N.Y. PBA Law § 2799-RR — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-RR
Effect of inconsistent provisions
Status: in_force

§ 2799-rr. Effect of inconsistent provisions. Insofar as the\nprovisions of this title are inconsistent with the provisions of any\nother act, general or special, or of any charter, local law, ordinance\nor resolution of any municipality, the provisions of this title shall be\ncontrolling. Nothing contained in this section shall be held to\nsupplement or otherwise expand the powers or duties of the authority\notherwise set forth in this title.\n
N.Y. ENV Law § 27-3311 — New York Code / Act ENV / Article 27 / Title 33 / Section 27-3311
Carpet stewardship advisory board
Status: in_force

§ 27-3311. Carpet stewardship advisory board.\n  1. There is hereby established within the department the carpet\nstewardship advisory board to make recommendations to the commissioner\nregarding producer plans required by this title.\n  2. The board shall be composed of thirteen voting members. Such\nmembers shall include:\n  (a) one representative of carpet producers;\n  (b) two representatives of carpet retailers;\n  (c) one representative of carpet recyclers;\n  (d) two representatives of carpet collectors;\n  (e) one representative of a company that utilizes discarded carpet to\nmanufacture a new product;\n  (f) one representative of a carpet installer association;\n  (g) one representative from a statewide environmental organization;\n  (h) one representative from a statewide waste disposal association;\n  (i) one representative from the New York product stewardship council;\n  (j) one representative from a consumer organization; and\n  (k) one representative from a statewide recycling organization.\n  3. The members shall be appointed as follows:\n  (a) two members to be appointed by the temporary president of the\nsenate;\n  (b) two members to be appointed by the speaker of the assembly;\n  (c) one member to be appointed by the minority leader of the senate;\n  (d) one member to be appointed by the minority leader of the assembly;\nand\n  (e) seven members to be appointed by the executive.\n  4. Such appointments shall be made no later than the first day of\nJanuary following the date on which this title takes effect. The members\nshall designate a chair from among the members by majority vote. Board\nmembers shall receive no compensation but shall be entitled to their\nnecessary and actual expenses incurred in the performance of their board\nduties.\n  5. The board shall meet at least biannually by call of the chair.\n
N.Y. ENV Law § 27-3301 — New York Code / Act ENV / Article 27 / Title 33 / Section 27-3301
Definitions
Status: in_force

§ 27-3301. Definitions.\n  For the purposes of this title, the following terms shall have the\nfollowing meanings:\n  1. "Brand" means a name, symbol, word, or mark that attributes the\nproduct to the owner or licensee of the brand as the producer.\n  2. "Carpet" means a manufactured article that is (a) used by a\nconsumer, (b) affixed or placed on the floor or building walking surface\nas a decorative or functional building interior or exterior feature, and\n(c) primarily constructed of a top surface of synthetic or natural face\nfibers or yarns or tufts attached to a backing system made of synthetic\nor natural materials. "Carpet" includes, but is not limited to, a\ncommercial or residential broadloom carpet, modular carpet tiles,\nartificial turf, a pad or underlayment used in conjunction with a\ncarpet. "Carpet" does not include handmade rugs, area rugs, or mats.\n  3. "Closed loop recycling" means recycling in which materials that are\nreclaimed are returned to the original process or processes in which\nthey were generated and they are reused in the production process.\n  3-a. "Carpet collection program" or "program" means a program financed\nand implemented by producers, either individually, or through a\nrepresentative organization, that provides for, but is not limited to,\nthe collection, transportation, reuse, recycling, proper end-of-life\nmanagement, or an appropriate combination thereof, of discarded carpet.\n  4. "Collection site" means a permanent location in the state at which\ndiscarded carpet may be returned by a consumer. Collection sites shall\naccept all types of carpet as defined by this title regardless of brand.\n  5. "Consumer" means a person located in the state who purchases, owns,\nleases, or uses carpet, including but not limited to an individual, a\nbusiness, corporation, limited partnership, not-for-profit corporation,\nthe state, a public corporation, public school, school district, private\nor parochial school, or board of cooperative educational services or\ngovernmental entity.\n  6. "Discarded carpet" means carpet that a consumer has used and\ndisposed of in the state and is no longer used for its manufactured\npurpose.\n  7. "Energy recovery" means the process by which all or a portion of\nsolid waste materials are processed or combusted in order to utilize the\nheat content or other forms of energy derived from such solid waste\nmaterials.\n  8. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS\nsubstances" means a class of fluorinated organic chemicals containing at\nleast one fully fluorinated carbon atom.\n  9. "Producer" means any person who manufactures carpet that is sold,\noffered for sale, or distributed in the state under the manufacturer's\nown name or brand. "Producer" includes:\n  (a) the owner of a trademark or brand under which carpet is sold,\noffered for sale, or distributed in this state, whether or not such\ntrademark or brand is registered in the state; and\n  (b) any person who imports a carpet into the United States that is\nsold or offered for sale in the state and that is manufactured by a\nperson who does not have a presence in the United States.\n  10. "Recycling" means to separate, dismantle or process the materials,\ncomponents or commodities contained in discarded carpet for the purpose\nof preparing the materials, components, or commodities for use or reuse\nin new products or components. "Recycling" does not include: (a) energy\nrecovery or energy generation by any means, including but not limited\nto, combustion, incineration, pyrolysis, gasification, solvolysis, waste\nto fuel or any chemical conversion process; or (b) landfill disposal of\ndiscarded carpet or discarded product component materials.\n  11. "Recycling rate" means the percentage of discarded carpet that is\nmanaged through recycling or reuse, as defined by this title, and is\ncomputed by dividing the amount of recycled output derived from\ncollected carpet, plus any pounds sent for reuse by the estimated total\namount of discarded carpet generated during a program year.\n  12. "Representative organization" means a not-for-profit organization\nestablished by a producer or group of producers to implement the carpet\ncollection program.\n  13. "Retailer" means any person who sells or offers for sale carpet to\na consumer in the state.\n  14. "Reuse" means the return of a product into the economic stream for\nuse in the same kind of application as the product was originally\nintended to be used, without a change in the product's identity.\n  15. "Sell" or "sale" means any transfer for consideration of title or\nthe right to use, from a manufacturer or retailer to a person,\nincluding, but not limited to, transactions conducted through retail\nsales outlets, catalogs, mail, the telephone, the internet, or any\nelectronic means; this does not include samples, donations, and reuse.\n
N.Y. ENV Law § 71-3307 — New York Code / Act ENV / Article 71 / Title 33 / Section 71-3307
Criminal sanctions
Status: in_force

§ 71-3307. Criminal sanctions.\n  Any person who, having any of the culpable mental states defined in\nsection 15.05 of the penal law, shall violate any of the provisions of\nor who fails to perform any duty imposed by article forty-three of this\nchapter or any rules or regulations promulgated thereto, or any final\ndetermination or order of the Lake George park commission shall be\nguilty of a violation, and, upon conviction thereof, shall be punished\nby a fine not to exceed five hundred dollars for each violation and five\nhundred dollars for each day such violation shall continue.\n
N.Y. PBA Law § 2799-GG — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-GG
Bonds of the authority
Status: in_force

