N.Y. ENV Law § 15-1727 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1727
Maintenance of project works
Status: in_force

§ 15-1727. Maintenance of project works.\n  1. The licensee shall at all times maintain the project works in good\nrepair and in efficient working order; shall promptly make all necessary\nrenewals and replacements, including such necessary renewals or\nreplacements as may, after a hearing, be directed by the department for\nthis purpose, and shall establish and maintain adequate reserves\ntherefor.\n  2. The department may at any time institute an investigation or hold a\nhearing, or both, with respect to the compliance by the licensee with\nthe requirements of this section and the adequacy of the reserves\nmaintained by it for the purposes herein specified. After such\ninvestigation or hearing, the department may issue such order or orders,\nnot inconsistent with title 17 of this article, as in its judgment will\ninsure compliance by the licensee with the provisions of title 17 of\nthis article, in respect to all matters so investigated.\n  3. The licensee shall promptly conform to and comply with such\ndirections, orders, rules or regulations as the department may make from\ntime to time in the interests of navigation, or for the protection of\nlife, health or property or other lawful purposes. He shall likewise\npromptly conform to and comply with such lawful rules and regulations as\nmay from time to time be prescribed by the federal government, its duly\nauthorized officers or agents relating to the navigation of the waters\ncovered by the license.\n
N.Y. ENV Law § 17-1705 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1705
Discharge of sewage into Wallkill Creek prohibited
Status: in_force

* § 17-1705. Discharge of sewage into Wallkill Creek prohibited.\n  No person or corporation shall permit the discharge or escape of any\nsewage, or other matter deleterious to public health, or destructive to\nfish, or throw or cast any dead animal, carrion or offal, or other\nputrid or offensive matter into the waters of the Wallkill creek, in the\ncounties of Ulster and Orange.\n  * NB Expired September 1, 1973\n
N.Y. PBA Law § 2406 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2406
Bonds and notes of the agency
Status: in_force

§ 2406. Bonds and notes of the agency. (1) Subject to the approval of\nthe New York public authorities control board in accordance with the\nprovisions of chapter thirty-nine of the laws of nineteen hundred\nseventy-six, as amended and subject to the provisions of section two\nthousand four hundred seven of this title, the agency shall have the\npower and is hereby authorized from time to time to issue its negotiable\nbonds and notes in conformity with applicable provisions of the uniform\ncommercial code in such principal amounts as, in the opinion of the\nagency, shall be necessary to provide sufficient funds for achieving the\ncorporate purposes thereof, including the purchase of mortgages from\nbanks, the payment of interest on bonds and notes of the agency,\nestablishment of reserves to secure such bonds and notes, the transfer\nof money to the state as described in subdivision twenty-seven of\nsection twenty-four hundred four of this chapter, and all other\nexpenditures of the agency incident to and necessary or convenient to\ncarry out its corporate purposes and powers, except the operating\nexpenses of the agency.\n  (2) Except as may otherwise be expressly provided by the agency, all\nbonds and notes issued by the agency shall be general obligations of the\nagency, secured by the full faith and credit of the agency and payable\nout of any moneys, assets, or revenues of the agency, subject only to\nany agreement with bondholders or noteholders pledging any particular\nmoneys, assets or revenues.\n  (3) Bonds and notes shall be authorized by a resolution or resolutions\nof the agency adopted as provided by this title; provided, however, that\nany such resolution authorizing the issuance of bonds or notes may\ndelegate to an officer of the agency the power to issue such bonds or\nnotes from time to time and to fix the details of any such issues of\nbonds or notes by an appropriate certificate of such authorized officer.\n  (4) Such bonds or notes shall bear such date or dates, shall mature at\nsuch time or times, shall bear interest at such rate or rates, shall be\nof such denominations, shall be in such form, carry such registration\nprivileges, be executed in such manner, be payable in lawful money of\nthe United States of America at such place or places within or without\nthe state, be subject to such terms of redemption prior to maturity as\nmay be provided by such resolution or resolutions or such certificate\nwith respect to such bonds or notes, as the case may be; provided,\nhowever, that the maximum maturity of bonds shall not exceed forty years\nfrom the date thereof and the maximum maturity of notes or any renewals\nthereof shall not exceed seven years from the date of the original issue\nof such notes.\n  (5) Any bonds or notes of the agency may be sold at such price or\nprices, at public or private sale, in such manner and from time to time\nas may be determined by the agency, and the agency may pay all expenses,\npremiums and commissions which it may deem necessary or advantageous in\nconnection with the issuance and sale thereof. No bonds or notes of the\nagency may be sold at private sale, however, unless such sale and the\nterms thereof have been approved in writing by (a) the comptroller if\nsuch sale is not to the comptroller and the comptroller is not then\nserving as a director of the agency, or (b) the state director of the\nbudget, if such sale is to the comptroller or the comptroller is then\nserving as a director of the agency.\n  (6) The agency is authorized to provide for the issuance of its bonds\nor notes (including bonds, notes or other obligations the interest on\nwhich is includable under the United States Internal Revenue Code of\nnineteen hundred eighty-six, as amended, or any subsequent corresponding\ninternal revenue law of the United States, in the gross income of the\nholders of the bonds to the same extent and in the same manner that the\ninterest on bills, bonds, notes or other obligations of the United\nStates is includable in the gross income of the holders thereof under\nsaid Internal Revenue Code or any such subsequent law) for the purpose\nof refunding any bonds or notes of the agency then outstanding,\nincluding the payment of any redemption premiums thereon and any\ninterest accrued or to accrue to the redemption date next succeeding the\ndate of delivery of such refunding bonds or notes. The proceeds of any\nsuch bonds or notes issued for the purpose of so refunding outstanding\nbonds or notes shall be forthwith applied to the purchase or retirement\nof such outstanding bonds or notes or the redemption of such outstanding\nbonds or notes on the redemption date next succeeding the date of\ndelivery of such refunding bonds or notes and may, pending such\napplication, be placed in escrow to be applied to such purchase or\nretirement or redemption on such date. Any such escrowed proceeds,\npending such use, may be invested and reinvested in obligations of or\nguaranteed by the state or the United States of America, or in\ncertificates of deposit or time deposits secured in such manner as the\nagency shall determine, or in obligations of any agency of the state or\nthe United States of America which may from time to time be legally\npurchased by savings banks within the state as an investment of funds\nbelonging to them or in their control, or in obligations of the Federal\nNational Mortgage Association, maturing at such time or times as shall\nbe appropriate to assure the prompt payment, as to principal, interest\nand redemption premium, if any, on the outstanding bonds or notes to be\nso refunded by purchase, retirement or redemption, as the case may be.\nThe interest, income and profits, if any, earned or realized on any such\ninvestment may also be applied to the payment of the outstanding bonds\nor notes to be so refunded by purchase, retirement or redemption, as the\ncase may be. After the terms of the escrow have been fully satisfied and\ncarried out, any balance of such proceeds and interest, if any, earned\nor realized on the investments thereof may be returned to the agency for\nuse by it in any lawful manner. All such bonds or notes shall be issued\nand secured and shall be subject to the provisions of this title in the\nsame manner and to the same extent as any other bonds or notes issued\npursuant to this title.\n  (7) Whether or not the bonds and notes are of such form and character\nas to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds and notes are hereby made negotiable\ninstruments within the meaning of and for all the purposes of the\nuniform commercial code, subject only to the provisions of the bonds and\nnotes for registration.\n  (8) Subject only to the provisions of sections two thousand four\nhundred seven and two thousand four hundred eight of this title, any\nresolution or resolutions authorizing any bonds or notes of the agency\nmay contain provisions which may be a part of the contract with the\nholders of such bonds or notes, as to: (a) pledging or creating a lien,\nto the extent provided by such resolution or resolutions, on all or any\npart of any monies or property of the agency or of any moneys held in\ntrust or otherwise by others for the payment of such bonds or notes; (b)\notherwise providing for the custody, collection, securing, investment\nand payment of any moneys of the agency; (c) the setting aside of\nreserves or sinking funds and the regulation or disposition thereof; (d)\nlimitations on the purpose to which the proceeds of sale of any issue of\nsuch bonds or notes then or thereafter to be issued may be applied; (e)\nlimitations on the issuance of additional bonds or notes, the terms upon\nwhich additional bonds or notes may be issued and secured, and upon the\nrefunding of outstanding or other bonds or notes; (f) the procedure, if\nany, by which the terms of any contract with the holders of bonds or\nnotes may be amended or abrogated, the amount of bonds or notes the\nholders of which must consent thereto and the manner in which such\nconsent may be given; (g) the creation of special funds into which any\nmoneys of the agency may be deposited; (h) vesting in a trustee or\ntrustees such properties, rights, powers and duties in trust as the\nagency may determine, which may include any or all of the rights, powers\nand duties of the trustee appointed pursuant to section two thousand\nfour hundred nine of this title, and limiting or abrogating the right of\nthe holders of bonds or notes to appoint a trustee under such section or\nlimiting the rights, duties and powers of such trustee; (i) defining the\nacts or omissions to act which shall constitute a default in the\nobligations and duties of the agency and providing for the rights and\nremedies of the holders of bonds or notes in the event of such default,\nproviding, however, that such rights and remedies shall not be\ninconsistent with the general laws of this state and other provisions of\nthis title; and (j) any other matters of like or different character,\nwhich in any way affect the security and protection of the bonds or\nnotes and the rights of the holders thereof.\n  (9) Any resolution or resolutions or trust indenture or indentures\nunder which bonds or notes of the agency are authorized to be issued may\ncontain provisions for vesting in a trustee or trustees such properties,\nrights, powers and duties in trust as the agency may determine which may\ninclude any or all of the rights, powers and duties of the trustee\nappointed by the holders of any issue of notes or bonds pursuant to\nsection two thousand four hundred nine of this title, in which event the\nprovisions of said section two thousand four hundred nine authorizing\nthe appointment of a trustee by such holders of bonds or notes shall not\napply.\n  (10) It is the intention of the legislature that any pledge of\nmortgages, housing loans, property, earnings, revenues or other moneys\nmade by the agency shall be valid and binding from the time when the\npledge is made; that the mortgages, housing loans, property, earnings,\nrevenues or other moneys so pledged and thereafter received by the\nagency or its agent, including a servicing bank shall immediately be\nsubject to the lien of such pledge without any physical delivery thereof\nor further act, and that the lien of any such pledge shall be valid and\nbinding as against all parties having claims of any kind in tort,\ncontract or otherwise against the agency or its agent, including a\nservicing bank irrespective of whether such parties have notice thereof.\nNeither the resolution nor any other instrument by which a pledge is\ncreated need be recorded.\n  (11) Neither the members of the agency nor any person executing the\nbonds or other obligations shall be liable personally on the bonds or\nother obligations or be subject to any personal liability or\naccountability by reason of the issuance thereof.\n
N.Y. ENV Law § 17-1727 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1727
Permission to discharge refuse or waste matter from industrial establishments
Status: in_force

* §  17-1727. Permission to discharge refuse or waste matter from\n                industrial establishments.\n  1. Upon application duly made to the commissioner by the proprietor,\nlessee or tenant of any shop, factory, mill or industrial establishment\nfrom which the discharge of refuse or waste matter into any of the\nwaters of the state is otherwise prohibited by section 17-1701, the\ncommissioner shall have power to consider the case of the said shop,\nfactory, mill or industrial establishment, and whenever the public\nhealth and purity of the waters shall warrant it, he shall issue a\npermit for the discharge of refuse or waste matter from such shop,\nfactory, mill or industrial establishment into any of the waters of the\nstate, and may stipulate in the permit such modification, regulations\nand conditions as the public health may require.\n  2. Such permit before being operative shall be recorded in the county\nclerk's office of the county where such shop, factory, mill or\nindustrial establishment is located and a copy of such permit shall be\ntransmitted by the commissioner to the board of health of the\nmunicipality wherein the outlet discharging refuse or waste matter from\nsuch shop, factory, mill or industrial establishment shall be located.\n  * NB Expired September 1, 1973\n
N.Y. ENV Law § 17-1725 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1725
Permission to discharge sewage
Status: in_force

* § 17-1725. Permission to discharge sewage.\n  1. Upon application duly made to the commissioner by the public\nauthorities having by law the charge of the sewer system of any\nmunicipality, the commissioner shall have power to consider the case of\na sewer system otherwise prohibited by section 17-1701 from discharging\nsewage into any of the waters of the state, and whenever in his opinion\nthe general interests of the public health would not be endangered\nthereby he may issue a permit for the discharge of sewage from any such\nsewer system into any of the waters of the state, and may stipulate in\nthe permit, modification, regulations and conditions on which such\ndischarge may be permitted.\n  2. Such application must be made in a form required by the\ncommissioner. The plans for the construction of any sewer system or\nsewage disposal plant for the extension, reconstruction or modification\nof sewers, sewer systems or sewage disposal plants the permit for the\ndischarge from which is requested from the commissioner as provided in\nthis section shall be submitted to and approved by the department before\nsuch permit becomes effective.\n  3. Such permit before being operative shall be recorded in the county\nclerk's office of the county wherein the outlet of the said sewer system\nis located, and a copy of the permit shall be transmitted by the\ncommissioner to the board of health of the municipality wherein the\noutlet of said sewer system is located.\n  * NB Expired September 1, 1973\n
N.Y. PBA Law § 2429-B — New York Code / Act PBA / Article 8 / Title 17 / Part 2 / Section 2429-B
Mortgage insurance fund
Status: in_force

