing such member. The first entitlement of\nany such member of the New York city transit authority police force to\nthe full amount of regular salary under this section shall commence on\nthe date of execution of the collective bargaining agreement providing\nfor such entitlement with respect to such member.\n  2. Nothing in this section shall be construed to affect the rights,\npowers and duties of the authority pursuant to any other provision of\nlaw, including, but not limited to, the right to discipline a police\nofficer by termination, reduction of salary, or any other appropriate\nmeasure; the power to terminate an appointee who has not completed his\nor her probationary term; and the power to apply for ordinary or\naccident disability retirement for a police officer.\n  3. Nothing in this section shall be construed to require payment of\nsalary to a member of the New York city transit authority police force\nwho has been terminated, retired, suspended or otherwise separated from\nservice by reason of death, retirement or any other cause.\n  4. A decision as to eligibility for benefits pursuant to this section\nshall not be binding on the medical board or the board of trustees of\nany pension fund in the determination of eligibility for an accident\ndisability or accidental death benefit.\n  5. As used in this section the term "incapacity" shall mean the\ninability to perform full, limited, or restricted duty.\n
N.Y. PBA Law § 2960 — New York Code / Act PBA / Article 9 / Title 9 / Section 2960
Interest rates
Status: in_force

§ 2960. Interest rates. Notwithstanding any other provisions of this\nchapter or the provisions of any other general, special or local law,\nany public authority may agree or contract to pay interest on its\ncertificates, notes or bonds, including those now outstanding, at such\nrate or rates, without limit, as may be necessary for an authority to\nsell such notes or bonds.\n
N.Y. PBA Law § 357-C — New York Code / Act PBA / Article 2 / Title 9 / Section 357-C
Indemnification and defense under shared services agreement
Status: in_force

§ 357-c. Indemnification and defense under shared services agreement.\n1.  The authority shall defend any unit, entity, officer or employee of\nthe department, using the forces of the department of law pursuant to\nsection three hundred sixty-two of this title in any action, proceeding,\nclaim, demand or the prosecution of any appeal arising from or\noccasioned by the acts or omissions to act in the performance of the\nfunctions of the authority pursuant to a shared services agreement.\n  2. Defense pursuant to subdivision one of this section shall be\nconditioned upon the full cooperation of the department.\n  3. The authority shall indemnify and hold harmless any unit, entity,\nofficer or employee of the department in the amount of any judgment\nobtained against the department or in the amount of any settlement the\ndepartment enters into with the consent of the authority for any and all\nclaims, damages or liabilities arising from or occasioned by the acts or\nomissions to act of the authority or its subsidiaries pursuant to a\nshared services agreement; provided, however, that the act or omission\nfrom which such judgment or settlement arose occurred while the\nauthority or its subsidiaries was acting within the scope of its\nfunctions pursuant to a shared services agreement. No such settlement of\nany such action, proceeding, claim or demand shall be made without the\napproval of the board or its designee.\n  4. Any claim or proceeding commenced against any unit, entity, officer\nor employee of the authority that arises pursuant to any shared services\nagreement shall not be construed in any way to impair, alter, limit,\nmodify, abrogate or restrict any immunity available to or conferred upon\nany unit, entity, officer or employee of the authority, or to impair,\nalter, limit, modify, abrogate or restrict any right to defense and\nindemnification provided for any governmental officer or employee by, in\naccordance with, or by reason of, any other provision of state or\nfederal statutory or common law.\n  5. This section shall not in any way affect the obligation of any\nclaimant to give notice to the state and the authority under section ten\nand section eleven of the court of claims act or any other provision of\nlaw provided, however, that notice served upon the state or the\nauthority shall be valid notice on both parties to the agreement, when\nsuch claim arises out of such agreement. The state and authority shall\nnotify each other when they receive a notice of claim, notice of\nintention to make a claim or a claim arising out of such agreement.\n  6. The provisions of this section shall not be construed to impair,\nalter, limit or modify the rights and obligations of any insurer under\nany insurance agreement.\n  7. Notwithstanding any other provision of law, when employed pursuant\nto a shared services agreement, employees of the authority, and its\nsubsidiaries and the department shall be deemed employees of all such\nentities and the state for purposes of the workers' compensation law.\n
N.Y. PBA Law § 1853 — New York Code / Act PBA / Article 8 / Title 9 / Section 1853
Approval power of the governor
Status: in_force

§ 1853. Approval power of the governor. 1. No action taken at any\nmeeting of the authority shall have force or effect until the governor\nshall have an opportunity to approve or veto the same.\n  2. For the purpose of procuring such approval or veto, the authority\nshall by rule designate an officer of the authority to transmit to the\ngovernor at the executive chamber in Albany a certified copy of the\nminutes of every meeting of the authority as soon after the holding of\nsuch meeting as such minutes can be written out. The governor shall,\nwithin fifteen days after such minutes shall have been delivered to the\nexecutive chamber as aforesaid, cause the same to be returned to the\nauthority either with his approval or with his veto of any action\ntherein recited as having been taken, provided, however, that if the\ngovernor shall not return the said minutes within the said period then\nat the expiration thereof any action therein recited shall have full\nforce and effect according to the wording thereof.\n  3. If the governor within the said period returns the said minutes\nwith a veto against any action recited therein, then such action shall\nbe null and void.\n  4. The governor may by order filed with the authority relieve the\nauthority from the duty of procuring his approval of its action upon any\nparticular matter or class of matters, and thereupon the authority shall\nbe relieved from reporting the same to him.\n
N.Y. PBA Law § 1225-Q — New York Code / Act PBA / Article 5 / Title 9-A / Section 1225-Q
Construction
Status: in_force

§ 1225-q. Construction. It is the intent of the Legislature that this\ntitle be construed liberally so as to effectuate the public and\ngovernmental purpose thereof.\n
N.Y. RSS Law § 375-C — New York Code / Act RSS / Article 8 / Title 9 / Section 375-C
Non-contributory retirement plan benefits
Status: in_force

§ 375-c. Non-contributory retirement plan benefits.  a. In addition to\nany retirement allowance to which a member may be entitled for services\nrendered at any time other than expressly provided for herein, any\nmember covered by the provisions of sections three hundred\nseventy-five-a or three hundred seventy-five-b of this chapter shall\nupon retirement, receive a service retirement pension for the herein\nprovided period of service, in accordance with the provisions of\nsubdivisions b, c or d hereof, as the case may be, which shall be in\nlieu of the service retirement pension and the pension for\nincreased-take-home-pay provided for in the sections of this chapter\nhereinafter referred to.\n  b. 1. A member who had been contributing for service retirement\nbenefits on the basis of any of the plans contained in sections three\nhundred seventy-one, three hundred seventy-one-a, three hundred\nseventy-two or three hundred seventy-five of this chapter, shall receive\nat retirement, for service rendered on and after April first, nineteen\nhundred sixty, a pension computed on the basis of one-sixtieth of his\nfinal average salary for each year of such service; provided, however,\npersons who last became members on or after July first, nineteen hundred\nseventy-three shall receive such pension only for service rendered on\nand after April first, nineteen hundred sixty and prior to July first,\nnineteen hundred seventy-four.\n  2. A member who had been contributing for service retirement benefits\non the basis of any of the plans contained in paragraph one hereof,\nshall receive at retirement, for service rendered before April first,\nnineteen hundred sixty, a pension computed on the basis of one-one\nhundred twentieth of his final average salary for each year of credited\nmember service plus one-sixtieth of his final average salary for each\nsuch year of credited prior service or service in war after world war I.\nNotwithstanding anything to the contrary contained in section three\nhundred seventy-five of this chapter, a member who had been contributing\nas aforesaid shall be eligible for superannuation retirement upon\nattainment of age fifty-five.\n  c. A member contributing for service retirement benefits on the basis\nof any of the plans contained in the sections numbered three hundred\neighty-one, three hundred eighty-one-a, three hundred eighty-two, three\nhundred eighty-three, three hundred eighty-three-a, three hundred\neighty-four, three hundred eighty-five, three hundred eighty-six, three\nhundred eighty-seven, three hundred eighty-eight, for service rendered\non and after April first, nineteen hundred sixty, a pension of\none-fiftieth of his final average salary for each year of such credited\nservice during this period, with the total allowance hereunder\ndetermined as defined and limited in the respective sections referred to\nin this paragraph c and with the additional proviso that any\ncontributions made by the member during the period referred to in this\nparagraph c shall be used at retirement to provide an additional annuity\nover and above the retirement allowance otherwise provided, except that\npersons who last became members on or after July first, nineteen hundred\nseventy-three shall receive such pension only for service rendered on\nand after April first, nineteen hundred sixty, and prior to July first,\nnineteen hundred seventy-four.\n  d. A member who had been contributing for service retirement benefits\non the basis of the plans contained in sections three hundred\neighty-four-b, three hundred eighty-four-d or three hundred\neighty-five-a of this chapter, shall receive at retirement, for service\nrendered on and after April first, nineteen hundred sixty a pension of\none-fortieth of his final average salary for each year of such credited\nservice during this period, with the total allowance hereunder\ndetermined as defined and limited in the section referred to in this\nparagraph d and with the additional proviso that any contributions made\nby the member during the period referred to in this paragraph d shall be\nused at retirement to provide an additional annuity over and above the\nretirement allowance otherwise provided, except that persons who last\nbecame members on or after July first, nineteen hundred seventy-three\nshall receive such pension only for service rendered on and after April\nfirst, nineteen hundred sixty and prior to July first, nineteen hundred\nseventy-four.\n  e. In addition to the pension hereinabove provided, a member shall\nreceive an annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of retirement.\n  f. The benefits hereinabove provided shall be payable unless the\nmember would otherwise under the provisions of this chapter be entitled\nto a greater benefit, in which event, the greater benefit shall be\npayable.\n
N.Y. PBA Law § 1207-H — New York Code / Act PBA / Article 5 / Title 9 / Section 1207-H
Remedies of bondholders and noteholders
Status: in_force

§ 1207-h. Remedies of bondholders and noteholders. 1. In the event\nthat the authority shall default in the payment of principal of or\ninterest on any issue of the bonds or notes after the same shall become\ndue, whether at maturity or upon call for redemption, and such default\nshall continue for a period of thirty days, or in the event that the\nauthority shall fail or refuse to comply with the provisions of this\ntitle, or shall default in any agreement made with the holders of any\nissue of bonds or notes, the holders of twenty-five per centum in\naggregate principal amount of the bonds or notes of such issue then\noutstanding, by instrument or instruments filed in the office of the\nclerk of the county of New York, or Queens or the Bronx or Kings and\nproved or acknowledged in the same manner as a deed to be recorded, may\nappoint a trustee to represent the holders of such bonds or notes for\nthe 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 or notes then\noutstanding shall, in his or its own name\n  (a) by a proceeding under article seventy-eight of the civil practice\nact or other suit, action or proceeding at law or in equity enforce all\nrights of the bondholders or noteholders, including the right to require\nthe authority and the board to collect fares and revenues adequate to\ncarry out any agreement as to, or pledge of, such fares and revenues,\nand to require the authority and the board to carry out any other\nagreements with the holders of such bonds or notes and to perform its\nand their duties under this title;\n  (b) bring suit upon such bonds or notes;\n  (c) by action or suit in equity, require the authority to account as\nif it were the trustee of an express trust for the holders of such bonds\nor notes;\n  (d) by action or suit in equity, enjoin any acts or things which may\nbe unlawful or in violation of the rights of the holders of such bonds\nor notes;\n  (e) declare all such bonds or notes due and payable, and if all\ndefaults shall be made good then with the consent of the holders of\ntwenty-five per centum of the principal amount of such bonds or notes\nthen outstanding, to annul such declaration and its consequences.\n  3. The Supreme Court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders or noteholders.  The\nvenue of any such suit, action or proceeding shall be laid in the county\nof New York, Queens, the Bronx, or Kings.\n  4. Before declaring the principal of all such bonds or notes due and\npayable the trustee shall first give thirty days' notice in writing to\nthe authority and the city.\n  5. Any such trustee, whether or not the issue of bonds or notes\nrepresented by such trustee has been declared due and payable, shall be\nentitled as of right to the appointment of a receiver of any part or\nparts of the fares or other revenues which are pledged for the security\nof the bonds or notes of such issue, and such receiver may enter and\ntake possession of such part or parts of the transit facilities of the\nauthority and, subject to any pledge or agreement with bondholders or\nnoteholders, shall take possession of all moneys and other property\nderived from or applicable to the maintenance and operation of the\ntransit facilities operated by the authority and operate, maintain and\nreconstruct such part or parts of said transit facilities and collect\nand receive all fares and other revenues thereafter arising therefrom,\nsubject to any pledge thereof or agreement with bondholders or\nnoteholders relating thereto, and perform the public duties and carry\nout the agreements and obligations of the authority under the direction\nof the court. In any suit, action or proceeding by the trustee the fees,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any fares and other\nrevenues derived from such transit facilities.\n  6. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders or noteholders in the enforcement and\nprotection of their rights.\n
N.Y. ENV Law § 21-0903 — New York Code / Act ENV / Article 21 / Title 9 / Section 21-0903
Representation on the commission
Status: in_force

