N.Y. PBA Law § 1689-C — New York Code / Act PBA / Article 8 / Title 4 / Section 1689-C
Capital facility program, authority financing of eligible projects
Status: in_force

§ 1689-c. Capital facility program, authority financing of eligible\nprojects. 1. The authority is authorized to finance eligible capital\nfacility program projects pursuant to the Jobs two thousand for New York\nState (J2K) Act.\n  2. (a) Notwithstanding the provisions of any general or special law to\nthe contrary, and subject to the making of annual appropriations\ntherefor by the legislature, in order to assist the authority in the\nfinancing and refinancing of such eligible capital facility program\nprojects, the director of the budget is authorized to enter into one or\nmore service contracts, none of which shall exceed thirty years in\nduration, with the authority, upon such terms as the director of the\nbudget and the dormitory authority agree;\n  (b) Any service contract entered into pursuant to paragraph (a) of\nthis subdivision or any payments made or to be made thereunder may be\nassigned and pledged by the authority as security for its bonds, notes,\nor other obligations;\n  (c) Any such service contract shall provide that the obligation of the\ndirector of the budget or of the state to fund or to pay the amounts\ntherein provided for shall not constitute a debt of the state within the\nmeaning of any constitutional or statutory provision in the event the\nauthority assigns or pledges the service contract payments as security\nfor its bonds, notes, or other obligations and shall be deemed executory\nonly to the extent moneys are available and that no liability shall be\nincurred by the state beyond the moneys available for the purpose, and\nthat such obligation is subject to annual appropriation by the\nlegislature;\n  (d) Any service contract or contracts entered into pursuant to this\nsubdivision shall provide for state commitments to provide annually to\nthe authority a sum or sums, upon such terms and conditions as shall be\ndeemed appropriate by the director of the budget, to fund the principal,\ninterest, or other related expenses required for any such bonds, notes,\nor other obligations.\n  (e) On or before November fifteenth of each year and again on or after\nFebruary fifteenth of each year, the authority shall submit, and\nthereafter may resubmit, to the director of the budget, the state\ncomptroller, the executive director of the New York state office of\nscience, technology and academic research, the chair of the senate\nfinance committee and the chair of the assembly ways and means committee\na report setting forth the amounts, if any, of all annual payments\nestimated to be appropriated to the authority pursuant to such service\ncontracts between the authority and the director of the division of the\nbudget pursuant to this subdivision.\n  3. (a) To obtain funds for the purposes of this subdivision, the\nauthority shall have power from time to time, in accordance with a\nschedule certified to the authority by the executive director of the New\nYork state office of science, technology and academic research\nidentifying eligible capital facility program projects approved for\npayment pursuant to the Jobs two thousand for New York State (J2K) Act,\nto issue negotiable bonds or notes of the authority. Unless the context\nshall clearly indicate otherwise, whenever the words "bond" or "bonds"\nare used in this section, such words shall include a note or notes of\nthe authority.\n  (b) The authority shall not issue any bonds or notes in an amount in\nexcess of forty-seven million five hundred thousand dollars for the\npurposes of this subdivision, excluding a principal amount of bonds or\nnotes issued to fund one or more debt service reserve funds, to pay for\nthe costs of issuance of such bonds, and bonds or notes issued to refund\nor otherwise repay such bonds, and bonds or notes previously issued.\nExcept for the purposes of complying with the internal revenue code, any\ninterest income earned on bond proceeds shall only be used to pay debt\nservice on such bonds or notes.\n  In computing for the purposes of this subdivision, the aggregate\namount of indebtedness evidenced by bonds and notes of the authority\nissued pursuant to this subdivision, there shall be excluded the amount\nof such indebtedness represented by such bonds or notes issued to refund\nor otherwise repay bonds or notes, provided that the amount so excluded\nunder this paragraph may exceed the principal amount of such bonds or\nnotes that were issued to refund or otherwise repay only if the present\nvalue of the aggregate debt service on the refunding or repayment bonds\nor notes shall not have at the time of their issuance exceeded the\npresent value of the aggregate debt service of the bonds or notes they\nwere issued to refund or repay, such present value in each case being\ncalculated by using the effective interest rate of the refunding or\nrepayment bonds or notes, which shall be that rate arrived at by\ndoubling the semi-annual interest rate (compounded semi-annually)\nnecessary to discount the debt service payments on the refunding or\nrepayment bonds or notes from the payment date thereof to the date of\nissue of the refunding or repayment bonds or notes and to the price bid\ntherefor, or to the proceeds received by the dormitory authority from\nthe sale thereof, in each case including estimated accrued interest.\n
N.Y. PBA Law § 1678 — New York Code / Act PBA / Article 8 / Title 4 / Section 1678
Powers of the authority
Status: in_force

