N.Y. PBA Law § 2049-M — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-M
Agreement with the state
Status: in_force

§ 2049-m. Agreement with the state. The state does hereby pledge to\nand agree with the holders of any bonds issued by the authority pursuant\nto this title that the state will not alter or limit the rights hereby\nvested in the authority to purchase, construct, maintain, operate,\nrepair, improve, increase, enlarge, extend, reconstruct, renovate,\nrehabilitate or dispose of any project, or any part or parts thereof,\nfor which bonds of the authority shall have been issued, to establish\nand collect rates, rents, fees and other charges referred to in this\ntitle to fulfill the terms of any agreement made with or for the benefit\nof the holders of bonds or with any public corporation or person with\nreference to such project or part thereof, or in any way to impair the\nrights and remedies of bondholders until the bonds, together with the\ninterest thereon, including interest on any unpaid installments of\ninterest and all costs and expenses in connection with any action or\nproceeding by or on behalf of such holders, are fully met and\ndischarged. The authority is authorized to include this pledge and\nagreement of the state in any agreement with bondholders.\n
N.Y. PBA Law § 2045-Q — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-Q
Interest in contracts prohibited
Status: in_force

§ 2045-q. Interest in contracts prohibited. It shall be a misdemeanor\nfor any member of the governing body or any officer, agent, servant or\nemployee of the agency to be in any way or manner interested, directly\nor indirectly, in the furnishing of work, materials, supplies or labor,\nor in any contract therefor which the agency is empowered by this title\nto make.\n
N.Y. PBA Law § 2051-M — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-M
Agreement with the state
Status: in_force

§ 2051-m. Agreement with the state. The state does hereby pledge to\nand agree with the holders of any bonds issued by the authority pursuant\nto this title that the state will not alter or limit the rights hereby\nvested in the authority to purchase, construct, maintain, operate,\nrepair, improve, increase, enlarge, extend, reconstruct, renovate,\nrehabilitate or dispose of any project, or any part or parts thereof,\nfor which bonds of the authority shall have been issued, to establish\nand collect rates, rents, fees and other charges referred to in this\ntitle to fulfill the terms of any agreement made with or for the benefit\nof the holders of bonds or with any public corporation or person with\nreference to such project or part thereof, or in any way to impair the\nrights and remedies of bondholders until the bonds, together with the\ninterest thereon, including interest on any unpaid installments of\ninterest and all costs and expenses in connection with any action or\nproceeding by or on behalf of such holders, are fully met and\ndischarged, provided, however, that this section shall not be construed\nto limit in any manner the ability of the state to alter, amend or\nenforce laws or regulations to protect public health and the\nenvironment. The authority is authorized to include this pledge and\nagreement of the state in any agreement with bondholders.\n
N.Y. PBA Law § 2049-FF — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-FF
Governmental capacity of the authority and municipalities
Status: in_force

§ 2049-ff. Governmental capacity of the authority and municipalities.\nThe counties, other municipalities within the area of operation and the\nauthority, in carrying out their respective powers and duties under this\ntitle, shall be deemed to be acting in a governmental capacity.  The\nconstruction, operation and maintenance of any project financed in whole\nor in part by the authority shall be deemed to be the performance of an\nessential governmental function by the authority acting in its\ngovernmental capacity, whether such project shall be owned or operated\nby the authority or by any person or other public corporation.\n
N.Y. ENV Law § 27-1317 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1317
New use of sites
Status: in_force

§ 27-1317. New use of sites.\n  Subsequent to the adoption of regulations by the department provided\nfor in this section, no person may substantially change the manner in\nwhich an inactive hazardous waste disposal site on the registry prepared\nand maintained by the department pursuant to section 27-1305 of this\ntitle is used, without notifying the department and, pursuant to section\none thousand three hundred eighty-nine-d of the public health law, the\ndepartment of health. A substantial change of use shall be defined in\nrules and regulations adopted by the department and shall include, but\nnot be limited to, the erection of a building or other structure on such\nsite, the paving of such site for use as a roadway or parking lot, and\nthe creation of a park or other public or private recreational facility\non such site. Such notice shall be in writing, addressed to the\ncommissioner and the commissioner of health and shall include a brief\ndescription of the proposed change of use. Such notice shall be\nsubmitted at least sixty days before any physical alteration of the land\nor construction shall occur or, in the event any alteration or\nconstruction is not required to initiate such change of use, at least\nsixty days before any change of use.\n  Subsequent to the adoption of regulations by the department provided\nfor in this section, no person may substantially change the manner in\nwhich an inactive hazardous waste disposal site, for which a declaration\nhas been issued by the commissioner of health pursuant to subdivision\ntwo of section one thousand three hundred eighty-nine-b of the public\nhealth law, is used without the written approval of the commissioner and\nthe commissioner of health. The commissioner shall not approve such\nchange of use if such new use will interfere significantly with a\nproposed, ongoing or completed inactive hazardous waste disposal site\nremedial program at such site or expose the environment or health to a\nsignificantly increased threat of harm.\n
N.Y. PBA Law § 2047-X — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-X
Effect of inconsistent provisions
Status: in_force

§ 2047-x. Effect of inconsistent provisions. In so far as the\nprovisions of this title are inconsistent with the provisions of any\nother act, general or special, or of the county charter or any local\nlaw, ordinance or resolution of the county or any other municipality,\nthe provisions of this title shall be controlling. Nothing contained in\nthis section shall be held to supplement or otherwise expand the powers\nor duties of the agency otherwise set forth in this title. Nothing\ncontained in this title shall be held to alter or abridge the powers and\nduties of the department of environmental conservation.\n
N.Y. ENV Law § 27-1331 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1331
Community participation
Status: in_force

§ 27-1331. Community participation.\n  1. To facilitate an inactive hazardous waste disposal site remedial\nprogram and enable community members to participate more fully in\ndecisions that affect their community, the department shall provide\nopportunities for community involvement and shall consult with the\npublic throughout that process, before the department forms or adopts\nfinal positions. The primary goals of the community participation\nprogram at sites are to facilitate two-way communication between the\ndepartment and individuals, groups, and organizations that have\nexpressed interest in or are affected by the site or the site's remedial\nprogram, with a special focus on sites in disadvantaged communities and\nto take into account the community's interests in the decision-making\nprocess associated with the remediation of sites.\n  2. All inactive hazardous waste disposal site remedial programs shall\ninclude community participation activities which, at a minimum, shall\ninclude, but are not limited to, the preparation of a community\nparticipation plan, establishment of a document repository, and public\nnotice to interested individuals and groups with a prescribed comment\nperiod at select milestones.\n  3. The design of each community participation plan, including the\nlevel of community involvement and the tools utilized, shall take into\naccount the scope and scale of the proposed inactive hazardous waste\ndisposal site remedial program, local interest and history, location\nwithin a disadvantaged community, and other relevant factors. While\nretaining flexibility to tailor each plan to each site, community\nparticipation plans shall embody the following principles of meaningful\ncommunity participation:\n  a. opportunities for community involvement should be provided as early\nas possible in the decision-making process prior to the selection of a\npreferred course of action by the department and/or the responsible\nperson;\n  b. activities proposed in such plan should be as reflective of the\ndiversity of interests and perspective found within the community as\npossible, allowing the public the opportunity to have their views heard\nand considered, which may include opportunities for dialogue; and\n  c. full, timely, and accessible disclosure and sharing of information\nby the department shall be provided, including the provision of\ntechnical data and the assumptions upon which any analyses are based.\n  4. Each community participation plan shall include the following\nminimum elements:\n  a. an inactive hazardous waste disposal site remedial program site\ncontact list;\n  b. the name and address of a document repository and proof of\nacceptance of this designation by the repository;\n  c. overview of the site's history and contamination issues, including\nthe nature of threats to public health and the environment, once known;\n  d. identification of major issues of public concern related to the\nsite and a description of any interim actions planned or taken to\naddress the issues, if appropriate;\n  e. a description of the phases of the major elements of the inactive\nhazardous waste disposal site remedial program;\n  f. a description of community participation activities conducted or\nplanned relative to the inactive hazardous waste disposal site; and\n  g. a description of any additional community participation activities\nneeded to address public concerns.\n  5. All community participation plans will be subject to department\nreview and approval. The citizen participation plan shall be updated\nduring the implementation of the inactive hazardous waste disposal site\nremedial program.\n  6. Document repository. A document repository shall be established at\na location accessible to the public where they can review the inactive\nhazardous waste disposal site remedial program documents, and an\nelectronic repository shall also exist on the department's website.\n  a. Documents shall be placed in the repository, which are:\n  (i) approved by the department; or\n  (ii) otherwise designated by the department for inclusion.\n  b. The responsible person shall make available to the department all\nappropriate documents for inclusion in the repository.\n
N.Y. PBA Law § 2035 — New York Code / Act PBA / Article 8 / Title 13 / Section 2035
Title not affected if in part unconstitutional or ineffective
Status: in_force

§ 2035. Title not affected if in part unconstitutional or ineffective.\nIf any section, clause or provision of this title shall be held\nunconstitutional, or be ineffective in whole or in part, to the extent\nthat it is not unconstitutional or ineffective, it shall be valid and\neffective and no other section, clause or provision shall, on account\nthereof, be deemed invalid or ineffective.\n
N.Y. PBA Law § 2051-G — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-G
Transfer of officers and employees
Status: in_force

§ 2051-g. Transfer of officers and employees. Any officer or employee\nof the county under civil service, selected by the authority may, with\nthe consent of the chairman of the county legislature, be transferred to\nthe authority and shall be eligible for such transfer and appointment,\nwithout examination, to applicable offices, positions and employment\nunder the authority. The salary or compensation of any such officer or\nemployee, after such transfer, shall be paid by the authority. Any such\nofficers or employees so transferred to the authority pursuant to this\nsection, who are members of or benefit under any existing pension or\nretirement fund or system, shall continue to have all rights,\nprivileges, obligations and status with respect to such fund or system\nas are now prescribed by law, but during the period of their employment\nby the authority, all contributions to such funds or system to be paid\nby the employer on account of such officers or employees shall be paid\nby the authority. All such officers or employees so transferred to the\nauthority who have been appointed to positions under the rules and\nclassifications of the personnel officer of the county shall have the\nsame status with respect thereto after transfer to the authority as they\nhad under their original appointment.\n
N.Y. ENV Law § 54-1303 — New York Code / Act ENV / Article 54 / Title 13 / Section 54-1303
Long Island south shore estuary reserve planning
Status: in_force

§ 54-1303. Long Island south shore estuary reserve planning.\n  In order to further the purposes of article forty-six of the executive\nlaw, the commissioner shall provide, within amounts appropriated from\nthe environmental protection fund, state assistance payments for the\npreparation of the comprehensive management plan for the Long Island\nsouth shore estuary reserve as provided for in section nine hundred\nsixty-six of the executive law. State assistance payments may be made to\nthe Long Island south shore estuary reserve council established by\nsection nine hundred sixty-four of the executive law for all eligible\ncosts incurred after April first, nineteen hundred ninety-four. No\nmoneys shall be expended for Long Island south shore estuary reserve\nmanagement planning except pursuant to an appropriation therefor.\n
N.Y. RSS Law § 418 — New York Code / Act RSS / Article 8 / Title 13 / Section 418
Additional benefit authorized with respect to the city of Yonkers
Status: in_force

§ 418. Additional benefit authorized with respect to the city of\nYonkers. Notwithstanding any contrary provision of law, the city of\nYonkers may by local law, ordinance or resolution, provide a benefit of\ntwo hundred fifty dollars a month to the widow or widower, and members\nof the family, of retired Yonkers' police officers and firefighters who\nwere members of the New York state and local police and fire retirement\nsystem at the time of their death; provided, however, the benefit may be\npaid only to survivors who were receiving benefits pursuant to Local\nLaws seven and eight of the city of Yonkers for the year of nineteen\nhundred sixty-eight on or before the effective date of this section.\n
N.Y. PBA Law § 2049-O — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-O
Exemption from taxes, assessments and certain fees
Status: in_force

§ 2049-o. Exemption from taxes, assessments and certain fees. 1. It is\nhereby determined that the creation of the authority and the carrying\nout of its corporate purposes is in all respects for the benefit of the\npeople of the town and the state and is a public purpose and the\nauthority shall be regarded as performing a governmental function in the\nexercise of the powers conferred upon it by this title and shall not be\nrequired to pay any taxes or assessments upon any property owned by it\nor under its jurisdiction, control or supervision or upon its activities\nor any filing, recording or transfer fees or taxes in relation to\ninstruments filed, recorded or transferred by it or on its behalf. The\nconstruction, use, occupation or possession of any property owned by the\nauthority or the town, including improvements thereon, by any person or\npublic corporation under a lease, lease and sublease or any other\nagreement shall not operate to abrogate or limit the foregoing\nexemption, notwithstanding that the lessee, user, occupant or person in\npossession shall claim ownership for federal income tax purposes.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom as well as the property of the authority shall be exempt from\ntaxes, except for transfer and estate taxes. The state hereby covenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds issued by the authority pursuant to this title, in consideration\nof the acceptance of any payment for the bonds, that the bonds of the\nauthority issued pursuant to this title and the income therefrom and all\nrevenues, moneys, and other property pledged to secure the payment of\nsuch bonds shall at all times be free from taxation, except for transfer\nand estate taxes.\n
N.Y. PBA Law § 2051-V — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-V
Environmental applications, proceedings, approvals and permits
Status: in_force

§ 2051-v. Environmental applications, proceedings, approvals and\npermits. 1. Any application in relation to the purposes of or\ncontemplated by this title, or any proceeding commenced, by the county\nwith the state department of environmental conservation, the department\nof transportation or any other state agency or instrumentality shall\ninure to and for the benefit of the authority to the same extent and in\nthe same manner as if the authority had been a party to such application\nor proceeding, and the authority shall be deemed a party thereto, to the\nextent not prohibited by any federal law. Any license, approval, permit\nor decision issued or granted pursuant to or as a result of any such\napplication or proceeding shall inure to the benefit of and be binding\nupon the authority and shall be assigned and transferred by the county\nto the authority unless such assignment and transfer is prohibited by\nfederal law.\n  2. All such applications, proceedings, licenses, approvals, permits\nand decisions shall further inure to and for the benefit of and be\nbinding upon any person leasing, acquiring, constructing, maintaining,\nusing or occupying any facility financed in whole or in part by the\nauthority.\n
N.Y. ENV Law § 15-1311 — New York Code / Act ENV / Article 15 / Title 13 / Section 15-1311
Limitations
Status: in_force