§ 21-0903. Representation on the commission.\n  In pursuance of article four of the compact there shall be five\ncommissioners. One shall be the Commissioner of Environmental\nConservation or, if designated by him, one of his principal deputies.\nThe other four commissioners shall be designated by the Governor to\nserve at his pleasure. Each commissioner shall have three-fifths of one\nvote and is hereby given all of the powers conferred on a commissioner\nby the compact or which shall be necessary or incidental to the\nperformance of his functions as such a commissioner. It is hereby\nspecifically recognized that the interests and activities of the Great\nLakes Commission contemplate many aspects of the great lakes and of\ntheir relation to the member states. Accordingingly, it is declared to\nbe the legislative intent that each of the New York commissioners, and\nsuch commissioners as a group, shall confer and consult with all other\nagencies and officers of the state government whenever appropriate to\ncoordinate or make known the views and policies of such agencies and\nofficers with respect to the work of the commission or the interests of\nthe state in the great lakes basin.\n
N.Y. ENV Law § 11-0928 — New York Code / Act ENV / Article 11 / Title 9 / Section 11-0928
Tracking dogs
Status: in_force

§ 11-0928. Tracking dogs.\n  Notwithstanding any other provision of this chapter, the department\nmay by regulation provide for the certification of leashed tracking dogs\nand may authorize the use of such dogs by persons licensed by the\ndepartment to track and find dead, wounded or injured big game, and for\nthe certification of trained tracking dogs and may authorize the use of\nsuch dogs by persons licensed by the department to track bear pursuant\nto subdivision one of section 11-0521 of this article.\n
N.Y. ENV Law § 58-0901 — New York Code / Act ENV / Article 58 / Title 9 / Section 58-0901
Allocation of moneys
Status: in_force

§ 58-0901. Allocation of moneys.\n  Of the moneys received by the state from the sale of bonds pursuant to\nthe environmental bond act of 2022 for disbursements for state\nassistance for water quality improvement projects as defined by title\none of this article, not less than six hundred fifty million dollars\n($650,000,000) shall be available for water quality improvement projects\ndeveloped pursuant to section 58-0903 of this title. Not less than two\nhundred million dollars ($200,000,000) of this amount shall be available\nfor wastewater infrastructure projects undertaken pursuant to the New\nYork state water infrastructure improvement act of 2017 pursuant to\nparagraph e of subdivision one of section 58-0903 of this title, and not\nless than two hundred fifty million dollars ($250,000,000) shall be\navailable for municipal stormwater projects pursuant to paragraph a of\nsubdivision one of section 58-0903 of this title.\n
N.Y. LAB Law § 630 — New York Code / Act LAB / Article 18 / Title 9 / Section 630
Penalties
Status: in_force

§ 630. Penalties. Any misdemeanor defined in this title shall be\npunishable by a fine of not more than five hundred dollars or\nimprisonment for not more than one year, or both.\n  The penalties and misdemeanors imposed by this title are in addition\nto those otherwise prescribed in this entire article.\n
N.Y. PBA Law § 379 — New York Code / Act PBA / Article 2 / Title 9 / Section 379
Further additional powers of the authority to finance certain repayment obligations of the state in connection with the purchase of real ...
Status: in_force

§ 379. Further additional powers of the authority to finance certain\nrepayment obligations of the state in connection with the purchase of\nreal property for highway purposes. 1. (a) The authority is hereby\nauthorized, as a corporate purpose thereof, to issue bonds and notes in\nan aggregate principal amount not to exceed fifty million dollars and to\nmake available the proceeds from the sale of such bonds and notes, net\nof all costs to the authority in connection therewith, to the\ncommissioner, for the purposes of financing a portion of the repayment\nto the treasurer of the United States of funds in an amount as\ndetermined by the secretary of the United States department of\ntransportation to be equal to the amount of federal funds previously\nexpended as adjusted by credits received to acquire real property for\nthe portion of Interstate-478 which was withdrawn from the federal\ninterstate system in accordance with federal law. Provided, however,\nthat the authority shall not issue any bonds or notes authorized by this\nsection until the federal highway administration has ruled on an\napplication by the state, or the state and the city of New York, seeking\na waiver of the repayment obligation of the state and city for federal\nfunds expended to acquire real property for a portion of Interstate 478.\n  (b) Such bonds and notes shall be issued with the approval of the\ndirector of the budget and shall be special limited obligations of the\nauthority, secured by and payable solely out of certain lease payments\nmade by the state and funds and accounts held under the resolution\npursuant to which such bonds and notes are issued, without recourse\nagainst other assets, revenues or funds of or other payments due to the\nauthority.\n  (c) Such bonds and notes shall contain on the face thereof a statement\nto the effect that they shall not be deemed to be an obligation of the\nstate and the state shall not be liable thereon.\n  (d) Such bonds shall be scheduled to mature over a term not to exceed\nthirty years.\n  (e) The provisions of title ten of article nine of this chapter, shall\nnot apply in any way to the bonds or notes authorized to be issued by\nthis section.\n  (f) All the provisions of this title relating to bonds and notes,\nwhich are not inconsistent with the provisions of this section, shall\napply to the bonds and the notes authorized by this section, including,\nbut not limited to, the power to issue renewal notes or refunding bonds\nthereof.\n  2. (a) Notwithstanding any general, special or local law, the state,\nacting by and through the commissioner, shall have the power to convey\nto the authority or its successor agency, without public bidding, public\nsale, or public notice, for such term, and upon such terms and\nconditions as the parties thereto shall agree, a leasehold interest in\nthe real property purchased in part with federal funds in the name of\nthe state for the portion of then-designated Interstate-478 which was\nwithdrawn from the interstate system in accordance with federal law.\nAny lease entered into pursuant to the provisions of this section shall\nbe for a period not less than that for which debt service is due and\npayable on any bonds and notes issued by the authority pursuant to this\nsection and not more than thirty days after the period for which debt\nservice is due and payable on any bonds and notes issued by the\nauthority pursuant to this section.\n  (b) Notwithstanding the provisions of any general, special or local\nlaw, the state, acting by and through the commissioner, is hereby\nauthorized to lease from the authority or its successor agency its\ninterest in the real property purchased in part with federal funds in\nthe name of the state for the portion of the then-designated\nInterstate-478 which was withdrawn from the interstate system in\naccordance with federal law, such lease to be upon such terms and\nconditions as the parties thereto shall agree, provided that such lease\nshall: (i) be for a period not less than that for which debt service is\ndue and payable on any bonds and notes issued by the authority pursuant\nto this section and not more than thirty days after the period for which\ndebt service is due and payable on any bonds and notes issued by the\nauthority pursuant to this section, (ii) provide for lease rental\npayments equal to the amount needed to pay debt service on said notes or\nbonds as the same become due and equal to the amount needed to cover all\ndirect and/or indirect costs incurred by the authority and not\nreimbursed from bond proceeds, (iii) provide that during any year in\nwhich no debt service is due and payable on any such bonds and notes\nsuch lease rental payments shall be in an amount equal to one dollar,\n(iv) provide that the authority shall have no obligations or duties with\nrespect to such real property except as set forth in this section, (v)\nprovide that during such leasehold any future proposed acquisition,\ndisposition or new or different utilization, development or improvement\nof the real property subject to such leasehold interest shall be subject\nto the provision of paragraph b of subdivision five of section three\nhundred forty-b of the highway law, if applicable by the terms thereof,\n(vi) provide that the lease rental revenue stream thereunder may be\nassigned to a trustee for the payment of holders of bonds authorized by\nthis chapter but prohibit the assignment of any other interests in the\nland subject to such lease to said trustee, and (vii) provide that the\nobligation of the state to make such lease rental payments shall not\nconstitute a debt of the state within the meaning of any constitutional\nor statutory provision and shall be deemed executory only to the extent\nof moneys made available to the state, and that no liability on account\nthereof shall be incurred by the state beyond the moneys available for\nthe purpose thereof, and that any obligation to make lease rental\npayments shall be subject to annual appropriation by the legislature.\n  (c) The attorney general shall approve or disapprove of the form and\nsufficiency and manner of execution of any lease executed by the\ncommissioner pursuant to the provisions of this section.\n
N.Y. ENV Law § 11-0901 — New York Code / Act ENV / Article 11 / Title 9 / Section 11-0901
Prohibitions
Status: in_force

