N.Y. ENV Law § 23-0501 — New York Code / Act ENV / Article 23 / Title 5 / Section 23-0501
Well permits
Status: in_force

§ 23-0501. Well permits.\n  1. a. This section shall not apply to (1) wells drilled, deepened,\nplugged back or converted in oil fields or pools which were discovered,\ndeveloped and operated prior to January first, nineteen hundred\neighty-one, and (2) wells drilled, deepened, plugged back or converted\nin natural gas fields or pools which were discovered, developed and\noperated prior to January first, nineteen hundred ninety-five and which\nare not being extended.\n  b. As used in titles five, seven and nine of this article, unless the\ncontext otherwise requires:\n  (1) "Statewide spacing" means spacing units for gas or oil wells that\nare within ten percent of the following sizes, as applicable, unless\nanother percentage is specifically stated:\n  (i) For Medina gas pools at any depth, 40 acres with the wellbore\nwithin the target formation no less than 460 feet from any unit\nboundary, plus, if applicable, the number of additional acres necessary\nand sufficient to ensure that any horizontal wellbore within the target\nformation is not less than 460 feet from any unit boundary;\n  (ii) For Onondaga reef or Oriskany gas pools at any depth, 160 acres\nwith the wellbore within the target formation no less than 660 feet from\nany unit boundary, plus, if applicable, the number of additional acres\nnecessary and sufficient to ensure that any horizontal wellbore within\nthe target formation is not less than 660 feet from any unit boundary;\n  (iii) For fault-bounded Trenton and/or Black River hydrothermal\ndolomite gas pools where the majority of the pool is between 4,000 and\n8,000 feet deep, 320 acres with the proposed productive section of the\nwellbore within the target formation no less than one-half mile from any\nother well in another unit in the same pool and no less than 1,000 feet\nfrom any unit boundary that is not defined by a field-bounding fault but\nin no event less than 660 feet from any unit boundary;\n  (iv) For fault-bounded Trenton and/or Black River hydrothermal\ndolomite gas pools where the majority of the pool is below 8,000 feet,\nwithin five percent of 640 acres with the proposed productive section of\nthe wellbore within the target formation no less than one mile from any\nother well in another unit in the same pool and no less than 1,500 feet\nfrom any unit boundary that is not defined by a field-bounding fault but\nin no event less than 660 feet from any unit boundary;\n  (v) For shale gas pools at any depth, for a vertical well outside any\nexisting spacing unit for the same formation, 40 acres with the wellbore\nwithin the target formation no less than 460 feet from any unit\nboundary;\n  (vi) For shale gas pools at any depth, for a horizontal well outside\nany existing spacing unit for the same formation and with a written\ncommitment from the well operator to drill infill wells pursuant to\nsubdivision 4 of section 23-0503 of this title, with all horizontal\ninfill wells in the unit to be drilled from a common well pad within\nthree years of the date the first well in the unit commences drilling,\nnotwithstanding the ten percent tolerance specified in this\nsubparagraph, up to 640 acres with the initial horizontal wellbore or\nwellbores within the target formation approximately centered in the\nspacing unit and no wellbore in the target formation less than 330 feet\nfrom any unit boundary;\n  (vii) For shale gas pools at any depth, for a horizontal well outside\nany existing spacing unit for the same formation and in the absence of a\nwritten commitment from the well operator to drill infill wells pursuant\nto subdivision 4 of section 23-0503 of this title, 40 acres with the\nwellbore within the target formation no less than 330 feet from any unit\nboundary plus the number of additional acres necessary and sufficient to\nensure that the wellbore within the target formation is not less than\n330 feet from any unit boundary;\n  (viii) For all other gas pools where the majority of the pool is above\nthe depth of 4,000 feet, 80 acres with the wellbore within the target\nformation no less than 460 feet from any unit boundary, plus, if\napplicable, the number of additional acres necessary and sufficient to\nensure that any horizontal wellbore within the target formation is not\nless than 460 feet from any unit boundary;\n  (ix) For all other gas pools where the majority of the pool is 4,000\nto 6,000 feet deep, 160 acres with the wellbore within the target\nformation no less than 660 feet from any unit boundary, plus, if\napplicable, the number of additional acres necessary and sufficient to\nensure that any horizontal wellbore within the target formation is not\nless than 660 feet from any unit boundary;\n  (x) For all other gas pools where the majority of the pool is 6,000 to\n8,000 feet deep, 320 acres with the wellbore within the target formation\nno less than 1,000 feet from any unit boundary, plus, if applicable, the\nnumber of additional acres necessary and sufficient to ensure that any\nhorizontal wellbore within the target formation is not less than 1,000\nfeet from any unit boundary;\n  (xi) For all other gas pools where the majority of the pool is below\n8,000 feet, within five percent of 640 acres with the wellbore within\nthe target formation no less than 1,500 feet from any unit boundary,\nplus, if applicable, the number of additional acres necessary and\nsufficient to ensure that any horizontal wellbore within the target\nformation is not less than 1,500 feet from any unit boundary;\n  (xii) For oil pools in the Bass Island, Trenton, Black River, Onondaga\nreef or other oil-bearing reefs at any depth, 40 acres with the wellbore\nwithin the target formation no less than 460 feet from any unit\nboundary, plus, if applicable, the number of additional acres necessary\nand sufficient to ensure that any horizontal wellbore within the target\nformation is not less than 460 feet from any unit boundary; and\n  (xiii) For all other oil pools at any depth, the wellbore within the\ntarget formation shall be no less than 165 feet from any lease boundary.\n  Wells completed under a well permit issued pursuant to clause (xii) or\n(xiii) of this subparagraph that do not produce oil may not commence\nproduction of natural gas prior to modification of the spacing unit\npursuant to applicable provisions of this title.\n  (2) "Well operator" means the applicant for a permit to drill, deepen,\nplug back or convert a well subject to this title and titles 7 and 9 of\nthis article, or the actual operator of the well if the well is not\noperated by the original applicant.\n  (3) "Permit" or "well permit" means a permit to drill, deepen, plug\nback or convert a well for production of oil or gas.\n  2. Every person who applies for a permit to drill an oil or gas well\nor deepen or plug back a well to a different pool after the effective\ndate of this section, notwithstanding prior orders, shall control\nthrough fee ownership, voluntary agreement, or integration pursuant to\nsection 23-0701 or 23-0901 of this article no less than sixty percent of\nthe acreage within the proposed spacing unit for such well and shall\nprovide the department with:\n  a. A map in a format specified by the department depicting the\nproposed spacing unit for the well, the surface and bottom hole\nlocations of the well, the location of the wellbore in the target\nformation, the location of any field-bounding faults within the proposed\nspacing unit, the acreage of the proposed spacing unit, and the\nboundaries of each tract wholly or partially within the proposed spacing\nunit as may be evidenced by tax identification numbers; and\n  b. A demonstration that the applicant controls the oil or gas rights,\nas applicable, in the target formation to be penetrated by the wellbore,\nprovided that, if the applicant does not control such oil or gas rights,\nthe department shall issue a permit that is conditional upon the\napplicant completing the integration process required by section 23-0901\nof this article before the applicant can exercise the right to drill,\ndeepen, plug back or convert under the permit.\n  3. (a) No permits shall be issued authorizing an applicant to drill,\ndeepen, plug back, or convert wells that use high-volume hydraulic\nfracturing or carbon dioxide to complete or recomplete natural gas or\noil resources. For purposes of this section, high-volume hydraulic\nfracturing shall be defined as the stimulation of a well using three\nhundred thousand or more gallons of water as the base fluid for\nhydraulic fracturing for all stages in a well completion, regardless of\nwhether the well is vertical or directional, including horizontal.\n  (b) There shall be a moratorium on the department taking actions on\napplications filed after the effective date of the chapter of the laws\nof 2020 which added this subdivision to drill, deepen, plug back, or\nconvert wells that use gelled propane hydraulic fracturing to complete\nor recomplete natural gas or oil resources until the department\ncompletes an analysis of the potential impacts of gelled propane\nfracturing and makes the analysis publicly available. The scope of the\ndepartment's analysis shall reflect the potential for development of oil\nand gas wells using gelled propane hydraulic fracturing and shall\ndisclose the potential adverse impacts to the environment. For purposes\nof this section, gelled propane hydraulic fracturing shall be defined as\nthe stimulation of a well using gelled propane or liquefied petroleum\ngas as the base fluid for hydraulic fracturing for all stages in a well\ncompletion, regardless of whether the well is vertical or directional,\nincluding horizontal.\n  4. In furtherance of the policy objectives of this article, the\ndepartment shall take all actions required by it under this title and\ntitles 7 and 9 of this article as expeditiously as possible.\n
N.Y. ELN Law § 8-508 — New York Code / Act ELN / Article 8 / Title 5 / Section 8-508
Challenge report; preparation of
Status: in_force

§ 8-508. Challenge report; preparation of. 1. The board of elections\nshall furnish to the board of inspectors of election in each election\ndistrict on each election day a challenge report. Such report shall be\ndivided into four sections and shall contain the following information\nand space to insert the information herein required.\n  2. (a) The first section of such report shall be reserved for the\ninspectors of election to enter the name, address and registration\nserial number of each person who claims a change in name, or a change of\naddress within the election district, together with the new name or\naddress of each such person. In lieu of preparing section one of the\nchallenge list, the board of elections may provide, next to the name of\neach voter in the computer generated registration list, a place for the\ninspectors of election to record the information required to be entered\nin such section one, or provide elsewhere in such registration list, a\nplace for the inspectors of election to enter such information.\n  (b) The second section of such report shall be reserved for the board\nof inspectors to enter the name, address and registration serial number\nof each person who is challenged at the time of voting together with the\nreason for the challenge. If no voters are challenged, the board of\ninspectors shall enter the words "No Challenges" across the space\nreserved for such names. In lieu of preparing section two of the\nchallenge report, the board of elections may provide, next to the name\nof each voter in the computer generated registration list, a place for\nthe inspectors of election to record the information required to be\nentered in such section two, or provide elsewhere in such registration\nlist, a place for the inspectors of election to enter such information.\n  (c) The third section of such report shall be reserved for the board\nof inspectors to enter the name, address and registration serial number\nof each voter given assistance, together with the reason the voter was\nallowed assistance, the name of the person giving such assistance and\nhis address if not an inspector. If no voters are given assistance, the\nboard of inspectors shall enter the words "No Assistance" across the\nspace reserved for such names. In lieu of providing section three of the\nchallenge report, the board of elections may provide, next to the name\nof each voter in the computer generated registration list, a place for\nthe inspectors of election to record the information required to be\nentered in such section three, or provide elsewhere in such registration\nlist, a place for the inspectors of election to enter such information.\n  (d) The fourth section of such report shall be reserved for the board\nof inspectors to enter the name, address and registration serial number\nof each person who was permitted to vote pursuant to a court order, or\nto vote on a paper ballot which was inserted in an affidavit envelope.\nIf there are no such names, such board shall enter the word "None"\nacross the space provided for such names. In lieu of providing section\nfour of such report, the board of elections may provide, next to the\nname of each voter in the computer generated registration list, a place\nfor the inspectors of election to record the information required to be\nentered in such section four, or provide elsewhere in such registration\nlist, a place for the inspectors of election to enter such information.\n  (e) At the foot of such report or at the end of any such computer\ngenerated registration list, if applicable, shall be a certificate that\nsuch report or list contains the names of all persons who were\nchallenged on the day of election, and that each voter so reported as\nhaving been challenged took the oaths as required, that such report or\nlist contains the names of all voters to whom such board gave or allowed\nassistance and lists the nature of the disability which required such\nassistance to be given and the names and family relationship, if any, to\nthe voter of the persons by whom such assistance was rendered; that each\nsuch assisted voter informed such board under oath that he required such\nassistance and that each person rendering such assistance took the\nrequired oath; that such report or list contains the names of all voters\nwho were permitted to vote although their registration poll records were\nmissing; that the entries made by such board are a true and accurate\nrecord of its proceedings with respect to the persons named in such\nreport or list.\n  (f) Upon the return of such report or lists to the board of elections,\nit shall complete the investigation of voting qualifications of all\npersons named in the second section thereof or for whom entries were\nplaced in such computer generated registration lists in lieu of the\npreparation of the second section of the challenge report, and shall\nforthwith proceed to cancel the registration of any person who, as noted\nupon such report, or in such list, was challenged at such election and\nrefused either to take a challenge oath or to answer any challenge\nquestion.\n  (g) The state board of elections shall prescribe a form of challenge\nreport for use pursuant to the provisions of this section. Such form may\nrequire the insertion of such other information as the state board shall\ndeem appropriate.\n
N.Y. PBH Law § 575-A — New York Code / Act PBH / Article 5 / Title 5 / Section 575-A
Source plasma donation centers
Status: in_force

§ 575-a. Source plasma donation centers. 1. Notwithstanding section\nfive hundred seventy-four and subdivision one of section five hundred\nseventy-one of this chapter, a source plasma donation center may collect\nsource plasma through plasmapheresis, and may employ a person to perform\ntotal protein tests using digital refractometers, and to perform\nhematocrit tests, if the source plasma donation center and such person\ncomply with all the requirements of federal law and regulations\ngoverning the collection of source plasma, including, but not limited\nto, laws governing staff supervision, training, and duties, including\nrequirements for performing total protein tests using digital\nrefractometers in a source plasma donation center.\n  2. The commissioner may make reasonable additional regulations\ngoverning source plasma donation centers, including requirements for\nregistration as a source plasma donation center and payment of a\nreasonable registration fee. Rules and regulations applicable to source\nplasma donation centers shall be consistent with this section.\n
N.Y. PBH Law § 571 — New York Code / Act PBH / Article 5 / Title 5 / Section 571
Definitions
Status: in_force

§ 571. Definitions. As used in this title:\n  1. "Clinical laboratory" means a facility for the microbiological,\nimmunological, chemical, hematological, biophysical, cytological,\npathological, genetic, or other examination of materials derived from\nthe human body, for the purpose of obtaining information for the\ndiagnosis, prevention, or treatment of disease or the assessment of a\nhealth condition or for identification purposes. Such examinations shall\ninclude procedures to determine, measure or otherwise describe the\npresence or absence of various substances, components or organisms in\nthe human body. The term clinical laboratory shall not include any\nfacility or activity specifically excluded by section five hundred\nseventy-nine of this title.\n  2. "Blood bank" means a facility for the collection, processing,\nstorage and/or distribution of human blood, blood components or blood\nderivatives, but shall not mean a source plasma donation center.\n  2-a. "Source plasma donation center" means a facility where source\nplasma is collected by plasmapheresis. "Source plasma" means the fluid\nportion of human blood collected by plasmapheresis and intended as\nsource material for plasma protein therapies. "Source plasma donation\ncenter" shall not include single donor plasma products intended for\nintravenous use.\n  2-b. "Plasmapheresis" means a procedure by which, during a single\nvisit to the facility, blood is removed from an individual, the source\nplasma separated from the formed elements, and at least the red blood\ncells are returned to the donor.\n  3. "Reference system" means a system of assessment of methods,\nprocedures and materials of clinical laboratories and blood banks,\nincluding, but not limited to, ongoing validation which may include\ndirect testing and experimentation by the department of such methods,\nprocedures and materials, the distribution of standards and guidelines,\ninspection of facilities, periodic submission of test specimens for\nexamination, and research conducted by the department that involves the\nstudy of new or existing methods, procedures and materials related to\nthe quality of clinical laboratory medicine.\n  4. "Director" means the person who is responsible for administration\nof the technical and scientific operation of a clinical laboratory or\nblood bank, including supervision of procedures and reporting of\nfindings of tests.\n  5. "Waived test" means a clinical laboratory test that has been\ndesignated as a waived test or is otherwise subject to certificate of\nwaiver requirements pursuant to the federal clinical laboratory\nimprovement act of nineteen hundred eighty-eight, as amended.\n  * 6. "Qualified health care professional" means a physician, dentist,\npodiatrist, optometrist performing a clinical laboratory test that does\nnot use an invasive modality as defined in section seventy-one hundred\none of the education law, pharmacist administering COVID-19 and\ninfluenza tests pursuant to subdivision seven of section sixty-eight\nhundred one of the education law, physician assistant, specialist\nassistant, nurse practitioner, or midwife, who is licensed and\nregistered with the state education department.\n  * NB Effective until July 1, 2030\n  * 6. "Qualified health care professional" means a physician, dentist,\npodiatrist, optometrist performing a clinical laboratory test that does\nnot use an invasive modality as defined in section seventy-one hundred\none of the education law, physician assistant, specialist assistant,\nnurse practitioner, or midwife, who is licensed and registered with the\nstate education department.\n  * NB Effective July 1, 2030\n  7. "Provider-performed microscopy procedure" means a procedure\nperformed by a qualified health care professional acting within the\nscope of his or her licensed profession, which has been designated as a\nprovider-performed microscopy procedure pursuant to the federal clinical\nlaboratory improvement act of nineteen hundred eighty-eight, as amended.\n  8. "Laboratory test registrant" means a person, partnership,\ncorporation, or other entity holding a valid certificate of registration\nto perform one or more waived tests or provider-performed microscopy\nprocedures pursuant to section five hundred seventy-nine of this title.\n
N.Y. ENV Law § 19-0507 — New York Code / Act ENV / Article 19 / Title 5 / Section 19-0507
Conduct of hearing
Status: in_force

§ 19-0507. Conduct of hearing.\n  1. The respondent to such complaint may file a written answer thereto\nat least three days prior to the hearing and may appear at such hearing\nin person or by representative, with or without counsel, and may submit\ntestimony, or may do both.\n  2. The hearing may be held before the commissioner or a representative\ndesignated by the commissioner.\n  3. The commissioner or his delegate shall have power to subpoena and\ncompel the attendance of witnesses and the production for examination of\nany book or paper relating to the matter under investigation. The\ncommissioner or his delegate at the request of any respondent to a\ncomplaint made pursuant to this article shall subpoena and compel the\nattendance of such witnesses and shall require the production for\nexamination of any such book or paper relating to the matter under\ninvestigation as the respondent may reasonably designate.\n  4. In the case of contumacy or refusal to obey a subpoena, the supreme\ncourt shall have jurisdiction upon the application of the commissioner\nor his delegate to issue an order requiring such person to appear and\ntestify or produce evidence as the case may require. Any failure to obey\nsuch an order may be judged by the court as contempt thereof.\n  5. The testimony taken at the hearing before the commissioner or his\ndelegate shall be under oath and recorded, stenographically or\notherwise.\n
N.Y. ENV Law § 29-0503 — New York Code / Act ENV / Article 29 / Title 5 / Section 29-0503
State agency actions on licenses, permits, or approvals for low-level radioactive waste management facilities
Status: in_force