§ 15-1311. Limitations.\n  Nothing in title 13 of this article shall be held to repeal, limit or\nmodify the jurisdiction, powers and duties of any state or local\ndepartment, board, district, commission or authority, or any public\ncorporation, or other agency, now or hereafter possessed, or to\ninvalidate or modify, in whole or in part, any decision, order, license,\npermit, approval, or other act, issued or taken heretofore or hereafter\nby such department, board, district, commission, authority, or public\ncorporation or other agency, or to nullify, abate or otherwise affect\nany rights acquired or action taken heretofore or hereafter pursuant to\nsuch decision, order, license, permit, approval, or other act.\n
N.Y. ENV Law § 27-1311 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1311
Confidentiality
Status: in_force

§ 27-1311. Confidentiality.\n  1. The department or any other state agency shall hold confidential\nany information in any report to the department made pursuant to section\n27-1307 of this article or any records secured by the department or any\ninspection, sampling or analysis made by the department pursuant to\nsection 27-1309 of this article or obtained while implementing a\nremedial program pursuant to section 27-1313 of this article when the\nsite owner or operator or a generator who contributed to any waste\ndisposed of at the site requests that such information is entitled to\nprotection under paragraph (d) of subdivision two of section\neighty-seven of the public officers law and rules and regulations\npromulgated thereunder. Release of such information shall be in\naccordance with article six of the public officers law.\n  2. Any agent, consultant, contractor or other person authorized by the\ncommissioner pursuant to this title shall hold such information\nconfidential. Release of any such information by any agent, consultant,\ncontractor or other person authorized by the commissioner shall only be\nmade after a determination by the commissioner pursuant to the\nprocedures set forth in article six of the public officers law.\n  3. Nothing herein shall restrict the exchange of information between\nthe department and its agents, consultants, contractors or other persons\nauthorized by the commissioner pursuant to this title or between\nseparate agents, consultants, contractors or other persons authorized by\nthe commissioner pursuant to this title.\n
N.Y. PBA Law § 2041-P — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-P
Interest in contracts prohibited
Status: in_force

§ 2041-p. Interest in contracts prohibited. It shall be a misdemeanor\nfor any member of the governing body or any officer, agent, servant or\nemployee of the authority to be in any way or manner interested,\ndirectly or indirectly, in the furnishing of work, materials, supplies\nor labor, or in any contract therefor which the authority is empowered\nby this title to make.\n
N.Y. PBA Law § 2027 — New York Code / Act PBA / Article 8 / Title 13 / Section 2027
Exemption from taxes
Status: in_force

§ 2027. Exemption from taxes. 1. It is hereby determined that the\ncreation of the authority and the carrying out of its corporate purposes\nis in all respects for the benefit of the people of the county of\nOnondaga and its environments, and is a public purpose, and the\nauthority shall be regarded as performing a governmental function in the\nexercise of the powers conferred upon it by this title and shall be\nrequired to pay no taxes upon any of the properties acquired by it or\nunder its jurisdiction or control or supervision or upon its activities.\n  2. Any bonds or notes issued pursuant to this title, together with the\nincome therefrom, as well as the property of the authority, shall be\nexempt from taxation, except for transfer and estate taxes.\n
N.Y. PBA Law § 2050-U — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-U
Solid waste facility reserve fund
Status: in_force

§ 2050-u. Solid waste facility reserve fund. The county legislature\nmay establish a special fund, to be known as solid waste facility\nreserve fund of the county. There shall be credited in such reserve fund\nall amounts paid to the county and specifically designated by the payor\nfor deposit in such reserve fund, together with such county moneys as\nmay be appropriated thereto from time to time. Moneys in such reserve\nfund shall be deposited in interest-bearing accounts and may be\nappropriated only for the purpose of paying amounts due from the county\nunder the terms of any contract entered into pursuant to this title, for\nwhich an insufficient or no provision has otherwise been made, except\nthat upon the adoption of a resolution by at least a two-third vote of\nthe voting strength of the county legislature, all or any portion of the\nmoneys in such reserve fund may be transferred to any other reserve fund\nestablished by the county pursuant to the general municipal law. To the\nextent not inconsistent with the provisions of this section, the\nmanagement of such reserve fund and the investment of moneys therein\nshall be subject to the provisions of section six-h of the general\nmunicipal law.\n
N.Y. PBA Law § 2050-Q — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-Q
Interest in contracts prohibited
Status: in_force

§ 2050-q. Interest in contracts prohibited. It shall be a misdemeanor\nfor any member of the governing body or any officer, agent, servant or\nemployee of the agency to be in any way or manner interested, directly\nor indirectly, in the furnishing of work, materials, supplies or labor,\nor in any contract therefor which the agency is empowered by this title\nto make.\n
N.Y. PBA Law § 2046-O — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-O
Tax contract
Status: in_force

§ 2046-o. Tax contract. The state covenants with the purchasers and\nwith all subsequent holders and transferees of bonds or notes issued by\nthe agency pursuant to this title, in consideration of the acceptance of\nand payment for the bonds or notes that the bonds and notes of the\nagency issued pursuant to this title and the income therefrom, and all\nmoneys, funds and revenues pledged to pay or secure the payment of such\nbonds or notes, shall at all times, be free from taxation except for\nestate and gift taxes and taxes on transfers.\n
N.Y. PBA Law § 2049-X — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-X
Effect of inconsistent provisions
Status: in_force

§ 2049-x. Effect of inconsistent provisions. In so far as the\nprovisions of this title are inconsistent with the provisions of any\nother act, general or special, or any local law, ordinance or resolution\nof the town or any other municipality, the provisions of this title\nshall be controlling. Nothing contained in this section shall be held to\nsupplement or otherwise expand the powers or duties of the authority\notherwise set forth in this title. Nothing contained in this title shall\nbe held to alter or abridge the powers and duties of the department of\nenvironmental conservation.\n
N.Y. PBA Law § 2046-I — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-I
Actions against agency
Status: in_force

§ 2046-i. Actions against agency. 1. In every action against the\nagency for damages, for injuries to real or personal property or for the\ndestruction thereof, or for personal injuries or death, the complaint\nshall contain an allegation that at least thirty days have elapsed since\nthe demand, claim or claims upon which such action is founded were\npresented to a member of the agency or other officer designated for such\npurpose and that the agency has neglected or refused to make an\nadjustment or payment thereof.\n  2. Except in an action for wrongful death, an action against the\nagency founded on tort shall not be commenced more than one year and\nninety days after the cause of action therefor shall have accrued, nor\nunless a notice of claim shall have been served on the agency within the\ntime limited by and in compliance with all the requirements of section\nfifty-e of the general municipal law. An action against the agency for\nwrongful death shall be commenced in accordance with the notice of claim\nand time limitation provisions of title eleven of article nine of this\nchapter.\n  3. The agency may require any person, presenting for settlement an\naccount or claim for any cause whatever against the agency, to be sworn\nbefore a director, counsel or an attorney, officer or employee of the\nagency designated for such purpose, concerning such account or claim and\nwhen so sworn to answer orally as to any facts relative to such account\nor claim. The agency shall have power to settle or adjust all claims in\nfavor of or against the agency.\n  4. The rate of interest to be paid by the agency upon any judgment for\nwhich it is liable, other than a judgment on its bonds or notes, shall\nnot exceed nine per centum per annum.\n
N.Y. PBA Law § 2051-O — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-O
Actions against the authority
Status: in_force

§ 2051-o. Actions against the authority. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the authority for personal injury or damage to real\nor personal property alleged to have been sustained by reason of the\nnegligence or wrongful act of the authority or of any member, officer,\nagent or employee thereof, unless (a) a notice of claim shall have been\nmade and served upon the authority within the time limit by and in\ncompliance with section fifty-e of the general municipal law, or (b) it\nshall appear by and as an allegation in the complaint or moving papers\nthat at least thirty days have elapsed since the service of such notice\nand that adjustment or payment thereof has been neglected or refused,\nand (c) the action or special proceeding shall be commenced within one\nyear and ninety days after the happening of the event upon which the\nclaim is based. An action against the authority for wrongful death shall\nbe commenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter. Actions to\nrecover damages for personal injury or injury to property caused by the\nlatent effects of exposure to any substance or combination of\nsubstances, in any form, upon or within the body or upon or within\nproperty shall be governed by section two hundred fourteen-c of the\ncivil practice law and rules.\n  2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority may require any person, presenting for settlement an\naccount or claim for any cause whatever against the authority, to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose concerning such account or\nclaim and, when so sworn, to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section three-a of the general municipal law.\nInterest on payments of principal or interest on any bonds in default\nshall accrue at the rate borne by such bonds from the due date thereof\nuntil paid or otherwise satisfied.\n
N.Y. ENV Law § 27-1325 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1325
Financial responsibility provisions
Status: in_force

§ 27-1325. Financial responsibility provisions.\n  1. The department shall promulgate regulations regarding financial\nresponsibility for the implementation of an inactive hazardous waste\ndisposal site remedial program.\n  2. Financial responsibility required by subdivision one of this\nsection may be established in accordance with regulations promulgated by\nthe commissioner by any one, or any combination, of the following:\ninsurance, guarantee, surety bond, letter of credit, or qualification as\na self-insurer. In promulgating requirements under this section, the\ncommissioner is authorized to specify policy or other contractual terms,\nconditions, or defenses which are necessary or are unacceptable in\nestablishing such evidence of financial responsibility in order to\neffectuate the purposes of this article.\n  3. In any case where the responsible person is in bankruptcy,\nreorganization, or arrangement pursuant to the Federal Bankruptcy Code\nor where, with reasonable diligence, jurisdiction in any state or\nfederal court within the state cannot be obtained over a responsible\nperson likely to be solvent at the time of judgment, any claim arising\nfrom conduct for which evidence of financial responsibility shall be\nprovided under this section may be asserted directly against the\nguarantor providing such evidence of financial responsibility. In the\ncase of any action pursuant to this subdivision, such guarantor shall be\nentitled to invoke all rights and defenses which would have been\navailable to the responsible person if any action had been brought\nagainst the responsible person by the claimant and which would have been\navailable to the guarantor if an action had been brought against the\nguarantor by the responsible person.\n  4. The total liability of any guarantor shall be limited to the\naggregate amount which the guarantor has provided as evidence of\nfinancial responsibility to the responsible person under this chapter.\nNothing in this subdivision shall be construed to limit any other state\nor federal statutory, contractual or common law liability of a guarantor\nto its responsible person including, but not limited to, the liability\nof such guarantor for bad faith either in negotiating or in failing to\nnegotiate the settlement of any claim. Nothing in this subdivision shall\nbe construed to diminish the liability of any person under section\n27-1313 of this article or other applicable law.\n  5. For the purpose of this section, the term "guarantor" means any\nperson, other than the responsible person, who provides evidence of\nfinancial responsibility for a responsible person under this section.\n
N.Y. PBA Law § 2052-O — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-O
Books and records
Status: in_force

§ 2052-o. Books and records. The county comptroller and his legally\nauthorized representatives are authorized and empowered from time to\ntime to examine the accounts and books of the authority, including its\nreceipts, disbursements, contracts, leases, sinking funds, investments\nand any other records and papers relating to its financial standing.\n
N.Y. RSS Law § 410-A — New York Code / Act RSS / Article 8 / Title 13 / Section 410-A
Deduction of group plan insurance or medicare premiums from benefits
Status: in_force

§ 410-a. Deduction of group plan insurance or medicare premiums from\nbenefits.  Notwithstanding anything to the contrary contained in section\nfour hundred ten of this act, the comptroller is hereby authorized to\ndeduct from the retirement allowance of any retired member, such amount\nas the retired member may specify in writing filed with the comptroller\nfor the payment of any insurance premiums written on the group plan,\ncovering only such insurance in which the employer as defined in section\nthree hundred two of this article contributes, and to transmit the sums\nso deducted to the company carrying such insurance or its authorized\nrepresentative. The comptroller is further authorized to deduct from the\nretirement allowance of any retired member such amount as the retired\nmember may specify in writing filed with the comptroller for the payment\nof any insurance premiums due for medicare, and to transmit the sums so\ndeducted to the agency for the federal government authorized to\nadminister the medicare program. Any such written authorization may be\nwithdrawn by such retired member at any time upon filing notice of such\nwithdrawal with the comptroller.\n
N.Y. ENV Law § 71-1301 — New York Code / Act ENV / Article 71 / Title 13 / Section 71-1301
Applicability of this title
Status: in_force

§ 71-1301. Applicability of this title.\n  In addition to the provisions of sections 71-0101 and 71-0301 of this\narticle, the provisions of this title shall be applicable to the\nenforcement of article 23 of this chapter except as otherwise provided\nin article 23 of this chapter.\n
N.Y. PBA Law § 2049-OO — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-OO
Actions against authority
Status: in_force

§ 2049-oo. Actions against authority. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the authority for personal injury or damage to real\nor personal property alleged to have been sustained by reason of the\nnegligence or wrongful act of the authority or of any member, officer,\nagent or employee thereof, unless (a) a notice of claim shall have been\nmade and served upon the authority within the time limit by and in\ncompliance with section fifty-e of the general municipal law, (b) it\nshall appear by and as an allegation in the complaint or moving papers\nthat at least thirty days have elapsed since the service of such notice\nand that adjustment or payment thereof has been neglected or refused,\nand (c) the action or special proceeding shall be commenced within one\nyear and ninety days after the happening of the event upon which the\nclaim is based. An action against the authority for wrongful death shall\nbe commenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter.  Actions to\nrecover damages for personal injury or injury to property caused by the\nlatent effects of exposure to any substance or combination of\nsubstances, in any form, upon or within the body, or upon or within\nproperty, shall be governed by section two hundred fourteen-c of the\ncivil practice law and rules.\n  2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority may require any person, presenting for settlement an\naccount or claim for any cause whatever against the authority to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose, concerning such account or\nclaim and when so sworn, to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section three-a of the general municipal law.\nInterest on payments of principal or interest on any bonds in default\nshall accrue at the rate borne by such bonds from the due date thereof\nuntil paid or otherwise satisfied.\n
N.Y. PBA Law § 2050-KK — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-KK
Moneys of the authority
Status: in_force