§ 1678. Powers of the authority. The authority shall have power\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire in the name of the state by purchase or condemnation,\ngift or devise real property or rights of easement on terms necessary or\nconvenient for its corporate purposes; to acquire, hold and dispose of\npersonal property for its corporate purposes;\n  4. To make by-laws for the management and regulation of its affairs;\n  5. To appoint officers, agents and employees and fix their\ncompensation, provided, however, that the appointment of the executive\ndirector shall be subject to confirmation by the senate in accordance\nwith section twenty-eight hundred fifty-two of this chapter;\n  6. To make contracts and to execute all instruments necessary or\nconvenient;\n  7. To prepare or cause to be prepared plans, specifications, designs\nand estimates of costs for the construction and equipment of dormitories\nand appurtenant facilities for the institutions specified in section\nsixteen hundred seventy-six, and from time to time to modify such plans,\nspecifications, designs or estimates;\n  8. By contract or contracts or by its own employees to construct,\nacquire, reconstruct, rehabilitate and improve, and furnish and equip,\ndormitories and necessary and usual attendant facilities for\nstate-operated institutions and statutory and contract colleges under\nthe jurisdiction of the state university of New York pursuant to\nagreement with the state university construction fund created by section\nthree hundred seventy-one of the education law;\n  9. To maintain, reconstruct and operate such dormitories until the\ncost thereof and the outstanding bonds thereon have been liquidated;\n  10. To fix and collect rentals and other charges for the use of\ndormitories and judicial facilities, court facilities or combined\noccupancy  structures or any parts thereof; to contract with holders of\nits bonds to fix such rentals and charges at rates at least sufficient\nto pay for all costs of operation, maintenance and repairs of the\ndormitories and judicial facilities, court facilities or combined\noccupancy structures, and the interest on and amortization of, or\npayment of its bonds issued to finance dormitories, judicial facilities,\ncourt facilities or combined occupancy structures; to provide by\ncontract for the promulgation, by the appropriate officer or body, in\nrelation to any institution described in subdivision two of section\nsixteen hundred seventy-six of this title, of such reasonable and proper\nrules and regulations as may be necessary to assure the maximum use of\nthe facilities of any dormitory at all times;\n  11. To borrow money and to issue negotiable bonds or notes and to\nprovide for the rights of the holders thereof;\n  12. To do all things necessary or convenient to carry out the purposes\nof this authority.\n  13. In connection with court facilities or combined occupancy\nstructures:\n  (a) To acquire by purchase, condemnation, gift, devise, lease or other\nagreement such real property or an interest  therein as may be necessary\nor convenient for the acquisition, construction, reconstruction,\nrehabilitation, improvement or provision of court facilities or combined\noccupancy structures;\n  (b) To prepare or cause to be prepared plans, specifications, designs\nand estimates of costs for the design, construction, reconstruction,\nrehabilitation or improvement of court facilities or combined occupancy\nstructures, and the equipping and furnishing thereof;\n  (c) To prepare or cause to be prepared a facility design and\nperformance plan with each participating municipality relating to court\nfacilities and combined occupancy structures in any case where the\nauthority and the participating municipality have agreed that the\nauthority will award contracts for the design and construction of the\nproject. Such plan shall set forth the terms and conditions associated\nwith the construction management process, including, but not limited to,\nprovisions relating to the selection of architects, construction\nconsultants, construction managers and contractors, the relative\nresponsibilities of the authority and the participating municipality\nwith respect to the initial project budget and the court facilities\nprogram, the preparation of working drawings and budgets, the project\nconstruction process, beneficial occupancy including formal\nnotifications, punch lists and acceptance by all parties, notification\nof construction completion, project close-out, and the commencement of\nresponsibility for maintenance of the facility. Such plan shall also\ninclude provisions relating to the responsibility of the authority to\nrequire appropriate performance and surety bonds, the diligent pursuit\nby the authority of remedies against architects, contractors and\nsureties deemed to be in default in the performance of their\nobligations, and, generally, the management of the construction process\nin a professional manner in accordance with prevailing construction\nindustry standards. The authority shall submit the facility design and\nperformance plan to the chief administrator for submission to the court\nfacilities capital review board in accordance with section sixteen\nhundred eighty-c of this chapter;\n  (d) To design, construct, reconstruct, rehabilitate or improve court\nfacilities or combined occupancy structures and to enter into contracts\nto cause court facilities or combined occupancy structures to be\ndesigned, constructed, reconstructed, rehabilitated or improved;\n  (e) To enter into leases, subleases or other agreements with\nparticipating municipalities in connection with court facilities and\njointly with participating municipalities and other persons, firms,\nassociations, corporations or agencies, including public bodies, in\naccordance with section sixteen hundred eighty-b of this article;\n  (f) To sell, convey, lease, sublease or otherwise transfer any real\nproperty or interest therein held by the authority to any person, firm,\nassociation, corporation or agency, including a public body, for the\npurpose of constructing or otherwise providing thereon a combined\noccupancy structure, provided that, simultaneously therewith, the\nauthority enters into an agreement for the reconveyance, purchase,\nlease, sublease or other acquisition of the court facilities to be\ncontained in such combined occupancy structures.\n  Any contract undertaken or financed by the dormitory authority for any\nconstruction, reconstruction, rehabilitation or improvement of any court\nfacilities or combined occupancy structures shall comply with the\nprovisions of sections one hundred one and one hundred three of the\ngeneral municipal law.\n  14. To adopt resolutions providing for a program of self-insurance to\npay for uninsured losses incurred by the dormitory authority by reason\nof a deductible feature in a policy or policies of insurance or to\nprevent a default in the compliance with any provision of any agreement,\nlease or resolution of the authority relating to or authorizing the\nissuance of obligations of the authority. When such program is approved\nby the superintendent of financial services of the state of New York,\nsuch program shall for all purposes of compliance by the dormitory\nauthority with any provision of an agreement, lease or resolution of the\nauthority relating to or authorizing the issuance of obligations of the\nauthority be deemed to be an insurance policy issued by an insurance\ncompany authorized to do business in the state of New York. The approval\nof the superintendent shall be based upon such standards as he shall\nfrom time to time determine to be appropriate in light of the said\nprogram, including but not limited to reasonable requirements regarding\nthe amounts and kinds of coverage provided and the minimum financing\nmaintained, and provided that the superintendent shall determine that\nsuch program will not be prejudicial to the best interests of the people\nof this state.\n  15. The authority shall, notwithstanding any other law, have the power\nto mortgage, pledge or assign any real or personal property of any\ndormitory or board of cooperative educational services school facility\nas and to the extent authorized by any agreement or lease between the\nauthority and any educational institution as defined in section sixteen\nhundred eighty of this title or any board of cooperative educational\nservices to secure any and all liabilities of such educational\ninstitution or board of cooperative educational services under such\nagreement or lease in respect of such dormitory or board of cooperative\neducational services facility not theretofore paid or discharged, or\nother real or personal property of the authority. Any such mortgage,\npledge or assignment by the authority, unless otherwise provided\ntherein, shall be superior to any right an educational institution or a\nboard of cooperative educational services may have with respect to the\nproperty subject to such mortgage, pledge or assignment, and upon\nforeclosure of any such mortgage or enforcement of any such pledge or\nassignment any such right shall be extinguished.\n  16. To acquire and to enter into commitments to acquire any federally\nguaranteed security and to pledge or otherwise use any such federally\nguaranteed security in such manner as the authority deems in its best\ninterest to secure or otherwise provide a source of repayment on any of\nits bonds issued on behalf of any hospital designated as an educational\ninstitution in section sixteen hundred eighty of this title or to enter\ninto any appropriate agreement with any hospital designated as an\neducational institution in section sixteen hundred eighty of this title\nwhereby the authority may make a loan to any such hospital for the\npurpose of acquiring and entering into commitments to acquire any\nfederally guaranteed security. Any agreement entered into pursuant to\nthis subdivision may contain such provisions which are deemed necessary\nor desirable by the authority for the security or protection of the\nauthority or the holders of such bonds; provided, however, that the\nauthority, prior to making any such acquisition, commitment or loan,\nshall first determine, and shall first enter into an agreement with any\nsuch hospital or any other appropriate institution or corporation to\nrequire, that the proceeds derived from the acquisition of any such\nfederally guaranteed security will be used for the purpose of providing\nor refinancing any dormitory for any hospital designated as an\neducational institution in section sixteen hundred eighty of this title,\nincluding any facility, real property, equipment and appurtenant and\nrelated facilities.\n  17. To make and undertake commitments to make education loans to any\nindependent institution for higher education located in this state,\nrecognized and approved by the regents of the university of the state of\nNew York, which provides a course of study leading to the granting of a\npost-secondary degree, for the purpose of enabling any such institution\nfor higher education to make student loans to any student attending such\nindependent institution for higher education, the parents of any such\nstudent or both for the purpose of financing the cost of attendance by\nsuch student at such independent institution for higher education, to\nmake and to commit to make direct loans to a student or the parents of a\nstudent or both for the purpose of financing the cost of attendance by\nsuch student at a public institution for higher education, and to\npurchase, acquire or take by assignment or otherwise student loans from\nsuch an independent institution for higher education. Each loan and\npurchase of a student loan by the authority authorized by this\nsubdivision shall be premised upon an agreement, agreements, or\nsupplements thereto, between the authority and such institution for\nhigher education, such student or the parents of the student or both,\nwhich agreement, agreements, or supplements thereto, may make provisions\nas to payment, security, payment of any expenses or costs of the\nauthority and any other matters deemed appropriate by the authority.\n  All provisions of this title not inconsistent with the provisions of\nthis subdivision shall be applicable with respect to any bonds of the\nauthority issued to obtain funds for any purpose authorized under this\nsubdivision, and with respect to the powers of the authority and any\nsuch institution for higher education provided, however, that the use of\nany such powers in order to effectuate the purpose of section sixteen\nhundred seventy-nine of this chapter be expressed by guidelines subject\nto the review of the advisory committee pursuant to paragraph ten of\nsection sixteen hundred seventy-nine of this chapter. Bonds of the\nauthority issued for the purposes of this subdivision shall be deemed to\nbe issued for the financing and construction of a project within the\nmeaning of section fifty-one of this chapter.\n  18. To make and undertake commitments to make HEAL education loans to\nany independent institution for higher education located in this state,\nwhich is an eligible institution pursuant to title IV, part C, of the\n"Health Professions Educational Assistance Act of 1976", as now or\nhereafter amended, for the purpose of enabling any such institution to\nmake HEAL student loans, to make and to commit to make HEAL direct loans\nto an eligible student attending a public or independent institution for\nhigher education, and to purchase, acquire or take by assignment or\notherwise HEAL student loans, and to sell and commit to sell HEAL direct\nloans, HEAL education loans and HEAL student loans purchased, acquired\nor taken by assignment or otherwise by the authority to the extent\nnecessary to assure the marketability of and the adequacy of the\nsecurity for the bonds of the authority. Each loan and purchase of a\nHEAL student loan by the authority authorized by this subdivision shall\nbe premised upon an agreement, agreements, or supplements thereto,\nbetween the authority and such institution for higher education or such\nstudent, which agreement, agreements, or supplements thereto, may, to\nthe extent permitted by federal law and regulations, make provisions as\nto payment, security, payment of any expenses or costs of the authority\nand any other matters deemed appropriate by the authority. The authority\nshall be deemed to be and is authorized to act as an eligible lender as\ndefined in title IV, part C, of the "Health Professions Educational\nAssistance Act of 1976", as now or hereafter amended, for purposes of\nthe health education assistance loan program authorized thereunder.\n  All provisions of this title not inconsistent with the provisions of\nthis subdivision shall be applicable with respect to any bonds of the\nauthority issued to obtain funds for any purpose authorized under this\nsubdivision, and with respect to the powers of the authority and any\nsuch institution for higher education, provided, however, that the use\nof any such powers in order to effectuate the purpose of sections\nsixteen hundred seventy-nine and sixteen hundred seventy-nine-a of this\nchapter be expressed by guidelines subject to the review of the advisory\ncommittee pursuant to subdivision ten of section sixteen hundred\nseventy-nine of this chapter. Bonds of the authority issued for the\npurposes of this subdivision shall be deemed to be issued for the\nfinancing and construction of a project within the meaning of section\nfifty-one of this chapter.\n  19. By contract or contracts or by its own employees to design,\ncontruct, acquire, reconstruct, rehabilitate and improve, and furnish\nand equip, or otherwise provide judicial facilities.\n  All provisions of this title not inconsistent with the provisions of\nthis subdivision shall be applicable with respect to any bonds of the\nauthority issued to obtain funds for any purpose authorized under this\nsubdivision, and with respect to the powers of the authority; provided,\nhowever, that the authority shall not undertake the provision of\njudicial facilities authorized by this subdivision unless the governing\nbody of any county, within the tenth judicial district, that does not\ncontain a city for whose use judicial facilities are to be provided\nconsents thereto.\n  20. To enter into a contract or contracts with the commissioner of\nhealth for the purpose of implementing the health facility restructuring\npool pursuant to section twenty-eight hundred fifteen of the public\nhealth law, and to receive, hold, invest and pay out moneys deposited in\nthe restructuring pool. In connection therewith, the authority shall\nexercise all of its powers under article eight of this chapter.\n  21. (a) To enter into one or more agreements with the state university\nof New York to provide financial assistance on behalf of the state, as\nprovided in subdivision eight of section six thousand three hundred four\nof the education law, to the local sponsors of community colleges for\nthe design, acquisition, construction, reconstruction, rehabilitation or\nimprovement of one or more facilities for locally sponsored community\ncolleges and the furnishing or equipping of such facilities. Each such\nagreement shall provide for annual payments to the dormitory authority\nfrom the state aid or other financial assistance provided to the local\nsponsor of such community college and paid into the community college\ntuition and instructional fund pursuant to paragraph (iii) of\nsubdivision two of section ninety-seven-p of the state finance law, and\ncontain such other terms and conditions as may be agreed upon by the\nparties thereto, including, but not limited to, provisions relating to\nthe establishment of reserve funds and indemnities. Each such agreement\nshall be subject to the approval of the director of the budget.\n  (b) Any such agreement entered into pursuant to this subdivision may\nprovide that the provisions thereof shall remain in force and effect\nuntil the issue of bonds of the dormitory authority to which it relates,\ntogether with interest thereon, interest on any unpaid installments of\ninterest and the fees and expenses of the dormitory authority, are fully\nmet and discharged, and any payments to be made by the state may be\npledged by the dormitory authority to secure such bonds.\n  (c) No agreement entered into pursuant to this section shall be\nconstrued to limit or diminish the power of the dormitory authority with\nrespect to a locally sponsored community college with respect to\nproviding construction related services in connection with the\nconstruction, reconstruction, improvement, renovation, development or\nexpansion of locally sponsored community college facilities.\n  23. To make equipment loans pursuant to section sixteen hundred\nseventy-nine-b of this article and, in connection with such equipment\nloans, to enter into all necessary or useful agreements with respect to\nsuch loans.\n  24. To acquire bonds, notes or other obligations of any school\ndistrict or city of the state issued to finance or refinance school\ndistrict capital facilities and school district capital equipment and to\nmake loan commitments and loans to school districts and to cities for\nsuch purposes, and to enter into arrangements with school districts and\ncities for the purchase of such bonds, notes or other obligations.\n  * 25. (a) To form one or more subsidiaries for the purpose of limiting\nthe potential liability of the authority when exercising the powers and\nduties conferred upon the authority by this article in connection with\nthe exercise of remedies by the authority against any borrower regulated\nunder article twenty-eight of the public health law that has defaulted\nin its obligations under its loan agreement or mortgage with the\nauthority and for which an event of default has been declared by the\nauthority. Each such subsidiary created pursuant to this subdivision may\nexercise and perform one or more of the purposes, powers, duties,\nfunctions, rights and responsibilities of the authority (other than the\nissuance of indebtedness) in connection with real and personal property\nwith respect to which the authority holds or held a mortgage, security\ninterest or other collateral interest including: (i) bidding for,\ntaking, holding, selling, conveying, assigning or transferring title to\nsuch property; (ii) entering into leases, subleases, operating\nagreements, security agreements, loan agreements or other encumbrances\nor arrangements with regard to such property and acting in a manner\nconsistent with the rights, obligations or responsibilities of the owner\nof such property pursuant to such agreements or encumbrances; (iii)\nassuming any indebtedness or other liabilities secured by such property.\nNotwithstanding any other provision of law to the contrary, but in all\ninstances subject to the provisions of any contract with bondholders,\nthe transfer of title to any such subsidiary or any other actions taken\nby the authority or such subsidiary to enforce the authority's rights\nunder the mortgage, security interest or other collateral interest or to\nprotect, acquire, manage or dispose of the property shall be deemed to\nbe a corporate purpose of the authority and shall not impair the\nvalidity of any bonds, notes or other obligations of the authority to\nwhich the mortgage, security interest or other collateral interest\nrelates.\n  (b) Each such subsidiary authorized by paragraph (a) of this\nsubdivision shall be established in the form of a public benefit\ncorporation by executing and filing with the secretary of state a\ncertificate of incorporation which shall identify the authority as the\nentity organizing such subsidiary and set forth the name of such\nsubsidiary public benefit corporation, its duration, the location of its\nprincipal office and its corporate purposes as provided in this\nsubdivision and which certificate may be amended from time to time by\nthe filing of amendments thereto with the secretary of state. Each such\nsubsidiary shall be organized as a public benefit corporation, shall be\na body politic and corporate, and shall have all the privileges,\nimmunities, tax exemptions and other exemptions of the authority. The\nmembers of each such subsidiary shall be the same as the members of the\nauthority and the provisions of subdivision two of section sixteen\nhundred ninety-one of this title shall in all respects apply to such\nmembers when acting in such capacity.\n  (c) Nothing in this subdivision shall be construed to impose any\nliabilities, obligations or responsibilities of any such subsidiary upon\nthe authority and the authority shall have no liability or\nresponsibility therefor unless the authority expressly agrees to assume\nthe same.\n  (d) Each such subsidiary created pursuant to this subdivision shall be\nsubject to any other provision of this chapter pertaining to\nsubsidiaries of public authorities.\n  (e) Notwithstanding any other provision of law to the contrary,\nincluding but not limited to title five-A of article nine of this\nchapter, the Atlantic Avenue Healthcare Property Holding Corporation is\nhereby authorized and empowered to sell, exchange, lease, transfer and\nconvey certain real property located at 483-503 Herkimer Street,\n1028-1038 Broadway, 528 Prospect Place and/or 1366 East New York Avenue,\nall in Brooklyn, New York as directed by the commissioner of New York\nstate division of homes and community renewal, upon such terms and\nconditions as such commissioner may fix and determine.\n  Such sale, exchange, lease, transfer and conveyance shall be\nconsistent with and made pursuant to a plan to increase access and\nquality of health care services and preventative care and create\naffordable housing approved by the commissioner of New York state\ndivision of homes and community renewal, the commissioner of health and\nthe director of the division of the budget to transform the Central\nBrooklyn region. Such plan shall include any combination of initiatives\nintended to: increase access to open spaces, transform health care by\nincreasing access and quality of health care services and preventative\ncare, create affordable housing, improve youth development, prevent\ncommunity violence, address social determinants of health, and provide\nany ancillary services thereto.\n  Notwithstanding the foregoing, no such sale, exchange, transfer, lease\nor conveyance shall be permitted pursuant to this section, unless in the\nopinion of bond counsel to the authority, such sale, exchange, transfer,\nlease or conveyance does not impair the tax-exempt status of any\noutstanding bonds or other obligations, if any, issued by the authority\nto finance or refinance the subject property. For the purposes of such\nopinion, the valuation of such property being sold, exchanged,\ntransferred, leased or conveyed may reflect the terms and conditions set\nforth in the plan.\n  (f) The description in paragraph (e) of this subdivision of the lands\nto be transferred and conveyed is not intended to be a legal\ndescription, but is intended only to identify the premises to be\nconveyed. As a condition of transfer and conveyance, the Atlantic Avenue\nHealthcare Property Holding Corporation shall receive an accurate survey\nand description of the lands generally described in paragraph (e) of\nthis subdivision, which may be used in the conveyance thereof.\n  * NB Effective until July 1, 2028\n  * 25. (a) To form a subsidiary for the purpose of limiting the\npotential liability of the authority when exercising the powers and\nduties conferred upon the authority by article eight of this chapter in\nconnection with the exercise of remedies by the authority against North\nGeneral Hospital, an eligible secured borrower (as defined in chapter\nfive hundred ninety of the laws of two thousand two) located in the\nborough of Manhattan, New York that has defaulted in its obligations\nunder its loan agreement or mortgage with the authority and for which an\nevent of default has been declared by the authority. Such subsidiary\ncreated pursuant to this subdivision may exercise and perform one or\nmore of the purposes, powers, duties, functions, rights and\nresponsibilities of the authority other than the issuance of\nindebtedness, in connection with real and personal property with respect\nto which the authority holds or held a mortgage, security interest or\nother collateral interest including: (i) bidding for, taking, holding,\nselling, conveying, assigning or transferring title to such property;\n(ii) entering into leases, subleases, operating agreements, security\nagreements, loan agreements or other encumbrances or arrangements with\nregard to such property and acting in a manner consistent with the\nrights, obligations or responsibilities of the owner of such property\npursuant to such agreements or encumbrances; (iii) assuming any\nindebtedness or other liabilities secured by such property.\nNotwithstanding any other provision of law to the contrary, but in all\ninstances subject to the provisions of any contract with bondholders,\nthe transfer of title to such subsidiary or any other actions taken by\nthe authority or the subsidiary to enforce the authority's rights under\nthe mortgage, security interest or other collateral interest or to\nprotect, acquire, manage or dispose of the property shall be deemed to\nbe a corporate purpose of the authority and shall not impair the\nvalidity of any bonds, notes or other obligations of the authority to\nwhich the mortgage, security interest or other collateral interest\nrelates.\n  (b) Such subsidiary authorized by paragraph (a) of this subdivision\nshall be established in the form of a public benefit corporation by\nexecuting and filing with the secretary of state a certificate of\nincorporation which shall identify the authority as the entity\norganizing such subsidiary and set forth the name of such subsidiary\npublic benefit corporation, its duration, the location of its principal\noffice and its corporate purposes as provided in this subdivision and\nwhich certificate may be amended from time to time by the filing of\namendments thereto with the secretary of state. Such subsidiary shall be\norganized as a public benefit corporation, shall be a body politic and\ncorporate, and shall have all the privileges, immunities, tax exemptions\nand other exemptions of the authority. The members of such subsidiary\nshall be the same as the members of the authority and the provisions of\nsubdivision two of section sixteen hundred ninety-one of this title\nshall in all respects apply to such members when acting in such\ncapacity.\n  (c) Nothing in this subdivision shall be construed to impose any\nliabilities, obligations or responsibilities of such subsidiary upon the\nauthority and the authority shall have no liability or responsibility\ntherefor unless the authority expressly agrees to assume the same.\n  (d) Such subsidiary created pursuant to this subdivision shall be\nsubject to any other provision of this chapter pertaining to\nsubsidiaries of public authorities.\n  (e) Notwithstanding any other provision of law to the contrary,\nincluding but not limited to title five-A of article nine of this\nchapter, the Atlantic Avenue Healthcare Property Holding Corporation is\nhereby authorized and empowered to sell, exchange, lease, transfer and\nconvey certain real property located at 483-503 Herkimer Street,\n1028-1038 Broadway, 528 Prospect Place and/or 1366 East New York Avenue,\nall in Brooklyn, New York as directed by the commissioner of New York\nstate division of homes and community renewal, upon such terms and\nconditions as such commissioner may fix and determine.\n  Such sale, exchange, lease, transfer and conveyance shall be\nconsistent with and made pursuant to a plan to increase access and\nquality of health care services and preventative care and create\naffordable housing approved by the commissioner of New York state\ndivision of homes and community renewal, the commissioner of health and\nthe director of the division of the budget to transform the Central\nBrooklyn region. Such plan shall include any combination of initiatives\nintended to: increase access to open spaces, transform health care by\nincreasing access and quality of health care services and preventative\ncare, create affordable housing, improve youth development, prevent\ncommunity violence, address social determinants of health, and provide\nany ancillary services thereto.\n  Notwithstanding the foregoing, no such sale, exchange, transfer, lease\nor conveyance shall be permitted pursuant to this section, unless in the\nopinion of bond counsel to the authority, such sale, exchange, transfer,\nlease or conveyance does not impair the tax-exempt status of any\noutstanding bonds or other obligations, if any, issued by the authority\nto finance or refinance the subject property. For the purposes of such\nopinion, the valuation of such property being sold, exchanged,\ntransferred, leased or conveyed may reflect the terms and conditions set\nforth in the plan.\n  (f) The description in paragraph (e) of this subdivision of the lands\nto be transferred and conveyed is not intended to be a legal\ndescription, but is intended only to identify the premises to be\nconveyed. As a condition of transfer and conveyance, the Atlantic Avenue\nHealthcare Property Holding Corporation shall receive an accurate survey\nand description of the lands generally described in paragraph (e) of\nthis subdivision, which may be used in the conveyance thereof.\n  * NB Effective July 1, 2028\n  * 26. To enter into a design and construction management agreement\nwith the department of environmental conservation, pursuant to which one\nor more facilities are to be designed, constructed, reconstructed,\nrehabilitated, improved, furnished or equipped for such department. Any\nsuch design and construction management agreement entered into pursuant\nto this subdivision shall provide for the following: the scope of design\nand construction management services to be provided by the authority,\nthe manner in which those services will be provided, the fees to be\ncharged by the authority and the sources of funds for the projects. No\ndesign-build contract as defined in chapter fifty-six of the laws of two\nthousand eleven shall be awarded pursuant to this subdivision.\n  * NB Repealed April 1, 2027\n  * 27. To enter into a design and construction management agreement\nwith the office of parks, recreation and historic preservation, pursuant\nto which one or more facilities are to be designed, constructed,\nreconstructed, rehabilitated, improved, furnished or equipped for such\noffice. Any such design and construction management agreement entered\ninto pursuant to this subdivision shall provide for the following: the\nscope of design and construction management services to be provided by\nthe authority, the manner in which those services will be provided, the\nfees to be charged by the authority and the sources of funds for the\nprojects. No design-build contract as defined in chapter fifty-six of\nthe laws of two thousand eleven shall be awarded pursuant to this\nsubdivision.\n  * NB Repealed April 1, 2027\n  28. To enter into a construction management agreement with the New\nYork city housing authority, pursuant to which one or more facilities\nowned or operated by the New York city housing authority located in the\ncity of New York are to be constructed, reconstructed, demolished,\nimproved, modernized, renovated or expanded for such authority.\n  * 29. Notwithstanding any law to the contrary, to establish a pilot\nprogram for the award of contracts up the maximum dollar amount\nspecified in paragraph (e) of this subdivision, for the procurement of\ngoods or services from, or for the construction, reconstruction,\nrehabilitation or improvement of facilities by, small businesses as\ndefined in section one hundred thirty-one of the economic development\nlaw and minority-owned and women-owned business enterprises as defined\nin section three hundred ten of the executive law, notwithstanding the\nexpiration of such section pursuant to subdivision (h) of section one\nhundred twenty-one of chapter two hundred sixty-one of the laws of\nnineteen hundred eight-eight, as amended, in accordance with the\nfollowing provisions:\n  (a) Procurements made pursuant to this subdivision shall be governed\nby the authority's procurement policy and guidelines adopted pursuant to\nsection twenty-eight hundred seventy-nine of this chapter, with\nparticipation in the pilot program confined to small businesses, as\ndefined in section one hundred thirty-one of the economic development\nlaw, and minority-owned and women-owned business enterprises, as defined\nin section three hundred ten of the executive law.\n  (b) Procurements made pursuant to this subdivision shall be designated\nas such by the authority, in its sole discretion, pursuant to\npre-established criteria contained in the authority's procurement and\npolicy guidelines described in paragraph (a) of this subdivision. Such\ndesignation shall be made prior to the advertisement and request for\nbids or proposals, and any such advertisement or request shall indicate\nthis designation clearly.\n  (c) If the total number of parties responding and considered capable\nof meeting the specifications and terms of the advertisement and request\nfor bids or proposals is less than three, or if the authority determines\nthat acceptance of any bid or proposal will result in the payment of an\nunreasonable price, the authority shall reject all responses and\nwithdraw the designation made pursuant to paragraph (b) of this\nsubdivision.\n  (d) Procurements made pursuant to this subdivision may be undertaken\nin conjunction with section one hundred forty-seven of the state finance\nlaw authorizing a mentor-protege program to foster long-term\nrelationships between approved mentor firms and small business concerns\nand minority and women-owned businesses certified pursuant to article\nfifteen-A of the executive law.\n  (e) The total value of contracts awarded pursuant to this subdivision\nshall not exceed the greater of twenty million dollars or five percent\nof the value of all contracts awarded by the authority in a given fiscal\nyear.\n  The authority shall submit a report, no later than September\nthirtieth, two thousand twenty-four, and annually thereafter, to the\ngovernor, the temporary president of the senate and the speaker of the\nassembly regarding procurements made pursuant to this subdivision. Such\nreport shall include a description of each procurement made pursuant to\nthis subdivision, information regarding the procurement process for each\nsuch procurement contract, including the list of responding entities\nthat demonstrated the capability to meet the specifications and terms of\nthe procurement made pursuant to this subdivision if such procurement\ndid not use lowest responsible bidding, the project identification\nnumber and a description for each such project, the completion date or\nprojected completion date as applicable for each such project, the\nstatus of each such project, the total cost or projected cost and cost\nmodifications of each such project procured pursuant to this\nsubdivision, indication of whether the party awarded a contract pursuant\nto this subdivision served as a general contractor or subcontractor in\nfulfilling the contract, and the total dollar value of monies paid to\nminority-owned and women-owned business enterprises pursuant to this\nsubdivision itemized by year and including the total dollar values for\nthe five years preceding the respective annual report's release date.\nFor annual reports any new procurements and changes during the period\ncovered by the report shall be identified separately.\n  * NB Repealed July 1, 2027\n  30. To enter into one or more agreements with the office of cannabis\nmanagement, the cannabis control board, or the private debt or equity\nfund, selected pursuant to subdivision thirty-two of this section, in\nwhich the state or any state agency, public authority, public benefit\ncorporation, or division thereof has invested and is formed for the\nlimited purpose of funding the capital costs associated with\nestablishing conditional adult-use cannabis retail dispensaries for\noperation by social equity licensees duly licensed pursuant to article\ntwo of the cannabis law, for the following purposes:\n  (a) (i) To acquire by lease or sublease such real property or any\ninterest therein as may be necessary or convenient for the construction,\nreconstruction, rehabilitation, improvement, or provision of conditional\nadult-use cannabis retail dispensaries for operation by social equity\nlicensees, as agent, and (ii) to acquire by purchase or other agreement,\npersonal property or interest therein as may be necessary for the\nacquisition, construction, reconstruction, rehabilitation, improvement\nor provision of such dispensaries, whether as principal or agent;\n  (b) To prepare or cause to be prepared, whether as principal or agent,\nplans, specifications, designs, and estimates of costs for the design,\nconstruction, reconstruction, rehabilitation, improvement, furnishing or\nequipping of conditional adult-use cannabis retail dispensaries for\noperation by social equity licensees;\n  (c) To design, construct, reconstruct, rehabilitate, or to cause the\ndesign, construction, rehabilitation or improvement of, whether as\nprincipal or agent, conditional adult-use cannabis retail dispensaries\nfor operation by social equity licensees and to enter into contracts to\ncause such facilities to be designed, constructed, reconstructed,\nrehabilitated, improved, furnished, or equipped;\n  (d) To enter, as lessor or as agent for the lessor, into leases,\nsubleases, or other agreements with the social equity licensees\noperating for the conditional adult-use cannabis retail dispensaries;\nprovided that (i) the authority shall only enter in lease agreements as\nagent of the private debt or equity fund selected pursuant to\nsubdivision thirty-two of this section, (ii) any general terms of such\nlease agreement, and any material deviations or changes therefrom, are\napproved by the office of cannabis management; and\n  (e) To enter, as lender or as agent to the lender, into a non-recourse\nloan or other agreements with the social equity licensees operating the\nconditional adult-use cannabis retail dispensaries, provided that any\ngeneral terms of such non-recourse loan agreements, and any material\ndeviations or changes therefrom, are approved by the office of cannabis\nmanagement and that the terms of the non-recourse loan agreement do not\ninclude a penalty for early termination but will allow for the inclusion\nof a make-whole provision and shall not, at the time the loan is\nestablished, exceed the prime lending rate plus one-half the interest\nrate specified under subdivision one of section fourteen-a of the\nbanking law, nor include terms or conditions that would allow for an\nequity position in the social equity licensee's conditional adult-use\ncannabis retail dispensary business or that would entitle a share in, or\nclaim to, any revenue or profit generated by such business.\n  31. (a) To form one or more subsidiaries for the purpose of limiting\nthe potential liability of the authority when exercising the powers and\nduties conferred upon the authority by subdivision thirty of this\nsection in connection with certain work performed on behalf of the\noffice of cannabis management, the cannabis control board, or the\nprivate debt or equity fund in which the state or any state agency,\npublic authority, public benefit corporation, or division thereof has\ninvested and has been selected pursuant to subdivision thirty-two of\nthis section. Such subsidiary created pursuant to this subdivision may\nexercise and perform one or more of the purposes, powers, duties,\nfunctions, rights and responsibilities of the authority other than the\nissuance of indebtedness, in connection with real and personal property\nwith respect to which the authority holds title or a leasehold interest,\nin its own name or as agent for the titleholder or leaseholder\nincluding, but not limited to: (i) entering into leases, subleases, or\nother arrangements with regard to such property and acting in a manner\nconsistent with the rights, obligations or responsibilities of the\nowner, landlord or tenant of such property pursuant to such lease or\nsublease agreements; (ii) servicing non-recourse loan payments; (iii)\nfurnishing property management services; and (iv) providing general\noperational and administrative support services.\n  (b) Such subsidiary authorized by paragraph (a) of this subdivision\nshall be established in the form of a public benefit corporation by\nexecuting and filing with the secretary of state a certificate of\nincorporation which shall identify the authority as the entity\norganizing such subsidiary and set forth the name of such subsidiary\npublic benefit corporation, its duration, the location of its principal\noffice and its corporate purposes as provided in this subdivision and\nwhich certificate may be amended from time to time by the filing of\namendments thereto with the secretary of state. Such subsidiary shall be\norganized as a public benefit corporation, shall be a body politic and\ncorporate, and shall have all the privileges, immunities, tax exemptions\nand other exemptions of the authority. The members of such subsidiary\nshall be the same as the members of the authority and the provisions of\nsubdivision two of section sixteen hundred ninety-one of this title\nshall in all respects apply to such members when acting in such\ncapacity.\n  (c) Nothing in this subdivision shall be construed to impose any\nliabilities, obligations, or responsibilities of such subsidiary upon\nthe authority and the authority shall have no liability or\nresponsibility therefor unless the authority expressly agrees to assume\nthe same.\n  (d) Such subsidiary created pursuant to this subdivision shall be\nsubject to any other provision of this chapter pertaining to\nsubsidiaries of public authorities.\n  32. (a) (i) To select a private debt or equity fund formed for the\nsole purpose of funding the capital costs, including closely related\nancillary and administrative costs, associated with establishing\nconditional adult-use cannabis retail dispensaries for operation by\nsocial equity licensees deemed to be eligible by the office of cannabis\nmanagement for financing through such fund or related costs, provided\nthat any partnership agreement between the fund and the authority, shall\nbe subject to the written approval or resolution of the cannabis control\nboard, the board of the dormitory authority, and the director of the\ndivision of the budget, and the selection of such general partner shall\nbe made in consultation with the office of cannabis management.\n  (ii) The organizational structure and investment policy of the\nselected fund and the provisions of the partnership agreement shall\nsatisfy the following parameters and requirements:\n  (1) The fund shall have a public policy committee composed of the\nchair of the cannabis control board, executive director of the office of\ncannabis management, and the president of the authority, or their\nrepresentatives, who shall guide the decisions of the selected fund to\nachieve the public policy goals of the state, which includes providing\nadvice and direction to the fund where matters implicate public policy\nand confirming the fund's adherence to its public purpose, which\nincludes compliance with stated objectives or mission of the cannabis\nlaw and the marihuana regulation and taxation act, generally and more\nspecifically, to provide social equity conditional adult-use cannabis\nretail dispensary licensees with the opportunity of acquiring\ncommercially viable retail operations;\n  (2) Such committee shall:\n  (A) review and approve of the fund's investment policy statement and\nany changes thereto;\n  (B) review and approve any changes to the use and distribution of\ninvestment funds;\n  (C) review and approve the fund's strategic plan, particularly those\npertaining to the investor class, the establishment, management, and\nliquidation of investments by the fund;\n  (D) monitor the fund's risk profile, investment activity, and\nperformance;\n  (E) approve the maximum amount of promised return on investment,\nmanagement fees, and compensation of the general partner;\n  (F) review and approve any changes or amendments to the fund's\norganizational structure, partnership agreements, and the fund manager\nor servicer's agreement to ensure that they are consistent with the\nfund's public purpose;\n  (G) take reasonable steps, at the direction of the office of cannabis\nmanagement, to provide geographic equity and representation in\nestablishing such conditional adult-use cannabis retail dispensaries for\noperation by social equity licensees, to the extent practicable, in\nsupport of the public purpose of the fund and further, at the direction\nof the office of cannabis management that the site selection for such\ndispensaries comports with the requirements of the cannabis law and the\nmarihuana regulation and taxation act, and its rules and regulations\ngoverning the location of conditional adult-use cannabis dispensaries;\nand\n  (H) confirm that any real property leases and loan agreements issued\nby or on behalf of the fund shall be provided to social equity\nlicensees, duly licensed pursuant to article two of the cannabis law;\n  (3) The general partner and the fund shall to the extent allowable by\nsection one of article five of the state constitution, authorize the\ncomptroller of the state, or the comptroller's legally authorized\nrepresentatives, to access, examine, or audit the accounts and books of\nthe fund including its receipts, disbursements, contracts, investments,\nand any other items directly relating to its financial standing and\ncooperate with any such financial examination or financial audit on an\nannual basis. The general partner shall agree to cause the key officers\nto be available to discuss the fund and the partnership and its\nactivities at the time of the audit;\n  (4) The general partner shall agree to cause the key officers to be\navailable to discuss the fund and the partnership and its activities at\nthe request of the public policy committee;\n  (5) Any real property subleased out by the fund to a social equity\nlicensee shall be at the same rate on which the fund has leased such\nproperty;\n  (6) The fund shall not be authorized to borrow any money or to incur\nany indebtedness, including guarantees, except when approved by the\npublic policy committee;\n  (7) The fund shall not be voluntarily terminated early without the\nprior consent of the public policy committee;\n  (8) The fund shall have a conflict-of-interest policy approved by the\npublic policy committee;\n  (9) Any loan agreement the fund enters into with social equity\nlicensees shall be a non-recourse loan and shall allow prepayment of the\ndebt without any penalty imposed by the fund but will allow for the\ninclusion of a make-whole provision and shall not, at the time that the\nnon-recourse loan is established, exceed the prime lending rate plus\none-half the maximum interest rate specified under subdivision one of\nsection fourteen-a of the banking law;\n  (10) The fund shall not accept more than two hundred million dollars\nin total investment over the course of its life and the state's\ncontribution to the fund shall not exceed fifty million dollars; and\n  (11) The fund shall not take any equity positions in, issue equity\nloans to, or enter into revenue or profit sharing agreements with any\nsocial equity adult-use cannabis retail dispensary business or include\nany terms and conditions in an agreement with such business to that\neffect; the fund shall also not include any excessive penalties within\nthe loan agreements; and\n  (12) Any other requirement as the dormitory authority may deem\nappropriate, in consultation with the office of cannabis management, or\nthe cannabis control board.\n  (b) (i) After the funding of the private debt or equity fund as\nprovided pursuant to this subdivision, the authority shall prepare an\nannual report beginning on December thirtieth, two thousand twenty-two\nand annually thereafter, which report shall include, but not be limited\nto:\n  (1) the number of conditional adult-use cannabis retail dispensaries\nassisted by the authority pursuant to this subdivision;\n  (2) the geographic distribution of sites designated by the office of\ncannabis management and prepared by the authority for conditional\nadult-use cannabis retail dispensaries for operation by licensed social\nequity businesses; and\n  (3) any other such data and information, including information about\nsubsidiary or subsidiaries created pursuant to subdivision thirty-one of\nthis section.\n  (4) Additionally, for the first report, the authority shall report on\nthe procurement and selection of the general partner.\n  (ii) Such report shall be published on the authority's website and\npresented to the governor, the temporary president of the senate and the\nspeaker of the assembly, no later than December thirtieth, two thousand\ntwenty-two and annually thereafter; and\n  (iii) The authority shall further submit a copy of the partnership\nagreement between the fund and the authority, to the governor, the\ntemporary president of the senate, and the speaker of the assembly no\nlater than fifteen days after such agreement has been fully executed.\n
N.Y. RPT Law § 499-BBB — New York Code / Act RPT / Article 4 / Title 4-B / Section 499-BBB
Real property tax abatement
Status: in_force