§ 11-0901. Prohibitions.\n  1. No person while in or on a motor vehicle, as defined in section\n11-0931 of this chapter, shall take wildlife other than migratory game\nbirds, or use any lights on any such vehicle for such purpose.\n  * 2. Wildlife shall not be taken on or from any public highway,\nexcept:\n  a. that in the forest preserve counties it may be taken from highways\nother than state, county or town highways; and\n  b. by a nuisance wildlife specialist with a permit issued pursuant to\nsection 11-0522 of this article provided that such activities are in\nfurtherance of the site-specific deer management plan.\n  c. by a nuisance wildlife specialist with a permit issued pursuant to\nsection 11-0522-a of this article provided that such activities are in\nfurtherance of the site-specific deer management plan.\n  * NB Effective until January 1, 2027\n  * 2. Wildlife shall not be taken on or from any public highway, except\nthat in the forest preserve counties it may be taken from highways other\nthan state, county or town highways.\n  * NB Effective January 1, 2027\n  3. a. Migratory game birds shall be taken only as permitted by\nregulations of the department adopted pursuant to section 11-0307.\n  b. Wild deer and bear shall not be taken except by gun, crossbow or by\nlong bow. Where an open season, set forth in the table of open seasons\nin section 11-0907 of this title or otherwise established by law or\nfixed by regulation, is specified as an open season for taking such game\nby shotgun or long bow only, or is specified as an open season for\ntaking such game by long bow only, they shall not be taken except as so\nspecified.\n  c. Wild small game and wild upland game birds shall be taken only by\nlongbow or gun, or by the use of raptors as provided in title 10 of this\narticle, except that:\n  (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken\nin any manner not prohibited in this section or in title 11 of the Fish\nand Wildlife Law;\n  (2) frogs may also be taken by spearing, catching with the hands, or\nby the use of a club or hook; and\n  (3) crossbows may be used but only by licensees who are fourteen years\nof age or older.\n  d. Muskrat shall not be taken by the use of a spear and shall not be\ntaken by shooting except that until the state of Vermont shall prohibit\ntaking of muskrats on Lake Champlain by shooting, muskrats may be taken,\nby shooting with a firearm not larger than twenty-two caliber, on Lake\nChamplain, exclusive of the tributary streams flowing into such lake.\nPossession of pierced or stabbed muskrats shall be presumptive evidence\nthat they were unlawfully taken. Wild mink shall not be taken by the use\nof firearms in the Northern Zone nor elsewhere within the state with a\nfirearm larger than twenty-two caliber. Skunk, raccoon, bobcat, mink and\nmuskrat shall not be taken by the use of smoke, chemicals, gas or\npoison. Beaver, fisher and otter shall not be hunted.\n  e. Wild pheasant shall be taken only by shotgun or long bow, or by the\nuse of raptors as provided in title 10 of this article. Except as\nspecifically authorized by regulation of the department adopted pursuant\nto section 11-1007 or whenever the department determines that the taking\nof hen pheasants will result in better pheasant management and not be\ndetrimental to the natural propagation of such pheasants, only male wild\npheasants shall be taken.\n  f. No wildlife shall be taken with an arrow with an explosive head or\nshaft, or with an arrow, dart or any device, propelled by any means,\nthat is used for the purpose of injecting or delivering any type of drug\ninto the blood system of such wildlife. Nothing in this paragraph shall\nbe construed as prohibiting a wildlife biologist or employee of the\ndepartment or anyone acting under a license from the department from\nusing any method to take wildlife if he is doing so within the scope of\nhis employment for the department, or pursuant to the license issued by\nthe department.\n  g. Wildlife shall not be taken by the use of a device commonly called\na spear gun.\n  4. a. Wild deer and bear shall not be taken in water.\n  b. No person shall hunt deer:\n  (1) with the aid of a dog, or aircraft of any kind; or\n  (2) with the aid of a jacklight, spotlight, headlight or other type of\nartificial light; or\n  (3) with a pistol, revolver or rifle using rim-fire ammunition; or\n  (4) with a shotgun of less than twenty gauge or loaded with shells\nother than shells each carrying a single round ball or a single slug,\nprovided however, the use of a shotgun of twenty gauge or larger having\na rifled barrel or a smooth bore barrel fitted with a rifled choke,\nloaded with shells each carrying a single round ball or a single slug,\nshall not be prohibited so long as only shells having a non-metallic\ncase, except for the base, are used; or\n  (5) with a long bow with a draw weight of less than thirty-five\npounds; or\n  (6) with an arrow or bolt with an arrowhead that measures less than\nseven-eighths of an inch at its widest point or that has fewer than two\nsharp cutting edges; or\n  (7) with the aid of a pre-established bait pile other than those areas\nestablished by standard agricultural production practices; or\n  (8) with an arrow with a barbed broadhead arrowhead; or\n  (9) with a crossbow unless such crossbow shall consist of a bow and\nstring, either compound or recurve, mounted upon a stock with a trigger\nthat holds the string and limbs under tension until released. The\ntrigger unit of such crossbow must have a working safety. The minimum\npeak draw weight of such crossbow shall be one hundred pounds.\n  c. No person shall hunt bear:\n  (1) with the aid of a dog, or aircraft of any kind; or\n  (2) with the aid of a jacklight, spotlight, headlight or other type of\nartificial light; or\n  (3) with a pistol, revolver or rifle using rim-fire ammunition; or\n  (4) with a shotgun of less than twenty gauge or loaded with shells\nother than shells each carrying a single round ball or a single slug,\nprovided however, the use of a shotgun of twenty gauge or larger having\na rifled barrel or a smooth bore barrel fitted with a rifled choke,\nloaded with shells each carrying a single round ball or a single slug,\nshall not be prohibited so long as only shells having a non-metallic\ncase, except for the base, are used; or\n  (5) with a long bow with a draw weight of less than thirty-five\npounds; or\n  (6) with an arrow or bolt with an arrowhead that measures less than\nseven-eighths of an inch at its widest point or that has fewer than two\nsharp cutting edges; or\n  (7) with the aid of a pre-established bait pile other than those areas\nestablished by standard agricultural production practices; or\n  (8) with an arrow with a barbed broadhead arrowhead; or\n  (9) with a crossbow unless such crossbow shall consist of a bow and\nstring, either compound or recurve, mounted upon a stock with a trigger\nthat holds the string and limbs under tension until released. The\ntrigger unit of such crossbow must have a working safety. The minimum\npeak draw weight of such crossbow shall be one hundred pounds.\n  d. The use upon land inhabited by deer or bear of a jacklight,\nspotlight or other type of artificial light by any person who is or is\naccompanied by a person who is in possession, at the time of such use,\nof a long bow, a crossbow or firearm of any kind, shall be presumptive\nevidence that such person is hunting deer or bear with the aid of such\nlight, in violation of this subdivision, unless:\n  (1) such long bow or crossbow is unstrung, or such a firearm is taken\ndown, or securely fastened in a case, or locked in the trunk of a\nvehicle, or\n  (2) the firearm is a pistol or revolver, or\n  (3) the firearm is not in or on a motor vehicle and is a rifle\ndesigned or adapted for use of rim-fire ammunition and neither the\nperson in possession of the gun, nor any member of his party, has in his\npossession any twenty-two caliber ammunition other than twenty-two\ncaliber rim-fire ammunition, or\n  (4) the firearm is not in or on a motor vehicle and is a shotgun and\nneither the person in possession of the gun, nor any member of his\nparty, has in his possession ammunition other than shells loaded with\nscatter shot of size number four or smaller.\n  e. (1) No person shall use a jacklight, spotlight or other type of\nartificial light upon lands inhabited by deer or bear within five\nhundred feet from a dwelling house, farm building or farm structure\nactually occupied or used, for the purpose of locating, spotting,\nharrying, worrying or otherwise disturbing deer or bear.\n  (2) The prohibition contained in subparagraph one of this paragraph\nshall not apply to (i) the owner or lessee of the dwelling house, or\nmembers of his immediate family residing therein, or a person in his\nemploy, or the guest of the owner or lessee of the dwelling house acting\nwith the consent of said owner or lessee; provided however, that nothing\nherein shall be deemed to authorize such persons to use a jacklight,\nspotlight or other type of artificial light within five hundred feet\nfrom any other dwelling house, farm building or farm structure actually\noccupied or used, for the purpose of locating, spotting, harrying,\nworrying or otherwise disturbing deer or bear or (ii) the authorized use\nof a spotlight or other artificial light regularly operated and\nmaintained by a police department or other law enforcement agency or by\nany local or state department or agency duly authorized to render\nservices for the protection of life and property.\n  5. a. Varying hares shall not be taken by the use of ferrets,\nfitch-ferrets or fitch.\n  b. Cottontail rabbits shall not be taken by the use of ferrets,\nfitch-ferrets or fitch unless permitted by regulation of the department\nor unless a permit for such taking has first been obtained from the\ndepartment.\n  c. The possession afield of ferrets, fitch-ferrets or fitch shall be\npresumptive evidence of their illegal use.\n  d. The department may adopt regulations specifying towns or counties\nin which ferrets, fitch-ferrets or fitch may be used to take cottontail\nrabbits. Whenever cottontail rabbits are injuring property on occupied\nlands, the department, on request of the owner or occupant of such\nlands, may issue a permit to use ferrets, fitch-ferrets or fitch to take\nthem if it is satisfied there exists sufficient damage to warrant its\nissuance.\n  6. Skunks shall not be taken from holes or dens by digging or by the\naid of dogs.\n  7. Raccoons shall not be taken from dens or houses or by cutting den\ntrees.\n  8. Traps shall not be used except as permitted in title 5 or title 11\nof the Fish and Wildlife Law.\n  9. No protected wild bird for which no open season is established by\nlaw or fixed by regulation shall be taken.\n  10. No wild game shall be taken except in an open season established\nby law as provided in section 11-0905, 11-0907 or 11-1103 or fixed by\nregulation as provided in section 11-0903, or in section 11-0307 in the\ncase of migratory game birds, or in section 11-1103, in the areas for\nwhich such open seasons are established or fixed, and during the hours\npermitted for such taking; nor shall any wild game be taken in excess of\nbag limits specified in section 11-0905 or section 11-0907, or fixed by\nregulation as provided in section 11-0903 or section 11-0307.\n  11. No long bow equipped with a mechanical device which is used to\ndraw, hold or release the bow string or arrow and which is attached to a\nportion of the bow other than the bow string may be used or carried\nafield. The shooting of a long bow shall only be accomplished by holding\nthe bow at arm's length, with arrow on the string, and may only be\ndrawn, pulled or released by hand.\n  12. Upland game birds shall not be taken with the aid of baiting or on\nor over any baited area.\n  13. Persons engaged in hunting deer and/or bear with a longbow must\npossess a current bowhunting privilege or a valid certificate of\nqualification in responsible bowhunting practices issued or honored by\nthe department.\n  14. It shall be unlawful for any person to organize, sponsor, conduct,\npromote, or participate in any contest, competition, tournament, or\nderby with the objective of taking or hunting wildlife for prizes or\nother inducement, or for entertainment. The remains of any wildlife\nkilled during the course of a contest, competition, tournament, or derby\nconducted in violation of this subdivision shall be forfeited by every\norganizer, promoter, participant or any other person conducting or\ninvolved in such contest, competition, tournament, or derby and the\nremains of such wildlife shall become the property of the department.\nThe provisions of this subdivision shall not apply to: (a) any contest,\ncompetition, tournament, or derby with the object of taking or hunting\nwhite-tailed deer, turkey, or bear; or (b) special dog training areas or\nfield trials pursuant to sections 11-0925 and 11-0927 of this title, or\nany similar canine performance events.\n  15. This section does not:\n  a. restrict the authority of any special permit or license issued by\nthe department;\n  b. limit title 11 or provisions of title 3, title 5, or title 19\nauthorizing taking of wildlife;\n  c. limit prohibitions set forth in any other section of the Fish and\nWildlife Law.\n  16. Notwithstanding any inconsistent provision of this section, the\ndepartment may adopt regulations to allow the taking of big game or\nsmall game by the use of a long bow equipped with a mechanical device\nfor holding and releasing the bowstring, attached to the handle section\nof an otherwise legal long bow, to any person with a physical disability\nwho is physically incapable of drawing and holding a long bow because of\na physical disability, subject to such restrictions as the department\nmay adopt by regulation. For the purpose of this subdivision, a person\nwith a physical disability shall mean any person who submits to the\ndepartment a statement of a physician duly licensed to practice medicine\nthat such person is physically incapable of arm movement sufficient to\ndraw, hold and release a long bow as defined in subdivision four of this\nsection or as otherwise defined in department regulation. The department\nis authorized to adopt regulations requiring documentation to establish\nthat an applicant is eligible to use a mechanical device pursuant to\nthis subdivision.\n  17. Notwithstanding any inconsistent provision of this section, the\ndepartment may issue to a physically disabled person a permit to take\nbig game or small game by the use of a cross-bow equipped with an\napparatus permitting release of the bowstring by means of such person's\ndischarge of breath. For the purposes of this subdivision, "physically\ndisabled person" shall mean any person who submits to the department a\nstatement of a physician duly licensed to practice medicine in this\nstate that such person is permanently physically incapable of arm\nmovement sufficient to release a pre-drawn bow authorized under\nsubdivision fifteen of this section.\n
N.Y. RSS Law § 89-O — New York Code / Act RSS / Article 2 / Title 9 / Section 89-O
Retirement of sheriffs, undersheriffs, deputy sheriffs and correction officers in Greene county
Status: in_force