§ 2429-b. Mortgage insurance fund. * 1. (a) The agency shall create\nand establish a mortgage insurance fund. Within such fund, the agency\nshall establish: (i) a special account, which shall be divided into\nsub-accounts for each region as defined in subdivision nine of section\ntwenty-four hundred twenty-six of this title; (ii) a single family pool\ninsurance account; (iii) a project pool insurance account; and (iv) a\ndevelopment corporation credit support account. The single family pool\ninsurance account shall be used for all business relating to the\ninsurance of mortgages on properties with one to four dwelling units,\nthe project pool insurance account shall be used for all business\nrelating to the insurance of mortgages on properties other than those\nwith one to four dwelling units, and the development corporation credit\nsupport account shall be used for all business relating to development\ncorporation credit support. Separate sub-accounts may be established\nwithin the special account, the pool insurance accounts, and the\ndevelopment corporation credit support account as deemed appropriate by\nthe agency.\n  (b) (i) The mortgage insurance fund shall be used as a revolving fund\nfor carrying out the provisions of this title with respect to mortgages\ninsured and development corporation credit support, provided thereunder.\n(ii) The agency shall pay into such fund all moneys which may be made\navailable to the agency for the purposes of such fund from any source,\nincluding but not limited to the moneys received from recording officers\npursuant to the provisions of subdivision two of section two hundred\nsixty-one of the tax law. The agency shall credit the amount of moneys\nreceived from the recording officer of each county, pursuant to\nsubdivision two of section two hundred sixty-one of the tax law, to the\nspecial account. In any fiscal year, no more than fifty per centum of\nthe amount received from the recording officers during the consecutive\ntwelve month period ending on the preceding March thirty-first may be\nused by the agency for the purpose of insuring mortgages on property\nlocated in any one region pursuant to section two thousand four hundred\ntwenty-eight of this part, provided, however, that this provision shall\nnot include or be applied to pool insurance of mortgage loans purchased\nby the agency. The agency shall credit any other moneys which may be\nmade available to the agency for the purposes of such fund from any\nother source to the special account, the single family pool insurance\naccount, the project pool insurance account, or the development\ncorporation credit support account, as appropriate. Any income or\ninterest earned by, or increment to, the mortgage insurance fund due to\nthe investment thereof shall be credited to the special account, the\napplicable pool insurance account, or the development corporation credit\nsupport account, as appropriate.\n  (c) The agency may credit from the special account to the single\nfamily pool insurance account, to the project pool insurance account and\nto the development corporation credit support account such moneys as are\nrequired to satisfy the mortgage insurance fund requirement of such\naccounts, except that during any twelve-month period ending on March\nthirty-first the aggregate amount credited to the development\ncorporation credit support account (excluding amounts described in the\nlast sentence of paragraph (b) of this subdivision) shall not exceed the\nlesser of (i) fifty million dollars or (ii) the aggregate of the amounts\nrequired under the contracts executed by the agency to provide\ndevelopment corporation support.\n  (d) Moneys, investments and cash equivalents of the special account,\nthe single family pool insurance account, the project pool insurance\naccount and the development corporation credit support account shall be\nkept separate and shall not be commingled with each other or with any\nother accounts which may be established from time to time, except as\notherwise authorized by this section.\n  (e) Moneys, investments and cash equivalents of the pool insurance\naccounts and the development corporation credit support account shall be\nexcluded from the excess balance calculation set forth in subdivision\ntwo of this section. However, if at any time the moneys, investments and\ncash equivalents (valued as determined by the agency) of either pool\ninsurance account or the development corporation credit support account\nexceed the amount necessary to attain and maintain the credit rating or,\nwith respect to development corporation credit support, credit\nworthiness (as determined by the agency) required to accomplish the\npurposes of such account the agency shall transfer such excess to the\nspecial account and such excess shall be included in the excess balance\ncalculation.\n  * NB Effective until July 23, 2027\n  * 1. The agency shall create and establish a mortgage insurance fund.\nWithin such fund, the agency shall establish a special account, which\nshall be divided into sub-accounts for each region as defined in\nsubdivision nine of section twenty-four hundred twenty-six of this part\nand a development corporation credit support account. The development\ncorporation credit support account shall be used for all business\nrelated to development corporation credit support. Separate sub-accounts\nmay be established within the development corporation credit support\naccount as deemed appropriate by the agency. The mortgage insurance fund\nshall be used as a revolving fund for carrying out the provisions of\nthis title with respect to mortgages insured and development corporation\nsupport provided thereunder. The agency shall pay into such fund all\nmoneys which may be made available to the agency for the purposes of\nsuch fund from any source, including but not limited to the moneys\nreceived from recording officers pursuant to the provisions of\nsubdivision two of section two hundred sixty-one of the tax law. The\nagency shall credit the amount of moneys received from the recording\nofficer of each county, pursuant to subdivision two of section two\nhundred sixty-one of the tax law, to the special account. In any\ncalendar year, no more than fifty per centum of the amount received from\nthe recording officers and credited to the special account during the\nconsecutive twelve month period ending on the preceding December\nthirty-first may be used by the agency for the purpose of insuring\nmortgages on property located in any one region pursuant to section two\nthousand four hundred twenty-eight of this part. The agency shall credit\nany other moneys which may be made available to the agency for the\npurposes of such fund from any other source to the special account or\nthe development corporation credit support account, as appropriate. Any\nincome or interest earned by, or increment to, the mortgage insurance\nfund due to the investment thereof shall be credited to the special\naccount or the development corporation credit account, as appropriate.\n  * NB Effective July 23, 2027\n  * 1-a. All moneys held in the mortgage insurance fund, except as\nhereinafter provided, shall be used, as required, solely for the payment\nof the agency's liabilities arising from mortgages insured as provided\nin section twenty-four hundred twenty-nine-a of this part and from the\nprovision of development corporation credit support as provided in\nsection twenty-four hundred twenty-eight-a of this part; provided,\nhowever, that no moneys shall be withdrawn from any account at any time\nin such amount as would reduce the amount of, as applicable, the special\naccount, either pool insurance account or the development corporation\ncredit support account to less than its applicable mortgage insurance\nfund requirement, except for the purpose of paying such liabilities as\nthe same become due and for the payment of which other moneys of the\nagency are not available. All payments pursuant to section twenty-four\nhundred twenty-nine-a of this part, and expenses attributable thereto\nshall be debited to the special account or the single family pool\ninsurance account or the project pool insurance account or the\ndevelopment corporation credit support account, as appropriate, within\nthe mortgage insurance fund. All other operating expenses of the agency\nwith respect to insurance of mortgages and providing development\ncorporation credit support shall be debited to the special account, the\nsingle family pool insurance account, the project pool insurance account\nor the development corporation credit support account within the\nmortgage insurance fund, as appropriate.\n  * NB Effective until July 23, 2027\n  * 1-a. All moneys held in the mortgage insurance fund, except as\nhereinafter provided, shall be used, as required, solely for the payment\nof the agency's liabilities arising from mortgages insured as provided\nin section twenty-four hundred twenty-nine-a of this part and from the\nprovision of development corporation credit support as provided in\nsection twenty-four hundred twenty-eight-a of this part; provided,\nhowever, that no moneys shall be withdrawn from any account at any time\nin such amount as would reduce the amount of, as applicable, the special\naccount or the development corporation credit support account to less\nthan its applicable mortgage insurance fund requirement, except for the\npurpose of paying such liabilities as the same become due and for the\npayment of which other moneys of the agency are not available. All\npayments pursuant to section twenty-four hundred twenty-nine-a of this\npart, and expenses attributable thereto shall be debited to the special\naccount or the development corporation credit support account within the\nmortgage insurance fund. All other operating expenses of the agency with\nrespect to insurance of mortgages and providing development corporation\ncredit support shall be debited to the special account or the\ndevelopment corporation credit support account within the mortgage\ninsurance fund, as appropriate.\n  * NB Effective July 23, 2027\n  2. On or before March twentieth in each year, the board of directors\nof the agency shall determine the amount estimated to be received by the\nagency from the additional tax imposed pursuant to subdivision one-a of\nsection two hundred fifty-three of the tax law and deposited in the\nmortgage insurance fund and credited to the special account plus any\nother monies deposited in such account plus the amount of reserves\navailable in such special account with respect to mortgage loans that\nwere previously insured in accordance with section twenty-four hundred\ntwenty-eight or development corporation credit support previously\nprovided pursuant to section twenty-four hundred twenty-eight-a of this\npart under contracts or commitments that have been satisfied or\ncancelled, pursuant to subdivision one of this section, except charges\nand fees levied by the agency pursuant to section twenty-four hundred\ntwenty-nine-c of this part, which shall be added in the computation only\nwhen such a commitment is cancelled or expires or when the insurance or\ncontractual arrangement to provide development corporation credit\nsupport applied for is declared effective. Such determination made on or\nbefore March twentieth in each year shall be made for the consecutive\ntwelve-month period ending on the subsequent March thirty-first. The\nboard shall then determine the estimated excess balance, if any, in such\nspecial account by determining the amount by which such credits exceed\ntwenty per centum, or such other per centums or amounts as may have been\nestablished by the board of directors of the agency pursuant to\nsubdivision seven of section twenty-four hundred twenty-eight of this\npart, of the amounts insured or committed to be insured and the amounts\nof development corporation credit support established by the board of\ndirectors of the agency pursuant to section twenty-four hundred\ntwenty-eight-a of this part to be provided during such twelve-month\nperiod plus any payments by the agency during such twelve-month period\non account of a mortgage or development corporation credit support\ncontract entered into during such twelve-month period ending on such\nMarch thirty-first, plus the operating expenses of the agency during\nsuch twelve-month period with respect to insurance of mortgages or\nprovision of development corporation credit support, which amount may\nnot exceed an amount determined and certified by the director of the\nbudget, with notification to the chairman of the senate finance\ncommittee and chairman of the assembly ways and means committee. On or\nbefore May fifteenth, the board shall determine any adjustment to the\nestimated excess balance necessary to reflect the variance, if any,\nbetween such estimated excess balance and the actual excess balance\ncomputed as of March thirty-first, and shall certify such adjustment to\nthe director of the budget. The agency shall include such adjustment in\nthe estimated excess balance determination for the following fiscal\nyear, unless otherwise instructed by the director of the budget. The\nagency shall submit to the director of the budget an estimate of such\noperating expenses on or before the tenth business day in March of each\nyear and the director of the budget shall make such certification before\nMarch twentieth of each year.\n  Upon making the determination of the estimated excess balance, the\nagency shall certify such determination to the director of the budget,\nthe chairmen of the senate finance committee and the assembly ways and\nmeans committee, and the comptroller. Payment of such actual or\nestimated excess balance shall be made within ninety days after March\ntwentieth. The agency shall, at the direction of the director of the\nbudget, pay such estimated or actual excess balance, if any, from the\nspecial account to the comptroller for deposit to the state general\nfund; provided, however, that if the aggregate amount in the special\naccount as of such date is less than the mortgage insurance fund\nrequirement, the agency shall retain all or that portion of any such\nestimated or actual excess balance in such special account necessary to\nincrease the aggregate amount in such special account to the mortgage\ninsurance fund requirement. The director of the budget shall notify the\nchairmen of the senate finance committee and the assembly ways and means\ncommittee ten days prior to the issuance of the directive in respect to\nthe payment of the estimated or actual excess balance to the general\nfund.\n  Further provided, however, that the budget to be submitted to the\nlegislature by the governor pursuant to article seven of the\nconstitution shall separately state the amount of such estimated or\nactual excess balance determined as hereinabove prescribed, if any,\nwhich shall be included in the monies and revenues estimated to be\navailable during the current and ensuing fiscal years, respectively.\n  3. The moneys in such fund shall be deposited in one or more banks or\ntrust companies designated in the manner provided by law, as\ndepositories of the funds of the state. The agency may invest the moneys\nin such fund in obligations specified in subdivision four of this\nsection. Any interest earned or capital gain realized on the money so\ndeposited or invested shall accrue to and become part of such fund. The\nseparate identity of such fund shall be maintained whether its assets\nconsist of cash or investments or both.\n  4. Moneys in such fund may be invested (a) in special time deposit\naccounts in, or certificates of deposit issued by, a bank, trust\ncompany, savings bank or savings and loan association located and\nauthorized to do business in this state, provided, however, that such\ntime deposit account or certificate of deposit shall be payable within\nsuch time as the proceeds may be needed to meet expenditures estimated\nto be incurred by the agency and provided further that such time deposit\naccount or certificate of deposit be secured by a pledge of obligations\nof the United States of America or obligations of the state, any city of\nthe state, or other municipal corporation, school district or district\ncorporation of the state or obligations of agencies of the federal\ngovernment; or (b) in obligations of the United States of America or the\nstate which may from time to time be legally purchased by savings banks\nwithin the state as an investment of funds belonging to them or in their\ncontrol, or in obligations of the Federal National Mortgage Association,\nor (c) in Government National Mortgage Association mortgage backed\nsecurities, provided such obligations shall be payable or redeemable at\nthe option of the owner within such times as the proceeds may be needed\nto meet expenditures estimated to be incurred by the agency.\n  5. In computing the amount of the mortgage insurance fund for the\npurposes of this section, securities in which all or a portion of such\nfund shall be invested shall be valued at par if purchased at par, or if\npurchased at other than par, at amortized value. Amortized value, when\nused with respect to securities purchased at a premium above or a\ndiscount below par, shall mean the value as of any given date obtained\nby dividing the total premiums or discount at which such securities were\npurchased by the number of interest payments remaining to maturity on\nsuch securities after such purchase and by multiplying the amount so\ncalculated by the number of interest payment dates having passed since\nthe date of such purchase; and (i) in the case of securities purchased\nat a premium by deducting the product thus obtained from the purchase\nprice, and (ii) in the case of securities purchased at a discount by\nadding the product thus obtained to the purchase price.\n  6. The agency may create and establish such other fund or funds as may\nbe necessary or desirable for the carrying out of its corporate\npurposes.\n
N.Y. ENV Law § 9-1710 — New York Code / Act ENV / Article 9 / Title 17 / Section 9-1710
Aquatic invasive species; spread prevention
Status: in_force

§ 9-1710. Aquatic invasive species; spread prevention.\n  1. For purposes of this section:\n  (a) "Watercraft" shall mean every motorized or non-motorized boat or\nvehicle capable of being used or operated as a means of transportation\nor recreation in or on water.\n  (b) "Launch" shall mean to place a watercraft or floating dock into a\npublic waterbody or any inlet or outlet to such waterbody for any\npurpose, including by trailer or other device or carrying by hand a\nwatercraft into the waterbody.\n  2. No person shall launch a watercraft or floating dock unless it can\nbe demonstrated that reasonable precautions such as removal of any\nvisible plant or animal matter, washing, draining or drying as defined\nby the department pursuant to rules and regulations, have been taken.\n  3. The department may create and maintain a self-issuing certification\ndesigned for a person to demonstrate that reasonable precautions have\nbeen taken prior to launching a watercraft.\n  4. The department shall conduct education and outreach efforts\nincluding, but not limited to the following:\n  (a) establish and maintain a public website for the dissemination of\neducational materials to promote cleaning, draining and drying of\nwatercrafts;\n  (b) develop and distribute educational materials including, but not\nlimited to, the most effective methods to prevent the spread of aquatic\ninvasive species, and the potential for live wells and other interior\nwater compartments to carry all stages of aquatic invasive species\nincluding those that are small-bodied and microscopic; and\n  (c) include boat washing education in approved boating safety courses.\n
N.Y. ENV Law § 11-1723 — New York Code / Act ENV / Article 11 / Title 17 / Section 11-1723
Sale of game and trout; transportation within the state
Status: in_force

§ 11-1723. Sale of game and trout; transportation within the state.\n  1. a. Except as provided in paragraph b, game and trout required by\nsection 11-1721 of this title to be identified, may be possessed, bought\nand sold, and subject to section 11-1725 of this title may be\ntransported within and from within to without the state by any means.\n  b. No domestic duck, goose, brant or swan killed by shooting shall be\nbought or sold unless marked in accordance with requirements set forth\nin rules and regulations established by the department of the interior\npursuant to 50 C.F.R. 21 as may be amended from time to time. Such\ninformation shall be provided by department press release and any other\nmeans that the department determines to be appropriate and effective,\nincluding posting on the department's public website.\n  2. No person shall sell or offer for sale any such game or trout\nunless it is so identified.\n
N.Y. ENV Law § 17-1709 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1709
Discharge of sewage and other offensive matter into Lake George and Skaneateles lake prohibited
Status: in_force

§ 17-1709. Discharge of sewage and other offensive matter into Lake\n             George and Skaneateles lake prohibited.\n  1. No person or corporation shall cause or permit the fall, flow or\ndischarge into Lake George or Skaneateles lake or any of their\ntributaries, of any sewage matter, or other foul, noxious or\ndeleterious, solid or liquid matter or effluent from any sewage disposal\nplant, or any matter that may be declared such by the board of health of\nany municipality adjacent to such lakes where any such fall, flow or\ndischarge shall occur.\n  2. The board of health of any such municipality shall examine into any\nalleged offense against this section within its jurisdiction and cause\nthe same to be abated, by injunction or otherwise, if found to exist.\n  3. The discharge of sewage or treated sewage effluent into the\ndrainage basin of Lake George is hereby prohibited except as follows:\n  (a) Subsurface sewage disposal facilities with a design capacity of\none thousand gallons per day or less are permitted to discharge within\nthe basin provided said facilities are designed, constructed, operated\nand maintained in accordance with all applicable laws, regulations and\npermits issued pursuant thereto.\n  (b) Subsurface sewage disposal facilities with a design capacity of\ngreater than one thousand gallons per day are permitted to discharge\nwithin the basin provided that such facilities:\n  (i) discharge treated sewage effluent to land or groundwater;\n  (ii) are designed to meet best technology available;\n  (iii) are in compliance with a valid state pollutant discharge\nelimination system (SPDES) permit;\n  (iv) are designed to meet existing needs only; and\n  (v) are designed, operated and maintained in accordance with\napplicable laws and regulations.\n  (c) The commissioner shall prepare a technical manual describing the\nbest technologies available for sewage disposal facilities within the\nLake George basin, which shall include, but not be limited to,\nspecifications for the design, construction, maintenance and monitoring\nof such facilities and performance standards for nutrient removal. The\ncommissioner shall complete the manual within eighteen months of the\neffective date of this subdivision and shall notice completion of the\nmanual in the state register and the environmental notice bulletin.\n
N.Y. GOB Law § 5-1702 — New York Code / Act GOB / Article 5 / Title 17 / Section 5-1702
Initial disclosure of structured settlement terms
Status: in_force

§ 5-1702. Initial disclosure of structured settlement terms. In\nnegotiating a structured settlement of claims brought by or on behalf of\na claimant who is domiciled in this state, the defendant or defendant's\nlegal representative shall disclose in writing to the claimant or the\nclaimant's legal representative all of the following information that is\nnot otherwise specified in the structured settlement agreement:\n  (a) the amounts and due dates of the periodic payments to be made\nunder the structured settlement agreement. In the case of payments that\nwill be subject to periodic percentage increases, the amounts of future\npayments may be disclosed by identifying the base payment amount, the\namount and timing of scheduled increases, and the manner in which\nincreases will be compounded;\n  (b) the amount of the premium payable to the annuity issuer;\n  (c) the nature and amount of any cost that may be deducted from any of\nthe periodic payments;\n  (d) where applicable, that any transfer of the periodic payments is\nprohibited by the terms of the structured settlement and may otherwise\nbe prohibited or restricted under applicable law; and\n  (e) a statement that the claimant is advised to obtain independent\nprofessional advice relating to the legal, tax and financial\nimplications of the settlement, including any adverse consequences and\nthat the defendant or defendant's legal representative may not refer any\nadvisor, attorney or firm for such purpose.\n
N.Y. ENV Law § 23-1701 — New York Code / Act ENV / Article 23 / Title 17 / Section 23-1701
Short title
Status: in_force

§ 23-1701. Short title.\n  This title shall be known as the "liquefied natural and petroleum gas\nact".\n
N.Y. PBA Law § 2402 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2402
Definitions
Status: in_force