§ 2799-gg. Bonds of the authority.  1. The authority shall have the\npower and is hereby authorized from time to time to issue bonds, in\nconformity with applicable provisions of the uniform commercial code, in\nsuch principal amounts as it may determine to be necessary pursuant to\nsection twenty-seven hundred ninety-nine-ff of this title to pay the\ncost of any project and to fund reserves to secure such bonds, including\nincidental expenses in connection therewith.\n  The aggregate principal amount of such bonds, notes or other\nobligations outstanding shall not exceed, beginning July first, two\nthousand twenty-four, twenty-one billion five hundred million dollars\n($21,500,000,000) and beginning July first, two thousand twenty-five,\nthirty billion five hundred million dollars ($30,500,000,000), excluding\nbonds, notes or other obligations issued pursuant to sections\ntwenty-seven hundred ninety-nine-ss and twenty-seven hundred\nninety-nine-tt of this title; provided, however, that upon any refunding\nor repayment of bonds (which term shall not, for this purpose, include\nbond anticipation notes), the total aggregate principal amount of\noutstanding bonds, notes or other obligations may be greater than,\nbeginning July first, two thousand twenty-four, twenty-one billion five\nhundred million dollars ($21,500,000,000), and beginning July first, two\nthousand twenty-five, thirty billion five hundred million dollars\n($30,500,000,000), only if the refunding or repayment bonds, notes or\nother obligations were issued in accordance with the provisions of\nsubparagraph (a) of subdivision two of paragraph b of section 90.10 of\nthe local finance law, as amended from time to time. Notwithstanding the\nforegoing, bonds, notes or other obligations issued by the authority may\nbe outstanding in an amount greater than the amount permitted by the\npreceding sentence, provided that such additional amount at issuance,\ntogether with the amount of indebtedness contracted by the city of New\nYork, shall not exceed the limit prescribed by section 104.00 of the\nlocal finance law. The authority shall have the power from time to time\nto refund any bonds of the authority by the issuance of new bonds\nwhether the bonds to be refunded have or have not matured, and may issue\nbonds partly to refund bonds of the authority then outstanding and\npartly to pay the cost of any project pursuant to section twenty-seven\nhundred ninety-nine-ff of this title. Bonds issued by the authority\nshall be payable solely out of particular revenues or other moneys of\nthe authority as may be designated in the proceedings of the authority\nunder which the bonds shall be authorized to be issued, subject to any\nagreements entered into between the authority and the city, and subject\nto any agreements with the holders of outstanding bonds pledging any\nparticular revenues or moneys.\n  2. The authority is authorized to obtain insurance, letters of credit\nand other credit or liquidity facilities related to bonds in accordance\nwith paragraph a and paragraphs c through g of section 168.00 of the\nlocal finance law, as amended from time to time; provided, however, that\nthe board of directors of the authority shall make the determination as\nto "financially responsible parties" required under the local finance\nlaw.\n  3. (a) The authority (i) shall amortize its serial and term bonds in\naccordance with sections 11.00, 21.00 and 57.00 of the local finance law\nand its bond anticipation notes in accordance with section 23.00 of the\nlocal finance law, as amended from time to time, (ii) shall establish\nprovisions relating to redemption of its bonds that conform with section\n53.00 of the local finance law, as amended from time to time, (iii)\nsubject to the limitation set forth in paragraph (b) of this\nsubdivision, may issue bonds with variable rates of interest, and enter\ninto agreements related thereto, subject to the limitations prescribed\nin paragraphs a and c of section 54.90 of the local finance law, as\namended from time to time, other than the limitation therein on the\ntotal principal amount of such variable rate bonds, and (iv) shall not\nissue refunding bonds without meeting the standards of subparagraph (a)\nor (b) of subdivision two of paragraph b of section 90.10 of the local\nfinance law, as amended from time to time. In addition, except as\nprovided in this title, bonds of the authority shall be subject to all\nother provisions of the local finance law, as amended from time to time,\napplicable to bonds of the city of New York, except where application of\nsuch law to bonds of the authority would be inappropriate. Functions\nassigned by such law to the mayor, comptroller, finance board and chief\nfiscal officer shall, to the extent not performed by such officers\npursuant to this title, be reserved or delegated by the directors of the\nauthority.\n  (b) The authority shall not issue variable rate bonds pursuant to this\nsection in an amount outstanding at issuance exceeding twenty percent of\nthe limit prescribed by subdivision one of this section, excluding bonds\n(i) bearing interest at rates and for periods of time that are specified\nwithout reference to future events or contingencies, or (ii) the\ninterest rate on which is reasonably expected to be equivalent to a\nfixed rate over time in conjunction with other bonds or by reason of\npayments made pursuant to agreements with financially responsible third\nparties.\n  4. The directors may delegate to the chairperson of the authority the\npower to set the final terms of bonds.\n  5. Whenever the authority shall determine that the issuance of its\nbonds is appropriate, which determination shall occur at a minimum\nwhenever necessary to reimburse the city for project capital costs\nincurred by the city, the mayor and the comptroller shall make a joint\nrecommendation as to the arrangements necessary for the issuance and\nsale of such bonds including the underwriting of such bonds through the\npublic or, subject to approval of the state comptroller, private sale of\nsuch bonds and such recommendation shall include compensation for\nservices rendered as they deem appropriate. Subject to the applicable\nprovisions of subdivision three of this section, the mayor and\ncomptroller shall recommend to the authority the price or prices,\ninterest rate or rates, maturities and other terms and conditions for\nthe issuance of the bonds. Following such recommendation, the bonds\nshall be authorized by resolution of the authority. The bonds shall bear\ninterest at such fixed or variable rates and shall be in such\ndenominations, be in such form, either coupon or registered, be sold at\nsuch public or private sale, be executed in such manner, be denominated\nin United States' currency, be payable in such medium of payment, at\nsuch place and be subject to such terms of redemption as the authority\nmay provide in such resolution. Such resolution and the minutes of the\nauthority related thereto shall be transmitted to the mayor and the\ncomptroller who shall then approve or disapprove the bond issuance.\nApproval of such bond issuance shall be indicated by the execution of\nthe resolution by the mayor and the comptroller whereupon such\nresolution shall come into full force and effect in accordance with its\nterms.\n  6. Any resolution or resolutions authorizing bonds or any issue of\nbonds may contain provisions which may be a part of the contract with\nthe holders of the bonds thereby authorized as to:\n  (a) pledging all or part of its revenues, together with any other\nmoneys, securities or contracts, to secure the payment of the bonds,\nsubject to such agreements with bondholders as may then exist;\n  (b) the setting aside of reserves and the creation of sinking funds\nand the regulation and disposition thereof;\n  (c) limitations on the purpose to which the proceeds from the sale of\nbonds may be applied;\n  (d) limitations on the issuance of additional bonds, the terms upon\nwhich additional bonds may be issued and secured and the refunding of\nbonds;\n  (e) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, including the proportion of\nbondholders which must consent thereto and the manner in which such\nconsent may be given;\n  (f) vesting in a trustee or trustees such properties, rights, powers\nand duties in trust as the authority may determine, which may include\nany or all of the rights, powers and duties of the trustee appointed by\nthe bondholders pursuant to section twenty-seven hundred ninety-nine-oo\nof this title and limiting or abrogating the rights of the bondholders\nto appoint a trustee under such section or limiting the rights, duties\nand powers of such trustee; and\n  (g) defining the acts or omissions to act which may constitute a\ndefault in the obligations and duties of the authority to the\nbondholders and providing for the rights and remedies of the bondholders\nin the event of such default, including as a matter of right the\nappointment of a receiver; provided, however, that such rights and\nremedies shall not be inconsistent with the general laws of the state\nand other provisions of this title.\n  7. In addition to the powers herein conferred upon the authority to\nsecure its bonds, the authority shall have power in connection with the\nissuance of bonds to enter into such agreements for the benefit of the\nbondholders as the authority may deem necessary, convenient or desirable\nconcerning the use or disposition of its revenues or other moneys,\nincluding the entrusting, pledging or creation of any other security\ninterest in any such revenues, moneys and the doing of any act,\nincluding refraining from doing any act, which the authority would have\nthe right to do in the absence of such agreements. The authority shall\nhave power to enter into amendments of any such agreements within the\npowers granted to the authority by this title and to perform such\nagreements. The provisions of any such agreements may be made a part of\nthe contract with the holders of bonds of the authority.\n  8. Notwithstanding any provision of the uniform commercial code to the\ncontrary, any pledge of or other security interest in revenues, moneys,\naccounts, contract rights, general intangibles or other personal\nproperty made or created by the authority shall be valid, binding and\nperfected from the time when such pledge is made or other security\ninterest attaches without any physical delivery of the collateral or\nfurther act, and the lien of any such pledge or other security interest\nshall be valid, binding and perfected against all parties having claims\nof any kind in tort, contract or otherwise against the authority\nirrespective of whether or not such parties have notice thereof. No\ninstrument by which such a pledge or security interest is created nor\nany financing statement need be recorded or filed.\n  9. Whether or not the bonds of the authority are of such form and\ncharacter as to be negotiable instruments under the terms of the uniform\ncommercial code, the bonds are hereby made negotiable instruments within\nthe meaning of and for all the purposes of the uniform commercial code,\nsubject only to the provisions of the bonds for registration.\n  10. Neither the directors of the authority nor any person executing\nbonds shall be liable personally thereon or be subject to any personal\nliability or accountability solely by reason of the issuance thereof.\nThe bonds or other obligations of the authority shall not be a debt of\neither the state or the city, and neither the state nor the city shall\nbe liable thereon, nor shall they be payable out of any funds other than\nthose of the authority; and such bonds shall contain on the face thereof\na statement to such effect.\n  11. The authority, subject to such agreements with bondholders as then\nmay exist, shall have power to purchase bonds of the authority out of\nany moneys available therefore, which shall thereupon be cancelled.\n
N.Y. PBA Law § 2799-FF — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-FF
Declaration of need
Status: in_force