§ 29-0503. State agency actions on licenses, permits, or approvals for\n             low-level radioactive waste management facilities.\n  1. With respect to any particular permanent disposal facilities, all\napplications for state licenses, permits, or other approvals required\nfor those facilities shall be submitted contemporaneously to the\nrespective state agencies with jurisdiction to grant such licenses,\npermits, or other approvals; and shall be accompanied by a draft\nenvironmental impact statement for those facilities and a list\nidentifying each state license, permit, or other approval for which such\napplications have been submitted and the jurisdictional state agency for\nsuch license, permit, or other approval.\n  2. Notwithstanding any other provision of law, all applications to a\nsingle state agency for required state licenses, permits, or other\napprovals for particular low-level radioactive waste management\nfacilities shall be consolidated by such state agency and considered in\na single proceeding, which shall be completed as expeditiously as\npossible.\n  3. All state agencies to which applications for required licenses,\npermits, or other approvals for particular low-level radioactive waste\nmanagement facilities have been submitted shall keep each other informed\nof the procedural status of such applications and the proceedings\nthereon.\n  4. With respect to the proceedings on applications for required state\nlicenses, permits, and other approvals for particular low-level\nradioactive waste management facilities:\n  a. If any such license, permit, or other approval for the particular\nlow-level radioactive waste management facilities in question is within\nthe jurisdiction of the department, the department shall be the lead\nagency with respect to environmental review of all applications to state\nagencies for such licenses, permits, or other approvals.\n  b. No later than thirty days after submission to the lead agency and\nother state agencies of such applications, the lead agency and each such\nother state agency shall give notice to the applicant that such\napplications within their respective jurisdictions have been determined\nto be complete or have been determined to be incomplete; provided,\nhowever, that when there is a requirement pursuant to federal law for a\ntentative determination or draft permit to be prepared prior to public\nnotice or hearing, the time within which the agency shall make its\ndetermination whether or not the application is complete shall be\nextended by thirty days. If any such application has been determined to\nbe incomplete, such notice shall include a detailed list of specific\ndeficiencies in such application.\n  c. No later than sixty days after the lead agency and other\njurisdictional state agencies have made their respective determinations\nthat such applications within their respective jurisdictions are\ncomplete, the lead agency shall begin public hearings on the draft\nenvironmental impact statement and all other matters related to such\napplications. Any state agency, other than the lead agency, which\ndetermines to conduct public hearings with respect to any action or\nproceeding before it on such applications shall conduct such public\nhearings jointly with the public hearings conducted by the lead agency\nwith respect to such facilities. The department shall hold an issues\nconference prior to the commencement of the hearing. At least one\nhearing shall be held at a reasonably convenient location in the general\ngeographic vicinity of each of the proposed sites.\n  d. No later than one hundred fifty days after the commencement of such\nhearings for any low-level radioactive waste management facilities, such\nhearings and the period for the receipt of any written comments,\narguments, or analyses with respect to matters raised in such hearings\nshall have been completed.\n  e. No later than ninety days after completion of such hearings and the\nperiod for the receipt of written comments, arguments, or analyses with\nrespect to matters raised in such hearings, the lead agency shall issue\na final environmental impact statement related to the applications which\nwere the subject of such hearings. In addition to any other information\notherwise required for a final environmental impact statement, such\nstatement shall include:\n  (i) Copies of the minutes of the public hearings held on the draft\nenvironmental impact statement associated with a state agency action on\na license, permit, or approval for a low-level radioactive waste\nmanagement facility, and the department's responses to the views,\ncomments, information and recommendations thereon; and\n  (ii) A listing providing a brief description, identification, or\nreference for each report, study, or other document relied upon by the\ndepartment for information supporting its analyses or conclusions.\n  f. The lead agency shall keep each other state agency before which any\nsuch application is pending informed of the progress of its development\nof the final environmental impact statement. Immediately upon issuance\nof the final environmental impact statement, the lead agency shall\ndeliver a copy to each such other state agency. No later than thirty\ndays after the issuance of such final environmental impact statement,\nthe lead agency and each such other state agency shall issue their\ndecisions with respect to such licenses, permits, and other approvals\nwith any reasonable modifications or conditions which the lead agency,\nand each such other state agency, respectively, finds required in\naccordance with the provisions of law and regulations applicable to its\nrespective action or proceeding. Each agency shall publish notice in the\nstate register of its decision with respect to such licensing or other\napproval. Each such decision shall be based upon the administrative\nrecord for the respective action or proceeding.\n  5. In any action or proceeding of the department or any other state\nagency on any application for a required state license, permit, or other\napproval for any low-level radioactive waste management facilities,\nincluding any related draft or final environmental impact statement\nproposed or submitted in connection with such application, the following\nmatters as determined by statute or certified pursuant to section\n29-0105 of this article shall not be in issue:\n  a. the need for such facilities or the alternative of no action;\n  b. the site or sites of such facilities;\n  c. for permanent disposal facilities, the disposal methods to be\nutilized;\n  d. the nature or type of facilities as specifically required or\nauthorized by statute; and\n  e. the classes of waste which may be stored or disposed of at such\nfacilities.\n
N.Y. BNK Law § 5001 — New York Code / Act BNK / Article 15 / Title 5 / Section 5001
Authorized shares
Status: in_force

§ 5001. Authorized shares. 1. Every corporation shall have power to\ncreate and issue the number of shares stated in its organization\ncertificate. Such shares may be all of one class or may be divided into\ntwo or more classes. Each class shall consist of shares with par value,\nhaving such designation and such relative voting, dividend, liquidation\nand other rights, preferences and limitations, consistent with this\nchapter, as shall be stated in the organization certificate. The\norganization certificate may deny, limit or otherwise define the voting\nrights and may limit or otherwise define the dividend or liquidation\nrights or shares of any class, but no such denial, limitation or\ndefinition of voting rights shall be effective unless at the time one or\nmore classes of outstanding shares, singly or in the aggregate, are\nentitled to full voting rights, and no such limitation or definition of\ndividend or liquidation rights shall be effective unless at the time one\nor more classes of outstanding shares, singly or in the aggregate, are\nentitled to unlimited dividend and liquidation rights.\n  2. If the shares are divided into two or more classes, the shares of\neach class shall be designated to distinguish them from the shares of\nall other classes. Shares which are entitled to preference in the\ndistribution of dividends or assets shall not be designated as common\nshares. Shares which are not entitled to preference in the distribution\nof dividends or assets shall not be designated as preferred shares.\n  3. Subject to the designations, relative rights, preferences and\nlimitations applicable to separate series and except as otherwise\npermitted by subdivision two of section five thousand five of this\nchapter, each share shall be equal to every other share of the same\nclass.\n
N.Y. EDN Law § 3807 — New York Code / Act EDN / Title 5 / Article 77 / Section 3807
Penalty for false reports and misapplication of public funds
Status: in_force

§ 3807. Penalty for false reports and misapplication of public funds.\nEvery person in the employ of the board of education of the city of New\nYork, and every school officer and every officer or teacher of a school\nor society, who shall wilfully sign a false report to such board of\neducation, shall for each offense forfeit the sum of twenty-five\ndollars; and every such person or officer who shall wilfully misapply\nany of the public funds committed to his care shall be deemed guilty of\nembezzlement.\n
N.Y. GOB Law § 5-531 — New York Code / Act GOB / Article 5 / Title 5 / Section 5-531
Brokerage on loans; recovery of excess; effect of restitution
Status: in_force

§ 5-531. Brokerage on loans; recovery of excess; effect of\nrestitution. 1. No person shall, directly or indirectly, take or receive\nmore than fifty cents for a brokerage, soliciting, driving or procuring\nthe loan or forbearance of one hundred dollars, and in that proportion\nfor a greater or less sum, except loans on real estate security; nor\nmore than thirty-eight cents for making or renewing any bond, bill, note\nor other security given for such loan or forbearance, or for any counter\nbond, bill, note or other security concerning the same.\n  2. For the purposes of this section:\n  a. "Consumer" means a natural person.\n  b. "Loan broker" means any individual, firm, corporation, or\npartnership who agrees for a fee to obtain a loan or credit for a\nconsumer or to assist a consumer in obtaining a loan or credit, other\nthan a loan or credit on real estate security.\n  c. No loan broker shall solicit, receive or collect from a consumer\nthe fee authorized by subdivision one of this section in advance of the\ndisbursement of loan proceeds or the extension of credit to a consumer.\n  d. No loan broker shall solicit, receive or collect from a consumer\nany fee, advance payment or compensation of any nature other than the\nfee authorized by subdivision one of this section.\n  3. a. Every person who shall pay, deliver or deposit any money,\nproperty or thing in action, over and above the rate aforesaid, and his\npersonal representatives may, within three years after such payment,\ndelivery or deposit, sue for and recover the same of the person so\ntaking or receiving such money, property or thing in action, or of his\npersonal representatives. Judgment may be entered in favor of a consumer\nin an amount not to exceed three times the actual damages plus\nreasonable attorneys' fees.\n  b. In case such suit shall not be brought within the time above\nprescribed, in good faith, or in case it shall be discontinued, or\nwillfully delayed, then the public welfare officials of the city or town\nwhere the offense was committed, may, within one year after such\nneglect, discontinuance or delay, sue for and recover the money,\nproperty or thing in action, so received, delivered or deposited, from\nthe person receiving the same, or his personal representatives, for the\nuse of the poor of the county.\n  c. In addition to the other remedies provided, whenever there shall be\na violation of subdivision two of this section, application may be made\nby the attorney general in the name of the people of the state of New\nYork to a court or justice having jurisdiction by a special proceeding\nto issue an injunction, and upon notice to the defendant of not less\nthan five days, to enjoin and restrain the continuance of such\nviolations; and if it shall appear to the satisfaction of the court or\njustice that the defendant has, in fact, violated this article, an\ninjunction may be issued by such court or justice, enjoining and\nrestraining any further violation, without requiring proof that any\nperson has, in fact, been injured or damaged thereby. In any such\nproceeding, the court may make allowances to the attorney general as\nprovided in paragraph six of subdivision (a) of section eighty-three\nhundred three of the civil practice law and rules, and direct\nrestitution. Whenever the court shall determine that a violation of this\narticle has occurred, the court may impose a civil penalty of not more\nthan one thousand dollars for each violation. In connection with any\nsuch proposed application, the attorney general is authorized to take\nproof and make a determination of the relevant facts and to issue\nsubpoenas in accordance with the civil practice law and rules.\n
N.Y. SOS Law § 410-K — New York Code / Act SOS / Article 6 / Title 5-A / Section 410-K
Supervision
Status: in_force

§ 410-k.  Supervision.  1.  The commissioner may from time to time\nmake, alter, amend and repeal rules and regulations for the supervision,\nexamination, regulation and audit of an eligible borrower and for\ncarrying into effect this title, and each eligible borrower shall submit\nan annual report of its operations to the commissioner and the agency\nwho may examine and audit the books and records of the eligible borrower\nat any time.\n  2.  The commissioner and the department shall have power to act for\nand in behalf of the agency in servicing the project mortgage loans of\nthe agency, and to perform such functions and services in connection\nwith the making, servicing and collection of such loans as shall be\nrequested by the agency.\n  3.  (a)  The commissioner and the department may, with respect to any\nproject of which the agency has acquired the fee or otherwise, enter\ninto an agreement with said agency subject to the approval of the\ndirector of the budget, for the department, as provided in paragraph (b)\nhereof, to operate the said project in a manner consistent with the\npurposes of this title.  In such event, the commissioner, on behalf of\nthe department, shall have the power to use any available funds to pay\nall operating expenses and to comply with all the terms and provisions\nof the mortgage, as though the mortgage had not been foreclosed, and to\ncomply with the provisions of this title.\n  (b)  Subject to the provisions of the agreement with said agency, the\ncommissioner may contract with any person, firm or corporation which he\ndeems qualified to operate and manage such project and to perform such\nduties and functions as he may deem necessary.\n  4.  Whenever the commissioner shall be of the opinion that an eligible\nborrower is failing or omitting, or is about to fail or omit to do\nanything required of it by law or by order of the commissioner and is\ndoing or is about to do anything, or permitting anything, or is about to\npermit anything to be done, contrary to or in violation of law or of any\norder of the commissioner, or which is improvident or prejudicial to the\ninterest of the public, the lienholders, the shareholders, or the\noccupants, the commissioner may, in addition to such other remedies as\nmay be available, commence an action or proceeding in the supreme court\nof the state of New York in the name of the commissioner, for the\npurpose of having such violations or threatened violations stopped and\nprevented, and in such action or proceeding, the court may appoint a\ntemporary or permanent receiver or both.  Such action or proceeding\nshall be commenced by a petition to the supreme court, alleging the\nviolation complained of and praying for appropriate relief.  It shall\nthereupon be the duty of the court to specify the time, not exceeding\ntwenty days after service of a copy of the petition, within which the\neligible borrowers complained of must answer the petition.  In case of\nany default or after answer the court shall immediately inquire into the\nfacts and circumstances in such manner as the court shall direct in the\ninterest of substantial justice without other or formal pleading.  Such\nother persons or corporations as it shall seem to the court necessary or\nproper to join as parties in order to make its order or judgment\neffective, may be joined as parties.  The final judgment in any such\naction or proceeding shall either dismiss the action or proceeding or\ndirect that an order or an injunction, or both, issue, or provide for\nthe appointment of a receiver as prayed for in the petition, or grant\nsuch other relief as the court may deem appropriate.\n
N.Y. RPT Law § 596 — New York Code / Act RPT / Article 5 / Title 5 / Section 596
Taxable status; judicial review
Status: in_force

§ 596. Taxable status; judicial review. 1. (a) Notwithstanding the\nprovisions of subdivision one of section three hundred two of this\nchapter, the value of oil and gas economic units to be assessed pursuant\nto this title shall be determined according to condition, measured by\nthe amount of production, as of the production year specified in section\nfive hundred ninety of this title.\n  (b) A final determination of the commissioner relating to unit of\nproduction values may only be reviewed in a proceeding commenced against\nthe commissioner in the manner provided by article seventy-eight of the\ncivil practice law and rules upon application of an affected assessor or\nproducer. Notwithstanding any provision of law to the contrary, such a\nproceeding shall be defended by counsel to the commissioner.\n  2. Prior to production, a lease or other conveyance of oil and gas\nrights in land which is otherwise entitled to an exemption from\ntaxation, in whole or in part, shall not be considered dispositive by\nthe assessor in determining whether that land is used exclusively for an\nexempt purpose.\n  3. The production of oil or gas by the owner of the land for personal\nnon-commercial purposes shall not be considered dispositive by the\nassessor in determining whether such land is used exclusively for an\nexempt purpose.\n
N.Y. PBH Law § 570 — New York Code / Act PBH / Article 5 / Title 5 / Section 570
Declaration of policy and statement of purpose
Status: in_force

§ 570. Declaration of policy and statement of purpose. The proper\nperformance of clinical laboratory and blood banking services is a\nmatter of vital concern, affecting the public health, safety and\nwelfare. Clinical laboratories and blood banks provide essential public\nhealth services in aiding the health care provider by furnishing\ninformation invaluable to the diagnosis and treatment of disease. The\nimproper performance of a laboratory procedure may induce an erroneous\ndiagnosis or contribute to the selection of an inappropriate method of\ntreatment, resulting in prolonged or unnecessary hospitalization, injury\nor even death. The protection of the people of this state requires\naffirmative action to insure that the performance of clinical laboratory\nand blood banking services meet high standards of public health care.\n  It is the purpose of this title to promote the public health, safety\nand welfare by requiring the licensure of clinical laboratories and\nblood banks, by establishing minimum qualifications for directors, and\nby requiring that the performance of all procedures employed by clinical\nlaboratories and blood banks meet minimum standards accepted and\napproved by the department.\n
N.Y. PBH Law § 263 — New York Code / Act PBH / Article 2 / Title 5* / Section 263
Department authorized to study obesity - report
Status: in_force

§ 263. Department authorized to study obesity - report. 1. The\ndepartment is authorized to sample and collect data on individual cases\nwhere obesity is being actively treated and to analyze such data in\norder to evaluate the impact of treating obesity. Such data collection\nand analysis shall include the following:\n  a. The effectiveness of existing methods for treating or preventing\nobesity;\n  b. The effectiveness of alternate methods for treating or preventing\nobesity;\n  c. The fiscal impact of treating or preventing obesity;\n  d. The compliance and cooperation of patients with various methods of\ntreating or preventing obesity; or\n  e. The reduction in serious medical problems associated with diabetes\nthat results from treating or preventing obesity.\n  2. The department is authorized to fund the research authorized in\nsubdivision one of this section from gifts, grants, and donations from\nindividuals, private organizations, foundations, or any governmental\nunit; except that no gift, grant, or donation may be accepted by the\ndepartment if it is subject to conditions that are inconsistent with\nthis title or any other laws of this state. The department shall have\nthe power to direct the disposition of any such gift, grant, or donation\nfor the purposes of this title.\n  3. After completion of the research authorized in subdivision one of\nthis section, the department shall submit a report and supporting\nmaterials to the governor and the legislature by June first of the\nfollowing year.\n
N.Y. RPT Law § 593 — New York Code / Act RPT / Article 5 / Title 5 / Section 593
Oil and gas charges
Status: in_force

* § 593. Oil and gas charges. 1. Each year the state office shall\ncharge producers for the establishment of unit of production values. The\namount of such charge to each producer shall be determined according to\nthe following schedules, provided, however, that in no case shall a\ncharge be made against any tax exempt organization.\n                               Schedule A\n                          Natural Gas Producers\nThousand Cubic Feet of Gas                                   Fee\n    1,000,000 or more                                       $3,000\n    500,000 - 999,999                                        2,000\n    250,000 - 499,999                                        1,000\n    100,000 - 249,999                                          650\n    50,000  -  99,999                                          175\n    10,000  -  49,999                                           60\n     1,000  -   9,999                                           25\n                                Schedule B\n                              Oil Producers\nBarrels of Oil Produced                                     Fee\n  20,000 or more                                            $600\n    10,000 - 19,999                                         300\n     1,000 -  9,999                                         150\n         1 -    999                                         25\n  2. The production used to determine such charge shall be the latest\nproduction reported by the producer to the department of environmental\nconservation immediately preceding the date on which the department is\nrequired to furnish the governor with estimates and information pursuant\nto section one of article seven of the constitution. The charge shall\nconstitute a lien upon all real property used in production during the\nproduction year and may be enforced by appropriate administrative and\njudicial proceedings commenced by counsel to the state office.\n  * NB Repealed March 31, 2027\n
N.Y. SOS Law § 410-CC — New York Code / Act SOS / Article 6 / Title 5 / Section 410-CC
Start up grants for child day care
Status: in_force

§ 410-cc. Start up grants for child day care. The commissioner shall\nprovide funds to start up grants to not-for-profit organizations or\ncorporations for the development of new or expanded all day child day\ncare programs including costs related to planning, renting, renovating,\noperating, and purchasing equipment. The commissioner shall establish\nguidelines including, but not limited to, allowable costs, and criteria\nfor eligibility for grants giving preference to those child day care\nproviders who will, to the maximum extent feasible, target services to\nhouseholds having incomes up to two hundred percent of the federal\npoverty standard.  The commissioner shall publicize the availability of\nfunds. No awards shall be granted which exceed twenty-five hundred\ndollars for a new family day care provider or new group family day care\nprovider, and one hundred thousand dollars for a new child day care\ncenter. Child care resource and referral agencies may receive family day\ncare start up grants not to exceed two thousand five hundred dollars per\nnew provider if the agency trains such new family provider and thereby\nexpands the supply of family day care programs in the community. The\ncommissioner shall give preference to those communities which are\nsignificantly underserved by existing programs and to those programs\nwhich and those providers who will serve infants under two years of age.\n
N.Y. EDN Law § 3653 — New York Code / Act EDN / Title 5 / Article 74 / Section 3653
Insurance reserve funds
Status: in_force

* § 3653. Insurance reserve funds. In addition to the provisions of\nthis article and to the provisions of section six-n of the general\nmunicipal law, any school district that establishes and maintains an\ninsurance reserve fund to make expenditures from such reserve fund for\nany loss, claim, action, or judgment for which the school district is\nauthorized or required to purchase or maintain insurance for the kinds\nof risks for which insurance is authorized pursuant to paragraph three\nof subsection (a) of section eleven hundred thirteen of the insurance\nlaw, pursuant to section six-n of the general municipal law or any other\nchapter of law, shall make all reserve fund transactions transparent to\nthe public by adopting a written insurance reserve fund policy, to be\nposted on the school district's website, that includes: the purpose of\nthe reserve fund, the optimal amount of funding of the reserve fund, its\nintended duration, the conditions under which reserve fund assets will\nbe used or replenished, a periodic analysis by the school board of the\nreserve fund balances to determine if reserves are at reasonable and\nappropriate levels, how the school authorities should reduce reserve\nfunds to reasonable levels when conditions warrant, how school\nauthorities will discontinue the reserve fund if no longer needed and\nany additional policies that the school authorities deem appropriate.\n  * NB There are 2 § 3653's\n
N.Y. ENV Law § 21-0513 — New York Code / Act ENV / Article 21 / Title 5 / Section 21-0513
Hearings
Status: in_force