§ 2402. Definitions. As used in this title, the following words and\nterms shall have the following meanings unless the context shall\nindicate another or different meaning or intent:\n  (1) "Agency". The state of New York mortgage agency, the corporate\ngovernmental agency created by section two thousand four hundred three\nof this title.\n  * (2) "Bank". Any bank or trust company, savings bank, savings and\nloan association, industrial bank, credit union, national banking\nassociation, federal savings and loan association, federal savings bank\nor federal credit union which is located in the state. The term "bank"\nshall also include a New York state licensed mortgage banker, or a\ndomestic not-for-profit corporation whose public purposes include\ncombatting community deterioration and which is an exempt organization\nas defined in paragraph (e) of subdivision one of section five hundred\nninety of the banking law, or an entity exempt from licensing provisions\nin accordance with paragraph (a) of subdivision two of such section,\nwhich in any such case is approved as a mortgage lender by the Federal\nNational Mortgage Association or by the Federal Home Loan Mortgage\nCorporation, or domestic not-for-profit corporations that are certified\nby the United States department of treasury as community development\nfinancial institutions or licensed by the New York state department of\nfinancial services.\n  * NB Effective until July 23, 2027\n  * (2) "Bank". Any bank or trust company, savings bank, savings and\nloan association, industrial bank, credit union, national banking\nassociation, federal savings and loan association or federal credit\nunion which is located in the state.\n  * NB Effective July 23, 2027\n  (3) "Bonds" and "Notes". The bonds and notes respectively issued by\nthe agency pursuant to this title.\n  (4) "Comptroller". The comptroller of the state.\n  * (5) "Mortgage". A loan owed to a bank secured by a first lien on (i)\na fee simple or leasehold estate in real property, or (ii) any other\ninstrument which shall constitute or create a security interest in\ntangible personal property constituting modular or manufactured housing,\nlocated in the state and improved by a residential structure or, on\nwhich a residential structure for use as single-family modular or\nmanufactured housing purchased and sited on land shall be constructed\nusing the proceeds of such loan, whether or not insured or guaranteed by\nthe United States of America or any agency thereof. The term "mortgage"\nshall also include a loan owed to a bank secured by a second lien on (i)\na fee simple or leasehold estate in real property, or (ii) any other\ninstrument which shall constitute or create a security interest in\ntangible personal property constituting modular or manufactured housing,\nlocated in the state and improved by a residential structure or on which\na residential structure for use as single-family modular or manufactured\nhousing purchased and sited on land shall be constructed using the\nproceeds of the related loan described in paragraph (a) or (b) of this\nsubdivision, whether or not insured or guaranteed by the United States\nof America or any agency thereof, provided, however, that such second\nlien: (a) secures a loan purchased by the agency, and (b) is made at the\nsame time as a first lien securing a loan purchased by the agency\npursuant to its programs or by a government sponsored enterprise or is\nmade at the same time as a new housing loan purchased by the agency\npursuant to section twenty-four hundred five-c of this part. The term\n"mortgage" shall also include loans made by the agency and secured by a\nsecond lien on (i) a fee simple or leasehold estate in real property, or\n(ii) any other instrument which shall constitute or create a security\ninterest in tangible personal property constituting modular or\nmanufactured housing, located in the state and improved by a residential\nstructure or on which a residential structure for use as single-family\nmodular or manufactured housing purchased and sited on land shall be\nconstructed using the proceeds of such loan, whether or not insured or\nguaranteed by the United States of America or any agency thereof,\nprovided however, that the loan made by the agency and secured by such\nsecond lien is made at the same time as a first lien securing a mortgage\nloan purchased by the agency pursuant to its programs or by a government\nsponsored enterprise. In the case of any second lien purchased or made\nhereunder, the mortgagor shall be obligated to contribute from his or\nher own verifiable funds an amount not less than such percentage as the\nagency shall determine, of the lower of the purchase price or appraised\nvalue of the property subject to the first lien. "Real property" as used\nin this subdivision shall include air rights.\n  For the purposes of this title and subdivision ten of section two\nhundred ten-B of the tax law, "mortgage" shall include housing loans as\ndefined below. Except for the purposes of subdivision seven of section\ntwenty-four hundred five and subdivision eight of section twenty-four\nhundred five-b of this part, "mortgage" shall also include a loan owed\nto a bank by an individual borrower incurred for the purpose of\nfinancing the purchase of certificates of stock or other evidence of\nownership of an interest in, and a proprietary lease from, a cooperative\nhousing corporation formed for the purpose of the cooperative ownership\nof residential real estate in the state, secured by an assignment or\ntransfer of the benefits of such cooperative ownership, and containing\nsuch terms and conditions as the agency may approve.\n  * NB Effective until July 23, 2027\n  * (5) "Mortgage". A loan owed to a bank secured by a first lien on a\nfee simple or leasehold estate in real property located in the state and\nimproved by a residential structure, whether or not insured or\nguaranteed by the United States of America or any agency thereof. The\nterm "mortgage" shall also include a loan owed to a bank secured by a\nsecond lien on a fee simple or leasehold estate in real property located\nin the state and improved by a residential structure, whether or not\ninsured or guaranteed by the United States of America or any agency\nthereof, provided, however, that such second lien: (a) secures a loan\npurchased by the agency, and (b) is made at the same time as a first\nlien securing a loan purchased by the agency pursuant to its programs or\nby a government sponsored enterprise or is made at the same time as a\nnew housing loan purchased by the agency pursuant to section twenty-four\nhundred five-c of this part. The term "mortgage" shall also include\nloans made by the agency and secured by a second lien on a fee simple or\nleasehold estate in real property located in the state and improved by a\nresidential structure, whether or not insured or guaranteed by the\nUnited States of America or any agency thereof, provided however, that\nthe loan made by the agency and secured by such second lien is made at\nthe same time as a first lien securing a mortgage loan purchased by the\nagency pursuant to its programs or by a government sponsored enterprise.\nIn the case of any second lien purchased or made hereunder, the\nmortgagor shall be obligated to contribute from his or her own\nverifiable funds an amount not less than such percentage as the agency\nshall determine, of the lower of the purchase price or appraised value\nof the property subject to the first lien. "Real property" as used in\nthis subdivision shall include air rights.\n  Except for the purposes of subdivision seven of section two thousand\nfour hundred five of this part, "mortgage" shall also include a loan\nowed to a bank by an individual borrower incurred for the purpose of\nfinancing the purchase of certificates of stock or other evidence of\nownership of an interest in, and a proprietary lease from, a cooperative\nhousing corporation formed for the purpose of the cooperative ownership\nof residential real estate in the state, secured by an assignment or\ntransfer of the benefits of such cooperative ownership, and containing\nsuch terms and conditions as the agency may approve.\n  * NB Effective July 23, 2027 until July 23, 2027\n  * (5) "Mortgage". A loan owed to a bank secured by a first lien on a\nfee simple or leasehold estate in real property located in the state and\nimproved by a residential structure, whether or not insured or\nguaranteed by the United States of America or any agency thereof. The\nterm "mortgage" shall also include a loan owed to a bank secured by a\nsecond lien on a fee simple or leasehold estate in real property located\nin the state and improved by a residential structure, whether or not\ninsured or guaranteed by the United States of America or any agency\nthereof, provided, however, that such second lien: (a) secures a loan\npurchased by the agency, and (b) is made at the same time as a first\nlien securing a loan purchased by the agency pursuant to its programs or\nis made at the same time as a new housing loan purchased by the agency\npursuant to section twenty-four hundred five-c of this part. The term\n"mortgage" shall also include loans made by the agency and secured by a\nsecond lien on a fee simple or leasehold estate in real property located\nin the state and improved by a residential structure, whether or not\ninsured or guaranteed by the United States of America or any agency\nthereof, provided however, that the loan made by the agency and secured\nby such second lien is made at the same time as a first lien securing a\nmortgage loan purchased by the agency pursuant to its programs or by a\ngovernment sponsored enterprise. In the case of any second lien, the\nmortgagor shall be obligated to contribute from his or her own\nverifiable funds an amount not less than such percentage as the agency\nshall determine, of the lower of the purchase price or appraised value\nof the property subject to the first lien. "Real property" as used in\nthis subdivision shall include air rights.\n  Except for the purposes of subdivision seven of section two thousand\nfour hundred five of this part, "mortgage" shall also include a loan\nowed to a bank by an individual borrower incurred for the purpose of\nfinancing the purchase of certificates of stock or other evidence of\nownership of an interest in, and a proprietary lease from, a cooperative\nhousing corporation formed for the purpose of the cooperative ownership\nof residential real estate in the state, secured by an assignment or\ntransfer of the benefits of such cooperative ownership, and containing\nsuch terms and conditions as the agency may approve.\n  * NB Effective July 23, 2027\n  (6) "State". The state of New York.\n  (7) "State agency". Any office, department, board, commission, bureau,\ndivision, public corporation, agency or instrumentality of the state.\n  (8) "College". Any institution of higher education recognized and\napproved as such by the regents of the university of the state which\nprovides a course of study leading to the granting of a post-secondary\ndegree or diploma.\n  (9) "Career institution". A business, trade, technical or other\noccupational school approved as such by the regents of the university of\nthe state or accredited by a nationally recognized accrediting agency or\nassociation accepted as such by the regents of the university of the\nstate.\n  (10) "Loan". A loan which the New York higher education assistance\ncorporation has guaranteed or agreed to guarantee pursuant to article\nfourteen of the education law to a person who is attending or plans to\nattend, on a full-time or part-time basis, a college or career\ninstitution, for the purpose of assisting such person to meet his\nexpenses of higher or career education; provided, however, in no event\nshall the amount of any such loan for any school year exceed the total\namount of (i) the borrower's tuition and educational fees payable to the\ncollege or career institution he is attending or is planning to attend,\nand (ii) sums actually expended or incurred for room and board during\nsuch period, reduced by the total amount of (i) all General and Special\nPurpose Awards (as provided in article thirteen of the education law),\nand (ii) all other forms of direct financial aid received by the\nborrower during such period, however denominated and from whatever\nsource (other than the borrower's family), which by its terms is not\nrepayable by the borrower.\n  * (11) "Existing mortgage". A mortgage for which funds were advanced\nprior to the date of the most recent invitation of the agency to banks\nto sell mortgages to the agency.\n  * NB Repealed July 23, 2027\n  * (12) "Forward commitment mortgage". A mortgage, which includes\nconstruction loans for single-family modular or manufactured housing\npurchased and sited on land, for which a commitment to advance funds is\nmade not earlier than the date the agency issues an invitation to\npurchase mortgages or such later date as specified in the invitation. A\nmortgage made in satisfaction of the obligation of a bank under section\ntwenty-four hundred five of this part is not a forward commitment\nmortgage.\n  * NB Repealed July 23, 2027\n  * (13) "Housing loan". A loan owed to a bank, secured in a manner\nsatisfactory to the agency, to improve, rehabilitate, reconstruct or\nredevelop one to four unit residences located in the state. The loan\nshall be insured or guaranteed by the United States of America or any\nagency thereof, or by a firm which is authorized by the superintendent\nof financial services of the state of New York to issue such policies in\nthe state.\n  * NB Repealed July 23, 2027\n  * (14) "Persons and families of low or moderate income". Persons and\nfamilies within the state who are determined by the agency to lack\nsufficient income to pay enough to cause an adequate supply of credit to\nbe made available for new residential improvement loans at carrying\ncharges within the financial means of such persons and families and\nwhose incomes are below the income levels determined by the agency to be\nin need of the assistance made available by this title, taking into\nconsideration, without limitation, such factors as the following: (i)\nthe amount of the total income of such persons and families, (ii) the\nsize of the family unit, (iii) the cost to improve, rehabilitate,\nreconstruct or redevelop residential family dwelling units, (iv) the\nability of such persons and families to pay the amounts charged in\nregular banking channels for credit for such improvement,\nrehabilitation, reconstruction, or redevelopment work, and (v) standards\nestablished by various programs of the federal government for\ndetermining eligibility based on income of such persons and families.\n  * NB Repealed July 23, 2027\n  (15) "Blending". The financing of a single mortgage loan partly with\nthe proceeds of bonds issued pursuant to subdivision one of section\ntwenty-four hundred seven of this title and partly with the proceeds of\nbonds issued pursuant to subdivision two of such section.\n  (16) "Employer". Any corporation, partnership, or sole proprietorship\nwhich maintains an office in the state.\n  * (17) "Government sponsored enterprises". Privately owned, publicly\nchartered entities, and wholly-owned corporate instrumentalities of the\nUnited States within the department of housing and urban development,\ncreated pursuant to 12 USC 1717(a)(2)(A), all created by Congress to\nencourage lending and reduce costs primarily in the housing sector of\nthe economy, and any successor entity or entities created by Congress to\ncontinue to serve said purposes.\n  * NB Repealed July 23, 2027\n
N.Y. ENV Law § 15-1711 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1711
Provisions and conditions of licenses; payment to state treasury of moneys received under this title
Status: in_force

§ 15-1711. Provisions and conditions of licenses; payment to state\n             treasury of moneys received under this title.\n  1. The term of the license shall not exceed fifty years from its date.\n  2. The licensee shall agree to accept and abide by the terms and\nprovisions of title 17 of this article, and to pay to the state the\ncharge or rental, if any, fixed by the department and reserved in the\nlicense, or as the same may be readjusted pursuant to law.\n  3. The license shall by reference to maps, plans, and specifications\nor otherwise clearly identify and define the improvement or development\nto be affected under the license.\n  4. If the license affects any canal or canal feeder waters, it shall\ncontain a provision, in substance, reserving to the Commissioner of\nTransportation the right at any and all times to enter upon the property\ncovered by the license, and to do and perform such acts or things,\nincluding the temporary drawing off of the water from the dam or forebay\nfrom which the licensee is drawing water and such interruption in the\nsupply of water to the licensee, as may be deemed necessary for the\nrepair, reconstruction or improvement of the canal or any canal works or\nstructures and that the licensee shall be at all times subject to such\nreasonable rules and regulations for the management and maintenance of\nthe canals and navigation thereof as the Commissioner of Transportation\nshall from time to time prescribe; also a provision in substance\nreserving to the department the right, on ninety days' written notice to\nthe licensee, to retake, recapture and resume wholly or in part the use\nof the water and other property covered by the license, including all\nstructures erected upon and improvements to such property, and to\ncontrol and limit the manner and extent of use of such water or other\nproperty, whenever in the opinion of the Commissioner of Transportation\nor the Legislature, the necessary supply of water for the use of the\ncanals of the state, or any future alterations or improvements of the\ncanals, or the safety of the works connected therewith, may render such\nresumption, control or limitation necessary; also a provision in\nsubstance reserving to the state the right wholly to abandon or destroy\nthe canal, dam or works by the erection or construction of which the\nsurplus water covered by the license is rendered available. In either of\nwhich events, the licensee, if he promptly complies with any and all\nlawful directions of the department with respect to the cessation of the\nuse of water and removal from the premises may recover from the state in\nthe Court of Claims the damages resulting to him therefrom, but the\ndamages for improvements on state lands shall not exceed the\nreconstruction cost. The damages for which the state shall be liable may\nbe specified in the license. The state shall not be liable for any\ntemporary interruption for the repair of or in the operation of the\ncanal, and in case of a substantial change in the right or privilege\ngranted, the department, by agreement, may readjust the charge or rental\nwith the licensee.\n  5. The license shall contain a provision in substance that if there be\na partial resumption of the use of the water or of the land which is\ncovered by the license, the licensee, at his option, may continue for\nthe remainder of the term specified in the license to use the residue of\nthe water and land covered by the license, under the terms and\nconditions of the license, or such modified terms as may be agreed upon,\nupon the payment to the state of a revised and readjusted charge or\nrental, and that if the licensee refuses to accept or continue the use\nof the remaining water and land at the revised and readjusted rental,\nthe license shall terminate and the licensee shall have his claim for\ndamages as provided by the preceding subdivision.\n  6. Except as otherwise provided by law, the terms and provisions of a\nlicense may be altered only by mutual agreement between the department\nand the licensee, after publication as provided in subdivision 1 of\nsection 15-0903 of a notice setting forth the time and place of the\nmeeting at which the proposal to alter the terms and provisions of the\nlicense will be considered. If by any such agreement the amount of water\navailable for use by the licensee is curtailed or the privileges and\nrights under the license are materially changed, the department may\nrevise and readjust the rental to be paid.\n  7. The license may contain a provision to the effect that the licensee\nshall furnish to the state, free of charge or upon terms to be fixed as\ntherein provided, the hydraulic or hydro-electric power required for the\noperation or lighting of certain defined state structures, works or\nproperty.\n  8. The license may also contain a provision in substance, that the\nlicensee shall obtain the fee simple absolute of, or any lesser interest\nin, all property other than that of the state used by him in the\nconstruction of the project.\n  9. In issuing licenses for a minor part only of a complete project, or\nfor a complete project of not more than one hundred horsepower capacity,\nthe department may in its discretion waive such conditions, provisions\nand requirements of title 17 of this article, except the license period\nof fifty years, as it may deem to be to the public interest to waive\nunder the circumstances.\n  10. The department shall pay into the state treasury the moneys\nreceived by it in the course of administering the provisions of title 17\nof this article in the manner provided by section 121 of the State\nFinance Law.\n
N.Y. ENV Law § 27-1701 — New York Code / Act ENV / Article 27 / Title 17 / Section 27-1701
Lead-acid battery recycling
Status: in_force

§ 27-1701. Lead-acid battery recycling.\n  1. Legislative findings. The legislature hereby finds that the\nimproper disposal of lead-acid batteries is a direct threat to the\nhealth and safety of the citizens of this state. Further, the\nlegislature finds that the disposal of these batteries constitutes a\nwaste of recyclable materials. Therefore, the legislature finds and\ndeclares it to be in the public interest to facilitate the collection\nand recycling of lead-acid batteries in this state by prohibiting the\nimproper disposal of lead-acid batteries, establishing a financial\nincentive for the return of used batteries, and requiring lead-acid\nbattery retailers and distributors to accept used batteries free of\ncharge from the public.\n  2. Definitions. When used in this section:\n  a. "Authorized hazardous waste facility" means any hazardous waste\ntreatment, storage and disposal facility permitted pursuant to section\n27-0913 of this article which is authorized to accept lead-acid\nbatteries.\n  b. "Collector" means any person who accepts lead-acid batteries in\norder to transfer them to a recycling facility, an authorized hazardous\nwaste facility or another collector.\n  c. "Consumer" means any person who purchases a lead-acid battery for\nuse other than resale, provided however, that consumer does not mean a\nperson who purchases a new or used vehicle containing a lead-acid\nbattery.\n  d. "Dispose" or "disposal" means the abandonment, discharge, deposit,\ninjection, dumping, spilling, leaking or placing of any substance so\nthat such substance or any related constituent thereof may enter the\nenvironment. Disposal also means the thermal destruction of waste or\nhazardous waste and the burning of such wastes as fuel for the purpose\nof recovering useable energy.\n  e. "Distributor" means any person who sells lead-acid batteries to a\nretailer in this state, including any manufacturer who sells to\nretailers in the state.\n  f. "Lead-acid battery" means any battery with a capacity of six or\nmore volts which contains lead and sulfuric acid and which is used as a\npower source in a vehicle.\n  g. "Manufacturer" means any person who manufactures lead-acid\nbatteries.\n  h. "Mixed municipal solid waste" means any material managed at a solid\nwaste management facility as defined in section 27-0701 of this article.\n  i. "Recycling facility" means any person who processes lead-acid\nbatteries and/or parts thereof in order to recover the materials\ncontained therein for later use.\n  j. "Retailer" means any person in this state who sells new lead-acid\nbatteries to consumers.\n  k. "Return incentive payment" means a payment pursuant to subdivision\nfive of this section to a retailer from a consumer who does not return a\nused lead-acid battery at the time of purchasing a new lead-acid battery\nfrom such retailer.\n  l. "Vehicle" means any motor powered device which is self-propelled\nand designed for carrying persons or property or which is used for the\ntransportation of persons, including, but not limited to, automobiles,\nbuses, trucks, boats, motorcycles, snowmobiles and lawn and garden\nequipment.\n  3. Lead-acid battery disposal prohibitions. a. No person shall dispose\nof a lead-acid battery in mixed municipal solid waste or otherwise\ndispose of a lead-acid battery except by delivery to a retailer,\ndistributor, collector, recycling facility or as a method of last resort\nto an authorized hazardous waste facility.\n  b. No retailer shall dispose of a lead-acid battery except by delivery\nto a distributor, collector, recycling facility or as a method of last\nresort to an authorized hazardous waste facility.\n  c. No distributor shall dispose of a lead-acid battery except by\ndelivery to a collector, recycling facility or as a method of last\nresort to an authorized hazardous waste facility.\n  d. No collector shall dispose of a lead-acid battery except by\ndelivery to a recycling facility, another collector, or as a method of\nlast resort to an authorized hazardous waste facility.\n  e. No recycling facility or authorized hazardous waste facility shall\nstore, recycle or dispose of a lead-acid battery except in accordance\nwith regulations promulgated pursuant to this chapter.\n  4. Lead-acid battery collection. a. Every retailer shall accept up to\ntwo used lead-acid batteries per calendar month from any individual at\nno charge to such individual.\n  b. Every distributor shall accept up to two used lead-acid batteries\nper calendar month from any individual at no charge to such individual\nand shall accept used lead-acid batteries from any retailer to which the\ndistributor sells lead-acid batteries at no charge to such retailer.\n  5. a. Any consumer purchasing a new lead-acid battery who does not\nreturn a used lead-acid battery to the retailer at the time of such\npurchase shall pay such retailer a return incentive payment of five\ndollars per lead-acid battery sold.\n  b. A retailer shall refund to a consumer the five dollar return\nincentive payment collected pursuant to this subdivision if, within\nthirty days of the date of the purchase of a new lead-acid battery, the\nconsumer returns to such retailer a used lead-acid battery. Any return\nincentive payment not refunded to the consumer pursuant to this\nsubdivision shall be retained by the retailer.\n  c. In collecting a return incentive payment pursuant to this\nsubdivision, the retailer shall inform the consumer of the retailer's\nobligation to refund such return incentive payment to such consumer\nshould the consumer return a used lead-acid battery within thirty days.\n  6. Posting requirements. Every retailer and distributor shall post a\nconspicuous sign, open to public view, displaying the universal\nrecycling symbol and stating: "IT IS ILLEGAL TO DISCARD VEHICLE\nBATTERIES. STATE LAW REQUIRES US TO ACCEPT VEHICLE BATTERIES AT NO\nCHARGE FOR RECYCLING."\n  7. Applicability of other laws. For the purposes of this section, any\nretailer, distributor, or collector who complies with the requirements\nset forth in this section shall be exempt from the provisions of titles\nseven and nine of this article and article seventy-two of this chapter.\n  8. Any provision of any local law or ordinance, or any rule or\nregulation promulgated thereto, governing the collection, return or\nrecycling of lead-acid batteries which is inconsistent with any\nprovision of this title shall upon the effective date of this title be\npreempted, provided, however, that such preemption shall not extend to\nany provision of a local law or ordinance prohibiting the illegal\ndisposal of lead-acid batteries.\n  9. The provisions of this title shall be severable and if any portion\nthereof or the applicability thereof to any person or circumstances\nshall be held invalid, the remainder of this title and the application\nthereof shall not be affected thereby.\n
N.Y. ENV Law § 23-1715 — New York Code / Act ENV / Article 23 / Title 17 / Section 23-1715
Inspection to insure compliance; allocation of enforcement costs; revocation; civil and criminal penalties
Status: in_force

§ 23-1715. Inspection to insure compliance; allocation of enforcement\n             costs; revocation; civil and criminal penalties.\n  1. The department shall have continuing responsibility of inspection\nto insure compliance with the terms of an environmental safety permit\nissued under section 23-1707, of route certification under section\n23-1713, and with regard to non-conforming facilities under section\n23-1719, all in accordance with the terms of this title. It may do so\neither with its own personnel exclusively, or by contract with one or\nmore of the affected municipalities, utilizing municipal inspection\npersonnel, or with one or more private firms qualified to monitor\ncompliance and certify with respect thereto, or by a combination of the\nforegoing means as it may by regulation provide.\n  2. The expense of enforcement of this act, including necessary\ntraining and qualification of municipal fire department personnel under\nsection 23-1717, shall be allocated by the department and assessed upon\nan appropriate basis against the utilities and others subject to the\nterms of this title, in order that the administration hereof shall be at\nno net expense to the state or any affected municipality, but rather\ncharged on an allocated basis to the regulated corporations and\nindividuals subject to the requirements of this title, to be included as\npart of the expense related to the furnishing of this form of energy,\nand properly to be borne by the users thereof.\n  3. After notice and upon hearing if requested, the department shall\ndetermine the reasonable cost to the department of its enforcement\nresponsibilities under this title, including direct costs, contractual\nobligations under subdivision one of this section and under section\n23-1717, and allocated departmental overhead; and, further, shall assess\nsaid total cost, on an annual basis, against the utilities and others\nsubject to this title, allocated on the basis of direct costs related to\neach of the foregoing, including contractual obligations incurred in\nenforcement and training, and allocated departmental overhead charged on\nthe basis of departmental action required during the year with regard to\nthe particular utilities and others subject to its administration and\nenforcement responsibilities.\n  4. In the event of the failure of the holder of an environmental\nsafety permit issued under section 23-1707, of route certification under\nsection 23-1713, or of a non-conforming facility under section 23-1719\nto comply with the terms thereof or the provisions of the rules and\nregulations adopted under article 70 of this chapter, the department may\nrevoke said permit or certificate pursuant to the provisions of article\n70 of this chapter and impose upon the holder of such permit or\ncertificate a civil penalty of up to one thousand dollars for each day\nthe holder thereof has failed to comply with this title or a permit or\ncertificate issued hereunder, together with the allocated costs of the\nrevocation and enforcement proceeding itself.\n  5. In addition to any civil penalty assessed by the department\npursuant to subdivision four of this section, any person who knowingly\nviolates any provision of this title, any permit or certificate granted\nunder this title, or any order, rule, or regulation issued pursuant to\nthis title, except where such violation is unintentional and technical,\nshall be guilty of a class A misdemeanor.\n
N.Y. ENV Law § 17-1721 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1721
Reports of municipal authorities to local boards of health
Status: in_force