§ 2799-ff. Declaration of need. 1.  The mayor shall determine and\ndeclare at least annually whether a capital financing need exists.  When\nthe mayor determines that a capital financing need exists, the mayor\nshall so certify and submit to the authority a transitional capital\nplan.  Such plan shall include only projects whose costs are\nappropriated in the capital budget of the city and shall describe by\nreference to the capital budget of the city the particular projects and\ncosts requested to be financed in whole or in part by the authority.\n  2.  Concurrent with the submission to the authority of the\ncertification, request and plan, the mayor shall submit copies of such\ncertification, request and plan to the comptroller, the speaker of the\ncouncil, the governor and the state comptroller, and to the chair and\nranking minority member of the senate finance committee and the chair\nand ranking minority member of the assembly ways and means committee,\nand to the state financial control board for the city.\n  3. At the time of submission, (a) the mayor shall publish notice of\nsuch plan and the availability of digests thereof in at least one\nnewspaper of general circulation within the city, which notice shall\nalso state that a public hearing will be held to consider the plan at a\nspecified time and place on a date not less than thirty days after such\npublication; (b) the mayor or his designee shall conduct public hearings\npursuant to such notice; (c) any person shall have the opportunity to\npresent written comments on the plan within thirty days after the date\nof the public hearing; and (d) after due consideration of such testimony\nand comments, if any, the mayor shall affirm, modify or withdraw the\nplan.\n  4. Upon declaration by the mayor of such need, the mayor shall request\nthat the authority provide financing in accordance with the provisions\nof this title.\n  5. Upon approval by the authority that such a capital financing need\nexists pursuant to such submissions, the authority may:\n  (a) authorize agreements between the city and the authority in\naccordance with the provisions of this title.  Such agreements shall not\nconstitute indebtedness of the city for purposes of section 20.00 of the\nlocal finance law or any constitutional or statutory limitation.\n  (b) enter into agreements with the city and the city, acting by the\nmayor alone, may enter into agreements with the authority in accordance\nwith the provisions of this title as to the financing of costs by the\nauthority, the application of tax revenues to the authority to secure\nits bonds, and further assurances in respect of the authority's receipt\nof such revenues. The authority's revenues shall not be deemed funds of\nthe city. Any such agreements may be pledged by the authority to secure\nits bonds and may not be modified thereafter except as provided by the\nterms of the pledge.\n  6.  Such agreements (i) shall describe by reference to the capital\nbudget of the city the particular projects and costs to be financed in\nwhole or in part by the authority, (ii) shall describe the plan for the\nfinancing of the costs or projects, (iii) shall set forth the method by\nwhich and by whom and the terms and conditions upon which money provided\nby the authority shall be disbursed to the city, which disbursements\nshall occur, subject to receipt by the authority of such documentation\nas to the costs being reimbursed as the authority shall reasonably\nrequire, at least monthly, (iv) shall provide for the payment of such\ncosts by the city under such contracts as shall be awarded by the city\nor for the city to make a capital contribution of such proceeds as city\nfunds to another entity for the payment or reimbursement of such costs,\nand (v) shall require every contract entered into by the city, or\nanother entity receiving funds from the city, for projects or costs to\nbe financed in whole or in part by the authority to be subject to the\nprovisions of the New York city charter and other applicable laws\ngoverning contracts of the city or such entity, as the case may be.\n  7. At least annually, commencing no more than one year after the date\non which authority bonds are first issued, the mayor shall report to the\ncomptroller, the speaker of the council, the governor, the state\ncomptroller, the chair and ranking minority member of the senate finance\ncommittee and the chair and ranking minority member of the assembly ways\nand means committee on the projects financed by the authority and the\namount of such financing for each such project over the past year, which\nreport shall, by reference to specific items in the city's capital\nbudget, describe the type and location of each such project.\n
N.Y. ENV Law § 27-3313 — New York Code / Act ENV / Article 27 / Title 33 / Section 27-3313
Labeling and design requirements
Status: in_force

§ 27-3313. Labeling and design requirements.\n  1. On and after one year after the plan is approved by the department\npursuant to section 27-3309 of this title, carpet sold or offered for\nsale in the state shall be accompanied by the following identifying\ninformation:\n  (a) Name of the producer and contact information; and\n  (b) Carpet material, composition, and type of construction.\n  2. On and after December thirty-first, two thousand twenty-six, no\ncarpet sold or offered for sale in the state shall contain or be treated\nwith PFAS substances for any purpose.\n
N.Y. PBA Law § 2799-II — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-II
Agreement with the state
Status: in_force

§ 2799-ii. Agreement with the state. The state does hereby pledge and\nagree with the holders of any issue of bonds and/or bond anticipation\nnotes secured by such a pledge that the state will not limit or alter\nthe rights hereby vested in the authority to fulfill the terms of any\nagreements made with such holders pursuant to this title, or in any way\nimpair the rights and remedies of such holders or the security for such\nbonds and/or bond anticipation notes until such bonds and/or bond\nanticipation notes, together with the interest thereon and all costs and\nexpenses in connection with any action or proceeding by or on behalf of\nsuch holders, are fully paid and discharged. Nothing contained in this\nsection shall be deemed to restrict the right of the state to amend,\nmodify, repeal or otherwise alter statutes imposing or relating to the\ntaxes payable to the authority pursuant to subsection (d) of section\neight hundred seventy-three and section thirteen hundred thirteen of the\ntax law, but such taxes shall in all events continue to be so payable so\nlong as any such taxes are imposed. Not less than thirty days prior to\nthe beginning of each city fiscal year, the chairperson of the authority\nshall certify to the state comptroller, the governor, and the members of\nthe board of directors of the authority a schedule of maximum annual\ndebt service payments due on the bonds and notes of the corporation then\noutstanding. To the extent that the tax revenues payable to the\nauthority under subsection (d) of section eight hundred seventy-three\nand section thirteen hundred thirteen of the tax law during such fiscal\nyear are projected by the mayor to be insufficient to meet at least one\nhundred fifty percent of maximum annual debt service on authority bonds\nthen outstanding, the mayor shall so notify the state comptroller and\nthe state comptroller shall pay to the authority from alternative\nrevenues such amount as is necessary to provide at least one hundred\nfifty percent of the maximum annual debt service; provided, however,\nthat for so long as any indebtedness of the municipal assistance\ncorporation for the city of New York remains outstanding no alternative\nrevenues that are, as of the effective date of this title, or may in the\nfuture be, required to be deposited in the municipal assistance tax fund\nestablished under section ninety-two-d of the state finance law shall be\npaid to the authority except out of funds that are otherwise required to\nbe paid to the city under such section of the state finance law. Nothing\nin this section shall be deemed to obligate the state to make any\nadditional payments or impose any taxes to satisfy the debt service\nobligations of the authority.\n
N.Y. ENV Law § 27-3321 — New York Code / Act ENV / Article 27 / Title 33 / Section 27-3321
Rules and regulations
Status: in_force

§ 27-3321. Rules and regulations.\n  The department is authorized to promulgate any rules and regulations\nnecessary to implement this title.\n
N.Y. PBA Law § 2799-EE — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-EE
General powers of the authority
Status: in_force

§ 2799-ee. General powers of the authority.  Except as otherwise\nlimited by this title, the authority shall have the following powers in\naddition to those specially conferred elsewhere in this title, subject\nonly to agreements with bondholders:\n  1. to sue and be sued;\n  2. to have a seal and alter the same at pleasure;\n  3. to make and alter by-laws for its organization and management and,\nsubject to agreements with its bondholders, to make and alter rules and\nregulations governing the exercise of its powers and fulfillment of its\npurposes under this title;\n  4. to make and execute contracts and all other instruments or\nagreements necessary or convenient to carry out any powers and functions\nexpressly given in this title;\n  5. to commence any action to protect or enforce any right conferred\nupon it by any law, contract or other agreement;\n  6. to borrow money and issue bonds, or to refund the same, and to\nprovide for the rights of the holders of its obligations;\n  7. to accept gifts, grants, loans or contributions of funds or\nfinancial or other aid in any form from the city, state or federal\ngovernment or any agency or instrumentality thereof, or from any other\nsource and for any of its corporate purposes in accordance with the\nprovisions of this title;\n  8. to invest any funds held in reserves or sinking funds, or any funds\nnot required for immediate use or disbursement, at the discretion of the\nauthority, in obligations which may, from time to time, be legally\npurchased by the city pursuant to section eleven of the general\nmunicipal law;\n  9. to pledge all or any part of its revenues as security for the\npayment of the principal of and interest on any bonds so issued and any\nagreements made in connection therewith;\n  10. to appoint such officers and employees as it may require for the\nperformance of its duties and to fix and determine their qualifications,\nduties, and compensation, subject to the provisions of the civil service\nlaw, the rules of the civil service commission of the city, the New York\ncity collective bargaining law and applicable collective bargaining\nagreements, and to retain or employ counsel, auditors and private\nfinancial consultants on a contract basis or otherwise for rendering\nprofessional or technical services and advice;\n  11. to do any and all things necessary or convenient to carry out its\npurposes and exercise the powers expressly given and granted in this\ntitle provided, however, such authority shall under no circumstances\nacquire, hold or transfer title to, lease, own beneficially or\notherwise, manage, operate or otherwise exercise control over any real\nproperty, any improvement to real property or any interest therein other\nthan a lease of office space deemed necessary or desirable by the\nauthority.\n
N.Y. PBA Law § 2799-KK — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-KK
Bonds legal for investment and deposit
Status: in_force

§ 2799-kk. Bonds legal for investment and deposit.  The bonds of the\nauthority are hereby made securities in which all public officers and\nbodies of the state and all public corporations, municipalities and\nmunicipal subdivisions, all insurance companies and associations and\nother persons carrying on an insurance business, all banks, bankers,\ntrust companies, savings banks and savings associations including\nsavings and loan associations, building and loan associations,\ninvestment companies and other persons carrying on a banking business,\nall administrators, conservators, guardians, executors, trustees and\nother fiduciaries, and all other persons whatsoever who are now or may\nhereafter be authorized to invest in bonds or in other obligations of\nthe state, may properly and legally invest funds, including capital, in\ntheir control or belonging to them. The bonds are also hereby made\nsecurities which may be deposited with and may be received by all public\nofficers and bodies of the state and all municipalities and public\ncorporations for any purpose for which the deposit of bonds or other\nobligations of the state is now or may hereafter be authorized.\n
N.Y. PBA Law § 2799-UU — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-UU
Separability
Status: in_force