§ 21-0513. Hearings.\n  Whenever the commission shall determine upon investigation that sewage\nor other polluting matter from any city, village, town, county, borough,\nmunicipality or other entity, as defined in the compact, building,\nsteamboat, or other vessel, or any garbage, offal or any decomposable or\nputrescible matter of any kind is being discharged into any waters of\nthe district, and whenever in the opinion of the commission such\ndischarge is polluting such waters in a manner injurious to or so as to\ncreate a menace to public health, welfare and recreational purposes, or\nso as to create a public nuisance, or so as to be obnoxious, the\ncommission may order the municipality, corporation or person so\ndischarging sewage, refuse or other matter, to show cause before it or\nits duly designated representative why such discharge should not be\ndiscontinued or why said commission should not issue an order regulating\nsuch pollution. A notice shall be served on the municipality,\ncorporation or person so discharging sewage, refuse or other matter,\ndirecting such municipality, corporation or person to show cause before\nthe said commission on a date specified in such notice why an order\nshould not be made directing the discontinuance of such discharge or\notherwise regulating the said pollution. Such notice shall specify the\ntime when and place where a public hearing will be held by the\ncommission or its duly delegated representative and shall be served\npersonally, or by mail at least fifteen days before said hearing, and in\ncase of a municipality or a corporation, such service shall be upon an\nofficer thereof. The person or persons presiding at such hearing shall\ntake evidence, and after conducting such public hearing, the commission\nshall by order prescribe a reasonable date on or before which such\nmunicipality, corporation or person discharging sewage, refuse or other\nmatter into the designated waters within the district, shall cease to\ndischarge such refuse or other matter and shall treat such sewage in\naccordance with the standards specified in the compact, and such order\nmay prescribe that certain specific progress shall be made at definite\ntimes prior to the final date fixed in such order. The commission shall\nhave authority to require from the officials and persons responsible for\nthe execution of such orders satisfactory evidence at specified times of\nproper progress in the execution of such orders.\n
N.Y. PBA Law § 904 — New York Code / Act PBA / Article 4 / Title 5 / Section 904
Projects of the authority
Status: in_force

§ 904. Projects of the authority. 1. The authority shall undertake\nprojects as authorized in this section upon a finding by the governing\nbody of the authority that such project:\n  (a) is consistent with a local or regional strategic plan for economic\ndevelopment;\n  (b) will create or retain permanent, full-time private sector jobs in\nthe service area or will result in a significant increase in business\nactivity in such area; and\n  (c) complements existing and planned private sector investment in the\nservice area and in proximity to the proposed project site.\n  2. The authority is authorized to apply for and accept funds from\nlocal, regional and state economic development agencies and public\nauthorities.\n  3. If, at the end of five years, starting from the date that this\ntitle becomes effective, no projects have been adopted by the authority\nas determined by a public vote on such project, and no bonds for any\nproject have been sold, this authority shall cease to exist.\n
N.Y. ENV Law § 56-0507 — New York Code / Act ENV / Article 56 / Title 5 / Section 56-0507
Recovery of state assistance
Status: in_force

§ 56-0507. Recovery of state assistance.\n  1. A municipality receiving state assistance under this title\nundertakes an environmental restoration project as agent of the state\nwith respect to the incurrence of eligible costs.\n  2. The state shall make all reasonable efforts to recover the full\namount of any state assistance provided under this title through\nlitigation brought under this section or other statute or under the\ncommon law, or through cooperative agreements, with responsible parties\n(other than the municipality to which state assistance was provided\nunder this title; or a successor in title, lender, or lessee who was not\notherwise a responsible party prior to the municipality's taking title\nto such property).\n  3. Any and all monies recovered or reimbursed pursuant to this section\nshall be deposited into the environmental restoration project account of\nthe hazardous waste remedial fund established under section\nninety-seven-b of the state finance law.\n
N.Y. ENV Law § 56-0501 — New York Code / Act ENV / Article 56 / Title 5 / Section 56-0501
Allocation of moneys
Status: in_force

§ 56-0501. Allocation of moneys.\n  1. Of the moneys received by the state from the sale of bonds pursuant\nto the Clean Water/Clean Air Bond Act of 1996, two hundred million\ndollars ($200,000,000) shall be available for disbursements for\nenvironmental restoration projects.\n  2. Beginning in state fiscal year two thousand fifteen--two thousand\nsixteen, environmental restoration projects may be funded using the\nproceeds of bonds issued pursuant to section twelve hundred\neighty-five-q of the public authorities law provided that funding for\nsuch projects shall conform to the limitations provided in subdivision\none of such section.\n
N.Y. PBA Law § 1107 — New York Code / Act PBA / Article 5 / Title 5 / Section 1107
Officers and employees not to be interested in transactions
Status: in_force

§ 1107. Officers and employees not to be interested in transactions.\nIt shall be a misdemeanor for any of the members of the authority, or\nany officer, agent, servant or employee thereof, employed or appointed\nby them to be in any way or manner interested directly or indirectly in\nthe furnishing of work, materials, supplies or labor, or in any contract\ntherefor which the authority is empowered by this title to make.\n
N.Y. RPT Law § 499-OOOO — New York Code / Act RPT / Article 4 / Title 5 / Section 499-OOOO
Tentative determination of assessment ceiling; notice, complaints and hearing
Status: in_force

* § 499-oooo. Tentative determination of assessment ceiling; notice,\ncomplaints and hearing. 1. Each year the commissioner shall make a\ntentative determination of an assessment ceiling for all local public\nutility mass real property. Thereafter, the commissioner shall give\nnotice, in writing or electronically, to each assessing unit and each\nowner of local public utility mass real property for which such\ntentative determination of an assessment ceiling shall have been made,\nspecifying the amount of such ceiling, and making available for\ninspection and copying the computations used to establish the tentative\nassessment ceiling amount pursuant to the public officers law, and\nsetting forth the time and place where the commissioner or his or her\ndesignee will meet to hear any complaint concerning such tentative\ndetermination. Such notice shall be sent electronically and served in\nwriting at least forty-five days prior to the date specified for such\nhearing.\n  2. A tentative assessment ceiling may be challenged before the\ncommissioner as follows:\n  (a) An owner of local public utility mass real property or the local\nassessing jurisdiction objecting to a tentative ceiling must serve a\ncomplaint upon the commissioner, in writing, and a copy thereof upon the\nassessing unit or owner of local public utility mass real property, as\nthe case may be, at least ten days before the date specified for the\nhearing. The complaint shall specify the objections to such tentative\ndetermination. Service may be made either in person or by mail.\n  (b) On or before the date specified for the hearing, an affidavit of\nservice shall be filed with the commissioner stating that service has\nbeen made in accordance with the provisions of this section.\n  3. The commissioner or his or her designee shall meet at the time and\nplace specified in such notice set forth in subdivision one of this\nsection to hear complaints in relation to the tentative determination of\nthe assessment ceiling. The provisions of section five hundred twelve of\nthis chapter shall apply so far as may be practicable to a hearing under\nthis section. Nothing contained in this subdivision shall be construed\nto require a hearing to be conducted when no complaints have been filed.\n  * NB Repealed January 1, 2031\n
N.Y. PBA Law § 1114-B — New York Code / Act PBA / Article 5 / Title 5-A / Section 1114-B
Definitions
Status: in_force

* § 1114-b. Definitions. As used or referred to in this title, unless\na different meaning clearly appears from the context:\n  1. "Authority" shall mean the corporation created by section eleven\nhundred fourteen-d of this title.\n  2. "Board of directors" shall mean the governing board of the\nauthority.\n  3. "Bonds" shall mean the bonds, notes or other evidences of\nindebtedness issued by the authority pursuant to this title.\n  4. "Calendar year" shall mean the twelve month period from January\nfirst through December thirty-first.\n  5. "Chief executive officer" when referring to a municipality shall\nmean the chief elected official of such municipality and, when referring\nto the authority, shall mean the chairperson of the authority.\n  6. "Civil service commission" shall mean the civil service commission\nof the county of Nassau.\n  7. "Comptroller" shall mean the comptroller of the state of New York.\n  8. "Construction" shall mean the negotiation, acquisition, erection,\nbuilding, alteration, improvement, testing, increase, enlargement,\nextension, reconstruction, interconnection, renovation or rehabilitation\nof a water facility as defined in this section; the inspection and\nsupervision thereof; and the engineering, architectural, legal,\nappraisal, fiscal, economic and environmental investigations, services\nand studies, surveys, designs, plans, working drawings, specifications,\nprocedures and other actions incidental thereto.\n  9. "Costs", as applied to any project, shall include the cost of\nconstruction, the cost of the acquisition of all property, including\nboth real, personal and mixed, the cost of demolishing, removing or\nrelocating any buildings or structures on lands so acquired including\nthe cost of acquiring any land to which such buildings or structures may\nbe moved or relocated, the cost of all systems, facilities, machinery,\napparatus and equipment, financing charges and bond discount, interest\nto the extent not paid or provided for from revenues or other sources,\nthe cost of engineering and architectural surveys, plans and\nspecifications, bond insurance, bond credit enhancement arrangements,\nother expenses necessary or incidental to the construction of such\nproject and the financing of the construction thereof, including the\ncost of legal and financial advices and credit arrangements with banks\nor other financial institutions, the amount authorized in the resolution\nof the authority providing for the issuance of bonds to be paid into any\nreserve or special fund from the proceeds of such bonds and the\nfinancing of the placing of any project in operation, including the\nreimbursement to any municipality, state agency, the state, the United\nStates government, or any other person for expenditures made by them\nthat would be costs of the project hereunder, notwithstanding the fact\nthat such expenditures may have been incurred prior to the effective\ndate of this title.\n  10. "County" shall mean the county of Nassau.\n  11. "Distribution system" shall mean the water facility or facilities\nemployed to deliver water from a transmission facility, or where there\nis no transmission facility, from a supply facility, to the ultimate\nconsumers of water.\n  12. "District" shall mean the water authority of South Nassau water\ndistrict created by section eleven hundred fourteen-c of this title.\n  13. "Governing body" shall mean:\n  (a) in the case of a city, county, town or village or district\ncorporation, the finance board as such term is defined in the local\nfinance law; or\n  (b) in the case of a public benefit corporation, the members thereof.\n  14. "Members" shall mean the members of the board of directors.\n  15. "Municipality" shall mean any city, county, town, village or\ncounty or town acting on behalf of an improvement district.\n  16."Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, groundwater riparian\nrights and air rights and any and all things and rights customarily\nincluded within the term "real property" and includes not only fee\nsimple absolute, but also any and all lesser interests including, but\nnot limited to, easements, rights of way, uses, leases, licenses and all\nother incorporeal hereditaments and every estate, interest or right,\nlegal or equitable, including terms for years and liens thereon by way\nof judgments, mortgages or otherwise.\n  17. "State sanitary code" shall mean regulations adopted pursuant to\nsection two hundred twenty-five of the public health law.\n  18. "State" shall mean the state of New York.\n  19. "State agency" shall mean any state office, public benefit\ncorporation, department, board, commission, bureau or division, or other\nagency or instrumentality of the state.\n  20. "Supply facility" shall mean a water facility employed to make\ngroundwater or surface water available for delivery into a transmission\nfacility or distribution system.\n  21. "System revenues" shall mean all rates, rents, fees, charges,\npayments and other income and receipts derived from users of the\nauthority without limiting the generality of the foregoing, investment\nproceeds and proceeds of insurance, condemnation, sales or other\ndispositions of assets, together with all federal, state or municipal\naid as well as any other income derived from the operation of the water\nfacility of the authority.\n  22. "Transmission facility" shall mean a water facility used to carry\nwater from a supply facility to a distribution system.\n  23. "Treasurer" shall mean the treasurer of the authority.\n  24. "Water facility" or "water facilities" shall mean any plants,\nstructures and other real and personal property acquired, rehabilitated\nor constructed for the purpose of supplying, transmitting, distributing\nor treating water, including but not limited to surface or groundwater\nreservoirs, basins, dams, canals, aqueducts, standpipes, conduits,\npipelines, mains, pumping stations, water distribution systems,\ncompensating reservoirs, intake stations, waterworks or sources of water\nsupply, wells, purification or filtration plants or other treatment\nplants and works, connections, water meters, rights of flowage or\ndiversion and other plants, structures, equipment, towers, conveyances,\nreal or personal property or rights therein and appurtenances thereto\nnecessary or useful and convenient for the accumulation, supply,\ntransmission, treatment or distribution of water.\n  25. "Water project" shall mean any water facility, including the\nplanning, development, financing or construction thereof.\n  26. "Watershed rules" shall mean the rules and regulations made by the\ndepartment of health pursuant to section eleven hundred of the public\nhealth law.\n  * NB There are 2 § 1114-b's\n
N.Y. PBH Law § 575 — New York Code / Act PBH / Article 5 / Title 5 / Section 575
Issuance of permits
Status: in_force

§ 575. Issuance of permits. 1. Application for a permit shall be made\nby the owner and the director of the clinical laboratory or blood bank\nin a manner and format prescribed by the department. The application\nshall contain the name of the owner, the name of the director, the\nprocedures or categories of procedures or services for which the permit\nis sought, the location or locations and physical description of the\nfacility or location or locations at which tests are to be performed or\nat which a blood bank is to be operated, and such other information as\nthe department may require.\n  2. A permit shall not be issued unless a valid certificate of\nqualification has been issued pursuant to the provisions of section five\nhundred seventy-three of this title, unless all fees and outstanding\npenalties, if any, have been paid, and the department finds that the\nclinical laboratory or blood bank is competently staffed and properly\nequipped, and will be operated in the manner required by this title.\n  3. The permit shall be issued jointly to the owner and the director\nand they jointly and severally shall be responsible to the department\nfor the maintenance and operation of the clinical laboratory or blood\nbank and for any violations of this title and the rules and regulations\npromulgated thereunder.\n  4. A permit shall be valid for the year for which it is issued. The\ninitial application for a permit shall be accompanied by a registration\nfee of one hundred dollars.\n  5. The permit shall specify the names of the owners and the director,\nthe procedures or categories of procedures or services authorized, and\nthe locations at which such procedures or services may be performed. The\npermit and the certificate of qualification shall be displayed at all\ntimes in a prominent place in the laboratory.\n  6. A permit shall become void by a change in the director, owner, or\nlocation. A category on a permit shall become void by a change in the\ndirector for that category. The department may, pursuant to regulations\nadopted under this title, extend the date on which a permit or category\non a permit shall become void for a period not to exceed sixty days from\nthe date of a change of the director, owner or location. An application\nfor a new permit must be made in the manner provided by this section.\n
N.Y. ENV Law § 58-0503 — New York Code / Act ENV / Article 58 / Title 5 / Section 58-0503
Programs, plans and projects
Status: in_force

§ 58-0503. Programs, plans and projects.\n  1. Eligible open space working lands conservation and recreation\nprojects include, but are not limited to:\n  a. costs associated with open space land conservation projects;\n  b. costs associated with purchasing conservation easements to protect\nfarmland pursuant to article twenty-five-aaa of the agriculture and\nmarkets law; and\n  c. costs associated with recreational infrastructure projects.\n  2. The department or the office of parks, recreation and historic\npreservation are authorized to undertake open space land conservation\nprojects, in cooperation with willing sellers pursuant to subdivision\none of this section and may enter into an agreement for purchase of real\nproperty or conservation easements on real property by a municipality or\na not-for-profit corporation. Any such agreement shall contain such\nprovisions as shall be necessary to ensure that the purchase is\nconsistent with, and in furtherance of, this title and shall be subject\nto the approval of the comptroller and, as to form, the attorney\ngeneral. In undertaking such projects, such commissioners shall consider\nthe state land acquisition plan prepared pursuant to section 49-0207 of\nthis chapter. Further, the department or the office of parks, recreation\nand historic preservation are authorized to provide state assistance\npayments to municipalities for eligible projects consistent with\nparagraphs a and c of subdivision one of this section.\n  3. The cost of an open space land conservation project shall include\nthe cost of preparing a management plan for the preservation and\nbeneficial public enjoyment of the land acquired pursuant to this\nsection except where such a management plan already exists for the\nacquired land.\n  4. The department and the department of agriculture and markets are\nauthorized to provide, pursuant to paragraph b of subdivision one of\nthis section, farmland preservation implementation grants to county\nagricultural and farmland protection boards pursuant to article\ntwenty-five-aaa of the agriculture and markets law, or to\nmunicipalities, soil and water conservation districts or not-for-profit\ncorporations for implementation of projects.\n  5. The department is authorized to expend moneys to purchase\nequipment, devices, and other necessary materials and to acquire fee\ntitle or conservation easements in lands for monitoring, restoration,\nrecovery, or reintroduction projects for species listed as endangered or\nthreatened or listed as a species of special concern pursuant to section\n11-0535 of this chapter.\n  6. The department or the office of parks, recreation and historic\npreservation are authorized to expend moneys for the planning, design,\nand construction of projects to develop and improve parks, campgrounds,\nnature centers, fish hatcheries, and other recreational facilities.\n  7. The commissioner and a not-for-profit corporation may enter into a\ncontract for the undertaking by the not-for-profit corporation of an\nopen space land acquisition project.\n  8. Real property acquired, developed, improved, restored or\nrehabilitated by or through a municipality pursuant to paragraph a of\nsubdivision one of this section or undertaken by or on behalf of a\nmunicipality with funds made available pursuant to this title shall not\nbe sold, leased, exchanged, donated or otherwise disposed of or used for\nother than public park purposes without the express authority of an act\nof the legislature, which shall provide for the substitution of other\nlands of equal 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  9. Provided that for the purposes of selecting projects for funding\nunder paragraphs a and b of subdivision one of this section, the\nrelevant agencies shall develop eligibility guidelines and post\ninformation on the department's website in the environmental notice\nbulletin providing for a thirty day public comment period and upon\nadoption post such eligibility guidelines on the relevant agency's\nwebsite.\n
N.Y. PBH Law § 4161 — New York Code / Act PBH / Article 41 / Title 5 / Section 4161
Pregnancy loss certificates; form and content; health care professionals and hospital administrators
Status: in_force

§ 4161. Pregnancy loss certificates; form and content; health care\nprofessionals and hospital administrators. 1. The certificate of\npregnancy loss and the report of pregnancy loss shall contain such\ninformation and be in such form as the commissioner may prescribe;\nprovided however that commencing on or after the implementation date\nunder section forty-one hundred forty-eight of this article, information\nand signatures required by this subdivision shall be obtained and made\nin accordance with section forty-one hundred forty-eight of this\narticle, except that unless requested by the individual who experienced\nthe pregnancy loss neither the certificate nor the report of pregnancy\nloss shall contain the name of the individual, such individual's social\nsecurity number or any other information, alone or in combination, which\nwould permit such individual to be identified except as provided in this\nsubdivision. The report shall state that a certificate of pregnancy loss\nwas filed with the commissioner and the date of such filing.\n  2. In each case where a health care provider licensed pursuant to\ntitle eight of the education law and acting within the scope of such\nhealth care provider's practice was in attendance at or after a\npregnancy loss, it is the duty of such health care provider to certify\nthe pregnancy loss certificate.\n  3. Where a pregnancy loss occurs without the attendance of a health\ncare provider as provided in subdivision two of this section and the\nindividual experiencing the pregnancy loss seeks disposition of the\nproducts of conception in accordance with section forty-one hundred\nsixty-two of this title, such individual may present themselves to the\ncoroner or medical director of the county, or if there be more than one,\nto a coroner having jurisdiction, or to the medical examiner to certify\nthe pregnancy loss certificate. Provided, however, nothing in this\nsection shall provide the coroner, medical director, or medical examiner\nwith the authority to investigate an individual who experienced a\npregnancy loss.\n  4. When a pregnancy loss occurs in a hospital, except in those cases\nwhere certificates are issued by coroners or medical examiners, the\nperson in charge of such hospital or such person's designated\nrepresentative shall ensure that the certificate is promptly prepared in\naccordance with the provisions of this article and regulations as\npromulgated by the commissioner.\n  5. A local registrar shall not charge a fee for the issuance of a\ncertificate of pregnancy loss under this article.\n
N.Y. SOS Law § 97 — New York Code / Act SOS / Article 3 / Title 5 / Section 97
Low-income home energy assistance program
Status: in_force