* § 17-1721. Reports of municipal authorities to local boards of health.\n  1. The report of the public authorities having by law charge of the\nsewer system of every municipality in the state, from which sewer system\nsewage was being discharged into any of the waters of the state on May\n7, 1903, transmitted by the board of health of the municipality within\nwhich any sewer outlet of the said sewer system is located to the\ncommissioner and filed by him in his office, shall constitute the\nevidence of exemption from the prohibition of section 17-1701.\n  2. No sewer system shall be exempt from the prohibition of said\nsection against the discharge of sewage into the waters of the state for\nwhich a satisfactory report shall not have been filed in the office of\nthe commissioner in accordance with chapter 468 of the laws of 1903.\n  * NB Expired September 1, 1973\n
N.Y. ENV Law § 17-1745 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1745
Sewage from vessels
Status: in_force

§ 17-1745. Sewage from vessels.\n  1. Definitions. (a) "Dump station" means any facility designed to\nreceive sewage from any portable toilet carried on any vessel.\n  (b) "Marine holding tank" means any container aboard any vessel that\nis designed and used for the purpose of collecting and storing treated\nor untreated sewage from marine toilets.\n  (c) "Marine toilet" means any toilet on or within any vessel, except\nthose that have been permanently sealed and made inoperative.\n  (d) "Commercial marina" means any installation that is owned by any\nparty other than the state or any of its political subdivisions and\nwhich provides services to the public for more than twenty vessels for a\nfee.\n  (e) "Private marina" means any installation that is owned by any party\nother than the state or any of its political subdivisions and which\nserves more than twenty vessels or transient slips for a fee.\n  (f) "Public marina" means any installation that is owned by the state\nor any of its political subdivisions and which serves more than twenty\nvessels with or without charge, but shall not include quick launches or\nlaunching ramps intended for trailered vessels.\n  (g) "Pumpout facility" means any device, portable or permanent,\ncapable of removing sewage from a marine holding tank.\n  (h) "Sewage" means all human body wastes and gray water.\n  (i) "Vessel" shall have the same meaning as in subdivision six of\nsection two of the navigation law.\n  (j) "Gray water" shall have the same meaning as in subdivision\ntwenty-nine of section two of the navigation law.\n  2. Notice of pumpout facilities and dump stations required. Every\ncommercial marina, public marina and private marina shall post a sign of\nnot less than eighteen inches by twenty-four inches in a conspicuous\nlocation clearly stating the location of a pumpout facility and dump\nstation located at such marina or if no pumpout facility or dump station\nis located at such marina stating the location of and distance to the\nnearest pumpout facility and dump station.\n  3. The commissioner shall promulgate rules and regulations to\nestablish and maintain the Hudson River as a "no discharge zone"\npursuant to the federal clean water act and associated programs\nadministered by the federal environmental protection agency.\n  4. Pumpout facilities and dump stations required on the Hudson River.\nThe commissioner shall require that marinas located on the navigable\nwaters of the Hudson River shall provide pumpout facilities and dump\nstations for the transfer and disposal of sewage and gray water from\nmarine holding tanks and portable toilets in accordance with the\nrequirements contained in subdivision three of this section.\n  (a) The commissioner shall authorize a grant from funds made available\nin accordance with the clean vessel act of 1992 for the purchase and\ninstallation of pumpout facilities and dump stations at public marinas\nin accordance with the New York state clean vessel act plan.\n  (b) The commissioner shall authorize a grant from funds made available\nin accordance with the clean vessel act of 1992 for the purchase and\ninstallation of a pumpout facility and dump station at a commercial\nmarina, provided the owner or operator of such commercial marina agrees\nto maintain the pumpout facility and dump station at no charge to the\nstate and provides pumpout and dump station services to the public at a\ncharge to be established by the commissioner in accordance with federal\nguidelines as required by the clean water act.\n  (c) Nothing in this subdivision shall restrict the use of any public\nfunding source for the purchase and installation of a pumpout facility\nand dump station at any public or commercial marina.\n  5. Public information and registry. (a) The commissioner, in\nconsultation with the department of motor vehicles, the department of\nstate, and the office of parks, recreation and historic preservation,\nshall cause to be prepared periodic and timely informational material\nfor distribution regarding the environmental purposes of utilizing\npumpout facilities and dump stations including the location thereof on\nthe navigable waters of the Hudson River, the importance of proper\nmaintenance of vessel sanitation equipment, and information regarding\nfines and penalties for the illegal discharge of sewage and litter from\nvessels. The department of motor vehicles and the office of parks,\nrecreation and historic preservation shall assist in the distribution of\nsuch informational material in the course of ordinary business.\n  (b) The commissioner, in consultation with the department of motor\nvehicles, the department of state, and the office of parks, recreation\nand historic preservation, shall create a registry and maintain records,\nupdated annually, of all public, private and commercial marinas that\nidentify which marinas have pumpout facilities and dump stations. The\ncommissioner shall, upon written request, provide such information to\nany interested party.\n  6. Penalties. Failure to comply with the provisions of this section\nshall result in fines of two hundred fifty dollars per day for each\nviolation.\n
N.Y. ENV Law § 23-1717 — New York Code / Act ENV / Article 23 / Title 17 / Section 23-1717
Training and qualification of municipal fire department personnel; strict liability
Status: in_force

§ 23-1717. Training and qualification of municipal fire department\n             personnel; strict liability.\n  1. The legislature finds that liquefied natural and petroleum gas, in\nview of its extreme volatility, high flammability, and dangerous\nqualities if mishandled resulting in accidental release, poses problems\nof the control thereof related to the lack of current training and\nqualification of municipal fire department personnel responsible for\ncontrol and extinguishment of fire resulting from mishandling and\naccidental release during its storage, transportation, and conversion.\n  2. Within thirty days after this title shall become effective, every\nutility or other person subject to the jurisdiction of the public\nservice commission and which is engaged in the storage, transportation,\nor conversion of liquefied natural or petroleum gas within the state\nshall give notice to the department that it is a person subject to this\ntitle, and shall specify by geographical description the municipality or\nmunicipalities, or parts thereof, within the state where it is handling\nor otherwise using liquefied natural or petroleum gas, with the nature\nof such use, storage, transportation, or conversion, with the amounts\nthereof in each location, on a monthly and annual basis, with any\nprojected increase or decrease in the use or handling thereof at such\nlocation or locations within the state on a five year basis from date of\nreport.\n  3. Within sixty days thereafter, the department, in consultation with\nthe municipal fire department or departments indicated to be those\nrequired to be trained and qualified under this title to control and\nextinguish fires related to the reported facilities and transportation\nof liquefied natural or petroleum gas, shall determine and report what,\nif any, programs are necessary to enable such municipal fire department\nor departments to be adequately prepared to control and extinguish such\nfires and to protect persons and property within their municipality or\nmunicipalities who might be subject to such danger.\n  4. The report of the department shall detail the capability and\npreparedness, or lack thereof, of such fire department or departments\neffectively to prevent or extinguish a fire at or related to any of the\nreported facilities, or in connection with the transportation of\nliquefied natural or petroleum gas; proposals for further training and\nqualification of personnel which, if implemented, would enable such fire\ndepartment or departments effectively to carry out such\nresponsibilities; and a detailed analysis of the cost of training and\nqualification of such municipal fire department personnel to do so,\nincluding those related to additional manpower, new or additional\nequipment, or training of such personnel, although not limited thereto.\nSuch report, in its cost analysis and in making recommendations with\nrespect thereto, shall report separately with regard to projected hiring\nof additional personnel, the purchase of new or additional equipment and\nsupplies, and necessary training courses, on an initial and continuing\nbasis, together with any other proposals in implementation of this\nsection; and, in addition, shall make specific finding, with regard to\nthe particular municipal fire department or departments involved, which\nof said proposals is or are required to be implemented to be carried out\nto comply with the requirements of subdivision three of this section,\ntogether with the reasonable cost thereof.\n  5. Notice of the department's determination with regard to\nimplementation of the training and qualification requirements of this\nsection and of the cost thereof shall be given to the utility or other\nperson subject to this section under subdivision two hereof and to the\nmunicipal fire department or departments identified to be with\njurisdiction under subdivision three hereof. If a hearing is requested\nwithin thirty days, a hearing shall be held promptly with regard to the\nprogram and the cost thereof and, on the basis of the record of the\nhearing the department, by its commissioner, may modify the program and\nadjust the cost thereof to be charged against the utility, utilities, or\nother persons subject to this title in accordance with the provisions of\nsubdivisions two and three of section 23-1715. Such cost, as related to\nthe training and qualification requirements of this title may, at the\noption of the department, be paid to the department under subdivision\nthree of section 23-1715, or by the utility or other person directly to\nthe chief fiscal officer or officers of the municipality or\nmunicipalities involved pursuant to this section; and, in any event,\nshall be expended only on programs thus approved by the department for\nthe purpose of carrying out the requirements of this section.\n  6. Upon application for an environmental safety permit under section\n23-1707 or for certification of a transportation route under section\n23-1713, the procedure of notification, consultation, and report and\ndetermination with regard to municipal fire department training program\nand cost thereof shall be integrated with the application and the\ndetermination of the department, if to grant the permit or certificate\nor certificates, shall include the determination thereof with regard to\nimplementation of the training and qualification requirements of this\nsection and the allocation of the cost thereof, with respect to the\nparticular permit or certificate or certificates granted, to the utility\nor other person subject to the requirements of this title.\n  7. In the event that more than one utility or other person is\ndetermined to be charged with the cost of training and qualification\nunder this section, said charge or charges may be apportioned by the\ndepartment between or among them on an equitable basis related to the\ndegree to which each is responsible, based on the degree and complexity\nof the cost of training and qualification involved. In no event shall\nthe department of environmental conservation, or its commissioner, by\nvirtue of this section, be determined to have any jurisdiction over the\noperation or administration of any municipal fire department reimbursed\nunder this title and section, or over its fire fighting methods,\ndeployment of personnel, fiscal policies, or other aspects of its\nadministration. The department is authorized to promulgate rules and\nregulations necessary to effectuate the purposes of this section.\n  8. The storage, transportation, and conversion of liquefied natural\nand petroleum gas within the state, in view of its extreme volatility,\nhigh flammability, and dangerous qualities if mishandled resulting in\naccidental release, is determined to be hazardous and entails strict\nliability on the part of any person, as defined under this title, that\nundertakes such activities in the state. Neither compliance with the\nrequirements of this title, nor the exercise of due care, shall excuse\nany such person from liability for personal or property damage\ndetermined to be caused by the accidental release of liquefied natural\nor petroleum gas within the state, and neither proof of means of\nignition nor distinctions between direct and consequential damage shall\nrelieve such person of absolute liability without regard to intent or\nnegligence for any personal or property damage thereby caused.\n
N.Y. ENV Law § 17-1713 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1713
Discharge of sewage and other offensive matter into Brant Lake, Loon Lake, Friends Lake and Schroon Lake prohibited
Status: in_force

* § 17-1713. Discharge of sewage and other offensive matter into Brant\n               Lake, Loon Lake, Friends Lake and Schroon Lake\n               prohibited.\n  1. No person or corporation shall cause or permit the fall, flow or\ndischarge into Brant lake, Loon lake or Friends lake in the county of\nWarren or Schroon lake located partly in the county of Essex and partly\nin the county of Warren or any of their tributaries, of any sewage\nmatter, or other foul, noxious or deleterious, solid or liquid matter,\nor effluent from any sewage disposal plant, or any matter that may be\ndeclared such by the board of health of any municipality adjacent to any\nsuch lake where any such fall, flow or discharge shall occur.\n  2. The board of health of any such municipality shall examine into any\nalleged offense against this section within its jurisdiction and cause\nthe same to be abated, by injunction or otherwise, if found to exist.\n  3. The prohibition of the discharge of sewage effluent into Schroon\nlake as hereinbefore in this section provided shall not apply to the\ntreated effluent from a sewage or waste treatment plant which has been,\nor may be constructed, maintained and operated in accordance with plans\napproved and a permit issued by the former Water Pollution Control\nBoard. Such permit shall prohibit the discharge of sewage effluent into\nSchroon lake or any of its tributaries in any quantities which will\nadversely affect said waters or which will render said waters unsuitable\nfor any purpose recognized under the classification of said waters by\nthe former Water Pollution Control Board.\n  * NB Expired September 1, 1973\n
N.Y. ENV Law § 15-1701 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1701
Reservation of state control
Status: in_force

§ 15-1701. Reservation of state control.\n  Where any person takes, diverts, appropriates, or otherwise uses,\nwhether by virtue of the provisions of title 17 of this article or\notherwise, the waters of the state over which the state has the\nproprietary ownership of the flow and to the use of which the state has\nthe right paramount and exclusive, or concurrently with any other\njurisdiction, such waters shall remain subject to the power and control\nof the state for the purposes of regulating, licensing, controlling, or\nterminating the use and disposition of the same by such person, as well\nas for the purpose of exacting any rentals or charges therefor.\n
N.Y. ENV Law § 9-1703 — New York Code / Act ENV / Article 9 / Title 17 / Section 9-1703
Definitions
Status: in_force

§ 9-1703. Definitions.\n  As used in this title:\n  1. "Advisory committee" means the New York invasive species advisory\ncommittee established by section 9-1707 of this title.\n  2. "Council" means the New York invasive species council established\nby section 9-1705 of this title.\n  3. "Control" means, as appropriate, eradicating, suppressing,\nreducing, or managing invasive species populations, preventing spread of\ninvasive species from areas where they are present, and taking steps\nsuch as restoration of native species and habitats to reduce the effects\nof invasive species and to prevent further invasions.\n  4. "Ecosystem" means the complex of a community of organisms and its\nenvironment.\n  5. "Introduction" means the intentional or unintentional escape,\nrelease, dissemination, or placement of a species into an ecosystem as a\nresult of human activity.\n  6. "Native species" means, with respect to a particular ecosystem, a\nspecies that, other than as a result of an introduction, historically\noccurred or currently occurs in that ecosystem.\n  7. "Species" means a group of organisms all of which have a high\ndegree of physical and genetic similarity, generally interbreed only\namong themselves, and show persistent differences from members of allied\ngroups of organisms.\n  8. "Plan" means the plan developed pursuant to section 9-1705 of this\ntitle.\n  9. "GIS" means geographic information system.\n  10. "Invasive species" means a species that is:\n  (a) nonnative to the ecosystem under consideration; and\n  (b) whose introduction causes or is likely to cause economic or\nenvironmental harm or harm to human health. For the purposes of this\nparagraph, the harm must significantly outweigh any benefits.\n
N.Y. ENV Law § 23-1709 — New York Code / Act ENV / Article 23 / Title 17 / Section 23-1709
Criteria for siting
Status: in_force

§ 23-1709. Criteria for siting.\n  1. The department shall, after investigation and opportunity for\npublic comment, within one year from the effective date of this section,\nadopt, and file with the secretary of state, regulations establishing\ncriteria for the siting of liquefied natural and petroleum gas\nfacilities. Such siting criteria shall be designed to insure the maximum\nsafety of the public from hazards associated with liquefied natural or\npetroleum gas storage, transportation and conversion. The department\nshall also within one year from such effective date adopt regulations\nprescribing the form and content of applications for environmental\nsafety permits to construct a liquefied natural or petroleum gas\nfacility.\n  2. The regulations issued pursuant to subdivision one of this section\nfor the siting of liquefied natural or petroleum gas facilities shall\ntake into account, among other factors:\n  (a) The density of population in areas neighboring the liquefied\nnatural or petroleum gas facility;\n  (b) The density of population in areas neighboring delivery routes of\nliquefied natural or petroleum gas to a liquefied natural or petroleum\ngas facility, if delivery is by water-borne vessel, rail or motor\nvehicle;\n  (c) The risk of accident during the transportation of liquefied\nnatural or petroleum gas to or from a liquefied natural or petroleum gas\nfacility which could result in a release of liquefied natural or\npetroleum gas from containment and the safeguards necessary to reduce\nsuch risk;\n  (d) The physical properties of liquefied natural or petroleum gas,\nincluding: (i) the effect of cryogenic temperatures upon containers of\nliquefied natural or petroleum gas; (ii) the maximum distance that a\nliquefied natural or petroleum gas vapor cloud is projected to expand\nand pose a threat to the public; and, (iii) the flammability or\nexplosiveness of such a cloud formed by vaporizing liquefied natural or\npetroleum gas.\n  3. The regulations issued by the department pursuant to subdivision\none prescribing the form of an application for an environmental safety\npermit to construct a liquefied natural or petroleum gas facility shall\nrequire the applicant to supply detailed information regarding:\n  (a) The location of the proposed facility;\n  (b) A description of the design and capacity of the facility;\n  (c) The expected sources of natural gas or liquefied natural or\npetroleum gas for the facility, the proposed methods of transporting\nnatural gas or liquefied natural or petroleum gas to and from the\nfacility, and the routes which deliveries will traverse;\n  (d) The need for the facility;\n  (e) The environmental impacts of the proposed facility;\n  (f) A description of reasonable alternative locations for the proposed\nfacility;\n  (g) Such other information as the department shall prescribe to allow\nit to render a decision as to whether the proposed liquefied natural or\npetroleum gas facility is necessary and compatible with the surrounding\nenvironment and with the safety of neighboring populations.\n  4. The rules and regulations adopted by the department to implement\nthis title and the provisions of article 70 of this chapter and rules\nand regulations adopted thereunder shall govern environmental safety\npermit applications, renewals, modifications, suspensions and\nrevocations under this title.\n
N.Y. ENV Law § 23-1713 — New York Code / Act ENV / Article 23 / Title 17 / Section 23-1713
Transportation of liquefied natural and petroleum gas; certified routes
Status: in_force

§ 23-1713. Transportation of liquefied natural and petroleum gas;\n             certified routes.\n  1. Except for transportation by navigable waterways, all intrastate\ntransportation of liquefied natural and petroleum gas in its cryogenic\nstate must be along established routes in accordance with a schedule\nfiled with the department, and approved in accordance with this section.\n  2. The department of transportation in consultation with the\ndepartment of environmental conservation shall establish criteria for\nthe safe transportation of such liquefied natural and petroleum gas.\nSuch criteria shall take into consideration the proximity of the route\nor routes to contiguous populations, the capability of municipal fire\ndepartments to protect communities and contiguous populations against\nfire cloud damage attendant upon vapor release of the gas from its\ncryogenic state due to accident or malfunction in equipment, and the\nrisk of further accident related thereto and conflagration attendant\nupon its ignition. Such department's criteria shall be no less\nrestrictive than existing federal regulations. Such department shall\nwithin one year from the effective date of this section, adopt\nregulations prescribing the forms and procedures to be followed, which\nshall include notice to all affected municipal police and fire\ndepartments, for the certification of routes to be used for the safe\nintrastate transportation of such liquefied natural and petroleum gas.\n  3. The department of transportation in consultation with the\ndepartment of environmental conservation shall maintain a map of\ncertified routes for the intrastate transportation of such liquefied\nnatural and petroleum gas. In order to have a route certified under this\nsection, any person proposing to undertake intrastate transportation of\nsuch liquefied natural or petroleum gas shall file with such department\nthe proposed transportation route, subject to approval as herein\nprovided.\n  4. Upon application therefor, and before certifying a route for\nintrastate transportation of such liquefied natural or petroleum gas\nunder subdivision three, the department of transportation shall hold a\npublic hearing and shall render a decision with respect thereto in\naccordance with the requirements of section 23-1711, and, to the extent\napplicable, section 23-1709. In addition, upon route certification, such\nlimitations as are appropriate for safety purposes shall be established\nby such department for each such certified route, and the department,\nfurther, shall establish procedure and notice requirements for the\nparticular route, in accordance with subdivision two hereof, to be given\nto all affected municipal police and fire departments, to assure\nadequate notice to all affected municipalities.\n
N.Y. ENV Law § 17-1743 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1743
Reporting of spills of liquids stored in bulk
Status: in_force