§ 89-o. Retirement of sheriffs, undersheriffs, deputy sheriffs and\ncorrection officers in Greene county. a. A member employed in Greene\ncounty shall be eligible to retire pursuant to the provisions of this\nsection if: (1) he is a sheriff or undersheriff, or a deputy sheriff who\nis engaged directly in criminal law enforcement activities; or (2) he is\na correction officer. Such eligibility shall be an alternative to the\neligibility provisions available under any other plan of this article to\nwhich such member is subject.\n  b. Such member shall be entitled to retire upon the completion of\ntwenty-five years of total creditable service by filing an application\ntherefor in the manner provided for in section seventy of this article.\n  c. Upon completion of twenty-five years of such service and upon\nretirement, each such member shall receive a pension which, together\nwith an annuity which shall be the actuarial equivalent of his\naccumulated contributions at the time of his retirement and an\nadditional pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may then be entitled\nshall be sufficient to provide him with a retirement allowance equal to\none-half of his final average salary.\n  d. As used in this section "creditable service" shall include (1) in\nthe case of a sheriff, undersheriff or correction officer, any and all\nservices performed as a sheriff, undersheriff and/or correction officer\nof Greene county and all criminal law enforcement services performed as\na deputy sheriff of such county, provided, however, that criminal law\nenforcement service shall only be creditable when it aggregates fifty\nper centum or more of his service as a deputy sheriff and (2) in the\ncase of a deputy sheriff, all criminal law enforcement service shall\nonly be creditable when it aggregates fifty per centum or more of such\nservice and any and all services performed as a sheriff, undersheriff\nand/or correction officer of such county.\n  e. Credit for service as a member or officer of the state police or as\na paid firefighter, police officer or officer of any organized fire\ndepartment or police force or department of any county, city, village,\ntown, fire district or police district, or as a criminal investigator in\nthe office of a district attorney, provided that service as such\ninvestigator shall have been rendered prior to January first, nineteen\nhundred sixty and that credit therefor shall not exceed five years,\nshall also be deemed to be creditable service and shall be included in\ncomputing years of total service for retirement pursuant to this\nsection, provided such service was performed by the member while\ncontributing to the retirement system pursuant to the provisions of this\narticle or article eight of this chapter.\n  f. The sheriff shall certify to the comptroller, periodically and at\nsuch intervals of time as may be required of him and in such fashion as\nmay be prescribed, the identity of: (1) the deputy sheriffs in the\nsheriff's employ who are engaged directly in criminal law enforcement\nactivities; and (2) the eligible correction officers.\n  g. A member, contributing on the basis of this section at the time of\nretirement, shall retire after the completion of twenty-five years of\ntotal creditable service. Application therefor may be filed in a manner\nsimilar to that provided in section seventy of this article. Upon\ncompletion of twenty-five years of such service and upon retirement,\neach such member shall receive a pension which, together with an annuity\nwhich shall be the actuarial equivalent of his accumulated contributions\nat the time of his retirement and an additional pension which is the\nactuarial equivalent of the reserve-for-increased-take-home-pay to which\nhe may then be entitled shall be sufficient to provide him with a\nretirement allowance equal to one-half of his final average salary.\n  h. In computing the twenty-five years of total service of a member\npursuant to this section full credit shall be given and full allowance\nshall be made for service of such member in time of war after World War\nI as defined in section two of this chapter, provided such member at the\ntime of his entrance into the armed forces was in the service of the\ncounty of Greene.\n  i. Nothing herein shall be construed to prevent a member, who does not\nretire pursuant to the provisions of this section, from utilizing\nservice which is creditable service pursuant to the provisions of this\nsection for service credit pursuant to the provisions of any other plan\nof this article to which such member is subject.\n  j. The provisions of this section shall be controlling notwithstanding\nany other provision in this article to the contrary.\n
N.Y. PBA Law § 1880 — New York Code / Act PBA / Article 8 / Title 9 / Section 1880
Legislative findings and declaration of intent
Status: in_force

§ 1880. Legislative findings and declaration of intent. The\nlegislature hereby finds that improvement in the efficiency of\nelectrical transmission will enable utilities to conserve fossil fuel,\nincluding imported oil, by increasing the capacity of transmission\nlines. The legislature further finds that experiments in high phase\norder electric transmission indicate that transmission efficiency may be\nable to be increased by over seventy percent and that, if practical,\nwill reduce the need to construct new rights of way, produce lower\nelectric and magnetic fields, less radio and television interference at\nless cost and environmental impact. The legislature therefore declares\nthat high phase order technology be tested under actual operating\nconditions.\n
N.Y. SOS Law § 336-A — New York Code / Act SOS / Article 5 / Title 9-B / Section 336-A
Educational activities
Status: in_force

§ 336-a. Educational activities.  1. Social services districts shall\nmake available vocational educational training and educational\nactivities. Such activities may include but need not be limited to, high\nschool education or education designed to prepare a participant for a\nhigh school equivalency certificate, basic and remedial education,\neducation in English proficiency, education or a course of instruction\nin financial literacy and personal finance that includes instruction on\nhousehold cash management techniques, career advice to obtain a well\npaying and secure job, using checking and savings accounts, obtaining\nand utilizing short and long term credit, securing a loan or other long\nterm financing arrangement for high cost items, participation in a\nhigher education course of instruction or trade school, and no more than\na total of four years of post-secondary education (or the part-time\nequivalent).  Educational activities pursuant to this section may be\noffered with any of the following providers which meet the performance\nor assessment standards established in regulations by the commissioner\nfor such providers: a community college, licensed trade school,\nregistered business school, or a two-year or four-year college;\nprovided, however, that such post-secondary education must be necessary\nto the attainment of the participant's individual employment goal as set\nforth in the employability plan and such goal must relate directly to\nobtaining useful employment. When making an assignment to any\neducational activity pursuant to this subdivision, such assignment shall\nbe permitted only to the extent that such assignment is consistent with\nthe individual's assessment and employment plan goals in accordance with\nsections three hundred thirty-five and three hundred thirty-five-a of\nthis title and shall require that the individual maintains satisfactory\nacademic progress and hourly participation is documented consistent with\nfederal and state requirements. For purposes of this provision\n"satisfactory academic progress" shall mean having a cumulative C\naverage, or its equivalent, as determined by the academic institution.\nThe requirement to maintain satisfactory academic progress may be waived\nif done so by the academic institution and the social services district\nbased on undue hardship caused by an event such as a personal injury or\nillness of the student, the death of a relative of the student or other\nextenuating circumstances. Participation in an educational and/or\nvocational training program, that shall include, but not be limited to,\na two-year post-secondary degree program, which is necessary for the\nparticipant to attain their individual employment goal and is likely to\nlead to a degree or certification and sustained employment, shall be\napproved consistent with such individual's assessment and employability\nplan to the extent that such approval does not jeopardize the state's\nability to comply with federal work participation rates, as determined\nby the office of temporary and disability assistance.\n  2. When a district contracts with a proprietary vocational school to\nprovide vocational educational training to participants, not more than\ntwenty-five percent of the approved duration of the program shall be\ndevoted to preparation for a high school equivalency diploma or\ninstruction in English for students with limited proficiency in English.\nParticipants needing instruction in basic literacy shall be referred to\nbasic education programs. Instructors employed by proprietary schools to\nprepare a participant for a high school equivalency certificate or for\neducation in English proficiency shall meet experience requirements\nestablished by the regulations of the commissioner of education.\n  3. When a participant is assigned to an appropriate vocational\neducational or educational activity and such activity is available at no\ncost to the social services district through the school district or\nboard of cooperative educational services in which the participant\nresides or through another agency or organization providing educational\nservices, the social services district shall refer the participant to\nsuch district, board, agency or organization.\n  4. To the extent provided in paragraphs (a) through (d) of this\nsubdivision and if resources permit, each social services official shall\nassign to appropriate educational activities any participant who has not\nobtained a high school diploma or its equivalent:\n  (a) In accordance with the provisions of this chapter, any such\nparticipant who is under age eighteen shall be required to attend\neducational activities designed to prepare the individual for a high\nschool degree or equivalency certificate. Participants who are not\nsubject to compulsory school attendance requirements may be exempted\nfrom the requirements of this paragraph under criteria established by\nthe department in consultation with the state education department and\nconsistent with federal law and regulations.\n  (b) Any such participant who is age eighteen or nineteen shall be\nassigned to educational activities, except that the district shall\nassign such participant to employment and/or other activities under this\ntitle if the district has determined that such alternative activities\nare consistent with the participant's employability plan and, pursuant\nto department regulations, there has been a determination by the\ndistrict based on such plan that educational activities are not\nappropriate for such participant or that the participant has failed to\nmake good progress in such educational activities.\n  (c) Any such participant who is an adult in a two-parent family and is\nunder age twenty-five may be required to participate in educational\nactivities consistent with his or her employment goals set forth in the\nemployability plan.\n  (d) The social services official shall not assign a participant\ndescribed in this subdivision to any activities which interfere with the\neducational activities assigned pursuant to such participant's\nemployability plan and described in this subdivision.\n  5. Any applicant for or recipient of public assistance pursuing\nactivities described in this subdivision shall not be assigned to any\nother activity prior to conducting an assessment and developing an\nemployability plan as prescribed in section three hundred thirty-five or\nthree hundred thirty-five-a of this title. Local social services\ndistricts may periodically reevaluate a participant's employment plan\nand make assignments to other work activities in order to meet\nparticipation rates, giving due consideration to the participant's\nprogress in the current, and if applicable, prior program.\n  6. Nothing required in this section shall be construed to supersede\nthe eligibility requirements of teen parents as set forth in this\nchapter.\n
N.Y. PBA Law § 1225-I — New York Code / Act PBA / Article 5 / Title 9-A / Section 1225-I
Payments to the fund
Status: in_force

§ 1225-i. Payments to the fund. (a) To further enable the fund to\nrealize its public and governmental purpose the city shall, in addition\nto any other financial assistance, annually pay to the fund in respect\nto each city fiscal year an amount equal to the aggregate of all rentals\nand other payments due and coming due to the transportation authority\nfrom the fund for that city fiscal year pursuant to any lease or other\nagreement entered into between the transportation authority and the\nfund, which amount shall be payable on or before the fifteenth day of\nSeptember of such city fiscal year, provided however, that such amount\nshall have been appropriated by the city to the fund or shall otherwise\nhave been made lawfully available for such purpose.\n  (b) In the event of the failure of the city to pay to the fund, on or\nbefore such fifteenth day of September, all or part of such amount, the\nfund or its designate shall forthwith make and deliver to the\ncomptroller of the state a certificate stating such amount and the sum,\nif any, paid by the city to the fund with respect to such amount and\nfurther stating the difference between such amount and such sum, and,\nafter the state comptroller shall have promptly given written notice to\nthe budget director, such difference shall be paid to the fund or its\ndesignate whichever makes and delivers such certificate by the state\ncomptroller out of any succeeding payments of state aid apportioned to\nthe city as per capita aid for the support of local government pursuant\nto section fifty-four of the state finance law or such other aid or\nassistance payable by the state to the city and not otherwise allocated\nas shall supersede or supplement such state per capita aid, including\nfederal moneys apportioned to the city by the state; except, however,\nthat prior to any deductions from any such aid or assistance, the\nmoneys, if any, then payable to the city university construction fund\npursuant to the provisions of the city university construction fund act\nor to the New York city housing development corporation pursuant to the\nNew York city housing development corporation act or to the transit\nauthority pursuant to chapter seven of the laws of nineteen hundred\nseventy-two shall be paid in full to such fund, corporation or\nauthority.\n  (c) Since the fund's continued discharge of its public and\ngovernmental purpose to provide transit facilities is of benefit to the\ncity, the city shall pay, within the appropriations available therefor,\nthe expenses of the establishment and continued operation of the fund.\n  (d) The city shall have the power to enter into agreements with the\ntransportation authority to which the transit authority may be a party,\nto pay for planning, design and feasibility studies undertaken or caused\nto be undertaken by the transportation authority.\n  (e) Notwithstanding any other provision of law, the city shall have\nthe power to contract indebtedness and to issue its obligations pursuant\nto the local finance law for the purpose of financing any payment\nauthorized or required to be made by this section. Any such payment\nshall constitute an object or purpose for which the period of probable\nusefulness is hereby determined to be five years.\n
N.Y. RSS Law § 378-A — New York Code / Act RSS / Article 8 / Title 9 / Section 378-A
Cost-of-living adjustment
Status: in_force