§ 97. Low-income home energy assistance program. 1. The department is\nauthorized to develop and submit to the governor the application and\nplan required by title twenty-six of the federal omnibus budget\nreconciliation act of nineteen hundred eighty-one, and to amend and to\ntake whatever other action may be necessary with respect to such plan,\nincluding, but not limited to, acting for the state in any negotiations\nrelative to the submission of such plan, and making such arrangements\nand taking such action, not inconsistent with law, as may be required to\nsubmit, implement, administer and operate such plan, and to secure for\nthe state the benefits available under such act.\n  2. Each social services district shall be required, in accordance with\nthe state plan and federal regulations, to participate in the federal\nlow-income home energy assistance program and to assist eligible\nhouseholds found in such districts to obtain low-income home energy\nassistance. However, only those persons who qualify for low-income home\nenergy assistance in accordance with federal and state requirements, and\nstandards promulgated by the department, shall be certified as eligible\nfor and entitled to receive said home energy assistance. No person,\nhowever, shall be certified as eligible for and entitled to receive said\nhome energy assistance if no federal funds are available for such\npurpose.\n  3. Any inconsistent provision of law notwithstanding, the amount of\nany home energy assistance payments or allowances provided to an\neligible household under said plan shall not be considered income or\nresources of such households, or of any member thereof, for any purpose\nunder any federal or state law, including any law relating to taxation,\nfood stamps, public assistance or other benefits available pursuant to\nthis chapter.\n  4. Expenditures made by a social services district pursuant to the\nfederal low-income home energy assistance program, including the costs\nof administration, shall be subject to one hundred percent reimbursement\nby the state, if and for so long as federal funds are available for the\nfull amount of such expenditures.\n  5. No less than fifteen percent of the funds available to New York\nstate under the federal low-income home energy assistance program shall\nbe used for low-cost residential weatherization or other energy-related\nhome repair for low-income households, as follows:\n  a. No less than ten percent of the funds available to New York state\nunder the federal low-income home energy assistance program shall be\nallocated to the division of housing and community renewal, the housing\ntrust fund corporation, or the housing finance agency as designated by\nthe division of housing and community renewal for the weatherization\nassistance program and other low-cost residential weatherization or\nother energy-related home repair for low-income households. All such\nprograms and expenditures shall be provided in the annual New York state\nweatherization assistance program state plan or by agreement with the\noffice of temporary and disability assistance.\n  b. Administrative funds to implement the program described in this\nsubdivision at the state and local levels shall be set at ten percent of\nthe total amount allocated to the division of housing and community\nrenewal. Administrative monies shall be derived from funds identified by\nthe division of the budget as that portion of the home energy assistance\nprogram grant reported to the federal department of health and human\nservices for state administration of such program.\n
N.Y. ENV Law § 21-0525 — New York Code / Act ENV / Article 21 / Title 5 / Section 21-0525
Interstate air pollution
Status: in_force

§ 21-0525. Interstate air pollution.\n  When the state of New Jersey shall have enacted legislation of\nsubstantially similar import and for so long as such legislation of the\nstate of New Jersey remains in force, the interstate environmental\ncommission shall, in addition to its other powers, duties and functions\nhave authority, in accordance with article three of the tri-state\ncompact set forth in section 21-0501 of this chapter, to engage in\nactivities with respect to interstate air pollution problems between the\nstates of New York and New Jersey as follows:\n  a. to conduct studies;\n  b. to undertake research, testing and development;\n  c. to gather, exchange and disseminate information with and among\npublic or private bodies, persons or organizations and to cooperate with\nany of them in solving air pollution problems;\n  d. to take samplings and to trace sources of air pollutants;\n  e. to refer complaints to an appropriate enforcement agency or\nagencies of the states in which the sources are located and to which air\npollutants are carried, along with such data and information as it may\nhave obtained with respect to the nature, characteristics, source, path\nand effect of air pollutants;\n  f. whenever found appropriate on the basis of such studies and\nresearch, (1) to make recommendations and reports to the governors and\nlegislatures of the participating states;\n  (2) to recommend to the legislatures, air pollution control agencies\nand municipalities of the states the establishment of such specific\ncontrol and enforcement measures as may be necessary to abate air\npollution in one state which endangers the health and welfare of people\nin another state;\n  (3) to join in a requirement upon the federal Administrator of the\nEnvironmental Protection Agency that he convene a conference pursuant to\nthe federal clean air act, and to participate in such a conference; and\n  (4) to recommend and assist in the establishment of air pollution\nmonitoring systems and air pollution warning systems.\n  The primary effort of the interstate environmental commission under\nthis act shall be directed to air contaminant solids, liquids or gases\nwhich are toxic, disagreeable or irritant, or which are destructive.\n  In carrying out its functions under this act, the interstate\nenvironmental commission shall make use of the services, facilities and\ninformation of existing state, local and federal agencies wherever\nfeasible and available.\n  In furtherance of the purposes of this act, the interstate\nenvironmental commission is empowered to accept moneys, property and\nother donations or gifts from any person whatever, whether public,\nprivate or governmental, real or artificial.\n  No trade secret or secret process shall be inquired into by the\ninterstate environmental commission under this act, whether with respect\nto one or more of the substances or one or more of the processes,\noperations, techniques or devices used in connection therewith, and\nwhenever a trade secret or secret process is involved, the activity\nunder this act shall be limited to the identification of the device or\nfacility from which the effluent discharged into the outer air derives,\nand the nature, rate and period of emission of such effluent.\n  All information obtained from any sampling, tracing or other specific\ninquiry performed under this act shall be kept and maintained as a\nconfidential disclosure and, except as may be essential for the purpose\nof referring a complaint to an appropriate enforcement agency and of any\nenforcement proceeding by or before any such agency, shall not be\ndisclosed or published in any way other than such as will not identify a\ngiven substance, process, operation, technique or device with the\nphysical location or identity of the source plant or facility, or with\nthe product made or service performed, or with the person or persons\nusing the same.\n  A printed copy of the provisions of this section shall be furnished on\nrequest to any person furnishing information to the interstate\nenvironmental commission and, in case of an inquiry at a plant or\nfacility, to the person then in charge of the same.\n  So long as the activities conducted pursuant to this act are limited\nto the states of New York and New Jersey, all of the costs and expenses\nof the same, direct and indirect, shall be met, within the limits of\navailable appropriations therefor, by said two states in equal shares\nand all actions of the interstate environmental commission with respect\nto such activities shall be governed solely by the commissioners from\nthe states of New York and New Jersey, with like effect as though the\nstate of Connecticut were not a participant of said commission, and for\nthis purpose the commission shall establish administratively a separate\ndivision on interstate air pollution, and maintain separate financial\naccounts to reflect its direct and allocated costs and expenses;\nprovided, however, that the full commission, including the members\nrepresenting the state of Connecticut, shall rule on all matters\ntouching the accounting systems to be used and the charging and\nallocation of costs and expenses.\n
N.Y. PBH Law § 573 — New York Code / Act PBH / Article 5 / Title 5 / Section 573
Issuance of certificates of qualification
Status: in_force

§ 573. Issuance of certificates of qualification. 1. The department\nshall issue a certificate of qualification to any person who meets\nminimum qualifications, prescribed by the department and in accordance\nwith federal regulations, including board certification as required, and\nwho otherwise demonstrates to the department that such person possesses\nthe character, competence, training and ability to administer properly\nthe technical and scientific operation of a clinical laboratory or blood\nbank, including supervision of procedures and reporting of findings of\ntests.\n  2. Application for a certificate of qualification shall be made on\nforms provided by the department and such other information as the\ndepartment may require.\n  3. The certificate shall be valid for a period of two years from the\ndate of issuance and may be renewed for successive two-year periods\nthereafter. The original application and each renewal application shall\nbe accompanied by a registration fee of one hundred fifty dollars.\n  4. Notwithstanding the provisions of this section, the commissioner\nmay issue a temporary certificate of qualification to any person pending\nthe issuance of a certificate as provided in this section. A temporary\ncertificate shall be valid for a period of thirty days from the date of\nits issuance and may be renewed for a maximum of four successive periods\nof thirty days.\n
N.Y. ENV Law § 56-0511 — New York Code / Act ENV / Article 56 / Title 5 / Section 56-0511
Change of use
Status: in_force

§ 56-0511. Change of use.\n  1. At least sixty days before the start of physical alteration or\nconstruction constituting a change of use at a property investigated or\nremediated under an environmental restoration project, or at least sixty\ndays before a change of use at such a property not involving any\nphysical alteration or construction, as the case may be, the person or\nentity proposing to make a change of use shall provide written\nnotification to the department and the clerks of the county and other\nmunicipalities in which such property is located.\n  2. No person shall engage in any activity at a property investigated\nor remediated under an environmental restoration project that is not\nconsistent with restrictions placed upon the use of the property, or\nthat will, or that reasonably is anticipated to: prevent or interfere\nsignificantly with a proposed, ongoing, or completed project; or expose\nthe public health or the environment to a significantly increased threat\nof harm or damage from such property. If the commissioner determines\nthat a proposed change of use is prohibited pursuant to this section, he\nor she shall, within forty-five days after receipt of the complete\nnotice required by this section, provide the person giving such notice\nwith a written determination that such change of use will not be\nauthorized, together with the reasons for such determination.\n  3. For the purposes of this section:\n  (i) "change of use" means the transfer of title to all or part of\nproperty subject to an environmental restoration project, the erection\nof any structure on such property, and the creation of a park or other\npublic or private recreational facility on such property, or any\nactivity that is likely to disrupt or expose contamination or to\nincrease direct human exposure; or any other conduct that will or may\ntend to significantly interfere with an ongoing or completed\nenvironmental restoration project.\n  (ii) "complete notice" means a notice that adequately apprises the\ndepartment of the contemplated physical alteration of the property and\nhow such alteration may affect the property's proposed, ongoing, or\ncompleted project, or of the proposed new owner's ability to implement\nthe engineering and institutional controls associated with the property.\n
N.Y. ENV Law § 11-0531 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0531
Bounties prohibited
Status: in_force

§ 11-0531. Bounties prohibited.\n  Notwithstanding any other provision of this chapter, or any other law,\nrule or regulation to the contrary, it shall be unlawful for any\ndepartment or division of this state, or any political subdivision\nthereof to pay bounties on the taking of wildlife, except when the state\nDepartment of Health, or any local health authorities, determine that a\ngiven type or class of animals constitute a health hazard as carriers or\npotential carriers of disease.\n
N.Y. PBA Law § 1114-F — New York Code / Act PBA / Article 5 / Title 5-A / Section 1114-F
Transfer of officers and employees
Status: in_force

* § 1114-f. Transfer of officers and employees. Any public officer or\nemployee under civil service, selected by the authority may, with the\nconsent of the commission, board, department or municipality by which he\nor she has been employed, be transferred to the authority and shall be\neligible for such transfer and appointment without examination to\ncomparable offices, positions and employment under the authority. The\nsalary or compensation of any such officer or employee shall after such\ntransfer be paid by the authority, but notwithstanding the provisions of\nthis title, any such officers or employees so transferred to the\nauthority, pursuant to the provisions of this section, who are members\nof or beneficiaries under any existing pension or retirement system,\nshall continue to have all rights, privileges, obligations and status\nwith respect to such fund system or systems as are now prescribed by\nlaw, but during the period of their employment by the authority, all\ncontributions to any pension or retirement fund or system to be paid by\nthe employer on account of such officers and employees, shall be paid by\nthe authority; and all such officers and employees who have been\nappointed to positions under the rules and classifications of the civil\nservice commission shall have the same status with respect thereto after\ntransfer to the authority as they had under their original appointments.\nThe appointment and promotion of all employees of the authority shall be\nmade in accordance with the provisions of the civil service law and such\nrules as the civil service commission may adopt and make applicable to\nthe authority.\n  * NB There are 2 § 1114-f's\n
N.Y. PBA Law § 1500-U — New York Code / Act PBA / Article 7 / Title 5 / Section 1500-U
Termination of authority
Status: in_force

§ 1500-u. Termination of authority. Whenever all bonds or notes issued\nby the authority shall have been redeemed or cancelled, and all\ntransactions, debt, and such other obligations have been satisfied or\notherwise terminated, the agency shall cease to exist and all rights,\ntitles, interest, and assets thereof vested in or possessed by the\nauthority shall thereupon vest in and be possessed by the city of\nBuffalo.\n
N.Y. ENV Law § 11-0519 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0519
Disposition of fish, wildlife, game, shellfish, crustacea or protected insects seized by or surrendered to enforcement officers
Status: in_force

§ 11-0519. Disposition of fish, wildlife, game, shellfish, crustacea or\n             protected insects seized by or surrendered to enforcement\n             officers.\n  1. When any fish, game, wildlife, shellfish, crustacea or part\nthereof, or any protected insect, or any bird plumage, is\n  a. seized by an enforcement officer as provided in section 71-0907 and\nit is thereafter determined that the possession thereof, by the person\nfrom whom it was seized, was unlawful under any provision of the Fish\nand Wildlife Law or regulation pursuant thereto; or\n  b. found in or released from a trap, snare, net or other device\nconstituting a nuisance which the officer is authorized summarily to\nabate as provided in section 71-0915; or\n  c. surrendered to an enforcement officer for disposition by any person\nhaving lawful custody or possession; possession thereof shall be deemed\nvested in the department on behalf of the state. All such things shall\nbe disposed of as may be determined by the enforcement officer, subject\nto law and any applicable regulations of the department.\n
N.Y. ENV Law § 15-0517 — New York Code / Act ENV / Article 15 / Title 5 / Section 15-0517
Water quality testing requirements for land clearing debris and compost facilities in Nassau and Suffolk counties
Status: in_force

§ 15-0517. Water quality testing requirements for land clearing debris\n             and compost facilities in Nassau and Suffolk counties.\n  1. In Nassau and Suffolk counties, the department shall promulgate\nrules and regulations to prevent water quality and other environmental\nimpairments resulting from land clearing debris facilities or composting\nfacilities. Such regulations shall at a minimum require:\n  (a) quarterly up gradient and down gradient water quality testing;\n  (b) setbacks from drinking water supply wells and surface water\nbodies; and\n  (c) dust and odor suppression and fire risk minimization.\n  2. The department shall in the case of a primary recharge area, and\nmay for other recharge areas, promulgate rules and regulations to be\nimplemented twenty-four months after the effective date of this section,\nto prevent water quality and other environmental impairments resulting\nfrom land clearing debris facilities or composting facilities by\nrequiring the use of an impermeable liner, in addition to the\nrequirements of subdivision one of this section. The department may\nexempt a land clearing debris facility or a composting facility from the\nregulatory requirements of this subdivision following a review of the\nfacility's water quality testing results and a determination by the\ndepartment that such facility does not pose a risk of impairment to the\nprimary recharge area or, if applicable, other recharge area.\n  3. For the purposes of this section:\n  (a) "land clearing debris" shall mean vegetative matter, soil and rock\nresulting from activities such as land clearing and grubbing, utility\nline maintenance or seasonal or storm related cleanup such as trees,\nstumps, brush and leaves and including wood chips generated from these\nmaterials.\n  (b) "composting facilities" shall mean facilities that accept more\nthan three thousand cubic yards of waste, either processed or\nunprocessed, per year.\n
N.Y. PBH Law § 260 — New York Code / Act PBH / Article 2 / Title 5 / Section 260
Health care practitioner volunteer program
Status: in_force

* § 260. Health care practitioner volunteer program. 1. There is\nhereby established in the department a health care practitioner\nvolunteer program to implement a system by which eligible health care\npractitioner volunteers and other volunteers may provide free basic\nprimary health care services to uninsured low income individuals.\n  2. The commissioner is authorized and directed to promulgate such\nrules and regulations as are necessary to implement the provisions of\nthis title. Such rules and regulations shall enable the health care\npractitioner volunteer program approved hereunder to:\n  (a) provide free basic primary health care services primarily to\nuninsured low income individuals;\n  (b) integrate the delivery of such services with the delivery of\nhealth care and other supportive services to the target population by\nother providers in the community; and\n  (c) meet standards of care which are appropriate to the level and\nnature of health care services to be provided.\n  3. A health care practitioner is eligible to participate as a health\ncare practitioner volunteer under this title if he or she:\n  (a) is licensed, or exempt from licensure, pursuant to articles one\nhundred thirty-one, one hundred thirty-one-B, one hundred thirty-two,\none hundred thirty-three, one hundred thirty-six, one hundred\nthirty-seven, one hundred thirty-nine, one hundred forty, one hundred\nforty-one, one hundred forty-three, one hundred forty-four, one hundred\nfifty-three, one hundred fifty-four, one hundred fifty-five, one hundred\nfifty-six, one hundred fifty-seven, one hundred fifty-nine, one hundred\nsixty, one hundred sixty-two, or one hundred sixty-four of the education\nlaw;\n  (b) has agreed to practice in a health care practitioner volunteer\nprogram without compensation or the expectation of compensation. For the\npurposes of this paragraph, the following shall not be considered\ncompensation: (i) nominal payment solely to enable the health care\npractitioner to be considered an employee of an entity operating and\nadministering the health care practitioner volunteer program established\npursuant to this title; or (ii) the provision of medical liability\ninsurance coverage to the health care practitioner pursuant to the\nrequirements of this title;\n  (c) is well qualified and intends to serve as a volunteer in the\npractice or specialty area in which he or she is licensed and primarily\npractices, or practiced prior to retirement, or is licensed and\ndemonstrably qualified to practice through training, retraining, or\ncontinuing education; and\n  (d) is not subject to any limitations on practice as the result of\nfindings or action by, or any agreement with, any licensing or\nprofessional conduct agency or board, or any court or regulatory agency.\n  4. No health care practitioner volunteer shall participate in the\nhealth care practitioner volunteer program established pursuant to this\ntitle unless, with respect to acts and omissions that occurred or\nallegedly occurred within the scope of his or her participation in such\nprogram, he or she is covered by an adequate professional liability\ninsurance policy.\n  5. The commissioner shall, upon submission of satisfactory evidence of\ncompliance with the provisions of this title, approve one or more health\ncare practitioner volunteer programs to be located in and to serve a\nspecified service area. Such program shall:\n  (a) be operated and administered by a not-for-profit entity licensed\nunder article twenty-eight of this chapter, provided, however, that\nnothing contained herein shall preclude a facility otherwise licensed\nunder this chapter or under the mental hygiene law from utilizing the\nservices of health care practitioner volunteers for the provision of\nfree health care services pursuant to such licensure; and\n  (b) have procedures to screen participating health care practitioner\nvolunteers to ensure that they meet the requirements of subdivision\nthree of this section.\n  6. (a) Each program shall report annually to the commissioner on the\nprogress of the program. The report shall include a profile of\nparticipating health care practitioner volunteers, the number of persons\nserved, a description of the activities of the program, an outline of\nthe program's continuing or projected activities, a description of the\nimpact of the program on the community, and an estimate of the value of\nvolunteer services provided.\n  (b) On or before June first of each year, the commissioner shall\nreport to the governor, the temporary president of the senate, the\nminority leader of the senate, the speaker of the assembly, the minority\nleader of the assembly, and the chairs of the senate and assembly\ncommittees on health on findings, conclusions, and recommendations on\nthe implementation of the provisions of this title.\n  7. Notwithstanding any inconsistent provision of law to the contrary,\nthe commissioner is authorized to waive, modify or suspend the\nprovisions of rules and regulations promulgated pursuant to article\ntwenty-eight of this chapter if the commissioner determines that such\nwaiver, modification or suspension is necessary for the successful\nimplementing of the health care practitioner volunteer program\nauthorized pursuant to this section and provided that the commissioner\ndetermines that the health, safety and general welfare of people\nreceiving health care under such health care practitioner volunteer\nprogram will not be impaired as a result of such waiver, modification or\nsuspension.\n  * NB There are 2 § 260's\n
N.Y. LFN Law § 73.00 — New York Code / Act LFN / Article 2 / Title 5 / Section 73.00
Conversion and reconversion of registered bonds
Status: in_force