§ 17-1743. Reporting of spills of liquids stored in bulk.\n  Any person who is the owner of or in actual or constructive possession\nor control of more than one thousand one hundred gallons, in bulk, of\nany liquid, including petroleum, which, if released, discharged or\nspilled would or would be likely to pollute the lands or waters of the\nstate including the groundwaters thereof shall, as soon as he has\nknowledge of the release, discharge or spill of any part of such liquid\nin his possession or control onto the lands or into the waters of the\nstate including the groundwaters thereof immediately notify the\ndepartment. Within forty-eight hours of receipt of notification made\npursuant to this section of a spill of a hazardous substance or acutely\nhazardous substance listed pursuant to article thirty-seven of this\nchapter of a quantity that may threaten the health or safety of the\npublic or environment, the department shall notify the chief executive\nofficer in the village, town, and city in which the spill occurred, and\nany adjoining city or town or village that the department deems\nappropriate. In addition, the department shall provide notification of\nsuch spill to the general public through local news outlets, newspaper\nor any other media available to the department. Notification received\npursuant to this section or information obtained by the exploitation of\nsuch notification shall not be used against any such person in any\ncriminal case, except a prosecution for perjury or for giving a false\nstatement.\n
N.Y. ENV Law § 15-1739 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1739
Revocation of license
Status: in_force

§ 15-1739. Revocation of license.\n  1. The department may by resolution terminate and revoke any license,\nissued pursuant to the provisions of title 17 of this article for the\nfollowing reasons:\n  a. Failure of the licensee to commence, advance or complete\nconstruction of the project works within the time fixed therefor, unless\nthe time be extended by the department; or\n  b. Failure of the licensee to pay, at the time or times provided in\nthe license, the charge or rental provided for in the license or fixed\npursuant to law; or\n  c. Failure of the licensee promptly to comply with any of the terms,\nconditions or provisions of title 17 of this article or of the license,\nor with any direction, order, rule or regulation given or made by the\ndepartment or otherwise, pursuant to the license or provisions of law.\n  2. No action terminating or revoking a license shall be taken until\nthe licensee is afforded an opportunity to appear before the department\nand be heard with respect thereto. Ten days' notice of the time and\nplace of the meeting of the department at which the action will be\nconsidered shall be given to the licensee.\n  3. In case the department revokes a license as herein provided because\nof the failure of the licensee in good faith to commence actual\nconstruction of the project works or any specified part thereof within\nthe required time, the licensee shall not recover any damages or\ncompensation from the state because of such revocation.\n  4. If the license is terminated or revoked, the state may elect to\ntake any and all interest of the licensee in and to state property\ncovered by the license including all works and structures thereon.\n  5. In such event the department may, subject to the making of adequate\nappropriation therefor, provide by written agreement for the payment to\nthe licensee of the amount of the enhancement in value, if any, of the\nstate property which is covered by the license resulting from any\nimprovements of the same made or effected by the licensee, not\nexceeding, however, the reconstruction cost, which recovery in the case\nof termination and revocation pursuant to paragraph a of subdivision 1\nof this section shall not include or be affected by any organization or\nother expenditures preliminary to actual construction work, and in the\ncase of termination and revocation pursuant to paragraphs b and c of\nsubdivision 1 of this section shall be less a deduction equal to that\nportion, if any, of the aggregate income from the project over and above\nactual and reasonable expenses of operation, including repairs, which\nshall exceed an amount equal to eight per centum per annum, to the time\nthat the state property is taken over by the state, of the actual and\nreasonable cost to the licensee of the lands and interests in lands, the\nactual and reasonable cost to the licensee of the ways, means and works\nand the allowance made for organization and development expenses. If the\namount involved does not exceed the indebtedness which may be lawfully\nincurred for such purposes without an appropriation, such agreement may\nprovide for the payment thereof before an appropriation is made.\n  6. In the event that the licensee and the department are unable to\nagree upon the amount of damages payable to the licensee as above\nprovided, and the same does not exceed the indebtedness which may be\nlawfully incurred, for such purpose without an appropriation being made\ntherefor, the licensee may recover from the state in the Court of Claims\nthe amount of enhanced value, if any, of the licensed property owned by\nthe state, resulting from any and all existing improvements of the same\nmade or effected by the licensee, not exceeding, however, the\nreconstruction cost, less depreciation thereof as limited above to\nproceedings pursuant to the provisions of paragraph a of subdivision 1,\nor less deduction as stated above for proceedings pursuant to paragraphs\nb and c of subdivision 1. If the amount of damages shall exceed the\namount of such lawful indebtedness, the revocation shall not take effect\nuntil an adequate appropriation has been made therefor and in such case\ndamages may be in like manner recovered in the Court of Claims.\n  7. The Attorney General at the request of the department may institute\nappropriate actions or proceedings in the Supreme Court in any judicial\ndistrict of the state or in any court of competent jurisdiction to carry\ninto effect the resolution of the department revoking any license and to\nremove from state property covered by the license, any licensee whose\nlicense has been revoked.\n
N.Y. ENV Law § 17-1735 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1735
Violations; service of notice; actions
Status: in_force

* § 17-1735. Violations; service of notice; actions.\n  1. The board of health of each municipality shall promptly ascertain\nevery violation of, or noncompliance with, any of the provisions of\nsection 17-1701 or of the permits for the discharge of sewage or refuse\nor waste material into any of the waters of the state herein provided,\nwhich may occur within that municipality, or the commissioner may\nascertain such violations or noncompliance.\n  2. The local board of health shall on the discovery of every violation\nof or noncompliance with any of the provisions of said section or of any\npermit duly issued, report the same in writing to the commissioner.\n  3. Upon receipt of such report from a local board of health the\ncommissioner shall investigate the matter immediately and shall hold a\nhearing and give the person or persons charged with such violation or\nnoncompliance an opportunity to present evidence on his or their behalf,\nand shall ascertain whether a violation or noncompliance exists.\n  * NB Expired September 1, 1973\n
N.Y. GOB Law § 5-1707 — New York Code / Act GOB / Article 5 / Title 17 / Section 5-1707
Effects of transfer of structured settlement payment rights
Status: in_force

§ 5-1707. Effects of transfer of structured settlement payment rights.\nFollowing a transfer of structured settlement payment rights under this\ntitle:\n  (a) The structured settlement obligor and the annuity issuer shall, as\nto all parties except the transferee, be discharged and released from\nany and all liability for the transferred payments;\n  (b) The transferee shall be liable to the structured settlement\nobligor and the annuity issuer:\n  (i) if the transfer contravenes the terms of the structured\nsettlement, for any taxes incurred by such parties as a consequence of\nthe transfer; and\n  (ii) for any other liabilities or costs, including reasonable costs\nand attorneys' fees, arising from compliance by such parties with the\norder of the court or arising as a consequence of the transferee's\nfailure to comply with this title;\n  (c) Neither the annuity issuer nor the structured settlement obligor\nmay be required to divide any periodic payment between the payee and any\ntransferee or assignee or between two or more transferees or assignees;\nand\n  (d) Any further transfer of structured settlement payment rights by\nthe payee may be made only after compliance with all of the requirements\nof this title.\n
N.Y. ENV Law § 17-1707 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1707
Discharge of sewage into the Susquehanna near Binghamton prohibited
Status: in_force

* § 17-1707. Discharge of sewage into the Susquehanna near Binghamton\n               prohibited.\n  1. No person or corporation shall cause to fall, flow or discharge\ninto the Susquehanna river or any of its tributaries, between the Rock\nBottom dam in such river at the city of Binghamton, and a point one mile\neast of the bridge that crosses such river at Conklin, any sewage\nmatter, or other foul, noxious or deleterious, solid or liquid matter,\nor any matter that may be declared such by the board of health of any\nmunicipality adjacent to such river within such limit.\n  The board of health of any such municipality shall examine into any\nalleged offense against this section and cause the same to be abated, if\nfound to exist.\n  * NB Expired September 1, 1973\n
N.Y. PBA Law § 2407 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2407
Bond limits
Status: in_force

§ 2407. Bond limits. (1) Except for notes issued in nineteen hundred\nseventy and nineteen hundred seventy-one, the agency shall not issue\nbonds and notes, the interest on which is not included in the gross\nincome of the holders of the bonds and notes under the United States\nInternal Revenue Code of 1986, as amended, or any subsequent\ncorresponding internal revenue law of the United States, in an aggregate\nprincipal amount exceeding ten billion nine hundred twenty million\ndollars, excluding from such limitation (a) an amount equal to any\noriginal issue discount from the principal amount of any bonds or notes\nissued, (b) bonds and notes issued to refund outstanding bonds and\nnotes, and (c) bonds and notes not described in paragraph (b) of this\nsubdivision issued to refund outstanding bonds and notes in accordance\nwith the provisions of the Internal Revenue Code of 1986 or the Tax\nReform Act of 1986, as amended, where such bonds or notes are not\nincluded in the statewide volume cap on private purpose bonds under\nsection 146 of such code provided, however, that upon any refunding\npursuant to this paragraph or paragraph (b) of this subdivision, such\nexclusion shall apply only to the extent that the amount of the\nrefunding bonds or notes does not exceed (i) the outstanding amount of\nthe refunded bonds or notes, plus (ii) to the extent permitted by\napplicable federal tax law, costs of issuance of the refunding bonds or\nnotes to be financed from the proceeds of the refunding bonds or notes.\nNo such bond or note shall be issued by the agency on or after July\ntwenty-third, two thousand twenty-seven, excluding bonds and notes\nissued to refund outstanding bonds and notes. No more than two billion\nfour hundred million dollars of proceeds of bonds or notes issued by the\nagency pursuant to this subdivision shall be used for mortgage purposes\nby blending with proceeds of bonds issued pursuant to subdivision two of\nthis section.\n  (2) In connection with the issuance of bonds for the purpose of\nfurthering programs described in this title, the agency is authorized to\ncovenant and consent that the interest on any of its bonds, notes or\nother obligations shall be includable, under the United States Internal\nRevenue Code of 1986, as amended or any subsequent corresponding\ninternal revenue law of the United States, in the gross income of the\nholders of the bonds to the same extent and in the same manner that the\ninterest on bills, bonds, notes or other obligations of the United\nStates is includable in the gross income of the holders thereof under\nsaid Internal Revenue Code or any such subsequent law. Pursuant to this\nsubdivision, the agency shall not issue bonds, notes or other\nobligations in an aggregate principal amount exceeding one billion nine\nhundred fifty million dollars, excluding from such limitation bonds,\nnotes or other obligations issued to refund outstanding bonds, notes or\nother obligations. No such bond, note or other obligation shall be\nissued by the agency on or after July twenty-third, two thousand\ntwenty-seven, excluding bonds, notes or other obligations issued to\nrefund outstanding bonds, notes or other obligations and no mortgages\nshall be purchased with the proceeds of such bonds, notes or other\nobligations after such date. The board of directors of the agency shall\nestablish program guidelines for purposes of bonds, notes or other\nobligations issued pursuant to this subdivision. The board of directors\nshall establish from time to time maximum income limits of persons\neligible to receive mortgages financed by bonds, notes or other\nobligations issued pursuant to this subdivision, which income limits\nwith respect to one-third of the total principal amount of mortgages\nauthorized to be so financed shall not exceed one hundred twenty-five\npercent of the latest maximum income limits permitted under the Internal\nRevenue Code of 1986, as amended, for mortgagors financed by mortgage\nrevenue bonds, with respect to one-third of such principal amount\nauthorized to be so financed, shall not exceed one hundred thirty-five\npercent of such income limits, and with respect to one-third of such\nprincipal amount authorized to be so financed, shall not exceed one\nhundred fifty percent of such limits, provided that notwithstanding the\nforegoing, the maximum income limits of persons eligible to receive\nmortgages financed by the agency under its neighborhood revitalization\nprogram (and any successor program) shall not exceed one hundred fifty\npercent of the latest maximum income limits permitted under the Internal\nRevenue Code of 1986, as amended, for mortgagors financed by mortgage\nrevenue bonds.\n  (3) The fixing of the statutory maximums in this section shall not be\nconstrued as constituting a contract between the agency and the holders\nof its bonds or notes that additional bonds and notes may not be issued\nsubsequently by the agency in the event that such statutory maximums\nshall subsequently be increased by law.\n
N.Y. ENV Law § 15-1729 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1729
Eminent domain
Status: in_force

§ 15-1729. Eminent domain.\n  Real property may be acquired pursuant to title 17 of this article\nunder an exercise of the right of eminent domain in the following cases:\n  1. Real property which is necessary to the full development and\nutilization of any water power site of which the state is the owner, in\nwhole or in part.\n  2. Real property which is necessary to the full development of water\npower sites where such water power sites on a stream, or in a given\nlocality cannot be developed separately as efficiently and economically\nfor the generation of power as under a plan for their development\ntogether and the owner or owners of the right to the use of the greater\npart of the head and volume of usable flow for power at such sites\ntransfer the same to a corporation organized for the production, sale\nand distribution of heat, light and power to the public as herein\nprovided, or such right is owned by such a corporation and the\ndepartment determines by resolution that such power sites can be more\nefficiently and economically developed for the production of power under\nsuch a plan than singly, and the heat, light or power is necessary for\npublic use.\n  3. Real property, on the application of a corporation organized for\nthe production of heat, light or power, after a determination by the\nPublic Service Commission that such property is necessary to the full\ndevelopment and utilization of a single undeveloped water power site, a\nmajor part of the head and volume of the usable flow for power at which\nsite is owned by such corporation, for the production of heat, light or\npower for sale or distribution to the public and that such heat, light\nor power is necessary for public use. In any county containing a part of\nthe forest preserve as now constituted, for the purpose of establishing\nthe right to exercise the power of eminent domain under this subdivision\nthe ownership of wild or unoccupied land shall be presumed to be in an\napplicant showing a record title under which the applicant or his\ngrantors has claimed for a period of ten years and it appears that the\nstate and county taxes thereon have been paid by or on behalf of such\napplicant or his grantors for a period of five years before the\nproceeding in which the application is made was begun; ownership in\nother lands wherever located shall be presumed on showing record title\nin the applicant for a period of ten years and possession thereunder for\na like period.\n  4. Such right of eminent domain shall be exercised under the\nprovisions of the eminent domain procedure law subject to the following\nrestrictions and limitations:\n  a. The acquisition of real property for the state shall be on the\napplication of the department, and payment therefor shall be made in the\nmanner provided for the payment of lands appropriated by the state in\nthe Adirondack and Catskill parks under section 3-0305 of this chapter.\n  b. If a water power site be taken under subdivision 2 of this section,\nthe owner of any such power site shall have the option to receive and\nown such a proportion of the power resulting from the common development\nas the head and volume of the usable flow of the water at the site bears\nto the product of the total head and volume of the usable flow of the\nwaters of the common development, provided he pays a like proportion of\nthe cost of development, maintenance and operation, and consents that\nhis pro rata share of such power shall be pledged to secure such\npayment, and assents to such reasonable and equitable provisions and\nregulations in relation to the development and operation thereof for the\ncommon benefit and to payment therefor as the department shall\nprescribe. In case of the exercise of such option by the owner of a\ndeveloped water power site, such owner shall also be allowed the loss,\nif any, resulting to him from the excess in value, if any, of the water\npower owned by him before such common development over the water power\nright owned by him after such development, after deducting from the\nvalue of such power right his proportion of the cost of such\ndevelopment. Such difference in value shall be deemed a part of the\ndamages in the condemnation proceeding, and the payment thereof shall be\nsecured as directed by the court.\n  c. Before any real property is taken under the provisions of\nsubdivision 2 of this section, the owner or owners of the right to the\nuse of the greater part of the head and volume of usable flow for power\nat the sites to be developed in common shall, unless such a corporation\nbe already organized and be the owner of such rights, organize a\ncorporation for the production, distribution and sale of heat, light and\npower to the public, and shall transfer to such corporation such sites.\nSuch corporation shall file with the Public Service Commission a\ncertified copy of its certificate of incorporation and shall also file\nwith such department a map of the water power sites, and property\nconnected therewith, of which it is the owner, with satisfactory proof\nthat it is the owner thereof, and a map of the water power sites and\nproperty which it seeks to acquire for the purpose of making a common\ndevelopment. It shall also file with such department a plan of its\nproposed development of water power on the property which it owns and\nwhich it seeks to acquire. Such corporation shall file copies of such\nmaps and plan certified by the president and engineer of the\ncorporation, or a majority of the directors, in the office of the clerk\nof the county in which such development is to be made, or if it be in\nmore than one county, in the office of the clerk of each county; and\nshall give written notice to all actual occupants of lands of which it\nis not the owner on which such development is to be made, of the time\nand place such maps and plan were filed, and that such development is to\nbe made on the lands of such occupants. The Public Service Commission\nshall give an opportunity to persons interested to be heard, investigate\nand determine whether it is in the public interest that such development\nbe made and whether the power to be produced is necessary for the supply\nof the public with heat, light or power. If it shall so determine, it\nmay issue to such corporation a certificate that public convenience and\nnecessity require that such development be made, but in granting the\ncertificate the department may expressly except from its certificate any\npart of the property proposed to be developed as unnecessary to the\nplan. Such certificate when issued shall be conclusive evidence as to\nthe matters lawfully certified therein in any proceeding under the\nCondemnation Law to acquire the property, or any part thereof, set forth\nin such certificate.\n  5. Real property, on the application of a corporation authorized to do\nbusiness in this state and engaged in the production, sale and\ndistribution of heat, light or power to the public, which is necessary\nto perfect or improve water power already developed, provided that\nproperty taken does not impair or injure any developed water power or\ndeveloped water power site. The corporation may apply for and in a\nproper case receive from the Public Service Commission a certificate of\nconvenience and necessity for taking the property so to be acquired in\nthe manner and with like effect as provided in paragraph c of\nsubdivision 4 of this section. Any such corporation may also exercise\nthe right of eminent domain to acquire real property in accordance with\nthe provisions of subdivisions 2, 3 and 4 of this section.\n  6. If it appears that there is a defect of title or any outstanding\ninterest in any of the real property occupied or to be occupied by the\nproject when completed, the corporation making, or having the right to\nmake, the development of the water power may exercise the right of\neminent domain for the purpose of acquiring any such outstanding\ninterest or any real property with respect to which the title appears to\nbe or is defective.\n  7. In any county containing a part of the forest preserve as now\nconstituted, real property, on the application of a corporation\norganized for the production of heat, light or power, necessary for the\ndevelopment of a water power site or sites, developed or about to be\ndeveloped, and occupied by a railroad and real property necessary to and\nfor the relocation of such railroad, upon application to and on order of\nthe Public Service Commission authorizing the same and upon thirty days'\nnotice to the railroad corporation. The Public Service Commission shall\ngrant the order if in its judgment the public interest will be promoted\nthereby. The relocation of the railroad shall be at the expense of the\napplicant and in accordance with plans and specifications to be approved\nby such Public Service Commission. The applicant shall not take\npossession of any real property of the railroad necessary for its\noperation until such relocation of the railroad shall have been\ncompleted. The Public Service Commission upon the assent of the railroad\nmay order the abandonment of such part of the railroad as is necessary\nto be taken instead of ordering a relocation thereof.\n  8. Real property, on the application of a corporation organized for\nthe production of heat, light or power, which is necessary for the full\ndevelopment of a water power site or sites, developed or about to be\ndeveloped, and is used or occupied as burial place or cemetery, and real\nproperty necessary to locate and reinter any human remains removed\ntherefrom. Proceedings shall be had for the taking of such real property\nand removal of such remains in the manner provided by section 15-2117,\nin so far as the provisions thereof are applicable thereto, but such\nexercise of the right of eminent domain shall be subject to the sound\ndiscretion of the court.\n
N.Y. PBA Law § 2421 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2421
Inconsistent provisions of other laws superseded
Status: in_force