§ 2050-kk. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority\nand shall be deposited forthwith in interest bearing accounts in a bank\nor banks in the state designated by the governing body. The moneys in\nsuch accounts shall be paid out on check of the treasurer upon\nrequisition by the governing body or of such other person or persons as\nthe governing body may authorize to make such requisitions. All deposits\nof such moneys shall be secured by obligations of the United States, the\nstate or of the towns of a market value equal at all times to the amount\non deposit and all banks and trust companies are authorized to give such\nsecurity for such deposits.  The authority shall have power,\nnotwithstanding the provisions of this section, to contract with the\nholders of any bonds as to the custody, collection, security, investment\nand payment of any moneys of the authority or any moneys held in trust\nor otherwise for the payment of bonds or in any way to secure bonds, and\ncarry out any such contract.  Moneys held in trust or otherwise for the\npayment of bonds or in any way to secure bonds and deposits of such\nmoneys may be secured in the same manner as moneys of the authority and\nall banks and trust companies are authorized to give such security for\nsuch deposits. Any moneys of the authority not required for immediate\nuse or disbursement may, at the discretion of the authority, be invested\nin those obligations specified pursuant to the provisions of section\nninety-eight-a of the state finance law. Subject to the provisions of\nany contract with bondholders and with the approval of the comptroller,\nthe authority shall prescribe a system of accounts.\n
N.Y. PBA Law § 2033 — New York Code / Act PBA / Article 8 / Title 13 / Section 2033
Audit of authority; annual report
Status: in_force

§ 2033. Audit of authority; annual report. In conformity with the\nprovisions of section five of article ten of the constitution, the\naccounts of the authority shall be subject to the supervision of the\nstate comptroller and such state comptroller and his legally authorized\nrepresentatives are hereby authorized and empowered from time to time to\nexamine the accounts and the books of the authority, including its\nreceipts, disbursements, contracts, leases, sinking funds, investments\nand any other matters relating to its financial standing. The authority\nshall annually submit to the governor and the comptroller and to the\nlegislature a detailed report pursuant to the provisions of section\ntwenty-eight hundred of this chapter, and a copy of such report shall be\nfiled with the chief fiscal officer of the county.\n
N.Y. PBA Law § 2049-U — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-U
Contracts with municipalities; powers of municipalities
Status: in_force

§ 2049-u. Contracts with municipalities; powers of municipalities. 1.\nThe town and one or more municipalities within the town, or the\nauthority and the town, shall have power to contract from time to time\nbetween or among themselves, or among themselves and with the authority\nin relation to the collecting, receiving, transporting, storage,\nprocessing or disposal of solid waste or for the purchase or use of any\nmaterials, energy, by-products or residue generated by or resulting from\nthe operation of any solid waste management facility. Any such contract\nto which the authority and any municipality are parties may include\nprovisions stipulating the maximum rates, rentals, fees and other\ncharges to be collected for the use of facilities. To further the\ngovernmental and public purposes of the authority, including the\nimplementation of any contract or proposed contract contemplated by this\ntitle, the authority and all other municipalities within the town shall\nhave power to adopt and amend local laws imposing appropriate and\nreasonable limitations on competition including, without limiting the\ngenerality of the foregoing, local laws requiring that all solid waste\ngenerated or originated within their respective boundaries, subject to\nsuch exceptions as may be determined to be in the public interest, shall\nbe delivered to a specified solid waste management facility. The town\nshall be empowered under this section to adopt any such local law\nrequiring the delivery of solid waste to a specified solid waste\nmanagement facility. Any such local law shall be adopted in accordance\nwith the procedure provided by the municipal home rule law, except that\nno such local law shall be subject to either mandatory or permissive\nreferendum.\n  2. The town is hereby authorized to resell or otherwise dispose of all\nor any part of the materials, energy, by-products or residue purchased,\nreceived or obtained from the authority pursuant to subdivision one of\nthis section. Any resale or other disposition may be made in such manner\nas the town may deem proper and upon such terms and conditions as may be\nagreed upon by the parties thereto.\n  3. The town and all other municipalities shall have power to perform\nsuch other acts, to enter into such other contracts, including contracts\nbetween or among themselves, execute such instruments and to undertake\nsuch future proceedings as shall be determined necessary or desirable to\neffectuate the purpose of this title, including the making of gifts,\ngrants, loans or contributions to the authority.\n  4. Notwithstanding any other law, general, special or local, any\ncontract entered into by a municipality in connection with, or in any\nmanner relating to, any project or facility pursuant to this section may\nbe for such term or duration, not to exceed twenty years, as may be\nagreed upon by the parties thereto, except that any such contract may\nprovide that the same shall remain in full force and effect so long as\nthe bonds issued for or in connection with such project, including any\nrenewals thereof, shall remain outstanding or until adequate provision\nhas been made for the payment or satisfaction thereof.\n  5. Any contract entered into pursuant to this section to which the\nauthority shall be a party may be pledged by the authority as security\nfor any issue of bonds, and may be assigned, in whole or in part, by the\nauthority to any public corporation or person which shall construct,\npurchase, lease or otherwise acquire any solid waste management\nfacility, or part thereof, financed in whole or in part by the\nauthority.\n
N.Y. ENV Law § 23-1303 — New York Code / Act ENV / Article 23 / Title 13 / Section 23-1303
Authority to acquire property
Status: in_force

§ 23-1303. Authority to acquire property.\n  1. Any corporation empowered to produce, transport, distribute or\nstore gas within this state for ultimate public use, which holds an\nunderground storage permit from the department or which is otherwise\nlawfully operating an underground storage reservoir and its buffer zone,\nand which after reasonable effort is unable to obtain rights in real\nproperty and wells thereon necessary for activation, operation, or\nprotection of the storage reservoir and its buffer zone shall, subject\nto the applicable provisions of the eminent domain procedure law, have\nthe authority to acquire such rights as may be required adequately to\nexamine, prepare, maintain, operate and protect, and for access to such\nunderground storage reservoir and its buffer zone; provided that no\nright of acquisition under this section shall extend to any lands or\ninterests therein which have been acquired, or, in the hands of the\npresent holder, could have been acquired by acquisition; and, provided\nfurther, that any acquisition of cemetery lands or burial grounds shall\nbe in the sound discretion of the court and with due provision for the\nrelocation of human remains.\n  2. Underground gas storage operators authorized by this section to\nmaintain acquisition proceedings before filing a suit for such\nacquisition shall have filed with the department a map showing the\nlocation, boundaries and estimated size of surface acreage of the\nunderground storage reservoir and its buffer zone.\n  3. Any operator of an underground gas storage reservoir who at any\ntime controls less than one hundred per cent of the storage rights\nwithin that reservoir and its buffer zone and is authorized by this\nsection to maintain a proceeding shall acquire the storage rights\nremaining in the reservoir and its buffer zone acreage by negotiation or\nfile and proceed with acquisition proceedings within a reasonable time\nbut not to exceed a two year period after the first injection of gas, or\nafter the effective date of this section, whichever is later or within\nany extension granted by the department.\n  4. Any operator who seeks to acquire underground gas storage and\nbuffer zone rights as authorized by this section shall name as parties\ndefendant all the owners of all the parcels of property located within\nthe boundaries of the reservoir and its buffer zone from whom storage\nrights have not previously been legally acquired by grant, lease, or\nother voluntary agreement; provided, however, that a failure to join the\nowners of any parcel in the reservoir and its buffer zone due to\ninadvertence shall not constitute a jurisdictional defect in any\nproceeding of acquisition.\n  5. The value of any property acquired pursuant to this section shall\ninclude the value of any commercially recoverable native oil and gas in\nplace to the extent that the holder of the property interest being\nacquired has a right thereto. The same provision shall apply to the\nholder of salt rights.\n  6. The cost of, or possible necessity for, plugging any well or wells,\nwhen such plugging or replugging is or may be made necessary by reason\nof the storage use made possible or facilitated by acquisition shall not\nbe considered in computing the value of property or any interest therein\ntaken under this section.\n  7. The use of salt cavities for the storage of gas or other petroleum\nproducts or byproducts shall be at the discretion of the owner of the\nsalt deposits at the location of the cavity. Salt cavities may be used\nfor salt recovery and storage with the consent and agreement of the\nowners of the salt cavity and the stored material. Conversion of any\nsalt cavity for the storage of gas or other petroleum products or\nbyproducts shall be in accordance with section 23-1103 or 23-1301 of\nthis article.\n
N.Y. PBA Law § 2050-M — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-M
Agreement with the state
Status: in_force

§ 2050-m. Agreement with the state. The state does hereby pledge to\nand agree with the holders of any bonds issued by the agency pursuant to\nthis title that the state will not alter or limit the rights hereby\nvested in the agency to purchase, construct, maintain, operate, repair,\nimprove, increase, enlarge, extend, reconstruct, renovate, rehabilitate\nor dispose of any project, or any part or parts thereof, for which bonds\nof the agency shall have been issued, to establish and collect rates,\nrents, fees and other charges referred to in this title, to fulfill the\nterms of any agreement made with or for the benefit of the holders of\nbonds or with any public corporation or person with reference to such\nproject or part thereof, or in any way impair the rights and remedies of\nbondholders, until the bonds, together with the interest thereon, with\ninterest on any unpaid installments of interest, and all costs and\nexpenses in connection with any action or proceeding by or on behalf of\nsuch holders, are fully met and discharged; provided, however, that\nnothing in this section shall limit the ability of the state to enforce\nenvironmental and public health laws. The agency is authorized to\ninclude this pledge and agreement of the state in any agreement with\nbondholders.\n
N.Y. ENV Law § 23-1307 — New York Code / Act ENV / Article 23 / Title 13 / Section 23-1307
Ownership of storage gas and storage rights
Status: in_force

§ 23-1307. Ownership of storage gas and storage rights.\n  1. All gas and liquefied petroleum gas, which has previously been\nreduced to possession, and which is lawfully injected into an\nunderground storage reservoir, shall be deemed the property of the\ninjector, his heirs, successors or assigns, provided that the injector,\nhis heirs, successors or assigns, shall have no right to reserves of\nnative gas or oil remaining in any stratum or portion thereof which have\nnot been condemned hereunder or otherwise acquired by such injector, his\nheirs, successors or assigns. Nothing contained in this subdivision\nshall be construed to confer on any operator any storage rights not\notherwise acquired or held by him.\n  2. No production lease shall be construed to include rights to store\noil or gas unless the lease includes a provision granting such storage\nrights. The rule of construction provided in this subdivision is not\nintended to alter any law or rule of construction applicable to leases\nmade prior to October 1, 1963 or to imply any rule of construction for\nsuch leases.\n
N.Y. PBA Law § 2047-A — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-A
Short title
Status: in_force

§ 2047-a. Short title. This title shall be known and may be cited as\nthe "Dutchess County Resource Recovery Agency Act."\n
N.Y. PBA Law § 2053-R — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-R
Contracts
Status: in_force

§ 2053-r. Contracts. 1. All contracts or orders for work, material or\nsupplies performed or furnished in connection with construction shall be\nawarded by the authority pursuant to resolution of the governing body\nexcept as hereinafter provided. Such awards, when applicable, shall be\nmade in compliance with paragraph (e) of subdivision four and\nsubdivision seven of section one hundred twenty-w of the general\nmunicipal law. In any construction contract, the authority may provide a\nprogram for the payment of damages for delays and incentive awards in\norder to encourage timely project completion. An action, suit or\nproceeding contesting the validity of a contract awarded pursuant to\nthis section, or the validity of the procedures relating to such award,\nshall be governed by the provisions of subdivision six of section one\nhundred twenty-w of the general municipal law and the term\n"municipality" as used in such subdivision six shall mean the authority.\n  2. The person whose bid or proposal is accepted shall give security\nfor the faithful performance of the contract, and such other security as\nthe authority may require, and may be required to maintain any\nconstruction done under the contract for such period as shall be\nstipulated, all in the manner prescribed and required by the authority\nand the sufficiency of such security shall, in addition to the\njustification and acknowledgement, be approved by the authority. All\nbids or proposals shall be publicly opened by the governing body or its\nduly authorized agent. If the person whose bid or proposal has been\naccepted after advertising shall neglect or refuse to accept the\ncontract within five days after written notice that the contract has\nbeen awarded to him on his bid or proposal or if he accepts but does not\nexecute the contract and give proper security, the authority shall have\nthe right to declare his deposit forfeited. In case any work shall be\nabandoned by any contractor, the authority may, if it determines that\nthe public interest is thereby served, adopt on behalf of the authority\nany or all subcontracts made by such contractor for such work and all\nsuch subcontractors shall be bound by such adoption if made. No bid or\nproposal shall be accepted from or any contract awarded to any person or\ncorporation who is in arrears to the authority or the county upon any\nobligation of the authority or of the county. Every contract shall be\nexecuted in duplicate, one copy of which shall be held by the authority\nand one copy of which shall be delivered to the contractor.  The\nauthority may adopt, utilize, ratify and confirm any request for\nproposals, invitation for sealed bids, plans, specifications and notices\nheretofore or hereafter published by the county with respect to any\nproposed project. The provisions of this section shall supersede any\ninconsistent provisions of the general municipal law, or any other\ngeneral, special or local law, or the charter of the county. The\nauthority shall be deemed an authority for the purpose of section\ntwenty-eight hundred seventy-eight of this chapter.\n  3. For the purposes of article fifteen-A of the executive law only,\nthe authority shall be deemed a state agency as that term is used in\nsuch article, and its contracts for design, construction, services and\nmaterials shall be deemed state contracts within the meaning of that\nterm as set forth in such article.\n
N.Y. PBA Law § 2049-E — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-E
Advances on behalf of authority; transfer of property to authority; acquisition of property by town for authority
Status: in_force