§ 73.00 Conversion and reconversion of registered bonds.  a. A bond\nissue in registered form, if it so provides, shall be converted into a\ncoupon bond at the request of the registered holder, or his legal\nrepresentatives, successors or transferees, in the same manner as is\nprovided in section 72.00 of this chapter for the reconversion of a\ncoupon bond which has been converted into a registered bond, except that\nonly a new bond with coupons shall be issued. Such new coupon bond shall\nbe payable according to the terms of the original bond. A bond\nheretofore or hereafter issued in registered form, which does not\nprovide that it may be converted into a coupon bond, shall be converted\ninto a coupon bond at the request of the registered holder or his legal\nrepresentatives, successors or transferees, provided the issue of which\nsuch bond is a part was sold at public sale and the notice of such sale\nprovided for the issuance of bonds in bearer form with coupons with the\nright of conversion into registered form, and provided the finance board\nof the issuer shall adopt a resolution authorizing such conversion and\nprescribing the form of the bond and the coupons for unmatured interest.\nSuch bond, in such event, shall be converted in the same manner as is\nprovided in section 72.00 of this chapter for the reconversion of a\ncoupon bond which has been converted into a registered bond, except that\nonly a new bond with coupons shall be issued and such new coupon bond\nshall be payable according to the terms of the original bond.\n  b. A registered bond which has been so converted may be reconverted\ninto a registered bond in the same manner as is provided in section\n71.00 of this chapter for the conversion of a coupon bond into a\nregistered bond.\n  c. Such bond may again and from time to time be converted into a\ncoupon bond and reconverted into a registered bond in the manner\nprovided in this section.\n
N.Y. VAT Law § 509-BB — New York Code / Act VAT / Title 5 / Article 19-A / Section 509-BB
Reexamination of bus drivers
Status: in_force

§ 509-bb. Reexamination of bus drivers. (1) Any person employed as a\nbus driver who has on three occasions been the operator of a motor\nvehicle involved in an accident of a nature or type set forth in section\nfive hundred nine-a of this article, where such accidents occurred\nwithin an eighteen-month period, shall be subject to reexamination,\nincluding a road test, as provided in this section; provided, however,\nthat if such person is subject to a period of disqualification pursuant\nto section five hundred nine-c or five hundred nine-cc of this article,\nsuch reexamination shall occur not more than forty-five days prior to\nthe completion of such period of disqualification; and provided,\nfurther, that accidents in which the driver was completely without fault\nshall not be included in determining whether such reexamination is\nrequired.\n  (2) The commissioner may require any person who meets the criteria set\nforth in subdivision one of this section to submit to such an\nexamination as the commissioner shall deem appropriate.  Every required\nroad test shall be administered on an appropriate vehicle defined as a\nbus pursuant to section five hundred nine-a of this article.\n  (3) For purposes of this section, one such accident shall not be\ncounted if the person successfully completes a motor vehicle accident\nprevention course approved by the commissioner.\n  (4) Upon the failure of the licensee to successfully complete a\nreexamination authorized by this section, the commissioner shall take\nsuch reasonable action as may be required. Such action may consist of\nimposing restrictions on the use of the license of such person,\nsuspending such license for a definite or indefinite period, or revoking\nsuch license. The commissioner may revoke or suspend for an indefinite\nperiod the license of any person who after reasonable notice fails or\nrefuses to submit to such reexamination. No person whose license has\nbeen suspended or revoked under this section shall be qualified to\noperate a bus until such person successfully completes a reexamination\nauthorized by this section.\n  (5) Upon a driver's successful completion of a reexamination required\nby this section, the commissioner shall issue an eighteen-month\nprobationary license to such driver and all of the provisions of section\nfive hundred ten-b of this article shall apply.\n
N.Y. ENV Law § 71-0503 — New York Code / Act ENV / Article 71 / Title 5 / Section 71-0503
Investigation by department
Status: in_force

§ 71-0503. Investigation by department.\n  1. Any investigation, inquiry or hearing which the department has\npower to undertake or to hold may be undertaken or held by or before the\ncommissioner, the deputy commissioner or the head of a division, or\nbefore any other officer or employee of the department designated for\nsuch purpose by written order of the commissioner, filed in the office\nof the department. All investigations, inquiries, hearings and decisions\nof the commissioner, the deputy commissioner or the head of a division,\nshall be and be deemed to be the investigations, inquiries, hearings and\ndecisions of the department, and every order or decision made by the\ncommissioner, and every order or decision made by the deputy\ncommissioner or a head of division and approved and confirmed by the\ncommissioner and ordered filed in the office of the department, shall be\nand be deemed to be the order or decision of the department.\n  2. The commissioner, deputy commissioner, a head of a division, or an\nofficer or employee of the department duly designated by the\ncommissioner, shall have the power to administer oaths in any\nproceedings which the department is required or authorized by law to\nconduct.\n  3. The department shall have power to subpoena and require the\nattendance in this state of witnesses and the production by them of\nbooks and papers pertinent to the investigations and inquiries which it\nis authorized to make under any provision of this chapter listed in\nsection 71-0501 or under titles 5 through 15 inclusive and title 33 of\nthis article and to examine them and such public records as it shall\nrequire in relation thereto, and for the purpose of such examinations\nthe department shall possess all the powers conferred by the Legislative\nLaw upon a commitee of the Legislature or by the Civil Practice Law and\nRules upon a board or committee, and may invoke the power of any court\nof record in the state to compel the attendance and testifying of\nwitnesses and the production by them of books and papers as aforesaid. A\nsubpoena issued under this section shall be regulated by the Civil\nPractice Law and Rules.\n  4. In any investigation or inquiry by or upon any hearing before the\ndepartment, the commissioner, his deputy or any other officer conducting\nthe investigation, inquiry or hearing may confer immunity in accordance\nwith the provisions of section 50.20 of the Criminal Procedure Law.\n
N.Y. ENV Law § 54-0503 — New York Code / Act ENV / Article 54 / Title 5 / Section 54-0503
Eligibility to receive state assistance payments for municipal landfill closure projects
Status: in_force

§ 54-0503. Eligibility to receive state assistance payments for\n             municipal landfill closure projects.\n  Any municipality which is the owner or operator of a landfill may\napply for state assistance payments toward the cost of a municipal\nlandfill closure project upon showing that the following criteria, in\naddition to applicable rules and regulations, have been met:\n  1. The landfill site has not been classified pursuant to subparagraph\none or two of paragraph b of subdivision four of section 27-1305 of this\nchapter. Sites which have been removed from the registry may apply for\nstate assistance payments.\n  2. The municipality has an obligation to close the landfill by a\nspecific date pursuant to an administrative order, court order or permit\nwhich requires the municipality to cease acceptance of waste at the site\nwithin eighteen months of the date the application for state assistance\npayment is approved.\n  3. A closure investigation report which complies with the requirements\nof applicable regulations of the department, including a demonstration\nthat future physical climate risk due to sea level rise, and/or storm\nsurges and/or flooding, based on available data predicting the\nlikelihood of future extreme weather events, including hazard risk\nanalysis data if applicable, has been considered, shall have been\nsubmitted.\n  4. The municipality has agreed, upon project approval, to waive any\nright to state assistance for closure of the site under section 27-1313\nof this chapter.\n
N.Y. PBH Law § 3352 — New York Code / Act PBH / Article 33 / Title 5 / Section 3352
Reports and records
Status: in_force

§ 3352. Reports and records. Persons certified pursuant to article\nthirty-two of the mental hygiene law to operate methadone maintenance\ntreatment programs shall keep records showing the receipt,\nadministration, dispensing, or destruction of all controlled substances\nand documenting each incident or alleged incident involving the theft,\nloss or possible diversion of controlled substances and shall maintain\nthe records in such manner and detail as the commissioner, by\nregulation, shall require.\n  A person certified to conduct a maintenance program shall immediately\nfile a report with the department of each incident or alleged incident\ninvolving the theft, loss or possible diversion of controlled\nsubstances.\n
N.Y. SOS Law § 90 — New York Code / Act SOS / Article 3 / Title 5 / Section 90
Appropriations in county public welfare districts
Status: in_force

§ 90.  Appropriations in county public welfare districts.  1.  (a)\nThe board of supervisors shall appoint a committee of its members to\nconsider the estimates presented by the town boards in the county public\nwelfare district.  If any town shall fail to submit an estimate as\nprovided by the previous section, the county commissioner shall prepare\nand submit to such committee an estimate of the amount needed for\nadministration and public assistance and care in such town.  The\ncommittee shall recommend to the board of supervisors the amount it\nconsiders necessary for the ensuing fiscal year for the various forms of\npublic assistance and care and administrative expenses in each of the\ntowns in the county public welfare district.\n  (b)  The board of supervisors shall approve an estimate for each town\nin the county public welfare district and shall levy taxes in each such\ntown for the amount of the approved estimate for such town.\n  2.  The legislative body of a city forming part of a county public\nwelfare district shall appropriate the amount it considers necessary for\nadministration and public assistance and care in such city and shall\ncause taxes to be levied for the amount of such appropriation.\n  Nothing contained in this section shall be construed to prevent the\nfinancing of any such expenditure, in whole or in part, pursuant to the\nlocal finance law.\n  3.  The board of supervisors shall appropriate, in the manner provided\nby law, the amount it considers necessary for the ensuing fiscal year\nfor the various forms of public assistance and care and administrative\nexpenses in the county public welfare district and shall cause the\nnecessary taxes to be levied therefor in the territory of the county\npublic welfare district.\n
N.Y. VAT Law § 514-A — New York Code / Act VAT / Title 5 / Article 20 / Section 514-A
Notification of convictions, suspensions, revocations, cancellations and disqualifications by commercial motor vehicle operators
Status: in_force

§ 514-a. Notification of convictions, suspensions, revocations,\ncancellations and disqualifications by commercial motor vehicle\noperators. 1. Each person who operates a commercial motor vehicle for a\nNew York state employer who is convicted of violating within or outside\nof this state, in any type of motor vehicle, a state or local law\nrelating to motor vehicle traffic control (other than a parking\nviolation), shall notify his/her current employer of such conviction.\nAny person who holds a commercial driver's license issued by the\ncommissioner who does not operate a commercial motor vehicle for a New\nYork state employer or who operates a commercial motor vehicle while\nself-employed who is convicted in any other state which has been\ndecertified in accordance with Part 384.405 of title 49 of the code of\nfederal regulations and notice of such decertification has been\npublished in the federal register pursuant to Part 384.409 of title 49\nof the code of federal regulations, the District of Columbia or a\nCanadian province of violating any law relating to motor vehicle traffic\ncontrol (other than a parking violation) while operating a commercial\nmotor vehicle shall notify the commissioner of such conviction. Such\nnotification must be made within thirty days after the date that the\nperson has been convicted except that if a person is a bus driver as\ndefined in section five hundred nine-a of this chapter, such\nnotification must be made within five days after the date the person has\nbeen convicted as required by section five hundred nine-i of this\nchapter. The above notification must be made in writing and contain the\nfollowing information: (a) driver's full name; (b) driver's license\nnumber; (c) date of conviction; (d) the specific criminal or other\noffense(s), serious traffic violation(s) of state or local law relating\nto motor vehicle traffic control, for which the person was convicted and\nany suspension, revocation, cancellation of any driving privileges or\ndisqualification from operating a commercial motor vehicle which\nresulted from such conviction(s); (e) indication whether the violation\nwas in a commercial motor vehicle; (f) location of offense; (g) court or\ntribunal in which the conviction occurred; and (h) driver's signature.\n  2. Each person who operates a commercial motor vehicle for a New York\nstate employer who has a commercial learner's permit or a commercial\ndriver's license suspended, revoked, or canceled by the commissioner or\nby the appropriate authorities of any other state, District of Columbia\nor Canadian province, or who loses the right to operate a commercial\nmotor vehicle in any state or jurisdiction for any period, or who is\ndisqualified from operating a commercial motor vehicle for any period,\nshall notify his/her current employer of such suspension, revocation,\ncancellation, lost privilege, or disqualification.\n
N.Y. GOB Law § 5-521 — New York Code / Act GOB / Article 5 / Title 5 / Section 5-521
Corporations prohibited from interposing defense of usury
Status: in_force

§ 5-521. Corporations prohibited from interposing defense of usury. 1.\nNo corporation shall hereafter interpose the defense of usury in any\naction. The term corporation, as used in this section, shall be\nconstrued to include all associations, and joint-stock companies having\nany of the powers and privileges of corporations not possessed by\nindividuals or partnerships.\n  2. The provisions of subdivision one of this section shall not apply\nto a corporation, the principal asset of which shall be the ownership of\na one or two family dwelling, where it appears either that the said\ncorporation was organized and created, or that the controlling interest\ntherein was acquired, within a period of six months prior to the\nexecution, by said corporation of a bond or note evidencing\nindebtedness, and a mortgage creating a lien for said indebtedness on\nthe said one or two family dwelling; provided, that as to any such bond,\nnote or mortgage executed by such a corporation and effective prior to\nApril sixth, nineteen hundred fifty-six, the defense of usury may be\ninterposed only in an action or proceeding instituted for the\ncollection, enforcement or foreclosure of such note, bond or mortgage.\n  Any provision of any contract, or any separate written instrument\nexecuted prior to, simultaneously with or within sixty days after the\ndelivery of any moneys to any borrower in connection with such\nindebtedness, whereby the defense of usury is waived or any such\ncorporation is estopped from asserting it, is hereby declared to be\ncontrary to public policy and absolutely void.\n  3. The provisions of subdivision one of this section shall not apply\nto any action in which a corporation interposes a defense of criminal\nusury as described in section 190.40 of the penal law.\n
N.Y. PBH Law § 572 — New York Code / Act PBH / Article 5 / Title 5 / Section 572
Certificates of qualification
Status: in_force

§ 572. Certificates of qualification. No person shall act as a\ndirector in a clinical laboratory located in or accepting specimens from\nNew York state or in a blood bank located in or collecting, processing,\nstoring or distributing blood products in New York state unless a valid\ncertificate of qualification has been issued as provided in section five\nhundred seventy-three of this title.\n
N.Y. EDN Law § 3637 — New York Code / Act EDN / Title 5 / Article 73 / Part 3 / Section 3637
Idling school buses on school grounds
Status: in_force

* § 3637. Idling school buses on school grounds. 1. On or before July\nfirst, two thousand eight, the commissioner shall promulgate regulations\nrequiring school districts to minimize, to the extent practicable, the\nidling of the engine of any school bus, as defined in section one\nhundred forty-two of the vehicle and traffic law, and other vehicles\nowned or leased by the school district while such bus or vehicle is\nparked or standing on school grounds, or in front of any school. Such\nregulations shall apply to school districts identified by the\ncommissioner, in consultation with the department of health, with a\nsignificant number of children with asthma and those other school\ndistricts deemed by the commissioner as appropriate.\n  2. Such regulations shall include, but not be limited to, a\nrequirement that the engines of all school buses and vehicles owned or\nleased by the school district be turned off while waiting for passengers\nto load or off load on school grounds. When necessary for heating,\nmechanical or emergency circumstances, the regulations may allow idling\nto the extent necessary to achieve such purpose. Provided, however, that\nsuch regulations shall not conflict with applicable state regulations\nand local laws.\n  3. School districts shall be required to annually provide their school\npersonnel with notice of the provisions of this section, and the\nregulations promulgated pursuant to this section by the commissioner.\nThe commissioner shall provide such notice for school districts to\ndisseminate.\n  * NB Repealed June 30, 2029\n
N.Y. PBH Law § 2580 — New York Code / Act PBH / Article 25 / Title 5 / Section 2580
Children with physical disabilities; policy
Status: in_force

§ 2580. Children with physical disabilities; policy.  It is the policy\nof the state of New York to provide medical service for the treatment\nand rehabilitation of children with physical disabilities.\n
N.Y. ENV Law § 21-0507 — New York Code / Act ENV / Article 21 / Title 5 / Section 21-0507
Enforcement proceedings
Status: in_force

§ 21-0507. Enforcement proceedings.\n  Whenever the interstate environmental commission shall be of the\nopinion that any person, association or corporation, municipal or\notherwise, within the district is failing or omitting, or about to fail\nor omit to do anything required of it by its order or by the laws\ngoverning the control or elimination of pollution of the waters of the\ndistrict, or is doing or is about to do anything, or permitting or about\nto permit anything to be done contrary to or in violation of such orders\nor such laws, or the provisions of the compact, it may direct its legal\nrepresentative to commence an action or a proceeding in the name of the\ninterstate environmental commission in an appropriate court having\njurisdiction for the purpose of having such violations or threatened\nviolations stopped and prevented. Such an action or proceeding when\ndirected against any person, firm, association, corporation, municipal\nor otherwise, within the state may be brought in the supreme court of\nthis state and the said court shall have and is hereby given the\nnecessary and appropriate jurisdiction to determine such action or\nproceeding upon the merits and/or to grant any relief appropriate to the\ncase.\n
N.Y. ENV Law § 72-0501 — New York Code / Act ENV / Article 72 / Title 5 / Section 72-0501
Definitions
Status: in_force

§ 72-0501. Definitions.\n  1. "Industrial-commercial waste" means a waste which originates at, is\ngenerated by, or occurs as a result of any industrial or commercial\nactivity. The forms of waste included are exemplified by but not limited\nto the following:\n  a. liquids such as: acids, alkalis, caustics, leachate, petroleum (and\nits derivatives), and process of treatment wastewaters;\n  b. sludges which are semisolid substances resulting from process or\ntreatment operations, or residues from storage or use of liquids;\n  c. solids such as: solidified chemicals, paints or pigments; the end\nor by-products of incineration ash; foundry sand; dredge spoil;\n  d. contained gaseous materials;\n  e. hazardous waste as defined in title nine of article twenty-seven of\nthis chapter; and\n  f. any liquid, sludge, septage, solid, semisolid substance or\ncontained gaseous material in which any of the foregoing is intermixed\nor absorbed, or onto which any of the foregoing is adhered.\n  2. "Low-level radioactive waste" means radioactive material that:\n  a. is not high-level radioactive waste, transuranic waste, spent\nnuclear fuel, or the tailings or wastes produced by the extraction or\nconcentration of uranium or thorium from any ore processed primarily for\nits source material content; and\n  b. the United States nuclear regulatory commission, consistent with\nfederal law and in accordance with paragraph a of this subdivision,\nclassifies as low-level radioactive waste.\n  3. "Regulated waste" means any one of the following types of waste,\nraw sewage, septage, sludge from a sewage or water supply treatment\nplant, industrial-commercial waste or waste oil.\n  4. "Septage" means the contents of a septic tank, cesspool or other\nindividual sewage treatment facility which received domestic sewage\nwastes.\n  5. "Waste" means any garbage, refuse, sludge from a waste treatment\nplant, water supply treatment plant or air pollution control facility,\nand other discarded material, including solid, liquid, semisolid or\ncontained gaseous material resulting from industrial, commercial, mining\nand agricultural operations and from community activities, but does not\ninclude solid or dissolved materials in domestic sewage, or solid or\ndissolved materials in irrigation return flows or industrial discharges\nwhich are point sources subject to permits under article seventeen of\nthis chapter, or source, special nuclear or by-product material as\ndefined in the Atomic Energy Act of 1954, as amended (68 Stat. 923)\nexcept as may be provided by existing agreements between the state and\nthe federal governments.\n  6. "Waste oil" means used engine lubricating oil and any other oil,\nincluding but not limited to, fuel oil, motor oil, gear oil, cutting\noil, transmission fluid, hydraulic fluid, dielectric fluid, oil storage\ntank residue, animal oil, and vegetable oil, which has been contaminated\nby physical or chemical impurities through use or accident, and has not\nsubsequently been rerefined.\n  7. "Regulated medical waste" shall have the same meaning as such term\nis defined in title 15 of article 27 of this chapter.\n
N.Y. ENV Law § 11-0524 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0524
Nuisance wildlife control operators
Status: in_force