§ 499-bbb. Real property tax abatement. An eligible building shall\nreceive an abatement of real property taxes as provided in this title\nand the rules promulgated hereunder.\n  1. (a) The amount of such tax abatement for any tax year commencing on\nor after July first, two thousand nine and ending on or before June\nthirtieth, two thousand fourteen shall be four dollars and fifty cents\nper square foot of a green roof pursuant to an approved application for\ntax abatement; provided, however, that the amount of such tax abatement\nshall not exceed the lesser of (i) one hundred thousand dollars or (ii)\nthe tax liability for the eligible building in the tax year in which the\ntax abatement is taken.\n  (b) The total amount of such tax abatement commencing on or after July\nfirst, two thousand fourteen and ending on or before June thirtieth, two\nthousand thirty-one, shall be ten dollars per square foot of a green\nroof pursuant to an approved application for tax abatement; provided,\nhowever, that the amount of such tax abatement shall not exceed two\nhundred thousand dollars. To the extent the amount of such tax abatement\nexceeds the total tax liability in any tax year, any remaining amount\nmay be applied to the tax liability in succeeding tax years, provided\nthat such abatement must be applied within five years of the tax year in\nwhich the tax abatement was initially taken.\n  (c) Notwithstanding paragraph (b) of this subdivision, property\nlocated within specifically designated New York city community\ndistricts, selected by an agency designated by the mayor of the city of\nNew York pursuant to subdivision five of this section, shall receive an\nenhanced tax abatement for any green roof. The total amount of such\nenhanced tax abatement commencing on or after July first, two thousand\nnineteen and ending on or before June thirtieth, two thousand\nthirty-one, shall be fifteen dollars per square foot of a green roof\npursuant to an approved application for enhanced tax abatement:\nprovided, however, that the amount of such enhanced tax abatement shall\nnot exceed two hundred thousand dollars. To the extent the amount of\nsuch enhanced tax abatement exceeds the total tax liability in any tax\nyear, any remaining amount may be applied to the tax liability in\nsucceeding tax years, provided that such abatement must be applied\nwithin five years of the tax year in which the tax abatement was\ninitially taken.\n  (d) Notwithstanding paragraph (b) or (c) of this subdivision, the\naggregate amount of tax abatements allowed under this subdivision for\nthe tax year commencing July first, two thousand fourteen and ending\nJune thirtieth, two thousand fifteen shall be a maximum of seven hundred\nfifty thousand dollars, and the aggregate amount of tax abatements\nallowed under this subdivision for any tax year commencing on or after\nJuly first, two thousand fifteen and ending on or before June thirtieth,\ntwo thousand thirty-one shall be a maximum of four million dollars. No\ntax abatements shall be allowed under this subdivision for any tax year\ncommencing on or after July first, two thousand thirty-one.\n  (e) Such aggregate amount of tax abatements including enhanced tax\nabatements, shall be allocated by the department of finance on a first\ncome first serve basis among applicants whose applications have been\napproved by a designated agency. If such allocation is not made prior to\nthe date that the real property tax bill, statement of account or other\nsimilar bill or statement is prepared, then the department of finance\nshall, as necessary, after such allocation is made, submit an amended\nreal property tax bill, statement of account or other similar bill or\nstatement to any applicant whose abatement must be adjusted to reflect\nsuch allocation. Nothing in this paragraph shall be deemed to affect the\nobligation of any taxpayer under applicable law with respect to the\npayment of any installment of real property tax for the fiscal year as\nto which such allocation is made, which was due and payable prior to the\ndate such amended real property tax bills are sent, and the department\nof finance shall be authorized to determine the date on which amended\nbills are to be sent and the installments of real property tax which are\nto be reflected therein.\n  2. Such tax abatement shall commence on July first following the\napproval of an application for tax abatement by a designated agency.\n  3. With respect to any eligible building held in the condominium form\nof ownership that receive a tax abatement pursuant to this title, such\ntax abatement benefits shall be apportioned among all of the condominium\ntax lots within such eligible building.\n  4. If, as a result of application to the tax commission or a court\norder or action by the department of finance, the billable assessed\nvalue for the fiscal year in which the tax abatement is taken is reduced\nafter the assessment roll becomes final, the department of finance shall\nrecalculate the abatement so that the abatement granted shall not exceed\nthe annual tax liability as so reduced. The amount equal to the\ndifference between the abatement originally granted and the abatement as\nso recalculated shall be deducted from any refund otherwise payable or\nremission otherwise due as a result of such reduction in billable\nassessed value.\n  5. Buildings located within specifically designated New York city\ncommunity districts, as identified by an agency designated by the mayor\nof the city of New York, shall be eligible for the enhanced tax\nabatement described in paragraph (c) of subdivision one of this section.\nNo building located outside of a designated area shall be eligible to\nreceive an enhanced abatement. An agency designated by the mayor of the\ncity of New York shall select community districts on a rolling basis\nover a period of three years. In selecting community districts, such\nagency shall prioritize areas in the priority combined sewage overflow\ntributary areas identified by the city of New York, with particular\nemphasis on those portions of such city that have been identified by an\nagency designated by the mayor of such city as lacking green space.\n
N.Y. PBA Law § 1475-S — New York Code / Act PBA / Article 7 / Title 4 / Section 1475-S
Code of ethics
Status: in_force