§ 378-a. Cost-of-living adjustment. a. A cost-of-living adjustment\nshall be payable on the basis provided for in this section to: (i) all\npensioners who have attained age sixty-two and have been retired for\nfive years; (ii) all pensioners who have attained age fifty-five and\nhave been retired for ten years; and (iii) all disability pensioners\nregardless of age who have been retired for five years.\n  b. Said cost-of-living adjustment shall be a percentage of the annual\nretirement allowance otherwise payable, computed without optional\nmodification, but including any benefit derived from subdivision f of\nthis section and any prior year's cost-of-living adjustment derived from\nthis section. Said percentage is set forth in subdivision d of this\nsection.\n  c. Said cost-of-living adjustment shall be computed on a base benefit\namount not to exceed eighteen thousand dollars of the annual retirement\nallowance defined in subdivision b of this section.\n  d. The percentage referred to in this section shall be determined\nannually by reference to the consumer price index (all urban consumers,\nCPI-U, U.S. city average, all items, 1982-84=100), published by the\nUnited States bureau of labor statistics, for each applicable calendar\nyear. Said percentage shall equal fifty percent of the annual inflation,\nas determined from the increase in the consumer price index in the one\nyear period ending on the March thirty-first prior to the cost-of-living\nadjustment effective on the ensuing September first. Said percentage\nshall then be rounded up to the next higher one-tenth of one percent and\nshall not exceed three percent nor be less than one percent.\n  e. Said cost-of-living adjustment shall be payable in monthly\ninstallments and shall take effect September first of each year\ncommencing with a payment for the month of September, two thousand one,\nor, if later, as soon as practicable after the retired member first\nbecomes eligible to receive the benefits provided pursuant to\nsubdivision a of this section.\n  f. Commencing September first, two thousand, all retired members who\nhave retired prior to the calendar year nineteen hundred ninety-seven\nand who meet the eligibility criteria set forth in subdivision a of this\nsection shall be paid an adjusted benefit in monthly installments on the\nbasis provided for in this subdivision. Said adjusted benefit shall be\nequal to a percentage of the change in consumer price index (all urban\nconsumers, CPI-U, U.S. city average, all items, 1982-84=100), published\nby the United States bureau of labor statistics, measured from the year\nof retirement through calendar year nineteen hundred ninety-seven\naccording to the following schedule:\n      Year of retirement                     Percentage\n      1968 through 1996                      50%\n      1966 and 1967                          55%\n      1965                                   60%\n      1964                                   65%\n      1963                                   70%\n      1962                                   80%\n      1961                                   90%\n      prior to 1961                          100%\nSaid  adjusted benefit shall be computed on a base benefit amount not to\nexceed eighteen thousand dollars of the retirement  allowance  otherwise\npayable,  computed  without  optional modification. Any benefit received\npursuant to this subdivision shall be in lieu of  any  benefit  received\npursuant to section three hundred seventy-eight of this title.\n  g. Notwithstanding any other provision of law, the surviving spouse of\na deceased retired member who retired under an option which provides\nthat benefits are to be continued for life to the surviving spouse after\nthe death of the retired member, shall be entitled to receive benefits\npursuant to this section. Said benefits shall be fifty percent of the\nmonthly benefits which the pensioner would be receiving pursuant to this\nsection if living, and shall commence (i) with a payment for the month\nof September, two thousand, or (ii) the month following the death of the\ndeceased retired member, whichever is later.\n  h. The benefits provided pursuant to this section shall be in lieu of\nthe benefits presently provided by section five hundred ten or article\nfour or six of this chapter unless such benefits are in excess of those\nprovided by this section, in which case such benefits shall be paid by\nthe retirement system pursuant to such provision.\n
N.Y. PBA Law § 361-D — New York Code / Act PBA / Article 2 / Title 9 / Section 361-D
Agreement with the office of parks, recreation and historic preservation
Status: in_force

§ 361-d. Agreement with the office of parks, recreation and historic\npreservation. Notwithstanding any other provision of law, and consistent\nwith agreements with bondholders and noteholders, the authority may\nenter into agreements and contracts with the office of parks, recreation\nand historic preservation permitting the use of an electronic toll\ncollection system used by the authority or components thereof for\npayment of any entrance fee or parking fee at any historic site, park or\nrecreational facility subject to the provisions of this chapter,\npolicies and such other conditions as may be established by the\nauthority.\n
N.Y. SOS Law § 331 — New York Code / Act SOS / Article 5 / Title 9-B / Section 331
Policies and purposes
Status: in_force

§ 331. Policies and purposes. 1. It is hereby declared to be the\npolicy of the state that there be programs under which individuals\nreceiving public assistance will be furnished work activities and\nemployment opportunities, and necessary services in order to secure\nunsubsidized employment that will assist participants to achieve\neconomic independence. Such programs shall be established and operated\nin accordance with the provisions of this title and in compliance with\nfederal and state law and regulations.\n  2.  A social services district may contract or establish agreements\nwith entities which comply with the standards to be established in\nregulations by the commissioner to provide work activities, including\nbut not limited to, job training partnership act agencies, state\nagencies, school districts, boards of cooperative educational services,\nnot-for-profit community based organizations, licensed trade schools or\nregistered business schools, libraries, post-secondary educational\ninstitutions consistent with this title, and educational opportunity\ncenters and local employers.  A district shall, to the extent\npracticable and permitted under federal requirements, develop\nperformance based contracts or agreements with such entities.  Such\nstandards shall include an evaluation procedure to ensure that services\noffered by a provider are sufficient to enhance substantially a\nparticipant's opportunity to secure unsubsidized employment or, when\ncoupled with or provided in conjunction with other activities, represent\npart of a comprehensive approach to enabling a participant to secure\nunsubsidized employment.  Notwithstanding the provisions of section one\nhundred fifty-three of this article, expenditures pursuant to contracts\nor agreements with providers who do not meet the standards for approval\nof providers as defined in regulations will not be eligible for\nreimbursement by the department.\n  3.  No social services district shall, in the exercising of the powers\nand duties established in this title, permit discrimination on the basis\nof race, color, national origin, sex, religion or handicap, in the\nselection of participants, their assignment or reassignment to work\nactivities and duties, and the separate use of facilities or other\ntreatment of participants.\n
N.Y. PBA Law § 732 — New York Code / Act PBA / Article 3 / Title 9 / Section 732
Existing rights and remedies
Status: in_force

§ 732. Existing rights and remedies. No existing right or remedy of\nany character shall be lost, or otherwise affected by reason of the\nenactment of this title.\n
N.Y. ENV Law § 19-0923 — New York Code / Act ENV / Article 19 / Title 9 / Section 19-0923
Severability
Status: in_force

§ 19-0923. Severability.\n  The provisions of this title shall be severable, and if any clause,\nsentence, paragraph, subdivision or part of this title shall be adjudged\nby any court of competent jurisdiction to be invalid, such judgment\nshall not effect, impair or invalidate the remainder thereof, but shall\nbe confined in its operation to the clause, sentence, paragraph,\nsubdivision or part thereof directly involved in the controversy in\nwhich such judgment shall have been rendered.\n
N.Y. RSS Law § 373 — New York Code / Act RSS / Article 8 / Title 9 / Section 373
Discontinued service after twenty years
Status: in_force

§ 373. Discontinued service after twenty years. a. Persons who last\nbecame members of the New York state and local employees' retirement\nsystem before April eighth, nineteen hundred forty-three and became\nmembers of the police and fire retirement system on or after April\nfirst, nineteen hundred sixty-seven, and who as members of state system\nbecame members of this system:\n  1. Are discontinued from service while a member, through no fault or\ndelinquency on his part, may elect to receive his accumulated\ncontributions or a retirement allowance pursuant to the provisions of\nparagraph two, three, four or five of this subdivision a, as the case\nmay be, if:\n  (a) He shall have completed twenty years of total service, and\n  (b) During the six months immediately preceding such discontinuance,\nhe shall have been in paid service continuously, regularly and without\ninterruption.\n  2. A retirement allowance granted pursuant to the provisions of this\nsubdivision a shall consist of:\n  (a) An annuity of equivalent actuarial value to the member's\naccumulated contributions, and\n  (b) A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may be entitled, if any,\nand\n  (c) A pension, to begin immediately, which shall consist of;\n  (1) A pension which is the actuarial equivalent, at his age at the\ntime of such discontinuance, of a pension beginning at age sixty of\none-seventieth of his final average salary multiplied by the number of\nyears for which he has prior service credit and credit for service in\nwar after world war I, if any, plus\n  (2) A pension which is the actuarial equivalent, at his age at the\ntime of such discontinuance, of a pension, beginning at age sixty of\none-one hundred fortieth of his final average salary multiplied by the\nnumber of years for which he has member service credit.\n  3. If, in addition, the member has attained age forty-five, the\nretirement allowance granted pursuant to this subdivision a shall\nconsist of:\n  (a) An annuity of equivalent actuarial value to the member's\naccumulated contributions, and\n  (b) A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may be entitled, if any,\nand\n  (c) A pension, to begin immediately, which shall consist of:\n  (1) A pension which is the actuarial equivalent, at his age at the\ntime of such discontinuance, of a pension beginning at age sixty of\none-seventieth of his final average salary multiplied by the number of\nyears for which he has prior service credit and credit for service in\nwar after world war I, if any, plus fifty per centum of the difference\nbetween such pension and the pension that would be allowable to him for\nsuch service if he were age sixty, plus\n  (2) A pension which is the actuarial equivalent, at his age at the\ntime of such discontinuance, of a pension beginning at age sixty of\none-one hundred fortieth of his final average salary multiplied by the\nnumber of years for which he has member service credit, plus fifty per\ncentum of the difference between such pension and the pension that would\nbe allowable to him for such service if he were age sixty.\n  4. If the member is age forty-five, and in addition, has been, at any\ntime, continuously employed for twenty years or more, the retirement\nallowance granted pursuant to this subdivision a shall consist of:\n  (a) An annuity of equivalent actuarial value to the member's\naccumulated contributions, and\n  (b) A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may be entitled, if any,\nand\n  (c) A pension, to begin immediately, which shall consist of:\n  (1) A pension which is the actuarial equivalent, at his age at the\ntime of such discontinuance, of a pension beginning at age sixty of\none-seventieth of his final average salary multiplied by the number of\nyears for which he has prior service credit and credit for service in\nwar after world war I, if any, plus the difference between such pension\nand the pension that would be allowable to him for such service if he\nwere age sixty, plus\n  (2) A pension which is the actuarial equivalent at his age at the time\nof such discontinuance of a pension beginning at age sixty of one-one\nhundred fortieth of his final average salary multiplied by the number of\nyears for which he has member service credit plus the difference between\nsuch pension and the pension that would be allowable to him for such\nservice if he were age sixty.\n  5. If the member shall have attained age fifty and has been, at any\ntime, continuously employed for twenty-five years or more the retirement\nallowance granted pursuant to this subdivision a shall consist of:\n  (a) An annuity of equivalent actuarial value to the member's\naccumulated contributions, and\n  (b) A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may be entitled, if any,\nand\n  (c) A pension, to begin immediately, which together with the annuity,\nshall equal the retirement allowance which would be payable had the\nmember reached age sixty at the time of discontinuance from such\nservice.\n  6. Time during which a member was:\n  (a) Absent on leave without pay after January first, nineteen hundred\ntwenty-one, or\n  (b) On a preferred eligible list pursuant to section eighty-one of the\ncivil service law or former section thirty-one of such law and after\nsuch date, or\n  (c) Rendering paid or unpaid services to the state or to a\nparticipating employer prior to May twentieth, nineteen hundred\nfifty-five, for not to exceed four months immediately prior to which and\nimmediately subsequent to which he was in an employment on the basis of\nwhich he contributed to the retirement system, shall not constitute an\ninterruption of continuous employment. Such time, however, shall not be\ncounted or included in determining the length of his total service.\n  b. Persons who last became members of the New York state and local\nemployees' retirement system on or after April eighth, nineteen hundred\nforty-three and who became members of the police and fire retirement\nsystem on or after April first, nineteen hundred sixty-seven or persons\nwho became members of the latter system on or after April first,\nnineteen hundred sixty-seven, and who:\n  1. Are discontinued from service while a member, through no fault or\ndelinquency on his part, may elect to receive his accumulated\ncontributions or a retirement allowance pursuant to the provisions of\nparagraph two of this subdivision b if:\n  (a) He shall have completed twenty years of total service, and\n  (b) During the six months immediately preceding such discontinuance,\nhe shall have been in paid service continuously, regularly and without\ninterruption.\n  2. A retirement allowance granted pursuant to the provisions of this\nsubdivision b shall consist of:\n  (a) An annuity of equivalent actuarial value to the member's\naccumulated contributions, and\n  (b) A pension which is the actuarial equivalent of the\nreserve-for-increased-take-home-pay to which he may be entitled, if any,\nand\n  (c) A pension, to begin immediately, which shall be composed of one or\nmore of the following parts:\n  (1) One which is the actuarial equivalent, at his age at the time of\nsuch discontinuance, of a pension, beginning at age sixty, of\none-seventieth of his final average salary multiplied by the number of\nyears for which he has prior service credit and credit for service in\nwar after world war I, if any, plus\n  (2) One which is the actuarial equivalent, at his age at the time of\nsuch discontinuance, of one-one hundred fortieth of his final average\nsalary multiplied by the number of years for which he has member service\ncredit, plus\n  (3) If the member shall have attained age fifty, one which equals\nfifty per centum of the difference between the pension payable to him\npursuant to items one and two of this subparagraph (c) and the pension\nthat would be allowable to him were he age sixty.\n  3. Application shall be made for a discontinued service retirement\nallowance pursuant to this subdivision b in the same manner and subject\nto the same conditions which govern applications and elections for\nsuperannuation retirement allowances.\n
N.Y. ENV Law § 27-0901 — New York Code / Act ENV / Article 27 / Title 9 / Section 27-0901
Definitions
Status: in_force