§ 2049-e. Advances on behalf of authority; transfer of property to\nauthority; acquisition of property by town for authority. 1. In addition\nto any powers granted to it by law, the town may by resolution advance\nsums of money to or on behalf of the authority to defray project costs\nor any other costs and expenses of the authority to be incurred prior to\nthe first issuance of bonds. Subject to the rights of any bondholders,\nthe moneys so appropriated shall be repaid by the authority to the town\nat such time and in such manner as may be agreed upon between the\nauthority and the town board.\n  2. The town or any other municipality may give, grant, sell, convey,\nloan or license the use of or lease to the authority any property or\nfacility which is useful to the authority in order to carry out its\npowers under this title. Any such transfer of property shall be upon\nsuch terms and conditions, subject to the rights of any bondholders, as\nthe authority and the town or other municpality may agree.\n  3. Notwithstanding the provisions of any other law, general, special\nor local, real property acquired by the authority or the town from the\nstate may be used for any corporate purpose of the authority.\n
N.Y. PBA Law § 2053-W — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-W
Solid waste reserve fund
Status: in_force

§ 2053-w. Solid waste reserve fund. The county legislature may\nestablish a special fund, to be known as the solid waste reserve fund of\nthe county. There shall be credited to such reserve fund all amounts\npaid to the county and specifically designated by the payor for deposit\nin such reserve fund, together with such county moneys as may be\nappropriated thereto from time to time. Moneys in such reserve fund may\nbe appropriated only for the purpose of paying amounts due from the\ncounty under the terms of any contract entered into pursuant to this\ntitle, for which an insufficient or no provision has otherwise been\nmade, except that upon the adoption of a resolution by at least a\ntwo-thirds vote of the voting strength of the county legislature, all or\nany portion of the moneys in such reserve fund may be transferred to any\nother reserve fund established by the county pursuant to the general\nmunicipal law. To the extent not inconsistent with the provisions of\nthis section, the management of such reserve fund and the investment of\nmoneys therein shall be subject to the provisions of section six-h of\nthe general municipal law.\n
N.Y. PBA Law § 2050-SS — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-SS
Limited liability
Status: in_force

§ 2050-ss. Limited liability. Neither the members of the governing\nbody, nor any municipality, officer or employee acting in its behalf,\nwhile acting within the scope of their authority, shall be subject to\nany personal liability resulting from the construction, maintenance or\noperation of any of the properties of the authority or from carrying out\nany of the powers expressly given in this title; provided, however, that\nthis section shall not be held to apply to any independent contractor.\n
N.Y. PBA Law § 2041-S — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-S
Agreements with the participating counties
Status: in_force

§ 2041-s. Agreements with the participating counties. Each\nparticipating county is authorized to pledge to and agree with the\nholders of any bonds issued by the authority pursuant to this title that\nthe county will not alter, limit or impair the rights hereby vested in\nthe authority to purchase, construct, own and operate, maintain, repair,\nimprove, reconstruct, renovate, rehabilitate, enlarge, increase and\nextend, or dispose of any project, or any part or parts thereof, for\nwhich bonds of the authority shall be issued, to establish and collect\nrates, rents, fees and other charges referred to in this title, to\nfulfill the terms of any agreements made with or for the benefit of the\nholders of bonds or with any public corporation or person with reference\nto such project or part thereof, or in any way to impair the rights and\nremedies of the holders of bonds, until the bonds, together with the\ninterest thereon, including interest on any unpaid installments of\ninterest, and all costs and expenses in connection with any action or\nproceeding by or on behalf of the holders of bonds are fully met and\ndischarged.\n
N.Y. PBA Law § 2050-NN — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-NN
Exemption from taxes, assessments and certain fees
Status: in_force

§ 2050-nn. Exemption from taxes, assessments and certain fees. 1. It\nis hereby determined that the creation of the authority and the carrying\nout of its corporate purposes is in all respects for the benefit of the\npeople of the towns and the state and is a public purpose and the\nauthority shall be regarded as performing a governmental function in the\nexercise of the powers conferred upon it by this title and shall not be\nrequired to pay any taxes or assessments upon any property owned by it\nor under its jurisdiction, control or supervision or upon its\nactivities, income and operations, or any filing, recording or transfer\nfees or taxes in relation to instruments filed, recorded or transferred\nby it or on its behalf provided, however, that the authority shall\nannually pay a sum in lieu of taxes to each of the municipalities in\nwhich any real property owned by or under its jurisdiction, control or\nsupervision of the authority are located in an amount equal to the taxes\nand assessments which would have been levied upon such real property in\nan unimproved state had such real property been owned by a person whose\nreal property is subject to taxation. The construction, use, occupation\nor possession of any property owned by the authority or the towns,\nincluding improvements thereon, by any person or public corporation\nunder a lease, lease and sublease or any other agreement shall not\noperate to abrogate or limit the foregoing exemption, notwithstanding\nthat the lessee, user, occupant or person in possession shall claim\nownership for federal income tax purposes.  Mortgages made or financed,\ndirectly or indirectly, by the authority shall be exempt from the\nmortgage recording taxes imposed by article eleven of the tax law.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom as well as the property of the authority shall be exempt from\ntaxes, except for transfer, and estate and gift taxes. The state hereby\ncovenants with the purchasers and with all subsequent holders and\ntransferees of bonds issued by the authority pursuant to this title, in\nconsideration of the acceptance of any payment for the bonds, that the\nbonds of the authority issued pursuant to this title and the income\ntherefrom and all revenues, moneys, and other property pledged to secure\nthe payment of such bonds shall at all times be free from taxation,\nexcept for transfer, and estate and gift taxes.\n
N.Y. PBA Law § 2053-T — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-T
Audit and annual report
Status: in_force

§ 2053-t. Audit and annual report. In conformity with the provisions\nof section five of article ten of the constitution, the accounts of the\nauthority shall be subject to the supervision of the state comptroller\nand an annual audit shall be performed by an independent certified\naccountant. The authority shall annually submit to the governor and\nstate comptroller and to the state legislature a detailed report\npursuant to the provisions of section two thousand eight hundred of this\nchapter, and a copy of such report shall be filed with the county\nexecutive and the chairman of the county legislature. The authority\nshall comply with the provisions of sections two thousand eight hundred\none, two thousand eight hundred two and two thousand eight hundred three\nof this chapter.\n
N.Y. PBA Law § 2049-GG — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-GG
Transfer of officers and employees
Status: in_force

§ 2049-gg. Transfer of officers and employees. Any officer or employee\nof the counties or any other municipality within the area of operation,\nunder civil service, who is selected by the authority may, with the\nconsent of the chief executive officer of the legislative body of the\nemploying county or municipality, be transferred to the authority and\nshall be eligible for such transfer and appointment, without\nexamination, to applicable offices, positions and employment under the\nauthority. The salary or compensation of any such officer or employee,\nafter such transfer, shall be paid by the authority. Any such officers\nor employees so transferred to the authority pursuant to this section\nwho are members of or benefit under any existing pension or retirement\nfund or system shall continue to have all rights, privileges,\nobligations and status with respect to such fund or system as are now\nprescribed by law, but, during the period of their employment by the\nauthority, all contributions to such fund or system to be paid by the\nemployer on account of such officers or employees shall be paid by the\nauthority. All such officers or employees so transferred to the\nauthority who have been appointed to positions under the rules and\nclassifications of the personnel officer of the county or other\nemploying municipality shall have the same status with respect thereto\nafter transfer to the authority as they had under their original\nappointment.\n
N.Y. ENV Law § 71-1307 — New York Code / Act ENV / Article 71 / Title 13 / Section 71-1307
Sanctions
Status: in_force

§ 71-1307. Sanctions.\n  1. Administrative sanctions. Any person who violates any provision of\narticle 23 of this chapter or commits any offense described in section\n71-1305 of this title shall be liable to the people of the state for a\ncivil penalty not to exceed eight thousand dollars and an additional\npenalty of two thousand dollars for each day during which such violation\ncontinues, to be assessed by the commissioner after a hearing or\nopportunity to be heard. The commissioner, acting by the attorney\ngeneral, may bring suit for collection of such assessed civil penalty in\nany court of competent jurisdiction. Such civil penalty may be released\nor compromised by the commissioner before the matter has been referred\nto the attorney general; and where such matter has been referred to the\nattorney general, any such penalty may be released or compromised and\nany action commenced to recover the same may be settled and discontinued\nby the attorney general with the consent of the commissioner. In\naddition, the commissioner shall have the power, following a hearing\nconducted pursuant to rules and regulations adopted by the department,\nto direct the violator to cease the violation and reclaim and repair the\naffected site to a condition acceptable to the commissioner, to the\nextent possible within a reasonable time and under the direction and\nsupervision of the commissioner. Any such order of the commissioner\nshall be enforceable in any action brought by the commissioner in any\ncourt of competent jurisdiction. Any civil penalty or order issued by\nthe commissioner under this subdivision shall be reviewable in a\nproceeding under article seventy-eight of the civil practice law and\nrules.\n  2. Civil sanctions. In lieu of seeking administrative sanctions, the\ncommissioner may refer any violation described in subdivision 1 of this\nsection to the attorney general who shall be empowered to bring a civil\nsuit to seek any of the sanctions described in subdivision 1 of this\nsection. Any such sanctions imposed may be released or compromised or\nthe action may be settled and discontinued by the attorney general with\nthe consent of the commissioner.\n  3. Criminal sanctions. Any person who, having any of the culpable\nmental states defined in sections 15.05 and 20.20 of the penal law,\nviolates any provision of article 23 of this chapter or commits any\noffense described in section 71-1305 of this title shall be guilty of a\nmisdemeanor and, upon conviction thereof, shall be punished by a fine\nnot to exceed one thousand dollars for each day during which such\nviolation continues or by imprisonment for a term of not more than one\nyear, or by both such fine and imprisonment. If the conviction is for a\nsubsequent offense committed after a first conviction of such person\nunder this subdivision, punishment shall be by a fine not to exceed\neight thousand dollars for each day during which such violation\ncontinues or by imprisonment for a term of not more than one year, or by\nboth such fine and imprisonment.\n  4. This section shall not affect the rights of any other person\nseeking damages arising out of a violation.\n  5. All fines collected pursuant to this section shall be paid into the\nenvironmental protection fund established pursuant to section\nninety-two-s of the state finance law.\n
N.Y. PBA Law § 2046-L — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-L
Agreements of the state
Status: in_force

§ 2046-l. Agreements of the state. The state does pledge to and agree\nwith the holders of the bonds or notes that the state will not limit or\nalter the rights hereby vested in the agency to acquire, construct,\nmaintain, operate, reconstruct and improve any project, or part or parts\nthereof, for which bonds or notes shall have been issued, to establish\nand collect rates, rentals, fees and other charges referred to in this\ntitle and to fulfill the terms of any agreement made with the holders of\nthe bonds or notes, or in any way impair the rights and remedies of such\nbondholders or noteholders, until the bonds or notes together with\ninterest thereon, interest on any unpaid installments of interest, and\nall costs and expenses in connection with any action or proceedings by\nor on behalf of the bondholders or noteholders are fully met and\ndischarged.\n
N.Y. ENV Law § 21-1319 — New York Code / Act ENV / Article 21 / Title 13 / Section 21-1319
Audit
Status: in_force

§ 21-1319. Audit.\n  Pursuant to subdivision (b) of section 15.11 of the compact, the state\nComptroller is hereby authorized and empowered from time to time to\nexamine the accounts and books of the commission, including its\nreceipts, disbursements and other items referring to its financial\nstanding as the Comptroller may deem proper and to report the results of\nsuch examination to the Governor.\n
N.Y. PBA Law § 2047-D — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-D
Transfer of property to agency; acquisition of property by county for agency
Status: in_force

§ 2047-d. Transfer of property to agency; acquisition of property by\ncounty for agency. 1. The county or any other municipality may give,\ngrant, sell, convey, loan, license the use of or lease to the agency any\nproperty or facility which is useful in connection with the exercise by\nthe agency of its powers under this title. Any such gift, grant, sale,\nconveyance, loan, license or lease shall be upon such terms and\nconditions, subject to the rights of the holders of any bonds, as the\nagency and the county or other municipality may agree.\n  2. The county may acquire by purchase or condemnation real property in\nthe name of the county for any corporate purpose of the agency.\n  3. Notwithstanding the provisions of any other law, general, special\nor local, real property acquired by the agency or the county from the\nstate may be used for any corporate purpose of the agency.\n
N.Y. ENV Law § 15-1301 — New York Code / Act ENV / Article 15 / Title 13 / Section 15-1301
Definitions
Status: in_force

§ 15-1301. Definitions.\n  1. "Comprehensive study and report" shall mean a comprehensive\nengineering and economic feasibility study and the resultant plan for\nthe development of projects to provide adequately for present and\nreasonably foreseeable area-wide public water supply system needs. The\nstudy shall be designed to develop such information as may be required\nby the department, including, but not limited to: technical feasibility;\ncost estimates for construction, property rights acquisition and\ncontingencies and for engineering, legal and other services; proposed\nmethods of financing; and estimates of first costs and subsequent total\nannual costs of construction, operation and maintenance of recommended\nfacilities. Such study shall not provide for plans and projects for\npublic water supply system, or portions thereof, the scope or the area\nof which is less than that determined by the commission as necessary for\ncomprehensive area-wide water supply system planning. Such study shall\nnot include the preparation of detail design and engineering drawing,\nspecifications, and contract documents.\n  2. "Public water supply system" means the public treatment facilities,\ntransmission facilities and source of supply facilities to provide water\nfor residential, commercial, industrial and fire service needs for areas\nlocated in two or more municipalities.\n  3. "Municipality" means a county, city, town or village.\n  4. "Governing body" means: (a) in a county, the county legislative\nbody; (b) in a city, the board of aldermen, common council, commission\nor other body vested by its charter or other law with jurisdiction to\nenact ordinances or local laws, except that in a city having a\npopulation of one million or more, if there be a board of estimate, the\nterm "governing body" shall mean such board of estimate; (c) in a town,\nthe town board; and (d) in a village, the board of trustees.\n  5. "Local agency" means the department, bureau, commission, board,\ndivision, agency, public benefit corporation, administration, or\ncommittee of municipalities, designated by the governing body of each\nparticipating municipality, or designated by the county legislative body\nin the case of a county acting on its own motion, to conduct and develop\ncomprehensive studies and reports.\n
N.Y. PBA Law § 2050-YY — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-YY
Effect of inconsistent provisions
Status: in_force