§ 1475-s. Code of ethics. 1. Definition. As used in this section the\nterm "authority employee" shall mean any member, officer or employee of\nthe authority.\n  2. Rule with respect to conflicts of interest. No authority employee\nshould have any interest, financial or otherwise, direct or indirect, or\nengage in any business or transaction or professional activity or incur\nany obligation of any nature, which is in substantial conflict with the\nproper discharge of his or her duties in the public interest.\n  3. Standards. (a) No authority employee should accept other\nemployment, which will impair his or her independence of judgment in the\nexercise of his or her official duties.\n  (b) No authority employee should accept employment or engage in any\nbusiness or professional activity which will require the employee to\ndisclose confidential information which he or she has gained by reason\nof his or her official position or authority.\n  (c) No authority employee should disclose confidential information\nacquired by the employee in the course of his or her official duties nor\nuse such information to further his or her personal interests.\n  (d) No authority employee should use or attempt to use his or her\nofficial position to secure unwarranted privileges or exemptions for\nhimself or herself or others.\n  (e) No authority employee should engage in any transaction as\nrepresentative or agent of the authority with any business entity in\nwhich he or she has a direct or indirect financial interest that might\nreasonably tend to conflict with the proper discharge of his or her\nofficial duties.\n  (f) An authority employee should not by his or her conduct give\nreasonable basis for the impression that any person can improperly\ninfluence such employee or unduly enjoy his or her favor in the\nperformance of his or her official duties, or that he or she is affected\nby the kinship, rank, position or influence of any party or person.\n  (g) An authority employee should abstain from making personal\ninvestments in enterprises which he or she has reason to believe may be\ndirectly involved in decisions to be made by the employee or which will\notherwise create substantial conflict between his or her duty in the\npublic interest and his or her private interest.\n  (h) An authority employee should endeavor to pursue a course of\nconduct which will not raise suspicion among the public that he or she\nis likely to be engaged in acts that are in violation of his or her\ntrust.\n  (i) No authority employee employed on a full-time basis nor any firm\nor association of which such an employee is a member nor authority a\nsubstantial portion of the stock of which is owned or controlled\ndirectly or indirectly by such employee should sell goods or services to\nany person, firm, corporation or association which is licensed or whose\nrates are fixed by the authority in which such employee serves or is\nemployed.\n  (j) If any authority employee shall have a financial interest, direct\nor indirect, having a value of ten thousand dollars or more in any\nactivity which is subject to the jurisdiction of a regulatory agency, he\nor she should file with the secretary of state a written statement that\nhe or she has such a financial interest in such activity which statement\nshall be open to public inspection.\n  4. Violations. In addition to any penalty contained in any other\nprovision of law any such authority employee who shall knowingly and\nintentionally violate any of the provisions of this section may be\nfined, suspended or removed from office or employment.\n
N.Y. LFN Law § 58.00 — New York Code / Act LFN / Article 2 / Title 4 / Section 58.00
Notice of sale of bonds
Status: in_force