§ 27-0901. Definitions.\n  When used in this title:\n  1. "Administrator" means the administrator of the federal\nenvironmental protection agency.\n  2. "Disposal" means the abandonment, discharge, deposit, injection,\ndumping, spilling, leaking or placing of any substance so that such\nsubstance or any related constituent thereof may enter the environment.\nDisposal also means the thermal destruction of waste or hazardous waste\nand the burning of such wastes as fuel for the purpose of recovering\nuseable energy.\n  3. "Hazardous waste" means a waste or combination of wastes, which\nbecause of its quantity, concentration, or physical, chemical or\ninfectious characteristics may:\n  a. Cause, or significantly contribute to an increase in mortality or\nan increase in serious irreversible, or incapacitating reversible\nillness; or\n  b. Pose a substantial present or potential hazard to human health or\nthe environment when improperly treated, stored, transported, disposed,\nor otherwise managed.\n  4. "Hazardous waste generation" means the act or process of producing\nhazardous waste.\n  5. "Hazardous waste management" means the systematic control of the\ncollection, source separation, storage, transportation, processing,\ntreatment, recovery, and disposal of hazardous wastes.\n  6. "Manifest" means the form used for identifying the quantity,\ncomposition, and the origin, routing, and destination of hazardous waste\nduring its transportation from the point of generation to the point of\ndisposal, treatment, or storage.\n  7. "Person" means an individual, trust, firm, joint stock company,\ncorporation (including a government corporation), partnership,\nassociation, state, federal government and any agency thereof,\nmunicipality, commission, political subdivision of a state, or any\ninterstate body.\n  8. "Storage" means the containment of hazardous waste, either on a\ntemporary basis or for a period of years, in such a manner as not to\nconstitute disposal of such hazardous waste.\n  9. "Transport" means the movement of hazardous waste from the point of\ngeneration to any intermediate points and finally to the point of\nultimate storage or disposal.\n  10. "Treatment" means any method, technique, or process, including\nneutralization, designed to change the physical, chemical or biological\ncharacter or composition of any hazardous waste so as to neutralize such\nwaste or as to render such waste nonhazardous, safer for transport,\namenable for recovery, amenable for storage, or reduced in volume.\n  11. "Waste" means any garbage, refuse, sludge from a waste treatment\nplant, water supply treatment plant, or air pollution control facility,\nand other discarded material, including solid, liquid, semisolid, or\ncontained gaseous material resulting from industrial, commercial, mining\nand agricultural operations and from community activities, but does not\ninclude solid or dissolved material in domestic sewage, or solid or\ndissolved materials in irrigation return flows or industrial discharges\nwhich are point sources subject to permits under section four hundred\ntwo of the federal Water Pollution Control Act, as amended (86 Stat.\n880), or source, special nuclear or by-product material as defined in\nthe Atomic Energy Act of 1954, as amended (68 Stat. 923) except as may\nbe provided by existing agreements between the state of New York and the\ngovernment of the United States.\n  12. "Landfill" means a disposal facility or part of a facility where\nsolid waste, including hazardous waste, is placed in or on land, and\nwhich is not a land treatment facility, a surface impoundment, or an\ninjection well.\n  13. "Resource recovery" means any method, technique, or process\nutilized to separate, process, modify, convert, treat or otherwise\nprepare hazardous waste so that the component materials or substances\nthereof may be beneficially used or reused as raw materials, exclusive\nof useable energy.\n  * 14. "Commercial hazardous waste facilities" or "commercial\nfacilities" means a facility that receives from off-site any hazardous\nwaste from any person that is not part of the same trust, firm, joint\nstock company, corporation (including a government corporation),\npartnership, association, state, federal government and any agency\nthereof, municipality, commission, political subdivisions of a state, or\nany interstate body except when small quantities of hazardous wastes\nfrom public bodies are accepted on an emergency basis with the approval\nof the commissioner on a no-cost basis.\n  * NB There are 2 sub 14's\n  * 14. "Environment" means any water, water vapor, any land including\nland surface or subsurface, air, fish, wildlife, biota and all other\nnatural resources.\n  * NB There are 2 sub 14's\n  15. "Secure landburial facility" means a land disposal facility\nmeeting the design and operation requirements promulgated by the\ndepartment pursuant to this title for the proper disposal of hazardous\nwastes so that such wastes are immobilized or otherwise prevented from\nrelease to the environment or rendered harmless or decomposed into\nharmless materials within the facility.\n
N.Y. ENV Law § 9-0903 — New York Code / Act ENV / Article 9 / Title 9 / Section 9-0903
Recreation facilities
Status: in_force

§ 9-0903. Recreation facilities.\n  1. The department shall have care, custody, control and management of\nthe Lake George beach facility in Warren county, the Belleayre mountain\nski center in Ulster and Delaware counties, the Whiteface mountain ski\ncenter and the New York world war veterans memorial highway in Essex\ncounty and the Gore mountain ski center and the Prospect Mountain\nVeteran's Memorial Highway in Warren county. The New York world war\nveterans memorial highway in Essex county and the Prospect Mountain\nVeteran's Memorial Highway in Warren county shall continue to be\nmaintained by the Department of Transportation.\n  2. The commissioner shall have the power and is authorized to impose\nand provide for the collection of such fees or charges as he may deem\nnecessary and for the best interests of the state for the use of all\nfacilities and their appurtenances. All moneys received therefrom shall\nbe deposited in the State Treasury pursuant to the provisions of the\nState Finance Law.\n  3. The department shall have the supervision and jurisdiction over all\nlocks and adjacent state property between the Saranac river and lower\nSaranac lake and between lower Saranac and middle Saranac lake in the\ncounty of Franklin and make such improvements and repairs thereto from\ntime to time as may be necessary.\n  4. The commissioner shall have the power and is authorized to\nencourage investment by the private sector for the provision of\nequipment and capital improvements for concession facilities operated at\nthe Belleayre Mountain ski center and the Gore Mountain ski center by\nentering into concession license agreements for extended periods not to\nexceed ten years in total. Such extended term shall be for the purpose\nof assuring a concessionaire of adequate protection against loss of\ninvestment in structures, fixtures, equipment, supplies and other\nimprovements, and the length of such term shall have a direct\nrelationship to the period required to amortize the investment. The bid\nprospectus submitted to prospective bidders shall contain specific\ninformation concerning the nature of the capital improvements or\nequipment to be provided by the successful bidder.\n
N.Y. PBA Law § 1211 — New York Code / Act PBA / Article 5 / Title 9 / Section 1211
Members and employees not to be interested in contracts
Status: in_force

§ 1211. Members and employees not to be interested in contracts.  It\nshall be a misdemeanor for any member, officer or employee of the\nauthority to be in any way or manner interested, directly or indirectly,\nin any contract made by the authority.\n
N.Y. PBA Law § 1899 — New York Code / Act PBA / Article 8 / Title 9-A / Section 1899
Annual reporting
Status: in_force

§ 1899. Annual reporting. No later than October first, two thousand\nten and October first of each year thereafter, the president of the\nauthority shall issue an annual report to the governor, the temporary\npresident of the senate, the speaker of the assembly, the minority\nleader of the senate and the minority leader of the assembly concerning\nthe authority's activities related to the green jobs - green New York\nprogram created pursuant to this title. Such report shall include, but\nnot be limited to the following information:\n  1. The status of the authority's activities and outcomes related to\nsection eighteen hundred ninety-five of this title. Such report shall\ninclude, but not be limited to: (a) the number and type of energy audits\nperformed pursuant to section eighteen hundred ninety-five of this\ntitle; (b) any other contracts entered into relating to the program; and\n(c) any recommendations for program improvements;\n  2. The status of the authority's activities and outcomes related to\nsection eighteen hundred ninety-four of this title. Such report shall\ninclude, but not be limited to: (a) contracts entered into pursuant to\nsection eighteen hundred ninety-four of this title; (b) the geographical\narea or areas served by each entity; (c) the amount of the grants\ndisbursed to each entity; (d) any other contracts entered into relating\nto the program; and (e) any recommendations for program improvements;\n  3. The status of the authority's activities and outcomes related to\nsection eighteen hundred ninety-six of this title. Such report shall\ninclude, but not be limited to:\n  (a) the number of persons who have applied for and received financial\nassistance through the revolving loan fund;\n  (b) the revolving loan fund account balances;\n  (c) the number of loans in default;\n  (d) the amount and nature of the costs incurred by the authority for\nthe activities described in paragraph (c) of subdivision one of section\neighteen hundred ninety-six of this title;\n  (e) the authority's activities and outcomes related to establishing an\non-bill recovery mechanism, including the number of persons who have\napplied for and who have received financial assistance that utilizes\non-bill recovery and the results of the evaluation program performed\npursuant to subdivision three of section eighteen hundred ninety-six of\nthis title;\n  (f) the amount expended by the authority in support of the program and\nthe purposes for which such funds have been expended;\n  (g) the number of customers participating in the program, separately\nstating the number of residential and non-residential customers and the\namounts financed;\n  (h) the number of program participants who are in arrears in their\nutility accounts for electric and/or gas service;\n  (i) the number of program participants who are in arrears in their\non-bill recovery charge payments;\n  (j) the number of program participants whose utility service has been\nterminated for non-payment;\n  (k) a description of the geographic distribution of loans made;\n  (l) an estimate of the energy savings resulting from this program;\n  (m) an estimate of the average project cost; and\n  (n) in consultation with the department of labor, an estimate of the\nnumber of jobs created under the program.\n  4. The status of the authority's activities and outcomes related to\nsolicitation of applications to demonstrate the feasibility of\ninnovative financing mechanisms as described in subdivision one of\nsection eighteen hundred ninety-four of this title;\n  5. The status of the authority's activities and outcomes related to\nsection eighteen hundred ninety-seven of this title. Such report shall\ninclude, but not be limited to: (a) the number of individuals receiving\ntraining services; (b) the type of training services provided to such\nindividuals; (c) the identity of organizations providing training\nservices; (d) the amount of funds awarded to each such organization; and\n(e) the number of individuals placed in full-time employment; and\n  6. The overall effectiveness, progress and outcomes by the authority\nrelated to the green-jobs green New York program. Such report shall\ninclude but not be limited to: (a) key findings by the authority; (b) to\nthe extent possible a calculation of the energy savings achieved; and\n(c) any recommendations for program improvements and expansion of the\nprogram.\n
N.Y. ENV Law § 33-0921 — New York Code / Act ENV / Article 33 / Title 9-A / Section 33-0921
Aquatic antifouling paint applicator certification
Status: in_force