§ 2799-uu. Separability. If any clause, sentence, paragraph, section,\nor part of this title shall be adjudged by any court of competent\njurisdiction to be invalid, such judgment shall not affect, impair or\ninvalidate the remainder thereof, but shall be confined in its operation\nto the clause, sentence, paragraph, section, or part thereof involved in\nthe controversy in which such judgment shall have been rendered.\n
N.Y. ENV Law § 71-3301 — New York Code / Act ENV / Article 71 / Title 33 / Section 71-3301
Applicability of this title
Status: in_force

§ 71-3301. Applicability of this title.\n  This title shall apply to the enforcement of article forty-three of\nthis chapter. In addition to the provisions contained herein, the\nprovisions of sections 71-0101 and 71-0301 and titles two and five of\nthis article shall apply to enforcement of article forty-three of this\nchapter; provided, however, whenever such sections reference the\ndepartment or commissioner, such references shall be deemed to be\nreferences to the Lake George park commission for the purposes of this\narticle.\n
N.Y. ENV Law § 15-3303 — New York Code / Act ENV / Article 15 / Title 33 / Section 15-3303
Land acquisition projects for source water protection
Status: in_force

§ 15-3303. Land acquisition projects for source water protection.\n  1. The commissioner is authorized to provide state assistance to\nmunicipalities, not-for-profit corporations and soil and water\nconservation districts to undertake land acquisition projects for source\nwater protection, in cooperation with willing sellers. Land acquisition\nprojects for source water protection shall support, expand or enhance\ndrinking water quality protection, including but not limited to\naquifers, watersheds, reservoirs, lakes, rivers and streams.\n  2. a. Any buffer encumbered by a conservation easement acquired\npursuant to this section that encumbers lands used in agricultural\nproduction as defined in section three hundred one of the agriculture\nand markets law in a county designated state certified agricultural\ndistrict created under section three hundred three of the agriculture\nand markets law may allow agricultural activity that qualifies such\nlands, provided such activity on such lands does not impair drinking\nwater and complies with an agricultural environmental management program\nplan developed by the state soil and water conservation committee, in\npartnership with the department.\n  b. Notwithstanding any limitations provided herein on lands acquired\npursuant to this title a license or easement may be granted by the owner\nof such property to a public utility for a public purpose.\n  3. In evaluating land acquisition projects for source water protection\npursuant to this section, the department shall give priority to projects\nwhich protect or recharge drinking water sources and watersheds\nincluding riparian buffers and wetlands.\n  4. a. No state assistance may be provided pursuant to this section to\nfund any land acquisition project which is undertaken by eminent domain\nunless such process is undertaken with a willing seller.\n  b. The department shall not provide funding pursuant to this title for\nany land acquisition project for source water protection by a\nnot-for-profit corporation, if any town, village or city within which\nsuch a project is located, by resolution, within ninety days of\nnotification by such corporation of its interest in acquiring such\nprojects, objects to such acquisition.\n  5. Consistent with section eleven-b of the soil and water conservation\ndistricts law, the soil and water conservation committee in consultation\nwith the commissioner of agriculture and markets is authorized to\nprovide state assistance payments to county soil and water conservation\ndistricts, within amounts appropriated, for land acquisition projects\nfor source water protection projects to support, expand or enhance\ndrinking water quality protection, including but not limited to\naquifers, watersheds, reservoirs, lakes, rivers and streams. Such\ncommittee shall give priority to projects which establish buffers from\nwaters which serves as or are tributaries to drinking water supplies for\nsuch projects using state assistance pursuant to this section.\n  6. Real property acquired, developed, improved, restored or\nrehabilitated by or through a municipality, county soil and water\nconservation district or not-for-profit corporation with funds made\navailable pursuant to this title shall not be sold, leased, exchanged,\ndonated or otherwise disposed of or used for other than the public\npurposes of this title without the express authority of an act of the\nlegislature, which shall provide for the substitution of other lands of\nequal environmental value and fair market value and reasonably\nequivalent usefulness and location to those to be discontinued, sold or\ndisposed of, and such other requirements as shall be approved by the\ncommissioner.\n  7. If the state acquires a real property interest in land purchased by\na municipality or not-for-profit with funds made available pursuant to\nthis title, the state shall pay the fair market value of such interest\nless the amount of funding provided by the state pursuant to this\nsection.\n  8. To the fullest extent practicable, it is the policy of the state to\npromote an equitable regional distribution of funds, consistent with the\npurpose of this section.\n
N.Y. PBA Law § 2799-NN — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-NN
Audit
Status: in_force

§ 2799-nn. Audit.  The accounts of the authority shall be subject to\nthe supervision and audit of the comptroller and the state comptroller.\nIn addition, the authority shall be subject to an annual management and\nfinancial audit performed by an independent certified accountant\nselected by the authority. Such audited report, together with the\naudited financial statements of the authority, shall be submitted to the\nmayor, the speaker of the city council, the comptroller, the director of\nmanagement and budget, the New York state financial control board, the\ngovernor, the state comptroller, the chair and ranking minority member\nof the senate finance committee and the chair and ranking minority\nmember of the assembly ways and means committee.\n
N.Y. ENV Law § 15-3305 — New York Code / Act ENV / Article 15 / Title 33 / Section 15-3305
Approval and execution of projects
Status: in_force

§ 15-3305. Approval and execution of projects.\n  1. Land acquisition projects for source water protection may be\nundertaken pursuant to the provisions of this article and other\napplicable provisions of law only with the approval of the commissioner.\n  2. The commissioner shall review such project application and may\napprove, disapprove or recommend modifications thereto consistent with\napplicable law, criteria, standards or rules and regulations relative to\nsuch projects. In reviewing applications for projects pursuant to this\nsection, the commissioner shall give due consideration to:\n  a. the project's contribution to the protection of drinking water\nsupplies;\n  b. the presence of a water plan, including a source water\nassessment/protection plan or other similar plan which identifies\nmeasures to reduce threats to drinking water sources and priorities for\nland acquisition projects; and,\n  c. financial need or hardship.\n  3. All land acquisition projects shall be undertaken in the state of\nNew York. The total amount of the state assistance payments toward the\ncost of any such project shall be set forth in any request for proposal\nissued to solicit projects and will in no event exceed seventy-five\npercent of the cost.\n  For the purpose of determining the amount of the state assistance\npayments, the cost of the project shall not be more than the amount set\nforth in the application for state assistance payments approved by the\ncommissioner. The state assistance payments toward the cost of a project\nshall be paid on audit and warrant of the state comptroller on a\ncertificate of availability of the director of the budget.\n  4. a. The commissioner and a municipality may enter into a contract\nfor the undertaking by the municipality of a source water protection\nproject. Such project shall be recommended to the commissioner by the\ngoverning body of the municipality and, when approved by the\ncommissioner, may be undertaken by the municipality pursuant to this\ntitle and any other applicable provision of law.\n  b. The commissioner and a not-for-profit corporation may enter into a\ncontract for the undertaking by the not-for-profit corporation of a\nsource water protection project. Such a project shall be recommended to\nthe commissioner by the governing body of a not-for-profit corporation\nwhich demonstrates to the satisfaction of the commissioner that it is\ncapable of operating and maintaining such property for the benefit of\ndrinking water and/or water quality protection. Upon approval by the\ncommissioner, such project may be undertaken pursuant to the provisions\nof this title and any other applicable provision of law.\n  5. No monies shall be expended for source water protection land\nacquisition projects except pursuant to an appropriation therefor.\n
N.Y. PBA Law § 2799-QQ — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-QQ
Equal employment opportunity program and procurement guidelines
Status: in_force

§ 2799-qq. Equal employment opportunity program and procurement\nguidelines. 1. Notwithstanding any other inconsistent provision of law,\nsection 8-107 of the administrative code of the city of New York shall\napply to the activities of the authority.\n  2. The authority shall establish and implement guidelines for\nprocurement which include the matters set forth in paragraphs (c), (d)\nand (e) of subdivision three of section twenty-eight hundred\nseventy-nine of this chapter.\n
N.Y. PBA Law § 2799-OO — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-OO
Remedies of bondholders
Status: in_force

§ 2799-oo. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to paragraph (g) of subdivision six of\nsection twenty-seven hundred ninety-nine-gg of this title:\n  1. In the event that the authority shall default in the payment of\nprincipal of or interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the city\nand proved or acknowledged in the same manner as a deed to be recorded,\nmay appoint a trustee to represent the holders of such bonds for the\npurpose provided in this section.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding\nshall, in his or her or its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders and require the\nauthority to carry out any other agreements with the holders of such\nbonds and to perform its duties under this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, annul\nsuch declaration and its consequences.\n  3. Such trustee shall, in addition to the provisions of subdivisions\none and two of this section, have and possess all of the powers\nnecessary or appropriate for the exercise of any functions specifically\nset forth in this section or incident to the general representation of\nbondholders in the enforcement and protection of their rights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in the county of New York.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days' notice in writing to the\nauthority.\n
N.Y. ENV Law § 71-3303 — New York Code / Act ENV / Article 71 / Title 33 / Section 71-3303
Civil and administrative sanctions
Status: in_force