§ 11-0524. Nuisance wildlife control operators.\n  1. No person shall charge a fee to take, possess, transport or release\nwildlife whenever it becomes a nuisance pursuant to section 11-0505,\n11-0507, 11-0521, or 11-0523 of this title unless such person has been\nissued a nuisance wildlife control operator license by the department.\n  2. No person shall be issued a license by the department under this\nsection unless he or she provides evidence satisfactory to the\ndepartment, that he or she has completed nuisance wildlife control\ntraining. In addition to any other requirements of the department, such\ntraining shall include training in site evaluation, methods of resolving\ncommon nuisance wildlife problems, including, but not limited to,\nnon-lethal methods; exclusion methods; habitat modification; and capture\nand handling techniques.\n  3. The department may issue a revocable nuisance wildlife control\noperator license and adopt regulations concerning the qualifications for\nsuch license and the terms and conditions of such license provided,\nhowever, that any such regulations, terms and conditions include\ntraining requirements consistent with subdivision two of this section.\n  4. The fee for a nuisance wildlife control operator license shall be\nfifty dollars paid annually to be deposited in the conservation fund\nestablished pursuant to section eighty-three of the state finance law,\nprovided, however, that a municipality shall not be subject to this fee.\n  5. Any person licensed pursuant to this section shall submit annually\na report to the department which specifies each client's name and\naddress, the date work was performed, the species controlled, the\nabatement method used, the disposition of the animal, and any other\ninformation as required by the department. The department shall annually\nupdate a list of nuisance wildlife control operators and make it\navailable to the public in both printed and electronic formats.\n
N.Y. SOS Law § 95-A — New York Code / Act SOS / Article 3 / Title 5 / Section 95-A
State food stamp outreach program
Status: in_force

§ 95-a. State food stamp outreach program. 1. In accordance with\nfederal requirements and to the extent that federal matching funds are\navailable, the department shall develop and implement an outreach plan\nto inform low-income households potentially eligible to receive food\nstamps and to encourage the participation of eligible households that\nwish to participate.\n  2. In developing and implementing such a plan the department and/or\nits local districts are authorized and empowered, subject to the\napproval of the director of the budget and provided that federal aid is\navailable therefor, to enter into contractual agreements with public\nand/or private organizations to develop and implement local, regional,\nand statewide outreach programs.\n  3. Each commissioner of social services shall develop and submit to\nthe department on an annual basis for its approval, a local outreach\nplan governing the use of local social services personnel and services\nprovided by federally funded and other agencies and organizations to\ninform potentially eligible households of the availability and benefits\nof the program and to encourage and facilitate the participation of\neligible households. The department shall provide commissioners of\nsocial services with technical assistance as needed to carry out the\nprovisions of this subdivision.\n  4. As part of each local outreach plan, social services officials\nshall take all steps necessary to maintain a supply of information\nleaflets in public buildings, including but not limited to local\nunemployment insurance and employment services offices of the department\nof labor, institutions and facilities under the supervision or control\nof the department of health, food stores, union halls, community centers\nand local agencies providing services to the elderly to help insure that\neligible persons are informed of the food stamp program.\n  5. The department shall periodically distribute to all newspapers, and\nto television and radio stations throughout the state, public service\nannouncements describing the food stamp program, including the toll-free\ntelephone numbers for food stamp information, and shall promptly inform\nsuch media of significant changes in the program affecting eligibility\nrequirements and/or the amount of the food stamp bonus.\n  6. The department shall establish procedures in cooperation with the\nindustrial commissioner of the department of labor to ensure that\ninformational leaflets about the food stamp program are sent to each\nlocal employment services office for distribution pursuant to section\nfive hundred and forty of the labor law. Each leaflet shall include but\nnot be limited to: the phone number for the New York State food stamp\nhotline, estimated maximum income eligibility levels by household size\nfor participation in the food stamp program and the availability of\nlocal social services departments to provide additional information\nabout the program.\n  7. In accordance with applicable federal laws, rules and regulations\nthe department shall make available appropriate bilingual materials so\nthat potentially eligible non English speaking individuals may be\ninformed about the food stamp program.\n  8. The department shall promulgate rules and regulations, and take all\nother actions necessary for the effective implementation of this\nsection.\n
N.Y. PBA Law § 1114-L — New York Code / Act PBA / Article 5 / Title 5-A / Section 1114-L
Agreement with the state
Status: in_force

* § 1114-l. Agreement with the state. The state does hereby pledge to\nand agree with the holders of any bonds issued by the authority pursuant\nto this title that the state will not alter or limit the rights hereby\nvested in the authority to fulfill the terms of any agreement made with\nor for the benefit of the holders of bonds or in any way impair the\nrights and remedies of bondholders until the bonds together with the\ninterest thereon, with interest on any unpaid installments of interest,\nand all costs and expenses in connection with any action or proceeding\nby or on behalf of such holders, are fully met and discharged. The\nauthority is authorized to include this pledge and agreement of the\nstate in any agreement with bondholders.\n  * NB There are 2 § 1114-l's\n
N.Y. RPT Law § 988 — New York Code / Act RPT / Article 9 / Title 5 / Section 988
Remedy of occupant for taxes paid by him
Status: in_force

§ 988. Remedy of occupant for taxes paid by him.  If a tax upon real\nproperty has been collected from any occupant, and any other person by\nagreement or otherwise is liable to pay such tax or any part thereof,\nsuch occupant shall be entitled to recover the amount which such person\nshould have paid or to retain the same from any rent due or accruing\nfrom him to such person for the land on which the tax was paid.\n
N.Y. PBH Law § 3360 — New York Code / Act PBH / Article 33 / Title 5-A / Section 3360
Definitions
Status: in_force

* § 3360. Definitions. As used in this title, the following terms\nshall have the following meanings, unless the context clearly requires\notherwise:\n  1. "Certified medical use" means the acquisition, possession, use, or,\ntransportation of medical marihuana by a certified patient, or the\nacquisition, possession, delivery, transportation or administration of\nmedical marihuana by a designated caregiver, for use as part of the\ntreatment of the patient's serious condition, as authorized in a\ncertification under this title including enabling the patient to\ntolerate treatment for the serious condition. A certified medical use\ndoes not include smoking.\n  2. "Caring for" means treating a patient, in the course of which the\npractitioner has completed a full assessment of the patient's medical\nhistory and current medical condition.\n  3. "Certified patient" means a patient who is a resident of New York\nstate or receiving care and treatment in New York state as determined by\nthe commissioner in regulation, and is certified under section\nthirty-three hundred sixty-one of this title.\n  4. "Certification" means a certification, made under section\nthirty-three hundred sixty-one of this title.\n  5. "Designated caregiver" means the individual designated by a\ncertified patient in a registry application. A certified patient may\ndesignate up to two designated caregivers.\n  6. "Public place" means a public place as defined in regulation by the\ncommissioner.\n  7. (a) "Serious condition" means:\n  (i) having one of the following severe debilitating or\nlife-threatening conditions: cancer, positive status for human\nimmunodeficiency virus or acquired immune deficiency syndrome,\namyotrophic lateral sclerosis, Parkinson's disease, multiple sclerosis,\ndamage to the nervous tissue of the spinal cord with objective\nneurological indication of intractable spasticity, epilepsy,\ninflammatory bowel disease, neuropathies, Huntington's disease,\npost-traumatic stress disorder, pain that degrades health and functional\ncapability where the use of medical marihuana is an alternative to\nopioid use, substance use disorder, or as added by the commissioner; and\n  (ii) any of the following conditions where it is clinically associated\nwith, or a complication of, a condition under this paragraph or its\ntreatment: cachexia or wasting syndrome; severe or chronic pain; severe\nnausea; seizures; severe or persistent muscle spasms; or such conditions\nas are added by the commissioner.\n  (b) No later than eighteen months from the effective date of this\nsection, the commissioner shall determine whether to add the following\nserious conditions: Alzheimer's, muscular dystrophy, dystonia,\npost-traumatic stress disorder and rheumatoid arthritis.\n  8. "Medical marihuana" means marihuana as defined in subdivision\ntwenty-one of section thirty-three hundred two of this article, intended\nfor a certified medical use, as determined by the commissioner in his or\nher sole discretion. Any form of medical marihuana not approved by the\ncommissioner is expressly prohibited.\n  9. "Registered organization" means a registered organization under\nsections thirty-three hundred sixty-four and thirty-three hundred\nsixty-five of this title.\n  10. "Registry application" means an application properly completed and\nfiled with the department by a certified patient under section\nthirty-three hundred sixty-three of this title.\n  11. "Registry identification card" means a document that identifies a\ncertified patient or designated caregiver, as provided under section\nthirty-three hundred sixty-three of this title.\n  12. "Practitioner" means a practitioner who (i) is a physician\nlicensed by New York state and practicing within the state, (ii) who by\ntraining or experience is qualified to treat a serious condition as\ndefined in subdivision seven of this section; and (iii) has completed a\ntwo to four hour course as determined by the commissioner in regulation\nand registered with the department; provided however, a registration\nshall not be denied without cause. Such course may count toward board\ncertification requirements. The commissioner shall consider the\ninclusion of nurse practitioners under this title based upon\nconsiderations including access and availability. After such\nconsideration the commissioner is authorized to deem nurse practitioners\nas practitioners under this title.\n  13. "Terminally ill" means an individual has a medical prognosis that\nthe individual's life expectancy is approximately one year or less if\nthe illness runs its normal course.\n  14. "Labor peace agreement" means an agreement between an entity and a\nlabor organization that, at a minimum, protects the state's proprietary\ninterests by prohibiting labor organizations and members from engaging\nin picketing, work stoppages, boycotts, and any other economic\ninterference with the registered organization's business.\n  15. "Individual dose" means a single measure of raw medical marihuana\nor non-infused concentrates to be determined and clearly identified by a\npatient's practitioner for the patient's specific certified condition.\nFor ingestible or sub-lingual medical marihuana products, no individual\ndose may contain more than ten milligrams of tetrahydrocannabinol.\n  16. "Form of medical marihuana" means characteristics of the medical\nmarihuana recommended or limited for a particular certified patient,\nincluding the method of consumption and any particular strain, variety,\nand quantity or percentage of marihuana or particular active ingredient.\n  17. "Applicant" means a for-profit entity or not-for-profit\ncorporation and includes: board members, officers, managers, owners,\npartners, principal stakeholders and members who submit an application\nto become a registered organization.\n  18. "Special certification" means a special certification made under\nsubdivision nine of section thirty-three hundred sixty-one of this\ntitle.\n  * NB Repealed July 5, 2028 and Repealed 6 months after the full\ncannabis control board created by Article 2 of the cannabis law has been\nappointed\n
N.Y. PBA Law § 1114-P — New York Code / Act PBA / Article 5 / Title 5-A / Section 1114-P
Construction and purchase contracts
Status: in_force

* § 1114-p. Construction and purchase contracts. The authority shall\nlet contracts for construction or purchase of supplies, materials, or\nequipment pursuant to section one hundred three of the general municipal\nlaw. Nothing in this section shall be construed to limit the power of\nthe authority to do any construction directly by the officers, agents\nand employees of the authority or to contract with a public utility, for\na term not to exceed five years, for the operation and maintenance of a\nwater supply system acquired from said public utility.\n  * NB There are 2 § 1114-p's\n
N.Y. RPT Law § 499-RRRR — New York Code / Act RPT / Article 4 / Title 5 / Section 499-RRRR
Reports to commissioner
Status: in_force

* § 499-rrrr. Reports to commissioner. 1. The commissioner may require\nfrom an owner of a local public utility mass real property an annual\nreport that shall include such information and data that is prescribed\nin regulation by the commissioner and is reasonable and necessarily\nrelated to the establishment of a ceiling assessment by the commissioner\nfor the local public utility mass real property, and which shall be in\nthe same format and substance as required for special franchise property\npursuant to article six of this chapter. Such reports shall be the same\nfor similarly situated local public utility mass real property owners.\n  2. Every report required by or pursuant to this section shall be made\nby a person authorized to prepare such reports and having knowledge of\nthe contents thereof, or who is authorized to obtain such information.\nThe commissioner may prepare and require the use of forms for making\nsuch reports.\n  3. Any owner of local public utility mass real property failing to\nfile the annual report pursuant to this section within the time\nspecified by the commissioner shall not be entitled to judicial review\nof an assessment ceiling that would have been the subject of such report\nas provided in this title and shall be subject to a fine of one hundred\ndollars for each day until such report is filed in accordance with this\nsection; provided, however, such fine shall not be applied as a tax\nlien; and provided, further, such owner of local public utility mass\nreal property shall not be subject to any other fine or penalty for a\nviolation of this section.\n  4. In addition to the provisions of subdivision three of this section,\nif an owner of local public utility mass real property fails to furnish\na report required by this section within the required time frame, the\ncommissioner may commence a special proceeding in the supreme court to\ncompel such owner to furnish the report.\n  5. If an owner of local public utility mass real property fails to\nsubmit an annual report as required by this section, the assessment\nceiling on the next annual assessment roll shall be calculated using the\nbest information available to the commissioner.\n  6. If an owner of local public utility mass real property makes\nreasonable efforts to file an annual report, such owner shall not be\nsubject to any charge or fine pursuant to this section.\n  * NB Repealed January 1, 2031\n
N.Y. ENV Law § 11-0535 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0535
Endangered and threatened species, species of special concern
Status: in_force

§ 11-0535. Endangered and threatened species, species of special\n             concern.\n  1. For the purposes of this section, "endangered species" shall mean\nthose species of fish, shellfish, crustacea and wildlife designated by\nthe department, by regulation filed with the Secretary of State, as\nseriously threatened with extinction, "threatened species" shall mean\nthose species of fish and wildlife designated by the department, by\nregulation filed with the Secretary of State, which are likely to become\nendangered species within the foreseeable future throughout all or a\nsignificant portion of their range, and "species of special concern"\nshall mean those species of fish and wildlife designated by the\ndepartment, by regulation filed with the Secretary of State, which are\nfound by the department to be at risk of becoming threatened in New\nYork. Such regulation shall include, but not be limited to, endangered\nand threatened species as so designated by the Secretary of the\nInterior, provided, however, that such regulation shall take effect\nsixty days after it has been filed with the Secretary of State, and\nprovided, further, that any endangered or threatened species as so\ndesignated by the Secretary of the Interior shall be subject to the\nrestrictions of this section, regardless of the removal of such\ndesignation as an endangered or threatened species by the Secretary of\nthe Interior. The commissioner may exclude any such species as the\ncommissioner may determine after investigation to be no longer\nendangered or threatened from the restrictions of this section.\n  2. Notwithstanding any other provision of this chapter, the taking,\nimportation, transportation, possession or sale of any endangered or\nthreatened species of fish, shellfish, crustacea or wildlife, or hides\nor other parts thereof, or the sale or possession with intent to sell\nany article made in whole or in part from the skin, hide or other parts\nof any endangered or threatened species of fish, shellfish, crustacea or\nwildlife is prohibited, except under license or permit from the\ndepartment.\n  3. Notwithstanding any other provision of this chapter, the department\nmay promulgate regulations to the taking, importation, transportation,\npossession or sale of any species of special concern as the department\ndeems necessary for the proper protection of such species.\n
N.Y. PBH Law § 382 — New York Code / Act PBH / Article 3 / Title 5 / Section 382
State park health district; board of health; powers and duties
Status: in_force

§ 382. State park health district; board of health; powers and duties.\nThe board of health of a state park health district shall have all the\npowers and duties of local boards of health and shall appoint a health\nofficer qualified as provided by the sanitary code.\n
N.Y. SOS Law § 81 — New York Code / Act SOS / Article 3 / Title 5 / Section 81
Reports
Status: in_force

§ 81.  Reports.  1.  The county commissioner shall make:  (a)  Such\nreports and furnish such information to the department with respect to\nthe work of the county social services district as is required by this\nchapter and the department.\n  (b)  An annual report to the board of supervisors concerning the work\nof the county social services district and additional reports at such\ntimes and covering such facts as the board of supervisors may require.\n  (c)  If any of the cost of assistance and care paid for by the county\nsocial services district is charged back to the towns and cities\nthereof, a report to the county treasurer at the end of the fiscal year,\nstating the per capita maintenance cost per day in the county home and\nan itemized statement of the amount to be charged each town and city for\nthe assistance and care given either in the county home or elsewhere to\npersons residing or found in each town or city and a statement of all\nexpenditures and receipts in behalf of such persons.\n  (d)  Current reports to the city and town social services officers of\npersons residing in their cities and towns who are in receipt of public\nassistance and care from the county.\n  2.  A town social services officer shall make:\n  (a)  An annual report to the town board concerning his work and\nadditional reports at such times and covering such facts as the town\nboard may require.\n  (b)  An annual report to the county commissioner and any additional\nreports at such time and covering such facts as may be required by the\ncounty commissioner or the department.\n  3.  A city commissioner of social services shall make:\n  (a)  Such reports to the department with respect to his work as are\nrequired by this chapter and the department.\n  (b)  An annual report to the mayor of the city or to any other\nofficial or board authorized to receive such report and additional\nreports at such times and covering such facts as may be required.\n  4.  Such annual reports shall include an itemized statement of all\nmoney received by the social services official and all money expended by\nhim, and a detailed statement in regard to the recipients of public\nassistance and care.  Town and city social services officers shall\nfurnish the county commissioner with all data, relating to their work\nand persons in receipt of public assistance and care, necessary to\nenable the county commissioner to make the reports required by the\ndepartment.\n
N.Y. EDN Law § 3610 — New York Code / Act EDN / Title 5 / Article 73 / Part 1 / Section 3610
Apportionment for apprenticeship training
Status: in_force

§ 3610. Apportionment for apprenticeship training.  1. Apprenticeship\ntraining programs. Local education agencies which provide related or\nsupplemental instruction to apprentices registered by the state\ndepartment of labor pursuant to article twenty-three of the labor law\nshall be eligible for an apportionment pursuant to the provisions of\nthis section for the operation of apprenticeship training programs as\napproved by the commissioner. Priority shall be given to local education\nagencies which provide for an increased number of participants in the\nrelated or supplemental instructional component of apprentice training\nprograms. Designated local education agencies may provide such programs\ndirectly, or by contracting with school districts, boards of cooperative\neducational services and other providers of apprentice training\nservices, including postsecondary institutions and other providers\nauthorized to confer degrees in this state or in which the course of\ninstruction is licensed, registered or approved pursuant to any\nprovision of this chapter.\n  2. Apprenticeship training hours. For the purpose of computing an\napportionment under this section, apprenticeship training hours shall be\nthe total number of hours of related or supplemental instruction given\nall apprentices in approved apprenticeship training programs in the area\nserved by the designated local education agency between July first and\nJune thirtieth of the base year as reported to the commissioner by\nSeptember first of the current year.\n  3. Maximum apportionment per hour.  For aid payable for school year\nnineteen hundred eighty-nine--ninety the  maximum apportionment per\napprenticeship training hour shall be computed by dividing the state\nappropriation for related and supplemental instruction for apprentices\nby the total number of apprenticeship training hours of all designated\nlocal education agencies in the state, computed in accordance with the\nregulations of the commissioner. For aid payable for school year\nnineteen hundred ninety--ninety-one and thereafter, this apportionment\nshall be at the rate of one dollar per training hour.\n  4. Apprenticeship training program apportionment. The apportionment\npursuant to this section shall be the product obtained when the\napportionment per hour is multiplied by the number of apprenticeship\ntraining hours of the designated local education agency. Notwithstanding\nthe provisions of section thirty-six hundred nine of this article,\npayment of such apportionment shall be made by November first of the\ncurrent year.\n  5. State aid. No designated local education agency may receive under\nthe provisions of this section an amount which when added to all other\nstate aid received by such designated local education agency for the\npurpose of this section, exceeds one-half the cost of such program in\nthat year. Notwithstanding any provision of law to the contrary, if the\ntotal aid received exceeds one-half the cost of the program, any state\naid payable to the designated local education agency shall be reduced in\nthe amount of such excess.\n  6. Apprentices. Apprentices in apprenticeship training programs shall\nnot be included in any attendance count of this article and shall not\ngenerate aid under any other provisions of this chapter.\n  7. Apportionment for administrative costs. In addition to the\napportionment under subdivision four of this section, any designated\nlocal education agency which has reported by September first the\nprocessing of more than one hundred fifty apprentices shall receive an\namount equal to three dollars per apprentice served.\n  8. Regulations. The commissioner may adopt regulations to implement\nany of the provisions of this section.\n
N.Y. LAB Law § 564 — New York Code / Act LAB / Article 18 / Title 5 / Section 564
Agricultural labor crew leaders
Status: in_force