§ 58.00 Notice of sale of bonds.  * a. There shall be published, at\nleast once, not less than five nor more than thirty days before the date\nfixed for the public sale of bonds, a notice of such public sale or a\nsummary thereof in accordance with one of the following methods: (1) the\nnotice of sale shall be published in any financial newspaper published\nand circulated in the city of New York which the state comptroller, in\nthe rule or order referred to in paragraph d of section 57.00 of this\nchapter, shall designate for such publication; (2) the notice of sale\nshall be circularized in such manner as the state comptroller shall\nprescribe in such rule or order and shall be published in any newspaper\nor newspapers which the finance board of the municipality, school\ndistrict or district corporation may designate for such purpose; or (3)\n(i) a summary of the notice of sale shall be published in both the\nfinancial newspaper published and circulated in the city of New York\nwhich the state comptroller has designated in the rule or order referred\nto in paragraph d of section 57.00 of this chapter, and (ii) any\nnewspaper or newspapers which the finance board of the municipality,\nschool district or district corporation may designate for such purpose.\nA summary of the notice of sale shall at a minimum contain the name of\nthe issuer, the amount, date, and maturities of the bonds, the frequency\nof interest payments, the place where bids will be received, the\ndesignation of the receiving device if the finance board of the issuing\nmunicipality, school district or district corporation has authorized or\nrequired the receipt of bids in an electronic format, the time and date\nfor the opening of the bids, including circumstances under which such\ntime and date may be changed in accordance with law, the method of award\nand a procedure for promptly obtaining the complete notice of sale and\nany preliminary official statement prepared in connection with the sale,\nand such other information as the state comptroller may prescribe by\nrule or order.\n  * NB Effective until June 1, 2028\n  * a. There shall be published, at least once, not less than five nor\nmore than thirty days before the date fixed for the public sale of\nbonds, a notice of such public sale or a summary thereof in accordance\nwith one of the following methods: (1) the notice of sale shall be\npublished in any financial newspaper published and circulated in the\ncity of New York which the state comptroller, in the rule or order\nreferred to in paragraph d of section 57.00 of this chapter, shall\ndesignate for such publication; (2) the notice of sale shall be\ncircularized in such manner as the state comptroller shall prescribe in\nsuch rule or order and shall be published in any newspaper or newspapers\nwhich the finance board of the municipality, school district or district\ncorporation may designate for such purpose; or (3) (i) a summary of the\nnotice of sale shall be published in both the financial newspaper\npublished and circulated in the city of New York which the state\ncomptroller has designated in the rule or order referred to in paragraph\nd of section 57.00 of this chapter, and (ii) any newspaper or newspapers\nwhich the finance board of the municipality, school district or district\nor district corporation may designate for such purpose. A summary of the\nnotice of sale shall at a minimum contain the name of the issuer, the\namount, date, and maturities of the bonds, the frequency of interest\npayments, the place where bids will be received, the time and date for\nthe opening of the bids, including circumstances under which such time\nand date may be changed in accordance with law, the method of award and\na procedure for promptly obtaining the complete notice of sale and any\npreliminary official statement prepared in connection with the sale, and\nsuch other information as the state comptroller may prescribe by rule or\norder.\n  * NB Effective June 1, 2028\n  b. Such notice shall call for sealed bids for the purchase of such\nbonds, and shall state:\n  * 1. The place where bids will be received and considered, and the\ndesignation of the receiving device if the finance board of the issuing\nmunicipality, school district or district corporation has authorized or\nrequired the receipt of bids in an electronic format.\n  * NB Effective until June 1, 2028\n  * 1. The place where bids will be received and considered.\n  * NB Effective June 1, 2028\n  2. (a) The time and date for the opening of bids, which shall be only\non weekdays, Saturdays and holidays excluded, between the hours of ten\no'clock ante meridian and four o'clock post meridian, eastern standard\ntime.\n  (b) In lieu of the statement of the time and date for the opening of\nbids required by subparagraph (a) of this subdivision, a statement (i)\nthat the time and date for the opening of bids will be provided on not\nless than twenty-four hours prior notice by means of a supplemental\nnotice of sale and indicating the manner in which such supplemental\nnotice will be provided, or (ii) setting a time and date for the opening\nof bids, stating that notice of a change in the time or date for the\nopening of bids may be provided not less than one hour prior to the time\noriginally scheduled for the opening of bids by means of a supplemental\nnotice of sale and indicating the manner in which such supplemental\nnotice will be provided. Where notice is given that the time or date of\na sale will be changed without specifying the new time or date, notice\nof the new time or date of sale must be provided by means of a second\nsupplemental notice of sale at least one hour prior to the new time for\nthe opening of bids.\n  (c) A supplemental notice of sale shall refer to and be deemed a part\nof the notice of sale required by this section and shall not establish\nor change the terms of the sale other than the time or date for the\nopening of bids, the amount of principal scheduled to be repaid in each\nyear, the right of redemption prior to maturity, and the face value at\nmaturity of the issue or any installment thereof. The time set for the\nopening of bids in the supplemental notice of sale shall not be less\nthan five nor more than thirty days after publication of the notice of\nsale required pursuant to paragraph a of this section.\n  (d) The supplemental notice of sale shall be provided by transmittal\nover a definitive trade wire service of the municipal bond industry\nwhich, in general, makes available information regarding activity and\nsales of municipal bonds and is generally available to participants in\nthe municipal bond industry, or by publication in the financial\nnewspaper published and circulated in the city of New York which the\nstate comptroller, in the rule or order referred to in paragraph d of\nsection 57.00 of this article, shall designate for such publication. In\naddition, when the time and date for the opening of bids is delayed by\nmore than twenty-four hours, public notice of the time and date set for\nthe opening of bids in the supplemental notice of sale shall be given to\nthe news media and shall be posted in one or more designated public\nlocations within the issuing municipality, school district or district\ncorporation at least twenty-four hours prior to the time and date set\nfor the opening of bids; provided however, that such public notice shall\nnot be construed to require publication as a legal notice.\n  3. The maximum rate of interest, if any, fixed by or pursuant to\nparagraph b of section 57.00 of this chapter.\n  c. Such notice shall also include:\n  1. A statement that the rate or rates of interest to be bid shall be a\nmultiple of one-hundredth of one per centum per annum or a multiple of\none-eighth of one per centum per annum, as the agency in charge of the\nsale may determine and may require or permit in such notice.\n  2. A statement of the conditions of sale and the methods of bidding\nwhich shall include the following:\n  a. A statement that one or more than one rate of interest may be bid;\nprovided, however, that only one rate of interest may be bid for bonds\nof the same maturity. Where more than one rate of interest may be bid,\nsuch notice shall specify the maximum number of rates which may be bid.\nWhere the net interest cost method of calculating interest cost is used,\nor where the notice so provides, the interest rate for each maturity\nshall not be less than the interest rate for any prior maturity. Such\nnotice shall also state that such rate or any of such rates may not be\nhigher than the maximum rate prescribed in such notice, if a maximum\nrate has been prescribed. Notwithstanding the above, in inviting\nproposals for the sale of bonds in an amount of twenty million dollars\nor more, a municipality may advertise in such notice to sell, in series,\nat a single bid price per bond. b. Where two or more issues are offered\nin the same notice of sale, a statement specifying whether each of the\nissues so offered shall be sold separately as a single bond issue,\nwhether some of the issues shall be combined and sold separately as one\nor more single bond issues, or whether the aggregate amount of bonds of\nall of the issues shall be combined and sold as a single bond issue.  c.\nWhere the finance board of a municipality, school district or district\ncorporation has determined to provide for substantially level or\ndeclining annual debt service pursuant to paragraph d of section 21.00\nof this article, a statement specifying the dates of maturity for such\nbonds and the dates for payment of interest on such bonds, and setting\nforth the annual principal installments expected to provide for,\ntogether with the interest thereon, substantially level or declining\nannual debt service on such bonds. Such notice shall state that the\nmunicipality, school district or district corporation may, after\nselecting the low bidder, adjust such installments to the extent\nnecessary to meet the requirements of substantially level or declining\ndebt service.\n  3. A requirement that as a condition precedent to the consideration of\nhis or her bid, each bidder shall deposit with such official as the\nagency in charge of the sale may designate, a certified or cashier's\ncheck drawn upon an incorporated bank or trust company to the order of\nthe municipality, school district or district corporation or such\nofficial, for the amount specified in the notice, but in no event less\nthan one-half of one      per centum of the amount of bonds to be bid\nfor. Such notice may also provide that, in lieu of a certified or\ncashier's check, bidders may furnish as security cash in such amount\nremitted by wire transfer to an account specified in the notice or an\neligible surety bond or an eligible letter of credit, approved by such\nofficial as to form, sufficiency, and manner of execution. For purposes\nof this section, "eligible surety bond" shall mean a bond executed by an\ninsurance company authorized to do business in this state, the\nclaims-paying ability of which is rated in one of the three highest\nrating categories by at least one nationally recognized statistical\nrating organization; and "eligible letter of credit" shall mean an\nirrevocable letter of credit issued in favor of the municipality, school\ndistrict or district corporation, for a term not to exceed ninety days\nby a bank, as that term is defined in section two of the banking law,\nwhose commercial paper and other unsecured short-term debt obligations\n(or, in the case of a bank which is the principal subsidiary of a\nholding company, whose holding company's commercial paper and other\nunsecured short-term debt obligations) are rated in one of the three\nhighest rating categories (based on the credit of such bank or holding\ncompany) by at least one nationally recognized statistical rating\norganization or by a bank that is in compliance with applicable federal\nminimum risk-based capital requirements.\n  4. A statement that there is reserved to the municipality, school\ndistrict or district corporation the right to reject all bids, and that\nany bid not complying with the terms of the notice will be rejected.\n  5. A statement that the agency prescribing the terms, form and\ncontents of such bonds has reserved to itself the power to call in and\nredeem a portion of such bonds prior to their date of maturity pursuant\nto section 53.00 of this chapter, if such agency has reserved to itself\nsuch power. Such statement shall identify the portion of the bonds which\nmay be so redeemed and shall describe the terms and conditions under\nwhich such bonds may be redeemed.\n  6. A statement indicating which of the methods set forth in paragraph\na of section 59.00 of this chapter will be used in awarding such bonds.\n  7. Such further data and information as shall be prescribed by the\nstate comptroller in the rule or order referred to in paragraph d of\nsection 57.00 of this chapter.\n  d. It may be a condition of the sale of bonds that every bidder may be\nrequired to accept a portion of the whole amount of the bonds for which\nhe or she has bid, at the same rate for such portion as may be specified\nin his or her bid for the full amount. If such condition is imposed, the\nnotice of sale shall so state and such notice also shall state that, in\naddition, any bidder may offer to purchase all or none of such bonds on\ndifferent terms.\n  e. The notice of sale may provide that the bidder to whom the bonds\nare to be awarded, at his or her option, may refuse to accept the bonds\nif prior to the delivery of the bonds any income tax law of the United\nStates of America shall provide that the interest on such bonds is\ntaxable, or shall be taxable at a future date, for federal income tax\npurposes.\n  * f. For purposes of this section and section 59.00 of this chapter,\n"sealed bids" shall include bids submitted in an electronic format,\nprovided that the finance board of the issuing municipality, school\ndistrict or district corporation, by resolution, has authorized the\nreceipt of bids in such format. Submission in electronic format may be\nrequired as the sole method for the submission of bids. Bids submitted\nin an electronic format shall be transmitted by bidders to the receiving\ndevice designated by the issuing municipality, school district or\ndistrict corporation. Any method used to receive electronic bids shall\ncomply with article three of the state technology law and any rules and\nregulations promulgated and guidelines developed thereunder and, at a\nminimum, must: (a) document the time and date of receipt of each bid\nreceived electronically; (b) authenticate the identity of the sender;\n(c) ensure the security of the information transmitted; and (d) ensure\nthe confidentiality of the bid until the time and date established for\nthe opening of bids. The timely submission of an electronic bid in\ncompliance with instructions provided for such submission in the notice\nof sale and any supplemental notice of sale shall be the responsibility\nsolely of each bidder or prospective bidder. No issuing municipality,\nschool district or district corporation shall incur any liability from\ndelays of or interruptions in the receiving device designated for the\nsubmission and receipt of electronic bids.\n  * NB Repealed June 1, 2028\n
N.Y. EDN Law § 3212 — New York Code / Act EDN / Title 4 / Article 65 / Part 1 / Section 3212
Definition of persons in parental relation and their duties; duties of certain other persons
Status: in_force

§ 3212. Definition of persons in parental relation and their duties;\nduties of certain other persons. 1. Definition. As used in this article,\na person in parental relation to another individual shall include his\nfather or mother, by birth or adoption, his step-father or step-mother,\nhis legally appointed guardian, or his custodian. A person shall be\nregarded as the custodian of another individual if he has assumed the\ncharge and care of such individual because the parents or legally\nappointed guardian of such individual have died, are imprisoned, are\nmentally ill, or have been committed to an institution, or because, they\nhave abandoned or deserted such individual or are living outside the\nstate or their whereabouts are unknown, or have designated the person\npursuant to title fifteen-A of article five of the general obligations\nlaw as a person in parental relation to the child.\n  2. Duties of persons in parental relation. Every person in parental\nrelation to another individual included by the provisions of part one of\nthis article:\n  a. Shall submit at the time such individual begins to attend upon\ninstruction evidence of age as required for the issuance of an\nemployment certificate, or show that such evidence cannot be produced.\nWhen such evidence cannot be produced, or when circumstances exist which\nreasonably indicate that such individual may be a missing child, the\nsuperintendent of schools or his or her authorized representative shall\nreport and make inquiry to the statewide central register for missing\nchildren pursuant to section eight hundred thirty-seven-e of the\nexecutive law. If such child appears to match a child registered with\nthe statewide central register for missing children, or one registered\nwith the national crime information center register, the superintendent\nor his or her authorized representative shall immediately contact the\nlocal law enforcement authority. No civil or criminal liability shall\narise or attach to any school district or employee thereof for any act\nor omission to act as a result of, or in connection with, the duties or\nactivities authorized or directed by this paragraph.\n  b. Shall cause such individual to attend upon instruction as\nhereinbefore required, and to comply with the provisions of part one of\nthis article with respect to the employment or occupation of minors in\nany business or service whatever.\n  c. Shall cause such individual to be placed in proper physical\ncondition to attend upon required instruction, if his physical condition\nis remediable by the taking of reasonable measures.\n  d. Shall furnish proof that an individual who is not attending upon\ninstruction at a public or parochial school in the city or district\nwhere the person in parental relation resides is attending upon required\ninstruction elsewhere. Failure to furnish such proof shall be\npresumptive evidence that such individual is not attending.\n  e. Shall furnish, with respect to an individual from seventeen to\ntwenty-one years of age, on demand of a duly authorized representative\nof the school authorities, satisfactory proof that he is able to speak,\nread and write English as required for the completion of the fifth year\nof the elementary school course of study, or cause such individual to\nsubmit to an examination to determine his ability in these respects.\n  3. Exception. A person in parental relation to another individual\nincluded by the foregoing provisions of this section shall not be\nsubject thereto if it can be shown that he is unable to control such\nindividual.\n  4. Duties of certain individuals from sixteen to twenty-one years of\nage. An individual from sixteen to twenty-one years of age, if not under\nthe control of a person in parental relation, shall comply with such\nrequirements of part one of this article as are applicable.\n  5. Duties of other persons.\n  a. No person shall induce another individual to absent himself from\nattendance upon required instruction or harbor him while he is absent or\naid or abet him in violating any provision of part one of this article.\n  b. No person shall interfere with an attendance officer in the lawful\npursuit of his duties, or neglect or refuse to answer his lawful\ninquiries.\n  c. No person shall violate any provision of part one of this article\nin relation to employment of minors, duties of employers, issuance or\ntransfer of any paper authorizing the employment of minors.\n  d. No person shall make a false oral or written statement in or in\nrelation to any employment certificate or other paper required by part\none of this article as to any matter required to appear therein.\n  f. No person shall present as his own any substitute, altered or\ntransferred certificate or badge.\n  6. Birth certificates. For the purpose of part one of this article,\nthe board of health upon request shall furnish to the school\nauthorities, or to the person in parental relation to a minor, or to an\nindividual from seventeen to twenty-one years of age, a duly certified\ntranscript of the birth certificate, filed according to law, of an\nindividual from five to twenty-one years of age.\n
N.Y. PBA Law § 889 — New York Code / Act PBA / Article 4 / Title 4 / Section 889
Actions against authority
Status: in_force

§ 889. Actions against authority. 1. In any case founded upon a tort a\nnotice of claim shall be required as a condition precedent to the\ncommencement of an action or special proceeding against the authority\nand the provisions of section fifty-e of the general municipal law shall\napply. Except in an action for wrongful death, an action against the\nauthority for damages for injuries to real or personal property, or for\nthe destruction thereof, or for personal injuries, alleged to have been\nsustained, shall not be commenced more than one year and ninety days\nafter the cause of action therefor shall have accrued.\n  2. An action against the authority for wrongful death shall be\ncommenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter.\n
N.Y. EDN Law § 3035 — New York Code / Act EDN / Title 4 / Article 61 / Section 3035
Duties of commissioner; submission of fingerprints
Status: in_force