§ 2050-yy. Effect of inconsistent provisions. Insofar as the\nprovisions of this title are inconsistent with the provisions of any\nother act, general or special, or of any town charter or any local law,\nordinance or resolution of the towns or any other municipality, the\nprovisions of this title shall be controlling. Nothing contained in this\nsection shall be held to supplement or otherwise expand the powers or\nduties of the authority otherwise set forth in this title. Nothing\ncontained in this title shall be held to alter or abridge the powers and\nduties of the department of environmental conservation or the department\nof health.\n
N.Y. PBA Law § 2050-N — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-N
Exemption from taxes, assessments and certain fees
Status: in_force

§ 2050-n. Exemption from taxes, assessments and certain fees. 1. It is\nhereby determined that the creation of the agency and the carrying out\nof its corporate purposes is in all respects for the benefit of the\npeople of the county and the state and is a public purpose and the\nagency shall be regarded as performing a governmental function in the\nexercise of the powers conferred upon it by this title and shall not be\nrequired to pay any taxes or assessments upon any property owned by it\nor under its jurisdiction, control or supervision or upon its\nactivities, or any filing, recording or transfer fees or taxes in\nrelation to instruments filed, recorded or transferred by it or on its\nbehalf. The construction, use, occupation or possession of any property\nowned by the agency or the county, including improvements thereon, by\nany person or public corporation under a lease, lease and sublease or\nany other agreement shall not operate to abrogate or limit the foregoing\nexemption, notwithstanding that the lessee, user, occupant or person in\nposssession shall claim ownership for federal income tax purposes. The\nagency shall be deemed a public authority for the purposes of section\nfour hundred twelve of the real property tax law.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom as well as the property of the agency shall be exempt from\ntaxes, except for transfer and estate taxes. The state hereby covenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds issued by the agency pursuant to this title, in consideration of\nthe acceptance of any payment for the bonds, that the bonds of the\nagency issued pursuant to this title and the income therefrom and all\nrevenues, moneys and other property pledged to secure the payment of\nsuch bonds shall at all times be free from taxation, except for transfer\nand estate taxes.\n
N.Y. PBA Law § 2047-Q — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-Q
Interest in contracts prohibited
Status: in_force

§ 2047-q. Interest in contracts prohibited. It shall be a misdemeanor\nfor any member of the governing body or any officer, agent, servant or\nemployee of the agency to be in any way or manner interested, directly\nor indirectly, in the furnishing of work, materials, supplies or labor,\nor in any contract therefor which the agency is empowered by this title\nto make.\n
N.Y. PBA Law § 2041-Q — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-Q
Audit and annual report
Status: in_force

§ 2041-q. Audit and annual report. In conformity with the provisions\nof section five of article ten of the constitution, the accounts of the\nauthority shall be subject to the supervision of the state comptroller\nand an annual audit shall be performed by an independent certified\naccountant. The authority shall annually submit to the governor and\nstate comptroller and to the state legislature a detailed report\npursuant to the provisions of section two thousand eight hundred of\ntitle one of article nine of this chapter, and a copy of such report\nshall be filed with the chairman of the legislative body of each\nparticipating county. The authority shall comply with the provisions of\nsections two thousand eight hundred one, two thousand eight hundred two,\nand two thousand eight hundred three of title one of article nine of\nthis chapter.\n
N.Y. PBA Law § 2053-A — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-A
Short title
Status: in_force

§ 2053-a. Short title. This title shall be known and may be cited as\nthe "Rockland County Solid Waste Management Authority Act."\n
N.Y. PBA Law § 2050-UU — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-UU
Solid waste facility reserve fund
Status: in_force

§ 2050-uu. Solid waste facility reserve fund. The legislative bodies\nof the towns may establish a special fund, to be known as solid waste\nfacility reserve fund of such town. There shall be credited to such\nreserve fund all amounts paid to such town and specifically designated\nby the payor for deposit in such reserve fund, together with such town\nmoneys as may be appropriated thereto from time to time. Moneys in such\nreserve funds may be appropriated only for the purpose of paying amounts\ndue from the town under the terms of any contract entered into pursuant\nto this title or for the construction, operation or closure of solid\nwaste management facilities within the town, for which an insufficient\nor no provision has otherwise been made, except that upon the adoption\nof a resolution by at least a two-third vote of the voting strength of\nsuch towns legislative body, all or any portion of the moneys in such\nreserve fund may be transferred to any other reserve fund established by\nthe town pursuant to the general municipal law. To the extent not\ninconsistent with the provisions of this section, the management of such\nreserve fund and the investment of moneys therein shall be subject to\nthe provisions of section six-h of the general municipal law.\n
N.Y. ENV Law § 27-1309 — New York Code / Act ENV / Article 27 / Title 13 / Section 27-1309
Access to records and sites
Status: in_force

§ 27-1309. Access to records and sites.\n  1. Every person shall, upon the written request of the commissioner or\na designee, permit a duly designated officer or employee of the\ndepartment at all reasonable times to have access to and to copy all\nbooks, papers, documents and records relating to the current and past\nhazardous waste generating, transporting or disposal activities of such\nperson.\n  2. The commissioner may sign and issue subpoenas in the name of the\ndepartment requiring the production of books, papers, documents and\nother records and may take testimony by depositions under oath of any\nperson relating to the current and past waste generating, transporting\nor disposal activities of such person. Such subpoenas and depositions\nshall be regulated by the civil practice law and rules. The commissioner\nmay invoke the powers of the supreme court of the state of New York to\ncompel compliance with any such subpoena or any request to take such\ndepositions.\n  3. Any duly designated officer or employee of the department, or of\nany state agency, and any agent, consultant, contractor, or other\nperson, including an employee, agent, consultant, or contractor of a\nresponsible person acting at the direction of the department, so\nauthorized in writing by the commissioner, may enter any inactive\nhazardous waste disposal site and areas near such site and inspect and\ntake samples of wastes, soils, air, surface water, and groundwater. In\norder to take such samples, the department or authorized person may\nutilize or cause to be utilized such sampling methods as it determines\nto be necessary including, but not limited to, soil borings and\nmonitoring wells.\n  4. The department or authorized person shall not take any samples\ninvolving the substantial disturbance of the ground surface of any\nproperty unless it has made a reasonable effort to identify the owner of\nthe property and to notify such owner of the intent to take such\nsamples. If the owner can be identified, the department shall provide\nsuch owner with a minimum of ten days' written notice of the intent to\ntake such samples, unless the commissioner makes a written determination\nthat such ten day notice will not allow the department to protect the\nenvironment or public health, in which case two days' written notice\nshall be sufficient. Any inspection of the property and each such taking\nof samples shall take place at reasonable times and shall be commenced\nand completed with reasonable promptness. If any officer, employee,\nagent, consultant, contractor, or other person so authorized in writing\nby the commissioner obtains any samples prior to leaving the premises,\nhe or she shall give to the owner or operator a receipt describing the\nsample obtained and, if requested, a portion of such sample equal in\nvolume or weight to the portion retained. If any analysis is made of\nsuch samples, a copy of the results of such analysis shall be furnished\npromptly to the owner or operator. Upon the completion of all sampling\nactivities, the department or authorized person shall remove, or cause\nto be removed, all equipment and well machinery and return the ground\nsurface of the property to its condition prior to such sampling, unless\nthe department or authorized person, and the owner of property shall\notherwise agree.\n  5. The expense of any such sampling and analysis shall be paid by the\ndepartment, but may be recovered from any responsible person in any\naction or proceeding brought pursuant to this title or common law;\nprovided, that if the person so authorized in writing shall be an\nemployee, agent, consultant, or contractor of a responsible person\nacting at the direction of the department, then the expense of any such\nsampling and analysis shall be paid by the responsible person.\n
N.Y. PBA Law § 2046-J — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-J
Moneys of the agency
Status: in_force

§ 2046-j. Moneys of the agency. All moneys of the agency from whatever\nsource derived shall be paid to the treasurer of the agency and shall be\ndeposited forthwith in a bank or banks in the state designated by the\nagency. The moneys in such accounts shall be paid out on check of the\ntreasurer upon requisition by the agency or of such other person or\npersons as the agency may authorize to make such requisitions. All\ndeposits of such moneys shall be secured by obligations of the United\nStates or of the state or of the town of a market value equal at all\ntimes to the amount on deposit and all banks and trust companies are\nauthorized to give such security for such deposits. To the extent\npracticable, consistent with the cash requirements of the agency, all\nsuch moneys shall be deposited in interest bearing accounts. The agency\nshall have power, notwithstanding the provisions of this section, to\ncontract with the holders of any of its bonds or notes as to the\ncustody, collection, security, investment and payment of any moneys of\nthe agency, or any moneys held in trust or otherwise for the payment of\nbonds or notes or in any way to secure bonds or notes, and carry out any\nsuch contract notwithstanding that such contract may be inconsistent\nwith the provisions of this section.  Moneys held in trust or otherwise\nfor the payment of bonds or notes or in any way to secure bonds or notes\nand deposits of such moneys may be secured in the same manner as moneys\nof the agency and all banks and trust companies are authorized to give\nsuch security for such deposits.  Subject to any agreements with the\nholders of any of its bonds or notes, any moneys of the agency not\nrequired for immediate use or distribution may, at the discretion of the\nagency, be invested in those obligations specified pursuant to the\nprovisions of section ninety-eight-a of the state finance law. Subject\nto any agreements with the holders of any of its bonds or notes, the\nagency with the approval of the state comptroller shall prescribe a\nsystem of accounts.\n
N.Y. ENV Law § 11-1307 — New York Code / Act ENV / Article 11 / Title 13 / Section 11-1307
Fishing promotion program
Status: in_force

§ 11-1307. Fishing promotion program.\n  The commissioner shall develop and implement a fishing promotion\nprogram. The commissioner shall, in conjunction with the commissioner of\neconomic development and the commissioner of parks, recreation and\nhistoric preservation, develop and implement a program which will\nencourage residents and out-of-state fishermen to utilize New York\nstate's fishing opportunities. Such program shall include, but not be\nlimited to:\n  1. working with conservation organizations, local sportmen's clubs,\nretail stores, and county chambers to develop and conduct educational\nfishing clinics for children and adults to teach angling techniques for\nboth fresh and salt water fishing and to provide information about\nstocking programs that will increase the odds of a successful and safe\nfishing experience;\n  2. conducting public outreach, including working with local community\nand youth organizations, tourism promotion agencies and local\ngovernments, to develop programs in conjunction with the two free\nfishing days annually per department region provided by the legislature,\nsuch as educational seminars, day-long fishing festivals, and tackle and\nrod loaner programs, which will encourage individuals to take up the\nsport of fishing;\n  3. making available to the fishing public, via both brochures and the\nagency's website, the following information:\n  a. Public fishing sections of streams, ponds, and lakes;\n  b. Public access points for streams, ponds, and lakes;\n  c. Handicapped access points for all water bodies; and\n  d. The location of state lands, including forests, parks, wildlife\nmanagement areas, trails, campsites by type, ski areas, hatcheries, and\nenvironmental education centers and camps;\n  4. posting fishing reports, including current fishing conditions\nstatewide, on the department's website;\n  5. developing and implementing a "learn-to-fish" and "instructional"\npassbook and stamp program. a. The department shall make available,\nwherever licenses are sold, a "learn-to-fish" passbook and stamps to\nchildren under sixteen years of age. Such stamps shall include various\ntypes of fish indigenous to New York state and shall also include with\nthe distribution of the "learn-to-fish" passbook one "learn-to-fish"\nstamp. A child under sixteen years of age may collect stamps and when\nthe "learn-to-fish" passbook is complete shall return such completed\n"learn-to-fish" passbook to the department via mail and the department\nshall issue a patch, to be determined by the commissioner, to\n"learn-to-fish" passbook holders who have participated in and completed\nthe "learn-to-fish" passbook program created pursuant to this\nsubdivision.\n  b. A licensee shall also be issued an "instructional passbook" and may\nplace a "learn-to-fish" stamp previously issued to a child under sixteen\nin his or her "instructional passbook" whenever he or she teaches a\nperson under sixteen years of age how to fish. Once that licensee has\nearned fifty "learn-to-fish" stamps in his or her "instructional\npassbook", that person shall return such completed "instructional\npassbook" to the department via mail and the department shall issue a\nfree fishing license for the season following that in which he or she\ngets their fiftieth "learn-to-fish" stamp. The department shall include\nin the "instructional passbook" information relating to the instruction\nof fishing techniques to children, and shall also include current\nfishing regulations in the "instructional passbook".\n
N.Y. PBA Law § 2045-X — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-X
Effect of inconsistent provisions
Status: in_force

§ 2045-x. Effect of inconsistent provisions. In so far as the\nprovisions of this title are inconsistent with the provisions of any\nother act, general or special, or of the county charter or any local\nlaw, ordinance or resolution of the county or any other municipality,\nthe provisions of this title shall be controlling. Nothing contained in\nthis section shall be held to supplement or otherwise expand the powers\nor duties of the agency otherwise set forth in this title. Nothing\ncontained in this title shall be held to alter or abridge the powers and\nduties of the department of environmental conservation.\n
N.Y. PBA Law § 2053-I — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-I
Transfer of officers and employees
Status: in_force