§ 71-3303. Civil and administrative sanctions.\n  1. Any person who violates any provision of, or fails to perform any\nduty imposed by article forty-three of this chapter or any rule or\nregulation promulgated pursuant thereto, or any term or condition of any\ncertificate or permit issued pursuant thereto, or any final\ndetermination or order of the Lake George park commission made pursuant\nto article forty-three of this chapter shall be liable for a civil\npenalty not to exceed five hundred dollars for each such violation and\nan additional penalty of five hundred dollars for each day during which\nsuch violation continues, to be assessed by the Lake George park\ncommission after an opportunity to be heard, or by the court in any\naction or proceeding initiated by the attorney general in the name of\nthe Lake George park commission. In addition thereto, such person may,\nby similar process, be enjoined from continuing such violation, and any\npermit or certificate issued to such person may be revoked or suspended,\nor a pending renewal application denied based upon such violation.\n  2. Such civil penalty may be released or compromised by the Lake\nGeorge park commission before the matter has been referred to the\nattorney general; and, where such matter has been referred to the\nattorney general, any such penalty may be released or compromised and\nany action commenced to recover the same may be settled and discontinued\nby the attorney general with the consent of the Lake George park\ncommission.\n
N.Y. PBA Law § 2799-TT — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-TT
Additional bonds of the authority
Status: in_force

§ 2799-tt. Additional bonds of the authority. 1. Notwithstanding any\nprovision of this title or of any other law to the contrary, the\nauthority is hereby authorized to issue bonds, notes or other\nobligations in addition to those authorized by sections twenty-seven\nhundred ninety-nine-gg and twenty-seven hundred ninety-nine-ss of this\ntitle in an amount outstanding of up to nine billion four hundred\nmillion dollars for purposes of (i) funding costs of such educational\nfacilities capital plan, the five-year educational facilities capital\nplan approved in accordance with section twenty-five hundred ninety-p of\nthe education law and (ii) refunding bonds, notes or other obligations\nissued to pay such costs, and for payment of all other costs and\nexpenses relating to bonds, notes or other obligations described in\nclause (i) or (ii) of this subdivision or incurred pursuant to\nagreements relating to such bonds, notes or other obligations, including\nwithout limitation, capitalized interest, the funding of reserves and\ncosts of issuance. The city, acting through the mayor, may assign all or\nany portion of the state aid payable to the city of New York or the\nschool district of the city of New York pursuant to subdivision six of\nsection thirty-six hundred two of the education law of the state (or\npursuant to any successor provision of state law) to the authority and,\nafter such assignment, such aid and the right to receive such aid shall\nbe the property of the authority. Bonds issued pursuant to this section\nshall have a maximum maturity of up to thirty years.\n  2. Following notice from the city of New York to the director of the\nstate division of the budget and the state comptroller of such\nassignment, such payment shall be made by the state comptroller directly\nto the city's assignee; provided that such payment shall be subject and\nsubordinate to payment of such aid to the municipal bond bank agency\npursuant to section twenty-four hundred thirty-six of this article, the\neducational construction fund pursuant to section four hundred sixty-two\nof the education law, and the paying agent for bonds and notes in\ndefault pursuant to section ninety-nine-b of the state finance law.\n  3. Notwithstanding any inconsistent provision of law, amounts applied\npursuant to this section to fund the five-year educational facilities\ncapital plan and related costs, and amounts applied to pay debt service\non bonds, notes or other obligations described in clause (i) or (ii) of\nsubdivision one of this section (together with all other costs and\nexpenses referred to in such subdivision) shall be deemed to be paid\nfrom revenues of the city of New York for the purpose of any computation\nof federal or state aid.\n  4. The pledge and agreement of the state contained in section\ntwenty-seven hundred ninety-nine-ii of this title shall be fully\napplicable to bonds, notes or other obligations issued pursuant to this\nsection, and may be included in any agreement with the holders of such\nbonds, notes or other obligations. Nothing contained in this section\nshall be deemed to restrict the right of the state to amend, modify,\nrepeal or otherwise alter statutes relating to the state aid subject to\nsuch assignment, but such state aid shall in all events (i) continue to\nbe so payable, as assigned, so long as any such state aid is paid and\n(ii) continue to be calculated in accordance with the same formula used\nfor such calculation, and otherwise on the same basis as such aid is\ncalculated, on the date that the applicable project is approved for\nreimbursement.\n
N.Y. PBA Law § 2799-PP — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-PP
Assistance to the authority; employees of the authority
Status: in_force

§ 2799-pp. Assistance to the authority; employees of the authority.\n1. With the consent of any public corporation, the authority may use\nagents, employees and facilities thereof, paying to such public\ncorporation its agreed proportion of the compensation or costs.\n  2. Officers and employees of city agencies may be transferred to the\nauthority and officers and employees of the authority may be transferred\nto appropriate city agencies without examination and without loss of any\ncivil service or retirement status or rights. Any officer or employee of\nthe authority who heretofore acquired or shall hereafter acquire such\nposition status by transfer and who at the time of such transfer was a\nmember of the New York city employees' retirement system shall continue\nto be a member of such system as long as he or she continues in such\nservice, and shall continue to have all the rights, privileges and\nobligations of membership in such system. Employment by the authority\nshall constitute city-service for the purposes of chapter one of title\nthirteen of the administrative code of the city of New York. Transfers\nshall be in accordance with section seventy of the civil service law and\nthe rules of the civil service commission of the city. No such transfer\nshall be made except with the approval of the head of the agency\ninvolved and the chairperson of the authority and in compliance with\napplicable collective bargaining agreements and the rules and\nregulations of the civil service commission of the city.\n  3. A transferred employee shall remain in the same collective\nbargaining unit as was the case prior to his or her transfer, consistent\nwith the provisions of article fourteen of the civil service law and the\ncollective bargaining law of the city.\n  4. Nothing in this section shall be construed to affect the rights of\nemployees pursuant to a collective bargaining agreement.\n  5. Employees newly appointed by the authority to a same or similar\nposition or title as those represented by public employee organizations\nsubject to the New York city collective bargaining law shall be placed\nin the same collective bargaining unit as such same or similar position\nor title and shall be represented by the duly certified employee\norganization representing that unit.\n  6. The commissioner of labor relations of the city shall be the\nauthority's representative for purposes of the New York city collective\nbargaining law.\n  7. Employees of the authority shall be subject to chapter sixty-eight\nof the New York city charter, as amended from time to time.\n
N.Y. ENV Law § 27-3303 — New York Code / Act ENV / Article 27 / Title 33 / Section 27-3303
Producer plan
Status: in_force

§ 27-3303. Producer plan.\n  1. No later than December thirty-first, two thousand twenty-five, a\nproducer, either individually or cooperatively with one or more\nproducers, or a representative organization shall submit to the\ndepartment for the department's approval a plan for the establishment of\na carpet collection program that meets the collection requirements\ndescribed in this section.\n  2. A producer may satisfy the carpet collection program requirement of\nthis section by agreeing to participate collectively with other\nproducers. Any such collective carpet collection program shall notify\nthe department.\n  3. A producer or representative organization shall update the plan, as\nneeded, when there are changes proposed to the current program. A new\nplan or amendment will be required to be submitted to the department for\napproval when:\n  (a) there is a revision of the program's goals; or\n  (b) every three years from the date of approval of a previous plan.\n  4. The plan submitted by the producer or representative organization\nto the department under this section shall, at a minimum:\n  (a) provide a list of each participating producer and brands covered\nby the program;\n  (b) provide information on the products covered by the program;\n  (c) describe how the producer or representative organization will\ncollect, transport, recycle, and process carpet;\n  (d) describe how the program will provide for collection of carpet in\nthe state, free of cost and in a manner convenient to consumers and\ncarpet installers, including how the program will achieve, at a minimum,\na convenience standard which ensures that all counties of the state and\nall municipalities which have a population of ten thousand or greater\nhave at least one permanent collection site and one additional permanent\ncollection site for every thirty thousand people located in those areas,\nthat accepts carpet from consumers during normal business hours;\nhowever, with respect to a city having a population of one million or\nmore, after consultation with the department of sanitation of such city,\nthe department may otherwise establish an alternative convenience\nstandard. The producer or representative organization may coordinate the\nprogram with existing municipal waste collection infrastructure as is\nmutually agreeable. Convenience standards shall be evaluated by the\ndepartment periodically and the department may require additional\ncollection locations to ensure adequate consumer convenience;\n  (e) describe in detail education and outreach efforts to inform\nconsumers, carpet installers and others engaged in the management of\ndiscarded carpet about the program including, at a minimum, an internet\nwebsite and a toll-free telephone number and written information\nincluded at the time of sale of carpet that provides sufficient\ninformation to allow a consumer to learn how to return such carpet for\ndisposal, recycling or reuse;\n  (f) describe the methods to be used to reuse or recycle discarded\ncarpet;\n  (g) describe the methods to be used to manage or dispose of discarded\ncarpet that cannot be recycled or reused;\n  (h) describe how the program will meet annual performance goals, as\ndetermined by the department, provided that at a minimum, the program\nshall achieve the following recycling rates:\n  (i) a thirty percent recycling rate for carpets of which ten percent\nshall be closed-loop recycling by five years after the plan is approved\nby the department pursuant to section 27-3309 of this title;\n  (ii) a fifty percent recycling rate for carpets of which twenty\npercent shall be closed-loop recycling by ten years after the plan is\napproved by the department pursuant to section 27-3309 of this title;\nand\n  (iii) a seventy-five percent recycling rate for carpets, of which\nforty percent shall be closed-loop recycling by fifteen years after the\nplan is approved by the department pursuant to section 27-3309 of this\ntitle;\n  (i) describe what, if any, incentives will be used to encourage\nretailer participation;\n  (j) describe the outreach and education methods that will be used to\nencourage municipal landfill and transfer station participation;\n  (k) describe the sources of data and methodology for estimating the\namount of carpet discarded in the state annually; and\n  (l) any other information as specified by the department.\n
N.Y. ENV Law § 71-3305 — New York Code / Act ENV / Article 71 / Title 33 / Section 71-3305
Administrative procedures
Status: in_force