§ 3035. Duties of commissioner; submission of fingerprints.  1. The\ncommissioner shall submit to the division of criminal justice services\ntwo sets of fingerprints of prospective employees as defined in\nsubdivision three of section eleven hundred twenty-five of this chapter\nreceived from a school district, charter school or board of cooperative\neducational services and of prospective employees received from\nnonpublic and private elementary and secondary schools pursuant to title\ntwo of this chapter, and the division of criminal justice services\nprocessing fee imposed pursuant to subdivision eight-a of section eight\nhundred thirty-seven of the executive law and any fee imposed by the\nfederal bureau of investigation. The division of criminal justice\nservices and the federal bureau of investigation shall forward such\ncriminal history record to the commissioner in a timely manner. For the\npurposes of this section, the term "criminal history record" shall mean\na record of all convictions of crimes and any pending criminal charges\nmaintained on an individual by the division of criminal justice services\nand the federal bureau of investigation. All such criminal history\nrecords sent to the commissioner pursuant to this subdivision shall be\nconfidential pursuant to the applicable federal and state laws, rules\nand regulations, and shall not be published or in any way disclosed to\npersons other than the commissioner, unless otherwise authorized by law.\n  2. No cause of action against the commissioner, the department or the\ndivision of criminal justice services for damages related to the\ndissemination of criminal history records pursuant to this section shall\nexist when the commissioner, department or division of criminal justice\nservices has reasonably and in good faith relied upon the accuracy and\ncompleteness of criminal history information furnished to it by\nqualified agencies. The provision of such information by the division of\ncriminal justice services shall be subject to the provisions of\nsubdivision sixteen of section two hundred ninety-six of the executive\nlaw. The consideration of such criminal history record by the\ncommissioner shall be subject to article twenty-three-A of the\ncorrection law.\n  3. (a) Clearance. After receipt of a criminal history record from the\ndivision of criminal justice services and the federal bureau of\ninvestigation the commissioner shall promptly notify the appropriate\nschool district, charter school, board of cooperative educational\nservices, or nonpublic or private elementary or secondary school whether\nthe prospective employee to which such report relates is cleared for\nemployment based upon his or her criminal history. All determinations to\ngrant or deny clearance for employment pursuant to this paragraph shall\nbe performed in accordance with subdivision sixteen of section two\nhundred ninety-six of the executive law and article twenty-three-A of\nthe correction law. When the commissioner denies a prospective employee\nclearance for employment, such prospective employee shall be afforded\nnotice and the right to be heard and offer proof in opposition to such\ndetermination in accordance with the regulations of the commissioner.\n  (b) Conditional clearance. When the commissioner receives a request\nfor a determination on the conditional clearance of a prospective\nemployee, the commissioner, after receipt of a criminal history record\nfrom the division of criminal justice services, shall promptly notify\nthe prospective employee and the appropriate school district, charter\nschool, board of cooperative educational services, or nonpublic or\nprivate elementary or secondary school that the prospective employee to\nwhich such report relates is conditionally cleared for employment based\nupon his or her criminal history or that more time is needed to make the\ndetermination. If the commissioner determines that more time is needed,\nthe notification shall include a good faith estimate of the amount of\nadditional time needed. Such notification shall be made within fifteen\nbusiness days after the commissioner receives the prospective employee's\nfingerprints. All determinations to grant or deny conditional clearance\nfor employment pursuant to this paragraph shall be performed in\naccordance with subdivision sixteen of section two hundred ninety-six of\nthe executive law and article twenty-three-A of the correction law.\n  3-a. Upon request from a prospective employee who has been cleared by\nthe commissioner for employment and/or certification, the commissioner\nshall have the authority to forward a copy of such criminal history\nrecord to the city school district of the city of New York by the most\nexpeditious means available. Furthermore, upon notification that such\nprospective employee is employed by the city school district of the city\nof New York, the division of criminal justice services shall have the\nauthority to provide subsequent criminal history notifications directly\nto the city school district of the city of New York. Upon request from a\nprospective employee who has been cleared for licensure and/or\nemployment by the city school district of the city of New York, such\nschool district shall have the authority to forward a copy of the\nprospective employee's criminal history record to the commissioner, by\nthe most expeditious means available, for the purposes of this section.\nFurthermore, upon notification that such prospective employee is\nemployed by a school district outside the city of New York, the division\nof criminal justice services shall have the authority to provide\nsubsequent criminal history notifications directly to the commissioner.\n  4. The fee provisions of subdivision two of section three thousand\nfour-b of this chapter shall apply to criminal history records searches\nconducted pursuant to this section; provided however that,\nnotwithstanding the provisions of any other law: (a) the fees associated\nwith an employee participating in a public assistance employment\nprogram, pursuant to title nine-B of article five of the social services\nlaw, or receiving employment services through the federal temporary\nassistance for needy families block grant pursuant to appropriations to\nthe office of temporary disability assistance, shall be paid by the\nsocial services district making such employment placement or assignment\nand the cost of such fees, if not subject to full reimbursement under\nsuch federal block grant, shall be deemed to be an employment services\nadministrative expense. In no event shall such a participant described\nherein be required to personally pay any fee imposed by the division of\ncriminal justice services or the federal bureau of investigation or any\nother fee for the purpose of conducting a criminal history records\nsearch; and (b) any prospective employee, including, notwithstanding any\nprovision of law to the contrary, a prospective employee applying for a\nposition in a school district within a city with a population of one\nmillion or more, may submit a request to a governing body of a school\ndistrict, on a form prescribed by the commissioner, that the fees\nimposed for conducting a criminal history records check be waived. Such\ngoverning body may grant such a request if such governing body\ndetermines that payment of such a fee would impose an unreasonable\nfinancial hardship on the applicant or his or her family and, upon such\ndetermination, the governing body shall pay such fee on behalf of the\nprospective employee to the appropriate authority.\n  5. The commissioner and the division of criminal justice services\nshall enter into an agreement for the purposes of implementing the\nprovisions of this section.\n  6. Nothing in this section shall be construed or interpreted to alter\nor in any way diminish the integrity of collective bargaining agreements\nnegotiated between an employer and any certified or authorized\ncollective bargaining agent, with respect to payment of fees for\ncriminal history records searches, nor to diminish any rights pursuant\nto such agreements.\n
N.Y. PBA Law § 3238-A — New York Code / Act PBA / Article 10-B / Title 4 / Section 3238-A
Payment to city of New York
Status: in_force

* § 3238-a. Payment to city of New York. 1. Notwithstanding any\ninconsistent provision of law, the corporation shall transfer to the\ncity of New York one hundred seventy million dollars from the resources\nof the corporation pursuant to section thirty-two hundred thirty-nine of\nthis title. Such payment shall be made during each city fiscal year;\nprovided, however, that on and after July first, two thousand twenty,\nthe obligation of the corporation to make such payments shall be\nterminated if all outstanding bonds of the sales tax asset receivable\ncorporation that are secured by the corporation's payments described in\nthis subdivision have been fully paid and discharged by means of a legal\ndefeasance in accordance with the trust indenture under which they were\nissued before July first, two thousand twenty-one, and in addition the\ncorporation has paid to the city of New York or to its assignee if such\npayments have been assigned pursuant to this subdivision, the sum of\nforty-six million dollars on or before June thirtieth, two thousand\ntwenty-one. Such payments from the corporation shall be made from the\nfund established by section ninety-two-r of the state finance law and in\naccordance with the provisions thereof.\n  2. The city of New York, acting by the mayor alone, may assign all or\nany portion of such amount to any not-for-profit corporation\nincorporated pursuant to section fourteen hundred eleven of the\nnot-for-profit corporation law and, upon such assignment, the amount so\nassigned shall be the property of such not-for-profit corporation for\nall purposes. Following notice from the city of New York to the\ncorporation and the comptroller of such assignment, such payment shall\nbe made directly to the city's assignee. If such not-for-profit\ncorporation issues bonds and/or notes, the state does hereby pledge and\nagree with the holders of any issue of bonds and/or notes secured by\nsuch a pledge that the state will not limit or alter the rights vested\nin such not-for-profit corporation to fulfill the terms of any\nagreements made with such holders or in any way impair the rights and\nremedies of such holders or the security for such bonds and/or notes\nuntil such bonds and/or notes, together with the interest thereon and\nall costs and expenses in connection with any action or proceeding by or\non behalf of such holders, are fully paid and discharged. The foregoing\npledge and agreement may be included in any agreement with the holders\nof such bonds or notes. Nothing contained in this section shall be\ndeemed to restrict the right of the state to amend, modify, repeal or\notherwise alter statutes imposing or relating to the taxes subject to\nsuch assignment, but such taxes shall in all events continue to be so\npayable, as assigned, so long as any such taxes are imposed.\n  3. Proceeds of state supported debt, as defined in subdivision one of\nsection sixty-seven-a of the state finance law, or other available\nmonies, may be provided to the trustee for the bonds of the sales tax\nasset receivable corporation secured by the corporation's payments\ndescribed in subdivision one of this section in an amount sufficient to\nfully pay and discharge such bonds by means of a legal defeasance of all\nsuch outstanding bonds in accordance with the trust indenture under\nwhich they were issued. So long as such bonds are legally defeased and\nthe corporation has paid to the city of New York or to its assignee if\nsuch payments have been assigned pursuant to this subdivision, the sum\nof forty-six million dollars on or before June thirtieth, two thousand\ntwenty-one the corporation's obligation contained in subdivision one of\nthis section to transfer funds to the city of New York shall be deemed\nsatisfied and fully discharged. Upon any such legal defeasance of such\nbonds, the sales tax asset receivable corporation shall no longer be\ndeemed a local authority within the meaning of subdivision two of\nsection two of this chapter and the provisions of this chapter,\nincluding, without limitation, the provisions of article nine of this\nchapter, shall no longer be applicable to the sales tax asset receivable\ncorporation.\n  4. Notwithstanding any inconsistent provision of law, the dormitory\nauthority of the state of New York and the New York state urban\ndevelopment corporation are hereby authorized to issue bonds in one or\nmore series pursuant to article five-C or article five-F of the state\nfinance law in an aggregate principal amount sufficient to directly or\nindirectly (i) finance the legal defeasance or payment of all of the\noutstanding bonds of the sales tax asset receivable corporation secured\nby the corporation's payments described in subdivision one of this\nsection, (ii) one or more related debt service reserve funds, and (iii)\ncosts of issuance attributable to such bonds, and the issuance of such\nbonds is hereby determined to be for an "authorized purpose", as defined\nin subdivision two of section sixty-eight-a and subdivision two of\nsection sixty-nine-m of the state finance law, as the case may be.\n  * NB Repealed July 1, 2034\n
N.Y. PBA Law § 3556 — New York Code / Act PBA / Article 10-C / Title 4 / Section 3556
Merit system; merit board
Status: in_force