§ 2053-i. Transfer of officers and employees. Any officer or employee\nof the county under civil service or otherwise, selected by the\nauthority, may, with the consent of the county executive, be transferred\nto the authority and shall be eligible for such transfer and\nappointment, without examination, to applicable offices, positions and\nemployment under the authority. The salary or compensation of any such\nofficer or employee, after such transfer, shall be paid by the\nauthority. Any such officers or employees so transferred to the\nauthority pursuant to this section, who are members of or benefit under\nany existing pension or retirement fund or system, shall continue to\nhave all rights, privileges, obligations and status with respect to such\nfund or system as are now prescribed by law, but during the period of\ntheir employment by the authority, all contributions to such funds or\nsystem to be paid by the employer on account of such officers or\nemployees shall be paid by the authority. All such officers or employees\nso transferred to the authority who have been appointed to positions\nunder the rules and classifications of the personnel officer of the\ncounty shall have the same status with respect thereto after transfer to\nthe authority as they had under their original appointment.\n
N.Y. ENV Law § 71-1309 — New York Code / Act ENV / Article 71 / Title 13 / Section 71-1309
Aiders and abettors
Status: in_force

§ 71-1309. Aiders and abettors.\n  Any person knowingly aiding or abetting any other person in the\nviolation of any provision of article 23, or any rule, regulation, or\norder of the department made pursuant thereto shall be subject to the\nsame punishment and penalty as that prescribed by this title for the\nviolation by such other person.\n
N.Y. ENV Law § 23-1301 — New York Code / Act ENV / Article 23 / Title 13 / Section 23-1301
Procedure for obtaining underground storage permit
Status: in_force

§ 23-1301. Procedure for obtaining underground storage permit.\n  1. No underground reservoir shall be devoted to the storage of gas, or\nliquefied petroleum gas unless the prospective operator of such storage\nreservoir shall have received from the department, after approval in\nwriting of the state geologist, an underground storage permit which\nshall be in full force. The application for said permit shall include\nthe following:\n  a. A map showing the location and boundaries of the proposed\nunderground storage reservoir.\n  b. A report containing sufficient data to show that the reservoir is\nadaptable for storage purposes.\n  c. An affidavit signed by the prospective operator to the effect that\nhe has acquired by grant, lease or other agreement at least seventy-five\npercent of the storage rights in said reservoir and in the buffer zone\nestablished to protect the reservoir as approved by the department,\ncalculated on the basis of surface acreage; and such affidavit shall\nalso set forth that the applicant will agree as a condition to the\nissuance of such permit that it will thereafter within a reasonable time\neither acquire by negotiation, or file and proceed with condemnation\nproceedings to acquire, any outstanding storage rights in the remaining\nreservoir and buffer zone acreage.\n  d. Such other information as the department may require.\n  2. The permit shall be granted within ninety days of application\nunless the department finds that the application and the information\nsubmitted with it do not meet the requirements of this section. The\ndepartment may revoke or suspend any underground storage permit in force\nhereunder for failure to comply with any of its provisions or for\nfailure to comply with subdivision 4 of this section.\n  3. Subdivisions 1 and 2 of this section shall not apply to underground\nstorage reservoirs or the storage of gas therein provided that such\nreservoirs have been placed in operation prior to October 1, 1963 and so\nlong as such operation is not abandoned.\n  4. Every operator shall file with the department on or before December\n31 of each year, a report with respect to each underground storage\nreservoir operated by him showing any change in:\n  a. The estimated size in surface acreage or shape of the reservoir and\nthe buffer zone if any;\n  b. His estimate of total capacity of the reservoir;\n  c. His estimate of working capacity of the reservoir; and\n  d. Any other engineering, geological or operational data that may be\nrequested by the department.\n  5. The applicant for a permit for the following purposes shall submit\nwith his application the following fees:\n  a. for a new underground storage reservoir, a fee of ten thousand\ndollars.\n  b. for a modification of the storage capacity of an existing\nunderground storage reservoir, a fee of five thousand dollars.\n  6. No permit issued hereunder and no provision of this article shall\nbe construed to diminish or impair the jurisdiction of the Public\nService Commission with respect to regulation of the manufacture,\ntransportation, distribution or sale of gas.\n
N.Y. ENV Law § 58-1301 — New York Code / Act ENV / Article 58 / Title 13 / Section 58-1301
Labor standards
Status: in_force

§ 58-1301. Labor standards.\n  1. Projects funded pursuant to this article shall require compliance\nwith prevailing wage requirements pursuant to section two hundred twenty\nof the labor law.\n  2. Any state entity or municipality receiving at least twenty-five\nmillion dollars ($25,000,000) from funds allocated pursuant to this\narticle for a project costing greater than fifty million dollars\n($50,000,000) shall require use of apprenticeship agreements as defined\nby article twenty-three of the labor law.\n  3. (a) Any state entity or municipality receiving at least twenty-five\nmillion dollars ($25,000,000) from funds allocated pursuant to this\narticle for a project which involves the construction, reconstruction,\nalteration, maintenance, moving, demolition, excavation, development or\nother improvement of any building, structure or land, shall be subject\nto section two hundred twenty-two of the labor law.\n  (b) Any privately owned project receiving funds allocated pursuant to\nthis title which utilizes a project labor agreement on such project\nshall not be subject to article eight of the labor law.\n  4. If determined applicable, a municipality or state entity may\nrequire that the private owner of a project, or a third party acting on\nthe owner's behalf, enter into a labor peace agreement with at least one\nbona fide labor organization either: (a) where such bona fide labor\norganization is actively representing non-construction employees; or (b)\nupon notice by a bona fide labor organization that is attempting to\nrepresent non-construction employees. For purposes of this section\n"labor peace agreement" means an agreement between an entity and labor\norganization that, at a minimum, protects the state's proprietary\ninterests by prohibiting labor organizations and members from engaging\nin picketing, work stoppages, boycotts, and any other economic\ninterference.\n  5.(a) Any municipality or state entity, or a third party acting on\nbehalf and for the benefit of the municipality or state entity, in each\ncontract for construction, reconstruction, alteration, repair,\nimprovement or maintenance of a project receiving funds under this\narticle that is a public work, shall ensure that such contract contains\na provision that the structural iron and structural steel used or\nsupplied in the performance of the contract or any subcontract thereto\nand that is permanently incorporated into the public work, shall be\nproduced or made in whole or substantial part in the United States, its\nterritories or possessions. In the case of a structural iron or\nstructural steel product, all manufacturing must take place in the\nUnited States, from the initial melting stage through the application of\ncoatings, except metallurgical processes involving the refinement of\nsteel additives. For the purposes of this subdivision, "permanently\nincorporated" shall mean an iron or steel product that is required to\nremain in place at the end of the project contract, in a fixed location,\naffixed to the public work to which it was incorporated. Iron and steel\nproducts that are capable of being moved from one location to another\nare not permanently incorporated into a public work.\n  (b) The provisions of paragraph (a) of this subdivision shall not\napply if the head of the department, agency, or municipal entity\nconstructing the public work, in his or her sole discretion, determines\nthat the provisions would not be in the public interest, would result in\nunreasonable costs, or that obtaining such steel or iron in the United\nStates would increase the cost of the contract by an unreasonable\namount, or such iron or steel, including without limitation structural\niron and structural steel, cannot be produced or made in the United\nStates in sufficient and reasonably available quantities and of\nsatisfactory quality.\n
N.Y. PBA Law § 2049-WW — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-WW
Preference for actions or proceedings against authority
Status: in_force

§ 2049-ww. Preference for actions or proceedings against authority.\nAny action or proceeding to which the authority or the people of the\nstate may be parties, in which any question arises as to the validity of\nthis title, shall be preferred over all other civil causes of action or\ncases, except election causes of action or cases, in all courts of the\nstate and shall be heard and determined in preference to all other civil\nbusiness pending therein, except election causes, irrespective of\nposition on the calendar. The same preference shall be granted upon\napplication of the authority or its counsel in any action or proceeding\nquestioning the validity of this title in which the authority may be\nallowed to intervene. The venue of any such action or proceeding shall\nbe laid in the supreme court of the county in which the principal office\nof the authority is located.\n
N.Y. PBA Law § 2041-E — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-E
Governmental capacity of the authority and municipalities
Status: in_force

§ 2041-e. Governmental capacity of the authority and municipalities.\nThe authority, participating counties and other municipalities within\nthe area of operation, in carrying out their respective powers and\nduties under this title, shall be deemed to be acting in a governmental\ncapacity. The construction, operation and maintenance of any project\nfinanced in whole or in part by the authority, shall be deemed to be the\nperformance of an essential government function by the authority acting\nin its governmental capacity, whether such project shall be owned or\noperated by the authority or by any person or other public corporation.\n
N.Y. RSS Law § 411 — New York Code / Act RSS / Article 8 / Title 13 / Section 411
Protection against fraud
Status: in_force

§ 411. Protection against fraud. a. Any person who shall:\n  1. Knowingly make any false statement, or\n  2. Falsify or permit to be falsified any record of the New York state\nand local police and fire retirement system, in any attempt to defraud\nsuch system as the result of such act shall be guilty of a misdemeanor.\n  b. Any violation of subdivision a of this section that results in a\nmember or beneficiary of the retirement system receiving a benefit or\npayment in excess of one thousand dollars more than he or she would have\nbeen entitled to shall be a class E felony. Any violation of subdivision\na of this section that results in a member or beneficiary of the\nretirement system receiving a benefit or payment in excess of three\nthousand dollars more than he or she would have been entitled to shall\nbe a class D felony.\n  c. In the event that any change or error in any record of the New York\nstate and local police and fire retirement system causes a member or\nbeneficiary of such system to receive more or less than he would have\nbeen entitled to receive had such record been correct, the comptroller,\nupon the discovery of any such change or error, shall correct such\nrecord. As far as practicable, the comptroller shall adjust payments in\nsuch a manner that the actuarial equivalent of any benefit rightly due\nshall be paid.\n
N.Y. ENV Law § 21-1309 — New York Code / Act ENV / Article 21 / Title 13 / Section 21-1309
Jurisdiction of courts
Status: in_force

§ 21-1309. Jurisdiction of courts.\n  Except as otherwise specifically provided herein, the phrase "court of\ncompetent jurisdiction" as used in the compact shall mean, with\nreference to courts of this state, the supreme court, and said court is\nhereby given all necessary and appropriate jurisdiction to hear and\ndetermine any action or proceeding brought before it pursuant to\nappropriate provisions of the compact. As used in section 11.6 of the\ncompact, the phrase "court of competent jurisdiction" shall mean, with\nreference to courts of this state, a court in which an appropriate\nproceeding under article seventy-eight of the Civil Practice Law and\nRules may be brought. As used in clause one of subdivision (a) of\nsection 15.1 of the compact, the phrase "court of competent\njurisdiction" shall mean with reference to courts of this state, any\ncourt in which an action or proceeding of the class brought by the\nSusquehanna river basin commission may be heard and determined.\n
N.Y. PBA Law § 2049-R — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-R
Interest in contracts prohibited
Status: in_force

§ 2049-r. Interest in contracts prohibited. It shall be a misdemeanor\nfor any member of the governing body or any officer, agent, servant or\nemployee of the authority to be in any way or manner interested,\ndirectly or indirectly, in the furnishing of work, materials, supplies\nor labor, or in any contract therefor which the authority is empowered\nby this title to make.\n
N.Y. PBA Law § 2052-J — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-J
Actions against authority
Status: in_force

§ 2052-j. Actions against authority. 1. No action or special\nproceeding shall be prosecuted or maintained against the authority for\npersonal injury or damage to real or personal property alleged to have\nbeen sustained by reason of the negligence or wrongful act of the\nauthority or of any member, officer, agent or employee thereof, unless\n(a) a notice of claim shall have been made and served upon the authority\nwithin the time limit prescribed by and in compliance with section\nfifty-e of the general municipal law, (b) it shall appear by and as an\nallegation in the complaint or moving papers that at least thirty days\nhave elapsed since the service of such notice and that adjustment or\npayment thereof has been neglected or refused, and (c) the action or\nspecial proceeding shall be commenced within one year and ninety days\nafter the happening of the event upon which the claim is based.\n  2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority may require any person presenting for settlement an\naccount or claim for any cause whatever against the authority, to be\nsworn before a member, counsel, officer or employee of the authority\ndesignated for such purpose concerning such account or claim and, when\nso sworn, to answer orally as to any facts relative to such account or\nclaim. The authority shall have power to settle or adjust all claims in\nfavor of or against the authority.\n  4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable shall be the rate prescribed by section three-a\nof the general municipal law.\n
N.Y. PBA Law § 2041-V — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-V
Transfer of environmental applications, proceedings, approvals and permits
Status: in_force

§ 2041-v. Transfer of environmental applications, proceedings,\napprovals and permits. 1. Any application in relation to the purpose of\nor contemplated by this title or any proceeding commenced by any\nparticipating county, with the department of environmental conservation,\nthe department of transportation or any other state agency or\ninstrumentality or with the United States environmental protection\nagency or any other federal agency or instrumentality shall inure to and\nfor the benefit of the authority to the same extent and in the same\nmanner as if the authority had been a party to such application or\nproceeding and the authority shall be deemed a party thereto, to the\nextent not prohibited by any federal law. Any license, approval, permit\nor decision issued or granted pursuant to or as a result of any such\napplication or proceeding shall inure to the benefit of and be binding\nupon the authority and shall be assigned and transferred by the\nparticipating county to the authority, unless such assignment and\ntransfer is prohibited by federal law.\n  2. All such applications, proceedings, licenses, approvals, permits\nand decisions shall further inure to and for the benefit of and be\nbinding upon any person leasing, acquiring, constructing, maintaining,\nusing or occupying any facility financed in whole or in part by the\nauthority.\n
N.Y. PBA Law § 2050-WW — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-WW
Preference for actions or proceedings against authority
Status: in_force

§ 2050-ww. Preference for actions or proceedings against authority.\nAny action or proceeding to which the authority or the people of the\nstate may be parties, in which any question arises as to the validity of\nthis title, shall be preferred over all other civil causes of action or\ncases, except election causes of action or cases, in all courts of the\nstate and shall be heard and determined in preference to all other civil\nbusiness pending therein, except election causes, irrespective of\nposition on the calendar. The same preference shall be granted upon\napplication of the authority or its counsel in any action or proceeding\nquestioning the validity of this title in which the authority may be\nallowed to intervene. The venue of any such action or proceeding shall\nbe laid in the supreme court of the county in which the principal office\nof the authority is located.\n
N.Y. PBA Law § 2045-N — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-N
Exemption from taxes, assessments and certain fees
Status: in_force