§ 71-3305. Administrative procedures.\n  1. In any proceeding initiated by the Lake George park commission\npursuant to this title, the commission or any person designated by the\ncommission for this purpose, may issue subpoenas and administer oaths in\nconnection with any hearing or investigation under or pursuant to the\nprovisions of this chapter, and it shall be the duty of the Lake George\npark commission and any persons designated by it for such purpose to\nissue such subpoenas at the request of and on behalf of any respondent.\n  2. The Lake George park commission and those persons designated by it\nshall not be bound by the laws of evidence in the conduct of hearing\nproceedings, but the determination shall be founded upon sufficient\nlegal evidence to sustain it.\n  3. All proceedings where the administrative penalties sought by the\nLake George park commission exceeds five thousand dollars, shall be\nreferred to the commissioner for processing in accordance with the\nprocedures specified in section 71-1709 of this chapter, except that,\nfollowing the processing of such proceedings, the Lake George park\ncommission shall make appropriate determinations and issue an order in\naccordance therewith in lieu of such action by the commissioner. All\nproceedings where the administrative penalties sought are less than or\nequal to five thousand dollars, may either be referred to the\ncommissioner as provided herein, or the Lake George park commission may\nappoint a hearing officer who must be an attorney admitted to practice\nlaw in the state of New York, who shall preside over such hearing and\nreport to the Lake George park commission regarding the hearing. The\ncommission shall establish by rules and regulations regarding\nqualifications of such hearing officers and appointment procedures,\nincluding per diem fees not to exceed two hundred fifty dollars.\n
N.Y. ENV Law § 27-3309 — New York Code / Act ENV / Article 27 / Title 33 / Section 27-3309
Department responsibilities
Status: in_force

§ 27-3309. Department responsibilities.\n  1. The department shall (a) maintain a list of producers who are\nimplementing or participating pursuant to section 27-3303 of this title,\n(b) maintain a list of each such producer's brands, and (c) post such\nlists on the department's website.\n  2. Beginning July first, two thousand twenty-six, the department shall\npost on its website the location of all collection sites identified to\nthe department by the producer in its plans and annual reports.\n  3. The department shall post on its website each producer plan\napproved by the department.\n  4. Within ninety days after receipt of a proposed plan or plan\namendment, the department shall approve or reject the plan or the plan\namendment. If the plan or plan amendment is approved, the department\nshall notify the producer or representative organization in writing. If\nthe department rejects the plan or plan amendment, the department shall\nnotify the producer or representative organization in writing stating\nthe reason for rejecting the plan or plan amendment. A producer or\nrepresentative organization whose plan is rejected shall submit a\nrevised plan to the department within thirty days of receiving a notice\nof rejection. If the department rejects the subsequent proposal, the\nproducer or producers at issue shall be out of compliance and subject to\nenforcement provisions.\n  5. The department shall submit a report regarding the implementation\nof this title in this state to the governor and legislature by April\nfirst, two thousand twenty-seven and every two years thereafter. The\nreport shall include, at a minimum, an evaluation of:\n  (a) the stream of carpet in the state;\n  (b) disposal, recycling and reuse rates in the state for carpet;\n  (c) a discussion of compliance and enforcement related to the\nrequirements of this title; and\n  (d) recommendations for any changes to this title.\n  6. Starting four years after the plan is approved by the department\npursuant to this section, the department shall impose a penalty of\ntwenty-five cents per pound to be assessed on the producer or\nrepresentative organization for the number of additional pounds of\ncarpet that would have needed to be recycled through the program to\nachieve the performance goals specified in the approved stewardship\nplan. All penalties collected pursuant to this section shall be paid\nover to the commissioner for deposit to the environmental protection\nfund established pursuant to section ninety-two-s of the state finance\nlaw.\n
N.Y. PBA Law § 2799-JJ — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-JJ
Agreement with the city
Status: in_force

§ 2799-jj. Agreement with the city. The city is authorized to pledge\nand agree with the holders of any issue of bonds and/or bond\nanticipation notes secured by such a pledge that the city will not limit\nor alter the rights hereby vested in the authority to fulfill the terms\nof any agreements made with such holders pursuant to this title, or in\nany way impair the rights and remedies of such holders or the security\nfor such bonds and/or bond anticipation notes until such bonds and/or\nbond anticipation notes, together with the interest thereon and all\ncosts and expenses in connection with any action or proceeding by or on\nbehalf of such holders, are fully paid and discharged. Nothing contained\nin this section shall be deemed to restrict any right the city may have\nto amend, modify or otherwise alter local laws imposing or relating to\nthe taxes payable to the authority pursuant to subsection (d) of section\neight hundred seventy-three or section thirteen hundred thirteen of the\ntax law so long as, after giving effect to such amendment, modification\nor other alteration, the amount of tax revenues projected by the mayor\nto be available to the authority during each of its fiscal years\nfollowing the effective date of such amendment, modification or other\nalteration shall be not less than one hundred fifty percent of maximum\nannual debt service on authority bonds then outstanding.\n
N.Y. PBA Law § 2799-SS — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-SS
Additional bonds of the authority
Status: in_force

§ 2799-ss. Additional bonds of the authority. Notwithstanding any\nprovision of this title or of any other law to the contrary, the\nauthority is hereby authorized to issue bonds, notes or other\nobligations in addition to those authorized by section twenty-seven\nhundred ninety-nine-gg of this title in an amount outstanding of up to\ntwo billion five hundred million dollars to pay all costs in the city's\nbudget (whether or not included or includable in the city's capital\nbudget) which are, in the judgment of the mayor, related to or arising\nfrom the terrorist attack on New York city that occurred on September\neleventh, two thousand one. In addition to or in lieu of any revenues or\nother money that may be paid or payable to the authority, such bonds,\nnotes or other obligations may be secured by and payable from the\nproceeds of other bonds, notes or other obligations of the authority or\nfederal or state aid related to or arising from the terrorist attack on\nNew York city that occurred on September eleventh, two thousand one. In\naddition, the authority may issue bonds, notes or other obligations\nwithout limitations as to amount, secured solely by and payable solely\nfrom such federal or state aid. The city, acting through the mayor, is\nhereby authorized to assign the right to receive any such federal or\nstate aid to the authority and, after such assignment, the right to\nreceive such aid shall be the property of the authority. Bonds issued\npursuant to this section shall have a maximum maturity of up to thirty\nyears.\n
N.Y. ENV Law § 27-3319 — New York Code / Act ENV / Article 27 / Title 33 / Section 27-3319
Limits on liability for antitrust, restraint of trade, or unfair trade practices
Status: in_force

§ 27-3319. Limits on liability for antitrust, restraint of trade, or\n             unfair trade practices.\n  1. A producer, representative organization, or retailer shall not be\nliable for any claim of a violation of antitrust, restraint of trade, or\nunfair trade practice laws arising from the performance of an action\nrequired to be undertaken by this title or which is necessary to\nimplement or participate under a producer plan approved by the\ndepartment, solely to increase the collection and recycling of carpet,\nwhich affects the types and quantities being collected and recycled or\nthe cost and structure of such collection program that the producer,\nrepresentative organization, or retailer is participating in pursuant to\nthis title.\n  2. Provided, however, subdivision one of this section shall not apply\nto any agreement establishing or affecting the price of carpet, except,\nas necessary, to fulfill producer responsibility under subdivision five\nof section 27-3305 of this title, the output or production of carpet, or\nrestricting the geographic area or customers to which carpet will be\nsold.\n
N.Y. ENV Law § 27-3317 — New York Code / Act ENV / Article 27 / Title 33 / Section 27-3317
Penalties
Status: in_force