§ 3556. Merit system; merit board. 1. Policy and applicable law. (a)\nPositions in the employ of Roswell Park Cancer Institute corporation\nshall be subject to section six of article five of the Constitution of\nthe state of New York.\n  (b) Except as provided by this title and rules issued pursuant\nthereto, the corporation and its employees shall be subject to the\nprovisions of the civil service law as the same shall be amended from\ntime-to-time and employees of the corporation shall be deemed to have\nthe rights of state employees for the purposes of such provisions of the\ncivil service law.\n  2. Definitions. When used in this section:\n  (a) The term "classified service" means all positions in the\ncorporation which are not in the unclassified service.\n  (b) The term "merit board" means the committee established by\ncorporation's board of directors established by this title, which shall\nact in the capacity and fulfill the role of the "commission", "civil\nservice commission" and "municipal civil service commission" for the\npurposes of applying the civil service law to positions in the\ncorporation.\n  (c) The term "director of classification and compensation" or\n"director" means the director of classification and compensation of the\nRoswell Park Cancer Institute corporation.\n  (d) The term "jurisdictional classification" means the assignment of\npositions in the classified service to the competitive, noncompetitive,\nexempt or labor classes.\n  (e) The terms "position classification", "classification",\n"reclassification", and "classify" mean grouping together under common\nand descriptive titles positions that are substantially similar in the\nessential character and scope of their duties and responsibilities and\nrequired qualifications.\n  3. Roswell Park Cancer Institute merit board. (a) Three persons, other\nthan directors, officers, employees or the president of the corporation,\nshall be selected by majority vote of the board for three-year terms and\nshall constitute the Roswell Park Cancer Institute merit board. The\nterms of the members of the merit board shall be staggered so that the\nterm of one member expires each year. The members of the merit board\nshall annually elect one of the members chairperson.\n  (b) The members of the merit board shall receive their necessary\ntravel and other expenses incurred in the performance of the duties of\nsuch office, and shall receive in addition such compensation for\nservices rendered as members of such merit board as shall be determined\nby the board of directors of the corporation by vote of a majority of\nthe directors.\n  (c) The merit board shall prescribe and amend rules and regulations\nsubject to the applicable provisions of article fourteen of the civil\nservice law, for effecting the provisions of this title and of section\nsix of article five of the Constitution of the state of New York,\nincluding but not limited to (i) rules for the jurisdictional\nclassification of offices and positions in the classified service of the\ncorporation; (ii) rules for examinations, appointments, promotions,\ntransfers, leaves of absence, resignations and reinstatements; (iii)\nrules for sick leaves, vacations, time allowances and other conditions\nof employment in the classified service of the corporation; (iv) rules\nfor the hearing and determination of appeals; and (v) rules designating\npositions in the non-competitive class which are confidential or require\nthe performance of functions influencing policy.\n  (d) The merit board shall hear and determine appeals instituted by any\nperson believing himself or herself aggrieved by any action or\ndetermination of the director of classification and compensation, acting\nas such; provided, however, that no appeal shall be allowed (i) if the\naction or determination involved relates solely to matters of internal\nmanagement of the office of the director of classification and\ncompensation, or (ii) if the action or determination involved was\nconsidered and approved in advance by the merit board. Any appeal\nauthorized by this subdivision shall be instituted by filing with the\nsecretary of the merit board a written notice of appeal stating the\naction or determination appealed from, the grounds for the appeal, and\nsigned by the person or persons appealing or their representative; no\nparticular form of appeal shall be required. Any such appeal shall be\nfiled within thirty days following the appellant's receipt from the\ndirector of classification and compensation of notice of the action or\ndetermination to be reviewed; the merit board for good cause shown may\nwaive such thirty-day limitation. The merit board may make such\ninvestigation or inquiry into the facts relative to the action or\ndetermination appealed from as may be deemed advisable, shall afford to\nthe appellant and his or her representative an opportunity to be heard\nin person or in writing and to present evidence and argument. The merit\nboard may affirm, modify or reverse such action or determination. The\nmerit board shall decide each appeal filed within thirty days following\nthe date on which the submission of facts, information and evidence is\ndeemed complete by the merit board. The person seeking review and his or\nher representative shall be furnished a copy of the merit board's\nwritten decision concurrently with its filing with the secretary of the\nmerit board. A decision of the merit board shall become final and\nbinding when filed with the secretary of the merit board. Review of any\nsuch final decision shall be by a proceeding authorized by article\nseventy-eight of the civil practice law and rules; any such proceeding\nmust be commenced within four months after the determination to be\nreviewed becomes final and binding.\n  (e) Before adopting any rule the merit board shall publish notice of\nthe proposed rule no later than thirty days prior to the proposed\neffective date of such rule and shall afford an opportunity to any\ninterested person to comment on the proposed rule.\n  (i) Publication of notice of proposed rule-making shall be\naccomplished by posting a copy on the main bulletin board of the\ncorporation, by serving a copy of the notice by certified mail return\nreceipt requested upon the designated representative of any employee\nunion recognized to represent employees of the corporation and by\nmailing the copy of the notice to the temporary president of the senate\nand the speaker of the assembly; publication shall be complete upon the\nposting and mailing.  Notice made pursuant to this subparagraph shall be\ndeemed to be in compliance with the notice requirements prescribed in\nsection one hundred one-a of the executive law.\n  (ii) A notice of proposed rule-making shall contain the complete text\nof the proposed rule, and the last date upon which the merit board will\nreceive comment upon the proposed rule; provided, however, that if the\ntext of the proposed rule exceeds two thousand words the notice shall\ncontain only a description of the subject, purpose and substance of such\nrule, and shall state from what person the complete text may be\nobtained.\n  (iii) The last date for submission of comments upon a proposed rule\nshall be not less than twenty days following the publication of notice\nof proposed rule-making.\n  (iv) The merit board may receive comments on a proposed rule in\nwriting or, in an appropriate case, may conduct a hearing upon the\nproposed rule.\n  (v) Any rule adopted by the merit board shall take effect when signed\nby the chairperson of the merit board and filed with the secretary of\nthe corporation. Notice of adoption of a rule shall be published\nconcurrently with its adoption in the same manner as the notice of\nproposed rule-making.\n  (vi) In the exercise of its rule-making authority the merit board\nshall not be subject to the provisions of the state administrative\nprocedure act.\n  (f) The secretary of the corporation shall be the secretary to the\nmerit board and shall serve ex officio without vote. The secretary shall\nmaintain minutes of the meetings of the merit board and shall maintain\ncomplete copies of the rules adopted by the merit board. Such minutes\nand rules shall be open to public inspection and copying during all\nordinary business hours of the corporation in accordance with the\napplicable provisions of article six of the public officers law.\n  (g) The merit board shall, subject to the provisions of article seven\nof the public officers law, meet annually at the offices of the\ncorporation, and shall hold such other meetings at such places within\nthe state as may be required. A majority of the members of the merit\nboard shall constitute a quorum.\n  4. Director of classification and compensation. (a) The director of\nclassification and compensation of the corporation shall be in the\ncompetitive class of the classified service appointed by the president\nof the corporation. The director of classification and compensation\nshall not be a part of the office of human resources of the corporation.\n  (b) The director of classification and compensation shall be charged\nwith the duty and shall have the power, subject to appeal to the merit\nboard:\n  (i) to classify and reclassify all positions in the classified service\nof the corporation; and\n  (ii) to allocate and reallocate to an appropriate salary grade all\npositions in the competitive, noncompetitive and labor classes of the\nclassified service of the corporation including temporary and seasonal\npositions; provided that notwithstanding any inconsistent provisions of\nsection one hundred thirty of the civil service law, employees of the\ncorporation in the classified service of the corporation shall also be\ndeemed to be in the classified civil service of the state of New York\nfor purposes of section one hundred thirty of the civil service law.\n  (c) The principle of fair and equal pay for similar work shall be\nfollowed in the classification and reclassification and the allocation\nand reallocation of positions pursuant to this section and all positions\nhaving the same title shall be allocated to the same salary grade.\n  (d) The director of classification and compensation shall also have\nthe following powers and duties:\n  (i) To ascertain and record the duties and responsibilities of all\npositions in the classified service of the corporation, establish\nadequate specifications showing the qualifications for and the nature\nand extent and scope of the duties and responsibilities of such\npositions, and assign uniform titles to positions that are so\nsubstantially similar in the essential character and scope of their\nduties and responsibilities and in the qualification requirements\nthereof that the same descriptive title may be used to designate them;\nthat the same qualifications for appointment thereto may be reasonably\nrequired; that the same tests of fitness may be established, and that\nthe same rate of compensation may be reasonably applied;\n  (ii) To investigate all matters affecting the classification and\ncompensation of positions, to hear and determine all complaints and\ngrievances with respect to the classification and compensation of\npositions, and from time to time to review the duties, responsibilities,\nqualification requirements and compensation of positions and to make\nsuch revisions in the classification or compensation of positions as\nchanges in the service of the corporation may require;\n  (iii) To afford to any person aggrieved by the classification or\nallocation of a position a reasonable opportunity to present facts in\nsupport of or in relation to such classification or allocation, at a\ntime and in such manner as may be specified by the director, and to\nrender and furnish to the person aggrieved a written decision thereon.\n  (e) Any classification or reclassification of a position and any\nallocation or reallocation of a position to a salary grade made by the\ndirector pursuant to this section shall become effective on the date\napproved by the president of the corporation.\n  5. Authority to use services of New York state department of civil\nservice. The merit board or the director may request of the New York\nstate department of civil service technical advice and assistance in the\nadministration of the provisions of this title for consideration,\nincluding but not limited to the preparation and administration of\nexaminations, and in the absence of an eligible list of the corporation,\nmay request the New York state department of civil service to furnish it\nwith the names of persons on an appropriate eligible list. The merit\nboard or the director shall provide such department with any information\nnecessary to effectuate the provisions of this section.\n  6. Classes of position established. The classified service of the\ncorporation shall comprise all offices and positions not included in the\nunclassified service. The offices and positions in the classified\nservice of the corporation shall be divided into four classes designated\nas the exempt class, the non-competitive class, the competitive class,\nand the labor class.\n  (a) The exempt class shall consist of such positions and offices which\nthe merit board shall determine to be impracticable to fill by\ncompetitive or non-competitive examination.\n  (b) The non-competitive class shall include all positions that are not\nin the exempt class or labor class and for which it is found by the\nmerit board to be not practicable to ascertain the merit and fitness of\napplicants by competitive examination.\n  (c) The labor class shall comprise all unskilled laborers in the\nservice of the corporation.\n  (d) The competitive class shall include all positions for which it is\nfound by the merit board to be practicable to determine the merit and\nfitness of applicants by competitive examination, and shall include all\npositions in the classified service of the corporation except such\npositions as are in the exempt class, the non-competitive class or the\nlabor class.\n  7. Examinations. (a) The merit and fitness of applicants for positions\nwhich are classified in the competitive class shall be ascertained by\nsuch examinations as may be prescribed by the merit board. The merit\nboard shall issue an announcement of each competitive examination or\npromotional examination, setting forth the minimum qualifications\nrequired, the subjects of the examination, and such other information as\nthey may deem necessary, and shall advertise such examination in such\nmanner as the nature of the examination may require.\n  (b) The merit board, acting by the director, shall require prospective\napplicants to file during a prescribed time a formal application in\nwhich the applicant shall state such information as may reasonably be\nrequired, touching upon the applicant's background, experience and\nqualifications for the position sought and his or her merit and fitness\nfor service. The application shall be subscribed by the applicant and\nshall contain an affirmation by the applicant that the statements\ntherein are true under the penalties of perjury. Application forms shall\nbe furnished without charge to all persons requesting them.\n  8. Abolition of positions; demotion. (a) Where, because of economy,\nconsolidation or abolition of functions, curtailment of activities or\notherwise, positions in the competitive class of service of the\ncorporation are abolished or reduced in rank or salary grade, suspension\nor demotion as the case may be among incumbents holding the same or\nsimilar positions within the same jurisdictional classification shall be\nmade in the inverse order of original appointment on a permanent basis\nin the grade or title; provided, however, that upon the abolition or\nreduction of positions in the competitive class of service of the\ncorporation incumbents holding the same or similar positions within the\nsame jurisdictional classification who have not completed their\nprobationary service shall be suspended or demoted as the case may be\nbefore any permanent incumbents, and among such probationary employees\nthe order of suspension or demotion shall be determined as if such\nemployees were permanent incumbents.\n  (b) Where, because of economy, consolidation or abolition of\nfunctions, curtailment of activities or otherwise, positions in the\nnon-competitive class of service of the corporation are abolished or\nreduced in rank or salary grade, suspension or demotion as the case may\nbe among incumbents holding the same or similar positions within the\nsame jurisdictional classification shall be made in the inverse order of\noriginal appointment on a permanent basis in the grade or title;\nprovided, however, that upon the abolition or reduction of positions in\nthe non-competitive class of service of the corporation incumbents\nholding the same or similar positions within the same jurisdictional\nclassification who have not completed their probationary service shall\nbe suspended or demoted as the case may be before any permanent\nincumbents, and among such probationary employees the order of\nsuspension or demotion shall be determined as if such employees were\npermanent incumbents.\n  (c) Upon the abolition or reduction of positions in the service of the\ncorporation, suspension or demotion shall be made from among employees\nholding the same or similar positions within the same jurisdictional\nclassification in the entirety of the corporation.\n  (d) In any case where an employee of the corporation is suspended or\ndemoted because of economy, consolidation or abolition of functions,\ncurtailment of activities or otherwise, the director of classification\nand compensation shall, upon such suspension or demotion, furnish to the\nmerit board a statement showing the employee's name, title or position,\ndate of appointment and the date of and reason for suspension or\ndemotion. The merit board shall place the name of such employee upon a\npreferred list together with others who may have been suspended or\ndemoted from the same or similar positions in the same jurisdictional\nclass in the service of the corporation, and shall certify such list for\nfilling vacancies in the same jurisdictional class, first, in the same\nor similar position, second, in any position in a lower grade in line of\npromotion, and third, in any comparable position.\n  (e) For purposes of the civil service law, the date of original\nappointment of employees of the corporation shall be the date of\noriginal appointment on a permanent basis in the classified service of\nthe corporation; except that for those employees who transfer from state\nservice to the service of the corporation pursuant to section\nthirty-five hundred fifty-seven of this title, the date of original\nappointment shall be the date of original appointment on a permanent\nbasis in the civil service of the state of New York.\n  9. Notwithstanding any inconsistent provision of section eighty-one of\nthe civil service law, employees of the state who transfer to the\ncorporation pursuant to subdivision one of section thirty-five hundred\nfifty-seven of this title shall be considered to be state employees\nunder the jurisdiction of the state civil service commission for\npurposes of placement on and employment from preferred lists established\nby the state civil service commission.\n  10. Notwithstanding any inconsistent provisions of sections\neighty-one-a and eighty-one-b of the civil service law, employees of the\nstate who transfer to the corporation pursuant to subdivision one of\nsection thirty-five hundred fifty-seven of this title shall be\nconsidered to be state employees for purposes of placement upon and\nemployment from reemployment rosters pursuant to section eighty-one-a of\nthe civil service law and for purposes of placement upon and employment\nfrom placement rosters pursuant to section eighty-one-b of the civil\nservice law.\n  11. Reemployment rosters within the corporation. (a) Where an employee\nis to be suspended or demoted in accordance with subdivision eight of\nthis section, the president of the corporation shall, upon such\nemployee's suspension or demotion place the name of such employee upon a\nreemployment roster for filling vacancies in any comparable position as\ndetermined by the director of classification and compensation, except\nthat employees suspended or demoted from positions in the\nnon-competitive and labor classes may not be certified to fill vacancies\nin the competitive class. Such reemployment roster shall be certified\nfor filling a vacancy in any such position before certification is made\nfrom any other list, including a promotion eligible list, but not prior\nto a preferred list. Eligibility for reinstatement of a person whose\nname appears on any such reemployment roster shall not continue for a\nperiod longer than four years from the date of suspension or demotion\nprovided, however, in no event shall eligibility for reinstatement from\na reemployment roster continue once the person is no longer eligible for\nreinstatement from a preferred list.\n  (b) The names of persons on a reemployment roster shall be certified\ntherefrom with equal ranking for reinstatement.\n  (c) All reinstatements from a reemployment roster shall require\ncompletion of a probationary term in accordance with rules promulgated\nby the merit board pursuant to subdivision two of section sixty-three of\nthe civil service law.\n  (d) The merit board shall adopt rules providing for the relinquishment\nof eligibility for reinstatement upon reinstatement or upon failure or\nrefusal to accept reinstatement from a preferred list or a reemployment\nroster.\n  (e) Notwithstanding any other provision of this title, the corporation\nmay disqualify for reinstatement and remove from a reemployment roster\nthe name of any otherwise eligible person who, by reason of physical or\nmental incapacity, is found to be unable to satisfactorily perform the\nduties of the position for which such roster has been established, or\nwho has engaged in such misconduct as would warrant their dismissal from\npublic employment, except that a person who is not completely physically\nincapacitated and who is suspended or demoted pursuant to section eighty\nof the civil service law because their position has been abolished or\nreduced, but who is certified for reinstatement to any position having\nthe same physical requirements as the position from which such person\nwas suspended or demoted, shall not be disqualified because of their\nincapacity, unless upon medical examination their incapacity has\nworsened to a degree that they would not be able to satisfactorily\nperform in such position. No person shall be disqualified pursuant to\nthis subdivision unless they are first given a written statement of the\nreasons therefor and an opportunity to be heard at a hearing at which\nsatisfactory proof of such reasons must be established by appropriate\nevidence, and at which such person may present independent evidence and\nbe entitled to representation by counsel. The corporation shall\ndesignate a person to hold such hearing and report thereon.\n  (f) Notwithstanding any other provision of this title, any person may\nvoluntarily remove his or her name from a reemployment roster by\napplication to the corporation.\n  12. Placement rosters within the corporation. (a) Where an employee is\nto be suspended or demoted in accordance with subdivision eight of this\nsection, the president of the corporation shall, upon such employee's\nsuspension or demotion place the name of such employee upon a\nreemployment roster for filling vacancies in any comparable position as\ndetermined by the director of classification and compensation except\nthat employees suspended or demoted from position in the non-competitive\nand labor classes may not be certified to fill vacancies in the\ncompetitive class. Such placement roster shall be certified for filling\na vacancy in any such position before certification is made from any\nother list, including a promotion eligible list, but not prior to a\npreferred list or a reemployment roster. Eligibility for appointment of\nan employee whose name appears on any such placement roster shall\nterminate at such time as the employee is suspended or demoted in\naccordance with the provisions of subdivision eight of this section.\nUpon such employee's suspension or demotion, the corporation shall place\nthe name of such employee upon a preferred list, and a reemployment\nroster as appropriate, in accordance with the provisions of subdivision\neight of this section.\n  (b) The names of employees on a placement roster shall be certified\ntherefrom with equal ranking for appointment.\n  (c) All appointments from a placement roster shall require completion\nof a probationary term in accordance with rules promulgated by the civil\nservice commission pursuant to subdivision two of section sixty-three of\nthe civil service law.\n  (d) The merit board shall adopt rules providing for the relinquishment\nof eligibility for appointment upon appointment or upon failure or\nrefusal to accept appointment from a placement roster.\n  (e) Notwithstanding any other provision of this title, any employee\nmay voluntarily remove his or her name from a placement roster by\napplication to the corporation.\n  13. Establishment of redeployment lists in the corporation; general\nprovisions. (a) Notwithstanding any inconsistent provision of section\nseventy-nine of the civil service law, where, and to the extent that an\nagreement between the state and an employee organization entered into\npursuant to article fourteen of the civil service law so provides,\nemployees of the corporation shall be considered to be employees in\nstate service for purposes of primary and secondary redeployment\npursuant to section seventy-nine of the civil service law and the\napplicable collective bargaining agreement.\n  (b) Where, an employee in the corporation is to be suspended or\ndemoted in accordance with the provisions of subdivision eight of this\nsection by reason of the corporation's exercise of its right to contract\nout for goods and services, and receipt of the information required\npursuant to subdivision eleven of this section for purposes of\nestablishing reemployment rosters, at least ninety days prior to the\nsuspension or demotion of an affected employee, the corporation shall\nplace the name of the employee upon a redeployment list. Such\nredeployment list shall be certified for filling positions in the same\ntitle or in any comparable title, as determined by the director of\nclassification and compensation, before certification is made from any\nother eligible list, placement roster, reemployment roster or preferred\nlist.\n  (c) The names of persons on a redeployment list shall be certified\ntherefrom for appointment in the order of their original appointments,\nin accordance with the provisions of paragraph (e) of subdivision eight\nof this section.\n  (d) A person appointed from a redeployment list shall receive at least\nthe same salary such person was receiving in the position from which he\nor she is to be or has been suspended or demoted.\n  (e) Probationers who are appointed from a redeployment list to a\nposition in the same title will be required to complete their\nprobationary term. Employees who are appointed from a redeployment list\nto a position in a comparable title shall be required to complete a\nprobationary term in accordance with the rules promulgated by the merit\nboard pursuant to subdivision two of section sixty-three of the civil\nservice law.\n  (f) Eligibility for appointment of an employee whose name appears on a\nredeployment list shall terminate at such time as the employee is\nredeployed pursuant to the provisions of this section to a position in\nthe same salary grade as the position from which they have been\nsuspended or demoted, or has exercised their reemployment rights\npursuant to the provisions of section eighty-one or eighty-one-a of the\ncivil service law, provided, however, that eligibility for appointment\nshall terminate no later than six months following the suspension or\ndemotion of such employee in accordance with the provisions of section\neighty of the civil service law. Upon such employee's suspension or\ndemotion, the corporation shall place the name of such employee upon a\npreferred list, and a reemployment roster, as appropriate, in accordance\nwith the provisions of subdivision eight of this section.\n  (g) Notwithstanding any other provision of this chapter, any employee\nmay voluntarily remove his or her name from a redeployment list by\napplication to the corporation.\n  (h) (1) In the event the corporation determines, in accordance with\nthe provisions of paragraph (b) of this subdivision, that there are no\npositions in the same title or any comparable title to which an employee\nto be suspended or demoted by reason of the state's exercise of its\nright to contract out for goods and services can be redeployed, the\ncorporation may place the name of such employee on a special\nreemployment roster, for filling positions in titles for which the\nemployee meets the essential tests and qualifications. Such special\nreemployment roster may be certified immediately upon the employee's\nplacement on the roster for filling a position before certification is\nmade from any other eligible list, including a promotion eligible list,\nbut not prior to a redeployment list or preferred list.\n  (2) Eligibility for appointment of an employee whose name appears on a\nspecial reemployment roster shall not continue for a period longer than\nfour years from the date of suspension or demotion, provided, however,\nthat eligibility for appointment of an employee whose name appears on\nany such special reemployment roster shall terminate at such time as the\nemployee is redeployed pursuant to the provisions of this section and,\nin no event, shall eligibility for appointment from a special\nreemployment roster continue once the employee is no longer eligible for\nreinstatement from a preferred list.\n  (3) Employees placed on a special reemployment roster in accordance\nwith the provisions of this section, shall have all the rights and\nprivileges provided employees placed on reemployment rosters in\naccordance with subdivision eleven of this section.\n  (i) The merit board shall adopt rules for carrying into effect the\nprovisions of this section, including rules providing for the\nrelinquishment of eligibility for appointment upon appointment or upon\nfailure or refusal to accept appointment from a redeployment list.\nAdditionally, notwithstanding any inconsistent provision of law, rule,\nor regulation, an agreement between the corporation and an employee\norganization recognized or certified pursuant to article fourteen of the\ncivil service law can provide employment security rights and benefits\nwhere the state has exercised its right to contract out for goods and\nservices. The merit board upon receipt of a written request of the\ndirector of the corporation is authorized to implement provisions of\nsuch agreement consistent with the terms thereof and, to the extent\nnecessary, may adopt rules and regulations providing for the benefits to\nbe thereunder provided. The merit board, with the approval of the\npresident of the corporation, may extend such benefits in whole or in\npart, to corporation employees excluded from collective negotiating\nunits.\n
N.Y. PBH Law § 2999-J — New York Code / Act PBH / Article 29-D / Title 4 / Section 2999-J
Payments from the fund
Status: in_force