§ 2045-n. Exemption from taxes, assessments and certain fees. 1. It is\nhereby determined that the creation of the agency and the carrying out\nof its corporate purposes is in all respects for the benefit of the\npeople of the county and the state and is a public purpose and the\nagency shall be regarded as performing a governmental function in the\nexercise of the powers conferred upon it by this title and shall not be\nrequired to pay any taxes or assessments upon any property owned by it\nor under its jurisdiction, control or supervision or upon its\nactivities, or any filing, recording or transfer fees or taxes in\nrelation to instruments filed, recorded or transferred by it or on its\nbehalf. The construction, use, occupation or possession of any property\nowned by the agency or the county, including improvements thereon, by\nany person or public corporation under a lease, lease and sublease or\nany other agreement shall not operate to abrogate or limit the foregoing\nexemption, notwithstanding that the lessee, user, occupant or person in\npossession shall claim ownership for federal income tax purposes. The\nagency shall be deemed a public authority for the purposes of section\nfour hundred twelve of the real property tax law.\n  2. Except in the case of a municipality in which there shall be\nlocated a solid waste management-resource recovery facility, the agency\nshall not be authorized to make any payments in lieu of real property\ntaxes or assessments. The provisions of this subdivision shall not be\ndeemed to prohibit the agency from paying for specific governmental\nservices provided to it by any municipality, fire district or fire\nprotection district, and any fire district or fire protection district\nproviding such services is hereby authorized to charge for such services\nand to receive such payments.\n  3. Any bonds issued pursuant to this title together with the income\ntherefrom as well as the property of the agency shall be exempt from\ntaxes, except for transfer and estate taxes. The state hereby covenants\nwith the purchasers and with all subsequent holders and transferees of\nbonds issued by the agency pursuant to this title, in consideration of\nthe acceptance of and payment for the bonds, that the bonds of the\nagency issued pursuant to this title and the income therefrom and all\nrevenues, moneys, and other property pledged to secure the payment of\nsuch bonds shall at all times be free from taxation, except for transfer\nand estate taxes.\n
N.Y. PBA Law § 2049-V — New York Code / Act PBA / Article 8 / Title 13-F / Section 2049-V
Environmental applications, proceedings, approvals and permits
Status: in_force

§ 2049-v. Environmental applications, proceedings, approvals and\npermits. 1. Any application in relation to the purposes of or\ncontemplated by this title, or any proceeding commenced by the town,\nwith the state department of environmental conservation, the department\nof transportation or any other state agency or instrumentality or with\nthe United States environmental protection agency or any other federal\nagency or instrumentality shall inure to and for the benefit of the\nauthority to the same extent and in the same manner as if the authority\nhad been a party to such application or proceeding, and the authority\nshall be deemed a party thereto, to the extent not prohibited by any\nfederal law. Any license, approval, permit or decision issued or granted\npursuant to or as a result of any such application or proceeding shall\ninure to the benefit of and be binding upon the authority and shall be\nassigned and transferred by the town to the authority, unless such\nassignment and transfer is prohibited by federal law.\n  2. All such applications, proceedings, licenses, approvals, permits\nand decisions shall further inure to and for the benefit of and be\nbinding upon any person leasing, acquiring, constructing, maintaining,\nusing or occupying any facility financed in whole or in part by the\nauthority.\n
N.Y. PBH Law § 1389-BB — New York Code / Act PBH / Article 13 / Title 13 / Section 1389-BB
Requirements for generators of regulated medical waste
Status: in_force

§ 1389-bb. Requirements for generators of regulated medical waste.  1.\nAll the requirements of this title shall apply to hospitals as defined\nin subdivision one of section twenty-eight hundred one of this chapter\nand to residential health care facilities as defined in subdivision\nthree of section twenty-eight hundred one of this chapter and clinical\nlaboratories as defined in section five hundred seventy-one of this\nchapter.\n  2. The commissioner shall promulgate regulations establishing\nstandards which shall be applicable to generators of regulated medical\nwaste, as may be necessary to protect human health and the environment.\nSuch standards shall include, but need not be limited to, requirements\nrespecting:\n  (a) Recordkeeping practices that accurately identify the quantities of\nsuch regulated medical waste produced and the disposition thereof;\n  (b) Compliance with the marking, labeling and packaging requirements\npursuant to section thirteen hundred eighty-nine-cc of this title;\n  (c) Compliance with the tracking system pursuant to section 27-1504 of\nthe environmental conservation law; and\n  (d) Submission of an annual report to the commissioner of\nenvironmental conservation, and additional reports at such times as the\nsaid commissioner deems necessary, on such forms as the said\ncommissioner shall prescribe, respecting the quantities of regulated\nmedical waste produced during a specified time period, and the\ndisposition thereof.\n
N.Y. PBA Law § 2050-W — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-W
Transfer of environmental applications, proceedings, approvals and permits
Status: in_force

§ 2050-w. Transfer of environmental applications, proceedings,\napprovals and permits. 1. Any application in relation to the purposes of\nor contemplated by this title heretofore filed, or any proceeding\nheretofore commenced, by the county with the department of environmental\nconservation, the department of transportation or any other state agency\nor instrumentality or with the United States environmental protection\nagency or any other federal agency or instrumentality shall inure to and\nfor the benefit of the agency to the same extent and in the same manner\nas if the agency had been a party to such application or proceeding from\nits inception, and the agency shall be deemed a party thereto, to the\nextent not prohibited by any federal law. Any license, approval, permit\nor decision heretofore or hereafter issued or granted pursuant to or as\na result of any such application or proceeding shall inure to the\nbenefit of and be binding upon the agency and shall be assigned and\ntransferred by the county to the agency, unless such assignment and\ntransfer is prohibited by federal law.\n  2. All such applications, proceedings, licenses, approvals, permits\nand decisions shall further inure to and for the benefit of and be\nbinding upon any person leasing, acquiring, constructing, maintaining,\nusing or occupying any facility financed in whole or in part by the\nagency.\n
N.Y. PBA Law § 2049-SS — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-SS
Limited liability
Status: in_force

§ 2049-ss. Limited liability. Neither the members of the governing\nbody, nor any municipality, officer or employee acting in its behalf,\nwhile acting within the scope of their authority, shall be subject to\nany personal liability resulting from the construction, maintenance or\noperation of any of the properties of the authority or from carrying out\nany of the powers expressly given in this title; provided, however, that\nthis section shall not be held to apply to any independent contractor.\n
N.Y. PBA Law § 2050-OO — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-OO
Actions against authority
Status: in_force

§ 2050-oo. Actions against authority. 1. Except in an action for\nwrongful death, no action or special proceeding shall be prosecuted or\nmaintained against the authority for personal injury or damage to real\nor personal property alleged to have been sustained by reason of the\nnegligence or wrongful act of the authority or of any member, officer,\nagent or employee thereof, unless (a) a notice of claim shall have been\nmade and served upon the authority within the time limit by and in\ncompliance with section fifty-e of the general municipal law, (b) it\nshall appear by and as an allegation in the complaint or moving papers\nthat at least thirty days have elapsed since the service of such notice\nand that adjustment or payment thereof has been neglected or refused,\nand (c) the action or special proceeding shall be commenced within one\nyear and ninety days after the happening of the event upon which the\nclaim is based. An action against the authority for wrongful death shall\nbe commenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter.  Actions to\nrecover damages for personal injury or injury to property caused by the\nlatent effects of exposure to any substance or combination of\nsubstances, in any form, upon or within the body, or upon or within\nproperty, shall be governed by section two hundred fourteen-c of the\ncivil practice law and rules.\n  2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority may require any person, presenting for settlement an\naccount or claim for any cause whatever against the authority to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose, concerning such account or\nclaim and when so sworn, to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on its bonds, shall be the\nrate prescribed by section three-a of the general municipal law.\nInterest on payments of principal or interest on any bonds in default\nshall accrue at the rate borne by such bonds from the due date thereof\nuntil paid or otherwise satisfied.\n
N.Y. PBA Law § 2041-C — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-C
Advances on behalf of authority; transfer of property to authority; acquisition of property by participating counties for authority
Status: in_force

§ 2041-c. Advances on behalf of authority; transfer of property to\nauthority; acquisition of property by participating counties for\nauthority. 1. In addition to any powers granted to it by law, any\nparticipating county may by resolution advance sums of money to or on\nbehalf of the authority to defray project costs or any other costs and\nexpenses of the authority to be incurred prior to the first issuance of\nbonds. Subject to the rights of any bondholders, the moneys so\nappropriated may be repaid by the authority to the participating county\nat such time and in such manner as may be agreed upon between the\nauthority and the participating county.\n  2. Any participating county or any other municipality within the area\nof operation may give, grant, sell, convey, loan or license the use of\nor lease to the authority any property or facility which is useful to\nthe authority in order to carry out its powers under this title. Any\nsuch transfer of property shall be upon such terms and conditions,\nsubject to the rights of any bondholders, as the authority and the\nparticipating county or other municipality may agree.\n  3. Notwithstanding the provisions of any other law, general, special\nor local, real property acquired by the authority or any participating\ncounty from the state may be used for any corporate purpose of the\nauthority.\n
N.Y. PBA Law § 2045-D — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-D
Transfer of property to agency; acquisition of property by county for agency
Status: in_force

§ 2045-d. Transfer of property to agency; acquisition of property by\ncounty for agency. 1. The county or any other municipality may give,\ngrant, sell, convey, loan, license the use of or lease to the agency any\nproperty or facility which is useful in connection with the exercise by\nthe agency of its powers under this title. Any such gift, grant, sale,\nconveyance, loan, license or lease shall be upon such terms and\nconditions, subject to the rights of the holders of any bonds, as the\nagency and the county or other municipality may agree.\n  2. The county may acquire by purchase or condemnation real property in\nthe name of the county for any corporate purpose of the agency.\n  3. Notwithstanding the provisions of any other law, general, special\nor local, real property acquired by the agency or the county from the\nstate may be used for any corporate purpose of the agency.\n
N.Y. ENV Law § 21-1303 — New York Code / Act ENV / Article 21 / Title 13 / Section 21-1303
Member and alternate
Status: in_force

§ 21-1303. Member and alternate.\n  1. As provided in section 2.2 of the compact, the Governor or his\ndesignee shall be this state's member on the commission established\nthereby. An officer of the Department of Environmental Conservation\nshall be appointed as the designee if one is appointed. The Governor\nshall appoint an alternate pursuant to section 2.3 of the compact. If\nthe Governor does not appoint a designee to act for him, he shall\nappoint an officer of the Department of Environmental Conservation as\nalternate.\n  2. Any person serving on the Susquehanna river basin commission\npursuant to this section shall be reimbursed for all necessary expenses\nincurred as an incident of such service and such reimbursement shall be\nfrom the funds of said person's department or office.\n
N.Y. RSS Law § 417 — New York Code / Act RSS / Article 8 / Title 13 / Section 417
Preservation of rights of certain members
Status: in_force

§ 417. Preservation of rights of certain members.  Notwithstanding the\nrepeal by this chapter of sections eighty-one, eighty-one-a, eighty-two,\neighty-three, eighty-three-a, eighty-four, eighty-four-a (such sections\neighty-four-a having been separately added by chapters five hundred\nsixty-five and five hundred sixty-six of the laws of nineteen hundred\nsixty-five), eighty-five, eighty-five-a, eighty-six, eighty-seven and\neighty-eight of article two of this chapter, as amended, the rights,\nprivileges and immunities of persons who are members of the state\nemployees' retirement system pursuant to such sections and who are\ntransferred to the retirement system established by this article, on the\neffective date thereof, shall not be affected or impaired, but the same\nmay be enjoyed, asserted or enforced as fully and to the same extent as\nif such sections had not been so repealed.\n
N.Y. PBA Law § 2052-E — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-E
Appropriations for purposes of the authority; transfer of property to authority; acquisition of property by county or other municipality ...
Status: in_force

§ 2052-e. Appropriations for purposes of the authority; transfer of\nproperty to authority; acquisition of property by county or other\nmunicipality for authority; contracts with county or other municipality;\nuse of Murnane Field by Utica city school district. 1. In addition to\nany powers granted to it by law, the county board of legislators, or the\nfinance board, as such term is defined in the local finance law, of any\nother municipality in the county may, from time to time, appropriate by\nresolution sums of money for purposes of the authority to defray project\ncosts or any other costs and expenses of the authority or to pay amounts\npayable or anticipated to be payable to the authority pursuant to any\ncontract or lease authorized by this title. Such county board of\nlegislators or finance board may determine if the moneys so appropriated\nshall be subject to repayment by the authority to the appropriate\nmunicipality and, in such event, the manner and time or times for such\nrepayment. In the event there shall remain at the end of any fiscal year\nof the county or any such municipality an unexpended balance of any such\nappropriation, such unexpended balance shall remain on deposit in the\nfund or account and such appropriation shall not lapse.\n  2. Notwithstanding the provisions of any other law, general, special\nor local to the contrary, real property acquired by the authority, the\ncounty or any other municipality from the state may be used for any\ncorporate purpose of the authority.\n  3. The county, one or more municipalities and the authority shall have\nthe power to contract, from time to time, between or among themselves,\nin relation to the use of the project of the authority, which contracts\nmay include any or all of the following provisions: (a) requiring the\nuse of such project by the county or such municipality for a specified\nperiod of time; (b) limiting the right, including a prohibition, of the\ncounty or any such municipality to construct a sports facility which\nwill serve the same, or substantially the same, function as the project\nowned, leased or to be constructed or leased by the authority; (c)\nproviding for specified minimum periodic payments whether or not a\nproject is actually used, subject to such limitations, exceptions and\nprovisions therein; and (d) requiring the county or any such\nmunicipality to pay to the authority such amounts as shall be necessary\nto assure the continued operation of the authority. All such payments\nshall be determined and paid in such manner and at such times as may be\nprovided in such contracts.\n  4. Any gift, grant, sale, conveyance, loan, contract or lease\nauthorized by this section may be made or entered into by the county,\nany other such municipality and/or the authority and no such gift,\ngrant, sale, conveyance, loan, contract or lease shall be subject to\nreferendum, permissive or otherwise.\n  5. Notwithstanding the provisions of any other law, general, special\nor local to the contrary, the authority shall allow the Utica city\nschool district to use Murnane Field, and the Utica city school district\nshall be authorized to use Murnane Field, for the use of its students,\nsubject only to general rules for the use of such sports facility and\nreasonable scheduling requirements, without charge to said school\ndistrict, except for reimbursement of actual expenses occasioned by its\nuse.\n
N.Y. PBA Law § 2050-XX — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-XX
Separability
Status: in_force