§ 27-3317. Penalties.\n  Any producer, representative organization, or retailer who violates\nany provision of or fails to perform any duty imposed pursuant to this\ntitle shall be liable for a civil penalty not to exceed five hundred\ndollars for each violation and an additional penalty of not more than\nfive hundred dollars for each day during which such violation continues.\nCivil penalties shall be assessed by the department after a hearing or\nopportunity to be heard pursuant to the provisions of section 71-1709 of\nthis chapter.\n
N.Y. PBG Law § 436 — New York Code / Act PBG / Article 13 / Title 33 / Section 436
Auburn Housing Authority
Status: in_force

§ 436. Auburn Housing Authority.  A municipal housing authority, to be\nknown as the Auburn Housing Authority, is hereby created and established\nin the city of Auburn in the county of Cayuga for the accomplishment of\nany or all of the purposes specified in article eighteen of the\nconstitution of the state of New York. It shall constitute a body\ncorporate and politic and consist of five members. It shall have the\npowers and duties now or hereafter conferred by this chapter upon\nmunicipal housing authorities. It shall be organized in the manner\nprescribed by and subject to the provisions of this chapter, and the\nauthority, its members, officers and employees and its operations and\nactivities shall in all respects be governed by the provisions of this\nchapter. Such authority shall have perpetual duration; provided,\nhowever, that if, at the expiration of three years subsequent to the\ntime this section as hereby added takes effect, there shall be\noutstanding no bonds or other obligations of such authority theretofore\nissued for any of the purposes authorized in this chapter, then its\ncorporate existence shall thereupon terminate and such authority shall\nthereupon be deemed to be and shall be dissolved.\n
N.Y. PBA Law § 2799-BB — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-BB
Definitions
Status: in_force

§ 2799-bb. Definitions. For the purposes of this title, unless the\ncontext otherwise requires:\n  1. "Alternative revenues" means (i) sales and compensating use taxes\nthat the city is authorized by the state to impose and (ii) taxes\nimposed pursuant to section eleven hundred seven of the tax law.\n  2. "Authority" or "New York city transitional finance authority" means\nthe public benefit corporation created by this title.\n  3. "Bonds" means bonds, notes and other evidences of indebtedness,\nissued by the authority.\n  4. "Capital financing need" means a period during which and only the\nextent to which the issuance of bonds in accordance with this title\nwould assist the city in meeting its capital needs as determined by the\nmayor pursuant to section twenty-seven hundred ninety-nine-ff of this\ntitle.\n  5. "City" means the city of New York.\n  6. "Comptroller" means the comptroller of the city.\n  7. "Council" means the council of the city.\n  8. "Director of management and budget" means the director of\nmanagement and budget of the city.\n  9. "Mayor" means the mayor of the city.\n  10. "Project capital costs" or "costs" means costs, appropriated in\nthe capital budget of the city pursuant to chapters nine and ten of the\nNew York city charter, as amended from time to time, providing for the\nconstruction, reconstruction, acquisition or installation of physical\npublic betterments or improvements, or the costs of any preliminary\nstudies, surveys, maps, plans, estimates and hearings, or incidental\ncosts, including, but not limited to, legal fees, printing or engraving,\npublication of notices, taking of title, apportionment of costs, and\ninterest during construction, or any underwriting or other costs\nincurred in connection with the financing thereof.\n  11. "Public corporation" means and includes the city, the state and\nevery public corporation as defined in the general construction law.\n  12. "Revenues" means the tax revenues and all aid, rents, fees,\ncharges, payments and other income and receipts paid or payable to the\nauthority or a trustee for the account of the authority.\n  13. "Speaker" means the speaker of the council, elected pursuant to\nthe rules of the council.\n  14. "State" means the state of New York.\n  15. "Tax revenues" means the taxes paid or payable to the authority\npursuant to subsection (d) of section eight hundred seventy-three, or\nsection thirteen hundred thirteen, of the tax law and such other\nrevenues as the authority may derive directly from the state from taxes\nimposed by the city or the state and collected by the state.\n
N.Y. PBA Law § 2799-AA — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-AA
Short title
Status: in_force

§ 2799-aa. Short title.  This title shall be known and may be cited as\nthe "New York City Transitional Finance Authority Act".\n
N.Y. ENV Law § 27-3315 — New York Code / Act ENV / Article 27 / Title 33 / Section 27-3315
Post-consumer content requirements
Status: in_force

§ 27-3315. Post-consumer content requirements.\n  All carpet sold in the state shall be manufactured with the following\nminimum amounts from post-consumer sources:\n  1. within one year after the plan is approved by the department\npursuant to section 27-3309 of this title, a minimum of ten percent\npost-consumer content;\n  2. within four years thereafter, a minimum of twenty percent\npost-consumer content; and\n  3. five years thereafter, a minimum of thirty percent post-consumer\ncontent.\n
N.Y. PBA Law § 2799-CC — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-CC
New York city transitional finance authority
Status: in_force

§ 2799-cc. New York city transitional finance authority.  1. There is\nhereby created the New York city transitional finance authority. The\nauthority shall be a corporate governmental agency constituting a public\nbenefit corporation and an instrumentality of the state.\n  2.  In accordance with the provisions of this title, the authority may\nonly finance costs, including the refunding of bonds issued by the\nauthority to finance costs, and fund reserves to secure such bonds.\n  3.  The authority shall continue until all its liabilities have been\nmet or otherwise discharged. Upon the termination of the existence of\nthe authority, all of its rights and property shall pass to and be\nvested in the city.\n
N.Y. ENV Law § 27-3307 — New York Code / Act ENV / Article 27 / Title 33 / Section 27-3307
Retailer requirements
Status: in_force

§ 27-3307. Retailer requirements.\n  1. Beginning July first, two thousand twenty-six, no retailer may sell\nor offer for sale carpet in the state unless the producer of such carpet\nis participating in a carpet collection program. A retailer shall be in\ncompliance with this section if, on the date the carpet was offered for\nsale, the producer is listed on the department's website as implementing\nor participating in an approved program or if the carpet brand is listed\non the department's website as being included in the program.\n  2. Any retailer may participate, on a voluntary basis, as a designated\ncollection site pursuant to a carpet collection program and in\naccordance with all applicable laws and regulations.\n
N.Y. PBA Law § 2799-HH — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-HH
Resources of the authority
Status: in_force

§ 2799-hh. Resources of the authority. 1. Subject to the provisions of\nthis title, the directors of the authority shall receive, accept,\ninvest, administer, expend and disburse for its corporate purposes all\nmoney of the authority from whatever sources derived including (a)\npayments by the state comptroller pursuant to this title; (b) the\nproceeds of bonds; and (c) any other payments, gifts, or appropriations\nto the authority from any other source.\n  2. Subject to the provisions of any contract with bondholders, (a) the\nmoney of the authority shall be paid to the authority and shall not be\ncommingled with any other money, and (b) all money received by the\nauthority which, together with other money of the authority available\nfor the operating expenses of the authority, the payment of debt service\nand payments to reserve funds, exceeds the amount required for such\npurposes shall be transferred to the city on or before the last day of\neach month.\n  3. The money in any of the authority's accounts shall be paid out on\nchecks signed by the treasurer, or by other lawful and appropriate means\nsuch as wire or electronic transfer, on requisitions of the chairperson\nof the authority or of such other officer as the directors shall\nauthorize to make such requisition, or pursuant to a bond resolution or\ntrust indenture.\n  4. All deposits of authority money shall be secured by obligations of\nthe United States or of the state or of the city at a market value equal\nat all times to the amount of the deposit, and all banks and trust\ncompanies are authorized to give such security for such deposits. The\ncomptroller and his or her legally authorized representative are\nauthorized and empowered from time to time to examine the accounts and\nbooks of the authority, including its receipts, disbursements,\ncontracts, leases, sinking funds, investments and any other records and\npapers relating to its financial standing. The authority shall have the\npower, notwithstanding the provisions of this section, to contract with\nthe holders of any of its bonds as to the custody, collection, securing,\ninvestment and payment of any money of the authority or any money held\nin trust or otherwise for the payment of bonds or in any way to secure\nbonds, and to carry out any such contract notwithstanding that such\ncontract may be inconsistent with the other provisions of this title.\nMoney held in trust or otherwise for the payment of bonds or in any way\nto secure bonds and deposits of such money may be secured in the same\nmanner as money of the authority, and all banks and trust companies are\nauthorized to give such security for such deposits.\n  5. Tax revenues received by the authority pursuant to subsection (d)\nof section eight hundred seventy-three, or section thirteen hundred\nthirteen, of the tax law, together with any alternative revenues\nreceived by the authority, shall be applied in the following order of\npriority: first pursuant to the authority's contracts with bondholders,\nthen to pay the authority's operating expenses not otherwise provided\nfor, and then pursuant to the authority's agreements with the city,\nwhich agreements shall require the authority to transfer the balance of\nsuch taxes not required to meet contractual or other obligations of the\nauthority to the city as frequently as practicable.\n
N.Y. PBA Law § 2799-LL — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-LL
Tax exemption and tax contract by the state
Status: in_force