§ 564. Agricultural labor crew leaders. Whenever a person renders\nservices as a member of a crew which is paid and furnished by the crew\nleader to perform services in agricultural labor for another employer,\nsuch other employer shall, for the purpose of this article, be deemed to\nbe the employer of such person, unless:\n  1. the crew leader holds a valid certificate of registration under the\nfederal farm labor contractor registration act of nineteen hundred\nsixty-three or substantially all the members of the crew operate or\nmaintain tractors, mechanized harvesting or crop dusting machinery or\nany other mechanized equipment which is provided by the crew leader, and\n  2. Exclusion from coverage. For purposes of this section the term\n"employment" shall not include services rendered by an individual who is\nadmitted to the United States to perform agricultural labor pursuant to\n8 USC 1188 if, at the time such services are rendered, they are excluded\nfrom the definition of employment in section 3306(c) of the Federal\nUnemployment Tax Act.\n  3. the crew leader is not an employee of such other employer and has\nnot entered into a written agreement with such employer under which he\nis designated as an employee.\n
N.Y. SOS Law § 198 — New York Code / Act SOS / Article 5 / Title 5 / Section 198
Control of incarcerated individuals
Status: in_force

§ 198. Control of incarcerated individuals. If any incarcerated\nindividual shall wilfully disobey the rules of the home in such a way as\nto be detrimental to the welfare of the other incarcerated individuals,\nthe commissioner may institute a proceeding in a court of competent\njurisdiction against such incarcerated individual for disorderly\nconduct.\n
N.Y. ENV Law § 29-0505 — New York Code / Act ENV / Article 29 / Title 5 / Section 29-0505
General provisions on environmental review and judicial review
Status: in_force

§ 29-0505. General provisions on environmental review and judicial\n             review.\nNotwithstanding any other provision of law:\n  1. In the event of any inconsistency between the provisions of this\narticle and the provisions of article eight or seventy of this chapter,\nor regulations issued pursuant thereto, the provisions of this article\nshall have precedence and apply to the exclusion of such provisions of\narticle eight or seventy of this chapter or the regulations issued\npursuant thereto.\n  2. a. Any person aggrieved by any administrative action or proceeding\nin connection with the adoption of siting criteria regulations pursuant\nto section 29-0103 of this article, with a certification or refusal to\ncertify a site or disposal method selection pursuant to section 29-0105\nof this article or with the issuance or denial of a required state\nlicense, permit, or other approval for low-level radioactive waste\nmanagement facilities may seek judicial review of such administrative\naction or proceeding in accordance with the provisions of this\nsubdivision. Any such special proceeding for judicial review shall be\nbrought in the appellate division of the supreme court of the judicial\ndepartment embracing the county wherein the site of the facilities is\nlocated, or, if the certification or the application for a state\nlicense, permit, or other approval is denied, the county wherein the\ncommission or applicant proposed to site or locate the facilities. Such\nreview may be initiated only by the filing of a petition in such court\nwithin thirty days after publication in the state register of notice of\nthe administrative action or decision, together with proof of service of\na demand on the commission, the department, and other state agencies, as\napplicable, for the filing with the court of a copy of the\nadministrative record. Upon receipt of such petition and demand, a copy\nof the administrative record and any decision shall forthwith be\ndelivered by the commission, the department, or other state agency, as\napplicable, to the court. The petition and any subsequent appeal shall\nbe heard on the administrative record without requirement of\nreproduction. No objection that has not been urged on the administrative\nrecord shall be considered by the court, unless the failure or neglect\nto urge such objection below shall be excused because the information\nunderlying such objection was unknown at the time of the administrative\nproceeding or because of other extraordinary circumstances.\n  b. If such facilities are proposed to be sited or located in more than\none judicial department, such proceeding may be brought in any one but\nonly one of such departments. If petitions are filed in more than one\ncourt, the court in which a petition was first filed shall retain\nexclusive jurisdiction of the proceeding, and all other petitions shall\nbe transferred forthwith to said court. Upon motion by any party to the\nproceeding, or on its own motion, said court may transfer the\nproceedings to the appellate division in any other judicial department\nfor good cause. The jurisdiction of the appellate division shall be\nexclusive and its judgment and order shall be final, subject to review\nby the court of appeals in the same manner and form and with the same\neffect as provided for appeals in a special proceeding. All such special\nproceedings shall be heard and determined by the appellate division and\nby the court of appeals as expeditiously as possible and with precedence\nover all other matters except special proceedings under the election\nlaw.\n  c. Except as otherwise provided in this subdivision, article\nseventy-eight of the civil practice law and rules shall apply to special\nproceedings and appeals therefrom taken pursuant to this subdivision.\n
N.Y. ELN Law § 5-507 — New York Code / Act ELN / Article 5 / Title 5 / Section 5-507
Voter pre-registration and education on voter pre-registration
Status: in_force

§ 5-507. Voter pre-registration and education on voter\npre-registration. 1. Pre-registration. A person who is at least sixteen\nyears of age and who is otherwise qualified to register to vote may\npre-register to vote, and shall be automatically registered upon\nreaching the age of eligibility as provided by this chapter.\n  2. Encouragement of student voter registration and pre-registration.\nLocal boards of education, boards of cooperative educational services,\ncharter schools and non public schools are required to adopt policies to\npromote student voter registration and pre-registration. These policies\nmay include collaboration with county boards of elections to conduct\nvoter registration and pre-registration in high schools and shall\ninclude, but not be limited to, procedures for: (i) providing access to\nvoter registration and pre-registration applications during the school\nyear and assistance with filing such applications; and (ii) informing\nstudents of the state requirements for voter registration and\npre-registration. Completion and submission of voter registration or\npre-registration forms shall not be a course requirement or graded\nassignment for students.\n
N.Y. VAT Law § 510-D — New York Code / Act VAT / Title 5 / Article 20 / Section 510-D
Suspension and revocation of class E driver's licenses
Status: in_force

§ 510-d. Suspension and revocation of class E driver's licenses. 1. A\nclass E driver's license shall be suspended by the commissioner for a\nperiod of one year where the holder is convicted of a violation of\nsection 230.20, 230.25, 230.30, 230.32, 230.34, 230.34-a or 230.40 of\nthe penal law and the holder used a for hire motor vehicle to commit\nsuch crime.\n  2. A class E driver's license may be revoked by the commissioner when\nthe holder, who had his or her driver's license suspended under\nsubdivision one of this section within the last ten years, is convicted\nof a second violation of section 230.20, 230.25, 230.30, 230.32, 230.34,\n230.34-a or 230.40 of the penal law and the holder used a for hire motor\nvehicle to commit such crime.\n  3. Any revocation or suspension of a class E driver's license issued\npursuant to this article shall be applicable only to that portion of the\nholder's driver's license or privilege which permits the operation of a\nmotor vehicle transporting passengers for hire, and the commissioner\nshall immediately issue a license, other than a class E driver's\nlicense, to such person, provided that such person is otherwise eligible\nto receive such license and further provided that issuing a license to\nsuch person does not create a substantial traffic safety hazard.\n  4. The provisions of this section shall not be construed to prevent\nany person who has the authority to suspend or revoke a license to drive\nor privilege of operating pursuant to section five hundred ten of this\narticle from exercising any such authority.\n
N.Y. EDN Law § 3810 — New York Code / Act EDN / Title 5 / Article 77 / Section 3810
No costs to plaintiffs in certain cases
Status: in_force

§ 3810. No costs to plaintiffs in certain cases.  1. In any action\nagainst school officers, including supervisors of towns, in respect to\ntheir duties and powers under this chapter, for any act performed by\nvirtue of or under the color of their offices, or for any refusal or\nomission to perform any duty enjoined by law, and which might have been\nthe subject of an appeal to the commissioner of education, no costs\nshall be allowed to the plaintiff, in cases where the court shall\ncertify that it appeared on the trial that the defendants acted in good\nfaith.\n  2. The provision of subdivision one of this section shall not extend\nto suits for penalties, nor to suits or proceedings to enforce the\ndecisions of the commissioner of education.\n
N.Y. PBA Law § 1109 — New York Code / Act PBA / Article 5 / Title 5 / Section 1109
Actions
Status: in_force

§ 1109. Actions. 1. In any case founded upon tort a notice of claim\nshall be required as a condition precedent to the commencement of an\naction or special proceeding against the authority or any officer,\nappointee or employee thereof, and the provisions of section fifty-e of\nthe general municipal law shall govern the giving of such notice. Except\nin an action for wrongful death, an action against the authority for\ndamages for injuries to real or personal property, or for the\ndestruction thereof, or for personal injuries, alleged to have been\nsustained, shall not be commenced more than one year and ninety days\nafter the cause of action therefor shall have accrued.\n  2. An action against the authority for wrongful death shall be\ncommenced in accordance with the notice of claim and time limitation\nprovisions of title eleven of article nine of this chapter.\n
N.Y. RSS Law § 330 — New York Code / Act RSS / Article 8 / Title 5 / Section 330
Participation by municipalities
Status: in_force

§ 330. Participation by municipalities. a. Every municipality\n(exclusive of those maintaining a local pension system for all its\npolice officers and firefighters) employing police officers and\nfirefighters must participate in the police and fire retirement system,\nand such participation shall be irrevocable.\n  b. A municipality maintaining a local pension system for its police\nofficers and firefighters may elect to participate in the police and\nfire retirement system upon the petition of sixty per centum of the\nmembers of the local pension system for police officers and\nfirefighters. Such election shall be exercised by the adoption of a\nresolution approved by its local legislative body and any other body or\nofficer required by law to approve resolution of such local legislative\nbody. Upon the filing of a certified copy of such resolution with the\ncomptroller, such election shall be irrevocable, and the municipality\nshall become a participating employer. As of the date such participation\nis approved:\n  1. The operation of such local pension system shall be discontinued.\n  2. The existing pensioners and annuitants of such local pension system\nshall be continued and paid at their existing rates by the police and\nfire retirement system.\n  3. Any cash and securities to the credit of such local pension system\nshall be transferred to the police and fire retirement system.\n  4. The trustees or other administrative head of such local pension\nsystem shall certify the proportion, if any, of the funds of such system\nthat represents the accumulated contributions of the members and the\nindividual shares of the members therein. Such shares shall be credited\nto the respective annuity savings accounts of such members in this\nretirement system. The balance of the funds so transferred to the police\nand fire retirement system shall be offset against the liability on\naccount of existing pensioners, annuitants and active members. The\nresulting liability so determined shall be the basis for the rate of\ndeficiency contribution of such county, city, town or village as\ndetermined pursuant to section twenty-three of this article.\n  c. The county of Monroe, by resolution legally adopted by its\ngoverning body filed with and approved by the comptroller, may elect to\nhave its fire chief-airport, firefighter-airport, and fire\ncaptain-airport personnel in those titles designated by such governing\nbody, become eligible to participate in the New York state and local\npolice and fire retirement system. Upon such adoption, such county,\nexcept as specifically provided in this article to the contrary, shall\nthereafter be treated as a participating employer. Such resolution shall\nprovide for the payment by the county of any costs incurred for past\nservice credit as well as future cost occasioned by the county's\nelection under this subdivision; provided articles fourteen and fifteen\nmember contributions previously made by members of the New York state\nand local employees' retirement system who will become members of the\nNew York state and local police and fire retirement system under this\nsection shall be transferred to the New York state and local police and\nfire retirement system and used to offset the amount of past service\ncosts which would otherwise result. Further, the past service costs,\nless such accumulated tiers 3 and 4 member contributions, shall be paid\nover a ten year period at the rates of interest used in the actuarial\nvaluations covering the ten year period.\n  d. A participating employer's election of any retirement benefit for\nmembers of the state and local police and fire retirement system shall\napply either to its police officers or its firefighters, as the case may\nbe.\n
N.Y. SOS Law § 83 — New York Code / Act SOS / Article 3 / Title 5 / Section 83
County social services funds
Status: in_force

§ 83.  County social services funds.  1.  The county treasurer shall\nbe the treasurer of the county social services district.\n  2.  Except as hereinafter provided, disbursements for administration\nand public assistance and care from county social services funds shall\nbe made only on warrants drawn by the county commissioner for the\npayment of bills and claims, in accordance with the provisions of law\nrelating to such county and after audit by such county commissioner,\nexcept that in counties having a county comptroller or a county auditor\nsuch claims shall be audited by the county comptroller or county auditor\nafter approval by the county commissioner.\n  3.  Payments for board and incidental expenses of children cared for\nin boarding homes or in the homes of relatives or in institutions\nmaintained by an authorized agency provided under title two of article\nsix or on order of the family court of the county, may be made upon\nschedules showing the names of the persons or institutions with whom\nsuch children are boarded, the names of children boarded with each of\nthem, the monthly rate of board to be paid for each such child, the\nperiod covered by each such schedule, the amount due for the board of\neach child during such period, an itemized account of the amount allowed\nfor incidentals, if any, in the case of each child, and the total amount\ndue to each such person or institution, verified by the commissioner and\naudited as hereinbefore provided and without the presentation of\nverified bills or claims by such persons or institutions.\n
N.Y. PBA Law § 911 — New York Code / Act PBA / Article 4 / Title 5 / Section 911
Agreement with state
Status: in_force

§ 911. Agreement with state. The state does hereby pledge to and agree\nwith the holders of any bonds issued by the authority pursuant to this\ntitle and with those persons or public authorities who may enter into\ncontracts with the authority pursuant to the provisions of the title\nthat the state will not alter, limit or impair the rights hereby vested\nin the authority to purchase, construct, own and operate, maintain,\nrepair, improve, reconstruct, renovate, rehabilitate, enlarge, increase\nand extend, or dispose of any project, or any part or parts thereof for\nwhich bonds of the authority shall have been issued, to establish and\ncollect rates, rents, fees and other charges referred to in this title,\nto fulfill the terms of any contracts or agreements made with or for the\nbenefit of the holders of bonds or with any person or public authority\nwith reference to such project or part thereof, or in any way to impair\nthe rights and remedies of the holders of bonds, until the bonds,\ntogether with interest thereon, including interest on any unpaid\ninstallments of interest, and all costs and expenses in connection with\nany action or proceeding by or on behalf of the holders of bonds, are\nfully met and discharged and such contracts are fully performed on the\npart of the authority. The authority is authorized to include this\npledge and agreement of the state in any agreement with the holders of\nbonds.\n
N.Y. GOB Law § 5-513 — New York Code / Act GOB / Article 5 / Title 5 / Section 5-513
Recovery of excess
Status: in_force

§ 5-513. Recovery of excess. Every person who, for any such loan or\nforbearance, shall pay or deliver any greater sum or value than is\nallowed to be received pursuant to section 5-501, and his personal\nrepresentatives, may recover in an action against the person who shall\nhave taken or received the same, and his personal representatives, the\namount of the money so paid or value delivered, above the rate\naforesaid.\n
N.Y. PBA Law § 3621 — New York Code / Act PBA / Article 10-C / Title 5 / Section 3621
Applicability of law
Status: in_force

§ 3621. Applicability of law. The provisions of this title shall be\nsubject to the provisions of the civil practice law and rules, the\npublic health law, the mental hygiene law, the social services law, the\neducation law and any other applicable law or regulation, including any\namendment thereto provided, however, nothing in this section shall\nrequire the towns or corporation to seek approval or consent for any\ntransfer pursuant to sections thirty-six hundred seven and thirty-six\nhundred nineteen of this title.\n
N.Y. VAT Law § 509-Q — New York Code / Act VAT / Title 5 / Article 19-B / Section 509-Q
Application for employment
Status: in_force

§ 509-q. Application for employment. A commercial driver not subject\nto the provisions of article nineteen-A of this chapter or to the\nprovisions of section fourteen-f of the transportation law and hired on\nand after the effective date of this article shall not operate a\ncommercial motor vehicle unless such driver has furnished the commercial\nmotor carrier that employs the driver with a completed application for\nemployment. Every commercial motor carrier shall prepare an application\nfor employment which shall comply with rules and regulations of the\ncommissioner of transportation.\n
N.Y. ENV Law § 11-0533 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0533
Licensing of guides
Status: in_force

§ 11-0533. Licensing of guides.\n  1. As used in this section, the term "guide" shall mean a person who\noffers services for hire part or all of which includes directing,\ninstructing, or aiding another in fishing, hunting, camping, hiking,\nwhite water canoeing, rafting or rock and ice climbing.\n  2. All guides engaging in the business of guiding on all lands and\nwaters of the state shall possess a license issued by the department,\nexcept for any persons operating or assisting upon a public vessel for\nhire (passenger carrying vessels), licensed by the United States Coast\nGuard or New York state, upon the Atlantic Ocean and all other marine\nand coastal waters, tidal waters including the Hudson river up to the\nTroy barrier dam, St. Lawrence river, Great Lakes and the navigable\nportion of their tributaries, and other navigable waters, as determined\nby the department.\n  3. Except while guiding for the purposes of hunting and/or fishing, no\nlicense as defined in section 11-0701 is required for such acts.\n  4. Employees of children's camps as defined in subdivision one of\nsection one thousand four hundred of the public health law shall be\nexempt from the provisions of subdivisions one and two of this section,\nprovided such activities are carried out within the scope of said\nemployment.\n  5. A license as required under subdivision two of this section shall\nbe issued for a period of five calendar years and the fee therefor shall\nbe established by the department, not to exceed two hundred dollars.\n  6. Every licensed guide while engaged in guiding shall wear in plain\nsight identification furnished by the department. Licensed guides shall\nbe at least eighteen years of age. They shall be skilled in the use of\nboats and canoes whenever use of these craft is required and shall be\npersons competent to guide one or more of the following: camping,\nhunting, fishing, hiking, white water canoeing/rafting, rock or ice\nclimbing or other similar activities. The department shall by regulation\nestablish standards and procedures for testing and licensing of guides.\n  7. Any licensed guide who violates any provision of this chapter or\nwho makes any false statement in his application for a license shall in\naddition to any other penalties, immediately surrender his license to\nthe department, which may be revoked by the department for up to one\nyear following the date of such surrender.\n  8. The department shall publish a list of guides annually.\n
N.Y. VAT Law § 516-A — New York Code / Act VAT / Title 5 / Article 20 / Section 516-A
Reciprocal driver license agreements with provinces of Canada
Status: in_force

§ 516-a. Reciprocal driver license agreements with provinces of\nCanada. The commissioner may execute a reciprocal compact or agreement\nnot inconsistent with the provisions of this chapter with the motor\nvehicle administrator or other authorized official of any province of\nCanada to effectuate the purposes set forth in subdivision (b) of\narticle one of section five hundred sixteen of this article.\n
N.Y. SOS Law § 410-O — New York Code / Act SOS / Article 6 / Title 5-A / Section 410-O
Separability
Status: in_force

§ 410-o.  Separability. If any clause, sentence, paragraph or part of\nthis article shall be adjudged by any court of competent jurisdiction to\nbe invalid, such judgment shall not affect, impair or invalidate the\nremainder thereof, but shall be confined in its operation to the clause,\nsentence, paragraph, section or part thereof directly involved in the\ncontroversy in which such judgment shall have been rendered.\n
N.Y. PBA Law § 1500-W — New York Code / Act PBA / Article 7 / Title 5 / Section 1500-W
Inconsistent provisions in other acts superseded
Status: in_force