§ 2050-xx. Separability. If any section, clause or provision in this\ntitle shall be held by a court of competent jurisdiction to be\nunconstitutional or ineffective in whole or in part, to the extent that\nit is not unconstitutional or ineffective, it shall be valid and\neffective, and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n
N.Y. ENV Law § 15-1309 — New York Code / Act ENV / Article 15 / Title 13 / Section 15-1309
State aid
Status: in_force

§ 15-1309. State aid.\n  The state Commissioner of Health, may, in the name of the state, make\nor contract to make, within appropriations therefor, a state grant for\npayment during any of the ten successive fiscal years of the state,\nbeginning with its fiscal year commencing April 1, 1964, to a local\nagency to cover the entire cost, as determined by him, of the\npreparation of a comprehensive study and report.\n
N.Y. PBA Law § 2049-XX — New York Code / Act PBA / Article 8 / Title 13-FF / Section 2049-XX
Separability
Status: in_force

§ 2049-xx. Separability. If any section, clause or provision in this\ntitle shall be held by a court of competent jurisdiction to be\nunconstitutional or ineffective in whole or in part, to the extent that\nit is not unconstitutional or ineffective, it shall be valid and\neffective, and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n
N.Y. PBA Law § 2036 — New York Code / Act PBA / Article 8 / Title 13 / Section 2036
Effect of inconsistent provisions
Status: in_force

§ 2036. Effect of inconsistent provisions. In so far as the provisions\nof this title are inconsistent with the provisions of any other act,\ngeneral or special, or of any local law of any city, the provisions of\nthis title shall be controlling. Nothing contained in this title shall\nbe held to alter or abridge the powers and duties of the state\ndepartment of health over solid waste disposal matters.\n
N.Y. PBA Law § 2052-H — New York Code / Act PBA / Article 8 / Title 13-L / Section 2052-H
Moneys of the authority
Status: in_force

§ 2052-h. Moneys of the authority. All moneys of the authority from\nwhatever source derived shall be paid to the treasurer of the authority,\nor to the county commissioner of finance as agent of the authority if\nthe board shall so determine, and shall be deposited forthwith in a bank\nor banks in the state designated by the board. The moneys in such\naccounts shall be paid out on check of the treasurer or county\ncommissioner of finance, as the case may be, upon requisition by the\nboard or of such other person or persons as the board may authorize to\nmake such requisitions. All deposits of such moneys shall be secured by\nobligations of the United States or of the state or of the county or of\nany other municipality within the county of a market value equal at all\ntimes to the amount on deposit and all banks and trust companies are\nauthorized to give such security for such deposits. Any moneys of the\nauthority not required for immediate use or disbursement may, at the\ndiscretion of the authority, be invested in those obligations specified\npursuant to the provisions of section ninety-eight-a of the state\nfinance law. With the approval of the comptroller, the authority shall\nprescribe a system of accounts.\n
N.Y. PBA Law § 2046-N — New York Code / Act PBA / Article 8 / Title 13-C / Section 2046-N
Tax exemption
Status: in_force

§ 2046-n. Tax exemption. 1. It is hereby determined that the creation\nof the agency and the carrying out of its corporate purposes is in all\nrespects for the benefit of the people of the town and the state and is\na public purpose, and the agency shall be regarded as performing a\ngovernmental function in the exercise of the powers conferred upon it by\nthis title and shall not be required to pay taxes or assessments upon\nany of the real property or improvements thereon acquired by it or under\nits jurisdiction or control or supervision or upon its activities or any\nfiling, recording or transfer fees or taxes in relation to instruments\nfiled, recorded or transferred by it or on its behalf.\n  2. The bonds and notes issued pursuant to this title, together with\nthe income therefrom, and all its fees, charges, gifts, grants,\nrevenues, receipts and other moneys received or to be received, pledged\nto pay or secure the payment of such bonds or notes, shall at all times\nbe free from taxation, except for estate and gift taxes and taxes on\ntransfers.\n
N.Y. ENV Law § 11-1311 — New York Code / Act ENV / Article 11 / Title 13 / Section 11-1311
Fishing in waters impounded by dams constructed for power purposes
Status: in_force

§ 11-1311. Fishing in waters impounded by dams constructed for power\n             purposes.\n  The waters impounded by any dam hereafter constructed for power\npurposes on any stream or waterway in the state, and impressed with a\npublic interest pursuant to section 15-1713 of this chapter, shall be\nopen to the public to fish thereon, when authorized by other applicable\nprovisions of this chapter, subject to the following conditions and\nlimitations:\n  a. Such fishing must be conducted in accordance with rules and\nregulations of the commissioner in agreement with the person,\nassociation or corporation proposing to construct the dam.\n  b. Such rules and regulations must provide, among other things, that\nfishing upon any such waters shall be conducted in such a manner as not\nto interfere injuriously with the operation and maintenance of the dam\nor of any manufacturing plant operated by power generated therefrom.\n  c. Damages sustained by a person while fishing or in connection\ntherewith shall not constitute a claim either against the state or the\nperson, association or corporation owning the dam or his or its lessee\nor other assignee in interest.\n  d. The commissioner, of his own motion or upon application, after a\npublic hearing held pursuant to notice, shall have power, in his\ndiscretion, to exempt from the provisions of this section, the waters\nimpounded by any dam hereafter constructed for power purposes. Notice of\nsuch a hearing shall be posted at least ten days before the hearing in\nfive conspicuous places in the locality where the dam is to be\nconstructed.\n  e. Rules and regulations of the commissioner, so far as practicable,\nshall be uniform, but may vary in different localities of the state.\n  f.  Warning notices or signboards not less than one foot square shall\nbe conspicuously posted not more than forty rods apart close to and\nalong the entire boundary of such impounded waters. Posting of such\nnotices shall be sufficient provided that illegal and destroyed signs be\nreplaced once a year during the months of March, July, August or\nSeptember. Warning notices shall contain such information as the\ncommissioner by rule or regulation may prescribe.\n
N.Y. PBA Law § 2041-R — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-R
Limited liability
Status: in_force

§ 2041-r. Limited liability. Neither the members of the governing\nbody, nor any municipality, officer, or employee acting in its behalf,\nwhile acting within the scope of his or her authority, shall be subject\nto any personal liability resulting from the construction, maintenance\nor operation of any of the properties of the authority or from carrying\nout any of the powers expressly given in this title provided, however,\nthat this shall not be held to apply to any independent contractor.\n
N.Y. PBA Law § 2041-M — New York Code / Act PBA / Article 8 / Title 13-AA / Section 2041-M
Exemption from taxes, assessments and certain fees
Status: in_force

§ 2041-m. Exemption from taxes, assessments and certain fees. 1. It is\nhereby determined that the creation of the authority and the carrying\nout of its corporate purposes is in all respects for the benefit of the\npeople of the participating counties and the state and is a public\npurpose and the authority shall be regarded as performing a governmental\nfunction in the exercise of the powers conferred upon it by this title\nand shall not be required to pay any taxes or assessments upon any\nproperty acquired or owned by it or under its jurisdiction, control or\nsupervision or upon its activities, income and operations, or any\nfiling, recording or transfer fees or taxes in relation to instruments\nfiled, recorded or transferred by it or on its behalf. The construction,\nuse, occupation or possession of any property owned by the authority or\nany participating county, including improvements thereon, by any person\nor public corporation under a lease, lease and sublease or any other\nagreement shall not operate to abrogate or limit the foregoing\nexemption, notwithstanding that the lessee, user, occupant or person in\npossession shall claim ownership for federal income tax purposes.\nMortgages made or financed, directly or indirectly, by the authority\nshall be exempt from the mortgage recording taxes imposed by article\neleven of the tax law. The authority shall be deemed a public authority\nfor the purposes of section four hundred twelve of the real property tax\nlaw.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom as well as the property of the authority shall be exempt from\ntaxes, except for estate or gift taxes on such bonds and taxes on\ntransfers. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title, in consideration of the acceptance of any\npayment for the bonds of the authority issued pursuant to this title and\nthe income therefrom and all revenues, moneys, and other property\npledged to secure the payment of such bonds shall at all times be free\nfrom taxation, except for estate or gift taxes on such bonds and taxes\non transfers.\n
N.Y. PBA Law § 2045-S — New York Code / Act PBA / Article 8 / Title 13-B / Section 2045-S
Limited liability
Status: in_force

§ 2045-s. Limited liability. Neither the members of the governing\nbody, nor any municipality, officer or employee acting in its behalf,\nwhile acting within the scope of their authority, shall be subject to\nany personal liability resulting from the construction, maintenance or\noperation of any of the properties of the agency or from carrying out\nany of the powers expressly given in this title; provided, however, that\nthis section shall not be held to apply to any independent contractor.\n
N.Y. PBA Law § 2051-F — New York Code / Act PBA / Article 8 / Title 13-I / Section 2051-F
Governmental capacity of the authority and municipalities
Status: in_force

§ 2051-f. Governmental capacity of the authority and municipalities.\nThe county, other municipalities within the county and the authority in\ncarrying out the respective powers and duties under this title shall be\ndeemed to be acting in a governmental capacity. The construction,\noperation and maintenance of any project financed in whole or in part by\nthe authority shall be deemed to be the performance of an essential\ngovernmental function by the authority acting in its governmental\ncapacity, whether such project shall be owned or operated by the\nauthority or by any person or other public corporation.\n
N.Y. PBA Law § 2050-K — New York Code / Act PBA / Article 8 / Title 13-G / Section 2050-K
Moneys of the agency
Status: in_force

§ 2050-k. Moneys of the agency. All moneys of the agency from whatever\nsource derived shall be paid to the treasurer of the agency and shall be\ndeposited forthwith in interest-bearing accounts in a bank or banks in\nthe state designated by the governing body. The moneys in such accounts\nshall be paid out on check of the treasurer upon requisition by the\ngoverning body or of such other person or persons as the governing body\nmay authorize to make such requisitions. All deposits of such moneys\nshall be secured by obligations of the United States or of the state or\nof the county or any municipality of a market value equal at all times\nto the amount on deposit and all banks and trust companies are\nauthorized to give such security for such deposits. The agency shall\nhave power, notwithstanding the provisions of this section, to contract\nwith the holders of any bonds as to the custody, collection, security,\ninvestment and payment of any moneys of the agency or any moneys held in\ntrust or otherwise for the payment of bonds or in any way to secure\nbonds and carry out any such contract notwithstanding that such contract\nmay be inconsistent with the provisions of this section. Moneys held in\ntrust or otherwise for the payment of bonds or in any way to secure\nbonds and deposits of such moneys may be secured in the same manner as\nmoneys of the agency and all banks and trust companies are authorized to\ngive such security for such deposits. Any moneys of the agency not\nrequired for immediate use or disbursement may, at the discretion of the\nagency, be invested in those obligations specified pursuant to the\nprovisions of section ninety-eight-a of the state finance law. Subject\nto the provisions of any contract with bondholders and with the approval\nof the comptroller, the agency shall prescribe a system of accounts.\n
N.Y. PBA Law § 2047-V — New York Code / Act PBA / Article 8 / Title 13-D / Section 2047-V
Transfer of environmental applications, proceedings, approvals and permits
Status: in_force

§ 2047-v. Transfer of environmental applications, proceedings,\napprovals and permits. 1. Any application in relation to the purposes of\nor contemplated by this title heretofore filed, or any proceeding\nheretofore commenced, by the county with the state department of\nenvironmental conservation, the department of transportation or any\nother state agency or instrumentality or with the United States\nenvironmental protection agency or any other federal agency or\ninstrumentality shall inure to and for the benefit of the agency to the\nsame extent and in the same manner as if the agency had been a party to\nsuch application or proceeding from its inception, and the agency shall\nbe deemed a party thereto, to the extent not prohibited by any federal\nlaw. Any license, approval, permit or decision heretofore or hereafter\nissued or granted pursuant to or as a result of any such application or\nproceeding shall inure to the benefit of and be binding upon the agency\nand shall be assigned and transferred by the county to the agency,\nunless such assignment and transfer is prohibited by federal law.\n  2. All such applications, proceedings, licenses, approvals, permits\nand decisions shall further inure to and for the benefit of and be\nbinding upon any person leasing, acquiring, constructing, maintaining,\nusing or occupying any facility financed in whole or in part by the\nagency.\n
N.Y. PBA Law § 2053-X — New York Code / Act PBA / Article 8 / Title 13-M / Section 2053-X
Environmental applications, proceedings, approvals and permits
Status: in_force

§ 2053-x. Environmental applications, proceedings, approvals and\npermits. 1. Any application in relation to the purposes of or\ncontemplated by this title, or any proceeding commenced in relation\nthereto, by the county with the state department of environmental\nconservation, the department of transportation or any other state agency\nor instrumentality shall inure to and for the benefit of the authority\nto the same extent and in the same manner as if the authority had been a\nparty to such application or proceeding, and the authority shall be\ndeemed a party thereto, to the extent not prohibited by any federal law.\nAny license, approval, permit or decision issued or granted pursuant to\nor as a result of any such application or proceeding shall inure to the\nbenefit of and be binding upon the authority and shall be assigned and\ntransferred by the county to the authority unless such assignment and\ntransfer is prohibited by federal law.\n  2. All such applications, proceedings, licenses, approvals, permits\nand decisions shall further inure to and be for the benefit of and be\nbinding upon any person leasing, acquiring, constructing, maintaining,\nusing or occupying any facility financed in whole or in part by the\nauthority.\n
N.Y. PBA Law § 2050-AA — New York Code / Act PBA / Article 8 / Title 13-H / Section 2050-AA
Short title
Status: in_force

§ 2050-aa. Short title. This title shall be known and may be cited as\nthe "Eastern Rensselaer County solid waste management authority act".\n