§ 33-0921. Aquatic antifouling paint applicator certification.\n  1. Notwithstanding any other provision of law or regulation pursuant\nto this title, a person who is certified by the commissioner as an\naquatic antifouling paint applicator may engage in the commercial\napplication of aquatic antifouling paint.\n  2. Application for aquatic antifouling paint applicator certification\nshall be made to the commissioner. The application shall be on a form\nprescribed by the commissioner and shall be accompanied by the fee or\nfees provided in section 33-0911 of this article.\n  3. An applicant for aquatic antifouling paint applicator certification\nshall successfully complete a comprehensive twenty-hour training course\napproved by the department including eight hours of category-specific\ntraining which includes topics related to the safe and proper use,\nhandling, storage and disposal of aquatic antifouling paints and/or\nsatisfy the commissioner as to the applicant's knowledge and experience\nconcerning the proper use and application of aquatic antifouling paint\nand application equipment through examination prior to initial\ncertification. The commissioner may consider appropriate experience of\nthe applicant as specified in regulations when determining eligibility\nfor examination.\n  4. Aquatic antifouling paint applicator certification shall be valid\nfor three years after which every applicator shall recertify.\nRecertification shall require no more than five hours of course work by\ntraining, workbook, or examination as required by the commissioner.\n  5. No certification shall be valid unless the certified person also\nholds a valid identification card issued by the commissioner.\nCertification identification cards shall be valid for three years.\n  6. Certified aquatic antifouling paint applicators shall maintain such\nrecords and shall furnish such reports concerning the application of\naquatic antifouling paints as the commissioner shall require. All\nrecords required to be kept under this section shall be available for\ninspection by the commissioner.\n
N.Y. ENV Law § 27-0907 — New York Code / Act ENV / Article 27 / Title 9 / Section 27-0907
Standards applicable to generators of hazardous waste
Status: in_force

§ 27-0907. Standards applicable to generators of hazardous waste.\n  Not later than eighteen months after the effective date of this title,\nin a manner consistent with the state administrative procedure act, the\ncommissioner shall promulgate regulations establishing standards which\nshall be applicable to generators of hazardous waste identified or\nlisted under this title, necessary to protect human health and the\nenvironment. Such standards shall establish requirements respecting:\n  1. Recordkeeping practices that accurately identify the quantities of\nsuch hazardous waste generated, the constituents thereof which are\nsignificant in quantity or in potential harm to human health or the\nenvironment, and the disposition of such wastes;\n  2. Labeling practices for any containers used for the storage,\ntransport, or disposal of hazardous waste which will identify accurately\nsuch wastes, and be in conformance with federal transportation\nrequirements;\n  3. Use of appropriate containers for hazardous waste;\n  4. Furnishing of information on the chemical composition of such\nhazardous waste to persons transporting, treating, storing, or disposing\nof such wastes;\n  5. Use of the manifest system established under section 27-0905 of\nthis title to assure that all such waste generated is designated for\ntreatment, storage, or disposal in treatment, storage or disposal\nfacilities (other than facilities on the plant site where the waste is\ngenerated) for which a permit has been issued as provided in section\n27-0913 of this title; and\n  5-a. Each manifest shall contain a certification by the generator\nthat:\n  a. the generator of the hazardous waste has in place a program to\nreduce the volume or quantity and toxicity of such waste to the degree\ndetermined by the generator to be economically practicable or, if a\nhazardous waste reduction plan is required by and reviewable under\nsection 27-0908 of this title, a program that meets the requirements of\nthat section; and\n  b. the proposed method of treatment, storage or disposal is that\npracticable method currently available to the generator which minimizes\nthe present and future threat to human health and the environment.\n  6. Submission of an annual report to the commissioner, and additional\nreports at such times as the commissioner deems necessary, respecting\n  a. the quantities and composition of hazardous wastes identified or\nlisted under this title, generated during a specified time period;\n  b. the disposition of all hazardous wastes reported under paragraph a\nof this subdivision;\n  c. for each waste reported under paragraph a of this subdivision, the\nefforts undertaken during the year to reduce the volume or quantity and\ntoxicity of waste generated;\n  d. for each waste reported under paragraph a of this subdivision, the\nchanges in volume or quantity and toxicity of waste actually achieved\nduring the year in question in comparison with previous years;\n  e. certification on the part of the generator that it has in place a\nprogram to reduce the volume or quantity and toxicity of hazardous\nwastes to the degree determined by the generator to be economically\npracticable or, if a hazardous waste reduction plan is required by and\nreviewable under section 27-0908 of this title, a program that meets the\nrequirements of that section; and\n  f. certification that the treatment, storage or disposal method\nutilized by the generator is that practicable method currently available\nwhich minimizes present and future threats to human health and the\nenvironment.\n  7. The commissioner shall, within eighteen months after the effective\ndate of regulations promulgated by the department pursuant to section\n27-0905 of this chapter and annually thereafter, prepare and submit a\nreport on the generating of hazardous wastes to the governor and\nlegislature. Such report shall include, but not be limited to, the\nidentity of generators within the state and the quantities, composition\nand disposition of hazardous wastes generated in the preceding year.\nSuch information regarding quantities, composition and disposition shall\nbe presented in aggregated form by waste type as generated in each of\nthe department's administrative regions. The commissioner shall withhold\ninformation on hazardous wastes pursuant to section 27-0919 of this\ntitle in order to protect trade secrets.\n
N.Y. PBA Law § 1204-F — New York Code / Act PBA / Article 5 / Title 9 / Section 1204-F
Subway track safety
Status: in_force

§ 1204-f. Subway track safety. The authority shall include\ninstructions on how to react safely, timely, and effectively when a\nperson falls onto the subway tracks as part of its ongoing safety\neducation campaigns.\n
N.Y. ELN Law § 5-906 — New York Code / Act ELN / Article 5 / Title 9 / Section 5-906
Forms
Status: in_force

§ 5-906. Forms. The state board of elections shall promulgate rules\nand regulations to implement this title. All agency forms and notices\nrequired by this title shall be approved by the state board of\nelections. All applications and notices for use by a board of elections\npursuant to this title shall be promulgated by the state board of\nelections, and no addition or alteration to such forms by a board of\nelections shall be made without approval of the state board of\nelections.\n
N.Y. ENV Law § 71-0911 — New York Code / Act ENV / Article 71 / Title 9 / Section 71-0911
Search warrants; when issued
Status: in_force

§ 71-0911. Search warrants; when issued.\n  Whenever it appears probable that fish, wildlife or game, shellfish,\ncrustacea, protected insect, or parts thereof taken or possessed\ncontrary to the Fish and Wildlife Law are concealed, or that a net\npossessed contrary thereto is concealed, any local criminal court having\ncriminal jurisdiction shall issue a search warrant for the discovery\nthereof in accordance with the practice provided in article 690 of the\nCriminal Procedure Law, as far as it is applicable.\n
N.Y. PBA Law § 1905 — New York Code / Act PBA / Article 8 / Title 9-B / Section 1905
Reporting
Status: in_force

* § 1905. Reporting. 1. Effective April first, two thousand\ntwenty-one, the authority shall issue an annual report specifying:\n  (a) any proceeds, less program expenses and administration, so earned\nby the authority pursuant to this title;\n  (b) the sites auctioned for development pursuant to subdivision 5 of\nsection nineteen hundred two of this title;\n  (c) the identity of developers to whom rights have been transferred\npursuant to section nineteen hundred two of this title; and,\n  (d) the resulting renewable energy production.\n  2. The authority shall submit such report to the governor, the\ntemporary president of the senate, and the speaker of the assembly. A\ncopy of the report shall also be posted on the authority's website.\n  * NB Repealed December 31, 2030\n
N.Y. LFN Law § 126.00 — New York Code / Act LFN / Article 2 / Title 9 / Section 126.00
Exclusion of certain indebtedness for school purposes; New York City
Status: in_force

§ 126.00 Exclusion of certain indebtedness for school purposes; New\nYork City.  a. In ascertaining the power of the city of New York to\ncontract indebtedness, there may be excluded the outstanding\nindebtedness contracted by such city for school purposes, evidenced by\nbonds, to the extent to which state aid for common schools, not\nexceeding two million five hundred thousand dollars, shall be applied by\nsuch city to meet the interest and the annual requirements for the\namortization and payment of part or all of one or more issues of such\nbonds.\n  b. Such exclusion shall be effective only during a fiscal year of the\ncity in which its expense budget provides for the payment of such debt\nservice from such state aid for common schools.\n  c. At any time during a fiscal year for which the expense budget of\nthe city provides for the payment of such debt service from such state\naid or at any time prior to such fiscal year but after the expense\nbudget for such fiscal year has been finally adopted, an application may\nbe filed with the state comptroller for the purpose of obtaining an\nexclusion of such outstanding indebtedness. Such application shall be\nmade on behalf of the city by its chief fiscal officer in his\ndiscretion, or by its chief fiscal officer on the direction of its\nfinance board.  The application shall be verified by the chief fiscal\nofficer or finance board making the application. The application shall\nbe in such form and shall contain such information as shall be\nprescribed by the state comptroller.\n  d. Within five days after the filing of such application with the\nstate comptroller, such chief fiscal officer making the application\nshall cause a notice to be published that such application has been\nfiled with the state comptroller. Such notice shall be published in the\nofficial newspaper or newspapers of the city. The notice also shall\ncontain a statement of the amount of outstanding indebtedness sought to\nbe excluded and a statement of the amount of state aid for schools\nallocated to the payment of debt service. Proof of publication of such\nnotice shall be filed in the office of the state comptroller. A copy of\nthe application and of all financial statements, documents, computations\nand other data and information which will be submitted by the chief\nfiscal officer of such city to the state comptroller in support of such\napplication shall be filed in the office of such chief fiscal officer\nand shall be public records.\n  e. After the filing of such application, the state comptroller shall\nreview the facts set forth therein. The state comptroller shall have the\npower to examine the accounts and records of the city with respect to\nsuch application. He may also require the chief fiscal officer and other\npublic officers, boards and agencies of such city to furnish such\nadditional data and information in their possession as he deems\nnecessary to enable him to make his determination.\n  f. The state comptroller shall issue a written certificate setting\nforth his determination as to the extent to which any such outstanding\nindebtedness may be excluded. If an exclusion is allowed by the state\ncomptroller, such certificate shall constitute the authorization for the\nexclusion of such amount of such indebtedness in ascertaining the power\nof such city to contract indebtedness. If the state comptroller\ndisallows the application, the certificate shall set forth the reasons\nfor such disallowances. The determination of the state comptroller shall\nbe conclusive. The certificate of the state comptroller shall not be\nissued until ten days after the filing of such proof of publication in\nthe office of the state comptroller and shall be issued within twenty\ndays after such filing. The certificate of the state comptroller\ngranting an exclusion shall be effective until the close of the fiscal\nyear for which an application has been filed setting forth that the\nexpense budget of the city provides for the payment of debt service from\nstate aid for common schools. The certificate of the state comptroller\nshall be executed under his hand and seal in duplicate. One of such\ncertificates shall be filed in the department of audit and control and\nthe other in the office of the chief fiscal officer of such city. Both\nof such certificates shall be public records.\n
N.Y. ENV Law § 51-0901 — New York Code / Act ENV / Article 51 / Title 9 / Section 51-0901
Allocation of moneys
Status: in_force

§ 51-0901. Allocation of moneys.\n  Of the moneys received by the state from the sale of bonds pursuant to\nthe environmental quality bond act of nineteen hundred seventy-two, one\nhundred seventy-five million dollars ($175,000,000) shall be expended\npursuant to appropriations thereof, for municipal solid waste management\nprojects, including at least five million dollars ($5,000,000) of this\namount which shall be earmarked for resource recovery equipment, source\nseparation equipment, or both, for the implementation of small scale,\nlow-technology approaches to resource recovery, including source\nseparation programs, recycling centers, composting projects and other\nsolid waste recovery and management projects with a design capacity of\nless than one hundred tons per day.\n
N.Y. ENV Law § 21-0905 — New York Code / Act ENV / Article 21 / Title 9 / Section 21-0905
Budget
Status: in_force