§ 2421. Inconsistent provisions of other laws superseded. Insofar as\nthe provisions of this title are inconsistent with the provisions of any\nother law, general, special or local, the provisions of this title shall\nbe controlling. It is the intent of the legislature that the provisions\nof this title relating to mortgage commitments and laws be construed\nliberally so as to effectuate the public and governmental purpose\nthereof.\n
N.Y. ENV Law § 23-1719 — New York Code / Act ENV / Article 23 / Title 17 / Section 23-1719
Non-conforming facilities; conformance to safety criteria; moratorium
Status: in_force

§ 23-1719. Non-conforming facilities; conformance to safety criteria;\n             moratorium.\n  The legislature finds that existing facilities have been constructed\nand are in the process of being used which by reason of their\nconstruction in residential areas or in dangerous proximity to\ncontiguous populations, or otherwise, are in violation of the terms of\nthis act, and, having been constructed before its enactment, have not\nbeen approved in accordance with the procedures herein required. Taking\ninto account the needs of the service areas involved, the substantial\ncapital investment of the utilities therein, and the changes in\ncorporate plans that compliance with this title will entail, as against\nthe hazards posed to surrounding and contiguous areas and their\npopulations by the potential mishandling or accidental discharge of\nliquefied natural or petroleum gas in its cryogenic state, the following\nprocedure is established to conform existing facilities to the safety\ncriteria herein prescribed, or, in the alternative, to reexamine the\nnecessity of their use in current locations, and to require alternative\nsiting.\n  1. Effective on passage hereof, and until regulations pursuant to\nsection 23-1709 are adopted and filed, no liquefied natural or petroleum\ngas facility may be constructed, reconstructed, enlarged in storage\ncapacity, or, if constructed but unused, put into actual use and\noperation in this state, and no environmental safety permit pursuant to\nsection 23-1707 of this title shall be issued for such facility.\n  2. With regard to any non-conforming liquefied natural or petroleum\ngas storage or conversion facility in actual use and operation on\nSeptember first, nineteen hundred seventy-six, the following special\nprocedures shall apply:\n  a. On or before September first, nineteen hundred seventy-six, or the\nthirtieth day after the effective date of this title, whichever shall be\nlater, the department shall notify any such non-conforming facility of\nthe provisions of this section and of this title, and shall advise it of\nthe procedures to be followed hereunder in terms of conformance to\nsafety criteria or alternative siting.\n  b. Within thirty days after this title shall become effective, such\nnon-conforming facility shall give the initial notice required under\nsubdivision two of section 23-1717, specifying by geographical\ndescription the municipality or municipalities, or parts thereof, within\nthe state within which it is handling or otherwise using liquefied\nnatural or petroleum gas, with the nature of such use, storage,\ntransportation, or conversion, with the amounts thereof in each\nlocation, on a monthly and annual basis, with any projected increase or\ndecrease in the use or handling thereof at such location or locations\nwithin the state on a five year basis from date of report.\n  c. Within sixty days thereafter, the department shall complete the\nconsultation and report required by subdivisions three and four of\nsection 23-1717, and the notification required by the first sentence of\nsubdivision five of that section. Thereafter, further proceedings under\nsubdivision five shall be integrated with the hearing hereinafter\ndirected to be had with regard to the non-conforming facility; and the\nimplementation of the balance of section 23-1717, with regard to\ntraining and qualification of municipal fire department personnel, shall\nbe effected in accordance with the determination of the department with\nregard to the non-conforming facility.\n  d. Within one hundred and eighty days after this title shall become\neffective, a public hearing or hearings shall be held in the area or\nareas in which the non-conforming facility or facilities are located.\nSuch hearing or hearings shall be held on sixty days' notice and as\notherwise provided in subdivisions two and three of section 23-1711.\nNotice shall be given by the facility or facilities in accordance with\nsubdivision three thereof, and public participation shall be afforded by\nappropriate location and scheduling, and the opportunity to submit oral\nor written statements for the record.\n  e. In the adjudicatory phase of the hearing or hearings, evidence may\nbe received relating to the criteria set forth in section 23-1709 as\nthey relate to the non-conforming facility, and with regard to the\ncapability of municipal fire department personnel to control and\nextinguish fire resulting from mishandling and accidental release of\nliquefied natural and petroleum gas during its storage, transportation,\nor conversion. At the time of the notice of hearing the department shall\nmake public its report under paragraph c of subdivision two of this\nsection, together with all information secured by it with respect to the\ntraining and qualification of the municipal fire department or\ndepartments and their personnel to control or extinguish fires related\nto the use of the non-conforming facility, and additional oral testimony\nby the municipal fire department or departments with respect thereto\nshall be required at the hearing.\n  3. Upon the basis of the record the department shall render a\ndecision, (a) permitting the facility to continue at the location, under\nsuch terms, conditions, or modification of procedures as the department\nmay deem appropriate; or (b) directing discontinuance of the facility\nupon a showing of alternate means of meeting the service needs currently\nsatisfied thereby, or upon a showing that the service needs currently\nsatisfied thereby are not sufficient to outweigh the public interest in\nsafety within the terms of section 23-1711. Location within a\nresidential area or in dangerous proximity to contiguous populations\nshall not, in and of themselves, be determinative with respect to the\ndepartment determination, but shall be considered along with the other\nfactors set forth in section 23-1709 as criteria for siting, and the\ninformation elicited before and at the hearing with respect to the\ntraining and qualification of municipal fire department personnel to\ncontrol or extinguish fires related to the facility under subdivision\ntwo of this section, in determining whether or not to permit\ncontinuation of the facility at the existing location. In the event it\nis determined to permit continuation of the facility, it shall be under\nsuch limitations in terms of time and conditions as will permit the\ndepartment currently to review the status of the facility, and to\nintegrate its continued operation with the regulation of other\nfacilities and activities subject to this title to be certified under\nsections 23-1707 and 23-1713. In the event it is determined to direct\ndiscontinuance of the facility, it may be effected over the course of a\nphase-out period not to exceed three years from the date of\ndetermination, in order to arrange for alternate facilities or other\nmeans of meeting approved service needs of the area currently served by\nthe facility. In connection with the foregoing, it shall be appropriate\nat the hearing or hearings provided under this section to receive\nevidence with regard to capital investment in any such non-conforming\nfacility, the extent of amortization and of tax writeoff thereof,\nadaptability for alternate use, availability of alternate siting or\nmeans of meeting demonstrated and approved service needs of the area.\nWith regard thereto, it shall be appropriate to solicit information and\nrecommendations from the public service commission with respect to\nconsumer needs and the meeting thereof in economical fashion consistent\nwith the requirements of this title, and from the state energy office,\nif established, with regard to state energy policy. The cost of the\nhearing and of allocated departmental overhead shall be assessed against\nthe non-conforming facility pursuant to subdivisions two and three of\nsection 23-1715. It is anticipated that any hearing or hearings held\nunder this section with regard to non-conforming facilities will also\nrelate to the function of the department in adopting regulations\nestablishing criteria for the siting of liquefied natural and petroleum\ngas facilities, and such shall also be considered in the allocation of\nexpense with regard to hearing or hearings held under this section.\n
N.Y. ENV Law § 15-1745 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1745
Prohibited diversions
Status: in_force

§ 15-1745. Prohibited diversions.\n  1. Unless a license has been obtained therefor under this title, or\nthe diversion of such waters is subject to the charging or imposition of\nan equitable rental under this title, it shall be unlawful for any\nperson or public corporation who has been notified by the department to\ndesist from such conduct, to willfully take, divert, draw or make use\nof, for power and/or other commercial or manufacturing purposes:\n  a. waters, or the bed or other real property required for the use of\nsuch waters, in which the state has a proprietary right or interest;\n  b. boundary waters of the state concerning which the state has\njurisdiction over the diversion or interference with the flow of the\nsame for power purposes, solely or concurrently with any other\njurisdiction or owner of a proprietary right.\n  2. The use of such water, except when the right to the use thereof has\nbeen acquired by means of a written license issued pursuant to the\nprovisions of title 17 of this article, or when the diversion of such\nwater is subject to the charging or imposition of an equitable rental\npursuant to the provisions of subdivision 1 of section 15-1719 of this\narticle, shall be prima facie evidence of the wilfulness of the taking,\ndrawing, diversion or use thereof and of the guilt of the person taking,\ndiverting or making use thereof.\n
N.Y. ENV Law § 15-1719 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1719
Equitable rental for Niagara River water
Status: in_force

§ 15-1719. Equitable rental for Niagara River water.\n  The department shall have the power to fix and determine, after a\nhearing held upon notice to the parties interested, the amount of an\nequitable rental, which is hereby charged pursuant to the reservations\nmade in chapter 597 of the laws of 1918 for the diversion, as specified\nin such chapter, of water from the Niagara River in excess of a daily\ndiversion at the rate of fifteen thousand one hundred cubic feet per\nsecond, and also, from July 1, 1943, the amount of an equitable rental,\nwhich is hereby charged, for the diversion of water from the Niagara\nRiver to the extent of a daily diversion at the rate of fifteen thousand\none hundred cubic feet per second and not otherwise subject to the\nimposition of an equitable rental as specified in such chapter. Such\nrental shall be fixed in like manner as if application were made for a\nlicense under the provisions of title 17 of this article before the\nwater was used, and the people of the state may sue for and collect in\nbehalf of the state such rentals as so fixed and determined.\n
N.Y. ENV Law § 11-1721 — New York Code / Act ENV / Article 11 / Title 17 / Section 11-1721
Identification of carcasses and parts thereof
Status: in_force

§ 11-1721. Identification of carcasses and parts thereof.\n  1. The provisions of this section apply to carcasses and parts thereof\nof\n  a. domestic game killed on the premises of the holder of a domestic\ngame bird breeder's license pursuant to section 11-1901 of this article,\ndomestic game animal breeder's license pursuant to section 11-1905 of\nthis article or shooting preserve license pursuant to section 11-1903 of\nthis article;\n  b. bear possessed under license pursuant to section 11-0515 of this\narticle or outside the state under a license similar in principle and\nkilled for food purposes;\n  c. trout, black bass, lake trout, landlocked salmon, muskellunge,\npike, pickerel and walleye taken from fishing preserve waters licensed\npursuant to section 11-1913 of this article.\n  2. All such carcasses and parts shall be identified with a form\nprovided by the department.\n  3. Carcasses and parts shall not be possessed unless accompanied by a\nform provided by the department as required by this section.\n
N.Y. PBA Law § 2410 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2410
State and municipalities not liable on bonds, notes or insurance commitments or contracts or development corporation credit support
Status: in_force

§ 2410. State and municipalities not liable on bonds, notes or\ninsurance commitments or contracts or development corporation credit\nsupport. The bonds, notes, insurance commitments or contracts or\ndevelopment corporation credit support and other obligations of the\nagency shall not be a debt of the state of New York or of any\nmunicipality, and neither the state nor any municipality shall be liable\nthereon, nor shall they be payable out of any funds other than those of\nthe agency.\n
N.Y. ENV Law § 15-1723 — New York Code / Act ENV / Article 15 / Title 17 / Section 15-1723
Contribution to the cost of headwater improvement
Status: in_force

§ 15-1723. Contribution to the cost of headwater improvement.\n  Licensees and persons exercising rights conferred by title 17 of this\narticle shall be liable for any payments or charges resulting from the\nimprovement of headwaters under the provisions of title 21 and title 23\nof this article, according to their respective interests in the property\nbenefited.\n
N.Y. ENV Law § 9-1709 — New York Code / Act ENV / Article 9 / Title 17 / Section 9-1709
General powers and duties of the department
Status: in_force

§ 9-1709. General powers and duties of the department.\n  1. The department, in cooperation with the department of agriculture\nand markets, shall restrict the sale, purchase, possession, propagation,\nintroduction, importation, transport and disposal of invasive species\npursuant to this section. The department and the department of\nagriculture and markets in consultation with the council, shall, after\npublic hearing, promulgate joint regulations to develop:\n  (a) a permit for prohibited species disposal, control, research and\neducation;\n  (b) a list of prohibited species, which shall be unlawful to knowingly\npossess with the intent to sell, import, purchase, transport or\nintroduce;\n  (c) a list of prohibited species which shall be unlawful to import,\nsell, purchase, propagate, transport, or introduce except under a permit\nfor disposal, control, research, or education; and\n  (d) a list of regulated species which shall be legal to possess, sell,\nbuy, propagate and transport but may not be knowingly introduced into a\nfree-living state or introduced by a means that one knew or should have\nknown would lead to the introduction into a free-living state.\n  As part of the regulatory process, the departments and the council\nshall consider establishing grace periods for prohibited and regulated\nspecies so businesses can plan the management of existing stock.\n  2. For the purpose of carrying out the provisions of this title, the\ndepartment in cooperation with the department of agriculture and markets\nshall have the authority, within funds available, to:\n  (a) establish, operate and maintain state-wide databases and\nclearinghouses for all taxa of invasive species that incorporate\nexisting data from agencies and organizations in the state, as well as\nfrom nearby states, provinces, Canada, and the federal government. Such\ndatabases and clearinghouses may provide the aggregate data on-line in a\nGIS;\n  (b) coordinate state agency and public authority actions to do the\nfollowing:\n  (i) phasing out uses of invasive species;\n  (ii) expanding use of native species;\n  (iii) promoting private and local government use of native species as\nalternatives to invasive species; and\n  (iv) wherever practical and where consistent with watershed and/or\nregional invasive species management plans, prohibiting and actively\neliminating invasive species at project sites funded or regulated by the\nstate; and\n  (c) in collaboration with the council, aid in the review and reform of\nrelevant regulatory processes to remove unnecessary impediments to the\nrestoration of invaded ecosystems.\n
N.Y. PBA Law § 2411 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2411
Agreement of the state
Status: in_force

§ 2411. Agreement of the state. The state of New York does hereby\npledge to and agree with the holders of any bonds or notes or any\nmortgage insurance contract issued under this title that the state will\nnot limit or alter the rights hereby vested in the agency to fulfill the\nterms of any agreements made with the holders thereof, or in any way\nimpair the rights and remedies of such holders until such bonds or notes\ntogether with the interest thereon, with interest on any unpaid\ninstallments of interest, or insurance contracts and all costs and\nexpenses in connection with any action or proceedings by or on behalf of\nsuch holders, are fully met and discharged. The agency is authorized to\ninclude this pledge and agreement of the state in any agreement with the\nholders of such bonds or notes or insurance contracts.\n
N.Y. PBA Law § 2404 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2404
Powers of the agency
Status: in_force