§ 2999-j. Payments from the fund. 1. The fund shall be used to pay the\nqualifying health care costs of qualified plaintiffs.\n  2. The provision of qualifying health care costs to qualified\nplaintiffs shall not be subject to prior authorization, except as\ndescribed by the commissioner in regulation; provided, however:\n  (a) such regulation shall not prevent qualified plaintiffs from\nreceiving care or assistance that would, at a minimum, be authorized\nunder the medicaid program;\n  (b) if any prior authorization is required by such regulation, the\nregulation shall require that requests for prior authorization be\nprocessed within a reasonably prompt period of time and shall identify a\nprocess for prompt administrative review of any denial of a request for\nprior authorization; and\n  (c) such regulations shall not prohibit qualifying health care costs\non the grounds that the qualifying health care cost may incidentally\nbenefit other members of the household, provided that whether the\nqualifying health care cost primarily benefits the patient may be\nconsidered.\n  3. In determining the amount of qualifying health care costs to be\npaid from the fund, any such cost or expense that was or will, with\nreasonable certainty, be paid, replaced or indemnified from any\ncollateral source as provided by subdivision (a) of section forty-five\nhundred forty-five of the civil practice law and rules shall not\nconstitute a qualifying health care cost and shall not be paid from the\nfund. For purposes of this title, "collateral source" shall not include\nmedicare or Medicaid.\n  * 4. The amount of qualifying health care costs to be paid from the\nfund shall be calculated on the basis of one hundred percent of the\nusual and customary cost. For the purposes of this section, "usual and\ncustomary costs" shall mean the eightieth percentile of all charges for\nthe particular health care service performed by a provider in the same\nor similar specialty and provided in the same geographical area as\nreported in a benchmarking database maintained by a nonprofit\norganization specified by the superintendent of financial services. If\nno such rates are available qualifying health care costs shall be\ncalculated on the basis of no less than one hundred thirty percent of\nMedicaid or Medicare rates of reimbursement, whichever is higher. If no\nsuch rate exists, costs shall be reimbursed as defined by the\ncommissioner in regulation.\n  * NB Effective until June 1, 2027\n  * 4. The amount of qualifying health care costs to be paid from the\nfund shall be calculated: (a) with respect to services provided in\nprivate physician practices on the basis of one hundred percent of the\nusual and customary rates, as defined by the commissioner in regulation;\nor (b) with respect to all other services, on the basis of Medicaid\nrates of reimbursement or, where no such rates are available, as defined\nby the commissioner in regulation.\n  * NB Effective June 1, 2027\n  5. Claims for the payment or reimbursement from the fund of qualifying\nhealth care costs shall be made upon forms prescribed and furnished by\nthe fund administrator in conjunction with regulations establishing a\nmechanism for submission of claims by health care providers directly to\nthe fund, where practicable.\n  6. (a) Every settlement agreement for claims arising out of a\nplaintiff's or claimant's birth related neurological injury subject to\nthis title, and that provides for the payment of future medical expenses\nfor the plaintiff or claimant, shall provide that all payments for\nfuture medical expenses shall be paid in accordance with this title in\nlieu of that portion of the settlement agreement that provides for\npayment of such expenses. The plaintiff's or claimant's future medical\nexpenses shall be paid in accordance with this title. When such a\nsettlement agreement does not so provide, the court shall direct the\nmodification of the agreement to include such term as a condition of\ncourt approval.\n  (b) In any case where the jury or court has made an award for future\nmedical expenses arising out of a birth related neurological injury, any\nparty to such action or person authorized to act on behalf of such party\nmay make application to the court that the judgment reflect that, in\nlieu of that portion of the award that provides for payment of such\nexpenses, the future medical expenses of the plaintiff shall be paid out\nof the fund in accordance with this title. Upon a finding by the court\nthat the applicant has made a prima facie showing that the plaintiff is\na qualified plaintiff, the court shall ensure that the judgment so\nprovides.\n  7. A qualified plaintiff shall be enrolled when (a) such plaintiff or\nperson authorized to act on behalf of such person, upon notice to all\ndefendants, or any of the defendants in regard to the plaintiff's claim,\nupon notice to such plaintiff, makes an application for enrollment by\nproviding the fund administrator with a certified copy of the judgment\nor of the court approved settlement agreement; and (b) the fund\nadministrator determines that the relevant provisions of subdivision six\nof this section have been met; provided that no enrollment shall occur\nwhen the fund is closed to enrollment pursuant to subdivision six of\nsection twenty-nine hundred ninety-nine-i of this title.\n  8. As to all claims, the fund administrator shall:\n  (a) determine which of such costs are qualifying health care costs to\nbe paid from the fund; and\n  (b) thereupon certify to the commissioner of taxation and finance\nthose costs that have been determined to be qualifying health care costs\nto be paid from the fund.\n  9. Payments from the fund shall be made by the commissioner of\ntaxation and finance on the said certificate of the commissioner. No\npayment shall be made by the commissioner of taxation and finance in\nexcess of the amount certified. Promptly upon receipt of the said\ncertificate of the commissioner, the commissioner of taxation and\nfinance shall pay the qualified plaintiff's health care provider or\nreimburse the qualified plaintiff the amount so certified for payment.\n  10. Payment from the fund shall not give the fund any right of\nrecovery against any qualified plaintiff or such qualified plaintiff's\nattorney except in the case of fraud or mistake.\n  11. All health care providers shall accept from qualified plaintiff's\nor persons authorized to act on behalf of such plaintiff's assignments\nof the right to receive payments from the fund for qualifying health\ncare costs. Such payments shall constitute payment in full for any\nservices provided to a qualified plaintiff in accordance with this\narticle.\n  12. Health insurers (other than medicare and Medicaid) shall be the\nprimary payers of qualifying health care costs of qualified plaintiffs.\nSuch costs shall be paid from the fund only to the extent that health\ninsurers or other collateral sources or other persons are not otherwise\nobligated to make payments therefor. Health insurers that make payments\nfor qualifying health care costs to or on behalf of qualified plaintiffs\nshall have no right of recovery against and shall have no lien upon the\nfund or any person or entity nor shall the fund constitute an additional\npayment source to offset the payments otherwise contractually required\nto be made by such health insurers. The superintendent of financial\nservices shall have the authority to enforce the provisions of this\nsubdivision upon the referral of the commissioner.\n  13. Except as provided for by this title, with respect to a qualified\nplaintiff, no payment shall be required to be made by any defendant or\nsuch defendant's insurer for qualifying health care costs and no\njudgment shall be made or entered requiring that any such payment be\nmade by any defendant or such defendant's insurer for such health care\ncosts.\n  14. The determination of the qualified plaintiff's attorney's fee\nshall be based upon the entire sum awarded by the jury or the court or\nthe full sum of the settlement, as the case may be. The qualified\nplaintiff's attorney's fee shall be paid in a lump sum by the defendants\nand their insurers pursuant to section four hundred seventy-four-a of\nthe judiciary law; provided however that the portion of the attorney fee\nthat is allocated to the non-fund elements of damages shall be deducted\nfrom the non-fund portion of the award in a proportional manner.\n  15. The commissioner shall promulgate, amend and enforce all rules and\nregulations necessary for the proper administration of the fund in\naccordance with the provisions of this section, including, but not\nlimited to, those concerning the payment of claims and concerning the\nactuarial calculations necessary to determine, annually, the total\namount to be paid into the fund as provided herein, and as otherwise\nneeded to implement this title.\n
N.Y. LFN Law § 50.00 — New York Code / Act LFN / Article 2 / Title 4 / Section 50.00
Agency prescribing terms, form and contents of obligations
Status: in_force

§ 50.00 Agency prescribing terms, form and contents of obligations.\nThe finance board shall prescribe the terms, form and contents of bonds\nand notes. However, the finance board may, by resolution, delegate to\nthe chief fiscal officer all or part of such power in relation to every\nor any type of bond or note, in which event the chief fiscal officer\nshall exercise such power until the finance board, by resolution, shall\nelect to reassume the same.\n
N.Y. EDN Law § 3001-C — New York Code / Act EDN / Title 4 / Article 61 / Section 3001-C
First aid instruction mandatory for coaches of high school extra-class nonpublic school athletic activities
Status: in_force

§ 3001-c. First aid instruction mandatory for coaches of high school\nextra-class nonpublic school athletic activities. 1. On and after the\neffective date of this section, it shall be required of coaches of high\nschool extra-class athletic activities in a nonpublic school system,\nexcept as provided in subdivision two or three of this section, to hold\na valid certificate of completion of a course of study in first aid\nknowledge and skills offered by a nationally recognized organization, as\ndefined in paragraph (d) of subdivision one of section three thousand-b\nof the public health law and approved by the commissioner, or to meet\nequivalent requirements as certified by the commissioner. Any such\ncourse of study or equivalent requirements must include instruction in\nrecognizing signs and symptoms of cardiac arrest and sudden cardiac\narrest and the administration of adult cardiopulmonary resuscitation.\nPrior to the start of each sports season, coaches must provide valid\nevidence to their chief school officer that their first aid and adult\ncardiopulmonary resuscitation knowledge and skills are current pursuant\nto the requirements established by a nationally recognized organization,\nas defined in paragraph (d) of subdivision one of section three\nthousand-b of the public health law and approved by the commissioner, or\nthat they meet equivalent requirements as certified by the commissioner.\n  2. Except as provided in subdivision three of this section, persons\nwho have been employed as coaches of high school extra-class athletic\nactivities in a nonpublic school system on the effective date of this\nsection who do not hold a valid certificate of completion of a course of\nstudy in first aid knowledge and skills pursuant to subdivision one of\nthis section may continue to coach such sports, provided, however, that\nsuch coaches do receive such certification required in subdivision one\nof this section as soon as practicable after the effective date of this\nsection but not later than twelve months thereafter, provided, however,\nthat the commissioner shall have the authority to establish by rule or\nregulation an additional time schedule for compliance with this section.\n  3. A teacher or person who is unable to hold a valid certificate of\ncompletion of a course of study in first aid knowledge and skills\npursuant to subdivision one of this section due to a physical disability\nmay coach any high school extra-class athletic activities if there is\nanother teacher or person employed by the nonpublic school system who\nholds a valid certificate of completion pursuant to subdivision one of\nthis section and is present with such teacher or person who is unable to\nhold such certificate of completion at all times during the high school\nextra-class athletic activities including but not limited to practices,\nscrimmages and during competition.\n
N.Y. VAT Law § 407 — New York Code / Act VAT / Title 4 / Article 14-B / Section 407
Administrator defined
Status: in_force

§ 407. Administrator defined. As used in this agreement, with\nreference to this state, the term administrator shall mean the\ncommissioner of motor vehicles.\n
N.Y. PBH Law § 369 — New York Code / Act PBH / Article 3 / Title 4 / Section 369
Certain cities; appointment of experts; compensation
Status: in_force

§ 369. Certain cities; appointment of experts; compensation.  The\ncommissioner of health or health officer in cities having a population\nof less than one hundred seventy-five thousand, with the written consent\nof the mayor and subject to the approval of the board of estimate and\napportionment or other board having similar powers in such cities and\nthe common council or similar legislative authority in cities having no\nboards of estimate and apportionment or authorities with similar powers\nmay temporarily employ such health and sanitary experts as may be\nnecessary at a compensation fixed by the board of estimate and\napportionment or other authority having power by charter to fix salaries\nof appointive officials.\n
N.Y. PBH Law § 2144 — New York Code / Act PBH / Article 21 / Title 4 / Section 2144
Rabies; county responsibility
Status: in_force

§ 2144. Rabies; county responsibility. Each county health authority is\nrequired to develop a rabies control protocol that identifies and\ncoordinates all activities within the county to accomplish a\ncomprehensive rabies response. The county health authority shall have\nresponsibility for the implementation of the protocol, including the\ncoordination of the response to rabies issues by other local agencies.\nThis protocol must be approved by the department and revised and updated\nas directed by the department.\n