§ 21-0905. Budget.\n  1. The Great Lakes Commission shall submit annually to the\nCommissioner of Environmental Conservation, in accordance with the laws\nand practice of this state, for study and consideration by such\ncommissioner, an estimate of moneys required to administer, manage and\nsupport the commission during the ensuing fiscal year. Such estimate\nshall include any requests for appropriation of funds by New York state\nand shall be accompanied by a tabulation of similar requests which the\ncommission expects to make to each other member state and the formula or\nfactors upon which such respective requests are based.\n  2. The Commissioner of Environmental Conservation shall include a\nsuitable item or items of estimated expenditures for the Great Lakes\nCommission in the budget estimates of his department.\n
N.Y. ENV Law § 11-0917 — New York Code / Act ENV / Article 11 / Title 9 / Section 11-0917
Possession, transportation and sale of wild game and other wildlife
Status: in_force

§ 11-0917. Possession, transportation and sale of wild game and other\n             wildlife.\n  1. Wild game and other wildlife, taken in this state, and parts\nthereof, may, if lawfully taken, be\n  a. possessed.\n  b. transported within the state and from within to without the state,\nand\n  c. bought and sold, as provided in this section and in the sections of\nthe Fish and Wildlife Law and regulations of the department to which\nthis section refers, and not otherwise. It shall not be possessed,\ntransported, bought or sold unless lawfully taken, nor transported,\nbought or sold unless lawfully possessed. Nothing in this section\napplies to any game which is not wild game, as defined in subdivision 2\nof section 11-0103.\n  2. Unprotected wildlife may be possessed, transported, bought and sold\nwithout restriction except as provided in subdivision 9 or subdivision\n10.\n  3. Game for propagation purposes may be transported without\nrestriction except as provided in subdivision 8 or subdivision 10.\n  4. The carcasses, flesh, head, hide, feet or fur of wildlife, except\nbirds, may be bought and sold without restriction, except as provided in\nsubdivisions 8, 9 or 10. The head, skin plumage, hide, feet or fur of\nwildlife may be possessed and transported without restriction except (a)\nas provided in section 11-0911 with respect to deer, (b) as provided in\nsubdivision 9 with respect to birds, and (c) as provided in subdivision\n8 or subdivision 10.\n  5. Game taken and possessed in one part of the state may be\ntransported as provided in this section by the taker, or any person who\nacquires it lawfully from the taker, and possessed by the taker or by\nsuch person in any part of the state for the period during which it may\nbe possessed at the place where taken.\n  6. Skunk, bobcat, mink, raccoon and muskrat may be bought and sold\nalive during their respective open seasons.\n  8. Migratory game birds and beaver, fisher, otter, bobcat, coyote,\nfox, raccoon, skunk, muskrat and mink shall be possessed, transported\nand disposed of only as permitted by regulation of the department.\n  9. a. The flesh of cottontail rabbits, varying hares, European hares,\nsquirrels, bear and deer shall not be bought or sold.\n  b. Bear gallbladders and bile shall not be possessed, bartered, sold\nor offered for sale or offered for barter unless a valid bear tag is\nattached. For the purposes of this paragraph a valid bear tag shall mean\nthe tag or similar identification required by the governmental entity\nthat permitted the legal taking of such bear. Possession of a bear\ngallbladder without a valid bear tag shall be prima facie evidence of a\nviolation of this paragraph. A minimum five thousand dollar penalty\nshall be issued per infraction of this paragraph. Nothing in this\nsection prohibits an officer, employee, or agent of the federal\ngovernment or the department from possessing, transporting, delivering,\nor receiving bear gallbladders or bile, for wildlife law enforcement\npurposes.\n  c. Notwithstanding paragraph a of this subdivision, game legally taken\nmay be possessed, prepared and served by a non-profit organization at\nany meeting for the members and guests provided that there is no charge\nfor the meal.\n  d. Game legally taken may be donated to, and possessed, prepared and\ndistributed by a charitable or not-for-profit organization which serves\nor distributes food without cost to the poor or needy. Game or packages\nof game donated pursuant to this paragraph shall, notwithstanding the\nrequirements for tagging and labelling of game contained in paragraph b\nof subdivision 5 of section 11-0911 of this title, be tagged, labelled\nor marked "not for sale" and such tag, label or marking shall identify\nthe type of meat, the license number of the taker, the name and address\nof the professional processor of the game and the date of processing.\nThe department shall make available instructions for the safe and\nsanitary preparation of game, a list of professional processors where\npotential donors may take their game for preparation and packaging and a\nlist of charitable or not-for-profit organizations which accept\ndonations of game. Professional processors, charitable and\nnot-for-profit organizations may notify the department of their\nintention to participate in such distribution, and the department shall\ninclude them in its lists unless good cause otherwise exists.\n  e. The dead bodies of birds belonging to all species or subspecies\nnative to this state, defined in subdivision five of section 11-0103 of\nthis article, as protected wild birds, or belonging to any family of\nwhich any species or subspecies is native to this state, and is so\ndefined in subdivision five of section 11-0103 of this article, shall\nnot be sold, offered for sale or possessed for sale, for food purposes.\n  f. The plumage, skin or body of any wild bird shall not be sold,\npossessed for sale or offered for sale.\n  g. No live wolf, coyote, coydog, fox, skunk, venomous reptile or\nraccoon shall be possessed or transported, except under a license or\npermit issued by the department. Every such license or permit shall\ncontain a prominent notice thereon warning the licensee or permittee of\nhis or her duty to exercise due care in safeguarding the public from\nattack by such wild animal or venomous reptile and that failure to do so\nis a crime under section three hundred seventy of the agriculture and\nmarkets law.  The provisions of the opening paragraph of section three\nhundred seventy of the agriculture and markets law except the last\nsentence thereof shall be set forth on such license or permit\nimmediately following such warning notice.\n  10. No wildlife shall be possessed, transported or sold contrary to\nthe terms of any statute, or regulation, permit or license of the\ndepartment, pursuant to which it was taken or acquired.\n
N.Y. PBA Law § 1860 — New York Code / Act PBA / Article 8 / Title 9 / Section 1860
Bonds and notes
Status: in_force

§ 1860. Bonds and notes. 1. The authority shall have the power and is\nhereby authorized to issue at one time or in series from time to time\nits negotiable bonds and notes in conformity with applicable provisions\nof the uniform commercial code in such principal amounts as, in the\nopinion of the authority, shall be necessary to provide sufficient\nmoneys for achieving the authority's corporate purposes, including the\nestablishment of reserves to secure the bonds and notes and the payment\nof interest on bonds and notes.\n  2. The authority shall have power from time to time to renew bonds or\nnotes or to issue renewal bonds or notes for such purpose, to issue\nbonds or notes to pay bonds or notes, and, whenever it deems refunding\nexpedient, to refund any bond or note by the issuance of new bonds or\nnotes, whether the bonds or notes to be refunded have or have not\nmatured, and may issue bonds or notes partly to refund bonds or notes\nthen outstanding and partly for any other corporate purpose of the\nauthority. Bonds or notes issued for refunding purposes shall be sold\nand the proceeds applied to the purchase, redemption or payment of the\nbonds or notes to be refunded.\n  3. Except as may otherwise be expressly provided by the authority,\nevery issue of bonds or notes shall be general obligations payable out\nof any moneys or revenues of the authority, subject only to any\nagreements with the holders of bonds or notes pledging any receipts or\nrevenues.\n  4. The bonds and notes shall be authorized by resolution of the\nauthority, shall bear such date or dates and mature at such time or\ntimes as such resolution shall provide, except that notes and any\nrenewals thereof shall mature within five years from their respective\ndates of issuance or renewal, as the case may be, and bonds shall mature\nwithin forty years from their respective dates of issuance or renewal,\nas the case may be. The bonds and notes shall bear interest at such rate\nor rates, be in such denomination, be in such form, either coupon or\nregistered, carry such registration privileges, be executed in such\nmanner, be payable in such medium of payment at such place or places,\nand be subject to such terms of redemption as such resolution or\nresolutions may provide.\n  5. Bonds and notes shall be sold by the authority, at public or\nprivate sale, at such price or prices as the authority may determine.\nBonds and notes of the authority shall not be sold by the authority at\nprivate sale unless such sale and the terms thereof have been approved\nin writing by the comptroller, where such sale is not to the\ncomptroller, or by the director of the budget, where such sale is to the\ncomptroller.\n  6. In the discretion of the authority any bonds or issue of bonds or\nnotes or issue of notes may be secured by such resolution or by a trust\nindenture by and between the authority and a corporate trustee which may\nbe any trust company or bank having the powers of a trust company in the\nstate or by a secured loan agreement or other instrument. Such\nresolution, trust indenture, loan agreement or other instrument may\ncontain any usual or customary provisions, covenants or limitations for\nbonds or notes of similar nature which shall be a part of the contract\nwith the holders thereof, including such provisions for protecting and\nenforcing the rights and remedies of bondholders and noteholders as may\nbe reasonable and proper and not in violation of law.\n  7. Any resolution or resolutions authorizing any notes or bonds or any\nissue thereof may contain provisions, which shall be a part of the\ncontract with the holders thereof, as to:\n  (a) pledging all or part of the fees, charges, gifts, grants, rents,\nrevenues or other moneys received or to be received and leases or\nagreements to secure the payment of the notes or bonds or of any issue\nthereof subject to such agreements with bondholders as may then exist;\n  (b) the rates of the fees or charges to be established, and the\namounts to be raised in each year thereby and the use and disposition of\nthe fees, charges, gifts, grants, rents, revenues or other moneys\nreceived or to be received;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the purpose to which the proceeds of sale of any\nissue of notes or bonds then or thereafter to be issued may be applied\nand pledging such proceeds to secure the payment of the notes or bonds\nor of any issue thereof;\n  (e) limitations on the issuance of additional notes or bonds; the\nterms upon which additional notes or bonds may be issued and secured;\nthe refunding of outstanding or other notes or bonds;\n  (f) the procedure, if any, by which the terms of any contract with\nbondholders or noteholders may be amended or abrogated, the amount of\nnotes or bonds the holders of which must consent thereto, and the manner\nin which such consent may be given;\n  (g) any other matters, of like or different character, which in any\nway affect the security or protection of the notes or bonds.\n  8. It is the intention hereof that any pledge made by the authority\nshall be valid and binding from the time when the pledge is made, that\nthe moneys so pledged and thereafter received by the authority shall\nimmediately be subject to the lien of such pledge without any physical\ndelivery thereof or further act, and that the lien of any such pledge\nshall be valid and binding as against all parties having claims of any\nkind in tort, contract or otherwise against the authority irrespective\nof whether such parties have notice thereof. Neither the resolution nor\nany other instrument by which a pledge is created need be recorded.\n  9. Neither the members of the authority nor any person executing the\nbonds or notes shall be liable personally on the bonds or notes or be\nsubject to any personal liability or accountability by reason of the\nissuance thereof.\n  10. Subject to such agreements with bondholders or noteholders as may\nthen exist, the authority shall have power out of any funds available\ntherefor to purchase bonds or notes at a price not exceeding (a) if the\nnotes or bonds are then redeemable, the redemption price then applicable\nplus accrued interest to the next interest payment date thereon, or (b)\nif the notes or bonds are not then redeemable, the redemption price\napplicable on the first date after such purchase upon which the notes or\nbonds become subject to redemption plus accrued interest to said date.\nBonds and notes so purchased shall thereupon be cancelled.\n  11. The state does hereby pledge to and agree with the holders of any\nbonds or notes that the state will not limit or alter the rights and\npowers vested in the authority by this title to fulfill the terms of any\ncontract made by the authority with such holders, or in any way impair\nthe rights and remedies of such holders until such bonds and notes,\ntogether with the interest thereon, with interest on any unpaid\ninstallments of interest, and all costs and expenses in connection with\nany action or proceeding by or on behalf of such holders, are fully met\nand discharged. The authority is authorized to include this pledge and\nagreement of the state, insofar as it refers to holders of any bonds or\nnotes, in any contract with such holders.\n