§ 2404. Powers of the agency. Except as otherwise limited by this\ntitle, the agency shall have power:\n  (1) To sue and be sued;\n  (2) To have a seal and alter the same at pleasure;\n  (3) To make and execute contracts and all other instruments necessary\nor convenient for the exercise of its powers and functions under this\ntitle;\n  (4) To make and alter by-laws for its organization and internal\nmanagement;\n  (5) To acquire, hold and dispose of real and personal property for its\ncorporate purposes;\n  (6) To appoint officers, agents and employees, prescribe their duties\nand qualifications and fix their compensation;\n  * (7) To (a) acquire, and contract to acquire, existing mortgages\nowned by banks and to enter into advance commitments to banks for the\npurchase of said mortgages, all subject to the provisions of section\ntwenty-four hundred five of this part, (b) acquire, and contract to\nacquire, forward commitment mortgages made by banks and to enter into\nadvance commitments to banks for the purchase of said mortgages, all\nsubject to the provisions of section twenty-four hundred five-b of this\npart, (c) acquire, and contract to acquire, new housing loans made by\nbanks and to enter into advance commitments to banks for the purchase of\nsaid housing loans, all subject to the provisions of section twenty-four\nhundred five-c of this part, (d) to acquire and contract to acquire\nmortgages pursuant to section twenty-four hundred five-d of this title,\nand (e) acquire, and contract to acquire, new construction mortgage\nloans for single-family modular or manufactured housing purchased and\nsited on land owned by banks and to enter into advance commitments to\nbanks for the purchase of such mortgages, all subject to the provisions\nof section twenty-four hundred five-b of this part;\n  * NB Effective until July 23, 2027\n  * (7) To acquire, and contract to acquire, mortgages owned by banks\nand to enter into advance commitments to banks for the purchase of said\nmortgages, all subject to the provisions of section two thousand four\nhundred five of this title;\n  * NB Effective July 23, 2027\n  (8) Subject to any agreement with bondholders or noteholders, to\ninvest moneys of the agency not required for immediate use, including\nproceeds from the sale of any bonds or notes, in obligations of the\nstate or the United States of America or obligations the principal and\ninterest of which are guaranteed by the state or the United States of\nAmerica or in certificates of deposit or time deposits secured in such\nmanner as the agency shall determine, or in obligations of any agency of\nthe state or the United States of America which may from time to time be\nlegally purchased by savings banks within the state as an investment of\nfunds belonging to them or in their control, or in obligations of the\nFederal National Mortgage Association.\n  (9) Subject to any agreement with bondholders or noteholders, to sell\nany mortgages or other personal property acquired by the agency at\npublic or private sale and at such price or prices as it shall\ndetermine, provided, however, that a private sale shall be limited to an\nagency of the federal government, the federal national mortgage\nassociation, or a sale of a mortgage to a bank from which it was\noriginally purchased. If the agency determines to sell mortgages at\npublic sale, a notice of such sale shall be published at least once at\nleast five days prior to the date of such sale in a financial newspaper\nor journal published in the city of New York;\n  (10) Subject to any agreement with bondholders or noteholders, to\npurchase bonds or notes of the agency, which shall thereupon be\ncancelled, at a price not exceeding (a) if the bonds or notes are then\nredeemable, the redemption price then applicable plus accrued interest\nto the next interest payment date thereon, or (b) if the bonds or notes\nare not then redeemable, the redemption price applicable on the first\ndate after such purchase upon which the notes or bonds become subject to\nredemption at the option of the agency plus accrued interest to said\ndate;\n  (11) To borrow money and to issue negotiable bonds and notes and to\nprovide for the rights of the holders thereof;\n  (12) To engage the services of private consultants on a contract basis\nfor rendering professional and technical assistance and advice;\n  (13) To make and execute contracts for the servicing of mortgages\nacquired by the agency pursuant to this title, and to pay the reasonable\nvalue of services rendered to the agency pursuant to those contracts;\n  (14) To renegotiate, refinance or foreclose, or contract for the\nforeclosure of, any mortgage in default; to waive any default or consent\nto the modification of the terms of any mortgage; to commence any action\nto protect or enforce any right conferred upon it by any law, mortgage,\ncontract or other agreement, and to bid for and purchase such property\nat any foreclosure or at any other sale, or acquire or take possession\nof any such property; to operate, manage, lease, dispose of, and\notherwise deal with such property, in such manner as would further the\npurposes of the agency, subject to any agreement with its bondholders or\nnoteholders;\n  (15) To contract for and to accept any gifts or grants or loans of\nfunds or property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof, or from any other source and\nto comply, subject to the provisions of this title, with the terms and\nconditions thereof;\n  (16) To enter into agreements, in its discretion, to pay annual sums\nin lieu of taxes to any municipality or taxing district of the state in\nrespect of any real property which is owned by the agency and located in\nsuch municipality or taxing district, provided, however, that the amount\nso paid for any year upon such property shall not exceed the sum last\npaid as taxes on such property to such municipality or taxing district\nprior to the time of its acquisition by the agency;\n  (17) Make and contract to make loans and purchase and contract to\npurchase loans made by banks, pension funds, credit unions, colleges or\nvocational institutions, all subject to the provisions of section\ntwenty-four hundred five-a of this title;\n  (18) Procure or require the procurement of a policy or policies of\ngroup life insurance to insure repayment of loans made or acquired by\nthe agency in event of the death of the borrower;\n  (19) Subject to provisions of section two thousand four hundred five-a\nand any agreement with bondholders or noteholders, renegotiate or\nrefinance any loan in default; waive any default or consent to the\nmodification of the terms of any loan; forgive all or part of any\nindebtedness; and commence any action or proceeding to protect or\nenforce any right conferred upon it by law, loan agreement, contract or\nother agreement;\n  (20) Prescribe standards and criteria for the granting of applications\nfor loans and loan purchases, insofar as such standards and criteria are\nnot inconsistent with this title;\n  (21) Make and execute contracts for the administration or servicing of\nany loan made or acquired by the agency and pay the reasonable value of\nservices rendered to the agency pursuant to such contracts;\n  (22) Subject to any agreement with bondholders or noteholders, sell\nany loans made or acquired by the agency at public or private sale and\nat such price or prices and on such terms as the agency shall determine;\n  (23) Establish, revise from time to time, charge and collect such\npremiums or fees in connection with loans and purchases, as the agency\nshall determine.\n  (23-a) To and shall develop, promote and ensure that, where possible,\nminority groups which traditionally have been disadvantaged, and women\nare afforded equal opportunity for contracts in connection with\ndevelopment and construction contracts for developments, facilities and\nprojects financed by the issuance of bonds, notes and other obligations\nof the agency.\n  (24) To establish and administer a mortgage credit certificate\nprogram, as defined in the internal revenue code of the United States,\nin conformity with that and other applicable provisions of such code and\nany regulations issued thereunder by the United States department of the\ntreasury, to issue mortgage credit certificates pursuant to such\nprogram, and to make all elections and determinations relating to such\nprogram, including without limitation, an election not to issue all or\nany portion of the private activity bond volume allocated to the agency.\n  (25) In connection with the issuance of bonds for the purpose of\nfurthering forward commitment mortgage programs described in section\ntwenty-four hundred five-b of this title, where the mortgagor is to\nreceive mortgage credit certificates issued by the agency, to covenant\nand consent that the interest on any of its bonds shall be includible,\nunder the United States Internal Revenue Code of nineteen hundred\neighty-six, as amended or any subsequent corresponding internal revenue\nlaw of the United States, in the gross income of the holders of the\nbonds to the same extent and in the same manner that the interest on\nbills, bonds, notes or other obligations of the United States is\nincludible in the gross income of the holders thereof under said\nInternal Revenue Code or any such subsequent law.\n  (26) Participation in housing programs. Subject to any agreement with\nbondholders and noteholders, the agency is hereby authorized, at the\ndirection of the director of the budget, to transfer to the state\ncomptroller for deposit in the New York state infrastructure trust fund\nto the credit of the housing reserve account established by section\neighty-eight of the state finance law, as an expense of the agency, any\npayment, less applicable expenses, received on account of interest and\nprincipal on any mortgages owned by the agency pursuant to the agency\nadditional mortgage loan fund established pursuant to the homeowner\nmortgage revenue bonds general resolution and not pledged (i) to pay\nprincipal of and interest on bonds and notes pursuant to any resolution\nor trust indenture under which bonds or notes of the agency are\nauthorized to be issued, (ii) to the payment of losses upon the\nforeclosure, default or delinquency of mortgage loans pledged under any\nresolution or trust indenture under which bonds or notes of the agency\nare authorized to be issued and (iii) to pay the reimbursement\nobligation of the agency to any providers of credit enhancement with\nrespect to (i) or (ii) above in connection with any resolution. Such\ntransfer shall be made in such amounts and at such times as specified in\nan agreement executed between the agency and the director of the budget,\nprovided, however, that no further transfers for deposit shall be made\nto such housing reserve account from the agency after the sum of (i) the\ncumulative total of such deposits and (ii) the payments of the aggregate\nreserve amount of the agency made pursuant to section seven of the\nchapter of the laws of nineteen hundred eighty-eight adding this\nsubdivision, equals eighty million dollars.\n  (27) Additional participation in housing or other state programs. (a)\nSubject to any agreement with bondholders and noteholders, the agency is\nhereby authorized, at the direction of the director of the budget, to\ntransfer to the state comptroller for deposit in such fund or account as\nprovided in such direction as an expense of the agency, an amount not to\nexceed twenty-two million dollars, provided that such amount is made\navailable to the agency directly or indirectly pursuant to (i) the\nagency's defeasance of its home mortgage revenue bonds, series one\nthrough four and/or (ii) the issuance of bonds or notes, proceeds of\nwhich will be transferred to the state and used for the purpose of state\nprograms, which bonds or notes shall be payable in whole or in part from\nassets made available to the agency pursuant to such defeasance. Such\ntransfer shall be made in such amounts and at such times as specified in\nan agreement or agreements executed between the agency and the director\nof the budget, with copies to be provided to the chairman of the\nassembly ways and means committee and the chairman of the senate finance\ncommittee.\n  (b) The provisions of section seventeen of the public officers law\nshall apply to members of the board of directors, officers, employees\nand agents of the agency in connection with any and all claims, demands,\nsuits, actions or proceedings which may be made or brought against any\nof them arising out of any determinations made or actions taken or\nomitted to be taken in compliance with any undertakings under or\npursuant to the terms of this subdivision. The provisions of this\nparagraph shall be in addition to and shall not supplant any\nindemnification or other benefits heretofore or hereafter conferred upon\nmembers of the board of directors, officers, employees and agents of the\nagency, by action of such agency or otherwise.\n  (c) The state shall and hereby agrees to and does indemnify and save\nharmless the agency from and against any and all liability, loss,\ndamage, interest, judgments and liens growing out of, and any and all\ncosts and expenses (including, but not limited to, counsel fees and\ndisbursements) arising out of or incurred in connection with any and all\nclaims, demands, suits, actions or proceedings which may be made or\nbrought against it arising out of any determinations made or actions\ntaken or omitted to be taken or compliance with any obligations under or\npursuant to the terms of this subdivision; except for fraudulent acts,\nactions taken in bad faith, gross negligence or willful misconduct.\n  (28) To establish and administer a lease-purchase program or programs\nin accordance with section twenty-four hundred five-d of this title.\n  (29) To pay or reimburse any federal recapture income tax payable by a\nborrower in connection with a mortgage loan;\n  (30) To make loans secured by mortgages secured by a second lien on a\nfee simple or leasehold estate in real property located in the state and\nimproved by a residential structure, whether or not insured or\nguaranteed by the United States of America or any agency thereof,\nprovided however, that the loan made by the agency and secured by such\nsecond lien is made at the same time as a first lien securing a mortgage\nloan purchased by the agency pursuant to its programs or by a government\nsponsored enterprise.\n  (31) To administer the fund and operate the program set forth in\nsection twenty-four hundred five-f of this part.\n  (32) To form a subsidiary to be known as "the state of New York\nmortgage agency community restoration fund" for the purpose of using\nfunds available to the agency under the program set forth in section\ntwenty-four hundred five-f of this part and of owning and holding any\nresidences, mortgages and mortgage notes acquired by the agency, and to\notherwise carry out the purposes of section twenty-four hundred five-f\nof this part. Such subsidiary created pursuant to this subdivision may\nexercise and perform one or more of the purposes, powers, duties,\nfunctions, rights and responsibilities of the agency, other than the\nissuance of indebtedness, in connection with real and personal property\nwith respect to which the agency holds or held a mortgage, security\ninterest or other collateral. Such subsidiary shall have the power to\nown, acquire and dispose of real property, and to acquire, own and hold,\nservice and dispose of mortgages and mortgage notes. It shall have the\nright to foreclose or contract to foreclose on any mortgage acquired by\nsuch subsidiary, under the laws of the state, to commence any action to\nprotect or to enforce the rights conveyed to it by law, contract or any\nagreement and to dispose of any such property and to otherwise proceed\nwith any action as may be necessary to protect the interests of said\nsubsidiary. Notwithstanding any other provision of law to the contrary,\nthe transfer of title to such subsidiary or any other actions taken by\nthe agency or such subsidiary to enforce the agency's rights under the\nmortgage, security interest or other collateral interest or to protect,\nacquire, own, manage or dispose of the property shall be deemed to be a\ncorporate purpose of the agency granted to it to carry out the purposes\nof section twenty-four hundred five-f of this part. Such subsidiary\nshall be established in the form of a public benefit corporation by\nexecuting and filing with the secretary of state a certificate of\nincorporation which shall identify the agency as the entity organizing\nsuch subsidiary and set forth the name of such subsidiary public benefit\ncorporation, its duration, the location of its principal office and its\ncorporate purposes as provided in this subdivision and which certificate\nmay be amended from time to time by the filing of amendments thereto\nwith the secretary of state, provided that the subsidiary created\nhereunder shall cease to exist at such time as the program authorized\nunder section twenty-four hundred five-f of this part is no longer in\nexistence. Such subsidiary shall be organized as a public benefit\ncorporation, shall be a body politic and corporate, and shall have all\nthe privileges, immunities, tax exemptions and other exemptions of the\nagency. The members of such subsidiary shall be the same as the members\nof the agency.\n  (33) To do any and all things necessary or convenient to carry out its\npurposes and exercise the powers given and granted in this title.\n
N.Y. ENV Law § 71-1705 — New York Code / Act ENV / Article 71 / Title 17 / Section 71-1705
Rules and regulations of the department; evidence
Status: in_force

§ 71-1705. Rules and regulations of the department; evidence.\n  The rules and regulations of the department promulgated pursuant to\nthe provisions of this chapter listed in section 71-1701, and of titles\n17 through 21 inclusive of this article, or the statutes from which they\nwere derived, may be read in evidence from the official compilation of\ncodes, rules and regulations of the state of New York, or supplement\nthereto. To entitle any copy of the said rules and regulations, other\nthan those in the official compilation or supplement thereto, to be read\nin evidence there shall be contained in the same book or pamphlet a\nprinted certificate of the Secretary of State that such copy is a\ncorrect transcript of the text of the said rules and regulations as\npublished in the official compilation or supplement thereto. For such a\ncertificate the secretary of state shall collect such a fee as he shall\ndeem just and reasonable.\n
N.Y. PBA Law § 2425 — New York Code / Act PBA / Article 8 / Title 17 / Part 2 / Section 2425
Statement of legislative findings and purpose with respect to insurance commitments or contracts by the agency
Status: in_force

§ 2425. Statement of legislative findings and purpose with respect to\ninsurance commitments or contracts by the agency. It is hereby found\nthat there exist in many cities, towns and villages of the state\nneighborhoods which are blighted, are becoming blighted or may become\nblighted because of substandard, insanitary, deteriorated or\ndeteriorating conditions, including undermaintained and deteriorating\nhousing accommodations and related retail and other community\nfacilities.\n  It is further found that there exists throughout the state a seriously\ninadequate supply of safe, sanitary and affordable housing\naccommodations for persons of low income. As a result, a large portion\nof the state's population, including many persons of low income, must\ncontinue to reside in undermaintained and deteriorating housing\naccommodations. These conditions are contrary to the public interest and\nthreaten the health, safety, welfare, comfort and security of the people\nof the state.\n  It is further found that a deficiency of mortgage financing is one of\nthe causes of the above conditions. The unaided efforts of private\nenterprise have not been able to provide nor can they provide sufficient\nfunds to refinance existing mortgage indebtedness and to undertake\nnecessary preservation and rehabilitation of housing accommodations and\nrelated retail and other community facilities within neighborhoods which\nare blighted, are becoming blighted or may become blighted.\n  It is further found that the lack of mortgage insurance for loans to\nrefinance existing indebtedness and to undertake necessary preservation\nand rehabilitation of housing accommodations and related retail and\nother community facilities within such neighborhoods is one reason that\nthe available funds are not sufficient to satisfy the mortgage financing\nneeds of such neighborhoods.\n  It is further found that the conditions set forth herein accelerate\nthe deterioration of housing accommodations, related retail and other\ncommunity facilities as well as the neighborhoods in which such real\nproperty is located. Uncorrected, such conditions will increase the rate\nof abandonment and destruction of housing accommodations and related\nretail and other community facilities. Abandonment and destruction, in\nturn, erode the local tax base, which deprives cities, towns and\nvillages of revenues needed for essential services such as police,\nsanitation and fire fighting. Failure to fund essential services could\nrequire the state to provide costly financial assistance to ameliorate\nthe emergency conditions thus created.\n  It is further found that if mortgage insurance were available for\nloans to refinance existing indebtedness and to undertake necessary\npreservation and rehabilitation of housing accommodations and related\nretail and other community facilities, the conditions of blight within\nsuch neighborhoods could be ameliorated or averted.\n  It is therefore declared to be a public purpose of the state, in order\nto promote the preservation of neighborhoods which are blighted, are\nbecoming blighted or may become blighted, to provide safe, sanitary and\naffordable housing accommodations to persons, including those of low\nincome, who reside in such neighborhoods, and to discourage\ndisinvestment and encourage the investment of mortgage capital in the\nreal estate situated in such neighborhoods by authorizing the agency to\ninsure qualified mortgage loans in such neighborhoods subject to the\nterms and provisions hereinafter set forth.\n  The necessity in the public interest for the provisions hereinafter\nenacted is hereby declared as a matter of legislative determination.\n  * Also, it is hereby found that it has become very expensive and\nprogrammatically restrictive for the agency and for other entities to\npurchase mortgage pool insurance coverage. It is therefore declared to\nbe in the public interest to authorize the agency to use the mortgage\ninsurance fund to provide mortgage pool insurance for mortgages which\nthe agency purchases pursuant to its programs, and to provide mortgage\npool insurance for certain other entities in accordance with the\nprovisions of this title.\n  * NB Repealed July 23, 2027\n  Also, it is hereby found and declared that it is in the public\ninterest to facilitate the financial activities of the development\ncorporation by providing a source or potential source of payment into\nfunds established by such corporation for the payment of financial\nobligations or financial rights of such corporation under bonds or\nancillary bond facilities.\n
N.Y. PBA Law § 2419-A — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2419-A
Additional reports
Status: in_force

§ 2419-a. Additional reports. 1. Within six months after the end of\nits fiscal year the agency shall submit to the governor, the majority\nleader of the senate, the speaker of the assembly, the comptroller and\nthe director of the budget a complete and detailed report setting forth\ndata establishing compliance with the provisions of subdivision three of\nsection twenty-four hundred five of this article by the agency and each\nbank which participated in the agency's purchase of mortgages from the\nproceeds of the sale of each issue by the agency of its bonds and notes\nmade on and after the effective date of this section.\n  2. The agency shall provide to the commissioner of housing and\ncommunity renewal, on a timely basis, with the data and other\ninformation necessary to compile the report or reports required pursuant\nto section twenty of the public housing law.\n
N.Y. ENV Law § 11-1733 — New York Code / Act ENV / Article 11 / Title 17 / Section 11-1733
Taxidermy
Status: in_force

§ 11-1733. Taxidermy.\n  Persons engaged for hire in the business of preparing, stuffing or\nmounting of skins of fish or wildlife shall keep in their place of\nbusiness a true and complete record, in such form as is required by the\ncommissioner showing the name or description of every specimen received,\nthe date of receipt and the name and address of the person from whom\nreceived. In addition, such persons shall also record all bear\ngallbladders and bile received along with information from the valid\nbear tag required in paragraph b of subdivision nine of section 11-0917\nof this article. In the event that such person sells or barters any\ngallbladder or bile the record shall also include the name and address\nof the person or persons to whom such items were sold or bartered. Such\ninformation shall be reported to the department annually and retained\nfor at least five years. Conservation officers and other persons\nauthorized by the department shall have access to the register at all\ntimes.\n
N.Y. GOB Law § 5-1703 — New York Code / Act GOB / Article 5 / Title 17 / Section 5-1703
Required disclosures to payee
Status: in_force

§ 5-1703. Required disclosures to payee. Not less than ten days prior\nto the date on which the payee signs a transfer agreement, the\ntransferee shall provide to the payee by first class mail and certified\nmail, return receipt requested or United States postal service priority\nmail, a separate disclosure statement, in bold type no smaller than\nfourteen points, setting forth:\n  (a) the amounts and due dates of the structured settlement payments to\nbe transferred;\n  (b) the aggregate amount of such payments;\n  (c) the discounted present value of the payments to be transferred,\nwhich shall be identified as the "calculation of current value of the\ntransferred structured settlement payments under federal standards for\nvaluing annuities", and the amount of the applicable federal rate used\nin calculating such discounted present value;\n  (d) the price quote from the original annuity issuer or, if such price\nquote is not readily available from the original annuity issuer, then a\nprice quote from two other annuity issuers that reflects the current\ncost of purchasing a comparable annuity for the aggregate amount of\npayments to be transferred;\n  (e) the gross advance amount and the annual discount rate, compounded\nmonthly, used to determine such figure;\n  (f) an itemized listing of all commissions, fees, costs, expenses and\ncharges payable by the payee or deductible from the gross amount\notherwise payable to the payee and the total amount of such fees;\n  (g) the net advance amount including the statement: "The net cash\npayment you receive in this transaction from the buyer was determined by\napplying the specified discount rate to the amount of future payments\nreceived by the buyer, less the total amount of commissions, fees,\ncosts, expenses and charges payable by you";\n  (h) the amount of any penalties or liquidated damages payable by the\npayee in the event of any breach of the transfer agreement by the payee;\nand\n  (i) a statement that the payee has the right to cancel the transfer\nagreement, without penalty or further obligation, not later than the\nthird business day after the date the agreement is signed by the payee.\n
N.Y. ENV Law § 17-1704 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1704
Discharge of sewage and other offensive matter from new or renovated wastewater disposal systems to the surface waters of the Owasco lake...
Status: in_force

§ 17-1704. Discharge of sewage and other offensive matter from new or\n             renovated wastewater disposal systems to the surface waters\n             of the Owasco lake watershed extending from the city dam on\n             the outlet to the existing Moravia village outfall sewer on\n             the inlet are prohibited.\n  1. No person or corporation shall cause or permit the fall, flow or\ndischarge into the surface waters of the Owasco lake watershed extending\nfrom the city dam on the outlet to the existing Moravia village outfall\nsewer on the inlet, of any sewage matter, or other foul, noxious or\ndeleterious, solid or liquid matter or effluent from any wastewater\ndisposal system located therein except for those operating under a duly\nauthorized permit from the state or county health departments and except\nfor run-off from accepted agricultural practices.\n  2. Existing permitted surface water outlets shall be eliminated by\nJanuary 1, 1991. In the event of change of ownership or major alteration\nor renovations to existing wastewater disposal systems, the existing\nwastewater outlets shall be eliminated and be replaced by an approved\nsub-surface disposal system.\n  3. The Cayuga county board of health shall examine any alleged offense\nof this section within its jurisdiction and cause the same to be abated\nby injunction or otherwise if found to exist.\n
N.Y. ENV Law § 23-1727 — New York Code / Act ENV / Article 23 / Title 17 / Section 23-1727
Severability
Status: in_force

§ 23-1727. Severability.\n  If any part of this title or the application thereof to any person or\ncircumstances shall be adjudged to be invalid by a court of competent\njurisdiction, such order or judgment shall be confined in its\napplicability to the controversy in which it was rendered, and not\naffect or invalidate the remainder of any provision of any section or\nsubdivision hereof or the application of any part of the act so\ninterpreted, or otherwise, to any other person or circumstance, and to\nthis end the provisions of each section of the act, and of subdivisions\nand parts thereof, are hereby declared to be separable.\n
N.Y. ENV Law § 17-1741 — New York Code / Act ENV / Article 17 / Title 17 / Section 17-1741
Sewerage; construction; villages
Status: in_force