§ 2799-ll. Tax exemption and tax contract by the state. 1. It is\nhereby determined that the creation of the authority and the carrying\nout of its corporate purposes is in all respects for the benefit of the\npeople of the state of New York and is a public purpose. Accordingly,\nthe authority shall be regarded as performing an essential governmental\nfunction in the exercise of the powers conferred upon it by this title,\nand the authority shall not be required to pay any fees, taxes, special\nad valorem levies or assessments of any kind, including, but not limited\nto, franchise taxes, sales taxes or other taxes, upon or with respect to\nany property owned by it or under its jurisdiction, control or\nsupervision, or upon the uses thereof, or upon or with respect to its\nactivities or operations in furtherance of the powers conferred upon it\nby this title, or upon or with respect to any fares, tolls, rentals,\nrates, charges, fees, revenues or other income received by the\nauthority.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom shall at all times be exempt from taxation.\n  3. The state hereby covenants with the purchasers and with all\nsubsequent holders and transferees of bonds issued by the authority\npursuant to this title, in consideration of the acceptance of and\npayment for the bonds, that the bonds of the authority issued pursuant\nto this title and the income therefrom and all revenues, monies, and\nother property pledged to pay or to secure the payment of such bonds\nshall at all times be free from taxation.\n
N.Y. ENV Law § 15-3301 — New York Code / Act ENV / Article 15 / Title 33 / Section 15-3301
Definitions
Status: in_force

§ 15-3301. Definitions.\n  As used in this title the following terms shall mean:\n  1. "Land acquisition projects" means open space acquisition projects\nundertaken with willing sellers including, but not limited to, the\npurchase of conservation easements, undertaken by a municipality, a\nnot-for-profit corporation, or purchase of conservation easements by a\nsoil and water conservation district.\n  2. "Municipality" means the same as such term as defined in section\n56-0101 of this chapter.\n  3. "Not-for-profit corporation" means a corporation formed pursuant to\nthe not-for-profit corporation law and qualified for tax-exempt status\nunder the federal internal revenue code.\n  4. "Soil and water conservation district" means the same as such term\nas defined in section three of the soil and water conservation districts\nlaw.\n  5. "State assistance payment" means payment of the state share of the\ncost of projects authorized by this title to preserve, enhance, restore\nand improve the quality of the state's environment.\n
N.Y. PBA Law § 2799-MM — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-MM
Actions against the authority
Status: in_force

§ 2799-mm. Actions against the authority. 1.  Except in an action for\nwrongful death, no action or proceeding shall be prosecuted or\nmaintained against the authority for personal injury or damage to real\nor personal property alleged to have been sustained by reason of the\nnegligence or wrongful act of the authority or of any director, officer,\nagent or employee thereof, unless (a) it shall appear by and as an\nallegation in the complaint or moving papers that a notice of claim\nshall have been made and served upon the authority, within the time\nlimit prescribed by and in compliance with section fifty-e of the\ngeneral municipal law, (b) it shall appear by and as an allegation in\nthe complaint or moving papers that at least thirty days have elapsed\nsince the service of such notice and that adjustment or payment thereof\nhas been neglected or refused, and (c) the action or proceeding shall be\ncommenced within one year after the happening of the event upon which\nthe claim is based. An action against the authority for wrongful death\nshall be commenced in accordance with the notice of claim and time\nlimitation provisions of title eleven of article nine of this chapter.\n  2.  Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3.  The authority may require any person presenting for settlement an\naccount or claim for any cause whatever against the authority to be\nsworn before a director, counsel or an attorney, officer or employee\nthereof designated for such purpose, concerning such account or claim\nand when so sworn, to answer orally as to any facts relative to such\naccount or claim.  The authority shall have power to settle or adjust\nany claims in favor of or against the authority.\n  4.  The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on bonds, shall not exceed\nthe rate of interest on judgments and accrued claims against municipal\nauthorities as provided in the general municipal law.  Interest on\npayments of principal or interest on any bonds in default shall accrue\nat the rate specified in the general municipal law until paid or\notherwise satisfied.\n  5.  The venue of every action, suit or special proceeding brought\nagainst the authority shall be laid in the county of New York.\n  6. Neither any director of the authority nor any officer, employee, or\nagent of the authority, while acting within the scope of his or her\nauthority, shall be subject to any liability resulting from exercising\nor carrying out of any of the powers expressly given in this title. A\ndirector, officer or employee of the authority shall be deemed an\n"employee" for the purposes of section fifty-k of the general municipal\nlaw.\n
N.Y. PBA Law § 2799-DD — New York Code / Act PBA / Article 8 / Title 33 / Section 2799-DD
Administration of the authority
Status: in_force

§ 2799-dd. Administration of the authority. 1. The authority shall be\nadministered by five directors, consisting of the director of management\nand budget, the commissioner of finance of the city, the commissioner of\nthe department of design and construction of the city, the comptroller\nand the speaker of the council.\n  2. The director of management and budget shall serve as chairperson of\nthe authority. The chairperson or his or her alternate shall preside\nover all meetings of the directors and shall have such other duties as\nmay be fixed by the directors.\n  3. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state of New York, any city, county, town or village,\nany governmental entity operating any public school or college, any\nschool district or any other public agency or instrumentality which\nexercises governmental powers under the laws of the state, shall forfeit\nhis or her office or employment by reason of his or her acceptance of\nappointment as a director, officer or employee of the authority, nor\nshall service as such director, officer or employee of the authority be\ndeemed incompatible or in conflict with such office or employment.\n  4. Three directors shall constitute a quorum for the transaction of\nany business or the exercise of any power of the authority. No action\nshall be taken by the authority except pursuant to a favorable vote of\nat least three directors present at a meeting at which such action is\ntaken. Any director may, by written instrument, filed with and approved\nas to form by the authority, designate an alternate or alternates to\nperform, in the absence of such director, his or her duties unde this\ntitle. The term "director" as used in this title shall include such\nalternates, except that no alternate may designate an alternate pursuant\nto this subdivision. The designation of such alternates shall be deemed\ntemporary only and shall not affect the civil service or retirement\nrights of any persons so designated.\n  5. The authority shall appoint a treasurer and may appoint officers\nand agents as it may require and prescribe their duties.\n
N.Y. ENV Law § 27-3305 — New York Code / Act ENV / Article 27 / Title 33 / Section 27-3305
Producer responsibilities
Status: in_force

§ 27-3305. Producer responsibilities.\n  1. Beginning not later than July first, two thousand twenty-six, the\nproducer or representative organization shall implement the carpet\ncollection program utilizing collection sites established pursuant to\nparagraph (d) of subdivision four of section 27-3303 of this title.\n  2. A producer shall not sell, or offer for sale, carpet to any person\nin the state unless the producer is implementing or participating under\nan approved plan.\n  3. The program shall be free to the consumer, convenient and adequate\nto serve the needs of consumers in all areas of the state on an ongoing\nbasis.\n  4. A producer or representative organization shall maintain records\ndemonstrating compliance with the provisions of this title and make them\navailable for audit and inspection by the department for a period of\nthree years. The department shall make such records available to the\npublic upon request in accordance with the provisions of the state\nfreedom of information law and the regulations promulgated thereunder.\nRecord holders shall submit the records required to comply with the\nrequest within sixty working days of written notification by the\ndepartment of receipt of the request.\n  5. A producer or representative organization shall be responsible for\nall costs associated with the implementation of the carpet collection\nprogram, including but not limited to the cost of collection. A\nproducer, producers or representative organization shall pay costs\nincurred by the department in the administration and enforcement of this\ntitle. Exclusive of fines and penalties, the department shall only be\nreimbursed its actual cost of administration and enforcement.\n  6. Any person who becomes a producer on or after December\nthirty-first, two thousand twenty-five shall submit a plan to the\ndepartment, or notify the department that it has joined an existing\nplan, prior to selling or offering for sale in the state any carpet, and\nshall comply with the requirements of this title.\n  7. On or before July first, two thousand twenty-seven, and annually\nthereafter, a producer or representative organization shall submit a\nreport to the department that includes, for the previous program year, a\ndescription of the program, including, but not limited to, the\nfollowing:\n  (a) a detailed description of the methods used to collect, transport,\nand process carpet in the state, including detailing collection methods\nmade available to consumers and an evaluation of the program's\ncollection convenience;\n  (b) identification of all collection sites in the state;\n  (c) the weight of all of the producer's carpet collected in the state\nby method of disposition, including reuse, recycling and other methods\nof processing or disposal;\n  (d) an evaluation of whether the performance goals and recycling rates\nhave been achieved;\n  (e) the total cost of implementing the program;\n  (f) samples of all educational materials provided to consumers and a\ndetailed list of efforts undertaken and an evaluation of the methods\nused to disseminate such materials including recommendations, if any,\nfor how the educational component of the program can be improved; and\n  (g) any other information required by the department.\n  8. On or before January first of each program year following\nimplementation of the plan pursuant to section 27-3303 of this title,\neach producer, group of producers or representative organization shall\nsubmit a report to the department that assesses compliance with\nperformance goals and describes any modifications necessary to achieve\nsuch goals.\n