§ 1500-w. Inconsistent provisions in other acts superseded. Insofar as\nthe provisions of this title are inconsistent with the provisions of any\nother act, general or special, or of any local law of the city, the\nprovisions of this title shall be controlling.\n
N.Y. PBA Law § 1500-C — New York Code / Act PBA / Article 7 / Title 5 / Section 1500-C
City of Buffalo parking authority
Status: in_force

§ 1500-c. City of Buffalo parking authority. 1. A board to be known as\nthe "city of Buffalo parking authority" is hereby created. Such board\nshall be a body corporate and politic, constituting a public benefit\ncorporation, and its existence shall commence upon the appointment of\nthe members as herein provided. It shall consist of a chair and four\nother members, who shall be appointed by the mayor of the city of\nBuffalo, with the advice and consent of the city of Buffalo common\ncouncil. The mayor of the city may remove any member of the board for\nneglect of duty or misconduct in office, giving such member a copy of\nthe charges against them and an opportunity of being heard in person, or\nby counsel, in their defense upon not less than ten days notice. Of the\nmembers first appointed, one shall be appointed for a period of one\nyear, one for a period of two years, one for a period of three years,\none for a period of four years, and one for a period of five years. At\nthe expiration of such terms, the terms of office of their successors\nshall be five years. Each member shall continue to serve until the\nappointment and qualification of a successor. Vacancies in such board\noccurring otherwise than by the expiration of term shall be filled for\nthe unexpired term. The members of the board shall choose from their\nnumber a vice-chair. The members of the board shall not be compensated\nfor their services, however, members shall be entitled to reimbursement\nfor any actual and necessary expenses incurred in the performance of\nsuch member's official duties. The powers of the authority shall be\nvested in and exercised by a majority of the members of the board. Such\nboard may delegate to one or more of its members or to its officers,\nagents and employees such powers and duties as it may deem proper.\n  2. Notwithstanding any inconsistent provisions of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state or of any public authority shall forfeit such\nofficer, member or employee's office or employment by reason of such\nacceptance of appointment as a member, officer or employee of the\nauthority, nor shall service as such member, officer or employee be\ndeemed incompatible or in conflict with such office, membership or\nemployment.\n  3. (a) The mayor of the city shall file on or before December\nthirty-first of the year in which this title shall take effect, in the\noffice of the secretary of state, a certificate signed by the mayor\nsetting forth:\n  (i) the name of the authority;\n  (ii) the names of the members of the board and their terms of office;\nand\n  (iii) the effective date of this title.\n  (b) If such certificate is not filed with the secretary of state on or\nbefore such date, then the corporate existence of the authority shall\nthereupon terminate and it shall thereupon be deemed to be and shall be\ndissolved.\n  4. The city of Buffalo parking authority shall not be authorized to\nexercise the powers, duties, and functions outlined in this article\nuntil all initial members and the initial chair are appointed.\n
N.Y. ENV Law § 9-0505 — New York Code / Act ENV / Article 9 / Title 5 / Section 9-0505
Sale of products from reforestation areas
Status: in_force

§ 9-0505. Sale of products from reforestation areas.\n  1. The commissioner, upon such terms as may be deemed by him to be for\nthe best interests of the state and subject to the following rules and\nregulations, may sell the trees, timber and other products on any areas\noutside of the forest preserve counties heretofore or hereafter acquired\nby gift, purchase or appropriation and on any lands within the forest\npreserve counties, but outside of the Adirondack and Catskill parks as\nnow fixed, or hereafter extended by law, heretofore or hereafter\nacquired pursuant to this section by the department. For the purposes of\nthis section, the term "other products" shall also include, but not be\nlimited to, the sap from maple trees.\n  2. All trees, timber or other products to be sold shall be plainly\nmarked or otherwise designated prior to selling and no such material\nshall be removed from said land until paid for.\n  3. No such material shall be sold at less than the fair market value\nin the county or counties in which it is located. Fair market value\nshall be the value fixed by a department forester or other competent\nappraiser in a report made after an examination of the materials to be\nsold, provided such appraisal is approved by the commissioner. The\ncommissioner shall have authority to sell such materials at not less\nthan the value thus fixed and under such conditions as he may prescribe.\n  4. a. No sale of such materials appraised at ten thousand dollars or\nmore shall be made without public notice of sale, and after receipt of\nsealed bids which shall be opened only at the time and place specified\nin the notice of sale. Award shall be made only to the highest bidder.\n  b. The public notice of the sale of such materials shall be a notice\ndescribing the materials and location thereof, the date when and place\nwhere bids will be opened and the address at which said forms and\nspecific details of the sale may be obtained. Such notice shall be\nprinted in the Procurement Opportunity Newsletter, and in such other\nnewspapers as will be most likely to give adequate notice of the sale of\nsuch materials, for such time and in such manner as shall be determined\nby the commissioner.\n  c. The state may reject all bids submitted if the highest bid is below\nthe fair market value as determined above. No bids shall be withdrawn or\ncancelled until after the award shall have been made, but the state may\nreject any bids which do not conform to rules and regulations and may\nreject all bids and again advertise for bids in the manner herein\nprovided if the interests of the state shall be promoted thereby. Each\nbidder with his bid shall deposit with the commissioner a certified\ncheck drawn upon some legally incorporated bank in this state or money\nfor five per centum of the amount of his bid as a guarantee that he will\nenter into the contract of sale if it be awarded to him. Notice of the\nrequirement of such deposit with the bid shall be embodied in the public\nnotice for such letting and such notice shall also require the giving of\na bond in such amount as the commissioner may prescribe for the faithful\nperformance of the contract and for the indemnification of the state for\nany unnecessary injury to property of the state, forest growth or other\nmaterials not marked or otherwise designated for removal under such\ncontract, which may result from the removal of the materials sold. In\nlieu of such bond the bidder may deposit cash or a certified check with\nthe commissioner. The contract when awarded shall be executed in\ntriplicate, one triplicate original shall be forthwith filed in the\noffice of the commissioner, one together with the bond accompanying such\ncontract in the office of the State Comptroller and one furnished to the\ncontractor. The contractor shall present to the commissioner evidence\nthat he is insured against all claims for workmen's compensation and\npublic liability.\n  d. For sales appraised at more than five hundred dollars and less than\nten thousand dollars the commissioner, at a minimum, shall develop a\nlocal bid procedure to ensure that the public is aware of such sales and\nthat such sales be awarded to the highest responsible bidder.\n  5. Notwithstanding any rule or regulation to the contrary, the\ncommissioner shall be authorized to enter into contracts for the lease\nor use of state lands for the purpose of tree tapping and sap production\nfor a term of up to, but not to exceed, ten years. For the purposes of\nthis section, the terms "tree tapping" and "sap production" shall\ninclude trees and sap from species of trees including, but not limited\nto, maple.\n
N.Y. ENV Law § 54-0509 — New York Code / Act ENV / Article 54 / Title 5 / Section 54-0509
Contracts for state assistance payments for municipal landfill closure projects and municipal landfill gas management projects
Status: in_force

§ 54-0509. Contracts for state assistance payments for municipal\n             landfill closure projects and municipal landfill gas\n             management projects.\n  After approval of the application, the commissioner and the\nmunicipality shall enter into a contract for state assistance payments\ntoward the cost of such project which shall include the following\nprovisions:\n  1. A current estimate of the cost of the project as determined by the\ncommissioner at the time of the execution of the contract.\n  2. An agreement by the commissioner to make state assistance payments\ntoward the cost of the project by periodically reimbursing the\nmunicipality for costs incurred during the progress of the project. For\na municipal landfill closure project, which does not include a landfill\ngas management system, such reimbursement shall be a maximum of either\nfifty percent of the cost, or ninety percent of the cost for a\nmunicipality with a population smaller than thirty-five hundred as\ndetermined by the current federal decennial census, or two million\ndollars, whichever is less. For a landfill gas management system, which\nis part of a municipal landfill closure project, reimbursement shall be\na maximum of either fifty percent of the cost, or ninety percent of the\ncost for a municipality with a population smaller than thirty-five\nhundred as determined by the current federal decennial census, or two\nmillion dollars, whichever is less. For a municipal landfill gas\nmanagement project, reimbursement shall be a maximum of either fifty\npercent of the cost, or ninety percent of the cost for a municipality\nwith a population smaller than thirty-five hundred as determined by the\ncurrent federal decennial census, or two million dollars, whichever is\nless. Project costs are subject to final computation and determination\nby the commissioner upon completion of the project, and shall not exceed\nthe maximum cost set forth in the contract. For purposes of this\nsubdivision, the approved project cost shall be reduced by the amount of\nany specific state assistance payments for municipal landfill closure or\nmunicipal landfill gas management project purposes received by the\nmunicipality from any source; provided, however, that non-specific state\nassistance payments, such as amounts paid pursuant to section fifty-four\nof the state finance law, shall not be included in such cost reduction.\n  3. An agreement by the municipality to proceed expeditiously with the\nproject and to complete the project in accordance with plans and reports\napproved by the department and with the conditions of applicable\npermits, administrative orders or judicial orders.\n
N.Y. RPT Law § 986 — New York Code / Act RPT / Article 9 / Title 5 / Section 986
Receipts for taxes
Status: in_force

§ 986. Receipts for taxes. 1. The collecting officer shall upon\nrequest or by notice on the tax bill of a person paying a tax, deliver,\nforward by mail, or, subject to the provisions of section one hundred\nfour of this chapter, transmit electronically a receipt to such person\nspecifying the date of such payment, the name of such person, the\ndescription of the property as shown on the tax roll, the name of the\nperson to whom the same is assessed, the amount of such tax and the date\nof delivery to such officer of the tax roll on account of which such tax\nwas paid, except that the collecting officer of the city of New York\nshall not be required to give such a receipt unless payment of a tax is\nmade in money or unless the person paying the tax makes a request\ntherefor in writing. Nothing contained in this subdivision shall prevent\nthe collecting officer from delivering, forwarding by mail, or\ntransmitting electronically a receipt to any person paying a tax who\ndoes not request such a receipt or make a proper notation on the tax\nbill. Provided, however, if a tax is paid by a mortgage investing\ninstitution pursuant to title three-A of this article, a receipt for\neach paid tax bill shall be delivered, mailed, or transmitted\nelectronically to the mortgagor pursuant to the provisions of section\nnine hundred fifty-five of this article.\n  2. The comptroller shall prescribe the form of such receipts and they\nshall be furnished to the town collecting officer by the board of\nsupervisors at the expense of the county; to the city collecting officer\nby the council at the expense of the city; to the village collecting\nofficer by the village trustees at the expense of the village; to the\nschool collecting officer by the school authorities at the expense of\nthe school district. The expense of mailing receipts shall be a charge\nagainst the appropriate city, town, village or school district.\n  3. At the time of giving such a receipt the collecting officer shall\nretain a copy thereof which shall be subject to public inspection and\nshall be filed with his return to the county treasurer or such officer\nor board to which he makes his return.\n  4. The governing body of any municipal corporation, may by ordinance\nor resolution require the use by the collecting officer of a mechanical\nreceipting device containing locked-in records of receipts approved by\nthe state comptroller in those municipal corporations whose accounts the\nstate comptroller has power to audit and in other municipal corporations\nby the city comptroller thereof, in lieu of the receipts required by\nthis section. Such locked-in records of receipts shall be removed daily\nfrom such device by the collecting officer, or by a designated\nsubordinate authorized to do so by the collecting officer in writing,\nand when removed, they shall be kept in consecutive and chronological\norder securely fastened in a book or bound volume. It shall be the duty\nof the governing body of such municipal corporation to provide such\nreceipting device and records at the expense of such municipal\ncorporation. After such system is installed and until such action is\nrescinded by like ordinance or resolution, the collecting officer shall\nuse such device only while giving receipts for taxes paid to him.\n
N.Y. ENV Law § 21-0519 — New York Code / Act ENV / Article 21 / Title 5 / Section 21-0519
Budget
Status: in_force

§ 21-0519. Budget.\n  1. The interstate environmental commission shall submit annually to\nthe Governor in accordance with the laws and practice of this state, for\nstudy and consideration by him, an estimate of moneys required to\nadminister, manage and support the commission during the ensuing fiscal\nyear. Such estimate shall include any request for appropriation of funds\nby New York and shall be accompanied by a tabulation of similar requests\nwhich the commission expects to make to each other member state and the\nformula or factors upon which such respective requests are based.\n  2. The Commissioner of Environmental Conservation shall be afforded an\nopportunity to comment on any budget request by the commission, and the\ncommission shall be furnished with a copy of any such comments.\n
N.Y. PBA Law § 1500-N — New York Code / Act PBA / Article 7 / Title 5 / Section 1500-N
Tax exemptions
Status: in_force

§ 1500-n. Tax exemptions. 1. It is hereby determined that the creation\nof the authority and the carrying out of its corporate purposes is in\nall respects for the benefit of the people of the city and its environs,\nand is a public purpose, and the authority shall be regarded as\nperforming a governmental function in the exercise of the powers\nconferred upon it by this title and shall be required to pay no taxes or\nassessments upon any of the property acquired by it or under its\njurisdiction or control or supervision or upon its activities.\n  2. Any bonds or notes issued pursuant to this title, together with the\nincome therefrom, as well as the property of the authority, shall be\nexempt from taxation, except for estate or gift taxes and taxes on\ntransfers.\n
N.Y. ENV Law § 11-0541 — New York Code / Act ENV / Article 11 / Title 5 / Section 11-0541
Monarch preservation plan
Status: in_force

§ 11-0541. Monarch preservation plan.\n  Beginning within one year of the effective date of this section, the\ndepartment shall take feasible actions to conserve monarch butterflies\nand the unique habitats they depend upon for successful migration. These\nactions may include, but are not limited to, habitat restoration on\ndepartment and state owned lands, education programs, and voluntary\nagreements with private landowners. The department may partner with\nfederal agencies, state agencies, nonprofit organizations, academic\nprograms, private landowners, and other entities that undertake actions\nto conserve monarch butterflies and aid their successful migration. When\nundertaking actions to conserve monarch butterflies and their habitats\npursuant to this section, the department shall use the best available\nscience and consider, as appropriate and feasible, all of the following:\n  1. restoring or revegetating monarch caterpillar habitat using\nregionally or locally appropriate native milkweed species and native\nnectar plant species;\n  2. controlling nonnative weed species that threaten native milkweed\nspecies, and controlling pests and disease, using current best\nmanagement practices consistent with integrated pest management\nprinciples that pose low risk to monarch butterflies and their habitat;\n  3. identifying alternatives to pest management practices that may be\nharmful to monarch butterflies, their food or their habitat, including\nbut not limited to alternatives to the use of pesticides that may cause\nsuch harm;\n  4. incorporating diverse tree species, structures, and arrangements\nwhen restoring or establishing winter habitat sites to match monarch\nbutterfly preferences for temperature, light, moisture, wind, and other\nmicroclimate characteristics; and\n  5. increasing the number of partnerships and making the most of\npartnerships to use residential and institutional landscaped areas,\nagricultural lands that are not in active production, transportation\ncorridors, and conservation easements to create, restore, or enhance\nmonarch butterfly habitat.\n
N.Y. EDN Law § 3636 — New York Code / Act EDN / Title 5 / Article 73 / Part 3 / Section 3636
Passage of school buses across railroad crossings
Status: in_force

§ 3636. Passage of school buses across railroad crossings. 1. No\nschool bus transporting pupils between home and school or between\nschools which such pupils regularly attend either within or outside the\ndistrict which operates or contracts for the operation of such bus, or\ntransporting pupils for any purpose within such district, shall cross\nrailroad tracks at grade except at a guarded railroad crossing, unless\nthe governing body of the school district which operates the bus or\ncontracts for the operation of the bus shall have adopted, at a regular\nmeeting after a public hearing thereon, a resolution by which it shall\nhave determined that the use of a route which would avoid an unguarded\nrailroad crossing by the school bus would be impracticable.\n  A copy of any resolution adopted pursuant to the provisions of this\nsection shall be filed with the department of education and the\ndepartment of transportation at their respective offices in the city of\nAlbany.\n  2. For the purpose of this section, a guarded railroad crossing shall\nbe defined as follows:\n  a. Any railroad crossing having automatic electrically operated gates\nthat meet the specifications for such gates in the rules and regulations\npromulgated by the department of transporation.\n  b. Any railroad crossing where a member of the approaching train's\ncrew disembarks from the train which has stopped before the crossing and\npositions himself at the crossing to halt traffic while the train\npasses. Such procedure must be in accordance with the rules and\nregulations promulgated by the department of transportation.\n  c. Any railroad crossing protected by an automatic warning signal\nwhich meets the specifications in the rules and regulations as\npromulgated by the department of transportation.\n  d. Any railroad crossing protected by one or more persons serving as a\nrailroad crossing guard.\n  3. Each school district shall prepare and maintain a map indicating\nthe intersection with any unguarded railroad crossing of each route used\nby a school bus transporting students to and from school either within\nor outside the district, or for any purpose within the district, and\nshall make such map available for inspection by any resident of the\ndistrict at a place designated by the governing body of the district.\n  4. The commissioner of education shall have the authority to\npromulgate such regulations as he shall deem appropriate to implement\nthe provisions of this section.\n
N.Y. ENV Law § 15-0515 — New York Code / Act ENV / Article 15 / Title 5 / Section 15-0515
Review
Status: in_force

§ 15-0515. Review.\n  A determination, order or issuance, modification or denial of a\npermit, pursuant to sections 15-0501, 15-0503 and 15-0505 shall be\nreviewable in a proceeding pursuant to article 78 of the Civil Practice\nLaw and Rules.\n
N.Y. EDN Law § 3609-G — New York Code / Act EDN / Title 5 / Article 73 / Part 1 / Section 3609-G
Moneys apportioned to school districts for reimbursement of article twenty-three of the tax law payments commencing in the 2009-2010 scho...
Status: in_force

§ 3609-g. Moneys apportioned to school districts for reimbursement of\narticle twenty-three of the tax law payments commencing in the 2009-2010\nschool year. Notwithstanding any other provision of law to the contrary,\nschool districts shall be reimbursed for payments made pursuant to\narticle twenty-three of the tax law pursuant to this section.\n  1. Definition. As used in this section the following term shall be\ndefined as follows: "School district" shall mean a public school\ndistrict and shall not include a special act school district as defined\nin section four thousand one of this chapter.\n  2. Prescribed payments. On or after the first business day of June of\neach school year, commencing June first, two thousand ten, a school\ndistrict shall be paid an amount equal to one hundred percent of the\npayments made by a school district on or after May first of the prior\nschool year and before May first of the current school year to the\ncommissioner of taxation and finance pursuant to article twenty-three of\nthe tax law. No payment may be made pursuant to this subdivision until\nsuch amount for each school district is certified by the commissioner of\ntaxation and finance and transmitted to the commissioner. Such\ncertification shall be made on or before May thirty-first so as to\nfacilitate payments to be made pursuant to this section.\n  3. (a) Moneys paid pursuant to this section shall be payable to the\ntreasurer of each city school district, and the treasurer of each union\nfree school district and of each central school district and of each\nother school district, if there be a treasurer, otherwise to the\ncollector or other disbursing officer of such district, who shall apply\nfor and receive the same as soon as payable.\n  (b) In the case of city school districts of the cities with one\nhundred twenty-five thousand inhabitants or more, any payment which\npursuant to this section is required to be made to the treasurer of the\ncity school district, shall be made to the city treasurer or\nchamberlain.\n  4. Any payment to a school district pursuant to this section shall be\ngeneral receipts of the district and may be used for any lawful purpose\nof the district.\n  5. It is the intent of the governor to submit and the legislature to\nenact for each fiscal year after the two thousand nine--two thousand ten\nfiscal year in an annual budget bill an appropriation in the amount to\nbe paid to school districts pursuant to this section.\n