§ 17-1741. Sewerage; construction; villages.\n  1. Whenever any local board of health in any incorporated village\nshall deem the sewers of such village insufficient to properly and\nsafely sewer such village, and protect the public health, it shall\ncertify such fact in writing, stating and recommending what additions or\nalterations should in the judgment of such board of health be made, with\nits reasons therefor, to the commissioner for his approval.\n  2. If such recommendations shall be approved by the commissioner, and\nthe plans therefor be approved by the department, it shall be the duty\nof the board of trustees or other board or officials of such village\nhaving jurisdiction of the construction of sewers therein, whether\nsufficient funds shall be on hand for such purpose or not, to forthwith\nmake such additions to or alterations in the sewers of such village and\nexecute such recommendations.\n  3. The expenses of such additions to, or alterations to the sewerage\nof such village shall be paid for wholly by said village in the same\nmanner as other village expenses are paid or by an assessment of the\nwhole amount against the property benefited, or partly by the village\nand partly by an assessment against the property benefited, as the board\nof trustees of such village shall by resolution determine.\n  4. If the board of trustees shall determine that such expenses shall\nbe paid partly by the village and partly by an assessment against the\nproperty benefited, as authorized by this section, it shall in the\nresolution making such determination fix the proportion of such expense\nto be borne by each, and the proportion thereof to be raised by an\nassessment against the property benefited shall be assessed and\ncollected in the same manner provided by the Village Law for the\nassessment and collection of sewer assessments.\n  5. Said village is hereby authorized to raise such sum as may be\nnecessary for the payment of the expenses incurred, which are a village\ncharge, if any, as herein provided, in addition to the amount such\nvillage is now authorized to raise by law for corporation purposes, and\nsuch board shall have the right to acquire such lands, right of way, or\nother easements, by gift, or purchase, or in case the same cannot be\nacquired by purchase may acquire the same by condemnation in the manner\nprovided by law.\n
N.Y. PBA Law § 2408 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2408
Reserve funds and appropriations
Status: in_force

§ 2408. Reserve funds and appropriations. (1) The agency may create\nand establish one or more reserve funds to be known as debt service\nreserve funds and pay into any such reserve fund (a) any moneys\nappropriated by the state for the purposes of such fund, (b) any\nproceeds of sale of bonds and notes to the extent provided in the\nresolution of the agency authorizing the issuance thereof, (c) any\nmoneys directed to be transferred by the agency to such debt service\nreserve fund, and (d) any other moneys made available to the agency for\nthe purposes of such fund from any other source or sources. The moneys\nheld in or credited to any debt service reserve fund established under\nthis subdivision, except as hereinafter provided, shall be used solely\nfor the payment of the principal of bonds of the agency secured by such\ndebt service reserve fund, as the same mature, required payments to any\nsinking fund established for the amortization of such bonds (hereinafter\nreferred to as "sinking fund payments"), the purchase or redemption of\nsuch bonds of the agency, the payment of interest on such bonds of the\nagency or the payment of any redemption premium required to be paid when\nsuch bonds are redeemed prior to maturity, provided, however, that\nmoneys in such fund shall not be withdrawn therefrom at any time in such\namount as would reduce the amount of such fund to less than the maximum\namount of the principal and interest maturing and becoming due in any\nsucceeding state fiscal year on the bonds of the agency then outstanding\nand secured by such reserve fund, except for the purpose of paying the\nprincipal of and interest on such bonds of the agency secured by such\nreserve fund maturing and becoming due and sinking fund payments for the\npayment of which other moneys of the agency are not available. Any\nincome or interest earned by, or increment to, any such debt service\nreserve fund due to the investment thereof may be transferred to any\nother fund or account of the agency to the extent it does not reduce the\namount of such debt service reserve fund below the maximum amount of\nprincipal and interest maturing and becoming due in any succeeding state\nfiscal year on all bonds of the agency then outstanding and secured by\nsuch reserve fund. Moneys in any debt service reserve fund not required\nfor immediate use or disbursement may be invested in obligations of the\nstate or the United States of America or obligations the principal and\ninterest of which are guaranteed by the state or the United States of\nAmerica or in obligations of any agency of the state or the United\nStates of America which may from time to time be legally purchased by\nsavings banks within the state as an investment of funds belonging to\nthem or in their control. In computing the amount of any debt service\nreserve fund for the purposes of this section, securities in which all\nor a portion of such reserve fund are invested shall be valued at par\nor, if purchased at less than par, at their cost to the agency. If the\nagency shall create and establish one or more debt service reserve funds\nas herein provided, the agency shall not issue bonds at any time if the\nmaximum amount of principal and interest maturing and becoming due in a\nsucceeding state fiscal year on the bonds outstanding and then to be\nissued and secured by a debt service reserve fund will exceed the amount\nof such reserve fund at the time of issuance, unless the agency, at the\ntime of issuance of such bonds, shall deposit in such reserve fund from\nthe proceeds of the bonds to be issued, or otherwise an amount which\ntogether with the amount then in such reserve fund, will be not less\nthan the amount of principal and interest maturing and becoming due in\nany succeeding state fiscal year on the bonds then to be issued and on\nall other bonds of the agency then outstanding and secured by such\nreserve fund.\n  (2) To assure the continued operation and solvency of the agency for\nthe carrying out of the public purposes of this act, provision is made\nin subdivision one of this section for the accumulation in each debt\nservice reserve fund of an amount equal to the maximum amount of\nprincipal and interest maturing and becoming due in any succeeding state\nfiscal year on all bonds of the agency then outstanding and secured by\nsuch reserve fund. In order to further assure the continued operation\nand solvency of the agency for the fulfillment of its corporate\npurposes, there shall be annually apportioned and paid to the agency for\ndeposit in each debt service reserve fund such sum, if any, as shall be\ncertified by the chairman of the agency to the governor and director of\nthe budget, as necessary to restore any such debt service reserve fund\nto an amount equal to the maximum amount of principal and interest\nmaturing and becoming due in any succeeding state fiscal year on the\nbonds of the agency then outstanding and secured by such reserve fund;\nin which case such sum so apportioned and paid shall be deposited by the\nagency in such debt service reserve fund. The principal amount of bonds\nsecured by a debt service reserve fund or funds to which state funds are\napportionable pursuant to this subdivision shall be limited to the total\namount of bonds and notes outstanding on the effective date of this act,\nplus the total amount of bonds and notes contracted after the effective\ndate of this act to finance projects in progress on the effective date\nof this act as determined by the New York state public authorities\ncontrol board created pursuant to section fifty of this chapter whose\naffirmative determination shall be conclusive as to all matters of law\nand fact solely for the purposes of the limitations contained in this\nsubdivision, but in no event shall the total amount of bonds so secured\nby such a debt service reserve fund or funds exceed three hundred\neighty-seven million dollars, excluding bonds issued to refund such\noutstanding bonds until the date of redemption of such outstanding\nbonds. As outstanding bonds so secured are paid, the amount so secured\nshall be reduced accordingly but the redemption of such outstanding\nbonds from the proceeds of refunding bonds shall not reduce the amount\nso secured.\n  (3) The agency may create and establish such other reserve funds as it\nshall deem advisable and necessary.\n  (4) All amounts paid over to the agency by the state pursuant to the\nprovisions of this section shall constitute and be accounted for as\nadvances by the state to the agency and, subject only to the rights of\nthe holders of any bonds or notes of the agency theretofore or\nthereafter issued, shall be repaid to the state from all available\noperating revenues of the agency in excess of amounts required for the\ndebt service reserve funds and operating expenses.\n  (5) The chairman of the agency shall make and deliver to the governor\nand director of the budget on or before December first, nineteen hundred\nseventy and on or before December first in each year thereafter, a\ncertificate stating the amount estimated to be required for payment of\nor provision for expenses of the agency for the next ensuing state\nfiscal year. The amount so stated for any such ensuing state fiscal year\nshall be the sum of the amounts, if any, estimated for such fiscal year,\nby which anticipated operating expenses will exceed available operating\nrevenues that the agency anticipates with reasonable certainty it will\nreceive during such fiscal year. To assure the continued operation and\nsolvency of the agency for the fulfillment of its corporate purposes,\nthere shall be apportioned and paid to the agency after audit by and\nupon the warrant of the comptroller on vouchers certified or approved by\nthe officer or officers authorized by the agency, not more than the\namount so stated for expenses of the agency for such fiscal year.\n  (6) As used in this section, (a) the term "operating expenses" for the\nfiscal year shall mean ordinary expenditures for operation and\nadministration of the agency; and (b) the term "available operating\nrevenues" for the fiscal year shall mean all amounts received on account\nof mortgages acquired by the agency, fees charged by the agency, if any,\nand income or interest earned or added to funds of the agency due to the\ninvestment thereof, and not required under the terms or provisions of\nany covenant or agreement with holders of any bonds or notes of the\nagency to be applied to any purposes other than payment of expenses of\nthe agency.\n
N.Y. PBA Law § 2416 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2416
Actions
Status: in_force

§ 2416. Actions. In any case founded upon tort a notice of claim shall\nbe required as a condition precedent to the commencement of an action or\nspecial proceeding against the agency or any officer, appointee or\nemployee thereof, and the provisions of section fifty-e of the general\nmunicipal law shall govern the giving of such notice.\n  Except in an action for wrongful death, no action shall be commenced\n(a) prior to the expiration of thirty days from the date on which the\ndemand, claim or claims upon which the action is founded were presented\nto a director of the agency or other officer thereof designated for such\npurpose nor (b) more than one year and ninety days after the cause of\naction therefor shall have accrued. 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
N.Y. PBA Law § 2414 — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2414
Bonds and notes as legal investments for public officers and fiduciaries
Status: in_force

§ 2414. Bonds and notes as legal investments for public officers and\nfiduciaries. The bonds and notes of the agency are hereby made\nsecurities in which all public officers and bodies of this state and all\nmunicipalities and municipal subdivisions, all insurance companies and\nassociations and other persons carrying on an insurance business, all\nbanks, bankers, trust companies, savings banks and savings associations,\nincluding savings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nall administrators, guardians, executors, trustees and other\nfiduciaries, and all other persons whatsoever who are now or may\nhereafter be authorized to invest in bonds or other obligations of the\nstate, may properly and legally invest funds including capital in their\ncontrol or belonging to them. The bonds and notes are also hereby made\nsecurities which may be deposited with and may be received by all public\nofficers and bodies of this state and all municipalities and municipal\nsubdivisions for any purpose for which the deposit of bonds or other\nobligations of this state is now or may hereafter be authorized.\n
N.Y. ENV Law § 11-1701 — New York Code / Act ENV / Article 11 / Title 17 / Section 11-1701
Application of sections 11-1703, 11-1705 and 11-1707
Status: in_force

§ 11-1701. Application of sections 11-1703, 11-1705 and 11-1707.\n  1. Sections 11-1703, 11-1705 and 11-1707 apply to fish, wildlife and\ngame lawfully taken outside the state and lawfully transported from the\nplace of taking, except trout raised in a private hatchery, domestic\ngame as defined in section 11-0103, fish from a licensed fishing\npreserve and carcasses of foreign game as defined in section 11-1717.\n  2. Sections 11-1703, 11-1705, and 11-1707 do not limit the privileges\nof the holder of a license issued under section 11-0515 to import live\nfish and wildlife, or his privileges with respect to possession,\ntransportation and sale, within the state.\n  3. Fish referred to by their common names are the fish so referred to\nand more specifically identified in an order adopted pursuant to section\n11-1303 and in section 13-0339 of this chapter. The open seasons for\nfish are specified by order adopted pursuant to section 11-1305 of this\narticle; those for game are specified in sections 11-0905, 11-0907 and\n11-1103 of this article.\n  4. For the purposes of sections 11-1703, 11-1705 and 11-1707, there is\nan open season for a species (a) if it is a fish not protected by law or\nis unprotected wildlife, at any time, and (b) in any other case, at any\ntime when there is an open season for taking it, anywhere in the state.\n  5. Sections 11-1705, 11-1711, 11-1721, 11-1723 and 11-1725 do not\napply to the importation, possession, or sale of captive bred and raised\nNorth American elk (Cervus elaphus).\n
N.Y. PBA Law § 2405-B — New York Code / Act PBA / Article 8 / Title 17 / Part 1 / Section 2405-B
Purchase of forward commitment mortgages
Status: in_force

* § 2405-b. Purchase of forward commitment mortgages. (1) A purpose of\nthe agency shall be to purchase forward commitment mortgages from banks\nwithin the state during periods when there is an inadequate supply of\ncredit available for new residential mortgages or available for such\nloans at carrying charges within the financial means of persons and\nfamilies of low and moderate income.\n  It is hereby found and declared that such activities by the agency\nwill alleviate a condition in this state which is contrary to the public\nhealth, safety and general welfare and which has constituted in the past\nand from time to time in the future can be expected to constitute a\npublic emergency. It is further found and declared that such purposes\nare in all respects for the benefit of the people of the state of New\nYork and the agency shall be regarded as performing an essential\ngovernmental function in carrying out its purposes and in exercising the\npowers granted by this title.\n  (2) The agency shall purchase forward commitment mortgages from banks\nat such prices and upon such terms and conditions as it shall determine;\nprovided, however, that the total purchase price, exclusive of any\namounts representing a refund of commitment or other fees paid by a bank\nto the agency, for all mortgages which the agency commits to purchase\nfrom a bank at any one time shall in no event be more than the total of\nthe unpaid principal balances thereof, plus accrued interest thereon.\n  (3) In conducting its program of purchasing forward commitment\nmortgages, the agency shall be governed by the provisions of paragraph\n(b) of subdivision three of section twenty-four hundred five of this\npart; however, with respect to new construction loans for single-family\nmodular or manufactured housing purchased and sited on land, the agency\nshall be governed by the provisions of only subparagraph (iii) of\nparagraph (b) of subdivision three of section twenty-four hundred five\nof this part.\n  (4) The agency shall require as a condition of purchase of forward\ncommitment mortgages from banks that each such bank certify that each\nsuch forward commitment mortgage is to an individual borrower and is in\naddition to the mortgages such certifying bank otherwise would have\nmade.\n  (5) Notwithstanding the maximum interest rate, if any, fixed by\nsection 5-501 of the general obligations law or any other law not\nspecifically amending or applicable to this section, the agency may set\nthe interest rate to be borne by forward commitment mortgages purchased\nby the agency from banks at a rate or rates which the agency from time\nto time shall determine, provided however, that if such mortgages are\nfinanced through the issuance of the agency's bonds or notes, the\ninterest rate shall be at least sufficient, together with any other\navailable monies, to provide for the payment of its bonds and notes, and\nforward commitment mortgages bearing such interest rate shall not be\ndeemed to violate any such law or to be unenforceable if originated by a\nbank in good faith pursuant to an undertaking with the agency with\nrespect to the sale thereof notwithstanding any subsequent failure of\nthe agency to purchase the mortgage or any subsequent sale or\ndisposition of the mortgage by the agency to such bank or any other\nperson.\n  (6) The agency shall require the submission to it by each bank from\nwhich the agency has purchased forward commitment mortgages evidence\nsatisfactory to the agency of the making, and if applicable, the\nservicing, of such forward commitment mortgages in conformity with such\nbank's undertaking with the agency and in connection therewith may,\nthrough its employees or agents or those of the department of financial\nservices, inspect the books and records of any such bank.\n  (7) Compliance by any bank with the terms of its agreement with or\nundertaking to the agency with respect to the sale, and if applicable,\nthe servicing, of forward commitment mortgages may be enforced by decree\nof the supreme court. The agency may require as a condition of purchase\nof forward commitment mortgages from any bank the consent of such bank\nto the jurisdiction of the supreme court over any such proceeding. The\nagency may also require agreement by any bank, as a condition of the\nagency's purchase of forward commitment mortgages from such bank, to the\npayment of penalties to the agency for violation by the bank of its\nundertakings to the agency, and such penalties shall be recoverable at\nthe suit of the agency.\n  (8) The agency shall require as a condition of purchase of any forward\ncommitment mortgage from a bank that the bank represent and warrant to\nthe agency that:\n  (a) other than with respect to new construction loans for\nsingle-family modular or manufactured housing purchased and sited on\nland, the mortgage was not made in satisfaction of an obligation of the\nbank under section twenty-four hundred five of this part;\n  (b) the unpaid principal balance of the mortgage and the interest rate\nthereon have been accurately stated to the agency;\n  (c) the amount of the unpaid principal balance is justly due and\nowing;\n  (d) the bank has no notice of the existence of any counterclaim,\noffset or defense asserted by the mortgagor or any successor in\ninterest;\n  (e) the mortgage is evidenced by a bond or promissory note and a\nmortgage document which has been properly recorded with the appropriate\npublic official or by an instrument which shall constitute or create a\nsecurity interest in tangible personal property constituting modular or\nmanufactured housing purchased by the agency;\n  (f) the mortgage constitutes a valid first lien, or second lien on the\nreal property or tangible personal property constituting modular or\nmanufactured housing, described to the agency in accordance with\nsubdivision five of section twenty-four hundred two of this part subject\nonly to real property taxes or other taxes not yet due, installments of\nassessments not yet due, and easements and restrictions of record which\ndo not adversely affect, to a material degree, the use or value of the\nreal property, tangible personal property constituting modular or\nmanufactured housing or improvements thereon;\n  (g) the mortgagor is not now in default in the payment of any\ninstallment of principal or interest, escrow funds, real property taxes\nor otherwise in the performance of his obligations under the mortgage\ndocuments and has not to the knowledge of the bank been in default in\nthe performance of any such obligation for a period of longer than sixty\ndays during the life of the mortgage; and\n  (h) the improvements to, or new construction of single-family modular\nor manufactured housing purchased and sited on land, the mortgaged real\nproperty or tangible personal property constituting modular or\nmanufactured housing, are covered by a valid and subsisting policy of\ninsurance issued by a company authorized by the superintendent of\nfinancial services to issue such policies in the state of New York and\nproviding fire and extended coverage to an amount not less than eighty\npercent of the insurable value of the improvements to, or new\nconstruction of, the mortgaged real property or tangible personal\nproperty constituting modular or manufactured housing.\n  (9) Each bank shall be liable to the agency for any damages suffered\nby the agency by reason of the untruth of any representation or the\nbreach of any warranty and, in the event that any representation shall\nprove to be untrue when made or in the event of any breach of warranty,\nthe bank shall, at the option of the agency, repurchase the mortgage for\nthe original purchase price adjusted for amounts subsequently paid\nthereon, as the agency shall determine.\n  (10) The agency need not require the recording of an assignment of any\nforward commitment mortgage purchased by it from a bank pursuant to this\nsection and shall not be required to notify the mortgagor of its\npurchase of the mortgage. The agency shall not be required to inspect or\ntake possession of the mortgage documents if the bank from which the\nforward commitment mortgage is purchased by the agency shall enter a\ncontract to service such mortgage and account to the agency therefor.\n  (11) Notwithstanding any other provision of law, the agency is\nauthorized to require, as a condition to the purchase from banks of any\nforward commitment mortgage, such restrictions upon assumability of the\nmortgage, default provisions, rights to accelerate, and other terms\napplicable to such forward commitment mortgages made by the bank\npursuant to undertakings with the agency with respect to the sale\nthereof as the agency may determine to be necessary or desirable to\nassure the repayment of its bonds and notes and the exemption from\nfederal income taxes of the interest payable on its bonds and notes.\nAll such terms shall be enforceable by the originating bank, the agency,\nand any successor holder of the mortgage unless expressly waived in\nwriting by or on behalf of the agency.\n  * NB Repealed July 23, 2027\n